99-787L�
CITY OF ST, PAUL
PRELIMINAItY ORDER
aRi��NAt
�S
By
File Noll As Listed
Voting ward 1,2,3.4,7
aa
In the Matter of the Operation of the Above Standard Street Lighting System
for the months of January thru December, 2000 for the following:
18321
18390
18423
18430
18510
18550
18590
18612
18626
18778
18861
Lowertown Area
Ford-Cleveland Area
Grand-West Area
North Wabasha Area
Wabasha-5th-6th Area
Concord Phase i Area
St. Peter Street Area
University-Western-Mackubin Area
Snelling-Randolph Area
Children�s Hospital Area
Como-Snelling Area
18336
15392
18425
18434
18525
18588
18607
18634
18709
18854
Selby-Western Area
Grand-East S Area
Grand-East II Area
Smith Avenue Area
Selby Revitalization Area #1
Selby Revitalization Area #2
River Park Plaza Area
E. 7th-ArCade Area
City Hall-Court Aouse Area
Landmark Center Area
The Council of the City of Saint Paul having received the report of the
Mayor upon the above improvement, and having considered said report, hereby
resolves:
1. That the said report and the same is hereby approve with no
alternatives, and that the estimated cost thereof is $135 000.00, financed by
assessments only.
2. That a public hearing be had on said improvement on the 6th dav of
October, 1999, at 5:30 o'clock p.m., in the Council Chambers of the City Hall
and Court xouse Building in the City of Saint Paul.
3. That notice of said public hearing be given to the persons and in the
manner provided by the Charter, stating the time and place of hearing, the
nature of the improvement and the total cost thereof as estimated.
COUNCILPERSONS
Yeas Nays
�nanav
+�8�akey
� strom
i.2'oleman
�rris
x try
eiter
� In Favor
� Against
PIiRf I.SNFr
SEP 41999
Adopted by the Council: Date���
1
Certified Passed by the Council Secretary
sy a , V�-
�/,� L � Mayor
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Public Hearin : 10/06199 �_ - � : r : ��._: _, `- �
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T.M.S./REAL�ESTATE DIVISIO .� Da�•`'7 26 9y"
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ontaM P�son and P6one Number �' �> £'� m "'� ��:
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Roxanna Flink��•" ; ` 266-8859 . ;- `
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Green Sheet Numberc 3 09457� �'�
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. - � AITORNEY - . �. CI1'P Q.ER% . � . _
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:Ef DIItECTOR - . - � TECB. & MGT. SVC DIR. + - � - ,?
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DR(ORASSISTANI) 1 CoUNCII.uFCweuCg : � _ ?""•=`;
t be on Council A enda b : 08118l99 �� � � � � � � ' � � � ���� '�'
a=
L# OF SIGNAI'QRE PAGES 2 (CLIP ALL IACATIONS FOR SI6NATURE) � � ' `� " - -���'
JNRBQUES7'ED: � -: - � " ,- �-., - - .-.r =-- - - `"'„ - �. '� 'v
tiag date of public hearing for, tha estimated� operating costs. #or 21 .;; �
adard street lights for 2000. � _ : � � � 'w�w � � �,.-
`�' , �'`�'s�. a �a. � � „�
e Nos. (See Attached) I '' � t� ,� `�`�'
dMENDATIONSs APPROVE (A) O6 REJECT (R) ERSONAL SERVICE CONfRACTS MUST AN9WER 271E FOLLOWING: -
. Flas the persoNtlrm ever worked undena contract for this deper�ent? " YES NO
PLANNINC COMMISSION A SfAFF ,
Flas t6is persoWfum ever been a Ctty employee? YES NO
CIVIL SBRVICE COMMISSION
CIB COMMI7TEE
I�es this persodficm possess a sloLL �t nocwally possessed bp aqy YES PIO
cucrent City empbyee?
oKrswmc�couivcn.os�czrvEZ Neighborhoods
COUNCILWARD(S) 8Ct8Ct1 DISTRICfPLANNINGCOUNCII. � Stt9CS1
�1TINC PROBLEM, ISSUE, OPPORTUNII'Y (Who, W6ay When, Where, Whp?):
lic heax�ing is aecessary to agprove the astimated annual ogerating costs
above standard lightiag projacts.
�GES IF APPROVED:
88 A�OVB.
TAGES IF APPROYED:
tted property owaess will have asseasments payable via property taxes.
'ANCAGESIFNOTAPPROVED: � ,
City would have to pay the costs.
AMOI7N'P OF 1'AANSACTION: y �` �, 3 S , 0 0 D. 00 ws�rix�vE� svnc�n �cmcLE on�
ABSessmeats
fGSOURCE: � ACTIViTYNUMBER
INFORMATION: (EXPLA[N�
�oun� Research Center
�u� ,
YES NO
Council File # �—�� 7
��{����W
Presented
RESOLUTI ON
CITY OF S�INT PAUL, MINNESOTA
Green Sheet # 64023
'�5
Referred To � � Committee Date
1 BE TT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the July 6, 1999,
2 decision of the Legislative Hearing Officer on Properiy Code Enforcement Appeals for the following address:
3 Property Ap e alec� Appellant
4 1615 St. Anthonv Avenue Dorothy Irvin
5 Decision: .
6 ' 1�
1 c�e.`(�\cc� . -
7
8
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11
12
13
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15
16 Adopted by Council: Date: � \� �°`�
17
18 Adoptio Certified by C uncil Secretary
19 By: ��� c�. � 1.v,�-�
20 ApF
21 Dat
22 By:
Requested by Department of:
:
Form Approved by City Attorney
:
Approved by Mayor for Submission to Councii
:
1
Council
Gerry Strathman, 266-8575
August 11, 1999
7-15-99
TOTAI # OF SIGNATURE PAGES
GREEN SHEET
��-���
No 64023
■ tJ cai,n.�rowFCSO. � cmcouxu� _
FOR ❑ CRYAiTOWEY ❑ fJ1TGFAR �
❑wux�w.,eaxcFSOa. ❑wweriu.mmKCro
❑YnYOR1oRA&miAMl) ❑
(CLIP ALL LOCATfOHS FOR S1GNA7URE)
Approving the decision of the Legislative Hearing Officer on Property Code Enforcement
Appeals for 1615 St. Anthony Avenue.
vuq � ivn npprove (n) or Ke�ect
PL4NMNG COMMISSION
CIB COMMITTEE
CIVIL SERVICE COMMISSION
F\79ciNi��7
RSONAL SERVILE GONiRAC75 MUST ANSWER iHE FOLLOWING QUESiSONS:
Has }his persorJfirm ever wrorked untler a writract fa fhis depaAmeM'7
YES NO
Hss this versoM(rm ever been a c"�lv emdovee9
VES NO
Does tlHS Derso��m D��s a sldN'rot namallYpossessed bY anY cutreM citY QmP�oYce�
YES NO
Is this persoNfirtn a targetetl vendoY7
YES NO
Counr� Rese�r�t� Ge�per
, : ,!;.
OF SRANSACTION f COSTIREVENUE BUDGESED (CIRCLE ON�
YES NO
ACTMTY NUMBER
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NOTES OF THE PROPEItTY CODE ENFORCENIENT MEETING
Tuesday, July 6, 1999
Room 330 Courthouse
Gerry Strathman, Legislarive Hearing Officer
b►
�� �
STAFF PRE5ENT: Brian Krawiecki, License, Inspecrions, Environmental Protection (LIEP),
Thomas LeClair, LIEP; Paula Seeley, Code Enforcement; Mike Urmann, Fire Prevention
The meeting was called to order at 1:33 p.m.
227 Montrose Place
(No one appeared representing Fire Prevention.)
Rick Thorne appeazed to appeal the requirement to insta1120 minute fire doors. The property
was built during the art deco era. These are the original doors.
Cerry Straihman granted a variance on the nonconforming doors with the following conditions:
1) the building must otherwise be in compliance, 2) when the nonconfornung doors need to be
replaced, they wi11 be replaced with conforming fire rated doors.
2026 and 2030 Brewster Street
(No one appeared representing Fire Prevention.)
Martin Nora and Peter Nora appeazed and stated they aze appealing the requirement to insta1120
minute fire doors. The building was built in the mid 1960's. They are hollow core doors.
Gerry Strathman asked were there any plans to replace the doors. The Noras responded they
were told by John Galles (Fire Prevention) that when the doors need to be replaced, they should
be replaced with fire rated doors. This is what they will do.
Gerry Strathman granted the variance on the nonconfornvng doors with the foliowing conditions:
i) the building must otherwise be in compliance, 2) when the nonconforming doors need to be
replaced, they will be replaced with conforming fire rated doors.
1166 Barclav Street
(No one appeared representing Fire Prevention.)
Paul Sprosty, owner, appeazed to appeal two issues: the requirement to install 20 minute fire
rated doors, and the requirement for 20 inch windows in the bedrooms. Mr. Sprosty stated his
windows are 14 inch ahm�inum sliders. There aze six of them.
Gerry Strattiman asked could someone be able to get out of the windows. Mr. Sprosty responded
the windows lift out. A person could exit in ten seconds.
�,���
PROPERTY CODE ENFORCEMENT NOTES OF 7-6-99
Page 2
Gerry Strathman granted a variauce on the nonconformuig doors and the non conforuiiug
windows with the following conditions: 1) the building must otherwise be in compiiance, 2)
when the nonconforming doors and the nonconforming windows need to be replaced, they will
be replaced with conforming fire rated doozs and confoiming windows.
643 and 647 Cleveland Avenue South
(No one appeazed representing Fire Prevention.)
Arlene Gralnek, owner, appeazed.
Gerry Strathxnan granted a variance on the nonconfornung doors with the following condirions:
1) the building must otherwise be in compliance, 2) when the nonconforming doors need to be
replaced, ti�ey will be replaced with conforming fire rated doors.
1521 McAfee Street
(No one apeared representing Fire Prevention.)
Tom Lindbeck, representing Lindbeck Family Trust, appeared and stated he is appealing severals
items on his deficiency/conection list.
Building walls: The building is approximately 15 years old and has some haizline cracks in the
stucco. It cracks every winter from expansion and contraction. He checked with a stucco
company and was told all stucco contracts.
Fire extinguishers: The inspector saw a fire extinguisher that belonged to a tenant and wanted
Mr. Lindbeck to remove it. Mr. Lindbeck does not feei he has a right to take the extinguisher.
Repairfreplace screen door: The apartments do not come with screen doors. The screen door
was removed.
Repair walls under sinks: The inspector looked at one sink instead of all eight. She saw that the
cabinet had a cut out in the back whereby the cabinet can slide over the pipes. This inspector
wants it repaired; however, it has been like that since it was built. None of the tenants want Mr.
Lindbeck in their apartments doing that. There is no hole between the pipe and the wall.
Gerry Sttathman granted the appeal as follows: the garage walls do not need repairing, tke
building walls do not need repairing, fire extinguishers do not need servicing, the walls under
sink do not need repauing. No one is here from the Fire Department to explain their actions, and
Mr. Lindbeck's arguments seem reasonable. The screen door issue is moot because it has been
removed.
PROPERTY CODE ENFORCEMENT NOTES OF 7-6-99
Lot 7. Lewiston Hei2hts, RourEh Addifion (South Highwood)
Page 3 �q ��� `
�� �
Ann Schley, owner, appeazed and stated she is lookiug for a variance to install her weli 60 feet
from the septic system instead of the required 75 feet in order to save some of trees and cause
less impact on the siope. This is a tree preservarion district in South Highwood.
Thomas LeClair reported that he has not received any plans regarding the on site system, the site
plan where the homes aze located, nor plans where the drain fieid is located. He has to have an
approved plan before he can approve the entire system. The owner is asking for a variance on the
separafion beriveen the well and the septic system, which is not in existence or plotted out.
(Mr. LeClair took a few minutes to review the plans provided by Ms. Schley.)
Mr. LeClair stated there is a system ouflined in Ms. Schley's pians that show primary and
secondary septic systems. Usually when this takes place, the entire system's plan comes to Mr.
LeClair by a registered professional from the Minnesota Pollution Control Agency (MPCA).
Everything is reviewed to make sure the site is receptive to a septic system. If there are giitches
in regazds to a separation problem, then those are handled through the appeals process. It is
uuknown if the solls are receptive.
Brian Krawiecki reported he is not sure from the drawing where the neighboring sewer systems
aze located, which is part of ihe separaUon issue here. MPCA personnel will find out where the
other drain fields aze to make sure the wells would not be sited too close to those neighboring
drain fields.
Gerry Strathman laid over this matter to the August 10, 1999, Property Code Enforcement
meeflng to give Ms. Schley an opportunity to talk to Mr. LeClair and Mr. Krawiecki.
1607 Hewitt Avenue
(No one appeared representing Fare Prevention.)
Frank Melendez appeazed and stated he is purchasing the building from Mike Schmid. They
worked on 47 of the items on the deficiency/correction list. He met with the inspectors last
week. The inspectars want to condemn the building, but Mr. Melendez would like time to work
on the building. Hopefully, he will talce ownership by the end of this month. He has asked Mr.
Schmid to give the tenants a 30 day notice. Mr. Melendez does not want to start wark on the
properry until he is sure he will be able to purchase the building.
Mr. Strathman stated the City has dealt with this property quite a bit; he is uncomfortable with
this situation.
(Mr. Strathman asked Mr. Melendez to wait a few minutes while the secretary checked to see if a
Fire Prevention inspector is available. No one was available.)
���
�
PROPERTY CODE ENFORCEMENT NOT"ES OF 7-6-99 Page 4
Gerry Strathman laid over to the August 10, 1999, Property Code Enforcement meeting. By that
time, Mr. Melendez may be the owner and the matter can be discussed again.
416 Charles Avenue
Dwain Matison, representing his daughter Tasha Lolar, appeared and stated he has found a place
to move. He needs until Friday to move into the apartment. His children aze not living there.
Just he and his wife will be there until Friday. He has Coleman laxnps, which run by battery.
Paula Seeley reported there was an extension cord connected to the ne�ct property. Mr. Matison
responded he has removed that. He has the Coleman lamps instead.
Gerry Strathman stated this situation is not great, but it can be withstood until Friday; however,
no kerosene or gas lamps are allowed.
Gerry Strathman denied the appeal citing the City Council wili approve his decision on July 14;
by that tixne, Mr. Matison will be out of the property.
591 Payne Avenue
(No one appeared representing the properiy nor representing Fire Prevention.)
Gerry Strathtnan denied the appeal.
616 I� Street East
(No one appeazed representing Fire Prevention.)
Robert Pilz, owner, appeazed.
Gerry Strathman granted a variance on the nonconforming doors with the following condirions:
1) the building must otherwise be in compliance, 2) when the nonconforming doors need to be
replaced, they will be repiaced with conforming fire rated doors.
421 Hollv Avenue
The following appeared: Paul and Judy King, owners, and William McManus, contractor.
(Mr. Fields presented a photograph to Gerry Strati�man.)
Mr. McManus stated he has 20 years eaperience. In the last 10 yeazs, he has specialized in
rehabilitating older homes. He has manufactured approximately 2,000 windows. He is here in a
voluntary capacity as an advisor to the Kings. The Kings were issued a permit on 4-12-99.
Approximately $10,000 worth of new, doubie hung, wood inserts were ordered that would
closely match the outside appearance as the Kings knew it. Mr. And Mrs. King went to great
�,�g�
PROPERTY CODE ENFORCEMENT NOTES OF 7-6-99 Page 5
lengths to match the eaterior look of the house. They aze on the verge of ordering more,
probably in the tune of $25,000 worth of windows. The house is over 100 years old. When the
Kings acquired the property, there was significant leakage in the roof and damage to the house.
The windows aze not operable or repairable. They jiggle in place, don't seal, and a breeze can
blow through.
Approximately a month ago, a person from LIEP told them to stop fiirther work on the property
until HPC personnei can come. Mr. Rubenstein said a mistake had been made in his office, but
everyone would have to live with this oversight. At that time, Mr. Rubenstein accepted the
windows would be instailed. About ten days later, Mr. McManus received a phone call from Mr.
Rubenstein, who said the windows purchased will be installed with the stipulation that the new
inserts ordered would match them so the overall appearance would not change or look strange.
Several days later, Mr. McManus received a letter which does not represent the verbal
agreements made in front of Mr. King and his son nor the telephone conversation between Mr.
McManus and Mr. Rubenstein. Mr. Rubenstein is asking average people to be experts in ] 9�'
Centuiy vernaculaz architecture.
(At this point, Mr. McManus presented a book with photographs showing Italianate houses. He
directed Mr. Strathman's attention to certain photographs of houses in regazd to windows. Mr.
McManus also showed Mr. Strathman photographs taken today of similar homes in the
neighborhood and showed photographs of how 421 Holly looks right now. Mr Rubenstein was
shown photographs also.)
In the letter, stated Mr. McManus, Mr. Rubenstein directs the owners to consuit with specialists
to see if the windows can be repaired or perhaps fitted with jamb liners. Mr. McManus stated
this cannot be done. Mr. Rubenstein also directs that the owners keep the eight light storm
windows and install them during the winter months to maintain this aspect of the building's
historic chazacter. However, photographs show the storm windows and the rot; it cannot be
done. Mr. McManus can made new windows for the entire house, but it may cost up to $60,000.
Mr. Rubenstein directs having wooden screen made for the house in order to restore the building
to iYs original condition; however, the building pernvt just says to replace with wood insert,
double hung windows.
Mr. Strathman asked did they want the windows ordered to be installed. Mr. McManus
responded they want to install the windows already ordered and to instali similar windows in the
rest of the house.
Aaron Rubenstein reported the owners have the right to install new windows. The suggestion
that the owners look at the windows to see if they can be repaired, was just a suggestion and not
an order. The issue is the configuration of the windows. The perxnit was issued with insufficient
detail. The person who issued the report was told by Mr. King that he had experience in
restoring historic buildings, and the appearance of the building would not change. The exisring
original prime windows are two over two. Looldng at two of the photographs of other houses in
�����
PROPERTY CODE ENFORCEMENT NOTES OF 7-6-99
Page 6
the azea, one of the houses is not an Italianate style house. These are not necessarily examples
that pertain to this case.
Mr. Strathman asked about the pictures from the book of Italianate houses. From looking at the
book, there appears to be some Italianate houses that have that type of window. (Mr. McManus
showed Mr. Rubenstein pictures in the book.) Mr. Rubenstein responded what comes to mind is
which are storm windows or prime windows, and whether they aze original. Although it is
possible that some of these may have four over four windows originally, wbat is most important
is to look at the pattern of this particular house. Historic distriet guidelines make very clear that
what should be replicated aze details of the house, and not details and features taken from other
buildings. Mr. Rubenstein was told that the new windows would match the original, but the
original appearance ofthe windows are two over two.
NIr. Rubenstein stated they met on the site on June 1, and he never indicated that the four over
four windows were acceptable. He may have said he understands they were ardered. What he
said in the letter does not contradict what he said before.
Gerry Strathman granted the appeal to allow fhe owners to install the purchased windows and to
purchase and install similar windows elsewhere in the house. The Kings made a good faith
effort to act in conformance with the rules as the Kings understood them. It seems the windows
ordered do not represent a flagrant disregard of the character and nature of the neighborhood.
1615 St. Anthony Avenue
(Michael Urmann arrived during this appeal.)
Dorothy Irvin, owner, and Susan Mercurio, neighbor, appeared. Ms. Trvin stated the building
inspector called her when she was out of town and said she needed to cut her grass. She had
someone cut it and informed the inspector. Later, another inspector said she needed to cut ail of
her grass.
(Ms. Irvin presented photographs to Gerry Stratiunan.)
Ms. Mercurio stated Ms. Irvin has a wildflower gazden with native prairie grasses. Thete is an
area of lawn inside the wildflower garden. It is sepazated by a circle of stones, stated Ms. Irvin.
The fire inspector said she wouid have to cut all the ta11 grass, even the part that is contained and
maintained.
Ms. Irvin has consulted the Department ofNatural Resources and the Minnesota Aorticultural
and has received lots of support.
Mr. Strathman stated the Council adopted an ordinance with respect to boulevard plantings, but
the area in question is not a boulevazd. Ms. Irvin responded tkus is in her front yard; it is
surrounded by a retaining wall in front, a lilac hedge on one side, a little walk that comes to her
FROPERTY COAE ENFORCEMENT NOTES OF 7-6-99
,���
Page 7 �
front door on the other side, and the lawn is separated by a semi circle of stones. No one has ever
told her until now that she had to cut the plants below eight inches.
Michael Urmann reported the plantings do not meet the boulevazd requirement of not exceeding
24 inches in height. Also, Mr. Urmann feels some of the plantings may be no�ous weeds.
(Mr. Urmann presented photographs to Gerry Strathman that were taken last week. Ms. Irvin
also was presented these photogzaplv�.)
Mr. Strathman asked the height of the plants. Mr. Uzmann responded three to four feet in some
places.
Ms. Irvin stated she is asking to keep her tall grasses and wildflower plantings within her
borders. She has trimmed back everything growing outside the borders. Earlier photographs
would show plants growing outside their borders. The photographs she took on Saturday show
her yard looking good.
Ms. Mercurio asked for the definition of no�ous weed. Native prairie giasses are considered
ornamental. (Ms. Strathman read the definition of a noxious weed as set forth in Chapter 105 of
the Saint Paul Legislative Code.) Ms. Irvin stated notivng on the weed list is growing on her
properry to the best of her I�owledge. If they aze and a fire inspector or botanist identifies them,
she will remove them.
Mr. Strathman asked is there a rule about the location of a garden. Mr. Urmann responded no.
The real issue is whether the garden is tidy or a mess, stated Mr. Strathman. Ms. Irvin's
photographs show it being neat and tidy. The photographs shown by Mr. Urmann are on the
messy side.
Gerry Strathman granted the appeal to keep the tall grasses with the following condition: the
grasses wi11 be maintained and contained to keep them from becoming overgrown and a blight.
Note: Mr. Strathman granted Ms. Irvin's request for a refund of her appeal fee due to financial
hazdship.
1252 Seventh Street East
(No one appeared representing the properiy.}
Mr. Urmann reported this is a standard fire door situation.
Gerry Strathman granted a variance on the nonconfornung doors with the following conditions:
1) the building must otherwise be in compiiance, 2) when the nonconforming doors need to be
replaced, they wi11 be replaced with conforming fire rated doors.
�,���
PROPBRTY CODE ENFORCEMENT NOTES OF 7-6-99
559 NlcKnight Road South
,,,_ .
.
Gerry Strathman laid over to the October 5, 1999, Property Code Enforcement meeting pursuant
to the agreement being fulfilled between Leonard Anderson and Code Enforcement. This
agreement lays out a schedule whereby Mr. Anderson will make the necessary repairs to his
home. If the agreement is adhered to, all items on this agreement wiil be fulfilled by October 1,
1999.
The meeting was adjourned at 3:07 pm.
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L�
CITY OF ST, PAUL
PRELIMINAItY ORDER
aRi��NAt
�S
By
File Noll As Listed
Voting ward 1,2,3.4,7
aa
In the Matter of the Operation of the Above Standard Street Lighting System
for the months of January thru December, 2000 for the following:
18321
18390
18423
18430
18510
18550
18590
18612
18626
18778
18861
Lowertown Area
Ford-Cleveland Area
Grand-West Area
North Wabasha Area
Wabasha-5th-6th Area
Concord Phase i Area
St. Peter Street Area
University-Western-Mackubin Area
Snelling-Randolph Area
Children�s Hospital Area
Como-Snelling Area
18336
15392
18425
18434
18525
18588
18607
18634
18709
18854
Selby-Western Area
Grand-East S Area
Grand-East II Area
Smith Avenue Area
Selby Revitalization Area #1
Selby Revitalization Area #2
River Park Plaza Area
E. 7th-ArCade Area
City Hall-Court Aouse Area
Landmark Center Area
The Council of the City of Saint Paul having received the report of the
Mayor upon the above improvement, and having considered said report, hereby
resolves:
1. That the said report and the same is hereby approve with no
alternatives, and that the estimated cost thereof is $135 000.00, financed by
assessments only.
2. That a public hearing be had on said improvement on the 6th dav of
October, 1999, at 5:30 o'clock p.m., in the Council Chambers of the City Hall
and Court xouse Building in the City of Saint Paul.
3. That notice of said public hearing be given to the persons and in the
manner provided by the Charter, stating the time and place of hearing, the
nature of the improvement and the total cost thereof as estimated.
COUNCILPERSONS
Yeas Nays
�nanav
+�8�akey
� strom
i.2'oleman
�rris
x try
eiter
� In Favor
� Against
PIiRf I.SNFr
SEP 41999
Adopted by the Council: Date���
1
Certified Passed by the Council Secretary
sy a , V�-
�/,� L � Mayor
6 /�
911R1ItM7Cfv
: � : ,.►.
� _-._ Z . � . ' ' ' - ' _
Public Hearin : 10/06199 �_ - � : r : ��._: _, `- �
_� �� � ... � ._. �� �. . _ �
T.M.S./REAL�ESTATE DIVISIO .� Da�•`'7 26 9y"
„ ,.� 3. nn
ontaM P�son and P6one Number �' �> £'� m "'� ��:
. i ,� . _ .f�sw��°-�- ,....
Roxanna Flink��•" ; ` 266-8859 . ;- `
/�s .� _
y,-
� `" , . �
�
Green Sheet Numberc 3 09457� �'�
, �=
u�crox ., crrY ' � ��'�
. - � AITORNEY - . �. CI1'P Q.ER% . � . _
;��
-�,�
:Ef DIItECTOR - . - � TECB. & MGT. SVC DIR. + - � - ,?
s =`
DR(ORASSISTANI) 1 CoUNCII.uFCweuCg : � _ ?""•=`;
t be on Council A enda b : 08118l99 �� � � � � � � ' � � � ���� '�'
a=
L# OF SIGNAI'QRE PAGES 2 (CLIP ALL IACATIONS FOR SI6NATURE) � � ' `� " - -���'
JNRBQUES7'ED: � -: - � " ,- �-., - - .-.r =-- - - `"'„ - �. '� 'v
tiag date of public hearing for, tha estimated� operating costs. #or 21 .;; �
adard street lights for 2000. � _ : � � � 'w�w � � �,.-
`�' , �'`�'s�. a �a. � � „�
e Nos. (See Attached) I '' � t� ,� `�`�'
dMENDATIONSs APPROVE (A) O6 REJECT (R) ERSONAL SERVICE CONfRACTS MUST AN9WER 271E FOLLOWING: -
. Flas the persoNtlrm ever worked undena contract for this deper�ent? " YES NO
PLANNINC COMMISSION A SfAFF ,
Flas t6is persoWfum ever been a Ctty employee? YES NO
CIVIL SBRVICE COMMISSION
CIB COMMI7TEE
I�es this persodficm possess a sloLL �t nocwally possessed bp aqy YES PIO
cucrent City empbyee?
oKrswmc�couivcn.os�czrvEZ Neighborhoods
COUNCILWARD(S) 8Ct8Ct1 DISTRICfPLANNINGCOUNCII. � Stt9CS1
�1TINC PROBLEM, ISSUE, OPPORTUNII'Y (Who, W6ay When, Where, Whp?):
lic heax�ing is aecessary to agprove the astimated annual ogerating costs
above standard lightiag projacts.
�GES IF APPROVED:
88 A�OVB.
TAGES IF APPROYED:
tted property owaess will have asseasments payable via property taxes.
'ANCAGESIFNOTAPPROVED: � ,
City would have to pay the costs.
AMOI7N'P OF 1'AANSACTION: y �` �, 3 S , 0 0 D. 00 ws�rix�vE� svnc�n �cmcLE on�
ABSessmeats
fGSOURCE: � ACTIViTYNUMBER
INFORMATION: (EXPLA[N�
�oun� Research Center
�u� ,
YES NO
Council File # �—�� 7
��{����W
Presented
RESOLUTI ON
CITY OF S�INT PAUL, MINNESOTA
Green Sheet # 64023
'�5
Referred To � � Committee Date
1 BE TT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the July 6, 1999,
2 decision of the Legislative Hearing Officer on Properiy Code Enforcement Appeals for the following address:
3 Property Ap e alec� Appellant
4 1615 St. Anthonv Avenue Dorothy Irvin
5 Decision: .
6 ' 1�
1 c�e.`(�\cc� . -
7
8
9
10
11
12
13
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14
15
16 Adopted by Council: Date: � \� �°`�
17
18 Adoptio Certified by C uncil Secretary
19 By: ��� c�. � 1.v,�-�
20 ApF
21 Dat
22 By:
Requested by Department of:
:
Form Approved by City Attorney
:
Approved by Mayor for Submission to Councii
:
1
Council
Gerry Strathman, 266-8575
August 11, 1999
7-15-99
TOTAI # OF SIGNATURE PAGES
GREEN SHEET
��-���
No 64023
■ tJ cai,n.�rowFCSO. � cmcouxu� _
FOR ❑ CRYAiTOWEY ❑ fJ1TGFAR �
❑wux�w.,eaxcFSOa. ❑wweriu.mmKCro
❑YnYOR1oRA&miAMl) ❑
(CLIP ALL LOCATfOHS FOR S1GNA7URE)
Approving the decision of the Legislative Hearing Officer on Property Code Enforcement
Appeals for 1615 St. Anthony Avenue.
vuq � ivn npprove (n) or Ke�ect
PL4NMNG COMMISSION
CIB COMMITTEE
CIVIL SERVICE COMMISSION
F\79ciNi��7
RSONAL SERVILE GONiRAC75 MUST ANSWER iHE FOLLOWING QUESiSONS:
Has }his persorJfirm ever wrorked untler a writract fa fhis depaAmeM'7
YES NO
Hss this versoM(rm ever been a c"�lv emdovee9
VES NO
Does tlHS Derso��m D��s a sldN'rot namallYpossessed bY anY cutreM citY QmP�oYce�
YES NO
Is this persoNfirtn a targetetl vendoY7
YES NO
Counr� Rese�r�t� Ge�per
, : ,!;.
OF SRANSACTION f COSTIREVENUE BUDGESED (CIRCLE ON�
YES NO
ACTMTY NUMBER
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NOTES OF THE PROPEItTY CODE ENFORCENIENT MEETING
Tuesday, July 6, 1999
Room 330 Courthouse
Gerry Strathman, Legislarive Hearing Officer
b►
�� �
STAFF PRE5ENT: Brian Krawiecki, License, Inspecrions, Environmental Protection (LIEP),
Thomas LeClair, LIEP; Paula Seeley, Code Enforcement; Mike Urmann, Fire Prevention
The meeting was called to order at 1:33 p.m.
227 Montrose Place
(No one appeared representing Fire Prevention.)
Rick Thorne appeazed to appeal the requirement to insta1120 minute fire doors. The property
was built during the art deco era. These are the original doors.
Cerry Straihman granted a variance on the nonconforming doors with the following conditions:
1) the building must otherwise be in compliance, 2) when the nonconfornung doors need to be
replaced, they wi11 be replaced with conforming fire rated doors.
2026 and 2030 Brewster Street
(No one appeared representing Fire Prevention.)
Martin Nora and Peter Nora appeazed and stated they aze appealing the requirement to insta1120
minute fire doors. The building was built in the mid 1960's. They are hollow core doors.
Gerry Strathman asked were there any plans to replace the doors. The Noras responded they
were told by John Galles (Fire Prevention) that when the doors need to be replaced, they should
be replaced with fire rated doors. This is what they will do.
Gerry Strathman granted the variance on the nonconfornvng doors with the foliowing conditions:
i) the building must otherwise be in compliance, 2) when the nonconforming doors need to be
replaced, they will be replaced with conforming fire rated doors.
1166 Barclav Street
(No one appeared representing Fire Prevention.)
Paul Sprosty, owner, appeazed to appeal two issues: the requirement to install 20 minute fire
rated doors, and the requirement for 20 inch windows in the bedrooms. Mr. Sprosty stated his
windows are 14 inch ahm�inum sliders. There aze six of them.
Gerry Strattiman asked could someone be able to get out of the windows. Mr. Sprosty responded
the windows lift out. A person could exit in ten seconds.
�,���
PROPERTY CODE ENFORCEMENT NOTES OF 7-6-99
Page 2
Gerry Strathman granted a variauce on the nonconformuig doors and the non conforuiiug
windows with the following conditions: 1) the building must otherwise be in compiiance, 2)
when the nonconforming doors and the nonconforming windows need to be replaced, they will
be replaced with conforming fire rated doozs and confoiming windows.
643 and 647 Cleveland Avenue South
(No one appeazed representing Fire Prevention.)
Arlene Gralnek, owner, appeazed.
Gerry Strathxnan granted a variance on the nonconfornung doors with the following condirions:
1) the building must otherwise be in compliance, 2) when the nonconforming doors need to be
replaced, ti�ey will be replaced with conforming fire rated doors.
1521 McAfee Street
(No one apeared representing Fire Prevention.)
Tom Lindbeck, representing Lindbeck Family Trust, appeared and stated he is appealing severals
items on his deficiency/conection list.
Building walls: The building is approximately 15 years old and has some haizline cracks in the
stucco. It cracks every winter from expansion and contraction. He checked with a stucco
company and was told all stucco contracts.
Fire extinguishers: The inspector saw a fire extinguisher that belonged to a tenant and wanted
Mr. Lindbeck to remove it. Mr. Lindbeck does not feei he has a right to take the extinguisher.
Repairfreplace screen door: The apartments do not come with screen doors. The screen door
was removed.
Repair walls under sinks: The inspector looked at one sink instead of all eight. She saw that the
cabinet had a cut out in the back whereby the cabinet can slide over the pipes. This inspector
wants it repaired; however, it has been like that since it was built. None of the tenants want Mr.
Lindbeck in their apartments doing that. There is no hole between the pipe and the wall.
Gerry Sttathman granted the appeal as follows: the garage walls do not need repairing, tke
building walls do not need repairing, fire extinguishers do not need servicing, the walls under
sink do not need repauing. No one is here from the Fire Department to explain their actions, and
Mr. Lindbeck's arguments seem reasonable. The screen door issue is moot because it has been
removed.
PROPERTY CODE ENFORCEMENT NOTES OF 7-6-99
Lot 7. Lewiston Hei2hts, RourEh Addifion (South Highwood)
Page 3 �q ��� `
�� �
Ann Schley, owner, appeazed and stated she is lookiug for a variance to install her weli 60 feet
from the septic system instead of the required 75 feet in order to save some of trees and cause
less impact on the siope. This is a tree preservarion district in South Highwood.
Thomas LeClair reported that he has not received any plans regarding the on site system, the site
plan where the homes aze located, nor plans where the drain fieid is located. He has to have an
approved plan before he can approve the entire system. The owner is asking for a variance on the
separafion beriveen the well and the septic system, which is not in existence or plotted out.
(Mr. LeClair took a few minutes to review the plans provided by Ms. Schley.)
Mr. LeClair stated there is a system ouflined in Ms. Schley's pians that show primary and
secondary septic systems. Usually when this takes place, the entire system's plan comes to Mr.
LeClair by a registered professional from the Minnesota Pollution Control Agency (MPCA).
Everything is reviewed to make sure the site is receptive to a septic system. If there are giitches
in regazds to a separation problem, then those are handled through the appeals process. It is
uuknown if the solls are receptive.
Brian Krawiecki reported he is not sure from the drawing where the neighboring sewer systems
aze located, which is part of ihe separaUon issue here. MPCA personnel will find out where the
other drain fields aze to make sure the wells would not be sited too close to those neighboring
drain fields.
Gerry Strathman laid over this matter to the August 10, 1999, Property Code Enforcement
meeflng to give Ms. Schley an opportunity to talk to Mr. LeClair and Mr. Krawiecki.
1607 Hewitt Avenue
(No one appeared representing Fare Prevention.)
Frank Melendez appeazed and stated he is purchasing the building from Mike Schmid. They
worked on 47 of the items on the deficiency/correction list. He met with the inspectors last
week. The inspectars want to condemn the building, but Mr. Melendez would like time to work
on the building. Hopefully, he will talce ownership by the end of this month. He has asked Mr.
Schmid to give the tenants a 30 day notice. Mr. Melendez does not want to start wark on the
properry until he is sure he will be able to purchase the building.
Mr. Strathman stated the City has dealt with this property quite a bit; he is uncomfortable with
this situation.
(Mr. Strathman asked Mr. Melendez to wait a few minutes while the secretary checked to see if a
Fire Prevention inspector is available. No one was available.)
���
�
PROPERTY CODE ENFORCEMENT NOT"ES OF 7-6-99 Page 4
Gerry Strathman laid over to the August 10, 1999, Property Code Enforcement meeting. By that
time, Mr. Melendez may be the owner and the matter can be discussed again.
416 Charles Avenue
Dwain Matison, representing his daughter Tasha Lolar, appeared and stated he has found a place
to move. He needs until Friday to move into the apartment. His children aze not living there.
Just he and his wife will be there until Friday. He has Coleman laxnps, which run by battery.
Paula Seeley reported there was an extension cord connected to the ne�ct property. Mr. Matison
responded he has removed that. He has the Coleman lamps instead.
Gerry Strathman stated this situation is not great, but it can be withstood until Friday; however,
no kerosene or gas lamps are allowed.
Gerry Strathman denied the appeal citing the City Council wili approve his decision on July 14;
by that tixne, Mr. Matison will be out of the property.
591 Payne Avenue
(No one appeared representing the properiy nor representing Fire Prevention.)
Gerry Strathtnan denied the appeal.
616 I� Street East
(No one appeazed representing Fire Prevention.)
Robert Pilz, owner, appeazed.
Gerry Strathman granted a variance on the nonconforming doors with the following condirions:
1) the building must otherwise be in compliance, 2) when the nonconforming doors need to be
replaced, they will be repiaced with conforming fire rated doors.
421 Hollv Avenue
The following appeared: Paul and Judy King, owners, and William McManus, contractor.
(Mr. Fields presented a photograph to Gerry Strati�man.)
Mr. McManus stated he has 20 years eaperience. In the last 10 yeazs, he has specialized in
rehabilitating older homes. He has manufactured approximately 2,000 windows. He is here in a
voluntary capacity as an advisor to the Kings. The Kings were issued a permit on 4-12-99.
Approximately $10,000 worth of new, doubie hung, wood inserts were ordered that would
closely match the outside appearance as the Kings knew it. Mr. And Mrs. King went to great
�,�g�
PROPERTY CODE ENFORCEMENT NOTES OF 7-6-99 Page 5
lengths to match the eaterior look of the house. They aze on the verge of ordering more,
probably in the tune of $25,000 worth of windows. The house is over 100 years old. When the
Kings acquired the property, there was significant leakage in the roof and damage to the house.
The windows aze not operable or repairable. They jiggle in place, don't seal, and a breeze can
blow through.
Approximately a month ago, a person from LIEP told them to stop fiirther work on the property
until HPC personnei can come. Mr. Rubenstein said a mistake had been made in his office, but
everyone would have to live with this oversight. At that time, Mr. Rubenstein accepted the
windows would be instailed. About ten days later, Mr. McManus received a phone call from Mr.
Rubenstein, who said the windows purchased will be installed with the stipulation that the new
inserts ordered would match them so the overall appearance would not change or look strange.
Several days later, Mr. McManus received a letter which does not represent the verbal
agreements made in front of Mr. King and his son nor the telephone conversation between Mr.
McManus and Mr. Rubenstein. Mr. Rubenstein is asking average people to be experts in ] 9�'
Centuiy vernaculaz architecture.
(At this point, Mr. McManus presented a book with photographs showing Italianate houses. He
directed Mr. Strathman's attention to certain photographs of houses in regazd to windows. Mr.
McManus also showed Mr. Strathman photographs taken today of similar homes in the
neighborhood and showed photographs of how 421 Holly looks right now. Mr Rubenstein was
shown photographs also.)
In the letter, stated Mr. McManus, Mr. Rubenstein directs the owners to consuit with specialists
to see if the windows can be repaired or perhaps fitted with jamb liners. Mr. McManus stated
this cannot be done. Mr. Rubenstein also directs that the owners keep the eight light storm
windows and install them during the winter months to maintain this aspect of the building's
historic chazacter. However, photographs show the storm windows and the rot; it cannot be
done. Mr. McManus can made new windows for the entire house, but it may cost up to $60,000.
Mr. Rubenstein directs having wooden screen made for the house in order to restore the building
to iYs original condition; however, the building pernvt just says to replace with wood insert,
double hung windows.
Mr. Strathman asked did they want the windows ordered to be installed. Mr. McManus
responded they want to install the windows already ordered and to instali similar windows in the
rest of the house.
Aaron Rubenstein reported the owners have the right to install new windows. The suggestion
that the owners look at the windows to see if they can be repaired, was just a suggestion and not
an order. The issue is the configuration of the windows. The perxnit was issued with insufficient
detail. The person who issued the report was told by Mr. King that he had experience in
restoring historic buildings, and the appearance of the building would not change. The exisring
original prime windows are two over two. Looldng at two of the photographs of other houses in
�����
PROPERTY CODE ENFORCEMENT NOTES OF 7-6-99
Page 6
the azea, one of the houses is not an Italianate style house. These are not necessarily examples
that pertain to this case.
Mr. Strathman asked about the pictures from the book of Italianate houses. From looking at the
book, there appears to be some Italianate houses that have that type of window. (Mr. McManus
showed Mr. Rubenstein pictures in the book.) Mr. Rubenstein responded what comes to mind is
which are storm windows or prime windows, and whether they aze original. Although it is
possible that some of these may have four over four windows originally, wbat is most important
is to look at the pattern of this particular house. Historic distriet guidelines make very clear that
what should be replicated aze details of the house, and not details and features taken from other
buildings. Mr. Rubenstein was told that the new windows would match the original, but the
original appearance ofthe windows are two over two.
NIr. Rubenstein stated they met on the site on June 1, and he never indicated that the four over
four windows were acceptable. He may have said he understands they were ardered. What he
said in the letter does not contradict what he said before.
Gerry Strathman granted the appeal to allow fhe owners to install the purchased windows and to
purchase and install similar windows elsewhere in the house. The Kings made a good faith
effort to act in conformance with the rules as the Kings understood them. It seems the windows
ordered do not represent a flagrant disregard of the character and nature of the neighborhood.
1615 St. Anthony Avenue
(Michael Urmann arrived during this appeal.)
Dorothy Irvin, owner, and Susan Mercurio, neighbor, appeared. Ms. Trvin stated the building
inspector called her when she was out of town and said she needed to cut her grass. She had
someone cut it and informed the inspector. Later, another inspector said she needed to cut ail of
her grass.
(Ms. Irvin presented photographs to Gerry Stratiunan.)
Ms. Mercurio stated Ms. Irvin has a wildflower gazden with native prairie grasses. Thete is an
area of lawn inside the wildflower garden. It is sepazated by a circle of stones, stated Ms. Irvin.
The fire inspector said she wouid have to cut all the ta11 grass, even the part that is contained and
maintained.
Ms. Irvin has consulted the Department ofNatural Resources and the Minnesota Aorticultural
and has received lots of support.
Mr. Strathman stated the Council adopted an ordinance with respect to boulevard plantings, but
the area in question is not a boulevazd. Ms. Irvin responded tkus is in her front yard; it is
surrounded by a retaining wall in front, a lilac hedge on one side, a little walk that comes to her
FROPERTY COAE ENFORCEMENT NOTES OF 7-6-99
,���
Page 7 �
front door on the other side, and the lawn is separated by a semi circle of stones. No one has ever
told her until now that she had to cut the plants below eight inches.
Michael Urmann reported the plantings do not meet the boulevazd requirement of not exceeding
24 inches in height. Also, Mr. Urmann feels some of the plantings may be no�ous weeds.
(Mr. Urmann presented photographs to Gerry Strathman that were taken last week. Ms. Irvin
also was presented these photogzaplv�.)
Mr. Strathman asked the height of the plants. Mr. Uzmann responded three to four feet in some
places.
Ms. Irvin stated she is asking to keep her tall grasses and wildflower plantings within her
borders. She has trimmed back everything growing outside the borders. Earlier photographs
would show plants growing outside their borders. The photographs she took on Saturday show
her yard looking good.
Ms. Mercurio asked for the definition of no�ous weed. Native prairie giasses are considered
ornamental. (Ms. Strathman read the definition of a noxious weed as set forth in Chapter 105 of
the Saint Paul Legislative Code.) Ms. Irvin stated notivng on the weed list is growing on her
properry to the best of her I�owledge. If they aze and a fire inspector or botanist identifies them,
she will remove them.
Mr. Strathman asked is there a rule about the location of a garden. Mr. Urmann responded no.
The real issue is whether the garden is tidy or a mess, stated Mr. Strathman. Ms. Irvin's
photographs show it being neat and tidy. The photographs shown by Mr. Urmann are on the
messy side.
Gerry Strathman granted the appeal to keep the tall grasses with the following condition: the
grasses wi11 be maintained and contained to keep them from becoming overgrown and a blight.
Note: Mr. Strathman granted Ms. Irvin's request for a refund of her appeal fee due to financial
hazdship.
1252 Seventh Street East
(No one appeared representing the properiy.}
Mr. Urmann reported this is a standard fire door situation.
Gerry Strathman granted a variance on the nonconfornung doors with the following conditions:
1) the building must otherwise be in compiiance, 2) when the nonconforming doors need to be
replaced, they wi11 be replaced with conforming fire rated doors.
�,���
PROPBRTY CODE ENFORCEMENT NOTES OF 7-6-99
559 NlcKnight Road South
,,,_ .
.
Gerry Strathman laid over to the October 5, 1999, Property Code Enforcement meeting pursuant
to the agreement being fulfilled between Leonard Anderson and Code Enforcement. This
agreement lays out a schedule whereby Mr. Anderson will make the necessary repairs to his
home. If the agreement is adhered to, all items on this agreement wiil be fulfilled by October 1,
1999.
The meeting was adjourned at 3:07 pm.
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L�
CITY OF ST, PAUL
PRELIMINAItY ORDER
aRi��NAt
�S
By
File Noll As Listed
Voting ward 1,2,3.4,7
aa
In the Matter of the Operation of the Above Standard Street Lighting System
for the months of January thru December, 2000 for the following:
18321
18390
18423
18430
18510
18550
18590
18612
18626
18778
18861
Lowertown Area
Ford-Cleveland Area
Grand-West Area
North Wabasha Area
Wabasha-5th-6th Area
Concord Phase i Area
St. Peter Street Area
University-Western-Mackubin Area
Snelling-Randolph Area
Children�s Hospital Area
Como-Snelling Area
18336
15392
18425
18434
18525
18588
18607
18634
18709
18854
Selby-Western Area
Grand-East S Area
Grand-East II Area
Smith Avenue Area
Selby Revitalization Area #1
Selby Revitalization Area #2
River Park Plaza Area
E. 7th-ArCade Area
City Hall-Court Aouse Area
Landmark Center Area
The Council of the City of Saint Paul having received the report of the
Mayor upon the above improvement, and having considered said report, hereby
resolves:
1. That the said report and the same is hereby approve with no
alternatives, and that the estimated cost thereof is $135 000.00, financed by
assessments only.
2. That a public hearing be had on said improvement on the 6th dav of
October, 1999, at 5:30 o'clock p.m., in the Council Chambers of the City Hall
and Court xouse Building in the City of Saint Paul.
3. That notice of said public hearing be given to the persons and in the
manner provided by the Charter, stating the time and place of hearing, the
nature of the improvement and the total cost thereof as estimated.
COUNCILPERSONS
Yeas Nays
�nanav
+�8�akey
� strom
i.2'oleman
�rris
x try
eiter
� In Favor
� Against
PIiRf I.SNFr
SEP 41999
Adopted by the Council: Date���
1
Certified Passed by the Council Secretary
sy a , V�-
�/,� L � Mayor
6 /�
911R1ItM7Cfv
: � : ,.►.
� _-._ Z . � . ' ' ' - ' _
Public Hearin : 10/06199 �_ - � : r : ��._: _, `- �
_� �� � ... � ._. �� �. . _ �
T.M.S./REAL�ESTATE DIVISIO .� Da�•`'7 26 9y"
„ ,.� 3. nn
ontaM P�son and P6one Number �' �> £'� m "'� ��:
. i ,� . _ .f�sw��°-�- ,....
Roxanna Flink��•" ; ` 266-8859 . ;- `
/�s .� _
y,-
� `" , . �
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Green Sheet Numberc 3 09457� �'�
, �=
u�crox ., crrY ' � ��'�
. - � AITORNEY - . �. CI1'P Q.ER% . � . _
;��
-�,�
:Ef DIItECTOR - . - � TECB. & MGT. SVC DIR. + - � - ,?
s =`
DR(ORASSISTANI) 1 CoUNCII.uFCweuCg : � _ ?""•=`;
t be on Council A enda b : 08118l99 �� � � � � � � ' � � � ���� '�'
a=
L# OF SIGNAI'QRE PAGES 2 (CLIP ALL IACATIONS FOR SI6NATURE) � � ' `� " - -���'
JNRBQUES7'ED: � -: - � " ,- �-., - - .-.r =-- - - `"'„ - �. '� 'v
tiag date of public hearing for, tha estimated� operating costs. #or 21 .;; �
adard street lights for 2000. � _ : � � � 'w�w � � �,.-
`�' , �'`�'s�. a �a. � � „�
e Nos. (See Attached) I '' � t� ,� `�`�'
dMENDATIONSs APPROVE (A) O6 REJECT (R) ERSONAL SERVICE CONfRACTS MUST AN9WER 271E FOLLOWING: -
. Flas the persoNtlrm ever worked undena contract for this deper�ent? " YES NO
PLANNINC COMMISSION A SfAFF ,
Flas t6is persoWfum ever been a Ctty employee? YES NO
CIVIL SBRVICE COMMISSION
CIB COMMI7TEE
I�es this persodficm possess a sloLL �t nocwally possessed bp aqy YES PIO
cucrent City empbyee?
oKrswmc�couivcn.os�czrvEZ Neighborhoods
COUNCILWARD(S) 8Ct8Ct1 DISTRICfPLANNINGCOUNCII. � Stt9CS1
�1TINC PROBLEM, ISSUE, OPPORTUNII'Y (Who, W6ay When, Where, Whp?):
lic heax�ing is aecessary to agprove the astimated annual ogerating costs
above standard lightiag projacts.
�GES IF APPROVED:
88 A�OVB.
TAGES IF APPROYED:
tted property owaess will have asseasments payable via property taxes.
'ANCAGESIFNOTAPPROVED: � ,
City would have to pay the costs.
AMOI7N'P OF 1'AANSACTION: y �` �, 3 S , 0 0 D. 00 ws�rix�vE� svnc�n �cmcLE on�
ABSessmeats
fGSOURCE: � ACTIViTYNUMBER
INFORMATION: (EXPLA[N�
�oun� Research Center
�u� ,
YES NO
Council File # �—�� 7
��{����W
Presented
RESOLUTI ON
CITY OF S�INT PAUL, MINNESOTA
Green Sheet # 64023
'�5
Referred To � � Committee Date
1 BE TT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the July 6, 1999,
2 decision of the Legislative Hearing Officer on Properiy Code Enforcement Appeals for the following address:
3 Property Ap e alec� Appellant
4 1615 St. Anthonv Avenue Dorothy Irvin
5 Decision: .
6 ' 1�
1 c�e.`(�\cc� . -
7
8
9
10
11
12
13
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14
15
16 Adopted by Council: Date: � \� �°`�
17
18 Adoptio Certified by C uncil Secretary
19 By: ��� c�. � 1.v,�-�
20 ApF
21 Dat
22 By:
Requested by Department of:
:
Form Approved by City Attorney
:
Approved by Mayor for Submission to Councii
:
1
Council
Gerry Strathman, 266-8575
August 11, 1999
7-15-99
TOTAI # OF SIGNATURE PAGES
GREEN SHEET
��-���
No 64023
■ tJ cai,n.�rowFCSO. � cmcouxu� _
FOR ❑ CRYAiTOWEY ❑ fJ1TGFAR �
❑wux�w.,eaxcFSOa. ❑wweriu.mmKCro
❑YnYOR1oRA&miAMl) ❑
(CLIP ALL LOCATfOHS FOR S1GNA7URE)
Approving the decision of the Legislative Hearing Officer on Property Code Enforcement
Appeals for 1615 St. Anthony Avenue.
vuq � ivn npprove (n) or Ke�ect
PL4NMNG COMMISSION
CIB COMMITTEE
CIVIL SERVICE COMMISSION
F\79ciNi��7
RSONAL SERVILE GONiRAC75 MUST ANSWER iHE FOLLOWING QUESiSONS:
Has }his persorJfirm ever wrorked untler a writract fa fhis depaAmeM'7
YES NO
Hss this versoM(rm ever been a c"�lv emdovee9
VES NO
Does tlHS Derso��m D��s a sldN'rot namallYpossessed bY anY cutreM citY QmP�oYce�
YES NO
Is this persoNfirtn a targetetl vendoY7
YES NO
Counr� Rese�r�t� Ge�per
, : ,!;.
OF SRANSACTION f COSTIREVENUE BUDGESED (CIRCLE ON�
YES NO
ACTMTY NUMBER
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NOTES OF THE PROPEItTY CODE ENFORCENIENT MEETING
Tuesday, July 6, 1999
Room 330 Courthouse
Gerry Strathman, Legislarive Hearing Officer
b►
�� �
STAFF PRE5ENT: Brian Krawiecki, License, Inspecrions, Environmental Protection (LIEP),
Thomas LeClair, LIEP; Paula Seeley, Code Enforcement; Mike Urmann, Fire Prevention
The meeting was called to order at 1:33 p.m.
227 Montrose Place
(No one appeared representing Fire Prevention.)
Rick Thorne appeazed to appeal the requirement to insta1120 minute fire doors. The property
was built during the art deco era. These are the original doors.
Cerry Straihman granted a variance on the nonconforming doors with the following conditions:
1) the building must otherwise be in compliance, 2) when the nonconfornung doors need to be
replaced, they wi11 be replaced with conforming fire rated doors.
2026 and 2030 Brewster Street
(No one appeared representing Fire Prevention.)
Martin Nora and Peter Nora appeazed and stated they aze appealing the requirement to insta1120
minute fire doors. The building was built in the mid 1960's. They are hollow core doors.
Gerry Strathman asked were there any plans to replace the doors. The Noras responded they
were told by John Galles (Fire Prevention) that when the doors need to be replaced, they should
be replaced with fire rated doors. This is what they will do.
Gerry Strathman granted the variance on the nonconfornvng doors with the foliowing conditions:
i) the building must otherwise be in compliance, 2) when the nonconforming doors need to be
replaced, they will be replaced with conforming fire rated doors.
1166 Barclav Street
(No one appeared representing Fire Prevention.)
Paul Sprosty, owner, appeazed to appeal two issues: the requirement to install 20 minute fire
rated doors, and the requirement for 20 inch windows in the bedrooms. Mr. Sprosty stated his
windows are 14 inch ahm�inum sliders. There aze six of them.
Gerry Strattiman asked could someone be able to get out of the windows. Mr. Sprosty responded
the windows lift out. A person could exit in ten seconds.
�,���
PROPERTY CODE ENFORCEMENT NOTES OF 7-6-99
Page 2
Gerry Strathman granted a variauce on the nonconformuig doors and the non conforuiiug
windows with the following conditions: 1) the building must otherwise be in compiiance, 2)
when the nonconforming doors and the nonconforming windows need to be replaced, they will
be replaced with conforming fire rated doozs and confoiming windows.
643 and 647 Cleveland Avenue South
(No one appeazed representing Fire Prevention.)
Arlene Gralnek, owner, appeazed.
Gerry Strathxnan granted a variance on the nonconfornung doors with the following condirions:
1) the building must otherwise be in compliance, 2) when the nonconforming doors need to be
replaced, ti�ey will be replaced with conforming fire rated doors.
1521 McAfee Street
(No one apeared representing Fire Prevention.)
Tom Lindbeck, representing Lindbeck Family Trust, appeared and stated he is appealing severals
items on his deficiency/conection list.
Building walls: The building is approximately 15 years old and has some haizline cracks in the
stucco. It cracks every winter from expansion and contraction. He checked with a stucco
company and was told all stucco contracts.
Fire extinguishers: The inspector saw a fire extinguisher that belonged to a tenant and wanted
Mr. Lindbeck to remove it. Mr. Lindbeck does not feei he has a right to take the extinguisher.
Repairfreplace screen door: The apartments do not come with screen doors. The screen door
was removed.
Repair walls under sinks: The inspector looked at one sink instead of all eight. She saw that the
cabinet had a cut out in the back whereby the cabinet can slide over the pipes. This inspector
wants it repaired; however, it has been like that since it was built. None of the tenants want Mr.
Lindbeck in their apartments doing that. There is no hole between the pipe and the wall.
Gerry Sttathman granted the appeal as follows: the garage walls do not need repairing, tke
building walls do not need repairing, fire extinguishers do not need servicing, the walls under
sink do not need repauing. No one is here from the Fire Department to explain their actions, and
Mr. Lindbeck's arguments seem reasonable. The screen door issue is moot because it has been
removed.
PROPERTY CODE ENFORCEMENT NOTES OF 7-6-99
Lot 7. Lewiston Hei2hts, RourEh Addifion (South Highwood)
Page 3 �q ��� `
�� �
Ann Schley, owner, appeazed and stated she is lookiug for a variance to install her weli 60 feet
from the septic system instead of the required 75 feet in order to save some of trees and cause
less impact on the siope. This is a tree preservarion district in South Highwood.
Thomas LeClair reported that he has not received any plans regarding the on site system, the site
plan where the homes aze located, nor plans where the drain fieid is located. He has to have an
approved plan before he can approve the entire system. The owner is asking for a variance on the
separafion beriveen the well and the septic system, which is not in existence or plotted out.
(Mr. LeClair took a few minutes to review the plans provided by Ms. Schley.)
Mr. LeClair stated there is a system ouflined in Ms. Schley's pians that show primary and
secondary septic systems. Usually when this takes place, the entire system's plan comes to Mr.
LeClair by a registered professional from the Minnesota Pollution Control Agency (MPCA).
Everything is reviewed to make sure the site is receptive to a septic system. If there are giitches
in regazds to a separation problem, then those are handled through the appeals process. It is
uuknown if the solls are receptive.
Brian Krawiecki reported he is not sure from the drawing where the neighboring sewer systems
aze located, which is part of ihe separaUon issue here. MPCA personnel will find out where the
other drain fields aze to make sure the wells would not be sited too close to those neighboring
drain fields.
Gerry Strathman laid over this matter to the August 10, 1999, Property Code Enforcement
meeflng to give Ms. Schley an opportunity to talk to Mr. LeClair and Mr. Krawiecki.
1607 Hewitt Avenue
(No one appeared representing Fare Prevention.)
Frank Melendez appeazed and stated he is purchasing the building from Mike Schmid. They
worked on 47 of the items on the deficiency/correction list. He met with the inspectors last
week. The inspectars want to condemn the building, but Mr. Melendez would like time to work
on the building. Hopefully, he will talce ownership by the end of this month. He has asked Mr.
Schmid to give the tenants a 30 day notice. Mr. Melendez does not want to start wark on the
properry until he is sure he will be able to purchase the building.
Mr. Strathman stated the City has dealt with this property quite a bit; he is uncomfortable with
this situation.
(Mr. Strathman asked Mr. Melendez to wait a few minutes while the secretary checked to see if a
Fire Prevention inspector is available. No one was available.)
���
�
PROPERTY CODE ENFORCEMENT NOT"ES OF 7-6-99 Page 4
Gerry Strathman laid over to the August 10, 1999, Property Code Enforcement meeting. By that
time, Mr. Melendez may be the owner and the matter can be discussed again.
416 Charles Avenue
Dwain Matison, representing his daughter Tasha Lolar, appeared and stated he has found a place
to move. He needs until Friday to move into the apartment. His children aze not living there.
Just he and his wife will be there until Friday. He has Coleman laxnps, which run by battery.
Paula Seeley reported there was an extension cord connected to the ne�ct property. Mr. Matison
responded he has removed that. He has the Coleman lamps instead.
Gerry Strathman stated this situation is not great, but it can be withstood until Friday; however,
no kerosene or gas lamps are allowed.
Gerry Strathman denied the appeal citing the City Council wili approve his decision on July 14;
by that tixne, Mr. Matison will be out of the property.
591 Payne Avenue
(No one appeared representing the properiy nor representing Fire Prevention.)
Gerry Strathtnan denied the appeal.
616 I� Street East
(No one appeazed representing Fire Prevention.)
Robert Pilz, owner, appeazed.
Gerry Strathman granted a variance on the nonconforming doors with the following condirions:
1) the building must otherwise be in compliance, 2) when the nonconforming doors need to be
replaced, they will be repiaced with conforming fire rated doors.
421 Hollv Avenue
The following appeared: Paul and Judy King, owners, and William McManus, contractor.
(Mr. Fields presented a photograph to Gerry Strati�man.)
Mr. McManus stated he has 20 years eaperience. In the last 10 yeazs, he has specialized in
rehabilitating older homes. He has manufactured approximately 2,000 windows. He is here in a
voluntary capacity as an advisor to the Kings. The Kings were issued a permit on 4-12-99.
Approximately $10,000 worth of new, doubie hung, wood inserts were ordered that would
closely match the outside appearance as the Kings knew it. Mr. And Mrs. King went to great
�,�g�
PROPERTY CODE ENFORCEMENT NOTES OF 7-6-99 Page 5
lengths to match the eaterior look of the house. They aze on the verge of ordering more,
probably in the tune of $25,000 worth of windows. The house is over 100 years old. When the
Kings acquired the property, there was significant leakage in the roof and damage to the house.
The windows aze not operable or repairable. They jiggle in place, don't seal, and a breeze can
blow through.
Approximately a month ago, a person from LIEP told them to stop fiirther work on the property
until HPC personnei can come. Mr. Rubenstein said a mistake had been made in his office, but
everyone would have to live with this oversight. At that time, Mr. Rubenstein accepted the
windows would be instailed. About ten days later, Mr. McManus received a phone call from Mr.
Rubenstein, who said the windows purchased will be installed with the stipulation that the new
inserts ordered would match them so the overall appearance would not change or look strange.
Several days later, Mr. McManus received a letter which does not represent the verbal
agreements made in front of Mr. King and his son nor the telephone conversation between Mr.
McManus and Mr. Rubenstein. Mr. Rubenstein is asking average people to be experts in ] 9�'
Centuiy vernaculaz architecture.
(At this point, Mr. McManus presented a book with photographs showing Italianate houses. He
directed Mr. Strathman's attention to certain photographs of houses in regazd to windows. Mr.
McManus also showed Mr. Strathman photographs taken today of similar homes in the
neighborhood and showed photographs of how 421 Holly looks right now. Mr Rubenstein was
shown photographs also.)
In the letter, stated Mr. McManus, Mr. Rubenstein directs the owners to consuit with specialists
to see if the windows can be repaired or perhaps fitted with jamb liners. Mr. McManus stated
this cannot be done. Mr. Rubenstein also directs that the owners keep the eight light storm
windows and install them during the winter months to maintain this aspect of the building's
historic chazacter. However, photographs show the storm windows and the rot; it cannot be
done. Mr. McManus can made new windows for the entire house, but it may cost up to $60,000.
Mr. Rubenstein directs having wooden screen made for the house in order to restore the building
to iYs original condition; however, the building pernvt just says to replace with wood insert,
double hung windows.
Mr. Strathman asked did they want the windows ordered to be installed. Mr. McManus
responded they want to install the windows already ordered and to instali similar windows in the
rest of the house.
Aaron Rubenstein reported the owners have the right to install new windows. The suggestion
that the owners look at the windows to see if they can be repaired, was just a suggestion and not
an order. The issue is the configuration of the windows. The perxnit was issued with insufficient
detail. The person who issued the report was told by Mr. King that he had experience in
restoring historic buildings, and the appearance of the building would not change. The exisring
original prime windows are two over two. Looldng at two of the photographs of other houses in
�����
PROPERTY CODE ENFORCEMENT NOTES OF 7-6-99
Page 6
the azea, one of the houses is not an Italianate style house. These are not necessarily examples
that pertain to this case.
Mr. Strathman asked about the pictures from the book of Italianate houses. From looking at the
book, there appears to be some Italianate houses that have that type of window. (Mr. McManus
showed Mr. Rubenstein pictures in the book.) Mr. Rubenstein responded what comes to mind is
which are storm windows or prime windows, and whether they aze original. Although it is
possible that some of these may have four over four windows originally, wbat is most important
is to look at the pattern of this particular house. Historic distriet guidelines make very clear that
what should be replicated aze details of the house, and not details and features taken from other
buildings. Mr. Rubenstein was told that the new windows would match the original, but the
original appearance ofthe windows are two over two.
NIr. Rubenstein stated they met on the site on June 1, and he never indicated that the four over
four windows were acceptable. He may have said he understands they were ardered. What he
said in the letter does not contradict what he said before.
Gerry Strathman granted the appeal to allow fhe owners to install the purchased windows and to
purchase and install similar windows elsewhere in the house. The Kings made a good faith
effort to act in conformance with the rules as the Kings understood them. It seems the windows
ordered do not represent a flagrant disregard of the character and nature of the neighborhood.
1615 St. Anthony Avenue
(Michael Urmann arrived during this appeal.)
Dorothy Irvin, owner, and Susan Mercurio, neighbor, appeared. Ms. Trvin stated the building
inspector called her when she was out of town and said she needed to cut her grass. She had
someone cut it and informed the inspector. Later, another inspector said she needed to cut ail of
her grass.
(Ms. Irvin presented photographs to Gerry Stratiunan.)
Ms. Mercurio stated Ms. Irvin has a wildflower gazden with native prairie grasses. Thete is an
area of lawn inside the wildflower garden. It is sepazated by a circle of stones, stated Ms. Irvin.
The fire inspector said she wouid have to cut all the ta11 grass, even the part that is contained and
maintained.
Ms. Irvin has consulted the Department ofNatural Resources and the Minnesota Aorticultural
and has received lots of support.
Mr. Strathman stated the Council adopted an ordinance with respect to boulevard plantings, but
the area in question is not a boulevazd. Ms. Irvin responded tkus is in her front yard; it is
surrounded by a retaining wall in front, a lilac hedge on one side, a little walk that comes to her
FROPERTY COAE ENFORCEMENT NOTES OF 7-6-99
,���
Page 7 �
front door on the other side, and the lawn is separated by a semi circle of stones. No one has ever
told her until now that she had to cut the plants below eight inches.
Michael Urmann reported the plantings do not meet the boulevazd requirement of not exceeding
24 inches in height. Also, Mr. Urmann feels some of the plantings may be no�ous weeds.
(Mr. Urmann presented photographs to Gerry Strathman that were taken last week. Ms. Irvin
also was presented these photogzaplv�.)
Mr. Strathman asked the height of the plants. Mr. Uzmann responded three to four feet in some
places.
Ms. Irvin stated she is asking to keep her tall grasses and wildflower plantings within her
borders. She has trimmed back everything growing outside the borders. Earlier photographs
would show plants growing outside their borders. The photographs she took on Saturday show
her yard looking good.
Ms. Mercurio asked for the definition of no�ous weed. Native prairie giasses are considered
ornamental. (Ms. Strathman read the definition of a noxious weed as set forth in Chapter 105 of
the Saint Paul Legislative Code.) Ms. Irvin stated notivng on the weed list is growing on her
properry to the best of her I�owledge. If they aze and a fire inspector or botanist identifies them,
she will remove them.
Mr. Strathman asked is there a rule about the location of a garden. Mr. Urmann responded no.
The real issue is whether the garden is tidy or a mess, stated Mr. Strathman. Ms. Irvin's
photographs show it being neat and tidy. The photographs shown by Mr. Urmann are on the
messy side.
Gerry Strathman granted the appeal to keep the tall grasses with the following condition: the
grasses wi11 be maintained and contained to keep them from becoming overgrown and a blight.
Note: Mr. Strathman granted Ms. Irvin's request for a refund of her appeal fee due to financial
hazdship.
1252 Seventh Street East
(No one appeared representing the properiy.}
Mr. Urmann reported this is a standard fire door situation.
Gerry Strathman granted a variance on the nonconfornung doors with the following conditions:
1) the building must otherwise be in compiiance, 2) when the nonconforming doors need to be
replaced, they wi11 be replaced with conforming fire rated doors.
�,���
PROPBRTY CODE ENFORCEMENT NOTES OF 7-6-99
559 NlcKnight Road South
,,,_ .
.
Gerry Strathman laid over to the October 5, 1999, Property Code Enforcement meeting pursuant
to the agreement being fulfilled between Leonard Anderson and Code Enforcement. This
agreement lays out a schedule whereby Mr. Anderson will make the necessary repairs to his
home. If the agreement is adhered to, all items on this agreement wiil be fulfilled by October 1,
1999.
The meeting was adjourned at 3:07 pm.
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