94-1071 I
P -e,"(\j-e_sA — 1 7 jal /19
Council File # 0 7/
ORIGINAL Green Sheet # / g '7
RESOLUTION S/
CITY t INT PAUL, MINNESOTA
Presented By ' l ..e 40 1, �
Referred To Committee: Date
WHEREAS, Saint Paul Public H- . th has requested the City Council to hold public hearings to
consider the advisability and necessity of o dering the repair or wrecking and removal of a single family
house located on property hereinafter refe ed to as the "Subject Property" and commonly known as 246
Rose Avenue West. This property is legal y described as follows, to wit:
The East 1/3 of Lots 11 and 12, B1 ck 10, Auerbach & Hands Addition to the City of St.
Paul.
WHEREAS, based upon the record in the Ramsey County Recorder's Office and information
obtained by Saint Paul Public Health on or before May 24, 1994, the following are the now known
interested or responsible parties for the Su ject Property: State of Minnesota Trust Exempt, 620B
Government Center West, 50 Kellogg Blv . West, St. Paul, MN 55102; Gary Merwin, 6875 167 Street
West, Rosemount, MN 55068, First Trus Co., Inc., 332 Minnesota Street, St. Paul, Mn 55101; Ann P.
Hipp, 195 E. Fifth Street, Apt 504, St. Pa 1, MN 55101; Valley Paving Inc., 8800 13th Avenue East,
Shakopee, MN 55379, Curt Potts (Curren y Exchange), 981 Payne Avenue, St. Paul, MN 55101.
WHEREAS, Saint Paul Public H th has served in accordance with the provisions of Chapter 45 of
the Saint Paul Legislative Code an order i ntified as an "Order to Abate Nuisance Building(s)" dated May
18, 1994; 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 th interested or responsible parties that they must repair or
demolish the structure located on the Subj t Property by June 17, 1994; and
WHEREAS, the enforcement offs has posted a placard on the Subject Property declaring this
building(s) to constitute a nuisance conditi n; subject to demolition; and
WHEREAS, this nuisance conditio has not been corrected and Saint Paul Public Health requested
that the City Clerk schedule public hearing before the Legislative Hearing Officer of the City Council and
the Saint Paul City Council; and
9 /0 7/
ORIGNAL
WHEREAS, the interested and res + nsible parties have been served notice in accordance with the
provisions of Chapter 45 of the Saint Paul ! - gislative Code, of the time, date, place and purpose of the
public hearings; and
WHEREAS, a hearing was held be +re the Legislative Hearing Officer of the Saint Paul City
Council on Tuesday, July 19, 1994 to h- . testimony and evidence, and after receiving testimony and
evidence, made the recommendation to app ove the request to order the interested or responsible parties to
make the Subject Property safe and not de 'mental to the public peace, health, safety and welfare and
remove its blighting influence on the comm nity by rehabilitating this structure in accordance with all
applicable codes and ordinances, or in the . ternative by demolishing and removing the structure in
accordance with all applicable codes and o + inances. 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 be re the Saint Paul City Council on Wednesday, July 27, 1994
and the testimony and evidence including action taken by the Legislative Hearing Officer was
considered by the Council; now therefore
BE IT RESOLVED, that based upo the testimony and evidence presented at the above referenced
public hearings, the Saint Paul City Counc' hereby adopts the following Findings and Order concerning the
Subject Property at 246 Rose Avenue Wes :
1. That the Subject Property co prises a nuisance condition as defined in Saint Paul Legislative
Code, Chapter 45.
2. That the costs of demolition d removal of this building(s) is estimated to exceed three
thousand dollars ($3,000.00)
3. That there now exists and h existed multiple Housing or Building code violations at the
Subject Property.
4. That an Order to Abate Nui ce Building(s) was sent to the then known responsible parties
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 Public Health has post a placard on the Subject Property which declares it to be a
nuisance condition subject to demolition.
7. That this building has been utinely monitored by the Vacant/Nuisance Buildings Code
Enforcement Program.
8. That the known interested p 'es and owners are as previously stated in this resolution and
that the notification require ents of Chapter 45 have been fulfilled.
q y -.7/
ORIGINAL
ORDER
The Saint Paul City Council hereby makes the following order:
1. The above referenced interested or sponsible parties shall make the Subject Property safe and not
detrimental to the public peace, h , safety and welfare and remove its blighting influence on the
community by rehabilitating this s cture and correcting all deficiencies as prescribed in the above
referenced Order to Abate Nuisan Building(s) in accordance with all applicable codes and
ordinances, or in the alternative by emolishing and removing the structure in accordance with all
applicable codes and ordinances. T e rehabilitation or demolition and removal of the structure must
be completed within -fifteen f13}da s after the date of the Council Hearing.
2. If the above corrective action is not completed within this period of time the City 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 Legislative 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 Requested by Department of:
Blakey
Grimm
Guerin ___ _
Harris
Megard
Reitman l�
Thune 1.. By:
Adopted by Council: Date a� lay y Form Approved by City Attorney
Adoption Certified by Coun a etary B "e j -( 2� y
By: Ilk _ , —..11u ..._..._ Approv-d b Mayor for Submission to
Approved b =yor: Dateeir4 Coun• 1 /4 ‘ 4 40 M i
4/44,44
By
' , J r..
I
y ° 7/
DEPA P R u M b E l ic FF Health L 06- 4 D - ATE INITIATED GREEN SHEET N° 18494
cO a fiagil l 48M1 298 -4153 /� J m DEPARTMENT DIRECTOR NITIAL/DATE CITY COUNCIL INITIAL/DATE
—
V v ASSIGN ® CITY ATTORNEY 0 CITY CLERK
NUMBER FOR
MUST BE ON COUNCIL AGENDA BY (DATE) ROILING Ei BUDGET DIRECTOR ❑ FIN. & MGT. SERVICES DIR.
July 27, 1994 ORCR 1 y MAYOR (OR ASSISTANT)
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTIO REQUESTED:
C Council to pass this resolution which will order the owner(s) to re*e 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 located at 246 Rose Avenue
West
RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
PLANNING COMMISSION _ CIVIL SERVICE COMMISSION 1 . Has this person/firm ever worked under a contract for this department?
_ CIB COMMITTEE YES NO
2. Has this person/firm ever been a city employee?
STAFF
YES NO
DISTRICT COURT 3. Does this person/firmN possess a skill not normally possessed by any current city employee?
SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO
El plain all yes answers on separate sheet and attach 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 Sain_ 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 246 Rose Avenue West by June 17, 1994, and have failed to
comply with those orders.
ADVANTAGES IF APPROVED: RECEIVED
The City will eliminate a nuisance. (JO
JUN 2 71994
CITY ATTORNEY
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.
DISADVANTAGES IF NOT APPROVED:
A nuisance condition will remain unabated in the City. This building(s) will continue to
blight the community.
Comil FOseartil Canter Cetincl Research center
JUL 0 8 1994
TOTAL AMOUNT OF TRANSACTION $ $3,000 - - $5r000 COST /REVENUE BUDGETED (CIRCLE ONE) NO
FUNDING SOURCE Nuisance Housing Abatement ACTIVITY NUMBER 33261
FINANCIAL INFORMATION: (EXPLAIN)
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6. Resolution ordering the owner to remove or repair the referenced building, located at
193 -197 Western Avenue North. If the owner fails to comply with the resolution, Public
Health is ordered to remove the building.
Legislative Hearing Officer recommends approval
7. Summary Abatement Order - 639 -41 Dale Street North
Legislative Hearing Officer recommends denial of appeal
8. Resolution ordering the owner o remove or repair the referenced building, located at
682 Fourth Street East. If the o er fails to comply with the resolution, Public Health
is ordered to remove the buildi g.
Legislative Hearing Officer 'commends amending the resolution from 15 days to 180
days, contingent on the fill of appropriate bonds.
Resolution ordering the owner o remove or repair the referenced building, located at
246 Rose Avenue West. If the . er fails to comply with the resolution, Public Health
is ordered to remove the buildi g.
Legislative Hearing Officer ecommends approval
10. Resolution ordering the owner o remove or repair the referenced building, located at
666 Wells Street. If the owner ails to comply with the resolution, Public Health is
ordered to remove the buildin;
Legislative Hearing Officer ecommends approval
11. Summary Abatement Appeal 1w rder - 592 Michigan
Legislative Hearing Officer ecommends denial of appeal
SAINT PAUL PUBLIC HEALTH
Neal Holtan, M.D., M.P.H., Director
--
SAINT C1TY OF SANT PAUL NUISANCE BUILDINGS CODE 612- 298 -4153
PAUL ENFORCEMENT
Norm Coleman, Mayor
555 Cedar Street
Saint Paul, MN 55101 -2260
AAAA Council arch Center
JUN 2 8 1994
June 24, 1994
NOTICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
Saint Paul Public Health, Vacant/N isance Buildings Enforcement Unit has requested the
City Council schedule public hearin s to consider a resolution ordering the repair or removal
of the nuisance building(s) located . :
24 Rose Avenue West
The City Council has scheduled th date of these hearings as follows:
Legislative earing - Tuesday, July 19, 1994
City Council ' earing - Wednesday, July 27, 1994
The owners and responsible partie of record are:
Name and Last Known Address Interest
State of Minnesota Trust Exempt Fee Owner
620B Government Center West
50 Kellogg Blvd. West
St. Paul, MN 55102
Gary Merwin Interested party /judgment creditor
6875 167 Street West
Rosemount, MN 55068
l r
246 Rose Avenue West
June 24, 1994
Page 2
Name and Last Known Address Interest
First Trust Co., Inc. Interested party/judgment creditor
332 Minnesota Street
St. Paul, Mn 55101
Ann P. Hipp Interested party /judgment creditor
195 E. Fifth Street Apt 504
St. Paul, MN 55101
Valley Paving Inc. Interested party /judgment creditor
8800 13th Avenue East
Shakopee, MN 55379
Curt Potts (Currency Exchange) Interested party /judgment creditor
981 Payne Avenue
St. Paul, MN 55101
The legal description of this prope , is:
The East 1/3 of Lots 11 and i 2, Block 10, Auerbach & Hands Addition to the
City of St. Paul.
City of Saint Paul Public Health has declared this building(s) to constitute a "nuisance" as
defined by Legislative Code, Chapter 45. Public Health has issued an order to the then
known responsible parties to eliminate this nuisance condition by correcting the deficiencies
or by razing and removing this building(s).
•
•
246 Rose Avenue West
June 24, 1994
Page 3
•
Inasmuch as this Order to Abate has not been complied with the nuisance condition remains
unabated, the community continues suffer the blighting influence of this property. It is the
recommendation of Public Health th t the City Council pass a resolution ordering the
responsible parties to either repair, r demolish and remove this building in a timely manner,
and failing that, authorize Public H th to proceed to demolition and removal, and to assess
the costs incurred against the real e to as a special assessment to be collected in the same
manner as taxes.
-rely,
Charles A. Votel
Program Supervisor
Housing Code Enforcement Programs
Saint Paul Public Health
CAV:ml
cc: Jan Gasterland, Building Ins. - tion and Design
Peter Warner, City Attorne s Office
Nancy Anderson, Assistant . ecretary to the Council
Steve Zaccard, Fire Marsh.
Dan Pahl, PED- Housing Di ision
01 -93
•