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09-405ConncilFile# ��—L�QS Green Sheet # 3066315 RESOLUTION SAfNT PAUL, MINNESOTA Presented by � 1 WHEREAS, Depariment of Safety and Inspections has requested the City Council to 2 hold public hearings to consider the advisability and necessity of ordering the repair or wrecking 3 and removal of a two story, wood frame, single family dwelling and its single stall, wood frame, 4 detached garage located on property hereinafter referred to as the "Subj ect Property" and 5 commonly lrnown as 1195 BUSH AVENUE. This property is legally described as follows, to 6 wit: MESSERLI AND ESCHBACH'S ADDITION LOT 16 BLK 4 10 11 12 13 14 15 16 17 18 19 20 21 ?Z 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Department of Safety and Inspections on ar before September 22, 2008, the following are the now known interested ar responsible parties for the Subject Property: US Bank Nat Assoc Trustee, 10790, Rancho Bernardo Rd, San Diego, CA 92127; Usset, Weingarden & Liebo, 4500 Park Glen Rd, #120, Minneapolis, MN 55416; Lor & Ma; L,oe, 5286 Heath Ave N, Oakdale, MN 55128; Dayton's Bluff District 4 Community Council. WHEREAS, Department of Safety and Inspections 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 December 9, 2008; 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 January 8, 2009; 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 Deparhnent of Safety and Inspections requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, 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 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, March 24, 2009 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested �- �a.s 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 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 communily by demolishing and removing the structure in accordance with all applicable codes and ordinances. The demolition of the structure to be completed within fdteen (15) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, April 15, 2009 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 1195 BUSH AVENUE. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. 3. That the costs of demolition and removal of this building(s) is estimated to exceed five thousand dollars ($5,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subj ect Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible pazties to correct the deficiencies or to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. That Department of Safety and Inspections has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. 7. That this building has been routinely monitored by Department of Safety and Inspections, Vacant/Nuisance Buildings. 8. 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. •'� ' 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 welfare and remove its d�t- �ds 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 blighting influence on the community by demolishing and removing the structure in accordance with all applicable codes and ordinances. The demolition and removal of the structure must be completed within fdteen (15) days after the date of the Council Hearing. 2. If the above corrective action is not completed within this period of time Department of Safety and Inspections 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 Legislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property ar 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. 4. It is further 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 Deparhnent oE Adoption Certified by Council Secretary By: � Approved b' o: ate 2-L (i� By: L Safety and Inspections Code Enforcement / Vacant Buildings B Form Approved by City Attorney By: Form Approved by Mayor for Submission to Council By: Adopted by Council: Date ��js//�Oj � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � � DepartmentlOfficelCouncii: I Date Initiatetl: , D � �� s � _oe ; 23-JAN-09 Green Sheet NO: 3066315 Contact Person 8 Phone: Bob Kessler 266-9013 � �� Assign Number For i Routing j Order 0 Dent of Safetv & Insoectims � . Must Be on Council Agenda by (Date): 15-APR-09 Doc. Type: RESOLUTION E•Document Required: Y Document Contact: Contact Phone: Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: 1 Dep4 of Safetv & Inspections Deoar�ent Director ' 2 C,Sty AttorneY 3 illavor's Office MayodASSistant 4 Council 5 City Clerk ' City Clerk I City Council to pass this resolution which will order the owner(s) to remove the referenced building(s). If the owner fails to comply with the resolution, the Deparhnent of Safety and Inspections is ordered to remove the building. The subject property is located at ll 95 BUSH AVE . Recommendations: Approve (A) or Reject (R): Planning Commission CB Committee Civil Service Commission Personal Service Contrects Must Answer the Following Questions: 1 Has this personlfirm ever worked under a contract for this department? Yes No 2. Has this person/frm 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 alI yes answers on separate sheet and attach to green sheet. Initiating Problem, lssues, OppoAunity (Who, What, When, Where, Why): Tlus 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 Legislarive Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the builcling at 1195 BUSH AVE by January 8, 2009, and have failed to comply with those orders. Advantages If Approved: The City will eliminate a nuisance. Disadvantages If Approved: The City will spend funds to wreck and remove this building(s). These costs will be assessed to the properry, collected as a special assessment against the property ta�ces. A nuisance condition will remain unabated in the Ciry. This building(s) will continue to blight the community. Disadvantages If Not Approved: A nuisance condition will remain unabated in the City. This building(s) will cominue to blight the community. Total Amount of CostlRevenue Bud eted: Transaction: 9 Funding source: Nuisance Housing Abatement qct;v;ry Number: 001-00257 Financial I nformation: (Explain) March 25, 2009 1:55 PM Page 1 DEPAR7'ME7JTOFSAFEIYO p—�OSC,',�ONS Richa'd Lipper; Manager of Coae Fnfamement �IT`Y OF SAIN'I' PAL'L Chri�toaher B. Coleman, Mayor January 23, 2009 375JachonSveet.Sui[e220 Telephone;651-266-190p SuimPmel,MN55107-7806 Facsimile:651-166-1919 Web: wwwsromd.gav/dei NOTICE OF PITBLIC HEARINGS Council Pzesident and Members of the City Councii Depariment of Safety and Inspections, Vacant/Ntrisance Buildings Enforcement I7ivision has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal o£ the nuisance building(s) 3ocated at: 1195 BUSH AVE The City Council has scheduled the date of these hearings as follows: Legisiative Hearing—Tuesday, March 24, 2009 City Council Iiearing— Wednesday, Apri} 15, 2009 The owners and responsible parties of record aze: Name and Last Known Address US Bank NA 10790 Rancho Bemardo Rd San Diego, CA 42127 Usset, Weingarden & Liebo 4500 Pazk Glen Rd, #120 Minneapolis, MN 5541b Lor & Mai Loe 5286 Heath Ave N Oakdale, MN 55128 Interest Fee Owner and C of O Responsible Party Foreclosure Attorneys Interested Party Dayton's Bluff District 4 Community Council KarinCa�davtonsbluff. org District Council Contact Aa Affumative Action Equal Opportunity Employer II ' IF� I l95 BUSH AVE January 23, 2009 page 2 The legal description of this property is: MESSERLI APID ESCHBACH'S ABDITION LOT 16 BLK 4 The Departrnent of Safety and inspections has declazed this building{s} fo canstitute a"nuisance" as defined by I,egislative Code, Chapter 45. The Degartrnent of Safety and Inspections has issued an order to the then Irnown responsible parties to eliminate this nuisance condition by correcting the deficiencies or by razing and removing this building(s). The property was re-inspected on January 9, 2009. There was no compliance and the nuisance condirion remains unabated, the community continues to suffer the blighting influence of th:s property. It is tfie recommendation of the Depamnent of Safety and Inspections that the C?ty Council pass a resolution ordering the responsible paRies to either repair, or demolish and remove this building ia a timely manner, and failing that, authorize the Department of Safety and 7nspections to proceed to demolition and removal, and to assess the costs incucred against the real estate as a special assessment to be collected in the same manner as taxes. Sincerely, Steve Magner Steve Magner Vacant Buildings Manager Department of Safety and Inspections SM:nm cc: Chad 3tau1, City Attorneys Office Mary Erickson, Assistant Secretary to fhe Council Cindy Cazlson, PED-Housing I3ivision Nancy Fiomans, Invest St. Paul District Cauncil — Cammunity Organizer pubhmg60183 9/OS 09-405 SIIMMARY FOR PUBLIC HEARING 1195 Bush Avenue Legislative Hearing — Tuesday, March 24, 2009 City Council — Wednesday, April 15, 2009 The building is a two-story, wood-frame, single-family dwelling with a detached, one-stall gazage, on a lot of 5,227 square feet. According to our files, it has been a vacant building since November 6, 2007. The current properry owner is US Bank, NA, per AMANDA and Ramsey county property records. The city has had to board this building to secure it from trespass. There have been six (6) SUMMARY ABATEMENT NOTICES since 2007. There have been six (6) WORK ORDERS issued for: - Removal of tall grass and weeds - Removal of improperly stored refuse and misc debris - Boarding On November 24, 2008, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed and photographs were taken. An ORDER TC� ABATE A NUISANCE BUILDING was posted on December 9, 2008 with a compliance date of January 8, 2009. As of this date this property remains in a condition which comprises a nuisance as defined by the legislative code. The Vacant Building registration fees are paid. (Assessed 12/19/O8, Good thru 11/6/09.) TaYation has placed an estimated mazket value of $19,600 on the land and $100,000 on the building. As of Mazch 20, 2009, a Code Compliance inspection has not been completed. As of Mazch 20, 2009, the $5,000.00 performance bond has not been posted. Real Estate taxes are current. Code Enforcement Officers estimate the cost to repair this structure is $45,000 to $55,000. The estimated cost to Demolish is $8,621 to $11,621. DSI, Division of Code Enforcement Resolution submitted for consideration orders the prcperty owner to repair or remove this structure within fifteen (15) days, if not the resolution authorizes the Division of Code Enforcement to demolish and assess the costs to the property. Tax & Properiy Look Up Information - Structure Description 09-405 Home Site Map Tax & Property Look Up Information - Structure Description Page 1 of 2 Corttact Us Home_ ( � Info_r_mation � � Property_ Look_Up � � Record_ Look Up � � Contact Us New Propertv Search Back,tq_Search_ Resul�s Quick Info Property_I nform atio n Taxpaye_r Name_and Address Value Information Value Nistorv Structure Description Sale Information Soeciai Assessments Property Tax Payment Information Property Tax Payment History 2Q09 Pro�erty Tax Statem ent 20�9 Value Notice 2008_Prop�rt�Tax Statement Value Notice 2007 Propertv Tax Statement/Value Notice > Structure Description Property Identification Number (PIN) Property Address 28.29.22.44.0144 1195 Bush Ave St. Paul 55106-4001 Residential Property: Year Built 1892 # of Stories 1.50 Style One And 3/4 Story Exterior WaII Aluminum/vinyl Total Rooms 9 Total Family Rooms 1 Total Bedrooms 3 Full Baths 1 Half Baths 1 Attic Type Finished SQ Feet 1329 Foundation Size 852 Basement Area Finished Finished Rec Area Garage Type Detached Area (sq.ft.) 352 Parcel Size .12 Acres Parcel Width 40,00 Feet Parcel Depth 127.00 Feet Land Use Code 510 Land Use DescriQtion R- Single Family Dwelling, Platted Lot http://rrinfo.co.ramsey.mn.us/public/characteristic/Parcel.aspx?scrn=Dwelling&pin=28292... 3/20/2009 DEPARTMENT OF SAFETY AND INSPECTIONS Richard Leppert, Marsager of,CA�e Euf�cemxnt ., 11 9 411 CTTY OF SAINI' PAUL Christopher B Co(eman, Mayor 375 Jacksoa Street., Su�te 220 SaintPmd MN55701-f806 Telepnone.� 651-266-19D0 Facsimile: 657-266-1979 Web � www smaul Qo•��dsi December 09, 2008 US Bank NA 10790 Rancho Bemardo Rd San Diego CA 92127-7006 Usset, Weingarden & Liebo 4500 Park Glen Rd, #120 Minneapolis, MN 55416 Lor & Mai I,oe 5286 Heath Ave N Oakdale, MN 55128 Order to Abate Nuisance Building(s) Dear : Sir or Madam The Vacant/Nuisance Buildings Unit, Department of the Department of Safety and Inspections, Division of Code Enforcement, hereby declares the premises located ac: 1195 BUSH AVE and legally described as follows, to wit: MESSERLI AND ESCHBACH'S ADDITION LOT 16 BLK 4 to comprise a nuisance condition in violation of the 5aint Paul Legislative Code, �hapter 45.02, and subject to demolition under authority of Chapter 45.11. On November 24, 2008, a Building Deficiency Inspection Report was compiled and the following condirions were observed. This list of deficiencies is not necessarily all the deficiencies present at this tune. As first remedial action, a Code Compliance Inspection must be obtained from the BuIIding Inspection and Design Section, 8 Fourth Street East, Suite 200, Commerce Building (651)266-9090. That inspection will identify specific defects, necessary repairs and legal requirements to correct this nuisanee condition. You may also be required to post a five thousand dollar ($5,000.00) performanee bond with the Building Inspecfion and Design Office before any permits are issued, except for a demolition permit. AA-ADA-EEO Employer December 9, 2008 1195 BUSH AVE page 2 09-405 This buiiding(s) is subject to the restrictions of Saint Paul Ordinance Chapter 33.03 and shall not again be used for occupancy until such time as a Certificate of Compliance or a Certificate of Occupancy has been issued. This is a two story, wood frame, single family dwelling and its single stall, wood frame, detached garage. INTERIOR l. Mold 2. The bathroom floor covering is deteriorated or inadequate. Provide floor covering which is impervious to water and easily cleanable throughout the bathroom and seal around the edges and fixtures. FURNACE: Have a licensed heating contractor service and clean the furnace or boiler and make any necessary repairs. Perform a C/O test on the heating plant. Then, send the attached form back to the Inspector. Repair of gas fired appliances requires a permit. 4. G.F.C.I.: The bathroom is lacking an electrical G.F.C.I. outlet. Permit May Be Required. 5. The interior ceilings aze defecrive. Repaix all ceiling defects and finish in a professional manner. 6. The interior walls are defective. Repair all wa11 defects and finish in a professional manner. 7. 5moke Detectoz: Lack of properly installed and operable smoke detector. Provide functioning smoke detectors in accordance with the attached requirement, within 24 hours. 8. The chiu�ney is defective, deteriorated or in a state of disrepair. Replace all missing or defective bricks, tuckpoint as needed to restore the chimney to a professional state of maintenance and repair. Pernut may be required. 9. The exterior walls andlor trim of the house and/or garage has defective, peeled, flaked, scaled or chalking paint or has unpainted wood surfaces. Scrape and repaint to effect a sound condition in a professional manner. 10. Rotted porch floor boazds. As owner, agent or responsible parry, you aze hereby notified that if these deficiencies and the resulting nuisance condition is not coRected by January 8, 2009 the Departrnent of Safety and Inspections, Division of Code Enforcement, will begin a substantial abatement process to demolish and remove the building(s). The costs of this action, including adminislrarive costs December9,2008 1195 SUSH AVE page 3 09-405 and demolition costs will be assessed against the property taYes as a special assessment in accordance with law. As first remedial action, a Code Compliance Inspection Report must be obtained from the Building Inspection and Design Secrion, 375 Jackson Street, Suite 220, (651)266-9090. This inspection will identify specific defects, necessary repairs and legal requirements to cosect this nuisance condition If this building is located in a historic district or site (noted above, just below the property address) then you must contact Heritage Preservation (HPC) staff to discuss your proposal for the repairs required by this order and compliance with preservation guidelines. Copies of the guidelines and design review application and forms are available from the Department of Safety and Inspections web site (see letterhead} and from the F3PC staf£ No permits will be issued without HPC review and approval. HPC staff also can be reached by calling 651-266-9078. As an owner or responsible party, you aze required by law to provide full and complete disclosure of this "Order to Abate" to all interested parties, all present or subsequent renters and any subsequent owners. If you sell, transfer, or convey in any manner, the ownership or responsibility for this property, you must within seven (7) days, notify the Enforcement Officer with the names and addresses of any new owners or responsible parties. The En£orcement Officer is required by law to post a placard on this properry which declares it to be a"nuisance condition", subject to demolition and removal by the City. This placard sha11 not be removed without the written authority of the Department of Safety and Inspections, Division of Code Enforcement. The department is fuither required to file a copy of this "Order to Abate" with the City Clerk's Office. If corrective action is not taken within the time specified in this order, the Enforcement Officer will notify the City Council that abatement action is necessary. The City Clerk will then schedule dates for Public Hearings before the City Council at which time testimony will he heazd from interested parties. After this hearing the City Council will adopt a resolufion stating what action if any, it deems appropriate. If the resolution calls for abatement acflon the Council may either order the City to take the abatement action or fix a time within which this nuisance must be abated in accordance with the provisions of Chapter 33 of the Saint Paul Legislative Code and provide that if conective action is not taken within the specified rime, the City shall abate this nuisance. The costs of this acrion, ancluding admuristrative costs will be assessed against the property as a special assessment in accordance with law. Decetnber 9, 2008 i 19s atrsx avF 09-40� - � page 4 - If you have any questions or request additional information please contact Rich Singerhouse between the hours of 8:00 and 9:30 a.m. at 651-266-1945, or you may leave a voice mail message. Sincerely, Steve Magner Vacant Buildings Program Manager Division of Code Enforcement cc: Mary Erickson - Council Research Cindy Cazlson - PED Housing Amy Spong — Heritage Preservation ota60135 l2/08 I 1 � �� BID TABITLATION FOR: Q-27517-6 DEMO OF: 1195 BUSH AVE DSI BUYER: CLIEFORD MOORE BID OPENIlVG DATE: 7ANLJARY 28, 2009 uelow Excavating OI]Il $llCIOW 51-436-5326 $ 7 152.00 �ve 5ervices �chazd Kos - 70-0321 $ 11 . 0 airways Bldrs ill Cody 63-262-9531 $ 8 900.00 rattalone Co ick Frattalone 51-4840448 $ 20 600.00 awkins Tree ike Hawkins 52-445-1511 $ 8 121.00 C' ��... I ,.- . -..- '� • ;nl . . � , � s 1 yco Exc ory Matter 12-619-148'7 $ 10 990.00 emple Excavating Wercinski 51-772-1449 $ 12 000.00 ._ . �� ... :.r . � . . 11 '� : :1� I 1: � ; � � Kamish rad Ensrude 57-3600 $ 14 340.00 bid/O1/29/09/CM/bm W D � � � � � a � " a O O N � N .C' u s. c�i � � b � � H b��9 .� � x .� � .� � � 0 0 N � �--i .� � � 'C q d ^O � � b�0 .� � x U � � U Q aW m � � �� c � � 09-40�5 O�/� N N N I I � N � � r � �z ° � � N W �j � ti az�� oo�a x � � � � � a �zr� o o� o� o� o , .aoE-� ca3� c,�� aa3� cat ? f n�. `�A � M M M M M M M I ay I W A Q � hr �j a W U p � ai ra � '� W e� W � � ~ W � o �-- d U�a � � -� F y � Ey °� Q` � 0 0 LTa � W N N U��' � ; V� �' F p � .��. �W N H A � � ' F� � y M � F 'd l � a � 7 V O r� W �❑ N � � 00 R. �"" L. ^ � b � �' V r z W �� 'O�� a�v� Q �.9 �a �U ��. °�� o , ¢ � a ,, j w z�� °'�° �� ' pA cC �' N N :.� 3 �a�°�1 �a � �x' o � � � � � �o.� �.� � � o•� ��, �� L1U'� 0 a = ° � a Date: November I8, 2008 HP District: 09-405 '' File #: 07 - 193295 Property Name: �'older Name: 1195 BUSH AVE Survey Info: IN: 282922440144 Date: November 18, 2008 HP District: �9-4�$ File #: 07 - 193295 Property Name: Folder Name: 1195 BUSH AVE Survey Info: PIN: 282922440144 Date: November 19, 2008 HP District: 09-4Og ' File #: 07 - 193295 Property Name: Folder Name: 1195 BUSH AVE Survey Info: IN: 282922440144 Date: November 19, 2008 � nsstri�: 09-405 File #: 07 - 193295 Property Name: Folder Name: 1145 BUSH AVE Snrvey Info: PIN: 282922440144 �, ,� �. ! s�"``� �_"' .� ��s� �� . *� .,aw � � k.,�ss�� . � � � � � �-. �� ..�: � x � � � ,_,s' c�� y � �,�� : 7 a y i,• ' `�,� - :� �� „ � -�� ¢; � �� ^z'g: � t . - 3 y.�"G�.c+r" �„-+9K`€.r �{ � �'`_; .a. ^s� � ,+4 � �" � � "�v�-v.. 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",', '�._, �, suuv, .. r. ��ie"1+ ...u` . � w n, ' � �� 't .3� c � �'L �`'`� �`m , .4�':°, 3«�'.�, ss wx#* �" ' � ..:. ,�„ �u."", x "s .: � :� �' � w r � ` � f ,�+ �'3 u+n �# � ` �.. z�, �r �� ,. i'�'tW � 4 � $3 r 3 f tl � � � ..«„ '"{�.'"4'�i.,....� ,�+�- W�' SY.XN£' � ��.;�; „ ��, m� e s�'. �S"�i. —�� . E ' _ -7 � C't(�[ J k � "'�f . � �� 1 �, � A +��',3" t _ s� �� x ' a �� i 'n l � Y v � P�*,�t �� `, ', � } �� t � �- �.., : u '� �.. a � e ss' � c ��, g T�� . � � TM � �y ,," �;.v y ,' Mazch 24, 2009 Legislative Hearing �g_��g Page 9 7. Ordering the owner to remove or repair the building(s) at 1195 Bush Avenue within fifteen (15) days from adoption of resolution. Timothy Keliey, attorney with Leonard, Street & Deinazd, appeared on behalf of the property owner, US Bank NA. No other parties of interest appeazed. Ms. Moermond asked for a report from Mr. Magner. Mr. Magner stated the building was a two- story, wood frame, single-family dweiling with a detached one-stall garage on a lot of 5,227 squaze feet and had been vacant since November 6, 2007. A code compliance inspection had not been done, the vacant building registrarion fees in the amount of $1,000 were paid by assessment on December 19, 2008, and the $5,000 perfarmance bond had not been posted. On November 24, 2008, an inspection of the building was done and a list of deficiencies which constitute a nuisance condition was developed. An order to abate a nuisance building was posted on December 9, 2008 with a compliance date of January 8, 2009. To date, the properiy remained in a con�itior which comprised a nuisance as defined by the Legislative Code. Ramsey County Tasation esrimated the market value of the land to be approximately $19,600 and the building to be $100,000. Real estate taxes were current. Code Enforcement esrimates the cost to repair the building to be approximately $45,000 to $55,000. The cost for demolition was estimated to be approxnnately $8,621 to $11,621. There had also been six summary abatements issued to this property since 2007, six of which went to work order: to secure the building and the City had to board the building to secure it from trespass, remove improperly stored refuse and debris, boazding, and cut tall grass and weeds. Code Enforcement recommends the building be repaired or removed within 15 days. Mr. Magner presented photographs of the property. __ Ms. Moermond asked for a'report from Ms. Spong. Ms. Spong stated that this building did not have � an index card; however, she believed it was constructed around 1892 and was a worker's cottage- style building. She noted that there was a loss of integrity and although it had not been surveyed, it was not eligible for designation. The block face was contiguous and she waivered between recoxnmending demolirion or encouraging rehab. � Mr. Kelley stated that he had talked to Cindy Carlson about deeding this property to the HRA and was not sure where it was in the process. Ms. Moermond stated that she could not find a reason to delay the order to abate the nuisance as the property was not being maintained, a code compliance inspection had not been done, the bond had not been posted, and the vacant building fees had gone to assessment. She recommended the building be removed within 15 days with no option for repair. 09-405 - »> "Kelley, Timothy" <timothv.kelleyCalleonard com> 4/13/2009 2:50 PM »> Ms. Moermond: Thank you for your time on the telephone today. We discussed two properties: (1) 938 DeSoto and (2) 1195 Bush Avenue. As you know, I have been discussing a potential donation of both properties to the HRA with Gndy Carison. For the 1195 Bush Avenue property, the HRA suppiied me with a draft of the donation agreement and I provided the HRA with my comments. I am waiting to hear back from the HRA. If and when we agree upon a donation agreement with the HRA for 1195 Bush Avenue, I expect that the agreements for other properties will look similar and that the length of negotiations will be significantly shortened. Due to the status of the negotiations, I understand that you agreed it was not necessanr for someone from my o�ce or me to attend the hearing on 938 DeSoto scheduled tomorro�v morning in front of you. In addition, the City Council will consider a motion at its Aprii 15, 2009, meeting, to order the demolition of the property located at 1195 Bush Avenue. I know your recommendation will be that City Council should order the property be demolished. As you discussed with Cindy Carison, the HRA will agree to assume all of the wsts of demolition in the donation agreement for 1195 Bush Avenue. Ms. Carlson called you on Friday, April 10, 2009 and updated you on the status of the negotiations. I understand you will be at the City Council hearing on April 15, 2009, and that you will inform the City Council of the HRA's indication that it will assume the cost of the demolition. As we discussed, based on your recommendation to demolish the property and the HRA's commitment to assume the costs of demolition, I do not plan on attending the City Council hearing. My client's goal is to complete the donation agreement with the HRA as soon as possible. My office will continue to work diligently wiCh Ms. Carison to complete the donation agreement. If you would like someone to attend the meeting on Wednesday to discuss the status of the negotiations with the HRA, please let me know and I wili attend. If you have any questions, please feel free to contact me. Thank you. Tim Timothy M. Kelley Attorney 612-335-1458 timothv.kellevCc com Leonard, Street and Deinard A Professional Association 150 South Fifth Street Suite 2300 Minneapolis, Minnesota 55402 www.LEONARD.COM <http://www.leonard com!> 09-405 »> Marcia Moermond 4/13/Z009 5:18 PM »> Mr. Kelley: Thank you for summarizing and sending the email. I have a couple of things to amend. I believe we discussed 301 Sturgis and 1195 Bush, and not 938 DeSoto. {938 DeSoto is on for its first Legislative Hearing 5/6/09, but I don't think we discussed it today.) About 1195 Bush: my recommendation is that the building be removed. I believe that your clienYs intention is to donate the property to the HRA. So the only question left in the batance from my perspective is who will pay for the building's removal. I can certainly (and plan to) inform the Council that the HRA is discussing with you the donation of the property. However, I cannot say that the HRA will assume the costs, as you indicated in you email. This was simply my impression from Cindy Carlson as to how this would likely proceed. There are other possibilities, and I think it would not be appropriate for me to surmise how this would proceed in terms of potential payments or reimbursements. From my perspective, payment for the removal of the building doesn't change the nature of the nuisance abatement discussion for the Council, as this is an enforcement discussion. About your attendance, I cannot advise you one way or the other. However, I think there is general agreement that the building should be removed, and that is the question in front of the Council. I expect your testimony would reinforce the recommendation and possibly provide commentary on the donation and cost of demolition. I understood that my i�forming the Council of the intended donation was (likely) sufficient. If you are unsure, or wish to monitor for any unplanned-for questions from the Council, you may wish to attend. I would hate for a circumstance to arise where the Council chose to do something different than my recommendation, only to have it be something you would have wanted the opportunity to testify about, but didn't, because of a conversation with me. And while I can teli you that I don't anticipate that, it is always a possibility. About 301 Sturgis, I believe I understood you to say that this property is also to be donated to the HRA, and that those conversations had been taking place since January. At the 1/27/09 hearing you indicated that your client wanted to get it into the hands of someone who could do the work. I referred this case to both to the Heritage Preservation Commission (HPC) and the West 7th/Fort Road Federation (the local CDC) to get their input. Given that the building was built in 1868 and that the exterior modifications have been more cosmetic than anything, the HPC wants the building saved. Staff at the W 7th Federation would be willing to either fix it or knock it down once they get feedback from their board. If it's on its way to a neighborhood nonprofit CDC, the HRA is the usual intermediary. Given that the building's ultimate disposition is in flux I think I need to do 2 things, neither of which require attendance by you or your firm at the hearing tomorrow. The first thing I need to do is to see if I can expedite the donation process with the HRA. I do not want to leave an order to remove/repair a nuisance building hanging out there without a conclusion. The second thing I need to do is ensure that a conclusion is reached in a timely fashion by the HRA/W 7th Federation as to how and when they wili be abating the nuisance either through rehabilitation or demolition. I hope these comments help. Please do not hesitate to cail or email if you have other comments or questions. -Marcia Marcia Moermond, Legislative Hearing Officer Saint Paul City Council