04-1160CouncilI+51e# D� 1/ bt3
Green Sheet # �a`'�5
RESOLUTION
Presented
Referred To
ITY OF SAINT PAUL, MINNESOTA
Committee Date
�2
1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certi6es and approves the NovemUer 23, 2004,
2 decision of the Legislative Hearing O�cer on Appeals for Letters of Deficiency, Correction Notices and Correction
3 Orders for the following address:
4 Property Anpealed
Ap epp llant
5 935 Childs Road Malcolm McDonald for CHS, Inc.
6 Decision: Laid over to the March 22, 2005 Legislative Hearing to allow additional time to formulate a plan.
Requested by Department ot.
�
Form Approved by City Attorney
�
Adoption Certified by Councff Secretary
�
-„
�
Approved by Mayor for Submission to Council
Adopted by Council: Daze �Q C 9 v�P� ��j � l�0 `�
�
� Green Sheet Green Sheet
o�� Il�d
4
Green Sfieet Green Sheet Green Sheet Green Sheet
Departrnentloffice/councii: Date Initiated:
co �ouncil 0&DEG04 Green Shee# NO: 3024588
Corkact Person 8 Phone: Deoarhnent Sent To Person Initial/Date
Marcia Moermond � 0 u ci
6-8570 Assign 1 u cil De artment Direc r
Must Be ott Council Agenda by (Date): Number 2 iri Clerk Cirv Clerk
For
Routing 3
Order A
5
Total # of Signature Pages _(Clip Atl Lowtions for Signature)
Action Requested:
Resolution approving the decision of the Legislative Hearing Officer on Appeals for Letters of Deficiency, Correcrion Norices and
Conection Orders for the following address: 435 Childs Road.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts PAust Answer the Pollowing Questions:
Planning Commission ' 1. Has this personlfirm ever worked under a contract for this dapartment?
GB Canmittee , Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
� 3. Dces this person�rm possess a skill not normally possessed by any �
current ciry employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, fssues, Opportunity (Who, What, When, Where, Wfiy):
Ativantages If Approved: '
Disadvantages !f Aparoved:
Disadvantages If Not Approved:
ToWI AmouM of CostlRevenue Budgeted:
Trensaction:
Fundinq Source: Activiri Number:
Financial Infortnation:
(Explain)
o�-- i��
NOTES OF THE LEGISLATIVE HEARING
LETTERS OF DEFICIENCY, CORRECTION NOTICES, AND CORRECTION ORDERS
Tuesday, November 23, 2004
Room 330 City Hall, 15 Kellogg Boulevard West
Matcia Moermond, Legislative Hearing Off'icer
The hearing was called to order at 135 p.m.
STAFF PRESENT: Phil Owens, Fire Prevention; Andy Dawkins, Neighborhood Housing and Property
Improvement (NHPI�; Officer Keenan, NHPI
935 Childs Road Malcolm McDonald, attorney representing CHS, Inc.
Phil Owens, Fire Prevention, appeared and stated orders were issued to paint the silos as they were not
being kept in accordance with the code. He presented photos of the silos.
Malcolm McDonald, attorney representing CHS, Inc., stated they were tenants of the properry. Ms.
Moermond questioned how often the silos were painted.
Tim Patuvs, representing CHS, Inc. stated the tops had been painted in 1996. There had been an
explosion in 1982 which required replacement of some of the silos. He believed they had been painted at
that time but was unsure.
Ms. Moermond asked why they were appealing the order.
Mr. McDonaid stated there weren't any structural or safety issues concerning the silos. He believed it was
a matter of aesthetics. The location of the silos was in a highly industrial area and the only people who
would be able to see the silos would be from river traffic or neighboring properties which were also
industrial. The tanks were used to store grain, however, they used them very sporadically mainly because
it was not cost effective. They had received estimates ta sandblast and paint the silos in 1999 ranging in
price from $575,000 to $1 miliion. They also received estimates in Z001 which were approximately
$500,000. They had attempted to receive new estimates prior to the hearing, however, they were unable to
get firm estimates because they were unsure if the paint was lead based and, therefore, did not Imow what
environmental protections would be necessary. They received a rough estimate of $532,000 to $700,000.
The property was currently leased from the Port Authority and they were attempting to sell their leasehold
interest. They had met with two potential buyers and one was still interested in purchasing their leasehold
interest, however, negotiations had stalled. He requested additional time to work with the Port Authority
on a plan as to whether the silos should continue to be used or should be torn down. The earliest they
would be able to paint the silos would be early spring. He also requested that if they do decide to go
ahead with painting the silos, if they would be allowed to do the work in phases such one or two silos per
year. He also indicated the silos farthest from the river were in fairly good condition while the tanks
closest to the river were in the worst condition.
Mr. Owens stated the silos were very visible to people traveling on Warner Road which is where the
photo�aphs were taken that he had presented, and were very visible to anyone traveling on the river. He
did not have any objection to allowing the work to be done in phases, however, he was not agreeable to
painting only one or two silos per year. He was most concerned with the silos facing the river and would
be willing to a11ow them until spring for painting.
o�- !I �o
Notes of the Legislative Hearing - November 23, 2004
Page 2
Ms. Moermond recommended laying this matter over to the Mazch 22, 2005 Legislative Hearing to a11ow
additional tnne to formulate a plan as to whether they were going to sell their leasehold interest, demolish
the silos or obtain estimates for doing the necessary repair and painting.
Council File # �rp�
Green Sheet # �a`�5`d
Presented
Referred To
RESOLUTION
OF SAINT PAUL, MINNESOTA
Committee Date
�2
1 BE TT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the November 23, 2004,
2 decision of the Lea slative Hearing O�cer on Appeals for Letters of Deficiency, Correction Notices and Correction
3 Orders for the following address:
4 Pro eA rtv Appealed
Appellant
5 935 Childs Road Malcolm McDonald for CHS, Inc.
6 Decision: Laid over to the Mazch 22, 2005 Legislative Hearing to allow additional time to formulate a plan.
Requested by Department oE
�
Form Approved by City Attorney
�
Adoption Certified by Council Secretary
�
Appi
�
Approved by Mayor for Submission to Council
Adopted by Council: Date ���� l� � l�0 �
� Green Sheet Green Sheet
o�- �1��
Green Sheet Gree�a Sheet Green Sheet Green Sheet
�
DepartmenUOfficefcou�il: Dafe Initiated:
co -���,� o�-�E� Green Sheet NO: 3024588
Deoartment Ser�t To Person Initial/Date I
Conhct Peison 8 Phone: t
Marcia Mcertnand � 0 ncil
6�5�� Assign 1 ouncil DeoarlmeutDirec[or I
Must Be on Council Agenda by (Date): Number 2 ' Clerk Ci Clerk
For
Routing 3
Order 4 _ _ _ _ _ _ _ _ _ _ _ _ �
5
Total # of Signature Pages _(Clip All Locations for Signature)
AcGon Requested:
Resolurion approving the decision of the Legis3ative Hearing Officer on Appea]s for Letters of Deficiency, Cozrection Notices and
Correction Orders for the following address: 935 Childs Road.
Recommendations: Approve (A) or Rejed (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contrad for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this personffirm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normafly possessed by any
arrent city employee?
Yes No
Explain all yes answers on separate sheet and attach to green shee[
Initiating Problem, Issues, Opportunity (Who, WF�at,lNhen, Where, Why):
AdvanWiaes It Approved:
Disadvantapes If Approved:
DisadvanWges If Not Approved:
Tetal Amaunt uf Cost/Revenue Budgeted:
Transaction:
Fundinq Source: Activity Number:
Financiaf lnformation:
(Explain)
D�- (Il�
NOTES OF THE LECsISLATIVE HEARING
LETTERS OF DEFICIENCY, CORRECTION NOTICES, ANU CORRECTION ORDERS
Tuesday, November 23, 2004
Room 330 City Ha11, 15 Kellogg Boulevazd West
Mazcia Moermond, Legislative Hearing Officer
The hearing was called to order at 135 p.m.
STAFF PRESENT: Phil Owens, Fire Prevention; Andy Dawkins, Nei�borhood Housing and Property
Improvement (NfIPn; Officer Keenan, NiIPI
935 Chiids Road Malcoim McDonald, attorney representing CHS, Inc.
Phil Owens, Fire Prevention, appeared and stated orders were issued to paint the silos as they were not
being kept in accordance with the code. He presented photos of the silos.
Malcolm McDonald, attorney representing CHS, Inc., stated they were tenants of the property. Ms.
Moermond questioned how often the silos were painted.
Tim Paurus, representing CHS, Tnc. stated the tops had been painted in 1996. There had been an
explosion in 1982 which required repiacement of some of the silos. He believed they had been painted at
that time but was unsure.
Ms. Moermond asked why they were appealing the order.
Mr. McDonald stated there weren'C any shuctural or safety issues concerning the silos. He believed it was
a matter of aesthetics. The location of the silos was in a highly industrial area and the only people who
would be able to see the silos would be from river traffic or neighboring properties which were also
industrial. The tanks were used to store grain, however, they used them very sporadically mainly because
it was not cost effective. They had received estimates to sandblast and paint the silos in 1999 ranging in
price from $575,000 to $1 million. They also received estimates in 2001 which were approximately
$504,000. They had attempted to receive new estimates prior to the hearing, however, they were unabie to
get firsn estimates because they were unsure if the paint was lead based and, therefore, did not know what
environmental protections would be necessary. They received a rough estimate of $532,000 to $700,000.
The properiy was currently leased from the Port Authority and they were attempting to sell their leasehold
interest. They had met with two potential buyers and one was still interested in purchasing their leasehold
interest, however, negotiations had stalled. He requested additional time to work with the Port Authority
on a p1an as to whether the silos should continue to be used or should be torn down. The earliest they
would be able to paint the silos would be early spring. He also requested that if they do decide to go
ahead with painting the silos, if they would be allowed to do the work in phases such one or two silos per
year. He also indicated the silos farthest from the river were in fairly good condition while the tanks
closest to the river were in the worst condition.
Mr. Owens stated the silos were very visible to people traveling on Warner Road which is where the
photographs were taken that he had presented, and were very visible to anyone traveling on the river. He
did not have any objection to allowing the work to be done in phases, however, he was not agreeable to
painting only one or two silos per yeu. He was most concerned with the silos facing the river and would
be willing to allow them until spring for painting.
o�- �I bo
Notes of the Legislafive Hearing - November 23, 2004
Page 2
Ms. Moermond recommended laying this matter over to the Mazch 22, 2005 Legislative Hearing to allow
additional tune to formulate a plan as to whether they were going to sell their leasehold interest, demolish
the silos or obtain estnnates for doing the necessary repair and painting.