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94-1577 I �� ����� /� 0 R I G I N A L �� S� c� � Council File #'�'1�"�5�� Green Sheet # � � �� SOLUTION CITY OF S PAUL, 11�IINNESOTA L�,9 Presented By `� Referred To Committee: Date 1 2 WHEREAS, Saint Paul Publi j Health has requested the City Council to hold public hearings 3 to consider the advisability and neces ity of ordering the repair or wrecking and removal of a two 4 and one half story, wood frame dwel ing and a oversized single stall garage located on property 5 hereinafter referred to as the "Subjec Property" and commonly known as 833-835 Selby Avenue. 6 This property is legally described as ollows, to wit: 7 � 8 9 Lot 16, Block 4, Nininger an Donnelly's Addition to Holcombe's Addition to Saint 10 Paul. 11 12 13 WHEREAS, based upon the ecords in the Ramsey County Recorder's Office and 14 information obtained by Saint Paul blic Health on or before August 23, 1994, the following are 15 the now known interested or respon ble parties for the Subject Property: James A. & Lora Etta 16 Logan Sr., 1331 Dayton Avenue, S Paul, MN 55104-6441; Meridian National Bank (aka Summit 17 National Bank), 205 Aurora Avenu St. Paul, MN 55103; Robert H. Meier, 400 Second Avenue 18 So. Suite 660, Minneapolis, MN 5 401; State of Minnesota Trust Exempt, 620B Government 19 Center, West 50 Kellogg Blvd., St. aul, MN 55102; Gary Merwin, 6875 167 Street West, 20 Rosemount, MN 55068; First Trus Co. , Inc. , Attn: Corporate Trust Dept, 332 Minnesota Street, 21 St. Paul, Mn 55101; Ann P. Hipp, � 195 E. Fifth Street Apt 504, St. Paul, MN 55101; Va11ey 22 Paving Inc., 8800 13th Avenue Eas , Shakopee, MN 55379; Curt Potts (Cunency Exchange), 981 23 Payne Avenue, St. Paul, MN 5510 ; George Ingebrand Jr. , McGuigan, Holly & Ingebrand P. L. C. , 24 200 Liberty Barik Building, St. Pau , MN 55104-6386; Jim Affolter, Sr. Vice President, Liberty 25 State Bank, 176 N. Snelling, St. P 1, MN 55104. 26 � 27 WHEREAS, Saint Paul Pub 'c Health has serverl in accordance with the provisions of 28 Chapter 45 of the Saint Paul Legisl tive Code an order identified as an "Order to Abate Nuisance 29 Building(s)" dated August 17, 199 and 30 � 31 WHEREAS, this order info med the then known interested or responsible parties that the 32 structure located on the Subject Pr perty is a nuisance building(s) pursuant to Chapter 45; and 33 i 34 WHEREAS, this order info med the interested or responsible parties that they must repair or 35 demolish the structure located on t e Subject Property by September 16, 1994; and 36 37 WHEREAS, the enforceme t officer has posted a placard on the Subject Property declaring 38 this building(s) to constitute a nui ce condition; subject to demolition; and 39 40 WHEREAS, this nuisance ndition has not been corrected and Saint Paul Public Health 41 requested that the City Clerk sch ule public hearings before the Legislative Hearing Officer of the 42 City Council and the Saint Paul C y Council; and �. � , . ? 1 i q��1J'�'�'I'1 , tl r-, � � � �� . ; ) � �°' � �� f I 1 WHEREAS, the interested an I responsible parties have been served notice in accordance 2 with the provisions of Chapter 45 of e Saint Paul Legislative Code, of the time, date, place and 3 purpose of the public hearings; and I 4 5 WHEREAS, a hearing was h d before the Legislative Hearing Officer of the Saint Paul City 6 Council on Tuesday, October 18, 19 4 to hear testimony and evidence, and after receiving 7 testimony and evidence, made the r mmendation to approve the request to order the interested or 8 responsible parties to make the Subj t Property safe and not detrimental to the public peace, health, 9 safety and welfare and remove its bl' hting influence on the community by rehabilitating this 10 structure in accordance with all appl' ble codes and ordinances, Qr in the alternative by 11 demolishing and removing the struct re in accordance with all applicable codes and ordinances. 12 The rehabilita.tion or demolition of e structure to be completed within fifteen (15) days after the 13 date of the Council Hearing; and � 14 15 WHEREAS, a hearing was h ld before the Saint Paul City Council on Wednesday, October 16 26, 1994 and the tesdmony and evi nce including the action taken by the Legislative Hea.ring 17 Officer was considered by the Coun il; now therefore 18 � 19 BE IT RFSOLVED, that ba upon the testimony and evidence presented at the above 20 referenced public hearings, the Sain Paul City Council hereby adopts the following Findings and 21 Order concerning the Subject Prope y at 833-835 Selby Avenue: 22 23 24 1. That the Subject Pro rty comprises a nuisance condition as defined in Saint Paul 25 Legislative Code, Ch pter 45. 26 27 2. That the costs of de �olition and removal of this building(s) is estimated to exceed 28 three thousand dollar ($3,000.00). 29 30 3. That there now exist and has existed multiple Housing or Building code violations at 31 the Subject Property i 32 33 4. That an Order to Ab I te Nuisance Building(s) was sent to the then known responsible 34 parties to conect th I deficiencies or to demolish and remove the building(s). 35 36 5. That the deficiencie causing this nuisance condition have not been correctetl. 37 � 38 6. That Public Health as posted a placard on the Subject Property which declares it to 39 be a nuisance condi on subject to demolition. 40 41 7. That this building h s been routinely monitored by the Vacant/Nuisance Buildings 42 Code Enforcement I rogram. 43 44 8. That the known int I ested parties and owners are as previously stated in this 45 resolution and that e notification requirements of Chapter 45 have been fulfilled. 46 i � �-- i sn*� - , ,� I t, ,,. �: :t'.'.[u � 1 ORDER 2 3 The Saint Paul City Council reby makes the following order: 4 5 1. The above referenced interest or responsible parties shall make the Subject Property safe 6 and not detrimental to the pu ic peace, health, safety and welfare and remove its blighting 7 influence on the community b rehabilitadng this structure and conecting all deficiencies as 8 prescribed in the above refer ced Order to Abate Nuisance Building(s) in accordance with 9 all applicable codes and ordi ces, or in the alternative by demolishing and removing the 10 structure in accordance with 1 applicable codes and ordinances. The rehabilitation -e� 11 '' of th structure must be completed within�P^� days after the 12 date of the Council Hearing. � o�,��„��, 13 - 14 2. If the above corrective action I is not completed within this period of time the City of Saint 15 Paul, Public Health, Housing Code Enforcement Section is hereby authorized to take 16 whatever steps aze necessary o demolish and remove this structure, fill the site and charge 17 the costs incuned against thelSubject Property pursuant to the provisions of Chapter 45 of 18 the Saint Paul Legislative C e. 19 i 20 3. In the event the building is t be demolished and removed by the City of Saint Paul, a11 21 personal property or fixtures of any kind which interfere with the demolition and removal 22 shall be removed from the p perty by the responsible parties by the end of this time period. 23 If all personal property is no removed, it shall be considered to be abandoned and the City 24 of Saint Paul shall remove d dispose of such property as provided by law. 25 26 4. It is further ordered, that a py of this resolution be mailed to the owners and interested 27 parties in accordance with C apter 45 of the Saint Paul Legislative Code. Y� Navs sent Requested by Department of: a e rnr Q u uerin �- arrzs � e ar —�^ �� ( ��l�C- e man � un e ✓'` BY = 0 0 Adopted by Council: Date � � Form Approved by City Attorney Adoption Certified by Counc� Secre ary gy: Gl_� ,�j' By� � � Approved by ayor for� bmission to Council i Approved by MayoY. Date ; � By: By: q�"'�S'�1✓'I � 3 � DEPARTMENT/OFFICE/COUNCIL DATE NITIATED N � c7 O� O Public Health 09-2 -9 GREEN SHEET - � p � p � p � p � g.pHp! INITIAUDATE 1TIA ATE � LI18r1@8 VOL� 298-4153 � � DEPARTMENT DIREC R CITY COUNCIL Ag$ N � CITY ATTORNEY CITY CIERK MUST BE ON COUNCIL AOENDA BY (DATE) NU ER FOR ❑ BUDOET DIRECTOR a FIN. & MGT. SERVICES DIR. ROU ING October 26 � 1994 �R� R MAYOR (OR ASSISTAN� � TOTAL # OF 31GNATURE PAGES (CLI 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 owne fails to comply with the resolution, Public Health ie ordered to remove the building. he subject property is located at 833-835 Selby RECOMMENDATIONS: Approve (A) or Re�ect (R) p RSONAL SERVICE CONTRACTS MUST ANSWER THE FOILOWING �UESTIONS: _ PLANNINO COMMISSION _ CIVI� SERVICE COMMISSION 1• Has this person/firm ever worked under a contract for this department? _ CIB COMMI7TEE _ YES NO 2 Has this person/firm ever been e city employee? _ 3TAFF — YES NO _ DIS7RIC7 COUR7 — 3 Does this person/firm possess a skill not normall y possessed by any current city employee7 SUPPORTS WHICH COUNCII OBJECTIVEI YES NO plain all yes answers on separats sheet and attach to groen shsst iNIT1ATINa PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why This building(s) is a nuisance buii ng(s) as defined in Chapter 45 and a vacant buildivlg ae defined in Chapter 43 of the Sai Paul Legislative Code. The owners, interested parties and responsible parties kno to the Enforcement Officer were given an order to. repair or remove the building at 83 835 Selby Ayenue by September 16, 1994, and have failed to comply with those orders. ADVANTACiES IF APPROVED: �� C I�� ^ C � The City will eliminate a nuisance. � SEP N 71994 �. ;- -, - ;. -, -� : � _; ,-:�; �.:�- ��r� ��ra�N�� .�,f. . � . DISADVANTAQESiF APPROVED: The City will spend funds to wreck nd remove this buildinq(s). These costs will be assessed to the property, collected as a special assessment against the property taxes. Council Research Center O�T 0 3 1994 DISADVANTAOES IF NOT APPROVED: A nuiaance condition will remain un ated in the City. This building(s) will continue to blight the community. TOTAL AMOUNT OF TRANSACTION S 7 ' COST/REVENUE BUdGETEp (CIRCLE ONE) YES NO FUNDING SOURCE Nuisance Housing Abat rit ACTIVITY NUMBER 33261 FINANCIAL INFORMATION: (EXPLAIN) NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL MANUAL AVAILABLE IN THE PURCHASING OFFICE (PHONE NO. 298-4225). ROUTING ORDER: Below are correct routings for the five most frequent types of documents: CONTRACTS (assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept. Grants) ' 1. Outside Agency 1. Department Director 2. Department Director 2. City Attorney 3. City Attorney 3. Budget Director 4. Mayor (for contracts over $15,000) 4. Mayor/Assistant 5. Human Rights (for contracts over $50,000) 5. City Council 8. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services 7. Finance Accounting ADMINISTRATIVE ORDERS (Budget Revision) COUNCIL RESOLUTION (all others, and Ordinances) 1. Activity Manager 1. Department Director 2. Department Accountant 2. Ciry Attorney 3. Department Director 3. Mayor Assistant 4. Budget Director 4. City Council 5. City Clerk 6. Chief Accountant, Finance and Management Services - ADMINISTRATIVE ORDERS (all others) 1. Department Director 2. City Attomey 3. Finance and Management Services Director 4. City Clerk TOTAL NUMBER OF SIGNAITURE PAGES Indicate the #of pages on which signatures are required and papercNp ar flag each of thsse psges. ACTION REQUESTED Describe what the projecVrequest seeks to accomplish in either chro'nologi- cal order or order of importenoe, whichever is most appropriate for the issue. Do not write complete sentences. Begin each item in your list with a verb. RECOMMENDATIONS Complete if the issue in question has been presented before any body, public or private. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which Council objective(s) your projecUrequest supports by listing the key word(s) (HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDC�ET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) PERSONAL SERVICE CONTRACTS: This information will be used to determine the city's liability for workers compensation claims, texes and proper civil service hiring rules, INITIATING PROBLEM, ISSUE, OPPORTUNITY Explain the situation or conditions that created a need for your project or request. ADVANTAGES IF APPROVED Indicate whether this is simply an annuai budget procedure required by law/ charter or whether there are specific ways in which the Ciry of Saint Paul and its citizens will benefit from this projecUaction. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past processes might this projecUrequest produce if it is passed (e.g., traffic delays, noise, tax increases or assessments)? To Whom? When? For how long? DISADVANTAGES IF NOT APPROVED What will be the negative consequences if the promised action is not approved? Inability to deliver service? Continued high traffic, noise, accident rate? Loss of revenue? FINANCIAL IMPACT Although you must tailor the information you provide here to the issue you are addressing, in general you must answer two questions: How much is it going to cost? Who is going to pay? q�-is��l LEG LATIVE HEARINGS October 18, 1994 Gerry Strathman Legislative Hearing Officer 1. Resolution ordering the owner t remove or repair the referenced building, located at 565 Beaumont Street. If the o r fails to comply with the resolution, Public Health is ordered to remove the buildi . Legislative Hearing Officer reco mends approval 2. Resolution ordering the owner remove or repair the referenced building, located at 485 Kenny Road. If the owner f ils to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer rec mends 180 day layover in Legislative Hearings 3. Resolution ordering the owner o remove or repair the referenced building, located at 1136 Minnehaha Avenue East. f the owner fails to comply with the resolution, Public Health is ordered to remove t e building. Legislative Hearing Officer rec mmends 180 day extension on the condition that the owner posts appropriate bonds obtains verifcation that code compliance is still valid and that there is liability insur ce on the property by the October 26 Council meeting. 4. Resolution ordering the owner o remove or repair the referenced building, located at 1288 Payne Avenue aka 648 H acinth. If the owner fails to comply with the resolution, Public Health is ordered to re ove the building. Legislative Hearing Officer rec mmends approval 5. Resolution ordering the owner �to remove or repair the referenced building, located at 256 Prescott Street. If the own r fails to comply with the resolution, Public Health is ordered to remove the buildin . Legislative Hearing Officer r mmends a four week layover in Legislative Hearings �a Resolution ordering the owne to remove or repair the referenced building, located at 833-835 Selby Avenue. If the o er fails to comply with the resolution, Public Health is ordered to remove the buildin . Legislative Hearing Officer re ommends a 180 layover in Legislative Hearings 7. Resolution ordering the owne � to remove or repair the referenced building, located at 298 Sherburne. If the owner f ils to comply with the resolution, Public Health is ordered to remove the buildi . Legislative Hearing Officer re ommends approval , I