06-671AMENDED - 7j19J06
CITY
?resented By
RESOLUTION
SAINT,PAUL, MINNESOTA
�a
Council File # Dfo—b � I
Green Sheet #��
Referred To Committee: Date
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WHEREAS, Neighbarhood Housing & Property Improvement has requested the City Council
to hold public hearings to consider the advisability and necessity of ordering the repair or
wrecking and removal of a one-story, stone/masonry, wood frame dwelling and the attached,
four-stall, wood frame garage located on property hereinafter referred to as the "Sub}ect
Property" and commonly known as 2130 Lower St. Dennis Road . This property is legally
described as follows, to wit:
Lot 74, Lane's Edgecumbe Hills
WHEREAS, based upon the records in the Ramsey County Recorder's Office and information
obtained by Neighborhood Housing & Property Improvement on or before March 14, 2006, the
following are the now known interested or responsible parties for the Subject Property: 663275
BC Ltd. c/o, Kim Belzberg, 2136 Ford Parkway #192, St. Paul, MN 55116-1863
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 May 11, 2006; and
WHEREAS, this order informed the then known interested or responsible parties that the
structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and
WHEREAS, this order informed the interested or responsible parties that they must repair or
demolish the structure located on the Subject Property by June 12, 2006; and
WHEREAS, the enforcement officer has posted a placard on the Subject 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 Improvement requested that the City Clerk schedule public hearings before the
Legisla6ve Hearing Officer of the City Council and the Saint Paul City Council; and
WI�EREAS, the interested and responsible parties have been served notice in accordance with
the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and
purpose of the public hearings; and
AA-ADA-EEO Employer
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WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City
Council on Tuesday, July 11, 2006 to hear 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 welfaze 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 �ioa-e�-demolition of the structure to be completed �e�t�urr�'t#'teea{}5}daqga�
fln°�at�vf�eEflttncii�eaiing; an� fiy})ecem�zx-3, 3flQfr,-ami within thirty (30) days
from adoption of resolution; and
WHEREAS, a hearing was held before the Saint Paul City Council on
Wednesday, July 19, 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 testunony 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 2130 Lower St. Dennis Road:
That the Subject Property comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chapter 45.
2.
3.
4.
5.
6.
[�
That the costs of demolition and removal of this building(s) is estimated to exceed
fluee thousand dollars ($3,000.00).
That there now exists and has existed multiple Housing or Building code violations at
the Subject Property.
That an Order to Abate Nuisance Building(s) was sent to the then known responsible
parties to correct the deficiencies or to demolish and remove the building(s).
That the deficiencies causing this nuisance condition have not been corrected.
That Neighbarhood Housing & Property Improvement has posted a placard on the
Subject Properiy which declares it to be a nuisance condition subject to demolition.
That this building has been routinely monitored by Neighborhood Housing & Property
Improvement, Vacant(Nuisance Buildings.
That the known interested parties and owners are as previously stated in this resolution
and that the notification requirements of Chapter 45 have been fulfilled.
ORDER
The Saint Paul City Council hereby makes the following order:
The above referenced interested or responsible parties shall make the Subject Property
safe and not detrimental to the pubiic peace, health, safety and welfare and remove its
blighring influence on the community by�$���� this structure �an��,rorreetingaii-
�e€ieie�c�ies� as prescribed in the above referenced Or er to Abate Nuisance
Building(s) in accordance with all applicable codes and ordinances, or in the
altemative by demolishing �d�ex�i�g the structure in accordance with all
applicable codes and ordinances. The �ekat�i�et�ea� demolition and removal of the
structure must be completed w�r�a�"}€Eeea{�5}�aqs�-t�e-�kaEeo€-t�e�-ott�c.�i�
�rnz��y within thirty (30) days from adoption of
resolution.
AA-ADA-EEO Employer
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Tf the above conective action is not completed within this period of time
Neighborhood Housing & Property Improvement is hereby authorized to take
whatever steps are necessary to demolish and remove this structure, fill the site and
chazge the costs incurred against the
Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative
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.
It is fiirther ordered, that a copy of this resolution be mailed to the owners and
interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code.
Benanav
Bostrom
Aarris
� �17/��� _ /_'•
✓
Adopted by Council: Date
Requested by Deparanent of:
Neighborhood Housing & PiopertyImprovement
Form
By:
Adoption Certified by Council Secretaf� g
BY� � � l.G-S��r� By:
Approved by M�dr: Date �7� o?/ �a (i
By: / Cd�r7 � ���
d�-��l
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
I y
OepartmenUofficelcouncil: Date Initiated: � ', d �� �
NH — NeighborhoodHousiog/Prope�ty �-.,�� Green Sheet NO: 3030994 `-
CoMaM Person 8 Phone:
Bob Kessler
266-1927
Must Be on Council.qqenda by (Date):
19-JUL-O6
ContractType:
PH�UBLIC HEARMG (RESOIUTION)
� ,
Assign
Number
For
Routing
Ordef
Tofal # uf Signature Pages _(Clip Nl Locations for SignaWre)
Deparhnent SentTOPerson IniliaVDate
0 ei hbo h Aa sin ro er
1 ei borhoad H usio ro er De arMent [or
2 ' Attam ���
3 a r• ifice Ma r As i ta t
4 n cil
5 'N Cierk Cti Cl rk
Action Requested:
City Council to pass this resolution which will order the owner(s) [o remoye or repair the referenced building(s). If the owner fails to
comply with the resolution, Neighborhood Housing & Properry Improvement is ordered to remove the building. The subject property
is located at 2130 Lower St. Dennis Road.
�aanons: qppro�e (A) or P
Planning Commission
CB Committee
Citil Service Commission
Contracts MustMsWerthe F011owing Questions:
1. Has this person/firm e�er woriced under a contract for this departmeM?
Yes Na
2. Has this person/firtn e�er been a city employee?
Yes No
3 Does this persoNfirtn possess a skilf rwt rrorcpalty possessed by any
current city employee�
Yes No
Explain a!I yes answers on separate sheet and ariach to green sheet
Inkiating Problem, lssues, Opportunity (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
Legisla6ve Code. The owners, interested parties and responsible parties known to the Enforcement Officer wete given an order to
repair or remove the building at 2130 Lower St. Dennis Road by June 12, 2006, and have failed to comply with those orders.
AdvanWges IfApproved:
The Ciry will eliminate a nuisance.
Disadvantages If Approved:
The Ciry will spend funds to wreck and remove this building(s). These wsts will be assessed to the property, collected as a special
assessment against the proper[y taxes.
DisadvanWges If NotApproved:
A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community.
TotalAmountof $12,000
Transaction:
Fundiny source: Nuisance Housing
Financial {nformalion: Ab2fBR12fll
(Explain)
Cost/Revenue Budgeted: Y
Activib Number: 30251
� -� � ..
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nlU� G o �U06
June 9, 2006 f0:56PM Page 1
ot�- �� 1
CTTY OF SAI[�IT PAUL
Christopher B. Coleman. Mayor
7une 09, 2006
\EIGHBORHOOD HOUS1tiG AtiD
PROPERTY I�iPROVE�iENT
Bob Kessler. Directw
Nuisance Buitding Enjorcement
1600 l3�hite Bear Aro'e N
SaintPaul, �LGV i�l06
N4TICE OF PUBLIC HEARINGS
Councii President and
Members of the City Council
Tel: (6�1)266-1900
Frzr: (6.i1)166-19?6
Neighborhood Housing & Property Improvement , Vacant/Nuisance Buildings Enforcement
Division has requested the City Council schedule public hearin�s to consider a resolution
ordering the repair or removal of the nuisance buildin�(s) located at 2130 Lower St. Dennis
Road:
The City Council has scheduled the date of these hearin�s as follows:
Legislative Hearing - Tuesday, July 11, 2006
City Council Hearing — Wednesday, July 19, 2006
The owners and responsible parties of record aze:
Name and Last Known Address
663275 BC Ltd. c/o
Kim Belzberg
2136 Ford Parktivay �192
St. Pau1, NIN 55 1 1 6-1 863
The legal description of this property is:
Lot 74, Lane's Edgecumbe Hilis
Interest
Fee Owner
Councif Research Center
suN 212oos
AA-ADA-EEO Employer
bI��C�7(
2130 Lower St. Dennis Road
7une 09, 2006
Pa�e 2
IVeighborhood Housin� & Property Improvement has declared this buildin�(s) to constitute a
"nuisance" as defined by Le�islative Code, Chapter 4�. Nei�hborhood Housin� & Property
7mprovement has issued an order to the then known 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 compiied with the nuisance condition
remains unabated, the community continues to suffer the bli�htin� influence of this
property. It is the recommendation of the Neighborhood Housin� & Property
Improvement that the City Council pass a resolution orderin� the responsible parties to
either repair, or demolish and remove this building in a timely manner, and failing that,
authorize the Neighborhood Housing & Property Improvement to proceed to demolition
and removal, and to assess the costs incurred against the real estate as a special
assessment to be collected in the same manner as taxes.
Sincerely,
Steve Magner
Steve Ma�er
Vacant Buildings Supervisor
Neighborhood Housing & Property Improvement
SM:mI
cc: Frank Berg, Building Inspection and Desi�
Judy Hanson, City Attomeys Office
MaryErickson, Assistant Secretary to the Council
Laurie Kaplan, PED-Housing Division
a�R��
5. Resolution ordering the owner to remove or repair the building(s) at 2130 Lower St. Dennis ��
Road. If the owner fails to comply with the resolution, Neighborhood Housing and Property
Improvement is ordered to remove the building. (NI�I)
Mr. Magner stated the building was a one-story, stone/masonry, wood frame dwelling with an
attached four-stall, wood frame garage, on a lot of 153,767 square feet. The building had been
vacant since November 2, 2004 due to a fire in the roof. The property had received one
summary abatement at the property for boarding the side door. The vacant building fees had
been paid, however, a code compliance inspection had not been conducted. According to
Ramsey County Taxation, the real estate taxes on the properly were current. Ta7carion had
placed an estimated market value of $551,700 on the land and $243,000 on the building. The
estimated cost to repair the building was approximately $80,000 to $100,000. The estimated cost
to demolish the building was approximately $10,000 to $12,Q00. It was his opinion that this
boarded building was also an amacrive nuisance as it had been vacant for over 18 months with
blue tarps covering the roo£ He presented photographs of the property.
Kim Belzberg appeared on behalf of BC Ltd. She stated the fire occurred on November 1, 2004
and was not completely put out as it rekindled the next day, November 2, 2004, which took out
the rest of the entire roof. The insurance company had oniy offered $200,000 which resulted in
her hiring an independent appraiser and an attorney. She attended binding arbitration with the
insurance company in May and she was awarded $400,000 in settlement of her claim. The
insurance company, however, would still not disburse the funds. The estimated cost of the
repairs to the building was $600,000. Once she Irnew the estimated cost to do all of the
necessary repairs, she was either going to have the repairs made to the building or demolish and
rebuild on the property. She presented a timeline for the repairs to the building as well measures
for securing the property.
Amy Cralam, attorney with Gregerson, Rosow, Johnson & Nilan, Ltd. appeared on behalf of Ms.
Belzberg. She requested an additional 120 days to allow time to work with the insurance
company to obtain the settlement award and to obtain bids on the cost of the repairs to determine
whether a contractor would be hired to make the repairs or the building would be demolished.
Carl Hine, Trade Lose Builders, appeared and stated he had been retained as the contractar on
repairing the building. He would look at the house and provide an estimated bid for the repairs.
Ms. Moermond recommended allowing the owner one-hundred twenty (120) days to complete
the repairs provided the following conditions are met by noon on 7uly 19, 2006: 1) a code
compliance inspection is completed; 2) a$5,000 performance bond is posted; 3) a statement of
financial wherewithal is provided; and 4) a work plan from a qualified contractor is presented
outlining the necessary repairs.