96-156Council File # � S
Green Sheet u 3 3 S'�1 l
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
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Presented By
Re£erred To
Committee: Date
WHEREAS, Saint Paui Public Health has requested the City Council to hold public hearings
to consider the advisability and necessity of ordering the repair or wrecking and removal of a two-
story, wood frame dwelling located on property hereinafter referred to as the "Subject Property" and
commonly known as 1371 Van Buren Avenue. This property is legally described as follows, to wit:
Lot 23, Block 3, Syndicate Addition Number 5.
WHEREAS, based upon the records in the Ramsey County Recorder's Office and
information obtained by Saint Paul Public Health on or before December 15, 1995, the following
are the now known interested or responsible parties for the Subject Property: Joe L. Plank Jr. &
Beth A. Plank, 10428 215 Ct. No., New Scandia Twp, MN 55073; Joe L. Plank Sr. & Suzanne
Plank, 107 Arcwood Road, Mahtomedi, MN 55115; Daniel E. Piette & Dale R. Morgan
and Cynthia N. Morgan, 6008 Upper 46th Street North, Oakdale, MN 55128, (last known
address); Norwest Mortgage, 2051 Killebrew Drive, Bloomington, MN 55479-2549, Attn: Sally
Berdt; John Basta, 1415 Lincoln Avenue, St. Paui, MN 55105-2217; Iten Hauth, 5775 Manning
Avenue No., Stillwater, MN 55082.
WHEREAS, Saint Paul Public Health has served in accordance with the provisions of
Chapter 45 of the Saint Paul I,egislative Code an order identified as an "Order to Abate Nuisance
Building(s)" dated December 11, 1995; 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
WAEREAS, this order informed the interested or responsible parties that they must repair or
demolish the structure located on the Subject Property by January 10, 1996; 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 Saint Paul Public Aealth
requested that the City Clerk schedule public hearings before the L.egislative Hearing Officer of the
City Council and the Saint Paul Ciry Council; and
WHEREAS, the interested and responsible parties have been served notice in accordance
with the provisions of Chapter 45 of the Saint Paul L,egislative Code, of the time, date, place and
purpose of the public hearings; and
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WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City
Council on Tuesday, February 6, 1996 to hear testimony and evidence, and after receiving
testimony and evidence, made the recommendation to approve the request to order the interested or
responsibie parties to 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 in accordance with all 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 structure to be completed within fifteen (15) days after the
date of the Council Heazing; and
WHEREAS, a hearing was held before the Saint Paul Ciry Council on Wednesday, February
14, 1996 and ffie testimony and evidence including the action taken by the I.egislative Hearing
Officer was considered by the Council; now therefore
BE TT RESOLVED, that based upon the testimony and evidence presented at the above
referenced public hearings, the Saint Paul City Council hereby adopts the foliowing Findings and
Order concerning the Subject Property at 1371 Van Buren 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
thxee 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 Yhe then known.responsible
parties to correct the deficiencies ar 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 Enforcement Program.
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:
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1. The above referenced interested or responsible parties shall make the Subject Property safe
and not detrunental to the pubiic peace, health, safery 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 alternative by demolishin� 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 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 an accordance with Chapter 45 of the Saint Paul Legislative Code.
Requested by Department o£:
By:
Appr
By:
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Form Approved by City Attorney
BY: ��,, I� /�� a�Pti I IuI��
Approved by Mayor for Submission to
Council
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Adopted by Council: Date ..7.� �
Adoption Certified by Council Secretary
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DE P�i1C F H0d1tYl IL 1-12 96EINITIATED GREEN SHEET _N ��H� 1
CANTACT PERSON 8 PHONE MRIAVDATE INITIAVDATE
Charles VOtiE�. 298-4153 /�. � DEPARTMEM�IfiECfOFi CRYCOUNQL
l./� ASSIGN CfiYAT70RNEY �� C17YGLERK
MUST BE ON COUNCII AGENDA BY (DATE) NUYBEq FON gUDGET DIqECTOR � FIN. & MOT. SERVICES DIR.
flOUTING
February 14, 1996 ° " 0 ER MAYOFi(OflASSiSTAN'n �
TOTAL # OF SIGNANRE PAGES ��. (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REQUESTEO:
City Council to pass this resolution which will order the owner(s) to remove or repair the
referenced building(s). If tlie owner fails to comply with the resolution, Public Health
is ordered.to remove the building. The subject property is located at 1371 Van Buren
Avenue.
RECOMntENDAT1pN5: Apprave (q) or Rejeet (a) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
_ PLANNING COMMISSION _ CIVIL SERVICE CAMMISSION 1. Has Mis perso�rm ever woAcetl under a coMract for this department?
� CIB COMMffTEE _ YES NO
_ STAFF 2. Has this personHirm ever been a ciry employee?
— YES NO
__ DISTRICT COURT _ 3. Do¢5 Shis pefsonlfltRf
possess a skill noi normally possessed by any curtent city empbyee4
SUPPORTSWHICNCAUNCILO&IECTIVE? YES NO
Explain all yes answers on seperata sheat and attach to green sheet
INITlATING PROBLEM, iSSUE, OPPORTUNIZY (Who, Wfiat. When, Whare, 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 1371 Van Buren Avenue by January l�, 1996, and have
failed to comply with those orders. �,,;.,
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ADVANTAGES IFAPPROVED:
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The City will eliminate a nuisance.
DISADVANTAGES IF APPROVED:
The City wi11 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.
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DISADVANTACaES IF NOTAPPROVED:
A nuisance condition will remain unabated in the City. This building(s) will continue to
blight the community.
TOTAL AMOUNT OF TRANSACTION $ COST/NEVENUE BUDGETED (CIRCLE ONE) YES NO
FUNOIRGSOURCE Nn;cannP Hnucinc� Abatement ACTtV1TYNUMBER 33261
PINANCIAL INFORMATION� (EXPLAIN)
CITY OF SAINT PAUL
Norm Coleman, Mayor
SAINT PAUL PUBLIC HEALTH
tieal Ho17an. :KD.. MP.H.. Director
A�'UISANCE BG'ILDJNGS CODE
ENFORCEbfE,�T
SJS Cedar Svee1
Saint Paul, dfV 5.5101-2?60
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January 12, 1996
NOTICE OF PUBLIC HEARINGS
,
Council President and
Members of the City Council
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617-198-4/53
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Saint Paul Public Health, Vacant/Nuisance Buildin�s Enforcement U�it has requested the
City Council schedule public hearings to consider a resolution ordering the repair or
removal of the nuisance building(s) located at:
1371 Van Buren Avenue
The City Council has scheduled the date of these hearings as follows:
�egislative Hearing - Tuesday, February 6, 1996
City Council Hearing - Wednesday, February 14, 1996
The owners and responsible parties of record aze:
Name and Last Known Address
Joe L. Plank Jr. & Beth A. Plank
10428 215 Ct. No.
New Scandia Twp, MN 55073
Interest
Previous Owner
3oe L. Plank Sr. & Suzanne Plank
107 Arcwood Road
Mahtomedi, MN 55115
Previous Owner
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1371 Van Buren Avenue
January 12, 1996
Page 2
Name and Last Known Address
Daniel E. Piette & Dale R. Morgan
and Cynthia N. Morgan
, 6008 Upper 46th Street North
Oakdale, MN 55128
(last known address)
Norwest Mortgage
2051 Killebrew Drive
Bloomington, MN 55479-2549
Attn: Sally Berdt
John Basta �
1415 Lincoln Avenue
St. Paul, MN 55105-2217
Iten Hauth
5775 Manning Avenue No.
Stillwater, MN 55082
The legal description of this property is:
Interest
Fee Owner
Mortgagee
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Responsible Party
Lienholder
Lot 23, Block 3, Syndicate Addition Number 5.
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City of Saint Paul Public Health has deciazed 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 conecting the deficiencies
or by razing and removing this building(s).
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,
1371 Van Buten Avenue
January 12, 1996
Page 3
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 Ciry 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.
Si e ely,
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Charles A. Votel
Program Supervisor
Code Enforcement Programs
Saint Paul Public Health
CAV ml �
cc: Jan Gasterland, Building Inspection and Design
Peter Warner, City Attomeys Office
Nancy Anderson, Assistant Secretary to the Council
Steve Zaccard, Fire Mazshall
Dan Pahl, PED-Housing Division
01-43
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MINUTES OF LEGISLATIVE HEARING
February 6, 1996
Room 330, City Hall
Gerry Strathman, Legislative Heazing Officer
STAFF PRFSENT: Chuck Votel, Public Heaith; Czuy Willits, Public Health
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Gerry Strathman, Legislative Hearing Officer, called the meeting to order at 10:05 a.m.
Resolution ordering the owner to remove or repair the referenced building, located at 441 View
Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the
building.
No one appeared.
Mr. Strathman recommended approval.
2. Resolution ordering the owner to remove or repair the referenced building, located at 613 Blair
Avemie. If the owner faiis to comply with the resolution, Public Health is ordered to remove
the building.
No one apgeared.
Mr. Strathman recommended approval.
Resolution ordering the owner to remove or repair the referenced building, located at 1371 Van
Buren Avenue. If the owner fails to comply with the resolution, Public Health is ordered to
remove the building.
Beth Randall, Hamline-Midway Area Rehabilitation Corporation (H-MARC), appeared and
stated that she had inspected the propeny and did not believe it would be financially feasible for
H-MARC to purchase the properry and rehabilitate it. The house was rat infested and in overall
total disrepair. The owner had not been responsible in taking care of the property and it had
been condemned a number of times since his ownership. It was H-MARC's recommendation to
demolish the building. They had offered to purchase the land and wouid either move another
building onto the property or possibly build a new singie-family home for purchase.
Mr. Strathman questioned whether a code compliance on the progerty had been completed.
Chuck Votel, Public Health responded that a code compliance inspection had been completed on
December 22, 1995.
Kristin Monge, 1383 Van Buren Avenue, St. Paul, appeared and stated that this house was a
continuous problem in the neighborhood, particularly with the tenants who had occupied the
property. Her husband had numerous conversations with the owner expressing his concem on
the condition of the house, however, nothing had ever been done to properly repair the house.
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Minutes of L.egislative Hearing
February 6, 1996
Page - 2 -
Anne Condon, 1359 Van Buten Avenue, St. Paul, appeared and stated that she was acquainted
with previous tenants of the building and believed it was unfair for anyone to live in such a
disgusting environment. The house was rodent infested with rats, squirrels and mice and her
friend was forced to move from the home for fear of injury to her children.
Kathleen Sundberg, 1375 Van Buren Avenue, St. Paul, appeared and stated that the owner had
demonstrated a total lack of responsibility in caring for the property. After the house had been
condemned, the neighbors had organized a meeting between a representative from the city, the
coalition and the owner. The owner represented at this meeting that he would complete the
necessary work within 60 to 90 days. A year had passed with no progress by the owner on his
proposed plan to bring the house up to code.
Matt McBride, attorney representing the owner, 3ohn Basta, appeared and requested that the
owner be allowed an extension of time to July 1, 1996 to make the necessary repairs and bring
the building up to code.
Mr. Votel stated that the buiiding had been vacant since September, 1994 and was in a serious
deteriorated condition.
Mr. Strathman stated that the owner had ample opportunity to repair the building and had
failed to do so. He recommended approval to repair or demolish the building within 15
days.
4. Summary abatement appeai of Dick Nowlin, 762 Capitol Heiehts.
Dick Nowlin, property owner, appeared and requested an extension of time to repair or remove
the garage. There had been probiems with tenants who occupied the house and it was believed
that the one of the tenants possibly set fire to the garage. He had cleared away the areas of the
garage that had been damaged by the fire but had been precluded from continuing to make
repairs due to the weather. It was his belief that the remainder of the structure was solid and
could be reconstructed rather then having to demolish and rebuild it. He presented pictures of
the property.
Guy Willits, Public Health, appeared and stated that it was the inspector's opinion that the
structure was dangerous.
Mr. Strathman recommended granting the appeal to April 30,
all open storage be removed from the garage by
the structure is maintained.
Meeting adjourned at 10:35 a.m.
1996 on the condition that
February 20, 1996 and that the integrity of