Title
Denying a stay of enforcement of demolition for property at 587 COOK AVENUE EAST. (Amend to grant a 180 day stay of enforcement)
Body
AMENDED 12/14/2022
WHEREAS, on June 8, 2022, the Saint Paul City Council adopted Council File RLH RR 22-23, which ordered the removal of 587 Cook Avenue East within 15 days; and
WHEREAS, following the Council decision on the matter a request was made by Jerry Krippner, to review this case again and consider granting a stay of enforcement based on a purchase agreement signed by a third party; and
WHEREAS, on July 13, 2022, the City Council referred the matter back to the Legislative Hearing Officer for reviewing on July 26, 2022 in order to develop a recommendation on whether the Council should grant a stay of enforcement of RLH RR 22-23; and
WHEREAS, the Legislative Hearing Officer's recommendation to the City Council was forthcoming pending this review to grant an stay in order for Jerry Krippner or a 3rd party to 1) provide a written contract agreement for the rehabilitation, noting that title cannot be transfer until rehabilitation is completed; 2) develop and submit for consideration rehabilitation plans; 3) provide evidence of financing sufficient to execute these plans and an affidavit indicating those funds will be dedicated for this purpose; and 4) post a $5,000 performance deposit; and
WHEREAS, the matter was reviewed on July 26, August 9, August 23, September 27, October 11, and November 22, 2022 under Files RLH RR 22-45 and SR 22-132 during which 3 4 proposals were brought forward by Mr. Krippner, the first 2 3 of which failed to meet the Council's conditions; and
WHEREAS, the Legislative Hearing Officer considered a 3rd incomplete proposal on October 11, 2022 for the rehabilitation of the property, and based on this review recommends referring the matter back to Legislative Hearing for additional consideration on November 22, 2022 only if the following conditions are met 1) a revised signed contract for the rehabilitation by another party is provided and found acceptable; 2) evidence of financial capacity to execute the project is provided with an affidavit indicating those funds will be dedicated specifically for this purpose; and 3) a performance deposit is posted with the Department of Safety and Inspections; and
WHEREAS, in the event the matter is was not referred to Legislative Hearing November 22, 2022 because of a failure to meet the conditions, the Legislative Hearing Officer recommends recommended that the City Council deny the stay of enforcement and to order the building be removed within 15 days with no option for repair if the conditions are not met by August 23, 2022;and
WHEREAS, the proposal to rehabilitate the property submitted in order to get a recommendation for referral back to Legislative Hearing on November 22, 2022 was withdrawn and an alternative proposal with a new rehabilitation partner, Matt Heimann was submitted; and
WHEREAS, the Heimann-Krippner proposal to rehabilitate the property met the following conditions: 1) code compliance inspection completed; 2) performance deposit posted By Mr. Heimann; 3) rehabilitation plan, including a schedule for its execution and bids was provided; 4) financing sufficient to execute the plans was demonstrated and an affidavit indicating the funds would be dedicated for this purpose were provided; and
WHEREAS, the Department of Safety and Inspections and the Legislative Hearing Officer concur that the submitted information meets the conditions and the Legislative Hearing Officer recommends that the City grant a stay of enforcement of Council File RLH RR 22-23, an order to abate the nuisance condition at this property, for 180 days; Now, Therefore, Be It,
RESOLVED, that the Saint Paul City Council hereby denies grants the a 180 day stay of enforcement of RLH RR 22-23.