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96-430n � � � � � �� U � � � \ � " �'� � `�' � Council File # �� J v � Green Sheet # 3 3 g 9 I Presented By Referred To Committee: Date Sy WHEREAS, Saint Paul Public Health has requested the City Council to hold public hearings to consider the advisability and necessiry of ordering the repair or wrecking and removal of a two- story, masonry, brick and steel girder commercial structure and attached garage service area and other accessory structures located on properry hereinafter referred to as the "Subject Property" and commozily known as 826 Payne Avenue. This properry is legally described as follows, to wit: Lot 8, Except the West 80 feet, all of Lots 9 to 14, inclusive, Chas. Weide's Subdivision of part of Block 45 Arlington Hills Addition to Saint Paul, together with vacated ailey accruing to Lots 13 and 14. WHBREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Saint Paul Public Health on ar before July 7, 1995, the following are the now known interested or responsible parties for the Subject Property: State of Minnesota Trust Exempt, 620B Government Center West, 50 Kellogg Blvd. West, St. Paul, MN 55102; First Trust, I,egal Department, Ste. 495, 350 Robert Street North, St. Paul, MN 55101; Ann P. Hipp, 195 East Fifth Street Apt. 504, St. Paul, MN 55101; Valley Paving Inc., 8800 13th Avenue East, Shakopee, MN 55379; Curt Potts (Currency Exchange), 981 Payne Avenue, St. Paul, MN 55101; John & Gloria Matson, 3602 Gershwin Lane, Oakdale, MN 55128; Midwest Special Services, 900 Ocean Street, St. Paul, MN 55106; G& K Services, 1299 Eagan Industrial Rd., Eagan, MN 55121; Sherry Webb, 100 East llth Street, St. Paul, MN 55101; Sandra Beck, MPCA, Ground Water and Solid Waste Division, 520 Lafayette Rd. North, St. Paul, MN 55155-4194; East Side Neighbarhood Development Co., 907 Payne Avenue, St. Paul, MN 55101; Payne Phalen District 5 Planning Council, 1014 Payne Avenue, St. Paul, MN 55101, Attn: Sue Vannelli. WHEREAS, Saint Paul Pubiic Health has served in accordance with the provisions of Chapter 45 of the Saint Paui Legislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated June 30, 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 WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by July 31, 1995; 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 RESOLUTION OF SA(NT PAUL, MINNESOTA WHEREAS, this nuisance condition has not been corrected and Saint Paul Public Health requested that the City Clerk schedule public hearings before the L.egislative Hearing Officer of the City Council and the Saint Paul City Council; and I' �i��'� i � � a f°�. �1 `-y 3 0 WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the tirne, date, place and purpose of tlze public hearings; and WHEREAS, a hearing was held before the L,egislative Hearing Officer of the Saint Paul Ciry Council on Tuesday, April 16, 1996 to hear testimony and evidence, and after receiving testnnony 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, safery and welfare and remove its blighting anfluence on the community by rehabilitating this structure in accordance with all applicable codes and ordinances, or in the altemative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be compieted 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, April 24, 1996 and the testnnony and evidence including the action taken by the I.egislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, 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 Property at 826 Payne Avenue: l. That the Subject Property comprises a nuisance condition as defined in Saint Paul L,egislative 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 Propertp. 4. That an Order to Abate Nuisance 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 posted a placard on the Subject Property which declazes 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. �� ^;3P, i; b t�4 �,, ; t , i E..l E i`v e 1 i_. ORDER The Saint Paui City Council hereby makes the following order: q�-430 i. 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 zehabilitating 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 demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabifitation or demolition and removal of the structure must be completed within days after the date of the Council Hearing. -�� v�- �5 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, fiil 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 personai 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 L,egislative Code. Requested by Department of: By : J (/C�/.C� ��Z�---- Adopted by Council: Date �' �y \9 9 f Form Approved by City Attorney � y� r Adoption CertiEied by Council Secretary 81 � ��i�� 3�ZK/�6 By Appz By: by Mayor for Submission to �� C,� 9`-430 `� DEPA�H�iTCFF� a�th� 3 2 DA9T6EINITIATEO GREEN SHEET N_ 33891 INIT�qVDATE INITIAVDATE CONTACT PERSON ffi PXONE �DEPARIMENT DIRECTOR ITY CAUNGIL Charles Votel 298-4153 ASSIGN CRYATTORNEY �(.'N ��,X ( CIT'CLERK XUYBEfl FON MUSTBEONCQUNCILAGENDA�I!!r pp�� O U�GEC�IRECipR OFlN.BMGCSERVtGE507A. April 24 � 1996 OPOER MAVOR (ORASSISTANij O TOTAL # OF SIGNATIIRE PAGES (CL1P ALL LOCATIONS FOR SIGNATURE) ACTION REOUESTEO: 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, Pvblic Aealth is ordered to remove the building. The subject property is located at 826 Payne Avenue. RECOMMENDA710NS: npprave (A) or Reject (F) pERSONAL SERVICE CONTBACTS MUS7 ANSWEB THE FOLLOWIN�OYE�ld�S: _ PLANNING COMMISSION _ CIVIL SERVICE COMMISSION 1. Has ihis persoNFirm ever worked under a cnntrect for this tlepartmeM? � _ YES NO l�iVP�3 � p �fiC1C _CIBCAMMITTEE 1 Fii1 �3U — STqFF 2. Has this person/firm ever been a ciry employee? � — YES NO _ DISTRIC7 COUFii — 3. Does this pereon/firm possess a skill not normall SUPPOflTSWHICHCOUNpLO&1ECTIVE? YES NO YPossessetlb��'�lU�fr�mmeiryremployee? Explain all yes answers on separete sheet antl attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, Whet, When, Where. Why): This building(s)� is a nuisance building(s) as defined in Chapter 45 and a vacant building as define& 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 826 Payne Avenue by July 31, 1995, and have failed to comply with those orders. ADVANTAGESIFAPPROVED: �� .�� The City will eliminate a nuisance. 'r'�IAR 26 1998 �� DISADVANTAGES IFAPPqOVED: 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. .-. ,. .;�,�;y��s �i''e�;a. i"."3 .._ .,,.. _.� o i s> � �: !"ti ., :i `c�:1� DISADVANTAGES IF NOTAPPROVEO: _....�. A nuisance condition will remain unabated in the City. Thi5 will continue to blight the community. TO7AL AMOUNT OF TRANSACTION $ ind2tEYmin3ble COST/REVENUE BUDGE7E0 (CIRCLE ONE) YES NO Nuisance Housing Abatement 33261 FUNDIWG SOURCE ACTIVITV NUMBER FINANCIAL INFORMATION: (EXPLAIN) SAINT PAUL PUBLIC HEALTH Nea! Holmn, hl.D., A2P.K, Direcror q�-43 0 CITY OF SAINT PAUL NUISA:\CE BUILDINGS CODE Norm Coleman, Mayor ENFORCEbfE47 JSi Cedar Sbeet Saint Pau( MN S�I01-?260 i March 22, 1996 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council 61?_�9g-{!i3 Saint Paul Public Health, VacantlNuisance Buildings Enforcement Unit has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance buildirig(s) located at: 826 Payne Avenue The City Council has scheduled the date of these hearings as follows: Legisiative Aearing - Tuesday, April 16, 1996 City Council Hearing - Wednesday, The owners and responsible parties of record aze: Name and Last Known Address State of Minnesota Trust Exempt 6208 Government Center West 50 Kello�g Blvd. West St. Paul, MN 55102 Interest Fee Owner � e'P - . _ ._:. .,, First Trust Legal Department, Ste. 495 350 Robert Street North St. Paul, MN 55101 hidgment Creditor r % ,Q S �. i 4a o .� . - Ann P. Hipp Judgment Creditor 195 Bast Fifth Street Apt. 504 St. Paul, MN 55101 ��-y3o 826 Payne Avenue Mazch 22, 1996 Page 2 Name and Last Known Address Valley Paving Inc. 8800 13th Avenue East Shakopee, MN 55379 Curt Potts (Currency Exchange) 981 Payue Avenue St. Paul, MN �5101 John & Gloria Matsoiz 3602 Gershwin Lane Oakdaie, MN 55128 Midwest Special Services 900 Ocean Street St. Paui, MN 5�106 G & K Services 1299 Eagan Industrial Rd. Eagan, MN 55121 Sherry Webb 100 East llth Street St. Paul, MN 35101 Interest Judgment Creditor Judgment Creditor Previous Contract for Deed Holder Pre�rious Tenant Previous Tenant (Current Site Clean-up) Fire Prevention q�-�t3o 826 Payne Avenue ivfarch 22, 1996 Page 3 Name and Last Known Address Sandra Beck MPCA Ground Water and Solid Waste Division 520 Lafayette Rd. North St. Patiil, MN 55155-4194 East Side Neighborhood Development Co. 907 Payne Avenue St. Paul, MN 55101 Payne Phalen District 5 Planning Council 1014 Payne Avenue St. Paul, MN 55101 Attn: Sue Vannelli The legal decription of this property is: Interest Minnesota Pollution Control Agency Neighborhood Citizen Group Neighborhood Citizen Group Lot 8, Except the West 80 feet, all of Lots 9 to 14, inclusive, Chas. Weide's Subdivision of part of Block 45 Arlington Hills Addition to Saint Paul, togeflier with vacated alley accruing to Lots 13 and 14. City of Saint Paul Public Health has declared this buildin�(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 mtisance condition by con�ectine the deficiencies or by razing and reinoving this building(s). �t�-y3o 826 Payne Avenue Mazch 22, 1996 Page 4 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 flle 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. S�ncerely, d f�� '��.� �� Chazles A. Votel Program Supervisor Code Enforcement Programs Saint Paul Public Health CAV:mI cc: Jan Gasterland, Buildin� Inspection and Design Philip Miller, City Attomeys Office Nancy Anderson, Assistant Secretary to the Council Steve Zaccard, Fire Marshall Dan Pahl, PED-Housin� Division 01-93 °I G-y3o Report Apri116, 1996 Page-2- Resolution ordering the owner to remove or repair the referenced building, located at � Almond Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. � � Resolution ordering the owner to remove or repair the referenced building, located at 826 Pavne Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended lay over to June 18, 1996 Legislative Hearing. 7. Resolution ordering the owner to remove or repair the referenced building, located at 682 Fuller Avenue. If the owner fails to comply with the resolution, Public Fiealth is ordered to remove the building. Legislative Aearing Officer recommended the owner be granted six months to repair the building if a code compliance inspection is completed, a$2,000 bond is posted and the appropriate permits are obtained by Wednesday, Apri124, 1996. MINUTES OF LEGISLATIVE HEARING �� l 3 O April 16, 1996 Room 330, City Hall Gerry Strathman, Legisiative Hearing Off3cer STAFF PRESENT: Chuck Votel, Public Heaith; Guy Willits, Public Health; Roxanna Flink, Real Fstate Kathy Ries, Real Estate Gerry Strathman, Legislative Hearing Officer, called the meeting to order at 10:05 a.m. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following (Laid over from the Aprii 2, 1996 Legislative Heazing): 81 S. Cleveland Guy Willits, Public Health, stated that the tenant at this properry had contacted his office and requested an additional lay over of this matter. Gerry Strathman, Legislative Hearing Officer, denied the request for an additional lay over and recommended approval of the assessment. 301 Dayton Avenue Neii Scott, properry owner, appeared and stated that he had received a notice to remove two refrigerators from his properry. He had made arrangements with NSP to pick up the refrigerators, however, Public Health requested that the refrigerators be removed prior to when NSP could pick them up. He then made arrangements with a refuse hauler to pick up the zefrigerators the next day. Iie left a message with the inspector that the refrigerators would be picked up the next morning and that if this was not acceptable, to please let him know. The inspector never returned his call and Public Heaith removed the refrigerators that day. They also removed a stove which was not part of the order for removal and he contested them taking the stove. Mr. Votel reviewed the staff report and showed a video of the properry. Mr. Stratlunan recommended reducing the assessment to $40. 224 Bates Avenue Chuck Votel, Public HeaIth, stated that this was an emergency boarding issued by the police to have the building secured. Public Health failed to notify the property owner of the pending assessment after the boarding. He requested the assessment be deleted. Mr. Strathman recommended deleting the assessment. 2. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following (referred by Council on April 10, 1996 to Legislative Hearing}: Legislative Hearing April 16, 1996 Page-2- 2199 E. Minnehaha Avenue Mr. Votel reviewed the staff report and showed a video tape of the property. The properry owner did not appear, however, the interpreter was present to communicate on behalf of the owner. Recommendadon was for approval of the assessment, Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the following: J96041B—Boarding up of vacant buildings for November, 1995 796042B—Boarding up of vacant buildings for December, 1995 J9604C—Demolition of vacant buildings for January, 1996 1520 C�eld Avenu� No one appeazed; recommendation was for approval. 63 Front Avenue No one appeared; recommendation was for approval. 1980 W. Seventh Street Mr. Willits reviewed the staff report and showed a video of the property. Margaret Pena, resident properiy manager of the apartment complex, appeared and stated she had received an order to clear and widen the sidewalk from snow. She immediately contacted the person in charge of maintenance and he went out and cleared the sidewalk. The problem she had encountered is that when the plows weut by, they threw saow and ice back on ta the already cleared sidewatk. Mr. Strathman requested to review the video of the properry again. It was his conclusion that the snow which was removed from the sidewalk was nof new snow as the streets were clear from any snow and it appeared tfiat there was only a narrow path for pedestrians to walk through on the sidewalk. He recommended approval of the assessment. Roxanna Flink, Real Estate, stated that this assessment had been ratSfied by the City Council on April 10, 1996. 1478 Sherburne Avenae Mr. Votel stated that this was an emergency boarding issued by the police to have the building secured. Public Health failed to norify the properiy owner of the pending assessment after the boarding. He requested the assessment be deleted. Legislative Hearing April 16, 1996 Page - 3 - Mr. Strathman recommended deleting the assessment. q `-y 30 4. Resolution ordering the owner to remove or repair the referenced building, located at 87 King Street East. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Mr. Votel reviewed the staff report. The owner had posted a bond and had a code compliance inspection completed. There was concern that the owner was conducting a business in the building and an order to vacate was issued to cease any operation of a business in this building. Dan Diebel and Clint Raabe, properry owners, appeazed and stated that it was their intention to continue repairing the building with a completion date of September 14, 1996. He pointed out that the building was not presently occupied. He was concerned, however, with the proposed cost to repair the building esrimated by Public Health. Mr. Votel stated that the estimate to repair the building was an inconclusive figure estimated by the inspector. Mr. Strathman recommended tbat the owner be allowed to continue with the repairs to the building to be completed by September 14, 1996. Resolution ordering the owner to remove or repair the referenced buiiding, located at 1554 Aimond Avenue. If the owner faiis to comply with the resolution, Public Health is ordered to remove the building. Mr. Votel reviewed the staff report. No one appeared; recommendation was for approval. 6. Resolution ordering the owner to remove or repair the referenced building, located at 82b Pavne Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Mr. Votel reviewed the staff report. The building was a large commercial building which had been vacant since 1992. The current property owner was the State of Minnesota Trust Exempt. The building had been a problem in the neighborhood and he recommended demolition. Brett Larson, Ramsey County Tas Forfeited Properties, appeared and stated that the property would be piaced for auction in June, 1996. There currenfly were four parties interested in purchasing the building. He requested that the building not be demolished. Mr. Strathman questioned whether the building was secure. Mr. Larson responded that he was recently made aware that there was a hole in one of the doors which he planned to have boarded immediately. Kim Hunter, East Side Neighborhood Development Corporation and Payne Arcade Business Association, appeared and stated that the neighborhood had been dealing with this blighted building for quite some time and it was their request to have the building demolished to make way for new construction. They were L.egislative Hearing April 16, 1996 Page - 4 - concemed the building would be reused as an inappropriate use for this neighborhood. She aIso pointed out that the building was easily accessible and transients had lived in the building, juvenile crime was prevalent and it had been an overall problem in the neighborhood. Mr. Strathman stated that he could understand the concerns of the neighborhoot3, however, demolition of the building would create a loss to the taxpayers since there were potential buyers interested in purchasing the building. He recommended this matter be laid over to the 7une 18, 1996 Legislative Hearing. 7. Resolution ordering the owner to remove or repair the referenced building, located at 2 F ller Avenue. If the owner fails to comply with the resolution, PubIic Health is ordered to remove the building. Mr. Votel reviewed the staff report. The building had been condemned since 7uly, 1993. A code compliance ha8 been done on the property in September, 1993 and in Ianuary, 1994 a permit was issued to make repairs to the building, however, that permit had expired. Ken Cobb, properry owner, appeared and stated that his father fiad owned the building and was now deceased. His intetttion was to repair the building. Mr. Stratbman stated that he would grant a six month extension to repair the building if he posted a$2,000 bond, had a code compliance inspection completed and obtained the necessary permits by the Council meeting on VTednesday, Apri124, 1996. Mr. Votel requested that the property at 833 Selby Avenue be laid over to the May 7, 1996 Legislative HE2T1IIa. Mr. Strathman recommended lay over. Meeting adjourned at 11:05 a.m. L.egislative �azing Officer