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08-1160Coancil File # C�—�/(q� Green Sheet # 3060356 RESOLUTION CITY OF SAINT PA1dL, M{NNESOTA Presented by ll� 1 BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative 2 hearing record and testimony heazd at public hearing on October 1, 2008 hereby memorializes its decision 3 to certify and approve the September 16, 2008 decision of the I,egislative Hearing Officer for the following 4 address: 5 6 ADARESS APELLANT 7 8 1635 St. Anthonv Avenue 4RM + ULA, LLP c!o Erick Goodlow 9 10 Decision: Appeal denied and extension granted to October 1, 3008 to remove the brush pile. Carter Bostrom Hattis Requested by Deparhnent of: ✓ ✓ � Form Approved by City Attorney By: Adopted by Council: Date Adoption Certified by Council Secretary By: Approved b o�. Date �� L�p � By: Form Approved by Mayor for Submission to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sh et � // Departmenll6{ficelCouncil: Date Initiated: co -�°°°G� o2-o�T-o8 Green Sheet NO: 3050356 Contact Person 8 Phone- Deoartment Sent To Person InitiaUDate Marcia Moermond y o ouoca 0 6-8570 1 oonc0 De artmeniDirector ASSign Z ' Clerk Ci Clerk Must Be on Councif Agenda by (Date): Number 3 0 Por � Routing 4 poc. Type: �SOLUTION Order 5 0 E-DocumentRequired: Y DocumentContact: MaiVang Contact Phone: 6-5563 Totai # of Signature Pages _(Clip Ail Locations for Signature) Action Requested: Resolution memorializing City Council action taken October 1, 2008 denying the appeal and granpng an extension to October 1 to remove the brush pile for property at 1635 St. Anthony Avenue, per the recommendation of [he Legislative Hearing O�cer. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Foilowing Questions: Planning Commission 1. Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever Deen a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain aq yes answers on separate sheet and attach to green sheet. Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why): Advantages if Approved: Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Trsnsaction: CostlRevenue Budgeted: Funding Source: Activity Num6er: Financial information: (Explain) October 2, 2008 4:08 PM Page 7 tTY O R v O �� uu��IuN ..,. September 9 2008 4RM + ULA, LLP Erick Goodiow 636 Aurora Ave. St. Paui. MN 55104 RE: 1635 St. Anthony Dear Mr. Goodlow: CITY OF SAINT PAUL CTTY CLERK'S OFFIC� �-ll�a Your appfication for an appeal has been received and processed. This letter is to confirm my telephone call to you with the date and time of the hearing. Please attend the public hearing before the Legislative Hearing Officer on Tuesday September 16 2008 at 11:30 a.m. in Room 330 City Ha{� and Courthouse to consider your appea� concerning the above referenced property. At that time the Legislative Hearing Officer will hear all parCies relative to this action. Fai4ure to appear at the hearing may result in deniai of your appeal. Sinc rely, Shari Moore �� City Clerk cc: Kefly Booker, DSl Code Enforcement Inspector John Betz, DSI Code Enforcement Supervisor Marcia Moermond, Legislative Hearing Officer Jerry Hendrickson, Deputy City Attorney 15 4YEST KELLOGG BOULEVARD, SUITE 310 SAINT PALR, MINNESOTA55102 Tel: 651-2668688 Fa<: 651-2668574 www.5tpaul.gOv AA-ADA-EEO fimployer APPLICATION FOR APPEAL Saint Paul City Clerk 15 W. Kellogg Blvd., 310 City Hall Saint Paul, Minnesota 55102 Telephone:(651)266-8688 1. Address of Property being Appealed: 0 � �e? � �i. �nkYi.�n � . 4. Name of Owner: �R-� '� l�'�—�' �� `��fL� Address: �c�2 �/tv^� ��- City. 5-E,P��� State: �� Zip: �s� Phone Number� usipess 7 �D 3 "o� �'J�3+� Residence (o5i 2a2�db'�ellular �S/ J � D s /,� 5. Appeliant i Applicant (if other than owner): Phone Numbers: Business � i�� S p �/T� � �2p�� � 2. Number of Dwelling Units: � 3. Date of Letter Appealed: City: Residence � Cellular 6 State specifically what is being appealed and why (Use an attachment if necessary): NOTE: A$25.00 filing fee made payable to the City of Sainc Paul must accompany this application as a necessary condition for filiug. You must attach a copy of the original orders and any other correspondence relative to this appeal. Any person unsatisfied by the final decision of the City Counci] may obtain judicial review by time]y fili�g of an acYion as provided by law in Districe Court. For O�ce Use Only �d: Receipt Number: Date of Hearing: �8-�l �O 4RM+UtA, LLP 275 east 4�' street. ste 40D saint paut, MN 55101 I � _ � avi - •:. • •- o�� CITY Clerk Room 310 City HaII Saint Paul, Minnesota 551 D2 RE: Summary Abatement OrdedApplication for Appeal To Whom It May Concem: In response to the request io remove brush on properry located at 1635 St. Anthony Ave. Property is currenUy vacant of dwellings, structures, or fences. There is a natural boarder of mature trees antl bushes to the north, east and west of the eastern most lot. Grass and weeds have been cut and removed. There +s currently a pile of brush and branches that were dumped on the property however they were piaced behind the natural boarder as we intend to utilize for compost later this fali and view this as a"Green" aiternative to the cost of removaf and fertilizer purchase in the future. Additionally, for the any brush unusable as compost, given receipt of abatement order on Friday September 5 we feel it is unreasonable to expect compliance in less than 2 business days. Please accept our filing fee and application for appeal and removal of abatement order. Respectfully submitted, erickgoodiow managing partner 4` ��architecture.design.development ............................ VOX: 763.226.1636 E.MAIL: erickCQ?4smuta.com CITY OF SAINT PAUL DEPARTMENT OF SAFETY AND INSPECTIONS DIVISTON OF CODE ENFORCEMENT 1600 White Bear Avenue Saint Paul, RRN 55106 SUMIVIARY ABATEMENT ORDER Seotember 03. 2008 lnspection �• e Muled By (init) 08 - 134867 �♦ .� Yog hais tias koj hais lus Hmoob thiab koj tsis to taub tsab ntawv no, hu rau tus txhais lus ntawm (651) 266-1918. Nws yog pab dawb zwb. Si usted fiabla el Espanol y no entiende esta nota, llama (651)266-6008 para un traductor. No costo. 4rm+Ula Llp 636 Aurora Ave StPau1MN 55104-2352 As owner or person(s) responsible for: 1635 ST ANTHONY AVE you are hereby ordered to eliminate all nuisance conditions which are in violation of Chapter 45 of Saint Paul Legislative Code. � Remove improperly stored or accumulated refuse including: garbage, rubbish, discarded furniture, appliances, velricle parts, scrap wood and metal, recycling materials, household items, building materials or rubble, rires, brush, etc., from yard areas, INCLUDING PiLES OF BRUSH ON PROPERTY. . - - - Cut and remove tall grass, weeds and rank plant growth. Remove and properly dispose of all animal feces from yard areas. IMMEDIATELY secure all btildings wluch are open to unauthorized entry, including: Other: lf you do not coaect the nuisance or file an appeal before September 09, 2005, the Ciry will conect the nuisance and chazge all costs, including boarding cosu, against the property as a special assessment to be collected in the same way as property taxes. Charees: If the City corrects the nuisance, the charges wiil include the cost of correction, inspection, travel time, equipment, eta The rate u�ill be approxvnately $260.00 per hour plus expenses for abatement. You must maintain the premises in a clean condition and provide proper and adequate refuse storage at all times FAILURE TO COMPLY MAY RESULT IN A CRIMINAL CITATION Issued by: Kellv Booker Badge Nusnber 328 Phone Number 651-266-1940 If you have any quesfions about tfris order, the requirements or the deadline, you should contaM the Inspector listed above, Monday through Friday. Apneals. You may appeal this order and obtain a heanng before the Ciry Couucil by deadlme noted above or seven (7) days afrer the date mailed, whichever comes ficst. Coirection Orde w thyout avoeal aroo]'cation. with the City Clerk before the appeal *W.ARNING Code inspection and znforcement trips cost the taepayers money. If the violations aze not conected witivn the time period required in tivs notice, the ciTy's costs in conducting a rem,ipecpon after the due date for compliance will be collected finm the owner ra[her tttan being paid by the taepayers of the ciTy. If additionat new violations are discovered witltin the n�t following 12 montkrs, the city's costs m condncting additiona] inspections at this same locauon within such 12 months will be collwted from the owner tather tUan being paid by the taYpayps of the ciry. Any such future costs wil] be collected by assessment against the real propercy and aze in addition to any other fines or assessmeuts whiCh may be levied against you and your property. Sa2 p2 60158 03/08 September 16, 2008 Legislative Hearing Minutes og-�r�a Page 9 3. Appeal of 4RM + LTLA, LLP c{o Erick Goodlow to a Summary Abatement Order for property at 1635 St. Anthony Avenue. Ms. Booker stated this was a vacant pazcel and orders were issued on August 22 to remove tall grass and weeds in addition to a pile of brush with a compliance date of September 2. She re-inspected the property on September 3 and found that the grass and weeds had been cut; however, the large brush pile had not been removed. She issued a new summary abatement order, since the owners were in partial compliance, to remove the pile of brush with a compliance date of September 9. She re- inspected the property and found that the brush pile had not been removed so she issued a work arder. She then received the appeal and cancelled the work order. She said that she had no contact from the property owner requesting an extension of time and was surprised when she received the appeal. Erick Goodlow, appeared as one of the owners of the partnership, 4RM + i)L,A, LLP, which was an architectural firm that designed "green" buildings. They had mowed the lawn and moved the brush pile to the border of the property with the intention of using it as compost. They had been in negotiations with a chiropractic office across the street from the property who were interested in constructing a parking lot on the parcel. Ms. Moermond asked how large the brush pile was. Mr. Goodlow responded that it was in an area approximately 10 feet by 10 feet and was approxnnately one foot off the ground. Ms. Moermond asked Mr. Goodlow how much time he believed he would need to remove the pile of brush. Mr. Goodlow responded that he would like unril the end of fall to remove the pile of brush. Ms. Moermond recommended denying the appeal and � an extension to October 1 to remove the pile of bnxsh.