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98-1125OR1Glfi�iAL. rresentea Referred To Comtnittee DaTe 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the December 15, 2 1998, decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following 3 addresses: 4 5 6 7 8 9 10 11 12 13 Property Ap�ealed A�pellant 311 Walnut Street (Laid over from 11-17-98) Pat Gavin Decision: Laid over to the January 19, 1999, Property Code Enforcement meeting. 1201 Selby Avenue (L,aid over from 11-17-98) Patrick Donohue The corrections have been made. The appeal has been withdrawn. 1697 Margaret Street Anthony Schommer The notice of condemnation has been lifted. The appeal has been withdrawn. lA 281FifthStreetEast L�,',�dd�,� >'d ��„%i�. /9%�" 15 Decision: Appeal denied. 16 1956 Feronia Avenue 17 Decision: Appeal denied. !—�irl� ���1'J RESf3LUTION OF SAINT PAUL, MINNESOTA coun�u File # g_ 8-t\�� Green Sheet # 62262 �3 Paul Baillon for Baillon Company James Swick 1 Csreen Sheet 62262 �r�, t12 1 2 3 4 5 6 7 Blakey Coleman Harris Benanav Reiter Sostrom Ianay � ✓ ✓ ✓ ✓ ✓ ✓ Requested by Department of: � Form Appmved hy City Attoxney f� 3 3 Adopted by Council: 0 � 1 Adopflon Certified b 2 By: ` 3 Approved by � By: � Approved by Mayor for Subznission to Council � � City Council Gerry Strathman, 266-8560 December 23, 1998 DASE INRIRSED 12-16-98 ASSIGN NUYBERFdt RdiT1114' ORDF72 TOTAL # OF SIGNATURE PAGES GREEN SHEET ncrwietre�i owEtiart ��-�ta�s No 62262 i�n�rmm anoour.,. ❑ GiYAiTOWEY ❑ tlNttFMlf ❑ H4M4RI.�ERNCFi11R ❑ NYNCLL3EIN�KCIO ❑ WYOR(ORM06T1Yin ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approving the decision o£ the Legislative Hearing Officer on Property Code Enforcement AF for the December 15, 1998, mee[ing regarding the following addresses: 311 Wa1nuC Street, 1201 Selby Avenue, 1697 Margaret Street, 281 Fifth Street East, and 1956 Feronia Avenue. PLANNING COMMISSION CIB CAMMRTEE CMl SERVICE CAMMfSSION IFAPPROVEO Has tl� pereanlfirm ever wa(Iw_a wMer a cu�tm�tror uuc Eepa�tme�t4 YES NO HastlJx pe�EOn�rtn e+er heen a citY emploYee? YES NO Does this persoMml pocs¢ss a sidll not namallYP�sessetl bY any cuRmt city ertiploYeel VES NO Is ihis peBOnlTrm a[arpefetl vend0Y7 YES NO ���;';i�.{ �i� ^u';==.'C^ ��"n'Si �:, ' , ,,�'� � SOURCE COSTfREYENUE HUDQETED (WRCIH ON� ACTIVlTYNUI�ER YEE NO (FXPLNN) 13 °t �-��25 NOTE5 OF THE PROPERTY CODE ENFORCEMENT MEETING December 15, 1998 Room 330, Ciry Hali Geiry Strathman, L.egislative Heating O�cer STAFF PRESENT: Pat Cohanes, Public Works; Pat Fish, Fire Prevention; Maynard Vinge, Code Enforcement Gerry Strathman called the meeting to order at 1:32 p.m. 3ll Walnnt Street (L,aid over from 11-17-98) Maynard Vinge reported he has not met with the Gavins to do an inside inspection. Mr. Vinge has not received a notice from an electrician regarding the safety of the electrical system. He did meet with the Gavins a few minutes before this meeting. They have a tentative agreement to have an electrician visit, and for Mr. Vinge to get a copy of what is found. The Gavins would like additional time before the interior inspection. Mr. Vinge wouid like the electrical report to insure the safety of tbe unit. Then he is willing to extend time to the middle of January. Pat Gavin appeazed and stated he can get an electrical inspection. He has spent about $1,000 on dumpsters so faz. Gerry Strathman asked can this matter be finished by mid-Januazy. Mr. Gavin responded the exterior work has to be done when it is 50 degrees outside. Gerry Strathman laid this matter over to the January 19, 1999, Property Code Enforcement meeting. 1201 Selbv Avenue (I,aid over from 11-17-98) Gerry Strathman stated the requested conections have been made. The appeal has been withdrawn. 1697 Margaret Street Gerry Strathman stated the notice of condemnation has been lifted. The appeal has been withdrawn. 281 Fifth Street East Paul Baillon, Baillon Company, appeazed and stated he received a notice two years ago about disconnecting the rainleaders. Baillon Company has asked for and received several extensions while trying to develap the properiy. Mr. Baillon received a final notice saying the rainleaders have to be disconnected or the matter will be turned over to the City Attorney. Mr. Baiilon is here to appeal that letter. There aze four reasons why the rainieaders have not been disconnected. 1) Economic Hazdship - The bid is $22,100 to remove the rainleaders. Baillon Company has owned the building for about 20 yeazs, and it has been empty almost all that time. The building loses about $20,000 a year. 2) Baillon Company has appiied for a pernut to demolish the ��-� �ZS PROPERTY CODE ENFORCEMENT NOTES OF 12-15-98 Page 2 of 4 building, but the Heritage Preservation Commission and the City Council have denied tl�e reguest. 3) The Mayor's O�ce suggested Baillon Company reapply again with a more concrete plan for the buiiding after it is demolished. 4) There has not been a lot of precipitation this winter. If it freezes over the winter, there should not be much draining. The building is not heated, therefore it should not be meltina any water in the drain. Gerry Strathman asked about the status of reapplying for a demolition pemut. Paul Baillon responded he has been working on it since March. A survey has been done, and an azchitect has been hired to draw plans. Mr. Bailion has talked to a couple of contractors. One bid was not feasible. Others have not responded back with numbers. Mr. Baillon plans to move on to other contractors, however, the construction industry is busy right now. Pat Cohanes reported there has been talk of demolition since 1996. Public Works would like to see the properry demolished or the rainleaders disconnected. Paul Baillon had previously said that it would cost $20,000 to connect to the storm sewer and $10,000 to disconnect the ground. Mr. Cohanes suggested Mr. Baillon get additional bids from other contractors. Gerry Strathman denied the appeal. The City of Saint Paul was undez federal orders to disconnect all rainleaders in Saint Paul, and has been working on this problem for ten years. The language of the legislative code makes no provisions for exceptions. The only provision that gives any room to maneuver is authority for the City Council to grant additional time. Mr. Strathman remembers the City Council meeting in which the Council refused to grant the demolition pernut. Given the history of this program, the City ordinance, and the agreement with the federal government, it would not be a good faith action to grant addifional time. 1956 Feronia Avenue 7ames Swick, owner, appeazed and stated he is appealing the revocation of the condemnation. He is also asking for additional time. He Is concemed about his elderly tenants and the tenants that aze under Section 8 housing. Mr. Swick received 13 pages of work orders from Pat Fish. A lot of it has been done, and he is continuing to do more. Mr. Swick agrees the items on the work arder need to be corrected. He has completed a set of work orders from June from the Fire Department, and received a temporary work peimit. There was an apartment by apartment inspection. With a new set of work orders, it has caused some financial stress. The tenants that want to stay are doing some of the work themselves. There are 19 units. Six tenants have moved out. The problematic tenants have been evicted. The previous owner had been difficult, and did not do many of the repairs he was asked to do. As soon as Mr. Swick purchased the property in February 1997, he asked for another occupancy pernut in May 1997. After purchasing the property, Mr. Swick suffered from some medical problems, which has changed his lifestyle and capacity to do his job. The property is now for sale. Pat Fish reported she has a letter dated August 21, in which she revoked the certificate of occupancy for non compliance. The properry is not condemned, however, tomorrow is the re- inspection. Originally, Ms. Fish investigated a complaint in June 1998. She went back in July �1 �-\\Z5 PROPERTY CODE ENFORCEMEN'I' NOTES OF 12-15-98 Page 3 of 4 for the re-inspecrion. In August, there was another letter revoking the certificate because the work had not been done. The building was in a deteriorated situation. In September, there was another appointment, and the owner did not show up. The caretaker said he was not able to make the repairs. That cuetaker also admitted he had been tuining off the fire alarm system when it activates. This is dangerous with a 3 story, 19 unit building, and it was discussed with the caretaker. Ms. Fish went through the building again on Octobez 13, and lifted the condemnation, but she could not restore the certificate of occupancy until the units and other azeas of the building were up to code. The police went with Ms. Fish on two inspections. Ms. Fish stated the last time she was at the building was for a re-inspection on November 24. No one showed up for the appointment, but the maintenance person immediately came over, and went through the building with her. She started on the third floor with the orders from the October 20 letter. None of the items had been completed. Rather than improvements, there was a lot of damage in the basement: someone had broken in and put holes in the wall, the windows were broken, and a fire had been started next to a sofa that the owner had been told to remove months before. The fire alarm system panel was silent and disabled. Ms. Fish told the manager the work had not been done, she was alanned at the situation in the basement, and she thought the tenants were at risk. The manager was told—and a message was left at Mr. Swick's home—that he needed to get the fire alarm system operable within 24 hours, and to fax a copy of the repair order to her from a licensed fire alarm company. Ms. Fish has not received that documentation. Between June and November 24, there was ample time to make the corrections. It was a lengthy list, but it continued to get lena hy because the situation was deteriorating rather than getting better. Christine Yancher, Crime Prevention Coordinator far the Meniam Park Community Council, appeared and stated she has been working with the neighborhood. Ms. Yancher read a letter from Paul Given, 1862 Feronia Avenue #8, who wrote he was concerned about safety, loitering, refuse, and the shoddy condition of the building. Ms. Yancher read part of a letter from Carl Monson, Executive Director of the Lynnhurst Healthcare Center, 471 Lynnhurst Avenue West, who wrote he is concerned about safery. Ms. Yancher also read part of a letter from Patti Abdella and Randy Zandt, who wrote they aze concerned about graffiti, drug dealing, prostitution, fighting, loitering, and safety. Christine Yancher also turned in copies of other letters. Linda and Nikolai Alenov, 1896 Feronia Avenue, and Vera Alenov, 1892 Feronia Avenue, wrote they are concerned about drug activity, prostitution, loitering, fighting, vandalism, and safety. Margaret Caziveau wrote that her son was stabbed while passing this building. Pat Devaney, M& J Auto Repair, 440 Prior Avenue North, wrote about refuse, high speed traffic leaving the parking lot, loud music, shouting, verbal disagreements, prostitution, drug dealings, police calls, and thefts. Craig and Elsie Fohrenkatmn, 442 Dewey West, wrote about the lack of improvement to the building, drug dealing, prostitution, safety, and refuse. Laura and David Madzo, 1880 Feronia Avenue, wrote about police calls, unsupervised chiidren, refuse, foot and car traffic at all hours, loitering, harassment, and prostitution. Ms. Yancher also turned in the following: a copy of a petition in opposition to °I �-��ZS PROPERTY CODE ENFORCEMENT NO'I'ES OF 12-15-98 Page 4 of 4 the appeal signed by 14 people, and lists of pol7ce calls showing 183 incidents for 1956 Feronia Avenue. Mary Sullivan, Program Director for Re-Entry Metro, 444 Lynnhurst Avenue West, appeared and stated Re-Entry Metro is a community conections haifway house for women. Staff do not feel safe working niglats. There has been a problem with fighting at 1956 Feronia Avenue. Women housed at Re-Entry Metro have purchased drugs from there. Officer Jill McRae, St. Paul Police Force Unit Officer, appeared and stated the Force Unit has an active file on 1956 Feronia Avenue. Some of the elderly tenants are too afraid to talk in the open, and wanted Ms. McRae to call them later. Patrick West-Hest, Ramsey County Attorney's Office, appeared and stated 1956 Feronia Avenue is a public nuisance property. There have been narcotic related arrests there. 7ames Swick has responded in writing to the Ramsey County Attomey's Office. Most of the responses have to do with health issues, his desire to protect tenants in need of low cost housing, and attempting to sell the building. Mr. West-Hest has requested a meeting with 7ames 3wick and his attorney, however, they never called to set up one. Mr. Swick did attend a landiord training class. James Swick stated he evicts tenants continually. The building attracts people who cannot find any place else to live. The building should be completely renovated to reduce the number of apartments and increase the quality of the apartments. This would cost approximatel� $150,000. Someone has been called about the fire alann. (Mr. Swick presented an invoice concerning the fire alarm to Pat Fish.) Mr. Swick has provided keys to the police and the sheriffs office so they can bave access to the building. Half the building is empty. Mr. Swick knows of a building that has potentiai renters submit to dtug tests. He may try that policy. Pat Fish stated she has looked at the invoice Mr. Swick handed her. There is no doubt some work was done. There needs to be verification as to what repairs were made. This invoice only proves someone was at the building for 30 minutes. It does not indicate what was fixed or what the ptoblem was, nor if the problem was conected. As for the elderly tenants, they are more concerned about their safety in the building instead of where they are going to go. Geiry Strathman denied the appeal based on 3 factors. 1) This appeal is not timely. The orders were issued on October 20, and there should be only ten days to appeal under the ordinance. Filing the appeal on Aecember 9 is too late; it should not have been accepted. 2) The orders are appropriate. Even James Swack has acknowledged that the conections listed are appropriate, and he has attempted to address them. 3) Mr. Swick has been given adequate time to address these orders. The actions of the Fire Department aze reasonable. The meeting was adjoumed at 2:26 p.m. rrrt OR1Glfi�iAL. rresentea Referred To Comtnittee DaTe 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the December 15, 2 1998, decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following 3 addresses: 4 5 6 7 8 9 10 11 12 13 Property Ap�ealed A�pellant 311 Walnut Street (Laid over from 11-17-98) Pat Gavin Decision: Laid over to the January 19, 1999, Property Code Enforcement meeting. 1201 Selby Avenue (L,aid over from 11-17-98) Patrick Donohue The corrections have been made. The appeal has been withdrawn. 1697 Margaret Street Anthony Schommer The notice of condemnation has been lifted. The appeal has been withdrawn. lA 281FifthStreetEast L�,',�dd�,� >'d ��„%i�. /9%�" 15 Decision: Appeal denied. 16 1956 Feronia Avenue 17 Decision: Appeal denied. !—�irl� ���1'J RESf3LUTION OF SAINT PAUL, MINNESOTA coun�u File # g_ 8-t\�� Green Sheet # 62262 �3 Paul Baillon for Baillon Company James Swick 1 Csreen Sheet 62262 �r�, t12 1 2 3 4 5 6 7 Blakey Coleman Harris Benanav Reiter Sostrom Ianay � ✓ ✓ ✓ ✓ ✓ ✓ Requested by Department of: � Form Appmved hy City Attoxney f� 3 3 Adopted by Council: 0 � 1 Adopflon Certified b 2 By: ` 3 Approved by � By: � Approved by Mayor for Subznission to Council � � City Council Gerry Strathman, 266-8560 December 23, 1998 DASE INRIRSED 12-16-98 ASSIGN NUYBERFdt RdiT1114' ORDF72 TOTAL # OF SIGNATURE PAGES GREEN SHEET ncrwietre�i owEtiart ��-�ta�s No 62262 i�n�rmm anoour.,. ❑ GiYAiTOWEY ❑ tlNttFMlf ❑ H4M4RI.�ERNCFi11R ❑ NYNCLL3EIN�KCIO ❑ WYOR(ORM06T1Yin ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approving the decision o£ the Legislative Hearing Officer on Property Code Enforcement AF for the December 15, 1998, mee[ing regarding the following addresses: 311 Wa1nuC Street, 1201 Selby Avenue, 1697 Margaret Street, 281 Fifth Street East, and 1956 Feronia Avenue. PLANNING COMMISSION CIB CAMMRTEE CMl SERVICE CAMMfSSION IFAPPROVEO Has tl� pereanlfirm ever wa(Iw_a wMer a cu�tm�tror uuc Eepa�tme�t4 YES NO HastlJx pe�EOn�rtn e+er heen a citY emploYee? YES NO Does this persoMml pocs¢ss a sidll not namallYP�sessetl bY any cuRmt city ertiploYeel VES NO Is ihis peBOnlTrm a[arpefetl vend0Y7 YES NO ���;';i�.{ �i� ^u';==.'C^ ��"n'Si �:, ' , ,,�'� � SOURCE COSTfREYENUE HUDQETED (WRCIH ON� ACTIVlTYNUI�ER YEE NO (FXPLNN) 13 °t �-��25 NOTE5 OF THE PROPERTY CODE ENFORCEMENT MEETING December 15, 1998 Room 330, Ciry Hali Geiry Strathman, L.egislative Heating O�cer STAFF PRESENT: Pat Cohanes, Public Works; Pat Fish, Fire Prevention; Maynard Vinge, Code Enforcement Gerry Strathman called the meeting to order at 1:32 p.m. 3ll Walnnt Street (L,aid over from 11-17-98) Maynard Vinge reported he has not met with the Gavins to do an inside inspection. Mr. Vinge has not received a notice from an electrician regarding the safety of the electrical system. He did meet with the Gavins a few minutes before this meeting. They have a tentative agreement to have an electrician visit, and for Mr. Vinge to get a copy of what is found. The Gavins would like additional time before the interior inspection. Mr. Vinge wouid like the electrical report to insure the safety of tbe unit. Then he is willing to extend time to the middle of January. Pat Gavin appeazed and stated he can get an electrical inspection. He has spent about $1,000 on dumpsters so faz. Gerry Strathman asked can this matter be finished by mid-Januazy. Mr. Gavin responded the exterior work has to be done when it is 50 degrees outside. Gerry Strathman laid this matter over to the January 19, 1999, Property Code Enforcement meeting. 1201 Selbv Avenue (I,aid over from 11-17-98) Gerry Strathman stated the requested conections have been made. The appeal has been withdrawn. 1697 Margaret Street Gerry Strathman stated the notice of condemnation has been lifted. The appeal has been withdrawn. 281 Fifth Street East Paul Baillon, Baillon Company, appeazed and stated he received a notice two years ago about disconnecting the rainleaders. Baillon Company has asked for and received several extensions while trying to develap the properiy. Mr. Baillon received a final notice saying the rainleaders have to be disconnected or the matter will be turned over to the City Attorney. Mr. Baiilon is here to appeal that letter. There aze four reasons why the rainieaders have not been disconnected. 1) Economic Hazdship - The bid is $22,100 to remove the rainleaders. Baillon Company has owned the building for about 20 yeazs, and it has been empty almost all that time. The building loses about $20,000 a year. 2) Baillon Company has appiied for a pernut to demolish the ��-� �ZS PROPERTY CODE ENFORCEMENT NOTES OF 12-15-98 Page 2 of 4 building, but the Heritage Preservation Commission and the City Council have denied tl�e reguest. 3) The Mayor's O�ce suggested Baillon Company reapply again with a more concrete plan for the buiiding after it is demolished. 4) There has not been a lot of precipitation this winter. If it freezes over the winter, there should not be much draining. The building is not heated, therefore it should not be meltina any water in the drain. Gerry Strathman asked about the status of reapplying for a demolition pemut. Paul Baillon responded he has been working on it since March. A survey has been done, and an azchitect has been hired to draw plans. Mr. Bailion has talked to a couple of contractors. One bid was not feasible. Others have not responded back with numbers. Mr. Baillon plans to move on to other contractors, however, the construction industry is busy right now. Pat Cohanes reported there has been talk of demolition since 1996. Public Works would like to see the properry demolished or the rainleaders disconnected. Paul Baillon had previously said that it would cost $20,000 to connect to the storm sewer and $10,000 to disconnect the ground. Mr. Cohanes suggested Mr. Baillon get additional bids from other contractors. Gerry Strathman denied the appeal. The City of Saint Paul was undez federal orders to disconnect all rainleaders in Saint Paul, and has been working on this problem for ten years. The language of the legislative code makes no provisions for exceptions. The only provision that gives any room to maneuver is authority for the City Council to grant additional time. Mr. Strathman remembers the City Council meeting in which the Council refused to grant the demolition pernut. Given the history of this program, the City ordinance, and the agreement with the federal government, it would not be a good faith action to grant addifional time. 1956 Feronia Avenue 7ames Swick, owner, appeazed and stated he is appealing the revocation of the condemnation. He is also asking for additional time. He Is concemed about his elderly tenants and the tenants that aze under Section 8 housing. Mr. Swick received 13 pages of work orders from Pat Fish. A lot of it has been done, and he is continuing to do more. Mr. Swick agrees the items on the work arder need to be corrected. He has completed a set of work orders from June from the Fire Department, and received a temporary work peimit. There was an apartment by apartment inspection. With a new set of work orders, it has caused some financial stress. The tenants that want to stay are doing some of the work themselves. There are 19 units. Six tenants have moved out. The problematic tenants have been evicted. The previous owner had been difficult, and did not do many of the repairs he was asked to do. As soon as Mr. Swick purchased the property in February 1997, he asked for another occupancy pernut in May 1997. After purchasing the property, Mr. Swick suffered from some medical problems, which has changed his lifestyle and capacity to do his job. The property is now for sale. Pat Fish reported she has a letter dated August 21, in which she revoked the certificate of occupancy for non compliance. The properry is not condemned, however, tomorrow is the re- inspection. Originally, Ms. Fish investigated a complaint in June 1998. She went back in July �1 �-\\Z5 PROPERTY CODE ENFORCEMEN'I' NOTES OF 12-15-98 Page 3 of 4 for the re-inspecrion. In August, there was another letter revoking the certificate because the work had not been done. The building was in a deteriorated situation. In September, there was another appointment, and the owner did not show up. The caretaker said he was not able to make the repairs. That cuetaker also admitted he had been tuining off the fire alarm system when it activates. This is dangerous with a 3 story, 19 unit building, and it was discussed with the caretaker. Ms. Fish went through the building again on Octobez 13, and lifted the condemnation, but she could not restore the certificate of occupancy until the units and other azeas of the building were up to code. The police went with Ms. Fish on two inspections. Ms. Fish stated the last time she was at the building was for a re-inspection on November 24. No one showed up for the appointment, but the maintenance person immediately came over, and went through the building with her. She started on the third floor with the orders from the October 20 letter. None of the items had been completed. Rather than improvements, there was a lot of damage in the basement: someone had broken in and put holes in the wall, the windows were broken, and a fire had been started next to a sofa that the owner had been told to remove months before. The fire alarm system panel was silent and disabled. Ms. Fish told the manager the work had not been done, she was alanned at the situation in the basement, and she thought the tenants were at risk. The manager was told—and a message was left at Mr. Swick's home—that he needed to get the fire alarm system operable within 24 hours, and to fax a copy of the repair order to her from a licensed fire alarm company. Ms. Fish has not received that documentation. Between June and November 24, there was ample time to make the corrections. It was a lengthy list, but it continued to get lena hy because the situation was deteriorating rather than getting better. Christine Yancher, Crime Prevention Coordinator far the Meniam Park Community Council, appeared and stated she has been working with the neighborhood. Ms. Yancher read a letter from Paul Given, 1862 Feronia Avenue #8, who wrote he was concerned about safety, loitering, refuse, and the shoddy condition of the building. Ms. Yancher read part of a letter from Carl Monson, Executive Director of the Lynnhurst Healthcare Center, 471 Lynnhurst Avenue West, who wrote he is concerned about safery. Ms. Yancher also read part of a letter from Patti Abdella and Randy Zandt, who wrote they aze concerned about graffiti, drug dealing, prostitution, fighting, loitering, and safety. Christine Yancher also turned in copies of other letters. Linda and Nikolai Alenov, 1896 Feronia Avenue, and Vera Alenov, 1892 Feronia Avenue, wrote they are concerned about drug activity, prostitution, loitering, fighting, vandalism, and safety. Margaret Caziveau wrote that her son was stabbed while passing this building. Pat Devaney, M& J Auto Repair, 440 Prior Avenue North, wrote about refuse, high speed traffic leaving the parking lot, loud music, shouting, verbal disagreements, prostitution, drug dealings, police calls, and thefts. Craig and Elsie Fohrenkatmn, 442 Dewey West, wrote about the lack of improvement to the building, drug dealing, prostitution, safety, and refuse. Laura and David Madzo, 1880 Feronia Avenue, wrote about police calls, unsupervised chiidren, refuse, foot and car traffic at all hours, loitering, harassment, and prostitution. Ms. Yancher also turned in the following: a copy of a petition in opposition to °I �-��ZS PROPERTY CODE ENFORCEMENT NO'I'ES OF 12-15-98 Page 4 of 4 the appeal signed by 14 people, and lists of pol7ce calls showing 183 incidents for 1956 Feronia Avenue. Mary Sullivan, Program Director for Re-Entry Metro, 444 Lynnhurst Avenue West, appeared and stated Re-Entry Metro is a community conections haifway house for women. Staff do not feel safe working niglats. There has been a problem with fighting at 1956 Feronia Avenue. Women housed at Re-Entry Metro have purchased drugs from there. Officer Jill McRae, St. Paul Police Force Unit Officer, appeared and stated the Force Unit has an active file on 1956 Feronia Avenue. Some of the elderly tenants are too afraid to talk in the open, and wanted Ms. McRae to call them later. Patrick West-Hest, Ramsey County Attorney's Office, appeared and stated 1956 Feronia Avenue is a public nuisance property. There have been narcotic related arrests there. 7ames Swick has responded in writing to the Ramsey County Attomey's Office. Most of the responses have to do with health issues, his desire to protect tenants in need of low cost housing, and attempting to sell the building. Mr. West-Hest has requested a meeting with 7ames 3wick and his attorney, however, they never called to set up one. Mr. Swick did attend a landiord training class. James Swick stated he evicts tenants continually. The building attracts people who cannot find any place else to live. The building should be completely renovated to reduce the number of apartments and increase the quality of the apartments. This would cost approximatel� $150,000. Someone has been called about the fire alann. (Mr. Swick presented an invoice concerning the fire alarm to Pat Fish.) Mr. Swick has provided keys to the police and the sheriffs office so they can bave access to the building. Half the building is empty. Mr. Swick knows of a building that has potentiai renters submit to dtug tests. He may try that policy. Pat Fish stated she has looked at the invoice Mr. Swick handed her. There is no doubt some work was done. There needs to be verification as to what repairs were made. This invoice only proves someone was at the building for 30 minutes. It does not indicate what was fixed or what the ptoblem was, nor if the problem was conected. As for the elderly tenants, they are more concerned about their safety in the building instead of where they are going to go. Geiry Strathman denied the appeal based on 3 factors. 1) This appeal is not timely. The orders were issued on October 20, and there should be only ten days to appeal under the ordinance. Filing the appeal on Aecember 9 is too late; it should not have been accepted. 2) The orders are appropriate. Even James Swack has acknowledged that the conections listed are appropriate, and he has attempted to address them. 3) Mr. Swick has been given adequate time to address these orders. The actions of the Fire Department aze reasonable. The meeting was adjoumed at 2:26 p.m. rrrt OR1Glfi�iAL. rresentea Referred To Comtnittee DaTe 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the December 15, 2 1998, decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following 3 addresses: 4 5 6 7 8 9 10 11 12 13 Property Ap�ealed A�pellant 311 Walnut Street (Laid over from 11-17-98) Pat Gavin Decision: Laid over to the January 19, 1999, Property Code Enforcement meeting. 1201 Selby Avenue (L,aid over from 11-17-98) Patrick Donohue The corrections have been made. The appeal has been withdrawn. 1697 Margaret Street Anthony Schommer The notice of condemnation has been lifted. The appeal has been withdrawn. lA 281FifthStreetEast L�,',�dd�,� >'d ��„%i�. /9%�" 15 Decision: Appeal denied. 16 1956 Feronia Avenue 17 Decision: Appeal denied. !—�irl� ���1'J RESf3LUTION OF SAINT PAUL, MINNESOTA coun�u File # g_ 8-t\�� Green Sheet # 62262 �3 Paul Baillon for Baillon Company James Swick 1 Csreen Sheet 62262 �r�, t12 1 2 3 4 5 6 7 Blakey Coleman Harris Benanav Reiter Sostrom Ianay � ✓ ✓ ✓ ✓ ✓ ✓ Requested by Department of: � Form Appmved hy City Attoxney f� 3 3 Adopted by Council: 0 � 1 Adopflon Certified b 2 By: ` 3 Approved by � By: � Approved by Mayor for Subznission to Council � � City Council Gerry Strathman, 266-8560 December 23, 1998 DASE INRIRSED 12-16-98 ASSIGN NUYBERFdt RdiT1114' ORDF72 TOTAL # OF SIGNATURE PAGES GREEN SHEET ncrwietre�i owEtiart ��-�ta�s No 62262 i�n�rmm anoour.,. ❑ GiYAiTOWEY ❑ tlNttFMlf ❑ H4M4RI.�ERNCFi11R ❑ NYNCLL3EIN�KCIO ❑ WYOR(ORM06T1Yin ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Approving the decision o£ the Legislative Hearing Officer on Property Code Enforcement AF for the December 15, 1998, mee[ing regarding the following addresses: 311 Wa1nuC Street, 1201 Selby Avenue, 1697 Margaret Street, 281 Fifth Street East, and 1956 Feronia Avenue. PLANNING COMMISSION CIB CAMMRTEE CMl SERVICE CAMMfSSION IFAPPROVEO Has tl� pereanlfirm ever wa(Iw_a wMer a cu�tm�tror uuc Eepa�tme�t4 YES NO HastlJx pe�EOn�rtn e+er heen a citY emploYee? YES NO Does this persoMml pocs¢ss a sidll not namallYP�sessetl bY any cuRmt city ertiploYeel VES NO Is ihis peBOnlTrm a[arpefetl vend0Y7 YES NO ���;';i�.{ �i� ^u';==.'C^ ��"n'Si �:, ' , ,,�'� � SOURCE COSTfREYENUE HUDQETED (WRCIH ON� ACTIVlTYNUI�ER YEE NO (FXPLNN) 13 °t �-��25 NOTE5 OF THE PROPERTY CODE ENFORCEMENT MEETING December 15, 1998 Room 330, Ciry Hali Geiry Strathman, L.egislative Heating O�cer STAFF PRESENT: Pat Cohanes, Public Works; Pat Fish, Fire Prevention; Maynard Vinge, Code Enforcement Gerry Strathman called the meeting to order at 1:32 p.m. 3ll Walnnt Street (L,aid over from 11-17-98) Maynard Vinge reported he has not met with the Gavins to do an inside inspection. Mr. Vinge has not received a notice from an electrician regarding the safety of the electrical system. He did meet with the Gavins a few minutes before this meeting. They have a tentative agreement to have an electrician visit, and for Mr. Vinge to get a copy of what is found. The Gavins would like additional time before the interior inspection. Mr. Vinge wouid like the electrical report to insure the safety of tbe unit. Then he is willing to extend time to the middle of January. Pat Gavin appeazed and stated he can get an electrical inspection. He has spent about $1,000 on dumpsters so faz. Gerry Strathman asked can this matter be finished by mid-Januazy. Mr. Gavin responded the exterior work has to be done when it is 50 degrees outside. Gerry Strathman laid this matter over to the January 19, 1999, Property Code Enforcement meeting. 1201 Selbv Avenue (I,aid over from 11-17-98) Gerry Strathman stated the requested conections have been made. The appeal has been withdrawn. 1697 Margaret Street Gerry Strathman stated the notice of condemnation has been lifted. The appeal has been withdrawn. 281 Fifth Street East Paul Baillon, Baillon Company, appeazed and stated he received a notice two years ago about disconnecting the rainleaders. Baillon Company has asked for and received several extensions while trying to develap the properiy. Mr. Baillon received a final notice saying the rainleaders have to be disconnected or the matter will be turned over to the City Attorney. Mr. Baiilon is here to appeal that letter. There aze four reasons why the rainieaders have not been disconnected. 1) Economic Hazdship - The bid is $22,100 to remove the rainleaders. Baillon Company has owned the building for about 20 yeazs, and it has been empty almost all that time. The building loses about $20,000 a year. 2) Baillon Company has appiied for a pernut to demolish the ��-� �ZS PROPERTY CODE ENFORCEMENT NOTES OF 12-15-98 Page 2 of 4 building, but the Heritage Preservation Commission and the City Council have denied tl�e reguest. 3) The Mayor's O�ce suggested Baillon Company reapply again with a more concrete plan for the buiiding after it is demolished. 4) There has not been a lot of precipitation this winter. If it freezes over the winter, there should not be much draining. The building is not heated, therefore it should not be meltina any water in the drain. Gerry Strathman asked about the status of reapplying for a demolition pemut. Paul Baillon responded he has been working on it since March. A survey has been done, and an azchitect has been hired to draw plans. Mr. Bailion has talked to a couple of contractors. One bid was not feasible. Others have not responded back with numbers. Mr. Baillon plans to move on to other contractors, however, the construction industry is busy right now. Pat Cohanes reported there has been talk of demolition since 1996. Public Works would like to see the properry demolished or the rainleaders disconnected. Paul Baillon had previously said that it would cost $20,000 to connect to the storm sewer and $10,000 to disconnect the ground. Mr. Cohanes suggested Mr. Baillon get additional bids from other contractors. Gerry Strathman denied the appeal. The City of Saint Paul was undez federal orders to disconnect all rainleaders in Saint Paul, and has been working on this problem for ten years. The language of the legislative code makes no provisions for exceptions. The only provision that gives any room to maneuver is authority for the City Council to grant additional time. Mr. Strathman remembers the City Council meeting in which the Council refused to grant the demolition pernut. Given the history of this program, the City ordinance, and the agreement with the federal government, it would not be a good faith action to grant addifional time. 1956 Feronia Avenue 7ames Swick, owner, appeazed and stated he is appealing the revocation of the condemnation. He is also asking for additional time. He Is concemed about his elderly tenants and the tenants that aze under Section 8 housing. Mr. Swick received 13 pages of work orders from Pat Fish. A lot of it has been done, and he is continuing to do more. Mr. Swick agrees the items on the work arder need to be corrected. He has completed a set of work orders from June from the Fire Department, and received a temporary work peimit. There was an apartment by apartment inspection. With a new set of work orders, it has caused some financial stress. The tenants that want to stay are doing some of the work themselves. There are 19 units. Six tenants have moved out. The problematic tenants have been evicted. The previous owner had been difficult, and did not do many of the repairs he was asked to do. As soon as Mr. Swick purchased the property in February 1997, he asked for another occupancy pernut in May 1997. After purchasing the property, Mr. Swick suffered from some medical problems, which has changed his lifestyle and capacity to do his job. The property is now for sale. Pat Fish reported she has a letter dated August 21, in which she revoked the certificate of occupancy for non compliance. The properry is not condemned, however, tomorrow is the re- inspection. Originally, Ms. Fish investigated a complaint in June 1998. She went back in July �1 �-\\Z5 PROPERTY CODE ENFORCEMEN'I' NOTES OF 12-15-98 Page 3 of 4 for the re-inspecrion. In August, there was another letter revoking the certificate because the work had not been done. The building was in a deteriorated situation. In September, there was another appointment, and the owner did not show up. The caretaker said he was not able to make the repairs. That cuetaker also admitted he had been tuining off the fire alarm system when it activates. This is dangerous with a 3 story, 19 unit building, and it was discussed with the caretaker. Ms. Fish went through the building again on Octobez 13, and lifted the condemnation, but she could not restore the certificate of occupancy until the units and other azeas of the building were up to code. The police went with Ms. Fish on two inspections. Ms. Fish stated the last time she was at the building was for a re-inspection on November 24. No one showed up for the appointment, but the maintenance person immediately came over, and went through the building with her. She started on the third floor with the orders from the October 20 letter. None of the items had been completed. Rather than improvements, there was a lot of damage in the basement: someone had broken in and put holes in the wall, the windows were broken, and a fire had been started next to a sofa that the owner had been told to remove months before. The fire alarm system panel was silent and disabled. Ms. Fish told the manager the work had not been done, she was alanned at the situation in the basement, and she thought the tenants were at risk. The manager was told—and a message was left at Mr. Swick's home—that he needed to get the fire alarm system operable within 24 hours, and to fax a copy of the repair order to her from a licensed fire alarm company. Ms. Fish has not received that documentation. Between June and November 24, there was ample time to make the corrections. It was a lengthy list, but it continued to get lena hy because the situation was deteriorating rather than getting better. Christine Yancher, Crime Prevention Coordinator far the Meniam Park Community Council, appeared and stated she has been working with the neighborhood. Ms. Yancher read a letter from Paul Given, 1862 Feronia Avenue #8, who wrote he was concerned about safety, loitering, refuse, and the shoddy condition of the building. Ms. Yancher read part of a letter from Carl Monson, Executive Director of the Lynnhurst Healthcare Center, 471 Lynnhurst Avenue West, who wrote he is concerned about safery. Ms. Yancher also read part of a letter from Patti Abdella and Randy Zandt, who wrote they aze concerned about graffiti, drug dealing, prostitution, fighting, loitering, and safety. Christine Yancher also turned in copies of other letters. Linda and Nikolai Alenov, 1896 Feronia Avenue, and Vera Alenov, 1892 Feronia Avenue, wrote they are concerned about drug activity, prostitution, loitering, fighting, vandalism, and safety. Margaret Caziveau wrote that her son was stabbed while passing this building. Pat Devaney, M& J Auto Repair, 440 Prior Avenue North, wrote about refuse, high speed traffic leaving the parking lot, loud music, shouting, verbal disagreements, prostitution, drug dealings, police calls, and thefts. Craig and Elsie Fohrenkatmn, 442 Dewey West, wrote about the lack of improvement to the building, drug dealing, prostitution, safety, and refuse. Laura and David Madzo, 1880 Feronia Avenue, wrote about police calls, unsupervised chiidren, refuse, foot and car traffic at all hours, loitering, harassment, and prostitution. Ms. Yancher also turned in the following: a copy of a petition in opposition to °I �-��ZS PROPERTY CODE ENFORCEMENT NO'I'ES OF 12-15-98 Page 4 of 4 the appeal signed by 14 people, and lists of pol7ce calls showing 183 incidents for 1956 Feronia Avenue. Mary Sullivan, Program Director for Re-Entry Metro, 444 Lynnhurst Avenue West, appeared and stated Re-Entry Metro is a community conections haifway house for women. Staff do not feel safe working niglats. There has been a problem with fighting at 1956 Feronia Avenue. Women housed at Re-Entry Metro have purchased drugs from there. Officer Jill McRae, St. Paul Police Force Unit Officer, appeared and stated the Force Unit has an active file on 1956 Feronia Avenue. Some of the elderly tenants are too afraid to talk in the open, and wanted Ms. McRae to call them later. Patrick West-Hest, Ramsey County Attorney's Office, appeared and stated 1956 Feronia Avenue is a public nuisance property. There have been narcotic related arrests there. 7ames Swick has responded in writing to the Ramsey County Attomey's Office. Most of the responses have to do with health issues, his desire to protect tenants in need of low cost housing, and attempting to sell the building. Mr. West-Hest has requested a meeting with 7ames 3wick and his attorney, however, they never called to set up one. Mr. Swick did attend a landiord training class. James Swick stated he evicts tenants continually. The building attracts people who cannot find any place else to live. The building should be completely renovated to reduce the number of apartments and increase the quality of the apartments. This would cost approximatel� $150,000. Someone has been called about the fire alann. (Mr. Swick presented an invoice concerning the fire alarm to Pat Fish.) Mr. Swick has provided keys to the police and the sheriffs office so they can bave access to the building. Half the building is empty. Mr. Swick knows of a building that has potentiai renters submit to dtug tests. He may try that policy. Pat Fish stated she has looked at the invoice Mr. Swick handed her. There is no doubt some work was done. There needs to be verification as to what repairs were made. This invoice only proves someone was at the building for 30 minutes. It does not indicate what was fixed or what the ptoblem was, nor if the problem was conected. As for the elderly tenants, they are more concerned about their safety in the building instead of where they are going to go. Geiry Strathman denied the appeal based on 3 factors. 1) This appeal is not timely. The orders were issued on October 20, and there should be only ten days to appeal under the ordinance. Filing the appeal on Aecember 9 is too late; it should not have been accepted. 2) The orders are appropriate. Even James Swack has acknowledged that the conections listed are appropriate, and he has attempted to address them. 3) Mr. Swick has been given adequate time to address these orders. The actions of the Fire Department aze reasonable. The meeting was adjoumed at 2:26 p.m. rrrt