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02-1188Council Fi1e # �a � ��e Ordinance # Green sheet a 2 o O� 3 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date �s An ordinance amending the interim ordinance adopted 07-18-01 in Council File No. 01-648, which imposed a moratorium on the use of property in the area presently under study for the Arcade Street Area Study pending complerion of the study and any possible amendments to the City's Comprehensive Plan or Zoning Ordinance deemed necessary to give effect to the study. This Council of the City of Saint Paul does ordain: Secrion 1 That Secrion 3 of C.F. No. O1-648 be amended to read: Moratorium imposed; lands affected. exce tu ion: Pending completion of the said study and any other necessary studies or study recommendations, and the adopfion of any amendments to the comprehensive plan and zoning code based upon the study or studies as provided under Minn. Stat. § 462355, Subd. (4), the issuance of plan approvals and lot splits or building and zoning permits for any parcel of land or part thereof within the areas of the Arcade Street Study Area shall be prohibited for a period of time not to exceed twelve (12) months from the effective date of this ordinance. However, the moratorium imroosed herein shall not �rohibit Farnsworth ElementartiSchool at 1290 Arcade Street from applvine for and receivine anv uermits or anprovals necessarv to undertake construction to �lace two uortable classrooms at the northeast corner of Mendota Street and Iw Avenue as shown on "Exhibit A". BY: Approved by By: � {' � 'tC Requested by Department of: . �,lii. �- c .. � � �� L _, _5 By: Fosm Approved by City Attorney �/ .Q/�,�1^' G�. // / by By: Adopted by Council: Date ", Adoption Certified by Counci Secretary � d � -��f. I'ING PROBLEM, LSSUE, OPPORTUNITY (Who, Whay When, Where, WLy): ' North Elementazy School is proposing place two portable classrooms at the corner of Mendota Siteet & ie. The school will need building permits however, there is a moratorium on the issuance of any permits on pending completion of the Arcade Sireet Zoning Study (to be completed in January 2003). The project versely impact of the Zoning Study. Therefore, it is reasonable to pass an ordinance exempting the school f �Fubitions of the moratorium. �VANTAGES IF APPROVED: �proved this project will have substant SADVANTAGES IF APPROVED: � significant disaclvantages if approved. SADVANTAGES IF NOT APPROVED: not improved, it will inhibit Famsworth Yl'AL AMOUNT OF TRANSACiTON: $ NDING SOURCE: VANCIAL INFORMATiON: (EXPLAIN) NOT A FINANCIAI. MATTER K�ShaMBAYERS�Grnwal Ivfo�ashtGm the capacitv and School from a needed ACTIVITY NUMBER � �� vOV 18 2002 _ �i=f°( P+�Of3t�lE� of Farnsworth CotxecN Reso��rch Gent� ��' � �" �4Q2 DEPARTMENT/OFFICE/COUNCII,: � 1 2nn� &Economic Developinent ATE �nTra'TED GREEN SHEET 1vo .: 200636 11/18/OZ Council File # 0.� _ ��gY Green Sheet k ,�QA� RESOLUTION OF SAINT PAUL, MINNESOTA Presented By Referred To 3b Committee: Date 1 WHEREAS, Citizen Service Office, Division of Code Enforcement has requested the City Council 2 to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and 3 removal of a two-story, single family dwelling located on property hereinafter referred to as the "Subject 4 Property" and commonly lrnown as 1198 Sherburne Avenue. This property is legally described as follows, 5 to wit: 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Lot 10, Block 7, Sanborn's Midway Addition. WHEREAS, based upon the records in the Ramsey County Recarder's Office and information obtained by Division of Code Enfarcement on or before Apri124, 2002, the following are the now known interested or responsible parties for the Subject Property: Daniel J. Galarowicz, P.O. Box 14123, St. Paul, MN 55114-0123; Daniel J. Galarowicz, 1198 Sherburne Avenue, St. Paul, MN 55114; Conseco Finance Loan Corp., 14001 Grand Avenue, Burnsville, MN 55337; Claude Worrell, 1035 Cedar Lake Rd. S, Minneapolis, MN 55405; Claude A. Worrell, Reimbursable Expenses, 2605 Campus Dr., Minneapolis, MN 55441; Lehman Capital, 200 Vessey Street, 8`� Floor, City of New York, NY 10285; Paul A. Weingarden and Olson, Uset & Weingarden P.L.L.P., 4500 Park Glen Rd suite 310, Minneapolis, MN 55416; First State Mortgage Corp., 1400 Corporate CenterCurve, Suite 110, Eagan, MN 55121; Associates Home Equity Industrial Loan Co. , 14001 Grand Avenue, Brunsville, MN 55337; Murnane, Conlin, White & Brandt, 444 Cedar Street Suite 1800, St. Paul, MN 55101 WHEREAS, Davision of Code Enforcement 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 September 5, 2002; and WHEREAS, this order informed the then known interested or responsible parties that the structure located on the Subj ect 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 October 7, 2002; 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 Division of Code Enforcement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and AA-ADA-EEO Employer o� ��Y 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 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 tune, date, place and purpose of the public hearings; and W I�EREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, December 10, 2002 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 a11 applicable codes and ordinances, or in the alternarive by demolishing and removing the structure in accordance with all applicable codes and ordinances The rehabilitation or demolition of the shucture to be completed within fifteen (15) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, December 18, 2002 and the tesrimony 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 1198 Sherburne Avenue: That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. � � 7 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 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 Division of Code Enforcement 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 the Citizen Service Offices, Division of Code Enforcement, 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. ORDER The Saint Paul City Council hereby makes the following order: AA-ADA-EEO Employer o>-�`rr � 7 10 11 12 13 14 15 16 17 18 19 20 1. 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 blighting influence 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 altemarive 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 corrective action is not completed within this period of time the Citizen Service Office, Division of Code Enforcement 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 Legislarive Code. 3. 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. 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. Yeas Nays Absent BENANAV f BLAKEY �/ BOSTROM �/ IOLEMAN � HARR/S � LANTRY �/ RE, AdoF AdoF By: Appr By: izequested by Department of: Citizen Se vice Office• Code Enforcement i � By: � AA-ADA-EEO Employer Form Approved by City Attarney of Code Enforcement GREEN SHEET Dawlflns 266-8427 I{1/lIL� �� 11-15-02 � z -P "� �� TOTAL # OF SIGNATURE PAGES � WroRlwe�t9SfAN1) �cua,e,�� oc o�.-..g�- No 102417 u,m.vum. m.�.�. _ ❑�«� � ❑ ..�,�,� - ❑ FOR SIGNATURE) ty Council to pass thi`s resolution which will arder the owner(s) to remove or repair the referencefl building(s). If �. owner fails to comply with the resolution, the Citizen Service Office, Division of Code F�n#�czzceat�e�n��`�ered remove the building. The subject property is located at 1198 Sherburne Avenue. ��"''' °"�� + I . , �i, f-. or PLANNING COMMISSION CIB CAMMITTEE CNIL SERVICE COMMISSION Has mis ae�rm everwoncea unaer a conhact rormic aepamnenn . YES NO Hes ihis PNaonrTrm a�er been a cilY emPbY�7--- "-__ .. .., YES NO _ ' ,_: _ .. _ .,. ooes mis aersoMim aoeaess a s�a� mc narmalNo�e�ssee tv anv anrerrt cilv emubveev YES NO Is Mis persoruFrm a tatpeted vendoR YES NO ]I31f1311V289I1bW2180f1820313�C3hL�9f1�2(�2Ch�09f22118hE2� � ✓ - INITIATMG PROBLEM ISSUE, OPPORTUNITV (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 Legislarive Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 1198 Sherburne Avenue by October Z, 2002, and ,; ` haue failed to complywith those orders. _� �r _:•:. ,�.� City will eliminate a nuisance. Nov � a 200� CI1°1( A"Tl'ORNEY The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a snecial assessment against the property tases. A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community. OF TRANSACT�ON COST/REVQJUE BUDGETW (CIRCLE ONE) � YEII J NO SOURCE � Nnicanrr. Hnncing AhatPmPnt ACiNm'NUMBER �42Fi1 INFORMATION (IXPWN) AA-ADA-EEO Employer d�_ �/�g' REPORT [/ �CeJ[.'7 �1:� � \�/�+I D1•�71 � [�'i Date: December 10, 2002 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevazd Mazcia Mcermond I.egislarive He aring Officer Resolution ordering the owner to remove or repair the property at 1198 Sherburne Avenue. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building. I.egislative Hearing Officer recommends laying over to the Februa.ry 11, 2003, Legislative Hearing. ,,. a CITY OF SAINT PAUL Randy C. Ke[ly, l�f¢yor November 15, 2002 C[TIZEN SERVICE OFFICE Donald J. Luna, City Clerk DNISION OF PROPERTY CODE ENFORCEMEM ��'' Andy Dawkins, Program.�fart¢�er N"uisarsce Building Code Enforcement 7600NonhWhi�eBeardversue Tel: 651-166-l900 SaintPau[..6fN Si106 F¢<: 6i1-266-1926 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Citizen Service Office, Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance buildin�(s) located at: 1198 Sherburne Avenue The City Council has scheduled the date of these hearin�s as follows: Legislative Hearing - Tuesday, December 10, 2002 City Council Hearing - Wednesday, December 18, 2002 The owners and responsible parties of record are: Name and Last Known Address Daniel J. Galarowicz P.O. Box 14123 St. Paul, MN 55114-0123 Daniel J. Galarowicz 1198 Sherbume Avenue St. Paul, �I 5� 114 Conseco Finance Loan Corp. 14001 Grand Acenue Bumsville, MN 55337 AA-ADA-EEO Employer Interest Fee Owner Fee Owner Interested Parry �J' o�.��r 1198 Sherburne Avenue November 15, 2002 Pa�e 2 Name and Last Known Address Claude Wosell 103� Cedaz Lake Rd. S Minneapolis, MN 5540� Claude A. Worrell Reimbursable Expenses 2605 Campus Dr. Minneapolis, MN 55441 Lehman Capital 200 Vessey Street, 8�' Floor City of New York, NY 10285 Paul A. Wein�arden and Olson, Uset & Weingarden P.L.L.P. 4500 Pazk Glen Rd suite 310 Minneapolis, MN 55416 First State Mortgage Corp. 1400 Corporate CenterCurve, Suite 110 Eagan, MN 55121 Associates Home Equity Industrial L,oan Co. 14001 Grand Avenue Brunsville, MN 55337 Mumane, Conlin, White & Brandt 444 Cedar Street Suite 1800 St. Paul, MN 55101 The 1ega1 description of this property is: Interest Interested Pariy Interested Party Interested Party Interested Party Interested Party Interested Pazty Interested Party Lot 10, Block 7, Sanbom's Midway Addition. Division of Code Enforcement has declazed this buildin�(s) to constirute a"nuisance" as definec by Le�slative Code, Chapter 45. Division of Code Enforcement h� issued an order to the thea I;nown responsible parties to eliminate this nuisance condition by correcting the deficiencies or b•� razin� and removing this building(s). AP,-ADA-EEO Employer . O a.-\�t7� 1198 Sherburne Avenue November 15, 2002 Pa�e 3 Inasmuch as this Order to Abate has not been complied �vith the nuisance condition remains unabated, the community continues to suffer the blightin� influence of this property. It is the recommendation of the Division of Code Enforcement that the City Council pass a resolution orderin� the responsible par[ies to either repair, or demolish and remove this building in a timely manner, and failin� that, authorize the Division of Code Enforcement to proceed to demolition and removal, and to assess the costs incurred a�ainst the real estate as a special assessment to be collected in the same manner as taxes. Sincerely, �✓ / . . � ii / . Steve Magner Vacant Buildings Supervisor Division of Code Enforcement Citizen Service Office SM:mI cc: Frank Berg, Buildin� Inspection and Design Meghan Riley, City Attomeys Office Nancy Anderson, Assistant Secretary to the Council Laurie Kaplan, PED-Housing Division ccnph AA-ADA-EEO Employer �Z ��s� �� MINUTES OF TF� LEGISLA'tIVE HEARING Tuesday, December 10, 2002 Room 330 Courthouse Mazcia Moermond, Legislative Hearing Officer The meeting was called to order at 10:00 a.m. Resolurion ordering the owner to remove or repair the property at 1198 Sherburne Avenue. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building. (Steve Magner submitted photographs.) Steve Magner reported this is a two story single fanuly dwelling. The property has been vacant since January 31, 2002. The current owner is Daniel J. Galarowicz. The properiy is in foreclosure. Eight suimnary abatement norices have been issued to cut tall grass, remove refuse, and secure the building. On August 27, 2002, an inspec6on 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 issued on 5eptember 5, 2002, with a compliance date of October 7, 2002. As of this date, this properry remains in a condirion which comprises a nuisance as defined by the legislative code. Real Estate taa�es aze unpaid of $3,572. T�ation has placed an estimated market value of $9,900 on the land and $82,900 on the building. As of December 10, 2002, no code compliance inspection has been done nor a bond posted. The estimated cost to repair is $40,000 to $50,000; estimated cost to demolish, $9,000 to $12,000. Marcia Moermond asked how many yeazs are unpaid on the real estate tazces. Just this year, responded Mr. Magner. Ms. Moermond asked if this property was owner occupied or rental properry. Mr. Magner responded he believes it was owner occupied by Mr. Galazowicz. Claude Wonell, 1035 Cedar Lake Road South, Minneapolis, representing Conseco Finance Loan Corporation, appeared and stated Conseco has foreclosed on this loan. The redemption period will expire on January 19, 2003. He was made awaze of this property in August of this year. They found the property open to trespass and they secured it. They got someone to mow the lawn and drive by the properiy once a week. A broken window was taken caze of in a prompt manner. The building is registered as vacant and the $200 fee paid. Conseco does not own the property; therefore, they cannot remodel it and take caze of the other abatement notices. P,fter the redemption period, they would like to sell the property to someone who will bring it up to code, and they will disclose all the code 3ssues to any potenfial buyer. Mr. Worrell is requesting a 90 day e�ension to give them time to get the property on the mazket and sold. Ms. Moermond asked how this building is categorized by the Vacant Building Program. Mr. Magner responded it is a nuisance, but not dangerous. His office has no issue with a o� ��g� LEGISLATIVE HEARING MINUT'ES OF DECEMBER 10, 2002 Page 2 continuation. They would request a Code Compliance Inspection be completed and the realtor can use that as a disclosure statement for a potential buyer. Ms. Moermond asked if the Department of License, Inspection, and Environmental Protection can gain access through Conseco into the building to attempt a code compliance inspection, or does ttris need the owner's consent. Mr. Magner responded they generally wait until after the redemption period has ended to obtain the inspection because they do not have legal rights to enter the properry until then. Ms. Moermond stated if the redemption period ends on January 19, she will give Conseco until February 11 to have the code compliance inspection conducted. At that time, they will be discussing the need for someone to post a bond. Mr. Magner responded the City historically requires a$2,000 bond to be posted, the fees paid, and the code compliance inspecfion completed. Then, Conseco will haue 180 days to mazket the building, work out recovering the bond cost, and then the buyer could start rehabilitation. The buyer would still have the original 180 days from the date the bond is posted. If 50% of the rehabilitation is completed, the code compliance inspector will recommend an additional 180 days provided there is significant progress on the project. Ms. Moermond asked has Code Enforcement heard from the owner at anytune since 2002. Mr. Magner responded no. Ms. Moermond recommends laying over this matter to the February 11, 2003, Legislative Hearing. The meeting was adjourned at 10:12 a.m. rrn