HomeMy WebLinkAbout6.c. Condemnation Request �.
j City of Rosemount
Executive Summary for Action
City Council Meeting Date: Au.gust�16. 1994
Agenda Item: Condemnation Request Ageada Section:
NEW BUSINESS ''
Prepared By: Ron Wasmund ,��',cCI Agenda No:
Community Development ���� � L �
Director «
Attaehments: Correspondence from Keith Approved Bys
Witter; Memos from John
Miller and George Lundy
Attached is a letter received from Mr. Keith Witter partner in the
Rosemount Mall . Also attached is a memo from John Miller Economic
Development Coordinator outlining some of the activity he has had
relating to the mall .
The owners of the mall are interested in. leasing space in the
basement of the mall . The space does not comply with building and
fire codes because of, among other things, a lack of a second exit
directly to the exterior. I have not issued building permits for
remodeling until plans for the second exit have been submitted for
review. The owners would like to create an exit that comes out the
south side of the building. The problem is they do not own the
property on the south side. That belongs to 'Fritz and Pat Doljes
owners of Shenanigans . As indicated in both the letter and the
memo Doljes are not willing to sell land or easement:
Mr. Witter is asking for assistance in the acquisition of the
easement . He has not specified if this is monetary help or help in
negotiations . My understanding `is as stated above that there is no
willing seller. That leaves condemnation as the last resort. In
the past neither the council nor port authority wanted to get
involved in a condemnation action between two private entities.
There is a question of what public purpose is served in this
: situation.
In previous action by council the alley along the west side of the
mall building was vacated to provide access to and exit from the
building. There currently exists an accessibility ramp to the
Alternative Learning Center in the northern portion of this vacated
alley.
The question is whether you want staff to be involved in this
request to a point of condemnation? I believe other options exist
on the property owned by the Rosemount Mall partners . We should
establish a policy eonsistent with previous actions taken on
requests for condemnation and deny staff involvement.
Recoamnended Action: A MOTION to direct staff to not proceed with
the requested condemnation.
City Council Action:
8-16-94.00 I
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P "Planning from every angle"
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August 8, 1994
Mr. Tom Burt
City Administrator
City of Rosemount
2875 - 145th Street West
Rosemount, Mi.nnesota 55068-0510
Re: Rosemount Mall
Dear Mr. Burt:
As you were aware, we are attempting to obtain a feasible way to provide a
second exit to the south end of the Rosemount Mall. In addition, I believe
you also are aware that we do not have adequate land on the south end of the
Mall to have an exit go out the middle of the building on the south end.
Mr. John Miller, with the Port Authority, has discussed the possi.bilitg of an
easement with the property owne=s of the Shenanigin's Bar in Rosemount. They
have indicated an unwillingness to pronide us with an easement.
As a result, I am hereby requesting assistance from the Port Authority to
proceed with assistance in purchasing an easement from the property owners of
Shenanigin's adequate enough for us to complete the exit.
This easement would need to be approximately six feet in width heading
towards the back of the building to the alley and therefore would be
approximately 55 feet long and six feet wide at the back end of their
property.
.. We also have no problem in providing to them an elimination of this easement
if any building is to be constructed on the easement and we will provide an
alternative exit at that time. We also would be responsible for maintaining
� the easement.
Please advise on what steps I need to take to make the formal request within
the next two weeks so that we can proceed forward as requested by Mr. Lundy,
your Fire Marshal.
Sincerely yours,
�� ✓•
1
Reith A. Witter cc: John Miller, City of Rosemount
George Lundy, City of Rosemount
KAW:av ✓Ron Wasmand, City of Rosemount
KeiW A.Witter,J.A Ommund"Ben"Skaar David A.Kjeli,J.D.
Legal Counsel Vice Presidcnt Dircctor of Financial Planning
TWO APPLETREE SQUARE • SU1TE 350 • BLOOMII�tGTON,MINNFSOTA 55425 • (61Z)8549463 • FAX(612)854-6813
Data of Inspection: March 25, 1994
Date o£ Order: May 20, 1994
=nspector: George Lundy
Correspondence to: Keith Witter
�
Facility: KenR.ose Mall
Address: 14555 South Robert Trail, Rosemount, NIl�7 55068
This order is fvrmal notification of violations at KenRose Ma11, 14555 South
Robert Trail, Rosemount, Na7� 55068
ORDER
Pursuant to the authority vested in me by statute and by Rosemount City Code,
you and each of you upon who this order is served are hereby ordered effective
immediately to:
1. Provide an automatic fire sprinkler system to alI basement areas greater
than 1500 square feet in area not having a minimum of 20 square feet
opening entirely above the adjoining ground level in each 50 lineal feet
or fraction thereof of exterior wall on at least one side of the
building. Openings shall have minimum clear dimension of 30" .
If any portion af a basement is located more than 75' (feet) from a
required openings, the basement shall be provided with an approved
automatic sprinkler system throughout,
1991 Minnesota IIniform Fire Code Appendix 1-A Section 4
2. Prpvide one of the following corridor protections for the school_
a. A one-hour fire-resistive construction for corridor walls and
ceilings.
b. An approved`automatic sprinkler system throughout this building.
c. Door opening into a corridor must be:
(1) self closing or automatic closing with smoke detection_
(2) 20 minute fire-rated assemblies or solid core doors at least
1 3/4 inches thick. -
(3) provide approved exits from all rooms directly to the
outside.
3. Provide a second exit from both lower levels to the outside that leads �
directly to a public way. .
1991 Minnesota IIniform Fire Code Appendix 1-A #2
4. Provide "No Parking Fire Lane° signs to the rear and-front of this
building. Sign shall comply a►ith Fire Prevention Bureau Policy 92-I04
(attached)
5. Panic hardware sha11 be installed on all main exits. This hardware
shall meet the following requirements.
a. The activating member shall be mounted at a height of not less
than 30 inches nor more than 44 inches above the floor. The
unlatching force shall not exceed 15 gounds when applied in the
direction of exit travel.
1991 Minnesota IIniEorm Fire Code Article 12 SeCtion 22 106-B
6. Exit signs shall be installed above all required exit door ways. These
signs shall meet the requirements of Article 12 Section 12.1I1 -
1991 Minnesota IIniform Fire Code Article 12 Section 12.111
�.;
7. Remove all combustible material from the following areas:
a. attic
b. open store spaces .
1991 Minnesota IIniform Fire Code Article 11 Section 11.303
8. Dumpsters and containers with an individual capacity of 1.5 cubic yards
or more shall not be .pl.aced within 5 feet of combustible walls or
combustible roof eave lines.
1991 Minnesota IIniform Fire Code Article 11 Section 11.302b
9. The boiler room to this building shall be separated foxin the rest of the
building by not less than a one-hour fire-resistive occupancy
separation. :
1991 Minnesota Uniform Fire Code Division V Section 10.601
10. Provide address to the out side of this building in such a position as
to be plainly visible and legible from the street fronting the property.
Said numbers shall contrast with their background.
1991 Minnesota IIniform Fire Code Article 10 Section 10.302
11. Provide gas shut-off's to all natural gas appliances. These shut-offs
shall be within 3 feet of the appliance.
1991 Minnesota IInifozxn Fire Code Article il Section 11_404
12. All fuse boxes and electrical breaker switches shall be labeled to
identify their use. Wiring that is out of service shall be identified
and la.beled.
1991 Minnesota Uniform Fire Code Article 85 Section 85.103
13. Extension cords shall not be used as a substitute for permanent wiring.
1991 Minnesota Uniform Fire Code Article 85 Section 85.106
14. Provide a minimum of 30 inches width and 78 inches height of clear
access around all electrical panels.
1991 Minnesota IIniform Fire Gode Article 85 Section 85.109A
15. All exits to this facility shall comply with the construction
requirements of Chapter 33 of the 1988 IIniform Building Code.
At no time shall any new business be allowed in the lower level.of this
facility until conditions of order number 1 and 3 are met. Also the class
rooms located in this area will have to be vacated immediately until
compliance with orders.
Pursuant to Minnesota Statue 299F.011 you have the right to appeal this order.
Any appeal must be in writing and must state the basis for your appeal. You
must file this written appeal, with the Rosemount City Administrator, not
later then the close of business on Friday June 17, 1994. IIpon receipt of an
appeal you will be notified as to when your appeal will be heard.
IIPON COMPLETION OF THESE ORDERS, YOII MLTST NOTIFY THIS OFFICE IN WRITING.
An re-inspection will occur in 90 days.
If you have any questions, or if I can be of further assistance, please let me
know.
Sincerely,
George Lundy
Fire Marshal
s:Kartose.ono
MEMORANDUM
DATE: June 30, 1994
TQ: Ron wasmund, Community Development Director
FROM: John Miller, Economic Development Coordinator
SUBJECT: Rosemount Mall Policy
On April 22, 1994 you and I along with Paul Heimkes and George Lundy
visited Keith Witter at the Rosemount Mall. As you will recall Mr. Witter was
interested in leasing space to Alcoholics Anonymous and wanted to discuss :
building and fire code issues. �
It is my understanding that the fire marshal has provided Mr. Witter with a list
of code violations.
In meeting with Mr. Witter I agreed to do two things:
1) Determine if the owners of Shenanigans would sell an easement on the
south side of the mall for an access; and
2) Confirm with Springsted Inc. that options exist to extend the tax
inctement financing for the possible rehabilitatian of the ma1L
That work is now complete and I'm wondering what you want done next.
Ineidentally the answers to the two issues are "no" and "yes", in that order.
In the past I've made three attempts to facilitate some activity in rehabilitating
or redeveloping the mall area.
A. Proposed the city purchase a portion of the mall parking iot. This would
give the mall owners some money to invest in the mall structure and
allow them to comply with city code requirements. City ownership of the
parking lot would make it a principal player in downtown redevelopment.
B. Proposed a city mortgaged sale of the mall with Chuck and Darlene
Terry and Eunice Petter as purchasers. The sale would be contingent .
upon the buyer complying with city code requirements.
C. Coordinated an attempted for a three-way land swap at the north end of
the ma11 to provide mall access and to create a walkway connecting the
mail to 145th Street and the �.och and Blake building.
As you are aware, none of this work was implemented. I guess I was rather
naive but I was unaware of the unstaxed, "Let's let them go broke and we'll
pick up the pieces cheap policy."
Again, what am I to do now? I am concerned about giving hope to Mr. Witter
when there is none and I am concerned about wasting time when there are other
projects that could be completed.
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