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10-512Council File # 10-512 Green Sheet# 3110996 Presented by RESOLUTION CITY QF SAtp1,T PAUL, MINNESOTA /`J 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 heard at public hearing on May 5, 2010 hereby memorializes its decision to 3 certify and approve the Apri120, 2010 decision of the Legislative Hearing Officer for the following 4 address: 5 6 ADDRESS APELLANT 7 8 1017 Armstrong Avenue Johann Massmann 9 10 Decision: Appeal denied. Carter Bostrom Harris Stark Thune Requested by DepaRment of: � � Form Approved by City Attorney Bv: AdoptedbyCouncil: Date �l/�/ Adoption Certified by Cou� il Secretary BY _ ! { ///��i1 �i/iG//�. //// Approv�a}�o Date � 7�7 �(i By: �/ � Form Approved by Mayor for Submission to Council BY ' - - io-si � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Departme'rtfOfficelCouncil; Date Initiated: co -�°°^�i 12 MAY2010 Green Sheet NO: 3110996 ContaM Person & Phone: Departrnent Sent To Petson InitiallDate Marcia Moermond y � O �—�� 6-8570 I ounci! De artruentDirector Assign 2 ( Clerk Ci Clerk Must Be on Councit Agenda by (Date): Number 3 � Por 4 � Routing Doc. Order 5 0 E-DOCUment Required: Y DocumentCOntact: MaiVang ConWCt Phone: 6-8563 Total # of Signature Pages _(Clip All Locations for Signature) Actian Requested: Resolution memorializing City Council action taken May 5, 2010 denying the appeal for property at 1� 17 Armstrong Avenue. Recommendations: Approve (A) or Rejed (R): Personai Service Contracts Must Answer the Foliowing Questions: Planning Commission 1. Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Crvil Service Commission 2. Has this person(fircn ever been a city employee7 Ye5 Na 3. Dces this persoNfirm possess a skill not twrmally possessed by any , curreat city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet. Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: Disadva�tages If Approved: Disadvan W ges If Not Approved: Total Amount of Transaction: CosURevenue Budgeted: Funding Source: Activity Number: FinanciallnfOrmation: � (Esplain) May 12, 2010 9:53 AM Page 1 io—s12 t ��..;o. a@ �a � �nl� illll� z .���ea: �< April 5, 2010 Johnann Massmann 1451 S Devitt Ave NW Monticello, MN 55362 RE: 1017 Armstrong Ave Dear Mr. Massmann: CITY OF SAINT PAUL CITY CLERK'S OFFICE Your application for an appea! has been received and processed. �4 Please attend the public hearing before the Legislative Hearing Officer on Tuesday, April �, 2010 at 11:30a.m. in Room 330 City Hai! and Gourthouse to consider your appeal concerning the above referenced property. At that time the Legis4ative Hearing Officer will hear a!{ parties relative to this action. Failure to appear at the hearing may result in deniaf of your appeaf. Sincerely, �� ������ Shari Moore G � City C�erk cc: Steve Magner, Vacant Buildings Manager Jeff Hawkins, DSI Code Enforcement Officer Marcia Moermond, Legislative Hearing Officer Jerry Hendrickson, Deputy City Attorney 75 4VEST KELLOGG BOULEVARD, SUITE 31� SAINT PALII, MTNNESOTA551�2 Te1: 651-266-8688 Fax:651-7b6-8574 www.stpaul.gov M Affirmat�ve Act�on Equal Opportunity Employer APPLICA'�`iON FOR APPE�iL Saint Paul City Clerk 15 W. Kellogg Blvd., 310 City Hall Saint Paui, Minnesota 5�102 Telephone: (651) 266-8688 1. Address of Property bein� A '7 � ��i� 1 f l�, l 4. Name of Owner: �--� U/ Addres�: � 1 S � � �,1D��,. Phone Numbers: B 2. Number of Dwelling Units: V 10-512 'n�C. . � <+�i�C� APK U 2 20)0 �� �+.�i� 3. Date of I,etter Appealed: 3 �Zvl�' , � zip: 53�� ��� !� Celiular ��'"`�°�� 5. Appellant / Applieant (if other than owner): Address: Phone Numbers: Husiness Ciry: 3tate: Zip: Residence 6 State specifically wha2 is being appealed and why (Use an attachment if necessary): s 4 ���Vt� �mn��t`Z?lt�Sra.�°-� (���Y4'ln�eCYl ���Si1^�� 1"�',� ��VtS! �L' d � Iy.. yC„ lT" �er� ! ��n �r��=� �s f��arrzs�+ l�c1i �i �� 5�z�tvsP � ��r,�vr c.t�;� ��� ,�a�, v�c�i;ee `�-F cv�� �� r s' �9�`' fi�'rt'l" I, vt<' iz "t�ntiv? � A;c: t t! c� e�, ���6 t/krt C� -�rt) j i � tn �1� � o�° Y s" ' r i 6,'-�k �� �U 1'}�-�S('1' ' 5i{A n`Y � � ' �-4- Vl� f�,� CL Vl,'�C�l 1r?fA'i k' a NOTE; A$25.00 filing fee made payable to t�is Ciry of Saint Paul mi�st accampany this applicatian as a necessary concition for frlirg. You must attac� a copy of the original oxdeis ann any ofner correspondence relative to this appea' Any person cnsausfied by the sinal aecision of the City Councii �zy �btain j�adicial review by timeiy fiIing o; an action as pro by 1aw ir, Bistrict Court. Date Received: �/�-� �c� For Cellular Fee Received: Receipt Nu er: � � � c�� � 3 �a �� ( ilate o� Heannb: ��` l� �l ��� Mazch 25, 201D CITY OF SAINT' PAUL DEPARTMENT OF SAFETY AND INSPECTIOtiS DNISION OF CODE ENFORCEMENT 375 Jackson Street, Suite 220 Saint Paul, MN 55101-1806 SUMMARY ABATEMENT ORDER Y og hais tias ko� hais lu; Hmoob thiab koj tsis to taub tsab ntawv no, hu rau ms txhais :us ntawm (5� I) 266-8989. Nws yo� pab dawb zwb.Si necessita un traductor, por favor Ilamanos al (651)266-8989. �'o costo 7oxa.iv�v viass?vr��� 14518 DEVITT AVE NW MONTICELLO MN 55362-6113 As owner or person(s) responsible for: 1011 ARMSTRONG AVE you are hereby ordered to eliminate all ' nuisance conditions which are in violation of Chapter 45 of Saint Paul Legislative Code. Shut off the gas and water services at the above referenced property or install an excess gas fluw valve (EFV} after each gas meter serving the building(s) in order to decrease the risk of fire, expl�sion or related dangerous conditions. _ If you do not correct the nuisance ar file an appeal befoze Apri14, 2010, the Caty will conect tha nuisance azld charge all costs, including boarding costs, against the property as a special assessment to be collected in the same way as property Yaxes, If the City corrects the nuisance, the chazges will include the cost of correction, inspection, travel time, equipment, efa The rate will be approximately $260.00 pez Yaour, plus expenses for abatement and a minimum of $375.00 per excess flow valve installed. FAiLURE TO COMPLY MAir RESULT IN A CRIMINAL CITATION Issued By: Jeff Hawkirts Badge: 319 Plaone: 651-2l�6-9083 If you have any q_uestions about this order, the requirements or the deadline, yon shou]d contact the Inspeetor listed above, Monday through Friday. Aooeals_ You may appeal this order and obiam a hezrmg Uefore the City Counc�l by compleung an appeal apphcation wiUi the C�ty Clerk before tiie appeal deadline no[ed above or seven (7) days after the date mailed, whichever comes first No pn als v be filed after tha[ d[e You m v obt m n on a] appl�canon from the CiN Clerk's Offiee Room "] D C t Hali St Paul MN 55102 The telephone number �s (6S 11266-8688 Yau must submit a coov of [h�s Correchon Order w th wi r appeal aool at o. Reeipients Sohann Massmann 74518 Dev�tt Ave Nw Montmelio ��IN 55362-61 �3 saef�� 03/10 �o-siz April 2Q 2010 I,egisiative Hearing Minutes Page 10 6. Appeal of Johann Massmann to a Summary Abatement Order for property at 1017 Armstrong Avenue. Johann Massmann, properiy owner, appeared. Jeff Hawkins, DST — Vacant Buildings, appeared on behalf of the department. Mr. Hawkins read into the record the ordinance concerning the requirement to install an excess flow valve at vacant buildings: Sec. 43.03. (d) In order to decrease the risk of fire, explosion or dangerous conditions, the owner shall install an excess flow automatic gas shut-off valve ("excess flow valve") on the building's gas piping immediately downstream of the gas meter outlet within sixty (60) days after the designation of any building or portions thereof classified under Saint Paul Leg. Code § 43.02 (7) as a category II or a category III vacant building. If the owner fails to install an excess flow valve, the enforcement officer, under the authority of Saint Paul Leg. Code § 45, may install the excess flow valve on the building and enter the building if necessary. The costs incurred by the city for installation of the excess flow valve shall be assessed against the property as a summary nuisance abatement under the provisions of Saint Paul Leg. Code § 45. Owners of category IJ or IIT vacant buildings with active water and gas service on the effective date of this ordinance shall have sixty (6Q) days following the effective date of this Qrdinance to install an excess flow valve. Prior to installation of the excess flow valve, the owner, or another who can demonstrate a secured interest in the property must obtain the required permits from the Department of Safety and Inspections. Any excess flow valve model must be approved and installed as required by the Department of Safety and Inspections. Mr. Hawkins stated that Mr. Massmann would either have to shut off the gas and water at the property or install a gas flow valve if the property were to remain vacant. Mr. Massman responded that there since there wasn't any copper piping in the building, there would be no danger of pipes being stolen and gas leaking. Mr. Hawkins responded that since there was no copper piping, it would be reasonable to turn the gas off at the meter. Ms. Moermond recommended denying the appeal.