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07-1116Council File # d�— �� Green Sheet # ��-{�{ j,�'j�j RESOLUTION MINNESOTA �� I WHEREAS, Department of Safety and Inspections has requested the City Council to 2 hold public hearings to consider the advisability and necessity of ordering the repair or wrecking 3 and removal of a two-story, brick, single family dwelling and two (2) garages on west side of lot 4 located on property hereinafter referred to as the "Subject Property" and commonly known as 5 1237 JACKSON STREET. This property is legally described as follows, to wit: 6 7 SOO LINE PLAT NUMBER 3 LOT 9 BLK 1 OF PARKER & BAILEY'S OUTLOTS& SUBJ 8 TO AVE; LOT 6 BLK 1 OF DAWSON'S FOURTH ADD & IN SD SOO LINE PLAT NO 3 9 SUBJ TO AVE & EX E 26 FT & EX PART N OF EXT N L OF LOT D; LOTS C, D, E& F 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ?4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Department of Safety and Inspections on or before March 31, 2007, the following are the now known interested or responsible parties for the Subject Property: B Bros St Paul Prop LLP, Attn: Richard Sherman , 2855 Eagandale Blvd., Eagan, MN 55121; David Sanduik, 1380 Corporate Center Curve, Eagan, MN 55121; District 6 Planning Council, d istrict6(a�qwestoffice. net WHEREAS, Department of Safety and Inspections has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated July 23, 2007; and WHEREAS, this order informed the then known interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parCies that they must repair or demolish the structure located on the Subject Property by August 22, 2007; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance conditioo; subject to demolition; and WHEREAS, this nuisance condition has not been corrected and Department of Safety and Inspections requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 oPthe Saint Paul Legislative 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, October 23, 2007 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by demolishing and removing the structure in accordance with all applicable codes and ordinances. The o�-i ii � 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WHEREAS, a heazing was held before the Saint Paul City Council on Wednesday, November 21, 2007 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order conceming the Subject Property at 1237 JACKSON STREET. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. That the costs of demolition and removal of this building(s) is estimated to exceed five thousand dollars ($5,000.00). 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 building(s). That the deficiencies causing this nuisance condition have not been corrected. That Department of Safety and Inspections 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 Department of Safety and Inspections, Vacant/Nuisance Buildings. That the lrnown interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. �•� • The Saint Paul City Council hereby makes the following order: 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 demolishing and removing the structure in accordance with all applicable codes and ordinances. The demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. ��-iii� 91 92 93 94 95 96 97 98 99 ]00 101 102 103 104 2. If the above corrective action is not completed within this period of time Department of Safety and Inspections is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and chazge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 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 property by the responsible parties by the end of this time period. If all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. It is fiu ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code Yeas � Nays � Absent � Requested by Department of: ✓ Benanav Bostrom Thune ✓ Adopted by Council: Date �� Adoption Certified by Counc' Secretary BY —_—/L11•1 f � Approved v,POI'a or: Date ��/L7�p7 7 � By: Safety and Inspections Code Enforoement / Vacant Buildings By: Form Approved by City Attorney By: Form Approved by Mayor for Submission to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet 6reen Sheet � O� �� // V �' - Dept of Safety & Inspecvons ConWCt Person 8 Phone: Bob Kessler 266-9013 Mus[ 6e on 21-NOV-07 Doa Type: PUBIIC HEARING (RESOLUI E-Document Required: Y Document Contact: Mazine Linston CotAact Phone: 2661938 2S-SEP-07 � Assign Number For Routing Ord¢r 7otal # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3044555 0 1 2 3 4 5 Dept of Saferi & Insnections i Ctity Attornev I I avor's Office Mavar/ASSistaut ouncil 'h Clerk City Clerk i City Council to pass this resolu[ion which will order the owner(s) to remove the referenced building(s). If the owner fails to comply with the resolutioq Neighborhood Housing & Property Improvement is ordered to remove the building. The subject property is located at 1237 Jackson Street. Planning Commission 1. Has this persoNfirm ever worked under a contred for this department? CIB Committee Yes No Civil Service Commission 2. Has this person�rm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee� . - Yes No Explain aN yes answers on separate sheet and aUach to green sheM Initiating Rroblem, Issues, Opportunity (Who, What, When, Where, Why): This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislarive Code. The owners, interested parties and responsible parties known to the Enfomement Officer were given an order to repair or remove the building at 1237 Jackson Street by August 22, 2007, and have failed to comply with those orders. Advantages If Approved: The Ciry will eliminate a nuisance. DisadvanWges If Approved: ' ' The City wili spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the properly tases. Disadvantages If Not Approved: A nuisance condirion will remain unaba[ed in the Ciry. This building(s) wIll con[inue to blight the community. 7ransaction: $�2.000.00 CostlRevenueBudgeted: y Funding Source: Nuisance HOUSing Abatement Activity Number. 30251 Financiai Information: (Explain) .v. �"�'�*,�,��? �`'i.,.�t i � � �.Y � � �� October 29, 2007 227 PM Page 1 DEPARTMENT OF SAFETY AND INSPEC CIONS Dcck Lippert, Manager of Code Enforcemen[ CITY OF SAII�rT PAUL Nuisance Building Enforcement Chrestopher B. Colernan, Mayor 1600 YPhite Bear Ave N Saint Paul, �55106 September 28 2007 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council 0�- /lllo Tel: (651) 266-1900 Fcr.:: 1651j 266-1926 Departrnent of Safety and Inspections, Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 1237 JACKSON ST The City Council has scheduled the date of these hearings as follows: Legislaflve Hearing — Tuesday, October 23, 2007 City Council Hearing — Wednesday, November 21, 2007 The owners and responsible parties of record are: Name and Last Known Address B Bros St Paul Prop Llp 2855 Eagandale Blvd Eagan MN 55121-1202 David Sanduik 1380 Corporate Center Curve Eagan, MN 55121 District 6 Planning Council district6C�a qwestoffice.net Interest Fee Owner Interested Party District Council AA-ADA-EEO Employer 1237 Jackson Street September 28, 2007 Page 2 The legal description of this property is: ��' ��(Y SOO LLNE PLAT NliMBER 3 LOT 9 BLK 1 OF PARKER & BAILEY'S OtiTLOTS& SUBJ TO AVE; LOT 6 BLK 1 OF DAWSOI� FOtiRTH ADD & IN SD SOO LINE PLAT NO 3 SUBJ TO AVE & EX E 26 FT & EX PART N OF EXT iV L OF LOT D; LOTS C, D, E& F The Department of Safety and Inspections has declazed this building(s) to constitute a "nuisance" as defined by Legislative Code, Chapter 45. The Department of Safety and Inspections 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). The property was re-inspected on August 22, 2007. There was no compliance and the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Deparhnent of Safety and Inspections that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize the Department of Safety and Inspections to proceed to demolition and removal, and to assess tl�e costs incurred against the real estate as a special assessment to be collected an the same manner as taxes. Sincerely, Steve Magner Steve Ma�er Vacant Buildings Manager Deparhnent of Safety and Inspections SM:ml cc: Judy Hanson, City Attorneys Office Mary Erickson, Assistant Secretary to the Council Cindy Carlson, PED-Housing Division Stacey Millett, Invest St. Paul District Council — Community Organizer pubhmg60183 O6/07 d �—I lllo SUMMARY FOR PUBLIC AEARING 1237 Jackson Street Legislative Hearing — Tuesday, October 23, 2007 City Council — Wednesday, November 21, 2007 The building is a two-story, brick, single family dwelling with a detached two stall gazage on a lot of 52,272 squaze feet. According to our files, it has been a vacant building since December 29, 2000. The current property owner is B Bros St. Paul Properties, LLP, per AMANDA and Ramsey County property records. There have been seventeen (17) SUMMARY ABATEMENT NOTICES since 2000. There have been four (4) WORK ORDERS issued for: - Removal of improperly stored refuse On June 29, 2007, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed and photographs were taken. An ORDER TO ABATE A NLTISANCE BUILDING was posted on July 23, 2007 with a compliance date of August 22, 2007. As of this date this property remains in a condition which comprises a nuisance as defined by the legislative code. The Vacant Building registration fees are delinquent in the amount of $250.00. Taxation has placed an estimated market value of $242,200 on the land and $5,000 on the building. As of October 22, 2007 a Code Compliance inspection has not been completed. As of October 22, 2007, the $5,000.00 performance bond has not been posted. Real Estate taYes are current. Code Enforcement Officers estimate the cost to repair this structure is $60,000 to $70,000. The estiniated cost to Demolish is $10,000 to $12,000. NFIPI, Division of Code Enforcement Resolution submitted far consideration orders the property owner to repair or remove this shucture within fifteen (15) days, if not the resolution authorizes the Division of Code Enforcement to demolish and assess the costs to the property. ?'ax & Properiy Characteristic Information - Shucture Description Home Siie thap Page 1 oY 2 D�-llll� CaataciUs Tax & Property Characteristic Information - Structure Description RRInfo Nome � � Tips Info � � Propertv Search � � Record Document � � Contact Us New Property Search Back to Search Resu{ts Quick,I_nfo Pro�erty_ Snformation Taxpayer Name_and Address Value Information Value Historv Structure Description Sale Tnformation S�eciai Assessmenis Pro�ertv Tax Payment Information Pro�ertv Tax_Payment Nistory > Structure Description Property Identification 19.29.22.34.0044 Number (PIN) Property Address 1237]ackson St St. Paul 55117-4521 Residential Property: Year Built 1905 # of Stories 1.50 Style One And 3/4 Story Euterior Wall Brick Sotal Rooms 8 Total Family Rooms 0 Total Bedrooms 4 Full Baths 2 Half Baths 0 Attic Type Finished SQ Feet 2321 Poundation Size 1388 Basement Area Finished Finished Rec Area Current Pro�erty Tax StatementNalue Notice 20Q6 Pronerty Tax StatementlVal Notice 2005 Prooert��ax StatemenJValue Notice 2004 Pro�ertX Tax Statement/Value Notice Garage Type Area (sq.ft.} Parcel Size 1.20 Acres Parcel Width 193.00 Feet Parcel Depth 271.00 Feet Land Use Code 520 Land Use Description R- Two Family Dwelling, Pfatted Lot http:/lrrinfo.co.ramsey.mn.us/public/characteristic/Parcel.pasp?scrn-Dwelling&pin=1929... 10/22/2007 DEPARTMENT OF SAFETY AND INSPECTIONS Dzck Lippest, Manager of Code Enforcement CIT`Y OF SAIl�T PAUL Christopher Coleman, Mayor July 23, 2007 1600 Whtte Bear Ave N Saint Paul, MT7 55106 Nuisance Bv.ilding Enforcement v�- I lI lv Tel. (651) 266-1900 Fax. (651J 266-1926 B Bros St Paul Prop Llp David Sanduik 2855 Eagandale Blvd 1380 Corporate Center Curve Bagan MN 55121-1202 Eagan, NfI3 55121 Attn: Ricahrd Sherman Order to Abate Nuisance Building(s) Dear : Sir or Madam The Vacant/Nuisance Buildings Unit, Department of the Department of Safety and Inspections, Division of Code Enforcement, hereby declares the premises located at: 1237 JACKSON ST and legally described as follows, to wit: SOO L1NE PLAT NUMBER 3 LOT 9 BLK 1 OF PARKER & BAILBY'S OUTLOTS& SUBJ TO AVE; LOT 6 BLK 1 OF DAWSON'S FOURTH ADD & IN SD SOO LINE PLAT NO 3 SUBJ TO AVE & EX E 26 FT & EX PART N OF EXT N L OF LOT D; LOTS C, D, E& F to comprise a nuisance condition in violation of the Saint Paul Legislative Code, Chapter 45.02, and subject to demolition under authority of Chapter 45.11. On June 29, 2007, a Building Deficiency Inspection Report was compiled and the following conditions were observed. This list of deficiencies is not necessarily all the deficiencies present at this time. As first remedial action, a Code Compliance Inspection must be obtained from the Building Inspection and Design Section, 8 Fourth Street East, 5uite 200, Commerce Building (651)266-9090. That inspection will identify specific defects, necessary repairs and legal requirements to correct this nuisance condition. You may also be required to post a five thousand dollar {$5,000.00) performance bond with the Building Inspection and Design Office before any permits are issued, except for a demolition permit. AA-ADA-EEO Employer July 23 1237 7ACKSON ST page 2 D�-llllv This building(s) is subject to the restrictions o£ Saint Paul Ordinance Chapter 33.03 and shall not again be used for occupancy until such time as a Certificafe of Compliance ar a Certificate of Occupancy has been issued. This is a two-story, wood frame, brick exterior, sin�le family dwelling with two garages on west side of lot. Exterior 1. The exterior walls of the house and/or garage are defective. Repair all holes, breaks, loose or rotting siding, to a professional state of maintenance. 2. The roof is deteriorated, defective, or in a state of disrepair. Repair or replace the roof covering to a sound, tight and water impervious condition. Permit may be required. 3. The windows and/or storm windows are in a state of disrepair. Replace all missing or broken window glass. Make all necessary repairs to frames, sashes, hardware and associated him in a professional manner. Permit may be required. 4. The eaves and soffits are in a state of disrepair or deterioration. Repair all defects, holes, breaks, loose or rotting boards, to a professional state of maintenance. Permit may be required. 5. The foundation is deteriorated, defective or in a state of disrepair. Repair all foundarion defects in a professional manner to a weather-tight, water-tight and rodent-proof condition. Permit may be required. 6. The window and/or door screens are missing, defective or in a state of disrepair. Provide proper window and door screens far all openable windows and doors. Screens must be tight-fitting and securely fastened to the frames. Interior The bathroom floor covering is deteriorated or inadequate. Provide floor covering which is impervious to water and easily cleanable throughout the bathroom and seal around the edges and fixtures. 8. FURNACE: Have a licensed heating contractor service and clean the furnace or boiler and make any necessary repairs. Perform a GO test on the heating plant. Then, send the attached form back to the Inspectar. Repair of gas fired appliances requires a permit. July 23, 2007 12;7 JACKSON ST page 3 D7�lil� 9. The interior walls aze defective. Repair all wall defects and fuush in a professional manner. 10. The interior ceilin�s are defective. Repair all ceiling defects and finish in a professional manner. 11. The stairs have missing or defective handrails. Provide all interior and exterior stairways and steps of more that three (3) risers with handrails which are grippable and installed 34" to 38" above the nose of the stair treads. 12. SATIITATION: Immediately remove improperly stored or accumulated refuse including; gazbage, rubbish, junk, vehicle parts, wood, metal, recycling materials, household items, building materials, rubble, tires, etc., from the interior. 13. Smoke Detector: Lack of properly installed and operable smoke detector. Provide functioning smoke detectors in accordance with the attached requirement, within 24 hours. 14. Lack of basic facilities, Electric and/or gas service shut off. 15. Improper venting of gas fired applzances. 16. Evidence of impxoper wiring. Have a licensed electrical contractor make repairs. As owner, agent or responsible party, you are hereby notified that if these deficiencies and the resulting nuisance condition is not corrected by August 22, 2007 the Depariment of Safety and Inspections, Division of Code Enforcement, will begin a substantial abatement process to demolish and remove the building(s). The costs of this action, including administrative costs and demolirion costs will be assessed against the property taxes as a special assessment in accordance with law. As first remedial action, a Code Compliance Inspection Report must be obtained from the Building Inspection and Design Section, 8 Fourth Street, Suite #200, Commerce Building, (651)266-9090. This inspecrion will identify specific defects, necessary repairs and legal requirements to correct this nuisance condition. As an owner or responsible party, you are required by law to provide full and complete discloswe of this "Order to Abate° to all interested parties, all present or subsequent renters and any subsequent owners. If you sell, transfer, or convey in any manner, the ownership or responsibility far this property, you must within seven (7) days, notify the Enforcement Officer with the names and addresses of any new owners or responsible parties. July 23, 2007 1237 JACKSON ST page 4 �� / � The Enforcement Officer is required by law to post a placard on this property which declares it to be a"nuisance condition", subject to demolition and removal by the City. This placard shall not be removed without the written authonty of the Departrnent of Safety and Inspections, Division of Code Enforcement. The deparhnent is further required to file a copy of this "Order to Abate" with the City Clerk's Office. If corrective action is not taken within the time specified in this order, the Enforcement Officer will notify the City Council that abatement action is necessary. The City Clerk wili then schedule dates for Public Hearings before the City Council at which rime testimony will be heard from interested parties. After this hearing the City Council will adopt a resolution stating what action if any, it deems appropriate. If the resolution calls for abatement action the Council may either order the City to take the abatement action or fix a time within which this nuisance must be abated in accordance with the provisions of Chapter 33 of the Saint Paul Legislative Code and provide that if corrective action is not taken within the specified time, the City shall abate this nuisance. The costs of this action, including administrative costs witl be assessed against the property as a special assessment in accordance with law. If you have any questions or request additional information please contact Joe Yannarelly between the hours of 8:00 and 930 a.m. at 651-266-1920, or you may leave a voice mail message. Sincerely, Steve Magner Vacant Buildings Program Manager Division of Code Enforcement ca Mary Erickson - Council Research Cindy Carlson - PED Housing Amy Spong — Heritage Preservation ota60135 6/07 H � z 0 x U d •� r M N ti � n 0 0 N M N i� d � +.�+ U 0 � � m d � Lr b0 � � N � .� .� a �� o � � U�-ll/lo � � N N I E'� a C O I � � I � 4 I .r � Z � I � T% C i F:i O az�� oo�a ya� � o 0 0 0 0 0 p�� a@3..' od3.��'. 0�3� � � � F o 0 0 0 0 0 a w A oy� � W U W a�a o '�" z � � N V� W � � a� � F- F � � � ��a d` L .,�.� L� n r N � O � ^� �� (� N N -/ VJ Q� � � O a F a� � � q C � U � ~ � � � w W ° v f3� � U N.�. � W w � a� � .� �+ '� `o F" r/� � � �y h � � in � � � F a � � � � � � z � � � N a+ � � o °n � � �v � � a� �o �p�., �o�`� O -oU a� � � .� oco S�n y � ` Qa y� � y �� c� Q °i O in O 0. dc� W � �1�UWC (�U=o bA C .� '�. � T U � � � � ° o ' Date: June29,2007 Q��`�� F�le #: Ol - 225034 Folder Name: 1237 JACKSON ST PIN: 192922340044 Date: June 29, 2007 Q�� File #: Ol - 225034 Tolder Name: 1237 JACKSON ST PIN: 192922340044 Date: June 29, 2007 File #: Ol - 225034 Folder Name: 1237 3ACKSON ST p7-/lllo PIN: 192922340044 Date: June 29, 2007 �� l w File #: Ol - 225034 Folder Name: 1237 JACKSON ST PIN: 192922340044 Date: June 29, 2007 Q � File #: Ol - 225034 Folder Name: 1237 JACKSON ST PIN: 192922340044 Date: June 29, 2007 6/�� File #: Ol - 225034 Folder Name: 1237 JACKSON ST PIN: 192922340044 Date: June 29, 2007 (� / � ��/ �f' Itile #: Ol - 225034 Folder Name: 1237 JACKSON ST PIN: 192922340044 Date: June 29, 2007 �� / Il � File #: Ol - 225034 Folder Name: 1237 JACKSON ST PIN: 192922340044 Date: June 29, 2007 �"7��/�� File #: Ol - 225034 Folder Name: 1237 JACKSON ST PIN: 192922340044 Date: June 29, 2007 �� Q File #: Ol - 225034 Folder Name: 1237 JACK50N ST PIN: 192922340044 Date: June 29, 2007 D�� File #: Ol - 225034 Folder Name: 1237 JACKSON ST PIN: 192922340044 Date: June 29, 2007 6�-'�� File #: Ol - 225034 Folder Name: 1237 JACKSON ST PIN: 192922340044 Date: June 29, 2007 File #: Ol - 225034 Folder Name: 1237 JACKSON ST Q'I-llllo PIN: 192922340044 Date: June 29, 2007 File #: Ol - 225034 Folder Name: 1237 JACI{SON ST 07�/(�� PIN: 192922340044 Date: June 29, 2007 Q� �1 � File #: Ol - 225034 Folder Name: 1237 JACKSON ST PIN: 192922340044 Date: June 29, 2007 �� ,// r/„ File #: Ol - 225034 t � �� Folder Name: 1237 JACKSON ST PIN: 192922340044 October 23, 2007 Legislative Hearing Minutes 6� ✓ "r � Page 4 3. Ordering the owner to remove or repair the building(s) at 1237 Jackson Street within fifteen (15) days from adoption ofresolution. Mr. Magner stated the building was a two-story, brick, single-family dwelling with a detached two- stall garage on a lot of 52,272 squaze feet and had been vacant since Aecember 29, 2000. A code compliance inspection had not been done, the vacant building registration fees were delinquent in the amount of $250, and the $5,000 performance bond had not been posted. On June 29, 2007, an inspection of the building was done and a list of deficiencies which constitute a nuisance condition was developed. An order to abate a nuisance building was posted on July 23, 2007 with a compliance date of August 22, 2007. To date, the property remained in a condition which comprised a nuasance as defined by the Legislative Code. Ramsey County Tasation estimated the mazket value of the land to be approximately $242,200 and the building to be $5,000. Real estate t�es were current. Code Enforcement estunates the cost to repau the building to exceed $60,000 to $70,000. The cost for demolition was estimated to be approximately $10,000 to $12,000. There had also been 17 smninary abatements issued to this property, four of which went to work order: remove improperly stored refuse. Code Enforcement recommends the building be repaired or removed within 15 days. Mr. Magner stated that he had talked with one of the owners who indicated their desire to have the building removed. There were some concerns from the neighbors who apparently then contacted their Councilmember and he had not received any fiirther feedback. Mr. Magner presented pAotographs of the property. David Sandvik appeared on behalf of B Bros. St. Paul Properties, LLB, property owners. Mr. Sandvik stated that he believed the property would be worth more with the building removed. He stated that he was not aware of the delinquent vacant building fees and would look into paying those. It was his desire to develop the property; however, there were some economic risk as it was next to a wreckage yard and the railroad. The neighbors requested that they consider building townhomes or senior living cottages. If he could get some assurances that they would be able to sell them, they would move forward with the development. They did have the desire to demolish the building and were requesting additional time. They consistently encountered dumping on the property which he believed would likely increase with the building gone. He had a letter with signatures from the neighbors indicating that they were good neighbors and requesting that they make the property into a park. Mr. Magner asked whether B Bros. had purchased the property from Fox. Mr. Sandvik responded that B Bros. owned Fox. Mr. Magner stated that in approximately 2000, someone representing Fox indicated that they wanted to raze the building. Mr. Sandvik stated that he believed the property was purchased to build a storage facility; however, because the zoning was residential, they were prevented from doing so. Mr. Magner stated he believed that neighbors did not desire to have expanded commercial buildings on the site. Mr. Sandvik stated that the owners were receptive to building low-income housing on the site as the economic risk would be lessened. The neighbors, however, were not excited with the idea and encouraged senior living cottages. Mr. Magner asked Mr. Sandvik whether he had any conversations with anyone in PED. Mr. Sandvik stated that he had not. Mr. Magner suggested he contact PED as they had recenfly done a senior-living development on Payne Avenue and could offer him some advice. Ms. Moermond stated that she would recommend to the City Council that this building be removed. The Deparhnent was recommending 15 days which would mean the building would be demolished at the end of the year unless asbestos was found. October 23, 2007 Legislative Hearing MinuYes �� Page S Mr. Magner stated that if the City were to demolish the building, they would use the contractor who presented the lowest bid. If the survey came back that there was asbestos in the shucture or accessory structure, there wotzld be an addendum to the bid He explained that if the City contrac�ed to have the building demolished, there would be approxunately four to eight-months interest free on the cost of the assessment against the property. Mr. Magner suggested Mr. Sandvik provide him with his contact information and he would faac him the bid infoanation that he received on the property. Ms. Moermond recommended the building be removed within 15 days with no option for repair. Return copy to: (BJE) PW/Technical Services — Real Estate 1000 City Hall Annex Presented By Council File # Green Sheet # RESOLUTION CITY OF SAINT PAUL, MINNESOTA 3040277 3� 2 WHEREAS, in 2006 the Minnesota Deparhnent of Transportation ("MNDOT") proposed to consh a stormwater 3 drainage structure on CiTy of Saint Paul ("City") park land located along MN Highway 13 in Lilydale, Minnesota as 4 described in the attached E�ibit A; and 6 WHEREAS, the City granted MNDOT a Temporary Permit to Construct to allow the structure to be built prior to 7 completion of the formal easement acquisition process, based upon the recommendation of the Saint Paul Parks and 8 Recreation Commission as contained in its Resolution Number 06-17, adopted November 8, 2006, a copy of which is 9 attached hereto as E�ibit B; and 10 11 WHEREAS, MNDOT must enter into an agreement with the City of Saint Pau] for the permanent use of said storm 12 water shvcture on city pazk land, and pay just compensation to the City as determined by an independent appraisal 13 pursuant to Section 13.01.1 of the Saint Paul City Charter; and 14 15 16 17 18 19 20 21 22 23 WHEREAS, construction is now complete and the City and MNDOT have reached agreement on a value of $26,849 for the temporary construction easement, permanent drainage easement, and vegetation and restoration work within the easement area, and have documented their agreement in the "Offer to Sell and Memorandum of Conditions" and "Drainage Easement and Temporazy Easement," attached as E�ibit C; now, therefore be it RESOLVED, that the proper city officials are hereby authorized and directed to enter into an easement agreement with MNDOT for the construction, operafion and maintenance of said stormwater drainage structure on said city pazkland in Lilydale, Minnesota; and be it further 24 RESOLVED, that just compensation for said use of city pazk land be paid by MNDOT and deposited into the 25 Parkland Replacement Fund (#720) and held in reserve for future purchase of pazk properry as requued in Chaptet 26 13.011 of the City Charter. Of the total $26,849 amount, $9,971 shall be deposited into the Parkland Replacement 27 Fund as compensation for the easements, and $16,878 shall be deposited into the appropriate Parks & Recreation 2 8 Division operations activity as compensation for the restoration work. Requested by the Division of: Parks and Recreation BV: -��-�`��. :2- D�e�tor Adopted by Council: Date ��/�/`�/J�� Adoption Cerf ied by ouncil Secretary By: ' Approved r: Date /1 By: Form Approved by City Att ey By: � <-r �' --- v Approved a or Su�n to ouncil By: D'7-lll a-- G:V2ea1 Estate\Vacanons�2006�252006 -- MNDO'! Storm Dreinage Esmfl25 2006 EsmWcpficResoluhon.doc 29 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 6�-I1J�- Departrnent/officetwuncil: Date Inkiated: Pw -�v�Wo� 3a�,Y-0� Green Sheet NO: 3040277 Contact Person & Phone: Bruce Engelbrekt 266-8854 11 �21 �n7^ Doc. Type: RESOLUTION E-0oeument Required: Y Docume�rtContact: BruceEngelbrekt ConWct Phone: 266-8854 � ueparanenc aelrz i o rersvn 0 ub6c Works Assign 1 arks and Recreation De ar[me� D'uector Number 2 ' Attorne For Routing 3 a or's OfLce Ma or/Assistant Ofder 4 ouncil 5 Clerk Ckrk Total # of Signature Pages _(Clip All Locations for Signature) Approval of a resolurion authorizing the Ciry to grant a storm water drainage easement to the Minnesota Department of Transportation (MNDOT) and to accept compeasation for the easement and related restoration work. Planning Commission CIB Committee Civil Service Commission 1. Has this personffirtn ever worked under a wntract for this departrnent? Yes No 2. Has ihis persorJfirm ever been a city employee? Yes No 3. Dces this personlfirm 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, Issues, Opportunity (Who, What, When, Where, Why): In 2006 MNDOT proposed, and was�granted pemussion by the City, to construct the drainage swcnue on City park land along Hwy 13 in Lilydale, MN. The structure was constnicted attd completed in late 2006. MNDOT has proposed [o acquire an easement for the structure and the City has verbally accepted the proposal. The attached "offer" and "easemenY' are the documenu necessary to complete this transaction. The Pazks & Recreation Commission approved the easement concept and temporary construcrion peimit per City Charter pazkland replacement requirements. City Real Estate staff and Pazks and Rec staff recommend approval of the City Council resolution so the documents may be executed and the City will receive compensation for the easement AManWges If Approved: The City will be properly compensated for an easement it intends to grant to MNDOT for the stormwater drainage structure. �a _ , .:,m, Disadvantages If Approved: None r. ' .. ' r^^f �i (°':.m"e � i� � �fO:� ��'. ,�' �' p . . , . , w . . : . ... P Disadvantages If Not Approved: The MNDOT structure will be located on Ciry property without a valid easement to protect the City's and MNDOT's pxoperiy n"gl'its. The City would be unable to collect compensation-for a non-ciTy structure encumbering ciYy property. � ,r;.RAn�; a t.: i ;��'� �__.A,.. ,. - �� Trensaction: $26,849.00 Fundiny source: State of Minnesota CosYRevenue Budgeted: N Activity Number: A�',�$�R �. � L�� • Financial Information: Some funds will be deposited into the Pazkland Replacement Fund ($9,971) for the easements and some funds (Explain) �to the appropriate Pazks operations activity ($16,878) for the restoration work. October 29, 2007 1:19 PM Page 1 �7- I 11 �- EXHIBIT A Tax Description of Citv of Saint Paul Propertv Propertv ID No: 24-01400-010-80 Section 14, Township 28, Range 23, Dakota County, Minnesota That part of Government Lot 6 lying between the Railroad and State Trunk Highway #13 and Northeast of a line commencing at the center of the Highway 1,254.69 feet Southwest of its intersection with the East line of the Section; thence Northwest at a right angle to the Southeast Railroad Right-of-Way �xh�bif "Bi' b�-Ill �- � paui Parks a�a Recreation �ommiss�on 300 Ciry Halt Annex, 2S W. 4t6 Street, Saint Paul, MN SS102 -(651)266•6400 RESOLUTION 06-17 WHEREAS, the Saint Paul Parks and Recreation Commission is an appointed body establisbed to advise the Mayor and City Council on long-range and city-wide matters related to Parks and Recreation; and WHEREAS, Section 13.01.1 of the City Charter requires that the Commission review any diversion or disposal of park property and present a recommendation to the Saint Paul City Council; and WHEREAS, the City of Saint Paul, Division of Pazks and Recreation, owns city park property known as Lilydale Regional Park (Eachibit A) adjacent to Minnesota State Highway 13 in Dakota County. WHEREAS, the Minnesota Department of Transportation ("MnDoY') is requesGng a temporary construction easement and a permanent operation and maintenance easement for the installation.of a storm water outfall within this Park property, as shown on E�ibit B; and WAEREAS, MnDot or its agent will perform all construction and restoration activities in a safe and professional manner consistent with the proposed permit requirements, and WHEREAS, any trees, shrubs and other landscaping disturbed as a result of the construction will be restored at MnDot's expense and in a manner acceptable to the Division of Pazks and Recreation; and WHEREAS, the Division of Parks and Recreation has determined that the park property may be diverted for this purpose and recommends Commission support for the request, subject to: 1. Satisfaction of conditions as set fortL in a temporary construction Easement between the City of Saint Paul ("Cit}�') and MiiDot, attached as Exhibit "C"; and 2. Execution of a subsequent permanent Operation and Maintenance Easement between the City and MnDot following completion of the pazk land diversion procedures, including: a. Appraisal of the land diverted and deposit of payment in the Parkland Replacement Fund; b. Payment of administrative fees; and c. Approval of the diversion by the City Council at a public hearing; NOW, THEREFORE BE IT RESOLVED, that tbe Saint Paul Parks and Recreaflon Commission concurs with the request to divert city park land in Lilydale Regional Park through an easement granted to MuDot, and in accordance with Ciry Charter Section 13.011 recommends approval by the Saint Paul City Council. Adopted by the Saint Paul Pazks and Recrearion Commission on November 8, 2006: Approved: Yeas � Nays � Absent: � Resolurion 06-17 Attested to by: � � Staff to the Park�and eereation Commission �.. M\WP-MSWORDHdLYDALEV.ILYDAL85EWEREASEMEIVTCOMMS5510NRESOLUTION FAALDOC �� , �, )/� l� � �� „ / ��ch►b;-f- B << i � .I � I � ¢ W .. a m a� a m J J O � F- N � W � � m Q w a � o � O J O N � � O ¢ � a <n� i VI L�� z � �- � V I I I I I Z J r a F 3 � � W I- 2 W �- W � � � N 2 p ~ ^" C i-�i � � J oa � � m ° z x � r w �- � � N � � a � a � a � o � w U I � 1 � t�-F 115' Z N�j �a oa �� a � O � � \ �II / � ` ` � 'C �'� ��v � ,. � . o � •'.1Q 3. ti !� :; e e , � :. • '� •• 0 ♦ • a ° ♦ �. "� � � � �� .�.a� �•• • � �� I�s.i'�"..�--� � �i � � < � p i � 2 m � � I � J�� I � Q � F � N� � � i � p O � ' a �p I J i a I =' ' ° ^ ' �� I i � Y h- I � o v C m J I NP CO � ¢ � I �. 1 e 1 a L' �L ; o c I�I 1 FM I O 1 � � 1 ' � ' �L �� i C � w Z N � � 0 , � � �� l a V- }m " I ' t O � JI � � � Q . I I ' F- w � � ' i i �ti y : � � i � � � � � � .:� �` ��'�� I ^u O c IB;;� a RIVERSIDE° �� \ �� .-- �� ,� � F� �� e � � II � \\�� n. l_�� I �� 8� ��d '; ti-�L9'I� 8 �T � {b�� ;" ,� � \ � a \ �o � � 1 LL � I �, � � I 1 �,. � � i � � ' �� i� � ! �. . _ __. ... � ,�; ,� .� � \ \ \ \ � � �xh�b� '`C" o�-�� OKce of lantl Management (2-98) RECOMMENDED FOR APPROVAL STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION OFFER TO SELL AND MEMORANDUM OF CONDITIONS Supervisor of Direct Purchase APPROVED C.S.: 1902 (13=117) 901 Parcel: 3026 Cou�ty: Dakota Owners and addresses: City of St. Paul, City of St Paul, 25-4th Street- W300 City Hall Annex, St. Paul, Minnesota,55102; For a valuable consideration, on this day of, 2007 , the undersigned owners hereby offer to sell and convey to the State of Minnesota for a total consideration of TweritV-Six Thousand Eiqht Hundred Fortv-Nine and No/100 ths Dollars {$ 26.849.00) an easement in the real estate or an interest therein situated in Qakota County, Minnesota, described in the copy of the instrument of conveyance hereto attached. The undersigned parties have this day executed an instrument for the conveyance of the aforesaid real estate or an interest therein to the State of Minnesota, and have conditionally delivered the same to the State of Minnesota, which instrument shall have no effect until and unless this offer to sell and convey is accepted in writing by the Office of Land Management-of the Minnesota Department of Transportation within 30 days from the date of this offer. Such notice of acceptance shalf be by certified mail directed to the address appearing after our signatures hereto. If this offer is not so accepted within the time limited herein such conveyance shall be of no effect, and said instrument shall forthwith be retumed to the undersigned owners. If this offer is accepted it is mutually agreed by and between the owners and the State as followS: (1) Possession of the real estate shall transfer to the State on the date of acceptance. The owners shall have the right fo continue to occupy the property or to rent same to the present occupants or others until the date of transfer of possession. Any change in occupancy shall be subject to approval and concurrence by the State. On or before the date for transfer or possession the owners will vacate the real estate and the improvements (if any) located thereon, or cause same to be vacated, remove all personal effects therefrom and have all utilities (if any) shut off by the supplier of same. No buildings appurtenances or other non-personal items or fixtures will be removed from the premises by the owners or renters, including plumbing and heating fixtures, etc. The owners shall notify the Department of Transportation as soon as the improvements are vacated. The owners will maintain the improvements during their period of occupancy and will make all necessary repairs at their own expense. The State's prospective bidders for the purchase or demolition of the improvements on the property shall have the right of entry for inspection purposes during the last 10 days of possession by the owners. (2) Titie to said real estate shall pass to the State of Minnesota as of the date of said acceptance subject to conditions hereinafter stated. (3) Buiidings (if any) on said real estate shall tre insured by the owners against loss by fire and windstorm in the amount of present coverage or if none in force then in an amount not less than the current market value during the entire period of the owners' occupancy of the buildings on the real estate, such policy or policies of insurance to be endorsed to show the State's interest. a�-iii�- (4) if the State of Minnesota is acquiring a1f or a major portion of the property, mortgages (rf any) on the property shall be satisfied in full by the State of Minnesota. The amount paid by the State of Minnesota fo satisfy said moRgage(s) shall be deducted from the amount to be paid to the owners underthe terms of this agreement. The amount paid by the State of Minnesota to satisfy the mortgage(s) shall include interest on the mortgage(s) to date that payment is made to the mortgage holder. (5) If the State of Minnesota is acquiring only a minor portion of the property, and the property is encumbered by a mortgage, it shall be the responsibility ofthe owners to furnish a partial release of mortgage. The mortgage holder will be included as a payee along with the owners on the checkdrawninpaymentfortheproperty. Anyfeechargedbythemortgageholderforthepartial release of mortgage must be paid for by the owners. (6) The owners will pay all delinquent (if any) and all current real estate taxes, whether deferred or not, which are a lien against the properiy. Current taxes shall include those payable in the calendar year in which this document is dated. The owners will also pay in full any special assessments, whether deferred or not, which are a lien against the property. The owners' obligation to pay deferred taxes and assessments shall continue after the sale and shall not merge with the delivery and acceptance of the deed. (7) If encumbrances, mechanics liens or other items intervene before the date the instrument of conveyance is presented for recording and same are not satisfied or acknowledged by the owners as to validity and amount and payment thereof auihorized by the owners, said instrument of conveyance shall be returned to the owners. (8) Payment to the owners shall be made in the due course of the State's business afte� payment of taxes, assessments, mortgages and ali other liens or encumbrances against said real estate. The owners will not be required to vacate the property until the owners have received payment. (9) No payments shall be made of any paR of the consideration for said sale until marketable title is found to be in the owners and until said instrument of conveyance has been recorded. (10) The owners hereby acknowledge receipt of a copy of the instrument of conveyance executed by them on this date, and a copy of this offer and memorandum. (11) It is understood that unless othe[v✓ise hereinafter stated the State acquires all appurtenances belonging to the premises including: iVONE. OWNERS CITY OF ST. PAUL Its Its (Address of Owner where acceptance is to be mailed.) City of St. Paul Department of Public Works, Real Estate Division 1000 City Hall Annex 25 West Fourth Street St. Pual, MN 55102 D7 Jf/} DRAINAGE EASEMENT AND TEMPORARYEASEMENT C.S. 1902 (13=117) 901 Parcel 302B County of Dakota For and in consideration of the sum of Twentv-Six Thousand Eiqht Hundred Fortv-Nine and No/100 ths Dollars ($ 26,849.00), City of St. Paul, a municipal corporation under the Iaws of the state of Minnesota, Grantor, hereby conveys and warrants to the State of Minnesota, Grantee, a drainage easement in perpetuity for the construction and maintenance of a drainage system, together with the unrestricted right to improve the same, free and clear of all encumbrances, and a temporary easement on the following described premises in Dakota County, Minnesota: A drainage easement in perpetuity over that part of Tract A described below which lies northwesterly of a line run parallel with and distant 33 feet northwesteriy of Line 1 described below: Tract A. That portion of Government Lot 6 of Section 14, Township 2S North, Range 23 West, Dakota County, Minnesota, being between the right of way of the Union Pacific Railroad Company (formerly the Chicago, Milwaukee, St. Paul & Pacific Railroad) and the center line of Trunk Highway No. 13 as now located and established, and lying northeasterly of a line de'scribed as follows: Beginning at a point on the center line of said Trunk Highway No. 13, 1254.69 feet southwesterly of its intersection with the easterly section line of said Section 14; thence northwesterly at an angle of 90 degrees 00 minutes from said center line to a point on the southeasterly right of-way line of said railroad; Line 1. Commencing at the southeast corner of said Seetion 14; thence norther{y along the east line thereof for 1323.4 feet; thence southwesteriy at an angle of 48 degrees 55 minutes from said east section line (measured from south to west) for 813.2 feet to the point of beginning of Line 1 to be described; thence continue on the last described course for 100 feet and there terminating; containing 0.39 acre, more or less; aiso a right to use the following described strips for highway purposes, which right shall cease on December 1, 2072, or on such earlier date upon which the Commissioner of Transportation determines by formal order that it is no longer needed for highway purposes: A strip 20 feet in width adjoining and northeasterly of the above described strip, which lies between two lines run paraliel with and distant 33 feet and 148 feet northwesterly of said Line 1; A sfrip 20 feet in width ad'}oining and southwester{y of the first above described strip, which lies between hvo lines run parallel with and distant 33 feet and 148 feet northwesteriy of said Line 1; containing 0.11 acre, more or less. Page 1 of 2 . ��-iir�-- Grantor is the owner of the above described premises and has the Iawful right and authority to convey and grant the easements herein granted. Grantee shall have the rigM of ingress to and egress from the hereinbefore described property for the purpose of maintaining and repairing said drainage system. The said Grantor does hereby release the State of Minnesota from any claims for damages to the fair market value of the above-described area covered by the drainage easement and temporary easement and for their use, or any claims for damages to the fair market value of the remaining properiy of Grantor caused by the use of the drainage easement and temporary easement, including grading and removal of materials from said easement area for highway purposes. Notwithstanding the foregoing, Grantor does not release any claims Grantor may have as a result of the negligence of the Grantee, iis agents or contractors, in conducting any of the above activhies. STATE OF MINNESOTA ) )ss. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of , ,by and ,the and of City of St. Paul, a municipal corporation under the Iaws of the state of Minnesota, on behalf of the municipal corporation. NOTARY PUBLIC My cammission expires: This instrument was drafted by the State of Minnesota, Department of Transportation, Metro Right of Way, Roseville, MN 55113 Page 2 of 2 DIVISION OF PARKS AND RECREATION OPERATIONS h � � J // � !/ CITY OF SAINT PAUL Mayor Christopher B. Coleman OPERATIONS: 651-643-3473 PARK PERIeTITS: 651-632-511 I FORESTRY: 651 fi32-5129 Facsimile: 651-632-51L5 1100 Hamline Avenue North Saint Paul, Minnesota 55108 7'CY: 651-266-6378 ww w.ci.s[paul.mn.us/depts/parks MNDOT Lilydale Sewer OutFall Repair Costs OutFall Grey Dogwood (2ft) Hackberry (1.25") Staghorn Sumac (2fr) Princeton Elm (15 gallon Mulch Equipment Rental Area Estended Unit Cost Cost 35 25 15 5 35 $ $ $ $ $ Labor 17.25 $ 603.75 $ 3$0.00 63.85 $ 1,596.25 $ 475.00 5.95 $ 89.25 $ 228.00 129.99 $ 649.95 $ 190.00 15.00 $ 525.00 $ 1,000.00 $ 300.00 Outfall Cost $'',::::3,764;:20; $ 2,273.00 $ 6,037.20 Mu1ch Plants Fencing Treetubes 5 $ 400 $ 500 $ 150 $ 2.00 $ 60.00 $ 1,000.00 0.50 $ 200.00 $ 1,520.00 1.50 $ 850.00 $ 190.00 3.00 $ 450.00 $ 570.00 Staging Area Cost � y1;560�6Q $ 3,280.00 $ 4,840.00 Total Materials Total Labor Cost Cost $ � 5;324 20 $ 5,553 00 Maintenance Watering Fa112007 through Fall 2008 ,$` 2;SO;Q.;00 Site Preparation by Contractor 3;500.00, �. ; Frost rip, 3" - 4" compost (60 - 80 cubic yuds), fmal grading TOTAL Project Cost $ 16,877.20 Drafted 10/18/07; Adam Robbins, Environmental Coordinator (651) 632-2457, adam.robbins@ci.stnauLmn.us CC: Bruce Engelbrekt, Don Varney, Cy Kosel, Jody Martinez r '"""" `` C�PR4 .. H % �'re.��..+^� Si, CAPRA Accred�cation AA-ADA-EEO Employer ,;, _ �� V ui��i,d iiol.i U.�dal At+.ud couo��i F��e a D �1113 Green Sheet # 3 RESOLUTION OF Presented by NT PAUL, MINNESOTA � . 1 WIIEREAS, dverse ac � n was taken against the Cigazette/Tobacco license held by Teclemariam 2 Abraham & Amanuel am, d/b/a A& T Market (License ID #20030003955) for the premises located 3 at 381 Minnesota Street in Saint Paul, by Notice of Violation dated August 2, 2007, alleging licensee sold 4 several individual cigarettes from an opened package to an undercover police officer in violation of Saint 5 Paul Legislative Code §324.07 (a); and 8 9 10 11 12 13 14 15 16 17 18 19 20 WHEREAS, The Department of Safety and Inspections has recommended a$500.00 fine; and WHEREAS, the licensee has not contested the allegations; now, therefore be it RESOLVED that Teclemariam Abraham & Amanuel Abraham, d/b/a A& T Market are hereby ordered to pay a fine of $500.00 for selling individual cigarettes from an opened package to an undercover police officer in violation of Saint Paul Legislative Code §324.07(a). This Resolution,'and action taken above, is based upon facts contained in the August 2, 2007, Notice of Violation sent to the licensee and the arguments made at the Public Hearing on Wednesday, November 21, 2007. Benanav Bostrom Harris Helgen Thune ✓ ✓ � Adopted by Council: Date �� Adoption Certified by C uncil Secretary BY � v Approved a r: Date �� L� (J By: Requested by Depariment o£ B y' ��:sl��.': � H f�� Form Approved by City Attorney By: � c�r�l%�Q�. Form A ove by ayo ubmi ion to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 07-1 !13 SI -DePt of Safery & Inspxtions I 28-qUG-07 CoMact person 8 Phone: Rachel Tiemey 266-8710 Must Be on u cil Agenda (Daf �a-NOV-o� �tl�z�67 N: {� Doc. Type: RESOLUTION E-Document Required: Y Document Contad: Julie Kraus � Assign Number For Routing Ortler ConWct Phone: 266-8776 Total # of Signature Pages ^ (Clip All Locations for Signature) Green Sheet NO: 3043412 0 ept ofSafety & Inspecfions i 1 ept ofSafetv & Inspections Department Direc[or 2 ,City At[ornev i 3 or's Offite Ma or/ASSistant 4 ouncil 5 ' Clerk Ci Clerk Approval of the attached resolufion to take adverse acrion against the Cigazette/Tobacco license held by Teclemariam Abraham & Amanuel Abraham, dlbJa A& T Market (License ID#20030003955) for the premises located at 381 Minnesota Street in Saint Paul. iaanons: Npprove (a) or rt Planning Commission CIB Committee Civil Service Commission 1. Has this persoNfirm everworked under a contract forthis department? Yes No 2. Has ihis personffirm ever been a city employee? Yes No 3. Does this persoNfirm possess a skill not nortnally possessed by any curcent city employee? Yes No F�cplain all yes answers on separate sheet and aHach to green sheet Initiating Problem, Issues, OppoKunity (Who, What, When, Where, Why): Licensee sold individual cigazettes to an undercover police officer in violarion of St. Paul Legislative Code Secrion 324.07 (a). After notification, licensee requested a public hearing. Advantages If Approved: $500 matrix penalty. Disadvantages If Approved: None. Disadvanpges If Not Approved: Trensaction: Funding Source: Financial Information: (Explain) Activity Number: CosURevenue Budgeted: October 23, 2007 3:59 PM Page 1 �,,i' a,� OFFICE OF THE CITY ATTORNEY John Choi, City Attomey D��II l J CZ � O � `�� P ` , �-' CivilDivision Chsistopher B. Coleman, Mayor 400 City Hall TeZephone: 657 266-8710 ISWestKelloggBZvd FacsimzZe:651298-5619 Saint Paul, Mirznesota 55102 �� October 25, 2007 NOTICE OF COUNCII, HEARING Teclemaziam Abraham A & T Mazket 381 Minnesota Street St. Paul, MN 55101 RE: Cigarette/Tobacco license held by Teclemaziam Abraham & Amanuel Abraham, d/b/a A& T Market for the premises located at 381 Minnesota Street in Saint Paul. License ID #: 20030003955 Deaz Mr. Abraham: Please take notice that this matter has been set on the Public Hearing Agenda for the City Council meeting scheduled for Wednesday, November 21, 2007, at 5:30 p.m., in the City Council Chambers, Third Floor, SainY Paul City Hall and Ramsey County Courthouse. Enclosed are copies of the proposed resolution and other documents which will be presented to the City Council for their consideration. This is an uncontested matter concerning the fact that on May 8, 2007, a cashier at your establishment sold several individual cigarettes from an opened package to an undercover police officer in violation of Saint Paul I,egislative Code §324.07 (a). This matter has been placed on the public hearing agenda portion of the City Council meeting during which public discussion is allowed. The recommendation of the licensing office for this violafion is a $500.00 fine. If there is anv informafion vou would like Citv Council to review urior to the public hearing I will need to receive it no later than Tuesdav November 13 2007 Very truly yours, �_ �'��..e 1 �.� Rachel Tiemey Assistant CityAttorney � cc: Christine Rozek, Deputy Director of LIEP/DSI Mary Erickson, Council Secretary, 310 City Hall Teclemariam Abraham, 7818-76th Street South, Cottage Grove, MN 55016 Sheila Lynch, Director, CapitolRiver Council/District #17, 332 Minnesota Street, Suite W122, St. Paul, MN 55101-1314 AA-ADA-EEO Employer UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: A & T Market 381 Minnesota Street p�-l113 Wednesday, November 21, 2007 @ 5:30 p.m. Violation: Licensee sold several individual cigarettes from an opened package to an undercover police officer in violation of Saint Paul Legislative Code §324.07 (a). Dates of Violation: May 8, 2007 Recommendation of Assistant City Attorney on behalf of client, Office of License, Inspections and Environmental Protection: $500.00 Fine Attachments: 1. Proposed resolution 2. Copies of ECLIPS screens 3. Copy of St. Paul Police Original Offense/Incident Report (CN #0'7-084-048) dated 5/8/07 4. Copy of Notice of Violation with Affidavit of Service dated 8/2/07 5. 6. 7. Copy of electronic mail from licensee requesting a public hearing dated 8/8/07 Copy of Saint Paul I.Qgislative Code §310.05 (m) Copy of Saint Paul Legislative Code §324.07 (a) . Licensg'6roup Comments Text ( � Licensee: TECLEMARIAM ABRAHAM & AMANUEL ABRAHAM �BA� A & T MARKET License #: 20030003955 / v�-��3 O6/2'il2007 06/21/2007 To CAO for adverse action. CAR 06l13/2007 RECHECK 2006-Passed tobacco compliance check. PF OS/1'I/2007 passed cig. comp.ck.KS OS/08/2007 CN 07-084048 indicates that establishment is selhng single cigarettes which is a violation of 324A7(a). Mafr� penalty is $500 (3'10.05(m). CAR 02/07/2007 S50.00 rcvd from clerk for cig sales violation. ES '12/29/2006 $200.00 Rcvd for cig sale violation. AMN/ '12/79/2006 Notice of Violation for sale of tobacco to an underage persoa CAR 12/14/2006 To CAO for adverse adion. CAR 1 Z/07/2006 Failed tobacco compliance check. First failure, $200 matrix penalty. CAR 10/25/2005 Have received no objections against the malt off sale license application by notification date per Marcia Moertnond. License approved. cat 09/26/2006 Notifications sent, response date 10/74/2005; 26M and 32EM.gb O5/09/2005 Licensee lost permit, new permit issued. KRD 04/07/2005 Passed tobacco compliance check. RDH 12/29/2004 Passed tobacco compliance check. RDH 0924/2003 Licensee dropped off a Lease agreement. KRD r� - _ _-- -- - - ---- �� .�__ � �� .� � &T �-__ _ __.______�_ __ . _ .. ; ��r�� r 07-1I13 - -- - _ - - � -- � � (` 07� llI 3 � .� _, , �, �$ '.� � ��,�� ; �� _�°° � �� F� sa�« �"' na�,�.aa�< � i she� ryp� �--�" sr a;ecnae �� : ��x¢,a . uar. �""-, ------------.__.------------ �f- PALL ''_._ ..._...'_"_ lkervsBt#auFCmn�tk� ! — fAWTOCAOfoea�YmseecYVJ6.G4R �St6YN: �� LK �101 i11�7REqffGC200EVessC�iaheCfacamP�lce 3 4WrQ . .. ". - p� i i W44Caafe@ 7 1£29WCtiase9�i4,cOmp.ck}4S � __ g ' � � b�-1/l3 � - ----- . _ ___ 1 � � �� .�.��._.___, � �� a — � , _ ; , , _.___�.._�— __�_. , r �� __.. , etdm u�se ca�c��Jomx i sakc o ..� ,..�.,.,.. .... k �� ,:. , i of niad,kras - " _ ' � i � 8oig � � 3�i _ _ _ _ _ 9fS&�°� _ _ __ i . . � Saint Paul Police Department Page 7 of3 SUPPLEMENTAL OFFENSE / INCIDENT REPORT � Complaint Number Reference CN Date and Time of Report 07084048 05/08/2007 15:30:00 Primary o7fense: INVESTIGATE-AND ALL OTHER LIEP COPY Data Privacy Restrictions Apply Minnesota Statute 13.82 Primary Reporting Office� COfl�Oy Michael J Name of locatioNbusiness: Prrmarysquad: 4g2 Location of incident 38� MINNESOTA ST N Secondary reporting officer. ST PAUL, MN 55101 App�over. Flynn, TIm01hy DisVict Central Date & time of o�currence: 05/08/2007 15:00:00 ro Site: 05/08/2007 15:30:00 Anest made: Secondary ofle INVESTIGATE-ASSIGNED TO CRIMES AGAINST PERSON Police OHicerASSau/ted o� Injured: Police OfficerAssisied Suicide: Crime Scene Processed.• OFFENSE DETAILS INVESTIGATE-AND ALL OTHER Attempt Onty: Appears to be Gang Related: INVESTIGATE-ASSIGNED TO CRIMES AGAINST PERSON Attempt On7y: Appears to be Gang Related: NAMES Suspect UNKNOWN-- - -- Nicknames orAliases Nick Name: A/ias: AKA Fhst Name: Details Sex: Phones Home: Work AKA last Name: Race: DOB: Hispanic: Age: from to Contact. Pager. CeIL Fax: Resident Status: Empioymertt Occupation: Employe�: , . --- ( , � Saint Paul Police Department Pa9e 2 of 3 SUPPLEMENTAL OFFENSE / INCIDENT REPORT 07-1/I3 Complaint Number Reference CN 07084048 Primary offense: INVESTIGATE-AND ALL OTHEFt Date and Trme o/ Report LIEP COPY 05/08/2007 15:30:00 Data Privacy Restrictic�ns Appty Minnesota Statute 13.82 ldentiCrcation SSN: license or ID#: License State: Physical Desc�iption US: Metric: Height to Weight to Teeth: OHender fn /or m ation Arrested: DUI: Condition: Build: Skin: Eye Co/or. Pursuit engaged: Resistance encounfered: Taken to health care facility: Hair Length: Facial Hair. Biood Type: Vio/ated Reshaining Order. Medical re/ease obtained: Hair Color. Hair Type: SOLVABILITY FACTORS Suspect can be identified: Photos Taken: Evidence Turried fn: Refated IncidenC BY. Stolen Property Traceable: Property Tur�Yed In: Lab BiologicalAnalysis: Fingerprints 7aken: Narcotic Anatysis: Lab Comments: ltems Fingerpnnted: Participants: Person Type: Name: Address: Phone: Suspect NARRATIVE Sqd #492(Conroy) assisted the Narcotics-Vice Response Team with a narcotics detail. This detail focused on the criminal activity occurring in the area of 5thlMinnesota St. After briefing in the NVRT Office. ! was assigned as the lJnder-Cover Officer. I was wearing a voice- transmitter, which was affixed to my body. Sgt. Anderson gave me $2 in Confidential Funds. He directed me to the Tobacco Shop at 381 Minnesota St. ! went into the store and waited in line at fhe check-out. There was an �nidentified b/m in froni of ine. I saw a�im give the cashier $2. The cashier reached underneath the counter and retrieved a pack of cigarettes. The cashier opened the container and gave the individual several cigarettes from the opened package. � ( Saint Paul Police Department Pa9e 3 of3 SUPPLEMENTAL OFFENSE / INCIDENT REPORT �� Complaint Number Reference CN Date and Time of Report 07084048 Pnmary oflense: INVESTIGATE-AND ALL OTHER LIEP COPY 05/08/2007 15:30:00 Data Privacy Restrictions Apply Minnesota Statute 13.82 When it was my turn at the check-out, I gave the cashier the $2. I asked if 1 could get two cigarettes. He repiied that it is six cigarettes for $2, not two. Then, he reached into the same open pack of cigarettes. He gave me six cigarettes. I asked if he had any matches. The cashier gave me a book of matches. Then, I left the store. The cashier was a middle-eastern male, aprox. 35-40 years, 5-9, medium build. He had shorter, curly, black hair. I returned to a predetermined meeting location and gave the cigarettes and matches to Officer Rhode. See his Supplemental Report. PUBLIC NARRATNE 1 � � OFFICE OF THE CITY ATTORNEY John J Cho� CiryAnomey //13 CITY OF SAII�IT PAUL CiviZDivision CFvisTOpher B. CoTemm; Mayor 400 City Ha11 Telephone: 65I 266-8710 ISWesiKeZloggBlvd Facs"nniTe:65I298-5619 Saint Paul, Mirmesota 55702 i I�Ugi15t 2� 2��7 NOTICE OF VIOLATION Owner/Manager A & T Market 381 Minnesota Street St. Paul, MN 55101 RE: Cigarette/T'obacco license held by Teclemariam Abraham & Amanuel Abraham, d/b/a A& T Market for the premises located at 381 Minnesota Street in Saint Paul License ID No.:20030003955 Dear Sir/Madam: The Deparhnent of Safety and Inspections will recommend adverse action against the Cigarette/Tobacco license held by Teclemariam Abraham & Amanuel Abraham, d/b/a A& T Market for the premises located at 381 Minnesota Street in Saint Paul. The basis for the recommendation is as follows: According to St. Paul Police CN #07-084-048, on May 8, 2007, an undercover police of�cer entered your store and waited in line at the check-out counter. He observed the cashier reach underneath the counter and retrieve a pack of cigarettes. The individual in front of him gave the cashier $2.00 and the cashier opened the container and gave the him several cigarettes from the opened package. When it was his turn at the counter, he gave the cashier $2.00 and asked to purchase two (2) cigarettes. The cashier told him that it was six (6) cigarettes for $2.00. He then gave him the money and received six (6) individual cigareftes and a book of matc$es. This is a violation of Saint Paul Legislative Code §324.07 (a) which states "no person shall sell a cigarette outside its original packaging containing health warnings satisfying the requirements of federaI Iaw. No cigarettes shall be sold in packages of fewer than twenty (20) cigarettes." Therefore, as per Saint Paul Legislative Code §310.05 (m)(2), the licensing office will recommend a matrix penalfy of $500.00. AA-ADA-EEO Employer A & T Mazket r August 2, 2007 Page 2 At this time, you have three options on how to proceed: � D7-I113 You can pay the recommended $500.00 penalty. If this is your choice, please send it to the Department of Safety and Inspections (DSn at 8 Fourth Street East, Suite 200, St. Paul, Miuuesota 55101-1002 no later than Mottday, Augnst 13, 2007. Payment should be directed to tha attention of Christine Rozek. A self-addressed envelope is enclosed for your conveniense. Payment of the penalty wiII be considered a waiver of the hearing to which you aze entifled. 2. If you wisfi to admit the facts but contest the penalty, you may have a public hearing before the Saint Paut City Council, you will need to send me a letter with a statement admitting the facts and requesting a public hearing. We witl need to receive your Ietter by Monday, August 13, 20�7. The matter wit2 then be scheduted before the City Council for a public hearing to determine whether to impose the penatty. You will have an opportunity to appear befare the Couucil and make a statement on your own behalf. 3. If yon dispnte the above facts, you can request a hearing before an Admiuistrative Law Judge. At that hearing both you and the City will be able to appear and present witnesses, evidence and cross-examitte each other's witnesses. The St, Paul City Council will ultimately decide the case. If this is your choice, please advise me no later than Monday, August 13, 2007, and I will take the necessary steps to schedule the administrative hearing. If you have not contacted me by that date, I will assume that you are not contestiug the unposition of the $500 penalty. In that case, the matter will be piaced on the Council's Consent Agenda for approval of the recommended penalty. If you have questions about these options, please feel free to contact me at 266-8710. Sincerely, �� v L/ Rachel Gunderson Assistant City Attomey cc: Christine Rozek, Deputy Directar of DSI Teclernariam Abrahazn, 7818-76th Street South, Cottage Grove, MN 55016 Sheila Lynch, Ditector, CapitolRiver CounciUDistrict #17, 332 Minnesota Street, Suite W122, St. Paul, MN 55101-1314 AA-ADA-EEO Employer STATE OF MINNE30T ` � � ss. COUNTY OF RAMSEY ) Q��'j Julie Kraus, being first duly sworn, deposes and says that on the 2° day of August, she served the attached NOTICE OF VIOLATION by placing a true and conect copy thereof in an envelope addressed as follows: Owner/Manager A & T Market 381 Minnesota Street St. Paul, MN 55101 Teclemariam Abraham 7818-76th Street South, Cottage Crrove, NIN 55016 Sheila Lynch, Director CapitolRiver Council/Dishict #17 332 Minnesota Street, Suite W122 St. Paul, MN 55101-1314 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Miimesota. � � Julie Kraus Subscribed and sworn to before me this 2"' day of August, 2007 ` �� Not �� G �y / � ,, =�'�� AFFIDAVIT OF SI�� JICE BY U.S. MAIL e ; RITA M. BOSSARD NOTARYPUBLIC-MlNAlE507A � MY COMMISSION EXPtftES JAN. 31, 201 0 -^^� :,.�•.,.a Page 1 of 1 ]ulie Kraus - A & T Market 0�--1113 From: Rachel Gunderson To: KraUS, )ulie Date: 8J8/2007 10:48 AM Subject: A &T Market )ulie: I just spoke with the owner of the A& T Market who came into the office to talk about the proposed adverse action. He explained that he does not contest the allegations but would like a hearing before the Council to contest the fine. Can you please schedule this for the next available Counci( date after I return from my vacation. Thank you, Rachel Gunderson fi1e://C:\Documents and Settings�kraus\Local Settings\Temp�grpwise\46B99F67maildpo... 8/8/2007 Chapter 310. Uniform Licen�e_Procedures � Page 1 of 1 b"J—Ul3 (m) Presumptive penalties for certain violations. The purpose of this section is to establish a standard by which the city council determines the amount of fines, the length of license suspensions and the propriety of revocations, and shall apply to all license types, except that in the case of a violation involving a liquor i+certse § 409.26 sfiall apply where a specific violation is listed. These penalties are presamed to be appropriate for every case; however the council may deviate therefrom in an individual case where the council finds and determines tfiat there exist substantial and compelling reasons making it more appropriate to do so. When deviating from these standards, the council shall provide written reasons that specify why the pe�alty selected was more appropriate. Type of Vio(ation Appearance (1) Violations of conditions placed on the license (2) Viofation of provisions of the legistative code relating to the licensed activity (3) Failure to permit entrance or inspection 6y LIEP inspector or police (4) Commission of a crime other than a felony on the premises by a licensee or employee (S) Commission of a ielony on Yhe premises by a licensee or employee (6) Death or great bodily harm in establishment related to viotation of iaw or ticense conditions (7) Failure to pay license fees Sst 2nd $500.00 fine $1,000.00 fine $500.00 fine $1,000.00 fine 5-day 10-day suspensiort suspensiort $700.00 $1,500.00 $2,000.00 Revocation 30-day 60-day suspension suspension Revocation 3rd 4th $2,000.00 fine and 10- RevoCati day suspension $2,000.00 fine and iQ- Revocatl day suspension 15-day suspension Revocati 5-day suspension n/a Revocation Revocati n/a n/a {i) Fines paya6le without hearing. Notwithstanding the provisions of section 310.05 http://www.sipaul.gov/code/1c310.htm1 7/12/2007 Chapter 324. Tobacco Page 2 of 3 � r �. Sec. 324.04, Fee and duration. b"?�!(13 The annual Iicense fee for each location of sale or each tobacco vending machine shall be established by ordinance as specified in section 310.09(b) of the Legislative Code. 7he license shall expire one (1) year from the date of issuance during eacfi ca(endar year. The annual license fee shall be prorated for licenses in force less than a futl year. (Code 1956, § 336.03; Ord. No. 17386, § 1, H-19-86; C.F. No. 92-1930, § 1, 1-14-93; C.F. No. 94-341, § 4, 4-13-94; C.F. No. 95-1271, § 1, 11-8-95; C.F. No. 97-314, § 1, 4-20-97) Sec. 324.05. Application. In addition to any other information required by the director, the applicant shall staYe the true name of the applicant, the name under which he or she shall condud his or her business, whether such business is that of an individual, sole trader, firm, partnership, or corporation, and the address where such business is to be conducted. Any person applying for more than one (1) Iicense shall file with the Office of License, Inspections and Environmental Protection (LiEP) a list of all locations of sale and/or the location of each vending machine for which license applications are being filed. Any change in the Iocation of the place of sale shall be reported to the director within five (5} days of said change. (Code 1956, § 336.04; C.F. No. 94-341, § 5, 4-13-94; C.F. No. 97-314, § 1, 4-20-97) Sec, 324.05. License to be displayed. The ticense shall be disptayed by the licensee in a prominent and conspicuous place at the location of the totracco vending machine to be licensed. In the case of a tebacco vending machine, the operator shall also affix his or her name, address and telephone number in a conspicuous place on each machine. (Code 1956, § 336.06; C.F. No. 94-341, § 6, 4-13-94; C.F. No. 97-314, § 1, 4-20-97) Sec. 324.07. Sales prohibited. (a) No person shall sell a cigarette outside its original packaging containing health wamings satisfying the requirements of federal law. No cigarettes shall be sold in packages of fewer than twenty (20) cigarettes. (b) No person shal! sel! or dispense cigarette paper or cigarette wrappers from a vending machine or a motor vehicle. No person shal� sell or dispense tobacco from a motor vehicle. (c) No person shalt activate the remote control or provide tokens for a tobacco vendtng machine or sell tobacco to anyone under the age of eighteen (18). (d} Any viotation of this chapter shall subject the ficensee to provisions of section 310 and section 324.10 of the Saint Paul Legislative Code. {Code 1956, § 336.07; Ord. No. 17714, § 1, Z-ZO-90; C.F. No. 94-341, § 7, 4-13-94; C.F. No. 97-314, § 1, 4-20-97; C.F. No. 06-872, § Y, i0-11-06) Sec. 324.08. Distribution of Pree tobacco products prohibited. No person in Yhe business of sefling or promoYing tobacco products or agenT or employee ot such person shall distribute tobacco products free to any person on the sidewalks, pedestrian concourses, pedestrian malls or pedestrian skyway systems within the City of Saint Paul. (Code 1956, § 336.08; Ord. No. 17714, § 2 2-20-90; C.F. No, 92-1930, § 2, 1-24-93; C.F. No. 94-341, § 8, 4-13-94; C.F. No. 97-314, § 1, 4-20-97) Sec, 324.09. Use of false identification by minors prohibited, No person under the age of eighteen (18) years shall purchase tobacco or tobacco-related devices, as those terms are defined by Minnesota Statutes, Section 609.685, subdivisions 1(a) and 1(b), using a driver's license, a Minnesota identification card, or other form of identification wfiich is false, fictitious, a(tered or counterfeited as to age or any other material fact of identificatlon. (Ord. No. 17733, § 1, 5-8-90; C.F. No. 94-341, § 9, 4-13-94; C.F. No. 97-314, § 1, 4-20-97) Sec. 324.10. Use of tobacco prohibited. No person under the age of eighteen (18) years shall purchase, use or possess tobacco or tobacco-related devices, as those terms are defined by Minnesota Statutes, Section 609.685, subdivisions 1(a) and 1(b). (Ord. No. 17733, § 2, 5-8-90; C.F. No. 44-341, § 10, 4d3-94; C.F. No, 97-314, § 1, 4-20-97) 5ec. 324.11. Pres�mptive penalties. (a) Purpose. The purpose of this section is to establish a standard by which the city council determines the amount of fines, length of license suspensions and the propriety of revocations. These penalties are presumed to be appropriate for every case; however, the council may deviate therefrom in an individual case where the council flnds and determines that there exist substantial and compelling reasons which make it appropriate to do so. When deviating from these standards, the council shall provide written reasons that specify why the penalty selected was more appropriate. http://www.stpaul.gov/code/1c324.htm1 7/12/2007 Council File # d�— �� Green Sheet # ��-{�{ j,�'j�j RESOLUTION MINNESOTA �� I WHEREAS, Department of Safety and Inspections has requested the City Council to 2 hold public hearings to consider the advisability and necessity of ordering the repair or wrecking 3 and removal of a two-story, brick, single family dwelling and two (2) garages on west side of lot 4 located on property hereinafter referred to as the "Subject Property" and commonly known as 5 1237 JACKSON STREET. This property is legally described as follows, to wit: 6 7 SOO LINE PLAT NUMBER 3 LOT 9 BLK 1 OF PARKER & BAILEY'S OUTLOTS& SUBJ 8 TO AVE; LOT 6 BLK 1 OF DAWSON'S FOURTH ADD & IN SD SOO LINE PLAT NO 3 9 SUBJ TO AVE & EX E 26 FT & EX PART N OF EXT N L OF LOT D; LOTS C, D, E& F 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ?4 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Department of Safety and Inspections on or before March 31, 2007, the following are the now known interested or responsible parties for the Subject Property: B Bros St Paul Prop LLP, Attn: Richard Sherman , 2855 Eagandale Blvd., Eagan, MN 55121; David Sanduik, 1380 Corporate Center Curve, Eagan, MN 55121; District 6 Planning Council, d istrict6(a�qwestoffice. net WHEREAS, Department of Safety and Inspections has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an "Order to Abate Nuisance Building(s)" dated July 23, 2007; and WHEREAS, this order informed the then known interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parCies that they must repair or demolish the structure located on the Subject Property by August 22, 2007; and WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance conditioo; subject to demolition; and WHEREAS, this nuisance condition has not been corrected and Department of Safety and Inspections requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 oPthe Saint Paul Legislative 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, October 23, 2007 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested or responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by demolishing and removing the structure in accordance with all applicable codes and ordinances. The o�-i ii � 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 demolition of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WHEREAS, a heazing was held before the Saint Paul City Council on Wednesday, November 21, 2007 and the testimony and evidence including the action taken by the Legislative Hearing Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order conceming the Subject Property at 1237 JACKSON STREET. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. That the costs of demolition and removal of this building(s) is estimated to exceed five thousand dollars ($5,000.00). 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 building(s). That the deficiencies causing this nuisance condition have not been corrected. That Department of Safety and Inspections 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 Department of Safety and Inspections, Vacant/Nuisance Buildings. That the lrnown interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have been fulfilled. �•� • The Saint Paul City Council hereby makes the following order: 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 demolishing and removing the structure in accordance with all applicable codes and ordinances. The demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. ��-iii� 91 92 93 94 95 96 97 98 99 ]00 101 102 103 104 2. If the above corrective action is not completed within this period of time Department of Safety and Inspections is hereby authorized to take whatever steps are necessary to demolish and remove this structure, fill the site and chazge the costs incurred against the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. 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 property by the responsible parties by the end of this time period. If all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. It is fiu ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code Yeas � Nays � Absent � Requested by Department of: ✓ Benanav Bostrom Thune ✓ Adopted by Council: Date �� Adoption Certified by Counc' Secretary BY —_—/L11•1 f � Approved v,POI'a or: Date ��/L7�p7 7 � By: Safety and Inspections Code Enforoement / Vacant Buildings By: Form Approved by City Attorney By: Form Approved by Mayor for Submission to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet 6reen Sheet � O� �� // V �' - Dept of Safety & Inspecvons ConWCt Person 8 Phone: Bob Kessler 266-9013 Mus[ 6e on 21-NOV-07 Doa Type: PUBIIC HEARING (RESOLUI E-Document Required: Y Document Contact: Mazine Linston CotAact Phone: 2661938 2S-SEP-07 � Assign Number For Routing Ord¢r 7otal # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3044555 0 1 2 3 4 5 Dept of Saferi & Insnections i Ctity Attornev I I avor's Office Mavar/ASSistaut ouncil 'h Clerk City Clerk i City Council to pass this resolu[ion which will order the owner(s) to remove the referenced building(s). If the owner fails to comply with the resolutioq Neighborhood Housing & Property Improvement is ordered to remove the building. The subject property is located at 1237 Jackson Street. Planning Commission 1. Has this persoNfirm ever worked under a contred for this department? CIB Committee Yes No Civil Service Commission 2. Has this person�rm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee� . - Yes No Explain aN yes answers on separate sheet and aUach to green sheM Initiating Rroblem, Issues, Opportunity (Who, What, When, Where, Why): This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saint Paul Legislarive Code. The owners, interested parties and responsible parties known to the Enfomement Officer were given an order to repair or remove the building at 1237 Jackson Street by August 22, 2007, and have failed to comply with those orders. Advantages If Approved: The Ciry will eliminate a nuisance. DisadvanWges If Approved: ' ' The City wili spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the properly tases. Disadvantages If Not Approved: A nuisance condirion will remain unaba[ed in the Ciry. This building(s) wIll con[inue to blight the community. 7ransaction: $�2.000.00 CostlRevenueBudgeted: y Funding Source: Nuisance HOUSing Abatement Activity Number. 30251 Financiai Information: (Explain) .v. �"�'�*,�,��? �`'i.,.�t i � � �.Y � � �� October 29, 2007 227 PM Page 1 DEPARTMENT OF SAFETY AND INSPEC CIONS Dcck Lippert, Manager of Code Enforcemen[ CITY OF SAII�rT PAUL Nuisance Building Enforcement Chrestopher B. Colernan, Mayor 1600 YPhite Bear Ave N Saint Paul, �55106 September 28 2007 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council 0�- /lllo Tel: (651) 266-1900 Fcr.:: 1651j 266-1926 Departrnent of Safety and Inspections, Vacant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 1237 JACKSON ST The City Council has scheduled the date of these hearings as follows: Legislaflve Hearing — Tuesday, October 23, 2007 City Council Hearing — Wednesday, November 21, 2007 The owners and responsible parties of record are: Name and Last Known Address B Bros St Paul Prop Llp 2855 Eagandale Blvd Eagan MN 55121-1202 David Sanduik 1380 Corporate Center Curve Eagan, MN 55121 District 6 Planning Council district6C�a qwestoffice.net Interest Fee Owner Interested Party District Council AA-ADA-EEO Employer 1237 Jackson Street September 28, 2007 Page 2 The legal description of this property is: ��' ��(Y SOO LLNE PLAT NliMBER 3 LOT 9 BLK 1 OF PARKER & BAILEY'S OtiTLOTS& SUBJ TO AVE; LOT 6 BLK 1 OF DAWSOI� FOtiRTH ADD & IN SD SOO LINE PLAT NO 3 SUBJ TO AVE & EX E 26 FT & EX PART N OF EXT iV L OF LOT D; LOTS C, D, E& F The Department of Safety and Inspections has declazed this building(s) to constitute a "nuisance" as defined by Legislative Code, Chapter 45. The Department of Safety and Inspections 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). The property was re-inspected on August 22, 2007. There was no compliance and the nuisance condition remains unabated, the community continues to suffer the blighting influence of this property. It is the recommendation of the Deparhnent of Safety and Inspections that the City Council pass a resolution ordering the responsible parties to either repair, or demolish and remove this building in a timely manner, and failing that, authorize the Department of Safety and Inspections to proceed to demolition and removal, and to assess tl�e costs incurred against the real estate as a special assessment to be collected an the same manner as taxes. Sincerely, Steve Magner Steve Ma�er Vacant Buildings Manager Deparhnent of Safety and Inspections SM:ml cc: Judy Hanson, City Attorneys Office Mary Erickson, Assistant Secretary to the Council Cindy Carlson, PED-Housing Division Stacey Millett, Invest St. Paul District Council — Community Organizer pubhmg60183 O6/07 d �—I lllo SUMMARY FOR PUBLIC AEARING 1237 Jackson Street Legislative Hearing — Tuesday, October 23, 2007 City Council — Wednesday, November 21, 2007 The building is a two-story, brick, single family dwelling with a detached two stall gazage on a lot of 52,272 squaze feet. According to our files, it has been a vacant building since December 29, 2000. The current property owner is B Bros St. Paul Properties, LLP, per AMANDA and Ramsey County property records. There have been seventeen (17) SUMMARY ABATEMENT NOTICES since 2000. There have been four (4) WORK ORDERS issued for: - Removal of improperly stored refuse On June 29, 2007, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed and photographs were taken. An ORDER TO ABATE A NLTISANCE BUILDING was posted on July 23, 2007 with a compliance date of August 22, 2007. As of this date this property remains in a condition which comprises a nuisance as defined by the legislative code. The Vacant Building registration fees are delinquent in the amount of $250.00. Taxation has placed an estimated market value of $242,200 on the land and $5,000 on the building. As of October 22, 2007 a Code Compliance inspection has not been completed. As of October 22, 2007, the $5,000.00 performance bond has not been posted. Real Estate taYes are current. Code Enforcement Officers estimate the cost to repair this structure is $60,000 to $70,000. The estiniated cost to Demolish is $10,000 to $12,000. NFIPI, Division of Code Enforcement Resolution submitted far consideration orders the property owner to repair or remove this shucture within fifteen (15) days, if not the resolution authorizes the Division of Code Enforcement to demolish and assess the costs to the property. ?'ax & Properiy Characteristic Information - Shucture Description Home Siie thap Page 1 oY 2 D�-llll� CaataciUs Tax & Property Characteristic Information - Structure Description RRInfo Nome � � Tips Info � � Propertv Search � � Record Document � � Contact Us New Property Search Back to Search Resu{ts Quick,I_nfo Pro�erty_ Snformation Taxpayer Name_and Address Value Information Value Historv Structure Description Sale Tnformation S�eciai Assessmenis Pro�ertv Tax Payment Information Pro�ertv Tax_Payment Nistory > Structure Description Property Identification 19.29.22.34.0044 Number (PIN) Property Address 1237]ackson St St. Paul 55117-4521 Residential Property: Year Built 1905 # of Stories 1.50 Style One And 3/4 Story Euterior Wall Brick Sotal Rooms 8 Total Family Rooms 0 Total Bedrooms 4 Full Baths 2 Half Baths 0 Attic Type Finished SQ Feet 2321 Poundation Size 1388 Basement Area Finished Finished Rec Area Current Pro�erty Tax StatementNalue Notice 20Q6 Pronerty Tax StatementlVal Notice 2005 Prooert��ax StatemenJValue Notice 2004 Pro�ertX Tax Statement/Value Notice Garage Type Area (sq.ft.} Parcel Size 1.20 Acres Parcel Width 193.00 Feet Parcel Depth 271.00 Feet Land Use Code 520 Land Use Description R- Two Family Dwelling, Pfatted Lot http:/lrrinfo.co.ramsey.mn.us/public/characteristic/Parcel.pasp?scrn-Dwelling&pin=1929... 10/22/2007 DEPARTMENT OF SAFETY AND INSPECTIONS Dzck Lippest, Manager of Code Enforcement CIT`Y OF SAIl�T PAUL Christopher Coleman, Mayor July 23, 2007 1600 Whtte Bear Ave N Saint Paul, MT7 55106 Nuisance Bv.ilding Enforcement v�- I lI lv Tel. (651) 266-1900 Fax. (651J 266-1926 B Bros St Paul Prop Llp David Sanduik 2855 Eagandale Blvd 1380 Corporate Center Curve Bagan MN 55121-1202 Eagan, NfI3 55121 Attn: Ricahrd Sherman Order to Abate Nuisance Building(s) Dear : Sir or Madam The Vacant/Nuisance Buildings Unit, Department of the Department of Safety and Inspections, Division of Code Enforcement, hereby declares the premises located at: 1237 JACKSON ST and legally described as follows, to wit: SOO L1NE PLAT NUMBER 3 LOT 9 BLK 1 OF PARKER & BAILBY'S OUTLOTS& SUBJ TO AVE; LOT 6 BLK 1 OF DAWSON'S FOURTH ADD & IN SD SOO LINE PLAT NO 3 SUBJ TO AVE & EX E 26 FT & EX PART N OF EXT N L OF LOT D; LOTS C, D, E& F to comprise a nuisance condition in violation of the Saint Paul Legislative Code, Chapter 45.02, and subject to demolition under authority of Chapter 45.11. On June 29, 2007, a Building Deficiency Inspection Report was compiled and the following conditions were observed. This list of deficiencies is not necessarily all the deficiencies present at this time. As first remedial action, a Code Compliance Inspection must be obtained from the Building Inspection and Design Section, 8 Fourth Street East, 5uite 200, Commerce Building (651)266-9090. That inspection will identify specific defects, necessary repairs and legal requirements to correct this nuisance condition. You may also be required to post a five thousand dollar {$5,000.00) performance bond with the Building Inspection and Design Office before any permits are issued, except for a demolition permit. AA-ADA-EEO Employer July 23 1237 7ACKSON ST page 2 D�-llllv This building(s) is subject to the restrictions o£ Saint Paul Ordinance Chapter 33.03 and shall not again be used for occupancy until such time as a Certificafe of Compliance ar a Certificate of Occupancy has been issued. This is a two-story, wood frame, brick exterior, sin�le family dwelling with two garages on west side of lot. Exterior 1. The exterior walls of the house and/or garage are defective. Repair all holes, breaks, loose or rotting siding, to a professional state of maintenance. 2. The roof is deteriorated, defective, or in a state of disrepair. Repair or replace the roof covering to a sound, tight and water impervious condition. Permit may be required. 3. The windows and/or storm windows are in a state of disrepair. Replace all missing or broken window glass. Make all necessary repairs to frames, sashes, hardware and associated him in a professional manner. Permit may be required. 4. The eaves and soffits are in a state of disrepair or deterioration. Repair all defects, holes, breaks, loose or rotting boards, to a professional state of maintenance. Permit may be required. 5. The foundation is deteriorated, defective or in a state of disrepair. Repair all foundarion defects in a professional manner to a weather-tight, water-tight and rodent-proof condition. Permit may be required. 6. The window and/or door screens are missing, defective or in a state of disrepair. Provide proper window and door screens far all openable windows and doors. Screens must be tight-fitting and securely fastened to the frames. Interior The bathroom floor covering is deteriorated or inadequate. Provide floor covering which is impervious to water and easily cleanable throughout the bathroom and seal around the edges and fixtures. 8. FURNACE: Have a licensed heating contractor service and clean the furnace or boiler and make any necessary repairs. Perform a GO test on the heating plant. Then, send the attached form back to the Inspectar. Repair of gas fired appliances requires a permit. July 23, 2007 12;7 JACKSON ST page 3 D7�lil� 9. The interior walls aze defective. Repair all wall defects and fuush in a professional manner. 10. The interior ceilin�s are defective. Repair all ceiling defects and finish in a professional manner. 11. The stairs have missing or defective handrails. Provide all interior and exterior stairways and steps of more that three (3) risers with handrails which are grippable and installed 34" to 38" above the nose of the stair treads. 12. SATIITATION: Immediately remove improperly stored or accumulated refuse including; gazbage, rubbish, junk, vehicle parts, wood, metal, recycling materials, household items, building materials, rubble, tires, etc., from the interior. 13. Smoke Detector: Lack of properly installed and operable smoke detector. Provide functioning smoke detectors in accordance with the attached requirement, within 24 hours. 14. Lack of basic facilities, Electric and/or gas service shut off. 15. Improper venting of gas fired applzances. 16. Evidence of impxoper wiring. Have a licensed electrical contractor make repairs. As owner, agent or responsible party, you are hereby notified that if these deficiencies and the resulting nuisance condition is not corrected by August 22, 2007 the Depariment of Safety and Inspections, Division of Code Enforcement, will begin a substantial abatement process to demolish and remove the building(s). The costs of this action, including administrative costs and demolirion costs will be assessed against the property taxes as a special assessment in accordance with law. As first remedial action, a Code Compliance Inspection Report must be obtained from the Building Inspection and Design Section, 8 Fourth Street, Suite #200, Commerce Building, (651)266-9090. This inspecrion will identify specific defects, necessary repairs and legal requirements to correct this nuisance condition. As an owner or responsible party, you are required by law to provide full and complete discloswe of this "Order to Abate° to all interested parties, all present or subsequent renters and any subsequent owners. If you sell, transfer, or convey in any manner, the ownership or responsibility far this property, you must within seven (7) days, notify the Enforcement Officer with the names and addresses of any new owners or responsible parties. July 23, 2007 1237 JACKSON ST page 4 �� / � The Enforcement Officer is required by law to post a placard on this property which declares it to be a"nuisance condition", subject to demolition and removal by the City. This placard shall not be removed without the written authonty of the Departrnent of Safety and Inspections, Division of Code Enforcement. The deparhnent is further required to file a copy of this "Order to Abate" with the City Clerk's Office. If corrective action is not taken within the time specified in this order, the Enforcement Officer will notify the City Council that abatement action is necessary. The City Clerk wili then schedule dates for Public Hearings before the City Council at which rime testimony will be heard from interested parties. After this hearing the City Council will adopt a resolution stating what action if any, it deems appropriate. If the resolution calls for abatement action the Council may either order the City to take the abatement action or fix a time within which this nuisance must be abated in accordance with the provisions of Chapter 33 of the Saint Paul Legislative Code and provide that if corrective action is not taken within the specified time, the City shall abate this nuisance. The costs of this action, including administrative costs witl be assessed against the property as a special assessment in accordance with law. If you have any questions or request additional information please contact Joe Yannarelly between the hours of 8:00 and 930 a.m. at 651-266-1920, or you may leave a voice mail message. Sincerely, Steve Magner Vacant Buildings Program Manager Division of Code Enforcement ca Mary Erickson - Council Research Cindy Carlson - PED Housing Amy Spong — Heritage Preservation ota60135 6/07 H � z 0 x U d •� r M N ti � n 0 0 N M N i� d � +.�+ U 0 � � m d � Lr b0 � � N � .� .� a �� o � � U�-ll/lo � � N N I E'� a C O I � � I � 4 I .r � Z � I � T% C i F:i O az�� oo�a ya� � o 0 0 0 0 0 p�� a@3..' od3.��'. 0�3� � � � F o 0 0 0 0 0 a w A oy� � W U W a�a o '�" z � � N V� W � � a� � F- F � � � ��a d` L .,�.� L� n r N � O � ^� �� (� N N -/ VJ Q� � � O a F a� � � q C � U � ~ � � � w W ° v f3� � U N.�. � W w � a� � .� �+ '� `o F" r/� � � �y h � � in � � � F a � � � � � � z � � � N a+ � � o °n � � �v � � a� �o �p�., �o�`� O -oU a� � � .� oco S�n y � ` Qa y� � y �� c� Q °i O in O 0. dc� W � �1�UWC (�U=o bA C .� '�. � T U � � � � ° o ' Date: June29,2007 Q��`�� F�le #: Ol - 225034 Folder Name: 1237 JACKSON ST PIN: 192922340044 Date: June 29, 2007 Q�� File #: Ol - 225034 Tolder Name: 1237 JACKSON ST PIN: 192922340044 Date: June 29, 2007 File #: Ol - 225034 Folder Name: 1237 3ACKSON ST p7-/lllo PIN: 192922340044 Date: June 29, 2007 �� l w File #: Ol - 225034 Folder Name: 1237 JACKSON ST PIN: 192922340044 Date: June 29, 2007 Q � File #: Ol - 225034 Folder Name: 1237 JACKSON ST PIN: 192922340044 Date: June 29, 2007 6/�� File #: Ol - 225034 Folder Name: 1237 JACKSON ST PIN: 192922340044 Date: June 29, 2007 (� / � ��/ �f' Itile #: Ol - 225034 Folder Name: 1237 JACKSON ST PIN: 192922340044 Date: June 29, 2007 �� / Il � File #: Ol - 225034 Folder Name: 1237 JACKSON ST PIN: 192922340044 Date: June 29, 2007 �"7��/�� File #: Ol - 225034 Folder Name: 1237 JACKSON ST PIN: 192922340044 Date: June 29, 2007 �� Q File #: Ol - 225034 Folder Name: 1237 JACK50N ST PIN: 192922340044 Date: June 29, 2007 D�� File #: Ol - 225034 Folder Name: 1237 JACKSON ST PIN: 192922340044 Date: June 29, 2007 6�-'�� File #: Ol - 225034 Folder Name: 1237 JACKSON ST PIN: 192922340044 Date: June 29, 2007 File #: Ol - 225034 Folder Name: 1237 JACKSON ST Q'I-llllo PIN: 192922340044 Date: June 29, 2007 File #: Ol - 225034 Folder Name: 1237 JACI{SON ST 07�/(�� PIN: 192922340044 Date: June 29, 2007 Q� �1 � File #: Ol - 225034 Folder Name: 1237 JACKSON ST PIN: 192922340044 Date: June 29, 2007 �� ,// r/„ File #: Ol - 225034 t � �� Folder Name: 1237 JACKSON ST PIN: 192922340044 October 23, 2007 Legislative Hearing Minutes 6� ✓ "r � Page 4 3. Ordering the owner to remove or repair the building(s) at 1237 Jackson Street within fifteen (15) days from adoption ofresolution. Mr. Magner stated the building was a two-story, brick, single-family dwelling with a detached two- stall garage on a lot of 52,272 squaze feet and had been vacant since Aecember 29, 2000. A code compliance inspection had not been done, the vacant building registration fees were delinquent in the amount of $250, and the $5,000 performance bond had not been posted. On June 29, 2007, an inspection of the building was done and a list of deficiencies which constitute a nuisance condition was developed. An order to abate a nuisance building was posted on July 23, 2007 with a compliance date of August 22, 2007. To date, the property remained in a condition which comprised a nuasance as defined by the Legislative Code. Ramsey County Tasation estimated the mazket value of the land to be approximately $242,200 and the building to be $5,000. Real estate t�es were current. Code Enforcement estunates the cost to repau the building to exceed $60,000 to $70,000. The cost for demolition was estimated to be approximately $10,000 to $12,000. There had also been 17 smninary abatements issued to this property, four of which went to work order: remove improperly stored refuse. Code Enforcement recommends the building be repaired or removed within 15 days. Mr. Magner stated that he had talked with one of the owners who indicated their desire to have the building removed. There were some concerns from the neighbors who apparently then contacted their Councilmember and he had not received any fiirther feedback. Mr. Magner presented pAotographs of the property. David Sandvik appeared on behalf of B Bros. St. Paul Properties, LLB, property owners. Mr. Sandvik stated that he believed the property would be worth more with the building removed. He stated that he was not aware of the delinquent vacant building fees and would look into paying those. It was his desire to develop the property; however, there were some economic risk as it was next to a wreckage yard and the railroad. The neighbors requested that they consider building townhomes or senior living cottages. If he could get some assurances that they would be able to sell them, they would move forward with the development. They did have the desire to demolish the building and were requesting additional time. They consistently encountered dumping on the property which he believed would likely increase with the building gone. He had a letter with signatures from the neighbors indicating that they were good neighbors and requesting that they make the property into a park. Mr. Magner asked whether B Bros. had purchased the property from Fox. Mr. Sandvik responded that B Bros. owned Fox. Mr. Magner stated that in approximately 2000, someone representing Fox indicated that they wanted to raze the building. Mr. Sandvik stated that he believed the property was purchased to build a storage facility; however, because the zoning was residential, they were prevented from doing so. Mr. Magner stated he believed that neighbors did not desire to have expanded commercial buildings on the site. Mr. Sandvik stated that the owners were receptive to building low-income housing on the site as the economic risk would be lessened. The neighbors, however, were not excited with the idea and encouraged senior living cottages. Mr. Magner asked Mr. Sandvik whether he had any conversations with anyone in PED. Mr. Sandvik stated that he had not. Mr. Magner suggested he contact PED as they had recenfly done a senior-living development on Payne Avenue and could offer him some advice. Ms. Moermond stated that she would recommend to the City Council that this building be removed. The Deparhnent was recommending 15 days which would mean the building would be demolished at the end of the year unless asbestos was found. October 23, 2007 Legislative Hearing MinuYes �� Page S Mr. Magner stated that if the City were to demolish the building, they would use the contractor who presented the lowest bid. If the survey came back that there was asbestos in the shucture or accessory structure, there wotzld be an addendum to the bid He explained that if the City contrac�ed to have the building demolished, there would be approxunately four to eight-months interest free on the cost of the assessment against the property. Mr. Magner suggested Mr. Sandvik provide him with his contact information and he would faac him the bid infoanation that he received on the property. Ms. Moermond recommended the building be removed within 15 days with no option for repair.