06-836Council File # �—��
Green Sheet #�' � c�a��
RESOLUTION
PAUL, MINNESOTA
Presented by
Resolution Establishing a Stay in Implementation of Council File #06-281
An Order to Remove or Repair 52 %ing Street
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i WHEREAS, the Saint Paul City Council adopted Council File #06-281 on March 15, 2006, an Order to
z Remove or Repair the buildings at 52 King Street within 30 days; and
a WHEREAS, Matt O'Hara of Saint Paul secured a purchase agreement and seeks to rehabilitate the
s property.
� NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby grants a stay in the
s impiementation of Council File #06-281 pending the outcome of a legislative hearing where Mr. O'Hara
9 needs to demonstrate the following: 1) code compliance inspection report has been completed; 2) vacant
io building fees are paid and cunent; 3) a$5,000 performance bond is posted; 4) a work plan addressing the
ii scope ofthe repairs listed in the compliance report is prepared and approved; and 5) a financial plan is
iz prepared and approved indicating the financial wherewithal to complete the rehabilitation; and
13
ia RESOLVED, the Legislative Hearing was held on August 22, 2006 and City Council public hearing
is September 6, 2006.
16
Yeas Nays Absent
Benanav �
Bostrom �/
Harris ,/
Helgen ,/
Lantry ✓
Montgomer �
Y
Thune �/
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Requested by Department of:
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Form Approved by City Attorney
By:
Adopted by Council: Date �/�-�/o ���nciled by Mayor for Submission to
Adoption Certified by Council Secretary
By:
By:
Approved by i ayor:Dat
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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DeparimeM(officelcouncil:
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� Confact Person 8 Phone:
Marcia Mcertnaid
i 6$570
Must Be on CouncilAaen�
Doc. Type: RESOLUTION
E-DocumentRequired: N
DocumentContact:
ContactPhone:
Date Mitiat
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/155ign
Number
For
Routing
Order
Green Sheet NO: 3032297
Deuartrnent
0 ',Conncil � i
1 nca7 I D n rmie t D'vector
2 lerk Ci Cler
3
4
5
Tofal # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Resolurion establishing a stay in unplementa[ion of C.F. 06-281, an Order to remove or repair 52 King Street.
Recommendations: Appro�e (A) or Reject
Planning Commission
CIB Committee
CiHI Service Commission
1. Has this person/firtn e�erworked undera contract forthis departmeM?
Yes No
2. Has this personlfirtn e�er been a city employee?
Yes No
3. Does this person/firtn possess a skill not rrortnally possessed by any
cutrent city employee?
Yes No
Ezplain all yes answers on separete sheet and attach to green sheet
Initiating Problem, lssues, Opportunity (Who, Whak When, Where, Why):
Advantages IfApproved:
DisadvantaAes If Approved:
Disadvan Wges If Not Approved:
Total Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
Activity Number:
CostlRevenue Budgeted:
Mswerthe Following Questions:
r
9DOZ � � 9�'/
August 22, 2006 3:05 PM Page 1
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NSINUTES OF THE LEGISLATIVE HEARING
ORDERS TO REMOVE/REPAIR, CONDEMNATION5, ABATEMENT ASSESSMENTS,
ABATEMENT ORDERS, RENTAL REVOCATION CERTIFICATES
Tuesday, August 22, 2006
Room 330 City Hall, 15 Kellogg Blvd. West
Marcia Moermond, Legislative Hearing Officer
The hearing was called to order at 10:00 a.m.
STAFF PRESENT: Steve Magner, Neighborhood Housing and Property Improvement (NHPI);
Harold Robinson,lVIIPI; Paula Seely, NHPI; Matt Dornfeld, NHPI; and Jackie Girling, NHPI
Laid over summary abatement:
J0606B Boarding up at 1187 Payne Avenue
Mr. Robinson stated this was a referral from Fire on a vacant building as the C of O had been revoked
and the west side of the properry needed to be boarded. The property became vacant in April, 2004
and the vacant building fees were due in the amount of $250 far 2004, $375 for 2005 and $500 far
2006. Five summary abatements had also been issued since the property became vacant which were
for cleaning up the yard and tall grass and weeds.
Adewale Adeshina, property owner, asked how he could enter the building if it was boarded. Mr.
Robinson said he still had access to the building by other means. Mr. Adeshina claimed he had tried
calling the Fire Marshal to schedule an inspection of the property, however, he could never reach
anyone in the office.
Ms. Moermond recommended approving the assessment and told the properiy owner he needed to pay
the vacant building fees for 2004, 2005 and 2006. Ms. Moermond also recommended to the owner that
he re-instate his C of O and schedule an inspection with Pat Fish.
J0608A Property cleanup at 889 East Sixth Street
Raymond Pochardt, property owner, stated he had knee surgery on May 2, 2006 and had not been
living at the property and he also had not received the notice to clean up the property. He had
purchased the properry in March and previously had lived in Burnsville.
Ms. Moermond asked who the notice was mailed to. Mr. Robinson stated it had been mailed to Peter
McCarty.
Ms. Moermond recommended delering the assessment since the owner did not receive proper legal
notice.
� 2. Considering a stay in implementation of Council File 06-281 for 52 King Street.
Matt O'Hara, property owner, presented a copy of the title to the property to provide proof that he was
the legal owner. He also presented pictures of 45 Baker Street which he was nearing completion of
rehabilitating the property. He had a code compliance inspecrion done on 52 King and had the list of
August 22, 200b Legislative Hearing
(��'��J�O
Page 2
deficiencies which needed to be repaired. It was his intention to complete the rehab at 45 Baker and
then begin working on 52 King Street.
Ms. Moermond recommended granting the owner one hundred-eighty (180) days provided the
following is completed by September 6, 2006: 1) the $5,000 performance bond is posted; 2) a work
plan with timelines is provided; and 3) provide proof of financial wherewithal to complete the repairs.
3. Appeal of Lawrence Marcus to a Registered Vacant Building Notice for property at 383
Goodhue Street. (NHPI)
Mr. Magner stated in 7uly, 2004, a preliminary file was opened on this property and the owner was
instructed to paint the exterior of the house along with other maintenance issues which needed to be
addressed. The owner requested additional time to paint the exterior and was granted an extension to
July, 2005. The property was re-inspected and the work had not been done. A correction notice was
issued to paint the house and the shed and to tuck point the joinst and trim He was given an extension
to July 15, 2005 and the wark was still not completed. At that time, it was decided to re-classify this
properiy as a category 2 vacant building.
Lawrence Marcus, properiy owner, stated this was a historic building which he did not live in,
however, he did use the building as sort of a"clubhouse" so he does not consider the building vacant.
He had scraped the building and had plans to paint as well as re-roof the house. He planned to redo the
stonework on the house next spring as he did not have the financial ability nar the time to do this
project this year. He did not want the building to be considered vacant as he feared break-ins and
receiving calls from realtors asking him to sell the property. He requested additional time to bring the
building into compliance.
Mr. Magner stated this had started out as a preliminary file and was changed to a category 2 registered
vacant building because of the failure to address the multiple code violations. He suggested it could be
returned to a preliminary file if an agreement with the owner could be reached.
Ms. Moermond stated she had concern with the xnultiple code violarions and since it was considered a
historic building, it was her desire to talk with the historic preservation folks on their recommendation.
After the hearing was over, Ms. Mcermond recommended granting the appeal rehuning the file to a
preliminary file with an extension to complete the repairs by September 6, 2007.
4. Appeal of John A. Lampland to a Vacant Building Registration Notice for property at 737
Ridge Street. (NFIPI)
Mr. Magner stated this was a two story wood frame structure with exterior maintenance issues.
Several summary abatement orders had been issued for abandoned vehicles on the property as well as
maintenance issues concerning the yard. The owner failed to make the corrections to the property and
a criminal citation was issued for exterior maintenance issues. The case was tried with David Palm
prosecuting from the City Attorney's Office. The judge in the case gave Mr. Lampland until June 14,
2006 to bring the property into compliance and the owner has failed to do so. There have been several
complaints from the neighbors that the building is not occupied. He had checked with Xcel on the
energy usage and found there was little or no usage at this property. Since the owner failed to bring
the property into compliance in conjunction with the court order, he opened a vacant building file.
Currently, the house needed to be scraped and painted, as well as a broken window which needed to be
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Council File #
Green Sheef # .�(J ���
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Presented by
�ishing ¢ Stay in Implementation of Council File #06-281
An Order to Remove or Repair 52%ing Street
1 WEIEREAS, the Saint Paul City Council adopted Council File #�6-281 on March 15, 2006, an Order to
2 Remove or Repair the buildings at 52 King Stteet within 30 days; and
3
4 WI�REAS, Matt O'Haza of Saint Paul secwed a purchase agreement and seeks to rehabilitate the property;
5 now, therefore be it
7 RESOLVED, that the City Council hereby grants a stay in the imp]ementation of Counci] File #06-281
8 pending the outcome of a legislative heazing where Mr. Nelson needs to demonstrate the following: I) code
9 compliance inspection report has been completed; 2) vacant building fees aze paid and current; 3) any due and
10 owing real estate taxes aze paid; 4) a work plan addressing the scope of the repairs listed in the compliance
t 1 report is prepazed and approved; and 5) a financial plan is prepared and approved indicating the financial
�2 where-with-all to complete the rehabilitation; and
13
14 RESOLVEA, the legislative heazing is scheduled for August 15, 2006 and City Council public hearing
15 September 6, 2006.
16
Yeas Nays Absent
Benanav
Bostrom
Harris
Helgen
Lanhy
Montgomery
Thune
Adopted by Council: Date
Adoption Certified 6y Council Secretary
By:
Approved by Mayor: Date
By:
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Form Approved by CiTy Attomey
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Approved by Mayor for Submission to Counci]
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Requested by Departrnent of:
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A M E N D E D
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Councii File #D�
Green Sheet # 3 � q
Committee: Date
WE�REAS, Neighborhood Housing & Properiy Improvement has requested the City Council to
hold public hearings to consider the advisability and necessity of ordering the repair or wrecldng and
removal of a two-story, wood frame and masonry, single family dweliing and wood frame ntiiity
shed located on properry hereinafter referred to as the "Subject Properly" and commonly irnown as 52
T{ing Streef East. This property is legally described as follows, to wif:
Wesf 35 feet of Lot 8 and West 45 feet of Lots 9 and 10, Block 113, West St PauL
WIIEREAS, based upon the records in the Ramsey County Recorder's Office and information
obtained by Neighborhood Housing & Properiy Improvement on ot before May 31, 2005 , the following
are the now known intezested or responsible parties for fhe Subject Property: Lehman Brothers Bank
HSB, Aurora Loan Service, I0350 Park Meadows Drive, Littletoa, CO 80124; Manreen
Breckman,1057 Portland Avenue, S� Paul, NIN SSI04701i; Sean Breck�nan, I850 Eagle �tidge
Drive #208, Mendota Heights, MN 55118-4256; Lise Lachance, 66 King St. East, SL Paul, MN
55107-2924
WE3EREAS, Neighborhood Housing & Properiy Improvement has served in accordance with the
provisiotts of Chapter 45 of the Saint PauT Legislative Code an order idenfified as an"Order to Abate
Nuisance Building(s}" dated November 22, 2045 ; and
WF3EREAS, this order informed the then known interested or responsible pazties fhat the
shucture located on the Subject Properly is a nuisance building(s) pursuant to Chapter 45; and
WI-iEY2EAS, this order informed the interested or responsible parties that tl�ey must repair or
demolish the sfructvre located on the Subject Property by Deeember 22, 2005 ; aad
WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this
building(s) fo constitute a auisance condition; subject to demolition; and
WEiEREAS, this nuisance condition has not been corrected and Neighborhood $ousiag &
' Property Improvement requested that the City Cierk schedule public hearings before the I,egislative
Aearing Officer of the City Council and the Saint Paul Cify Council; and
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WHEREAS, i3ie interested and responsible parties bave been served notice in accordance with
tha provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of
the public hearings; and
WF3E1ZEA5, a hearing was heId before the Le�slative Hee��g Of&cer of the Saint Paul City
Council on Taesday, Febrnary 28, 2005 to hear testimony and evidence, and after receiving testimouy
and evidence, made the recommendation to approve the request to order the interested or responsi�bie
garties to make the Subject Property safe and not detrimental to the public peace, health, safety aud
weIfaze and remove its blighting influence on the community by rehabilitating tfiis structure in
accordance with all applicable codes and ordinances, or in the altemaiive by demolishing and removing
tfie staucture in accordance wifli at1 appIicable codes and ordinazices. The rehabiIitafion or demofifion of
the sizucture to be completed within �i€teea-(�Sj days after the date of the Council Hearing; aad
thirty (3D)
WfiER.EAS, a hearing was held before the SainY Paul City Council on Wednesday, March 15,
2006, and tfie testimony and evidence including the action taken by the I,egislative Hearing Officer was
considered by the Council; ttow therefore
BE TI' ItESOL'VED, that based upon the testimony and evidence presented at the above
referenced public hearings, the Saint Pau1 City Council hereby adopts the following Findings and Order
concerning the 3ubject Properiy at 52 King Street East :
That the Subject Property comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chagter 45.
2. That the costs of demolition and removal of this building(s) is estimated to exceed three
thousand dollars {$3,000.00).
3. That there now exisTS and has e�sted mulfiple FIovsing or Building code violatzons a2 the
Subj�t Property.
4. That an Order to Abate I3uisance Building(s) was sent to the then known responsible
parties to conect fhe deficiencies or to demolish and remove the building(s).
5. That the deficiencies causing this nuisance condi€ion 2tave not been cotrected.
6. That Neighborhood Housing & Property Improvement has posted a placazd on the
Subject Properiy which declazes it to be a nuisance condition subject to demolition.
Tl�at this building has been routinely monitored by Neighborhood Housing & Property
knprovement, Vacant/Nuisance BuiIdings.
8. That the l�own interested parties and owners aze as previously sfated in this resoIution
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:
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I. The above referenced interested or zesponsz'ble parties shail make the Subject Property safe aud
not detri,,,e.n±a1 to the pubIic peace, health, saiety and welfare and remove its blighting influence
on the comwunity by rehabilitating this siruchtre and coaecting all deficiencies as prescnbed in
the above referenced Ocder fi� Ahate Nuisance Building(s) in accordance with alI applicahle
codes and ordiaauces, ar in the altemative by demolishing and removing the structure in
accordance with all applicable codes and ordinances. The rehabilitation or demolition and
removal of the s�uct�se must be completed within�fifteaa f is) days after the date of the Counci]
$�ng, thirty (30)
2. If the above conective action is not compieted withiu this period of time Neighborhood Housing
& Froperty Improvement is hereby authorized to take whatever steps aze necessary to demolish
and remove tlris structure, fill the s9te and chazge the costs incurred against the Subjecf Property
pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code.
In the event the building is to be demolished and remaved by tke City of Saint Pau1, 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 groperty is not removed, it shall be considered to be abandoned and the City of Saint
Paul shall remove and dispose of such properiy as provided by law.
4. It is fnrther 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
Requested by Depaxtment oY:
Neighborhood Housing & Prope Improvemeat
AdoptedbyCouncit: Date ��//� /taj]O
Adoptioa Certified by Covncil Secretazy
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CITY OP SAL\rI' PAUL
ChristopherB. Cofeman, Mayor
February 3, 20Q6
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ti'EIGHBORHOOD HOi:SL�G A.�D
PROPERTYL4SPIZOVE�LE\? ���Z�t
Bob Kessler, Directvr
i�uiscnce Builrling Enforcement
1600 T%7�ite Bear,4ve N Te1: (65I) 266-1900
Saint Paut, Nf.� »I D6 Fa.c (6i1} 266-1436
NOTICE OF PUBLIC HEARINGS
Conncil President and
Members of the City Council
Neighborhood Housin� & Property Tmprovement , VacantNnisance Buildings Enforcement
Division has reguested the Ciry Council schedule public hearin�s fo consider a resotuYion
ordering the repair ar removal of the nuisance building located at 52 King Street East:
The City Council has scheduled the date of these hearings as £ollows:
Legisiative Hearing - Tuesday, February 28, 2006
City Cauncil Hearing — Wednesday, March 15, 2006
The owners and responsible parties of record aze:
Name and Last Known Address
LeY�man Brothers Bank FSB
Aurora Loan Service
10350 Park Meadows Drive
Littleton, CO 80124
C. - , : - ..w'"'�S7
1850 Eagle Ridge Drive #208
Mendota Heights, Mi�z 55 1 1 8-4256
Maureen Breclanan
1057 Portland Avenue
St. Panl, MN 55104-7fl11
Lise Lachance
66 King St. East
St. PauI, MN SSI07-2924
InCerest
Mortgage Holder
Fee Owner
Fee Qwner
New Ehvner
AA-ADA-EEO Employei
d(�-g3(�
52 Kircg Street East
February 3, 2006
Pa�e 2
The le�al descriprion of this property is:
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West 35 feet of Lot 8 and �Z'est �5 feet of Lats 9 and 10, Block 113, �Vest St.
Paul.
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
condirion remains unabated, the community continues to suffer the blighting
influence of this property. It is the recommendation of the Neighborhood
Housing & Property Improvement that the City Council pass a resolution
ordering the responsible parties to either repair, or demolish and remove this
building in a dmely manner, and failing that, authorize the I�Teighborhood
Housing & Praperty 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 �Iagner
Steve Magner
Vacant Buildings Supervisor
Neighborhood Housing & Property Improvement
SM:ml
cc: Frank Berg, Building Inspection and Design
Judy Harison, City Attorneys Office
MaryErickson, Assistant Secretary to the Council
Laurie Kaplan, PED-Housing Division
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LEGISLATTVE HEARiNCT MIIQUI'ES QF FEBRUAR'Y 28, 2Q06
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Page &
One of the requirements is to set up an appointment with Tim Seeger (License, Inspections,
Env�onmental Protection}, and the issue of a bond wonld have to be taken care of before a permit
can be pulled.
Ms. Moermond asked when The work order was issue. Mr. Magner responded it was a Szmmmary
Abatement and thax was in I3ovember 2005. On t3ie reinspect€on, 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 aftorney. Mr. Golden aesponded no.
Ms. Maermond stated fhat there is no question that this is a nuisance. This is what needs to
bappen: 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 $5,000. It will be returned upon
completion if it is done within the timeIine the City gives the owner. A building permit can be
extended if he is at the halfway mazk. 3) Vacant building fees aze due by the time tlris goes #o City
Council on March 15. 4} A work plan is needed so that Ms. Moermond has assurance that the
owner has talked to contractors, understands permits need io be pulled, eta She is looking for
general statements of when contractors will be coming to do the work. 5) 5he needs to see tUat
the owner has fhe ability to pay that contractar. The owner has about two weeks to pull the plans
togefher. The fust thing is to taIk to Mr. Seeger.
Mr. Golden stated the insurance company has it listerl out what needs to be done.
In summazy, Ms. Moermond is recommends granting the owner 180 days to complete the
rehabilitauon of the property on condition that the foilowing is done by March 10: 1) Acquire a
new Cade Compliance Inspervtion, 2) Post a$S,OOfl perfonnaucs bond, 3} Pay the Vacant Buikling
fees, 4) Submit a work plan indicating when alI the items on the Code Compliaace Inspeclion
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 comptiance.
`� Resoinfion ordering the owner to remove or repair the building(s) at 52 KinQ Street East. If
the owner fails to comply with the resalution, Neighborhood Hoasing and Progeriy
Improvement is ordered ta remove the building(s).
Steve Magner gave the foflocving staff report. This is a hvo-story properEy thai has been vacant
since 2-10-05. There is some confusion about the ownership. The properry was originally
purchased by Sean and his father Paul Breckman. Paul Breckman and Maureen $recl�an were at
one time married and owned a number of properties in the City. There ma�riage was dissolved.
Accorr3ing ta the divarce decree, tYris property was fo be said. Qn i 1-i'7-05, an inspection of the
buiiding was conducted, a fist of deficiencies wlvch coastitute a nuisance condition was
developed, and photogtaphs were taken. An Or3er to Abate a Nuisance Building was issued on
I1-22-QS with a compliance date of 12-22-Q5. As of tlus date, this property remains in a condition
which comprises a nuisance as defined by the legislative code. The Vacaut Buiiding Registration
Rees are paid. Ta�cation has placed an estimated market value of $44,000 and the land and
$95,000 on the building. As of 2-28-06, a Code Compfiance Tnspection has been completed and a
� )�' ���l�t'
V
LEGTSi.ATNE F�ARLNG MINLTTES OF REBRUARY 28, 2006 Page 9
bond has been posted. Inspectots estimate the repairs are between $80,000 to $85,D40 and
demolition betcveen $8,000 and $9,000. Mr. Magner is perplexed that no one showe@ np today.
Ms. Moermond asked have any Summary Abatement Orders gone to work orders. NI�. Magner
respoaded they have been issued on a majority of the Svmmary Abatement Orders. From May
2005 to December 2005, they were at the properiy approximately 25 times and issued numerous
work orders for boarding, euttiug the grass, and cleaning the yard.
From look'sng at fhe photographs, Ms. Moermond sYated the boiler is rigged.
Ms. Meormond recommends laying aver to the March 7 Legislative Hearing.
The hearing was adjourned aT 11:44 a.m.
rrti
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-r�', ,` CITY OF SAINT PAUL
Ttixs3�;33t7
��' OFFICE OF THE CITY COUNCIL
\_
August 15, 2006
Matt O'Hara
45 Baker Street East
St Paul MN 55107
Re: 52 King Street
Dear Mr. O'Hara:
Marcia Moermond, the Legislative Hearing Officer, has scheduled a Legislative Hearing for the
above property far Tuesday, August 22, 2006 at 10:00 a.m. in Room 330, City Hall. Ms.
Moermond is also requesting that you provide a copy of the title to your property. You may
either mail or faY this information priar to the hearing if you so desire. The faY number is 651-
266-8574 and you may send it to my attention, Vicki.
Please feel free to contact me at 651-266-8561 if you have any questions or concerns.
Sincerely,
U �
Vicki Sheffer, Se��
Legislative Hearing Officer
CITY HAI,L THIl2D FLOOR 15 WEST KELLOGG BOULEVARD SAINT PAUL, MINNESOTA 55102-1615
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AA-ADA-EEO Employer