Legislative Hearings

15 West Kellogg Blvd. City of Saint Paul Saint Paul, MN 55102 Minutes - Final Legislative Hearings Marcia Moermond, Legislative Hearing Officer Mai Vang, Hearing Coordinator Jean Birkholz, Hearing Secretary legislativehearings@ci.stpaul.mn.us 651-266-8585 Tuesday, November 10, 2015 9:00 AM Room 330 City Hall & Court House 9:00 a.m. Hearings Remove/Repair Orders 1 RLH RR 15-13 Ordering the razing and removal of the structures at 870 FULLER AVENUE within fifteen (15) days after the June 3, 2015, City Council Public Hearing. (Amended to grant 15 days removal of the structure) Sponsors: Thao To be referred to December 8 Legislative Hearing and continue the Public Hearing to December 16. Andy Barnett, NeighborWorks, appeared. Ms. Moermond: -got Mr. Barnett's email yesterday (attached) and has given it some thought; you indicated the difficulty getting an attorney to probate this or to do a quiet title, which is also an option; you had an attorney say that it may not be the best option for these circumstances -without having gotten thru the legal steps that you need to take, no one is going to want to rehab this property, obviously; and she is not willing to wait until spring or summer of 2016 when a legal clinic is completed -needs Mr. Barnett to go to his Board of Directors and get clearance to spend money to actually hire an attorney to do this work; the board needs to do a resolution saying that they will spend the necessary funds to either do the quiet title or take probate action on this; also, to indicate that they are willing to facilitate the rehabilitation of this property; then, we'll have a better idea of how much time this will take; meet with that attorney ASAP Mr. Barnett: -next board meeting is next week Ms. Moermond: -let's talk again Dec 8, 2015 LH; and you will have had a chance to get the board's resolution done but also to have met with an attorney and have a plan of attack on this including some deadlines; with that, we can continue to sort thru this Referred to the City Council due back on 11/18/2015 2 RLH RR 15-40 Ordering the rehabilitation or razing and removal of the structures at City of Saint Paul Page 1 Legislative Hearings Minutes - Final November 10, 2015 719 PAYNE AVENUE within fifteen (15) days after the November 4, 2015, City Council Public Hearing. (To be referred back to January 12, 2016 Legislative Hearing and continue the Public Hearing to January 20, 2016) Sponsors: Finney Abdiwoli Ali and Abdirahman Ali, Alka Inc, owner, appeared; also, Rich Thomasgard, African Development Center, appeared. Ms. Moermond: -we talked about this; it went to City Council for public hearing -now, we are looking at actual re-development plans and getting this processed thru for a loan Inspector Steve Magner, Vacant Buildings -read Oct 28th letter from Mai Vang into the record (attached) -at the last hearing, we were looking for additional information and we also needed a jump start on the planning from the subsequent agencies that will work with the purchasers of the property Mr. Ali: -we are working with the architect, Peter Kramer -we contacted zoning and they told us that we don't need a site plan Mr. Thomasgard: -have accomplished a lot in the last 2 weeks: contacted government agencies to find out what the requirements are (zoning-Tom Beach told them that they needed to submit a parking plan, either on their photo or survey; no site plan needed; Mr. Ali found a survey from former owners and our architect, who's not charging for this development feasibility work, prepared a preliminary parking plan -not finaled; there's no required number of parking spaces; the Zoning Administrator also said that, based on the proposed use, the current zoning is OK -talked to Jenna, MPCA to verify the process of removing the tanks; Mr. Ali has a good bid from ____, a tank removal contractor; Jenna said that they would be a good contractor to do this work; estimate: $10,900 -the architect said not to do anything with the roof; you'd be wasting money; it's been sitting empty for a long time and it won't make any difference; the shell needs to be fixed and he contacted Flannery Construction; together the architect and construction company estimated that the rehab would cost about $150/sq.ft; it's 1500 sq.ft. so it would be $225,000 plus the cost of removing the tanks plus fixturing the store, etc -now, we need to figure out how to pull this all together -Mr. Ali is working with the African Development Center -his group does loans, not grants; they are considering doing a loan; Ali and his family will need to bring equity to the deal and he is working on raising additional equity from investors -he has talked with Dan Bayers, PED, to see if the City of St. Paul would be a possible financing source -Mr. Ali is working on contacting District 5 to see what kind of neighborhood support is available -hopes to arrange a meeting with his boss and Mr. Ali's group to talk about how this financing can come together; will look at cash flow projections, etc. Ms. Moermond: -questions whether the business will generate sufficient income to support the debt load City of Saint Paul Page 2 Legislative Hearings Minutes - Final November 10, 2015 Mr. Magner: -concerned that the cost for that location is probably not the most economically feasible -the city has a lot of empty store fronts that are much closer to being up and ready to go; there are other store fronts on Payne Ave Mr. Thomasgard: -Mr. Ali has other bids that are less than Flannery's; wants Architect Kramer to take a look at those bids to make sure they include everything that needs to be done to this bldg -and the bldg is paid for; they paid $39,000 cash Mr. Magner: -the city's original estimate was on the low side; minimum of $100,000 to get the building back up and operational; realistically, he thinks it will be in the range of $150,000 - $200,000 Amy Spong, Heritage Preservation Commission (HPC): -wants to if the $150/sq.ft. estimate had a contingency built into it, and what percentage that contingency was? And, is it reasonable; the purchase price isn't built into that either Mr. Thomasgard: -doesn't know what the percentage was Ms. Moermond: -the land is estimated by Ramsey County to be valued at $158,000; should be factored in also -will Lay this Over for 2 weeks to LH Nov 24; City Council Public Hearing on Dec 2, 2015 -she is looking for your board information, financing information (resources: North East Neighborhood Development Corporation (NEDA), Chuck Repke, Executive Director; and East Side Neighborhood Development Corporation) Mr. Thomasgard: -in 2 weeks, they can have an outline of a proforma (how much it's going to cost and where we're going to get the money from; ideally, some cash flow projections) Ms. Moermond: -is looking for a tangible condition that can be placed on this project so that we can see that there's continued commitment to it; and that it makes sense that she's looking for a draft proforma - in order to go to the City Council to ask for additional time; the very least, a cash flow analysis (will this pay for itself or do we need to be doing another set of plans) Laid Over to the Legislative Hearings due back on 11/24/2015 3 RLH RR 15-43 Ordering the rehabilitation or razing and removal of the structures at 1335 BARCLAY STREET within fifteen (15) days after the December 2, 2015, City Council Public Hearing. (Amended to grant 5 days for razing and removal) Sponsors: Bostrom Mike Schleisman, appeared representing Ocwen Loan Servicing, the mortgage servicer - first mortgage lien held by US Bank City of Saint Paul Page 3 Legislative Hearings Minutes - Final November 10, 2015 Ms. Moermond: -owner is listed as David Alexander (deceased) -all these are listed: -Marabella Mortgage LLC -Ocwen -US Bank -Residential Funding LLC -Altisource Portfolio Solutions Mr. Schleisman: -Residential Funding was a former holder of that mortgage, came after Marabella -Altisource is the primary vendor that Ocwen uses to handle issues such as this, etc. -thinks that Marabella was the originator of the mortgage -US Bank is technically the trustee for the trust that actually holds the mortgage Inspector Steve Magner, Vacant Buildings: The building is a one and one-half story, wood frame, duplex with a detached two-stall garage on a lot of 10,019 square feet. According to our files, it has been a vacant building since May 7, 2013. The current property owner is David W. Alexander (deceased) per AMANDA and Ramsey County Property records. On July 29, 2015 an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed and photographs were taken. An ORDER TO ABATE A NUISANCE BUILDING was posted on September 18, 2015 with a compliance date of October 8, 2015. As of this date, the property remains in a condition which comprises a nuisance as defined by the legislative code. Taxation has placed an estimated market value of $18,500 on the land and $88,900 on the building. Real estate taxes are current. The Vacant Building registration fee was paid by check on June 3, 2015. As of November 9, 2015, a Code Compliance Inspection has not been done (note: an application was submitted on September 30, 2015 but the inspection has not yet been done). DSI does not have a lock box combination As of November 9, 2015, the $5,000 performance deposit has not been posted. There was fifteen (15) SUMMARY ABATEMENT NOTICES since 2013. There was fourteen (14) WORK ORDER issued for: - Garbage/rubbish - Boarding/securing - Grass/weeds - Snow/ice - Other – dead tree in yard Code Enforcement Officers estimate the cost to repair this structure exceeds $50,000. The estimated cost to demolish exceeds $10,000. DSI, Division of Code Enforcement Resolution submitted for consideration orders the property owner to repair or remove this structure within fifteen (15) days; if not the resolution authorizes the Division of Code Enforcement to demolish and assess the costs to the property. Ms. Moermond: -asked how this came to DSI's attention Mr. Magner: -this property came to our attention on May 7, 2013 from a complaint by SPPD, who went out and removed a bunch of squatters from the property; the building was then boarded; numerous violations were listed; they opened a Category 2 Vacant Building City of Saint Paul Page 4 Legislative Hearings Minutes - Final November 10, 2015 -Mr. Alexander died Aug 3, 2012 -complaints started coming in after Sep 2012; previous to that, there really were no complaints at this property -building permit in 2011 Mr. Schleisman: -US Bank wants to rehab the property; code compliance inspection application was submitted well over 1 month ago -he's working to get the lock box code; is aware of the $5,000 performance deposit and commitment to funding; his client is committed to doing the rehab -contractors have gone thru the building and provided an evaluation, which his client has accepted Amy Spong, Heritage Preservation Commission (HPC): -1913 1 1/2 story bungalow with some classical revival detaining -original owner: A. Freiburger; have no record of contractor/builder listed on the index card -built with cross gabled hipped roof per 1913 building permit -there was also work done in 1934 -siding on 2nd story and garage are not a traditional 1913 application (untreated vertical board and batten) -alterations: 2nd story siding and casement windows -porch does retain original arched openings - have been infilled; might be original windows in the arched openings -some dental molding all around on the porch and some bead board; also a leaded glass window in the transom behind the porch that has survived; recommends board the house on both sides so that the leaded glass doesn't walk away -is across the street from a small auto garage on the triangular point where Barclay and Prosperity meet -this are was probably not very developed in the 1900 teens, when this was built; there was a lot of open space; a lot of infill development from the 40s and 50s; even later; a mixed of eras is represented -SHPO-property is not eligible for listing on national register or part of an identified historic district -last survey work done in this neighborhood was in 1983 and that survey did not focus on the Greater East Side neighborhoods -does not have potential as an historic resource Mr. Schleisman: -there's a foreclosure sale scheduled for early Jan 2016; his client is not the record holder for this property; they have stepped in because Mr. Alexander passed away and were unable to determine any heirs or next of kin; the property was secured or attempted to be secured by his client -they wrapped up a quiet title action on this property; hence, the reason for all of the named parties for the Notices; there were some defects on title - issues that needed to be addressed and corrected, which put forth a 9-month delay to conclude that action -his firm was referred this in late 2013; a couple months thereafter, quite title action commenced; the scheduling of foreclosure just took place within the last few days -five weeks after the Jan sale, his client would be the record holder after seeking the shortened redemption period -the foreclosure action would not have cleared the title because the issue was the assignment chain of the mortgage; they proceeded with the quiet title action to correct the chain of the mortgage; once that's corrected, full steam ahead Mr. Magner: City of Saint Paul Page 5 Legislative Hearings Minutes - Final November 10, 2015 -important to have documentation of commitment from US Bank early on - that they know they're going to have to spend $75,000 - $100,000 to rehabilitate the structure and that they are willing to commit those funds prior to the end of the final week of redemption Ms. Moermond: -the VB fee has been paid; code compliance inspection has been applied for on Sep 30, 2015 -get the $5,000 performance deposit posted -get the lock box combination shared with DSI -maintain the property -she'd also like to see a contractor's bid, which will be modified when code compliance inspection report comes thru -get a timeline in place, too; whole thing should be done in 180 days; if not, the $5,000 deposit will be forfeited Mr. Schleisman: -he will do everything that he can to move the process along Ms. Moermond: -get all the above stated in by Nov 30, 2015 -City Council Public Hearing Dec 2, 2015 Referred to the City Council due back on 12/2/2015 4 SR 15-113 Reviewing request for Council to reconsider its Order to Remove or Repair the Structures at 929 SEVENTH STREET WEST. Sponsors: Thune Gary Fabel, Real Estate Agent, Coldwell Banker, appeared. Mr. Fabel: -list this property Apr 27, 2015 after the previous owner had sold the building to Andre Stouvenall on Contract for Deed back in Jan 2014; he gave them a down payment and a Contract for Deed was prepared but he did not conform to the terms of that sale or the terms of the contract; the building was redeemed by the owner on May 15, 2015. Tom Hanten called him and said that he had to sell the building; now, Hank has taken over -a structural report was done back in 2010 Ms. Moermond: -Hank Hanten has been sitting in that chair since the first hearing that she conducted years ago -Tom's Antique Shop was so full of stuff in 2010 that it was a dangerous structure -reminded Mr. Fable that he's marketing a property with a Demo Order on it (Apr 2015) Inspector Steve Magner, Vacant Buildings: -Oct 1, 2013, the Order to Abate a Nuisance Building was sent out to Thomas Hanten and Hank Hanten -it's been his impression thru these hearings (original LH Dec 10, 2013) that Hank has been the person who has represented this property more so than Tom; Hank had financial interest in it; Tom was the owner of record Ms. Moermond: -ownership transferred to Hank Hanten the day of the City Council Public Hearing City of Saint Paul Page 6 Legislative Hearings Minutes - Final November 10, 2015 Sep 16, 2015 Mr. Fabel: -his mother took tickets at the Old Garden Theater when she was 16 years old; he has a community feel for this; he does most of his work on this side of the river -the reason he is here is that Tom put it on the market for $300,000, which was way out of line; finally, he just told people to make an offer - not to worry about the asking price; at some point, they got the price down to $199,000 - maybe Jun; over the summer, there was some activity (Dave Wickiser, Paulette, etc.); however, what she wanted to do didn't fly with DSI -another person was and remains interested; they have a place on Grand Ave but there's nothing in writing from them -he is here to say that since the price was reduced when Hank took ownership and Hank made Tom deed out (has paperwork), he is working solely with Hank -they have an offer that he has been working on since last week that he put together over the weekend; he met with Craig Cohen yesterday (Schmidt Brewery); he has a Purchase Agreement and an earnest money check -Hank is not here because he had to be out of town, unexpectedly; he'll be back in town Thu, Nov 12 and they will go over the contract at that time -Craig made a low offer that he thinks will be considered seriously by Hank; however, the offer is non-contingent - no plans - no ideas but he is very capable of getting a roof on it and getting it buttoned-up to the city's specifications Ms. Moermond: -all plans, now, all plans need to come forward under applications for permits -it doesn't make sense to do a code compliance inspection on an empty box Mr. Fabel: -since the price was dropped to $125,000, there's been renewed interest and he's been there sometimes twice a day everyday, Mon - Sat, even a Sun in the last 3-4 weeks; he's meeting contractors, clients with contractors, clients with architects, two bankers, etc; at least, two of these parties, not counting Craig Cohen, have been to Planning, Zoning, and have asked questions about what the city would like to have happen at that building -he's representing Hank, at this point and asks for a little extra time to work this out with Craig Cohen; Hank will probably have a response by Fri; but more so, because he's been in that building with a lot of people since last summer and especially, these last 3-4 weeks Ms. Moermond: -City Council gave Mr. Stouvenall 180 days to rehab; nothing was done -the City Council voted to reject Hank Hanten's last proposal; we met here last to discuss Wickiser's client's and nothing's been done -Mr. Magner has a Resolution from City Council to remove the building today and a contractor has already been hired; the only thing left if to send them a Notice to proceed Mr. Fabel: -as a realtor, a St. Paulite and the fact that he doesn't like to see buildings destroyed or trees cut down, etc; he's into preservation and he hope to preserve and renovate, rehab properties as opposed to tearing them down unless they are absolute shacks -he's been in the building with enough roofers and contractors who say that it will be expensive but the building is structurally sound and the roof will be cost $40,000 - $45,000 Ms. Moermond: City of Saint Paul Page 7 Legislative Hearings Minutes - Final November 10, 2015 -thinks that an actual structural analysis of the building hasn't been done; only a structural review, which is hundreds of dollars cheaper than the analysis -she has no history with Mr. Cohen doing rehabs; there's no signed Purchase Agreement, etc; she needs to see a commitment to fixing the building Mr. Fabel: -can we have until the end of the week to see if this is acceptable to Hank when he gets back in town? Ms. Moermond: -get me a Purchase Agreement by next Tue, Nov 17, 2015 and she'll talk it over with Mr. Magner; at that time, they can schedule additional hearings, if they're warranted Amy Spong, Heritage Preservation Commission (HPC): -added that she spoke with Mr. Cohen over the phone last week and he informed her that he had put in an offer on this building; she stressed the urgency of needing something permanent; she asked him that if he did get to purchase it, would he be able to react quickly to do some stabilization prior to the snow season coming; he said, "Yes;" they didn't go into any detail on that -she is working with Mr. Cohen on the adaptive re-use of the keg house, Schmidt Brewery; and he's working city city staff - project mgr Need a Purchase Agreement by November 24, 2015. Laid Over to the Legislative Hearings due back on 11/24/2015 11:00 a.m. Hearings Summary Abatement Orders 6 RLH SAO 15-72 Appeal of Louie D. Jordan to an Order to Provide Garbage Service at 422 NEVADA AVENUE EAST. Sponsors: Brendmoen Louie Jordan, owner and daughter Melissa Jordan appeared. Inspector Lisa Martin: -complaint came in about no trash service at 422 Nevada Ave E -Inspector Seeley went out and did not see a container at that property; she sent out Orders to provide trash service -this property has never had any complaints for trash, garbage on the ground, no issue at all, ever Ms. Jordan: -he dad is disabled; he lives alone and he barely accumulates any trash; what trash he does accumulate, she or his other daughter will pick it up -first of all, he did not know that it was a regulation to have trash service -secondly, they recycle everything, even compost items; he doesn't accumulate a lot of trash -this complaint worried him a bit Ms. Moermond: -sounds like that you have the equivalent of having a regular trash service; therefore, she will recommend that the Council grants your appeal City of Saint Paul Page 8 Legislative Hearings Minutes - Final November 10, 2015 Grant the appeal. Referred to the City Council due back on 12/2/2015 Correction Orders 11:30 a.m. Hearings Orders To Vacate, Condemnations and Revocations 7 RLH VO 15-60 Appeal of Sarah Reeves C/O Attorney Gerald Kaluzny to a Revocation of Fire Certificate of Occupancy and Order to Vacate at 889 SIXTH STREET EAST. Sponsors: Finney Sarah Reeves appeared; Clifford Albrecht & Peter McCarty, appeared. Attorney Gerald Kaluzny appeared. Fire Inspector Leanna Shaff: -Fire Certificate of Occupancy Inspection conducted by Inspector James Thomas -this process started Jul 28, 2015 and was Revoked Oct 22, 2015 for long-term noncompliance with the Orders -13 items on the deficiency list -hazardous items: drop light in bathroom; wiring to connect refrigerators thru a window; extension cord; multi-plug adaptors; dryer vent; heating report Peter McCarty: -Charlie McCarty, my son, owns this property and I, Peter McCarty, manage it -it's his understanding that most of the list has been taken care of and the Orsat test is scheduled for tomorrow afternoon Mr. Kaluzny: -Ms. Reeves came into his office Oct 22 and he immediately called Peter McCarty, property manager and he immediately called Hinding Heating and got an appointment for tomorrow -he also talked with Inspector Thomas since this appeal was filed; Mr. Thomas advised him that there was actually another letter that had been sent, which he doesn't have a copy of, in which is said that the property would be re-inspected on Nov 17, 2015; most recently, he spoke with Inspector Thomas yesterday and told they needed time to get the report back from Hinding and time to get the remaining repairs done; he agreed that he would come back out on Fri, Nov 20 instead to do the re-inspection -asked that the Revocation be suspended until they pass the re-inspection on Nov 20, 2015 Ms. Shaff: -asked Mr. McCarty to send them a change of responsible party form (Mai gave him one) -the official record does not show a 2nd letter; Inspector Thomas said that he was having computer problems with the letter for inspection on Oct 22 with re-inspection Nov 17 at 10 am (Mai made copies) -Inspector Thomas has the re-inspection listed in their system still as Nov 17 - not Nov 20, although Mr. Kaluzny said that he agreed to Nov 20 City of Saint Paul Page 9 Legislative Hearings Minutes - Final November 10, 2015 Mr. Kaluzny: -he talked with Mr. Thomas yesterday at 11:30 am and he didn't have his calendar with him; he did not give a specific time for the re-inspection -a big part of this is frustration is with getting follow-thru Mr. McCarty: -the vast majority of the items are done; however, he hasn't been there to check on it; so, he's going there right after this hearing today Ms. Reeves: -she needs to change the dryer vent; they don't get paid until Fri Ms. Moermond: -you shouldn't be responsible for having to fix the dryer exhaust Mr. Kaluzny: -he thinks that Ms. Reeves will be buyer the property on Contract for Deed in the future Ms. Shaff: -the dryer vent work needs to be done by a licensed contractor working under permit (a plumbing or heating contractor) -the vent you now have is the accordian type; code requires a smooth bore Ms. Moermond: -the inspector needs to square up his computer records; either Nov 17 or Nov 20 re-inspection date -this might be able to be granted before the City Council Public Hearing Dec 2, 2015 or if the inspection yields results that need to be talked about more, we can do that too Recommendation is forthcoming. Waiting to see what happens at the November 17th or 20th inspection. FOLLOW-UP: Substantial progress was made in addressing the deficiences listed in the November 10, 2015 orders under appeal. Recommend extension to 1/1/16 to address items on the updated list issued November 20, 2015. -MCM 11/23/15 Referred to the City Council due back on 12/2/2015 1:30 p.m. Hearings Fire Certificates of Occupancy 8 RLH VO 15-50 Appeal of Charlotte Mahone and Casey Borrego to a Revocation of Fire Certificate of Occupancy and Order to Vacate at 649-651 IVY AVENUE EAST. (To be referred back to November 10 Legislative Hearing and November 18, 2015 Public Hearing) Sponsors: Bostrom Ms. Moermond: -had a chance to talk to the new House Calls person, Laura Lightner; she will be taking some control over this and she understands the urgency City of Saint Paul Page 10 Legislative Hearings Minutes - Final November 10, 2015 Ms. Shaff: -we know that the upstairs is vacated; she sent Inspector Schmidt out there to make sure it was vacated -she is not comfortable with this one; it seems to drag on and on; she's not sure they will get any movement Ms. Moermond: -the only other option right now is placement in a care facility because Ms. Mahone is not capable of living independently -we can call Ms. Lightner together after this hearing -let's set a deadline on when the place needs to be vacated: Nov 30, 2015 -City Council Public Hearing Nov 18, 2015 Grant until November 20 for tenant to vacate the property and refer the file to Vacant Building Program. Referred to the City Council due back on 11/18/2015 9 RLH FCO Appeal of Reverend Tilman Bergman to a Fire Certificate of 15-130 Occupancy Correction Notice at 499 CHARLES AVENUE Sponsors: Thao Ms. Moermond: -was Laid Over so we could discuss the kitchen hood suppression system -we met at the property with Angie Weise the day after Loaves & Fishes announced that they would not be there anymore; they made a great big deal with the media that they were concerned for their volunteers there because there were youth and decided to move elsewhere -the almost commercial kitchen there can continue to be used by the congregation without having the hood changed out; incidental use is fine Grant the appeal provided that the kitchen is not being used commercially. Referred to the City Council due back on 12/2/2015 10 RLH FCO Appeal of Mark Meader to a Fire Inspection Correction Notice at 716 15-303 JESSAMINE AVENUE EAST. Sponsors: Bostrom Mark Meader, owner, appeared. Fire Inspector Leanna Shaff: -Fire Certificate of Occupancy inspection conducted by Inspector Dan Klein on Oct 26, 2015 -1 item being appealed: #11-parking area must be paved with durable, dustless surface; fresh Class 5 is there currently -photo Mr. Meader: -I just put it down; hasn't been packed down enough yet -I paid for Class 5 -inspector said that it had to be either asphalt or concrete Ms. Moermond: City of Saint Paul Page 11 Legislative Hearings Minutes - Final November 10, 2015 -looks powdery -the city is in the process of reconsidering the use of Class 5; she has been open to doing Class 5 -it's a valid Order; she'd like to get an assessment of what the surface is -let's get the inspector out there; she is not comfortable that this is Class 5; doesn't look dustless -it's abutting a paved alley, which isn't so promising for you Mr. Meader: -the inspector took a photo from up at the house; he never went down and actually looked at it Ms. Shaff: -there's another issue with the Class 5: it's right up to the property line Ms. Moermond: -she'd like to have the inspector take another look at the dustless component Have Inspector Dan Klein take a second look at the parking spaces and send in photos by November 17; owner doesn't need setback, photos for the cracks on the sidewalks. Laid Over to the Legislative Hearings due back on 11/17/2015 11 RLH FCO Appeal of LeeAnn Schray to a Fire Certificate Inspection Correction 15-305 Notice at 1816-1818 SEVENTH STREET EAST. Sponsors: Finney LeeAnn Schray, co-owner, DDN Futures LLC, appeared. Fire Inspector Leanna Shaff: -Fire Certificate of Occupancy inspection conducted on October 20, 2015 by Inspector Efrayn Franquiz -30 items on deficiency list -she was out there Fri, Nov 6 to go over the Orders with Ms. Schray and explain what she was seeing; believes that they discussed everything -only thing left here at issue is the retaining wall Ms. Schray: -looking for an extension in time for the retaining wall (40 ft stone); they are doing another wall that needs to be completed by Jun 1, 2016 -the wall abuts a driveway, backyard and alley; it needs full replacement Ms. Shaff: -the timber wall has deteriorated and a tree on top pushing out the side of the wall on the driveway side that needs attention Ms. Moermond: -if this driveway fails, it will impact the driveway, backyard and alley -she's OK with an extension but if there's a failure, particularly in the part that would affect the alley, the city will do an Abatement Order on it and take care of it right away Ms. Schray: -the wall is not to the point of failure; there's 1 timber in really rough shape; the rest is very, very solid -it's an odd shape and will require a permit because it slopes from 3 ft to 5 ft City of Saint Paul Page 12 Legislative Hearings Minutes - Final November 10, 2015 -it's been in this condition for quite a while Ms. Moermond: -must take into consideration frost heave and weather -is thinking Jun 1, 2016 Ms. Schray: -doesn't think they will be able to do both walls by Jun 1, 2016 (financially, speaking) -will have someone out to bid on it Ms. Moermond: -will go with Jul 1, 2016; gives you time to sort it out -from a code perspective, it's more than an adequate time period to deal with it -you can go to the Council and ask for additional time; this is as far out as she feels comfortable going -CCPH is Dec 2, 2015 -you'll get a letter from Mai Vang confirming the recommendation and CC hearing date Ms. Shaff: -if you do decide to go to the CCPH, let me know Grant an extension until July 1, 2016 to repair or replace the retaining wall unless the wall fails prior to the extension date given in which a summary abatement order will be issued. Referred to the City Council due back on 12/2/2015 2:30 p.m. Hearings Vacant Building Registrations 5 RLH SAO 15-70 Appeal of William A. Harvey to a Summary Abatement Order at 740 TATUM STREET. Sponsors: Stark William Harvey, owner, appeared. Mr. Harvey entered a document. Inspector Matt Dornfeld, Vacant Buildings: -update -this case was laid over from Oct 27, 2015 when the Appellant was told that he had 2 weeks to provide us with proof of funding, timeline and a plan of action to remove the hoarding situation from the house at 740 Tatum St; if he was to fail to supply us that plan, the city would schedule an abatement to clean out that house for him Ms. Moermond: -Mr. Harvey submitted a business card, a receipt and a letter of receipt from Dahl Hauling, 751 Hall Ave, St. Paul; the letter indicate that Mr. Harvey has paid half down; work will begin Nov 18, 2015; they'll ensure that everything is done by Dec 4, 2015, if the start date does not change -Dec 4 is a Fri -gave Mr. Harvey a deadline of having it all done by Dec 8, 2015 LH City of Saint Paul Page 13 Legislative Hearings Minutes - Final November 10, 2015 Mr. Dornfeld: -reminded Mr. Harvey that once the house is cleaned out, it remaints in the Vacant Building Program; he still needs to go thru a Code Compliance Inspection process before anyone can occupy the building; and maybe you'd want to sell the house Ms. Moermond: Layover to December 8th at 2:30 p.m. Clean-out to be completed by December 8th. Laid Over to the Legislative Hearings due back on 12/8/2015 12 RLH VBR 15-97 Appeal of Nawal Noor to a Vacant Building Registration Renewal Notice at 550 MINNEHAHA AVENUE WEST. Sponsors: Thao Nawal Noor, Community Enhancement Group LLC, owner, appeared. Inspector Matt Dornfeld, Vacant Buildings: -this was made a Category 2 Vacant Building Nov 20, 2012 by Inspector Mike Kalis per SPPD, who were called to the property and stated that it was vacant and being criminally trespassed; at that time, it was ordered to be boarded; since Nov 2012, the property has changed ownership twice; first, in Jan 2014 to Twin Cities Community Land Bank; and secondly, on Sep 25, 2015 to the Community Enhancement Group, LLC -current code compliance inspection report on file -a building permit is showing as pending due to VB fee that's due -have had a history of snow/ice; grafitti; garbage/rubbish; tall grass/weeds complaints since 2012 but not since the current owner has taken over in Sep Ms. Noor: -we're a small nonprofit developer -the Land Bank came to them because no one was interested in the property -we want to rehab it but it has been a challenge since it's a Cat 2 -the Land Bank has requested to get the fee waived -probably will take about 3-6 months to finish -it's unique; there's mold to deal with and there's been a lot of damage on the dry wall -they have also purchased the house right next to this one with some of the same issues but will take longer to finish -noted that they have had trash dumping almost every other week Ms. Moermond: -this one has been vacant for a few years and people get used to that -will waive the VB fee for 90 days, which will allow you to pull the permits you need; then, in 3-4 months, you'll get an assessment letter saying that the city is going to assess your property for the VB fee; you can appeal that by sending in the gold card and we'll talk about it again and be able to put together a plan Waive the VB fee for 90 days and allow permits to be pulled. Referred to the City Council due back on 12/2/2015 13 RLH VBR 15-99 Appeal of Brian Ventsch to a Vacant Building Registration Renewal Notice at 298 UNIVERSITY AVENUE WEST. Sponsors: Thao City of Saint Paul Page 14 Legislative Hearings Minutes - Final November 10, 2015 Brian Ventsch, Caspian Ventures LLC, owner, appeared. Mr. Ventsch: -they are about 3-4 weeks away from having everything done -photos - extensive tuckpointing brick on exterior; it's a large building -since they've taken over, the work has been going on non-stop -they've had a hold up on flooring and Xcel has been a hold up on the power transfer to the new meter system Inspector Matt Dornfeld, Vacant Buildings: -a Category 2 Vacant Building Nov 9, 2011 by Inspector Mike Kalis per SPPD call to the property for illegal trespassing, criminal activity; SPPD order the 1st and 2nd windows boarded at that time -a current code compliance inspection report is on file -all trade permits are open and active -here to discuss the VB fee due Nov 11, 2015 Mr. Ventsch: -the flooring has been delivered and they are waiting on Xcel for energy -asking for an extension; 90% done Ms. Moermond: -will recommend waiving the VB fee for 90 days Waive the VB fee for 90 days. Referred to the City Council due back on 12/2/2015 14 RLH VBR 15-98 Appeal of Nachman Goldberg to a Vacant Building Registration Fee Warning Letter Requirement at 1809 YORKSHIRE AVENUE. Sponsors: Tolbert Nachman Goldberg, owner, appeared. Mr. Goldberg: -the foundation is done and the staircase to the front -the trusses are at Menards and will be delivered on Mon -it's moving along a little slower than anticipated -if everything goes well, the shell will be up within the next 2-3 weeks -got this letter at the end of Oct, 2015; spoke with Arthur, who said to come in again -have building and HVAC permits pulled (plumbing and electrical permits have not yet been pulled) Ms. Moermond: -will ask DSI to continue to issue you permits and do the inspections on the permits but will have the VB fee go to assessments; it will be billed and you can appeal that - send in the gold card; she can prorate it at that time; billing letter should come in about 3-4 weeks Mr. Goldberg: -Jim Seeger has been there Ms. Moermond: Deny the appeal and let the VB fee go to assessment. Allow for permits to be pulled. City of Saint Paul Page 15 Legislative Hearings Minutes - Final November 10, 2015 Referred to the City Council due back on 12/2/2015 City of Saint Paul Page 16