97-726� M, � � C� � P - G /1, � C�'�in�il File # ��'] -�
Green Sheet # \ \ �/ `5
_ . RESOLUTION
CITY OF SAINT PAUL, MINNESOTA �
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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 repaix or wrecking and removal of a two-story, wood
frame dwelling, detached, oversized, wood frame garage and all accessory structures mcluding
semi-trailer located on properiy hereinafter referred to as the "Subject Property" and commonly
known as 846 Western Avenue North. This properiy is legally described as follows, to wit:
Lots 8, 4, and 10, Block 2, Kings Subdivision of Lots 24 and 25 Wilkin and
Heywazd's Add'ation to the City of St. Paul.
WHEREAS, based upon the records in the Ramsey County Recorder's Office and
information obtained by Public Health on or before March 27, 1997, the following are the now
known interested or responsible parties for the Subject Properry: Michael & Donna Eisel, 846
Western Avenue North, St. Paul, MN SSll7; 7eff Detloff c/o Remax, ll200 West 78th Street,
Fden Prairie, MN 55344; Calmco Inc., Attn: L. Keller Mackie, 301 Congress Avenue, Ste. 200,
Austin, TX 78701; Paul A. Weingarden, 4500 Park Glen Road #310, Mpis., MN 55416; Temple-
Inland Mortgage, 301 Congress Avenue, P.O. Box 2009, Austin, TX 78768; Interstate Bonding,
Inc., 8 East Fourth Street, St. Paul, MN 55101, Re: Mike Eisel (Judgment); Healthspan Service
Co. DBA Reliance Recoveries, 6160 Summit Drive, Brooklyn Center, MN 55430, Re: Michael &
Donna Bisel (Judgment); Goldberg Bonding Co., Inc., 336 North Wabasha Street, St. Paul, MN
55102, Re: MicY�ael G. Eisel (Judgment); State of Minnesota, State Tax Lien of Michael G. Eisel,
10 River Park Plaza, St. Paul, MN 55107; Pro-Paint, Ina, 7640 North 44th Street, Oakdale, MN
55128, Re: Mike Eisel (Judgment); Union Planners, Attn: Betty Spurlin, 5014 Poplar Avenue,
Memphis, TN 38117
WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the
Saint Paul L,egislauve Code an order identified as an "Order to Abate Nuisance Building(s)" dated
March 21, 1997; 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 21, 1997; and
WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring
this building(s) to constitute a nuisance condi6on; subject to demolition; and
WHEREAS, this nuisance condition has not been corrected and Public Health requested that
the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council
and the Saint Paul City Council; and
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WHEREAS, the interested and responsible parties have been served notice in accordance
with the provisions of Chapter 45 of the Saint Paul I,egisla6ve Code, of the time, date, place and
purpose of the public hearings; and
WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City
Council on Tuesday, 7une 3, 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 Properry safe and not detrimental to the public peace, health, safety and
welfaze 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
demoliuon 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 il,
1997 and the testimony and evidence including the action taken by the Legislative Hearing Officer
was considered by the Council; now ffierefore
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 Properiy at 846 Western Avenue North:
1. That the Subject Properry 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 buiiding(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 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:
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By:
1. The above referenced interested or responsible parties shall 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 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 �'s�������-days after the
date of the Council Hearing. -�h: r{,30�
2. If the above conective action 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 chuge the costs incurred against the
Subject Property pursuantto the provisions of Chapter 45 oPthe 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 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 this resolution be mailed to the owners and interested
parties in accordance with Chapter 45 of the Saint Paul I.egislative Code.
xequested by Department of:
By: /���'T��t/^V-L-
Form
By:
Approved by
Council
City Attorney
for Submission to
Approved by Mayor: Date ��1�4' �
� `; �
$y: —. ._. C c ' BY: P
-_ � • _ . __ _ _.
Adopted by Council: Date \ ° l
Adoption Certified by Counc' Secretary
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DEPARTMENT/OFFICECOUNCIL DATE INITIATED NO 19 0 9 5
Public Health OS-09-97 GREEN SHEET
CONTAC7 PER$ON & PHONE � lNfT1AVOATE 1NITIAINATE
- A3T10S �70t0�. 298-4153 DEPHfiTMENT�IRECTOR fiYCOUNCIL
A$$IGN �ryp770RNEY CT'CLERK
MUST BE ON CAUNCILAGENDA BV (DATE) ��qGFOR � BU�GEf DIREGTOR � FIN. & MGT. SERVICES DIR.
June � 11, 1997 OflDEB MAYOR (ORASSIST �
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACT70N 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 the resolution, Publia Health
is ordered to remove the building. The subject property is located at 846 Western Avenue
North.
RECOMMENDATIONS: Approve (A) or Reject (RJ pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS:
_ PIANNING COMMISSION _ CIVIL SERVICE COMMISSION 1. Has this persorv'firm ever worked untler a contrac[ for tnis tlepartment?
_ CIB COMMITTEE YES NO
— 2. Has this personRirm ever been a ciry employee? _
_ STAFF — YES NO
_ Disia�ciCOUR7 — 3. Does this persoNfirm possess a skill not normally possessed by any curtent city employee?
SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO
Explain all yes answers on separete sheet antl attach to green sheet
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where. Why):
This building(s) is a nuisance building(s) as defined i.n 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 846 Western Avenue North by April 21, 1997, and have
failed to comply with those orders.
ADVANTAGESIFAPPROVED:
The City will eliminate a nuisance. , ,�, „ ������, ��>� � ,
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DISADVANTAGESIFAPPqOVED�
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.
TOTALAMOUNTOFTRANSACTION $ $10,000 - $12,000 COST/REVENUEBUDGETED(CIRCLEONE) YES NO
Nuisance Housing Abatement 33261
FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION' (EXPLAIN)
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SAINT PAUL PUBLIC HEALTH
Nea[ Halmn, MD., MP.H., Direc[or
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CITY OF SAINT PAUL NUISANCE BUILDINGS CODE 61L298-4153
Nosm Coleman, M¢yor ENFORCEF�M'
555 Cedar Street
Saint Paul, .LLV 53107-2260
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`Vao' , _>...,_. ,y
May 9, 1997
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NOTICE O�' PUBLIC HEARINGS
Council President and
Members of the City Council
Saint Paul Public Health, Vacant/Nuisance Buildings Enforcement Unit has requested the
City Council schedule public heazings to consider a resolution ordering the repair or
removal of the nuisance building(s) located at:
846 Western Avenue North
The City Council has scheduled the date of these hearings as foilows:
Legislative Hearing - Tuesday, June 3, 1997
City Councii Hearing - Wednesday, June 11, 1997
The owners and responsible parties of record are:
Name and Last Known Address
Michael & Donna Eisel
846 Western Avenue North
St. Paul, MN 55117
Jeff Detloff
c/o Remax
11200 West 78th Street
Eden Prairie, MN 55344
Caimco Inc.
Attn: L. Keller Mackie
301 Congress Avenue, Ste. 200
Austin, TX 78701
Interest
Fee Owner
Agent for Mortgagee
Mortgagee Representive
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846 Western Avenue North
May 9, 1997
Page 2
Name and Last Known Address
Paul A. Weingazden
4500 Pazk Glen Road #310
Mpls., MN 55416
Temple-Inland Mortgage
301 Congress Avenue
P.O. Box 2009
Austin, TX 78768
Interstate Bonding, Inc.
8 East Fourth Street
St. Paul, MN 55101
Re: Mike Eisel (Judgment)
Goldberg Bonding Co., Inc.
336 North Wabasha Street
St. Paul, MN 55102
Re: Michael G. Eisel (Judgment)
State of Minnesota
State Tax Lien of Michael G. Eisel
10 River Pazk Plaza
St. Paul, MN 55107
Pro-Paint, Inc.
7640 North 44th Street
Oakdale, MN 55128
Re: Mike Eisel (Judgment)
Union Planners
Attn: Betty Spurlin
5014 Poplaz Avenue
Memphis, TN 38117
Tnterest
Attomey for Mortgagee
Service for Bankers Trust, Co., Mortgagee
Judgment Creditor of Fee Owner
Judgment Creditor of Fee Owner
Judgment Creditor of Fee Owner
Judgment Creditor of Fee Owner
Mortgagee
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84b Western Avenue North
May 9, 1997
Page 3
Name and Last Known Address Interest
Healthspan Service Co. DBA Reliance Recoveries Judgment Creditor of Fee Owners
6160 Sununit Drive
Brooklyn Center, MN 55430
Re: Michael & Donna Eisel (Judgment)
The legal description of this property is:
Lots 8, 9, and 10, Block 2, Kings Subdivision of Lots 24 and 25 Wilkin and
Heyward's Addition to the City of St. Paul.
Saint Paul Public Health has declared this building(s) to constitute a"nuisance" as defined
by Legislative Code, Chapter 45. Public Health has issued an order to the then known
responsible parties to eliminate this nuisance condition by correcting the deficiencies or by
razing and removing this building(s).
Inasmuch as this Order to Abate has not been complied with the nuisance condition remains
unabated, the community continues to suffer the blighting influence of this property. It is
the recommendation of Public Health that the City Council pass a resolution ordering the
responsibie parties to either repair, or demolish and remove this building in a timely
manner, and failing that, authorize Public Health to proceed to demolition and removal, and
to assess the costs incurred against the real estate as a special assessment to be collected in
the same manner as taxes.
Sincerel ,
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Reneta Weiss
Program Supervisor
Vacantll�iuisance Building Unit
Saint Paul Public Health
RW:mI
cc: Jan Gasterland, Buiiding Inspection and Design
Stephen Christie, City Attorneys Office
Nancy Anderson, Assistant Secretary to the Councii
Steve Zaccard, Fire Mazshall
Dan Pahl, PED-Housing Division
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REPORT:
Date: June 3, 1997
Time: 10:00 a.m.
Place: Room 330 Ciry Hall
15 West Kellogg Boulevazd
LEGISLATNE HEARING
Gerry Strathman
I.egislative Hearing Officer
1. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for
the following (Iaid over from May 6, 1997 Legislative Hearing):
2106 Marshall Ave. (J9705AA)
473 Cretin Ave. S. (J9705AA)
1857 E. Cottage Ave. (J9705AA)
2176 Stillwater Ave. (J9705AA)
645 St. Anthony Ave. (79705AA)
1110 Forest St. (J970AA4)
Legislative Hearing Officer recommended approval of the assessments with the
following exceptions:
2106 Mazshall (79705AA) laid over to June 17, 1997
2176 Stillwater Avenue (79705AA) reduce assessment to $37.50
2. Resolution ordering the owner to remove or repair the referenced building, located at 1359
Blair Avenue. If the owner fails to comply with the resolution, Public fIeaith is ordered
to remove the building.
Legislative Hearing Officer recommended approval and amended the date for repair
or removal of the structure to October 11, 1997.
3. Resolution ordering the owner to remove or repair the referenced building located at$4¢
Western Avenue North. If the owner faiis to comply with the resolution, Public Health is
ordered to remove the building.
Legislative Hearing Officer recommended approval.
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4. Resolurion ordering the owner to remove or repair the referenced building located at�5
Mic jg�n Street. If the owner faiis to comply with the resolution, Public Health is ordered
to remove the building.
Legislative Hearing OtTcer recommended approval and amended the date for repair
or removal of the structure to 180 days.
5. Resolution ordering the owner to remove or repair the referenced buiiding tocated at�77
Kent Street. If the owner fails to comply with the resolution, Public Health is ordered to
remove the building.
Legislative Hearing Officer recommended approval.
6. Resolution ordering the owner to remove or repair the referenced building located at�75
Harrison Avenue. If the owner fails to comply with the resolution, Public Health is
ordered to remove the building.
Legislative Hearing Officer recommended laying this matter over to July 1, 1997.
7. Resolution ordering the owner to remove or repair the referenced building located at.Q�,S
Sherburne Avenue. If the owner fails to comply with the resolution, Public Health is
ordered to remove the building.
Legislative Hearing Officer recommended approval and amended the date for repair
or removal of the structure to 180 days if the $200 vacant building fee is paid and
$2,000 bond is posted by noon on June 11, 1997.
8. Resolution ordering the owner to remove or repair the referenced building located at�
C�pitol HeiQhts. If the owner fails to comply with the resolution, Public Health is ordered
to remove the buiiding.
Legislative Hearing Officer recommended approval and amended the date for repair
or removal of the structure to 13ovember 12, 1997.
9. Summary abatement appeal for 1176 Portland Avenue; Bonnie J. Hughes, appellant.
The appeal was withdrawn
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MINUTES OF LEGISLATIVE HEARING
7une 3, 1997
Room 330, Ciry Hall
Gerry Strathman, Legislative Hearing Officer
STAFF PRESENT: Chuck Votei, Guy Willits, Public Health; Roxanna Fiink, Real Estate.
Gerry Strathman, Legislative Hearing Officer, called the meeting to order at 10:05 a.m.
Resolution ratifying assessment of benefits, costs and expenses for summary abatements
for the following (Iaid over from May 6, 1997 Legisiative Hearing):
2106 Marshall Ave. (J9705AA)
473 Cretin Ave. S. (J9705AA)
1857 E. Cottage Ave. (J9705AA)
2176 Stillwater Ave. (79705AA)
695 St. Anthony Ave. (J9705AA)
1110 Forest St. (79704A4)
Legislative Hearing Officer recommended approval of the assessments with the
following eatceptions:
2106 Mazshall (J9705AA) laid over to June 17, 1997
2176 Stillwater Avenue (79705AA) reduce assessment to $37.50
�857 E. Cottage Avenue
Guy Willits, Public FIealth, showed a video of the properry and reviewed the staff report.
Orders were mailed on January 30, 1997, to remove snow from the walk. A recheck was done
on February 3, 1997; and the city did the work on February 5, 1997.
Mary Kelly, property owner, appeared and stated that she was having back probiems and could
not shovel her sidewalk. During that time is when they had the ice storm and she tried
chopping the ice but she didn't have the strength.
Mr. Strathman stated it is the property owner's responsibility to shovel the walk oz make
arrangements to have it done. The video clearly shows the work was done by city crews and
rez.ommended approving the assessment.
473 Cretin Avenue S.
No one appeared; recommended approving the assessment.
IY10 Forest �
Guy Willits, Pablic Heatth, showed a video of the property and reviewed the staff report.
Orders were mailed on October 31, 1996 to remove mattresses, couch, refrigerators, refuse,
carpeting, and discazded range. A recheck was done on November 8, 1996, the property was
not cleaned up, and the work was done by the city on November 29, 1996.
Chadoua and Youa Vue, property owners, appeared. Mr. Vue stated that they bought the
property on September 16, 1996. The previous owner lived on the properry until October 5,
1996. When she moved out, she told them she woutd clean everything including the basement
and the garage. She unlocked the garage so that it would be easy for her peopte to move things
out. They waited for her to come back and in the meantime, they put some of her things in the
back yard so they could clean building for people moving in. Everything that was taken from
the back yard and gazage belonged to the previous owner.
Mr. Strathman inquired where the orders were sent. Mr. Votel responded that they were
mailed to Bob Van Lee at 1110 Forest, the previous owner. Orders were also posted at the
property, there was no phone listing, and the gazage was not secured.
Mr. Vue stated that ihe only order he saw was fhe one dated December 2A, i996.
Mr. Strathman stated that the order mailed October 31, 1996, was sent to the previous owner
because she was listed on the tax records as the official owner. The previous owner had a
tegal obtigation to inform the new owners that this order was outstanding. The city is required
under the ?aw to send notice to the property owirer as recorded at the Ramsey county property
taxation. The city followed the proper legal procedures, the video clearly shows the work was
done by the city, and recommended approval of the assessment.
122 Manitoba Avenue
No one appeared.
This assessment was ra�ed on May 9, 1997 and was not part of the laid over assessments
for today's hearing. It was re�liscussed and no action was taken.
2106 Marshal! Avenne
Laid over to June 17, 1997
_458 Marvland Avenue
No one appeared-
This assessment was ratified on May 14, 1997 and was not pazt of the laid over
assessments for today's hearing. It was re-discussed and no action was taken.
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�03 Randol�h Avenue
No one appeared.
This assessmevt was ratified on May 14, 1997 and was not part of the laid over
assessments for today's hearing. It was re-discussed and no action was taken.
¢Q5 St. Anthony Avenue
Guy Willits, Public Health, showed a video of ihe property and reviewed the staff report. The
order was mailed December 20, 1996, to remove snow and ice from the walk. The properry
was rechecked on January 15, 1997; the city did the work on 7anuary 16, 1999.
Mike Peters, properry owner, appeared and stated that in early January when he received the
notice from the city, he took care of the problem. He received no fiurther warnings. At that
time, it stormed back-to-back and the snow was blowing ail week.
Mr. Strathman clarified that two sets of orders were issued to clean the walk, December 20,
1996 and January 7, 1997. City ordinance requires that snow be removed within 24 hours
after a snow fall. In viewing the video, it is cleaz that the snow had been on the sidewalk for
more than 24 hours.
Mr. Peters explained that the walk had been shoveled 4 or 5 times after he was notified. It was
a record winter for snow fall. The reason he never got his walk done by the next day was
because he was doing snowpiowing and was usually out for 2 days. He stated that he Y�ad a
right to be informed and to have a chance to take care of the problem, the city didn't do that.
Mr. Strathman stated that according to city records, the letter sent on January 7, 1997
indicated the snow was to be removed. A recheck was done on 7anuary 15 and the snow still
hadn't been removed; on January 16 the city erew went out and removed the snow, It is clear
on the video that there was snow on the sidewalit and recommended agproval of the
assessment.
2176 Stillwater Avenue
Guy VJillits, Public Health, showed a videa of the property and reviewed the staff report.
Orders were mailed on January 21, 1997 and again January 24 to remove snow. The property
was rechecked on January 23, 1997; the city did the work on February i, 1997.
3eff Miller, property owner, appeared and stated that he shove3ed the sidewalk 3' wide. He
did contact the city 3 times on Friday the 31st after he received the notice that the work order
had been issued. He called the inspector at 9:00 a.m., 10:00 a.m., and paged ]rim at 11:30
a.m., and he never returned his call. The Wednesday prior to that, he went out to clear the
walk and couidn't chisel through the ice. By Friday it had warmed and he spent 3 hours
clearing the sidewalk.
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All the city flid was prohably plow another inch, dug up his lawn and put dirt and sand over
what he had already shoveled.
Mr. Strathman stated that in viewing the video, it appears an attempt was made to clean it up
the snow although it wasn't quite adequate. IIe recommended reducing the assessment from
$132.50 to $37.50.
251 Wayzata Street
No one appeared.
This assessment was ratified on Apri19, 1997 and was not part of the laid over assessments for
today's heazing. It was re-discussed and no aetion was taken.
Mr. Stratkman noted that a letter was received from Dawn Simon the property owner
erpiaining that she was having personai difficulties and financial hardstrips.
3. Resolution ordering the owner to remove or repair the referenced bniiding, located
at 1359 Blair Avenue. If ffie owner faiLs to comply with the resoIution, Public
Health is ordered to remove the building.
Chuck Votel, Public Health, reviewed the staff report stating that the building was condemned
in 7uly 1996, 5 summary abatement notices were issued to remove various nuisance law
violations. After an inspection In Mazch 1997, the buiIding was deciared a nuisance. A code
compliance inspection was obtained on May 28, 1997, and the estimatec� amount of money
needed to repair the structure makes it unlikely and not economically feasible to rehabilitate.
He also noted a letter was received from community members in support of condemnation.
Mr. Strathman questioned why this matter was being heard when a bond had been posted on
April 11, 1997, and permits obtained.
Mr. Votel referred to the code compliance inspection report and stated that under item #4, the
inspector noted that most of the work that had been done to the building and gazage was
substandard and would have to tre redone. The building is sti11 in a nuisance condition as it has
been for some time which is the basis for requesting an order for repair or removal.
Mr. Nguyen stated that they obtained the permit on October 1, 1997, and posted the bond
which gives them 6 months to bring the house up to code. The vacant building fee of $200 and
the cofle compliance was gaid. He's in the process of re-roofing ttie house; it's a slow process
but he does has 6 months to complete the work.
Mr. Suathman asked the property owner if he ea�pected to bave the work completed in 6
mo�s. Mr. Nguyen responded that he wouid not have posted the $2,000 bond if he didn't
plan to have the work done in 6 months. When he talked to Don Wagner, he was told he couid
either try to sell the house the way it was or he could try to repair it, and if he posted a bond,
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ihe city was pretty lenient if 50% of the work was done within 6 months.
Mr. Strathman asked about the wmplaints received on the properry.
Mr. Votel stated that they had so many problems with the property that they issued a notice to
boazd all accessible first floor openings to the building. It wasn't done and the city had to have
the contractor go out and put 16 boazds on the building to secure it. There hasn't been any
real effort to complete the repairs and the city is concemed because the inspector stated in his
report that the work that has already been done needs to be redone. It is substandard work
and is not going to get a code compliance. The people next door want some resolution to this
property.
Mr. Nguyen stated that every time an abatement was sent, he took caze of it. Basically all he
wants to do is fix up the house and either rehab or sell it. He has the code compiiance list and
is making sure that the work he does meets code.
Quoc Nguyen, previous owner of the house, stated he deeded the property to lus son, but
explained that he still holds the mortgage and has some responsibility in the matter. Ae is very
concerned about the rehabilitation or the sale of the propercy to pay the balance of ffie
mortgage. He wants to comply with the city.
Mr. Strathman stated concem about the house being a nuisance to the neighborhood and the
possibility that the work on the building may not be 50% completed when the 6-month period
expires. If this is allowed to continue, they may be in a worse situation in a coupie of months.
Mr. Nguyen stated there aze 4 more months and 11 days before the bond expires. The reason it
doesn't look like much work has been done to the building is because everything has been on
the interior. He's now ready to re-roof the house and do the siding.
Tom Ryan, 1363 Blair, appeared and stated that the rime line here seems to be skewed to same
extent by the fact that the permit was not pulled until April 11, 1997. The building became
vacant on July 30, 1996, and subsequently went into the vacant house status. It is his
understanding, through contact with the inspectors, that the owner made no move to get the
building inspected until the last possibie minute when he would be forced by abatement order
to do so. It was anly in the face of those orders that the permit was pulled and that the
inspection was made. That inspecrion speaks for itself in terms of the quality of the work.
The records contain a copy of a petition signed by neighbors signed on August 12, 1996. He
also presented a new petition signed by 25 individuals surrounding the properry in question
urging the city to either insuze that rehabilitation go forward prompfly to bring this properry up
to the city codes and neighborhood standards, or that this dangerous and unsightly structure be
removed. The neighbors have had enough. If time is going to be granted to rehabilitate, then
the most strenuous supervision should be put irno place.
Beth Randall, Executive Director of A-Mazk, stated this property has been an issue with
repairs according to neighbors since January of 1995. It dcesn't appeaz to be economicatly
feasible to renovate. She mentioned that one thing that may not have been suggested as a
financial option is selective clearance. Aiso selling the building as is rather thau putting money
into it. Iier company wouid be willing to pay for the lot but they would not renovate the
building, it would be tom down. She would discourage putting more mo�y into the building.
They are in support of the neighbors to make sure that there is a solution in a very timely
fashion. Elctending the time line isn't going to solve the problem.
Quoc Nguyen indicated that if the community wants to buy the properry, he would be Yiappy to
sell it.
Mr. Strathman stated that the fact that the bond has been posted and legal permits have been
puiled, he would not recommend proceeding witfi demoIition until the 6 mornh period had
expired. He recommended giving the property owner until October 11, 1997 to complete the
repairs.
3. Resolution ordering the owner to remove or repair the referenced building located
at $46 Western Avenue North. If the owner fails to comply with the resolution,
Public Heaith is ordered to remove the building.
Dave Assitt, attorney representing Bankers Tnrst Compaay, mortgage holder on the property,
appeared and stated that they have commenced foreclosure proceedings. The property went to
sale on March 22, 1997. The aze in the process of reducing the redemption period from 6
months to 5 weeks and if successful, they would be the owner of the property about 7uly 31,
1997. They t�ave had limited accessed to the property but ihey believe the structure may be
rehabilitated. He requested that if the building is to be removed, the order be deIayed 60 days
to allow time for their client to obtain tifle and possession.
Mr. StratUman stated that based on the information presented by staff and in viewing the
photographs, the building is clearly a public nuisance and therefore recommended approval of
the order to remove or repair within 15 days.
4. Resolution ordering the owner to remove or repair the referenced building tocated
at 'chigan� Street. If the owner faiLs to comply with the msolution, Public
Health is ordered to remove the building.
Bill Manson, property owner, appeared and stated that he purchased the home &om HLTD on
Apri[ 15, 1997 and fie is in the process of rehabilitating the structure.
�
q�.�►�-�
Chuck Votel, Public Health, reviewed the staff report stating that the building has been vacant
since May 1996. It went through HUD's foreclosure process and was to Mr. Manson.
Previous to that, it has been a problem property for the city since 7uly 1996. At this point,
Mr. Manson bas posted the bond and pulled building pernnits which are valid until November
20 ,1 997.
Mr. Strathman recommended the property owner be given 180 days to complete the
rehabilitation.
5. Resolution ordering the owner to remove or repair the referenced building located
at 677 Kent Street. If the owner fails to comply with the resolution, Public Health
is ordered to remove the building.
Faye Madison, Murnane Law Firm, appeared and stated that they have been retained by Bank
of America the mortgage holder to represent them. The mortgage is FHA and they aza dealing
with HUD on the property as well.
Chuck Votel, Public Health, reviewed the staff report stating that the building has been vacant
since February 1997 and Bank of America has begun foreclosure proceedings. The property
would be transfened to HL3D after the redemption period. The city has had to board the
building and three summary abatement notices were issued. Real estate taxes are currenfly
paid; the estimated cost to repair the building makes it unlikely and not economically feasibie
to rehabilitate.
Ms. Madison stated that tUey will be handling the mortgage foreclosure in the near future.
The file is currently in shipping between Bank of America's pre-foreclosure and foreclosure
depattments. They haven't done any tifle work on the property yet but they have received
indication that the properry was deeded to Paul SchwarCZ by Bahram Ghassemlon. After
talking with Mr. Ghassemlou, it is her understanding the he deeded the properry back to Paul
Schwartz but he doesn't want it back. It was also indicated the Mr. Schwartz and Mr.
Ghassemlou would be willing to enter into negotiations for a deed in lieu of fareclosure which
would speed up the process. They have been in touch with Soptrie Hallauer from HUD who
has ordered an emergency HUD inspection report.
Mr. Strathman stated he sympathized with their objective but elcplained that the city is dealing
with a building that has been vacant, declared to be a public nuisance, and the recommendation
by ciry inspectors is that rehabilitation is not economically feasible. In view of those facts, he
recommended approval of the order.
7
6. Resolution ordering the owner to remove or repair the referenced building located
at 275 FIarrison Avenue. If the owner fails to comply with the resoluhon, Public
Heatth is ordered to remove the building.
Brett Larson, Ramsey County Properly Records and Revenue, reported that Lhe property in
question is scheduled for aucrion 7une 19, 1997. There has been interest from potential buyers
and he's fairly certain ihat it will sell. He meet with the West 7th neighborhood group and
they indicated that there is some lristory behind the house. He requested time to allow the
properry to be sold at the auction.
Chuck Votel, Public Health, reparted t6at the property is secured. The building was
condemned in October 1996. The estimated amount of money needed to properly repair the
structure makes rehabilitation unlikely and not economically feasible.
Mr. Stratl�man recomme�ed the matter be 2aid over to Juty 1, 1997.
'7. Resolution ordering the owner to remove or repair the referenced buitding located
at 915 Sherburne Avenue. If the owner faiLs to comply with the resolution, Public
Heatth is ordered to remove the building.
Chuck Votel, Public Heatth, reviewed the staff report stating the building has been vacant
since August 1996, and there have been two summary abatement orders issued. The real estate
tases aze paid and vacant building registration fees are due. A code compliance was done on
April 16, 1997; the estimated amount of money needed to pmperly repair the shucture makes
rehabilitation untikely and not economicatty feasible.
Ron Widerhoft, properry owner, appeared and stated that he plans to sell the property to Todd
who intends to rehab the building but wants to make sure that it won't be torn down.
Mr. Strathman stated that based on the information presented by staff and in viewing the
photograpks of the buildiag, he would require that a$2,000 bond is posted and permits pulled
as an assurance that the building wouid be rehabilitated within 6 months.
The perspecdve buyer indicated that would not be a problem.
Mr. Strathman recommended giving the property owner 180 days to repair tfie buiIding on the
condition that the vacant building fees are paid, and a$2,000 bond is posted by noon on
Wednesday, June 11, 1997.
0
��.� �.�
8. Resolution ordering the owner to renxove or repair the referenced building located
at 774 Canitol Hei h. If the owner fails to comply with the resolution, Public
Health is ordered to remove the building.
Chuck Votel, Public Heaith, reviewed the staff report and stated that the building was
condemned in October 1996. The city had to board the building, registration fees and taxes
are paid. On April 8, 1997 a Code Compliance inspection was done. The bond was posted
with the building inspection department on May 12, 1997, and a permit obtained which is valid
until November 12, 1997. Public Heaith wanu an order that says if the owner doesn't get the
work done, the buIlding is torn down.
Mike Davis, grandson of the property owner, Emil Lemke, appeared and stated that he intends
to rehabilitate the building. He explained that he was late in posting the bond because he went
to the wrong address and by the time he got to the right office it had closed. The following
Monday he posted the bond but notice had already been maHed.
Mr. Strathman recommended amending the resolution and giving the property owner wntil
November 12, 1997.
9. Summary abatement appeal for 1176 Portland Avenue; Bonnie J. Hughes,
appellant.
No one appeazed.
The appeai was withdrawn; the garage was removed.
The meeting adjourned at 11:45 a.m.
Gerry Suat�man, Legislative Hearing
L•]
2 . �
i
�
CTTY OF SAR�I'T PAUL
Norm Cokman, Mayor
`�7-7�G
Date: June 6, 1997
To: Tom Harren
From: Bruce Noyes
DEPARTMENT OF PLANNIN6
8 ECUNOMIC DEVEIAPMENT
Division ofHmw�
12ADCityHaIIAnna
25WutFavrth Saeet
SaiirtPau(MNSSIO2
Re: Pursuant to your request to inspect the premises at 846 N. Western Ave.
EXTERIOR:
Tekphone: 612-266-6626
Fauimilc 612-228-33I1
1. Roof: The asphatt shingles tabs are cupped and curled indicating the roof is nearing the end of
its useful life. The shed roof on the east side of the house is worn and deteriorated.
2. Eaves; There is unpainted plywood so�t and facia on approitimately 50°/a of the house.
Piywood is not a suitabie instatlation for facia. The balance of soffiY and facia members have
flaking and peeling paint. There are deteriorated crown moidings on the south side of the house.
3. Siding: There are 3 areas where at least 15 squaze feet of stucco is missing. There are several
large cracks on various parts of the house. A section of stucco has released from the substrate on
the south side of the house. Areas of siding have been variously patched with non-matching
mortar material, plywood, and other siding materials.
4. Doors and Windows: The double hung windows throughout the house are characterized by
flaking and peeling paint on the euterior of the sash, no weather stripping, broken panes, broken
sash cords and deteriorated putty. Storm windows are missing. The storm doors are missing.
There is flaldng and peeling paint on the majority of door and window triin members.
5. Foundation: There is differential settting of the foundation, 3-4 inches, along the west side of
the house along with cracks in the foundation_ The grade at the foundation is back-pitched toward
the house around the majority of the house. Three trees aze rooted against the foundation and �
growing against the side of the house.
6. Garage: The roof is at least 30 years old and badly deteriorated. The east wali is leaning. The
doors are not operational. A majority of the siding is deteriosated and/or devoid of paint. There is
an out building near the garage which is in poor repair.
Page 1 of 3
a �,��
u,rT:t�il
1. Kitchens (2): Unable to inspect the main floor kitchen due to large amounts of debris on floor
and cournertops. The second floor }3tch� has sections missing &om the vinyl floor, wom out
countertops, a worn sink and no GFI receptacles near the sinl�
2. Bathrooms (2): T4ie main floor bathroom serves as a hallway to one of the bedrooms and a
section of the vinyl floor is missing. The upstairs bathroom does noY have a finished floor, the
surround has released from the wall and the tub is worn and dirty;
3. Living Rooms (2): Both units are filled with debris; both units have dirty, wom, and
deteriorated carpet;
4. Bedrooms (4): All bedrooms are filled with debris; all floor coverings are dirty and worn; there
are water stained ceilings in 2 units; the door is missing from 1 unit; suspended ceiling tiles aze
missing in 1 unit; sheetrock and trim work are unfinished in 2 units;
5. Stairwells (2): The front stairway treads have irregulaz rise(run; the sheetrock installation on
the walls is unfinished; the handrail is not installed to code; _
6. Basement: The basement stairs are hazardous, without proper clearances, and the header joist
° is not properly supported. The laundry is not operational; the basement floor is covered with
, debris;
ELECTRICAL/MECHAIVICAL
1. Electrical: There is one 100 amp service with circuit breakers and one fused 60 amp service.
This property is zoned single famity, therefore it should be deconverted to a single electricat panel
and meter. Due to the debris in house it was possibie to test only a small number of outlets.
Kitchens and one bathroom lack GFI oudet protection Smoke detectors are not to code. �
2. Plumbing: The water service was shut off. Unable to check operational condition of plumbing
fixtures, water heaters, drains, waste and vent pipes, and water supply pipes, therefore its general
condi6on is unknown 'I'his property is zoned single family, therefore iYS second floor kitchen
plumbing must be removed to code. '
3. Heating: The operaiional condition of the warm air furnace which heats the main floor is
wilrnown. There is an older gas space heater on the second floor therefore it lacks centrai heating.
Page 2 of 3
o��_��-4
Cost Estimate
X
4..
Extetior.
1. Roof
2. Eaves
3. Siding
4.Doors &
Windows
5. Found.
6. Garage
Interior:
$3,000 Repair roof
$2,8Q0 Repair and paint or cover eaves, install gutters
$9,000 Remove stucco, install vinyl siding
$7,800 Replace e�cterior doors, Retrofit windows, repair and paint or cover
e�rterior trim, Install 12 storm windows,
$5,000 Repair settling foundation
$4,000 Demolish garage and out building
i. Kitchens $2,200 Replace floor coverings and countertop
2. Bathrooms $1,800 Replace floor coverings, install tub surround
3. Living Rm. $2,400 Replace floor coverings, paint
4. Bedrooms $3,300 Replace floor coverings, repair ceilings, paint
5. Stairway $1,700 Rebuiid steps and raiis, complete walls, paint
6. Basement $1,Q00 Rebuitd basement stairs
ElectricaUMechanical
1. Electric $3,000 Convert to a single electrical service, install GFI protection in
ldtchens and bathroom to code, instail smoke detectors to code
2. Plumbing $ 500 Decom�ert kitchen pldmbing Yo code �
3. Heating $5,000 Install central heat to the seoond floor
TOY31 �.'OSf $$$,SOO
Note: This report does not take into account the clean up costs associated with the St. Paul Public
Aealth DepartmenY s, "Order to Abate 23uisance Building(s)" for 846 Westem Ave. N., dated
March 21, 1997. Steve Magoer at Public Aealth estimates these costs in excess of $3,000.
Page 3 of 3
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Green Sheet # \ \ �/ `5
_ . RESOLUTION
CITY OF SAINT PAUL, MINNESOTA �
__ „ �n
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 repaix or wrecking and removal of a two-story, wood
frame dwelling, detached, oversized, wood frame garage and all accessory structures mcluding
semi-trailer located on properiy hereinafter referred to as the "Subject Property" and commonly
known as 846 Western Avenue North. This properiy is legally described as follows, to wit:
Lots 8, 4, and 10, Block 2, Kings Subdivision of Lots 24 and 25 Wilkin and
Heywazd's Add'ation to the City of St. Paul.
WHEREAS, based upon the records in the Ramsey County Recorder's Office and
information obtained by Public Health on or before March 27, 1997, the following are the now
known interested or responsible parties for the Subject Properry: Michael & Donna Eisel, 846
Western Avenue North, St. Paul, MN SSll7; 7eff Detloff c/o Remax, ll200 West 78th Street,
Fden Prairie, MN 55344; Calmco Inc., Attn: L. Keller Mackie, 301 Congress Avenue, Ste. 200,
Austin, TX 78701; Paul A. Weingarden, 4500 Park Glen Road #310, Mpis., MN 55416; Temple-
Inland Mortgage, 301 Congress Avenue, P.O. Box 2009, Austin, TX 78768; Interstate Bonding,
Inc., 8 East Fourth Street, St. Paul, MN 55101, Re: Mike Eisel (Judgment); Healthspan Service
Co. DBA Reliance Recoveries, 6160 Summit Drive, Brooklyn Center, MN 55430, Re: Michael &
Donna Bisel (Judgment); Goldberg Bonding Co., Inc., 336 North Wabasha Street, St. Paul, MN
55102, Re: MicY�ael G. Eisel (Judgment); State of Minnesota, State Tax Lien of Michael G. Eisel,
10 River Park Plaza, St. Paul, MN 55107; Pro-Paint, Ina, 7640 North 44th Street, Oakdale, MN
55128, Re: Mike Eisel (Judgment); Union Planners, Attn: Betty Spurlin, 5014 Poplar Avenue,
Memphis, TN 38117
WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the
Saint Paul L,egislauve Code an order identified as an "Order to Abate Nuisance Building(s)" dated
March 21, 1997; 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 21, 1997; and
WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring
this building(s) to constitute a nuisance condi6on; subject to demolition; and
WHEREAS, this nuisance condition has not been corrected and Public Health requested that
the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council
and the Saint Paul City Council; and
q�-� aG
WHEREAS, the interested and responsible parties have been served notice in accordance
with the provisions of Chapter 45 of the Saint Paul I,egisla6ve Code, of the time, date, place and
purpose of the public hearings; and
WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City
Council on Tuesday, 7une 3, 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 Properry safe and not detrimental to the public peace, health, safety and
welfaze 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
demoliuon 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 il,
1997 and the testimony and evidence including the action taken by the Legislative Hearing Officer
was considered by the Council; now ffierefore
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 Properiy at 846 Western Avenue North:
1. That the Subject Properry 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 buiiding(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 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:
��-�a�
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3
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
By:
1. The above referenced interested or responsible parties shall 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 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 �'s�������-days after the
date of the Council Hearing. -�h: r{,30�
2. If the above conective action 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 chuge the costs incurred against the
Subject Property pursuantto the provisions of Chapter 45 oPthe 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 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 this resolution be mailed to the owners and interested
parties in accordance with Chapter 45 of the Saint Paul I.egislative Code.
xequested by Department of:
By: /���'T��t/^V-L-
Form
By:
Approved by
Council
City Attorney
for Submission to
Approved by Mayor: Date ��1�4' �
� `; �
$y: —. ._. C c ' BY: P
-_ � • _ . __ _ _.
Adopted by Council: Date \ ° l
Adoption Certified by Counc' Secretary
a1�1-`l1G
DEPARTMENT/OFFICECOUNCIL DATE INITIATED NO 19 0 9 5
Public Health OS-09-97 GREEN SHEET
CONTAC7 PER$ON & PHONE � lNfT1AVOATE 1NITIAINATE
- A3T10S �70t0�. 298-4153 DEPHfiTMENT�IRECTOR fiYCOUNCIL
A$$IGN �ryp770RNEY CT'CLERK
MUST BE ON CAUNCILAGENDA BV (DATE) ��qGFOR � BU�GEf DIREGTOR � FIN. & MGT. SERVICES DIR.
June � 11, 1997 OflDEB MAYOR (ORASSIST �
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACT70N 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 the resolution, Publia Health
is ordered to remove the building. The subject property is located at 846 Western Avenue
North.
RECOMMENDATIONS: Approve (A) or Reject (RJ pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS:
_ PIANNING COMMISSION _ CIVIL SERVICE COMMISSION 1. Has this persorv'firm ever worked untler a contrac[ for tnis tlepartment?
_ CIB COMMITTEE YES NO
— 2. Has this personRirm ever been a ciry employee? _
_ STAFF — YES NO
_ Disia�ciCOUR7 — 3. Does this persoNfirm possess a skill not normally possessed by any curtent city employee?
SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO
Explain all yes answers on separete sheet antl attach to green sheet
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where. Why):
This building(s) is a nuisance building(s) as defined i.n 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 846 Western Avenue North by April 21, 1997, and have
failed to comply with those orders.
ADVANTAGESIFAPPROVED:
The City will eliminate a nuisance. , ,�, „ ������, ��>� � ,
,
4va ;;�as�sr � �' d,ss� ����
< _ �
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a',5�1'Y �,�. �i�-��� �`��� � s�.9
������
DISADVANTAGESIFAPPqOVED�
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.
TOTALAMOUNTOFTRANSACTION $ $10,000 - $12,000 COST/REVENUEBUDGETED(CIRCLEONE) YES NO
Nuisance Housing Abatement 33261
FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION' (EXPLAIN)
r,
SAINT PAUL PUBLIC HEALTH
Nea[ Halmn, MD., MP.H., Direc[or
q�-�a�
CITY OF SAINT PAUL NUISANCE BUILDINGS CODE 61L298-4153
Nosm Coleman, M¢yor ENFORCEF�M'
555 Cedar Street
Saint Paul, .LLV 53107-2260
i
@��°tPis �
`Vao' , _>...,_. ,y
May 9, 1997
�... .. _ � _,»?
NOTICE O�' PUBLIC HEARINGS
Council President and
Members of the City Council
Saint Paul Public Health, Vacant/Nuisance Buildings Enforcement Unit has requested the
City Council schedule public heazings to consider a resolution ordering the repair or
removal of the nuisance building(s) located at:
846 Western Avenue North
The City Council has scheduled the date of these hearings as foilows:
Legislative Hearing - Tuesday, June 3, 1997
City Councii Hearing - Wednesday, June 11, 1997
The owners and responsible parties of record are:
Name and Last Known Address
Michael & Donna Eisel
846 Western Avenue North
St. Paul, MN 55117
Jeff Detloff
c/o Remax
11200 West 78th Street
Eden Prairie, MN 55344
Caimco Inc.
Attn: L. Keller Mackie
301 Congress Avenue, Ste. 200
Austin, TX 78701
Interest
Fee Owner
Agent for Mortgagee
Mortgagee Representive
�
q� -�a�
846 Western Avenue North
May 9, 1997
Page 2
Name and Last Known Address
Paul A. Weingazden
4500 Pazk Glen Road #310
Mpls., MN 55416
Temple-Inland Mortgage
301 Congress Avenue
P.O. Box 2009
Austin, TX 78768
Interstate Bonding, Inc.
8 East Fourth Street
St. Paul, MN 55101
Re: Mike Eisel (Judgment)
Goldberg Bonding Co., Inc.
336 North Wabasha Street
St. Paul, MN 55102
Re: Michael G. Eisel (Judgment)
State of Minnesota
State Tax Lien of Michael G. Eisel
10 River Pazk Plaza
St. Paul, MN 55107
Pro-Paint, Inc.
7640 North 44th Street
Oakdale, MN 55128
Re: Mike Eisel (Judgment)
Union Planners
Attn: Betty Spurlin
5014 Poplaz Avenue
Memphis, TN 38117
Tnterest
Attomey for Mortgagee
Service for Bankers Trust, Co., Mortgagee
Judgment Creditor of Fee Owner
Judgment Creditor of Fee Owner
Judgment Creditor of Fee Owner
Judgment Creditor of Fee Owner
Mortgagee
a� -� a�
84b Western Avenue North
May 9, 1997
Page 3
Name and Last Known Address Interest
Healthspan Service Co. DBA Reliance Recoveries Judgment Creditor of Fee Owners
6160 Sununit Drive
Brooklyn Center, MN 55430
Re: Michael & Donna Eisel (Judgment)
The legal description of this property is:
Lots 8, 9, and 10, Block 2, Kings Subdivision of Lots 24 and 25 Wilkin and
Heyward's Addition to the City of St. Paul.
Saint Paul Public Health has declared this building(s) to constitute a"nuisance" as defined
by Legislative Code, Chapter 45. Public Health has issued an order to the then known
responsible parties to eliminate this nuisance condition by correcting the deficiencies or by
razing and removing this building(s).
Inasmuch as this Order to Abate has not been complied with the nuisance condition remains
unabated, the community continues to suffer the blighting influence of this property. It is
the recommendation of Public Health that the City Council pass a resolution ordering the
responsibie parties to either repair, or demolish and remove this building in a timely
manner, and failing that, authorize Public Health to proceed to demolition and removal, and
to assess the costs incurred against the real estate as a special assessment to be collected in
the same manner as taxes.
Sincerel ,
� s
+.`�
Reneta Weiss
Program Supervisor
Vacantll�iuisance Building Unit
Saint Paul Public Health
RW:mI
cc: Jan Gasterland, Buiiding Inspection and Design
Stephen Christie, City Attorneys Office
Nancy Anderson, Assistant Secretary to the Councii
Steve Zaccard, Fire Mazshall
Dan Pahl, PED-Housing Division
q�► -� a�
REPORT:
Date: June 3, 1997
Time: 10:00 a.m.
Place: Room 330 Ciry Hall
15 West Kellogg Boulevazd
LEGISLATNE HEARING
Gerry Strathman
I.egislative Hearing Officer
1. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for
the following (Iaid over from May 6, 1997 Legislative Hearing):
2106 Marshall Ave. (J9705AA)
473 Cretin Ave. S. (J9705AA)
1857 E. Cottage Ave. (J9705AA)
2176 Stillwater Ave. (J9705AA)
645 St. Anthony Ave. (79705AA)
1110 Forest St. (J970AA4)
Legislative Hearing Officer recommended approval of the assessments with the
following exceptions:
2106 Mazshall (79705AA) laid over to June 17, 1997
2176 Stillwater Avenue (79705AA) reduce assessment to $37.50
2. Resolution ordering the owner to remove or repair the referenced building, located at 1359
Blair Avenue. If the owner fails to comply with the resolution, Public fIeaith is ordered
to remove the building.
Legislative Hearing Officer recommended approval and amended the date for repair
or removal of the structure to October 11, 1997.
3. Resolution ordering the owner to remove or repair the referenced building located at$4¢
Western Avenue North. If the owner faiis to comply with the resolution, Public Health is
ordered to remove the building.
Legislative Hearing Officer recommended approval.
a�.�►a�
4. Resolurion ordering the owner to remove or repair the referenced building located at�5
Mic jg�n Street. If the owner faiis to comply with the resolution, Public Health is ordered
to remove the building.
Legislative Hearing OtTcer recommended approval and amended the date for repair
or removal of the structure to 180 days.
5. Resolution ordering the owner to remove or repair the referenced buiiding tocated at�77
Kent Street. If the owner fails to comply with the resolution, Public Health is ordered to
remove the building.
Legislative Hearing Officer recommended approval.
6. Resolution ordering the owner to remove or repair the referenced building located at�75
Harrison Avenue. If the owner fails to comply with the resolution, Public Health is
ordered to remove the building.
Legislative Hearing Officer recommended laying this matter over to July 1, 1997.
7. Resolution ordering the owner to remove or repair the referenced building located at.Q�,S
Sherburne Avenue. If the owner fails to comply with the resolution, Public Health is
ordered to remove the building.
Legislative Hearing Officer recommended approval and amended the date for repair
or removal of the structure to 180 days if the $200 vacant building fee is paid and
$2,000 bond is posted by noon on June 11, 1997.
8. Resolution ordering the owner to remove or repair the referenced building located at�
C�pitol HeiQhts. If the owner fails to comply with the resolution, Public Health is ordered
to remove the buiiding.
Legislative Hearing Officer recommended approval and amended the date for repair
or removal of the structure to 13ovember 12, 1997.
9. Summary abatement appeal for 1176 Portland Avenue; Bonnie J. Hughes, appellant.
The appeal was withdrawn
�'l-�
s*:
.
MINUTES OF LEGISLATIVE HEARING
7une 3, 1997
Room 330, Ciry Hall
Gerry Strathman, Legislative Hearing Officer
STAFF PRESENT: Chuck Votei, Guy Willits, Public Health; Roxanna Fiink, Real Estate.
Gerry Strathman, Legislative Hearing Officer, called the meeting to order at 10:05 a.m.
Resolution ratifying assessment of benefits, costs and expenses for summary abatements
for the following (Iaid over from May 6, 1997 Legisiative Hearing):
2106 Marshall Ave. (J9705AA)
473 Cretin Ave. S. (J9705AA)
1857 E. Cottage Ave. (J9705AA)
2176 Stillwater Ave. (79705AA)
695 St. Anthony Ave. (J9705AA)
1110 Forest St. (79704A4)
Legislative Hearing Officer recommended approval of the assessments with the
following eatceptions:
2106 Mazshall (J9705AA) laid over to June 17, 1997
2176 Stillwater Avenue (79705AA) reduce assessment to $37.50
�857 E. Cottage Avenue
Guy Willits, Public FIealth, showed a video of the properry and reviewed the staff report.
Orders were mailed on January 30, 1997, to remove snow from the walk. A recheck was done
on February 3, 1997; and the city did the work on February 5, 1997.
Mary Kelly, property owner, appeared and stated that she was having back probiems and could
not shovel her sidewalk. During that time is when they had the ice storm and she tried
chopping the ice but she didn't have the strength.
Mr. Strathman stated it is the property owner's responsibility to shovel the walk oz make
arrangements to have it done. The video clearly shows the work was done by city crews and
rez.ommended approving the assessment.
473 Cretin Avenue S.
No one appeared; recommended approving the assessment.
IY10 Forest �
Guy Willits, Pablic Heatth, showed a video of the property and reviewed the staff report.
Orders were mailed on October 31, 1996 to remove mattresses, couch, refrigerators, refuse,
carpeting, and discazded range. A recheck was done on November 8, 1996, the property was
not cleaned up, and the work was done by the city on November 29, 1996.
Chadoua and Youa Vue, property owners, appeared. Mr. Vue stated that they bought the
property on September 16, 1996. The previous owner lived on the properry until October 5,
1996. When she moved out, she told them she woutd clean everything including the basement
and the garage. She unlocked the garage so that it would be easy for her peopte to move things
out. They waited for her to come back and in the meantime, they put some of her things in the
back yard so they could clean building for people moving in. Everything that was taken from
the back yard and gazage belonged to the previous owner.
Mr. Strathman inquired where the orders were sent. Mr. Votel responded that they were
mailed to Bob Van Lee at 1110 Forest, the previous owner. Orders were also posted at the
property, there was no phone listing, and the gazage was not secured.
Mr. Vue stated that ihe only order he saw was fhe one dated December 2A, i996.
Mr. Strathman stated that the order mailed October 31, 1996, was sent to the previous owner
because she was listed on the tax records as the official owner. The previous owner had a
tegal obtigation to inform the new owners that this order was outstanding. The city is required
under the ?aw to send notice to the property owirer as recorded at the Ramsey county property
taxation. The city followed the proper legal procedures, the video clearly shows the work was
done by the city, and recommended approval of the assessment.
122 Manitoba Avenue
No one appeared.
This assessment was ra�ed on May 9, 1997 and was not part of the laid over assessments
for today's hearing. It was re�liscussed and no action was taken.
2106 Marshal! Avenne
Laid over to June 17, 1997
_458 Marvland Avenue
No one appeared-
This assessment was ratified on May 14, 1997 and was not pazt of the laid over
assessments for today's hearing. It was re-discussed and no action was taken.
7
Q
�03 Randol�h Avenue
No one appeared.
This assessmevt was ratified on May 14, 1997 and was not part of the laid over
assessments for today's hearing. It was re-discussed and no action was taken.
¢Q5 St. Anthony Avenue
Guy Willits, Public Health, showed a video of ihe property and reviewed the staff report. The
order was mailed December 20, 1996, to remove snow and ice from the walk. The properry
was rechecked on January 15, 1997; the city did the work on 7anuary 16, 1999.
Mike Peters, properry owner, appeared and stated that in early January when he received the
notice from the city, he took care of the problem. He received no fiurther warnings. At that
time, it stormed back-to-back and the snow was blowing ail week.
Mr. Strathman clarified that two sets of orders were issued to clean the walk, December 20,
1996 and January 7, 1997. City ordinance requires that snow be removed within 24 hours
after a snow fall. In viewing the video, it is cleaz that the snow had been on the sidewalk for
more than 24 hours.
Mr. Peters explained that the walk had been shoveled 4 or 5 times after he was notified. It was
a record winter for snow fall. The reason he never got his walk done by the next day was
because he was doing snowpiowing and was usually out for 2 days. He stated that he Y�ad a
right to be informed and to have a chance to take care of the problem, the city didn't do that.
Mr. Strathman stated that according to city records, the letter sent on January 7, 1997
indicated the snow was to be removed. A recheck was done on 7anuary 15 and the snow still
hadn't been removed; on January 16 the city erew went out and removed the snow, It is clear
on the video that there was snow on the sidewalit and recommended agproval of the
assessment.
2176 Stillwater Avenue
Guy VJillits, Public Health, showed a videa of the property and reviewed the staff report.
Orders were mailed on January 21, 1997 and again January 24 to remove snow. The property
was rechecked on January 23, 1997; the city did the work on February i, 1997.
3eff Miller, property owner, appeared and stated that he shove3ed the sidewalk 3' wide. He
did contact the city 3 times on Friday the 31st after he received the notice that the work order
had been issued. He called the inspector at 9:00 a.m., 10:00 a.m., and paged ]rim at 11:30
a.m., and he never returned his call. The Wednesday prior to that, he went out to clear the
walk and couidn't chisel through the ice. By Friday it had warmed and he spent 3 hours
clearing the sidewalk.
3
All the city flid was prohably plow another inch, dug up his lawn and put dirt and sand over
what he had already shoveled.
Mr. Strathman stated that in viewing the video, it appears an attempt was made to clean it up
the snow although it wasn't quite adequate. IIe recommended reducing the assessment from
$132.50 to $37.50.
251 Wayzata Street
No one appeared.
This assessment was ratified on Apri19, 1997 and was not part of the laid over assessments for
today's heazing. It was re-discussed and no aetion was taken.
Mr. Stratkman noted that a letter was received from Dawn Simon the property owner
erpiaining that she was having personai difficulties and financial hardstrips.
3. Resolution ordering the owner to remove or repair the referenced bniiding, located
at 1359 Blair Avenue. If ffie owner faiLs to comply with the resoIution, Public
Health is ordered to remove the building.
Chuck Votel, Public Health, reviewed the staff report stating that the building was condemned
in 7uly 1996, 5 summary abatement notices were issued to remove various nuisance law
violations. After an inspection In Mazch 1997, the buiIding was deciared a nuisance. A code
compliance inspection was obtained on May 28, 1997, and the estimatec� amount of money
needed to repair the structure makes it unlikely and not economically feasible to rehabilitate.
He also noted a letter was received from community members in support of condemnation.
Mr. Strathman questioned why this matter was being heard when a bond had been posted on
April 11, 1997, and permits obtained.
Mr. Votel referred to the code compliance inspection report and stated that under item #4, the
inspector noted that most of the work that had been done to the building and gazage was
substandard and would have to tre redone. The building is sti11 in a nuisance condition as it has
been for some time which is the basis for requesting an order for repair or removal.
Mr. Nguyen stated that they obtained the permit on October 1, 1997, and posted the bond
which gives them 6 months to bring the house up to code. The vacant building fee of $200 and
the cofle compliance was gaid. He's in the process of re-roofing ttie house; it's a slow process
but he does has 6 months to complete the work.
Mr. Suathman asked the property owner if he ea�pected to bave the work completed in 6
mo�s. Mr. Nguyen responded that he wouid not have posted the $2,000 bond if he didn't
plan to have the work done in 6 months. When he talked to Don Wagner, he was told he couid
either try to sell the house the way it was or he could try to repair it, and if he posted a bond,
0
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ihe city was pretty lenient if 50% of the work was done within 6 months.
Mr. Strathman asked about the wmplaints received on the properry.
Mr. Votel stated that they had so many problems with the property that they issued a notice to
boazd all accessible first floor openings to the building. It wasn't done and the city had to have
the contractor go out and put 16 boazds on the building to secure it. There hasn't been any
real effort to complete the repairs and the city is concemed because the inspector stated in his
report that the work that has already been done needs to be redone. It is substandard work
and is not going to get a code compliance. The people next door want some resolution to this
property.
Mr. Nguyen stated that every time an abatement was sent, he took caze of it. Basically all he
wants to do is fix up the house and either rehab or sell it. He has the code compiiance list and
is making sure that the work he does meets code.
Quoc Nguyen, previous owner of the house, stated he deeded the property to lus son, but
explained that he still holds the mortgage and has some responsibility in the matter. Ae is very
concerned about the rehabilitation or the sale of the propercy to pay the balance of ffie
mortgage. He wants to comply with the city.
Mr. Strathman stated concem about the house being a nuisance to the neighborhood and the
possibility that the work on the building may not be 50% completed when the 6-month period
expires. If this is allowed to continue, they may be in a worse situation in a coupie of months.
Mr. Nguyen stated there aze 4 more months and 11 days before the bond expires. The reason it
doesn't look like much work has been done to the building is because everything has been on
the interior. He's now ready to re-roof the house and do the siding.
Tom Ryan, 1363 Blair, appeared and stated that the rime line here seems to be skewed to same
extent by the fact that the permit was not pulled until April 11, 1997. The building became
vacant on July 30, 1996, and subsequently went into the vacant house status. It is his
understanding, through contact with the inspectors, that the owner made no move to get the
building inspected until the last possibie minute when he would be forced by abatement order
to do so. It was anly in the face of those orders that the permit was pulled and that the
inspection was made. That inspecrion speaks for itself in terms of the quality of the work.
The records contain a copy of a petition signed by neighbors signed on August 12, 1996. He
also presented a new petition signed by 25 individuals surrounding the properry in question
urging the city to either insuze that rehabilitation go forward prompfly to bring this properry up
to the city codes and neighborhood standards, or that this dangerous and unsightly structure be
removed. The neighbors have had enough. If time is going to be granted to rehabilitate, then
the most strenuous supervision should be put irno place.
Beth Randall, Executive Director of A-Mazk, stated this property has been an issue with
repairs according to neighbors since January of 1995. It dcesn't appeaz to be economicatly
feasible to renovate. She mentioned that one thing that may not have been suggested as a
financial option is selective clearance. Aiso selling the building as is rather thau putting money
into it. Iier company wouid be willing to pay for the lot but they would not renovate the
building, it would be tom down. She would discourage putting more mo�y into the building.
They are in support of the neighbors to make sure that there is a solution in a very timely
fashion. Elctending the time line isn't going to solve the problem.
Quoc Nguyen indicated that if the community wants to buy the properry, he would be Yiappy to
sell it.
Mr. Strathman stated that the fact that the bond has been posted and legal permits have been
puiled, he would not recommend proceeding witfi demoIition until the 6 mornh period had
expired. He recommended giving the property owner until October 11, 1997 to complete the
repairs.
3. Resolution ordering the owner to remove or repair the referenced building located
at $46 Western Avenue North. If the owner fails to comply with the resolution,
Public Heaith is ordered to remove the building.
Dave Assitt, attorney representing Bankers Tnrst Compaay, mortgage holder on the property,
appeared and stated that they have commenced foreclosure proceedings. The property went to
sale on March 22, 1997. The aze in the process of reducing the redemption period from 6
months to 5 weeks and if successful, they would be the owner of the property about 7uly 31,
1997. They t�ave had limited accessed to the property but ihey believe the structure may be
rehabilitated. He requested that if the building is to be removed, the order be deIayed 60 days
to allow time for their client to obtain tifle and possession.
Mr. StratUman stated that based on the information presented by staff and in viewing the
photographs, the building is clearly a public nuisance and therefore recommended approval of
the order to remove or repair within 15 days.
4. Resolution ordering the owner to remove or repair the referenced building tocated
at 'chigan� Street. If the owner faiLs to comply with the msolution, Public
Health is ordered to remove the building.
Bill Manson, property owner, appeared and stated that he purchased the home &om HLTD on
Apri[ 15, 1997 and fie is in the process of rehabilitating the structure.
�
q�.�►�-�
Chuck Votel, Public Health, reviewed the staff report stating that the building has been vacant
since May 1996. It went through HUD's foreclosure process and was to Mr. Manson.
Previous to that, it has been a problem property for the city since 7uly 1996. At this point,
Mr. Manson bas posted the bond and pulled building pernnits which are valid until November
20 ,1 997.
Mr. Strathman recommended the property owner be given 180 days to complete the
rehabilitation.
5. Resolution ordering the owner to remove or repair the referenced building located
at 677 Kent Street. If the owner fails to comply with the resolution, Public Health
is ordered to remove the building.
Faye Madison, Murnane Law Firm, appeared and stated that they have been retained by Bank
of America the mortgage holder to represent them. The mortgage is FHA and they aza dealing
with HUD on the property as well.
Chuck Votel, Public Health, reviewed the staff report stating that the building has been vacant
since February 1997 and Bank of America has begun foreclosure proceedings. The property
would be transfened to HL3D after the redemption period. The city has had to board the
building and three summary abatement notices were issued. Real estate taxes are currenfly
paid; the estimated cost to repair the building makes it unlikely and not economically feasibie
to rehabilitate.
Ms. Madison stated that tUey will be handling the mortgage foreclosure in the near future.
The file is currently in shipping between Bank of America's pre-foreclosure and foreclosure
depattments. They haven't done any tifle work on the property yet but they have received
indication that the properry was deeded to Paul SchwarCZ by Bahram Ghassemlon. After
talking with Mr. Ghassemlou, it is her understanding the he deeded the properry back to Paul
Schwartz but he doesn't want it back. It was also indicated the Mr. Schwartz and Mr.
Ghassemlou would be willing to enter into negotiations for a deed in lieu of fareclosure which
would speed up the process. They have been in touch with Soptrie Hallauer from HUD who
has ordered an emergency HUD inspection report.
Mr. Strathman stated he sympathized with their objective but elcplained that the city is dealing
with a building that has been vacant, declared to be a public nuisance, and the recommendation
by ciry inspectors is that rehabilitation is not economically feasible. In view of those facts, he
recommended approval of the order.
7
6. Resolution ordering the owner to remove or repair the referenced building located
at 275 FIarrison Avenue. If the owner fails to comply with the resoluhon, Public
Heatth is ordered to remove the building.
Brett Larson, Ramsey County Properly Records and Revenue, reported that Lhe property in
question is scheduled for aucrion 7une 19, 1997. There has been interest from potential buyers
and he's fairly certain ihat it will sell. He meet with the West 7th neighborhood group and
they indicated that there is some lristory behind the house. He requested time to allow the
properry to be sold at the auction.
Chuck Votel, Public Health, reparted t6at the property is secured. The building was
condemned in October 1996. The estimated amount of money needed to properly repair the
structure makes rehabilitation unlikely and not economically feasible.
Mr. Stratl�man recomme�ed the matter be 2aid over to Juty 1, 1997.
'7. Resolution ordering the owner to remove or repair the referenced buitding located
at 915 Sherburne Avenue. If the owner faiLs to comply with the resolution, Public
Heatth is ordered to remove the building.
Chuck Votel, Public Heatth, reviewed the staff report stating the building has been vacant
since August 1996, and there have been two summary abatement orders issued. The real estate
tases aze paid and vacant building registration fees are due. A code compliance was done on
April 16, 1997; the estimated amount of money needed to pmperly repair the shucture makes
rehabilitation untikely and not economicatty feasible.
Ron Widerhoft, properry owner, appeared and stated that he plans to sell the property to Todd
who intends to rehab the building but wants to make sure that it won't be torn down.
Mr. Strathman stated that based on the information presented by staff and in viewing the
photograpks of the buildiag, he would require that a$2,000 bond is posted and permits pulled
as an assurance that the building wouid be rehabilitated within 6 months.
The perspecdve buyer indicated that would not be a problem.
Mr. Strathman recommended giving the property owner 180 days to repair tfie buiIding on the
condition that the vacant building fees are paid, and a$2,000 bond is posted by noon on
Wednesday, June 11, 1997.
0
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8. Resolution ordering the owner to renxove or repair the referenced building located
at 774 Canitol Hei h. If the owner fails to comply with the resolution, Public
Health is ordered to remove the building.
Chuck Votel, Public Heaith, reviewed the staff report and stated that the building was
condemned in October 1996. The city had to board the building, registration fees and taxes
are paid. On April 8, 1997 a Code Compliance inspection was done. The bond was posted
with the building inspection department on May 12, 1997, and a permit obtained which is valid
until November 12, 1997. Public Heaith wanu an order that says if the owner doesn't get the
work done, the buIlding is torn down.
Mike Davis, grandson of the property owner, Emil Lemke, appeared and stated that he intends
to rehabilitate the building. He explained that he was late in posting the bond because he went
to the wrong address and by the time he got to the right office it had closed. The following
Monday he posted the bond but notice had already been maHed.
Mr. Strathman recommended amending the resolution and giving the property owner wntil
November 12, 1997.
9. Summary abatement appeal for 1176 Portland Avenue; Bonnie J. Hughes,
appellant.
No one appeazed.
The appeai was withdrawn; the garage was removed.
The meeting adjourned at 11:45 a.m.
Gerry Suat�man, Legislative Hearing
L•]
2 . �
i
�
CTTY OF SAR�I'T PAUL
Norm Cokman, Mayor
`�7-7�G
Date: June 6, 1997
To: Tom Harren
From: Bruce Noyes
DEPARTMENT OF PLANNIN6
8 ECUNOMIC DEVEIAPMENT
Division ofHmw�
12ADCityHaIIAnna
25WutFavrth Saeet
SaiirtPau(MNSSIO2
Re: Pursuant to your request to inspect the premises at 846 N. Western Ave.
EXTERIOR:
Tekphone: 612-266-6626
Fauimilc 612-228-33I1
1. Roof: The asphatt shingles tabs are cupped and curled indicating the roof is nearing the end of
its useful life. The shed roof on the east side of the house is worn and deteriorated.
2. Eaves; There is unpainted plywood so�t and facia on approitimately 50°/a of the house.
Piywood is not a suitabie instatlation for facia. The balance of soffiY and facia members have
flaking and peeling paint. There are deteriorated crown moidings on the south side of the house.
3. Siding: There are 3 areas where at least 15 squaze feet of stucco is missing. There are several
large cracks on various parts of the house. A section of stucco has released from the substrate on
the south side of the house. Areas of siding have been variously patched with non-matching
mortar material, plywood, and other siding materials.
4. Doors and Windows: The double hung windows throughout the house are characterized by
flaking and peeling paint on the euterior of the sash, no weather stripping, broken panes, broken
sash cords and deteriorated putty. Storm windows are missing. The storm doors are missing.
There is flaldng and peeling paint on the majority of door and window triin members.
5. Foundation: There is differential settting of the foundation, 3-4 inches, along the west side of
the house along with cracks in the foundation_ The grade at the foundation is back-pitched toward
the house around the majority of the house. Three trees aze rooted against the foundation and �
growing against the side of the house.
6. Garage: The roof is at least 30 years old and badly deteriorated. The east wali is leaning. The
doors are not operational. A majority of the siding is deteriosated and/or devoid of paint. There is
an out building near the garage which is in poor repair.
Page 1 of 3
a �,��
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1. Kitchens (2): Unable to inspect the main floor kitchen due to large amounts of debris on floor
and cournertops. The second floor }3tch� has sections missing &om the vinyl floor, wom out
countertops, a worn sink and no GFI receptacles near the sinl�
2. Bathrooms (2): T4ie main floor bathroom serves as a hallway to one of the bedrooms and a
section of the vinyl floor is missing. The upstairs bathroom does noY have a finished floor, the
surround has released from the wall and the tub is worn and dirty;
3. Living Rooms (2): Both units are filled with debris; both units have dirty, wom, and
deteriorated carpet;
4. Bedrooms (4): All bedrooms are filled with debris; all floor coverings are dirty and worn; there
are water stained ceilings in 2 units; the door is missing from 1 unit; suspended ceiling tiles aze
missing in 1 unit; sheetrock and trim work are unfinished in 2 units;
5. Stairwells (2): The front stairway treads have irregulaz rise(run; the sheetrock installation on
the walls is unfinished; the handrail is not installed to code; _
6. Basement: The basement stairs are hazardous, without proper clearances, and the header joist
° is not properly supported. The laundry is not operational; the basement floor is covered with
, debris;
ELECTRICAL/MECHAIVICAL
1. Electrical: There is one 100 amp service with circuit breakers and one fused 60 amp service.
This property is zoned single famity, therefore it should be deconverted to a single electricat panel
and meter. Due to the debris in house it was possibie to test only a small number of outlets.
Kitchens and one bathroom lack GFI oudet protection Smoke detectors are not to code. �
2. Plumbing: The water service was shut off. Unable to check operational condition of plumbing
fixtures, water heaters, drains, waste and vent pipes, and water supply pipes, therefore its general
condi6on is unknown 'I'his property is zoned single family, therefore iYS second floor kitchen
plumbing must be removed to code. '
3. Heating: The operaiional condition of the warm air furnace which heats the main floor is
wilrnown. There is an older gas space heater on the second floor therefore it lacks centrai heating.
Page 2 of 3
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Cost Estimate
X
4..
Extetior.
1. Roof
2. Eaves
3. Siding
4.Doors &
Windows
5. Found.
6. Garage
Interior:
$3,000 Repair roof
$2,8Q0 Repair and paint or cover eaves, install gutters
$9,000 Remove stucco, install vinyl siding
$7,800 Replace e�cterior doors, Retrofit windows, repair and paint or cover
e�rterior trim, Install 12 storm windows,
$5,000 Repair settling foundation
$4,000 Demolish garage and out building
i. Kitchens $2,200 Replace floor coverings and countertop
2. Bathrooms $1,800 Replace floor coverings, install tub surround
3. Living Rm. $2,400 Replace floor coverings, paint
4. Bedrooms $3,300 Replace floor coverings, repair ceilings, paint
5. Stairway $1,700 Rebuiid steps and raiis, complete walls, paint
6. Basement $1,Q00 Rebuitd basement stairs
ElectricaUMechanical
1. Electric $3,000 Convert to a single electrical service, install GFI protection in
ldtchens and bathroom to code, instail smoke detectors to code
2. Plumbing $ 500 Decom�ert kitchen pldmbing Yo code �
3. Heating $5,000 Install central heat to the seoond floor
TOY31 �.'OSf $$$,SOO
Note: This report does not take into account the clean up costs associated with the St. Paul Public
Aealth DepartmenY s, "Order to Abate 23uisance Building(s)" for 846 Westem Ave. N., dated
March 21, 1997. Steve Magoer at Public Aealth estimates these costs in excess of $3,000.
Page 3 of 3
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Green Sheet # \ \ �/ `5
_ . RESOLUTION
CITY OF SAINT PAUL, MINNESOTA �
__ „ �n
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 repaix or wrecking and removal of a two-story, wood
frame dwelling, detached, oversized, wood frame garage and all accessory structures mcluding
semi-trailer located on properiy hereinafter referred to as the "Subject Property" and commonly
known as 846 Western Avenue North. This properiy is legally described as follows, to wit:
Lots 8, 4, and 10, Block 2, Kings Subdivision of Lots 24 and 25 Wilkin and
Heywazd's Add'ation to the City of St. Paul.
WHEREAS, based upon the records in the Ramsey County Recorder's Office and
information obtained by Public Health on or before March 27, 1997, the following are the now
known interested or responsible parties for the Subject Properry: Michael & Donna Eisel, 846
Western Avenue North, St. Paul, MN SSll7; 7eff Detloff c/o Remax, ll200 West 78th Street,
Fden Prairie, MN 55344; Calmco Inc., Attn: L. Keller Mackie, 301 Congress Avenue, Ste. 200,
Austin, TX 78701; Paul A. Weingarden, 4500 Park Glen Road #310, Mpis., MN 55416; Temple-
Inland Mortgage, 301 Congress Avenue, P.O. Box 2009, Austin, TX 78768; Interstate Bonding,
Inc., 8 East Fourth Street, St. Paul, MN 55101, Re: Mike Eisel (Judgment); Healthspan Service
Co. DBA Reliance Recoveries, 6160 Summit Drive, Brooklyn Center, MN 55430, Re: Michael &
Donna Bisel (Judgment); Goldberg Bonding Co., Inc., 336 North Wabasha Street, St. Paul, MN
55102, Re: MicY�ael G. Eisel (Judgment); State of Minnesota, State Tax Lien of Michael G. Eisel,
10 River Park Plaza, St. Paul, MN 55107; Pro-Paint, Ina, 7640 North 44th Street, Oakdale, MN
55128, Re: Mike Eisel (Judgment); Union Planners, Attn: Betty Spurlin, 5014 Poplar Avenue,
Memphis, TN 38117
WHEREAS, Public Health has served in accordance with the provisions of Chapter 45 of the
Saint Paul L,egislauve Code an order identified as an "Order to Abate Nuisance Building(s)" dated
March 21, 1997; 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 21, 1997; and
WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring
this building(s) to constitute a nuisance condi6on; subject to demolition; and
WHEREAS, this nuisance condition has not been corrected and Public Health requested that
the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council
and the Saint Paul City Council; and
q�-� aG
WHEREAS, the interested and responsible parties have been served notice in accordance
with the provisions of Chapter 45 of the Saint Paul I,egisla6ve Code, of the time, date, place and
purpose of the public hearings; and
WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City
Council on Tuesday, 7une 3, 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 Properry safe and not detrimental to the public peace, health, safety and
welfaze 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
demoliuon 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 il,
1997 and the testimony and evidence including the action taken by the Legislative Hearing Officer
was considered by the Council; now ffierefore
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 Properiy at 846 Western Avenue North:
1. That the Subject Properry 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 buiiding(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 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:
��-�a�
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By:
1. The above referenced interested or responsible parties shall 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 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 �'s�������-days after the
date of the Council Hearing. -�h: r{,30�
2. If the above conective action 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 chuge the costs incurred against the
Subject Property pursuantto the provisions of Chapter 45 oPthe 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 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 this resolution be mailed to the owners and interested
parties in accordance with Chapter 45 of the Saint Paul I.egislative Code.
xequested by Department of:
By: /���'T��t/^V-L-
Form
By:
Approved by
Council
City Attorney
for Submission to
Approved by Mayor: Date ��1�4' �
� `; �
$y: —. ._. C c ' BY: P
-_ � • _ . __ _ _.
Adopted by Council: Date \ ° l
Adoption Certified by Counc' Secretary
a1�1-`l1G
DEPARTMENT/OFFICECOUNCIL DATE INITIATED NO 19 0 9 5
Public Health OS-09-97 GREEN SHEET
CONTAC7 PER$ON & PHONE � lNfT1AVOATE 1NITIAINATE
- A3T10S �70t0�. 298-4153 DEPHfiTMENT�IRECTOR fiYCOUNCIL
A$$IGN �ryp770RNEY CT'CLERK
MUST BE ON CAUNCILAGENDA BV (DATE) ��qGFOR � BU�GEf DIREGTOR � FIN. & MGT. SERVICES DIR.
June � 11, 1997 OflDEB MAYOR (ORASSIST �
TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
ACT70N 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 the resolution, Publia Health
is ordered to remove the building. The subject property is located at 846 Western Avenue
North.
RECOMMENDATIONS: Approve (A) or Reject (RJ pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS:
_ PIANNING COMMISSION _ CIVIL SERVICE COMMISSION 1. Has this persorv'firm ever worked untler a contrac[ for tnis tlepartment?
_ CIB COMMITTEE YES NO
— 2. Has this personRirm ever been a ciry employee? _
_ STAFF — YES NO
_ Disia�ciCOUR7 — 3. Does this persoNfirm possess a skill not normally possessed by any curtent city employee?
SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO
Explain all yes answers on separete sheet antl attach to green sheet
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where. Why):
This building(s) is a nuisance building(s) as defined i.n 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 846 Western Avenue North by April 21, 1997, and have
failed to comply with those orders.
ADVANTAGESIFAPPROVED:
The City will eliminate a nuisance. , ,�, „ ������, ��>� � ,
,
4va ;;�as�sr � �' d,ss� ����
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DISADVANTAGESIFAPPqOVED�
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.
TOTALAMOUNTOFTRANSACTION $ $10,000 - $12,000 COST/REVENUEBUDGETED(CIRCLEONE) YES NO
Nuisance Housing Abatement 33261
FUNDING SOURCE ACTIVITY NUMBER
FINANCIAL INFORMATION' (EXPLAIN)
r,
SAINT PAUL PUBLIC HEALTH
Nea[ Halmn, MD., MP.H., Direc[or
q�-�a�
CITY OF SAINT PAUL NUISANCE BUILDINGS CODE 61L298-4153
Nosm Coleman, M¢yor ENFORCEF�M'
555 Cedar Street
Saint Paul, .LLV 53107-2260
i
@��°tPis �
`Vao' , _>...,_. ,y
May 9, 1997
�... .. _ � _,»?
NOTICE O�' PUBLIC HEARINGS
Council President and
Members of the City Council
Saint Paul Public Health, Vacant/Nuisance Buildings Enforcement Unit has requested the
City Council schedule public heazings to consider a resolution ordering the repair or
removal of the nuisance building(s) located at:
846 Western Avenue North
The City Council has scheduled the date of these hearings as foilows:
Legislative Hearing - Tuesday, June 3, 1997
City Councii Hearing - Wednesday, June 11, 1997
The owners and responsible parties of record are:
Name and Last Known Address
Michael & Donna Eisel
846 Western Avenue North
St. Paul, MN 55117
Jeff Detloff
c/o Remax
11200 West 78th Street
Eden Prairie, MN 55344
Caimco Inc.
Attn: L. Keller Mackie
301 Congress Avenue, Ste. 200
Austin, TX 78701
Interest
Fee Owner
Agent for Mortgagee
Mortgagee Representive
�
q� -�a�
846 Western Avenue North
May 9, 1997
Page 2
Name and Last Known Address
Paul A. Weingazden
4500 Pazk Glen Road #310
Mpls., MN 55416
Temple-Inland Mortgage
301 Congress Avenue
P.O. Box 2009
Austin, TX 78768
Interstate Bonding, Inc.
8 East Fourth Street
St. Paul, MN 55101
Re: Mike Eisel (Judgment)
Goldberg Bonding Co., Inc.
336 North Wabasha Street
St. Paul, MN 55102
Re: Michael G. Eisel (Judgment)
State of Minnesota
State Tax Lien of Michael G. Eisel
10 River Pazk Plaza
St. Paul, MN 55107
Pro-Paint, Inc.
7640 North 44th Street
Oakdale, MN 55128
Re: Mike Eisel (Judgment)
Union Planners
Attn: Betty Spurlin
5014 Poplaz Avenue
Memphis, TN 38117
Tnterest
Attomey for Mortgagee
Service for Bankers Trust, Co., Mortgagee
Judgment Creditor of Fee Owner
Judgment Creditor of Fee Owner
Judgment Creditor of Fee Owner
Judgment Creditor of Fee Owner
Mortgagee
a� -� a�
84b Western Avenue North
May 9, 1997
Page 3
Name and Last Known Address Interest
Healthspan Service Co. DBA Reliance Recoveries Judgment Creditor of Fee Owners
6160 Sununit Drive
Brooklyn Center, MN 55430
Re: Michael & Donna Eisel (Judgment)
The legal description of this property is:
Lots 8, 9, and 10, Block 2, Kings Subdivision of Lots 24 and 25 Wilkin and
Heyward's Addition to the City of St. Paul.
Saint Paul Public Health has declared this building(s) to constitute a"nuisance" as defined
by Legislative Code, Chapter 45. Public Health has issued an order to the then known
responsible parties to eliminate this nuisance condition by correcting the deficiencies or by
razing and removing this building(s).
Inasmuch as this Order to Abate has not been complied with the nuisance condition remains
unabated, the community continues to suffer the blighting influence of this property. It is
the recommendation of Public Health that the City Council pass a resolution ordering the
responsibie parties to either repair, or demolish and remove this building in a timely
manner, and failing that, authorize Public Health to proceed to demolition and removal, and
to assess the costs incurred against the real estate as a special assessment to be collected in
the same manner as taxes.
Sincerel ,
� s
+.`�
Reneta Weiss
Program Supervisor
Vacantll�iuisance Building Unit
Saint Paul Public Health
RW:mI
cc: Jan Gasterland, Buiiding Inspection and Design
Stephen Christie, City Attorneys Office
Nancy Anderson, Assistant Secretary to the Councii
Steve Zaccard, Fire Mazshall
Dan Pahl, PED-Housing Division
q�► -� a�
REPORT:
Date: June 3, 1997
Time: 10:00 a.m.
Place: Room 330 Ciry Hall
15 West Kellogg Boulevazd
LEGISLATNE HEARING
Gerry Strathman
I.egislative Hearing Officer
1. Resolution ratifying assessment of benefits, costs and expenses for summary abatements for
the following (Iaid over from May 6, 1997 Legislative Hearing):
2106 Marshall Ave. (J9705AA)
473 Cretin Ave. S. (J9705AA)
1857 E. Cottage Ave. (J9705AA)
2176 Stillwater Ave. (J9705AA)
645 St. Anthony Ave. (79705AA)
1110 Forest St. (J970AA4)
Legislative Hearing Officer recommended approval of the assessments with the
following exceptions:
2106 Mazshall (79705AA) laid over to June 17, 1997
2176 Stillwater Avenue (79705AA) reduce assessment to $37.50
2. Resolution ordering the owner to remove or repair the referenced building, located at 1359
Blair Avenue. If the owner fails to comply with the resolution, Public fIeaith is ordered
to remove the building.
Legislative Hearing Officer recommended approval and amended the date for repair
or removal of the structure to October 11, 1997.
3. Resolution ordering the owner to remove or repair the referenced building located at$4¢
Western Avenue North. If the owner faiis to comply with the resolution, Public Health is
ordered to remove the building.
Legislative Hearing Officer recommended approval.
a�.�►a�
4. Resolurion ordering the owner to remove or repair the referenced building located at�5
Mic jg�n Street. If the owner faiis to comply with the resolution, Public Health is ordered
to remove the building.
Legislative Hearing OtTcer recommended approval and amended the date for repair
or removal of the structure to 180 days.
5. Resolution ordering the owner to remove or repair the referenced buiiding tocated at�77
Kent Street. If the owner fails to comply with the resolution, Public Health is ordered to
remove the building.
Legislative Hearing Officer recommended approval.
6. Resolution ordering the owner to remove or repair the referenced building located at�75
Harrison Avenue. If the owner fails to comply with the resolution, Public Health is
ordered to remove the building.
Legislative Hearing Officer recommended laying this matter over to July 1, 1997.
7. Resolution ordering the owner to remove or repair the referenced building located at.Q�,S
Sherburne Avenue. If the owner fails to comply with the resolution, Public Health is
ordered to remove the building.
Legislative Hearing Officer recommended approval and amended the date for repair
or removal of the structure to 180 days if the $200 vacant building fee is paid and
$2,000 bond is posted by noon on June 11, 1997.
8. Resolution ordering the owner to remove or repair the referenced building located at�
C�pitol HeiQhts. If the owner fails to comply with the resolution, Public Health is ordered
to remove the buiiding.
Legislative Hearing Officer recommended approval and amended the date for repair
or removal of the structure to 13ovember 12, 1997.
9. Summary abatement appeal for 1176 Portland Avenue; Bonnie J. Hughes, appellant.
The appeal was withdrawn
�'l-�
s*:
.
MINUTES OF LEGISLATIVE HEARING
7une 3, 1997
Room 330, Ciry Hall
Gerry Strathman, Legislative Hearing Officer
STAFF PRESENT: Chuck Votei, Guy Willits, Public Health; Roxanna Fiink, Real Estate.
Gerry Strathman, Legislative Hearing Officer, called the meeting to order at 10:05 a.m.
Resolution ratifying assessment of benefits, costs and expenses for summary abatements
for the following (Iaid over from May 6, 1997 Legisiative Hearing):
2106 Marshall Ave. (J9705AA)
473 Cretin Ave. S. (J9705AA)
1857 E. Cottage Ave. (J9705AA)
2176 Stillwater Ave. (79705AA)
695 St. Anthony Ave. (J9705AA)
1110 Forest St. (79704A4)
Legislative Hearing Officer recommended approval of the assessments with the
following eatceptions:
2106 Mazshall (J9705AA) laid over to June 17, 1997
2176 Stillwater Avenue (79705AA) reduce assessment to $37.50
�857 E. Cottage Avenue
Guy Willits, Public FIealth, showed a video of the properry and reviewed the staff report.
Orders were mailed on January 30, 1997, to remove snow from the walk. A recheck was done
on February 3, 1997; and the city did the work on February 5, 1997.
Mary Kelly, property owner, appeared and stated that she was having back probiems and could
not shovel her sidewalk. During that time is when they had the ice storm and she tried
chopping the ice but she didn't have the strength.
Mr. Strathman stated it is the property owner's responsibility to shovel the walk oz make
arrangements to have it done. The video clearly shows the work was done by city crews and
rez.ommended approving the assessment.
473 Cretin Avenue S.
No one appeared; recommended approving the assessment.
IY10 Forest �
Guy Willits, Pablic Heatth, showed a video of the property and reviewed the staff report.
Orders were mailed on October 31, 1996 to remove mattresses, couch, refrigerators, refuse,
carpeting, and discazded range. A recheck was done on November 8, 1996, the property was
not cleaned up, and the work was done by the city on November 29, 1996.
Chadoua and Youa Vue, property owners, appeared. Mr. Vue stated that they bought the
property on September 16, 1996. The previous owner lived on the properry until October 5,
1996. When she moved out, she told them she woutd clean everything including the basement
and the garage. She unlocked the garage so that it would be easy for her peopte to move things
out. They waited for her to come back and in the meantime, they put some of her things in the
back yard so they could clean building for people moving in. Everything that was taken from
the back yard and gazage belonged to the previous owner.
Mr. Strathman inquired where the orders were sent. Mr. Votel responded that they were
mailed to Bob Van Lee at 1110 Forest, the previous owner. Orders were also posted at the
property, there was no phone listing, and the gazage was not secured.
Mr. Vue stated that ihe only order he saw was fhe one dated December 2A, i996.
Mr. Strathman stated that the order mailed October 31, 1996, was sent to the previous owner
because she was listed on the tax records as the official owner. The previous owner had a
tegal obtigation to inform the new owners that this order was outstanding. The city is required
under the ?aw to send notice to the property owirer as recorded at the Ramsey county property
taxation. The city followed the proper legal procedures, the video clearly shows the work was
done by the city, and recommended approval of the assessment.
122 Manitoba Avenue
No one appeared.
This assessment was ra�ed on May 9, 1997 and was not part of the laid over assessments
for today's hearing. It was re�liscussed and no action was taken.
2106 Marshal! Avenne
Laid over to June 17, 1997
_458 Marvland Avenue
No one appeared-
This assessment was ratified on May 14, 1997 and was not pazt of the laid over
assessments for today's hearing. It was re-discussed and no action was taken.
7
Q
�03 Randol�h Avenue
No one appeared.
This assessmevt was ratified on May 14, 1997 and was not part of the laid over
assessments for today's hearing. It was re-discussed and no action was taken.
¢Q5 St. Anthony Avenue
Guy Willits, Public Health, showed a video of ihe property and reviewed the staff report. The
order was mailed December 20, 1996, to remove snow and ice from the walk. The properry
was rechecked on January 15, 1997; the city did the work on 7anuary 16, 1999.
Mike Peters, properry owner, appeared and stated that in early January when he received the
notice from the city, he took care of the problem. He received no fiurther warnings. At that
time, it stormed back-to-back and the snow was blowing ail week.
Mr. Strathman clarified that two sets of orders were issued to clean the walk, December 20,
1996 and January 7, 1997. City ordinance requires that snow be removed within 24 hours
after a snow fall. In viewing the video, it is cleaz that the snow had been on the sidewalk for
more than 24 hours.
Mr. Peters explained that the walk had been shoveled 4 or 5 times after he was notified. It was
a record winter for snow fall. The reason he never got his walk done by the next day was
because he was doing snowpiowing and was usually out for 2 days. He stated that he Y�ad a
right to be informed and to have a chance to take care of the problem, the city didn't do that.
Mr. Strathman stated that according to city records, the letter sent on January 7, 1997
indicated the snow was to be removed. A recheck was done on 7anuary 15 and the snow still
hadn't been removed; on January 16 the city erew went out and removed the snow, It is clear
on the video that there was snow on the sidewalit and recommended agproval of the
assessment.
2176 Stillwater Avenue
Guy VJillits, Public Health, showed a videa of the property and reviewed the staff report.
Orders were mailed on January 21, 1997 and again January 24 to remove snow. The property
was rechecked on January 23, 1997; the city did the work on February i, 1997.
3eff Miller, property owner, appeared and stated that he shove3ed the sidewalk 3' wide. He
did contact the city 3 times on Friday the 31st after he received the notice that the work order
had been issued. He called the inspector at 9:00 a.m., 10:00 a.m., and paged ]rim at 11:30
a.m., and he never returned his call. The Wednesday prior to that, he went out to clear the
walk and couidn't chisel through the ice. By Friday it had warmed and he spent 3 hours
clearing the sidewalk.
3
All the city flid was prohably plow another inch, dug up his lawn and put dirt and sand over
what he had already shoveled.
Mr. Strathman stated that in viewing the video, it appears an attempt was made to clean it up
the snow although it wasn't quite adequate. IIe recommended reducing the assessment from
$132.50 to $37.50.
251 Wayzata Street
No one appeared.
This assessment was ratified on Apri19, 1997 and was not part of the laid over assessments for
today's heazing. It was re-discussed and no aetion was taken.
Mr. Stratkman noted that a letter was received from Dawn Simon the property owner
erpiaining that she was having personai difficulties and financial hardstrips.
3. Resolution ordering the owner to remove or repair the referenced bniiding, located
at 1359 Blair Avenue. If ffie owner faiLs to comply with the resoIution, Public
Health is ordered to remove the building.
Chuck Votel, Public Health, reviewed the staff report stating that the building was condemned
in 7uly 1996, 5 summary abatement notices were issued to remove various nuisance law
violations. After an inspection In Mazch 1997, the buiIding was deciared a nuisance. A code
compliance inspection was obtained on May 28, 1997, and the estimatec� amount of money
needed to repair the structure makes it unlikely and not economically feasible to rehabilitate.
He also noted a letter was received from community members in support of condemnation.
Mr. Strathman questioned why this matter was being heard when a bond had been posted on
April 11, 1997, and permits obtained.
Mr. Votel referred to the code compliance inspection report and stated that under item #4, the
inspector noted that most of the work that had been done to the building and gazage was
substandard and would have to tre redone. The building is sti11 in a nuisance condition as it has
been for some time which is the basis for requesting an order for repair or removal.
Mr. Nguyen stated that they obtained the permit on October 1, 1997, and posted the bond
which gives them 6 months to bring the house up to code. The vacant building fee of $200 and
the cofle compliance was gaid. He's in the process of re-roofing ttie house; it's a slow process
but he does has 6 months to complete the work.
Mr. Suathman asked the property owner if he ea�pected to bave the work completed in 6
mo�s. Mr. Nguyen responded that he wouid not have posted the $2,000 bond if he didn't
plan to have the work done in 6 months. When he talked to Don Wagner, he was told he couid
either try to sell the house the way it was or he could try to repair it, and if he posted a bond,
0
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ihe city was pretty lenient if 50% of the work was done within 6 months.
Mr. Strathman asked about the wmplaints received on the properry.
Mr. Votel stated that they had so many problems with the property that they issued a notice to
boazd all accessible first floor openings to the building. It wasn't done and the city had to have
the contractor go out and put 16 boazds on the building to secure it. There hasn't been any
real effort to complete the repairs and the city is concemed because the inspector stated in his
report that the work that has already been done needs to be redone. It is substandard work
and is not going to get a code compliance. The people next door want some resolution to this
property.
Mr. Nguyen stated that every time an abatement was sent, he took caze of it. Basically all he
wants to do is fix up the house and either rehab or sell it. He has the code compiiance list and
is making sure that the work he does meets code.
Quoc Nguyen, previous owner of the house, stated he deeded the property to lus son, but
explained that he still holds the mortgage and has some responsibility in the matter. Ae is very
concerned about the rehabilitation or the sale of the propercy to pay the balance of ffie
mortgage. He wants to comply with the city.
Mr. Strathman stated concem about the house being a nuisance to the neighborhood and the
possibility that the work on the building may not be 50% completed when the 6-month period
expires. If this is allowed to continue, they may be in a worse situation in a coupie of months.
Mr. Nguyen stated there aze 4 more months and 11 days before the bond expires. The reason it
doesn't look like much work has been done to the building is because everything has been on
the interior. He's now ready to re-roof the house and do the siding.
Tom Ryan, 1363 Blair, appeared and stated that the rime line here seems to be skewed to same
extent by the fact that the permit was not pulled until April 11, 1997. The building became
vacant on July 30, 1996, and subsequently went into the vacant house status. It is his
understanding, through contact with the inspectors, that the owner made no move to get the
building inspected until the last possibie minute when he would be forced by abatement order
to do so. It was anly in the face of those orders that the permit was pulled and that the
inspection was made. That inspecrion speaks for itself in terms of the quality of the work.
The records contain a copy of a petition signed by neighbors signed on August 12, 1996. He
also presented a new petition signed by 25 individuals surrounding the properry in question
urging the city to either insuze that rehabilitation go forward prompfly to bring this properry up
to the city codes and neighborhood standards, or that this dangerous and unsightly structure be
removed. The neighbors have had enough. If time is going to be granted to rehabilitate, then
the most strenuous supervision should be put irno place.
Beth Randall, Executive Director of A-Mazk, stated this property has been an issue with
repairs according to neighbors since January of 1995. It dcesn't appeaz to be economicatly
feasible to renovate. She mentioned that one thing that may not have been suggested as a
financial option is selective clearance. Aiso selling the building as is rather thau putting money
into it. Iier company wouid be willing to pay for the lot but they would not renovate the
building, it would be tom down. She would discourage putting more mo�y into the building.
They are in support of the neighbors to make sure that there is a solution in a very timely
fashion. Elctending the time line isn't going to solve the problem.
Quoc Nguyen indicated that if the community wants to buy the properry, he would be Yiappy to
sell it.
Mr. Strathman stated that the fact that the bond has been posted and legal permits have been
puiled, he would not recommend proceeding witfi demoIition until the 6 mornh period had
expired. He recommended giving the property owner until October 11, 1997 to complete the
repairs.
3. Resolution ordering the owner to remove or repair the referenced building located
at $46 Western Avenue North. If the owner fails to comply with the resolution,
Public Heaith is ordered to remove the building.
Dave Assitt, attorney representing Bankers Tnrst Compaay, mortgage holder on the property,
appeared and stated that they have commenced foreclosure proceedings. The property went to
sale on March 22, 1997. The aze in the process of reducing the redemption period from 6
months to 5 weeks and if successful, they would be the owner of the property about 7uly 31,
1997. They t�ave had limited accessed to the property but ihey believe the structure may be
rehabilitated. He requested that if the building is to be removed, the order be deIayed 60 days
to allow time for their client to obtain tifle and possession.
Mr. StratUman stated that based on the information presented by staff and in viewing the
photographs, the building is clearly a public nuisance and therefore recommended approval of
the order to remove or repair within 15 days.
4. Resolution ordering the owner to remove or repair the referenced building tocated
at 'chigan� Street. If the owner faiLs to comply with the msolution, Public
Health is ordered to remove the building.
Bill Manson, property owner, appeared and stated that he purchased the home &om HLTD on
Apri[ 15, 1997 and fie is in the process of rehabilitating the structure.
�
q�.�►�-�
Chuck Votel, Public Health, reviewed the staff report stating that the building has been vacant
since May 1996. It went through HUD's foreclosure process and was to Mr. Manson.
Previous to that, it has been a problem property for the city since 7uly 1996. At this point,
Mr. Manson bas posted the bond and pulled building pernnits which are valid until November
20 ,1 997.
Mr. Strathman recommended the property owner be given 180 days to complete the
rehabilitation.
5. Resolution ordering the owner to remove or repair the referenced building located
at 677 Kent Street. If the owner fails to comply with the resolution, Public Health
is ordered to remove the building.
Faye Madison, Murnane Law Firm, appeared and stated that they have been retained by Bank
of America the mortgage holder to represent them. The mortgage is FHA and they aza dealing
with HUD on the property as well.
Chuck Votel, Public Health, reviewed the staff report stating that the building has been vacant
since February 1997 and Bank of America has begun foreclosure proceedings. The property
would be transfened to HL3D after the redemption period. The city has had to board the
building and three summary abatement notices were issued. Real estate taxes are currenfly
paid; the estimated cost to repair the building makes it unlikely and not economically feasibie
to rehabilitate.
Ms. Madison stated that tUey will be handling the mortgage foreclosure in the near future.
The file is currently in shipping between Bank of America's pre-foreclosure and foreclosure
depattments. They haven't done any tifle work on the property yet but they have received
indication that the properry was deeded to Paul SchwarCZ by Bahram Ghassemlon. After
talking with Mr. Ghassemlou, it is her understanding the he deeded the properry back to Paul
Schwartz but he doesn't want it back. It was also indicated the Mr. Schwartz and Mr.
Ghassemlou would be willing to enter into negotiations for a deed in lieu of fareclosure which
would speed up the process. They have been in touch with Soptrie Hallauer from HUD who
has ordered an emergency HUD inspection report.
Mr. Strathman stated he sympathized with their objective but elcplained that the city is dealing
with a building that has been vacant, declared to be a public nuisance, and the recommendation
by ciry inspectors is that rehabilitation is not economically feasible. In view of those facts, he
recommended approval of the order.
7
6. Resolution ordering the owner to remove or repair the referenced building located
at 275 FIarrison Avenue. If the owner fails to comply with the resoluhon, Public
Heatth is ordered to remove the building.
Brett Larson, Ramsey County Properly Records and Revenue, reported that Lhe property in
question is scheduled for aucrion 7une 19, 1997. There has been interest from potential buyers
and he's fairly certain ihat it will sell. He meet with the West 7th neighborhood group and
they indicated that there is some lristory behind the house. He requested time to allow the
properry to be sold at the auction.
Chuck Votel, Public Health, reparted t6at the property is secured. The building was
condemned in October 1996. The estimated amount of money needed to properly repair the
structure makes rehabilitation unlikely and not economically feasible.
Mr. Stratl�man recomme�ed the matter be 2aid over to Juty 1, 1997.
'7. Resolution ordering the owner to remove or repair the referenced buitding located
at 915 Sherburne Avenue. If the owner faiLs to comply with the resolution, Public
Heatth is ordered to remove the building.
Chuck Votel, Public Heatth, reviewed the staff report stating the building has been vacant
since August 1996, and there have been two summary abatement orders issued. The real estate
tases aze paid and vacant building registration fees are due. A code compliance was done on
April 16, 1997; the estimated amount of money needed to pmperly repair the shucture makes
rehabilitation untikely and not economicatty feasible.
Ron Widerhoft, properry owner, appeared and stated that he plans to sell the property to Todd
who intends to rehab the building but wants to make sure that it won't be torn down.
Mr. Strathman stated that based on the information presented by staff and in viewing the
photograpks of the buildiag, he would require that a$2,000 bond is posted and permits pulled
as an assurance that the building wouid be rehabilitated within 6 months.
The perspecdve buyer indicated that would not be a problem.
Mr. Strathman recommended giving the property owner 180 days to repair tfie buiIding on the
condition that the vacant building fees are paid, and a$2,000 bond is posted by noon on
Wednesday, June 11, 1997.
0
��.� �.�
8. Resolution ordering the owner to renxove or repair the referenced building located
at 774 Canitol Hei h. If the owner fails to comply with the resolution, Public
Health is ordered to remove the building.
Chuck Votel, Public Heaith, reviewed the staff report and stated that the building was
condemned in October 1996. The city had to board the building, registration fees and taxes
are paid. On April 8, 1997 a Code Compliance inspection was done. The bond was posted
with the building inspection department on May 12, 1997, and a permit obtained which is valid
until November 12, 1997. Public Heaith wanu an order that says if the owner doesn't get the
work done, the buIlding is torn down.
Mike Davis, grandson of the property owner, Emil Lemke, appeared and stated that he intends
to rehabilitate the building. He explained that he was late in posting the bond because he went
to the wrong address and by the time he got to the right office it had closed. The following
Monday he posted the bond but notice had already been maHed.
Mr. Strathman recommended amending the resolution and giving the property owner wntil
November 12, 1997.
9. Summary abatement appeal for 1176 Portland Avenue; Bonnie J. Hughes,
appellant.
No one appeazed.
The appeai was withdrawn; the garage was removed.
The meeting adjourned at 11:45 a.m.
Gerry Suat�man, Legislative Hearing
L•]
2 . �
i
�
CTTY OF SAR�I'T PAUL
Norm Cokman, Mayor
`�7-7�G
Date: June 6, 1997
To: Tom Harren
From: Bruce Noyes
DEPARTMENT OF PLANNIN6
8 ECUNOMIC DEVEIAPMENT
Division ofHmw�
12ADCityHaIIAnna
25WutFavrth Saeet
SaiirtPau(MNSSIO2
Re: Pursuant to your request to inspect the premises at 846 N. Western Ave.
EXTERIOR:
Tekphone: 612-266-6626
Fauimilc 612-228-33I1
1. Roof: The asphatt shingles tabs are cupped and curled indicating the roof is nearing the end of
its useful life. The shed roof on the east side of the house is worn and deteriorated.
2. Eaves; There is unpainted plywood so�t and facia on approitimately 50°/a of the house.
Piywood is not a suitabie instatlation for facia. The balance of soffiY and facia members have
flaking and peeling paint. There are deteriorated crown moidings on the south side of the house.
3. Siding: There are 3 areas where at least 15 squaze feet of stucco is missing. There are several
large cracks on various parts of the house. A section of stucco has released from the substrate on
the south side of the house. Areas of siding have been variously patched with non-matching
mortar material, plywood, and other siding materials.
4. Doors and Windows: The double hung windows throughout the house are characterized by
flaking and peeling paint on the euterior of the sash, no weather stripping, broken panes, broken
sash cords and deteriorated putty. Storm windows are missing. The storm doors are missing.
There is flaldng and peeling paint on the majority of door and window triin members.
5. Foundation: There is differential settting of the foundation, 3-4 inches, along the west side of
the house along with cracks in the foundation_ The grade at the foundation is back-pitched toward
the house around the majority of the house. Three trees aze rooted against the foundation and �
growing against the side of the house.
6. Garage: The roof is at least 30 years old and badly deteriorated. The east wali is leaning. The
doors are not operational. A majority of the siding is deteriosated and/or devoid of paint. There is
an out building near the garage which is in poor repair.
Page 1 of 3
a �,��
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1. Kitchens (2): Unable to inspect the main floor kitchen due to large amounts of debris on floor
and cournertops. The second floor }3tch� has sections missing &om the vinyl floor, wom out
countertops, a worn sink and no GFI receptacles near the sinl�
2. Bathrooms (2): T4ie main floor bathroom serves as a hallway to one of the bedrooms and a
section of the vinyl floor is missing. The upstairs bathroom does noY have a finished floor, the
surround has released from the wall and the tub is worn and dirty;
3. Living Rooms (2): Both units are filled with debris; both units have dirty, wom, and
deteriorated carpet;
4. Bedrooms (4): All bedrooms are filled with debris; all floor coverings are dirty and worn; there
are water stained ceilings in 2 units; the door is missing from 1 unit; suspended ceiling tiles aze
missing in 1 unit; sheetrock and trim work are unfinished in 2 units;
5. Stairwells (2): The front stairway treads have irregulaz rise(run; the sheetrock installation on
the walls is unfinished; the handrail is not installed to code; _
6. Basement: The basement stairs are hazardous, without proper clearances, and the header joist
° is not properly supported. The laundry is not operational; the basement floor is covered with
, debris;
ELECTRICAL/MECHAIVICAL
1. Electrical: There is one 100 amp service with circuit breakers and one fused 60 amp service.
This property is zoned single famity, therefore it should be deconverted to a single electricat panel
and meter. Due to the debris in house it was possibie to test only a small number of outlets.
Kitchens and one bathroom lack GFI oudet protection Smoke detectors are not to code. �
2. Plumbing: The water service was shut off. Unable to check operational condition of plumbing
fixtures, water heaters, drains, waste and vent pipes, and water supply pipes, therefore its general
condi6on is unknown 'I'his property is zoned single family, therefore iYS second floor kitchen
plumbing must be removed to code. '
3. Heating: The operaiional condition of the warm air furnace which heats the main floor is
wilrnown. There is an older gas space heater on the second floor therefore it lacks centrai heating.
Page 2 of 3
o��_��-4
Cost Estimate
X
4..
Extetior.
1. Roof
2. Eaves
3. Siding
4.Doors &
Windows
5. Found.
6. Garage
Interior:
$3,000 Repair roof
$2,8Q0 Repair and paint or cover eaves, install gutters
$9,000 Remove stucco, install vinyl siding
$7,800 Replace e�cterior doors, Retrofit windows, repair and paint or cover
e�rterior trim, Install 12 storm windows,
$5,000 Repair settling foundation
$4,000 Demolish garage and out building
i. Kitchens $2,200 Replace floor coverings and countertop
2. Bathrooms $1,800 Replace floor coverings, install tub surround
3. Living Rm. $2,400 Replace floor coverings, paint
4. Bedrooms $3,300 Replace floor coverings, repair ceilings, paint
5. Stairway $1,700 Rebuiid steps and raiis, complete walls, paint
6. Basement $1,Q00 Rebuitd basement stairs
ElectricaUMechanical
1. Electric $3,000 Convert to a single electrical service, install GFI protection in
ldtchens and bathroom to code, instail smoke detectors to code
2. Plumbing $ 500 Decom�ert kitchen pldmbing Yo code �
3. Heating $5,000 Install central heat to the seoond floor
TOY31 �.'OSf $$$,SOO
Note: This report does not take into account the clean up costs associated with the St. Paul Public
Aealth DepartmenY s, "Order to Abate 23uisance Building(s)" for 846 Westem Ave. N., dated
March 21, 1997. Steve Magoer at Public Aealth estimates these costs in excess of $3,000.
Page 3 of 3
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