94-1349 O RlGII� Council File # 9 y -i
A L Green Sheet #
RESOLUTION
CITY OF S INT PAUL, MINNESOTA
Presented By I,, I ' f i -A
Referred To Committee: Date
1 WHEREAS, Saint Paul Publ Health has requested the City Council to hold public hearings
2 to consider the advisability and nece sity of ordering the repair or wrecking and removal of a two
3 story dwelling with asbestos siding . d two car detached garage located on property hereinafter
4 referred to as the "Subject Property" and commonly known as 759 Sherburne Avenue. This
5 property is legally described as follo s, to wit:
6
7
8 Lot 26, Chute Brothers Divis on No. 10, Addition to the City of St. Paul.
9
10
11 WHEREAS, based upon the ecords in the Ramsey County Recorder's Office and
12 information obtained by Saint Paul ' blic Health on or before July 26, 1994, the following are the
13 now known interested or responsible parties for the Subject Property: State of Minnesota Trust
14 Exempt, 620B Government Center est, 50 Kellogg Blvd. West, St. Paul, MN 55102; Gary
15 Merwin, 6875 167 Street West, Ros mount, MN 55068; First Trust Co., Inc., Attn: Corporate
16 Trust Dept, 332 Minnesota Street, S Paul, Mn 55101; Ann P. Hipp, 195 E. Fifth Street Apt 504,
17 St. Paul, MN 55101; Valley Pavin: Inc., 8800 13th Avenue East, Shakopee, MN 55379; Curt
18 Potts (Currency Exchange), 981 Pay e Avenue, St. Paul, MN 55101.
19
20 WHEREAS, Saint Paul Publi Health has served in accordance with the provisions of
21 Chapter 45 of the Saint Paul Legisla ve Code an order identified as an "Order to Abate Nuisance
22 Building(s)" dated July 21, 1994; an
23
24 WHEREAS, this order infor ed the then known interested or responsible parties that the
25 structure located on the Subject Pro, -rty is a nuisance building(s) pursuant to Chapter 45; and
26
27 WHEREAS, this order infor led the interested or responsible parties that they must repair or
28 demolish the structure located on the Subject Property by August 1, 1994; and
29
30 WHEREAS, the enforcement $ fficer has posted a placard on the Subject Property declaring
31 this building(s) to constitute a nuisan e condition; subject to demolition; and
32
33 WHEREAS, this nuisance co dition has not been corrected and Saint Paul Public Health
34 requested that the City Clerk schedul- public hearings before the Legislative Hearing Officer of the
35 City Council and the Saint Paul City Council; and
36
37 WHEREAS, the interested an i responsible parties have been served notice in accordance
38 with the provisions of Chapter 45 of he Saint Paul Legislative Code, of the time, date, place and
39 purpose of the public hearings; and
40
nnlc,INIAL
1 WHEREAS, a hearing was h ld before the Legislative Hearing Officer of the Saint Paul City
2 Council on Tuesday, September 6, 1' 94 to hear testimony and evidence, and after receiving
3 testimony and evidence, made the r- ommendation to approve the request to order the interested or
4 responsible parties to make the Subj t Property safe and not detrimental to the public peace, health,
5 safety and welfare and remove its bl :hting influence on the community by rehabilitating this
6 structure in accordance with all appl able codes and ordinances, or in the alternative by
7 demolishing and removing the struct re in accordance with all applicable codes and ordinances.
8 The rehabilitation or demolition of e structure to be completed within five (5) days after the date
9 of the Council Hearing; and
10
11 WHEREAS, a hearing was h; ld before the Saint Paul City Council on Wednesday,
12 September 14, 1994
13 and the testimony and evidence incl ding the action taken by the Legislative Hearing Officer was
14 considered by the Council; now there fore
15
16 BE IT RESOLVED, that bas: upon the testimony and evidence presented at the above
17 referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and
18 Order concerning the Subject Prope at 759 Sherburne Avenue:
19
20 1. That the Subject Prop: y comprises a nuisance condition as defined in Saint Paul
21 Legislative Code, Cha ) ter 45.
22'
23 2. That the costs of demi ition and removal of this building(s) is estimated to exceed
24 three thousand dollars $3,000.00).
25
26 3. That there now exists d has existed multiple Housing or Building code violations at
27 the Subject Property.
28
29 4. That an Order to Abat Nuisance Building(s) was sent to the then known responsible
30 parties to correct the i - ficiencies or to demolish and remove the building(s).
31
32 5. That the deficiencies c using this nuisance condition have not been corrected.
33
34 6. That Public Health ha posted a placard on the Subject Property which declares it to
35 be a nuisance conditioi subject to demolition.
36
37 7. That this building has ) een routinely monitored by the Vacant/Nuisance Buildings
38 Code Enforcement Pry :ram.
39
40 8. That the known intere•, ed parties and owners are as previously stated in this
41 resolution and that the otification requirements of Chapter 45 have been fulfilled.
42
43 ORDER
44
45 The Saint Paul City Council reby makes the following order:
46
I
• r , rm 1 rim A; 94 I `i`i
1 1. The above referenced interes 1 . or responsible parties shall make the Subject Property safe
2 and not detrimental to the pu i lic peace, health, safety and welfare and remove its blighting
3 influence on the community s y rehabilitating this structure and correcting all deficiencies as
4 prescribed in the above refer; nced Order to Abate Nuisance Building(s) in accordance with
5 all applicable codes and ordi ances, or in the alternative by demolishing and removing the
6 structure in accordance with 1 applicable codes and ordinances. The rehabilitation or
7 demolition and removal of th . structure must be completed within five (5) days after the date
8 of the Council Hearing.
9
10 2. If the above corrective actio is not completed within this period of time the City of Saint
11 Paul, Public Health, Housin I, Code Enforcement Section is hereby authorized to take
12 whatever steps are necessary to demolish and remove this structure, fill the site and charge
13 the costs incurred against th- Subject Property pursuant to the provisions of Chapter 45 of
14 the Saint Paul Legislative C • 1 e.
15
16 3. In the event the building is to be demolished and removed by the City of Saint Paul, all
17 personal property or fixtures of any kind which interfere with the demolition and removal
18 shall be removed from the p i eperty by the responsible parties by the end of this time period.
19 If all personal property is no removed, it shall be considered to be abandoned and the City
20 of Saint Paul shall remove • i d dispose of such property as provided by law.
21
22 4. It is further ordered, that a c spy of this resolution be mailed to the owners and interested
23 parties in accordance with C i apter 45 of the Saint Paul Legislative Code.
Yeah Nays A•sent Requested by Department of:
Blakey
Grimm ✓ _
Guerin
Harris
j
Me•ard
Re tman / riet/e A4 2 -e -4 ( ----
Thune 16 B y :
� Form Approved by City Attorney
Adopted by Council: Date A , i ',\cjq J
Adoption Certified by Council B � GyArye", O Jl7 -? , 7 - ,
BY= 1111L • 42s- . - y Approved • ayor for Submission to
, �� Council
Approved by = 1 Date
/ / / By: 't
By: j' i far It -
a
DEPARTMENT /OFFICE/COUNCIL DATE VITIATED
Public Health 08 -1 -92 GREEN SHEET T O 19050;
CONTACT PERSON g�pHpNE INITIAL/DATE ITIA - -- cnarles votel 298 -4153 ^ / DEPARTMENT DIRECTOR CITY COUNCIL `W1� ��4
/C ASSICN CITY ATTORNEY J k . (7.9 K CITY CLERK MP
MUST BE ON COUNCIL AGENDA BY (DATE) NUMBER FOR I � ^
ROUT NG l i BUDGET DIRECTOR I I FIN. & MGT. SERVICES DIR.
September 1994 ORDER ® MAYOR (OR ASSISTANT)
El
TOTAL # OF SIGNATURE PAGES 1 (CLIP kLL 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 located at 759 Sherburne
Avenue
RECOMMENDATIONS: Approve (A) or Reject (R) PE RSONAL 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/firm possess a skill not normally possessed by any current city employee?
SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO
Ex Main 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 buildings) 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 knowr to the Enforcement Officer were given an order to
repair or remove the building at 759 Sherburne Avenue by August 1, 1994, and have failed,
to comply with those orders. RECEIVED
ADVANTAGES IF APPROVED: AUG y 5 1994
Council Research Center CITY ATTORNEY
The City will eliminate a nuisance.
AUG 1 9 1994 ecr � r ��
RECEIVED AUG 1 9 1994
DISADVANTAGES IF APPROVED: A V G ` 2 199
JERRY BLAKEY
The City will spend funds to wreck and remove this building(s). These costs will be
assessed to the property, collected es a special assessment against the property taxes.
DISADVANTAGES IF NOT APPROVED:
■
A nuisance condition will remain unakated in the City. This building(s) will continue t
blight the community.
TOTAL AMOUNT OF TRANSACTION $ COST /REVENUE BUDGETED (CIRCLE ONE) YE NO
$8,000 - $10, - OOC
FUNDING SOURCE ACTIVITY NUMBER
Nuisance Housing Abatement 33261
FINANCIAL INFORMATION: (EXPLAIN)
LEGISLATIVE HEARINGS
September 6, 1994
Gerry Strathman
Legislative Hearing
Officer
1. Resolution ratifying assessment o r benefits, cost and expenses for summary abatements
for the following:
* Property Clean -Up for Ap ril thru June, 1994 (J9409A)
* Property Clean -Up in ti Thomas /Dale area from March to June, 1994,
(J9409TDBC)
* Demolition of Vacant Bui dings for June and July, 1994 (J9409C)
Legislative Hearing Officer recommends approval with the following exceptions:
payments for 852 Fuller to be spread out over ten years, and 1169 7th Street W.
to be deleted.
2. Resolution ordering the owner t) remove or repair the referenced building, located at
547 Beaumont 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 tp remove or repair the referenced building, located at
909 Dayton Avenue. If the owner fails to comply with the resolution, Public Health is
ordered to remove the building.
Legislative Hearing Officer reco nmends approval
4. Resolution ordering the owner to remove or repair the referenced building, located at
930 Marshall 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, Shirley Fulford, 180 days
to complete the rehabilitation, contingent on the posting of appropriate bonds by the
next Council meeting.
5. Resolution ordering the owner 10 remove or repair the referenced building, located at
502 Petit Street. If the owner fails to comply with the resolution, Public Health is
ordered to remove the building.
Legislative Hearing Officer recommends approval
6. Resolution ordering the owner to remove or repair the referenced building, located at
759 Sherburne Avenue. If the owner fails to comply with the resolution, Public Health
is ordered to remove the building.
Legislative Hearing Officer recommends approval
SAINT PAUL PUBLIC HEALTH
Neal Holtan, M.D., M.P.H., Director
SAINT CITY OF SAINT PAUL NUISANCE BUILDINGS CODE 612- 298 -4153
PAUL
01* Norm Coleman, Mayor ENFORCEMENT
555 Cedar Street
Saint Paul, MN 55101 -2260
AAA*
.0 RECEIVED
August 12, 1994 AUG 161994
NOTICE OF PUBLIC HEARINGS CITY CLERK
Council President and
Members of the City Council
Saint Paul Public Health, Vacant/Nuisance Buildings Enforcement Unit has requested the
City Council schedule public hearings to consider a resolution ordering the repair or removal
of the nuisance building(s) located at:
754 Sherburne Avenue
The City Council has scheduled the date of these hearings as follows:
Legislative Hearing - Tuesday, September 6, 1994
City Council Healing - Wednesday, September 14, 1994
The owners and responsible parties 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/
6875 167 Street West Judgment creditor
Rosemount, MN 55068
•
C " kc l
759 Sherburne Avenue
August 12, 1994
Page 2
Name and Last Known Address Interest
First Trust Co., Inc. Interested party/
Attn: Corporate Trust Dept Judgment creditor
332 Minnesota Street
St. Paul, Mn 55101
Ann P. Hipp Interested party/
195 E. Fifth Street Apt 504 Judgment creditor •
St. Paul, MN 55101
Valley Paving Inc. Interested party/
8800 13th Avenue East Judgment creditor
Shakopee, MN 55379
Curt Potts (Currency Exchange) Interested party/
981 Payne Avenue Judgment creditor
St. Paul, MN 55101
The legal description of this property is:
Lot 26, Chute Brothers Division No. 10, 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 elimim to this nuisance condition by correcting the deficiencies
or by razing and removing this building(s).
•
•
r54
759 Sherburne Avenue
August 12, 1994
Page 3
Inasmuch as this Order to Abate has mot 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,
a ft s i
Char es A. o el
Program Supervisor
Housing Code Enforcement Programs
Saint Paul Public Health
CAV:ml
cc: Jan Gasterland, Building Inspection and Design
Peter Warner, City Attorneys Office
Nancy Anderson, Assistant S6cretary to the Council
Steve Zaccard, Fire Marshall
Dan Pahl, PED- Housing Division
01 -93