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00-1125� x , G�1�4�AL Council Fffe # pp � 1 \�S Green Sheet # 105991 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented by Keferred To Committee Date �S 1 SE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the November 21, 2 2000, decision of the Legislative Hearing Officer on Properiy Code Enfarcement Appeals for the following 3 addresses: 4 Propertv Appealed A� eiro lant 5 1712 Grand Avenue Charles Rundquist 6 Decision: Variance granted on the nonconforming doors with the following conditions: 1) when the 7 nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the 8 building must otherwise be in compliance. 9 1160 Grand Avenue Jef&ey Messerich 10 Decision: Variance granted on the nonconfornung doors with the following conditions: 1) when the 11 nonconforming doars need to be replaced, they will be replaced with conforming fire rated doors, 2) the 12 building must otherwise be in compiiance. 13 1290 Grand Avenue Mike Keller 14 Decision: Variance granted on the nonconforming doors with the following conditions: 1) when the 15 nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the 16 building must otherwise be in compliance. 17 234-238 Dunlan Street South No one appeared to represent the properiy. 18 Decision: Variance granted on the nonconfornung doors with the following conditions: 1) when the 19 nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the owner 20 will comply with a11 outstanding orders. 21 1915 Third Street 22 Decision: Appeal denied on the Vacant Building Fee. Robert Tyler 23 927 Hudson Road 24 Gerry Kalusky of SMRLS Janice Smith of ffiC 25 Decision: Appeal denied on nofice of condemnation as unfit for human habitation and a order to vacate issued 26 on June 14, 2000. 27 767 Eusfis Street 28 Decision: Appeal withdrawn. Tom Goodman for Case Corporation 29 376 Fuller Avenue Shoua Xiong 30 Decision: Variance granted on the nonstandard window with the following condition: 1) when the nonstandard Crreen Sheet 105991 1 window needs to be replaced, it will be replaced with a code compliance window. 2 1171 Minnehaha Avenue 3 Decision: Appeal withdrawn. Anthony Ackermann 0 0- ��as 4 300 Anuidel Street. 431 Mazshall Avenue. 437 Marshall Avenue Catherine Gavzy for The Gavzy Group 5 Decision: Appeal withdrawn. 6 633 Selbv Avenue #A Catherine Gavzy foz The Gavzy Group 7 Decision: Laid over to the Legislative Hearing on December 5, 2000. 8 � 9 10 11 12 13 14 15 Yeas Nays Absent Blakey �/ Coleman Harris Benanav � Reiter f Bostrom � Lantry �� i 6 Adopted by Council: Date ��„ �� ' 'jp p� 18 Adoption Ce 'fied by Council Secre 19 By: , ��ts�.:�� 20 /y/ 21 Approved by Mayor: Date c � (/i Z� 22 23 By: _ Requested by Department of: � Form Approved by City Attomey � Approved by M�yyor'for Submission to Council 2 oo-1�as GREEN SHEET Strathman, xw�a wn r•_i""ri�� TOTAL � OF SIGNATURE PAGES m�un�ru�aie No 105991 areeawra ❑ anwmear ❑ arveaa¢, ❑ nu�oR�aa�ow ❑ wwxcu.aawKera ❑ wvairoRiaarwin ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approving the November 21, 2000, decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for Che following addresses: 927 Hudson Road, 1915 Third Street, 1712 Grand Avenue, 1160 Grand Avenue, 1290 Grand Avenue, 767 Eustis Street, 376 Fuller Avenue, 1171 Minnehaha Avenue East, 300 Arundel Street, 431 Marshall Avenue, 437 Marshall Avenue, 234-238 Dunlap Street South, 633 Selby Avenue IFA. PLANNING COMMISSION qB COMMITTEE CNIL SERVICE CAMMISSION IF Has Nis D��m ererwaked undera oonhaat torthia dePa�eM'! VES NO Has ttxs PeisoNfirm asr 6een e dty empbyee7 YE3 NO Does this percoMfiimyobees e sldll �wt normalrypweessetl by any arreM ciry empbyce4 YES NO la tlxe pe�soNfirm n tarpMetl vendarl YES NO �`i4�d�� czfC�1 v9?!�L'C �'�,: �: �;�;1'i TRANSACTION cosrrt+EVaue euooerm t�c� ox� ACTNI7Y NUMBER rea NO <e�aM oo-l�a� NOTES OF TI� PROPERTY CODE ENFORCEMENT MEETING Tuesday, November 21, 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 130 p.m. STAFF PRESENT: Mike Urmann, Fire Prevention; Richard Singerhouse, Code Enforcement; Chazles Votel, Code Enforcement 1712 Grand Avenue Charles Rundquist appeared and stated he is the owner of this property. Mr. Rundquist is requesting a variance on twenty minute fire rated doors. Mike Urmann reported he has no concerns with this property. Gerry Strathman granted a variance on the nonconfornung doors on the following conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with confoimixig fire rated doors, 2) the building must otherwise be in compliance. 116Q Grand Avenue Jeffrey Messerich appeazed and stated he is the owner of this properry. Mr. Messerich is requesting a variance on riventy minute fire rated doors. Mike Urmann reported he has no concerns with this property. Gerry Strathman granted a variance on the nonconforming doors on the foilowing conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the building must othenvise be in compliance. 1290 Grand Avenue Mike Keller appeazed and stated he is the caretaker of this property. Mr. Keller is requesting a variance on twenty minute fire rated doors. Mike Urmann reported he has no concerns with this properry. Gerry Strathman granted a variance on the nonconfomung doors on the following conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance. 234-238 Dunla South D�- 6/aS PROPERTY CODE ENFORCEMENT NOT'ES OF 11-21-2000 Page 2 No one appeared to represent this property. Mike Urmann reported this is a standard appeal requesting a variance on twenty minute fire rated doors and there aze no concerns with this property. Gerry Strathman granted a variance on the nonconforming doors on the following conditions: 1) when the nonconfomung doors need to be replaced, they will be replaced with confornung fire rated doors, 2) the building must otherwise be in compliance. 1915 Third Street East Robert Tyler appeazed and stated he is the owner of this property. Mr. Tyler received a vacant building notice. The house was purchased in January and remodeling is currently being done to prepaze the house for sale. Mr. Tyler believes the two hundred dollaz fee for a vacant building is unnecessary. Gerry Strathman asked when Mr. Tyler intends on selling the property. Mr. Tyler responded before Spring, but he does not understand the requirement of a vacant building fee because work is currently being done to improve the properry. Mr. Strathman explained the vacant buiiding fee is to cover Saint Paul's cost to monitor the vacant building. City staff is required to monitor vacant buildings more frequently than occupied buildings to make sure they aze properly maintained. Since this property will not be ready for sale until Spring the Ciry wili continue to monitar this property until it is sold. Mr. Tyler stated he believes this fee is the outcome of a neighbor's complaint. Mr. Strathman responded that this is not an isolated incident. All vacant properties withiu Saint Paul are required to pay a vacant building fee. Mr. Tyler asked Rich Singerhouse what types of discrepancies were found during the inspection of this property. Rich Singerhouse reported his fmdings were that the building was vacant. Mr. Tyler responded he has resided at this properiy off and on for eleven months and does not understand the vacant building definition. Mr. Strathman explained this building is on the registered vacant building list, and it should not be occupied until it is removed from the list and a code compliance inspection has been done. Mr. Strathxnan denied the appeal based on the responsibility of the cily to monitor this properiy unril it is sold. 0o iia.� PROPERTY CODE ENFORCEMENT NOTES OF 11-21-2000 Page 3 927 Hudson Road (Laid over from 7-11-00 and 5-15-00) Gerry Kalu�y, Southern Minnesota Regional Legal Services (SMRLS), appeazed and stated that the office he represents has worked with Michael Fothergill in the past to helg him save his mortgage. SMI2I,S is trying to help save this housing for a mentally challenged person with a child. Mr. Fothergill is currently in Oklahoma attending a custody proceeding for an alleged kidnaping of his child. In the absence of Mr. Fothergill, Mr. Kaluzny requested additional time. He believes Mr. Fothergill's mental illness and alleged kidnaping of his child have resulted in little progress on this properry. Janice Smith, Housing Information Center, appeared and stated she attended the August meeting, which was laid over to give Mr. Fothergill some more time for cleaning. Another dumpster was obtained and delivered to Mr. Fothergill's properry. Ms. Smith has monitored the properry sporadically and the dumpster appeazed barely used, a refrigerator and miscellaneous items still cluttered the yard. There has been little contact with Mr. Fothergill since September. Ms. Smith believes this is because liitle has been carried through on the plan that was presented at the August meeting. Ms. Smith feels this was a generous plan with plenty of time to accommodate Mr. FothergilPs mental illness. There has been no contact with Mr. Fothergill or Tracy Feltman from Mental Health Resources. Chazles Votel appeazed and stated he was able to inspect the property before August. The house is structurally sound, but there are a lot of maintenance issues with the properry. The exteriar has continued to deteriorate which has caused more complaints as to the condition of the yard. The retaining wall is about five feet high and is collapsing. There are a lot of kids in this azea that play on this wall that is unsafe. There are hazards associated with this property such as the retaining wall and a refrigerator in the yazd (Photos were given to Mr. Strathman). It would not take much to make a little difference if Mr. Fothergill started taking advantage of the generous offers he has received tQ help Ihim clean up and maintain this properry. Mr. Votel stated if nothing is done with this properiy, someone could get hurt and it will continue to deteriorate and comprise a nuisance. Mr. Kaluzny responded Mr. Fothergill's caseworker was unable to attend the meeting, but indicated she is still willing to work with Mr. Fothergill. Gerry Strathman stated Mr. Fothergill is appealing a notice of condemnation as unfit for human habitation and a order to vacate, issued on 7une 14, 2000. Mr. Strathman never doubted from both staff testimony and Mr. Fothergill's testimony, that the notice was appropriate and correct. However, trying to acknowledge his mental health issues, this appeal has been laid over twice based on the assurance that the problems would be remedied. Mr. Fothergill has not fulfilled those promises and the original nofice was appropriate when issued. If Mr. Fothergill does not remedy this problem or vacate the premises by mid December, action by the City will be taken. �o-�i�.� PROPERTY CODE ENFORCEMENT NOTES OF 11-21-2000 Page 4 Gerry Strathman denied the appeai based on Mr. Fothergill's inability to bring this property up to code compliance. 767 Eustis Street Tom Goodin appeazed and stated he is the Manager of this property. Mr. Gooding is appealing the amount of time stated for sprinkler replacement in the office azea He does not feel there is enough time to complete what needs to be fixed. Mr. Gooding stated he has discussed a 60 day ea�tension with Mike Urmann. Mike Urmann appeazed and stated he did speak with the appellant prior to the hearing and came to an agreement that he will have a work plan in place or the work to be completed within 60 days. Appeal withdrawn based on the recommendation of the Legislative Hearing Officer. 376 Fulier Avenue Shoua Xiong appeazed and stated he is the owner of the properiy. Mr. Xiong is appealing replacement of a bedroom window. Mr. Xiong stated the inspector found the window to be smaller than the standard size window. The Fire Inspector also stated the window is very close to the standazd size window and recommended the appeal. The window has been in this house for many years and the cost would be to high to alter the wall and replace the window. Gerry Starthman asked what the estimated cost would be to alter the window. Mr. Xiong responfled he has contacted Factory Direct and was given an estimate of $1,050 to install a code compliance window without any alterations to the wall and Window Light estnnated $2,000 for installation and wali alteration. The window is about six or seven inches beneath the roof and the roof would need to be cut and would need to be fixed. The top beam sits right at the edge of the window and does not allow any room for expansion. Mike Urxnann stated he would support an appeal for this case based on the fact that the numbers aze two uiches short in width and height, with the condifion that the window be replaced if remodeling is done or if it becomes damaged. Gerry Strathman granted a variance on the nonconfornung window with the following condition: 1) the window be replaced with a conforniing window if remodeling is done or if it becomes damaged. 1171 Minnehaha Avenue Anthony Ackermann appeazed and stated he is the owner of this properry. Mr. Ackermann is appealing the requirement to service and tag fire extinguisher's yeazly by a qualified company oa- �ia� Mr. Ackem�ann discussed the process with Mike Urmann and decided to replace the fire PROPERTI' CODE ENFORCEMENT NOT'ES OF 11-21-2000 Page 5 extinguishers yeazly, because it will be more cost efficient than having them serviced. Appeal withdrawn based on the recommendation of the Legislative Hearing Officer. 300 Arundel Street. 431 Marshall Avenue 437 Marshall Avenue Catherine Gavzy, The Gavzy Group, appeazed and stated she is the managing agent for this properry. Ms. Gavzy stated The Gavzy Group established management in April at the request of the State Housing Agency. Ms. Gavzy has worked with HUD, the State Housing Agency and the City of Saint Paul to put together a substantial rehabilitation package for this property that will coast approximately twelve million dollazs. Closing on the property will not happen until Spring, at which point the major rehabilitation project will commence. Ms. Gavzy is requesting additional time on code compliance issues. Mike Urmann reported there aze some immediate issues that need to be taken care of. Mrs. Gavzy replied ihere is a list contained in her appeal of items that will be immediately remedied. Gerry Strathman aclmowledged the list and asked Ms. Gavzy when she expected to have the rehabilitation completed. Ms. Gavzy responded if closing is accomplished in April, 2001, the expected date of completion will be December, 2002. Mr. Strathman suggested suspending the appeal until an agreement between the Fire Department and Managing Company can be reached or to withdraw the appeal and work out an informal agreement with Mr. Urmann. Mr.Urmann stated the managing company is acting in good faith, trying to bring the building up to code compliance. Mr. Urmann suggested putting a plan in place to outline each item. Mr. Strathman responded the appeal will be reinstated and addressed at a future date if a satisFactory agreement cannot reached between Mr. Urmann and Ms. Gavzy. Appealed withdrawn upon recommendation by the Legislative Hearing Officer. 633 Selbv Avenue Catherine Gavzy appeared and stated she is the managing agent for this properry. The first issue on the notice received is eacternunaflon, which is not being appealed and is currently being done. Ms. Gavzy stated she has invoices supporting that extermination was completed twice in the last bD� //�?.� PROPERTY CODE ENFORCEMENT NOTES OF 11-21-00 Page 6 iwelve months. The second issue on the notice received is replacement of carpef. This property is a limited equity co-op. Members buy and share their unit on a"as is" basis. It is up to the members to decided on paint, cazpet replacement, or decorative changes. The co-op takes care of regular maintenance items. All co-op members sign an agreement that any future replacement of carpet would be the responsibility of the member. Gerry Strathman stated the City Council amended the legislative code so that the interior spaces of condominiums are not subject to seasonal inspections. Mr. Strathman asked Mike Urmann if this does not apply because a co-op is not considered a condominium. Mike Urmann responded that is wnect because there is not a listed owner on the space, they aze still paying to an association or group. Ms. Gavzy responded the occupant is listed as a homeowner on tas records. Mr. Urmann stated the Fire Department is not asking for the carpet to be replaced, but to patch any frayed or torn areas to eliminate a trip hazard. Ms. Gavzy responded the co-op's position is not to get into a situation of replacing of fixing carpets, because people will start to expect the Fire Department to come out and do inspections. Mr. Strathman stated Ms. Gavzy needs to provide a document to Mr. Urmann stating ownership, then the order will be redirected to the owner of this properiy. Appeal laid over to Legislative Heazing on December 5, 2000. sjw �e-i��5 PROPERTY CODE ENFORCEMENT NOTES OF JiJLY 1 i, 2000 Page 3 Gerry Strathman granted an ea�tension to June 30, 2001, to disconnect the rainleaders and comply with Rainleader Ordinance 41.03. Over ihe nea�t nine months or so, he will accumulate a record of how many cases he has that are eactraordinarily difficult to resolve to see if the City can come up with a plan on how to resolve these things or let them continue. The reason for the agreement was to prevent overflows at Pig's Lake Treatment Facility, and that is not going to happen anymore because almost all of the City's rainleaders are disconnected. 769 Papne Avenue Daniel S. Le, representing Nadine Reid and other tenants, appeazed and stated this matter came before a referee. The tenants brought a tenants remedy acfion against the owner At that time, the court ordered that the building be taken out of the owner's hands and the court would appoint an administrator for the necessary repairs with the rent money that is pending. There is a vacate placard on this property for the end of this month. Mr. Le requested a time extension for the oppornuiity to work with a court appointed administrator to conect the code violations that aze listed on the properry. Gerry Strathxnan asked how much time is needed. Mr. Le responded it is difficult to say because the administrator has not been appointed yet; however, he suggested an eactension to the end of August. Pat Fish reported the certificate on this building has been revoked as far back as August 1999. It was ea�tremely difficult to work with the owner because he was not responsive to their orders. Ms. Fish was in the property recently, did an inspection of the units, and there is a lengthy correction list. There are outstanding orders on the heating system, which she hopes would be resolved soon. She has no problem with an eartension to the end of August. In fact, she gave the tenants enough time to arrange for some type of tenants remedy action. There were negative results on the space heaters in the units, and Ms Fish would like them resolved before the heating season. • Mr. Strathman asked is she satisfied that the legal process is in motion. Ms. Fish responded yes. Gerry Strathman amended the compliance date to August 31, 2000, on the Order to Vacate. Ms. Fish has,the authority to extend it beyond that date if appropriate. .N� . � �� 927 Audson Road Da�id S. Le, representing Michael Fothergill, appeared and stated he is asking for an extension of the condemnation order and correction notice dated June 14, 2000. Mr. Fothergill is the single parent of a special needs daughter, who has been diagnosed with several disabilities. Mr. Fothergill has an ea�tensive diagnosis of inental diseases and illnesses himself. (Mr. Le went into details about Mr. Fothergill's disabilities and how they effect his ability to effectuate the necessary code violarions on the properry: how they make it difficult for him to part with items and how they limit his physical ability to do the tasks required here.) Mr. Le requested an �c-1�� PROPERTY CODE ENFORCEMENT NOT'ES OF JLTLY 1 l, 2000 Page 4 accommodation of these disabilities so that Mr. Fothergill can bring this property, which was built in the late 1800's, into code compliance. Gerry Strathman asked is the daughter living in tlus home. Mr. Le responded she is; however, she is gone for the entire summer at a camp. She does make peziodic visits to the home on the weekends. Mr. Fothergill has been working with his social worker Tracy Felhnan, as well as Janice Smith to formulate a time line to correct the code violations. Mr. Le stated that with an e�ension, the assistance of the social worker, assistance of the Housing Information Office, as well as other agencies, Mr. Fothergill will be correcting the code violations in his home. (Mr. Le gave Ms. Strathxnan a time line. This time line was also shown to Dick Lippert.) Dick Lippert asked is he proposing that the building not be vacated. Mr. Le responded that is correct. Mr. Lippert reported the inspector for this property Chazles V otel called in sick today. There is a long history of paperwork. Considering all the disabilities of the appellant, it is easy to understand why the issues are not being resolved. However, when Code Enforcement condemns a building with the power that the State gives them, it is not done as punishxnent. Rather, it is done to protect the occupants of the building. It is also done for the e�erior of the property, such as retaining walls that are about to fall. Many extensions and breaks have been given to the appellant. Mr. Strathman asked about the nature of the unsanitary conditions. Mr. Lippert responded he does not have a good description, other than an excessive accumulation of junk, rubbish, and belongings. If progress is being made and when he is comfortable with the condition of the building, Code Enfarcement would be happy to a11ow them to stay there. This is not an action where they aze interested in taking the properry away from the owner, but he is concerned that Mr. Fothergill is living in a condition that the community have agreed not to allow people to live in. Mr. Lippert suggested the vacate order stand until the building is in the condition that is defendable as a community standazd. Mr. Strathman stated he is concemed about the owner living in this home, and acutely concerned about the daughter iiving there, particularly given that she also suffers from disabilities. He asked is the social worker awaze of the situation in this home. Tracy Feltman Arevalo, Mental Health Resources, 1821 University Avenue, appeazed. Mr. Fothergill has many belongings in boxes. He does not have any pets and she did not see dishes azound. It is a bit untidy. Mr. Strathman asked did it seem like livable conditions, particularly for a child. Ms. Feltman responded yes. cc -��5 PROPERTY CODE ENFORCEMENT NOTES OF JLJLY 11, 2000 Page 5 Mr. Strathman stated it has been represented that she will be working with Mr. Fothergill to get his house in order. He asked is she optimistic about that. Ms. Feltman responded other agencies will aiso be helping to get the actual work done. If given a time line, Mr. Fothergill could do it. Janice Smith reported that she and Ms. Felhnan went to the house last Friday. Mr. Fothergill has a lot of items in his house and he does realize he has to get rid of a lot of it. Ms. Smith has been through a lot of condemnafions and would not say this properiy is filthy. She talked to Chuck Votel who said he is not interested in putting Mr. Fothergill out, but is interested in a plan. Mr. Votel has not actually been in the house, but could see through the windows the items on the front porch. The three of them came up with a tune frame that they thought Mr. Fothergill could reasonably work with. Code Enforcement has every right to make inspections along the way to see how the plan is going. Mr. Strathman asked was there any observations as to the welfare of the daughter when she returns to the home. Ms. Smith responded no. Another counselor and she went out to the house. There was a deadline on a dumpster, and Mr. Fothergill did much of the work in the yard to get it cleaned up in time. Ms. Smith does not know the daughter well enough to comment, but the property is probably okay for her. Mr. Strathman asked was the daughter not expected back on a permanent basis until the end of the summer. Mr. Le responded sometime in August she will return. Mr. Lippert stated there is nothing in the plan about resolving the interior of the house. Mr. Le responded he would propose that would be done in the July 15 to August 4 time line in conjunction with the retaining wall. Mr. Lippert stated these goals were based on if they could get help and money; it seems they do not have either yet. Ms. Smith responded not a11 of the items aze contingent on money and help. The front porch is something Mr. Fothergill can take caze of in a week. He feels he can do the garage roof himself. The retaining wall is another issue. Mr. Lippert stated he does not know why Mr. Votel was not in the house. Gerry Strathman will lay over this matter to the August 15, 2000, Properry Code Enforcement meeting. At that point, he will expect to see the progress listed on the schedule. Also, an inspector should be allowed to see the interior before August 15. Mr. Fothergill responded Mr. Votel never asked to come into the house, but that will be fine for an inspector to see the interior. Mr. Lippert stated he will change the posting so that the vacate date coincides with August 15. 833 Grand Avenue (Lucille Johnson, Citizen Service Office, handed in a note that Wiliiam Wengler would like to reschedule his hearing.) Y�iO -1 \ `d-5 ��\� * PROPERTY CODE ENFORCEMENT NOTES OF 8-15-2000 Page 3 His information suggests the system is functional, stated Mr. Strathman. Mr. Herbert responded it is not backing into her house and there is no visible contamination. Mr. Strathman asked is there a reason to believe this will be easier for her to deal with nea�t yeaz rather than now. Ms. Clarin responded she would like time to save money for the project. She is also considering selling the proper[y, but it is 400 square feet and she is having a difficult time finding a lender for this size property. Gerry Strathman granted an extension to December 1, 2000, to hook the house sewer to the City sewer. Also, the owner shoutd contact Public Works to work out a loan arrangement to take caze of some of these costs. 866 Jessie Street Pat Fish reported that Jessica T. Bohar, the owner, would like additional time to stay in the unit. Ms. Fish condemned the entire building due to severe storm and water damage from the previous year. The third and second floors are totai ruins, but the bottom floor is not as bad. The owner expressed that he will sell the property or rehabilitate the entire building. Ms. Fish does not have a problem with an extension of 30 to 60 days. There is nothing life threatening here. Her vacate date is the end of August. Ms. Fish talked to Ms. Bohaz's legal representative and they aze coming up with a settlement for the relocation costs. Gerry Strathman denied the appeal, but eartended the vacate date to September 30, 2000. 927 Hudson Road (Laid over from 7-11-00) Gerry Strathman stated this was discussed in early July. Michael Fothergill was going to do some work on the property and there was going to be an inspection. Michael Fothergiil, owner, appeared and stated ihe properry was inspected the end of last week. Many items have been removed. There is no trash in the house. The cats and dogs are taken caze of. He has been working on the downstairs. Representatives from Ramsey County Mental Health helped him clean off the front porch; a11 the items have been removed from it. The garage is about half roofed. Someone is suppose to help him with the back porch. The social workers and Chuck Votel (Code Enforcement) were talking about a three to six month eatension or more. Mr. Strathman asked can things get done in three months. Not all of it, responded Mr. Fothergill. The house is 120 yeazs old. There are some code issues that need to be taken caze of. Mr. Strathman stated it is difficult for him to do much with this since there is no one here from Code Enforcement. He will take Mr. Fothergill's woxd that progress is being made. Mr. Fothergill responded there is progress and he has gotten rid of a full dumpster already. The present dumpster is not half full, but it will be soon. ��-i�as PROPERTI' CODE ENFORCEMENT NOTES OF 8-15-2000 Page 4 There was concem expressed about Mr. Fothergill's daughter at the July 11 meeting, stated Mr. Strathman. Mr. Fothergill responded he is the only pazent she has and he takes very good caze of her. She is deaf and abTe to hear with a hearing aid. Mr. Straflunan stated his concern is the daughter's welfaze and that she hzs a proper place to live. Mr. Fothergill responded they get social security, and it does not go far. They haue had a consistent place to live: they lived in an apartment for over three yeazs, and have lived in this house since 1995. They have food in the house. Gerry Sh�athman laid over tlris mater to the November 21, 2000, Properry Code Enforcement meeting to make sure progress is still being made on the properry. Mr. Fothergili responded there will be a lot of progress by that time. Also, he thought that his social worker and Daniel Le (representative) would be here. Mr. Fothergill asked what he should be concentrating on in the meantime. Mr. Strathman urged him to talk to Chuck Votel. (Note: a nofice will be sent to Mr. Fothergill and Mr. Le for the November 21 meeting.) The meeting was adjourned at 2:02 p.m. rrn � x , G�1�4�AL Council Fffe # pp � 1 \�S Green Sheet # 105991 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented by Keferred To Committee Date �S 1 SE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the November 21, 2 2000, decision of the Legislative Hearing Officer on Properiy Code Enfarcement Appeals for the following 3 addresses: 4 Propertv Appealed A� eiro lant 5 1712 Grand Avenue Charles Rundquist 6 Decision: Variance granted on the nonconforming doors with the following conditions: 1) when the 7 nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the 8 building must otherwise be in compliance. 9 1160 Grand Avenue Jef&ey Messerich 10 Decision: Variance granted on the nonconfornung doors with the following conditions: 1) when the 11 nonconforming doars need to be replaced, they will be replaced with conforming fire rated doors, 2) the 12 building must otherwise be in compiiance. 13 1290 Grand Avenue Mike Keller 14 Decision: Variance granted on the nonconforming doors with the following conditions: 1) when the 15 nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the 16 building must otherwise be in compliance. 17 234-238 Dunlan Street South No one appeared to represent the properiy. 18 Decision: Variance granted on the nonconfornung doors with the following conditions: 1) when the 19 nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the owner 20 will comply with a11 outstanding orders. 21 1915 Third Street 22 Decision: Appeal denied on the Vacant Building Fee. Robert Tyler 23 927 Hudson Road 24 Gerry Kalusky of SMRLS Janice Smith of ffiC 25 Decision: Appeal denied on nofice of condemnation as unfit for human habitation and a order to vacate issued 26 on June 14, 2000. 27 767 Eusfis Street 28 Decision: Appeal withdrawn. Tom Goodman for Case Corporation 29 376 Fuller Avenue Shoua Xiong 30 Decision: Variance granted on the nonstandard window with the following condition: 1) when the nonstandard Crreen Sheet 105991 1 window needs to be replaced, it will be replaced with a code compliance window. 2 1171 Minnehaha Avenue 3 Decision: Appeal withdrawn. Anthony Ackermann 0 0- ��as 4 300 Anuidel Street. 431 Mazshall Avenue. 437 Marshall Avenue Catherine Gavzy for The Gavzy Group 5 Decision: Appeal withdrawn. 6 633 Selbv Avenue #A Catherine Gavzy foz The Gavzy Group 7 Decision: Laid over to the Legislative Hearing on December 5, 2000. 8 � 9 10 11 12 13 14 15 Yeas Nays Absent Blakey �/ Coleman Harris Benanav � Reiter f Bostrom � Lantry �� i 6 Adopted by Council: Date ��„ �� ' 'jp p� 18 Adoption Ce 'fied by Council Secre 19 By: , ��ts�.:�� 20 /y/ 21 Approved by Mayor: Date c � (/i Z� 22 23 By: _ Requested by Department of: � Form Approved by City Attomey � Approved by M�yyor'for Submission to Council 2 oo-1�as GREEN SHEET Strathman, xw�a wn r•_i""ri�� TOTAL � OF SIGNATURE PAGES m�un�ru�aie No 105991 areeawra ❑ anwmear ❑ arveaa¢, ❑ nu�oR�aa�ow ❑ wwxcu.aawKera ❑ wvairoRiaarwin ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approving the November 21, 2000, decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for Che following addresses: 927 Hudson Road, 1915 Third Street, 1712 Grand Avenue, 1160 Grand Avenue, 1290 Grand Avenue, 767 Eustis Street, 376 Fuller Avenue, 1171 Minnehaha Avenue East, 300 Arundel Street, 431 Marshall Avenue, 437 Marshall Avenue, 234-238 Dunlap Street South, 633 Selby Avenue IFA. PLANNING COMMISSION qB COMMITTEE CNIL SERVICE CAMMISSION IF Has Nis D��m ererwaked undera oonhaat torthia dePa�eM'! VES NO Has ttxs PeisoNfirm asr 6een e dty empbyee7 YE3 NO Does this percoMfiimyobees e sldll �wt normalrypweessetl by any arreM ciry empbyce4 YES NO la tlxe pe�soNfirm n tarpMetl vendarl YES NO �`i4�d�� czfC�1 v9?!�L'C �'�,: �: �;�;1'i TRANSACTION cosrrt+EVaue euooerm t�c� ox� ACTNI7Y NUMBER rea NO <e�aM oo-l�a� NOTES OF TI� PROPERTY CODE ENFORCEMENT MEETING Tuesday, November 21, 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 130 p.m. STAFF PRESENT: Mike Urmann, Fire Prevention; Richard Singerhouse, Code Enforcement; Chazles Votel, Code Enforcement 1712 Grand Avenue Charles Rundquist appeared and stated he is the owner of this property. Mr. Rundquist is requesting a variance on twenty minute fire rated doors. Mike Urmann reported he has no concerns with this property. Gerry Strathman granted a variance on the nonconfornung doors on the following conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with confoimixig fire rated doors, 2) the building must otherwise be in compliance. 116Q Grand Avenue Jeffrey Messerich appeazed and stated he is the owner of this properry. Mr. Messerich is requesting a variance on riventy minute fire rated doors. Mike Urmann reported he has no concerns with this property. Gerry Strathman granted a variance on the nonconforming doors on the foilowing conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the building must othenvise be in compliance. 1290 Grand Avenue Mike Keller appeazed and stated he is the caretaker of this property. Mr. Keller is requesting a variance on twenty minute fire rated doors. Mike Urmann reported he has no concerns with this properry. Gerry Strathman granted a variance on the nonconfomung doors on the following conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance. 234-238 Dunla South D�- 6/aS PROPERTY CODE ENFORCEMENT NOT'ES OF 11-21-2000 Page 2 No one appeared to represent this property. Mike Urmann reported this is a standard appeal requesting a variance on twenty minute fire rated doors and there aze no concerns with this property. Gerry Strathman granted a variance on the nonconforming doors on the following conditions: 1) when the nonconfomung doors need to be replaced, they will be replaced with confornung fire rated doors, 2) the building must otherwise be in compliance. 1915 Third Street East Robert Tyler appeazed and stated he is the owner of this property. Mr. Tyler received a vacant building notice. The house was purchased in January and remodeling is currently being done to prepaze the house for sale. Mr. Tyler believes the two hundred dollaz fee for a vacant building is unnecessary. Gerry Strathman asked when Mr. Tyler intends on selling the property. Mr. Tyler responded before Spring, but he does not understand the requirement of a vacant building fee because work is currently being done to improve the properry. Mr. Strathman explained the vacant buiiding fee is to cover Saint Paul's cost to monitor the vacant building. City staff is required to monitor vacant buildings more frequently than occupied buildings to make sure they aze properly maintained. Since this property will not be ready for sale until Spring the Ciry wili continue to monitar this property until it is sold. Mr. Tyler stated he believes this fee is the outcome of a neighbor's complaint. Mr. Strathman responded that this is not an isolated incident. All vacant properties withiu Saint Paul are required to pay a vacant building fee. Mr. Tyler asked Rich Singerhouse what types of discrepancies were found during the inspection of this property. Rich Singerhouse reported his fmdings were that the building was vacant. Mr. Tyler responded he has resided at this properiy off and on for eleven months and does not understand the vacant building definition. Mr. Strathman explained this building is on the registered vacant building list, and it should not be occupied until it is removed from the list and a code compliance inspection has been done. Mr. Strathxnan denied the appeal based on the responsibility of the cily to monitor this properiy unril it is sold. 0o iia.� PROPERTY CODE ENFORCEMENT NOTES OF 11-21-2000 Page 3 927 Hudson Road (Laid over from 7-11-00 and 5-15-00) Gerry Kalu�y, Southern Minnesota Regional Legal Services (SMRLS), appeazed and stated that the office he represents has worked with Michael Fothergill in the past to helg him save his mortgage. SMI2I,S is trying to help save this housing for a mentally challenged person with a child. Mr. Fothergill is currently in Oklahoma attending a custody proceeding for an alleged kidnaping of his child. In the absence of Mr. Fothergill, Mr. Kaluzny requested additional time. He believes Mr. Fothergill's mental illness and alleged kidnaping of his child have resulted in little progress on this properry. Janice Smith, Housing Information Center, appeared and stated she attended the August meeting, which was laid over to give Mr. Fothergill some more time for cleaning. Another dumpster was obtained and delivered to Mr. Fothergill's properry. Ms. Smith has monitored the properry sporadically and the dumpster appeazed barely used, a refrigerator and miscellaneous items still cluttered the yard. There has been little contact with Mr. Fothergill since September. Ms. Smith believes this is because liitle has been carried through on the plan that was presented at the August meeting. Ms. Smith feels this was a generous plan with plenty of time to accommodate Mr. FothergilPs mental illness. There has been no contact with Mr. Fothergill or Tracy Feltman from Mental Health Resources. Chazles Votel appeazed and stated he was able to inspect the property before August. The house is structurally sound, but there are a lot of maintenance issues with the properry. The exteriar has continued to deteriorate which has caused more complaints as to the condition of the yard. The retaining wall is about five feet high and is collapsing. There are a lot of kids in this azea that play on this wall that is unsafe. There are hazards associated with this property such as the retaining wall and a refrigerator in the yazd (Photos were given to Mr. Strathman). It would not take much to make a little difference if Mr. Fothergill started taking advantage of the generous offers he has received tQ help Ihim clean up and maintain this properry. Mr. Votel stated if nothing is done with this properiy, someone could get hurt and it will continue to deteriorate and comprise a nuisance. Mr. Kaluzny responded Mr. Fothergill's caseworker was unable to attend the meeting, but indicated she is still willing to work with Mr. Fothergill. Gerry Strathman stated Mr. Fothergill is appealing a notice of condemnation as unfit for human habitation and a order to vacate, issued on 7une 14, 2000. Mr. Strathman never doubted from both staff testimony and Mr. Fothergill's testimony, that the notice was appropriate and correct. However, trying to acknowledge his mental health issues, this appeal has been laid over twice based on the assurance that the problems would be remedied. Mr. Fothergill has not fulfilled those promises and the original nofice was appropriate when issued. If Mr. Fothergill does not remedy this problem or vacate the premises by mid December, action by the City will be taken. �o-�i�.� PROPERTY CODE ENFORCEMENT NOTES OF 11-21-2000 Page 4 Gerry Strathman denied the appeai based on Mr. Fothergill's inability to bring this property up to code compliance. 767 Eustis Street Tom Goodin appeazed and stated he is the Manager of this property. Mr. Gooding is appealing the amount of time stated for sprinkler replacement in the office azea He does not feel there is enough time to complete what needs to be fixed. Mr. Gooding stated he has discussed a 60 day ea�tension with Mike Urmann. Mike Urmann appeazed and stated he did speak with the appellant prior to the hearing and came to an agreement that he will have a work plan in place or the work to be completed within 60 days. Appeal withdrawn based on the recommendation of the Legislative Hearing Officer. 376 Fulier Avenue Shoua Xiong appeazed and stated he is the owner of the properiy. Mr. Xiong is appealing replacement of a bedroom window. Mr. Xiong stated the inspector found the window to be smaller than the standard size window. The Fire Inspector also stated the window is very close to the standazd size window and recommended the appeal. The window has been in this house for many years and the cost would be to high to alter the wall and replace the window. Gerry Starthman asked what the estimated cost would be to alter the window. Mr. Xiong responfled he has contacted Factory Direct and was given an estimate of $1,050 to install a code compliance window without any alterations to the wall and Window Light estnnated $2,000 for installation and wali alteration. The window is about six or seven inches beneath the roof and the roof would need to be cut and would need to be fixed. The top beam sits right at the edge of the window and does not allow any room for expansion. Mike Urxnann stated he would support an appeal for this case based on the fact that the numbers aze two uiches short in width and height, with the condifion that the window be replaced if remodeling is done or if it becomes damaged. Gerry Strathman granted a variance on the nonconfornung window with the following condition: 1) the window be replaced with a conforniing window if remodeling is done or if it becomes damaged. 1171 Minnehaha Avenue Anthony Ackermann appeazed and stated he is the owner of this properry. Mr. Ackermann is appealing the requirement to service and tag fire extinguisher's yeazly by a qualified company oa- �ia� Mr. Ackem�ann discussed the process with Mike Urmann and decided to replace the fire PROPERTI' CODE ENFORCEMENT NOT'ES OF 11-21-2000 Page 5 extinguishers yeazly, because it will be more cost efficient than having them serviced. Appeal withdrawn based on the recommendation of the Legislative Hearing Officer. 300 Arundel Street. 431 Marshall Avenue 437 Marshall Avenue Catherine Gavzy, The Gavzy Group, appeazed and stated she is the managing agent for this properry. Ms. Gavzy stated The Gavzy Group established management in April at the request of the State Housing Agency. Ms. Gavzy has worked with HUD, the State Housing Agency and the City of Saint Paul to put together a substantial rehabilitation package for this property that will coast approximately twelve million dollazs. Closing on the property will not happen until Spring, at which point the major rehabilitation project will commence. Ms. Gavzy is requesting additional time on code compliance issues. Mike Urmann reported there aze some immediate issues that need to be taken care of. Mrs. Gavzy replied ihere is a list contained in her appeal of items that will be immediately remedied. Gerry Strathman aclmowledged the list and asked Ms. Gavzy when she expected to have the rehabilitation completed. Ms. Gavzy responded if closing is accomplished in April, 2001, the expected date of completion will be December, 2002. Mr. Strathman suggested suspending the appeal until an agreement between the Fire Department and Managing Company can be reached or to withdraw the appeal and work out an informal agreement with Mr. Urmann. Mr.Urmann stated the managing company is acting in good faith, trying to bring the building up to code compliance. Mr. Urmann suggested putting a plan in place to outline each item. Mr. Strathman responded the appeal will be reinstated and addressed at a future date if a satisFactory agreement cannot reached between Mr. Urmann and Ms. Gavzy. Appealed withdrawn upon recommendation by the Legislative Hearing Officer. 633 Selbv Avenue Catherine Gavzy appeared and stated she is the managing agent for this properry. The first issue on the notice received is eacternunaflon, which is not being appealed and is currently being done. Ms. Gavzy stated she has invoices supporting that extermination was completed twice in the last bD� //�?.� PROPERTY CODE ENFORCEMENT NOTES OF 11-21-00 Page 6 iwelve months. The second issue on the notice received is replacement of carpef. This property is a limited equity co-op. Members buy and share their unit on a"as is" basis. It is up to the members to decided on paint, cazpet replacement, or decorative changes. The co-op takes care of regular maintenance items. All co-op members sign an agreement that any future replacement of carpet would be the responsibility of the member. Gerry Strathman stated the City Council amended the legislative code so that the interior spaces of condominiums are not subject to seasonal inspections. Mr. Strathman asked Mike Urmann if this does not apply because a co-op is not considered a condominium. Mike Urmann responded that is wnect because there is not a listed owner on the space, they aze still paying to an association or group. Ms. Gavzy responded the occupant is listed as a homeowner on tas records. Mr. Urmann stated the Fire Department is not asking for the carpet to be replaced, but to patch any frayed or torn areas to eliminate a trip hazard. Ms. Gavzy responded the co-op's position is not to get into a situation of replacing of fixing carpets, because people will start to expect the Fire Department to come out and do inspections. Mr. Strathman stated Ms. Gavzy needs to provide a document to Mr. Urmann stating ownership, then the order will be redirected to the owner of this properiy. Appeal laid over to Legislative Heazing on December 5, 2000. sjw �e-i��5 PROPERTY CODE ENFORCEMENT NOTES OF JiJLY 1 i, 2000 Page 3 Gerry Strathman granted an ea�tension to June 30, 2001, to disconnect the rainleaders and comply with Rainleader Ordinance 41.03. Over ihe nea�t nine months or so, he will accumulate a record of how many cases he has that are eactraordinarily difficult to resolve to see if the City can come up with a plan on how to resolve these things or let them continue. The reason for the agreement was to prevent overflows at Pig's Lake Treatment Facility, and that is not going to happen anymore because almost all of the City's rainleaders are disconnected. 769 Papne Avenue Daniel S. Le, representing Nadine Reid and other tenants, appeazed and stated this matter came before a referee. The tenants brought a tenants remedy acfion against the owner At that time, the court ordered that the building be taken out of the owner's hands and the court would appoint an administrator for the necessary repairs with the rent money that is pending. There is a vacate placard on this property for the end of this month. Mr. Le requested a time extension for the oppornuiity to work with a court appointed administrator to conect the code violations that aze listed on the properry. Gerry Strathxnan asked how much time is needed. Mr. Le responded it is difficult to say because the administrator has not been appointed yet; however, he suggested an eactension to the end of August. Pat Fish reported the certificate on this building has been revoked as far back as August 1999. It was ea�tremely difficult to work with the owner because he was not responsive to their orders. Ms. Fish was in the property recently, did an inspection of the units, and there is a lengthy correction list. There are outstanding orders on the heating system, which she hopes would be resolved soon. She has no problem with an eartension to the end of August. In fact, she gave the tenants enough time to arrange for some type of tenants remedy action. There were negative results on the space heaters in the units, and Ms Fish would like them resolved before the heating season. • Mr. Strathman asked is she satisfied that the legal process is in motion. Ms. Fish responded yes. Gerry Strathman amended the compliance date to August 31, 2000, on the Order to Vacate. Ms. Fish has,the authority to extend it beyond that date if appropriate. .N� . � �� 927 Audson Road Da�id S. Le, representing Michael Fothergill, appeared and stated he is asking for an extension of the condemnation order and correction notice dated June 14, 2000. Mr. Fothergill is the single parent of a special needs daughter, who has been diagnosed with several disabilities. Mr. Fothergill has an ea�tensive diagnosis of inental diseases and illnesses himself. (Mr. Le went into details about Mr. Fothergill's disabilities and how they effect his ability to effectuate the necessary code violarions on the properry: how they make it difficult for him to part with items and how they limit his physical ability to do the tasks required here.) Mr. Le requested an �c-1�� PROPERTY CODE ENFORCEMENT NOT'ES OF JLTLY 1 l, 2000 Page 4 accommodation of these disabilities so that Mr. Fothergill can bring this property, which was built in the late 1800's, into code compliance. Gerry Strathman asked is the daughter living in tlus home. Mr. Le responded she is; however, she is gone for the entire summer at a camp. She does make peziodic visits to the home on the weekends. Mr. Fothergill has been working with his social worker Tracy Felhnan, as well as Janice Smith to formulate a time line to correct the code violations. Mr. Le stated that with an e�ension, the assistance of the social worker, assistance of the Housing Information Office, as well as other agencies, Mr. Fothergill will be correcting the code violations in his home. (Mr. Le gave Ms. Strathxnan a time line. This time line was also shown to Dick Lippert.) Dick Lippert asked is he proposing that the building not be vacated. Mr. Le responded that is correct. Mr. Lippert reported the inspector for this property Chazles V otel called in sick today. There is a long history of paperwork. Considering all the disabilities of the appellant, it is easy to understand why the issues are not being resolved. However, when Code Enforcement condemns a building with the power that the State gives them, it is not done as punishxnent. Rather, it is done to protect the occupants of the building. It is also done for the e�erior of the property, such as retaining walls that are about to fall. Many extensions and breaks have been given to the appellant. Mr. Strathman asked about the nature of the unsanitary conditions. Mr. Lippert responded he does not have a good description, other than an excessive accumulation of junk, rubbish, and belongings. If progress is being made and when he is comfortable with the condition of the building, Code Enfarcement would be happy to a11ow them to stay there. This is not an action where they aze interested in taking the properry away from the owner, but he is concerned that Mr. Fothergill is living in a condition that the community have agreed not to allow people to live in. Mr. Lippert suggested the vacate order stand until the building is in the condition that is defendable as a community standazd. Mr. Strathman stated he is concemed about the owner living in this home, and acutely concerned about the daughter iiving there, particularly given that she also suffers from disabilities. He asked is the social worker awaze of the situation in this home. Tracy Feltman Arevalo, Mental Health Resources, 1821 University Avenue, appeazed. Mr. Fothergill has many belongings in boxes. He does not have any pets and she did not see dishes azound. It is a bit untidy. Mr. Strathman asked did it seem like livable conditions, particularly for a child. Ms. Feltman responded yes. cc -��5 PROPERTY CODE ENFORCEMENT NOTES OF JLJLY 11, 2000 Page 5 Mr. Strathman stated it has been represented that she will be working with Mr. Fothergill to get his house in order. He asked is she optimistic about that. Ms. Feltman responded other agencies will aiso be helping to get the actual work done. If given a time line, Mr. Fothergill could do it. Janice Smith reported that she and Ms. Felhnan went to the house last Friday. Mr. Fothergill has a lot of items in his house and he does realize he has to get rid of a lot of it. Ms. Smith has been through a lot of condemnafions and would not say this properiy is filthy. She talked to Chuck Votel who said he is not interested in putting Mr. Fothergill out, but is interested in a plan. Mr. Votel has not actually been in the house, but could see through the windows the items on the front porch. The three of them came up with a tune frame that they thought Mr. Fothergill could reasonably work with. Code Enforcement has every right to make inspections along the way to see how the plan is going. Mr. Strathman asked was there any observations as to the welfare of the daughter when she returns to the home. Ms. Smith responded no. Another counselor and she went out to the house. There was a deadline on a dumpster, and Mr. Fothergill did much of the work in the yard to get it cleaned up in time. Ms. Smith does not know the daughter well enough to comment, but the property is probably okay for her. Mr. Strathman asked was the daughter not expected back on a permanent basis until the end of the summer. Mr. Le responded sometime in August she will return. Mr. Lippert stated there is nothing in the plan about resolving the interior of the house. Mr. Le responded he would propose that would be done in the July 15 to August 4 time line in conjunction with the retaining wall. Mr. Lippert stated these goals were based on if they could get help and money; it seems they do not have either yet. Ms. Smith responded not a11 of the items aze contingent on money and help. The front porch is something Mr. Fothergill can take caze of in a week. He feels he can do the garage roof himself. The retaining wall is another issue. Mr. Lippert stated he does not know why Mr. Votel was not in the house. Gerry Strathman will lay over this matter to the August 15, 2000, Properry Code Enforcement meeting. At that point, he will expect to see the progress listed on the schedule. Also, an inspector should be allowed to see the interior before August 15. Mr. Fothergill responded Mr. Votel never asked to come into the house, but that will be fine for an inspector to see the interior. Mr. Lippert stated he will change the posting so that the vacate date coincides with August 15. 833 Grand Avenue (Lucille Johnson, Citizen Service Office, handed in a note that Wiliiam Wengler would like to reschedule his hearing.) Y�iO -1 \ `d-5 ��\� * PROPERTY CODE ENFORCEMENT NOTES OF 8-15-2000 Page 3 His information suggests the system is functional, stated Mr. Strathman. Mr. Herbert responded it is not backing into her house and there is no visible contamination. Mr. Strathman asked is there a reason to believe this will be easier for her to deal with nea�t yeaz rather than now. Ms. Clarin responded she would like time to save money for the project. She is also considering selling the proper[y, but it is 400 square feet and she is having a difficult time finding a lender for this size property. Gerry Strathman granted an extension to December 1, 2000, to hook the house sewer to the City sewer. Also, the owner shoutd contact Public Works to work out a loan arrangement to take caze of some of these costs. 866 Jessie Street Pat Fish reported that Jessica T. Bohar, the owner, would like additional time to stay in the unit. Ms. Fish condemned the entire building due to severe storm and water damage from the previous year. The third and second floors are totai ruins, but the bottom floor is not as bad. The owner expressed that he will sell the property or rehabilitate the entire building. Ms. Fish does not have a problem with an extension of 30 to 60 days. There is nothing life threatening here. Her vacate date is the end of August. Ms. Fish talked to Ms. Bohaz's legal representative and they aze coming up with a settlement for the relocation costs. Gerry Strathman denied the appeal, but eartended the vacate date to September 30, 2000. 927 Hudson Road (Laid over from 7-11-00) Gerry Strathman stated this was discussed in early July. Michael Fothergill was going to do some work on the property and there was going to be an inspection. Michael Fothergiil, owner, appeared and stated ihe properry was inspected the end of last week. Many items have been removed. There is no trash in the house. The cats and dogs are taken caze of. He has been working on the downstairs. Representatives from Ramsey County Mental Health helped him clean off the front porch; a11 the items have been removed from it. The garage is about half roofed. Someone is suppose to help him with the back porch. The social workers and Chuck Votel (Code Enforcement) were talking about a three to six month eatension or more. Mr. Strathman asked can things get done in three months. Not all of it, responded Mr. Fothergill. The house is 120 yeazs old. There are some code issues that need to be taken caze of. Mr. Strathman stated it is difficult for him to do much with this since there is no one here from Code Enforcement. He will take Mr. Fothergill's woxd that progress is being made. Mr. Fothergill responded there is progress and he has gotten rid of a full dumpster already. The present dumpster is not half full, but it will be soon. ��-i�as PROPERTI' CODE ENFORCEMENT NOTES OF 8-15-2000 Page 4 There was concem expressed about Mr. Fothergill's daughter at the July 11 meeting, stated Mr. Strathman. Mr. Fothergill responded he is the only pazent she has and he takes very good caze of her. She is deaf and abTe to hear with a hearing aid. Mr. Straflunan stated his concern is the daughter's welfaze and that she hzs a proper place to live. Mr. Fothergill responded they get social security, and it does not go far. They haue had a consistent place to live: they lived in an apartment for over three yeazs, and have lived in this house since 1995. They have food in the house. Gerry Sh�athman laid over tlris mater to the November 21, 2000, Properry Code Enforcement meeting to make sure progress is still being made on the properry. Mr. Fothergili responded there will be a lot of progress by that time. Also, he thought that his social worker and Daniel Le (representative) would be here. Mr. Fothergill asked what he should be concentrating on in the meantime. Mr. Strathman urged him to talk to Chuck Votel. (Note: a nofice will be sent to Mr. Fothergill and Mr. Le for the November 21 meeting.) The meeting was adjourned at 2:02 p.m. rrn � x , G�1�4�AL Council Fffe # pp � 1 \�S Green Sheet # 105991 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented by Keferred To Committee Date �S 1 SE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the November 21, 2 2000, decision of the Legislative Hearing Officer on Properiy Code Enfarcement Appeals for the following 3 addresses: 4 Propertv Appealed A� eiro lant 5 1712 Grand Avenue Charles Rundquist 6 Decision: Variance granted on the nonconforming doors with the following conditions: 1) when the 7 nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the 8 building must otherwise be in compliance. 9 1160 Grand Avenue Jef&ey Messerich 10 Decision: Variance granted on the nonconfornung doors with the following conditions: 1) when the 11 nonconforming doars need to be replaced, they will be replaced with conforming fire rated doors, 2) the 12 building must otherwise be in compiiance. 13 1290 Grand Avenue Mike Keller 14 Decision: Variance granted on the nonconforming doors with the following conditions: 1) when the 15 nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the 16 building must otherwise be in compliance. 17 234-238 Dunlan Street South No one appeared to represent the properiy. 18 Decision: Variance granted on the nonconfornung doors with the following conditions: 1) when the 19 nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the owner 20 will comply with a11 outstanding orders. 21 1915 Third Street 22 Decision: Appeal denied on the Vacant Building Fee. Robert Tyler 23 927 Hudson Road 24 Gerry Kalusky of SMRLS Janice Smith of ffiC 25 Decision: Appeal denied on nofice of condemnation as unfit for human habitation and a order to vacate issued 26 on June 14, 2000. 27 767 Eusfis Street 28 Decision: Appeal withdrawn. Tom Goodman for Case Corporation 29 376 Fuller Avenue Shoua Xiong 30 Decision: Variance granted on the nonstandard window with the following condition: 1) when the nonstandard Crreen Sheet 105991 1 window needs to be replaced, it will be replaced with a code compliance window. 2 1171 Minnehaha Avenue 3 Decision: Appeal withdrawn. Anthony Ackermann 0 0- ��as 4 300 Anuidel Street. 431 Mazshall Avenue. 437 Marshall Avenue Catherine Gavzy for The Gavzy Group 5 Decision: Appeal withdrawn. 6 633 Selbv Avenue #A Catherine Gavzy foz The Gavzy Group 7 Decision: Laid over to the Legislative Hearing on December 5, 2000. 8 � 9 10 11 12 13 14 15 Yeas Nays Absent Blakey �/ Coleman Harris Benanav � Reiter f Bostrom � Lantry �� i 6 Adopted by Council: Date ��„ �� ' 'jp p� 18 Adoption Ce 'fied by Council Secre 19 By: , ��ts�.:�� 20 /y/ 21 Approved by Mayor: Date c � (/i Z� 22 23 By: _ Requested by Department of: � Form Approved by City Attomey � Approved by M�yyor'for Submission to Council 2 oo-1�as GREEN SHEET Strathman, xw�a wn r•_i""ri�� TOTAL � OF SIGNATURE PAGES m�un�ru�aie No 105991 areeawra ❑ anwmear ❑ arveaa¢, ❑ nu�oR�aa�ow ❑ wwxcu.aawKera ❑ wvairoRiaarwin ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approving the November 21, 2000, decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for Che following addresses: 927 Hudson Road, 1915 Third Street, 1712 Grand Avenue, 1160 Grand Avenue, 1290 Grand Avenue, 767 Eustis Street, 376 Fuller Avenue, 1171 Minnehaha Avenue East, 300 Arundel Street, 431 Marshall Avenue, 437 Marshall Avenue, 234-238 Dunlap Street South, 633 Selby Avenue IFA. PLANNING COMMISSION qB COMMITTEE CNIL SERVICE CAMMISSION IF Has Nis D��m ererwaked undera oonhaat torthia dePa�eM'! VES NO Has ttxs PeisoNfirm asr 6een e dty empbyee7 YE3 NO Does this percoMfiimyobees e sldll �wt normalrypweessetl by any arreM ciry empbyce4 YES NO la tlxe pe�soNfirm n tarpMetl vendarl YES NO �`i4�d�� czfC�1 v9?!�L'C �'�,: �: �;�;1'i TRANSACTION cosrrt+EVaue euooerm t�c� ox� ACTNI7Y NUMBER rea NO <e�aM oo-l�a� NOTES OF TI� PROPERTY CODE ENFORCEMENT MEETING Tuesday, November 21, 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 130 p.m. STAFF PRESENT: Mike Urmann, Fire Prevention; Richard Singerhouse, Code Enforcement; Chazles Votel, Code Enforcement 1712 Grand Avenue Charles Rundquist appeared and stated he is the owner of this property. Mr. Rundquist is requesting a variance on twenty minute fire rated doors. Mike Urmann reported he has no concerns with this property. Gerry Strathman granted a variance on the nonconfornung doors on the following conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with confoimixig fire rated doors, 2) the building must otherwise be in compliance. 116Q Grand Avenue Jeffrey Messerich appeazed and stated he is the owner of this properry. Mr. Messerich is requesting a variance on riventy minute fire rated doors. Mike Urmann reported he has no concerns with this property. Gerry Strathman granted a variance on the nonconforming doors on the foilowing conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the building must othenvise be in compliance. 1290 Grand Avenue Mike Keller appeazed and stated he is the caretaker of this property. Mr. Keller is requesting a variance on twenty minute fire rated doors. Mike Urmann reported he has no concerns with this properry. Gerry Strathman granted a variance on the nonconfomung doors on the following conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance. 234-238 Dunla South D�- 6/aS PROPERTY CODE ENFORCEMENT NOT'ES OF 11-21-2000 Page 2 No one appeared to represent this property. Mike Urmann reported this is a standard appeal requesting a variance on twenty minute fire rated doors and there aze no concerns with this property. Gerry Strathman granted a variance on the nonconforming doors on the following conditions: 1) when the nonconfomung doors need to be replaced, they will be replaced with confornung fire rated doors, 2) the building must otherwise be in compliance. 1915 Third Street East Robert Tyler appeazed and stated he is the owner of this property. Mr. Tyler received a vacant building notice. The house was purchased in January and remodeling is currently being done to prepaze the house for sale. Mr. Tyler believes the two hundred dollaz fee for a vacant building is unnecessary. Gerry Strathman asked when Mr. Tyler intends on selling the property. Mr. Tyler responded before Spring, but he does not understand the requirement of a vacant building fee because work is currently being done to improve the properry. Mr. Strathman explained the vacant buiiding fee is to cover Saint Paul's cost to monitor the vacant building. City staff is required to monitor vacant buildings more frequently than occupied buildings to make sure they aze properly maintained. Since this property will not be ready for sale until Spring the Ciry wili continue to monitar this property until it is sold. Mr. Tyler stated he believes this fee is the outcome of a neighbor's complaint. Mr. Strathman responded that this is not an isolated incident. All vacant properties withiu Saint Paul are required to pay a vacant building fee. Mr. Tyler asked Rich Singerhouse what types of discrepancies were found during the inspection of this property. Rich Singerhouse reported his fmdings were that the building was vacant. Mr. Tyler responded he has resided at this properiy off and on for eleven months and does not understand the vacant building definition. Mr. Strathman explained this building is on the registered vacant building list, and it should not be occupied until it is removed from the list and a code compliance inspection has been done. Mr. Strathxnan denied the appeal based on the responsibility of the cily to monitor this properiy unril it is sold. 0o iia.� PROPERTY CODE ENFORCEMENT NOTES OF 11-21-2000 Page 3 927 Hudson Road (Laid over from 7-11-00 and 5-15-00) Gerry Kalu�y, Southern Minnesota Regional Legal Services (SMRLS), appeazed and stated that the office he represents has worked with Michael Fothergill in the past to helg him save his mortgage. SMI2I,S is trying to help save this housing for a mentally challenged person with a child. Mr. Fothergill is currently in Oklahoma attending a custody proceeding for an alleged kidnaping of his child. In the absence of Mr. Fothergill, Mr. Kaluzny requested additional time. He believes Mr. Fothergill's mental illness and alleged kidnaping of his child have resulted in little progress on this properry. Janice Smith, Housing Information Center, appeared and stated she attended the August meeting, which was laid over to give Mr. Fothergill some more time for cleaning. Another dumpster was obtained and delivered to Mr. Fothergill's properry. Ms. Smith has monitored the properry sporadically and the dumpster appeazed barely used, a refrigerator and miscellaneous items still cluttered the yard. There has been little contact with Mr. Fothergill since September. Ms. Smith believes this is because liitle has been carried through on the plan that was presented at the August meeting. Ms. Smith feels this was a generous plan with plenty of time to accommodate Mr. FothergilPs mental illness. There has been no contact with Mr. Fothergill or Tracy Feltman from Mental Health Resources. Chazles Votel appeazed and stated he was able to inspect the property before August. The house is structurally sound, but there are a lot of maintenance issues with the properry. The exteriar has continued to deteriorate which has caused more complaints as to the condition of the yard. The retaining wall is about five feet high and is collapsing. There are a lot of kids in this azea that play on this wall that is unsafe. There are hazards associated with this property such as the retaining wall and a refrigerator in the yazd (Photos were given to Mr. Strathman). It would not take much to make a little difference if Mr. Fothergill started taking advantage of the generous offers he has received tQ help Ihim clean up and maintain this properry. Mr. Votel stated if nothing is done with this properiy, someone could get hurt and it will continue to deteriorate and comprise a nuisance. Mr. Kaluzny responded Mr. Fothergill's caseworker was unable to attend the meeting, but indicated she is still willing to work with Mr. Fothergill. Gerry Strathman stated Mr. Fothergill is appealing a notice of condemnation as unfit for human habitation and a order to vacate, issued on 7une 14, 2000. Mr. Strathman never doubted from both staff testimony and Mr. Fothergill's testimony, that the notice was appropriate and correct. However, trying to acknowledge his mental health issues, this appeal has been laid over twice based on the assurance that the problems would be remedied. Mr. Fothergill has not fulfilled those promises and the original nofice was appropriate when issued. If Mr. Fothergill does not remedy this problem or vacate the premises by mid December, action by the City will be taken. �o-�i�.� PROPERTY CODE ENFORCEMENT NOTES OF 11-21-2000 Page 4 Gerry Strathman denied the appeai based on Mr. Fothergill's inability to bring this property up to code compliance. 767 Eustis Street Tom Goodin appeazed and stated he is the Manager of this property. Mr. Gooding is appealing the amount of time stated for sprinkler replacement in the office azea He does not feel there is enough time to complete what needs to be fixed. Mr. Gooding stated he has discussed a 60 day ea�tension with Mike Urmann. Mike Urmann appeazed and stated he did speak with the appellant prior to the hearing and came to an agreement that he will have a work plan in place or the work to be completed within 60 days. Appeal withdrawn based on the recommendation of the Legislative Hearing Officer. 376 Fulier Avenue Shoua Xiong appeazed and stated he is the owner of the properiy. Mr. Xiong is appealing replacement of a bedroom window. Mr. Xiong stated the inspector found the window to be smaller than the standard size window. The Fire Inspector also stated the window is very close to the standazd size window and recommended the appeal. The window has been in this house for many years and the cost would be to high to alter the wall and replace the window. Gerry Starthman asked what the estimated cost would be to alter the window. Mr. Xiong responfled he has contacted Factory Direct and was given an estimate of $1,050 to install a code compliance window without any alterations to the wall and Window Light estnnated $2,000 for installation and wali alteration. The window is about six or seven inches beneath the roof and the roof would need to be cut and would need to be fixed. The top beam sits right at the edge of the window and does not allow any room for expansion. Mike Urxnann stated he would support an appeal for this case based on the fact that the numbers aze two uiches short in width and height, with the condifion that the window be replaced if remodeling is done or if it becomes damaged. Gerry Strathman granted a variance on the nonconfornung window with the following condition: 1) the window be replaced with a conforniing window if remodeling is done or if it becomes damaged. 1171 Minnehaha Avenue Anthony Ackermann appeazed and stated he is the owner of this properry. Mr. Ackermann is appealing the requirement to service and tag fire extinguisher's yeazly by a qualified company oa- �ia� Mr. Ackem�ann discussed the process with Mike Urmann and decided to replace the fire PROPERTI' CODE ENFORCEMENT NOT'ES OF 11-21-2000 Page 5 extinguishers yeazly, because it will be more cost efficient than having them serviced. Appeal withdrawn based on the recommendation of the Legislative Hearing Officer. 300 Arundel Street. 431 Marshall Avenue 437 Marshall Avenue Catherine Gavzy, The Gavzy Group, appeazed and stated she is the managing agent for this properry. Ms. Gavzy stated The Gavzy Group established management in April at the request of the State Housing Agency. Ms. Gavzy has worked with HUD, the State Housing Agency and the City of Saint Paul to put together a substantial rehabilitation package for this property that will coast approximately twelve million dollazs. Closing on the property will not happen until Spring, at which point the major rehabilitation project will commence. Ms. Gavzy is requesting additional time on code compliance issues. Mike Urmann reported there aze some immediate issues that need to be taken care of. Mrs. Gavzy replied ihere is a list contained in her appeal of items that will be immediately remedied. Gerry Strathman aclmowledged the list and asked Ms. Gavzy when she expected to have the rehabilitation completed. Ms. Gavzy responded if closing is accomplished in April, 2001, the expected date of completion will be December, 2002. Mr. Strathman suggested suspending the appeal until an agreement between the Fire Department and Managing Company can be reached or to withdraw the appeal and work out an informal agreement with Mr. Urmann. Mr.Urmann stated the managing company is acting in good faith, trying to bring the building up to code compliance. Mr. Urmann suggested putting a plan in place to outline each item. Mr. Strathman responded the appeal will be reinstated and addressed at a future date if a satisFactory agreement cannot reached between Mr. Urmann and Ms. Gavzy. Appealed withdrawn upon recommendation by the Legislative Hearing Officer. 633 Selbv Avenue Catherine Gavzy appeared and stated she is the managing agent for this properry. The first issue on the notice received is eacternunaflon, which is not being appealed and is currently being done. Ms. Gavzy stated she has invoices supporting that extermination was completed twice in the last bD� //�?.� PROPERTY CODE ENFORCEMENT NOTES OF 11-21-00 Page 6 iwelve months. The second issue on the notice received is replacement of carpef. This property is a limited equity co-op. Members buy and share their unit on a"as is" basis. It is up to the members to decided on paint, cazpet replacement, or decorative changes. The co-op takes care of regular maintenance items. All co-op members sign an agreement that any future replacement of carpet would be the responsibility of the member. Gerry Strathman stated the City Council amended the legislative code so that the interior spaces of condominiums are not subject to seasonal inspections. Mr. Strathman asked Mike Urmann if this does not apply because a co-op is not considered a condominium. Mike Urmann responded that is wnect because there is not a listed owner on the space, they aze still paying to an association or group. Ms. Gavzy responded the occupant is listed as a homeowner on tas records. Mr. Urmann stated the Fire Department is not asking for the carpet to be replaced, but to patch any frayed or torn areas to eliminate a trip hazard. Ms. Gavzy responded the co-op's position is not to get into a situation of replacing of fixing carpets, because people will start to expect the Fire Department to come out and do inspections. Mr. Strathman stated Ms. Gavzy needs to provide a document to Mr. Urmann stating ownership, then the order will be redirected to the owner of this properiy. Appeal laid over to Legislative Heazing on December 5, 2000. sjw �e-i��5 PROPERTY CODE ENFORCEMENT NOTES OF JiJLY 1 i, 2000 Page 3 Gerry Strathman granted an ea�tension to June 30, 2001, to disconnect the rainleaders and comply with Rainleader Ordinance 41.03. Over ihe nea�t nine months or so, he will accumulate a record of how many cases he has that are eactraordinarily difficult to resolve to see if the City can come up with a plan on how to resolve these things or let them continue. The reason for the agreement was to prevent overflows at Pig's Lake Treatment Facility, and that is not going to happen anymore because almost all of the City's rainleaders are disconnected. 769 Papne Avenue Daniel S. Le, representing Nadine Reid and other tenants, appeazed and stated this matter came before a referee. The tenants brought a tenants remedy acfion against the owner At that time, the court ordered that the building be taken out of the owner's hands and the court would appoint an administrator for the necessary repairs with the rent money that is pending. There is a vacate placard on this property for the end of this month. Mr. Le requested a time extension for the oppornuiity to work with a court appointed administrator to conect the code violations that aze listed on the properry. Gerry Strathxnan asked how much time is needed. Mr. Le responded it is difficult to say because the administrator has not been appointed yet; however, he suggested an eactension to the end of August. Pat Fish reported the certificate on this building has been revoked as far back as August 1999. It was ea�tremely difficult to work with the owner because he was not responsive to their orders. Ms. Fish was in the property recently, did an inspection of the units, and there is a lengthy correction list. There are outstanding orders on the heating system, which she hopes would be resolved soon. She has no problem with an eartension to the end of August. In fact, she gave the tenants enough time to arrange for some type of tenants remedy action. There were negative results on the space heaters in the units, and Ms Fish would like them resolved before the heating season. • Mr. Strathman asked is she satisfied that the legal process is in motion. Ms. Fish responded yes. Gerry Strathman amended the compliance date to August 31, 2000, on the Order to Vacate. Ms. Fish has,the authority to extend it beyond that date if appropriate. .N� . � �� 927 Audson Road Da�id S. Le, representing Michael Fothergill, appeared and stated he is asking for an extension of the condemnation order and correction notice dated June 14, 2000. Mr. Fothergill is the single parent of a special needs daughter, who has been diagnosed with several disabilities. Mr. Fothergill has an ea�tensive diagnosis of inental diseases and illnesses himself. (Mr. Le went into details about Mr. Fothergill's disabilities and how they effect his ability to effectuate the necessary code violarions on the properry: how they make it difficult for him to part with items and how they limit his physical ability to do the tasks required here.) Mr. Le requested an �c-1�� PROPERTY CODE ENFORCEMENT NOT'ES OF JLTLY 1 l, 2000 Page 4 accommodation of these disabilities so that Mr. Fothergill can bring this property, which was built in the late 1800's, into code compliance. Gerry Strathman asked is the daughter living in tlus home. Mr. Le responded she is; however, she is gone for the entire summer at a camp. She does make peziodic visits to the home on the weekends. Mr. Fothergill has been working with his social worker Tracy Felhnan, as well as Janice Smith to formulate a time line to correct the code violations. Mr. Le stated that with an e�ension, the assistance of the social worker, assistance of the Housing Information Office, as well as other agencies, Mr. Fothergill will be correcting the code violations in his home. (Mr. Le gave Ms. Strathxnan a time line. This time line was also shown to Dick Lippert.) Dick Lippert asked is he proposing that the building not be vacated. Mr. Le responded that is correct. Mr. Lippert reported the inspector for this property Chazles V otel called in sick today. There is a long history of paperwork. Considering all the disabilities of the appellant, it is easy to understand why the issues are not being resolved. However, when Code Enforcement condemns a building with the power that the State gives them, it is not done as punishxnent. Rather, it is done to protect the occupants of the building. It is also done for the e�erior of the property, such as retaining walls that are about to fall. Many extensions and breaks have been given to the appellant. Mr. Strathman asked about the nature of the unsanitary conditions. Mr. Lippert responded he does not have a good description, other than an excessive accumulation of junk, rubbish, and belongings. If progress is being made and when he is comfortable with the condition of the building, Code Enfarcement would be happy to a11ow them to stay there. This is not an action where they aze interested in taking the properry away from the owner, but he is concerned that Mr. Fothergill is living in a condition that the community have agreed not to allow people to live in. Mr. Lippert suggested the vacate order stand until the building is in the condition that is defendable as a community standazd. Mr. Strathman stated he is concemed about the owner living in this home, and acutely concerned about the daughter iiving there, particularly given that she also suffers from disabilities. He asked is the social worker awaze of the situation in this home. Tracy Feltman Arevalo, Mental Health Resources, 1821 University Avenue, appeazed. Mr. Fothergill has many belongings in boxes. He does not have any pets and she did not see dishes azound. It is a bit untidy. Mr. Strathman asked did it seem like livable conditions, particularly for a child. Ms. Feltman responded yes. cc -��5 PROPERTY CODE ENFORCEMENT NOTES OF JLJLY 11, 2000 Page 5 Mr. Strathman stated it has been represented that she will be working with Mr. Fothergill to get his house in order. He asked is she optimistic about that. Ms. Feltman responded other agencies will aiso be helping to get the actual work done. If given a time line, Mr. Fothergill could do it. Janice Smith reported that she and Ms. Felhnan went to the house last Friday. Mr. Fothergill has a lot of items in his house and he does realize he has to get rid of a lot of it. Ms. Smith has been through a lot of condemnafions and would not say this properiy is filthy. She talked to Chuck Votel who said he is not interested in putting Mr. Fothergill out, but is interested in a plan. Mr. Votel has not actually been in the house, but could see through the windows the items on the front porch. The three of them came up with a tune frame that they thought Mr. Fothergill could reasonably work with. Code Enforcement has every right to make inspections along the way to see how the plan is going. Mr. Strathman asked was there any observations as to the welfare of the daughter when she returns to the home. Ms. Smith responded no. Another counselor and she went out to the house. There was a deadline on a dumpster, and Mr. Fothergill did much of the work in the yard to get it cleaned up in time. Ms. Smith does not know the daughter well enough to comment, but the property is probably okay for her. Mr. Strathman asked was the daughter not expected back on a permanent basis until the end of the summer. Mr. Le responded sometime in August she will return. Mr. Lippert stated there is nothing in the plan about resolving the interior of the house. Mr. Le responded he would propose that would be done in the July 15 to August 4 time line in conjunction with the retaining wall. Mr. Lippert stated these goals were based on if they could get help and money; it seems they do not have either yet. Ms. Smith responded not a11 of the items aze contingent on money and help. The front porch is something Mr. Fothergill can take caze of in a week. He feels he can do the garage roof himself. The retaining wall is another issue. Mr. Lippert stated he does not know why Mr. Votel was not in the house. Gerry Strathman will lay over this matter to the August 15, 2000, Properry Code Enforcement meeting. At that point, he will expect to see the progress listed on the schedule. Also, an inspector should be allowed to see the interior before August 15. Mr. Fothergill responded Mr. Votel never asked to come into the house, but that will be fine for an inspector to see the interior. Mr. Lippert stated he will change the posting so that the vacate date coincides with August 15. 833 Grand Avenue (Lucille Johnson, Citizen Service Office, handed in a note that Wiliiam Wengler would like to reschedule his hearing.) Y�iO -1 \ `d-5 ��\� * PROPERTY CODE ENFORCEMENT NOTES OF 8-15-2000 Page 3 His information suggests the system is functional, stated Mr. Strathman. Mr. Herbert responded it is not backing into her house and there is no visible contamination. Mr. Strathman asked is there a reason to believe this will be easier for her to deal with nea�t yeaz rather than now. Ms. Clarin responded she would like time to save money for the project. She is also considering selling the proper[y, but it is 400 square feet and she is having a difficult time finding a lender for this size property. Gerry Strathman granted an extension to December 1, 2000, to hook the house sewer to the City sewer. Also, the owner shoutd contact Public Works to work out a loan arrangement to take caze of some of these costs. 866 Jessie Street Pat Fish reported that Jessica T. Bohar, the owner, would like additional time to stay in the unit. Ms. Fish condemned the entire building due to severe storm and water damage from the previous year. The third and second floors are totai ruins, but the bottom floor is not as bad. The owner expressed that he will sell the property or rehabilitate the entire building. Ms. Fish does not have a problem with an extension of 30 to 60 days. There is nothing life threatening here. Her vacate date is the end of August. Ms. Fish talked to Ms. Bohaz's legal representative and they aze coming up with a settlement for the relocation costs. Gerry Strathman denied the appeal, but eartended the vacate date to September 30, 2000. 927 Hudson Road (Laid over from 7-11-00) Gerry Strathman stated this was discussed in early July. Michael Fothergill was going to do some work on the property and there was going to be an inspection. Michael Fothergiil, owner, appeared and stated ihe properry was inspected the end of last week. Many items have been removed. There is no trash in the house. The cats and dogs are taken caze of. He has been working on the downstairs. Representatives from Ramsey County Mental Health helped him clean off the front porch; a11 the items have been removed from it. The garage is about half roofed. Someone is suppose to help him with the back porch. The social workers and Chuck Votel (Code Enforcement) were talking about a three to six month eatension or more. Mr. Strathman asked can things get done in three months. Not all of it, responded Mr. Fothergill. The house is 120 yeazs old. There are some code issues that need to be taken caze of. Mr. Strathman stated it is difficult for him to do much with this since there is no one here from Code Enforcement. He will take Mr. Fothergill's woxd that progress is being made. Mr. Fothergill responded there is progress and he has gotten rid of a full dumpster already. The present dumpster is not half full, but it will be soon. ��-i�as PROPERTI' CODE ENFORCEMENT NOTES OF 8-15-2000 Page 4 There was concem expressed about Mr. Fothergill's daughter at the July 11 meeting, stated Mr. Strathman. Mr. Fothergill responded he is the only pazent she has and he takes very good caze of her. She is deaf and abTe to hear with a hearing aid. Mr. Straflunan stated his concern is the daughter's welfaze and that she hzs a proper place to live. Mr. Fothergill responded they get social security, and it does not go far. They haue had a consistent place to live: they lived in an apartment for over three yeazs, and have lived in this house since 1995. They have food in the house. Gerry Sh�athman laid over tlris mater to the November 21, 2000, Properry Code Enforcement meeting to make sure progress is still being made on the properry. Mr. Fothergili responded there will be a lot of progress by that time. Also, he thought that his social worker and Daniel Le (representative) would be here. Mr. Fothergill asked what he should be concentrating on in the meantime. Mr. Strathman urged him to talk to Chuck Votel. (Note: a nofice will be sent to Mr. Fothergill and Mr. Le for the November 21 meeting.) The meeting was adjourned at 2:02 p.m. rrn