96-652QRI���,I,f��
Presented
Referred To
Couacil Fi2e
Green Sheet
OF SAINT PAUL,/MINNESOTA
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WHF.REAS, Saint Paal Pu�li� J.-Iealth has requested the City Couxil to Hold public hearings
to consider t3ie ad�>isabiliry and necessity of orderin; the repair or wreclQng and xemoval of a one-
s*_ory�, u+ood frzme dwellina and single-t�ehicle, wood frame garagc located on property heremafter
refer[ed to as [he "Subject Px�perty" and cemmonly lmown as �U Atwater Sh2et_ This property is
legslly descn�bed as follows, to wit
Lots 8 and 9 except the Souh 25 feet thereof, Bloek 4, Lockey's Addition to the City
af Saint Pau1_
W7iEREAS, based upon the records in the Ramsey County Recorder's Office and
informaiion obtained by Saint Paul Pubiic Health oa or before .April 8, 1996, the following are the
�w known mtsrested or responsible pames P�r che Subje�t Pxoperry: l.awrence A. Wilford, 7ames
A. Geske, 7�eonard, O'Brien, vJilford, Spencer & Gale, LTD., 8DQ Nozwest Center, Si. P2til, MN
SSifll, re: 40 Atwater Screet; CaImco, Inc., 301 Comgress Avenue, Austin TX 78701, Aun: Betsy
Doss; 7�n P,ngle, Realty Aouse, SI2Q Fdi�ua Indusrrial Blvd., Mpls_, MN 55439; BEIS
Coipoxation, Inc., i053 North Dale SOCec:c, Sc. Paul, MN 55117, Attn: Bernie Battle; Idorwest
Mortgage, 2051 Killebrew Drive, Blooming[on, MN 55479-2549, Attn: Salfy Berdt.
WHEREAS, Saint Paul Public I�ealth has served ia accordance widr the grovisions of
Chagter 45 of tbe Saint Paui LcgisIatve Code an order identified as a� "Order to Ahate Nuisance
Suilding(s)" dated ApziI 3, 199fi; a�
VVE�R�,AS this or3er informed the then i�own inierested or tesponsibte pazties thai tbe
stmcture located oa t� Subject Pioperty is a*��;«nsr buiiding(s} pursuarn to Chapter 45; and
WHERFA.S, this oider iffformed the interested or responsible parties that they must repai� or
demolish the saucture located on the S�bjeci Pcoperry hy May 3, 1996; and
WI�EREAS, the enfor,.ement offiCer has posted a pl2caz'd oa tbe Subject Property declariag
this buiidxz�g(s) to constitnte a im.ieance cpnditian; subject to demolition; and
WI�R�AS, Lhis nuisance condition has not been cArrected and Saint Paui Public Health
requested that tbe City Clerk schedule public hearings before the Legisiative fTearing O�cer of the
City Council and ths Saint Paui City Council; a�d
'4VE�I2EAS, rhe interested ax3c[ responsible parties have been served notice in acwrdaace
with the pzorxsions of Cbapter 45 of the Saint Paui Legislative Ccxie, of the time, date, place and
purpose of the public heatings; and
�!G-Ls�,
WHEREAS, a hearing was held before the L,egislative Hearing Officer of the Saint Paul City
CouncIl on Tuesday, June 4, 1996 to hear testimony and evidence, and after receiving testimony and
evidence, made the recommendation to approve the request to order the interested or responsible
parties to make the Subject Property safe and not detrunental to the public peace, health, safety and
welfare and remove its blighting influence on the communiry by rehabilitating this structure 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 rehabilitation or
demolition of the structure to be completed 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, June 12,
1996 and the testunony 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 40 Atwater Street:
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
three thousand dollars ($3,000.00).
3. That there now exists and has existed multipie Housing or Building code violations at
the Subject Property.
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 declares it to
be a nuisance condition subject to demolition.
7. That this building has been routinely monitored by the VacandNuisance Buildings
Code Enforcement Program.
8. That the known interested parties and owners are as previousiy 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 detrnnental to the public peace, health, safety 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 appiicabie 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 and removal of the structure must be completed within £ifteen (15) days after the
date of the Council Hearing.
2. If the above corrective action is not completed within this period of tune the City of Saint
Paul, Pubiic Heaith, 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
shali be removed from the property by the responsible parties by the end of this tune period.
If all personal property is not removed, it shall be considered to be abandoned and the Ciry
of Saint Paul shall remove and dispose of such properry 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 Legislative Code.
Requested by Department of:
BY � / ( •�Lf�L ��7' 6�-"1�---
Form Approved by City Attorney
By: �� 1� "' Wt�l � 6 .Mq� 9�
B �'� � npproved by Mayor £or Submission to
� Council
Approved by May . Date __ �j_' l�_ r ��� / � ,��
_ T _
By:
� ��_,�?S I,I�"") B�'' ! "�' � i 'IiN•QE%ITj
Adopted by Council: Date �i���\1
C�
Adoption Certified by Councit Secretary
Public Aealth
Charles Votel 298-4153
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GREEN SHEET
�EPApTMENTOfRECTOR
CI7YAT(ORNEY �„M ,{ �b
BU06ET DIRECTO
June 12 , 1996 �J """""' """"""'"•,,
TOTAL # OP SIC�NATURE PAGES j (CLIP ALL LOCA710NS FOR SIGNATURE)
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N_ 33954
CRYCOUNqL
CINCLEfiK
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wmawaTe
City Covncil to pass this resolutian which will order the owner(s? to remove or repair the
re£erenced 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 40 Atwater Street.
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,_ PLANNING COMhllSS10N _ CIV SERVICE CAMMISSION
__ CIB COMMITTEE ��y •�����
_ STAFF
_ DISTRICTCAURT ..�� �O ���
SUPPOPTS WHICN COUNCIL O&IECTIVE4
�? ".�€��'S t`?=''F�iE
PERSONAL SERYlCE CON7RAC7S MUST ANSWER TNE FOLIOWING QUESTIONS:
1. Has ihis persoMirm ever worked u�tler a comracl for thfs tlepartmenM -
YES NO
2. Has this persoNfirm ever been a city employee?
YES NO
3. Does this person/firm possess a skill not nortnatly possessed by any curtent city employee?
YES NO
Explain all yes answers on separete sheet enO attach ro green sheet
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This building(s)' is a nuisance buil ing(s) as defined in Chapter 45 and a vacan£ 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 40 Atwater Street by May 3, 1996, and have failed to
comply with those orders.
0.NTAGESIFAPPROVEO�
The City will eliminate a nuisance.
The�City spend funds to wreck and remove this building(s). These costs will be
assessed to the property, collected as a speciaZ assessment against the property taxes.
tOVANTAGES IF NOTAPPROVEO'
A nuisance condition will remain unabated in the City. This building(s) will continue to
blight the community.
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TOTALAMOUNTOFTRANSACTION $ $6, ODO - $8, 000
Nuisance Housing Abatement
FUNDIfdG SOURCE
FINANCIAL INFORMATION: (EXPlA1N)
COSTIREVENUE BUDGETED (CIqCLE ONE) VES NO
33261
ACTIVI7Y NUMBER
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Date: June 4, 1996
Time: 10:00 a.m.
Place: Room 330 City Hall
15 West Ke2logg Boulevard
LEGISLATIVE HEARING
Gerry Strathman
L,egislative Aearing O�cer
1. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the
foilowing (Iaid over from May 7, 1996 I.egislative Heuing}:
854 Lawson Avenue {74605AA}
1950 W. 7th Street (39605A)
Legislative Hearing Officer rernmmended approval.
2. Resoluuon rarifying assessment of benefits, costs and expenses for summary abatements for the
following:
J9606B--Boar�cling up of vacant buildings for 7anuary, 1996
79606C--Demolition of vacant buiidings far February, 1996
Legislative Hearing Qf�cer recommended approval.
Resolutian ordering the owner to remove or repair the referenced building, located at 1116
Margaret Street. If the awner faiis to compiy with the resolution, Public Health is ordered to
remove the building.
Legislative Hearing Officer recammended approval.
Resolution ordering the owner to remove or repair the referenced building, located at 40 At�
eet. If the owner faiis to comply with the resolution, Public Heaith is ardered to remov�
building.
Legisiative Hearing Officer recommended the owner be granted 180 days to bring the
into compliance provided a$2,000 performance bond is posted and permits are ob "
Wednesday, June 12, 1996.
Resolution ordering the owner to remove or repair the referenced building, located at 67
Avenue. If the owner fails to comply with the resolution, Public Health is ordered to
building.
Legislative Hearing Officer recommended approval.
MINUTE3 OF LEGISLATIVE HEARING i� G S.Z
June 4, 1996
Room 330, City Hall
Gerry Sfrathman, Legislative Hearing Officer
ST?.FF PRESENT: Chuck Votel, Public Health; Guy Willits, Public Health; Roxanna Fiink, Real Estate;
Cathy Ries, Real Estate
Gerry Strathman, I.egislative Hearing O�cer, called the meeting to order at 10:00 a.m.
Resoiution ratifying assessment of benefits, costs and expenses for summary abatements for the
following (Laid over from May 7, 1996 I.egisiative Hearing):
854 Lawson Avenue
Gny Wiliits, Public Heaith, reviewed the staff report and showed a video of the property.
Jeff Rauscl�aot, properry awner, appeared and stated that he was empioyed as a long-haui trucker during
the winter and had rented his house to a friend during his absence. He was unaware that orders had been
issued to clean the sidewalk of snow and ice. When he returned, he discovered that his friend had faile�
to maintain his house and property and that this persan was no longer living at his residence. H�
requested that he not be obligated to pay the assessment since he had no knowledge that he had receive
the order.
Mr. Stratlunau stated that since legal notice had been sent and the work had been done, he could not del�
the assessment. He recommended approval.
1950 W. 7th Street
No one appeared; recommendation was for approval.
2. Resolution rati£ying assessment of benefits, costs and e�enses for summary abatements fo�
follawing:
J96Q6B--Boarding up of vacant buiidings for 3anuary, 1996
J9606C--IIemolition of vacant buildings for February, 1996
�2 James Avenue
No one appeared; recommendation was for approval.
3. Resoiution ordering the owner to remove or repair the referenced buiiding, located
Margaret Street. If the owner faiis to compiy with the resolution, Public Aealth is arr
remove the building.
Chuck VoteI, Public Health, reviewed the staff reporc.
Legislative Hearin,gMinutes
June 4, 1996
Page-2-
No one appeared; m�ommendation was for approvai.
4. Resolution �dering the owner to remove or repair the referenced building, located at 44 Atwater
Street If t�e owner fails to comply with the resoluuan, Public Heatth is ordered to remove the
building.
Pvlr. Votel reviewe6the staff report. T'he city had boarded the building and had issued eight suuvnary
abatement notices a the past and condemned the building in 5eptember, 1995. He stated that a code
compliance inspecE�oa had been done on Aprii 23, 1996.
Jim Geske, attorney tepresenting Banker's Trust, appeared and stated that tbey had entered into a purchase
agreement with No�ern Homes to purchase the property. They planned to close on the property within
the week. They w� requesting that the new owner be given 90 days to repair the buiiding.
Mark Mvrnane, rep�eserning Northem Homes, appeared and stated that it was their intemion to purchase
the property and l�e the repairs to the building completed within 90 days.
Mr_ Strathman recommended that the owner be granted 180 days to bring the building into compliance
provided a$2,000 paformance bond was posted and permits were obtained by Wednesday, June 12, 1996.
5. Resolution �dezing the owner to remove or repair the referenced buildin�, located at 674 '
Avenue. If�fie owner fails to comply with the resolution, Public Health is ordered to remove the
building_
Mr. Votel revieweg the staff report.
No one appeared; Fesommendation was for approval.
6. Resolution aderin� the owner to remove or repair the referenced building, located at 654 Thomas
Avenue. if �e owner fails to comply with the resolution, Public Heatth is ordered to remove the
building.
Mr. Votel reviewedthe staff repart_
Vo one apgeazed; r�ommendation was for approval.
. Resolution cadering the owner to remove or repair the referenced building, located at 1Q56 Reaaey
Avenue. If �e owner fails to comply wiffi the resolution, Fublic Health is ordered to remove the
building_
r. Vote2 reviewed the staff report.
ith Ailmes appea�zd and stated that the property was formerly her parents home and was sold in 1980.
ras her desire to iave her name removed from the tax records and allow the building to groceed with
iolition.
Legislative Hearing Minutes
7une 4, 199b
Page - 3 -
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Mr. Voiei read the names of the responsib2e parties of record and there was no indication that her name
was inciuded in this record.
Mr. Strathman stated that he did not have the authority to ciear issues af title. He then explained the
process on the order for demolition and recommended approval.
8. Resolution ordering the owner to remove or repair the referenced buiIding, located at 70 ame
Avenue. If the owner faits to comply with the resolution, Public Health is ordered to remove the
building.
Mr. Votel reviewed the staff repart. In April, 1996 an order to abate the nuisance building was issued.
The owner had since obtained a code compliance, posted the $2,000 performance bond and obtained the
necessary permits. It appeazed that the owner was in the process of rehabilitating the building and he
recommended amending the resolurion to a11ow 180 days to make the necessary repairs.
Mr. Strathman recommended that the resolution be amended to ailow the owner 180 days, October 2�
1996, to complete repairs to the building as a code compliance inspection had been completed, the $2,0�
bond had been posted and building permits had been obta�. `�,
Meeting adjoumed at 10:30 a.m.
L,egislative Hearing Of�icer
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CIiY Of SAINT PAUL
Norm Cotemart. Mayor
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May 10, 1996
NOTICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
SAtNT PAUI PUBUC HEAL7H
Nea1 Holtart MD.. MP.N.. Director
NU1SdNCE BUILDLVGS CODE
ENFqRC£MEAT
SSS Cedar Street
Saint Pau( MN 55101-1260
672-298-4153
Saint Paul Public Health, Vacant/Nuisance Buildings Enforcement Unit has requested the
City Council schedule public heazings to consider a resolution ordering the repair or
removal of the nuisance building(s} located at:
4Q Atwater Street
The City Council has scheduled the date of these heazings as follows:
Legislative Hearing - Tuesday, June 4, 1996
City Council HearinD - Wednesday, June 12, 1996
The owners and responsible parties of record aze:
Name and Last Known Address
Lawrence A. Wilford, James A. Geske
Leonard, O'Brien, Wilford, Spencer &
Gale, LTD.
800 Norwest Center
St. Paul, MN 55101
re: 40 Atwater Street
Interest
Attorney for Mortgagee
Catmca, Inc.
301 Congress Avenue
Austin, TX 78701
Attn_ Betsy Doss
Fee Owner
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40 Atwater Street
May 10, 1996
Page 2
Name and Last Known Address
3im Angle, Realty House
5120 Edina Industriai Blvd,
Mpls., MN 55439
BELS Corparation, Inc.
1053 North Dale Street
St. Paul, MN 55117
Attn: Bernie Battle
Norwest Mortgage
2051 Killebrew I?rive
Bioomington, MN 55479-2>49
Attn: Sai1y Berdt
The legal description of this properiy is:
Interest
Reai Estate agent for Calmco
Mortgagee
Mortgagee
Lots 8 and 9 except the South 25 feet thereof, Block 4, Lockey's Addirion to
the Ciry of Saint Paul.
City of Saint Paui Pubiic Health has declared this building(s} to constitute a"nuisance'
defined by Legislative Code, Chapter 4S. Public Health has issued an order to the th
known responsibie parties to eliminate this nuisance condition by coneciing the defic
or by razing and removing this building(s).
E
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40 Atwater StreeY
May I0, 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 blighring influence of this property. It is
the recommendation of Public Health that the City Councit gass a resolution ordering the
responsible parties to either repair, or demolish and remove this building in a tunely
manner, and failing that, authorize Public Health ta proceed to demolition and removal, and
to assess the costs incurred against the real estate as a speciai assessment to be coilected in
the same manner as taxes.
Sincerely,
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Chazles A. Votel
Program Supervisar
Code Enforcement Programs
Saint Paul Public Health
CAV:mI
cc: Jan Gasterland, $uilding Inspection and Design
Philip Miller, City Attarneys Office
Nancy Anderson, Assistant Secretary to the Council
Steve Zaccard, Fire Mazshail
Dan Pahl, PED-Housing Division
01-93