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00-661Council File # C�o -<�,\ �R1G1N�� Presented RESOLUTION OF SAINT PAUL, MINNESOTA )D Referred To Green Sheet # 100423 Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the July i l, 2000, 2 decision of the Legislative Hearing Officer on Properiy Code Enforcement Appeals for the following addresses: 3 Pro�ert�Ap,�ealed Ap�ellant 4 1171 Selbv Avenue Robert Ray for Ray Bros., Inc. 5 Decision: Variance granted on the nonconforming doors on the following conditions: 1) when the 6 nonconfortning doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the 7 building must otherwise be in compliance. 8 1603, 1609. 1615. 1921, 1929 Ford Parkwav: 1469 Randolph Lu Borman for 7ohnson Realry Co. 9 Avenue: 469 Pascal Street South: and 681 Oakiand Avenue 1Q Decision: Variance granted on the nonconfomung doors on the following conditions: 1) when the 11 nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the 12 building must otherwise be in compliance. 13 14 1161 St. Clair Avenue Joseph Mast for Dunlap Apartment 15 Decision: Variance granted on the nonconforming doors on the following conditions: 1) when the 16 nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the 17 building must otherwise be in compliance. 18 795'Sixth Street East (Laid over from 6-20-00) Ed Reyes for Pagasa L.L.P. 19 Decision: Appeal denied. 20 21 748 Linwood Avenue David and Shoshana Falconer 22 Decision: Extension a anted to June 30, 2001, to comply with Rainleader Ordinance 41.03. 23 769 Pavne Avenue Nadine Reid 24 Decision: Compliance date amended to Aua st 31, 2000, on the Order to Vacate. 25 927 Hudson Road Michael Fothergill 26 Decision: Laid over to the August 15, 2000, Property Code Enforcement meeting. An inspector should be 27 allowed to see the interior before August 15. 28 833 Grand Avenue William Wengler for Grandco, Inc. 29 Decision: Laid over to the August 15, 2000, Property Code Enforcement meering. Crreen Sheet 100423 00-�C� 1 2 3 4 5 6 7 Yeas Nays Absent Blakey � Coleman c� Harris r / Benanav ,/ Reiter ,/ Bostrom i/ Lantry � Co O I 8 9 10 Adopted by Council: Date: C�� V � o-o 11 � 12 Adopti R n Certified by Council Secretary i3 s -�i\ c a- . R � 14 Approved by yor: I S Date: -JL Z-� �0 16 By: , Requested by Department of: By: Form Approved by City Attorney � Approved by Mayor for Submission to Council : 7 � do -c�� City Council Offices Nrncr r�sor� a q+or� Gerry Strathman, 266-8560 ST BE ON COIR�CIL AG@�4 BY (d17t7 i2, z000 GREEN SHEET No i � �'� 2 3 19. 2000 � wR ROIIit16 TOTAL # OF SIGNATURE PAGES I •::.. .ii_=�il� .��:3 ❑ CIIYAifaleEY ❑ tl1YCliI1K ❑ w�wo��aeivcooR. ❑ m�xen��xv�ro ❑ MYaR�d[uW�IMI� ❑ (CLIP ALL LOCATIONS FOR 51GNATURE) Approving the July 11, 2000, decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for the follo*aing addresses: 1171 Selby Avenue; 1603, 1609, 1615, 1921, 1929, Ford Parkway; 1469 Randolph Avenue, 469 Pascal Street South, 681 Oakland Avenue, 1161 St. Clair Avenue, 795 Sixth Street East, 748 Linwood Avenue, 769 Payne Avenue, 927 Hudson Road, and 833 Grand Avenue. PLANNING COMMISSION CIB COMMITTEE CIVIL SERVICE CAMMISSWN Fias tlie PQ�suJfirm e+er� uMer a cantract tar fhis depertmenl? YES NO tlae tlus ce� ever been a aly emWcv�4 YES NO Dcesthis P�so�Jkm D�e�e a sldll nct namelHo�eee� M anY ame�rt dlY �PbY�� YES NO b Ma peiawuLrm a tarpefetl ve�dof7 . YES NO �p�Ptf4� RG34'�(4'�'! �e�R3t�' JUL 12 20i� snne+sncnoK S INFORMATON (IXPWN) COETIREVENYE BUDfiECED (CIRCIE OH� YES ACTNITY NlAABER � Jo--(�(� � ��_ NOTES OF TI� PROPERTY CODE ENFORCEMENT MEETING Tuesday, July 11, 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 130 p.m. STAFF PRESENT: Pat Cahanes, Pubiic Works-Sewer Ufility; Pat Fish, Fire Prevention; Dick Lippert, Code Enforcement; Janice Smith, Housing Information Office; Mike Urmann, Fire Prevention 1171 Selbv Avenue Robert Ray, Ray Bros., Inc., appeared and stated he has owned this building for ten years, it was remodeled a few years befare that, and has sturdy wooden doors. There are 16 units and each unit has two doors almost side by side. It would be expensive to replace all the doors. Mike Urmann reported he would support an appeal on these doors. Gerry Strathxnan granted a variance on the nonconfotming doors on the following conditions: 1) when the nonconfornung doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance. 1603.1b09.1615,1921,1929 Ford Parkwav: 1469 Randolph Avenue; 469 Pascal Street South; and 681 Oakland Avenue (No one appeared to represent the properties.) Mike Urmann reported that the appellant will not be here today. Mr. Urmann has no concerns about the building. Gerry Strathman granted a variance on the nonconforming doors on the following condifions: 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. 1161 St. Clair Avenue Joseph Mast, represenring Dunlap Apartments, appeared and stated this building is approximately 30 yeazs old, and these aze the original doors. Mike Urmann reported he has no concerns with this building. Gerry Strathman granted a variance on the nonconforming doors on the following conditions: 1) when the nonconforming doors need to be replaced, they will be repiaced with conforming fire rated doors, 2) the building must otherwise be in compliance. ���'�O(� � PROPERTY CODE ENFORCEMENT NOTES OF 7ULY 11, 2000 Page 2 795 Sixth Street East (Laid over from 6-20-00) (No one appeazed to represent the property.) Pat Fish reported she had a reinspection date set. The appellant did not show up for the appointment, and Ms. Fish was not able to do the inspecrion. The appellant called the morning of the appointment and requested an extension on the exterior painting and said he would not be at the building because he did not have the work done. She understands that Community Stabilization is doing a tenants remedy acrion on the buiiding. The tenants have said that little work has been done. Therefore, Ms. Fish is requesting that the appeal be denied. Gerry Strathman denied the appeal citing the appellant is not here and because of the record he just heard. 748 Linwood Avenue David Falconer, owner, stated he appeazed before the hearing officer five years ago. This is a 90 year old house with a 90 year old underground tunnel, which connects Mr. Falconer's home wifli his neighbor George Latimer's home. The tunnel runs along the property line and has a certain amowrt of water leakage. Four of the downspouts ha�e been disconnected, two are still connected, and Mr. Falconer has been paying the fee that goes along with that. The Falconers would like to continue to run water through the two downspouts. Gerry Strathman asked did he think of any solufions to the problem within the last five years. Mr. Falconer responded the solutions are extremely expensive: trenching in underground pipe that would run out to the street runs the risk of damaging the tunnel and the underground storage rooms. The electrical power in the home is extremely old and dates back to 1923. In addition, all the electrical service comes from Yvlr. Latimer's basement. Any trenching done would be right across from the power line, and there is a worry about getting enough electricity. Pat Cahanes reported the southeast corner does not have a tunnel and water could be discharged to the ground there with a rainleader extension. On the southwest corner, one possibility would be shallow trenching and laying in a drain pipe that could be discharged to a garden area in the back of the yard. Another option is a long extension going from the southwest corner to the north and discharging to the front yard. Mr. Falconer stated the two houses are extremely close together. The downspout would block the gate and the patio. The southeast comer has an open paved stone patio with dirt and all the dirt would be washed away. Gerry Strathman stated he cannot go on indefinitely with these extensions, nor can he grant a variance because of an agreement the City has with the federal goverrunent. However, there aze a few properties that have very difficult situations. The City needs to come to some resolution of this. oc�-�� PROPERTY CODE ENFORCEMENT NOTES OF JiJLY 11, 2000 Page 3 Gerry Strathman granted an extension to June 30, 2001, to disconnect the rainleaders and comply with Rainleader Ordinance 41.03. Over the neat nine months or so, he will accumulate a record of how many cases he has that aze exiraordinarily 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 aze disconnected. 769 Pa�e Avenue Daniel S. Le, representing Nadine Reid and other tenants, appeared and stated this matter came before a referee. The tenants brought a tenants remedy action 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 adininistrator for the necessary repairs with the rent money that is pending. There is a vacate placard on this properiy for the end of this month. Mr. Le requested a time extension for the opportunity to work with a court appointed admnustrator to correct the code violations that are listed on the properry. Gerry Strathman 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 extension to the end of August. Pat Fish reported the certificate on this building has been revoked as far back as August 1999. It was extremely difficult to wark 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 extension 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 compiiance date to August 31, 2000, on the Order to Vacate. Ms. Fish has the authority to e�end it beyond that date if appropriate. 927 Hudson Road Dauid S. Le, representing Michael Fothergill, appeared and stated he is asking for an e�ension 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 eatensive diagnosis of inental diseases and illnesses himself. (Mr. Le went into details about Mr. Fothergill's disabiliries and how they effect his ability to effectuate the necessary code violations on the property: 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 �O- (c�(o � PROPERTY CODE ENFORCEMENT NOTES OF NLY 11, 2000 Page 4 accommodation of these disabilifies so that Mr. Fothergill can bring this property, which was built in the late 1800's, into code compliance. Gerry Sirathman asked is the daughter living in this home. Mr. Le responded she is; however, she is gone for the entire snwmer at a camp. She does make periodic visits to the home on the weekends. Mr. FothergIll has been working with his social worker Tracy Feltman, as well as Janice Smith to formulate a time line to correct the code violations. Mr. Le stated that with an extension, the assistance of the sociai worker, assistauce 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. Strathman 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 properry Charles Votel 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 punishment. Rather, it is done to protect the occupants of the building. It is also done for the exterior 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, rixbbish, and belongings. If progress is being made and when he is comfortable with the condirion of the buiiding, Code Enforcement would be happy to allow them to stay there. This is not an action where they are interested in taking the property 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 defendabie as a community standard. Mr. Strathman stated he is concerned about the owner living in this home, and acutely concerned about the daughter living there, particularly given that she also suffers from disabilities. He asked is the social worker aware of the situation in this home. Tracy Feltman Arevalo, Mental Heakh Resources, 1821 University Avenue, appeared. Mr. Fothergill has many belongings in boxes. He does not have any pets and she did not see dishes around. It is a bit untidy. Mr. 5trathman asked did it seem like livable conditions, particularly for a child. Ms. Feltman responded yes. ���,---�,� � PROPERTY CODE ENFORCEMENT NOTES OF JULY 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 also be helping to get the actual work done. If given a time line, Mr. Fothergill could do it. 7anice Smith reported that she and Ms. Feltman 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 condemnations and would not say this property 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 time frame that they thought Mr. Fothergill could reasonably wark 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 lrnow 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 sumuier. Mr. Le responded sometime in August she will return. Mr. Lippert staxed 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 con}unction with the retaining wa11. 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 all of the items are 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 retanung wall is another issue. Mr. Lippert stated he does not lrnow 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 inspectar should be allowed to see the interior before August 15. Mr. Fothergiil 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, Cirizen Service Office, handed in a note that William Wengler would like to reschedule his hearing.) ���` PROPERTY CODE ENFORCEMENT NOTES OF JiJLY 11, 2000 Page 6 Gerry Strathman laid over this matter to the August 15, 2000, Property Code Enforcement meeting. The meeting was ad}ourned at 2:Q8 p.m. .C""u1 (Note: Orders were withdrawn by Fire Prevention on 771 Margaret Street.) Council File # C�o -<�,\ �R1G1N�� Presented RESOLUTION OF SAINT PAUL, MINNESOTA )D Referred To Green Sheet # 100423 Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the July i l, 2000, 2 decision of the Legislative Hearing Officer on Properiy Code Enforcement Appeals for the following addresses: 3 Pro�ert�Ap,�ealed Ap�ellant 4 1171 Selbv Avenue Robert Ray for Ray Bros., Inc. 5 Decision: Variance granted on the nonconforming doors on the following conditions: 1) when the 6 nonconfortning doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the 7 building must otherwise be in compliance. 8 1603, 1609. 1615. 1921, 1929 Ford Parkwav: 1469 Randolph Lu Borman for 7ohnson Realry Co. 9 Avenue: 469 Pascal Street South: and 681 Oakiand Avenue 1Q Decision: Variance granted on the nonconfomung doors on the following conditions: 1) when the 11 nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the 12 building must otherwise be in compliance. 13 14 1161 St. Clair Avenue Joseph Mast for Dunlap Apartment 15 Decision: Variance granted on the nonconforming doors on the following conditions: 1) when the 16 nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the 17 building must otherwise be in compliance. 18 795'Sixth Street East (Laid over from 6-20-00) Ed Reyes for Pagasa L.L.P. 19 Decision: Appeal denied. 20 21 748 Linwood Avenue David and Shoshana Falconer 22 Decision: Extension a anted to June 30, 2001, to comply with Rainleader Ordinance 41.03. 23 769 Pavne Avenue Nadine Reid 24 Decision: Compliance date amended to Aua st 31, 2000, on the Order to Vacate. 25 927 Hudson Road Michael Fothergill 26 Decision: Laid over to the August 15, 2000, Property Code Enforcement meeting. An inspector should be 27 allowed to see the interior before August 15. 28 833 Grand Avenue William Wengler for Grandco, Inc. 29 Decision: Laid over to the August 15, 2000, Property Code Enforcement meering. Crreen Sheet 100423 00-�C� 1 2 3 4 5 6 7 Yeas Nays Absent Blakey � Coleman c� Harris r / Benanav ,/ Reiter ,/ Bostrom i/ Lantry � Co O I 8 9 10 Adopted by Council: Date: C�� V � o-o 11 � 12 Adopti R n Certified by Council Secretary i3 s -�i\ c a- . R � 14 Approved by yor: I S Date: -JL Z-� �0 16 By: , Requested by Department of: By: Form Approved by City Attorney � Approved by Mayor for Submission to Council : 7 � do -c�� City Council Offices Nrncr r�sor� a q+or� Gerry Strathman, 266-8560 ST BE ON COIR�CIL AG@�4 BY (d17t7 i2, z000 GREEN SHEET No i � �'� 2 3 19. 2000 � wR ROIIit16 TOTAL # OF SIGNATURE PAGES I •::.. .ii_=�il� .��:3 ❑ CIIYAifaleEY ❑ tl1YCliI1K ❑ w�wo��aeivcooR. ❑ m�xen��xv�ro ❑ MYaR�d[uW�IMI� ❑ (CLIP ALL LOCATIONS FOR 51GNATURE) Approving the July 11, 2000, decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for the follo*aing addresses: 1171 Selby Avenue; 1603, 1609, 1615, 1921, 1929, Ford Parkway; 1469 Randolph Avenue, 469 Pascal Street South, 681 Oakland Avenue, 1161 St. Clair Avenue, 795 Sixth Street East, 748 Linwood Avenue, 769 Payne Avenue, 927 Hudson Road, and 833 Grand Avenue. PLANNING COMMISSION CIB COMMITTEE CIVIL SERVICE CAMMISSWN Fias tlie PQ�suJfirm e+er� uMer a cantract tar fhis depertmenl? YES NO tlae tlus ce� ever been a aly emWcv�4 YES NO Dcesthis P�so�Jkm D�e�e a sldll nct namelHo�eee� M anY ame�rt dlY �PbY�� YES NO b Ma peiawuLrm a tarpefetl ve�dof7 . YES NO �p�Ptf4� RG34'�(4'�'! �e�R3t�' JUL 12 20i� snne+sncnoK S INFORMATON (IXPWN) COETIREVENYE BUDfiECED (CIRCIE OH� YES ACTNITY NlAABER � Jo--(�(� � ��_ NOTES OF TI� PROPERTY CODE ENFORCEMENT MEETING Tuesday, July 11, 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 130 p.m. STAFF PRESENT: Pat Cahanes, Pubiic Works-Sewer Ufility; Pat Fish, Fire Prevention; Dick Lippert, Code Enforcement; Janice Smith, Housing Information Office; Mike Urmann, Fire Prevention 1171 Selbv Avenue Robert Ray, Ray Bros., Inc., appeared and stated he has owned this building for ten years, it was remodeled a few years befare that, and has sturdy wooden doors. There are 16 units and each unit has two doors almost side by side. It would be expensive to replace all the doors. Mike Urmann reported he would support an appeal on these doors. Gerry Strathxnan granted a variance on the nonconfotming doors on the following conditions: 1) when the nonconfornung doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance. 1603.1b09.1615,1921,1929 Ford Parkwav: 1469 Randolph Avenue; 469 Pascal Street South; and 681 Oakland Avenue (No one appeared to represent the properties.) Mike Urmann reported that the appellant will not be here today. Mr. Urmann has no concerns about the building. Gerry Strathman granted a variance on the nonconforming doors on the following condifions: 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. 1161 St. Clair Avenue Joseph Mast, represenring Dunlap Apartments, appeared and stated this building is approximately 30 yeazs old, and these aze the original doors. Mike Urmann reported he has no concerns with this building. Gerry Strathman granted a variance on the nonconforming doors on the following conditions: 1) when the nonconforming doors need to be replaced, they will be repiaced with conforming fire rated doors, 2) the building must otherwise be in compliance. ���'�O(� � PROPERTY CODE ENFORCEMENT NOTES OF 7ULY 11, 2000 Page 2 795 Sixth Street East (Laid over from 6-20-00) (No one appeazed to represent the property.) Pat Fish reported she had a reinspection date set. The appellant did not show up for the appointment, and Ms. Fish was not able to do the inspecrion. The appellant called the morning of the appointment and requested an extension on the exterior painting and said he would not be at the building because he did not have the work done. She understands that Community Stabilization is doing a tenants remedy acrion on the buiiding. The tenants have said that little work has been done. Therefore, Ms. Fish is requesting that the appeal be denied. Gerry Strathman denied the appeal citing the appellant is not here and because of the record he just heard. 748 Linwood Avenue David Falconer, owner, stated he appeazed before the hearing officer five years ago. This is a 90 year old house with a 90 year old underground tunnel, which connects Mr. Falconer's home wifli his neighbor George Latimer's home. The tunnel runs along the property line and has a certain amowrt of water leakage. Four of the downspouts ha�e been disconnected, two are still connected, and Mr. Falconer has been paying the fee that goes along with that. The Falconers would like to continue to run water through the two downspouts. Gerry Strathman asked did he think of any solufions to the problem within the last five years. Mr. Falconer responded the solutions are extremely expensive: trenching in underground pipe that would run out to the street runs the risk of damaging the tunnel and the underground storage rooms. The electrical power in the home is extremely old and dates back to 1923. In addition, all the electrical service comes from Yvlr. Latimer's basement. Any trenching done would be right across from the power line, and there is a worry about getting enough electricity. Pat Cahanes reported the southeast corner does not have a tunnel and water could be discharged to the ground there with a rainleader extension. On the southwest corner, one possibility would be shallow trenching and laying in a drain pipe that could be discharged to a garden area in the back of the yard. Another option is a long extension going from the southwest corner to the north and discharging to the front yard. Mr. Falconer stated the two houses are extremely close together. The downspout would block the gate and the patio. The southeast comer has an open paved stone patio with dirt and all the dirt would be washed away. Gerry Strathman stated he cannot go on indefinitely with these extensions, nor can he grant a variance because of an agreement the City has with the federal goverrunent. However, there aze a few properties that have very difficult situations. The City needs to come to some resolution of this. oc�-�� PROPERTY CODE ENFORCEMENT NOTES OF JiJLY 11, 2000 Page 3 Gerry Strathman granted an extension to June 30, 2001, to disconnect the rainleaders and comply with Rainleader Ordinance 41.03. Over the neat nine months or so, he will accumulate a record of how many cases he has that aze exiraordinarily 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 aze disconnected. 769 Pa�e Avenue Daniel S. Le, representing Nadine Reid and other tenants, appeared and stated this matter came before a referee. The tenants brought a tenants remedy action 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 adininistrator for the necessary repairs with the rent money that is pending. There is a vacate placard on this properiy for the end of this month. Mr. Le requested a time extension for the opportunity to work with a court appointed admnustrator to correct the code violations that are listed on the properry. Gerry Strathman 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 extension to the end of August. Pat Fish reported the certificate on this building has been revoked as far back as August 1999. It was extremely difficult to wark 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 extension 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 compiiance date to August 31, 2000, on the Order to Vacate. Ms. Fish has the authority to e�end it beyond that date if appropriate. 927 Hudson Road Dauid S. Le, representing Michael Fothergill, appeared and stated he is asking for an e�ension 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 eatensive diagnosis of inental diseases and illnesses himself. (Mr. Le went into details about Mr. Fothergill's disabiliries and how they effect his ability to effectuate the necessary code violations on the property: 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 �O- (c�(o � PROPERTY CODE ENFORCEMENT NOTES OF NLY 11, 2000 Page 4 accommodation of these disabilifies so that Mr. Fothergill can bring this property, which was built in the late 1800's, into code compliance. Gerry Sirathman asked is the daughter living in this home. Mr. Le responded she is; however, she is gone for the entire snwmer at a camp. She does make periodic visits to the home on the weekends. Mr. FothergIll has been working with his social worker Tracy Feltman, as well as Janice Smith to formulate a time line to correct the code violations. Mr. Le stated that with an extension, the assistance of the sociai worker, assistauce 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. Strathman 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 properry Charles Votel 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 punishment. Rather, it is done to protect the occupants of the building. It is also done for the exterior 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, rixbbish, and belongings. If progress is being made and when he is comfortable with the condirion of the buiiding, Code Enforcement would be happy to allow them to stay there. This is not an action where they are interested in taking the property 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 defendabie as a community standard. Mr. Strathman stated he is concerned about the owner living in this home, and acutely concerned about the daughter living there, particularly given that she also suffers from disabilities. He asked is the social worker aware of the situation in this home. Tracy Feltman Arevalo, Mental Heakh Resources, 1821 University Avenue, appeared. Mr. Fothergill has many belongings in boxes. He does not have any pets and she did not see dishes around. It is a bit untidy. Mr. 5trathman asked did it seem like livable conditions, particularly for a child. Ms. Feltman responded yes. ���,---�,� � PROPERTY CODE ENFORCEMENT NOTES OF JULY 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 also be helping to get the actual work done. If given a time line, Mr. Fothergill could do it. 7anice Smith reported that she and Ms. Feltman 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 condemnations and would not say this property 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 time frame that they thought Mr. Fothergill could reasonably wark 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 lrnow 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 sumuier. Mr. Le responded sometime in August she will return. Mr. Lippert staxed 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 con}unction with the retaining wa11. 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 all of the items are 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 retanung wall is another issue. Mr. Lippert stated he does not lrnow 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 inspectar should be allowed to see the interior before August 15. Mr. Fothergiil 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, Cirizen Service Office, handed in a note that William Wengler would like to reschedule his hearing.) ���` PROPERTY CODE ENFORCEMENT NOTES OF JiJLY 11, 2000 Page 6 Gerry Strathman laid over this matter to the August 15, 2000, Property Code Enforcement meeting. The meeting was ad}ourned at 2:Q8 p.m. .C""u1 (Note: Orders were withdrawn by Fire Prevention on 771 Margaret Street.) Council File # C�o -<�,\ �R1G1N�� Presented RESOLUTION OF SAINT PAUL, MINNESOTA )D Referred To Green Sheet # 100423 Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the July i l, 2000, 2 decision of the Legislative Hearing Officer on Properiy Code Enforcement Appeals for the following addresses: 3 Pro�ert�Ap,�ealed Ap�ellant 4 1171 Selbv Avenue Robert Ray for Ray Bros., Inc. 5 Decision: Variance granted on the nonconforming doors on the following conditions: 1) when the 6 nonconfortning doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the 7 building must otherwise be in compliance. 8 1603, 1609. 1615. 1921, 1929 Ford Parkwav: 1469 Randolph Lu Borman for 7ohnson Realry Co. 9 Avenue: 469 Pascal Street South: and 681 Oakiand Avenue 1Q Decision: Variance granted on the nonconfomung doors on the following conditions: 1) when the 11 nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the 12 building must otherwise be in compliance. 13 14 1161 St. Clair Avenue Joseph Mast for Dunlap Apartment 15 Decision: Variance granted on the nonconforming doors on the following conditions: 1) when the 16 nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the 17 building must otherwise be in compliance. 18 795'Sixth Street East (Laid over from 6-20-00) Ed Reyes for Pagasa L.L.P. 19 Decision: Appeal denied. 20 21 748 Linwood Avenue David and Shoshana Falconer 22 Decision: Extension a anted to June 30, 2001, to comply with Rainleader Ordinance 41.03. 23 769 Pavne Avenue Nadine Reid 24 Decision: Compliance date amended to Aua st 31, 2000, on the Order to Vacate. 25 927 Hudson Road Michael Fothergill 26 Decision: Laid over to the August 15, 2000, Property Code Enforcement meeting. An inspector should be 27 allowed to see the interior before August 15. 28 833 Grand Avenue William Wengler for Grandco, Inc. 29 Decision: Laid over to the August 15, 2000, Property Code Enforcement meering. Crreen Sheet 100423 00-�C� 1 2 3 4 5 6 7 Yeas Nays Absent Blakey � Coleman c� Harris r / Benanav ,/ Reiter ,/ Bostrom i/ Lantry � Co O I 8 9 10 Adopted by Council: Date: C�� V � o-o 11 � 12 Adopti R n Certified by Council Secretary i3 s -�i\ c a- . R � 14 Approved by yor: I S Date: -JL Z-� �0 16 By: , Requested by Department of: By: Form Approved by City Attorney � Approved by Mayor for Submission to Council : 7 � do -c�� City Council Offices Nrncr r�sor� a q+or� Gerry Strathman, 266-8560 ST BE ON COIR�CIL AG@�4 BY (d17t7 i2, z000 GREEN SHEET No i � �'� 2 3 19. 2000 � wR ROIIit16 TOTAL # OF SIGNATURE PAGES I •::.. .ii_=�il� .��:3 ❑ CIIYAifaleEY ❑ tl1YCliI1K ❑ w�wo��aeivcooR. ❑ m�xen��xv�ro ❑ MYaR�d[uW�IMI� ❑ (CLIP ALL LOCATIONS FOR 51GNATURE) Approving the July 11, 2000, decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for the follo*aing addresses: 1171 Selby Avenue; 1603, 1609, 1615, 1921, 1929, Ford Parkway; 1469 Randolph Avenue, 469 Pascal Street South, 681 Oakland Avenue, 1161 St. Clair Avenue, 795 Sixth Street East, 748 Linwood Avenue, 769 Payne Avenue, 927 Hudson Road, and 833 Grand Avenue. PLANNING COMMISSION CIB COMMITTEE CIVIL SERVICE CAMMISSWN Fias tlie PQ�suJfirm e+er� uMer a cantract tar fhis depertmenl? YES NO tlae tlus ce� ever been a aly emWcv�4 YES NO Dcesthis P�so�Jkm D�e�e a sldll nct namelHo�eee� M anY ame�rt dlY �PbY�� YES NO b Ma peiawuLrm a tarpefetl ve�dof7 . YES NO �p�Ptf4� RG34'�(4'�'! �e�R3t�' JUL 12 20i� snne+sncnoK S INFORMATON (IXPWN) COETIREVENYE BUDfiECED (CIRCIE OH� YES ACTNITY NlAABER � Jo--(�(� � ��_ NOTES OF TI� PROPERTY CODE ENFORCEMENT MEETING Tuesday, July 11, 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 130 p.m. STAFF PRESENT: Pat Cahanes, Pubiic Works-Sewer Ufility; Pat Fish, Fire Prevention; Dick Lippert, Code Enforcement; Janice Smith, Housing Information Office; Mike Urmann, Fire Prevention 1171 Selbv Avenue Robert Ray, Ray Bros., Inc., appeared and stated he has owned this building for ten years, it was remodeled a few years befare that, and has sturdy wooden doors. There are 16 units and each unit has two doors almost side by side. It would be expensive to replace all the doors. Mike Urmann reported he would support an appeal on these doors. Gerry Strathxnan granted a variance on the nonconfotming doors on the following conditions: 1) when the nonconfornung doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance. 1603.1b09.1615,1921,1929 Ford Parkwav: 1469 Randolph Avenue; 469 Pascal Street South; and 681 Oakland Avenue (No one appeared to represent the properties.) Mike Urmann reported that the appellant will not be here today. Mr. Urmann has no concerns about the building. Gerry Strathman granted a variance on the nonconforming doors on the following condifions: 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. 1161 St. Clair Avenue Joseph Mast, represenring Dunlap Apartments, appeared and stated this building is approximately 30 yeazs old, and these aze the original doors. Mike Urmann reported he has no concerns with this building. Gerry Strathman granted a variance on the nonconforming doors on the following conditions: 1) when the nonconforming doors need to be replaced, they will be repiaced with conforming fire rated doors, 2) the building must otherwise be in compliance. ���'�O(� � PROPERTY CODE ENFORCEMENT NOTES OF 7ULY 11, 2000 Page 2 795 Sixth Street East (Laid over from 6-20-00) (No one appeazed to represent the property.) Pat Fish reported she had a reinspection date set. The appellant did not show up for the appointment, and Ms. Fish was not able to do the inspecrion. The appellant called the morning of the appointment and requested an extension on the exterior painting and said he would not be at the building because he did not have the work done. She understands that Community Stabilization is doing a tenants remedy acrion on the buiiding. The tenants have said that little work has been done. Therefore, Ms. Fish is requesting that the appeal be denied. Gerry Strathman denied the appeal citing the appellant is not here and because of the record he just heard. 748 Linwood Avenue David Falconer, owner, stated he appeazed before the hearing officer five years ago. This is a 90 year old house with a 90 year old underground tunnel, which connects Mr. Falconer's home wifli his neighbor George Latimer's home. The tunnel runs along the property line and has a certain amowrt of water leakage. Four of the downspouts ha�e been disconnected, two are still connected, and Mr. Falconer has been paying the fee that goes along with that. The Falconers would like to continue to run water through the two downspouts. Gerry Strathman asked did he think of any solufions to the problem within the last five years. Mr. Falconer responded the solutions are extremely expensive: trenching in underground pipe that would run out to the street runs the risk of damaging the tunnel and the underground storage rooms. The electrical power in the home is extremely old and dates back to 1923. In addition, all the electrical service comes from Yvlr. Latimer's basement. Any trenching done would be right across from the power line, and there is a worry about getting enough electricity. Pat Cahanes reported the southeast corner does not have a tunnel and water could be discharged to the ground there with a rainleader extension. On the southwest corner, one possibility would be shallow trenching and laying in a drain pipe that could be discharged to a garden area in the back of the yard. Another option is a long extension going from the southwest corner to the north and discharging to the front yard. Mr. Falconer stated the two houses are extremely close together. The downspout would block the gate and the patio. The southeast comer has an open paved stone patio with dirt and all the dirt would be washed away. Gerry Strathman stated he cannot go on indefinitely with these extensions, nor can he grant a variance because of an agreement the City has with the federal goverrunent. However, there aze a few properties that have very difficult situations. The City needs to come to some resolution of this. oc�-�� PROPERTY CODE ENFORCEMENT NOTES OF JiJLY 11, 2000 Page 3 Gerry Strathman granted an extension to June 30, 2001, to disconnect the rainleaders and comply with Rainleader Ordinance 41.03. Over the neat nine months or so, he will accumulate a record of how many cases he has that aze exiraordinarily 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 aze disconnected. 769 Pa�e Avenue Daniel S. Le, representing Nadine Reid and other tenants, appeared and stated this matter came before a referee. The tenants brought a tenants remedy action 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 adininistrator for the necessary repairs with the rent money that is pending. There is a vacate placard on this properiy for the end of this month. Mr. Le requested a time extension for the opportunity to work with a court appointed admnustrator to correct the code violations that are listed on the properry. Gerry Strathman 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 extension to the end of August. Pat Fish reported the certificate on this building has been revoked as far back as August 1999. It was extremely difficult to wark 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 extension 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 compiiance date to August 31, 2000, on the Order to Vacate. Ms. Fish has the authority to e�end it beyond that date if appropriate. 927 Hudson Road Dauid S. Le, representing Michael Fothergill, appeared and stated he is asking for an e�ension 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 eatensive diagnosis of inental diseases and illnesses himself. (Mr. Le went into details about Mr. Fothergill's disabiliries and how they effect his ability to effectuate the necessary code violations on the property: 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 �O- (c�(o � PROPERTY CODE ENFORCEMENT NOTES OF NLY 11, 2000 Page 4 accommodation of these disabilifies so that Mr. Fothergill can bring this property, which was built in the late 1800's, into code compliance. Gerry Sirathman asked is the daughter living in this home. Mr. Le responded she is; however, she is gone for the entire snwmer at a camp. She does make periodic visits to the home on the weekends. Mr. FothergIll has been working with his social worker Tracy Feltman, as well as Janice Smith to formulate a time line to correct the code violations. Mr. Le stated that with an extension, the assistance of the sociai worker, assistauce 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. Strathman 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 properry Charles Votel 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 punishment. Rather, it is done to protect the occupants of the building. It is also done for the exterior 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, rixbbish, and belongings. If progress is being made and when he is comfortable with the condirion of the buiiding, Code Enforcement would be happy to allow them to stay there. This is not an action where they are interested in taking the property 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 defendabie as a community standard. Mr. Strathman stated he is concerned about the owner living in this home, and acutely concerned about the daughter living there, particularly given that she also suffers from disabilities. He asked is the social worker aware of the situation in this home. Tracy Feltman Arevalo, Mental Heakh Resources, 1821 University Avenue, appeared. Mr. Fothergill has many belongings in boxes. He does not have any pets and she did not see dishes around. It is a bit untidy. Mr. 5trathman asked did it seem like livable conditions, particularly for a child. Ms. Feltman responded yes. ���,---�,� � PROPERTY CODE ENFORCEMENT NOTES OF JULY 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 also be helping to get the actual work done. If given a time line, Mr. Fothergill could do it. 7anice Smith reported that she and Ms. Feltman 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 condemnations and would not say this property 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 time frame that they thought Mr. Fothergill could reasonably wark 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 lrnow 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 sumuier. Mr. Le responded sometime in August she will return. Mr. Lippert staxed 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 con}unction with the retaining wa11. 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 all of the items are 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 retanung wall is another issue. Mr. Lippert stated he does not lrnow 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 inspectar should be allowed to see the interior before August 15. Mr. Fothergiil 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, Cirizen Service Office, handed in a note that William Wengler would like to reschedule his hearing.) ���` PROPERTY CODE ENFORCEMENT NOTES OF JiJLY 11, 2000 Page 6 Gerry Strathman laid over this matter to the August 15, 2000, Property Code Enforcement meeting. The meeting was ad}ourned at 2:Q8 p.m. .C""u1 (Note: Orders were withdrawn by Fire Prevention on 771 Margaret Street.)