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09-10Council File # 09' /Q Green Sheet# 3064979 1 2 3 4 5 6 7 8 9 10 RESOLUTION 9,INT PAUL, MINNESOTA Presented by �� BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative hearing record and testimony heazd at public hearing on December 3, 2008 hereby memorializes its decision to certify and approve November 18, 2008 decision of the Legislative Hearing Off3cer for the following address: ADDRESS 718 Magnolia Avenue East APELLANT Donald & Sandra Herke Decision: Appeal granted. Carter Requested by Department of: � Stark Thune Form Approved by City Attomey By: Adopted by Council: Date Adoption Certified by Council Secretary B _ .. Approved a o� Date j/tp By: Form Approved by Mayor for Submission to Council � C� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet r�y�! � � Department/0fficelCouncil: Date Initiated: co-�°°°�� 08-DEG08 Green Sheet NO: 3064979 Contact Person 8 Phone: Uepartment Sent To Person InitiaVDate Marcia Moermond � o oonca 0 fY85�0 1 000c� De artmentDirector �� 2 ' Clerk Ci Clerk Must Be on Council Agenda by (Date): Number 3 0 For 4 0 Routing Doc.Type:RESOLUTION Ortler 5 0 E-Document Required: Y Document Contact: Mai Vang Contact Phone: 6-8563 Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Resolution memorializing City Council action taken December 3, 2008 granting the appeal for property at 718 Magnolia Avenue East, per the recommendation of the Legisla[ive Hearing Officer. Recommendations: Approve (A) or Reject (R): Personal Service Controcts Must Answer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contrad for 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/firtn possess a skill not normally possessed by any cur�ent city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: DisadvanWges If Approved: Disadvanpges If Not Approved: Total Amount of - Trensaction: CosVRevenue Budgeted: Funding Source: P.ctivity Number: Finan cial I nformation: (Explain) December 8, 2005 928 AM Page 1 N7 CItY ae 4 � e mm�m '• .�,� �V� November 14, 2008 Donald & Sandra Herke 3474 N. Chatsworth Street Shoreview, MN 55126 RE: 718 Magnolia Ave. E Dear Mr. & Mrs. Herke: CITY OF SAINT PAUL CITY CLERK'S OFFICE Your application for an appeal has been received and processed. pq-10 Please attend the public hearing before the Legislative Hearing Officer on Tuesday, November 18, 2008 at 11:00 a.m. in Room 330 City Hall and Courthouse to consider your appeal concerning the above referenced property. At that time the Legislative Hearing Officer will hear ail parties relative to this action. Failure to appear at the hearing may result in denial of your appeal. Sincerely, �� Shari Moore City Clerk � �� cc: Phil Owens, DSI (Fire) Leanna Shaff, DSI (Fire) Marcia Moermond, Legislative Hearing O�cer Jerry Hendrickson, Deputy City Attorney 154VESTKELLOGGBOULEVARD,SUTTE310 SAINTPAUI,MINNESOTA55102 Te1:651-266-8688 Fax:651-2668574 www.stpaul.gov AA-ADA-EEO Employer p q�l 0 APPLICATION FOR APPEAL Saint Paul City Clerk 15 W. Kellogg Blvd., 310 City Hall Saint Paul, Minnesota 55102 Telephone: (651) 266-8688 1. Address of Property being Appealed: � � � m�4�r�.v-� .�_� 2. Number of Dwelling Units: 4. Name of Owner: �s'�0.-\� a--S`� r� � �'�`�e� �o� �Fi�� C/�y, 8 3. Date of Letter Appealed: l�v'�l s� 21�0� Address: 3`�7` (v �0.#Sww�l-�^�City:�l�ore.w _State: mrJ Zip:s�_� Phone Numbers: Business lo tl `�� Residence`�� 4 �� 5 Cellular �°St q� �` Signature: ��°�-�" q�- 5. Appellant / Applicant (if other than owner): Address: Phone Numbers: Business City: State: Residence Cellular 6 State specifically what is being appealed and why (Use an attachment if necessary): � e�2�� .S � `��R= c�<�_�.Q YYl-e�i'�-e.r� v- v � � � +�9� �e-fn-��.5 �i�L 1 s�Xl�.f `�'�, �1�-�c'�2� � � � � NL \ �\ � '� Y a o \` � �� \`' � �T� � S \ �� `� ' c4 w \2.�c ��en �+ lu-t��e.,� o��+ NOTE: A$25.00 61ing fee made payabie to the Cizy of Saint Paul must accompany this application as a necessary condition for filing. You must attach a copy of the original orders and any other correspondence relarive to this appeal. Any person unsatisfied by tt�e final decision of the City Council may obtain judicial review by timely filing of an acuon as provided by law in Dish-ict Court. Date Received: For O ffice Use Only ' Fee Received: Receipt Number: �- a�'��U�a 3d�b0 � of Hearing: pf�- �� 1�=4D DEPARTMEN7' OF JAFH7'Y ANll INSYhC'I'IUNS Fire Inspection Division Robert Kersler, Director a9�Ib crrY oF san�rr pau1. Christopher B. Coleman, Mayor 375JacksonStreel,Suite220 Telephone:651-2669090 Saint Pau(, MN55101-1806 November 5, 2008 DONALD P FIERKE Sandra Herke 3474 CHATSWORTH ST N SHOREVIEW MN 55126-8007 718 MAGNOLIA AVE E Re£ n ;'v'794U Dear Property Representative: Your building was inspected on November 5, 2008. The building was found to be unsafe, unfit for human habitation, a public nuisance, a hazard to the public welfare or othercvise dangerous to human life. A Condemnation Placard has been posted on the building. The following deficiency list must be oompleted immediately or the building vacated. CONDEMNATION OF THE BUILDING REVOKES THE FIRE CERTIFICATE OF OCCUPANCY. Failure to complete the conections may result in a criminal citarion. The Saint Paul Legislative Code requires that no building be occupied without a Fire Certificate of Occupancy. DEFICIENCY LIST 1. 718 Magnolia E- SPLC 34.23, MSFC 1101 - This occupancy is condemned as unsafe or dangerous. This occupancy must not be used until re-inspected and approved by this office. 2. 718 Magnolia E- MFGC 406.52 - Immediately repair or replace the leaking fuel equipment piping. This work mav require a permitts). Call DSI at (651) 266-4090. 3. SPLC 34.21 (6), 34.34 (3) - Provide service of heating facility by a licensed contractor which must include a cazbon mono�cide test. Submit a completed copy of the Saint Paul Fire Marshal's Existing Fuel Buming Equipment Safety Test Report to this office. 4. SPLC 39.02(c) - Complete and sign the provided smoke detector affidavit and return it to this office. Yon have the right to appeal these orders to the I.egislative Hearing Officer. Applications for appeals may be obtamed 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 651-266-8983. DG�' �D Sincerely, James Thomas Fire Inspector Ref. # 101940 cc: Force Unit cc: District Coimcil 11/14lLbbC 14:15 b51Lb�3tl51 SI NAUL Fll 1NVESTIG PAGE 01 �/ — — MM DD yYYX � ❑�i«< � D Zlo zu rn ld r� oa� �� 08-0030d50 � 000 �� 1 * 'k � 9tatlon Ir.cl6en[ N�m..'-e: * �Yp�vure * Ao Attavs:y ❑�•-t ent¢ Ooz ce vna��pe c�ae cpc �tlenai �pp cnia lr<tMnt +. pv=n4a w ane Mfad:.ne vy�. 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Pix:: Nma Y.I U:C N�.¢ SuSGx mccdent loce2i:a. � � I I� ' I Then ekip ebe eSce¢ � U dupiicana a2Grazz x�pez Pxe!1k ��reet u X�ShvaY s_reer. :ype 9ui{:s 11:,85. i i u i � Pcsi 0.L•Ga Yax ��0./SU1L6/ROCm ,^,yty u � �—u scece �_P ._oy� �MOre peopla involwd7 Ch�aL tnie bofc u+6 aiieei+ 9upp2eLaeal Fome (N82RS-18) m n�oee9nzy 'j � Sec�e as pereoa :nvolv¢a? xLen cn¢�r ti.:s Loz an0 sklg I I �� - L_, �� :fB i85C O[ t.:15 SBC210[i. Loeal Dy[SOe 8L6S.iQ66 fi]AC (�C xppl!cmie� Area CeB.e PIlOne Numbet I O Gh�ek phae box if aam¢ ua�lefe9 aa vnaaanp npcetaon. xncn axip tne three CUptlCaCe aOGrese llit¢4 u � CL..Ye., Mze. FSSCC Name I MLOLGI I PLeI1x SSC6 ¢c nr t I I Po¢C OLl1�8 Epx u � �-u Stete Zln CoGa u � N.I Lacc Nane u � aFC-/su=ca/aoo�+ G1tY � u su«,. 5[eee� butCiZ L Remarka Loeal aBe:on GAS LEAK AT METER- VPE SHUT OEF VALVE AND MONITORED OUTSIDE AND INSIDE RESID�NCE AFSER WE FORCED ENTRY. XCEL GAS NOTIFTED AS WELL AS VACANT BUILDINGS. Authorisation �9730 Os:acec An c64cac ID � LECUYER, FLOYD F � � 150 � � C3 � � 11 I 09 2008 I Svanacure Posvtion oz zu�x .�.ee_geimene Nanen Dny Yegr �„`; � � 9730 � �LECUYER, FLOYD F � � 150 �� C3 � L1J U 2008 I as m Otsacer ��= maklr�4 xe6oxC SD Siqnaeuce Roexevon o� renk raavemuens xencn oay xaa� w.�_ Se1nC Peu1 Far< Deperrment 62210 11/04/2008 OB-0030950 November 18, 2008 Legislative Hearing Minutes �(��j D Page 7 2. Appeal of Donald and Sandra Herke to a Certificate of Occupancy Revocation, which includes Condemnation, for property at 718 Ma¢nolia Avenue East. Donald and Sandra Herke, appellants, appeazed. Ms. Shaff stated that a complaint was received on November 4 of a gas leak at the property. She explained that due to data privacy, she could not reveal the name of the complainant. Accarding to the report from Captain Floyd Lecuyer, a call was received at 11:21 a.m. and the crew arrived at 11:25 am. They found a gas leak at the meter and turned off the valve. They also forced entry into the building to check for further gas leaks and found none. According to the report, Xcel and Vacant Buildings was contacted conceming the gas shut off. The property was referred to Inspector Thomas to order the building condemned for the gas being tumed off due to the leak. When he was at the property, the neighbors told him that the property had been vacant for some time. According to the inspector, Xcel locked the meter and as of today's date, the gas had not been restored. Mr. Herke presented a written statement which is attached and made a part of these minutes. He claimed that it was correct that the gas had been turned off and when they forced entry into the house, they opened a window and left it open when they left. He could not understand why they would leave the house open to entry for vandals to get in or to adverse weather conditions. Mrs. Herke stated that they had a tenant who was on Section 8 who lived at their property for over three years. She claimed that the tenant moved out on October 14 and she had been at the property every day cleaning and painting. She said that she never smelled any gas and did not believe that there was any leak. Mr. Herke said that he contacted Xcel and requested they inspect the house for a gas leak and found no evidence of a leak. He also contacted a licensed heating contractor who came out and said that they could find no gas leaks. Mr. Herke said that they had a similar incident in May, 2007 where Inspector Thomas condemned the property due to the smell of gas which was later found to be unwarranted. He said that they had a tenant ready to move in on December 1 st and needed to have the condemnation be lifted and the certificate of occupancy re-instated. He also said they felt victimized by the inspector and requested that a different inspector be assigned to the property. Ms. Moermond asked Ms. Shaff whether she had any communication from Xcel as to whether the gas had been restored at the property. Ms. Shaff responded that Xcel had not contacted them concerning the gas being restored. Ms. Moermond stated that her decision was forthcoming. She requested Mai contact the Fire Caption to get more information concerning the action that was taken at the property and to contact Xcel concerning the gas leak and whether the gas had been restored. She said that this will be scheduled for Council Public Hearing on December 3. pq�lb Topic: Condemnation of home by inspector James Thomas based upon a alleged gas leak Property address: 718 Magnolia, St Paul Minnesota. Owners: Don and Sandy Herke. Case inspector: James Thomas (Department of Safety and Inspection} Chronology of events ll-04-08 Day 1: Inspector James Thomas called the fire department reporting that he smelled (natural) gas coming from the property at 718 Magnolia ave St Paul Minnesota. Fire department leaves message on our voice mail stating tbat there was a report of a gas leak at 718 magnolia and asks for perxnission to enter home. Properiy has been vacant for 2 weeks. New tenant scheduled for December l 11-04-08 Fire deparhnent responds and forces entrance into the house through kitchen window.. 11-04-08 Fire deparhnent instructs Xcel to lock off meter. Fire inspection report stated "Gas leak at meter" valve locked off. Xcel records of Nov. 4, state "no gas leak found." 11-04-08 Property is left unsecured with 36"x 48" kitchen window left full open allowing easy access for vandals and weather. Window screen broken and left on ground around side windows. Furnace is off as a result of gas being locked off at meter. In spite of the fact that that the fire department records state "leak at meter" and that Xcel found "No Leaks," the fire department orders gas meter "locked of£" James Thomas condemns 718 Magnolia and revokes occupancy permit, and lists the house as a public nuisance. J. Thomas leaves property unsecured and open to the weather with the heat off. 11-OS-08 Day 2: James Thomas creates a letter falsifying the date of the incident as 11-OS-08. Condexnnafion date incorrectly registered into State achieves as Nov. Sth 11-08-08 Day 4: (Saturday) Letter from James Thomas is delivered to home owner, stating and that he condemned the house, and revoked the occupancy permit because of "leaking fuel equipment pluxnbing." 11-09-08 Day 5(Sunday): Letter is opened by Sandy Herke 11-10-08 Day 6: Sandy Herke called J. Thomas to inquire about letter and details of gas leak. Thomas told Sandy that he smelled gas, that numerous leaks were found on the main level and in the basement, and that the dryer was one of the primary leaks. Sandy informed Thomas that there was no dryer or hookup in the house. Thomas then reiterated that the leaks must be repaired by a licensed contractor. Thomas stated that the contractor needed his (Thomas) permission to turn the gas back on. Sandy informed Thomas fhat our fenant for the last 3 yeazs and who moved out 14 days before had never complained of a"gas smell." Sandy also told Thomas that she was working in the house for 7 hours the day before, and smelled nothing, and suggested that perhaps he (Thomas) was smelling cleaning and paint fumes. James insisted pq�(D there was a gas leak in the basement and that she needed to hire a licensed plumber to repair the leaks, and said at that time that a permit "may be required" ll�l 1-08 Day 7: Sandy Herke called J. Thomas to tell him that she had talked to Perfection Heating (HVAC contractor) about the repair work. Veterans day, offices closed, gas remains off. Sandy left message. 11-11-08 Sandy Herke called Xcel and asked if they would come out and turn on gas and check for leaks. Xcel said that they needed permission from James Thomas. 11-11-08 Sandy called Perfecrion Heating to schedule work at Properiy. Receptionist at PH, tells Sandy the it would be several days before they can get to property. 11-12-08 Day 8: Wed. morning, Sandy talked with J. Thomas and said that she contacted Perfection Heating about the repair work. Sandy questioned Thomas specifically about the leak(s). Thomas said that the main leak was from the dryer, when Sandy repeated that there was no dryer or hook up in the house he became obstinate and then insisted that a permit now be pulled requiring his signature. Thomas now changes is story and tells Sandy that "a concerned citizen" called in about a gas leak. Thomas's condemnation letter stated that a permit may be required. Inspector Thomas now insisted that a permit must be pulled and that he wants the leaks repaired before he would give permission to have the gas turned back on. Perfection Heating insisted that they need the gas on to locate any leaks, and make repa�rs. Sandy asked J. Thomas for permission to have Xcel verify where the leak(s) was first. If the leak was external as the Fire department report suggest then this was an issue for Xcel that could be solved almost immediately. Sandy reminded Thomas that the house was getting colder every day and that we were concerned about the plumbing. Thomas said no, and insisted there were leaks inside the house, and reiterated that a licensed contractor would haue to hired, a permit pulled, he had to sign the permit, and that the leak would haue to be found before he would allow the gas to be restored. Later that day Sandy contacted "Perfection Heating" and was told that they would pull a permit but that it would take 24-48 hours since J. Thomas had to review and sign the permit personally, before the gas could be turned on. Since office hours for J. Thomas are only 730-9:00 am., Perfection Heating said that they could not start until the permit was pulled and Xcel had the gas valve unlocked. Sandy called J. Thomas back and told him that Perfection Heating insisted on having the gas valve accessible so they could locate any leaks using a sniffer. I:02 PM James Thomas left voice message on our home phone that he would not give pernussion unless a licensed contractor was at the site with Xcel with a his signed permit, and that the leak must be found before the gas was restored. 3:15 PM Don Herke called Leanne Shaff, J. Thomas's supervision, to ask for help in restoring the heat. Ms: Shaff is out of the office, but Don Herke explained situation and stressed urgency saying that 8 days had passed without heat. Ms: Shaff does not return phone call. 11-13-08 Day 9: With no return phone call from Thomas or Shaff, Don Herke out of b q�(b frustration calls J. Thomas in hopes of arriving at a more reasonable and timely solution. Don Herke first asks James Thomas for to explain what happened on Nov. 4�'. James Thomas told Don Herke over the phone the following 1) Statement: J. Thomas said that a"concerned citizen" reported a gas leak at 718 Magnolia on Nov. 5, 2008 and that numerous gas leaks were found by Xcel and the fire department originating from the basement of the properry. Don replied that Xcel energy and fire department records indicates that they responded to a service call on 11-04-08 the day before. Xcel did not enter the residence. Xcel records state that "No leak was found," Fire department records also show that the property was inspected on 11-04-08 the day before, but does not indicate that they entered the house.. Thomas insist that gas was found in the basement. 2) Thomas stated that one of the major leaks was from a Dryer located in the basement. Don asked how that could be possible since there is no Dryer or hookup in the basement. Thomas said the leak was in the basement 3) Thomas then said that he wasn't actually in the basement but that several leaks were found there by the fire department and Xcel. Don then repeated that the fire department has no record of being in the basement, and asked which story was correct. Thomas then agreed that the firemen never entered the basement. Don then stated that Xcel said that they never entered the basement or the house, and again asked which story was correct. Thomas then agreed that that no one was actually in the basement. 4.)Don then said that the Fire department records stated "leak found at meter," and that the Xcel report stated "no leaks found at properiy, and asked which story was correct his or the fire departments and Xcell. Thomas replied that there were many leaks that had to be repaired. Don Herke questioned the inconsistency of Thomas's statements and Mr. Thomas hung up on Mr: Herke. 8:(32) Don Herke then called Leanna Shaff (Thomas's supervisor) to discuss 830am conversation with inspector Thomas and to workout some reasonable solution to restoring heat the properiy with out going all of James Thomas's seemingly unreasonable requirements. Leanna said that there was nothing she could do, inspector Thomas was in charge. Shaff said that she was not interested in discussing the issues. Don explained that the house was freezing and that something needed to be done immediately, Leanne said that she could not help. Don H. brought to Ms: Shaffs attention that on May 25�', 2007 inspectar Thomas also called in a 911 gas emergency to the same properry. 4 Fire engines, and Xcel responded to the emergency ca1L Neither Xcel nor the fire department discovered any leaks on that day either. Our tenant at that tune did not notice any gas smell either. Ms. Shaff told Mr. Herke that "I don't care what happened 2 years ago." D. Herke ask if the City of St. Paul would pay for damages and unwarranted service work as a result of a mistake made by an inspector, and she said no. Ms. Shaff said that she was too busy to continue the conversation and hung up. 8:45 am D. Herke called Xcell to ask if they would look at the meter at 718 Magnolia. Xcel agreed and immediately issued a work order, and asked if b �� someone could meet them at the property (718 Magnolia}. Sandy Herke called Xcell field service and set up an appointment for early aftemoon, Xcel agreed to meet Sandy at property in 1 hour. 2:45 pm Sandy arrived at 718 Magnolia and found a note on the door that the meter had been checked out and that no leaks were found. Xcel Field service left a phone number to call for questions. Sandy called immediately. Xcel asked if Sandy could stay at the house and give them permission to enter. Sandy agreed and Xcel arrived at the house with in 10 minutes. 3:00 pm Xcel "sniffs" for gas leaks in the house including the basement and finds no leaks. Xcel offers to start the fitmace, light the stove and start the water heater. 3:15 pm Heat is restored to 718 Magnolia. 330 pm Xcel writes field service report stating that no leaks were found at meter or inside property. Advises Sandy to file a complaint. 11-14-08 8:OOam Sandy called city clerks office and exercises option to appeal condemnation order and revocation of occupancy permit. 11-14-08 1030am Don Herke called Xcel to confirui that no leaks were found at 718 Magnolia on 11-13-08. Xcel acknowledged "no leaks found" and said that they would inform the fire department immediately. 11-17-08 Xcel fiuxiishes Don Herke with letter confirming that on 11-04-08 Xcel responded to a gas emergency at 718 Magnolia and that no gas leak was found and that at the request of the Fire department the gas meter was locked off. Xcel field service was able to solve the problem in 30 minutes, discovering that there were no leaks, inside or out, and restored service and heat to the home. Had there been a leak, it could have be fixed the same day with little delay. It is my opinion that the labyrinth of requirements set forth by J. Thomas, were more for his ego and entertaimnent than based on the documented facts. Inspector Thomas has shown little concern for my property, the issues at hand, an little respect for my wife and I. His poor judgment, lack of integrity, prevarication of the facts, abuse of authority and disrespect for properiy owners, sets a poor example for city employees and creates animosity toward his departxnent. Sandy and I respectfully request that the city of St. Paul, restore our occupancy permit, and remove this property from Condemnation status as soon as possible. We have renters for December 1 and we have not been permitted to enter our home to paint and clean since Nov. 4�`. The loss of Decembers rent represents $1020 of loss salary for us. Base on James Thomas's false statements, irresponsibility, poor judgment, and seemingly vindictive nature, I respectfuily request that he not be allowed to inspect any property that we own in the future. Two false "gas leak" calls is enough. I also respectfully request that his work record be reviewed by an unbiased official and if warranted, disciplinary action be taken to prevent future abuse of his department authority, cost to the city from future false ca11s and possible cost of �q-l� litigation by victinvzed property owners. Comments: I would like to make it cleaz that I am very concemed about any report of a gas leak at my property. I reject in the strongest possible terms any accusation that I asn not cooperating with the City with regazds to safety. In addirion to the safety of the community, and property, I have the additional concern for damage to my property from freezing and possible vandalism from the building being left unsecured. Property damage such as freezing pipes, snow and rain entering the house or damage due to unsecured property and of course gas related damage, would fall to me first. � X��e�g�$ November 17, 2008 Don I3erl�e PO Bo� 131193 Rosc�-ille, MN 5�113 RE: 718 Magzaolia Ave E, St Paui, ?vJ1�T Dea: M;:. I�erke. '�'Bomas M. Felcc'n D � ✓� � C?aims Lrvestigator 4�4 �icollet NaI� 5 Flcor blinneapolis, vSinne;o� 55�01 Phoue:612125.4512 I have xesearched our xecoxds and have con�zszed that on 11 /4/2608 Xcel En��' �d respond to a gas eme= cy call at 718 Magtxolia Ave E in St Paul. Z'he f�e depaztment was at the scene. No gas leak �vas �und ar�d at the request of the fire departmeat tFze gas metes was shut ofz. �h�inas M. Felcpn CLzims Investigator 612-215-4512 �