09-848Council File # 09-848
Green Sheet # 3073656
AMENDED 8/5/09
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA (p3
Presented by � �� ��
Resolution to Stay Council File #OS-772, an Order to Remove or Repair
500 Sherburne Avenue within�5 Days of Adoption of Resolution
180
� WHEREAS, the Saint Paul City Council adopted C.F. #08-772 on September 17, 2008 an Order to
z Remove or Repair the buildings known as 500 Sherburne Avenue within �days; and
3 180
a WHEREAS, in the legislative hearing process, as well as subsequently at the City Council public
s hearing to consider this matter, Palmer Management and Black Sands failed to adequately complete
6 this rehabilitation and the $5,000 performance deposit required under Chapter 33 of the Legislative
� Code went unattended by anyone in an ownership position or their representative; and
9 WHEREAS, Palmer Management and Black Sands has since provided all of the requisite information
i o the Council normally requires when a request for time to complete a rehabilitation on a property with a
� i substantial abatement order pending and have posted a$10,000 performance deposit; and
�z
�3 WHEREAS, this new information was reviewed by the Legislative Heazing Officer on July 14, 2009,
ia per the request of Councilmember Carter, and the Legislative Hearing Officer believes Palmer
�s Management and Black Sands can now successfully abate the nuisance condition and her
�5 recommendation to the Council is that they grant a 180 day stay in the implementation of C.F.
�� #08-772, thus allowing adequate time for the rehabilitation of this structure.
ts
�9 NOW, THEREFORE, BE IT RESOLVED, that the City Council grants a 180 stay in the
2o implementation of C.F. #08-772.
Requested by Department oE
AdoptedbyCouncil: Date � �5���
AdouYiexi certifie by unc' Secretary
(
By:
Approved n or Date p�0
By:
�
Form Approved by City Attorney
By:
Form Approved by Mayor for Submission to Council
By:
Approved by the Office of Financial Services
By:
� Green Sheet Green Sheet
I' :•:
Green Sheet Green Sheet Green Sheet Green Sheet
�
; Departmentl�ce/CaunciL � Date lnitiated: �
: CO—Council '� 30-JUL-09 ' Green Sheet NO: 3073656
� ,
i ' � Department Sent To Person InkiallDate �
� ConWct Person & Phone: ' �
Marcia Moermond ; � a Councit �
I Council DeoarGnent Director
, Assign � 2 Ciry Quk ' Ciri Clerk �
I Must Be on Council Agenda by (Date): � Number � ��
� For 3
� Routing j 4 ' I �,
�� Doa Type: RESOLUTION '� Order i 5, ' ��,
E-DOCUment Required: Y
Document ConWM:
ConWCt Phone:
7oWi # of Signature Pages _(Clip Ali Locations for Signature)
Resolution to stay Council File #08-772, an order to remove or repair 500 Sherbume Avenue within I S days of adoption of
resolution.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service 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/frm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
wrrenf city employee?
Yes No
Explain all yes answers on separete sheet and aHach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
DisadvantageslfApproved:
Disadvantages If Not Approved:
Total Amount of
Transaction:
Funding Source:
Fi nancial Information:
(Explain)
CostlRevenue Budgeted:
Activity Number:
July 30, 2009 10:14 AM Page 1
' � • � �
�
7uly 14, 2009 Legislative Hearing Minutes Page 2
2. Resolution — 08-772 — Ordering the owner to remove or repair the building(s) at 500
Sherburne Avenue within fifteen (15) days from adoption of resolution. [Adopted Sept. 17,
2008]
Kevin Palmer, property owner, appeared with Michael Doody, representing Black Sands
Corporation.
Mr. Magner stated that on June 24, 2008, there was a legislative hearing regarding this matter. A
representative of Anchor Bank appeared with Mr. Palmer and presented a purchase agreement,
along wiTh a financial plan, and the number of units that would be occupied in the building was
discussed. The matter was continued to the July 28, 20081egislative hearing in which Mr. Palmer
appeared. Tait Danielson-Castillo also appeared representing Dish 7 and the neighbor, Lucy
Passus, and expressed concern about the building being rehabilitated. There was discussion
regarding the exterior fa9ade of the building as there was concern as to how the building was not
going to continue to be a nuisance to the neighborhood. It was determined that the number of units
in the building needed to be reduced from eight to six and it was suggested Mr. Palmer work with
Historic St. Paul to see if there was not only funding available but also to assist with the exterior
design of the building. The Council adopted the resolution on September 17, 2008 granting 180
days to remove or repair the building. The City, at this time, had the capacity to proceed with the
demolition.
Ms. Moermond asked whether the bond had been forfeited. Mr. Palmer responded that it had. He
said he had run into financial difficulty when they had to convert the building into six units from
eight. He said the historic rehabilitation to khe building also added additional costs. They had now
recently come up with the financing to be able to complete the rehab in a short amount of time. He
said the estimate he had received to complete the rehabilitation was $167,000.
Mr. Doody stated that his company had loaned the money to Mr. Palmer to complete the
rehabilitation. He said his company had rehabbed many category 1 and 2 vacant buildings across
St. Paul and he had a very good track record of completing projects. He said the conversion of the
building from eight units to six complicated the project and the financial ability to complete the
repairs. He said he was committed to seeing this project to completion as he did not want to see the
building demolished.
Ms. Moermond stated that given the history of the nuisance problems at the property, the Council
would not have recommended granting time to rehabilitate the building to eight units given the high
density of the building and the long-term problems.
Mr. Palmer stated that Historic St. Paul was still interested in providing a$10,000 grant in addition
to a$20,000 loan to contribute to the financing of the project. Ms. Doody stated that MainStreet
Bank had also committed to providing over $100,000 in financing to complete the project.
Mr. Magner asked Mr. Palmer what circumstances had changed from the Council recommending
the grant of time to complete the rehabilitation to now when he was requesting additional time. Mr.
Palmer responded that since the plans for the layout of the building had changed from eight units to
six units, he had to make up for the loss of those two units and had to hire an architect to draw up
new plans. They then gutted the entire interior of the building when he realized that he did not have
enough financing to complete the proj ect.
July 14, 2009 Legislarive Hearing Minutes
( � � •
� � •
Ms. Moermond stated that the following must be submitted by July 21: 1) a new work plan
including timelines for completing the work; 2) financial documentation indicating the financial
ability to complete the repairs; 3) a signed contract with Michael Doody, Black Sands; 4) individual
trade bids; 5) post a$10,000 performance bond by July 27; and 6) a progress report will need to be
submitted every six weeks until completion of the rehabilitation.