95-209Council File ## � 0�
Green Sheet '� /9/�Jf
RESOLUTION `
CITY OF SAINT PAUL, MINNESO�'A
Presented By
36
Re£erred To _ _ Committee: Date
i WHEREAS, Saint Paul Public Health has requested the City Council to hold pubiic hearings
2 to consider the advisability and necessity of ordering the repair or wrecking and removal of a two-
3 story, brick and stucco multi-unit structure, and a two vehicle, detached, wood frame garage located
4 on properry hereinafter referred to as the "Subject Property" and commonly l�own as 217-219 Bates
5 Avenue. This properry is legally described as follows, to wit:
6
7
8 The Northwesterly 105 feet of Lot 23, Willius Subdivision of Block 57, Lyman
9 Dayton's Addition to St. Paul, Ramsey County, Minnesota.
10
11
12 WHEREAS, based upon the records in the Ramsey County Recorder's Office and
13 information obtained by Saint Paul Public Health on or before November 21, 1994, the following
14 are the now known interested or responsible parties for the Subject Property: Kathleen M.
15 Anderson, 702 Wilson Avenue, St. Paul, MN 55106; Robert Wicker, EDS Enterprises, P. O. Box
16 10876, Dellwood, MN 55110; Heritage Preservation, lith Floor City Hall Annex, 25 W. 4th
17 Street, St. Paul, Mn 55102, Attn: Aaron Rubenstein.
18
19
20 WHEREAS, Saint Paul Public Health has served in accordance with the provisions of
21 Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance
22 Building(s)" dated November 17, 1994; and
23
24
25 WHEREAS, this order informed the then known interested or responsible parties that the
26 structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and
27
28
29 WHEREAS, this order informed the interested or responsible parties thac they must repair or
30 demolish the structure located on the Subject Property by December 19, 1994; and
31
32
33 WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring
34 this building(s) to constitute a nuisance condition; subject to demolition; and
35
36
37 WHEREAS, this nuisance condition has not been corrected and Saint Paul Public Health
38 requested that the City Clerk schedule public hearings before the L,egisiauve Hearing Officer of the
39 City Council and the Saint Paul City Council; and
40
41
�`IS-s�9
WHEREAS, the interested and responsible parties have been served notice in accordance
with the provisions of Chapter 45 of the Saint Paul L,egislarive Code, of the time, date, place and
purpose of the public hearings; and
WFIEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul Ciry
Council on Tuesday, February 21, 1995 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 Properry safe and not detrimental to the public peace, health,
safety and welfare and remove its blighting influence on the community by rehabilitating this
structure in accordance with all applicable codes and ordinances, or in the alternative by
demolishing and removing the struciure in accordance with all applicable codes and ordinances.
The rehabilitation or demolition of the structure 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, March 1,
1995 and the testimony and evidence including the action taken by the Legislative Hearing Officer
was considered by the Council; now therefore -
BE IT RE50LVED, 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 Properiy at 217-219 Bates Avenue:
1. That the Subject Property comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chapter 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 existed multiple Housing or Building code violations at
the Subject Property.
4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible
parties to conect the deficiencies or to demolish and remove the building(s).
5. That the deficiencies causing this nuisance condition have not been corrected.
6. That Public Health 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 the Vacant/Nuisance Buildings
Code Enfarcement Program.
8. That the known interested parties and owners are as previously stated in this
resolution and that the nofification requirements of Chapter 45 have been fulfilled.
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.�. .
The Saint Paul City Council hereby makes the following order:
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 alternauve by demolishing and removing the
structure in accordance with all applicable codes and ordinances. The rehabilitation or
demolition and removal of the structure must be completed within fifteen (15) days after the
date of the Council Hearing.
2. If tbe above corrective action is not completed within this period of time the Ciry of Saint
Paul, Public Health, Housing Code Enforcement Section 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 L.egislative Code.
3. In the event the building is to be demolished and removed by the City of Saint Paul, all
personal properry 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 properry 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 I.egislative Code.
Requested by Department of:
Adopted by Council: Date a.a � �,5
Adoption Certified by Council Secretary
By:
Appr
By:
B �Z� �--c��.____
Form Approved by City Attorney
By: �(�G�G✓GW!^P�
Approved by Mayor for Submission to
COUI1C11
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DEPARTMENT/OPFICE/COUNCIL DATE INITIATED N�. 1916 8
r��vi�� Health oi- �-9s GREEN SHEET
INITIAVDATE INITIAVDATE
COM PE SON & PHONE DEPARTMENT DiRECTOR ClN COUNCII
C arles Votel 298-4153
C/✓ ASSIGN �CITYATTORNEY I"� �CITVCLERK
MUST BE ON COUNqLAGENDA BV (DATE) ROUTINGFOR ❑ BUOGET DIflECTOR � FIN. & MGT. SERVICES �IR.
March 1, 1995 OfiOER �MqYOR(OflASSISiAN� O
TOTAL # OF SIGNATURE PAGES � (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTED:
City Council to pass this resolution which will order the owner(s) to remove or repair the
referenced building(s). If the owner fails to comply with the resolution, Public Health
is ordered to remove the building. The subject property is locaCed at 217-219 Bates
REC MMErvDAi16NS: Approve (n) or Reject (R) pER50NAL SERVICE CONTRACTS MUST ANSWER TNE FOLLOWING �UESTIONS:
_ PLANNING COMMISSIOPd _ CINL SERVICE COMMISSfON 1. Has this persoNFirm ever worked untler a contract for this department?
_ CIB COMMITTEE �ES NO
_ STAFF 2. Has this perso�lfirm ever been a ciry employee?
— VES NO
_ D�SiFiiCi cOUai _ 3. Does this pereon/firm possess a skill not normally possessed by any current city employee?
SUPPORTS WHICH COUNCIL OBJECTIVE� YES NO
Ezplaln all yes answers on separate sheet anC attaeh to green sheet
INITIATING PROBLEM, ISSUE, 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 Legislative Code. The owners, interested
parties and responsible parties known to the Enforcement Officer were given an order to
repair or remove the building at 21'I-219 Bates Avenue by December 19, 1994, and have
failed to comply with those orders. A
� . ��
ADVANTAGES IFAPPROVED:
The City will eliminate a nuisance.
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DISADVANTAGES IF APPROVED
The City will spend funds to wreck and remove this building(s). These costs will be �
assessed to the property, collected as a special assessment against the property taxes.
�ISADVANTAGES IF NOTAPPFOVED:
A nuisance condition will remain unabated in the City. This �� d����ll continue to
blight the community. �;
� E� G 2 1995
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TOTAL AMOUNT OF TRANSACTION $ _ COST/REVENUE BUDGE7ED (CIRCLE ONE) YES NO
FUNDINGSOURCE TTnieanC� Ts0]1S�ng��arPmcnt ACTIVITYNUMBER �';7�+�
FINANG�AL INFORMATION: (EXPLAIN)
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LEGISLATIVE HEARINGS
February 21, 1995
Gerry Strathman
Legislative Hearing
Q�cer
( 1. �Resolution ordering the owner to remove or repair the referenced building, located at
LJ 217-219 Bates Avenue If the owner fails to comply with the resolution, Public Health
is ordered to remove the building.
Legislative Hearing Officer recommends allowing the owner six months to complete the
rehabilitation, contingent on obtaining the code compliance insgection and the posting
of appropriate bonds by the Council meeting on March 1.
2. Resolution ordering the owner to remove or repair the referenced building, located at
1026 Burr Street. If the owner fails to comply with the resolution, Public Health is
ordered to remove the building.
Legislative Hearing Officer recommends approval
3. Resolution ordering the owner to remove or repair the referenced building, located at
898 Selby Avenue. If the owner fails to comply with the resolution, Public Health
is ordered to remove the building.
Legislative Hearing Officer recommends approval ��
4. Resolution ordering the owner to remove or repair the referenced building, located at
669 Third Street East. If the owner fails to comply with the resolution, Public
Health is ordered to remove the building.
Legislative Hearing Officer recommends withdrawai
5. Summary Abatement Ordes - 661 E. L.awson
Legislative Hearing Qfticer recommends denial of appeai
SAINT PAtiL PUBLIC HEALTH t
Neal Hoftan, M.D., M.P.H., Direc7or 9J �,D �
CTTY OF SAINT PAUL NU�SANCE BIiIIDIA'GS CODE
11orm Co1em¢rt, Mayor ENFORCEME.�T
SSS Cedar Sneet
Saint Pau(. M:� 55101-2260
r.r�•
January 27, 1995
NOTICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
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Saint Paul Public Health, Vacant/Nuisance Buildin;s Enforcement Unit has requested the
City Council schedule public hearings to consider a resolution orderina the repair or removal
of the nuisance building(s) located at:
217 Bates Avenue
The City Council has scheduled the date of these hearings as follows:
Legislative Hearing - Tuesday, February 21, 1995
City Council Aearing - Wednesday, March 1, 1995
The owners and responsible parties of record are:
Name and L,ast Known Address
Kathleen M. Andezson
702 Wilson Avenue
St. Paul, MN 55106
Interest
Fee Owner
Robert Wicker
EDS Enterprises
P. O. Box 10876
Dellwood, MN 55110
Heritage Preservation
ilth Floar City Hall Annex
25 W. 4th Street
St. Paul, Mn 55102
Attn: Aaron Rubenstein
Owners Registration Form
Phonebook
6I b298-4153
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217-219 Bates Avenue
Ianuary 27, 1995
Page 2
The legal description of this property is:
The Northwesterly 105 feet of L.ot 23, Willius Subdivision of Block 57, Lyman
Dayton's Addition to St. Paul, Ramsey County, Minnesota.
City of Saint Paul Public Health has declared this building(s) to constitute a"nuisance" as
defined by I.egislative Code, Chapter 45. Public Health has issued an order to the then
known resgonsible parties to eliminate this nuisance condition by conecting the deficiencies
or by razing and removing this buildine(s).
Inasmuch as this Order to Abate has not been complied with the nuisance condition remains
unabated, the community continues to suffer the blighting influence of this property. It is the
recommendation of Public Health that the City Council pass a resolution ordering the
responsible parties to either repair, or demolish and remove this building in a timely manner,
and failing that, authorize Public Health 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,
�� x ; x ?
x ,� / ,��� ����5
� �'�v'� �' �" '�
Charles A. Votel
Program Supervisor
Housing Code Enforcement Programs
Saint Paul Public Health
CAV:ml
cc: Jan Gasterland, Buildin; Inspection and Design
Peter Wamer, City Attorneys Office
Nancy Anderson, Assistant Secretary to the Council
Steve Zaccard, Fire Marshall
Dan Pahl, PED-Housin; Division
01-93