06-300►��
Council File # /J� �Oa
Green Sheet #�a`� (LD�
CITY OF
PresenTed By
Referred To
RESOLUTION
AIl�jT PAUL, M
Committee: Date
1 WHEREAS, Neighborhood Housing & Property Improvement has requested the City Council to
2 hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and
3 removal of a two-story, wood frame duplex and the detached, two-stall, garage located on property
4 hereinafter referred to as the "Subject Property" and commonly known as 119 Magnolia Avenue West.
5 This property is legally described as follows, to wit:
Lot 18, Block 7, Stinson's Rice Street Addition to the City of St. Paul, Minn.
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WHEREAS, based upon the records in the Ramsey County Recorder's Office and information
obtained by Neighborhood Housing & Property Improvement on or before May 31, 2005 , the
following are the now lrnown interested or responsible parties for the Subject Property: MERS, as
N�aae:nee fer: American �I�ianee, �erfgage Group, Inc.,1595 Spring Hill Rd., Suite 310,
Vienna, VA 22182; Anthony Gulden, 31 Kipling Street, St. Paul, MN 55119; Susan Bertrand,
31 Kipling Street, St. Paul, MN 55119
WHEREAS, Neighborhood Housing & Property Improvement has served in accordance with the
provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an"Order to Abate
Nuisance Building(s)" dated November 22, 2005 ; and
WHEREAS, this order informed the then known interested ar responsible parties that the
structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and
WIIEREAS, this order informed the interested or responsible parties that they must repair or
demolish the structure located on the Subject Property by December 22, 2005 ; and
WHEREAS, the enforcement officer has posted a placard on the Subj ect Property declaring this
building(s) to constitute a nuisance condition; subject to demolition; and
WHEREAS, this nuisance condition has not been corrected and Neighborhood Housing &
Property Ixnprovement requested that the City Clerk schedule public hearings before the Legislative
Hearing Officer of the City Council and the Saint Paul City Council; and
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WHEREAS, the interested and responsible parties have been served notice in accordance with
the provisions of Chapter 45 of the Saint Paul I,egislative Code, of the time, date, place and purpose of
the public hearings; and
WHEREAS, a hearing was held before the Legislarive Aearing Officer of the Saint Paul City
Council on Tuesday, February 28, 2006 to heaz testimony and evidence, and after receiving testimony
and evidence, made the recommendation to approve the request to order the interested or responsible
parties to make the Subject Property safe and not detrimental to the public peace, health, safety and
welfare and remove its blighting influence on the community by rehabilitating this structure in
accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing
the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition of
the stnxcture to be completed within fifteen (15) days after the date of the Council Hearing; and
WHEREAS, a hearing was held befare the Saint Paul City Council on Wednesday, March 15,
2006, and the testimony and evidence including the action taken by the Legislative Hearing Officer was
considered by the Council; now therefore
BE IT RESOLVED, that based upon the testimony and evidence presented at the above
referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order
concerning the Subject Property at 119 Magnolia Avenue West :
That the Subject Property comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chapter 45.
2.
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That the costs of demolition and removal of this building(s) is estimated to exceed three
thousand dollars ($3,000.00).
That there now exists and has existed multiple Housing or Building code violations at the
Subject Property.
That an Order to Abate Nuisance Building(s) was sent to the then lrnown responsible
parties to correct the deficiencies or to demolish and remove the building(s).
That the deficiencies causing this nuisance condition have not been corrected.
That Neighborhood Housing & Property Improvement has posted a placard on the
Subject Property which declares it to be a nuisance condition subject to demolition.
That this building has been routinely monitored by Neighborhood Housing & Property
Improvement, Vacant/Nuisance Buildings.
That the l�own interested parties and owners are as previously stated in this resolution
and that the notification requirements of Chapter 45 have been fulfilled.
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The Saint Paul City Council hereby makes the following order:
The above referenced interested or responsible parties shall make the Subject Property safe and
not detrimental to the public peace, health, safety and welfaze and remove its blighting infiuence
on the community by rehabilitating this structure and correcting all deficiencies as prescribed in
the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable
codes and ordinances, or in the alternative by demolishing and removing the structure in
accordance with all applicable codes and ordinances. The rehabilitation or demolition and
removal of the struchxre must be completed within fifteen (15) days after the date of the Council
Hearing.
2. If the above conective action is not completed within this period of tune Neighborhood Housing
& Property Improvement is hereby authorized to take whatever steps are necessary to demolish
and remove this structure, fill the site and charge the costs incurred against the Subject Property
pursuant to the provisions of Chapter 45 of the Saint Paul I,egislative Code.
In the event the building is to be demolished and removed by the City of Saint Paul, all personal
property or fixtures of any kind which interfere with the demolition and removal shall be
removed from the property by the responsible parties by the end of this time period. If all
personal property is not removed, it shall be considered to be abandoned and the City of Saint
Paul shall remove and dispose of such property as provided by law.
100 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties
101 in accordance with Chapter 45 of the Saint Paul Legislative Code
Requested by DeparhnentoE
Neighborhood Housing & PropertyImprovement
Adoprion Certified by Cou Secretary
BY- �iAi,, /r���,c�Sd.z
ApproveSi a . Date � � Z � -- �7/�
By: u �
Adopted by Council: Date �� p��/� �a �d06
/.��a� .���✓i����
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
, , � �P
NH Neighbofioad Housing/Aopetty
Confact Person & Phone:
Bob Kessler
2661927
Must ee on Council qqenda by (Date):
1SMAR-06
Date Initia�
03FE6-06
�
hssign
Number
For
Routing
Order
Total # of Signature Pages _(Ciip All Lowtions for Signature)
Green Sheet NO: 3029607
Deoartrnent SentToPerson Initial/Date
1 ei hborhoodH usin ro er De ar�eutDireMOr
4 uncil
5 Clerk Ci Clerk
Action Requested:
City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to
comply with the resolution, Neighborhood Housing & Property Improvement is ordered to remove The building. The subject property
is located at 119 Magnolia Avenue West.
idations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Service Contrects
t. Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this personffirm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportuniry (Who, What, When, Where, Why):
This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter'43 of the Saint Paul
Legislative Code. The owneis, interested parties and responsible pariies lmown to the Enforcement Officer were given an order to
xepair or remove the building at 119 Magnolia Avenue West by December 22, 2005, and have failed to comply cviffi those orders.
Advantages If Approved: ��'oP,�eg��
The City will eliminate a nuisance. �A
^�.,„
�'�r�'°� .,
Disadvantages If Approved: r,�r�'
The City will spend fimds to wreck and remove this building(s). These costs will be assessed to the propeffy, collected as a special
assessment against the properiy tazces. -
Disadvantages (f Not Approved:
A nuisance condition will remaiu unabated in the City. This building(s) will continue to blight the community.
Transadion: 10000
CosURevenue Budgeted: y
FundingSource: NuiSenCeHOUSing ActivityNumber: 30251
Financiallnformation: �ateme�t
(Explain)
���. � ���3n
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CITY OF SA.INT PAUL
ChristopherB Coleman, rLlay�or
NEIGHBORHOOD HOCSI�G A\D �� � ���
PROPERTY IviPROVE1tE\T
Bob Kessler. Director
IJt�isnnce Buildin� Enforcement
1600 Yi'hite Bear Ave h' Tel: (6� I) 266-1900
Saint Pae�l. �L(..V»/06 Fax: (6�1) 266-19?6
��^.,, .
February 3, 2006
NOTICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
�=�� " i �s�5
Neighborhood Housing & Property Improvement , Vacant�uisance Buildings
Enforcement Division has requested the City Council schedule public hearings to
consider a resolution ordering the repair or removal of the nuisance building(s)
located at 119 Magnolia Avenue West: -
The City Council has scheduled the date of these hearings as follows:
Legislative Hearing - Tuesday, February 28, 2006
City Council Hearing — Wednesday, March 15, 2006
The owners and responsible parties of record are:
Name and Last Known Address
MERS as Nominee for: American Alliance
Mortgage Group, Inc.
1595 Spring Hill Rd., Suite 310
Vienna, VA 22182
Anthony Gulden
31 Kiplin� Street
St. Paul, MN 55119
Susan Bertrand
31 Kipling Street
St. Paul, MN 55119
Interest
Mortgage Holder
Fee Owner
Interested Party
AA-ADA-EEO Employer
119 Mab olia Avenue �Vest
February 3, 2006
Paje 2
The legal description of this property is:
/, ii
Lot 18, Block 7, Stinson's Rice Street Addition to the City of St. Paul,
Minn.
Neighborhood Housing & Property Improvement has declared this building(s) to
constitute a"nuisance" as defined by Legislative Code, Chapter 45. Neighborhood
Housing & Property Improvement has issued an order to the then lrnown
responsible parties to eliminate this nuisance condition by correcting the
deficiencies or by razing and removing this building(s).
Inasmuch as this Order to Abate has not been complied with the nuisance
condition remains unabated, the community continues to suffer the blighting
influence of this property. It is the recommendation of the Neighborhood
Housing & Properiy Improvement that the City Council pass a resolution
ordering the responsible parties to either repair, or demolish and remove this
building in a timely manner, and failing that, authorize the Neighborhood
Housing & Properiy Improvement to proceed to demolition and removal,
and to assess the costs incuned against the real estate as a special
assessment to be collected in the same manner as taxes.
Sincerely,
Steve Magner
Steve Magner
Vacant Buildings Supervisor
Neighborhood Housing & Property Improvement
SM:ml
cc: Frank Berg, Building Inspection and Design
Judy Hanson, City Attorneys Office
MaryErickson, Assistant Secretary to the Council
Laurie Kaplan, PED-Housing Division
c�(� �od
LEGISLATIVE HEARING MINLJTES OF FEBRUARY 28, 2006 Page 7
Appeal of Summary Abatement Order at 1139 White Bear Avenue North; owner: Stacy M.
Stratton. (NHP�
Ms. Moermond stated the appeal is withdrawn, as the appellant and inspector feel that there is no
need to appeal.
(Withdrawn.)
esolution ordering the owner to remove or repair the building(s) at 119 Magnolia Avenue
West. If the owner fails to comply with the resolution, Neighborhood Housing and Property
Improvement is ordered to remove the building(s).
Steve Magner reported this is a two-story duplex. It has been vacant since 1-27-05. It was
condemned on 1-12-05. Ramsey County lists the owner as Anthony Golden. There has been one
Summary Abatement issued to remove vehicle parts, scrap wood, metal, outside items, building
materials, and tires. On 11-16-OS, an inspection of the building was conducted, a list of
deficiencies which constitute a nuisance condition was developed, and photographs were taken.
An Order to Abate a Nuisance Building was posted on 11-22-OS with a compliance date of 12-22-
O5. As of this date this properiy remains in a condition which comprises a nuisance condition as
defined by the legislative code. The Vacant Building Fees of $375 are not paid as of 2-28-06.
Taxation has placed an estimated mazket value of $40,400 on the land and $160,100 on the
building. Code Compliance Inspection as been completed and the bond have not been posted.
Real Estate t�es are current. NHPI has not received information on what the owner plans to do
with this properry. The photographs show that there was a fire since the building was condemned
and it did more damage to the properiy since it was condemned and opened as a vacant building.
The fire was October 26 or 27, 2005.
The following appeared: Anthony (Tony) Golden, 31 Kipling Street; Mr. Arndt; and Susan
Bertrand, Mr. Goiden's wife, 31 Kipling. Mr. Golden stated that his plans are to fix it up. The
electrician was escorted off the properiy by the Police Department. The lady was evicted from
downstairs and moved back in and called someone. They turned the power back on. It was
condemned once. The tenant was forging the checks to pay the rent. It went to court and it was
thrown out. He started to work on it and then stopped because the lady was sfill downstairs.
Finally, the cops came out and kicked them out and boazded it up. The upstairs is almost all done.
(Mr. Golden explained the situation was the checks from the tenant.)
Mr. Magner explained that the building was originally condemned on 1-12-05.
Ms. Moermond asked was it a two week vacate order. Mr. Magner responded the vacate date was
the 12�'. There was illegal occupancy. Two officers from NHPI went there with one of the Vacant
Building inspectors.
Ms. Moermond asked has he been through the building. Mr. Magner responded no. The
requirements are that a Code Compliance Inspection will need to be done because that inspection
was prior to the �re. Significant things would have changed based on the damages from the fire.
Those would alter the list. Mr. Magner does not know what they would do as faz as payment.
�� �dd
LEGISLATIVE HEAI2ING MINIJTES OF FEBRUARY 28, 2006 Page 8
One of the requirements is to set up an appointment with Jim Seeger (License, Inspections,
Environmental Protection), and the issue of a bond would have to be taken caze of before a permit
can be pulled.
Ms. Moermond asked when the work order was issue. Mr. Magner responded it was a Sununary
Abatement and that was in November 2005. On the reinspection, the owner was cleaning the
yazd. The vehicle may still be there. (There was some discussion about the van.)
Ms. Moermond asked do they have an attorney. Mr. Golden responded no.
Ms. Moermond stated that there is no question that this is a nuisance. This is what needs to
happen: 1) A new Code Compliance Inspection. 2) A performance bond needs to be deposited.
The code changed from being a$2,000 performance deposit to $5,000. It will be returned upon
completion if it is done within the tuneline the City gives the owner. A building permit can be
extended if he is at the halfway mark. 3) Vacant building fees are due by the time this goes to City
Council on Mazch 15. 4) A work plan is needed so that Ms. Moermond has assurance that the
owner has talked to contractors, understands permits need to be pulled, etc. She is looking for
general statements of when contractors will be coming to do the work. 5) She needs to see that
the owner has the ability to pay that contractor. The owner has about two weeks to pull the plans
together. The first thing is to talk to Mr. Seeger.
Mr. Golden stated the insurance company has it listed out what needs to be done.
In summary, Ms. Moermond is recommends granting the owner 180 days to complete the
rehabilitation of the property on condition that the following is done by March 10: 1) Acquire a
new Code Compliance Inspection, 2) Post a$5,000 performance bond, 3) Pay the Vacant Building
fees, 4) Submit a wark plan indicating when al] the items on the Code Compliance Inspection
Report will be completed, 5) Submit a financial plan that shows that the owner has the resources
to complete the items on the Code Compliance Inspection Report, 6) The van should be brought
into compliance.
Resolution ordering the owner to remove or repair the building(s) at 52 HIn¢ Street East. If
the owner fails to comply with the resolution, Neighborhood Housing and Property
Improvement is ordered to remove the building(s).
Steve Magner gave the following staff report. This is a two-story property that has been vacant
since 2-10-05. There is some confusion about the ownership. The property was originally
purchased by Sean and his father Paul Breckman. Paul Breckman and Maureen Breckman were at
one time married and owned a number of properties in the City. There mazriage was dissolved.
According to the divorce decree, this property was to be sold. On 11-17-05, an inspection of the
building was conducted, a list of deficiencies which constitute a nuisance condition was
dedeloped, and photographs were taken. An Order to Abate a Nuisance Building was issued on
11-22-OS with a compliance date of 12-22-05. As of this date, this properiy remains in a condition
which comprises a nuisance as defined by the legis2ative code. The Vacant Building Registration
Fees are paid. TaYation has placed an estimated market value of $40,000 and the land and
$95,000 on the building. As of 2-28-06, a Code Compliance Inspection has been completed and a