96-715�Rl�I�AL
Presented By
Referred To
RESOLUTION
41NT PAUL, MINNESOTA
Council File # 9(�-�1�5
Green Sheet # J_ J ���
39
Committee: Date
WHEREAS, Saint Paul Public Health has requested the City 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 dweiling located on property hereinafter refened to as the "Subject Property" and
commonly known as 163 Belvidere Street East. This property is legally described as follows, to
wit:
Lot 14 except the West 5 feet thereof, and I.ot 15 except the Easterly 35 feet thereof,
Block 11, The West St. Paul Real Estate and Improvement Syndicate Addition No. 1.
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 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.egai 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; Thorp
Loan & Thrift, d/b/a ITT Financial Services, 7760 France Avenue South Ste. 160, Bloomington,
MN 55435-5833, re: Edward J. LaBarre; IBEW Credit Union, 1330 Conway Street, St. Paul, MN
55106, re: Edward J. LaBarre; District Director of IRS, 316 North Robert Street, St. Paul, MN
55101, re: Edward J. LaBarre.
WHEREAS, Saint Paul Public Health has served in accordance with the provisions of
Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance
Building(s)" dated April 9, 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) pursuantto Chapter 45; and
WHEREAS, this order informed the interested ar responsible parties that they must repair or
demolish the structure located on the Subject Property by May 9, 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 thatthe City Clerk schedule public hearings before the L.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 Legislative Code, of the time, date, place and
purpose of the public hearings; and
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WHEREAS, a hearing was held before the L,egislative Hearing Officer of the Saint Paul City
Council on Tuesday, June 18, 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 Properry 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
demolit3on 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 26,
1996 and the testunony 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 Property at 163 Belvidere Street East:
1. 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 mulriple 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.
S. 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:
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1. The above referenced interested or responsible parties shall make the Subject Property safe
and not detrirnental 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 Buiiding(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 conective action is not completed within this period of tune the Ciry 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 incurred against the Subject Property 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 Ciry of Saint Paul, ail
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 L.egislative Code.
Requested by Department of:
Adopted by Council: Date � �„ ��fe
Adoption Certi£ied by Council Secretary
By:� ��
Approved by Mayor: Date � ��i
BY: / !/1.11.i ..���G'��
- � _ :� � ���' .
Form Approved by City Attorney
By: �� 1� �l t�9 531� �6
Approved by Mayor for Submission to
Council
By: // "� � ����
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DEPARTMENT/OFFICE/COUNCIL DATE INITIATED N� 3 3 9 61
P���� Health o5-2 -96 GREEN SHEET __
CANTACT PEFSON & PHONE l INffIAUDATE WRIFL/DATE
Charles V0001 298-4153 � �EPAR7MEMDIBECTOfl CRYCAUNCIL
ASSIGN CITYATTORNEV �'S"9 CRYCLERK
MUSTBE ON CAUNCI�AGENDA BV (DAT� ��Ep FOR UDGET DIflECfOfl O FlN. & MGT. SEPVICES WR.
flOUTING
June 26, 1996 OflDER Mpypp(ORASSISTANn 0
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTION REWESTED:
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 163 Belvidere
Street East.
RECAMMENDATIONS: Apprave (A) or Rejact (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS:
_ PLANNING CAMMISSION _ CIVIL SERVICE COMMISSION �� Has this persoNfirtn ever worked un0er a contract for this tlepa �
_ CIB COMMITTEE _
YES NO `
_ STAFF 2. Has thi5 person�rm eVef been a city employee?
— YES NO {��� ��/( 7
_ DISTRICT CqUai _ 3. Does ihis person/firm possess a skill not nortnally possessed by any C�rrenf Crt� employee?
SUPPORTS WHIGH COUNqL 0&IECTIVE? YES NO
Explain all yes answers on separate sheet and attach to.gieeq'�,�4eet,�;i�?f��
INITIATING PROBLEM, ISSUE, OPPORTUNITV (Wno, Whet, 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 knocm to the Enforcement Officer were given an order to
repair or remove the building at 163 Belvidere Street East by May 9, 1996, and have failed
to comply with those orders.
ADVANTAGES IFAPPROVED:
The City will eliminate a nuisance. ����;.p,
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MAY 3� 19�6
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DISADVANTAGES IF APPqOVED:
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.
. Vtiu§�v� ����.Y� ��'���
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DISAOVANTAGES IF NOT APPROVED:
A nuisance condition will remain unabated in the City. This building(s) will continue to
blight the community.
TOTAL AMOUNT OF TRANSACTION $ _ COST/REVENUE BUDGE7ED (CIRCLE ONE) YES NO
FUND�HGSOUBCE hT1,i.y,canrc urnicinq nhatcmcnr ACTIVITYNUMBER ZZ9F.l
FINANCIAL INFORMATION: (E%PLAIN)
9(.-'1�5
REPOI2T
Date: 7une 18, 1996
Time: 10:00 a.m.
Place: Room 330 City Hall
15 West Kellogg Boulevard
LEGISLATTVE HEARING
Gerry Strathman
I.egislative Hearing Officer
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.
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 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 861 Aurora
Avenue. If the owner fails to comply with the resolution, Public Health is ordered to remove the
building.
Legislative Aearing Officer 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.
Legislative Hearing Of�cer recommended approval.
MINUI'ES OF LEGISLATIVE HEARING
Tune 18, 1996
Room 330, City Hall
Gerry Strathman, Legislative Hearing Officer
STAFF PRESENT:
Chuck Votel, Public Health
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Gerry Strathman, Legislative Hearing Officer, called the meeting to order at 10:05 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
been completed
$30,000.
abatement notices had been issued to this properry. A code compliance inspection had
on July 5, 1995. The cost to repair this building was estimated to be approximateIy
Gary Olstad, properry owner, appeared and stated that he had planned to repair the building, however, he
lacked the financial resources to do so at this tune. If he could, he wouid ]ike to sell the building "as is"
but believed he was precluded from doing so.
Gerry Strathman, L.egislative Heuing Officer, stated chat as the owner, he had the right to sell the pzoperry
at any time, however, it couid be more difficuit to do so with the impending demolition order. FIe
explained that if he desired to repair the building, he would need to post a$2,000 performance bond and
obtain the necessary pernuts prior to the Council meeting on June 26 which would allow him six months
to complete ffie repairs. He also suggested that he check with the Building Department to see if the code
compliance inspection report was still in effect. Mr. Strathman recommended approval of the order.
2. Resolution ordering the owner to remove or repair the referenced building, located at 1030 Wilson
venue. If the owner fails to comply with the resolution, Public Heaith is ordered to remove the
buiiding.
Mr. Votel reviewed the staff repor[. The buiiding had been vacant since December, 1995 and five
summary abatement notices had been issued against this property. The estimated cost to repair this
building was approximately $40,000. He did not believe the building was salvageable.
Beth Asmussen, attomey representing Midland Mortgage Company, appeared and stated tYaat 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 I5, the
mortgage company would lose their claim. She also indicated that the mortgage company had taken
responsibility for maintaining the property.
Mr. Strathman recommended approval.
Minutes of Legislative Hearing ��_ t � J
June 18, 1996
Page - 2 -
3. Resolution ordering the owner to remove or repair the referenced building," located at 861 Aurora
Aveuuc. If tlic owner fails to comply with tt�c resolution, Public IIcalth is ordered to remove the
. building.
Mr. Votel reviewed the staff report. The building was condemned in July, 1995 and the property own�r
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.
� 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 properiy was owned by the State of Minnesota
Trust Exempt. The estimated cost to repair the building was approxitnately $50,000.
Brett Larson, Ramsey County Tax Forfeited Properties, appeared and requested that the order for
demolition be delayed so that the property could be sold at auction.
Mr. Strathman recommended approval of the order.
Meeting adjourned at 1Q25 a.m.
I.egislative Hearing Officer