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97-1427Council File # Q7--1�'� Green Sheet # 60778 NT P1E1UL, MIIjINESOTA Presented Referred To Committee Date 3s 1 BE IT RESOLVED, that the Council of the City of Saint Pau1 hereby certifies and approves the November 18, 2 1997 decision of the Legislative Hearing Officer: 3 Property Appealed 4 768 Desoto Street 5 Decision: Appeal denied. 6 383 Curtice Street East 7 Decision: Laid over to December 2o 8 467 Beaumont Street 9 Decision: Appeal denied. 10 1032 East Maenolia 11 Decision: Laid over to February 17,1998. 12 551 Bar,�e Channel Road 13 Decision: Laid over to February 17,1998. l4 400 Selb,�Avenue l5 Decision: Appeal denied. 6 596 Grand Avenue 7 Decision: Appeal denied. A el ant Richard Scalise Arnold J. Lasners Garnet Enterprises Henry & Andrea Etzler Greif- Brothers Corporation T. J. Bazoff, Properiy Manager David A. Graf 1 97-/ya� 1 2 3 4 5 6 7 Yeas Na s Absent Blakey � Bostrom � Harris ,/ Megazd � Morton � coltins �' Thune 9/ � 6 � Requested by Depariment oE � Form Apgroved by City Attomey � c a � e q� Approved by Mayor for Submission to Co�mcil 8 Adopted by Council: Date `� ca� • � l &y: 9 Adoption C fied by Council S etary 1 O By: " .�'��� a- , �.,,���_ __ 11 Approvad by Mayor: Date { Z, [ g(� � r� �jj,�' ` 12 By: � �� _ �' " t /" 2 _ __ 97-��z7 City Council Offices 11/18j97 � ��� a� � .. TOTAL # OF SIGNATURE PAGES GREEN SHEET No 60778 u��� u��- o �,.,� ❑�,� ❑.�.��� ❑..��„�a ❑����.�.� ❑ (CUP ALL LOCATIONS FOR SlGNATURE) Approving decision of the Legislative Hearing Officer on Property Code Enforcement Appeals fox Idovember 18, 1997 meeting. Property Locations - 768 Desoto Street, 383 Curtice Street East, 467 Beaumont Street, 1Q32 East Magnolia, 551 Barge Ghannel Road, 400 Selby Avenue, 596 Grand Avenue. PLANNING COMMISSION CIB COMMI7TEE CMl SERVICE COMMiSS10N Hes tliis Peisonlfrtm everworked under a coniract farFhk tlePeRmenC! YES NO Has thie pnaoNfirm eve� been a cdy empbyee7 . YFS NO Do� tMs PBmoM�m D� a sluN � no�mallyD� �Y �Y curtent citY emWuYee7 YES tyC7 IS Nia pneon/Fmi e fefgeted venOM VES NO dain au vea answers un ae� sheet and attach w areen sheet r �' -' �- _.._....1't � _..I' ,. r��v z � ��,�� �OTAL AMOUN7 OF TitANSACTION S coaT�evEr+ue auoeErEO �ctt�c� w�7 YES NO UNDINt3 SOURCE ACTNISY NUMBER lIANCIPL INFORMpSWN (IXPWN} MINt1TES OF PROPERTY CODE ENFORCEMENT MEETING November 18, 1997 Room 330, City Hall Gerry Strathman, Legisiative Hearing Officer Staff: Dick Lippert, Jim Prill, Phil Owens and Pat Fish. � 3 _� , �� „u,.�,�. � ��t�� �;v��.� �'t_ 1� Gerry Strathman, Legislative Hearing Officer, called the meeting to order at 1:30 p.m. 768 Desoto Street Richard Scalise, appeliant, stated that he wouid like an extension of one year to rehabilitate this property and that he pians to live there. He is disabled and due to low income needs financial assistance. Ae feels the building has sound structure and can be repaired and indicated the materiais and labor aze available to him through charity. He has a seventy-five (75) day sentence to serve at the workhouse. Mr. Lippert reported that Public Hea1Ch has been invoived with this huilding since August, 1996. He indicated he has dealt with Mr. Scalise a number of times regazding repairs to this structure which is truly a fire hazard. In May Messrs, Lippert and Scalise walked through the buiiding together. In October Mr. Scalise was given five (5) months to put a program togethez - get some money and someone to advocate for him so that repairs could be made. The building needs extensive repair which seems to be beyond Mr. Scalise's capabilities. In Octobex the city was forced to condemn the building to ensure Mr. Scalise's safety and relieve the liability of the city. A seven (7) week notice was issued on the condemnation, giving him the benefit of the doubt. The city feeis this should be vacated December 1�`. Mr. Lippert does not think it's feasible to xehabilitate the building unless someone would donate all the materials and most of the labox, ar vice versa Mr. Strathman stated that it is ciear Mr. Scalise wiil not be living in the house for the nea�t seventy-five {75) days and added that the city would be liable if he were aliowed to reoccupy the building in its' current state. Mr. Strathman denied the appeal and informed Mr. Scalise that he has an opportunity to be heazd by the City Council on Wednesday, November 26�' at 4:30 p.m. 383 Curtice Street East Mr. Lamers, owner, arrived after Public Health inspectors had left the meering due to the fact no one appeazed when the address was first called. In view of the fact that Mr. Lamers is interested, Gerry Strathman, Legislative Heazing Officer, laid this matter over to December 2° 467 Beaumont Street Harian Anderson, Gamet Enterprises, advised that this properiy was purchased on September 24`�. At the closing, the previous owner indicated tUat NSP had found problems with the fumace and stove, that the furnace had been red-tagged and that he would take care of this mattez. The purchase agreement states that these items are in good working order. He has a signed letter stating that Dave's Appliance repaired the stove. He contacted several heating companies which all indicated it wouid be three-eight weeks before they could look at the fiunace. He did provide ttze tenant with space heaters. dn dctober 22°� Dick Lippert, Public Health, issued a citation. On October 24'�' Mr. Anderson was notified of the condemnafion. Mr. Anderson had an appointment with St. Paul Plvmbing and Heating on October 26 They adjusted the flame and did not see any other problem. Mr. Anderson attempted to contact NSP five or six times. They indicated that they detected carbon monoz;ide in the house and felt that someone should check the furnace. Mr. Anderson stated that the new fuses have been installed. St. Paul Plumbing and Heating retumed to retest for carbon monoxide on November 12`�. That resulted in their finding � cazbon monoxide. EverS�tking on the fiunace is working fine. Mr. Anderson stated that his reason for the appeai is that he has made his best effort to solve the problem from the time he became involved with the property. Mr. Anderson also stated that he had made numerous attempts to speak with Dick Lippert in order to produce dociunentation for the above mentioned items. Dick Lippert, Public Health, stated that he spoke with Todd Anderson on November 6`^ advising him that as soon as documentation was produced indicating that St. Paul Plwnbing and Heating had tested for carbon mono�de, the requirement would be released. Also, as soon as a permit was produced and a GFCI oudet was installed in the bathroom, the condemnation would be pulled. Gerry Strathxnan, Legislative Hearing Officer, stated that he understands why the condemnation order was issued with respect to the furnace, which has now been remedied, but not a GFCI outie� Mr. Anderson has stated that he has documentation and made attempts to contact Mr. Lippert. Mr. Strathman suggested that the two of them meet outside the hearing room. If Mr. Lippert is satisfied, the condemnation order can be lifted and the matter closed. Mr. Strathman advised Mr. Anderson that for the record, the appeal will be denied. Mr. Anderson asked why. Mr. Strathman stated that he believes the nritial order issued with respect to the fumace was conect and legal. However, if Mr. Lippert is satisfied with his documentauon, the matter will be closed. Mr. Anderson asked how he is supposed to meet the code requirement providing heat if furnace companies are not available. Mr. Strathxnan responded by saying that City Code does not allow a building to be occupied without heat. 1032 East Ma oIia Henry and Andrea Etzler, owners, appeazed. Mr. Etzler stated that this has to do with outside repairs to the house, gazage and roof. Their intention was to demolish and rebuild. Mrs. Etzler stated that they were able to obtain a mortgage, however, could not obtain a construction loan. In eazly September an FHA inspector did a complete walk-through. He indicated the house is worth nothing - nothiug is up to code. The Etzlers' have a contract for deed and � � i'-��` _ indicated they were looking into possibilities of getting help from the city when a house across the street went up for sale. They bought that house and hoped that an investor with resources would buy 1032 and fix it up. They live in the new house and have the heat and water on at 1032 - still in the process of moving. Mr. Etzler indicated that they are hopeful to get the Contract for Deed holder to take the house back or a Real Estate broker to take it over. If they default they have been told by FHA that it will not hurt their credit - others have told them it will. They plan to leave the house vacant until someone takes it over. Jim Prill, Code Enforcement, reported that orders were issued in May, 1997 for the ea�terior of the building. The city's concern is that there has been no progress ar definite plan to repair. If it is unoccupied, it could also be subject to the vacant building requirement and potential demolition at some later date. Mr. Strathman laid this matter over to February 17, 1998, with the hope that the house will be soid by that time. 551 Barge Channel Road John Spragues, Project Engineer and Mark Falter, Plant Manager for Greif Brothers Corporation, appeazed. Mr. Spragues stated that a notice of condemnation was received October 1 concerning the building which houses a boiler room. They are looking for an alternative steam supplying equipment which will take the place of the boiler. The cost to repair this building has been estimated from $50,000-$100,000 for demolition and restructuring. There wiil be a rivo-three week wait for a smaller steam system to be installed in the manufacturing plant. They aze requesting an extension of the deadline to vacant. Their corporate headquarters are in Delawaze, OH. The CEO has not signed an order to proceed with this project. Phil Owens, supervisor, Commercial Fire Inspections, reported that the order concerns the structure oniy - the building that the boiler is in. Not only was the fue inspector on the premises, but also the fire department's building construction specialist. He indicates there are serious structural defects, including the exterior wa11s, lazge cracks, a collapsed roof sections and crack supports. The building is in a significant state of deterioration. There is no desire to cause them to cease their operations, however, there is concern with respect to the structural compon- ents of the building and personnel who may enter the area. Mr. Owens indicated that the Fire Department would allow an extension of time with the understanding that there be no personnel assigned to the building, no personnel in the building - simply a mechanical siructure, that there be no storage or other use 3n the building and that there be an engineering evaluation done by an engineez of their choice, at their expense to inform us of the life expectancy of the build'ang. "We thiiilc collapse is eminent, especially in the roof section and are very concerned with the structure." Mr. Strathman asked what they intend to do with the building after receiving the new steam engineering system. Mr. Spragues replied that they would put it into the main building which is structurally sound. This structure would be closed and vacated. The company cannot afford to demolish this building at this time. The only person in this building for the time being is the maintenance man who blows out the boiler and remove flakes/condensation - fifteen (15) minutes daily. The alternafive will obviously make this no longer necessary. In the future, they intend to demolish the building in quesfion. Mr. Strathman advised that the building needs to be certified that it is structurally sound, repaired or removed. Subject to the condiuons that Mr. Owens described, Mr. Strathman indicated that he is wiIling to ailow time to complete one of those three things. Mr. Strathman Iaid this matter over to February I7, 1998, subject to the conditions Mr. Owen described. 400 Selby Avenue Gerry Strathman, Legislative Hearing Officer, reported that he received a telephone ca11 from the City Clerk's office advising that Ms. DuMond, the appellants corporate counsel, called them advising theq had reached an agreement with the Fire Department and had withdrawn their appeal and consider the matter resolved. Phii Owens, Fire Prevention, stated that he was not aware of that and asked if their previous appeal was denied. Mr. Stratlunan indicated that it was. Mr. Owens indicated that nothing has been received in writing indicating when the required repairs will be made. Mr. Strathman denied the appeal. 596 Grand Avenue David Graf, owner, indicated that in May a cleaning and fire inspection was done. At that rime the service man thought ihat he needed a Class B flue system in the furnace azea. He gutted the house in 1981. Since then nine (9) inspecrions have been made. Tn I989 he was told to sheet-rock the fiunace area. Someone indicated that the flue system was too close to the wood around it. There is a one and one-haif inch clearance. It wouid cost $700 to install a Class B flue system. His view is that this is not necessary, therefore, the appeal. Pat Fish, Fire Prevention presented a copy of the initial test. The licensed contractor had indicated that the system was too close to the surrounding wood. Ms. Fish indicated that the Fire Deparkment's position would be that if a private contractor would agree it is safe and not a fire hazard, the Fire Deparhnent would accept that in lieu of changing the vent pipe. However, it wouldn't be that expensive to put a sIeeve on a Class A vent. Mr. Graf indicated he would be willing to do that. Gerry Strathman, Legislative Hearing Officer indicated tfiere are rivo choices. Either have a licensed cantractor notify the Fire Department that a Class B flue is not necessary, or put the sleeve on the existing flue. Mr. Strathman denied the appeal. The meeting was adjourned at 2:50. Council File # Q7--1�'� Green Sheet # 60778 NT P1E1UL, MIIjINESOTA Presented Referred To Committee Date 3s 1 BE IT RESOLVED, that the Council of the City of Saint Pau1 hereby certifies and approves the November 18, 2 1997 decision of the Legislative Hearing Officer: 3 Property Appealed 4 768 Desoto Street 5 Decision: Appeal denied. 6 383 Curtice Street East 7 Decision: Laid over to December 2o 8 467 Beaumont Street 9 Decision: Appeal denied. 10 1032 East Maenolia 11 Decision: Laid over to February 17,1998. 12 551 Bar,�e Channel Road 13 Decision: Laid over to February 17,1998. l4 400 Selb,�Avenue l5 Decision: Appeal denied. 6 596 Grand Avenue 7 Decision: Appeal denied. A el ant Richard Scalise Arnold J. Lasners Garnet Enterprises Henry & Andrea Etzler Greif- Brothers Corporation T. J. Bazoff, Properiy Manager David A. Graf 1 97-/ya� 1 2 3 4 5 6 7 Yeas Na s Absent Blakey � Bostrom � Harris ,/ Megazd � Morton � coltins �' Thune 9/ � 6 � Requested by Depariment oE � Form Apgroved by City Attomey � c a � e q� Approved by Mayor for Submission to Co�mcil 8 Adopted by Council: Date `� ca� • � l &y: 9 Adoption C fied by Council S etary 1 O By: " .�'��� a- , �.,,���_ __ 11 Approvad by Mayor: Date { Z, [ g(� � r� �jj,�' ` 12 By: � �� _ �' " t /" 2 _ __ 97-��z7 City Council Offices 11/18j97 � ��� a� � .. TOTAL # OF SIGNATURE PAGES GREEN SHEET No 60778 u��� u��- o �,.,� ❑�,� ❑.�.��� ❑..��„�a ❑����.�.� ❑ (CUP ALL LOCATIONS FOR SlGNATURE) Approving decision of the Legislative Hearing Officer on Property Code Enforcement Appeals fox Idovember 18, 1997 meeting. Property Locations - 768 Desoto Street, 383 Curtice Street East, 467 Beaumont Street, 1Q32 East Magnolia, 551 Barge Ghannel Road, 400 Selby Avenue, 596 Grand Avenue. PLANNING COMMISSION CIB COMMI7TEE CMl SERVICE COMMiSS10N Hes tliis Peisonlfrtm everworked under a coniract farFhk tlePeRmenC! YES NO Has thie pnaoNfirm eve� been a cdy empbyee7 . YFS NO Do� tMs PBmoM�m D� a sluN � no�mallyD� �Y �Y curtent citY emWuYee7 YES tyC7 IS Nia pneon/Fmi e fefgeted venOM VES NO dain au vea answers un ae� sheet and attach w areen sheet r �' -' �- _.._....1't � _..I' ,. r��v z � ��,�� �OTAL AMOUN7 OF TitANSACTION S coaT�evEr+ue auoeErEO �ctt�c� w�7 YES NO UNDINt3 SOURCE ACTNISY NUMBER lIANCIPL INFORMpSWN (IXPWN} MINt1TES OF PROPERTY CODE ENFORCEMENT MEETING November 18, 1997 Room 330, City Hall Gerry Strathman, Legisiative Hearing Officer Staff: Dick Lippert, Jim Prill, Phil Owens and Pat Fish. � 3 _� , �� „u,.�,�. � ��t�� �;v��.� �'t_ 1� Gerry Strathman, Legislative Hearing Officer, called the meeting to order at 1:30 p.m. 768 Desoto Street Richard Scalise, appeliant, stated that he wouid like an extension of one year to rehabilitate this property and that he pians to live there. He is disabled and due to low income needs financial assistance. Ae feels the building has sound structure and can be repaired and indicated the materiais and labor aze available to him through charity. He has a seventy-five (75) day sentence to serve at the workhouse. Mr. Lippert reported that Public Hea1Ch has been invoived with this huilding since August, 1996. He indicated he has dealt with Mr. Scalise a number of times regazding repairs to this structure which is truly a fire hazard. In May Messrs, Lippert and Scalise walked through the buiiding together. In October Mr. Scalise was given five (5) months to put a program togethez - get some money and someone to advocate for him so that repairs could be made. The building needs extensive repair which seems to be beyond Mr. Scalise's capabilities. In Octobex the city was forced to condemn the building to ensure Mr. Scalise's safety and relieve the liability of the city. A seven (7) week notice was issued on the condemnation, giving him the benefit of the doubt. The city feeis this should be vacated December 1�`. Mr. Lippert does not think it's feasible to xehabilitate the building unless someone would donate all the materials and most of the labox, ar vice versa Mr. Strathman stated that it is ciear Mr. Scalise wiil not be living in the house for the nea�t seventy-five {75) days and added that the city would be liable if he were aliowed to reoccupy the building in its' current state. Mr. Strathman denied the appeal and informed Mr. Scalise that he has an opportunity to be heazd by the City Council on Wednesday, November 26�' at 4:30 p.m. 383 Curtice Street East Mr. Lamers, owner, arrived after Public Health inspectors had left the meering due to the fact no one appeazed when the address was first called. In view of the fact that Mr. Lamers is interested, Gerry Strathman, Legislative Heazing Officer, laid this matter over to December 2° 467 Beaumont Street Harian Anderson, Gamet Enterprises, advised that this properiy was purchased on September 24`�. At the closing, the previous owner indicated tUat NSP had found problems with the fumace and stove, that the furnace had been red-tagged and that he would take care of this mattez. The purchase agreement states that these items are in good working order. He has a signed letter stating that Dave's Appliance repaired the stove. He contacted several heating companies which all indicated it wouid be three-eight weeks before they could look at the fiunace. He did provide ttze tenant with space heaters. dn dctober 22°� Dick Lippert, Public Health, issued a citation. On October 24'�' Mr. Anderson was notified of the condemnafion. Mr. Anderson had an appointment with St. Paul Plvmbing and Heating on October 26 They adjusted the flame and did not see any other problem. Mr. Anderson attempted to contact NSP five or six times. They indicated that they detected carbon monoz;ide in the house and felt that someone should check the furnace. Mr. Anderson stated that the new fuses have been installed. St. Paul Plumbing and Heating retumed to retest for carbon monoxide on November 12`�. That resulted in their finding � cazbon monoxide. EverS�tking on the fiunace is working fine. Mr. Anderson stated that his reason for the appeai is that he has made his best effort to solve the problem from the time he became involved with the property. Mr. Anderson also stated that he had made numerous attempts to speak with Dick Lippert in order to produce dociunentation for the above mentioned items. Dick Lippert, Public Health, stated that he spoke with Todd Anderson on November 6`^ advising him that as soon as documentation was produced indicating that St. Paul Plwnbing and Heating had tested for carbon mono�de, the requirement would be released. Also, as soon as a permit was produced and a GFCI oudet was installed in the bathroom, the condemnation would be pulled. Gerry Strathxnan, Legislative Hearing Officer, stated that he understands why the condemnation order was issued with respect to the furnace, which has now been remedied, but not a GFCI outie� Mr. Anderson has stated that he has documentation and made attempts to contact Mr. Lippert. Mr. Strathman suggested that the two of them meet outside the hearing room. If Mr. Lippert is satisfied, the condemnation order can be lifted and the matter closed. Mr. Strathman advised Mr. Anderson that for the record, the appeal will be denied. Mr. Anderson asked why. Mr. Strathman stated that he believes the nritial order issued with respect to the fumace was conect and legal. However, if Mr. Lippert is satisfied with his documentauon, the matter will be closed. Mr. Anderson asked how he is supposed to meet the code requirement providing heat if furnace companies are not available. Mr. Strathxnan responded by saying that City Code does not allow a building to be occupied without heat. 1032 East Ma oIia Henry and Andrea Etzler, owners, appeazed. Mr. Etzler stated that this has to do with outside repairs to the house, gazage and roof. Their intention was to demolish and rebuild. Mrs. Etzler stated that they were able to obtain a mortgage, however, could not obtain a construction loan. In eazly September an FHA inspector did a complete walk-through. He indicated the house is worth nothing - nothiug is up to code. The Etzlers' have a contract for deed and � � i'-��` _ indicated they were looking into possibilities of getting help from the city when a house across the street went up for sale. They bought that house and hoped that an investor with resources would buy 1032 and fix it up. They live in the new house and have the heat and water on at 1032 - still in the process of moving. Mr. Etzler indicated that they are hopeful to get the Contract for Deed holder to take the house back or a Real Estate broker to take it over. If they default they have been told by FHA that it will not hurt their credit - others have told them it will. They plan to leave the house vacant until someone takes it over. Jim Prill, Code Enforcement, reported that orders were issued in May, 1997 for the ea�terior of the building. The city's concern is that there has been no progress ar definite plan to repair. If it is unoccupied, it could also be subject to the vacant building requirement and potential demolition at some later date. Mr. Strathman laid this matter over to February 17, 1998, with the hope that the house will be soid by that time. 551 Barge Channel Road John Spragues, Project Engineer and Mark Falter, Plant Manager for Greif Brothers Corporation, appeazed. Mr. Spragues stated that a notice of condemnation was received October 1 concerning the building which houses a boiler room. They are looking for an alternative steam supplying equipment which will take the place of the boiler. The cost to repair this building has been estimated from $50,000-$100,000 for demolition and restructuring. There wiil be a rivo-three week wait for a smaller steam system to be installed in the manufacturing plant. They aze requesting an extension of the deadline to vacant. Their corporate headquarters are in Delawaze, OH. The CEO has not signed an order to proceed with this project. Phil Owens, supervisor, Commercial Fire Inspections, reported that the order concerns the structure oniy - the building that the boiler is in. Not only was the fue inspector on the premises, but also the fire department's building construction specialist. He indicates there are serious structural defects, including the exterior wa11s, lazge cracks, a collapsed roof sections and crack supports. The building is in a significant state of deterioration. There is no desire to cause them to cease their operations, however, there is concern with respect to the structural compon- ents of the building and personnel who may enter the area. Mr. Owens indicated that the Fire Department would allow an extension of time with the understanding that there be no personnel assigned to the building, no personnel in the building - simply a mechanical siructure, that there be no storage or other use 3n the building and that there be an engineering evaluation done by an engineez of their choice, at their expense to inform us of the life expectancy of the build'ang. "We thiiilc collapse is eminent, especially in the roof section and are very concerned with the structure." Mr. Strathman asked what they intend to do with the building after receiving the new steam engineering system. Mr. Spragues replied that they would put it into the main building which is structurally sound. This structure would be closed and vacated. The company cannot afford to demolish this building at this time. The only person in this building for the time being is the maintenance man who blows out the boiler and remove flakes/condensation - fifteen (15) minutes daily. The alternafive will obviously make this no longer necessary. In the future, they intend to demolish the building in quesfion. Mr. Strathman advised that the building needs to be certified that it is structurally sound, repaired or removed. Subject to the condiuons that Mr. Owens described, Mr. Strathman indicated that he is wiIling to ailow time to complete one of those three things. Mr. Strathman Iaid this matter over to February I7, 1998, subject to the conditions Mr. Owen described. 400 Selby Avenue Gerry Strathman, Legislative Hearing Officer, reported that he received a telephone ca11 from the City Clerk's office advising that Ms. DuMond, the appellants corporate counsel, called them advising theq had reached an agreement with the Fire Department and had withdrawn their appeal and consider the matter resolved. Phii Owens, Fire Prevention, stated that he was not aware of that and asked if their previous appeal was denied. Mr. Stratlunan indicated that it was. Mr. Owens indicated that nothing has been received in writing indicating when the required repairs will be made. Mr. Strathman denied the appeal. 596 Grand Avenue David Graf, owner, indicated that in May a cleaning and fire inspection was done. At that rime the service man thought ihat he needed a Class B flue system in the furnace azea. He gutted the house in 1981. Since then nine (9) inspecrions have been made. Tn I989 he was told to sheet-rock the fiunace area. Someone indicated that the flue system was too close to the wood around it. There is a one and one-haif inch clearance. It wouid cost $700 to install a Class B flue system. His view is that this is not necessary, therefore, the appeal. Pat Fish, Fire Prevention presented a copy of the initial test. The licensed contractor had indicated that the system was too close to the surrounding wood. Ms. Fish indicated that the Fire Deparkment's position would be that if a private contractor would agree it is safe and not a fire hazard, the Fire Deparhnent would accept that in lieu of changing the vent pipe. However, it wouldn't be that expensive to put a sIeeve on a Class A vent. Mr. Graf indicated he would be willing to do that. Gerry Strathman, Legislative Hearing Officer indicated tfiere are rivo choices. Either have a licensed cantractor notify the Fire Department that a Class B flue is not necessary, or put the sleeve on the existing flue. Mr. Strathman denied the appeal. The meeting was adjourned at 2:50. Council File # Q7--1�'� Green Sheet # 60778 NT P1E1UL, MIIjINESOTA Presented Referred To Committee Date 3s 1 BE IT RESOLVED, that the Council of the City of Saint Pau1 hereby certifies and approves the November 18, 2 1997 decision of the Legislative Hearing Officer: 3 Property Appealed 4 768 Desoto Street 5 Decision: Appeal denied. 6 383 Curtice Street East 7 Decision: Laid over to December 2o 8 467 Beaumont Street 9 Decision: Appeal denied. 10 1032 East Maenolia 11 Decision: Laid over to February 17,1998. 12 551 Bar,�e Channel Road 13 Decision: Laid over to February 17,1998. l4 400 Selb,�Avenue l5 Decision: Appeal denied. 6 596 Grand Avenue 7 Decision: Appeal denied. A el ant Richard Scalise Arnold J. Lasners Garnet Enterprises Henry & Andrea Etzler Greif- Brothers Corporation T. J. Bazoff, Properiy Manager David A. Graf 1 97-/ya� 1 2 3 4 5 6 7 Yeas Na s Absent Blakey � Bostrom � Harris ,/ Megazd � Morton � coltins �' Thune 9/ � 6 � Requested by Depariment oE � Form Apgroved by City Attomey � c a � e q� Approved by Mayor for Submission to Co�mcil 8 Adopted by Council: Date `� ca� • � l &y: 9 Adoption C fied by Council S etary 1 O By: " .�'��� a- , �.,,���_ __ 11 Approvad by Mayor: Date { Z, [ g(� � r� �jj,�' ` 12 By: � �� _ �' " t /" 2 _ __ 97-��z7 City Council Offices 11/18j97 � ��� a� � .. TOTAL # OF SIGNATURE PAGES GREEN SHEET No 60778 u��� u��- o �,.,� ❑�,� ❑.�.��� ❑..��„�a ❑����.�.� ❑ (CUP ALL LOCATIONS FOR SlGNATURE) Approving decision of the Legislative Hearing Officer on Property Code Enforcement Appeals fox Idovember 18, 1997 meeting. Property Locations - 768 Desoto Street, 383 Curtice Street East, 467 Beaumont Street, 1Q32 East Magnolia, 551 Barge Ghannel Road, 400 Selby Avenue, 596 Grand Avenue. PLANNING COMMISSION CIB COMMI7TEE CMl SERVICE COMMiSS10N Hes tliis Peisonlfrtm everworked under a coniract farFhk tlePeRmenC! YES NO Has thie pnaoNfirm eve� been a cdy empbyee7 . YFS NO Do� tMs PBmoM�m D� a sluN � no�mallyD� �Y �Y curtent citY emWuYee7 YES tyC7 IS Nia pneon/Fmi e fefgeted venOM VES NO dain au vea answers un ae� sheet and attach w areen sheet r �' -' �- _.._....1't � _..I' ,. r��v z � ��,�� �OTAL AMOUN7 OF TitANSACTION S coaT�evEr+ue auoeErEO �ctt�c� w�7 YES NO UNDINt3 SOURCE ACTNISY NUMBER lIANCIPL INFORMpSWN (IXPWN} MINt1TES OF PROPERTY CODE ENFORCEMENT MEETING November 18, 1997 Room 330, City Hall Gerry Strathman, Legisiative Hearing Officer Staff: Dick Lippert, Jim Prill, Phil Owens and Pat Fish. � 3 _� , �� „u,.�,�. � ��t�� �;v��.� �'t_ 1� Gerry Strathman, Legislative Hearing Officer, called the meeting to order at 1:30 p.m. 768 Desoto Street Richard Scalise, appeliant, stated that he wouid like an extension of one year to rehabilitate this property and that he pians to live there. He is disabled and due to low income needs financial assistance. Ae feels the building has sound structure and can be repaired and indicated the materiais and labor aze available to him through charity. He has a seventy-five (75) day sentence to serve at the workhouse. Mr. Lippert reported that Public Hea1Ch has been invoived with this huilding since August, 1996. He indicated he has dealt with Mr. Scalise a number of times regazding repairs to this structure which is truly a fire hazard. In May Messrs, Lippert and Scalise walked through the buiiding together. In October Mr. Scalise was given five (5) months to put a program togethez - get some money and someone to advocate for him so that repairs could be made. The building needs extensive repair which seems to be beyond Mr. Scalise's capabilities. In Octobex the city was forced to condemn the building to ensure Mr. Scalise's safety and relieve the liability of the city. A seven (7) week notice was issued on the condemnation, giving him the benefit of the doubt. The city feeis this should be vacated December 1�`. Mr. Lippert does not think it's feasible to xehabilitate the building unless someone would donate all the materials and most of the labox, ar vice versa Mr. Strathman stated that it is ciear Mr. Scalise wiil not be living in the house for the nea�t seventy-five {75) days and added that the city would be liable if he were aliowed to reoccupy the building in its' current state. Mr. Strathman denied the appeal and informed Mr. Scalise that he has an opportunity to be heazd by the City Council on Wednesday, November 26�' at 4:30 p.m. 383 Curtice Street East Mr. Lamers, owner, arrived after Public Health inspectors had left the meering due to the fact no one appeazed when the address was first called. In view of the fact that Mr. Lamers is interested, Gerry Strathman, Legislative Heazing Officer, laid this matter over to December 2° 467 Beaumont Street Harian Anderson, Gamet Enterprises, advised that this properiy was purchased on September 24`�. At the closing, the previous owner indicated tUat NSP had found problems with the fumace and stove, that the furnace had been red-tagged and that he would take care of this mattez. The purchase agreement states that these items are in good working order. He has a signed letter stating that Dave's Appliance repaired the stove. He contacted several heating companies which all indicated it wouid be three-eight weeks before they could look at the fiunace. He did provide ttze tenant with space heaters. dn dctober 22°� Dick Lippert, Public Health, issued a citation. On October 24'�' Mr. Anderson was notified of the condemnafion. Mr. Anderson had an appointment with St. Paul Plvmbing and Heating on October 26 They adjusted the flame and did not see any other problem. Mr. Anderson attempted to contact NSP five or six times. They indicated that they detected carbon monoz;ide in the house and felt that someone should check the furnace. Mr. Anderson stated that the new fuses have been installed. St. Paul Plumbing and Heating retumed to retest for carbon monoxide on November 12`�. That resulted in their finding � cazbon monoxide. EverS�tking on the fiunace is working fine. Mr. Anderson stated that his reason for the appeai is that he has made his best effort to solve the problem from the time he became involved with the property. Mr. Anderson also stated that he had made numerous attempts to speak with Dick Lippert in order to produce dociunentation for the above mentioned items. Dick Lippert, Public Health, stated that he spoke with Todd Anderson on November 6`^ advising him that as soon as documentation was produced indicating that St. Paul Plwnbing and Heating had tested for carbon mono�de, the requirement would be released. Also, as soon as a permit was produced and a GFCI oudet was installed in the bathroom, the condemnation would be pulled. Gerry Strathxnan, Legislative Hearing Officer, stated that he understands why the condemnation order was issued with respect to the furnace, which has now been remedied, but not a GFCI outie� Mr. Anderson has stated that he has documentation and made attempts to contact Mr. Lippert. Mr. Strathman suggested that the two of them meet outside the hearing room. If Mr. Lippert is satisfied, the condemnation order can be lifted and the matter closed. Mr. Strathman advised Mr. Anderson that for the record, the appeal will be denied. Mr. Anderson asked why. Mr. Strathman stated that he believes the nritial order issued with respect to the fumace was conect and legal. However, if Mr. Lippert is satisfied with his documentauon, the matter will be closed. Mr. Anderson asked how he is supposed to meet the code requirement providing heat if furnace companies are not available. Mr. Strathxnan responded by saying that City Code does not allow a building to be occupied without heat. 1032 East Ma oIia Henry and Andrea Etzler, owners, appeazed. Mr. Etzler stated that this has to do with outside repairs to the house, gazage and roof. Their intention was to demolish and rebuild. Mrs. Etzler stated that they were able to obtain a mortgage, however, could not obtain a construction loan. In eazly September an FHA inspector did a complete walk-through. He indicated the house is worth nothing - nothiug is up to code. The Etzlers' have a contract for deed and � � i'-��` _ indicated they were looking into possibilities of getting help from the city when a house across the street went up for sale. They bought that house and hoped that an investor with resources would buy 1032 and fix it up. They live in the new house and have the heat and water on at 1032 - still in the process of moving. Mr. Etzler indicated that they are hopeful to get the Contract for Deed holder to take the house back or a Real Estate broker to take it over. If they default they have been told by FHA that it will not hurt their credit - others have told them it will. They plan to leave the house vacant until someone takes it over. Jim Prill, Code Enforcement, reported that orders were issued in May, 1997 for the ea�terior of the building. The city's concern is that there has been no progress ar definite plan to repair. If it is unoccupied, it could also be subject to the vacant building requirement and potential demolition at some later date. Mr. Strathman laid this matter over to February 17, 1998, with the hope that the house will be soid by that time. 551 Barge Channel Road John Spragues, Project Engineer and Mark Falter, Plant Manager for Greif Brothers Corporation, appeazed. Mr. Spragues stated that a notice of condemnation was received October 1 concerning the building which houses a boiler room. They are looking for an alternative steam supplying equipment which will take the place of the boiler. The cost to repair this building has been estimated from $50,000-$100,000 for demolition and restructuring. There wiil be a rivo-three week wait for a smaller steam system to be installed in the manufacturing plant. They aze requesting an extension of the deadline to vacant. Their corporate headquarters are in Delawaze, OH. The CEO has not signed an order to proceed with this project. Phil Owens, supervisor, Commercial Fire Inspections, reported that the order concerns the structure oniy - the building that the boiler is in. Not only was the fue inspector on the premises, but also the fire department's building construction specialist. He indicates there are serious structural defects, including the exterior wa11s, lazge cracks, a collapsed roof sections and crack supports. The building is in a significant state of deterioration. There is no desire to cause them to cease their operations, however, there is concern with respect to the structural compon- ents of the building and personnel who may enter the area. Mr. Owens indicated that the Fire Department would allow an extension of time with the understanding that there be no personnel assigned to the building, no personnel in the building - simply a mechanical siructure, that there be no storage or other use 3n the building and that there be an engineering evaluation done by an engineez of their choice, at their expense to inform us of the life expectancy of the build'ang. "We thiiilc collapse is eminent, especially in the roof section and are very concerned with the structure." Mr. Strathman asked what they intend to do with the building after receiving the new steam engineering system. Mr. Spragues replied that they would put it into the main building which is structurally sound. This structure would be closed and vacated. The company cannot afford to demolish this building at this time. The only person in this building for the time being is the maintenance man who blows out the boiler and remove flakes/condensation - fifteen (15) minutes daily. The alternafive will obviously make this no longer necessary. In the future, they intend to demolish the building in quesfion. Mr. Strathman advised that the building needs to be certified that it is structurally sound, repaired or removed. Subject to the condiuons that Mr. Owens described, Mr. Strathman indicated that he is wiIling to ailow time to complete one of those three things. Mr. Strathman Iaid this matter over to February I7, 1998, subject to the conditions Mr. Owen described. 400 Selby Avenue Gerry Strathman, Legislative Hearing Officer, reported that he received a telephone ca11 from the City Clerk's office advising that Ms. DuMond, the appellants corporate counsel, called them advising theq had reached an agreement with the Fire Department and had withdrawn their appeal and consider the matter resolved. Phii Owens, Fire Prevention, stated that he was not aware of that and asked if their previous appeal was denied. Mr. Stratlunan indicated that it was. Mr. Owens indicated that nothing has been received in writing indicating when the required repairs will be made. Mr. Strathman denied the appeal. 596 Grand Avenue David Graf, owner, indicated that in May a cleaning and fire inspection was done. At that rime the service man thought ihat he needed a Class B flue system in the furnace azea. He gutted the house in 1981. Since then nine (9) inspecrions have been made. Tn I989 he was told to sheet-rock the fiunace area. Someone indicated that the flue system was too close to the wood around it. There is a one and one-haif inch clearance. It wouid cost $700 to install a Class B flue system. His view is that this is not necessary, therefore, the appeal. Pat Fish, Fire Prevention presented a copy of the initial test. The licensed contractor had indicated that the system was too close to the surrounding wood. Ms. Fish indicated that the Fire Deparkment's position would be that if a private contractor would agree it is safe and not a fire hazard, the Fire Deparhnent would accept that in lieu of changing the vent pipe. However, it wouldn't be that expensive to put a sIeeve on a Class A vent. Mr. Graf indicated he would be willing to do that. Gerry Strathman, Legislative Hearing Officer indicated tfiere are rivo choices. Either have a licensed cantractor notify the Fire Department that a Class B flue is not necessary, or put the sleeve on the existing flue. Mr. Strathman denied the appeal. The meeting was adjourned at 2:50.