96-659��
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� Council File # 9G-G59
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RESOLUTION •
CITY OF SAINT PAUL, MINNESOTA �
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Presented By
Referred To
Committee: Date
WHEREAS, Saint Paul Public Health has requested the City Council to hold pnblic hearings
to consider the advisability and necessity of ordering the repair or wrecking and removal of a three-
story, wood frame, multi-unit building located on property hereinafter referred to as the ° Subject
Property" and commonly known as 674 Sims Avenue. This property is legally described as follows,
to wit:
Lot 7, Block 27, Joseph R. Weide's Subdivision of Block 27, Arlington Hills
Addition to St. Paul.
WHEREAS, based upon the records in the Ramsey County Recorder's Office and
information obtained by Saint Paul Public Heaith on ar before April 2, 1996, the following are the
now known interested or responsible parties for the Subject Property: Warren J. Marshall & Richard
Wagner Sr., 873 Tatum Street, St. Paul, MN 55104; Steven R Nelson, 674 Sims Avenue, St. Paui,
MN 55106, (L,ast known address); Associates Industrial Loan Co., 5951 Earle Brown Drive,
Brooklyn Center, MN 55430; Twin Cities Auto Credit Union, 680 Cleveland Avenue South, St.
Paul, MN 55116, re: Richard Wagner; District Director of IRS, 316 North Robert Street, St. Paul,
MN 55101, re: Steven R. Nelson.
WHEREAS, Saint Paul Public Health has served in accardance with the provisions of ro
Chapter 45 of the Saint Paul I,egislative Code an arder identified as an "Order to Abate Nuisance
Building(s)" dated March 29, 1996; and
WHEREAS, this order informed the then l�own 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 April 29, 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 Health
requested that the City Clerk schedule public hearings before the I.egislative Hearing Officer of the
City 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 held before the Legislative Hearing O�cer of the Saint Paul Ciry
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 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 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,egisiative Hearing Officer
was considered by the Council; now therefore
BE IT RESOLVED, that based upon the testunony 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 674 Sims Avenue:
1. That the Subject Property comprises a nuisance condition as defined in Saint Paul
I.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 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 conected.
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.
ORDER
The Saint Paul City Council hereby makes the following order:
1. The above referenced interested or responsible parties shall make the Subject Property safe
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and not detrimental to the public 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 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 fifteen (15) days after the
date of the Council Hearing.
2. If the above corrective action is not completed within this period of tune the Ciry of Saint
Paui, 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 Properiy pursuant to the provisions of Chapter 45 of
the Saint Paul I.egislative 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 in accordance with Chapter 45 of the Saint Paul I,egislative Code.
Adopted by Council: Date q�
Adoption Certified by Council Secretary
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Approved by Mayor. Date ����
BY: �- � .��
Requested by Department o£:
By: � G��-��--
Form Approved by City Attorney
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Approved by Mayor for Submission to
Council
BY: �.IG �'��
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DEPARTMENTlOFFICHCOUNGL DATE INITIATED O �
P���� Health OS-1 -96 GREEN SHEET N_ 3.3952
INITIAUDATE INITIAUDATE
CONTACT PEflSON 8 PHpNE � DEPARTMENT DIRECTOFi CIT' CAUNCIL
Charles Votel 298-4153 A�i�N �cmanoaNer �(r.s(IL�46 cmc�RK
MUST BE ON COUNCIL AGENDA BV (DATE) p BUOGEf DIPECTOR � FIN. & MGT. SERVICES Dlfl.
June 12, 1996 oaoEx p7pVORIORASSISTANT) �
TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION FEQUESTED:
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, Public Health
is ordered to remove the building. The subject property is located at 674 Sims Avenue.
FiECOMMENDA710NS: npprove (A) or Rejea (Fi) pERSONAL SERVICE CONTRACTS MUST ANSWEfi TME FOLLOWING �UESTIONS:
_ PIANNING CAMMISSION _ CIVIL SEfiVICE COMMISSION �• Has this person/firm ever worketl under a contract for this tlepartmertl? �
_ qB CAMMITfEE YES NO
_ s7n� 2. Has this person/firm ever been a city employee?
— YES NO
_ o1S7fiICTCOUR7 _ 3. Does this person/firm possess a skill not normall
y possessed by any current city employee?
SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO
Explain all yes answers on separate aheet and attaeh to green sheet
INITIATING PROBL�M, IS,SUE, q PPORTUNITV (Who, V(haL When, W re„ y'.
This building(s) is a nuisance �ui�c�ing(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 674 Sims Avenue by April 29, 1996, and have failed to
comply with those orders.
ADVANTAGESIFAPPROVED:
The City will eliminate a nuisance.
�AAY 10 1996
NIRYOR'S OfFICE
DISADVANTAGES IFAPPROVED:
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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DISADVANTAGES IF NOTAPPROVED:
A nuisance condition will remain unabated in the City. This building(s) will continue to
blight the community. ��`�
$10,000 - $12,000
iOTAL AMOUNT OF 7RANSACTION $ COST/REVENUE BUDGETED (CIHCLE ONE) YES NO
Nuisance Housing Abatement 33261
FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION: (EXPLAIN)
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Date: June 4, 1996
Time: 10:00 a.m.
Place: Room 330 City Hall
15 West Kellogg Boulevazd
LEGISLATIVE HEARING
Gerry Strathman
Legislative Hearing Officer
Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the
following (Laid over from May 7, 1996 L,egislative Hearing):
854 Lawson Avenue (J9605AA)
1950 W. 7th Street (J9605A)
Legislative Hearing Of�icer recommended approval.
2. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the
following:
J9606B--Boarding up of vacant buildings for January, 1996
J9606C--Demolition of vacant buildings for February, 1996
Legislative Hearing Officer recommended approval.
3. Resolution ordering the owner to remove or repair the referenced building, located at 1116
Margaret Street. 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 40 Atwater
Street. If the owner fails to comply with the resolution, Public Healtta is ordered to remove the
building.
Legislative Hearing Of�cer recommended the owner be granted 180 days to bring the building
into compliance provided a$2,000 performance bond is posted and permits are obtained by
Wednesday, June 12, 1996.
5. Resolution ordering the owner to remove or repair the referenced building, located at 674 Sims
Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the
building.
Legislative Hearing Of�cer recommended approval.
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NIINUTES OF LEGISLATIVE HEARING
June 4, 1996
Room 330, City Hall
Gerry Strathman, Legislative Hearing Officer
STAFF PRFSENT: Chuck Votel, Public Health; Guy Willits, Public Health; Roxanna Flink, Real Estate;
Cathy Ries, Real Estate
Gerry Strathman, LegisIative Hearing Officer, called tfie meeting to order at 10:00 a.m.
Resolution ratifying assessment of benefits, costs and expenses for suuunary abatements for the
following (Laid over from May 7, 1996 I.egislative Hearing):
854 Lawson Avenue
Guy Willits, Public Health, reviewed the staff report and showed a video of the property.
Jeff Rauschnot, properiy owner, appeared and stated that he was employed as a long-haul trucker during
the winter and had rented his house to a friend during his absence. He was unaware that orders had been
issued to clean the sidewalk of snow and ice. When he returned, he discovered that his friend had failed
to maintain his house and properly and that t}us person was no longer living at his residence. He
requested that he not be obligated to pay the assessment since he had no knowledge that he had received
the order.
Mr. Strathman stated that since legai notice had been sent and the work had been done, he could not delete
the assessment. He recommended approval.
1950 W. 7th Street
No one appeared; recommendation was for approval.
2. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for the
following:
J9606B--$oarding up of vacant buildings for January, 1996
J9606C--Demolition of vacant buildings for February, 1996
722 James Avenue
No one appeared; recommendation was for approval.
Resolution ordering the owner to remove or repair the referenced building, located at 1116
Marparet Street. If the owner fails to comply with the resolution, Public Health is ordered to
remove the building.
Chuck Vote1, Public Health, reviewed the staff report.
Legislative Heazing Minutes
June 4, 1996
Page - 2 -
No one appeared; recommendation was for approval.
4. Resolution ordering the owner to remove or repair the referenced building, located at 40 Atwater
treet. If the owner fails to comply with the resolution, Public Health is ordered to remove the
building.
Mr. Votel reviewed the staff report. The city had boarded the building and had issued eight summary
abatement notices in the past and condemned the buiiding in September, 1995. He stated that a code
compliance inspection had been done on Apri123, 1996.
Jim Geske, attorney representing Banker's Trust, appeared and stated that they had entered into a purchase
agreement with Northem Homes to purchase the property. They planned to close on the property within
the week. They were requesting that the new owner be given 90 days to repair the building.
Mark Murnane, representing Northern Homes, appeared and stated that it was their intention to purchase
the property and have 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 performance bond was posted and permits were obtained by Wednesday, June 12, 1996.
5. Resolution ordering the owner to remove or repair the referenced building, located at 674 Sims
Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the
building.
Mr. Votei reviewed the staff report.
No one appeared; recommendation was for approval.
6. ResoIution ordering the owner to remove or repair the referenced building, located at 654 Thomas
Avenue. If the owner faIls to comply with the resolution, Public I3ealth is ordered to remove the
building.
Mr. Votel reviewed the staff report.
No one appeared; recommendation was for approval.
7. Resolution ordering the owner to remove or repair the referenced building, located at 1056 Reanev
Avenue. If the owner fails to comply with the resolurion, Public Health is ordered to remove the
building.
Mr. Votel reviewed the staff report.
Edith Hilmes appeazed and stated that the property was formerly her parents home and was sold in 1980.
It was her desire to have her name removed from the tax records and allow the building to proceed with
demolition.
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Legistative Hearing Minutes
June 4, 1996
Page - 3 -
Mr. Vote1 read the names of the responsibte parties of record and there was no indication that her name
was included in this record.
Mr. Strathman stated that he did not have the authority to clear issues of tifle. He then explained the
process on tfie order for demolition and recommended approval.
8. Resolution ordering the owner to remove or repair the referenced building, located at 970 7ames
Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the
buIlding.
Mr. Votel reviewed the staff report. 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 appeared that the owner was in the process of rehabilitating the building and he
recommended amending the resolution to allow 180 days to make the necessary repairs.
Mr. Strathman recommended that the resolution be amended to allow the owner 180 days, October 22,
1996, to complete repairs to the building as a code compliance inspection had been completed, the $2,000
bond had been posted and building permits had been obta�. ��/
Meeting adjourned at 10:30 a.m.
Legislative Hearnig Ofticer
A
SAINT PAtlI PUBLIC HEALTH
Nea! Holtan, .1�D., MP.H., Direcror
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CtTY QF SAINT PAUL NUISA.NCE BUTADINGS CODE 612-298-4153
Norm Coleman. Mayor F.NFORCF.MENT
" 555 Cedar Street _
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May 10, Z996
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NOTICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
Saint Panl Public Health, Vacant/Nuisance Buiidings Enforcement Unit has requesLed the
City Council scheduIe public hearings to consider a resoluuon ordering the repair ar
removal of the nuisance building(s) located at:
674 Sims Avenue
The City Councii has scheduled the date of these hearings as foilows:
Legislative Hearing - Tuesday, June 4, 1996
City Council Hearing - Wednesday, June 12, 1996
The owners and responsible parties of record are:
Name and Last Known Address
Warren 3. Mazshall & Richazd Wagner Sr.
873 Tahun Street
St. Paul, NII�I 55164
Interest
Fee Owner
Steven R Netson
574 5ims Avenue
St. Paul, MN 55106
Associates Industrial Loan Co.
5951 Earle Brown Drive
Brooklyn Center, MN 55430
Twin Cides Auto Credit Union
680 Cieveland Avenue South
St. Paul, MN 55116
re: Richard Wagner
Contract for Deed Holder
Mortgagee
Judgment Creditor
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fi74 Sims Avenue
May I0, 1996
Page 2
Name and Last Known Address
District Director of IRS
316 North Robert Sueet
St, Paul, MN 55101
re: Steven R Nelson
The legal description of this property is:
Interest
Judgment Creditor
Lot 7, Block 27, 7oseph R Weide's Subdivision of Block 27, Arlington Hills
Addition to St. Paul.
City af Saint Paui Public Health has declazed this building(s) to constitute a"nuisance" as
defined by Legisiative Code, Chapter 4�. Public Health has issued an order to the then
known responsible parties to eliminate this nuisance condiqon by correcting the deficiencies
or by razing and removing this buiiding{s}.
Inasmuch as this Order to Abate has not been compiied with the nuisance condition remains
unabated, the commwuty continues to suffer the btighting influence of this properry. 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 buiiding in a timely
manner, and failing that, autharize Public Health ta proceed to demolition and removal, and
to assess the costs incurred against the reaI estate as a speciat assessment to be col3ected in
the same manner as taxes.
S' ely, �
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Chazles A. Votel
Program Supervisor
Code Enforcement Programs
Saint Paul Public Heaith
CAV:mi
cc: Jan Gasterland, Building Inspection and Design
Philip Miller, City Attorneys Office
Nancy Anderson, Assistant Secretary to the Council
Steve Zaccard, Fire Marshail
Dan Pahl, PED-Housing Divisian