04-1037�ir��r�.o�/ �d-a� d�
City of St. Paul / ���� P �� COUNCIL FILE NO. ��`t��1
r
7TION RATIFYING ASSESSMENT By
File No. SEE BELOW
Assessment No. SEE BELOW
Voting
Ward In the matter of the assessment of benefits, cost and expenses for
�5
J0363V1 (8037) Towing of abandoned vehicles from private property
during the months of January, February, March and
April 2003.
LAID OVER BY COUNCIL ON 10-6-04 TO 10-27-04
A public hearing having been had upon the assessment for the above
improvement, and said assessment having been further considered by the Council, and
having been considered finally satisfactory, therefore, be it
RESOI,VED, That the said assessment be and the same is hereby in all respects
ratified.
RESOI,VED FURTHER, That the said assessment be and it is hereby determined
to be payable in One equal installments.
Yeas Nays Absent
Benanav �
Bostrom �
Harris �
Helgen
Lantry �
Montgomery V
Thune
� � �
Adopted by Council: Date O(�� �1,��
Adoption Certified by Council Secretary
�
Appr
!'s�*E
- �u b►i� HE�R �o- a7-Dy �c �o-�a-oy
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
O�t- t031
' DepartrnenUofficelcouncil: ; Da[e Initiated:
Pw -�,b,;�wor� ;„-0�r-� '; Green Sheet NO: 3023362
Co�ct Person & Phone• i ���ent SerK 7o Nerson � �mn
� Bruce Engelb2kt ', � , 0 P ublic Works � Bruce Eoaelbrekt �1�� �
266-SS54 ' puiyp � t 'Council Narv Erickson ,
Must Be on Couneil Agenda by (Date): , Number , 2 �;w C ER _
� Por
� '� Routing
Order
' I
' i
', Total # of Signature Pages _(Ciip AU Locations for Signature)
� Action Requestetl:
j At council's request on 10-6-04 this item was laid over to ]0-27-04 towing of abandoned vehicles from private property durin� the
months of January, February, Mazch and Apri12003.
! File No. J0303V I
� Recommendations: Approve (A) or Reject (R): : Personal Service Contrects Must Answer the Following Questions: ��,
Planning Commission � 1. Has this person/frm ever worked under a contract tor this department?
�� CIB Committee � Yes No
Civil Service Commission • 2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Property owners or renters create a health hazard at various times throughout the Ciry of Saint Paul when their property is not kept up.
' The City is required by Ciry code to clean up the property and charge the property owner for the cost of the clean up.
�
Advantaites IF Approved:
Cost recovery programs to recover expenses for summary abatements, �rass cutting, towing of abandoned vehicles, demolitions,
garbage hauling and boazdings-up.
i DisadvanWpeslfApproved:
; None
I DisadvanWpes If Not Approved:
If Councii does not approve these chazges, general fund would be required to pay the assessment.
otal Amount of 3326.45
Transaction:
Fundinp Source:
CostlRevenue Budgeted:
� ��.�'���a°Gf v�?�
Activity Number:
F inancial Information:
(Explain) 4 proper[y owners will be notified of the public hearing and char�es.
$ �;;E��
City of St. Paul
Real Estate Division
Dept. of Technology � Management Serv
COUNCIL FILE NO.�_ �0��
REPORT OF COMPLETION OF ASSESSMENT
File No. SEE BELOW
Assessment No. SEE BELOW
Voting
Ward In the matter of the assessment o£ benefits, cost and expenses £or
J0303V1 (8037) Towing of abandoned vehicles from private property
during the months of January, February, March and
Apri1 2003.
LAID OVER SY COUNCIL ON 10-6-04 TO 10-27-04
To the Council of the City of St. Paul
The Valuation and Assessment Engineer hereby reports to the Council the
following as a statement of the expenditures necessarily incurred for and in
connection with the making of the above improvement, viz:
Total costs
Charge-Code Enforcement
Real Estate Service Charge
$3,121.45
$ 125.00
$ 80.00
TOTAL EXPENDITURES
Charge To
Net Assessment
$3,326.45
$3,326.45
Said Valuation and Assessment Engineer further reports that he has assessed and
levied the total amount as above ascertained, to-wit: the sum of $3,326.45 upon
each and every lot, part or parcel of land deemed benefitted by the said improvement,
and in the case of each lot, part or parcel of land in accordance with the benefits
conferred thereon; that the said assessment has been completed, and that hereto
attached, identified by the signature of the said Valuation and Assessment Engineer,
and made a part hereof, is the said assessment as completed by him, and which is
herewith submitted to the Council for such action thereon as may be considered
proper.
Dated -'��- t�
� ����
/!r Vaivation a d Assessment Enqineer
October 27, 2004 City Council Action Minutes
I�
45. Resolution Ratifying Assessment - 04-1037 - In the matter of the assessment of
benefits, cost and expenses for towing abandoned vehicies from private properiy
during January, February, Mazch and Apri12003. (File No. J0303V1) (Laid over
from October �(Legislative Hearing Officer recommends the following:
751 Ashland Avenue - reduce the assessment from $610 to $200 and spread the
payments over a three-year period;
1956 �fth Street East - reduce the assessment from $1,121.45 to $560.72 and
spread the payments over a five-year period;
503 Lafond Avenue - approval;
2204 Seventh Street West - approve and spread the payments over a two-year
period)
Adopted as amended Yeas - 7 Nays - 0
(per the recommendation of the Legislative Hearing Officer)
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MINUTES OF TI� LEGISLATIVE HEARING
c»--�e
ORDERS TO REMOVE/REPAIIt, CONDEMNATIONS, ABATEMENT ASSESSMENTS
Tuesday, October 12, 2004
Mazcia Moermond, L,egislative Hearing Officer
Room 330 Courthouse/City Hall
The hearing was called to order at 10:00 a.m
STAFF PRESENT: Steve Magner, Neighborhood Housing and Properry Improvement (NHPn;
Michael Urmann, Division of Fire Prevenrion; Steve Zaccard, Fire Mazshall.
J0403E3 Laid over summary abatement for escessive cansumption of inspection
services for 518 Charles Avenue.
Patrick McGrath, owner, appeazed and stated this was an excessive consumption. He got orders
to do painting, repair the porch, stairs. There were 12 windows painted. It's a brick house. The
only thing left undone is the painting. He had some medical issues in the past two years.
Mazcia Moermond asked did he call the inspectors. Mr. McGrath responded he has had trouble
with the inspectors. The inspectors just drive by; they don't come and look at anything. He is
appealing the assessment because it is an unreasonable imposition on the homeowner. This is
taking of property without due process.
Ms. Moermond asked what property was taken. Mr. McGrath responded his money is property.
Ms. Moermond recommends reducing ihe assessment from a total of $295 to a total of $147.50,
as there was an enor on the agenda today; 518 Chazles is not on it. She will check the file. If
more should be take off, he will get a call.
� J0303V1 Laid over summary abatements for abandoned vehicles from private
property during January, February, March, and Apri12003.
503 Lafond Avenue
(No one appeazed.)
Marcia Moermond recommends approval of the assessment.
751 Ashland Avenue
Marcia Moermond explained this is a towing of abandoned vehicle.
Velma Lee Anderson, owner, appeazed and stated the City took her vehicle from her yazd and
they shouldn't have. The City did this when she was in the middle of two family funerals. The
vehicle was first parked where it shouldn't have been. The window was broken. One vehicle
D�-1���
LEGISLATIVE HEARING MINUTES FOR OCTOBER 12, 2004 Page 2
was taken away. The Cadillac was moved to the back of the pazking area, rockldirt type, next to
the gazage which she t�s used for 30 yeazs. The inspector thought it looked like the tabs were
expired. She purchased tabs in December. The only thing missing was the battery. It was taken
out because someone had tried to steal it. She didn't know her vehicle was gone because she was
going in and out of the back. She didn't understand the letter at fitst, as this has been a rock
pazking azea from the rime she purchased the home. She was told to add more rocks on it to
abate it
Steve Magner reported that on December 13, 2002 there was a complaint on rivo vehicles: 1) a
blue Cadillac with November 2002 tabs, flat tires, inoperable, and 2) a blue Chevy with a broken
window. A Sununary Abatement was mailed on December 16 with a compliance date of
December 23. The inspector went back on December 30, there was no change, and a citation was
issued for allowing abandoned vehicles on the property.
Ms. Moermond asked what happened with the citation. Ms. Anderson responded she had to pay
about $150.
Ms. Moermond asked where was the vehicle when the police towed it and was it moved to the
driveway. Ms. Anderson responded her Chevrolet was gone and she would not leave her other
car parked and unaddressed. The car was a collector item. There are homes in the alley with
debris in the yazd.
Ms. Moermond recommends reducing the total assessment from $610 to $200 and pa}nnents
made over a three year period.
1956 Fifth Street East
Javier Popoca Corantes, owner, appeared and stated his nephew parked his car. He did not know
what kind of car it was. He opened the mail and gave it to his nephew. The nephew said he
would take caze of it. Mr. Corantes does not know how he can pay this.
Steve Magner reported that on Mazch 27, an inspector was at the properiy and indicated there
was a blue Cadillac pazked on the properly with expired tabs of August 2002. A summary
abatement was issued and mailed to 195b Fifth Street and to occupant at the same address. On
March 28, the Vehicle Abatement Order was mailed to Corantes at this address and to the
occupant. The orders indicated the violation had to be removed by April 10, 2003. The
inspector went there and the vehicle was still in violation. A tow order was sent to the Saint Paul
Police Department. The vehicle stayed there through one round of storage, and that is why the
cost is so high.
Ms. Moermond recommends reducing the assessment from a total of $1,121.45 to a total of
$560.72 and spreading the payment over a five-yeaz period. The storage costs were iwice as
much because the police department did not process it quickly.
o�-eo3 �
LEGISLATIVE HEARING MINUTES FOR OCTOBER 12, 2004
2204 Seventh Street West.
Page 3
Steve Magner reported an inspector was at the property on February 5, 2003. In the reaz lot was a
van and a silver Honda, both with expired tabs. Summary abatements were issued on both
vehicles. The Vehicle Abatement Orders were mailed to Flanders in Maplewood and to the
Johnsons at a p.o. box with a compliance date of Mazch 7. The inspector catne back, found the
vehicles were not in compliance.
Merle Johnson, owner, appeazed and stated he rents to lower income tenants. They can hardly
afford rent. He did not get a letter. Ms. Moertnond responded he should have received a letter
two years ago. Mr. Johnson responded that he did and he told the tenants to get tabs.
Ms. Moermond stated it was two months from the time the City wrote a letter and when the City
towed it. Mr. Johnson responded that when ihe car is gone, they cannot get another one. He tries
to give them a chance.
Mr. Magner reported there is a note that the vehicles were being "ping ponged" bet ween two
addresses. A work order was sent to the other address. The vehicles were towed off 2204
Seventh.
Ms. Moermond recommends approval and spreading the payments of the assessment over a two
year period, as it is the owner's responsibility to manage the property.
J0404C Demolition of vacant building (garage) at 1854 Benson Avenue during July
2004.
(Laid over from 9-28-04)
Marcia Moermond stated the owner talked about the gazage which the City had an order to
remove or repair. It seemed the best way was for the City to remove the garage, and to put the
owner on a payment program. It turned out there was a friabie kind of asbestos in the garage,
which meant there was a$8,900 on the asbestos removai in addition to the $2,900. Ms.
Moermond made calls and found that the City does not have any help with loans or grant. She
was referred to the Minnesota Pollution Control Agency (MPCA) as there may be money from
them to help. Ms. Moermond can set up payments. She heazd there were other things going on
also with the power being shut off. Janel Peizel responded the other owner's income was being
deducted. That is all taken caze of. She is glad the City did the demolition on the garage;
however, estimates were $3,000 to $4,006 and they knew there was asbestos. She asked how she
could be charged twice as much when they knew what the problem was in the beginning.
Steve Magner reported they found out there was boiler block asbestos present. The contractor's
estimate was $3,000 to $4,000 based on what was visible at the time. When they got in there,
they took twice as long and had twice as much abatement as what was initially identified. At that
point, it is the time and materials for removal. The demolition of the garage came in under the
�•103�
LEGISLATIVE HEARING MINUTES FOR OCTOBER 12, 2004 Page 4
bid. The asbestos had to be done. It was an immediate hazard. Once it is identified as being
there, it is a Irnown cazcinogen, and it cannot be left open to the public. It became at that time, an
emergency abatement
Ms. Pelzel stated she knows about chemicals as she used to work with them. They knew what
the problem was and she is being charged tcvice as much. Mr. Magner responded it is the time
that doubies the price. Once it is all removed, there are disposal costs. This is an extremely
friable type of product The MPCA was notified of this job and there probably was an inspector
that looked at this. The MPCA has specific guidelines on how this should be done. It is the tnne
that it takes to abate it. There was no other recourse on this matter, but to abate it.
Ms. Moermond stated the best estimate is $3,000 to $4,000. Once they went there, there was a
greater volume and a greater amount of time. It was an emergency, so they had to continue doing
it. Months ago, no one thought it would cost that amount of money. She talked to Real Estate
Office and they can put this on a ten yeaz payxnent plan. Ms. Moermond would like to keep this
in hearing, to see if they can get some payment money. Councilmember Harris represents this
azea. She met with his stafFto talk about this situation. When the second assessment comes up,
it will be put all together. Ms. Moermond suggested that the owner get an attorney. The
homeowner's insurance may cover some of it.
(Ms. Moermond's recommendation is forthcoming for this assessment. The other part of this
assessment dealing with this garage will come to a Legislative Hearing in 2005.)
J0403E2 Laid over summary abatement for excessive consumption of inspection
services at 396 Burgess Street.
(Note: this address was inadvertently left offthe agenda for today.)
Nancy Watkins, owner, appeazed and stated everything was fixed when the inspector came the
first time. He said wire in the basement was coming down. It turned out to be wire from an old
doorbell. She was charged twice. The furnace guy said everything was okay, and the inspector
crossed it off the list. The inspector came by for other things, but he never made special trips, yet
she was chazged for them.
Ms. Moermond asked did she tell the inspector about the doorbell wire. Ms. Watkins responded
she told him when he came out. He chazges extra to come out and didn't come out.
Ms. Moermond stated she will look at the file and come up with a recommendation. She will
call the owner later with her decision.
(Note: Ms. Moermond's recommenda6on is approval ofthe assessment.)
o`I -1 D37
LEGISLATIVE HEARING MINIJTES FOR OCTOBER 12, 2004
Page 5
Resolution ordering the owner to remove or repair the property at 1040 Jessie Street. If
the owner fails to comply with the resolufion, Neighborhood Housing and Property
Improvement is ordered to remove the building.
(I,aid over from 9-28-04)
Steve Magner reported there is a new smnmary report on this properry and included in that is a
purchase agreement and a work plan. The current owner Lois Palmer was at the first Iegislative
hearing, and her intent was to mazket the property. She was given two weeks to mazket it and
bring it to another hearing. At the second hearing, the Hearing Officer had a purchase agreement,
but the parties did not show up. Today, the party is here. The new owner plans to close in
November and has a work plan. He attempted to post a bond yesterday, and LIEP would not
accept it because he is not the listed owner. Mr. Magner suggested that they bring the purchase
agreement to LIEP and post the bond with that or the owner could posY the bond.
Ms. Moermond stated it looks like the Fire Department did the team inspection on this. She
asked has he reviewed the work prograru. Mr. Magner responded he only received it this
morning. Tlris building is not far from being down in six months, but an eazly winter may cause
a delay. If enough of the repairs aze made, a partial Certificate of Occupancy can be issued with
the fact that he has to come back in the spring and maintain the fizll compliance. Mr. Pilz has a
working relationship with I3HPI. He has done prior properties. This is a Category III building.
NHPI is not opposed to any of this, but would like them to pay the bond and get the permits.
Bob Pilz, owner, explained that the weather will not delay it through the spring. Ms. Moermond
responded that staff has the discretion to grant additional time to complete it if it is more than
50% complete at the 180 day mark. She would like him to move the November closing forward.
Mr. Pilz responded if they can get Ms. Palmer to get her junk out, then they will close it. Ms.
Moermond responded that she would like to say everything is done when she stands in front of
the City Council on October 27.
Ms. Moermond recommends granting 180 days to complete the rehabilitation of the properry if
the following is done by noon of October 27, 2004: 1) Staff review the work plan to make sure it
is sufficient, 2) real estate taYes brought up to date, 3) a$2,000 bond posted.
Resolution ordering fhe owner to remove or regair the property at 640 Minnehaha Avenue
West If the owner fails to comply with the resolution, Neighborhood Housing and
Property Improvement is ordered to remove the building.
(Laid over from 9-28-04)
(No one appeazed to represent the properiy.)
Steve Magner reported that he spoke to the owner this moming. The owner pians on obtaining
his pernut by the end of next week. He started to do the cleanup. Mr. Magner has a work plan,
�-103�
LEGISLAT'NE HEARII3G MINIJTES FOR OCTOBER 12, 2004 Page 6
and it seems feasible for completing the work. NHPI has no ob,}ections to amending the
resolution to 180 days.
Ms. Moermond recommends granting the owner 180 days to complete the rehabilitation of the
property.
Resolution ordering the owner to remove or repair the property at 705 Farrin�ton Street
If the owner faits to comply with the resolution, Neighborhood Housing and Property
Improvement is ordered to remove the building.
(Photographs were submitted by Steve Magner.)
Steve Magner gave the following report: this is two-story wood frame duplex. It was
condemned March 2003 and has been vacant since February 10, 2003. There have been seven
summary abatement notices issued to remove gazbage, remove debris, cut tall grass and weeds.
On June 24, 2004, an inspecrion of the building was conducted, a list of deficiencies which
consritute a nuisance condition was developed, and photographs were taken. An order to abate a
nuisance building was issued on July 2, 2004 with a compliance date of September 2. As of this
date, this properly remains in a condirion which comprises a nuisance as defined by the
legislative code. The vacant building fees haue been paid. Two citations have been issued for
failure to register the vacant building and pay the vacant building fee. Tasation has placed an
estimated market value of $24,900 on the land and $'77,600 on the building. On September 29, a
Code Compiiance Inspection was done. As of today, the bond has not been posted. Code
Enforcement inspectors estimate the repair costs to be between $65,000 to $75,000; estimated
cost to demolish, $8,000 to $9,000.
Kos Jahangiri, owner, appeazed and stated he plans to fix it. He has this property because
someone owed him money, and then he was stuck with the properiy. This has been a drain on his
finances, and it is not for money making. The bank is going to give him a loan now. He has
done a rehabilitation once before.
Ms. Moermond stated the City has had to issue Summary Abatement Orders to teli him to clean
up the property. The City has had to perform the work. The vacant building fees have not been
paid, and criminal cita6ons haue been issued. A bond has not been paid. All of these indicate
that he does not know what he is doing property management-wise or rehab-wise. This building
is in rough shape. She asked is he doing this himself. Mr. Jahangiri responded he has a
contractor. They pulled the pernuts. Mr. Magner responded there are not permits for this
properry. He couldn't pull permits until a bond is issued.
Ms. Moermond stated the City requires a$2,000 bond be posted for a dangerous structure. A
person cannot pull pemuts on a dangerous structure until a bond is posted. Mr. Jahingiri asked
can he get an extension. Ms. Moermond responded she has a hearing on October 26 and he can
attend that one. She is looking for the following: 1) a work plan so the owner knows the scope of
_.—..-...r_ r��_--- — - _ _ �_- -
�-�037
LEGISLATIVE HEARING MINUTES FOR OCTOBER 12, 2004 Page 7
what he is going to undertake to bring the properry back into code compliance, 2) a bond will
need to be posted by noon of October 27, and 3) evidence of financial wherewithal to execute the
rehabilitation. They can talk on October 26 about the work plan and bond. He may want to
bring his general contractor to that heazing.
Ms. Moermond recommends laying over to the October 26 I,egislative Hearing and the October
27 City Council Meeting._
Resolution ordering the o�vner to remove or repair the property at 946 Fnller Avenue. If
the owner fails to comply with the resolution, Neighborhood Housing and Property
Improvement is ordered to remove the building.
The following appeared: James Shelton, 683 St. Anthony Avenue; Joyce Shelton; and Wiiliam �
Sheiton.
Steve Magner reported he is only discussing the reaz structure. This is a two-story wood frame
and stucco house on the rear portion of the lot. The building has been vacant since July 16, 2003.
The owners aze James Shelton, Jr. and Joyce Shelton. On August 4, 2004, an inspection of the
buiiding was conducted, a list of deficiencies which constitute a nuisance condition was
developed, and photographs were taken. An Order to Abate a nuisance building was issued on
August 11, 2004 with a compliance date of September 10. As of this date, this property remains
in a condition which comprises a nuisance as defined by the legislative code. The vacant
building fees are due. Tasation has placed an estimated market value of $38,800 on the land and
$116,300 for the building, akhough the $116,340 may reference both structures on the lot. The
bond has not been posted. The estimated cost to repair is $70,000 to $80,000; estimated cost to
demolish, $6,000 to $7,000.
Ms. Shelton stated she wanted time to get estimates for demolition and rehabilitation. Now that
she has the compliance review and plans to get a cost for that list. Then she can come up with a
work plan. She has estimates from two contractors for rehabilitation. They have two estimates
for demolishing. She has taiked to Mr. Senty, the inspector, a number of times. She is retired
and so is James. She lives in the front house. The back house is empty. It is all the time locked.
The house is unsightly, but not a nuisance. She asked for access to a list of conh�actors for
demolition and remodeling. She is also asking for a chance to get estimates to come up with a
good decision.
Ms. Moermond recommends laying over to the November 9 legislative hearing. She will be
looking far rehabilitation pians. If the City does the demolition, the assessment can be divided
over time. The owner should talk to the communiTy organization in the area. The Purchasing
and Contracting Office for the City can give her a targeted vendor list. Ms. Moermond asked if
946%z is a legal address. Ms. Shelton responded yes. It was a delivery postal address for years.
t�-to31
LEGISLATIVE HEARTNG MINIJTES FOR OCTOBER 12, 2004 Page 8
Resolution ordering the owner to remove or regair the property at 907 St. Anthonv
Avenue. If the owner fails to comply with the resolution, Neighborhood Aousing and
ProperEy Improvement is ordered to remove the building.
(Photographs were submitted by Steve Magner.)
Wally Nelson appeazed and stated he bought the properry at the end of September. He cleaned it
out. Jim Singer (License, Inspection, Environmental Protection) went through it, his team did the
inspection, Me. Nelson pulled the bond, and he will pull the pernuts by tomorrow.
Ms. Moermond asked how much time it would take. Mr. Nelson responded he will need 180
days. The worst part is getting it pulled back together.
Steve Magner reported this is a two-story wood frame dwelling. The building was condexnned in
November 2003 and has been vacant since November 12, 2003. The current owner is
Renovation, Inc. There have been four summary abatement notices issued to cut tall grass and
weeds, remove debris from porch and yazd, and remove snow and ice. On August 16, 2004, an
inspection of the building was conducted, a list of deficiencies wiuch constitute a nuisance
condition was developed, and photographs were taken. An order to abate a nuisance building was
issued on August 18, 2004 with a compliance date of August 24. As of this date, this properry
remains in a condition which comprises a nuisance as defined by the legislarive code. The timing
was based on an explosion on the property; the northwest corner of the house was blown out.
The fire inspector indicated it was possible arson. T'he mortgage company sold the properry.
Renovation, Inc. acquired the properry. Vacant buiiding fees are paid. Taxation has placed an
estimated mazket value of $19,400 on the land and $81,400 on the building. On October 8, 2004
a Code Compliance Inspection was done. A bond has been posted. The estimated cost to repair
is $75,000; estimated cost to demolish, $8,000 to $9,000. Jim Seeger (License, Inspections,
Environmental Protection) feels Mr. Nelson can get this property back together as per his
business.
Ms. Moermond recommends granting 180 days to rehabilitate the structure.
Appeais of Deficiency List and Vacant Building Registration Notice at 938 Sixth Street
East/623 Forest Street. (Division of Fire Prevention and NHPn
Mazcia Moermond expiained that the owner is appealing the list and the vacant building
registration.
3eff Voeller, owner, appeared.
Mike Urmann reported the building owner and he met at the site. Mr. Urmann made a
determination that the building should not have been condemned. They changed the status on it
to revokedlunoccupied. Their intention is to hold it in revocation due to the vacancy of the
o�i-i�3�
LEGISLATIVE HEARING MINIJTES FOR OCTOBER 12, 2004 Page 9
building requiring an inspection to be done prior to reoccupancy. They also have issued a lift
placard letter on the buiiding for the condemnation. There are no life safety issues that would
cause it to be condemnecl. It was a vacant structure, but it did not have multiple exterior
violations which would cause Fire Prevention to refer it to the Vacant Building Program. In
sununary: it was condemned in error, the condemnation has been lifted, and it has been changed
to a revocation as an unoccupied structure.
Ms. Moermond asked how there would be a vacant building without it being in the Vacant
Building Program. Mr. Urmann responded it is the duration of time it is vacant. It is secured by
normal means, and does not have multiple exterior violations. It is just right now an unoccupied
building and the building owner is in the process of trying to rehab and hying to sell: It is not
truly a vacant building.
Mr. Magner stated the reasons it was transferred to his ofFice aze not in place at this time;
therefore, he has no problem with changing the building to a Category L He would defer the
enforcement back to fire.
Ms. Moerxnond recommends granting the appeal to the Deficiency List dated September 22,
2004 per staff's recommendation because they have come to an accommodation.
Resolution ordering the o�vner to remove or repair the property at 366 Erie Street. If the
owner fails to comply with the resolation, Neighborhood Aousing and Property
Improvement is ordered to remove the building.
(No one appeazed to represent the property.} "
Steve Magper reported this as a two story wood frame dwelling. It has been vacant since January
3, 2003. The current owner is Joseph D. Ubl. There have been four siuvmary abatement notices
issued to cut tall grass and weeds and secure the front door. On July 13, 2004 an inspection of
the building was conducted, a list of deficiencies which cons6tute a nuisance condition was
developed, and photographs were taken. An order to abate a nuisance building was issued on
July 26, 20Q4 with a compliance date of August 25. As of this date, this property remains in a
condifion which comprises a nuisance as defined by the legislative code. The City has had to
boazd this building to secure it against trespass. The vacant buiiding fees are due and owing.
Taxation has piaced an estimated mazket value of $21,300 on the land and $73,200 on the
building. AS of today, there is no Code Compliance Inspection, nor bond, nor contact with the
owner. Inspectors estimate the cost to repair is $60,000; estimated cost to demolish, $6,000 to
$7,000.
Ms. Moermond recommends approval.
(There was a recess from 11:53 a.m. to 12:17 p.m.)
04(' `1� 31
LEGISLATNE HEARING MINLJTES FOR OCTOBER 12, 2004 Page 10
Appeal of Deficiency List at 46 Fourth Street East. (Division of Fire Prevention)
Steve Zaccard, Fire Mazshall, appeazed and stated it appeazs this is the same appeal that was
before the Legislative Hearing Officer last week, at which time she granted two extensions of
time for the enforcement of the revocation of the certificate of occupancy. The September 22
letter advises them of the right to appeal to her and the owner exercised that right already. Only
one of the elevators work. The occupants on the 13�' floor have vacated, but there is still
occupancy on Floors 5 and 6. If someone had a medical emergency, Fue has to take the
unreasonable time and staff to get to these people, treat them, and bring them down without the
aid of an elevator. Lives are at risk by doing it this way. Whether than force the revocation, the
latest extension ended at the end of business on Friday.
Daniel Le, attomey, stated there have been developments with respect to the repairs. He does not
believe the medical emergency scenario would be an unreasonable risk on human life. The
owners have done everything they can to address this issue of the elevators. With respect to the
actual elevators themseives, Mr. Le does not believe they present a safety issue, and they would
comply with limited use as the Fire Department has already agreed with two persons at a time
riding the elevator supervised.
(Larry Bertz gave Ms. Moermond a document.)
Larry Bertz, 895 Blue Gentian Road, Eagan, appeared and stated there was a proposal sent to Cha
Vang (owner) to make his elevator more reliabie. From the safety aspect, the City inspected
these a few months ago and the only safety issue was a code violation to perform the five year
safety test. The elevators are in decent shape. Ms. Moermond responded that three out of four
elevators are not operational, is her understanding. Mr. Bertz responded that is correct. The
reason they are not working is a five-year full load safety test has to be performed on every
elevator in the State of Minnesota. These elevators were red tagged and decommissioned
because the safety test had not been performed within the 30 days the City gave them. As faz as
the elevator free falling or crashing into the basement, it is not going to happen.
Mr. Zaccard clarified: lives aze at rlsk because Fire personnel would have to go up six flights of
stairs with a cot full of equipment and then back down again. He was not referring to the safety
of the elevators.
Mr. Le asked will it be usable in the event of a medical emergency where the Fire Department
needs to get up to the 5�' and 6�' Floors. Mr. Bertz responded they can do that, but it cannot be
done with the existing elevator. Right now, all the wiring is disconnected to be replaced.
Elevator 1 had a safety test performed and passed. The results were forwarded to the City. If
there is a medical emergency, they have the ability to turn the elevator back on. That is
something he has to speak to Jim Carison about, head of the Saint Paul Elevator Inspections
Department. The safety test was complete but there are a number of other items that involve
cleaning. There is nothing mechanically wrong with it. In the event there is a medical
o`�-w���'
LEGISLATIVE HEARING MINUTES FOR OCTOBER 12, 2004 Page 11
emergency, his crew will be there to operate the elevators to allow the Fire Department to access
the 5�' and 6`" floors. Also, by Friday, the center elevaYor wires were completed. That is the
biggest holdup. There are 220 wires that have to be disconnected, labeled, dropped down the
elevators shaft and the new cables hooked up in its place for Elevator 2.
Ms. Moerxnond stated that will be out of commission when that work is being done. Mr. Bertz
responded Elevator 1 is out of commission now. Ms. Moermond responded that Elevator 1 is
red-tagged right now pending completion of this list; therefore, Elevator 1 is not on the table.
Unril the red tag is lifted or Mr. Cazlson says the elevator can operate under those circumstances,
she is not going to open up the possibility of using the other elevators. She asked how long it
would take to complete the work for ihe wiring for Elevator 2. Mr. Bertz responded the wiring
should be completed by Friday. The nea�t issue is to repair the components under the car�, the
concem to begin with is that the elevator would only lift 1,200 pounds. Once the wiring is
finished, they will start the components under the elevator Monday morning. It still requires a
three to four hour inspection by Jim Carlson. It should be completed by next Wednesday
(October 2Q).
Mr. Le stated that Elevator 2 was used with the City's permission and knowledge to allow the
13`" Floor tenant to move their offices out. Ms. Moermond responded it is her understanding it
could not be used because the wiring is pulled on it. Mr. Bertz concutred. It is not a matter of
bringing it up to code, but making it more reliable. The wiring under there is 40 to 50 years old.
It is brittle and needs to be replaced. They have already found broken wires in it. The asterisked
items on the Deficiency List have already been completed.
Mr. Zaccazd stated that they are under the assumption that Mr. Cazlson will lift the red tagged
Elevator 1 if it is operated with his staff. Mr. Zaccard asked has Mr. Cazlson given a reason for
them to tlunk that. Mr. Bertz responded yes.
Mr. Zaccazd confinued: If the red tag is lifted, he can use Elevator 1 while they are finishing
Elevator 2.
Should LIEP allow Elevatar 1 to be used, said Ms. Moermond, the Certificate of Occupancy will
not be revoked. Elevator 1 should have the same condirions as Elevator 2: be operated by either
a firefighter or their personnel so it is there when the 5�' and 6`� floors are occupied. There
should be someone nrunediately there through the end of the day Friday, October 22.
Mr. Zaccazd stated the distinction is when the 5"' and 6 Floors aze occupied. At all fimes, it is
occupied. When he was there with the Fire Chief at 7:00 am., they told people that the elevators
were not worldng and they had to take the stairs. They come into work that eazly.
As soon as she has something in writing from LIEP, said Ms. Moermond, she will forwazd it to
the Fire Department. The conditions will take effect when she receives a letter from LIEP that
they aze willing to lift the red tag or allow use of the elevator with the condition they have talked
about.
� "
LEGISLATIVE HEARING MINUTES FOR OCTOBER 12, 2004
(Note: Ms. Moermond recommends denying the appeal on the Deficiency Listed dated
September 27, 2004.)
The hearing was adjoumed at 12:40 p.m
�
Page 12
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