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97-1014Council File # ,-, -,;.:•, �: ! W.� . . . � . , �e , . .� Presented By Referred To Committee: Date WHEREAS, Public Health has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a one-story, wood frame dwelling with a detached, one-stall garage located on properry hereinafter referred to as the "Subject Properry" and commonly known as 106 Congress Street West. This properry is legally described as follows, to wit: Lot 6, Miller's Rearrangement of the North Half of Block 59, West St. Paul Proper. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Public Health on or before June 6, 1997, the following are the now known interested or responsible parties for the S�bject Property: Roger Palme, 23 Isabel Street West, St. Paul, MN 55107; Bankers Trust Co. of CA, NA trustee, c/o Boatman's NaU. Mortgage, Inc., 4041 Knight Arnold Rd., Memphis, TN 38118-2128, Loan# 273388; Bankers Trust of CA, 3 Park Plaza, 16th Floor, Irvine, CA 92714, Loan# 273388 WHEREAS, 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 June 4, 1997; 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 or responsible parties that they must repair or demolish the structure located on the Subject Property by 7uly 7, 1997; and WHEREAS, the enforcement officer has posted a placard on the Subject Properry declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been conected and Public Health requested that the Ciry Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # q'Z - o 1`-�O°� � 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 9�-loly WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, August 5, 1997 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 VJednesday, August 13, 1997 and the testimony and evidence including the action taken by the Legislauve Hearing O�cer was considered by the Council; now therefore BE IT RFSOLVED, that based upon the testnnony and evidence presented at the above referenced public hearings, the Saint Paul Ciry Council hereby adopts the following Findings and Order concerning the Subject Property at 106 Congress Street West: 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 multiple Housing or Building code violations at the Subject Properiy. 4. That an Order to Abate Nuisance Buiiding(s) was sent to the then lrnown 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 Properry which declares 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 Properry safe 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 Aearing. q'1-I�iy 2. If the above corrective acrion is not completed within this period of time the Public Health, Code Enforcement Program 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 L,egislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fistures 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 properry 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: By: Appr By: ,l �� u� ' - Form App ed b City Attorney By: Approved by Mayor for Submission to Counc� /�� 1 By: � Adopted by Council : Date �-� .ay �y�{� � t Adoption Certified by Council Secretary 4�-l0l4 DEPARrMENT/OFFICE/COVNGL DATE INITIATED N° _ 140 47 • P,�b�� x��ta o�i��9� GREEN SHEET CONTACT PERSON & PHONE ( INITIAVDATE INITIAVDATE �, , � DEPARTMEM DIflECTOR � CM COUNCIL Charles Votel 298-4153 �v ASSYGN G�NATfORNEY � CINCLERK NUN6ERFOR MUST BE ON COUNCIL AGENDA BY (DAT� ROUTING � BUDGET DIRECTOR O FIN. & MGT. SERVICES DIR. p.0 St. 1.3 1997 OFUEP MAYOR(ORASSISTA � TOTAL # OF SiGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: 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 trie resolution, Public Health is ordered to remove the building. The subject property is located at 106 Congress Street West. RECOMMENDATIONS: Appmv¢ (A) or Reject (R) pERSONAL SERVICE CONTFiACTS MI1ST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL SEFVICE COMMISSION 1. Has this pe�sonffirm ever worketl under a crontract for this tlepartment? _ CIB COMMITfEE _ YES NO _ SrpFF 2. Has this person/firm ever been a city employee? — YES NO _ o1STRIC7 cAUR7 — 3. DoeS this person/firm possess a skill not normally possessed by any current ciry employee? SUPPORTS WHICH COUNqL O&IECTiVE? YES NO . Expiain all yeb answers on separate sheet antl attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, Wnan, 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 5aint 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 7.06 Congress Street West by July 7, 1997, and have failed to comply with those orders. ADVANTAGESIF APPROVED: The City will eliminate a nuisance. �� ;;;�4� �`:�5��'� �v`'�' � .!€!L 1 � i�97 �"�r� �� 1 9,q1 �� DISADVANTAGESIFAPPflOVED. -----�"�'-^-^-' �---°-� - -" 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 condiCion will remain unabated in the City. This building(s) will continue to blight the community. $6,000 - $7,000 TOTAL AMOUNT Of TRANSACTION $ COS7/REVENUE BUDGEiED (CIRCLE ONE) YE NO Nuisance Housing Abatement 33261 FUNDING SOURCE AC7IVITY NUMBER FINANGIAI INFORMATION (E%PLAIN) a�-l��y r•� •.: � Date: August 5, 1997 Time: 10:00 am. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer Resolution ratifying assessment of benefits, costs, and expenses for summary abatements for the following: J9708B - Boardings-up of vacant buildings for Mazch 1997. J9709C - Demolitions for March and April 1997. J9706V - To collect expenses involved for towing abandoned vehicles from properties from Aprii to December 1996. Legislative Hearing Of£cer recommended approval of the assessments with the following exception: 140 E. Delos Street - Assessment deleted. 2, Summary abatement appeal for 721 Tuscarora Avenue; Kenneth Williams, appellant. Legislative Hearing Officer recommended laying over to the September 2 Legislative Hearing. 3. Summary abatement appeal for 53 North Dale Street; 3eanette Kamman, appeilant. Legislative Aearing Officer recommended denial because the appeal was received late and the work had atready been done by the City. 4. Summary abatement appeal for 428 Ohio Street; Mary Altman, appellant. Legislative Hearing Officer recommended denying the appeal but giving the owner until August 4, 1998 to take care of the pro6lem. 5. Resolution ordering the owner to remove or repair the building located at 106 Con�.ress Street West. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 9� �� MINUTES OF LEGISLATIVE HEARING � August 5, 1997 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel, Guy Willits, Public Health Gerry Strathman, Legislarive Heazing Officer, called the meeting to order at 10:00 am. Gerry Strathman deleted the tow chazges on 344 Duke Street and 1367 Forest Street. The owners had already paid these assessments. Resolution ratifying assessment of benefits, costs, and expenses for summary abatements for the following: J9708B - Boardings-up of vacant buildings for Mazch 1997. J9709C - Demolitions for March and April 1997. J9706V - To collect expenses involved for towing abandoned vehicles from properties from April to December 1996. 140 E. Delos Street Dan Langenfeld appeared and stated he helped Ms. Godina buy the house. Mugarita Godina, owner of property, appeared and stated this is about a vehicle that was towed in 1996, which was � two owners previous to her owning the house. Gerry Sirathman viewed photos and stated when an assessment is not paid, the City places the assessment against the property. As part of the closing process, one of the documents the seller signs is a certification that there are no pending assessments. Aan Langenfeld stated the title company will not pay the assessment because it did not show up when they did their search. Mr. Langenfeld does not think the previous owner knew there was an assessment against the property. Chuck Votel reported the State law mandates the City store the vehicle for a minimum of 45 days. The properiy owner had the right to reclaim the vehicle. That in itseif leads to a delay ofputting i1 on the assessment. Gerry Strathman recommended deleting the assessment. 2. Summary abatement appea( for 721 Tuscarora Avenue; Kenneth Williams, appellant. Kenneth Wiliiams, owner, appeared and stated his neighbor hates him because he will not let her dog use his yard and this neighbor has turned in Mr. Williams about six times. Mr. Wiiliams had a friend's van parked in his yazd; that van is now gone. The donut machine vehicle is parked on the asphalt. The camper is also parked on the asphalt and is in running condirion. The other trailer is parked off to the side. All the vehicles are currentiy tabbed. The grass is now growing. There were two loads of black dirt that was put in. � MINUTES OF THE LEGISLAITVE HEARING, AUGUST 5, 1997 Page 2 Gerry Sh stated he had photos dated yesterday that show carpeting laying on the grass. Mr. � Williams stated the carpeting is to keep weeds and snakes down. Mr. Strathman stated the City code considers that refiase. Guy Willits reported there is a semi-traiter there. Kenneth Williams responded it is not to be used on the highway. Gerry Strathman stated a non operating trailer is not acceptable. Gerry Stratl�man stated Public Health should work more with Kenneth Williams to come up with an arrangement to meet Mr. Witliams needs because he seems to be wilting to work with the Ciry. Chuck Votel stated he would put Mr. Williams in touch with the Zoning Enforcement Division and they will go out to the address and make a determination if the trailer can be legaily parked there in accordance with zoning restrictions. It may be possible to put Class 5 under it. Gerry Strathman recommended laying over this matter to the September 2 Legislarive Hearing. 3. Summary abatement appeal for 53 North Dale Street; Jeanette Kamman, appellant. 7eanette Kamman, owner, appeazed and stated the City has cut down her trees. Chuck Votel stated this work was already done. Gerry Strathman recommended denial because the appeal was received late and the work had � a]ready been done by the City. 4. Summary abaYement appeal for 428 Ohio Street; Mary Altman, appellant. Mary Altman, owner, appeared and sTated Yhe face is cracking on the retaining wall, It will eventually have to be repaired. The house is a renovation project and there are more pressing items that need to be attended to. Her plans are to have Yhe wall completely refaced next summer. Guy Willits reported the inspector was ]ooking for a fime frame. His main concern was the crumbling and the rocks on the sidewaik. Mary Altman stated she has had several people look at the wall and it is sound. The stucco face is the problem She will keep the sidewalk clean. Gerry Strathman recommended denying the appeal but giving the owner unril August 4, 1998 to take caze of the problem. 5. Resolurion ordering the owner to remove or repair the building located at 106 Con�ress Street West. If the owner fails to comp]y with the reso]ution, Public Health is ordered Yo remove the building. No one appeared. Chuck Votel reported Robert Palme is attempting to rehabilitate the building. There have been 4 summary abatements notices issued and a citation. Real estate taxes aze paid. Code compliance � �l� id�/ MINUTES OF THE LEGISLATIVE HEARING, AUGUST 5, 1997 Page 3 � was done in 1996 and is still viable. The cost to repair is $20,000 and the cast to demolish is $5,200. Gerry Strathman recommended approval. 6. Resolution ordering the owner to remove or repair the building located at 772 Frank Street. If the owner faiis to comply with the resolution, Public Health is ordered to remove the building. No one appeared. Chuck Votel reported the building is owned by the Minnesota Finance Agency which is attempting to sell the properry. It was condemned in July ] 996. The cost to repair is $45,000. There is no code compliance inspection report and no bond has been posted. It is in a severe state of deteriorafion. Gerry Strathman recommended approval. Resolution ordering the owner to remove or repair the building located at 328 Lexineton Parkwav North. If the owner faiis to comply with the resolufion, Public Health is ordered to remove the buiiding. � Chuck Votel reported this building was condemned in October of 1995. It has been a registered vacant building since June of 1996. Three summary abatements have been issued, most for weeds. The CiTy has had to board the building to secure it against trespass. A citarion has been issued for failure to pay vacant building fee and this citation has gone to warrant. Real estate taYes are paid. Certificate of occupancy was done in May. The cost to repair is $60,000 and the cost to demolish is $22,000. Mohammed Shahidullah, owner, appeared and stated Pat Fish is going to inspect ihe property next week. It is not ready for occupancy. Mr. Shahidullah showed Gerry Strathman pichues of the properiy. Gerry Strathman recommended approval and amended the date for repair or removal to Febniary 3, 1998 if a$2,000 bond is posted and the vacant building fee is paid. 8. Resolution ordering the owner to remove or repair the building located at 924 Forest Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Chuck V otel reported the building was condemned in 1996 and has been vacant since that time. Thtee summary abatements have been done. The vacant building regish�ation fees and the real estate taafes are paid. On July 1 i, a code compliance inspection was done. No bond has been posted and no permits have been taken out. The cost to repair is up to $60,000 and the cost to � demolish is $7,800. MINUTES OF THE LEGISLATIVE HEAF�ING, AUGUST 5, 1997 Page 4 Don Foiske, owner, appeared and stated he plans to fix the buiIding. Also, he wants to rebuild the � wood shed, which is actually a playhouse. Gerry Strathman told Mr. Folske he needed to speak to the inspector about that. Gerry Strathman recommended approval and amended the daYe for repair or removal to February 3, 1998 if a$2,000 bond is posted and the necessary permits aze pulled by noon of August 13. � v%2% 9. 608 �1efls Street (This property was not on the agenda, therefore the files were not at the heazing.) Joel LaVahn, representing Homesmart management, appeazed and stated Homesmart acquired the mortgage from TCF on this property. The ordinance requires the Order of Abatement to be served on interested parties defined as mortgage holder of record. By the staff's own admission, Homesmart was never served a copy of the abatemenT order. The ordinance also requires Yhe norice of public hearing be served on interested parties. Chuck Votel stated he did not have this file with him. Gerry Strathman stated the Council has the authority to review the appropriateness of the administration's actions. The ordinance requires certain noYification to be done. Mr. Strathman asked what remedy is being sought. 7oel LaVahn responded Homesmart is in the business of rehabiIitafing property. There was an itemized fist of what needed to be done. Homesmart thought � it would make $58,500. Mr. Strathman stated the Council could make a determination that the Administration acted correctly or did not, however the CiTy Council is not in a posifion to offer reIief and will not enter into negotiations. The Council could conclude that the praper procedures were not followed and the assessment is not going to be levied. The City Attomeys office is in a position to discuss damages. Gerry Strathman made no recommendation due To inadequate informaYion for a hearing. I0. 787 Buffalo Street (The cazd indicating the owner wanted to be heazd before the Legislative Hearing Officer was not retumed, therefore this properiy was noY on Yhe agenda and the files were not at this heazing.) Thomas Lattery, owner, appeazed and stated he wished to deed this property to the City. Chuck Votel informed Mr. Lattery he should call Sheryl Pemberton from the License, Inspections, and Environmental Protection Office. Gerry Strathman recommended denying the appeal. Meeting adjoumed at 11:11 a.m. � Council File # ,-, -,;.:•, �: ! W.� . . . � . , �e , . .� Presented By Referred To Committee: Date WHEREAS, Public Health has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a one-story, wood frame dwelling with a detached, one-stall garage located on properry hereinafter referred to as the "Subject Properry" and commonly known as 106 Congress Street West. This properry is legally described as follows, to wit: Lot 6, Miller's Rearrangement of the North Half of Block 59, West St. Paul Proper. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Public Health on or before June 6, 1997, the following are the now known interested or responsible parties for the S�bject Property: Roger Palme, 23 Isabel Street West, St. Paul, MN 55107; Bankers Trust Co. of CA, NA trustee, c/o Boatman's NaU. Mortgage, Inc., 4041 Knight Arnold Rd., Memphis, TN 38118-2128, Loan# 273388; Bankers Trust of CA, 3 Park Plaza, 16th Floor, Irvine, CA 92714, Loan# 273388 WHEREAS, 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 June 4, 1997; 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 or responsible parties that they must repair or demolish the structure located on the Subject Property by 7uly 7, 1997; and WHEREAS, the enforcement officer has posted a placard on the Subject Properry declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been conected and Public Health requested that the Ciry Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # q'Z - o 1`-�O°� � 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 9�-loly WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, August 5, 1997 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 VJednesday, August 13, 1997 and the testimony and evidence including the action taken by the Legislauve Hearing O�cer was considered by the Council; now therefore BE IT RFSOLVED, that based upon the testnnony and evidence presented at the above referenced public hearings, the Saint Paul Ciry Council hereby adopts the following Findings and Order concerning the Subject Property at 106 Congress Street West: 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 multiple Housing or Building code violations at the Subject Properiy. 4. That an Order to Abate Nuisance Buiiding(s) was sent to the then lrnown 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 Properry which declares 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 Properry safe 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 Aearing. q'1-I�iy 2. If the above corrective acrion is not completed within this period of time the Public Health, Code Enforcement Program 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 L,egislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fistures 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 properry 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: By: Appr By: ,l �� u� ' - Form App ed b City Attorney By: Approved by Mayor for Submission to Counc� /�� 1 By: � Adopted by Council : Date �-� .ay �y�{� � t Adoption Certified by Council Secretary 4�-l0l4 DEPARrMENT/OFFICE/COVNGL DATE INITIATED N° _ 140 47 • P,�b�� x��ta o�i��9� GREEN SHEET CONTACT PERSON & PHONE ( INITIAVDATE INITIAVDATE �, , � DEPARTMEM DIflECTOR � CM COUNCIL Charles Votel 298-4153 �v ASSYGN G�NATfORNEY � CINCLERK NUN6ERFOR MUST BE ON COUNCIL AGENDA BY (DAT� ROUTING � BUDGET DIRECTOR O FIN. & MGT. SERVICES DIR. p.0 St. 1.3 1997 OFUEP MAYOR(ORASSISTA � TOTAL # OF SiGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: 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 trie resolution, Public Health is ordered to remove the building. The subject property is located at 106 Congress Street West. RECOMMENDATIONS: Appmv¢ (A) or Reject (R) pERSONAL SERVICE CONTFiACTS MI1ST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL SEFVICE COMMISSION 1. Has this pe�sonffirm ever worketl under a crontract for this tlepartment? _ CIB COMMITfEE _ YES NO _ SrpFF 2. Has this person/firm ever been a city employee? — YES NO _ o1STRIC7 cAUR7 — 3. DoeS this person/firm possess a skill not normally possessed by any current ciry employee? SUPPORTS WHICH COUNqL O&IECTiVE? YES NO . Expiain all yeb answers on separate sheet antl attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, Wnan, 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 5aint 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 7.06 Congress Street West by July 7, 1997, and have failed to comply with those orders. ADVANTAGESIF APPROVED: The City will eliminate a nuisance. �� ;;;�4� �`:�5��'� �v`'�' � .!€!L 1 � i�97 �"�r� �� 1 9,q1 �� DISADVANTAGESIFAPPflOVED. -----�"�'-^-^-' �---°-� - -" 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 condiCion will remain unabated in the City. This building(s) will continue to blight the community. $6,000 - $7,000 TOTAL AMOUNT Of TRANSACTION $ COS7/REVENUE BUDGEiED (CIRCLE ONE) YE NO Nuisance Housing Abatement 33261 FUNDING SOURCE AC7IVITY NUMBER FINANGIAI INFORMATION (E%PLAIN) a�-l��y r•� •.: � Date: August 5, 1997 Time: 10:00 am. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer Resolution ratifying assessment of benefits, costs, and expenses for summary abatements for the following: J9708B - Boardings-up of vacant buildings for Mazch 1997. J9709C - Demolitions for March and April 1997. J9706V - To collect expenses involved for towing abandoned vehicles from properties from Aprii to December 1996. Legislative Hearing Of£cer recommended approval of the assessments with the following exception: 140 E. Delos Street - Assessment deleted. 2, Summary abatement appeal for 721 Tuscarora Avenue; Kenneth Williams, appellant. Legislative Hearing Officer recommended laying over to the September 2 Legislative Hearing. 3. Summary abatement appeal for 53 North Dale Street; 3eanette Kamman, appeilant. Legislative Aearing Officer recommended denial because the appeal was received late and the work had atready been done by the City. 4. Summary abatement appeal for 428 Ohio Street; Mary Altman, appellant. Legislative Hearing Officer recommended denying the appeal but giving the owner until August 4, 1998 to take care of the pro6lem. 5. Resolution ordering the owner to remove or repair the building located at 106 Con�.ress Street West. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 9� �� MINUTES OF LEGISLATIVE HEARING � August 5, 1997 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel, Guy Willits, Public Health Gerry Strathman, Legislarive Heazing Officer, called the meeting to order at 10:00 am. Gerry Strathman deleted the tow chazges on 344 Duke Street and 1367 Forest Street. The owners had already paid these assessments. Resolution ratifying assessment of benefits, costs, and expenses for summary abatements for the following: J9708B - Boardings-up of vacant buildings for Mazch 1997. J9709C - Demolitions for March and April 1997. J9706V - To collect expenses involved for towing abandoned vehicles from properties from April to December 1996. 140 E. Delos Street Dan Langenfeld appeared and stated he helped Ms. Godina buy the house. Mugarita Godina, owner of property, appeared and stated this is about a vehicle that was towed in 1996, which was � two owners previous to her owning the house. Gerry Sirathman viewed photos and stated when an assessment is not paid, the City places the assessment against the property. As part of the closing process, one of the documents the seller signs is a certification that there are no pending assessments. Aan Langenfeld stated the title company will not pay the assessment because it did not show up when they did their search. Mr. Langenfeld does not think the previous owner knew there was an assessment against the property. Chuck Votel reported the State law mandates the City store the vehicle for a minimum of 45 days. The properiy owner had the right to reclaim the vehicle. That in itseif leads to a delay ofputting i1 on the assessment. Gerry Strathman recommended deleting the assessment. 2. Summary abatement appea( for 721 Tuscarora Avenue; Kenneth Williams, appellant. Kenneth Wiliiams, owner, appeared and stated his neighbor hates him because he will not let her dog use his yard and this neighbor has turned in Mr. Williams about six times. Mr. Wiiliams had a friend's van parked in his yazd; that van is now gone. The donut machine vehicle is parked on the asphalt. The camper is also parked on the asphalt and is in running condirion. The other trailer is parked off to the side. All the vehicles are currentiy tabbed. The grass is now growing. There were two loads of black dirt that was put in. � MINUTES OF THE LEGISLAITVE HEARING, AUGUST 5, 1997 Page 2 Gerry Sh stated he had photos dated yesterday that show carpeting laying on the grass. Mr. � Williams stated the carpeting is to keep weeds and snakes down. Mr. Strathman stated the City code considers that refiase. Guy Willits reported there is a semi-traiter there. Kenneth Williams responded it is not to be used on the highway. Gerry Strathman stated a non operating trailer is not acceptable. Gerry Stratl�man stated Public Health should work more with Kenneth Williams to come up with an arrangement to meet Mr. Witliams needs because he seems to be wilting to work with the Ciry. Chuck Votel stated he would put Mr. Williams in touch with the Zoning Enforcement Division and they will go out to the address and make a determination if the trailer can be legaily parked there in accordance with zoning restrictions. It may be possible to put Class 5 under it. Gerry Strathman recommended laying over this matter to the September 2 Legislarive Hearing. 3. Summary abatement appeal for 53 North Dale Street; Jeanette Kamman, appellant. 7eanette Kamman, owner, appeazed and stated the City has cut down her trees. Chuck Votel stated this work was already done. Gerry Strathman recommended denial because the appeal was received late and the work had � a]ready been done by the City. 4. Summary abaYement appeal for 428 Ohio Street; Mary Altman, appellant. Mary Altman, owner, appeared and sTated Yhe face is cracking on the retaining wall, It will eventually have to be repaired. The house is a renovation project and there are more pressing items that need to be attended to. Her plans are to have Yhe wall completely refaced next summer. Guy Willits reported the inspector was ]ooking for a fime frame. His main concern was the crumbling and the rocks on the sidewaik. Mary Altman stated she has had several people look at the wall and it is sound. The stucco face is the problem She will keep the sidewalk clean. Gerry Strathman recommended denying the appeal but giving the owner unril August 4, 1998 to take caze of the problem. 5. Resolurion ordering the owner to remove or repair the building located at 106 Con�ress Street West. If the owner fails to comp]y with the reso]ution, Public Health is ordered Yo remove the building. No one appeared. Chuck Votel reported Robert Palme is attempting to rehabilitate the building. There have been 4 summary abatements notices issued and a citation. Real estate taxes aze paid. Code compliance � �l� id�/ MINUTES OF THE LEGISLATIVE HEARING, AUGUST 5, 1997 Page 3 � was done in 1996 and is still viable. The cost to repair is $20,000 and the cast to demolish is $5,200. Gerry Strathman recommended approval. 6. Resolution ordering the owner to remove or repair the building located at 772 Frank Street. If the owner faiis to comply with the resolution, Public Health is ordered to remove the building. No one appeared. Chuck Votel reported the building is owned by the Minnesota Finance Agency which is attempting to sell the properry. It was condemned in July ] 996. The cost to repair is $45,000. There is no code compliance inspection report and no bond has been posted. It is in a severe state of deteriorafion. Gerry Strathman recommended approval. Resolution ordering the owner to remove or repair the building located at 328 Lexineton Parkwav North. If the owner faiis to comply with the resolufion, Public Health is ordered to remove the buiiding. � Chuck Votel reported this building was condemned in October of 1995. It has been a registered vacant building since June of 1996. Three summary abatements have been issued, most for weeds. The CiTy has had to board the building to secure it against trespass. A citarion has been issued for failure to pay vacant building fee and this citation has gone to warrant. Real estate taYes are paid. Certificate of occupancy was done in May. The cost to repair is $60,000 and the cost to demolish is $22,000. Mohammed Shahidullah, owner, appeared and stated Pat Fish is going to inspect ihe property next week. It is not ready for occupancy. Mr. Shahidullah showed Gerry Strathman pichues of the properiy. Gerry Strathman recommended approval and amended the date for repair or removal to Febniary 3, 1998 if a$2,000 bond is posted and the vacant building fee is paid. 8. Resolution ordering the owner to remove or repair the building located at 924 Forest Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Chuck V otel reported the building was condemned in 1996 and has been vacant since that time. Thtee summary abatements have been done. The vacant building regish�ation fees and the real estate taafes are paid. On July 1 i, a code compliance inspection was done. No bond has been posted and no permits have been taken out. The cost to repair is up to $60,000 and the cost to � demolish is $7,800. MINUTES OF THE LEGISLATIVE HEAF�ING, AUGUST 5, 1997 Page 4 Don Foiske, owner, appeared and stated he plans to fix the buiIding. Also, he wants to rebuild the � wood shed, which is actually a playhouse. Gerry Strathman told Mr. Folske he needed to speak to the inspector about that. Gerry Strathman recommended approval and amended the daYe for repair or removal to February 3, 1998 if a$2,000 bond is posted and the necessary permits aze pulled by noon of August 13. � v%2% 9. 608 �1efls Street (This property was not on the agenda, therefore the files were not at the heazing.) Joel LaVahn, representing Homesmart management, appeazed and stated Homesmart acquired the mortgage from TCF on this property. The ordinance requires the Order of Abatement to be served on interested parties defined as mortgage holder of record. By the staff's own admission, Homesmart was never served a copy of the abatemenT order. The ordinance also requires Yhe norice of public hearing be served on interested parties. Chuck Votel stated he did not have this file with him. Gerry Strathman stated the Council has the authority to review the appropriateness of the administration's actions. The ordinance requires certain noYification to be done. Mr. Strathman asked what remedy is being sought. 7oel LaVahn responded Homesmart is in the business of rehabiIitafing property. There was an itemized fist of what needed to be done. Homesmart thought � it would make $58,500. Mr. Strathman stated the Council could make a determination that the Administration acted correctly or did not, however the CiTy Council is not in a posifion to offer reIief and will not enter into negotiations. The Council could conclude that the praper procedures were not followed and the assessment is not going to be levied. The City Attomeys office is in a position to discuss damages. Gerry Strathman made no recommendation due To inadequate informaYion for a hearing. I0. 787 Buffalo Street (The cazd indicating the owner wanted to be heazd before the Legislative Hearing Officer was not retumed, therefore this properiy was noY on Yhe agenda and the files were not at this heazing.) Thomas Lattery, owner, appeazed and stated he wished to deed this property to the City. Chuck Votel informed Mr. Lattery he should call Sheryl Pemberton from the License, Inspections, and Environmental Protection Office. Gerry Strathman recommended denying the appeal. Meeting adjoumed at 11:11 a.m. � Council File # ,-, -,;.:•, �: ! W.� . . . � . , �e , . .� Presented By Referred To Committee: Date WHEREAS, Public Health has requested the City Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and removal of a one-story, wood frame dwelling with a detached, one-stall garage located on properry hereinafter referred to as the "Subject Properry" and commonly known as 106 Congress Street West. This properry is legally described as follows, to wit: Lot 6, Miller's Rearrangement of the North Half of Block 59, West St. Paul Proper. WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Public Health on or before June 6, 1997, the following are the now known interested or responsible parties for the S�bject Property: Roger Palme, 23 Isabel Street West, St. Paul, MN 55107; Bankers Trust Co. of CA, NA trustee, c/o Boatman's NaU. Mortgage, Inc., 4041 Knight Arnold Rd., Memphis, TN 38118-2128, Loan# 273388; Bankers Trust of CA, 3 Park Plaza, 16th Floor, Irvine, CA 92714, Loan# 273388 WHEREAS, 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 June 4, 1997; 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 or responsible parties that they must repair or demolish the structure located on the Subject Property by 7uly 7, 1997; and WHEREAS, the enforcement officer has posted a placard on the Subject Properry declaring this building(s) to constitute a nuisance condition; subject to demolition; and WHEREAS, this nuisance condition has not been conected and Public Health requested that the Ciry Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # q'Z - o 1`-�O°� � 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 9�-loly WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, August 5, 1997 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 VJednesday, August 13, 1997 and the testimony and evidence including the action taken by the Legislauve Hearing O�cer was considered by the Council; now therefore BE IT RFSOLVED, that based upon the testnnony and evidence presented at the above referenced public hearings, the Saint Paul Ciry Council hereby adopts the following Findings and Order concerning the Subject Property at 106 Congress Street West: 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 multiple Housing or Building code violations at the Subject Properiy. 4. That an Order to Abate Nuisance Buiiding(s) was sent to the then lrnown 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 Properry which declares 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 Properry safe 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 Aearing. q'1-I�iy 2. If the above corrective acrion is not completed within this period of time the Public Health, Code Enforcement Program 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 L,egislative Code. 3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fistures 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 properry 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: By: Appr By: ,l �� u� ' - Form App ed b City Attorney By: Approved by Mayor for Submission to Counc� /�� 1 By: � Adopted by Council : Date �-� .ay �y�{� � t Adoption Certified by Council Secretary 4�-l0l4 DEPARrMENT/OFFICE/COVNGL DATE INITIATED N° _ 140 47 • P,�b�� x��ta o�i��9� GREEN SHEET CONTACT PERSON & PHONE ( INITIAVDATE INITIAVDATE �, , � DEPARTMEM DIflECTOR � CM COUNCIL Charles Votel 298-4153 �v ASSYGN G�NATfORNEY � CINCLERK NUN6ERFOR MUST BE ON COUNCIL AGENDA BY (DAT� ROUTING � BUDGET DIRECTOR O FIN. & MGT. SERVICES DIR. p.0 St. 1.3 1997 OFUEP MAYOR(ORASSISTA � TOTAL # OF SiGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: 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 trie resolution, Public Health is ordered to remove the building. The subject property is located at 106 Congress Street West. RECOMMENDATIONS: Appmv¢ (A) or Reject (R) pERSONAL SERVICE CONTFiACTS MI1ST ANSWER THE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL SEFVICE COMMISSION 1. Has this pe�sonffirm ever worketl under a crontract for this tlepartment? _ CIB COMMITfEE _ YES NO _ SrpFF 2. Has this person/firm ever been a city employee? — YES NO _ o1STRIC7 cAUR7 — 3. DoeS this person/firm possess a skill not normally possessed by any current ciry employee? SUPPORTS WHICH COUNqL O&IECTiVE? YES NO . Expiain all yeb answers on separate sheet antl attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, Wnan, 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 5aint 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 7.06 Congress Street West by July 7, 1997, and have failed to comply with those orders. ADVANTAGESIF APPROVED: The City will eliminate a nuisance. �� ;;;�4� �`:�5��'� �v`'�' � .!€!L 1 � i�97 �"�r� �� 1 9,q1 �� DISADVANTAGESIFAPPflOVED. -----�"�'-^-^-' �---°-� - -" 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 condiCion will remain unabated in the City. This building(s) will continue to blight the community. $6,000 - $7,000 TOTAL AMOUNT Of TRANSACTION $ COS7/REVENUE BUDGEiED (CIRCLE ONE) YE NO Nuisance Housing Abatement 33261 FUNDING SOURCE AC7IVITY NUMBER FINANGIAI INFORMATION (E%PLAIN) a�-l��y r•� •.: � Date: August 5, 1997 Time: 10:00 am. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer Resolution ratifying assessment of benefits, costs, and expenses for summary abatements for the following: J9708B - Boardings-up of vacant buildings for Mazch 1997. J9709C - Demolitions for March and April 1997. J9706V - To collect expenses involved for towing abandoned vehicles from properties from Aprii to December 1996. Legislative Hearing Of£cer recommended approval of the assessments with the following exception: 140 E. Delos Street - Assessment deleted. 2, Summary abatement appeal for 721 Tuscarora Avenue; Kenneth Williams, appellant. Legislative Hearing Officer recommended laying over to the September 2 Legislative Hearing. 3. Summary abatement appeal for 53 North Dale Street; 3eanette Kamman, appeilant. Legislative Aearing Officer recommended denial because the appeal was received late and the work had atready been done by the City. 4. Summary abatement appeal for 428 Ohio Street; Mary Altman, appellant. Legislative Hearing Officer recommended denying the appeal but giving the owner until August 4, 1998 to take care of the pro6lem. 5. Resolution ordering the owner to remove or repair the building located at 106 Con�.ress Street West. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Legislative Hearing Officer recommended approval. 9� �� MINUTES OF LEGISLATIVE HEARING � August 5, 1997 Room 330, City Hall Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Chuck Votel, Guy Willits, Public Health Gerry Strathman, Legislarive Heazing Officer, called the meeting to order at 10:00 am. Gerry Strathman deleted the tow chazges on 344 Duke Street and 1367 Forest Street. The owners had already paid these assessments. Resolution ratifying assessment of benefits, costs, and expenses for summary abatements for the following: J9708B - Boardings-up of vacant buildings for Mazch 1997. J9709C - Demolitions for March and April 1997. J9706V - To collect expenses involved for towing abandoned vehicles from properties from April to December 1996. 140 E. Delos Street Dan Langenfeld appeared and stated he helped Ms. Godina buy the house. Mugarita Godina, owner of property, appeared and stated this is about a vehicle that was towed in 1996, which was � two owners previous to her owning the house. Gerry Sirathman viewed photos and stated when an assessment is not paid, the City places the assessment against the property. As part of the closing process, one of the documents the seller signs is a certification that there are no pending assessments. Aan Langenfeld stated the title company will not pay the assessment because it did not show up when they did their search. Mr. Langenfeld does not think the previous owner knew there was an assessment against the property. Chuck Votel reported the State law mandates the City store the vehicle for a minimum of 45 days. The properiy owner had the right to reclaim the vehicle. That in itseif leads to a delay ofputting i1 on the assessment. Gerry Strathman recommended deleting the assessment. 2. Summary abatement appea( for 721 Tuscarora Avenue; Kenneth Williams, appellant. Kenneth Wiliiams, owner, appeared and stated his neighbor hates him because he will not let her dog use his yard and this neighbor has turned in Mr. Williams about six times. Mr. Wiiliams had a friend's van parked in his yazd; that van is now gone. The donut machine vehicle is parked on the asphalt. The camper is also parked on the asphalt and is in running condirion. The other trailer is parked off to the side. All the vehicles are currentiy tabbed. The grass is now growing. There were two loads of black dirt that was put in. � MINUTES OF THE LEGISLAITVE HEARING, AUGUST 5, 1997 Page 2 Gerry Sh stated he had photos dated yesterday that show carpeting laying on the grass. Mr. � Williams stated the carpeting is to keep weeds and snakes down. Mr. Strathman stated the City code considers that refiase. Guy Willits reported there is a semi-traiter there. Kenneth Williams responded it is not to be used on the highway. Gerry Strathman stated a non operating trailer is not acceptable. Gerry Stratl�man stated Public Health should work more with Kenneth Williams to come up with an arrangement to meet Mr. Witliams needs because he seems to be wilting to work with the Ciry. Chuck Votel stated he would put Mr. Williams in touch with the Zoning Enforcement Division and they will go out to the address and make a determination if the trailer can be legaily parked there in accordance with zoning restrictions. It may be possible to put Class 5 under it. Gerry Strathman recommended laying over this matter to the September 2 Legislarive Hearing. 3. Summary abatement appeal for 53 North Dale Street; Jeanette Kamman, appellant. 7eanette Kamman, owner, appeazed and stated the City has cut down her trees. Chuck Votel stated this work was already done. Gerry Strathman recommended denial because the appeal was received late and the work had � a]ready been done by the City. 4. Summary abaYement appeal for 428 Ohio Street; Mary Altman, appellant. Mary Altman, owner, appeared and sTated Yhe face is cracking on the retaining wall, It will eventually have to be repaired. The house is a renovation project and there are more pressing items that need to be attended to. Her plans are to have Yhe wall completely refaced next summer. Guy Willits reported the inspector was ]ooking for a fime frame. His main concern was the crumbling and the rocks on the sidewaik. Mary Altman stated she has had several people look at the wall and it is sound. The stucco face is the problem She will keep the sidewalk clean. Gerry Strathman recommended denying the appeal but giving the owner unril August 4, 1998 to take caze of the problem. 5. Resolurion ordering the owner to remove or repair the building located at 106 Con�ress Street West. If the owner fails to comp]y with the reso]ution, Public Health is ordered Yo remove the building. No one appeared. Chuck Votel reported Robert Palme is attempting to rehabilitate the building. There have been 4 summary abatements notices issued and a citation. Real estate taxes aze paid. Code compliance � �l� id�/ MINUTES OF THE LEGISLATIVE HEARING, AUGUST 5, 1997 Page 3 � was done in 1996 and is still viable. The cost to repair is $20,000 and the cast to demolish is $5,200. Gerry Strathman recommended approval. 6. Resolution ordering the owner to remove or repair the building located at 772 Frank Street. If the owner faiis to comply with the resolution, Public Health is ordered to remove the building. No one appeared. Chuck Votel reported the building is owned by the Minnesota Finance Agency which is attempting to sell the properry. It was condemned in July ] 996. The cost to repair is $45,000. There is no code compliance inspection report and no bond has been posted. It is in a severe state of deteriorafion. Gerry Strathman recommended approval. Resolution ordering the owner to remove or repair the building located at 328 Lexineton Parkwav North. If the owner faiis to comply with the resolufion, Public Health is ordered to remove the buiiding. � Chuck Votel reported this building was condemned in October of 1995. It has been a registered vacant building since June of 1996. Three summary abatements have been issued, most for weeds. The CiTy has had to board the building to secure it against trespass. A citarion has been issued for failure to pay vacant building fee and this citation has gone to warrant. Real estate taYes are paid. Certificate of occupancy was done in May. The cost to repair is $60,000 and the cost to demolish is $22,000. Mohammed Shahidullah, owner, appeared and stated Pat Fish is going to inspect ihe property next week. It is not ready for occupancy. Mr. Shahidullah showed Gerry Strathman pichues of the properiy. Gerry Strathman recommended approval and amended the date for repair or removal to Febniary 3, 1998 if a$2,000 bond is posted and the vacant building fee is paid. 8. Resolution ordering the owner to remove or repair the building located at 924 Forest Street. If the owner fails to comply with the resolution, Public Health is ordered to remove the building. Chuck V otel reported the building was condemned in 1996 and has been vacant since that time. Thtee summary abatements have been done. The vacant building regish�ation fees and the real estate taafes are paid. On July 1 i, a code compliance inspection was done. No bond has been posted and no permits have been taken out. The cost to repair is up to $60,000 and the cost to � demolish is $7,800. MINUTES OF THE LEGISLATIVE HEAF�ING, AUGUST 5, 1997 Page 4 Don Foiske, owner, appeared and stated he plans to fix the buiIding. Also, he wants to rebuild the � wood shed, which is actually a playhouse. Gerry Strathman told Mr. Folske he needed to speak to the inspector about that. Gerry Strathman recommended approval and amended the daYe for repair or removal to February 3, 1998 if a$2,000 bond is posted and the necessary permits aze pulled by noon of August 13. � v%2% 9. 608 �1efls Street (This property was not on the agenda, therefore the files were not at the heazing.) Joel LaVahn, representing Homesmart management, appeazed and stated Homesmart acquired the mortgage from TCF on this property. The ordinance requires the Order of Abatement to be served on interested parties defined as mortgage holder of record. By the staff's own admission, Homesmart was never served a copy of the abatemenT order. The ordinance also requires Yhe norice of public hearing be served on interested parties. Chuck Votel stated he did not have this file with him. Gerry Strathman stated the Council has the authority to review the appropriateness of the administration's actions. The ordinance requires certain noYification to be done. Mr. Strathman asked what remedy is being sought. 7oel LaVahn responded Homesmart is in the business of rehabiIitafing property. There was an itemized fist of what needed to be done. Homesmart thought � it would make $58,500. Mr. Strathman stated the Council could make a determination that the Administration acted correctly or did not, however the CiTy Council is not in a posifion to offer reIief and will not enter into negotiations. The Council could conclude that the praper procedures were not followed and the assessment is not going to be levied. The City Attomeys office is in a position to discuss damages. Gerry Strathman made no recommendation due To inadequate informaYion for a hearing. I0. 787 Buffalo Street (The cazd indicating the owner wanted to be heazd before the Legislative Hearing Officer was not retumed, therefore this properiy was noY on Yhe agenda and the files were not at this heazing.) Thomas Lattery, owner, appeazed and stated he wished to deed this property to the City. Chuck Votel informed Mr. Lattery he should call Sheryl Pemberton from the License, Inspections, and Environmental Protection Office. Gerry Strathman recommended denying the appeal. Meeting adjoumed at 11:11 a.m. �