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Home My WebLink About2015-02-18 PACKET 08.A. REQUEST OF CITY C,OUNCIL ACTION COUNCIL AGENDA MEETING ITEM � DATE 2/18/15 . � PREPARED BY: Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR ************************************************ COUNCIL ACTION REQUEST: Consider approving the Resolution and Order to Repair or Remove the Structure at 7359 West Point Douglas Road (The Rush). STAFF RECOMMENDATION: Adopt the resolution. BUDGET IMPLICATION: $ BUDGETED AMOUNT ADVISORY COMMISSION ACTION ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ SUPPORTING DOCUMENTS DATE $ ACTUAL AMOUNT FUNDING SOURCE REVI EWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ APPROVED ❑ ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ � MEMO/LETTER: Memo from Kori Land, City Attorney � RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Building Official Report, Supporting Photographs, Search Warrant ADMINISTRATOR'S COMMENTS a �� City Administrator Date ************************************************ COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER LEVANDER, GILLEN & MILLER, P.A. r1TTURNEYS AT LAVV MEMO TIMOTHY J. KUNTZ DANIEL J. BEESON *KENNETH J. ROHLF �STEPHEN H. FOCHLER 4JAY P. KARLOVICH ANGELA M. LUTZ AMANN *KORINE L. LAND o*DONALD L. HOEFT DARCY M. ERICKSON DAVID S. KENDALL BRIDGET McCAULEY NASON HAROLD LEVANDER 1910 ARTHiJR GILLEN 1919 • ROGER C. MII,LER 1924-2009 *ALSO AD\4ITTED 1N \VISCONSW 9 ALS0 ADhI17TED IN NORTH DAKOTA �AL50 AD\fITiED IN TfASSACHUSETTS oALSO AD\fl'ITED IN ORLAHO\IA TO: The Honorable Mayor & Members of the City Council FROM: Kori Land, City Attorney DATE: February 18, 2015 RE: Request to initiate Minn. Stat. 463 at 7359 West Point Douglas Road City Staff is requesting that the Council initiate an action for abating a hazardous building at 7359 West Point Douglas Road, more commonly known as The Rush. The conditions at the property are so deplorable that it has been posted as condemned. The building has not been occupied since December 2007 and has been deteriorating intei and externally since that time. The property owner does not appear to be willing to take any remedial action, thei•efore, in order to preserve the City's ability to clean up the property and assess the costs, we are recommending moving forwai•d with the fii•st step, which is for the Council to issue an Order requiring the clean-up of the property. The process to pursue an action against a hazardous building or property is articulated in Minn. Stat. §463.15 tl�u•ough 463.25 L While much of the statute focuses an uncooperative property owner, there is a provision in 463.151 for >>oluntary abatement, which allows the City to remove the hazardous condition and assess the costs against the property, with the owner's consent. We have not yet been able to contact the owners about a voluntary abatement; therefore, we are recommending pursuing the standard abatement procedure at this point. The process is as follows: 1. Building Official's Report. The Building Official prepares a report on the status of the building to present to the City Council, articulating the facts that malce the building or property hazardous. The statute defines "Hazardous building or hazardous propei�ty" as "any building or property, which because of inadequate maintenance, dilapidation, physical damage, unsanitary condition or abandonment, constitutes a fire hazard or a hazard to public safety or health." (463.15 subd. 3) The report includes pictures to support the conclusion. 633 SOUTH CONCORD STREET • SUITE 400 • SOUTH SAINT PAUL, MINNESOTA 55075 • 651-451-1831 • FAX 651-450-7384 OFFICE ALSO LOCATED IN SPOONER, WISCONSIN 2. City Council's Order. Based on the Building Official's report, the City Council then issues an Order that the owner corrects or removes the hazardous conditions or razes or removes the building and provides a reasonable time to do so. 3. Service of the Order. Once approved by the Council, the Order is served on the owner and all lienholders in the same manner as a civil cout�t action. Within 20 days, the owner oz• a lienholder can selve an Answer specifying any facts in dispute. 4. I)efault Judgment. If no Answer is served and the owner does not comply with the timefiame in the Order, the City must file the Order with the court and ask the court for enforcement of the Order as a default judgment. The coui would hear the presentation of evidence and affirm or modify the Order and enter a judgment. 5. Contested Cases. If an Answer is served, then the action must follow the Rules of Civil Procedure, which involves discovery, trial and a judgment. If the City's Order is upheld following a trial, the court would enter a judgment and fix a time after which the building must be destroyed or repaired or the hazardous condition removed or corrected. 6. Enforcement of Judgment. If a judgment is not complied with in the time prescribed in the Judge's Order, the City may perform the work and assess the costs against the property as a special assessment. The Building Official's report is attached, which contains all of the relevant information the Council needs to adopt the proposed resolution. Action Requested: Consider approving the Resolution and Order to Repair or Remove the Structure at 7359 West Point Douglas Road in Cottage Grove 2 EXHIBIT The Rush Building 7359 West Point Douglas Road South Life, Health, and Safety Review Community Development Department February 13, 2015 Review of recent orthophoto imagery of the property revealed additional damage to previously identified damaged rooftop mechanicals. This condition creates the potential for rooftop breeches, which could allow elements and vandals to enter the structure. 1. PRE-FEBRUARY 5- ROOF VANDALISM 2014 Photo — Phase II Damage The Rush Life, Health Safety Inspection February 13, 2015 2. FEBRUARY 5 INSPECTION - ROOF TOP DAMAGE On February 5, 2015, Bob LaBrosse, Building Official for the City of Cottage Grove, and PJ McMahon, City Fire Marshal, gained temporary access to the roof top and interior of the structure with the owner's verbal permission and assistance from the owner's representative, Brian Decoux. The purpose of the inspection was to photo document the extent of the damage caused by the most recent vandalism. While on the roof, LaBrosse and McMahon visualized and documented openings in the roof that allowed access and weather elements into the building. During the inspection, McMahon operated a digital video camera, and LaBrosse operated a digital still photograph camera. During the inspection LaBrosse took the following photographs: - �, .�. -- .. � - �, ;� � y'�"��r _ . �', . ' �� r� \ ��,�-_ : �� . . �_\��'`;. � - - ,�"�' - _� �� . �� , ; :.�i � , r - l ,i i }. �, � r �.ag '`' . �. � J ' \ , / +� �� '-:��.� /d - \\�: - -''_ ,; , :�� . „` , -�a�' ,,. �4�6�� Ceiling penetration, damaged mechanicals, loose debris �.:`, � 1 i � Q�� d �� y\h 1� lKil'��, , �. ,,;' ,' ` ' �. ,�,� '� ,,�. ' 7 .. y: �: r} �� --- i � �� 7 r ` ' ' , , � -. , , a , ��;i�� „ ��,�� ;:,` ; � .,,!:"�� ' y'� /f . .r , � ��a�;;-y.-t. --.- !; ` -.-� � .- . , � e - ' , ` `'-tia, ,, ^ Y I J I -A� �, �: :'�-___.:.-. .� �� t �`��, � ��512015 Damaged mechanicals, loose debris 2�Page The Rush Life, Health Safety Inspection February 13, 2015 ;, ,'�,� ,., ,� . � .,\'�'-� � r,t ' � " - ' � � ��,. ,� . _, ., � � ;. .� ::.�{ `� = . ',,� 4� 4 '► ` ` ' � � ; ..,�x� a _ _ �: \ � . 1 . "� � - �'�'?. :.. arr"+� . �`� � � ; ^^� �•�. - � � � i ..z` � . _ � � � 1 ;�� d� �� .. � - �. !; .� - i � ti 1' ; {, � y ' � • � � .� � �;, �M� ;'�' �' � • • ' �'�00�0�9g _� �� , �- - ; � `, � , � _ :� �_ - • ,�,r,.� ;� :� /�" - - Ceiling penetration, damaged mechanicals, loose debris 3�Page Damaged mechanicals, electrical integrity, loose debris The Rush Life, Health Safety Inspection February 13, 2015 4�Page Ceiling penetration, damaged mechanicals, loose debris Ceiling penetration, damaged mechanicals, loose debris The Rush Life, Health Safety Inspection February 13, 2015 �� .;; ^t � �� ,4 � S� � � ` �5 x� � :Ea ` �� ` w r s 1` Ii 1 g '' V' � t � / ` '`��. . �- �._ 1_. , �� ;� , • ;�� -�� ■�. � >� _ -`'�� *�� .�' �4�J u.S- ..__ �Y�...e• � �� •i ��`- _- _ - -� �.�;� ' a � �- - ' : � .,�__�� .:- ` �V � _. �_ f T"' � -ti-�� ! �� (' 4:�. � � ..: r _ �� , ti _ � -. J 1� '�• '''� ►., � , •: • �` . }� , �� r _ _ ' n �. � � . `.,. , . . � , `^ � � r` � r— �. �� ::� Oo�00�4�9g �r�� - � Damaged mechanicals, gas line integrity, loose debris 3. FEBRUARY 5 INSPECTION - ILLEGAL DUMPING The site has a history of being a depository for illegally dumped debris. The photo below was taken from the roof on February 5, 2015 and indicates that the property continues to be a site of illegal dumping activity. 5�Page Damaged mechanicals, gas line integrity, loose debris The Rush Life, Health Safety Inspection February 13, 2015 4. FEBRUARY 5 INSPECTION - INTERIOR VIOLATIONS The purpose for the inspection of the interior of the building was due to the identified penetrations to the building and any subsequent damage from the invading elements that would be compounded to the damage that has not been fully addressed since the building was condemned in 2008. Immediately after the inspectors began documenting the interior conditions they were told by Mr. Decoux to discontinue documenting and questioned as to the reason for the documentation. Mr. LaBrosse explained that the City was documenting the condition of the entire building to make a determination if the building was hazardous per the State Statute Definition, and if so what those hazards are. Mr. LaBrosse was only able to get a photograph of one of the roof top penetrations before being asked to leave by the property owner's representative. LaBrosse reported that dark conditions prohibited him from thoroughly assessing new damage as compared to any of the previous known damage that was photo documented in 2008 and 2011. LaBrosse also reported apparent moisture and odors of mold and mildew in the structure. The previous damage was photo documented in 2008 and 2011 and could be utilized as the baseline for reviewing additional degradation of the interior. The conditions that LaBrosse was able to view were: • No water service to the building 6�Page Illegal Dumping 2015 Daylight showing through ceiling penetration The Rush Life, Health Safety Inspection February 13, 2015 • No hot water service within the building • Non-compliant water heater exhaust • No operable restrooms • No heating, exhaust systems, or ventilation • Dilapidated interior walls, ceilings, and floors • Hazardous electrical panel • Dismantled roof top equipment with parts and pieces strewn throughout the roof • Piles of wood and debris being stored interior of the building • No mold abatement has occurred since the water damage event from the 2008 water intrusion • Visible mold growth on ceilings, walls, and floors • No gas supply to the building • Powered electrical to ceiling light fixtures 5. FEBRUARY 11 - INTERIOR INSPECTION Based on the February 5 interior inspection being prematurely canceled by the property owner's representative, the City had to arrange for an alternative access method to the interior of the structure. Based on consultations with the City Attorney, it was determined that an administrative search warrant would be the best method in which to proceed with an interior inspection of the structure located at 7359 East Point Douglas Road. On February 10, 2015, Washington County District Court Judge Galler issued an Administrative Search Warrant with Bob LaBrosse identified as the Affiant. The Warrant is attached. A summary of the inspection is documented below. Inspectors Bob LaBrosse, Chief Building Official Rick Alt, Public Works Kevin Zittel, Public Works Greg Malcolm, Police Department Ryan Pierre, Police Department �=� �"� � _� ; ..- r ` � .,E„ � 1_ `J � � Inspection Safetv Note Gas meter was locked prior to inspection. Contrary to the condemnation order, electrical service is still on to the facility. City staff did not utilize the electrical system for the inspection due to safety concerns. Staff provided battery-powered lights for the inspection. 7�Page The Rush Life, Health Safety Inspection February 13, 2015 . . – k S ` .. . r . y i � � y t '� � � � 1 iA�fi��4!� ,� � - {i . � � � ♦yf �, r j � � , . j' , � �, - � �: �t , ' � � � . � . � \ �'� � �� i . t.. , \ � � ` ` '�k Sr F < < . i . . �I 1�'� . I j.� � � 1� y � �:� � ��.w�_� � �, �� ' j ( �`�,. fi� ! i a•. � � , � �-�„� , � ; ' . : .�� \ �_ i„�,",,;F� ,w �� - ' y y �� , , i� �t � , ' � , i � r � 11 � ` 1(�t t '. '. t � t � ! �`, % �� 4[—�'.'Z. �L1 i � f�`�it � a • � . . L� �� _ \ l � � �,� � � ' �� , I ;: ;" I, ` - ' �, � �> �`N� f f" -- \ ��.:- - � ,, _ _ � �� '�- �� _ , s , � ...�.�� _ " , r l � � �." ' F �, !��_ � � , � �j `� ) �...�� l .{ __ .. . . .. , /� .� "� ��. � '�� l�vi .J �' � _�,�. , ":-Y -_�-SS' — '�.I� . -' � ;�►.- , r�� - „r. �, -.� �. � _ �„ �!,•: _ r ` �i ;� �� . � �- '-: , ;� �'= � � r , ,, '/ � _ . � _ � 1 �' :•,'� , � ; r I � . �`�� - . .' - . � � ,. -�'��; L �� 1 ,. f�.-°- - .1-` ', ' ; ,� ��. F �C`' ��—/ � , . '. __�_ - .. •__._ Gas Lock Out Site Access Brian Decoux, representative of the property owner, opened the facility. The inspectors entered the premises at 1:00 p.m. They started the inspection in a back storage room, which was the only accessible entryway into the building. The following conditions were identified and documented: Storaqe Room • Disconnected water lines • Pile of wooden debris • Clear mold on ceiling panels • Clear mold on floor and wall areas • Sprinkler heads missing • Exposed wiring in the ceiling � � � ---�,.�- �, , ,, - --� , ; '" :; �-'—.-- ' , ` � , � ,;�, � . .t� f _.;�� , , i . . F_.�f � , _ � _ 'i. � � . � ` :. } 1 5 � 1''� � E�� . � ) �f .� ,. ' � ; ��'1 � '� ' e � , , I � :� � ' �" ° ' � y� I , ,� . , �' s/ �� : �� - � ; �. �, ' ` � �' �; , , ' - .�.1 .' � J � l i :xkp . �,� ��r' �� y . � ) _ `. � _ .� '. _ _.'1:! _�'_ r �.� . _ ��_ ._.. ./i�irt, t �� t� 8�Page The Rush Life, Health Safety Inspection February 13, 2015 - -- , . . _ � �< �\ �: . ;' � ". ' �„ � !/� �� . ,�•� �, i Bar Area • Rusted lighting fixture with snow (powered) • Mold on floor areas • Moisture within light fixture • Rusted main roof truss support beam • Roof opening • Noncompliant waste and vent l��,�� , -,� 9�Page The Rush Life, Health Safety Inspection February 13, 2015 Women's Restroom • Mold on the floor • A partial water stained wood floor • Dismantled women's restroom fixtures • All water lines have been disconnected • Fixtures demolished • Mold on ceiling tiles • Moisture in ceiling light fixture • Noncompliant electrical and light fixtures • Dismantled toilets allowing sewer gas into the building 10�Page The Rush Life, Health Safety Inspection February 13, 2015 ;--�.,, . z �� _ � 11 �Page � Noncompliant bathroom vent exhaust The Rush Life, Health Safety Inspection February 13, 2015 Storaqe Room between Bathrooms • Visible mold on the wall sections • Unsanitary conditions • Currently there is ice on the wall due to a water leak from th roof `: .l�yy�� ; � ��l� }� ��.-; ��' �.�'`c __ _ � � 4 I � i � y �� ..- n � : v�'� _ � - . ;?r_� � �� 7Z'fi ;7 A � � �� ' 7 :N� ;�< <i -,� I Y _ `�� !�_ 'p � ,�� i�i�,J''t� l �, . .�; :� f:� .,,, � � ' i,� M1 ii �� 1 ` +. � } 1 � _ } � f�;��1, � �' �� ie;1 I I �-� � 1 .. .i. � it� I l, 5 S" .-q �,/�*.. � � ,� ` !�� , F a�� s — ��f ` . 7 ` i ' i {� 1 `fi��'v1�+� l� � ��, � �r� � ��- ; ` , I�� ' : �,' :- � i t �- .� � �°>r - `; , � ":i . + C � ✓>'.' �� + �y � _ y ' �( � � . r � � : ' y ! e� t { er: r t .� r' � �,:_ � _ _ - � _ f � � `, . � � t� �-" . �=_ �� , �-- f S �� .... aY� � �j� J , i �`f i / � �; � � f , / . �t �` � y � � ' �, �� ,y 4f � �'� i +f .lf . . � � � \ :. � ��' i�� .�''� .l •f. , ;� � i p�� ,�. i �� , � �� > 'y� `� ;� � =: : `� { i f b J { \ � '� 1 ! �'f� ` _. � � _ -- — - r ' � ' x � � - �° ._ _ ��c:e. -- — "d , . -x . Men's Restroom • Noncompliant hand dryer connection 12�Page Electrical Room • Open and unsecured electrical panels • Disconnected, unsecured water heaters • Mold on ceilina aanels The Rush Life, Health Safety Inspection February 13, 2015 Assemblv Area • Piles of debris • Exposed wires • Mold on column • Rotting flooring members • Rotting ceiling tiles • Floor was buckled and rotted 13�Page • Dismantled roof top units with openings directly to the interior of the building The Rush Life, Health Safety Inspection February 13, 2015 .. ; �.` _ _ _. ° '' �" ? , �., �+ . r _ .-� ' � ,r�' � 4 ,� , , �'�'�„� � . -. �: . ' . .,.. . ;,1 ,.� , . � . . . , l ,� . ' � ,,� _. , , ._ • - - .... .. �: -�.� ._~��. _' ..-._'.. '._...._l.._e .. 14�Page �i. (�_+ ��.��) a �A�. The Rush Life, Health Safety Inspection February 13, 2015 : ''�J �'�?�,� �'�'� Back Kitchen/Bar Area • Mold on the floors • Noncompliant waste and broken piping allowing sewer gas into the room • Signs of vermin • Noncompliant electrical • Noncompliant mechanical , - :� ;; - L ��- : _� �'� ,': �� : �� .� > ; , ,�' .. � . , � `z� ':, ,;�` --�� i i_ ;;-; , . � , ;� � '.�.'.� � '� �� . � �$�Fff>,�� __ -- 15�Page The Rush Life, Health Safety Inspection February 13, 2015 Back Electrical Room ` , i , � , Staqe Area • Wet and frozen area from possible leaking roof • Rusted bar joist from an area that appears to be where the moisture is coming from the roof leak • Mold on the floor from leaking roof 16�Page The Rush Life, Health Safety Inspection February 13, 2015 Back Office • Mold on interior walls • Mold on floor • Noncompliant electrical • Noncompliant combustible construction material • Noncompliant exhaust venting 17�Page The Rush Life, Health Safety Inspection February 13, 2015 f � . / ' /. /- . �0990�J� Storaqe Room • Non-compliant fire suppression • Fire hazard storaae Cy' � s - ' �€�'OD� .. ��. � _., �� : s � f, �_ .�: . `. , � r 'I.�U� ` .� �,`' t � } � . �, 0. � . �; — .,� �:t_ F� ; e Y'; �` 18�Page The Rush Life, Health Safety Inspection February 13, 2015 • �• , • • -� • � , � Based on the February 11, 2015, inspection, the 2008 condemnation is reaffirmed by the City Building Official and the following actions need to be taken by the property owner prior to the City considering the issuance of a new certificate of occupancy for the structure: • Obtain building permit for restoration/renovation s Have mold abatement completed by a licensed contractor • Obtain commercial HVAC, Plumbing, and Electrical Permits • Provide engineering analysis on all rusted structural components s Provide code compliant water service utilities within building prior to the City turning water back on o Provide approved hot water service within the building • Provide code compliant water heater exhaust • Provide code compliant restrooms • Provide code compliant heating, exhaust systems, and ventilation • Mitigate hazardous electrical panels • Provide code compliant interior lighting • Provide code compliant ingress and egress • Repair and replace dilapidated interior walls, ceilings, and floors • Remove dismantled roof top equipment from roof • Secure penetrations in roof and repair damaged roof materials • Remove all fire hazards and piles of wood and debris being stored interior the building • Continue gas service disconnection until authorized by the City Building Official • Repair or replace fire suppression and fire alarm systems • Remove exterior storage • Remove all broken or inoperable heating, ventilation, plumbing, and electrical fixtures 19IPage_ . : • i . „ " � �� RESOLUTION AND ORDER TO REPAIR OR REMOVE THE STRUCTURE AT 7359 WEST POINT DOUGLAS ROAD SOUTH IN COTTAGE GROVE WHEREAS, Commercial property at 7359 West Point Douglas Road South, Cottage Grove, Minnesota, ("the Property") is owned by Entertainment Concepts, Ltd. ("Owner"); and WHEREAS, the building on the Property was originally constructed in 1974 and designed and used as a roller skating rink; and WHEREAS, the Property was used as a roller skating rink until approximately 1986 when it was remodeled into a nightclub; and WHEREAS, the Property was operated as a nightclub until December 11, 2007, when the business ceased operating; and WHEREAS, the business has not been reopened since December 11, 2007; and WHEREAS, on January 23, 2008, a pipe burst, causing severe water damage to the wood floors, ceramic and tile floors, ceilings and drywall on the interior of the building; and WHEREAS, on January 24, 2008, the Building Official inspected the building and determined that the building was unsafe, unsanitary and that the entire building needed to be cleaned and disinfected by a licensed mold abatement contractor; and WHEREAS, on January 25, 2008, the Building Official posted the building as condemned and ordered that it could not be occupied until the building was repaired, the mold was mitigated and the electrical and plumbing were restored to a safe and operable standard. In addition, the Owner was required to disconnect the gas, electricity and the main water supply until such time as the building was deemed safe to occupy; and WHEREAS, on December 27, 2009, a second pipe burst, causing further damage to the interior of the building, the electrical panels, and water meter room; and WHEREAS, on December 27, 2009, the Building Official inspected the building on the Property to determine the extent of damage to the interior of the building; and WHEREAS, during that inspection in 2009, the Building Official documented severe water damage, mold infestation and other unsanitary conditions that would require extensive repairs prior to being able to reoccupy or reuse the building; and WHEREAS, an inspection in 2011 confirmed the presence of mold, deterioration and hazardous conditions that existed inside the building; and Resolution No. 2015-XXX Page 2 of 6 WHEREAS, a building permifi was issued in 2012 to demolish the wood floor that had been damaged; however, no inspections were conducted following issuance of the building permit and it is unknown if this permit can be closed; and WHEREAS, since 2008, other than the removal of the flooring in 2012, there have been no building permits issued, no mold mitigation conducted, and no attempts to repair the interior or exterior of the building; and WHEREAS, or potential buyers building; and in January and February of 2015, the City received inquiries from developers interested in the Property because they intended to repurpose the existing WHEREAS, City Staff is concerned about any members of the public being allowed to enter and inspect the building based on the hazardous conditions that still likely exist inside the building; and WHEREAS, on February 3, 2015, the Building Official was granted verbal permission to enter and inspect the building by the Owner of the Property; and WHEREAS, on February 5, 2015, the Building Official and the City's Fire Marshal initiated an inspection, accompanied by the Owner's representative and were able to inspect the roof of the building, as well as conduct a preliminary inspection of the interior of the building; and WHEREAS, due to the known mold conditions, Building Official and the Fire Marshal wore N95 facial masks for the interior inspection; and WHEREAS, after initially documenting the hazardous conditions in the interior of the building, the Owner's representative then revoked the Owner's permission to enter and inspect and ordered that the inspection cease; and WHEREAS, the preliminary inspection led the Building Official to determine that the building still contained hazardous conditions and the Building Official is very concerned about any potential reuse of the Property and the building, as well as allowing any members of the public to enter the building; and WHEREAS, the Building Official then obtained an administrative search warrant from Washington County Court for the sole purpose of completing the inspection of the building to determine compliance with building and state codes; and WHEREAS, the Building Official and other City Staff conducted an inspection of the Property on February 11, 2015 and found the Property was still unfit for occupancy; WHEREAS, the Building Official has provided a detailed report of the conditions of the Property, which is attached hereto and incorporated herein as Exhibit A; WHEREAS, the following conditions exist on the property: A. The rooftop mechanicals are severely damaged, dismantled and inoperable. Resolution No. 2015-XXX Page 3 of 6 B. There are roof penetrations leaving minimum four square foot openings directly into the interior of the building that opens into the assembly area. C. There are questions about the integrity of the gas line due to its deteriorated state. D. There are questions about the integrity of the electrical lines due to their deteriorated state. E. There is no water service to the building. The water lines have been disconnected. F. The water heater exhaust is non-compliant. G. There are no operable restrooms. H. There are no operable heating, exhaust systems, or ventilation. I. The interior walls, ceilings, and floors are dilapidated. J. There are hazardous open electrical panels within the electrical rooms. K. There are disconnected and unsecured water heaters. L. There is exposed wiring in the ceiling of the storage room. M. There is significant mold growth on the ceilings, walls, and floors in all areas of the interior of the building from the water damage that occurred in January 2008 and December 2009, which has not been abated. N. There is no gas supply to the building. O. There is powered electrical to the ceiling light fixtures, causing imminently dangerous conditions. P. There is moisture in many of the remaining light fixtures, causing hazardous conditions. Q. There is a rusted main roof truss support beam in the bar area. R. The toilets in the women's restroom have been dismantled allowing sewer gas into the building. S. The fixtures in the men's and women's restrooms have been dismantled and are in various states of disrepair. T. There are rotting ceiling tiles in the assembly area. Resolution No. 2015-XXX Page 4 of 6 U. There is non-compliant waste and broken piping in fihe kitchen/bar area allowing sewer gas into the room. V. There are signs of vermin infestation in the kitchen/bar area. W. There is a rusted bar joist in the stage area, likely from leaking in the roof. X. There are piles of debris and construction material throughout the building, resulting in fire hazards. WHEREAS, it is the desire of the City Council that this Property be properly maintained and the hazardous conditions be removed. NOW, THEREFORE, BE IT RESOLVED that the Cottage Grove City Council finds that the structure at 7359 West Point Douglas Road South in the City of Cottage Grove, which because of inadequate maintenance, dilapidation, physical damage, and unsanitary conditions constitutes a fire hazard and a hazard to the public safety, health, and welfare and is a hazardous building, as defined in Minnesota Statutes, Section 463; NOW, THEREFORE, BE IT ORDERED that Entertainment Concepts, Ltd., Owner of the property at 7359 West Point Douglas Road South, Cottage Grove, Minnesota, correct and remove the hazardous conditions identified below by March 18, 2015: 1. The entire building and its contents must be cleaned, sanitized, and tested by a certified microbiologist for hazardous bacteria and mold growth. A satisfactory report shall be submitted to the Building Official. 2. All structural walls, supports, beams, and top plates for the roof will need to be assessed to verify their condition. This assessment shall be complete by a qualified licensed structural engineer and a report with recommendations must be submitted to the Building Official. 3. Any recommendations to correct or repair the structural walls, supports, beams, and top plates referenced above must be completed prior to the issuance of a certificate of occupancy. 4. After the mold is removed and the building is sanitized per the microbiologist's report, a licensed master electrician must evaluate and prepare a report on the status of the electrical system. This report shall be submitted to the Building Official. 5. The electricity shall be shut off to the building until it has been inspected by a master electrician and all electrical issues have been resolved and approved by the State Board of Electricity. 6. Repair all broken or cut plumbing, waste, and vent pipes. Resolution No. 2015-XXX Page 5 of 6 7. Repair all required plumbing water supply lines for the plumbing to provide hot and cold water per the Minnesota State Plumbing Code. All water service utilities must be code compliant before the City will reconnect the water. 8. A satisfactory report from a licensed, bonded mechanical contractor must be obtained and submitted to the Building Official for a safety startup check on any gas utilities, as well as a report on the condition of the heating, air conditioning, hot water, and ventilation systems. 9. All lighting fixtures including exit signage and emergency egress lighting must be repaired or replaced so that they are code compliant. 10. All ingress and egress components must be made code compliant. 11. All dilapidated interior walls, ceilings, and floors must be removed and replaced or repaired to the satisfaction of the Building Official. 12. All dismantled and damaged roof top equipment must be removed and replaced with code compliant equipment, piping, and systems by a licensed, bonded mechanical contractor. 13. All penetrations in the roof must be repaired. 14. Remove all debris from the roof. 15. Remove all fire hazards and debris from the interior of the building. 16. A licensed exterminator must be retained to remove all vermin from the building. 17. Any health or safety hazards that are discovered by the Building Official after the building has been cleaned, sanitized, and inspected must be corrected prior to the issuance of a certificate of occupancy. 18. Apply for and obtain all required permits prior to any construction, restoration, renovation, or repairs. 19. Comply with all required inspections to verify or confirm compliance with this Order. 20. Submit all required reports from a microbiologist, licensed roofing contractor, licensed structural engineer, master electrician, and licensed mechanical contractor to the Building Official in a timely manner. 21. All corrections, repairs, and removal of hazardous conditions must be completed prior to the issuance of a certificate of occupancy. 22. Repair all fire suppression systems per local Fire Marshal approval. Resolution No. 2015-XXX Page 6 of 6 23. Repair all fire alarm systems per local Fire Marshal approval. 24. Repair or replace all inadequate roofing components. 25. In the alternative to complying with the above-stated Order, the building may be demolished. IT IS FURTHER ORDERED that unless an Answer is filed within 20 days of service, as provided in Minnesota Statutes, Section 463.18, if the Owner does not comply with the Order, a motion for summary enforcement of this Order will be made to the District Court of Washington County. If summary enforcement is sought, the Court may issue a judgment, giving a reasonable time to comply with the City's Order. If there is no compliance, the City will be authorized to correct the defective conditions. The cost of repairs, correcting, or removing the defective conditions may be a lien against the real estate, which may be levied and collected as a special assessment. Passed this 18th day of February 2015. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk STATE OF MINNESOTA COUNTY OF WASHINGTON C>�a� � �- � �� DISTRICT COURT OTHER CNIL APPLICATION FOR ADMIlVISTRATIVE SEARCH WA,RRANT .AND SUPPORTING A,I'FIDAVIT STATE OF MINNESOTA COUNTY OF WASHINGTON ss. WI�REAS, Building Official, Robert LaBrosse, being first duly sworn upon oath, hereby makes application to this Court for a warrant to search the premises hereinafter described for the purpose hereafter described. WHEREAS, �ant knows the contents of this application and supporting affidavit, and the statements herein are true of his own knowledge, save as to such as be herein stated on information and belief, and as to those, he believes them to be true. WI�REAS, �ant has good reason to believe, and does believe, that the following conditions exist in the City of Cottage Grove, County of Washington; State of Minnesota. The facts . tending to establish the foregoing grounds for issuance of a search warrant are as follows: 1. 2. � 5. � Commercial property at 7359 West Point Douglas Road South, Cottage Grove, Minnesota, ("the Property") is owned by Entei�tainment Concepts, Ltd. The building on the Property was originally constt•ucted in 1974 and designed and used as a roller skating rink. The Property was used as a roller skating rink until approximately 1986 when it was remodeled into a nightclub. The Property was operated as a nightclub until December 11, 2007, when the business ceased operating. The business has not been reopened since December 11, 2007. On January 23, 2008, a pipe burst, causing severe water damage to the wood floors, ceramic and tile floors, ceilings and drywall on the interior of the building. 7. On January 24, 2008, Affiant inspected the building and determined that the building was unsafe, unsanitary and that the entire building needed to be cleaned and disinfected by a licensed mold abatement contractor. . 8. On January 25, 2008, Affiant posted the building as condemned and ordered that it could not be occupied until the building was repaired, the mold was mitigated and the electrical and plumbing were restored to a safe and operable standard. In addition, the owner was requued to disconnect the gas, electricity and the main water supply until such time as the building was deemed safe to occupy. 9. On December 27, 2009, a second pipe burst, causing further damage to the interior of the building, the electrical panels, water meter room. 10. On January 27, 2009 Affiant inspected the building on the Property to determine the extent of damage to the interior of the building. 11. During that inspection in 2009, Affiant documented severe water damage, mold infestation and other unsanitary conditions that would require extensive repairs prior to being able to reoccupy or reuse the building. 12. An inspection in 2011 coilfirmed the presence of mold, deterioration and hazardous conditions that existed inside the building. 13. A building permit was issued in 2012 to demolish the wood floor that had been damaged. No inspections were conducted following issuance of the building permit and it is unknown if this permit can be closed. 14. Since 2008, other than the removal of the flooring in 2012, there has been no building permits issued, no mold mitigation conducted and no attempts at repair to the interior or exterior of the building. 15. In January and February of 2015, the City received an inquiry from a developer or purchaser interested in the Property because he intended to repurpose the existing building. 16. City Staff is concerned about any members of the public being allowed to enter and inspect the building based on the hazardous conditions that still likely exist inside the building. 17. On Februa�.y 3, 2015, Affiant was granted verbal permission to enter and inspect the building by Dennis Muck, the owner of the Property. -2- 18. On Februaiy 5, 2015, Affiant and the City's Fire Marshal initiated an inspection, accompanied by the owner's representative and were able to inspect the roof of the building, as well as conduct a preliminary inspection of the interior of the building. 19. The exterior inspection of the roof revealed the following conditions: a. There is a hole in the roof that is greater than fotar (4) square feet allowing dixect access to the interior of the building. Such hole has been documented as being used by vandals to steal copper piping from the interior and it is still open and accessible; b. Tlie HVAC unit dismantled and in disrepair, with pa�. strewn all over the suxface of the roof; ' c. There are steel bar joists that are open to the elements, potentially compromising the infiastructure of the building; � d. The exterior rock face blocic on one side of the building has deteriorated due to a disconnected rainwater downspout, which causes concein about the structural instability of the building; e. There are exposed wires in the HVAC units, causing the potential for elect�•ical fires. 20. Affiant was th.en initially allowed into the interior of the building for purposes of - conducting an inspection. Due to the lcnown mold conditions, Affiant and the Fue Ma�shal wore N95 facial masks. 21. Upon entering the building, �ant immediately sensed mold inside the building through odor and moisture. 22. The presence of mold was confirmed when �ant noticed the existence of black mold on the wall by the elechic meter. 23. The lights were on in the building when Affiant entered, in spite of the condemnation notice from 2008 that the electricity needed to be disconnected. 24. In the water meter room, Affiant obselved that the main elec�rical panel was open, exposed and live, in direct violation of the condemnation order. 25. After initially documenting the hazardous conditions in the interior of the building, the owner's representative then revoked the owner's peimission to enter and inspect and ordered that the inspection cease. ` 26. Based on the initial inspection, Affiant is veYy conceined about any potential reuse of the Property and the building, as well as allowing any members of the public to enter the building. 27. Minnesota Rules Section 1300.0110 allows the Building Official or his designee the right of entry to make an inspection to enforce the code or if the Building Official or his -3- Feb, 10, 2015 2;30PM No, 3127 P. 4 designee �as reasona6le cause to believe there exYSts in a structure or upon a premises a condi�ion contrary to ox in violation of th� cod� thaf makes the struciure or �reniises uz�sa.�'e, da�gexous, ox lla2ardous, the B�ilding O�c�al ox �xs desig�ee �a�' e�iter the str�lcture or premises to ins�ect. � , 2S. This rec�uest for issuance of an adminis�rati.ve seaech warrant is for �e limitec� purpose ' of inspecting the building to detern�ine compTiance with all applicable local and sta.te 1a�s, � 'V��O.�, Affiant requests a se�ch warrant be issued commanding �2.obei �,aBx�osse of the Cottage Crrove Building �?e�a��cnent and his agents to search the before menCioned pren�is�s �"�'or the above described condition and to malte pbotograpluc, �video or dip�tal records of said condi�io�. , . /�'�'�„-- �tobe�t �,a e SuUscri�bed and s�vvorn to before nie thi da�r of �'ebi1�, 2p15, C� rudge of bi�ict Court RECEIVED TIME FEB,10, 3:03PM �� Feb, 10, 2015 2; 30PM STATE OF Iv11NNESOTA. CO�C.)NT�.'" OF �V'AST�TN`'CrTON n No, 3127 P, 5 AZSTRICT COURT OTT�R CYVIL S�A�C� wA.�tRAl�1',� S'�',A.'�'� 0�,��N�tESOTA CO�UNT'Y' OF WASHINGTON ss. ) ) ) �ased upo�i tile application and s�xpporti�ig �da�crit of S�ilding Official Robert �,aBxosse, T.T� COT��tT �`YlVDS that there is prob�.ble c�,use to issue an adminis�:ative search w�irant and hereb� autliorizes ltob�rt T,aLrosse and his agents to enter, with force if necessary, and inspect the commercia.l. prope�t� Ioeated at 7359 West l.'o��t Douglas �oad Sou�, Cotitage Crro�e, Minnesot,�. �'he search of the above premises is auChorized to take �Iace dw. daylight hours �between the hours of 8:00 a.xz�. To 4:30 p,m, Robert �,a�rosse and his agents are au�.onzed to coz�duc� atz ac�minist��at�ve search of the above-described pro�erty for the limited purpose of inspectin� fihe coz�lme�'cial real estate to detern�ine conipliance with all applicable local and stat,� Iar�vs, bated; � � 0 20 RECEIVED TIME FE6,10. 3:03PM . . . .. .� - .. ._ . . � _ . RECEIPT, INVENTORY AND RETURN 3-1 �/ , � STATE OF MINNESOTA, COUNTY OF ��^f<..//Il, �� f� �"w1 �% �� ,'/`� t. �' COURT � � RECEIPI", INVENTORY,4ND RETURN i, �� _� � C,�: � ; �a.-- issued by the Honorable \� �ft .��,� �-`� � /,r�� °'"� • , i �J� (yr) and have , on ,� `_ 1�l __ executed it as follows: � Pursuant to said warrant, on ��i. �;�-� �- ,/--.i�� (yr) at i�,� `� o'clock!'` m., i searched the (premises) (motor vehicle) (person) described in said warrant, and left a true and correct copy of said warrant t wit,� ��n) �at) ��"'I� �"� ti�� c::��"�(�_.? �. I took into custody the property and things listed below: (attach and identify additional sheet if necessary) t( !c � � , �i , ;_t, , received the attached search warrant �'�� / q .: PATRICIA K. DILION � . �vo�rr� �,�+y Comm�ss�on Expires Jan. 31, 2020 Str �e when appropriate: left a receipt for the property and things listed above with a copy of the warrant. • None f the items set forth in he search warrant were found. • I� a11'(�etain),�o de��ver) cu to�y of s property as directed by Court order. �, � � ; � , '�.1 � ,,'� , being first duly sworn, u�n oath, depose anE s�a t at I have read the foregoing receipt, inventory and return and the matters stated are true and correct, except as to such matters stated therein on information and belief, and as to those, I believe them to be true. ; , �, ..;;.�;�_ Subscribed and sworn to before me this � � day0f ��bf�a�r�j'�1�1 � r j t� r--,, � ��'rtClG` �� _ai��OF� Nota Public �' � � �`��1 County, MN M c mmission expires �- -;3 S`� p�� '�-'�-�" f � - t // � ) �C .�C�1 �/ Signature COURT - WHITE COPY � PROS. ATTY - YELLOW COPY • PEACE OFFICER - PINK COPY • PREMISES/PERSON - GOLD COPY 5/03 O Minnesota County Attorneys Association