06-285Council File # 06-285
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� RESOLUTION
.-'-�� 1 INT PAUL, MINNESOTA
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Presented
Resolution Establishing a Stay in Implementation of Council FiZe #06-75,
An Order to Remove or Repair 431 East Page Street
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WHEREAS, the Saint Paul CiTy Council adopted Council File #06-75 on January 18, 2006 an Order to Remove or
Repair the buildings at 431 East Page Street within 15 days; and
WI�REAS, on March 15, 2006, Daniel Douglas of 5755 35`� Avenue South, Minneapolis, Minnesota signed an
agreement with the City of Saint Paul which provides him until July 1, 2006 to rehabilitate this property which
agreement is attached; now, therefore be it
RESOLVED, that the City Council hereby grants a stay in the implementation of Council File #06-75 until July 1,
2006.
Yeas Nays Absent
Benanav �
Bostrom �
Harris �
Helgen ,
Lantry �
Montgomery ,�
Thune �
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Adopted by Council: Date // /l �Uj�/�
Adoption Certified by Council Secretary
BY� // /l-�il
Approved by o :�ate .�
BY: �//ni � �h��'�/s�c'C/� �
Requested by Depariment of:
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Form Approved by City Attomey
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Approved by Mayor for Submission to Council
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Green Sheet # 3030083
06-285 �
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
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ConiactPerson & Phone:
Coimcilmembw Th�ne
266 8620
r;,, Must6eonCouncilAeerMa
15-�v1AR-06
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. RE-RESOLUt10N
°��"��� Green Sheet NO: 3030083
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Assign 1 � '
Number Z
For 3
RouGng
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5
Total # of Signature Pages _(Clip NI Locafions for Signature)
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Establishing a Stay in Implementation of Council File 06-75, an Order to remove or repair 431 East Page Street.
Recommendations: Appro�e (A) or Reject (R):
Planning Commission
CIB Committee
Ciwl Senice Commissian
Personal Service Contrac� Must Mswerme ronowmg muesuonsc
7. Has this person/firtn e�er worked under a coMract firthis depaAmenl?
Yes No
2. Has this persoNfirtn e�er been a city employee?
Yes No
3. Dces this peisonlfirtn possess a skill rot nortnally possessed by any
curterrt city employee?
Yes No
Explain all yes answers on sepa2te sheetand atfach to green sheet
Initia6ng Problem, lssues, Opportun'rty (Who, Wha; When, Where, Why):
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4•,
Advantages H Approved:
Disadvarnages B Approved:
Disadvantages H Not Approved:
Transaction:
Funding Source:
Financial Informatlon:
(Explain)
March 15, 2006 3:40 PM
CosURevenue BudgeMd:
Activity Number:
Page t
06-285
AGREEMENT REGARDING T'HE REHASILITATION OF 431 EAST PAGE STREET, 5AINT PAUL
Whereas, 431 East Page Street is a 2-story, wood frame, singl�
family dwelling on a lot of appro�mately 4,780 squaze feet,
located in the Second Wazd; and
Whereas, on January 25, 2006, the City of Saint Paul City
Council adopted Council FIle No. 06-75 — Ordering the owner to
remove or repair the buildinn(s) at 431 Page Street East within
fifteen (15) days from adoprion of resolurion, per the
recommendation of the Legislative Hearing Officer, as no work
plan for the rehabilitarion or financial plan for its financing was
made available review during or after the legislative hearing
process;and
Whereas, the owner of 431 East Page Street, Daniel Douglas of
5755 35`� Avenue South in Minneapolis, and his partner in the
rehabilitafion, project manager Lisa Her-Bauer of 1024 Marshall
Avenue in Saint Paul have completed the following toward the
eventual rehabilitation of this property:
1. A Code Compliance Inspection Report, dated July 7,
2005, has been received and it indicates those building
violations which must be corrected prior to the re-
occupation of the structure; and
2. The Vacant Building Regish�ation fees have been
January 7, 2006; and
3. A$2,000 performance deposit was posted with the City
on January 3, 2006.
Whereas, a work plan demonsuating the owner's and project
manager's understanding of the scope of the rehabilitation has
been developed and reviewed for completeness and approved by
the City CounciPs Legislative Hearing Officer, Mazcia
Moermond by the end of business on Mazch 10, 2006; and
Whereas, an additional $3,000 performance deposit was received
by the Office of License, Inspec6on and Environmental
Protection by noon on Mazch 1 Q 2006, as the City ordinance
governing performance deposits for working on dangerous
structures, Leg. Code § 33.03(� changed the deposit amount
from $2,000 to $5,000 effective on February 17, 2006;
Now, therefore, be it resolved that the City of Saint Paul granu,
subject to City Council review and approval under separate
resolution, 120 days, or unti] July 1, 2006 for the complete
rehabilitation of 431 East Page Street in Saint Paul, subject to
the following conditions being met:
1. The exterior of the properfy and gounds shall be
maintained in compliance with the City's Legislative
Code with the understanding that a violation of this will
result in summary abatement proceedings without
further norice; and
� �- -• -06
Daniel Dou las 431 East Page Street Date
� .� 3-� - �
dith Hanson, Saint Paul City Attomey's Office Date
2. The owner, his par[ner or contractors working for them
shall apply for and obtain permits for all rehabilitation
work which requ'ves permits; and
3. The owner shall complete the rehabilitarion of the
property, which will be determined by obtaining a
Certificate of Code Compliance from the Office of
License, Inspections and Environmental Protecrion by
July 1, 2006; and
4. The owner and/or his assi�s will agree to actively
mazket the property for the purpose of owner-
occuparion, and if it is necessary to rent the property in
the interim, he agrees to use a reputable tenant
screening agency and observe the a idelines
promulgated by the City's Crime-Free Multi-Housing
Program within the Police Departrnent; and
5. In the event the property is sold during the course of the
rehabilitation, the owner agrees to a) notify the City of
the proposed uansaction; b) notify the potentia]
purchaser of the order to remove or repau outlined in
Council File No. 06-75 and this agreement; and c)
obtain written wnsent from the City through the
Legislative Hearing Officer allowing the sale of the
property before the CertiFicate of Code Compliance is
issued; and
6. The owner of 431 East Page Street acloiowledges that
this property is a nuisance as defined by the City's
Legislative Code imtil the Code Compliance Certificate
is issued. As such, the owner agees the property is
subject to the terms of Council File No. 06-75 if the
deadlines aze not met and he agrees not to seek other
legal recoarse against the City of Saint Paul regarding
this property. The owner fmther agrees to waive all
legal action against the City of Saint Paul pursuant to
this agreement, including contesting this a�eement.
7. Owner agees that the issuance of a Certificate of Code
Compliance is within the sole discretion oPthe Office
of License, Inspections and Env'uonmental Protection;
and
8. Owner agrees to final completion by July 1, 2006, and
understands that the City will demolish the property
under its Police Powers if the building is not completed
by July 1, 2006.
9. Owner waives any and all potential lega] claims against
the Ciry of Saint Paul, its employees, or agents arising
out of this agreement and its enforcement.
And be it finally resolved, that if the City Council fails to
act by March 22, 2006 to grant the afore-mentioned 120
days for this rehabilitation, neither party is bound by these
terms.
�-'�Ei �--...�---
Her-Bauer,
3/r,s7o-6
Date
project manager for the rehabili tion of 431 East Page Street
�/'U(�.�-- � �s oG
Mazcia Moermond, Legis ative Hearing Offic Date