08-1293Council File #
Green Sheet # 30628 5
Presented by
RESOLUTION
SAIN�PAUL, MINNESOTA g
1 BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative
2 hearing record and testimony heard at public hearing on November 5, 2008 hereby memorializes its
3 decision to certify and approve the October 14, 2008 decision of the Legislative Hearing Officer for the
4 following address:
5
6 ADDRESS
8 435 Frv Street
9
APELLANT
Tovah Flygare, SMRLS
o/b/o Shana Williams
10
11 Decision: Appeal denied and extension granted to October 17, 2008 to restore gas service to the property,
12 and granting an extension to November 13, 2008 to complete the repairs on the C of O Deficiency List.
Requested by Department of.
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Form Approved by City Attorney
By:
Adoption Certified by Council Secretary
By: �
Approv by y: Date t� Z- cj O �
By:
Form Approved by Mayor for Submission to Council
By:
Adopted by Council: Date %���?G�j1�
� Green Sheet Green Sheet
Green Sheet Green Sheet Green Sheet Green Sheet
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DepartmenUOfficelCouncil: Date Initiated: � � `^ � '� " �
co-Ooano�� o6-NO�-0B Green Sheet NO: 3062875
ConWCt Person & Phone: Department Sent To Person InitiallDate
Marcia Moermond o oonci� �
68570 1 ooncil De artment Director
�� 2 ' Clerk C5 G7erk
Must Be on Council Agenda by (Date): Number 3 �
For 4 - 4
Routing
Doc.Type:RESOLUTION Order 5 �
E-Document Required: Y
Document Contact: Mai Vang
ContaM Phone: 6-8563
ToWI # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Resolution memorializing City Council action taken November 5, 2008 denying the appeal and extension granted to October 17,
2008 to restore gas service to the properiy, and granting an extension to November 13, 2008 to complete the repairs on the C of O
Deficiency List for properiy at 435 Fry Sheet, per the recommendation of the Legislative Hearing Officer.
Recommendations: Approve (A) or Reject (R)� Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a ciry employee?
Yes No
3. Does this person/firm possess a skill nof normally possessed by any
current ciry employee?
Yes No
Explain ali yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
DisadvanWges If Approved:
DisadvanWges If NotApproved:
Total Amount of
Transaction: Cost/Revenue Budgeted:
Funding Source: Activity Number:
Financial Infortnation:
(Explain)
i_
November 6, 2008 3:40 PM Page 1
Frnm:Southern MN Regional Legal Ser 6512916457
10/1�l20�8 11:42 #957 P.002/UU3
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1
APP�.,ICATION FOR APPEAL
Saint Paul City Clesk �
15 W. Kellogg Blvd., 310 City T-Iall
Saint Paul, Minnesata 55 i02
Telephone: (651) 266-$688
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Appealed: � 2. Number of
3. paze of T.etter A
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4. Name of Owaer: �°�u'�" �- �*"� t-
Address: �l �"� �v Mw�c� - �cvt.• Cx� :�State: tu-� Zip: SS O�
Phone Numbers: Business l Residence ��- 2`6�`DZZ�Cellulaz �5/-Z3a-S3 5
Signature:
5. Appellant / Applicant (if other tkan owner): �� l' S �� ��` �'` 1!"
Address: ��5 F� 5�= City: C i"f` �ws I Stxte: l� ll� Zip: �!o Y
. Phane Numbers: Business Residence �ll��
SP�LS LS!-Z3 - S8�
Signatrare:_ "�— ��""`� �alfi�t Fl.�a�o..-c Q� Sl..,,. w�t(�..�.s ct .tii �.
b State specificatly what is being appealed and why (Use an attachment if necessary):
9��.�.5� s� � .� �-
NO'S'E: A$25.06 fiIing fee made payable to the Ciry of Saint Paul must accompany tkus application as a
necessary condition for fili�ag. You must attach a copy of the originat orders aad any oWer coirespondence telai3ve
to this appeal. Any person unsatisfied by the final decisiou of the Ciry Council may obtaizx judicial teview by
timely filing oF an action a5 jsrovided by Iaw in DisixiCY Court.
For Office IJse Onl
Date Received: Fee Received: Receipt �TUmber: Date of Hearing:
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From:Snuthern MN Regional Legal Ser 6512976457 10/14/2�08 11:42 #957 P.003/0�3
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Attachment City of St. Pau1.A.pplication for Appeal fox �135 Fry Street
F�earing 10.14.2008,13Q PM
On September 9, 2008 owner, Robert L. Anderson was noti�ied of repair issues at
his rental property on 435 Pxy Street including restorarion of gas and/or electrical
services. Mr. Andexson tivas informed that a re-inspection would take place an October 9,
2008.
On October 9, 2008 Southem Minnesota Regional Legal Sez�vices (SMRI,S) was
contacted regax�ding a condemnaxion of 435 Fry Street. SMRI,S cozifirived with the CiSy
of St. Paul Fixe Inspection bepartment that Yhis condemnation was due to lack of heat to
the building.
SIvIRLS confinned with Xcel Energy that electrical services had not been
disconnected. SMI2LS initiated an emergency tenant zezziedies action (ETRA.) to restore
gas to the building and to pay the outstanding watex bill to avoid water shut-off via usage
of the St. Paul City Administrator fiznd as approved by Peg Fuller on October 10, 2008.
Judge Lindmazz of Raznsey County si�ned tkxe proposed ETRA on October 13, ZOd8 to
cover bOtYz the gas bill and the outstanding water bill for this building.
SIvIRLS asks on behalf o£tenants of 435 Fry that the condemnation be lifted for
this properiy.
DEPARTMENT OF SAFETY A1VD INSPECITONS
Fire Inspection Div�sion
Ro6ertKessler, Director
CTTY OF SAINT PAUL
Christopher B. Coleman, Mayor
October 10, 2008
ROBERT & VENITA ANDERSON
574 SUNIMIT AVE
ST PAUL _NN 55102
435 FRY ST
Ref. # 17263
Dear Property Representative:
Your building was inspected on October 10, 2Q08.
100 Eost 11`� Street Telwhone: 671-228-6230
SaintPaul, MNS�IOi
The building was found to be unsafe, unfit foz human habitation, a public nuisance, a hazard to the public
weifare or otherwise dangerous to human life. A Condemnation Placard has been posted on the buiiding.
The following deficiency list must be completed immediately or the building vacated.
A reinspection will be made on October 13, 2008 at 12:00 p.m.
CONDEVINATION OF THE BUILDING REVOKES THE FIRE CERTIFICATE OF OCCUPANCY.
Failure to complete the corrections may result in a criminal citation. The Saint Paui Legislative Code requires
that no building be occupied without a Fire Certificate of Occupancy.
DEFICIENCY LiST .
2.
4.
Basement - SPLC 3414 (2), 3434 (5) - Provide an approved electrical service adequate to meet the
buildings needs. This work may require a permit(s), ca11 DSI at (651) 266-9090.-Contact Excel Energy
to restore elech service to basement.
Basement - SPLC 3412 (2), 3435 (1) - Repair and maintain all required and supplied equipment in an
operative and safe condition.-Restore natural gas service to all areas of the building.
Entire Building - SPLC 34.23, MSFC 110.1 - This occupancy is condemned as un�t for human
habitation. This occupancy must not be used until re-inspected and a�proved by this office.-This
buildiug is condemned as lacking basic facilities. This unit must be vacated by October 13, 2008 at
12:00 noon.
Entire Building - SPLC 34.11 (6) - Provide and maintain a minimum of 68 de�rees F in all habitable
rooms at all times. - TNIMEDIATELY restore heat to building.
5. Front Enhy - SPLC 34.09 (3), 3432 (3) - Repair and maintain the door in good condition. ��� ��
6. SPLC 34.11 (6), 3434 (3) - Provide service of heatin� facility by a licensed contractor which must
include a cazbon monoxide test. Submit a completed copy of the Saint Paul Fire Marshal's Existing Fuel
Burning Equipment Safety Test Report to this office.
SPLC 3419 - Provide access to the inspector to all areas of the building.
8. SPLC 39.02(c) - Complete and si� the provided smoke detector affidavit and retum it to this office.
You have the right to appeal these orders to the Leb siative Hearing Officer. Applications for appeals may be
obtained at the City Clerks Office, Room 310, (651-266-8688), and must be filed within 10 days of the date of
the original orders.
If you have any questions, you may contact me at 651-265-6907.
Sincerely,
Mitchell Imbertson
Fue Inspection
Ref. # 17263
cc: Force Unit
cc: District Council
....
�»,93
MINi JTES OF THE LEGISLATIVE HEARING
ORDERS TO REMOVE/REPAIR, CONDENINATIONS,
ABATEMENT ASSESSMENTS AND ABATEMENT ORDERS
Tuesday, October 14, 2008
Room 330 City Hall, 15 Kellogg Blvd. West
Marcia Moermond, Legislative Hearing Officer
The hearing was called to order at 1:35 p.m.
STAFF PRESENT: Leanna Shaff, Deparhnent of Safety and Inspection (DSn — Fire; and Mai
Vang, City Council Offices
Appeal of Tovah Flygare, SMRLS, on behalf of Shana Williams, on a Condemnation
and Order to Vacate for property at 435 Frv Street.
Tovah Flygare, Southern Minnesota Regional Legal Services (SMRLS), appeared on behalf of
appellant, Shana Williams.
Ms. Moermond requested a staff report. Ms. Shaff stated that her office had received a referral
from Xcel on September 4, 2008 of discontinued gas and/or electric service to the basement of the
property. She said that the basement was a common area and contained the controls for the water
and the boiler. An inspector had confumed that there was no gas service to the property and had
issued condemnation orders. To date, the gas was still off but there were space heaters in use in all
units. SMRLS had completed an emergency tenant remedies action (ETRA) for the outstanding
gas and water bills and that gas service would be reinstated within 24 to 48 hours.
Ms. Moermond asked what the status of the property was. Ms. Flygare stated that the property was
in the redemption period of the foreclosure process. She presented a copy of the TRA and said that
it would cover the water through February and the gas at least through April 15. She stated that the
landlord had been responsible for providing utility service and that he had attended the TRA hearing
and had not contested anything. She said that SMRLS was prepared to address other issues with
the property if and when they arose.
Ms. Moermond asked about the condition of the front door. Ms. Flygare stated that the front door
had not been the issue leading to the condemnation and that SMRLS would be addressing all of the
items listed on the inspection report.
Ms. Moermond expressed concern about reinstating gas service without having the boiler inspected.
She recommended that a wark plan be developed to prioritize the items. Ms. Flygaze stated that the
items not addressed in the TRA would be addressed before the housing court hearing in two weeks.
Ms. Moermond asked when the last full certificate of occupancy inspection (C of O) had been
completed on the property. Ms. Flygare responded that her records indicated that a C of O had been
completed 13 months ago.
Ms. Moermond stated that the records indicated a history of garbage problems and she
recommended that SMRLS address the issue of adequate garbage service as well. She stated that
she would extend the deadline until the end of the business day on October 17 for reinstating gas
October 14, 2008 Legislative Hearing Minutes 435 Fry Street �
�
service, that a licensed contractor inspect the boiler, and the repair of the front door should also be
priorities. Ms. Flygare stated that those items would be addressed in the TRA.
Ms. Moermond asked what actions Fire would require for the property. Ms. Shaff asked for full
access to the property and a complete C of O be done within 30 days. Ms. Flygare stated that it
would be helpful to have the C of O report for the hearing in two weeks. Ms. Shaff stated that she
would try to schedule the C of O inspection with two weeks.
Ms. Moermond said that she would recommend a thirty day extension far the items on the list other
than the gas service, in addition to whatever Fire would require after the C of O inspection. She
recommended that SMRI.S be proactive in developing a contingency plan for the tenants in the case
of heating failure during the winter.
The hearing adjourned at 2:05 p.m.
Submitted by:
Katie Burger