96-714ORIGI�,�AL
ClN OF
Presented By
Referred To
Committee: ➢ate
�I']
WHEREAS, Saint Paul Public Health has requested the Ciry Council to hold public hearings
to consider the advisabiliry and necessiry of ordering the repair or wrecking and removal of a two-
story, wood frame dwelling located on property hereinafter refened to as the "Subject Property" and
commonly known as 861 Aurora Avenue. This properry is legally described as follows, to wit:
Lot 30, Block 1, Milton Addition.
WHEREAS, based upon the records in the Ramsey County Recorder's Office and
information obtained by Saint Paul Public Health on or before April 15, 1996, the following are the
now known interested or responsibie parties for the Subject Property: Alvin H. Peterson, 2132
Atlantic Street North, St. Paul, MI3 55109-3401; Knnberly Davis, 905 Central Avenue, St. Paul,
MN 55104; Mike Haus d/b/a Dynavest Inc., P.O. Box 16442, St. Paul, MN 55116.
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 April 11, 1996; 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 May 13, 1996; and
WHEREAS, the enfarcement 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 carrected and Saint Paul Public Health
requested thatthe City Clerk schedule public hearings before the Legislative 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 L,egislative Code, of the tune, date, place and
purpose of the public hearings; and
WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul Ciry
Council on Tuesday, June 18, 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 Property safe and not detrimental to the public peace, health, safety and
welfare and remove its blighting influence on the community by rehabilitaUng this structure in
accordance with all appiicable codes and ordinances, or in the alternative by demolishing and
removing the siructure 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
RESOLUTION
�INT,� Pp�UL, MII�NESOTA
Council File # � � '
Green Sheet # 3 �
q �-�iy
WHEREAS, a hearing was held before the Saint Paul Ciry Council on Wednesday, 7une 26,
1996 and the testimony and evidence including the action taken by the Legislative 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 Properry at 861 Aurora 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 estunated to exceed
three thousand doilars ($3,000.00).
3. That there now exists and has existed multiple Housing or Building code violations at
the Subject Properry.
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 VacanUNuisance 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
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 appiicable 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 Councal Hearing.
��-��Y
2. If the above conective 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 incuned against the Subject Properry pursuant to the provisions of Chapter 4� of
the Saint Paul Le�islative Code.
3. In the event the building is to be demolished and removed by the Ciry of Saint Paui, all
personal property or fixtures of any kind which interfere with the demolition and removai
shall be removed from the properry 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 tflis 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:
- � _�. � ���: � --
Adopted by Council: Date a q 9` Form Approved by City Attorney
Adoption Certified by Council Secretary g .I� �r,�C(/J S/;'(%�p
BY� � a' A�+�+� Approved by Mayor for Submission to
��� � Council
Approved by Mayor: Date ( //
By . /�, r/ `���'',�""� BY : f�✓ l, G�- �_i �' "" _"�
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Q��`�3��€���
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DEPA�R b t.h 45-2 DAT9E�NITIATED GREEN SHEET �O 3 3960 �
INITIALIDATE R ATE
CANTACT PERSON 8 PHONE � DEPARTMENT DIRECTOR CT' CAUNqL
Charles Votel 298-4153 ���N �CRYATfOflNEY a.� �� q6 cmc�aK
NUYBERFOR «
MUST 8E ON CAUNCiL AGENDA BY (DATE) pp�N� BUDGET DIRECTOR � FIN. 8 MGT. SERVICES Dlfl.
June 26, 1996 , �p�� ����ORASSISTANTJ �
TOTAL # OP SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SICaNATURE)
ACfION REQUESTED:
City Council to pass this resolution which will order the owner(s) to remove or repair the
referenced buildingis). If the owner fails to comply with the resolution, Public Fiealth
is ordered to remove the building. The subject property is located at 861 Aurora Avenue.
aECAMMENDA710NS: Approve (A) or Reject (q) pEHSONAI SERVICE CONTRACTS MUST ANSWEFi tHE FOLLOWING �UESTONS:
_ PLANNMG COMMISSION _ pVIL SEAVIGE COMMISSION t Has this person/firtn ever worketl under a conhact for this dep� S f�F
_ GIB CAMMITfEE �'ES 'NO •
� 2. Has this ErsonfirmN�ver been a ciry employee? � 1�� O � � o C
_ STAFF (/
_ DISTqICTCOUFT JJ�b
— 3. Does ihis person/firm possess a skill not normally possessetl by any curren[ city empioyee?
SUPPOqTSWHICHCOUNqLOBJECTIVE7 VES NO �'""e^,. p � ;pp
Explain all yes answera on separete sheet and attaeh to gree�M h'eeti ��"'":`� 4
INITIATING PROBLEM, ISSUE, OPP@fRTUNIN (Who, What, When, Where. 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 861 Aurora Avenue by May 13, 1996, and have failed to
comply with those orders.
� t,..,�,>s^�� ��
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ADVANTAGESIFAPPROVED: � �jyA i o
� ^ n�
The City will eliminate a nuisance. ea n
$r / e,
������ _ F
R � ���EY
DISADVANTAGESIFAPPROVED:
The City will spend funds to wreck and remove this building(s). These costs will be
assessed to the property, collected as a special assessment against the property taxes.
DISADVANTAGES IF NOT APPROVED:
A nuisance condition will remain unabated in the City. This building(s) will continue to
blight the community.
707ALAMOUNTOFTRANSACTION$ $6,000 - $8,000 COST/REVENUEBUDGETED(CIRCLEONE) VES NO
Nuisance Housing Abatement 33261
FUNDIWG SOURCE AC7IVITY NUMBER
FINANCIAL INFORMATION� (EXPLAIN)
aG_ � �y
REPORT
Date: 7une 18, 1996
Time: 10:00 a.m.
Place: Room 330 City Hall
15 VJest Kellogg Boulevard
LEGISLATIVE HEARING
Gerry Stratliman
Legislative Hearing Officer
1. Resolution ordering the owner to remove or repair the referenced building, located at 584 Charles
Avenue. If the owner fails to comply with the resolution, Public Heaith is ordered to remove the
building.
Legislative Hearing Officer recommended approval.
2. Resolution ordering the owner to remove or repair the referenced building, located at 1030 Wilson
Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the
building.
Legisiative Hearing Officer recommended approvai.
Resolution ordering the owner to remove or repair the referenced building, located at 861 Aurora
Avenue. If the owner fails to comply with the resolution, Public Aealth is ordered to remove the
building.
Legislative Hearing Officer recommended approval.
Resolution ordering the owner to remove or repair the referenced building, located at 163 Belvidere
Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the
building.
Legisiative Hearing Officer recommended approval.
MINUTES OF LEGISLATIVE HEARING
June 18, I996
Room 330, City Hall
Gerry Strathman, Legislative Hearing Officer
STAFF PRESENT:
Chuck Votel, Public Health
a�-��y
Gerry Strathman, L,egislative Hearing Officer, called the meeting to order at LO:QS a.m.
Resolution ordering the owner to remove or repair the referenced building, located at 584 Charles
Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the
building.
Chuck Votel, Public Health, reviewed the staff report. The building was condemned in February, 1995
and six summary abatement notices had been issued to this property. A code compiiance inspection had
been completed on 7uly 5, 1995. The cost to repair this building was estimated to be approximately
$30,000.
Gary Olstad, property owner, appeared and stated that he had planned to repair the building, however, he
lacked the financial resources to do so at this tirne. If he could, he would like to sell the building "as is"
but believed he was precluded from doing so.
Gerry Strathman, I.egislative Hearing O�cer, stated that as the owner, he had the right to sell the properry
at any time, however, it could be more difficult to do so with the impending demolition order. He
explained that if he desired to repair the building, he would need to post a$2,000 performance bond and
obtain the necessary permits prior to the Counci( meeting on June 26 which would allow him six montl�s
to compiete the repairs. He also suggested that he check with the Building Departrnent to see if the code
compiiance inspection report was still in effect. Mr. Strathman recommended approval of the order.
Resolution ordering the owner to remove or repair the referenced buiiding, located at 1030 Wi]son
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 had been vacant since December, 1995 and five
summary abatement notices had been issued against this property. The estnnated cost to repair this
building was approximately $40,000. He did not believe the building was salvageable.
Beth Asmussen, attorney representing Midland Mortgage Company, appeared and stated that the mortgage
company foreclosed on the property on February 14 with the redemption period expiring on August 15.
She requested that the mortgage company be given until August 15 to acquire the property which in turn
would be conveyed to HUD for disposition. If the building was demolished prior to August 15, the
mortgage company would ]ose their claim. She also indicated that the mortgage company had taken
responsibility for maintaining the properry.
Mr. StraUunan recommended approvai.
Minutes of Legislative Hearing ����' y
June 18, 1996
Page - 2 -
3. Resolution ordering the owner to remove or repair the referenced buiiding,' located at 861 Aurora
Ave ue. 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 condemned in July, 1995 and the property owner
had made no contact or indication as to his intentions concerning the property. Ron Pauline, from the
Aurora-St. Anthony Block Club, had been in contact with him and indicated that the neighborhood wished
to see the building demolished.
No one appeared.
Mr. Strathman recommended approval.
4. Resolution ordering the owner to remove or repair the referenced building, located at 163 Belvidere
Street. 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 had been vacant since January, 1995 and five summary
abatement notices had been issued against the properry. The property was owned by the State of Minnesota
Trust Exempt. The estimated cost to repair the building was approximately $50,000.
Brett Larson, Ramsey County Tax Forfeited Properties, appeared and requested that the order for
demolition be delayed so that the properry could be sold at auction.
Mr. Strathman recommended approval of the order.
Meeting adjourned at 10:25 a.m.
Gerry Str�fhman, Legislative Hearing Officer