96-538� _ �-' � �,(,�, � � ,� S8'
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RESOLUTION �,,
CITY OF SAINT PAUL, MiNNESOTA �,<'�
Presented By
Referred To
Committee: Date
WHEREAS, Saint Paul Public Health has reque ed the City Councii to hold public hearings
to consider the advisability and necessity of orderin e repair ar wrecking and removai of a
complex of brick, concrete and steel buildings wit approximately twenty-seven (27) empty storage
tanks located on property hereinafter referred to s the "Subject Property" and commonly known as
275 Commercial Street. This property is lega described as follows, to wit:
Lot 2, Biock 1, Commercial
WHEREAS, based upon the re rds in the Ramsey County Recorder's Office and
information obtained by Saint Paul blic Health on or before July 31, 1995, Yhe fallowing are the
now known interested or responsib parties for the Subject Property: Radium Petroleum Company,
1633 Marsh Street, Kansas City O 64126-2947; Industrial Service Corp., 1633 Marsh Street
South, Kansas City, MO 641 -2947; Chris Basher, Tanks and Spills Section, MPCA, 520 `�
Iafayette Road, St. Paul, M 55155.
WHEREAS, Sain aul Public Health has served in accordance with the provisions of
Chapter 45 of the Sain aui Legislative Code an order identified as an "Order to Abate Nuisance
Building(s)" dated Ju 24, 1995; and
WHEREA this order informed the then known interested ar responsible parties that the
structure locat on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and
WHE AS, this order informed the interested or responsibie parties that they must repair or
demolish t structure located on the Subject Property bp August 11, 1995; and
HEREAS, the enforcement officer has posted a placard on the Subject Property declaring
this b' ding(s) to constitute a nuisance condition; subject to demolition; and
WHfiREAS, this nuisance condition has not been corrected and Saint Paul Public Health
r uested that the City Cierk schedule public hearings before the Legislative Hearing Officer of the
ity Council and the Saint Paul City Council; and
WHEREAS, the interested and responsible parties have been served notice in accordance
with the provisions of Chapter 45 of the Saint Paul I.egislative Code, of the time, date, place and
purpose of the public hearings; and
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WHEREAS, a hearing was heid before the I,egislative Hearing Officer of the Saint Paui City
Council on Tuesday, April 2, 1496 to hear testimony and evidence, and after receiving testimon
and evidence, made the recommendation to approve the request to order the interested or resp ible
parties to make the Subject Froperty safe and not detrimentai to the public peace, health, sa and
welfare and remove its biighting influence on the community by rehabilitating this structu in
accordance with all applicable codes and ordinances, or in the alternative by demolish' and
removing the structure in accordance with all applicable codes and ordinances. The habilitation or
demolition of the shucture to be completed within fifteen (15) days after the date the Council
Hearing; and
WHEREAS, a hearing was held before the Saint Paul City Cot
1996 and the testimony and evidence Sncluding the action taken by the
was considered by the Council; now therefore ,
Wednesday, April 10,
tive Hearing Officer
BE IT RESQLVED, that based upon the testimony and ev' ence presented at the above
referenced public hearings, the Saint Paul City Council hereby opts the following Findings and
Order concerning the Subject Property at 2�5 Commercial S et:
i. That the Subject Properiy comprises a nuis ce condition as defined in Saint Paul
L.egislative Code, Chapter 45.
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That ihe costs of demolition and r�
three thousand dollazs ($3,0OO.OQ)
That there now exists and has
the Subject Property. �'
of this building(s) is estimated to exceed
multiple Housing or Building code violations at
4. That an Order to Abate uisance Building(s) was sent to the then known responsible
parties to eorrect the ficiencies ar to demolish and remove the building(s).
S. That the deficien ' s causing this nuisance condition have not been conected.
6. That Public alth has posted a placard on the Subject Property which declares it to
be a nuis e eondition subject to demolitian.
7. That tt� buiiding has been routinely monitored by the Vacant/Nuisance Buildings
Code�nfarcement Program.
8. T t the known interested parties and owners are as previously stated in this
solution and that the notification requirements of Chapter 45 have been fulfilled.
ORDER
The Saint Paul Ciry Council hereby makes the following order:
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1. The above referenced interested or responsibie parties shali make the Subject Property safe
and not detirimental to the gublic peace, health, safery and welfaxe and remove its blighti
infiuence on the community by rehabilitating this structure and correcting all deficien ' s as
prescribed in the above referenced Order to Abate Nuisance Building(s) in accorda e with
ail applicable codes and ordinances, or in the altemative by demolishing and re ing the
structure in accordance with all apglicable codes and ordinances. The rehabili tion or
demolition and removal of the structure must be completed within fifteen (1 days after the
date of the Council Hearing.
2. If the above corrective action is not completed within this period of f e the City of Saint
Paui, Public Health, Housing Code Enforcement Secuon is hereb authorized to take
whatever steps are necessary to demolish and remove this struc e, fill the site and charge
the costs incurred against the Subject Property pursuant to the rovisions of Chapter 45 of
the Saint Paul Legislative Code.
3. In the event the buiiding is to be demolished and rem ed by the City of Saint Paui, ail
personal property ar fixtures of any kind which int ere with the demolition and removal
shall be removed from the property by the respo ible parties by the end of this time period.
If all personal property is not removed, it shal e considered to be abandoned and the City
of Saint Paul shall remove and dispose of s property as provided by law.
4. It is further ordered, that a copy of th�esolution be mailed to the owners and interested
parties in accordance with Chapter �;, of the Saint Paul Legislative Code.
Requested by Department of:
�Y= L�,O ��s�-�_
Adopted by Council:
Adoption Certified
By:
Porm Approved by City Attarney
te
Council Secretary $Y: �����y� � jZc
[
Agproved by M�or: Date
By:
Approved by Mayor for Submission to
Council G%i
g�, G �
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Public Health
298-4153
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GREEN SHEET
CITYATTORNEY SW
BUDCaEfDIRECTOR
MAYOfl (OR ASSfSTA1Jn
TOTAL # OF SIGNATURE PAGES � (CLIP ALL LOCAT{ONS FOR SIGNATURE)
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N_ 33886
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FIN. & MGT. SERVICES DIfl.
CiCy to pass this resolution which will order Che owner(s) to remove or repair the
referenced building(s). If the ovmer fails to comply with the resolution, Public Iiealth
is ordered to remove the building. The subject property is located at 275 commercial
Street.
Aawave (Al
_ PLANNING COMMiSS10N _ CIVIL
_ Cle WMM[TTEE _ _
_ STAFF _ _
_ OISTRICf CpURT __ ,_
SUPPORT$ WHICN COUNCIL OBJECTIVE?
PERSONAL SERVICE CONTRACTS MUST ANSWER TNE FOLLOWING �UESTION5:
1. Has this persontFirm ever worked uncler a Wnhact Wr this AepartmaM? �
YES NO
Z Has this perso�rm ever 6een a ciry employee?
�ES NO
3. Does tbis personHirm possess a sktll npt normalty possessed try any cwrent city employee?
YES NO
Expleln all yes answers on separate sheet antl attaeh to green sheet
IITIATING PROBLEM, ISSUE.OPPORTUNITY(Who. Whet, WM1en. Where.Why)'
This buildin�(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 o,mers, interested
parties and responsible parties known to the En£orcement Officer were given an order to
repair or remove the building at 275 Commercial Street by August 11, 1995, and have failed
to comply with those orders.
The City will eliminate a nuisance.
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iF APPROVED:
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�AR 1 Z 1�95
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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.
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A nuisance condition will remain unabated in the City. This building(s) wi11 continue to
blight the community.
�OTAL AMOUNT OF TRANSACTION $ COSTiREVENUE BUDGETED (CIHCLE ONE) YES ' NO
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°UNDIHGS Ni�ic.anrP Noncina AbatemeIIt AC71VI7YNUMBEH 33261
INANCIAL INFORMATION' (EXPLAIN)
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Date: May 7, 1996
Time: 10:00 a.m.
Place: Room 330 City Hall
15 West Kellogg Boulevard
LEGISLATIVE HEARING
Cerry Strathman
I,egislative Hearing Officer
��i. Resolution ordering the owner to remove or repair the referenced building, located at Z
Commercial Street. ff the owner fails to comply with the resolution, Pubiic Health is
ordered to remove the building.
Legisiative Hearing Officer recomxnended the owner be granted 180 days to bring the
buildings into compliance provided a$2,000 performance bond is posted by
Wednesday, May 22, 1946.
2. Resoluuon ordering the owner to remove or repaiz the referenced building, located at 350
Goodrich Avenue. If the owner fails to comply with the resolution, Public Health is
ordered to remove the building.
Legislative Hearing Officer recommended the owner be granted until October 17, 1996
to repair the building since a code compliance inspection had been completed and the
$2,000 performance bond had been posted.
Resolution ratifying assessment of benefits, costs and expenses for summazy abatements for
the following:
39605A--Property clean up, snow removal andior sanding walks for January and February
1996.
833 Selby Avenue (J96042BB) laid over from Aprii 16, 1996 Legislative Heazing
Legislative Hearing Of�cer recommended approval with the following exceptions:
1238 Cleveland Avenue S(19605A) delete assessment
1762 Randolph Avenue (J9605A) delete assessment
1464 Summit Avenue (J9605A) delete assessment
854 Lawson Avenue (39605A) laid over to May 21, 1996 Legislative Hearing
1950 W. 7th Street (79605A) Laid over to 7une 4, 1996 Legislative Hearing
4. Summary abatement appeal for 224 N. Avon; Larry Alexander, properry owner.
Legisiative Hearing Officer recommended deleting the assessment.
D�NUTF.S OF LEGISLATIVE HEARIlVG � ` 's�
May 7, 199b
Room 330, City Hall
Gerry Strathman, Legislative Hearing Officer
STAFF PRESENT: Chuck Votel, Public Health; Guy Willits, Public Heaith; Roxanna Flink, Real Estate
Cathy Ries, Real Estate
Gerry Strathman, Legislarive Hearing Officer, called the meeting to order at 10:10 a.m.
�1 Resolution ordering the owner to remove or repair the referenced building, located at 27�
� Commercial Street. If the owner fails to comply with the resolution, Puhiic Aealth is ordered to
remove the building.
Chuck Votel, Public Health reviewed the staff report.
Susan Steinwall, attomey for property owners, appeared and stated that the owners intended to remove the
above-ground petroleum tanks within the next six months.
Chuck Crotry, potential buyer, appeared and stated that they were negotiating to purchase the property and
had signed a purchase agreement expressing that intent. The one condition they had was that the above-
ground storage tanks would need to be removed. He owned a construction company and intended to use
one or more of the buildings for storage and planned to possibiy demolish the remainder of the buildings.
Mr. Votel stated that the concem of Public Health was that the buildings were vacant and unoccupied
which caused a nuisance. E3e wouid agre� to amend the order to allow for 180 days to zepair or demolish
the huildings since there was a potential bnyer and poss9ble reuse for the buildings.
Gerry Strathman, Legislative Iieazing Officer, recommended the owner be granted 180 days to bring the
buildings into compliance provided a$2,000 performance bond was posted by Wednesday, May 22, 1996.
2. Resolution ordering the ownet to remove or repair the referenced building, located at �50 Goodrich
Avenue. If ffie owner faiis to comply with the resolution, Public Health is ordered to remove the
buildina.
Mr. Votel reviewed the staff report. A code compliance inspecuon had been compieted and the bond had
been posted on April 17, 1996. This wouid aliow the owner urnii October 17, 1996 to repair the building.
Larry Johannessohn, former property owner, appeared and stated that he was representing David Berres,
the contract owner. The properry had been sold on a contract for deed and was assumed by another
individuai who did nothing to improve the properry. The groperry was then deeded back to him and sold
to Dennis Weir.
Dennis Weir, current property owner, appeared and stated that he purchased the property in April, 1996
and had begun to rehab the building. It was his intention.to have the repairs completed within six months.
Mr. Strathman recommended the owner be granted until October 17, 1996 to repair the building since a
code compliance inspection had been completed and the $2,000 perfoimance bond had been posted.
Minutes of Legislative Hearing
May 7, 1996
Page - 2 -
Resoluuon ratifying assessment of benefits, costs and expenses for summary abatements for tfie
following:
J9605A--Property clean up, snow removaI and/or sanding waiks for 7anuary and February 1996.
8 elby�vertue (laid over from April 16, 1996 Legislative Hearing)
No-one appeazed; recommendation was for approval.
:s
No one appeared; recommendation was for approval.
9�1 Jessamine Avenue
No one appeazed; recommendation was for approval.
i;1 •
No one appeared; recommendation was for approvai.
1762 Randolph Avenue
Public Health recomtnended deleting ffie assessinent.
1464 Summit Avenue
Public I-Tealtli recommended deleting the assessment.
1041 Rean�, A� venue
Mr. Willits reviewed the staff report and showed a video of the property.
May Xion�, propertv owner, agpeared and szated ihat she was ouY of town when the notice was sent and
did not l�ow tkat the items needed to be removed.
Mr. Strathman stated that since the owner was allowed two months to remove the refuse and had not done
so, he recommended approving the assessment.
1094 Reaaev Avenue
Mr. Willits reviewed the staff report and showed a video of the property.
Susan Kabitz, properry owner, appeared and stated that she had removed the building materiats and refuse
as ordered in November. The remainin� items which were removed by Public Healtti were covered and
Minutes of Legislative Hearing q(� � J� 3 0
May 7, 1996
Page - 3 -
secured outside by the garage. She did not believe these items shou]d have been removed.
Mr. Stratbman stated that outside storage of any type was not permissibie in St. Paul. Since the notice had
been received and the work had been perfortned, he recommended approving the assessment.
106� Fnller Avenue
Mr. Willits reviewed the staff report and showed a video of the properry.
Andre Simmons and Peter McCariy, properry owners, appeared and stated that they were confused by the
order as it referred to clean up as well as snow removal. The only work that was done was removal of
refuse from their yard.
Roxanna Flink, Real Estate, gave an expianation concerning the notice that was sent to property owners
for summary abatement assessmenu.
Mr. Suathman recommended approval of the assessment.
1254 E. Third Street
No one appeared, recommendation was for approval.
436 Case Avenue
No one appeared; recommendation was for approval.
1710 Montreal Avenue
No one appeared; recommendation was for approval.
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Mr. Willits showed a video of the properry.
Lillian Derevitsky, property owner, appeared and stated that they had recently immigrated from anather
country. They were not aware that they were required to keep their sidewaik clear of snow and ice. They
did not move into the home until the end of December and she was not sure as to whether they had received
the natice.
Mr. Votel reviewed the file and stated that it indicated that the notice was sent to the previous owner rather
then the cunent owner.
Mr. Straihman stated that since the notice had not been received by the new owner, he recommended
deleting the assessment.
Minutes of Legisiative Hearing
May 7, 1996
Page - 4 -
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No one appeared; reeammendation was for approval.
Mr. Votel suggested laying over the foilowing properties: 854 Lawson and 1950 W. 7th.
Mr. Strathman tecomtnended laying over 854 I,awson to May 21, 1996 and 1950 ViT. '7th Street to 7une
4, 1996 Le�islative Hearings.
5ummary abatement appeal for 224 N. Avon; Larry Alexander, property owner.
Mr. VJilliYs reviewed the staff report and showed a video of the property.
I.arry Aler.ander, property owner, appeared and stated that the items thai were removed was new refuse.
He had taken the garbage that was ardered to be removed to a dump and he presented a receipi indicating
this action,
Mr. Strathman stated that after reviewing the records provided by the property owner, fie concurred that
the orders to remove the garbage had been complied with and he recommended deI g the assessment.
Ae cautioned the owner to keep the property free from further garbage a�i�efu�.�
Meeting adjourned at II:IO a.m.
Legislarive He�ring Officer
SAWT PAUL PUBUC HEAITH
Nea! Holtart, M.D., MP.H., Drreclor
CITY OF SAiNT PAUt NUISANCE B1;ILDINGS CODE
Norm Coteman, Mayor ENFORCE4fE.47'
SSS Cedar Sveet
Soint Paut. M.N 55101-2260
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March 8, 1996
NOTICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
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61?-198-4753
Saint Paul Public Health, VacantlNuisance Buiidings 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:
275 Commercial Street
The City Council has scheduled the date of these heazings as follows:
/�? 7
Legislative Hearing - Tuesday, A�rril-3
�r
City Council Hearing - Wednesday, -A}�Q, 1996
rv►a aa
The owners and responsible parties of record are: �
Name and Last Known Address
Radium Petroleum Company
1633 Marsh Street
Kansas City, MO 64126-2947
Interest
Fee Owner
Industrial Service Corp.
1633 Marsh Street South
Kansas City, MO 64126-2947
Chris Basher
Tanks and Spilis Section
MPCA
520 Lafayette Road
St. Paul, MN 55155
Ta�payer
Minnesota Poliution Control Agency
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275 Commercial Street
Mazch 8, 1996
Page 2
The legal description of this property is:
Lot 2, Block 1, Commercial Street Addition.
City of Saint Paul Pubiic Health has declazed ihis 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).
Inasmuch as this Order to Ahate 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 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 taaces. �
Sincerely,
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Chazles A. Vote1
Program Supervisor
Code Enforcement Programs
Saint Paul Public Health
CAV:ml
cc: Jan Gasterland, Building Inspection and Design
Philip Miller, City Attorneys Office
Nancy Anderson, Assistant Secretary to the Council
Steve Zaccazd, Fire Mazshall
Dan Pahl, PED-Housing Division