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03-973Council File # �3 � J 73 Green Sheet # 3007115 Presented by RESOLUTION CITY OF SAINT PAUL, MINNESOTA IS Refesed To Committee Date SE TT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the October 14, 2003, decisions of the Legislative Hearing Officer on Appeals for Letters of Deficiency, Correction Notices, and Correcfion Orders for the following addresses: Propert�A_ppealed A��ellant 75 Plato Boulevazd West Mark J. Waldo for Gross Given Manufacturing Decision: Appeal granted on the September 14, 2�03, Deficiency List. 361 Bates Avenue David J. Petrson Decision: Laid over to the October 30 Legislative Hearing. 1941 Nortonia Avenue Thomas R. Jirik Aecision: Laid over to the October 30 Legislative Hearing. 877 Snellins? Avenue North Thomas F. Pursell, Lindquist & Vennum, representing H.R. Chen, clo Victor Real Estate Co. Decision: Appeal denied as Fire Prevention granted an extension to the September 25, 2003, Deficiency List. 1099 Jenks Avenue Decision: Appeal denied on the September 30, 2003, Conection Notice. Yeas Na s Absent Benanav y Blakey �/ Bostrom �/ Coleman � Harris ,/ Lantry ,/ -P eite�- d � Adopted by uncil: Date �� ,'��3 Adoprion . fied by Council Secretary By: � lr/Gr��//iLL�SG� -�7 d Requested by Department of: � Form Approved by City Attomey � Approved by Mayor for Submission to CouncIl � By: _-- � , d3� q73 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenHoffice/council: Date Initiated: co �o��� Z��r-03 Green Sheet NO: 3007115 Cor�ict Person 8 Phone• Deoarhnent Sert To Person initiallDate Marcia Mcermond � 0 a c;l 266-8560 p��yn i uncit Hostram Must Be on Council Agenda by (Date): Number Z � Clerk For Routing 3 Order 4 5 Total # of Signature Pages _(Clip All Locatlons for Signature) Action Requested: Approving the October 14, 2003, decisions of the Legislative Hearing Officer on Appeals of Letters of Deficiency, Cosection Notices, and Correcrion Orders for the following addresses: 75 Plato Boulevazd West, 361 Bates Avenue, 1941 Nortonia Avenue, 877 Snelling Avenue North, and 1099 Jenks Avenue. Recommendations: Approve (A) or Rejed (R): Personal Service Contracts Must Answer the Following Questions: � Planning Commissio� 1. Has this personffirm ever worked under a contract for this department? CIB Committee Yes No � Civil Service Commission 2. Has this person/firtn ever been a ciry employee? Yes No , 3. �oes this person/firtn possess a skill not normally possessed 6y any . current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet lnitiating Problem, Issues, OppoRunity (Who, What, When, Where, Why): � AdvantageslfApproved: Disadvantages If Approved: DisadvanWges �f NotAporoved: Total Amount of CosHRevenue Budgeted: Transaction: Funding Source: Activiry Number: Financiaf l�fortnation: (Explain) 03- 973 NOTES OF THE LEGISLATIVE HEARING LETTERS OF DEFICIENCY, CORRECTION NOTICES, AND CORRECTION ORDERS Tuesday, October 14, 2003 Room 330 City Hali, 15 West Kellogg Boulevazd Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 130 p.m. STAFF PRESENT: (i3one) 75 Plato Boulevard West (1Vo one appeared.) Marcia Moermond granted the appeal on Che September 19, 2003, Deficiency List as Fire Prevention has withdrawn their objections. 361 Bates Avenue (No one appeazed.) Marcia Moermond laid over to the October 30 Legislative Heazing as Fire Prevention staff thought the appeal had been withdrawn and recommended refunding of the $25 filing fee, but Ms. Moermond's office just had contact with the owner David J. Peterson who did not have that same understanding. 1941 Nortonia Avenue Thomas R. Jirik, owner, appeared and stated he cannot be bothered with this Correction Notice unless there are complaints, and he knows of no complaints. Marcia Moermond stated there must have been a complaint to generate this. The complaint could have come from neighbors or a neighborhood organization. When there is a complaint, the City has to check it out. The inspector found that the complaint was valid. This Correction Notice has to do with the conditions, not how they became aware of the problem. Mr. Jirik responded it seems strange that he would not know about the complaint so he could rectify it. Ms. Moermond responded that the purpose of this Correction Notice is to make him aware of the problem. Mr. Jirik stated someone from Fire Prevention should be here. Ms. Moermond responded she received a phone ca11 that staff was going to have problems attending this hearing. Since he raises this as an issue, she has two choices: grant the appeal or zeschedule the heazing to a time when staff can be present. She is leaning toward rescheduling a hearing. If she does not reschedule, Fire Prevention can issue another Correction Notice and there can be another hearing. It would be best to have staff here. These are serious concerns. o3-9�i3 N01`ES OF THE LEGISLATIVE HEARING FOR OCTOBER 14, 2003 Page 2 Mr. Jirik stated the cause of the complaint should be right here. Ms. Moermond responded the source of the complaint can be anonymous as faz as the City is concerned. The conditions snnply initiate an inspection. Whether the conditions exist would generate the Correction Notice. Item 4- The exterior walls and/or trim has defective, peeled, tlaked, scaled or chalking paint or has unpainted wood surfaces. Scrape and repaint to effect a sound condition in a professional manner. - Mr. Jirik stated he does not know what that means. Staff should be here explaining where there is a problem with peeling paint, and they should also refer to the statute. Also, it is difficult to paint now because it has gotten cold again. Ms. Moermond stated at the tune of the next hearing, she will make sure there are references to the appropriate City codes. Almost all of it should refer to Chapters 33 and 34. Item 2- The window and/or door screens are missing, defective or in a state of disrepair. Provide proper window and door screens for all openable windows and doors. Screens must be fight-�itting and securely fastened to the frames. - Mr. Jirik stated this is October. He asked does he need screens now. Ms. Moermond responded legally he does. Part of the code is that there has to be screens on all the windows. They can talk about that. Item 5- Defective stairs. Stairs are broken, defective, or in disrepair. - Mr. Jirik stated there is just a nick in the steps. Ms. Moermond asked did he have a photograph. Mr. Jirik responded no and then asked does the City have proof of a11 of this stuff. Thep just make these charges, do not come to the hearing, and do not prove anything. Ms. Moermond asked is he available on October 30 to attending a hearing. Mr. Jirik responded he will have to be. Ms. Moermond laid over to the October 30, 1:30 pni., Legislative Heazing. This will be discussed at that time. Unti1 then, enforcement of the Correction Order is held in abeyance. 877 Snelling Avenue North (No one appeared.) Marcia Moermond denied the appeal as Fire Prevention granted an extension to the September 25, 2003, Deficiency List. 1099 Jenks Avenue According to the Application for Appeal, stated Marcia Moermond, the owner is in the process of putting an addition on his home. Don Sauve, owner, appeared and stated he has five kids and one on the way. His camera broke, so he does not have photographs. He is doing all of the work himself. It is an old home. As far 03- 973 NOTES OF THE LEGISLATIVE HEARING POR OCTOBER 14, 2003 Page 3 as the inspectar compiaining about construction materials in his yazd, Mr. Sauve tries to keep a tarp over it as best he can. It is nothing like it was because he has hauled things away. When he built the addition, he bought enough siding to do the gazage. Vinyl siding would be wonderful, but he has not had time to get to it yet. This area is a construction zone. The inspector is not wiiling to budge, so Mr. Sauve painted the garage just to make the inspector happy. The inspector said he would not mind giving him a continuance in the spring, but then he wanted to call him back in November. Mr. Sauve asked him why. Everything is in compliance with the inspector. It is a constzuction zone and the inspector shouid leave him alone. Ae does not know what to do with his neighbor; he is an older gentleman and gets a little cranky. NIr. Sauve does not allow his children to go over there. Ms. Moermond responded it may not be the neighbor who complained. Ms. Moermond asked about providing garage reflectorized or illuminated house numbers, which is on the Correction Notice. Mr. Sauve responded that is done. Ms. Moermond asked about the vehicles on the Correction Notice. Mr. Sauve responded there aze no vehicles. Ms. Moermond stated the only thing left is the yard being picked up. Mr. Sauve responded this has been done. Ms. lVloermond denied the appeal on the September 30, 2003, Conection Notice as the house is in compliance according to the property owner. It is a moot issue. The heazing was adjourned at 1:56 pm. �