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10-264Council File # � - ,�/.f Green S6eet # 3101056 Presented by 0 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 Mazch 3, 2010 hereby memorializes its decision to 3 certify and approve the February 2, 2010 decision of the Legislative Heazing Officer for the following 4 address: 5 6 ADDRESS APELLANT 7 8 1111 Fourth Street East Rick & Leanne Schoolmeesters 9 10 Decision: Appeal denied. Carter Bostrom Requested by Depanment of: � Form Approved by City Attomey By: Adopted by Council: Date 3 Adopvon Certified by Counc7 Secretary BY .� / /L/// G/ Approved a r: Date cJ 21— �<� By: RESOLUTION CITY OF SAINT PA1J�, MINNESOTA / ±= !�_ �� , Form Approved by Mayor for Submission to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sfieet � /0-�t�� DepaRmenVOffice/Council: Date Initiated: co-�°°�°° 05MAR2010 Green Sheet NO: 3101056 ConWM Person & Phone: Department SentToPerson InitiallDate Marcia Moertnond o ouncu � 6-8570 1 ouucil De arfinent D'vec[or ��g 2 ' Cierk Gl Clerk Must Be on Council Agenda by (Date): Numbe� 3 � For 4 0 Routing Doc. rype: RESOLUTION Order 5 �� E-DOCUmeat Reguired: Y Document Contact: Mai Vang Contact Phone: 68563 ToWI # of Signature Pages _(Clip All Lowtions for Signature) Action Requested: Resolutiou memorializing City Council action taken Mazch 3, 2010 denying the appeal for properiy a[ 1 I 11 Fourth Street East. Recommendations: Approve (A) or Reject (R)� Personal Service Contrects Must Answer the Following Questions: Planning Commission 1. Has this person(firm ever worked under a conlract for this depadment? CIB Committee Yes No Civil Service Commission 2. Has this persoNfirm 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): Advantages If Approved: Disadvantages If Approved: Disadvan W ges If Not Approved: Total Amount of Trensaction: Cost/Revenue Budgeted: Funding Source: Activity Number. Financial Information: (Explain) March 5, 2010 8:25 AM Page 1 lv�� t�� , �..�., � ��i' APPLICATION FOR A.PPEAL SaintPanI City Clerk 1� W. KeIIogg Blvd., 310 Ci� Hall Saint Paui, Minnesota �j 102 Telephone: (651) 266-8688 l. Address of Property being Appeaied: %l/ �� AN 2 5 7_p1� �F� t��:�� 2. Number of Awelling Um#s: I 3. Date of I.e,tter Appeal�d: �--25� - o« �- Name of Owner. �� E'G'/�>e' �b •�l�Gr�lcii��j�� Ad�ess: �r� � .�i' � ir — �� "L� �;�1—�z�� y f ��s �/ z�p:.`J 0�: Phone 5. AppellanT / Applicant (if' other than owner): ResidenceG�� "��`��1� Cellulaz Cit9� State: Phone Numbers: Business Cellulaz Residence 6 State specifically wha# is being appealed' and why (I3se an attachment if necessaty): ��/ ��- .3 �yhn S��Im��s �.�a�s 12`7� � I le� /�v� �� S� - �� w(, /��G1/ 3�3- ��Vt� � � � � � ce � `� -� � a �, y�g � ( � 2 a t� t vt�c.� �v� ��f cP 5 � � ie City of Saint Paul must accompanq this application as a i a copy of the original orders and any other correspondence reiahve inal decision of ths City Council may obtain judiciai review by i District Co�st. Eor O�f`ice Use On �� Reeeipt �"jar� Date of Heaiing: �1 ��i?1� lt DEPARTMENT OFSAFETY ANDINSPECTIONS Bob Kessler, Drrector �Q.� /., ! (Y CITY OF SAINT PAUL ChrislopherB. Coleman, Mayor December 22 2009 375 Jackson Sbeet, Su+te 220 SarntP¢uL MennesotaJJ101-1806 Code Compliance Report RICK SCHOOLMEESTERS 1719 ORANGE AVENUE EAST ST PAUL MN 5 5 1 06-23 1 4 Re: 1111 4th St E File#: 07 218681 VB3 Dear Property Owner: Telephone� 6�/-266-8989 Facs+mde 651-266-9l24 Web, www sloau( 2av/dsi The following is the Code Compliance report you requested on September 18, 2009. Please be advised that this report is accurate and correct as of the date December 22, 2009. All deficiencies identified by the City after this date must also be conected and all codes and ordinances must be complied with. This report is valid for 365 days from December 22, 2009. This report may be used in lieu of a Truth in Housing Report required in St Paul Legislative Code 189. This building must be properly secured and the property maintained at all times. In order to sell or reoccupy this property the following deficiencies must be corrected: BUILDING Insnector: Jim Seeger Phone• 651 266 9046 • Permanently secure top and bottom of support posts in an approved manner • Instail handrails and guardrails at a11 stairways, including basement stairways, and return handrail ends to the wall or newel post per attachment. • Provide complete storms and screens, in good repair for all door and window openings • Prepare and paint interiar and exterior as necessary. Observe necessary abatement procedure if lead base paint is present (See St Paul Legislative Code, Chap. 34 for additional information). • Install attic insulation according to applicable code • Air-seal and insulate attic access doar in an approved manner • Maintain 6 inches minimum clearance between wood and soil, sloped to drain away from foundation of dwelling. • Maintain 6 inches minimum clearance between wood and soil, sloped to drain away from foundation of garage. • Provide proper drainage around house to direct water away from foundation of house. • Install rain leaders to direct drainage away from foundation. An Eq�al Opporlunity Empioyer l�'�� Re: 1111 4th St E Page 2 BLTILDING Inspector: Jim See�er Phone• 651-266-9046 • Install address numbers visible from street and alley. • A building permit is required to correct the above deficiencies • Install ladder to code in basement window well. • Stucco work requires stucco permit for north side window fill in. • Insulate foundation to R-10 per code. ELECTRICAL Insaector: Jamie McNamara Phone• 651-266 9037 • Ground the electrical service to the water service with a copper conductor within 5 feet of the entrance point of the water service • Bond azound water meter with a copper wire sized for the electrical service per Article 250 of the NEC • Provide a complete circuit directary at service panel indicating location and use of all circuits • verifylinstall a separate 20 ampere laundry circuit and a separate 20 ampere kitchen appliance circuit • Replace non-GFCI receptacle in basement bathroom • Repair or Replace all broken, missing or loose light fixtures, switches and outlets, covers and plates • Check all outlets far pxoper polarity and verify ground on 3-prong outlets • Remove any 3-wire ungrounded outlets and replace with 2-wire or ground 3-wire to code • Install hard-wired, battery backup smoke detector per bulletin 80-1 and other smoke detectors as required by the II2C. Aiso, Install carbon monoxide detector(s) within 10 feet of all bedrooms • Remove and or/ re-wire all illegal, improper or hazardous wiring in garage • In basement rewire water heater to code. Install 15 amp breaker on #14 wire. Basement bathroom install window or exhaust fan. • All added receptacles must be grounded, tamper-resistant and be on an Arc-Fault Circuit Interrupter-protected circuit. • All electrical work must be done by a Minnesota-licensed electrical contractor under an electrical permit. • Any open walls or wails that are opened as part of this project must be wired to the standards of the 2008 NEC. • All buildings on the property must meet the St. Paul Property Maintenance Code (Bulletin 80-1). PLUMBING Inspector: Dennv Watters Phone• 651 266 9051 • Basement - Water Heater - Water piping incorrect leak at shutoff • Basement - Gas Piping - dryer gas connector incorrect. Also run dryer vent to code • Basement - 5oil and Waste Piping - improper connections, transitions, fittings or pipe usage • Basement - Stand Pipe - waste is incorrect • Basement - Lavatory - waste inconect at trap • Basement - Tub and Shower - provide stopper �� Re: 1111 4th St E Page 3 HEATING Insnector, Maureen Hanson Phone• 651-266-9043 • Clean and Orsat test fiu bumer. Check all controls for proper operation. Check fumace heat exchanger for leaks; provide documentation from a licensed contractor that the heating unit is safe. • Vent clothes dryer to code. • Provide adequate combustion air and support duct to code. • Provide support far gas lines to code. Plug, cap and/or remove all disconnected gas lines. Install proper dirt leg and union to gas main at existing regulator. • Provide appropriate size openable window in all bathrooms or prove approved bathroom exhaust fan is vented to the exterior (Ventilation permit maybe required). • Clean all supply and return ducts for warm air heating system. • Repair and/or replace hearing registers as necessary. • Provide heat in every habitable room and bathrooms including basement bathroom and bedroom. • Tnstall approved condensate trap at furnace and run condensate drain from A/C unit coil in basement to an approved location and secure as needed. • Mechanical GAS permit is required for the above work. ZONING l. This property is in a(n) R4 zonang district. 2. This property was inspected as a Single Family Dwelling. Notes• • See attachment for permit requirements and appeals procedure. • This property is designed by the Vacant Buildings Department as a Category #3 which requires a $5000.00 Performance Bond or Deposit at the rime the permit is issued. • Roof, sidewalks, etc. snow covered and could not be inspected, All must meet appropriate codes when completed. • There was considerable storage/clutter within properry at the time of the inspection. Property is to meet appropriate Codes when complete. • Intenor of garage not available for inspection. Repair per applicable codes. This is a registered vacant building. In order to sell or reoccupy this building, all deFiciencies listed on tttis code compliance report must be corrected witlun six (6) months of the date of this report. One (1) six-month time extension may be requested by the owner and will be considered if it can be shown that the code compliance work is proceeding and is more than fifty (50) percent complete in accordance with Legislative Code Section 33.03(fl. You may file an appeal to this notice by contacting the City Clerk's Office at 651-266-8688. Any appeal must be made in writing within 10 days of this notice. (You must submit a copy of this notice when you appeal, and pay a filing fee.) If you have any questions regarding this inspection report, please contact Jim Seeger between 730 - 9:00 AM at 651-266-8989 or leave a voice mail message. 3incerely, Jaines L. Seeger, Code Compliance Officer JLS:ml, Attachments DEPARTMENT OF SAFETY AND INSPECTIONS Robert Kessler, Dtrector /�-a�� CITY OF SAINT PAUL ChnstopherB Coleman, Mayor September 24, 2007 RICK SCHOOLMEESTERS Leanne Schoolmeesters 1719 ORANGB AVE E ST PAtJL MN 55106-2314 RE: 1111 4TH ST E Ref. # 100555 Dear Property Representative: Your building was inspected on September 24, 2007. 8& Fourth Stree; Suite 200 Telephoae. 657-266-9090 Saint Pau{ MN 55101 The building was found to be unsafe, unfit for human habitation, a public nuisance, a hazard to the public welfare or otherwise dangerous to human life. A Condemnation Placard has been posted on the building. The following deficiency list must be completed immediately or the building vacated. CONDEMNATION OF THE BUILDING REVOKES THE FIRE CERTIFICATE OF OCCUPANCY. Failure to complete the corrections may result in a criminal cifation. The Saint Paul Legislative Code requires that no building be occupied without a Fire Certificate of Occupancy. AEFICIENCY LIST 2. � 5. tku - SPLC 34.10 (7), 3433 (6) - Repair and maintain the floor in an approved manner.- eliminate water, and repair & refinish all water damaged areas caused by flooding or vacate unit by 8:00 am on 9-24-07. SPLC 39.02(c) - Complete and sign the provided smoke detector affidavit and return it to this office. Provide the inspectar with a completed and signed Residential Occupancy Affidavit. SPLC 34.09 (1) a, 3432 (1) a- Provide and maintain foundation elements to adequately support this building at all points. SPLC 34.11 (5), 3434 (2) - Contact a licensed contractor to repair or xeplace the water heatet. This work may require a perxniY(s). Ca11 DSI at (651) 266-9090. 6._ SPLC 34.14 (2), 3434 (5) - Provide an approved electrical service adequate to meet the buildings needs. Contact a licensed electrician to repair or replace the water damaged electrical system. This work will require a permit(s), call DSI at (651) 266-9090. f�-�� SPLC 34.23, MSFC 110.1 - This occupancy is condemned as unsafe or dangerous. This occupancy must not be used until re-inspected and approved by this office. You have the right to appeal these orders to the Legislative Hearing Officer. Applications for appeals may be obtained at the City Clerks Office, Room 31Q (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 651-228-6236. Sincerely, Michael Urmann Fire Inspector Ref. # 100555 cc: Force Unit cc: District Council January 26, 2010 Legislative Hearing Minutes /� :��/ � Page 3 t `7 6. Appeal of Rick and Leanne Schoolmeesters to a Code Compliance Inspection Report for property at 1ll 1 Fourth Street East. Rick Schoolmeesters (1719 Orange Avenue), appellant and property owner, appeared with his sister, Lynn Schoolmeesters Adams (1273 Allen Avenue, West St. Paul). Steve Magner, DSI — Vacant Buildings appeared on behalf of the department. Ms. Moermond stated that she had talked to Wazd 7, Ellen Biales, and undexstood Mr. Schoolmeesters had been working with her and found out some of Yhe history on his isues with this property. Mr. Schoolmeesters stated that he owned the property on Fourth Street ouri and only had to pay the taxes on the property. He currently was living on Orange and his mother was making the mortgage payments as he had been unemployed. He said he had recently found part-time employment through a friend as a property manager. Ms. Adams stated that the problem with the property was that it had flooded two or three years ago after there was a water main break and the sewer backed up into the basement. She said her brother did not have flood insurance and wasn't working at the tiine. Mr. Schoolmeesters interrupted and went on to say that when the sewer backed up, he was told by ciry officials that "they wexe going to help" and had put his tenants up in a hotel when it happened. He said he was given a"free" dumpster by the city and everything in the basement had to be gutted. Ms. Adams interrupted and said her brother had been working on the house a little at a time; he had installed a new fumace, hot water heater, replaced the sheetrock and as far as she was concerned, the code compliance list was just piddley stuff and he was penalized for not having permits. Mr. Schoolmeesters inten and said that when he had the code compliance inspection done, he had believed the cost of the inspection included payment of permits. Ms. Adams said that the city had indicated they were going to buy the properCy. Mr. Schoolmeesters said that when he talked to Kathy Lantry and Ellen Biales, they told him not to put any money into fixing the property as the city was going to buy it from him. Ms. Adams said that the house can't just sit there as it is and asked that the status be changed from a category 3 to a category 2 vacant building. Mr. Schoolmeesters said that he felt like he was "being buried and beat up by the city" with a huge stack of orders and bills that he had received but did not read. He said he was not too "book smart" and asked tus sister to help him. At one point, he had been offered $5,000 for the property after he had put in a new foundation and felt very ir�sulted by the offer, but could not recall who he had talked to. He claimed he maintained the lawn and yard and the city came in and took his construction materials that he was using to make xepairs to the house. He believed the house was in great shape now and said he had talked to Jim West after the work was done and Jim told him everything was fine; he believed everything had been signed off. He didn't believe the house should be considered condemned and vacant. Ms. Adams said she believed the house was an asset to the neighborhood, should be a regular house again and should not be bulldozed by the city. Ms. Moermond asked for a report from Mr. Magner. Mr. Magner stated that in May 2040, a perniit was pulled to move the house from 1667 Montana to ll 11 Fourth Street. The original house had been located in the Montana/Hoyt azea which homes had received substantial damage due to flooding in the area. In reviewing the records in STAMP, the only permit that was finalized was for moving the garage; the permit for moving the house was closed after one yeaz due to no activity. In 2007, the property had a C of O which was revoked on a condemnation due to unsafe and dangerous January 26, 2010 Legislative Hearing Minutes � O.`� tQ �'I' Page 4 conditions. The property was then refened to Vacant Buildings and a vacant building file was opened on December 13, 2007 as a category 3 vacant building. He said letters would have been sent to the property owner outlining the requirements of what would need to be done to bring the building up to code. There were numerous summary abatement orders which had been issued to the property which resulted in work orders. He said there were no permits for any of the work that had been done and Jim West, who had worked in Licensing, had retired some time ago. On January 22, 2010, Inspector Singerhouse and Officer Koehnen went to the property and found six people living there. One person, Melissa 7oy Peterson from Pine City, was arrested. She claimed that she was told by her mother that Rick Schoolmeesters said they could live there. He said there was also an inspection done on February 23, 2009 by Inspectors Singerhouse and Kalis and Officer Koehnen who found someone illegally occupying the property. According to the individual, he said he had been living there for the past two months and had paid rent to Rick Schoolmeesters. Officer Koehnen issued a tag to Mr. Schoolmeesters for illegal occupancy of a vacant building. Ms. Adams responded that Rick had hired Melissa's mother to clean the house; however, he never said anyone could live there. In 2009, Russell was a friend of the family and Rick told him he could live there as he didn't have any place else to live. Mr. Magner asked Mr. Schoolmeesters whether he was a licensed conh Mr. Schoolmeesters responded that he was not; however, he had many friends who were licensed who could help him with the work. He said he did not have the money to make all of the repairs that the city was asking him to do. Ms. Moermond stated that she had checked Ramsey County tax records and found that the property taxes were delinquent and over $2,700 was due and owing. She asked whether they understood that they could lose the property to taac forfeiture far non-payment of the taxes. Mr. Schoolmeesters responded that he could probably ask his mother for the money to pay the taxes. He again said all of his problems were because of the house being flooded. Ms. Moermond said that she would not give an answer at this hearing and continued the hearing to Febniary 2. February 2, 2010 Legislative Hearing Minutes � G ,��(� Page 10 6. Appeal of Rick and Leanne Schoolmeesters to a Code Compliance Inspection Report for property at 1111 Fourth Street East. (Continued from Jan. 26) Rick Schoolmeesters, appellant and property owner, appeared with his sister, Lynn Schoolmeesters Adams. Rich Singerhouse, DSI — Vacant Buildings, appeared on behalf of the department. Ms. Adams stated she wanted the building changed from a category 3 and the condemnation removed because the condition of the house was caused by the flood. She also asked that all the permit fees be waived. Ms. Moermond stated that the condemnation went back to 2007 and she would not hear it since it was so old. She said the building was still in bad shape and needed to be brought up to code before anyone could live in it again. She also expressed concern over the fact that none of the permits had ever been signed off. Mr. Singerhouse responded that this was correct; none of the permits had been signed off including when the house had been moved to this lot and there was concern over the foundation. He said the only permit that had been signed off was for moving the garage onto the property. Mr. Schoolmeesters again said that he had talked to Jim West who had told him everything was fine with the house so he thought it was okay. Ms. Moermond responded that he was not tracking on all of the letters fhe city had sent him and that a verbal okay on the permits was nat permissible. Mr. Singerhouse asked Mr. Schoolmeesters whether he had received the condemnation notice from Inspector Urmann in 2007 categorizing the building as a category 3. Mr. Schoolmeesters responded that he had not; however, his girlfriend at the time had called the city to confirm what needed to be done. All of the work had been done but he had not pulled any perniits. He said he found out that he needed to pull permits when he went to the Ward 7 Office for assistance. He asked that the permit fees be waived as he did not have the money. Mr. Singerhouse responded that in order to pull the permits, he would need to post the $5,000 performance bond and pay the vacant building fees. He would then have six months to make the repairs. In looking at STAMP, it appeared that no vacant building fees had ever been paid or assessed against the property. Ms. Moermond stated that the city did not want a vacant building in this bad a condirion especially for this length of time. 3he said there needed to be a conclusion as to what to do with the property. They had indicated they wanted to fix it themselves; however, they did not have the financial resources. They did have the option of selling it to someone such as a nonprofit who could make the repairs or the city could knock the building down. Ms. Adams again said that this was all due to the flood and the ciry said they would help. Now all the city wanted to do was bulldoze the building. This house was an asset to the neighborhood and was a completely good house. Ms. Moermond stated that she had contacted Michelle Vojacek in PED who indicated that she had talked to Mr. Schoolmeesters and Ms. Adams at great length as far as assistance which could be provided to them, February 2, 2010 Legislative Hearing Minutes � O,�� Page 11 Mr. Schoolmeesters responded that he didn't recall. He asked if he could go back and use the original building permit to do the work required on the code compliance report. Mr. Singerhouse responded that he could not as the system closed out the permits due to no activity in over one year. Ms. Moermond stated that there was also the issue of the property taxes being delinquent. She said they could also lose the house to tax forfeiture if the tases were not paid. Ms. Adams responded that their mothex could pay the taxes and that was not even a problem. She asked that they not be required to pay the vacant building fee. Mr. Singerhouse again stated that they would need to post the $5,000 performance bond, pay the vacant building fees and then they would be issued the permits. Ms. Moermond stated that she was unwilling to waive the vacant building fee. She again expressed concern that they did not have the financial wherewithal to bring the building into code compliance. She suggested Mr. Schoolmeesters talk to Sheri Pemberton in PED again to see if she could provide assistance. She said she would review the file and would make her recommendation by Wednesday, February 10. She scheduled a public hearing for February 17. �'LSTP pp� -; ;;, °s� CITY OF SAINT PAUL ° "' OFFICE OF THE CITY COUNCIL � nE��sm�� 5� ,� etsE $i?s Ir1 a� 310 CITY HALL ;� I S W EST KELLOGG BOULEV P,RD ��` ' 85• SAIVTPAUL. vIN 55702-161� EMAIL leeislafioehearinas�ci.stoaul.mn us PHONE: (651)266-5�60 FAX: (65I)266-8�74 February 10, 2010 Rick Schoolmeesters 1719 Orange Avenue East St. Paul, MN 55106 1�� Re: Appeal to a Code Compliance Inspection Report for property at 1111 Fourth Street East. Dear Mr. Schoolmeesters: This is to confirm with you that Marcia Moermond, the Legislative Heazing Officer, has recommended denying the appeal in the above-referenced matter. If you wish to contest her recominendation, the City Counoil Public Hearing is scheduled for Wednesday, February 17, 2010 at 5:30 p.m. in Room 300 Council Chambers. If you have further questions, you may contact me at 651-266-8563. Sincerely, Mai Vang, Pazalegal Legislative Heazing Officer a Steve Magnex, DSI-VB (email) Rich Singerhouse, DSI-VB (email) Lynn Schoolmeesters Adams, 1273 Al1en Ave, West St. Paul, MN 55118 � An Affrrmatrve AcUOn Equal Opportm�Ty Employer