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03-1079Council File # � 3'/D� 9 Green Sheet # 3008475 RESOLUTION OF SAINT PAUL, MINNESOTA �3 Presented Referred To Committee Date BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the November 10, 2003, decisions of the Legislative Hearing Officer on Appeals for Letters of Deficiency, Correction Notices, and Correction Orders for the following addresses: Properry A�pealed Aonellant 731 Fifth Street East Allen Woods, dba Red Castle Rea1ty LLC Decision: extension granted to December 1, 2003, on the October 22, 2003, Correction Notice with the foliowing exceptions: 1) no extension has been granted on Item 1-Sanitation, Item 3-Vehicles, and Item 4- Vehicles, 2) The roof, Item 10, will be repaired by December 1, 2003, and replaced by June 1, 2004. 2105 Como Avenue Thomas F. Pursell, Lindquist & Vennum, for Victor � Real Estate Decision: appeal denied on the October 17, 2003, Deficiency List. 6 Leech Street Allen E. Ronnenberg for East Metro Subway Decision: appeal granted on the October 23, 2003, Deficiency List with the following condition: if the bathroom is ever rehabilitated to the point that ventilafion could be easily installed, the owner will install the ventilation: 915 York Avenue Decision: extension granted to May 1, 2004, on the October 23, 2003, Correction Notice. 921 York Avenue Decision: extension granted to May 1, 2004, on the October 23, 2003, Correction Notice. 03 - �b7`� Green Sheet3008475 Yeas Nays Absent Benanav � Blakey ,/ Bostrom ,� Coleman � Hazris ,� Helgen ,/ Lanhy J Adopted by C cil: Date _���. /� a�f� Adoption Ce ed by Coun Secretary BY� i b1/�7�//,ilfSdi� Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council � � � Green Sheet Green Sheet o a - l�79 Green Sheet Green Sheet Green Sheet Green Sheet � DepartmeM/office/councii: Date Initiated: co ���� 2SNOV-03 Green Sheet NO: 3008475 I CoMact Person & Phone: � Deoartrnent Sent To Person InitiaVDate I MarGla Moertnond 0 ouncil I 2 ��� Assign 1 ouncil De artmentDirector I Must Be on Council Agenda by (Date): Number 2 • Clerk For Routing 3 Order 4 5 Total # of Signature Pages _(Clip All Lowtions for Signature) Action Requestetl: Approving the November 10, 2003, decisions of the I,egislative Hearing Officer on Appeals for Letters of Deficiency, Conection Norices, and Correction Orders for the following addresses: 731 Fifth Street East, 2105 Como Avenue, 6 Leech Street, 915 York Avenue, and 921 York Avenue. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission t. Has this person/firm ever worked under a contrad for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firtn ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any curreni city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, OppoRunity (Who, What, When, Where, Why): Advantages If Approved: Disadvanpqes If Approved: Disadvanqges If Not Approved: Total Amount of CosURevenue Budgeted: Transaction: Fundinp Source: Activity Number: Financial Information: (Explain) 03 - tD79 NOTES OF TI� LEGISLATIVE HEARING LEGISLATIVE HEARING FOR LETT'ERS OF DEFICIENCY, CORRECTION NOTICES, AND CORRECTION ORDERS Monday, November 10, 2003 Room 330 City Hall, 15 Kellogg Boulevazd West Mazcia Moermond, I,egislative Hearing Officer The hearing was called to order at 134 p.m. STAFF PRESENT: Michael Urmaun, Fire Prevention 731 Fifth Street East (No one appeazed from the Division of Code Enforcement.) Allen Woods, dba Red Castle Realty LLC, appeared and stated he has two basic complaints and some miscellaneous issues. He just bought the property recently. It was still coming up in the prior owner's name. He addressed this with Code Enforcement and they came out to look at the property again. There was a couch in the yard. The inspector got mad at him about it, wrote up the items, and gaue him two days to fix it without an extension. Lisa Martin (Code Enforcement) was the original inspector and then it got passed to the supervisor. Part of the problem is that the people he bought the house from aze under scrutiny. Mazcia Moermond asked when he bought the house. Mr. Woods responded nine months ago on a contract-for-deed so the old owner is still showing as a fee owner on the tax records. The old owner has an enemy who reports properties and does not know the property has been sold. The inspector wrote up the garage and house roofs, but the house does not need a roof. The gazage arguably needs a roof. (Mr. Woods submitted photographs.) Mr. Woods stated that the whole roof needs to be replaced within a year anyway. He can do the patch now and make the other repairs later. He needs a few weeks to do the screens. As for the other stuff, he is asking for two days to fix them. He could have worked it out with Code Enforcement. After Mr. Woods said his couch was picked up, the inspectar told Mr. Woods that if he didn't get things fixed, the inspector would issue a ticket. The inspector also said to file an appeal if he does not like it. In answer to several questions, Mr. Woods answered that the sanitation and vehicle parts were picked up, and the ta11 grass and weeds were taken caze of. Ms. Moermond asked about the two vehicle deficiencies that were noted. Mr. Woods responded someone pazked a van part-way on a lawn. The inspector wanted the van moved and said if Mr. Woods wanted to pazk on the lawn, he had to file a pazking plan. Mr. Woods does not want to do that. That van is now gone and no one pazks on the grass anymore. o3-�D�9 LEGISLATIVE HEARING NOTES FOR NOVEMBER 10, 2003 Page 2 Ms. Moermond asked about the storm door. Mr. Woods responded that he needs a couple of weeks to do the screen and the storm door. Ms. Moermond asked about the eaves and soffts and whether it was for the garage or house. Mr. Woods responded a little is on the gazage and the house. He can get those done in two weeks. He can also patch the hole in the garage. Ms. Moermond asked were there holes in the house. Mr. Woods responded the house roof is fine. Ms. Moermond stated that the listing for the gazage reads that it needs to be in "sound condition and secure from unauthorized entcy." She asked was there an open door. Mr. Woods responded he thinks the inspector is referring to the hole in the roof. There is only one window and it is boazded over. Ms. Moermond asked is he the taxpayer on this property. Mr. Woods responded he thinks he is. Ms. Moermond stated the City will go to Ramsey County to ask who is the taspayer on the properry, and that is who the City references as the owner. Mr. Woods should get his name on the records at Ramsey County. Mr. Woods responded it is registered as rental property in his name. Ms. Moermond stated it could snow or rain, so the owner may be better off with a few more weeks. She asked is December 1 doable. Mr. Woods responded that is more than fair. Mr. Woods stated that he does not want to do anything with the roof on the house. Ms. Moermond responded it does not specify house or garage roof. Since they aze in a position of assuming, she will assume the inspector is referencing a garage where there is a cleaz and obvious hole. The shingles on the house do look somewhat deteriorated especially in the first column of pictures. There are shingles missing. Mr. Woods responded that the spot had a satellite dish there. Ms. Moermond stated the inspector could have been referencing that spot, but he should check with the inspector. Mr. Woods stated he is concerned about Item 10 because the last line reads to "Replace the roof- eaves-paint the wood surface." He would be happy to replace the roof in six months. Ms. Moermond responded that she can amend that to repair the roof by December 1, and replace the roof by June 1. Ms. Moermond's decision is as follows: An extension to December 1, 2003, has been granted on the October 22, 2003, Conection Notice with the following exceptions: 1) no extension has been granted on Item 1-Sanitation, Item 3-Vehicles, and Item 4-Vehicles, 2) The roof, Item 10, will be repaired by December 1, 2003, and replaced by June 1, 2004. 03 - in�q LEGISLATIVE HEARING NOTES FOR NOVEMBER 10, 2003 Page 3 2105 Como Avenue Mazcia Moermond stated the Thomas F. Pursell, Lindquist & Vennum, for Victor Real Estate, faxed a letter that the owner is withdrawing the appeal on this matter. Michael Urmann reported that is correct. By applying for the appeal, the owner received the extension needed to complete the work. Ms. Moermond denied the appeal on the October 17, 2003, Deficiency List as they received the extension they wanted. 6 Leech Street Allen E. Ronnenberg for East Metro Subway, 1628 White Bear Avenue, appeared. Michael Urmann reported the appellant and he spoke this afternoon. They agreed that Fire Prevention will not oppose the appeal due to the financial difficulty of installing the vents. The only condition is that if the bathroom is ever rehabilitated to the point that ventilation could be easily installed, that should be done. Mr. Ronnenberg responded that is fine with him. Ms. Moermond asked if they both agreed that there were no problems with the other items. Mr. Urmann and Mr. Ronnenberg responded in the affirmative. Ms. Moermond stated that she will deny the appeal as an accommodation has been reached between the owner and the appellant. Mr. Urmann responded that for purposes of the code, he would like the appeal granted as that will give Fire Prevention the right to issue the owner a variance. That is why he recommended that the owner appeal it. Ms. Moermond granted the appeal on the October 23, 2003, Deficiency List with the following condition: if the bathroom is ever rehabilitated to the point that ventilation could be easily installed, the owner will install the ventilation. (Note: 915 York and 921 Yark were discussed in tandem.) 915 York Avenue (No one appeazed from Code Enforcement.) The following appeared: Frank Steinhauser, owner, and Patricia Whitney, 878 Payne Avenue, his attorney. Mazcia Moermond asked aze the appeals the same in both cases: there is not enough time to complete the lists because of the weather. Ms. Whitney responded in the affirmative. 03 - �a�9 LEGISLATIVE HEARING NOTES FOR NOVEMBER 10, 2003 Page 4 Ms. Moermond stated it looks like the inspector gave a month to complete the repairs. She asked has there been any progress, Ms. Whitney responded yes and there will be more progress as the weather holds, but the painting can't be done at this time. They are asking for an extension to June 1, 2004. (Ms. Whitney showed a photograph of 921 York.) Ms. Moermond stated she is inclined to grant the eatension of six months on the painting. Ms. Whitney responded it may still be snowing in April. If that is the case, responded Ms. Moermond, they will deai with it then. Ms. Whitney stated that the owner has tried to contact the inspector, and there has not been a good line of communication; messages have apparently been left on both sides. Ms. Moermond stated the Cascis aze still listed on one of these properties. Ms. Whitney responded it is a contract-for-deed. Ms. Moermond asked are they long deceased. Ms. Whitney responded yes. Ms. Moermond asked has it been probated. Ms. Whitney responded she did not know. The young Cascis discuss issues with Mr. Steinhauser from time to time, but he is on file as the contract-for-deed holder. Some of the items on the Correc6on Notices aze minor. It would haue been nice to discuss this with Code Enforcement stafFbeforehand. The inspector promised to ca111ast Friday, but the call never came. The inspectors know that Ms. Whitney has been counsel on record in the past, so they could haue contacted her. Ms. Moermond stated they have been given un61 November 24 to complete the repairs. Mr. Steinhauser stated there has not been one day when the weather has permitted work. It has been cold ar wet everyday. Ms. Moermond stated it was nice Saturday. Mr. Steinhauser responded he cannot get a contractor to work one day on a little hole. They aze talking about ripping the fascia off, and there could be rot inside of it. It might turn into a week project. The hole is not visible from the street. It is not a hole into the house. There aze one or two holes that aze new. Ms. Moermond granted an extension to May 1, 2004, on the October 23, 2004, Correction Notice. Without Code Enforcement staff present to speak to what they have seen at the two properties, it is impossible to do anyfliing else. Ms. Whitney asked what she should do if they have a rainy Mazch or April. Ms. Moermond responded they can call her office because they will still be operating under this Correction Order at that fime. Code Enforcement can issue another order on new or additional items as well. o3-i��9 LEGISLAT'IVE HEARING NOTES FOR NOVEMBER 10, 2003 Page 5 921 York Avenue (See the above minutes for 915 York Avenue.) (No one appeared from Code Enforcement.) Mazcia Moermond granted an ea�tension to May 1, 2004, on the October, 23, 2003, Correction Notice. The hearing was adjourned at 2:00 p.m. �