10-816Council File # �-1�0-�-�816
Green Sheet # -til�L,l-7 U-1
Presented by
RESOLUTION
F S,dINT PAUL, MINNESOTA ��
1 WHEREAS, adverse action was taken against a11 licenses held by Diamond Dewey's, Inc. cVb/a
2 Pub East (License ID #067176) for the premises located af 1180-7�' Street East in Saint Paul by Notice of
3 Intent to Suspend Licenses dated March 29, 2010, alleging that the building the licensee leased was
4 inspected by Nuisance Building Code Enforcement on February 18, 2010, and found to meet the definition
5 of a Vacant Buiiding; and
6
7 WHEREAS, on February 18, 2010, the Certificate of Occupancy for the building was then revoked
8 by Saint Paul Fire Inspection; and
9
10 WHEREAS, the Notice of Intent to Suspend Licenses was sent to the licensee's business address
11 on March 29, 2010, and was returned by the United States Post Office labeled "return to sendex-not
12 deliverable as addressed-unable to forwazd"; and
13
14 WHEREAS, a copy of the notice was also sent to licensee's home address but the licensee failed to
15 respond to the Notice of Intent to Suspend Licenses to request a publac ar administrative hearing by the
16 Apri16, 2010, deadline; and
17
18 WHEREAS, on April 12, 2010, a letter was sent by the property owner's attorney requesting an
19 administrative hearing based on their objection to the classification of the properry as Vacant Class II; and
20
21 WHEREAS, on May 7, 2010, a letter was sent to the pxoperty ownex's attorney stating that City
22 Council denied their appeal on Aptil 21, 2010, and that the administrative hearing he requested would
23 only address the issue of whether active Iicenses can be held in a vacant building not the vacant building
24 determination; and
2>
26 WHEREAS, on June 14, 2010, the property owner and his attorney met with the Department of
27 Safety and Inspections and the City Attorney to discuss the licenselmanagement agreement issue because
28 the licensee was no longec operating at that location and entered into a management agreement with the
29 property owner; and
30
31 WHEREAS, after the meeting, the prQperty owner and his attorney requested a few days to make a
32 decision as to how they wanted to proceed; and
33
34 WHEREAS, on June 29, 2010, a letter was sent to the property owner's attorney requesting that
35 they decide how they wish to procead and contact the Department of Safery and InspectiQns or the City
36 Attorneys Office by July 13, 2010 with their decision; and
37
38 WHEREAS, neithet the property owner nor his attorney responded to the letter by the July 13,
39 2010 deadline; now, therefore, be it
40
70-816
41 RESOLVED, the all licenses held by Diamond Dewey's, Inc. dfbfa Pub East are hereby suspended.
Boshom
C3[IB7
H3iiiS
Stark
Thune
Adopted by Council: Date ��
Adoption Certified by Coa il Secretary
By: �/�
Approve ayo . ate �J���lU
B
Requested by Department of:
� A����ry3'
1 +�-
BY: � r ' �
FormA}�n� ed by City Attomey
BY� {/ Gi,G �Ll.�i►^'
�
Form Appr v d b ayor f r ub " sio to Council
By:
10-816
� Green Sheet Green Sheet Green 5heet Green Sheet Green Sheet Green Sheet �
S � _ Dept. of Safety &
ConWct Person & Phone:
Rachel Tierney
266$710
74 JUL 2010
�1 °
1
Assign 2
Number 3
For
Routing I 4
OMer g
Green Sheet NO: 3115949
Departm 2n[DireCtor �I
(.1tv Attornev
Mayor/ASSistant
� City� � Couucil - I
CiN Clerk i
Must Be on Council Agenda by
2S-JUL-10 ( A xv� A1 �
Dot. Type: RESOLUTION
E•Document Required: Y
Document ConWC4 Julie Kraus
Contad Phone: 2668776
ToWI # of Signature Pages _(Clip Ali Locations for Signature)
Action Requested: I �
Approval of the attached resolution to take adverse acrion against all licenses held by Diamond Dewey's, Inc. dlbJa Pub East (License I
ID #067176) for the premises Located at ll80-7th Street East in Saint PauL.
Recommendations: Approve jA) or Reject (R):
Ptanning Commission
CIB Gommittee
C�vil Service Commission
Personal Service Contracts Must Answer the Follow'mg questions:
1. Has this person/firm ever worked untler a contract for this department?
Yes No
2. Has this person�rm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not �ormally possessed by any
currettt city employee?
Yes No
Explain afl yes answers on separate sheet and attach to green sheet.
Initiating Problem,lssues, OpportunHy (Who, What, When, Where, Why):
The building the licensee leased was inspected by Nuisance Building Code Enforcement on February I$, 2010 and found to meet the
definidon of a Vacant Building. The Certificate of Occupancy was then xewked by Saint Paul Fixe Inspection.
Advantages If Approvetl:
Suspension of all licenses.
� DisadvantageslfApprovetl:
� Disadvantages if Not Approvetl:
Total Amount of
Transaction:
Funtling Source:
Financiat fiformation:
(Esplain)
CosURevenue Sudgeted:
Activity Number.
July 14, 20'(0 134 PM Page 1
10-816
DEPARTMENT OF SAFETY AND INSPECTIONS
SteveMagner, ManagerofCodeEnforcement
Cj'j'1' QF' ,S,�j�7'j' pAjJj, Nu�sance Bvi(ding Code Enforcemeni
ChnslopherB Coleman, Mayor 375 Jackron Sneet, Smte 220 651-266-8989
SaintPmd,MN55101-7806 651-266-1919
wwwstp_aul vov/dst
February 18, 2010
Steven F Trumble
868 Winthrop St S
StPaul MN 55119-5651
VACANT BUILDING REGISTRATION NOTICE
The premises at 11&0 7TH ST E
has been inspected and found to meet the legal definition of a Vacant Building as described in
Saint Paul Legislative Code, Chapter 43. You are required to register this building with the
Department of Safety and Inspections, Vacant $uildings Division, by filling out and returning
the registration form provided with this letter. You are alsa required to pay the annual
Vacant Building Registration Fee of $1100.00. The fee is due upon receipt of this letter
and must be paid no later than thirty (30) days from the date of this letter, as required in
Saint Pau] Legislative Code Chapter 43. If this building is vacant due to a fire, complete the
enclosed registration form and return it to this office within 30 days.
Please return the enclosed registrafion form along with your payment by March 18, 2010.
Do not mail cash.
If you wish to pay in person, you may do so from 8:00 a.m. to 4:00 p.m. Monday through Friday at:
DEPARTMENT OF SAFETY AND INSPECTIONS
375 Jackson Street, Suite 220
Saint Paul, MN SS 10l -1806
You may file an appeal to this fee or registration requirements by contacting the Office of the
City Clerk at (b5l ) 266-8688. Any appeal of this fee must be made within ten (1Q) days of the
date of this notice.
If the registration fee is not received in this office within 45 days of the due date the full
amuunt owed will6e assessed to, and collected with, the taxes for this property as
permitted by Saint Paul Legislative Code Chapter 43.
The Code Enforcement Officer has notified the $uilding Inspection And Design Section that
this property meets the legal definition of a registered vacant building and in accordance with
Legislat'rve Code Chapter 33, no permits (except demolition, wrecking and removal permits) will
he issued until the requirements of all applicable ordinances aze fulfilled.
An Affirmative Action Fqual Oppottunity Employer
10-816
February 18, 2010
1180 7TH ST E
Page 2
WRITTEN PERMISSION FROM THE CITY OF SAINT PAUL IS REQUIRED BEFORE A
CATEGORY 2 OR CATEGORY 3 VACANT BUILDING CAN BE SOLD.
Category 2: Requirements include: 1. register/re-register the bu9lding, 2. pay outstanding fee(s), 3. obtain
a code compliance report, 4. submit for approval a rehab cost estimate from a licensed
contractor and a schedule for completion of all code compliance work, and 5. submit proof
financial responsibility acceptable to the C'rty, and 6. obtain Zoning approval of the
proposed use.
Category 3: All requirements listed for Category 2 vacant buildings, AND obtain a Certificate of
Occupancy OR Certificate of Code Compliance priar to the sale of the building.
If the use of this building meets the definition of a nonconforming use by the Zoning Code then the
use will lose its nonconforming status 365 days from the date the building was declazed vacant.
You must contact the Enforcement officer, Rich Singerhouse,
at 651-266-1945 ta find out what must be done before this
building can be legaily reoccupied.
The Enforcement Officer may declare this building(s) to constitute a Nuisance Building subject to
demolition and issue an Order to Abate under authority of Legislative Code Chapter 45. In the
event this building is daclared a Nuisance Building subject to demolition, the Enforcement Officer
wi11 notify all owners and interested parties of the Order to Abate, as provided in the Legislative
Code Chapter 45.
If you have questions about this annual registration fee or other vacant building requirements,
please contact the Enforcement Officer, Rich Singerhouse, at 651-266-]945.
This registration form and fee is requized by law. Your prompt attention to this matter is appreciated.
Thank You,
Steve Magner
Vacant Buildings Program Manager
Department of Safety and Inspections
Enclosuzes: Regulations Requirements Information
Vacant Building Registration Form
SM: dj
vb_reg�stration notice_mdividual 10/09
Copies of this letter have been sent to:
Clazk Equities Llc
5353 Gamble Dr Unit 310
Minneapolis MN 55416-I510
Steve Trumble
I] 80 7th Place E
St Pau1 MN 55106
10-876
DEPARTMENT OFSAFEl'Y AND INSPECTIONS
Fire Inspection Divis�on
Bob Kessler, Birecior
CTI'Y OF SAINT PAUL
Chnstopher B. Coleman, Mayor
February 18, 2010
375 Jackton Street, Suue 220 Telephone: 65L266-8989
SaintPaul, Mznn<so[a 55J01-1806 Facsi»ute: b51-266-8951
Web: www.stp¢ul ovldsi
STEVE TRUMBLE
1180 7TH PLACE E
ST PAUL MN 55106
Revocation of Fire Certi�cate of Occupancy
RE: 11 &0 7TH ST E Ref. # 10868
Dear Property Representative:
Your building was determined to be unoccupied on February 18, 2010. Since certificates are for
the occupancy of buildings, it has become necessary to revoke the Certificate of Occupancy.
Saint Paul Legislarive Code provides tbat no building shall be occupied without a Certificate of
Occnpancy. In order to re-occupy the building, the following deficiencies (if appficable) must be
conected and a complete Certificate of Occupancy inspection will be required.
AEFICIENCY LIST
1. BUII.DING - SPLC 33.05 - Uncertified portions of the building must not be occupied
untii inspected and approved by this office.
For an explanation ar information on some of the violations contained in this repori, please visit
our web page at: http:llwww.ci.stpaui.mn.uslindex.aspx?NID=211
You have the right to appeal these orders to the I,egislative Hearing Officer. Applications for
appeals may be obtained at the Office of the City Clerk, 310 City Hall, City/County Courthouse,
1� W Kellogg Blvd, Saint Paul MN 55102 Phone: (651-266-8688) and must be filed within 10
days of the date of this order.
If you have any questions, email me at: kevin.chapdelaine@cistpaul.mn.us or call me at
651-266-8945 between 7:30 - 9:0� a.m. Please help to make Saint Paul a safer place in which to
live and work.
Sincerely,
Kevin Chapdelaine
Fire Inspector
An Equal Opportunity Employer
10-816
SwINT
PAUL
�
AAAA
CfTY OF SAINT PAUL
ChnstopherB. Coleman, Mayor
OFFICE OF THE CITY ATTORNEY
John J. Choi, C�ryAttomey
Telephone. 657 266-8710
Facsrmi7e: 657 298-5619
Match 29, 2010
Civii Division
400 Ciry Hall
15 West Ke!logg Blvd.
Saint Paui, Minnesota 55102
NOTICE OF INTENT TO SUSPEND LICENSES
Cynthia Tromble
Pub East
17 80-7` Street East
St. Paul, MN 55106
RE: All licenses held by Diamond Dewey's, Inc. d/bla Pub East for the premises located at I 180-7`�'
Street East in Saint Paul
License ID #: 067176
Dear Ms. Tmmble:
The Department of Safety and Inspections (DSI) will recommend suspension of all licenses held by Diamond
Dewey's, Inc. d/61a Pub East for the premises located at ll 80-7 Street East in Saint Paul. The basis for the
recommendation is as follows:
On February 18, 2010, you were sent two letters from the Department of Safety and
Inspections. The VACANT BUII.DING REGISTRATION NOTICE sent by Nuisance
Building Code Enforcement, stated that on February 18, 2010, your building had been
inspected and found to meet the lega{ de�nition of a Vacant Building. The
REVOCATTON OF FIRE CERTIFICATE OF OCCUPANCY sent by the Fire
Inspections Division, stated that because your building had been determined to be
unoccupied that it became necessary to revoke your Certificate of Occupancy.
Saint Paul Legislarive Code §4QA1 sfates: "All existing buildings in #he city are required
to have and maintain a fire ceriz'frc¢te of occupancy, issued by the fire marshal, The
cerfifuate shall be an indicalion that the building meets, a1 the time of inspectian, all
relevant codes to maintain the health, s¢fety and welfare of the buildrng's occupants and
the general public. It shall be a misdemeanor to rent or tease, or permztthe occupancy of,
a buitding or structure or portion thereof which does not have a fire cerhj'icate of
occupancy."
70-$16
Pub East
March 29, 2010
Page 2
At this Ume, you have two oprions on how to proceed:
If you wish to admit the facts but contest the penalty, you may have a public hearing before the Saint Paul
City Council, you will need to send me a]etter with a statement admitting the facts and requesfing a public
hearing. We will need to receive your letter by Tuesday, Aprii 6, 2010. The matter will then be scheduled
before the City Council for a public hearing to determine 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 Administrative i,aw Judge. At that
hearing both you and the City will be able to appeaz and present witnesses, evidence and cross-examine
each otheis witnesses. The St. Paul City Council wil] ulrimately decide the case. If this is your choice,
please advise me no later rhan Tuesday, Apri16, 2010, and I wi1] take the necessary steps to schedule the
adminisuauve hearing.
If you have not contacted me by that date, I will assume that you are not contesting the suspension of
your licenses. In that case, the matter wili be placed on the CounciPs Consent Agenda For approval of the
recommended penalty.
If you have questions about these options, please fee3 free to contact me at 266-8710.
Sincerely,
v,��� �
Virginia D. Palmer
Assistant City Attorney
���� � ��
cc: Christine Ro2ek, Deputy Director of DSI
Cynthia Trumble, 868 Winchrop Screet South, St. Paul, MN 55119
Karin DuPaul, Commumty Organizer, Dayton's Bluff District 4 Community Council
798 East Seventh Street, St. Paul, MN 55106-6625
10-816
STATE OF MINNESOTA)
) ss.
AFFIDAVIT OF SERVICE BY U.S. MAIL
COUNTY OF RAMSEY )
Julie Kraus, being first duly swom, deposes and says that on the��i� day of
Mazch, she served the attached NOTTCE OF INTENT TO SUSPEND LICENSES by placing
a true and correct copy thereof in an envelope addressed as follows:
Cynthia Trumble
Pub East
1180-7�' Street East
St. Paul. MN 55106
Cynthia Trumble
868 Winthrop Street South
St. Faul, MN 55119
Karin DuPaul, Community Organizer
Dayton's Sluff Aistrict 4 Community Council
798 East Seventh Street
St. Paul, MN 55106-6625
(which is the last known address of said person} depositing the same, with postage prepaid, in the
United States mail at St Paul, Minnesota.
� ���—J
J e Kraus
Subscribed and swom to before me
this o��/'�` day of March, 201Q
��-� /`2�� �- �J�.v��_
Notary Publ'rc
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10-816
OFFICE QF THE CITY ATTORNEY
Gerald T. Hendrickson, City Attorney
CITY OF SAINT PAUL c��a o�v«oa Telephone. 651 266-5710
Mayor Christopher B. Coleman 400 City Hall Facs�mile: 6S7 298-5639
IS West Kellogg Sivd
Saint Paul, Mmneota 55102
May 7, 2010
MicBael M. Bader, LLC
Attomeys at Law
2300 US Bank Center
101 East 5�' Street
St. Paul, MN 55101
RE: All licenses held by Aiamond Dewey's Inc., d!b/a Pub East for the premises located at
1180 — 7`" Street Bast in St. Paul.
License ID #067176
Mr. Bader:
Based on our conversation, the Depaztment of Safety and Inspections (DSn put a hold on pursuing
adverse action against the above-mentioned licenses, until a deternrination was made by the City Council
regarding the status of the building ]ocated at 1180-7"' Street East. On April 21, 201Q the City Council did
in fact find the building to be vacant and denied yout aQpeal,
On AprS] 12, 2010, prior to the Council's deternvnation, we received your request for an
administrative hearing based on your objection to the classification of the property as a Category II Vacant
Building. Please be awaze that if we proceed with an administrative hearing, the only issue at the hearing is
whether active licenses can be held in a vacani building. An Administrative Law Judge does not have
jurisdiction ta evaluate the merits of the vacant building determination.
I assume if yQU choose to move forward with a heacing, that you will be represenung the licensee of
record, Cindy Trumble and not the building owner, Jerry Clazk.
Please let me know no ]ater than Monday, June ?, 2010, if you wish to proceed with an administrative
hearing. If you have questions please feel free to contact me at 266-8710.
Sineerely,
` , c����
Rachel Tierney
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
An Affirmative Acuon Fqual Opportuntty Employer
STATE OF MINNE50TA)
) ss.
COUNTY OF RAMSEY )
10-816
AFFIDAVIT OF SERVICE BY U.S. NTAIL
Julie Kraus, being first duly sworn, deposes and says that on the �� day of
May, she served the attached LETTER by placing a true and correct copy thereof in an envelope
addressed as follows:
Michael M. Bader, LLC
Attorneys at Law
2300 US Bank Center
101 East 5`� Street
St. Paul, MN 55101
(which is the las[ known address of said person) depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
,
� �
Julie Kraus
Subscribed and sworn to before me
this �7�' day of May, 2010
��9��-���� . sr�—�
Notary Public
RiTA IN. BOSSARO
MORARY PllBLIC • tANNESOTA
1AY COMAAISSION
D(PIRES JAN. 31, 2015
10-816
SAtNT
PnUL
�
AAAI!
CITY OF SAINT PAUL
Chnstopher8. Co%man, Mayor
OFFICE OF THE CITY ATTORNEY
Ge�ald T Hendrickson, CityABomey
Te(ephone: 651 266-87> 0
Facsrmrle. 65t 298-5619
June 29, 2010
Michael M. Bader, LLC
Attorneys at Law
2300 US Bank Center
101 East 5`�' Street
St. Paul, MN 55101
Civil Division
400 City Hal1
>5 West Kellogg 8/vd.
Sainf Paul, Minnesofa 55i02
RE: All licenses heid by Diamond Dewey's, lnc. d(bla Pub East for the premises ]ocated at I 180-7
StreetEast in SaintPaul
LicenseID #:067176
Dear Mr. Bader:
On June ] 4, 2010, you and yoor client Jerry Clark met with Christine Rozek and me to discuss status of the
1 icenselmanagement agreement. At the end of the meeting, you indicated you would contact either me or Christine within
a few days regarding how you wished to proceed. As of today's date we have received no response from you or your client.
If you do not respond to this letter by Tuesday, July 13, 2010, we will move forward wfth adverse action and
request t1�at the City Council suspend all licenses. If yau have questions, please fee) free to contact me at 266-$710.
Sincerely,
�c�. � `1''�—
Rachel Tierney
Assistant Csty Attomey
cc: Christine Rozek, Deputy Director of DSI
AffirmativP Ar.tinn Fmial (lnnnm�mtv FmnlnvPr
STATE OF MINNESOTA)
) ss.
COUNTY OF RAMSEY )
10-816
AFFIDAVIT OF SERVICE BY U.S. MAIL
Julie Kraus, being first duly sworn, deposes and says that on flie���day of
June, she served the attached LETTER by placing a true and correct copy thereof in an
envelope addressed as follows:
Michael M. Bader, LLC
Attorneys at Law
2300 US Bank Center
101 East 5�' Street
St. Paul, MN 55101
(which is the last known address of said person) depositing the san�e, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
U.J✓�L.�
Ju �e aus
Subscribed and sworn to before me
this �C �` day of June, 201 Q
(/ ��� � ���
Not y Public
� RiTA M. BpSSARO
NOTARY PU81.IC • AdNNESOTA
1�AYCOMMISSIO(d
D(PIRES JAN, 31, 20� F �
n.�.,:.:.,,;
Chapter 40. Fire CertificaCe af Occupa�acy
Chapter 40. Fire Certificate of Occupancy
Sec. 40.01. Fire certificate of occupancy requirement.
10-$16
Fage 1 of 12
(a) Ail existing buildings in the city are required to have and maintain a fire certificate of
occupancy, issued by ihe fire marshal. The certificate shall be an indication that the buifding
meets, at the time of inspection, all relevant codes to maintain the heaith, safety and welfare of
the building's occupants and the generaf public. it shalt be a misdemeanor to rent or lease, or
permit the occupancy of, a building or structure or portion thereof which does not have a fire
certificate of occupancy.
(b) Provisional certificate of occupancy. {f an owner-occupied dweliing changes to a rental
dwelling unit, the owner of tfie dweiling must appfy and pay the fee for a provisional certificate of
occupancy within thirty (30) days of the change in use. Failure to apply for a provisional
certificate of occupancy is a misdemeanor.
(G.F. No. 06-i129, § 1, 1-24-07; C.F. No. 09-122, § 1, 2-25-09)
Sec. 40.02. Exception of owner-accupied buildings.
Owner-occupied single-family houses, owner-occupied duplexes, and owner-occupied
condominium units shall be exempted from the requirement to have and maintain a fire certificate of
occupancy.
(C.F. No. �6-1129, § 1, 1-24-07; C.F. No. 09-122, § 2, 2-25-09)
Sec.40.03. Definitions.
Unfess otherwise expressly stated, the foifowing terms shali, for the purpose of this chapter,
have the meanings indicated in this section.
Authorized agent. An individual(s) with legai authority and capable of executing documents for
the sale of the building(s) and authority over the proceeds of such sale.
Buifding. Any structure intended for supporting or sheltering any use or occupancy, including
the land surrounding the structure. If the building is a multi-unit residentiai dweifing, a hotef or motel, or
a commercial or office building, the term "building" for purposes of this ordinance means only the
portion of the building within or outside the siructure in which a nuisance is maintained or permitted;
such as a dweliing unit, room, suite of rooms, office, common area, storage area, garage, or parking
area.
Certificate of occupancy. A document issued by the city buiiding oificial under the author+ty of
both state and city buiiding codes indicating a newly constructed or substantialiy rehabilitated structure
is, at the time of inspection, code compliant, habitable and otherwise meets all requirements for its
intended use.
Commercia/ building. Any nonresidentiai structure, the surrounding land and accessory use
structures.
Dwelling. A building that contains one-, two- or multipie dwelli�g units, intended or designed to
be used, rented, leased, let or hired out to be occupied for fivfng purposes.
Family. One (1) or two (2) persons or parents, with their direct lineal descendants and adopted
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