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09-549WITHDRAWN 9/OZ/09 Council File # 09-549 Green Sheet # 3067097 Presented bv�/ %� = RESOLUTION OF SAINT PAUL, MINNESOTA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 WHE S, Department of Safety and Inspections has requested the City Council to hold public heari s to consider the advisability and necessity of ordering the repair or wrecking and removal of a story, commerciaUindustrial warehouse which is currently filled with wood, machinery, j and vehicles located on property hereinafter refened to as the "Subject Property" and commoni known as 1400 DAYTON AVENUE. This property is legally described as follows, to w� BOULEVARD ADDITION S J TO AVB & ESMTS;VAC ALBERT ST ACCRUING TO LOTS 1& 23 & VAC DAYTO ST ACCRUING AS VAC IN DOC NO 1825657 & FOL; PART, LYING SELY OF A 30 F WIDE SPUR R/W, OF LOTS 4 THRU 6& OF LOTS 9 THRU 11 & OF LOTS 16 THRU 18 ALL OF LOTS 1 THRU 3& LOTS 19 THRU LOT 23 BLK 6 WHEREAS, based upon the record � the Ramsey County Recorder's Office and information obtained by Department of Safet d Inspections on or before October 20, 2008, the following are the now known interested or r onsible parties for the Subject Property: Apex Realty Partnership WHEREAS, Depariment of Safety and Inspect ns has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative C e an order identified as an "Order to Abate Nuisance Building(s)" dated January 15, 2009; an WHEREAS, this order informed the then known structure located on the Subject Property is a nuisance b� WHEREAS, this order informed the interested or res or demolish the structure located on the Subject Property by or responsible parties that the �ursuant to Chapter 45; and ties that they must repair 6, 2009; and WHEREAS, the enfarcement officer has posted a placard on the S�ject Property declaring this building(s) to constitute a nuisance condition; subject to demo�tion; and WHEREAS, this nuisance condition has not been corrected and Depart nt of Safety and Inspections requested that the City Clerk schedule public hearings before the egislative Hearing Officer of the Ciry Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in a with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, purpose of the public hearings; and .F,T�I WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul � City Council on Thmsday, April 30, 2009 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested 09-549 43 44 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 responsible parties to make the Subject Property safe and not detrimental to the public peace, hea , safety and welfaze and remove its blighting influence on the community by rehabilitating this s cture in accordance with all applicable codes and ordinances, or in the alternative by demolis � g and removing the structure in accordance with all applicable codes and ordinances. The rehabi � ation or demolition of the structure to be completed within fifteen (15) days after the date of th Council Hearing; and WHERE�S, a hearing was held before the Saint Paul City Council on Wednesday, May 2�, 2009 and the te mony and evidence including the action taken by the Legislative Hearing Officer was consid�by the Council; now therefore BE IT RESOLVE that based upon the testimony and evidence presented at the above referenced public hearings, t Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject perty at 1400 DAYTON AVENUE. 1. That the Subject Pro�rty comprises a nuisance condition as defined in Saint Paul Legislative Code, Chap 45. 1 2. That the cosYS of demoliYion d removal of this building(s) is estimated to exceed five thousand dollars ($5,000. 3. That there now exists and has exist multiple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance responsible parties to correct the building(s). was sent to the then known or to demolish and remove the 5. That the deficiencies causing this nuisance conditi have not been corrected. � 6. That Deparhnent of Safety and Inspections has posted a lacard on the Subject Property which declares it to be a nuisance condition subj to demolition. 7. That this building has been routinely monitored by Inspections, Vacant/Nuisance Buildings. Safety and 8. That the known interested parties and owners are as previously stated in� resolution and that the notification requirements of Chapter 45 have been ORDER 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 09-549 89 � 90 91 92 93 94 95 2. 96 97 98 99 100 l01 102 103 104 105 106 107 108 blighting influence on the community by rehabilitating this shucture and correcting all deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and ordinances, or in the alternative by demolishing and removing the structure in accardance with all applicable codes and ordinances. The rehabilitation or demolition and removal of the structure must be completed within �"ifteen (15) days after the date of the Council Hearing. l If the above corrective action is not completed within tlus period of time Department of Safety a�ad Inspections is hereby authorized to take whatever steps are necessary to demolish �ad remove this structure, fill the site and charge the costs incurred against the Subject Prop`'�rty pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. '�, 3. In the event the bu'�ciing is to be demolished and removed by the City of Saint Paul, all personal property or f'r�ctures of any kind which interfere with the demolition and removal shall be removed from fi�e property by the responsible parties by the end of this time period. If a11 personal pro�erty is not removed, it shall be considered to be abandoned and the City of Saint Paul s�ll remove and dispose of such property as provided by law. �� 4. It is furtl�er ordered, that a copyir�this resolution be mailed to the owners and interested parties in accardance with Chapter�5 of the Saint Paul Legislative Code. Xeas Nays Absent Bostrom Carter Hams Helgen Lantry Stark Thune Adopted by Council: Date Adoption Certified by Council Secretary By: Approved by Mayor: Date By: Requested by Department of: Safetv and Insoecrions ement / Vacant Buildin � Form Approved by City Attomey � Fomi Approved by Mayox for Submission to Council By: 09-549 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �partmeP�ce/Coyncik P � Datelnitiated: l Green Sheet NO: 3067097 S � _ De t. of Safet & Ins ections 20-FEB-09 �� ConWCt Person & Phone: i Bob Kessler � 266-9613 Must 6e on Councii Agenda by (Date): 20-MAY-09 Doc. Type: RESOLUTION E-Document Required: Y DocumeM Contact: ConW ct Phone: � Assign Number Por Routing Order Total # of Signature Pages _(Clip All Locations for Signature) � � Action Requested: Ciry Council to pass this resoluCion which will order the owner(s) ta remove or repaic the refereneed b�ilding(s). If the ownec fails to comply with the resolution, the Depaehnent of Safety and Inspections is ocdered to remove the buildmg. The subject properiy is located at 1400 DAYTON AVE . RecommendaUOns: Approve (A) or Reject (R} Pianning Commission CIB Commiflee Civil Service Commission Personal5ervice Contracts Must Answer the Following Questions: 1. Has this person/firm ever worked under a contract for this department� Yes No 2. Has this person/firm ever been a city employee� Yes No 3 Does this person/firm possess a skill not normally possessed by any current city employes� Yes No Expiain ali yes answers on separate sheet and attach to green sheeL Initiating Pro6lem, IssUes, Opportunity (Who, What, When, Where, Why): This building(s) is a nuisance building(s) as defined in Chapfer 45 and a vacant bu9lding as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interestzd pariies and responsible parties known to the Enfoccement Officer were given an order to repair or remove the building at 1490 DAYTON AVE by February 16, 2009, and have failed to comply with those orders. AdvantageslfApproved: The City will eliminate a nuisance. Disadvantages If Approved: The Ciry will spend funds to wreck a�d remove this building(s). These costs will be assessed to the properry, colleoted as a special assessment against the property taxes. A nuisance condition will remain unabated in the Ciry. This building(s) will continue to blight the communiry. Disadvantages If Not Approved: A nuisance condition will remain unabated in the Ciry. This building(s) wIll eontinue to blight the community. Total Amount of Transaction: Funding Source: Financial Information: tEXplain) CoSURevenue Butlgeted: Nuisance Housing Abatement pctivity ntumber: 001-00257 ���C'�IVED FE6 2 5 2�09 February 20, 2009 732 AM Page 1 09-549 DEPAftTMENT OF SAFEtY ANDINSPECT70NS Richard Leppert, bfanager of Cade Enfo�remeni cI dF S�1 I PA�. 375 Jac(aon S»eet. Svire 2�0 SairstYaui, �55/01-1806 Ck�is[opher B. Cole�nan, Mayar �r February 20, 2009 NOTICE OF PUBLIC FIEARINGS Council President and Members of the City Council Te (ephone. 6F L266-l900 Facsimile: 65 L266-1919 Web: wwwstnw�yov/dsi Department of Safery and Tnspections, V acant/Nuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the rzpair or removal of the nuisance building(s) located at: 1400 DAYTON AVE The Ciry Council has scheduled the date of these hearings as follows: Legislative Hearing — Thursday, April 30, 2049 City Council Hearing— Wednesday, May 20, 2009 The owners and responsible parfies of record aze: TT�me and Last Known Address Eriksson Family Properties 1225 Orono Oaks Dr Long Lake, MN 55347 Apex Reaity Partnership 18712 Mekose Chase Bden Prairie, MN 553A7 Interest Tax Owner and C of O Responsible Party Fee Owner Lexington-Aamline Community Council staf�' lexham.org District CouncIl Contact qn �rmative Action Equal OPPo�ty Empioyer 09-549 1400 DAYTON AVB Pebruary 20, 2009 page 2 The ]egal description of this property is: BOL`LEVARD ADDITIflN SUB3 TO AVE & ES!1'LTS;VAC AL.BERT ST ACCRti�TG TO LOTS 1& 23 Bc VAC DAYTON ST ACCRUIlIG AS VAC IN DdC NO 1825657 & FOL; PART, LYING SELY dF A 3Q Ft WIDE SPUR RlW, OF LOTS 4 THRU 6& OF LOTS 9 THRU 11 & OF LOTS 16 TI3Rti 18 & ALL OF LOTS 1 THFtU 3& LOTS 19 THRU L�T 23 BLK 6 The Deparhnent of Safety and Inspections has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, Chapter 45. The Depaztment 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 February 17, 2009. There was no compliance and the nuisance condirion remains unabated, the community continues to suffer the biighting influence of this properky. It is the recommendarion of the Department of Safety and Inspections that the City Council pass a resolution otdering the responsi6le parties to either repair, or demolish and remove this building in a tunely manner, and failing that, authorize the Department of Safety and Inspections to pxoceed to demolitian and removal, and to assess the costs incurred against the real estate as a special assessment to be collected in the same manner as taaces. Sincerely, .StL'VB �ftgIZCY Steve Magner Vacant Buildings Manager Department of Safety and Inspections SM:nm cc: Chad Staui, City Attomeys Office Mary Erickson, Assistant Secretary to the Council Cindy Carlson, PED-Housing Division Nancy Homans, Invest St. Paul District Council — Community Organizer pubhmg60183 9�08 09-549 SUMMARY FOR PUBLIC HEARING 1400 Dayton Avenue11415 Selby Avenue Legislafive Hearing — Tuesday, Apri130, 2009 City Council — Wednesday, May 20, 2009 The building is a two story commerciaUindusttial warehouse, on a lot of 59,242 square feet. According to our files, it has been a vacant building since April 5, 2007, The curtent property owner is Erickson Family Properties, per AMANDA and Ramsey county property records. The city has had to board this building to secure it from Yrespass. There haue been eleven (11) SUMMARY ABATEMENT NOTICES since 2007. There have been thirteen (13) WORK ORDERS issued for: - Removal of improperly stored refuse, garbage and misc debris - Boazding - Removal of graffiti - Exterior maintenance On December 18, 2008, an inspection of the building was conducted, a list of deficiencies which constihzte a nuisance condition was developed and photographs were taken. An ORDER TO ABATE A NUISANCE BUILDING was posted on January I5, 2009 with a compliance date of February 1 b, 2009. 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 paid. Taacation has placed an estimated market value of $606,300 on the land and $138,800 on the building. As of April 28, 2009, a Code Compliance inspection has not been coznpleted. As of December 3, 2008, the $S,OQ0.00 performance bond has been posted. Real Estate taxes for the years 2007-2008 are delinquent in the amount of $b1,608.00, plus penalty and interest. Code Enforcement Officers estimate the cost to repair this structure is $150,000 to $175,000. The estimated cosY to Demollsh is $25,000 to $29,000. DSI, Division of Code Enforcement Resolution submitted far consideration orders the property owner to repair or remove this structure within fifteen (15} days, if not the resolution authorizes the Division of Code Enforcement to demolish and assess the costs to the property." Tax and Property Look Up Information - Quick Info > Quick Information Home SiYe Map Contact Us Tax & Property Look Up Information - Quick Info Home � � Information � � Property Look tfp � � Record Look� � � Contact Us New Propertv Search 8ack to Search Results Quick Info P znformation Taxpayer Name and Addre Value Information Value Fiistorv Structure Descri tion Sale Information S�ecial Assessments Property Tax Payment Information Prooerty 7ax Payment Nist� 2�09 Payment Stubs Zd09 prooertv Tax Statement 20Q9 Value Notice 2d08 Pro�ertv Tax Statement/vafue Not'rce 2007 Property Tax StatementfValue Notice 2D06 Property Tax Go to E-Pay (US Bank Browser Rec�uirements) Property Identification Number (PIN) Property Address 09-���e 1 of 2 03.28.23.21.0019 1415 SelbyAve St. Paul 55104-6331 Assessment Date 01-02-2008 01-02-2009 Tax Payable Year Totai Estimated Market Value Total Taxable Market Value Total Estimated Land Value Total Estimated Building Va{ue Total Property Tax + Special Assessments 2009 $709,600 $709,600 $606,30� $103,300 $27,252 2010 $745,100 $745,100 $606,300 $138,800 Property Class Industr Industr Description Year Built See Str ucture descriot's # of Stories for detail of buildings. Finished SQ Feet Foundation Size The Plat or Section / Township / Range and Lega! Description listed below may be an abbreviated {egaf description - Do not use to prepare lega! documents Plat or Section / Boulevard Addition Township j Range Legal Description Subj To Ave & Esmts;vac Albert To determine whether St Accruing To Lots 1& 23 & Vac your property is Dayton St Accruing As Vac In Doc Abstract or Torrens, call No 1825657 & Fol; Part, Lying (651)266-2000 Sely Of A 30 Ft Wide Spur R/w, Of Lots 4 Thru 6& Of Lots 9 Thru 11 http:l/rrinfo.coramsey.mn.uslpublicicharacteristiclParcel.aspx?scrn=Quick&pin=03282321... 5/1/2009 Tas and Property Look Up Information - Quick Info Statement Value Notice Truth in Taxation Statement Minne S tate Form MiPR Most Recent Qualified Sale Most Recent Qualified Price Q9 - �p��e 2 of 2 & Of Lots 16 Thru 18 & AlI Of Lots 1 Thru 3& Lots 19 Thru Lot 23 Blk 6 � Database Last Refreshed OS-01-2009 � Copyright 2003 Ramsey Countv Email: AskPrnpettvTaxandRecords caramsey�mn.us Text Qc�ky: Ort � Off ( Site Snd?x ; Poi�aes and PractiCes f Corztact Us � N¢me http://rrinfo.cosamsey.mn.us/public/characteristic/Parcel.aspx?scrn=Quick&pin=0328232 L.. 5/1/2009 DEPART�IENT OF SAFETY AND INSP��ICiNS Richard UpperC Manager ofCode Enforcemen[ CPI`Y OF SAIN'T PAUL Christopher 8. Co[eman, Mayor 375 Jackson Streei., Swte 220 Saint Paul, MN �5101-1806 Telephone: 651-266-7900 Facsimile: 651-26b-1919 Web� w�.wsmauLzoc/dsi 7anuary I5, 2009 Apex Realty Partnership 18712 Melrose Chase Eden Prairie MN 55347-3479 Erickson Family Properties x 1225 Orono Oaks Dr Long Lake, MN 55347 Order to Abate Nuisance Building(s) Dear: Sir or Madam The VacantlNuisance Buildings Unit, Department of the Department of Safety and Inspections, Division of Code Enforcement, hereby declares the premises located at: 1400 DAYTON AVE and legally described as follows, to wit: BOULEVARD ADDITION SUBJ TO AVE & ESMTS;VAC ALBERT ST ACCRUING TO LOTS 1& 23 & VAC DAYTON ST ACCRUING AS VAC IN DOC NO 1825657 & FOL; PART, LYING SELY OF A 30 FT WIDE SPUR RIW, OF LOTS 4 THRU 6& OF LOTS 9 THRU 11 & OF LOTS 16 THRU 18 & ALL OF LOTS 1 THRLI 3& LOTS 19 THRU LOT 23 BLK 6 to comprise a nuisance condition in violation of the Saint Paul Legislafive Code, Chapter 45.02, and subject to demolifion under authority of Chapter 45.11. On December 18, 2008, a Building Deficiency Inspection Report was compiled and the following condirions were observed. This list of de�ciencies is not necessarily all the deficiencies present at this time. As first remediai action, a Code Compliance Inspection must be obtained from the Building Inspecrion and Design Section, 8 Fourth Street East, Suite 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�ve 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 J�uary is, 2009 09-549 1400 DAYTON AVE page 2 This building(s) is subject to the restrictions of Saint Paul Ordinance Chapter 33.03 and shail not again be used £or occupancy until such time as a Certificate of Compliance or a Certificate of Occupancy has been issued. Tlus is a two story, commerciaUindustrial warehouse which is currently &lled with wood, machinery, junk, and vehicles. 1. No Certificate of Occupancy — illegai occupancy and storage (pending team inspection, see report for additional deficiencies). 2. There are deteriorated concrete steps and loading dock on north side; steps lack handrail. 3. There are deteriorated exterior concrete wa11s that have large cracks and deteriorated mortar joints. 4. There are broken boarded windows and doors. 5. There are open exterior and interior electrical conduit and boxes; damaged light fixtures. 6. There is chipped{peeling paint. 7. There are exposed wood surfaces. 8. There are missing windows — large areas of interior exposed to elements. 9. There is rot damaged wooden members in west side loading dock; foundation excavated. 10. There is an inadequate sprinkler system. 1 l. There is storage of hazardous waste — used oil. 12. There is storage of vehicles — cars and motorcycles. ORDER: Repair the structure to a habitable condition. Tlus shucture is a registered vacant building that must have a Certificate of Occupancy Team Inspecrion and the issuance of a Cerrificate of Occupancy issued before the shucture may be occupied. You may contact Jim Seeger at D.S.I, 651-266-909Q, for permits, and issuance of the Certificate of Occupancy. 09-549 January 15, 2009 1400 DAYTON AVE page 3 Under the Saint Paul Legislative Code, failure to obtain a Certificate of Occupancy befare occupying the structure may result in issuance of criminal summonses. As owner, agent or responsible party, you are hereby nofified that if these deficiencies and the resulting nuisance condition is not conected by February 16, 2009 the Department of Safety and Inspecrions, Division of Cade Enforcement, will begin a substantial abatement process to demolish and remove the building(s). T4ie costs of this acfion, including administrative costs and demolirion costs will be assessed against the property taaces 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, 375 Iackson Street, Suite 220, (651)266-9090. This inspection will identify specific defeets, necessary repairs and legal requirements to correct this nuisance condition. If this building is located in a historic district or site (noted above, just below the property address) then you must contact Heritage Preservation (HPC) staff to discuss your proposal for the repairs required by this order and compliance with preservation guidelines. Copies of the guidelines and design review application and forms are available from the Department of Safety and Inspections web site (see letterhead) and from the HPC staff. No permits will be issued without HPC review and approval. HPC staff also can be reached by calling 651-2b6-4078. As an owner or responsible party, you are required by law to provide full and complete disclosure 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 Yhe Enfarcemant Officer with the names and addresses of any new owners or responsible parties. The Enforcement Officer is required by law to post a placard on this property which declares it to be a"nuisance condition", subject to demolirion anfl removal by the City. Ttus placard shall not be removed without the written authority of the Department of Safety and Inspectlons, Division of Code Enforcement. The department is further required to file a copy of this "Order to Abate" with the City Clerk's Office. If corrective acrion is not taken within the time specified in this order, the Enforcement Offiicer will notify the City Council that abatement action is necessary. The City Clerk will then schedule daCes for Public Hearings before the City Council at which time testimony will be heazd from interested parties. After this hearing the City Council wiil adopt a resolution stating what action if any, it deems appropriate. If the resolution calls for abatement actian 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 correcrive action is not taken within the specified time, the City shall abate this nuisance. The costs of this action, including administrative costs will be assessed against the property as a special assessment in accordance with law. January 15, 2009 1400 DAYTON AVE page 4 09-549 If you have any questions or request additional information please contact Matt Dornfeld between the hours of 8:00 and 9:30 a.m. at 651-266-1902, or you may leave a voice mail message. Sincerely, Steve Magner Vacant Buildings Program Manager Division of Code Enforcement cc: Mary Erickson - Council Research Cindy Carlson - PED Housing Amy Spong — Heritage Preservation ota60135 ]2/08 DEPARTMENT OF SAFETY AN���TTONS Fire Inspecdon Division Robert Kessler, Director CITY OP SAINT PAUL Christopher 8. Colemon, Mtlyor April 2, 2008 CHRIS ERICKSON 1225 ORONO OAK DR ORONO, MN 55356 RE: TEAM INSPECTION 1400 DAYTON AVE Ref # 17104 700 Eart ll'" Street Telephone 65I-228-6230 Sa�n[ Pnul, MN SSI01 CONDEMNED BUILDING THIS STRUCTURE IS DECLARED UNSAFE FOR HUMAN OCCUPANCY OR USE. THIS SUILDING MUST BE VACATED BY APRIL 5, 2008 Dear Property Representative: Your building was inspected on March 27, 2007 for the renewal of your Fire Certificate of Occupancy. Approval far occupancy will be granted upon compliance with the following deficiency list The items on the list must be corrected immediately. A reinspection will be made on or after Apri127, 2008. Failure to comply may result in a criminal citation or the revocation of the Fire Certificate of Occupancy. The Saint Paul Legislative Code requires that no building shall be occupied without a Certificate of Occupancy. The code also provides for the assessment of additional reinspection fees. YOU WII,L BE RE3PONSIBLE FOR NOTIFYING TENANTS IF ANY OF THE FOLLOWING LIST OF DEFICIENCIES t1RE TAEIR RESPONSIBILITY. DEFICIENCY LIST 2. � Q ELECTRICAL - GENERAL - NEC ic 110.3 Examination, Identification, Installation, and Use of equipment: Provide or a licensed electrician to go through all electrical equipment, panels, fixtures, receptacles, and switches for power and complete approved wuing. Provide illumination to all porkions of the building. Copper wire was stolen from panels and conduit runs. Repair, remove or rewire per the current electrical code. ELECTRICAL - GENERAL - MSFC 605.1 -Provide a grounding jumper around the water meter. ELECTRICAL - GENERAL - MSFC 605.6 - Provide electrical cover plates to all outlets, switahes and junction boxes where missing.-Found through out the interior and exterior of the building. ELECTRICAL - GENERAL - MSFC 605.6 - Provide all openings in junction boxes to be sealed.-Found through out the building. 09-549 5. ELECTRICAL - GENERA.L - NEC 408.7 Unused Openings. Unused openings for circuit breakers and switches shall be closed using identified closures, or other approved means that provide protection substantially equivalent to the watl enclosure. 6. ELECTRICAL - GENERAL - MSFC 605.6 - Provide all electrical splices within junction boxes.-Found through out the interior and exterior of the building. 7. ELECTRICAL - GENERAL - MSFC 6051 - Repair or replace damaged electrical fixtures. This work may require a permit(s). Call DSI at (651) 266-9090.-Found through out interior and exterior of the building. 8. ELECTRICAL - GENERAL - MSFC 605.1 - Remove unapproved exposed wiring and install in accordance with the electrical code, This work may require a permit(s). Call DSI at (651) 266-9090.- Found through out the building. 9. ELECTRTCAL - GENERAL - MSFC 605.4 - Discontinue use of all multi-plug adapters.-Found through out the building. 10. ELECTRICAL - GENERAL - MSFC 605.5 - Remove electrical cords that extend through walls, ceiling floors, under doors, or floors coverings, or are subjected to environmental or physical damage.-Found through out the building. 11. BLECTRICAL - GENERAL - NEC 110-26 - Provide and maintain a minimum of 36 inches clearance in front of all electrical panels. 12. ELECTRICAL - GENERAL - NEC 336-5 - Remove the non-metallic cable (Romex).-Remove all unapproved Romex through out the building. Provide approved methods per the cuxrent electrical code for this installation. 13. ELECTRICAL - GENERAL - NEC 300-11 Provide for all raceways, boxes, cabinets, and fittings to be securely fastened in place.-Found through out the interior and exteriar of the building. 14. ELECTRICAL - GENERAL - MSFC 605.1- All light fixtures shall be maintained with protective globes if originally equipped.-Found through out the interior and exterior of the building. 15. FIRE PREVENTION - SPLC 34.23, MSFC 110.1- This occupancy is condemned as unsafe or dangerous. This occupancy must not be used until re-inspected and approved bv this office. 16. FIRE PREVENTION ! ADDRESS - SPLC 71 A1 - Provide address numbers on building per attached HN-1 handout.-The address number to be posted is: 1400 17. FIRE PREVENTION / AISLES - MSFC 1010. l, 10043.1 - Provide and maintain a minimum of 44 inch aisles where storage or fixtures are on two sides of the aisle. 18. FIRE PREVENTION / CONVEYER SYSTEM - SPLC 34.12 (2), 3435 (1} - Repair and maintain all required and supplied equipment in an operative and safe condition.-Conveyer system shall be installed and maintained in accordance with its manufacturers inshuctions and/ar listing. 19. FIRE PREVENTION / DUST COLLECTION - MSFC 1303 - Provide an approved dust collection system for a11 dust producing machinery. The dust collection system must be interlocked with machinery power supply to prevent the machinery from being used without the dust collection. 09-549 20. FIRE PREVENTION J EXIT DOOR - MSFC 100331.8 - Remove unapproved locks from the exit doors. The door must be openable from the inside without the use of keys or special knowledge or effort. 21. FIRE PREVENTION / EXIT DOORS - MSFC 1005.2 - Provide an approved additional means of egress due to an inadequate number of exits. 22. FIRE PREVENTION! FIRE EXTINGUISHERS - MSFC 901.6 - Provide required annual maintenance of the fire extinguishers by a qualified person and tag the fire extinguishers with the date of service. 23. FIRE PREVENTION / GAS CONTAINERS - MSFC 34043 - All Class 1 and 2 FlauunablelCombustible liquid containers must be stored in the closed condition at all times except when in actuai use. 24. FIRE PREVENTION / AAZARD PLACARDS - MSFC 2703.5 - Provide NFPA 704 hazard identification placards per handout HM-1. B1ue = 1 Red = 4 Yellow = 0 White = leave blank Size = 6 inch minimum.-Post a placard at the top of each exterior pedestrian door. 25. PII2E PREVENTION ! INTBRIOR FLOOR - SPLC 3410 (7), 3433 (6) - Repair and maintain the floor in an approved manner.-Repair all holes in the floor. 26. FIRE PREVENTION I INTERIOR LIGHTING - SPLC 3412 (2), 34.35 (1) - Repair and maintain all required and supplied equipment in an operative and safe condition. 27. FIIZE PREVENTION / KEY BOX - MSFC SQ6 �- Call Fire Department communicatian center at (651) 224-7371 to make anangements to have the keybox opened when you have the correct keys on site.- Provide conect keys for the building to be placed in the fire depariment key box. 28. FIRE PREVENTION ( PLUMBING - SPLC 34.11, SBC 2902.1, SPLC 3a17 - Repair or replace and maintain the plumbing fixture to an operational condition.-Repair or replace and maintain an approved private toilet. This work may require a permit(s). Call LIEP at (651) 266-9090. 29. FIRE PREVENTION / PLUMBING - SPLC 34.11 (4), 3434 (1} - Provide an adequate water supply to a11 water closets, sinks, showers and tubs. 30. FII2E PREVENTION! ROOF - SPLC 34.09 (1) e, 34.32 (1) d- Provide and maintained the roof weather tight and free from defects. 31. MECFIANICAL ( BUILDING HEATING SYSTEMS - SPLC 3411 (6), 3434 (3) - Provide service of heating facility by a licensed contractor which must include a carbon monoxide test. 5ubmit a completed copy of the Saint Paul Fire Marshal's Existing Fuel Burning Equipment Safety Test Report to this office. 32. MECHANICAL / GAS PIPING - MFGC 406.5.2 - Immediately repair or replace the leaking fuel equipment piping. This work may require a permit(s). Call DSI at (651) 266-9090.-Test all gas piping before opening sysYsm. 33. MECI�ANICAL / GAS P1PING - MFGC 40412 - Provide leak tight caps or plugs on disconnected or unused gas lines. 34. MECI3ANICAL f PALLET SHOP EQUIPMENT - UMC 104 - Correct and maintain any changes made to the original system in compliance with the mechanical code to prevent unsafe, unhealthy or overloaded conditions. This work my require a permit(s). Cail DSI at (651) 266-4090. AA-ADA-EEO Employer 09-549 35. MECHANICAL 1 PALLET SHOP EQUIPMENT - IJMC 104 (d) - Repair all safety devices on mechanical system, to a safe working order in accordance with Yhe original design and in compliance with the mechanical code. 11us work my require a permit(s). Call DSI at (651) 266-9090. 36. 1VIECf�ANICAL ( PALLET SHOP EQLJIPMENT - UMC 2103 - All equipment, appurtenances, devices, and piping must be installed in a workmanlike manner. 37. MECHt�NICAL 1 SPRINKLER EQUIPMENT ROOM ! PUEL OIL TANK - MSFC 3404.2.13.2.3 - All abovelunderground tanks which have been out of service at least 1 year shall be properly removed, unless tanks are tested in an approved manner and properly returned to service. (Permits} 38. MECHANICAL ( SPRINK.I,ER EQUIPMENT ROOM / HEATER - MN Rules 1300.0180 - Immediately discontinue use of unsafe heating appliance unfil repaired or replaced by a licensed conttactor. This work may require a permit(s). Call DSI at (651) 266-9090. Red tags may not be removed except by fire department inspector. 39. SPRINKLER - MSFC 901.6 - Immediately repair and return the fire sprinkler system to service. All work must be done by a licensed contractor under permit. 40. SPRINKI.ER - MSFC 912.2 - Relocate the fire department connection to the address side of the building in an acceptahle location. 41. SPRINKLER - A licensed sprinkler contractor must verify that the current sprinkler system is of the proper density to cover the occupancy and provide documentation to this office. You have the right to appeal these orders to the Legislative Hearing Officer. Applications for appeals may be obtained at the City Clerks Office, Room 310, (651-266-8688) and must be filed within 10 days of the date of the original orders. If you have any questions, call me at 651-228-6208 between 7_3Q a.m. - 9:00 a.m. P1ease help to make Saint Paui a safer place in which to live and work. Sincerely, Matt Opsahl Fire Inspector Ref. t# 17104 � � z 0 � � a 0 0 � � a 0 O N O f7 .� � e� ^� � � � E�+ 'c�p .� � x > .� .� N � � 0 c N O N �tC G � ^CS d � d � .� � x .� G � w � .� W a o, 09-549 �QQ � � p� , -� .. ., � E� o C Z x � W � V � N �za�, � �o� a �zw o 0 0 0 0 0 � O� ti� N �� N ti� N a�a � 7 R 7 � 7 Qr � � G� Q y N � � Gzl W W p � Q�i r7 W -'7.�F� O ` aW� N a a�y `� 9 W�U �— ��a � � a�Z � d U�� N � �"� F" C � � � � N A W � c �� ai � W H � � a�M W W °C]v`"i �� V ' � � � �� 7 ' c -� a � � a�� � o ° a �, � U v �E" ��p ao, � �,� w � `s"`�' o x �a�i � ' � o ' � � x�a ;,�_ 3�" � �'-7 k� c �� 4. Q '.''�" N L7 0. pp "C3 � �+.�+ W�a d,-. W �-lU h � 0 � 0 � � a 09-549 STATE OF MiNNESOTA AFFIDAVIT OF SERVICE COUNTY dF HENNEPIN METRO LEGAL SERVICES Cory J. O'Neill, being duly swom, on oath says: that on February 23, 2009, at 6:40 PM he served the attached: Notice of Pubiic Hearing upon: Eriksson Family Properties, therein named, personally at: 1225 Orono Oaks Drive, Long Lake, County of Hennepin, State of Minnesota, by handing to and feaving with Stephanie Eriksson, Vice President, a true and correct capy thereof. Subscribed and sworn to before me on -- 2 ' 2 3 . Zoo9 " T000 �. ess�� �. , _ NaYary Publt� Minnesota MY Cammis:�ion ixpres J�, t1.2010 1010294 - 1 RE: 1400 DAY"fON AVE 09-549 Date: December 19, 2008 HP District: File #: 07 - 057455 Property Name: Folder Name: 1400 DAY'I'ON AVE Snrvey Info: PIN: 032823210019 09-549 Date: December 19, 2008 HP District: File #: 07 - 057455 Property Name: Folder Name: 1400 DAYTON AVE Snrvey Info: PIN: 032823210019 09-549 Date: December 19, 2008 HP District: File #: 07 - 057455 Property Name: Folder Name: 1400 DAYTON AVE Survey Info: PIN: 032823210019 09-549 Date: December 19, 2008 HP District: File #: U7 - 057455 Property Name: Folder Name: 1400 DAYTON AVE Survey Info: PIN: 032823210014 09-549 Date: December 19, 2008 HP District: File #: 07 - 057455 Property Name: Folder Name: 1400 DAYTON AVE Survey Info: PINt 03282321Q�19 09-549 Date: December 19, 2008 HP District: File #: 07 - 057455 Property Name: Folder Name: 1400 DAYTON AVE Survey Info: PIN: 032823210019 Date: December 19, 2008 HP District: 09-549 File #: 07 - 057455 Property Name: Folder Name: 1400 DAYTON AVE Survey Info: PIN: 032823210019 09-549 Date: December 19, 2008 BP District: File #: 07 - 057455 Property Name: Folder Name: 1400 DAYTON AVE Survey Info: PIN: 03282321t1019 09-549 Date: December 19, 2008 HP District: File #: 07 - 057455 Property Name: Folder Name: 1400 DAYTON AVE Survey Info: PIN: 032823210019 09-549 Date: December 19, 2008 HP District: File #: 07 - 057455 Properiy Name: Folder Name: 1400 DA'YTON AVE Survey Info: PIN: 03282321U019 09-549 -, �' � Date: December 19, 2008 HP District: File #: 07 - 057455 Property Name: Folder Name: 1400 DAYTON AVE Survey Info: PIlV: 0328232100i9 09-549 Date: December 19, 2008 EiP District: Rile #: 07 - 057A55 Property Name: Folder Name: 1400 DAYTON AVE Survey Info: PIN: 032823210019 �� .� Date: December 19, 2008 HP District: File #: 07 - 057455 Property Name: Folder Name: 1400 DAY'PON AVE Survey Info: PIN: 032823210019 09-549 Date: December 19, 2008 HP District: File #: 07 - 057455 Property Name: Folder Name: 140U DAYTON AVE Survey Infa: PIN: 0328232}0019 09-549 Date: December 19, 2008 HP District: File #: 07 - 057455 Property Name: Folder Name: 1400 DAYTON AVE Siuvey Info: PI1�: 0328232100i9 09-549 Date: December 19, 2008 HP District: File #: 07 - 057455 Property Name: Folder Name: 1400 DAYTON AVE Survey Info: PIN: 032823210019 09-549 Date; December 19, 2008 HP District: File #: �7 - 057455 Property Name: Folder Name: 1400 DAYT`ON AVE Survey Info: PIN: 032523210019 ��� .� Date: December 19, 2008 HP District: File #: 07 - 057455 Property Name: Folder Name: 140Q DAYTOI�T AVE Survey Info: PIN: 032823210019 09-549 Date: December 19, 2008 SP District: File #: 07 - 057455 Property Name: Folder Name: 1400 DAYTON AVE Survey Info: PIN: 032823210019 09-549 Date: December 19, 2008 HP District: File #: 07 - 057455 Property Name: Folder Name: 1400 DAYTON AVE Survey Info: PIN: 03282321D019 09-549 Date: December 19, 2008 HP District: File #: 07 - 057455 Property Name: Folder Name: 1400 DAYTON AVE 3urvey Info: PIl�3: 032823210029 Date: File #: Folder Name: December 19, 2008 07 - 057455 1400 DAYTON AVE HP District: Property Name: Snrvey Info: 09-549 PIN: 032823210019 09-549 Date: December 19, 2008 HP District: File #: 07 - 057455 Property Name: Folder Name: 1400 DAYTON AVE Snrvey Info: PIN: 032823210019 09-549 Date: December 19, 2008 ffi' District: File #: 07 - 057455 Property Name: Folder Name: 1400 DAYTON AVE Survey Info: PIN: 032823210019 09-549 Date: December 19, 2008 HP District: File #: 07 - 057455 Property 1Vame: Folder Name: 1400 DAYTON AVE Survey Info: PI1V: 032823210019 09-549 Date: December 19, 2008 HP District; File #: 07 - 057455 Property Name: Folder Name: 1400 DAYTON AVE Survey Info: PIN: 032823210019 09-549 Date: December 19, 2008 HP District: £ile #: 07 - 057455 Properiy l�ame: Folder Name: 1400 DAYTON AVE Survey Info: PIN: 032823210fl19 09-549 Date: December 19, 2008 HP District: File #: 07 - 057455 Properiy Name: Folder Name: 1400 DAYTON AVE Survey Info: PIN: 032823210014 09-549 Date: December 19, 2008 HP District: File #: 07 - 057455 Property Name: Folder Name: 1400 DAYTON AVE Survey Info: PIN: 032823210019 09-549 Date: December 19, 2008 HP District: File #: 07 - 057455 Property Name: Folder Name: 140Q DAYTON AVE Survey Info: PIN: 0328232i0019 09-549 Date: December 19, 2008 HP District: File #: 07 - 057455 Property Name: Folder Name: 1400 AAYTON AVE Survey Info: PIN: n3zsz32�nn�9 C� Apri130, 20Q9 Legislative Hearing Minutes Page 5 5. Ordering the owner to remove or repair the building(s) at 1400 Dayton Avenue within fifteen (15} days from adoption ofresoluCion. Chris Eriksson appeared on behalf of Eriksson Family Properties, the property owner. No other parties of interest appeared. Ms. Moermond asked for a report from Mr. Magner. Mr. Magner stated the building was a two- story commercial dweiling on a lot of 59,242 square feet and had been vacant since April 5, 2007. A team inspection had been done on Apri12, 2008, the vacant building registration fees were current, and the $5,000 performance bond had been posted December 3, 2008. On December 18, 200$, an inspection of the building was done and a list of deficiencies wluch consritute a nuisance condition was developed. An order to abate a nuisance building was posted on January 15, 2009 with a compliance date of February 16, 2009. To date, the property remained in a condition which comprised a nuisance as defined by the Legislative Code. Ramsey County TaYation estimated the market value of the land to be approximately $606,300 and the building to be $138,800. Real estate taxes for 2007-2008 were delinquent in the amount of $61,608.00, plus penalty and interest. Code Enforcement estimates the cost to repair the building to be approximately $150,000 to $175,000. The cost for demolition was estimated to be approximately $25,000 to $29,000. There had also been 11 summary abatements issued to this property since 2207, 13 of which went to wark order: to secure the building and the City had to board the building to secure it from trespass; remove improperly stored refuse, garbage and debris; exterior maintenance; and remove graffiti. Code Enforcement recommends the building be repaired or removed within 15 days. Mr. Magner presented photographs of the property. Ms. Moermond asked far a report from Ms. Boulware. Ms. Boulware stated that this building had not been inventoried and had not been designated as a historically significant structure. It was uukuown when this building was built as thexe were no permit cards detailing the history of the property. She said that demolition would not have an adverse effect on the neighborhood; however, if the building was demolished, she recommended the timber from the interior be salvaged. Ms. Moerxnond asked Mr. Eriksson what his plans for the property were. Mr. Eriksson responded that he intended to complete the items listed on the team inspection and believed he was very close to completion. He said that Dave Bergmann, Fire Inspector, inspected the property the previous week and he believed there were only four items remaining that needed to be completed He said that he had made approximately $120,000 in repairs which included putting in a sprinkler system. He planned to rent the building out to Crosstown Auto who intended to use the building for storage of vehicles. Mr. Magner stated that he had a lena hy conversation that morning with Mr. Bergmann who indicated that after reviewing the team inspection and the work that had been done, it was his opinion that a site plan review would need to be done given the change of use at the property. The property was previously used as a retail space which had been vandalized and gutted and the heating, lighting, etc. had been altered due to the vandalism. Mr. Eriksson had been renting out the space to Crosstown Auto at the rime the Order to Abate was posted which was not allowed and he and Mr. Bergmann had a conversation with Mr. Eriksson concerning this and it was his information that the vehicles had since been removed. He said this was the second occurrence where the building was being iliegally occupied without a current certificate of occupancy which was a major concern to the departments. A site plan review was necessary to determine whether the storage of April 30, 2009 Legislative Hearing Minutes (�l-5�1�1 Page 6 autos in the building was acceptable. Mr. Bergmann indicated that he was unsure whether the storage of vehicles was allowable on the current surfaces in the building. Mr. Bergmann also expressed concern with the electrical and suggested a new team inspection be conducted with the electrical inspector to address those concems. The other issue he had concern with was the plumbing. Ms. Moermond questioned the estunated cost of the rehabilitation which was $150,000 to $175,000. Mr. Magner responded that the estimate was based on the minimum standards for the exterior of the building and minimum interior requirements. The use of the building was not included in the estimated cost of the rehabilitation. According to Mr. Eriksson, he indicated he had already made a number of repairs, including the sprinkler; however, this work was done without a permit. The C of O would not be issued until all permits were pulled and signed off. Mr. Eriksson stated that he had hired Midwest Fire to repair the sprinkler system and he was under the impression that they had pulled the permit at the time the work was done. He had contacted Midwest Fire and had not heard back from them concerning the perniit issue. As far as the elechical, it was his understanding the Picha Electrical had pulled a permit for tbe exterior electrical work on the building and it was his understanding that they were operating under the same permit for the anterior work to the building. He said that he had previously rented the property to a tenant who was using the building to store pallets. He said that many of the items listed on the inspection report were due to the items the tenant was storing in the building. He had evicted the tenant in October, 2008; however, he had not cleared out his stu£f until over two months later. He said he did not necessarily need to rent the building to Crosstown Auto for starage of vehicles and may reconsider the use of the building. Mr. Magner stated that according to STAMP, the electrical permit had been pulled in January, 2008 for specific electrical work in the building and was signed off on March 28, 2008. That permit was only good for that specific work that had been done. He said Picha Electrical would need to obtain another permit for the work that had been done since the original work. He suggested to Mr. Eriksson that he identify the use of the building prior to the team inspection so that the trade inspectors would be able to specifically idenrify what would be required under the code depending upon the use. If the building were going to be used entirely for cold storage, bathrooms, hearing, etc. may not be necessary. Ms. Moerxnond expressed concem regarding the financing for the project considering the back taYes had not been paid and that staffhad estimated the cost of the exterior repairs to be between $150,000 to $175,000. Mr. Eriksson responded that he was working with a tax abatement attorney regarding the assessed value of the property. He said he had purchased the property for $500,000 and it was being tased at a value of $88Q000. He said the taxes would be paad and the property would not be tax forfeited. Ms. Moermond responded that he was getring close to losing the property to tax farfeiture. Mr. Eriksson responded that he believed that would be August and the t�es would be paid prior to August. Ms. Moermond responded that the taxes would need to be paid in order for the Council to consider recommending a grant of time to repair the building. Mr. Magner stated that he received ntunerous e-mails from the St. Paul Police Deparhnent Graffiti Utiit concerning the on-going problem at this property. They are concerned with the location of the building and its physical layout as it attracted gang graffiti. They were requesting the building be removed He said that there needed to be an abatement plan on how to deal wlth the problem if the April 30, 2009 Legislative Hearing Minutes �q-5`a� Page 7 building were to be rehabilitated. Mr. Eriksson responded that if the property were occupied with a tenant, he believed the graffiri problem could be addressed more timely since he did not live close to the sate. He also believed better lighting with motion detectors may also help keep the criminal element away from the building. He also complained about a strip of land next to the building which he claimed the City owned which was a dumping ground and the City did nothing to take responsibility for maintaining this sttip of land. [Mr. Eriksson was given a graffiti waiver to fill out at the hearing.] Ms. Moermond stated that the following conditions would need to be met: 1) a new team inspection would need to be done; 2) the outstanding property taxes must be paid; 3) provide a wark p1an, including timelines for completing the work and must be done in accordance with the Team Inspection Report; 4) provide financial documentation and 5) the property must be maintained and secured. Ms. Moermond expressed concem that the bond had been posted on December 3, 2008 which at the end of 180 days, would expire. The only way to obtain an additional 180 days on the bond, was if the building official determined at least 50 percent of the work had been completed. She told Mr. Eriksson that she did not believe he would be anywhere close to that 50 percent mark by June 3 and she recommended he post an additional $5,000 bond in order to be D anted an additional 180 days. This way, he would not forfeit the original $S,Q00 bond and when the rehabilitation was completed, the total bond far $10,000 would be returned to lvm. Ms. Moermond recommended continuing the Legislative Aearing to May 26 and June 3 Council Public Hearing. (J`�' S�`t May 26, 2009 Legislative Hearing Minutes Page 2 2. Ordering the owner to remove or repair the building(s) at 1400 Dayton Avenue within fifteen (15) days from adoption of resolution. (Laid over from April 30; on June 3 CPH) Chris Eriksson appeared on behalf of Eriksson Family Properties, the property owner. Mr. Eriksson presented a 39 page "book" on why his appeal should be granted. Said "book" contained the following: Team Inspection Report dated Apri12, 2008; a"stamped" document by LIEP Plan Examiner dated December 3, 2008; pichxres of the interior of the building; and pictures of gazbage on Pascal near 1400 Dayton. Ms. Moerxnond asked Mr. Eriksson whether his attorney from Faegre & Benson planned to attend the hearing. Mr. Eriksson responded that he had talked to his attomey and it was his opinion that he did not need to attend this hearing. Mr. Magner stated that at the hearing on Apri130, Mr. Eriksson indicated that he intended to rehab the building. Mr. Magner reviewed Ms. Vang's letter to Mr. Eriksson regarding the conditions that needed to be met in order to receive a grant of time to rehab the buiiding. He said that in addition to those conditions, he suggested Mr. Eriksson submit a site plan for review regarding the use of the building and what would be required for compliance under the new team inspection. Mr. Eriksson responded that the team inspection was scheduled for Thursday, May 28, 2009; however, the sprinkler system was not being inspected until Friday, May 24. He said that Crosstown Auto was no longer using the building and he intended to rent the space for cold storage of used restaurant equipment. Mr. Eriksson then went through item by item on the team inspection report indicating that all items had been completed, which pictures proved this point, and that the inspection report indicated "approval for occupancy will be granted upon compliance with the following deficiency list." Since he claimed he had complied with every single item on the deficienc}� list, he should be granted a certificate of occupancy. Mr. Magner totd Mr. Eriksson that the team inspection conducted on Apri12, 2008 was invalid and a new inspection needed to be conducted given the extensive damage caused by vandalism wluch inspection would also be based on the use of the building. He again told Mr. Eriksson that only one electrical permit had been pulled in January, 2008 for specific electrical work and was signed off on March 28, 2008. He said Picha Electrical failed to pull a permit for the more recent work that had been done. He again aiso said that a permit was never pulled to install the sprinkler system which was required. Mr. Magner also stated that the use of the building had changed several times and asked Mr. Eriksson who he previously had as tenants in the building. Mr. Eriksson responded that he didn't understand why he needed another permit for the electrical work that had been done and claimed that a11 the work was covered under that one permit. He said he had contacted Midwest Fire about the sprinkler system and claimed a"Katie" in Fire had given a verbal approval to install the system. As far as tenants in the building, he said Pallet Pride had been the previous tenant to Crosstown Auto. He claimed that John Wales was the owner of Pallet Pride and had completely trashed the building. He said he had to go through the eviction process which was timely and costly as well. The judge ordered that either the rent be paid in full by a certain date and if it was not, he would have to hang on to Mr. Wa1es' inventory for at least 6Q days before he could dispose of anything. He said that the rent was never paid and that on day 59, Mr. Wales returned to cleaz out his inventory. He said that prior to renting the property to Pa11et Pride, he had rented the building to Suburban Plumbing who used the building to store piumbing equipment. He G9 - 5�19 May 26, 2009 Legislative Hearing Minutes Page 3 said the building was vandalized during their tenancy and they then moved out. Mr. Magner responded that the vandalism resulted in the building being condemned and told Mr. Eriksson that he then rivice illegally had the building occupied by renting it to Pallet Pride and Crosstown Auto and he had been told that this could have resulted in a crirninal tag. Ms. Moermond stated that the pictures of the interior of the building were not good enough to support that the work was done. She told Mr. Eriksson that since he had twice illegally occupied the building including storing cars, oil could have leaked on the wooden floors which may require special treatment to the floors before the building could be re-used which was also why a new team inspection was necessary. Mr. Eriksson responded that he was not going to use the building for vehicles and that he had talked to Jim Bloom and John Sla�adski in DSI and they said everything was fine. He also claimed that Suburban Plumbing had been dtiving their forklifts across the floors for over 60 years and certainly there would have been oilleakage from a forklift. He said this was never cited on the first team inspection report so there shouldn't be a problem with it now. He again claimed he had complied with every single item on the deficiency list and should be granted a certificate of occupancy. Ms. Moermond asked Mr. Eriksson whether he had paid the delinquent property taaces. Mr. Eriksson responded that he had not yet but that they would be paid. Ms. Moermond asked him why he hadn't paid the delinquent property taxes in the amount of $61,608.00 and asked whether he realized he wouid soon be losing his property to tax forfeiture. Mr. Eriksson again alleged that the County had over-valued the property by over $300,000 and he was trying to get the County to re- evaluate the value of the property. He also said that after he left the last hearing, he was discouraged by the results and felt the City was harassing and antagonizing him as he claimed he was told by one of the demolition contractors that the City was going to demolish the building and had already awarded the bid. He also claimed that when one of the demolition contractors went through the building to estimate the cost far demolition, they "stole" five ofhis six fire extinguishers which he had to replace at a cost of $600. Ms. Moermond asked Mr. Eriksson who the demolition contractors were that made the allegation that the City had already awarded the bid and which contractor had "stolen" his fire extinguishers. Mr. Eriksson responded that he couldn't recall. Ms. Moermond told Mr. Eriksson that ifhe was going to make such allegations, he needed to have names associated with those claims so, that the City could respond appropriately. Mr. Magner explained, even though Mr. Eriksson's attorney had received a written response from Chad Staul, City Attorney's Office, that the demolition bids are obtained at the time the order to abate the nuisance building is issued. The Finance Department had failed to process the requisirions on obtaining those bids, thus, the bids were not obtained until the after the hearing on Apri130. He said no demolition bid is ever awarded until after the Council makes the decision to order a building demolished which will not occur for this building until the Council Public Hearing on 7une 3. Mr. Eriksson then referred to the pictures of the garbage being dumped on City property on Pascal near Dayton. Here the City was harassing him to keep his property cleaned up and had issued "dozens" of assessments against his property and the City refuse,d to take care of their own property. He claimed that he had complained about this and nothing ever gets done. May 26, 2009 Legislative Hearing Minutes �9- 5a°i Page 4 Mr. Magner pulled up GISmo on STAMP and said the azea Mr. Eriksson was complaining about was public-right-of-way as it was an unimproved road which would be the responsibility of the adjoining property owners, that being Concordia College and Mr. Eriksson, to maintain. He said the City had issued many summary abatement orders to Concordia as well as to Mr. Briksson to clean up of this property which the Ciry had a right to do. Ms. Moermond stated that she would need to see the following: 1) the delinquent property taxes needed to be paid; 2) a work plan needed to be done after the team inspection was completed; and 3) the property needed to be maintained. She told Mr. Eriksson that she did not feel confident that he had the capacity to complete the repairs given the fact that he had illegally occupied the building twice, had not made the repairs on the first team inspection, had failed to pull the appropriate permits, and had failed to pay the delinquent property taxes. She also said that given Mr. Eriksson's half statements alleging City staff had given him "verbal" okays on items, that she wanted to set up a meeting prior to the public hearing and have City inspectors present, Mr. Eriksson and his attorney at this meeting to flesh out the facts. 09-549 June 23, 2004 Legislarive Aearing Minutes Page 2 2. Resolution — 09-549 — Ordering the owner to remove or repair the building(s) at 1400 Davton Avenue within fifteen [15] days from adoption of resolution. (Referred back hy Councal on June 3; Council Public Hearing continued to 7uly 15) Cazol Lansing, attorney with Faegre & Benson, appeared on behalf of Chris Eriksson and Eriksson Family Properties LLC, the property owner. Ms. Lansing stated that Mr. Eriksson had another commihnent and could not attend the hearing. Mr. Magner stated that at the legislative hearing on May 26, Mr. Eriksson indicated his intention to rehabilitate the property and was scheduled for a new team inspection later that week. The Council Public Hearing was June 3 and prior to the hearing, there was a meeting between Ms. Lansing, Mr. Eriksson, Phil Owens, the hearing officer, and he was also present. At that meeting, an issue was raised about notification and the Council referred the matter back to legislative hearing and continued the public hearing to July I5. Ms. Lansing stated that Mr. Eriksson was in receipt of the team inspection report dated June 2 and he indicated to her that the majority of the items were done. The items that remained were as follows: the sprinkler system heads were going to be replaced; installation of phone lines for the monitor of the sprinkler system was being done; the monitoring panel was going to be installed; duct work was being removed; the building was in the process of being painted; and new windows were going to be installed. Mr. Eriksson believed he should have the work completed within the next couple of weeks and she wanted to know what inspections were necessary so Mr. Eriksson could get the sign off and obtain his C of O. Ms. Moermond asked Mr. Magner on the status of the permits. Mr. Magner responded that accarding to STAMP, the permits were as follows: two new electrical permits were issued; a sprinkler permit was issued; and there was a building permit that had been issued in December 2008. He said the building permit was specifically for commercial repairs and was valued at $4,000. This permit would need to be closed and a new building permit needed to be pulled for the value of the work that was being done. He said Mr. Eriksson would need to contact the individual trade inspectors that were assigned to those permits to schedule time for them to inspect and sign off on the permits. Once all of the permits were finaled, he would need to contact Dave Bergman, DSI- Fire, to schedule a full inspection to obtain his C of O. Ms. Moermond asked Ms. Lansing how much time she believed Mr. Eriksson would need to complete the rehab. Ms. Lansing responded that it would depend upon scheduling the different trade inspectors to inspect the property and then to have Inspector Bergman to issue the C of O. She did not believe the July 15 was adequate time for Mr. Eriksson to obtain the C of O. Ms. Moermond suggested continuing the council public hearing to August 5. If everything was completed by that time, the resolution could be withdrawn. If everything was not done, she will recommend granring 30 days to remove or repair the building. Ms. Lansing stated that she wanted to put on the record that there was a notification issue since the order to abate did not have the correct address and Mr. Eriksson did not receive it. Ms. Moermond responded that she understood the concem with the notification; however, she was uncertain whether she would recommend D3I re-issue the order to abate and begin the process from the very beginning which did not guarantee a grant of fime to complete the work. The other option would be to take care of this in the legislative hearing process. 09-549 June 23, 2009 Legislative Hearing Minutes Page 3 Ms. Lansing staCed that if the process were to start new, she did not believe Yhe City would haoe a __ basis to declare the property a nuisance given its current condition. She clarified that it was her position the order to abate was invalid at the time it was issued and in order to follow through with this process, since it could result in the demolirion of the building the process would have to be�n again. She stated that she believed the best remedy now was to continue through the legislative hearing process and that the resolurion to remove or repair be withdrawn. Ms. Moermond stated that the foilowing conditions must be met: 1) the old building permit needed to be finalized and a new building permit for the value of the work needed to be pulled; 2) the current permits must be finalized; 3) the C of O inspection must be completed by Dave Bergman; and 4) the property must be maintained. Ms. Moermond recommended conrinuing the Council Public Hearing to August 5. DEPAR.TMENT OF SAFETY AND INSPECTIONS Fire Inspection Division Roben Kessder, Director 09-549 CITY OF SAINT PAUL Christopher B. Coleman, Mayor 375 Jackson Stree[, Sui[e 220 Telephone: 651-266-9040 SaintP¢u1,MN551 01-7 806 Fax.' 631-2b6-8951 JUIIO 2� 2��9 ERIKSSON FAMILY PROPERTIES LLC 1225 ORONO OAKS DRIVE LONG LAKE MN 55356-9480 RE: TEAM INSPECTION 1400 DAYTON AVE Ref # 17104 Dear Property Representative: Your building was inspected on May 28, 2009 for the renewal of your Fire Certificate of Occupancy. Approval far occupancy will be granted upon compliance with the following deficiency list. The items on the list must be conected immediately. A reinspection will be made on or after June 26, 2009. Failure to comply may result in a criminal citation or the revocation of the Fire Certificate of Occupancy. The Saint Paul Legslarive Code requires that no building shall be occupied without a Certificate of Occupancy. The code also provides for the assessment of additional reinspection fees. YOU WILL BE RESPONSIBLE FOR NOTIFYING TENANT5 IF ANY OF THE FOLLOWING LIST OF DEFICIENCIES ARE THEIR RESPONSIBTLITY. DEFICIENCY LIST ELECTRICAL - NEC 408.4 Circuit Directories 1 Circuit Identification-Provide up to date circuit directories in all electrical panels. 2. ELECTRICAL - MSFC 605.6 - Provide all openings in junction boxes to be sealed.-Provide knock out seals in all open junction boxes with wire inside. ELECTRICAL - MSFC 105.1 PERMITS-PROVIDE PERMITS FOR ALL ELECTRICAL INSTALLATIONS INSTALLED AFTER APRIL 2, 20Q8. TffiS WORK MUST BE DONE BY A MINNESOTA LICENSED CONTRACTOR AND PERMITS. NINE NEW CII2CUITS AND WIRING INSTALLATIONS WERE ADDED TO THE ELECTRICAL PANEL ON THE NORTH WEST AREA OF THE BUILDING WITH NO PERMIT. PROVIDE PERMITS FOR THE NEW / ALTERED IN5TALLATIONS FOR THE CONDUIT RUNS AND PANELS FOLTND ON THE LAST TEAM INSPECTION (MARCH 27, 2007). WIIZE HAD BEEN STRIPPED FROM BOTH CONDUIT t1ND PANELS. THIS WORK ALSO REQUIRES LICENSED ELECTRICIANS AND PERMTTS. 4. ELECTRICAL - NEC 110.3 EYamination, Idenrification, Installation, and Use of Equipment-Verify / Provide power to all electrical equipment, receptacles, and switches. If equipment is no longer being used on equipment, remove the electrical wiring to that equipment. If receptacles are no longer bring 09-549 used, remove the receptacle and provide a blank cover on the opening. Provide for all switches to be removed if they are no longer being used for switckung a light ( if not needed by code). Provide a blank cover. 5. ELECTRICAI, - MSFC 605,1 -Pzovide a grounding jumper around the water meter.-This needs to be verified by a licensed electrician. Provide as needed per code. Provide documentation and f or permit. 6. ELECTRICAL - BAY ONE - NEC 250-2 (a) (b) - Provide for the electrical system and equipment to be grounded.-Replace the cord on the flourescent light fixture with the missing ground prong. ELECTRICAL - EXTERIOR - MSFC 605.6 - Provide electrical cover plates to all outlets, switches and junction boxes where missing.-This was found on the exterior of the building. 8. ELECTRICA.I, - EXTERIOR - MSFC 605.1 - Repair or replace damaged electrical fixhues. This work may require a permit(s). Call DSI at (651) 266-9090. 9. ELECTRICAL - EXTERIOR - MSFC 605.1 - Remove unapproved exposed wiring and install in accordance with the electrical code. This work may require a permit(s). Cal1 DSI at (651) 266-9090.- This was found atound the exterior of the building. 10. ELECTRICAL - EXTERIOR - NEC 300-11 Provide for all raceways, boxes, cabinets, and fittings to be securely fastened in place.-This was found around the exterior of the building. 11. ELECTRICAL - EXTERIOR - MSFC 6051- Ali light fixtures shall be maintained with protective globes if originally equipped.-Replace all broken and missing globes on lights located around exterior of the building. 12. ELECTRICAL - LOADING DOCK AREA - NEC 300-11 Provide for all raceways, boxes, cabinets, and fittings to be securely fastened in place_ 13. ELECTRICAL - SOUTH ELECTRICAL PANELS - NEC 408.7 Unused Openings, Unused openings for circuit breakers and switches shall be closed using identified closures, or other approved means that provide protection substantially equivalent to the wall enclosure. 14. ELECTRICAL - SOUTH ELECTRICAL PANELS - MSFC 605.6 - Provide all electrical splices within juncfion boxes.-Remove the open wire or provide approved methods for this installarion. 15. ELECTRICAL - SOUTH WEST BAY - MSFC 605.6 - Provide electrical cover plates to all outlets, switches and junction boxes where missing. 16. FIRE PREVENTION i ADDRESS - SPLC 71.01 - Provide address numbers on building per attached HN-1 handout.-The address number to be posted is: 1400 17. FIRE PR EVENTION ! INTERIOR LIGHTING - SPLC 34.12 (2), 34.35 (1) - Repair and maintain all required and supplied equipment in an operative and safe condition. 18. FIRE PREVENTION ! KEY BOX - MSFC 506.2 - Call Fire Department communication center at (651) 224-7371 to make arrangements to have the keybox opened when you have the conect keys on site.- Provide correct keys fot the building to be placed in the fire deparhnent key box. 09-549 19. MECHANICAL / ALL UNLTSED DUCTWORK MUST BE REMOVED - UMC 1002 - Repair, replace or install duct work in compliance with the mechanical code. This work my require a permit(s). Call DSI at (651) 266-9090. = 20. Sprinkler - A licensed sprinkler contractor must verify that the current sprinkler system is of the proper density to cover the occupancy and provide documatation to this office. 21. WATER METER PIT - SPLC 34.10 (3), 34.33(2) - Repair or replace the unsafe stairway in an approved manner. 22. SPLC 3411(4), 3434(1) SPC 4715.0200A Remove water meter if domestic water is not required based on the occupancy and insure that piping is protected from freezing. 23. SPLC 34.11 (4), 3434 (1), MPC 4515, MPC 326 - Cap tl�e building drain piping in accordance with the plumbing code. 24. MSFC MSFC lO1Q.1, 1003.2.10 - Provide approved exit si�s at all required exits. 25. SPLC 34.09 (i) b,c, 34.32 (1) b,c - Scrapefrepaint ali areas of exterior where paint is chippedJpeeling or missing. Replace all rotted wood around exterior. 26. MSFC 901.6 - The sprinklers in service for more than SQ years for standard response heads or more than 25 years for quack response heads shall be replaced or samples sent to an approved laboratory for testing. Provide documentation to this office as proof of compfiance. All sprinkler work must be done by a licensed contractor under permit. 27. The building is not fully sprinkled. Provide documentation that the areas of the proposed S-2 use meets the minimum standards set in the MSFC and NFPA 13. 28. Complete the acceptance testing for sprinkler permit 2009-078462.-This permit is to make repairs to the broken pipe due to freezing. 29. The new air compressor is to be direct wired. NFPA 13 7.2.6.21 The compressed air shall be from a source available at all times. 30. Protection against freezing NFPA 13 8.1531.3 Aboveground water-filled supply pipes must be maintained at a minimum of 40 de�ees. You have the right to appeal these orders to the Legislative Hearing Officer. Applications for appeals may be obtained at the City Clerks Office, Room 310 - City Hall (651-266-8688), 15 Kellogg Boulvard West, and must be filed within 10 days of the date of the original orders. If you have any questions, call me at 651-266-8944 between 7.30 a.m. - 9:00 a.m. Please help to make Saint Paui a safer place in which to live and work. Sincerely, Da�e Bergman Fire Inspector Email: david.bergman@cistpaul.mn.us Ref. # 17104 AA.ADA-EEO Employer