08-992Council File # 0� �_q ��' ___,_ -
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Green Sbeet # 3058744
RESOLUTION
by
1 WI a rse ac � was initiated against all licenses heid by B G's LLC d/b1a B G's
2 (License ID#20080000254) for the premises located at 429 Robert Street South in Saint Paul, by Notice
3 of Intent to Suspend Licenses dated August 4, 2008, aileging licensee failed to conect deficiencies that
4 lead to condemnation of the building and revocation of the Certificate of Occupancy by the Department
5 of Safety and Inspections-Fire Inspection Division; and
7 WHEREAS, licensee did not respond to the Notice of Intent to Suspend Licenses to contest the
8 allegation or correct the deficiencies; and
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WFIEREAS, the Notice of Intent to Suspend Licenses stated that if the licensee failed to contest the
allegation or correct the deficiencies by August 14, 2008, that the matter would be placed on the consent
agenda to impose the recommended penalty; now, therefore, be it
RESOLVED, that all licenses held by B G's LLC d/b/a B G's are hereby suspanded.
Adoption Certified by Cou il Secretary
gy r .
Approved b Ma o. Date � U�
BY� —� �,� f ��-w�c��.
Requested by Department of
���..L
BY �
Form ved by City Attorney
By. - ; .
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Form Ap ved b Ma or Su 's iam to,Epuncil
ia
BY� ��
AdoptedbyCouncil: Date qljf/dj�
6reen
& In,pecrions
27-AUCr08
Green Sheet NO; 3058744
Conpct Person 8 Phone:
Rachei Tiemey
266-8710
16SEP-08
Doc. Type: RESOLU710N
E-Document Required: Y
DocumeM CmHact: Julie Kraus
ContactPhone: 266-8776
y
Assign
Number
For
Routing
Order
Total # of Signature Pages _(Clip All Lowtions for Signature)
0 t oiSaf & Ins "ons
1 L of Safe & Ins ections De artment Director
2 ' Attom
3 a r's OSce Ma r/Assisfant
4 n¢cil
5 L7erk Ci Cterk
Approval of the attached resolufion to take adverse action against all licenses held by B G's LI,C d!b/a B G's (T..icense ID
#20080000254) for the premises located at 429 Robert Street 5outh in Saint Paui.
Planning Commission 1. Has this person/firm ever urorked under a contract for this departmenC?
CIB Committee Yes Na
Civil Service Commission 2. Has this personMrm ever been a city emptoyee?
Yes No
3. Does this personffirtn possess a skill not normally possessed by any
curtent city employee?
Yes No
F�cplain all yes answers on seperate sheet and attach to green sheet
Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why):
Licensee failed to correct defidiencies that lead to condemnation of the building and revocation of the Certificate of Occupancy by the
Department of Safety and Inspecrions-Fire Inspection Division. Aftet notificarion, licensee did not respond to the Nofice of Intent to
Suspend Licenses.
AdvanWges If Approved:
License suspension
Disadvantages If Approved:
Disadvantages If Not Approved:
CostlRevenue Budgeted:
Funding Source:
Financial Information:
(Erzplain)
Activity Number:
August 27, 2008 4:26 PM Page 1
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OFFICE OF T`HE CITX ATTORNEY
�
SqINi
PA°� CI'I'Y OF SAIY3`I' PAi3L
1 Chri.rtopher B. Colemmr, Mayor
f
Al1AA
August 4, 2008
CiviZDivision
400CiryHa71
IS Y7est KeZlogg Blvd
SaintPaul, Mbmesom SSI D2
Teleplmne, 657 266-8770
F¢csimile: 65129&5679
NOTTCE OF INTENT TO SUSPEND LICENSES
Steve Wagner
B G's
429 Robert Street South
St. Paul, MN 55107
RE: All licenses held by B G's LLC d!b/a B G's for the premises located at 429 Robert
Street South in Saint Paul
License ID #: 20080000254
Deaz Mr. Wagner:
The Department of Safety and Inspections (DSn has recommended suspension of alllicenses held by
B G's LLC dibia B G's for the premises located at 429 Robert Street South in Saint Pau1. The basis for the
recommendation is as foilows:
On June 2, 2008, a DSI inspector received a cail from the property owner stating
that foreclosure papers were served on May 31, 2008.
On June 16, 2008, you were sent a letter and a report from the Department of
Safety and inspections-Fire Inspection Division stating that your building had
been inspected and found unsafe, unfit for human habitation, a public nuisance,
and a hazard to the public welfare or otherwise dangerous to human life. A
Condemnation Placard was posted on the building and you were informed that a
condemnation of the building revokes the Fh-e Certificate of Occupancy.
The deficiencies leading to the condemnation were as follows: 1) No water
service; 2) failure to provide service of heating facility by a licensed contractor
which must include a carbon monozide test; 3) failure to provide an adequate
water supply to water closets, sinks, showers and tubs; 4) failure to maintain
exterior property areas free from any accumulation of refuse, garbage or feces
and � failure fo provide addifional approved containers or additional pick-ups
to meet tenant trash demands.
AA-ADA-EEO Employer
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- B G's
Ai.igast 4, 2008
P age 2 _____� �__--
As of today's date the deficiencies listed have not been conected, the building status remains
condemned /vacant and the Fire Certificate of Occupancy has been revoked. This is a violation of Saint Paul
Legislative Code §40.01 which states: "All existing buildings in the city are required to have and maintain a
fire eertific¢te of occupancy, zssued by the fire marsha� The cer7ifzc¢te shaZl be an indicafion that the
building meets, at the time of inspecfion, all relevant codes to mairztain the health, safefy and weCfare of the
buildixg's occupants and the gexeral pubZic. It shall be a misdemeanor to rent ar Zease, or permit the
occupancy of, a building or structure or portion fhereof which does nnt have a fzre certificate of occupancy."
Therefore, the licensing office will recommend suspension of all your licenses until all the
deficiencies listed in the June 16, 2008, letter have been conected.
At tlus time you have two options on how to proceed:
1. If you wish to admit the facts but contest the penalty, you may have a public hearing before the Saiut
Pau1 City Council, you will need to send me a letter with a statement admitting the facts and requesting a
public hearing. We will need to receive your letter by Thursday, August 14, 2008. The matter will then
be scheduled before the City Council for a public heariug to determiue whether to suspend your licenses.
You will have an opportunity to appear before the Council and make a statement on your own behalf.
2. If you dispute the above facts, you can request a hearing before an Adminisirafive Law Judge. At that
heariug both you and the City will be able to appeaz and present witnesses, evidence and cross-exauiine
the other's witnesses. The St. Paul City Council will ultimately decide the case. If this is your choice,
please let me know by Thursday, August 14, 2008, and I will take the necessazy steps to schedule the
ac�ninishative hearing.
If you have not contacted me by that date, I will assume that you do not contest the suspension of
your licenses. In that case, the matter will be placed on the Council's Consent Agenda for approval of the
recommended penalty.
If you have questions about these options, piease feel free to contact me at 266-8710.
Sincerely,
2 ��,,..e. 1 �
Rachel Tierney
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
Cindy Woldstad, 5021 Wellington Avenue, Moundsview, MN 55112
L:\civil�Kraus�Form A's\Vazious�2008�BC�sLicSuspFoimA.doc
STATE OF MINNESOT�'
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__ ___ � ss: AFF'IDAVIT OF S� +'ICE BX U.S. MAIL
COUNTY OF R.AMSEY ) ��G G1 �- —
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Julie Kraus, being first duly sworn, deposes and says that on the 5�' day of August, she
served the attached NOTICE OF INTENT TO SUSPEND LICENSES by placing a
frue and correct copy thereof in an envelope addressed as follows:
Steve Wagner
B G's
429 Robert Street South
St. Paul, MN 55107
Cindy Woldstad
5021 Wellington Avenue
Moundsview, NII3 55112
(which is the last Irnown address of said person) depositing the same, with postage prepaid, in the
United States maii at St. Paul, Minnesota.
Julie Kraus
Subscribed and sworn to before me
this 5�` day August, 2008
`��
Notary Public
�:,,�„ Susan Marie Janisch-Wamer
� l
•�.. �IYG�71dA6iSS10N
cXPtKEB .7&�8. 31. 2012
City of St. Paul, MN - Official Website - City Charter & Codes
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Page 1 of 1
Sec. 40A1. Fire certificate of occupancy requirement �O � ��
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�� ��r1Fed=to a re ce i ca e of occupancy, issued by the fi
certificate shall be an indication that the building meefs, at the time of inspection, ali relevant codes to maintain i
and welfare of the 6uilding's occupants and the general public. It shali be a misdemeanor to rent or lease, or pei
occupancy of, a bui{ding or structure or portion thereof which does not have a fire certificate of occupancy.
(C.F. No. 06-1129, § 1, 1-24-07)
http:f/www.cistpaul.mn.usiweb/CityCodeJ1c040.html
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