08-1248Council File # b� - �
Green Sheet# 3062015
Presented by
RESOLUTION
SAINT,,�AUL, MINNESOTA
/�
1 WHEREAS, on September 17, 2008, the City Council of the City of Saint Paul adopted Council File #08-
2 1075, said Resolution being the Memorialization of an Appeal to a Certificate of Occupancy Revocation,
3 which includes Condemnation, for properiy at 1446 Minnehaha Avenue West; and
4
5 WHEREAS, the Legislative Hearing Officer recommended denying the appeal and granring an extension
6 to October 31, 2008 and June 15, 2009; and
WHEREAS, the Legislative Hearing as now recommending granting an additional extension far the owner
to complete exterior painting of the house.
10
ll THEREFORE, BE IT RESOLVED, that an extension is hereby granted to June 15, 2009 for completion of
12 the exterior painting; and
13
14 BE IT FURTHER RESOLVED, that Council File #08-1075 is hereby amended to reflect this change.
Yeas Nays Absent
Bosffom �/'�
Carter �/
Harris �/
Helgen /
Lanhy �
Stazk ,/
Thune ,/
Adopted by Council: Aate �f�/��/j�
Adoption Certi�fie�d Co� il Secretary
BY� .��//11Jds/ //�%�,Sf�2
Approv , y ay Date �N ( ��
By:
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Requested by Department oE
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Form Approved by City Attomey
�
Form Approved by Mayor for Submission to Council
B}�:
� Green Sheet Green Sheet
Green Sheet Green Sheet Green Sheet Green Sheet
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DepartmentlOffice/Councii: , Date tnRiated: w � v � �
; co-�°°°p� 4 3,-o�T-os Green Sheet NO: 3062015
I � DeoartmeM SeMTOPerson InitiaWate i
1 ConWct Person & Phone: �
Marcia U ,Cooncil 0 I
� 1 �Council . DepartlnentD3rec[or
� Assign 2 ICitV Clerk �---� {
! Must Be on Council Agenda by (Date): � Number 3 i
� � For �
Routing i 4 I�
I p o � . T RESOLUTION Order 5 i —� I
E-DocumentRequiretl: Y
Document Contact: Mai
GonWCt Phone:
ToWI # of Signature Pages _(qip All Locations for Signature)
Action Requested:
Resolution amending CF. #OS-1075, memorializarion of an appeal to a Certificate of Occupancy Revociation, for proeprty at 1446
Minnehaha Avenue West.
Recommendatio�s: Approve (A) or Reject (R)' Personal5ervice Contracts Must Answer the Following Questions:
Planning Commission 1, Has Ihis person�rtn ever worked under a contract for this departmenY?
CIB Committee Yes No
Civil Service Commission 2. Has this persoNfirm ever been a city employee?
Yes No
3. �oes this person�rm 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.
Initiating Problem, Issues, Oppodunity (Who, What, When, Where, Why):
AdvanWges If P.pproved:
Disadvantages If Approved:
Disadvantages If Not Approv¢d:
ToWI Attwunt of
Trensaction: CosURevenue Budgeted:
Funtling Source: Activity Number;
Financial Information:
(E�cplainJ
October 31, 2005 8:46 AM Page 1
Coancil File # �' ��7�
Green SLeet # 3059678
RESOLUTtON
OF
AAUL, ►�tifi�i3�SD�'A
Preserned
ID
08-12-�g
1$E I'I` RESQLV�D, that ihe Council of the City of Saint Paul, based on a review of the Iegislarive
2 hearing record and tesfimany heazd af public hearing on September 17, 2008 hereby memorializes its
3 decision to certify and agprove the September 2, 2008 decision of the Legislative Hearing O�cer for the
� following address:
6 ADDIiESS
7
S 144b Minnehaha Avenue West
9
Al'ELLANT
Mitchell Berg
10 Decision: Appeai denied and extensions granted to October 31, 20Q8 and June 15, 2009.
Requested by Departtnent af:
Adopred by Council: Date \ (7 --\— �Q('`j�
AdogiiatrCeRified p� il Se� tazy
By:
Appro e o� Aate �
sr: ���Oy �,�
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Form Approved by City Attorney
By:
Form Approved by Mayor for Submission to Council
By;
� 2-1 ��g
September 2, 2008 Legislative Hearing Minutes � p,,� �� Page 7
UO
3. Appeai of Mitchell Berg to a Certificate af Occupancy Revocation, which inciudes
Condemvation, for propem� at 1446 Minnehaha Avenue VJest.
Appellant Mitchell Bezg appeared.
Ms. Maermond staied that, based upon her reading of the file and information from �ity staff that
Mr. Berg has contacted, it is her impression that Mr. Berg's primary concern is avai3ing the
registered vacant Building Pragra�n.
Mr. Berg stafed that his goal during the hearing was to have the condemnatioa and order to vacate
lifted in order to avoid #he registered vacant building program.
Ms. Moezmond clarified that the condemnation in this case is a public safety condemnation and not
an eminent domaui condemnation.
NIr. Essling stated that police were called to the property on August 26 on a report of a missing
pezson. Police cal}ed an inspector who Paund unsanitary and hazardous canditions and condemned
tha house with an irrunediate order to vacate. The inspector was not able to do a compiete
inspecfion due to the hazardous conditions in the house. Mr. Berg and the inspector aze meeting at
the property at 1:00 today (September 2) to complete the inspeCcion and review the violatians,
Mr. Berg stated that he is a single father with ivro chiIdren, one of whom has been diagnosed with
oppositional defiance disorder. The son with ODD has vandalized and desYroyed many azeas and
items in the honse. Until recendy, Mr. $erg had a mortgage that made it financially impossible for
him to keep up with maintenance on the house. The mortgage has been morlified and is now more
manageab2e. Nir. Berg does not deny the findings of the inspection and stated that, with the help of
neighbors, he has corrected alI of the primary violations with ihe exception of the broken windows
attd kitchen ule. He stated that there were items in the attic that belonged to his ex-wife and that he
guessed wonld eventually need to be cleaned up. He stated that his children were staying with their
mother but that situation was "dicey;" k�e asked that he and his children be ailowed back into the
house and that he be given more time to compfete the repair of the windows, kitchen floor and attic
ctean-up.
Ms. Moermond asked Mr. I3erg wheiher he had berls for the children. Mr. Berg stated that he had a
mattress for his daughYer and was working on getting a frame. He said that his son wouId continue
to stap with his ex-wife, but that he was looking for a mattress and frama £or him too.
Ms. Moermond recommended conditiona� occupancy with staggered deadtines for completion of
the remaining items. She reminded Mr. Berg that her decisions today might need to be madified
based upon the outcome of Che 1:00 meeting with tke inspector. Ms. Moerxnond suggested
Halloween as the deadline to complete afl items in the inspection inctuding ttze windows, door
screens and porch floor.
Mr. Berg stated that completion by Halloween would be financially difficult, especialiy the eves
and soffits, and the porch floor, depending upon the e�tent of repairs required for the porch floor.
He stated that the porch floor boazds were "springy" and that the edges were frayed.
Ms. Moermond and Mr. Essling suggested that Mr. Berg discuss the porch floor repairs with the
t����`�`�
September 2, 2608 Legislative Heariag Minutes Page 8
inspector to determine the minimuzn zepair required.
b8'Ib7S
N�s. Moermond asked about Mr. Bergs future ftnanciai situation and his ability to complete repairs.
Mr. Berg stafed that he would be getting a bonus from work and a tas refvnd.
?vls. Moertnond recommended an October 3I, 2Q08 deadIine far everything except the eves and
saffits, and a 7uue I5, 2009 deadline far those two items. She reiterated that her recommendations
were subject to change based on the oatcome of today's inspecfion.
T'i�e hearing was adjourned at I2:00 p.m.