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, June 28, 2016 9:00 AM Room 330 City Hall & Court House 9:00 a.m. Hearings Remove/Repair Orders 1 RLH RR 16-15 Ordering the rehabilitation or razing and removal of the structures at 1325 ARKWRIGHT STREET within fifteen (15) days after the July 6, 2016, City Council Public Hearing. (Amend to remove within 15 days with no option for repair) Sponsors: Brendmoen Florence Matadi, owner; Dan Stahley, Attorney; and Lucinda Hewitt, President of the Women's Organization, Church of Jesus Christ of Latter Day Saints, appeared. Mr. Stahley: -there's a lock box on the house; Ms. Matadi has been there nearly every day since we were here last; it's not completely done yet; she expects to be done in about a week; at that point, he will set up the inspection with Mr. Seeger -he was in contact with Liberty Mutual Insurance Company; the good news is that there is insurance on the property; the confusing part is that they issued a check for $150,000 to the mortgage company, which makes sense if there's a mortgage on the property; Ms. Matadi said that there was only about $118,000 mortgage on the property at the time (little over $30,000 more paid to them than the mortgage was); generally, the insurance would cover either the demolition or rebuilding costs; there was $198,000 insurance policy, so there is more money there -has Select Mortgage's attorney's information; he will follow up with him to see why he got paid more than what the house was worth -Ms. Hewitt went to the recorder's office to check on the status of the title; apparently, Select sold the mortgage to Deutsche Bank -was able to get the tax assessor out to the house; he conducted an inspection and got a lower market value for the 2016 year -items still in the house are the large items; people from the church can help her get those things out -he intends to contact Liberty Mutual's attorney and find out why they haven't paid out the full amount Ms. Moermond: -most people have mortgage insurance, too -Liberty Mutual was over paid by about $32,000 and theoretically, there would be insurance money for another $48,000 City of Saint Paul Page 1 Legislative Hearings Minutes - Final June 28, 2016 -she will not be waiting indefinitely; this has been a problem property in the neighborhood for years; her patience is short; she is not willing to wait for a court battle; there's insurance money out there but is doesn't seem to be able to be there to do the work on this property; this money could be used for building a new house or buying a different house vs. rehabbing this house; she is looking for progress on this Ms. Hewitt: -Select Mortgage sold it to Deutsche Bank just last Nov 2015 -she will go back, print out the copy and review it Inspector Steve Magner, Vacant Buildings: -when his staff researched this, it look as though that Liberty Mutual paid off the first mortgage but there might have been a discrepancy in the dollar amount due to whether or not they were current on their mortgage; if they weren't current and there were outstanding payment penalties of interest, the amount can rack up fairly quickly; legal counsel may be able to track that down with Liberty Mutual -there was a letter from Mr. Stahley to Mai Vang asking that the $5000 Performance Deposit be suspended, in this case; it is his understanding, that the city has never done that in this process Ms. Moermond: -she has never and would never suspend the performance deposit -on May 24, Ms. Matadi did say that she was working on getting the $5000 performance deposit (Ms. Matadi: that's not going well) -we are sitting on the VB fee, as well -the insurance money is the real deal here; housing for Ms. Matadi is the issue -you place should be clean enough to get an inspector in to do the inspection; call ASAP; it gives the contractors something to respond to -property taxes are still unpaid; Mr. Stahley: -could consult with a mortgage expert -their estimate is $82,000 to repair the house Ms. Moermond: The following conditions must be met by 7/6/2016: 1) code compliance inspection report completed; 2) performance deposit posted; 3) property taxes brought up-to-date; and 4) evidence of insurance information or another way of demonstrating how you can finance the rehab of the property. If conditions are met by 7/6/16, the Legislative Hearing Officer will review the work plan and financial documents on 7/26/16 LH. The following conditions must be met by 7/6/2016: 1) code compliance inspection report completed, 2) performance deposit posted, 3) property taxes brought up-to-date, 4) evidence of insurance. If conditions are met by 7/6/16, the Legislative Hearing Officer will review work plans and financial documents on 7/26/16. 2 RLH TA 16-250 Ratifying the Appealed Special Tax Assessment for Property at 1325 ARKWRIGHT STREET. (File No. VB1607C, Assessment No. 168818) City of Saint Paul Page 2 Legislative Hearings Minutes - Final June 28, 2016 (Amend to delete the assessment) Sponsors: Brendmoen Florence Matadi, owner; Dan Stahley, Attorney; and Lucinda Hewitt, President of the Women's Organization, Church of Jesus Christ of Latter Day Saints, appeared. Mr. Stahley: -there's a lock box on the house; Ms. Matadi has been there nearly every day since we were here last; it's not completely done yet; she expects to be done in about a week; at that point, he will set up the inspection with Mr. Seeger -he was in contact with Liberty Mutual Insurance Company; the good news is that there is insurance on the property; the confusing part is that they issued a check for $150,000 to the mortgage company, which makes sense if there's a mortgage on the property; Ms. Matadi said that there was only about $118,000 mortgage on the property at the time (little over $30,000 more paid to them than the mortgage was); generally, the insurance would cover either the demolition or rebuilding costs; there was $198,000 insurance policy, so there is more money there -has Select Mortgage's attorney's information; he will follow up with him to see why he got paid more than what the house was worth -Ms. Hewitt went to the recorder's office to check on the status of the title; apparently, Select sold the mortgage to Deutsche Bank -was able to get the tax assessor out to the house; he conducted an inspection and got a lower market value for the 2016 year -items still in the house are the large items; people from the church can help her get those things out -he intends to contact Liberty Mutual's attorney and find out why they haven't paid out the full amount Ms. Moermond: -most people have mortgage insurance, too -Liberty Mutual was over paid by about $32,000 and theoretically, there would be insurance money for another $48,000 -she will not be waiting indefinitely; this has been a problem property in the neighborhood for years; her patience is short; she is not willing to wait for a court battle; there's insurance money out there but is doesn't seem to be able to be there to do the work on this property; this money could be used for building a new house or buying a different house vs. rehabbing this house; she is looking for progress on this Ms. Hewitt: -Select Mortgage sold it to Deutsche Bank just last Nov 2015 -she will go back, print out the copy and review it Inspector Steve Magner, Vacant Buildings: -when his staff researched this, it look as though that Liberty Mutual paid off the first mortgage but there might have been a discrepancy in the dollar amount due to whether or not they were current on their mortgage; if they weren't current and there were outstanding payment penalties of interest, the amount can rack up fairly quickly; legal counsel may be able to track that down with Liberty Mutual -there was a letter from Mr. Stahley to Mai Vang asking that the $5000 Performance Deposit be suspended, in this case; it is his understanding, that the city has never done that in this process Ms. Moermond: -she has never and would never suspend the performance deposit -on May 24, Ms. Matadi did say that she was working on getting the $5000 performance deposit (Ms. Matadi: that's not going well) City of Saint Paul Page 3 Legislative Hearings Minutes - Final June 28, 2016 -we are sitting on the VB fee, as well -the insurance money is the real deal here; housing for Ms. Matadi is the issue -you place should be clean enough to get an inspector in to do the inspection; call ASAP; it gives the contractors something to respond to -property taxes are still unpaid; Mr. Stahley: -could consult with a mortgage expert -their estimate is $82,000 to repair the house Ms. Moermond: The following conditions must be met by 7/6/2016: 1) code compliance inspection report completed; 2) performance deposit posted; 3) property taxes brought up-to-date; and 4) evidence of insurance information or another way of demonstrating how you can finance the rehab of the property. If conditions are met by 7/6/16, the Legislative Hearing Officer will review the work plan and financial documents on 7/26/16 LH. Laid over to City Council on 7/6/16 3 RLH RR 15-44 Ordering the rehabilitation or razing and removal of the structures at 689 CONWAY STREET within fifteen (15) days after the December 16, 2015, City Council Public Hearing. Sponsors: Prince John Dockry, Attorney, Shapiro & Zielke LLP, representing Wells Fargo Bank; and Carol Carey, Historic St. Paul, appeared. Inspector Steve Magner, Vacant Buildings: -read letter sent to John Dockry Apr 27, 2016 (attached) Mr. Dockry: -when this originally began, it was Wells Fargo alone; the Carol Carey, Historic St. Paul came along and expressed an interest -Wells Fargo posted the $5000 Performance Deposit; he doesn't believe that another $5000 Perf Dep is necessary or appropriate Ms. Moermond: -if you folks are comfortable with keeping the Perf Dep in place, she has no concern with that -it's harder when it's a donation to a nonprofit Mr. Dockry: -will touch base with his client on that; we'll clear it up in a week or two Ms. Moermond: -remember that if you want the Perf Dep back again, you need to submit something in writing to DSI Mr. Dockry: -the donation was approved early this month; Ms. Carey just finished signing things last week and all has been submitted; all that's left is the closing and conveyance City of Saint Paul Page 4 Legislative Hearings Minutes - Final June 28, 2016 Ms. Carey: -there were questions about the assessments; it took a little while to work that through the corporate channels -we can send you a copy of the Purchase Agreement; scheduled to close Aug 1, 2016 (org Jul 8) -entered the Scope of Work (scanned); we enter this assuming that the goal was, obviously, property preservation and in order to do that, achieving code compliance; we had an insider, who was at the last hearing, with whom we are still in conversation with -the first estimate we got was for code compliance work only: $113,000 -their goal is to not simply meet minimum code compliance requirements ut to have a greater impact on the property for the long term -the latest edition of the cost estimate includes removing the asbestos siding and the more comprehensive repairs both inside & outside ($140,000+) -we've approached the Twin Cities Community Land Bank for funding; hope all is in place by Aug 1, 2016 -we are likely a negotiated bid with Metamorphosis, contractor -the original bid that Wells Fargo got for code compliance requirements only was just over $97,000 Mr. Dockry: -noted that the property has been fully cleaned out; the redemption period has expired; the issue with a couple of microwaves on the front porch has been taken care of; it has been maintained Ms. Carey: -she concurs with that; the property is secured Ms. Moermond: -will wait until after the closing to visit again, so Aug 9 LH; it will go in front of the City Council Aug 17 if everything lines up (the main thing is financing) Laid Over to Legislative Hearings on 8/9/2016 4 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. (Public hearing continued from January 6, 2016) (To be referred back to Legislative Hearing on June 21 14, 2016; Council public hearing to be continued to July 6) Sponsors: Thao Greg Finzell, Rondo Community Land Trust, appeared. Ms. Moermond: -doesn't have anything in writing in response to a letter that we sent to Mr. Summer Smith -our request was for him to provide information on the contacts that he had made and need to be made with potential heirs - an Order to demonstrate his investment in and commitment to doing the work on this property to get it eventually, rehabilitated -he spoke with Ward 1 staff yesterday on the phone, arguing about how he could make this a Category 2 Registered Vacant Building and just go ahead and do the repairs; then, come back later and worry about getting the property into his name or through the probate process; and also, figure out the financing -she did brief the Ward 1 staff that it wasn't at all, a possibility; when the Council City of Saint Paul Page 5 Legislative Hearings Minutes - Final June 28, 2016 issues an Order to Abate a Nuisance building, it needs to be abated only by means of the issuance of a Certificate of Code Compliance or by removing the building -this has been extraordinarily frustrating -Mr. Smith has not come through with the most basic of the requirements; in other cases, we would be asking for a $5000 Performance Deposit to be posted at this time as a demonstration of his earnestness in pursuing this rehabilitation -she will be working with the Ward 1 Office and letting them know her recommendation -thinks that someone in the family has to step forward to get this through the Probate process; someone needs to identify potential heirs and provide them Notice that it's going through Probate; and then, if an individual or two want to take an ownership position, they will need to have the property Quit-Claimed to them -the taxes need to be paid; the county will not record any change in ownership until the taxes are paid Inspector Steve Magner, Vacant Buildings: -DSI's concerns: the Order to Abate was sent out in Mar 2015; we were first here at LH May 12, 2015; at that time, Andy Barnett and E.Diane Smith wanted to move forward with doing this; they also thought about seeing if Mr. Finzell could work with this; the problem that we've had all along is that there's an ownership issue that has never been resolved; we first took a break and turned it over to a 3rd party to see if they could resolve the ownership part and enter into a contract - that didn't work; the 2nd step was that we went to an attorney, who was representing E.Diane Smith, who was supposed to do that - that also fell apart; it seems that no one wants to come forward and resolve this issue; today, is not any different from a year ago; at some point, the property will ultimately, forfeit to the county because no one is doing anything to resolve that issue -2014 & 2015 taxes weren't paid and he doesn't believe that the first half of 2016 taxes were paid Ms. Moermond: -this property will not tax forfeit until 2018 unless there is a petition by the city expediting the forfeiture Pause for a few minutes. Ms. Moermond: -will Lay this Over to Jul 26, 2016 LH -Greg M Finzell, Rondo Land Trust has agreed to help me look at a couple options from a community perspective -will go back to City Council Public Hearing Aug 17, 2016 Laid Over to Legislative Hearings on 7/26/2016 5 RLH RR 16-20 Ordering the razing and removal of the structures at 889 DESOTO STREET within fifteen (15) days after the July 20, 2016, City Council Public Hearing. Sponsors: Brendmoen John Dockry, Attorney, Shapiro & Zielke LLP, appeared on behalf of JP Morgan Chase Bank Nat Assoc Inspector Steve Magner, Vacant Buildings: -The building is a two-story, wood frame, duplex with a detached two-stall garage on a lot of 6,534 square feet. According to our files, it has been a vacant building since January 12, 2016 due to a fire. City of Saint Paul Page 6 Legislative Hearings Minutes - Final June 28, 2016 -The current property owner is JPMorgan Chase Bank, NA per AMANDA and Ramsey County Property records. -On May 11, 2016 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 May 19, 2016 with a compliance date of June 3, 2016. 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 $8,500 on the land and $24,400 on the building. -Real estate taxes are current. -The Vacant Building registration fees were paid by assessment on June 3, 2016. -As of June 27, 2016, a Code Compliance Inspection has not been done. -As of June 27, 2016, the $5,000 performance deposit has not been posted. -There have been five (5) SUMMARY ABATEMENT NOTICES since 2016. -There have been six (6) WORK ORDERS issued for: -Garbage/rubbish; Boarding/securing; Grass/weeds; Snow/ice; Vehicles -Code Enforcement Officers estimate the cost to repair this structure exceeds $100,000. The estimated cost to demolish is $12,000 to $15,000. -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. Allison Suhan, Heritage Preservation Commission: -it is not in an historic district -was evaluated in 1983 and again in 2011, when is was near an historic district -1890 it lost a lot of its integrity but it could be brought back with proper repairs -original owner was Jay Nielson; originally, it was a single family home -turned into flats around 1923 -in 1945, there was a $600 addition Mr. Dockry: -just became aware of this property a couple weeks ago -it's his understanding that his client, JP Morgan Chase/their REO team, Green River Capital is in REO process -they are securing demolition bids but no rehabilitation bids because it's a pretty bad loss -he Googled the address because he was concerned because they had served many homeowners with foreclosure notices in Jun of 2015 and went through the foreclosure process in Sep 2015 and it seemed as though this fire was somewhere in between - somewhere during the redemption period -it obviously did have a fire and he saw that the property was listed "For Sate," and it's a Category 3 VB; obviously, they can't sell the property until the requirements are met; they are now aware of that -for them to demolish this without the city's involvement, they need a little more time; he will help them through this because it's relatively news to them Ms. Moermond: -asked to see the Fire Report (scanned) -fire was Jan 10, 2016; foreclosure took place on Sep 1, 2015; redemption period ended Mar 1, 2016 -read fire report: "2 o'clock in the afternoon, Fire crews responded to a duplex fire with heavy fire showing from the rear. On closer examination, crews found an SUV burning behind the house. The burning vehicle caught the west side of the duplex on fire; the fire then extended into the attic and burned and collapsed the roof. The fire was caused by a friend of the vehicle owner, who was working on the gas tank and City of Saint Paul Page 7 Legislative Hearings Minutes - Final June 28, 2016 dropped the tank causing the gas to leak out. He then took a break to warm up, got into his own care and was smoking when the car he was working on started on fire. The first fuel ignited with gasoline vapors; the ignition source was the spark from the running motor or flame or match from the cigarette. The classification is 'accidental.' House appears to be vacant and possibly owned by the bank." -will attach the fire report to the record Mr. Dockry: -house had been listed as $9,900 or best offer -has 2 demo bids with him: 1) $37,880; and 2) $27,640; gave to Mr. Magner Mr. Magner: -suggested that he contact Joe Yannarelly, DSI and ask him to mail out/email/fax a list of vendors who have experience in the city; they may be able to do it for a more reasonable price, around $15,000, depending upon if there needs to be an asbestos abatement; if there's still the ability to do a full inspection, then your cost would be closer to $12,000 Ms. Moermond: -City Council Public Hearing Jul 20, 2016; she will ask for 15 days for the removal of the building, which will give you time to pull a permit Mr. Magner: -if there's a timing issue and we see that there's a signed contract, we will work with you Ms. Moermond: Remove within 15 days with no option for rehabilitation. Remove the building within 15 days 6 RLH OA 16-8 Making recommendation to Ramsey County on the application of Ken Hamblin for repurchase of tax forfeited vacant lot at 0 MECHANIC AVENUE (Pin 27-29-22-24-0059). Sponsors: Bostrom Steve Magner, Vacant Buildings: -he has no attachment for 0 Mechanic; it's almost a completely wooded lot and has no sidewalk -Kenneth Hamblin has also applied for repurchase of this tax forfeited lot -he has owned both this lot and 141 Page St E for 20 years and hasn't done anything with them -he is troubled by Mr. Hamblin's lack of maintenance and stewardship of both these properties -unless there's a commitment that a professional service will maintain them, they are better off with someone who will do something with them Ms. Moermond: -we have documented a pattern of neglect at 141 Page St E, that demonstrates that it has been a municipal problem over the past 5 years - not being maintained; we don't have that same documentation at 0 Mechanic -suggests we withhold recommendation on 0 Mechanic Withhold recommendation to County City of Saint Paul Page 8 Legislative Hearings Minutes - Final June 28, 2016 Referred to the City Council due back on 7/20/2016 7 RLH OA 16-9 Making recommendation to Ramsey County on the application of Kenneth Hamblin for repurchase of tax forfeited property at 141 PAGE STREET EAST. Sponsors: Noecker Steve Magner, Vacant Buildings: -he has reviewed Kenneth Hamblin's repurchase application for the property at 141 Page Street East -it sounds like he has trouble getting around -he is disabled, a city resident and a single parent -he is kind of reliant on his son, whom he has put through college and is a hedge fund manager and will help him out -over the years, there has been a lot of activity at this address Ms. Moermond: -141 Page St E doesn't have a building on it; it's a vacant lot that has been poorly maintained over the years Mr. Magner: -there are a lot of complaints and Summary Abatement Orders (tall grass & weeds; snow) Ms. Moermond: Recommend County deny application for repurchase. Referred to the City Council due back on 7/20/2016 11:00 a.m. Hearings Summary Abatement Orders 8 RLH SAO 16-20 Appeal of Leon and Lavera Daisy to a Vehicle Abatement Order at 265 CHATSWORTH STREET. Leon F. and Lavera L. Daisy, owners, appeared. Inspector Lisa Martin: -complaint came in Jun 9, 2016 regarding a cargo trailer parked in the back yard blocking the line of sight for people driving in the alley and blocking the sidewalk for pedestrians -Orders issued Jun 10 for a very large commercial trailer (had commercial license plates) parked on an approved surface -photos -spoke with Mr. Daisy, who explained that the trailer had been there for years and has never been a concern; she encouraged him to appeal -it's a residential neighborhood; the alley is cement Mr. & Mrs. Daisy: -the vehicle is not in the alley; it's on their property next to the alley -it doesn't overflow into the alley; it doesn't block the alley -it's been parked there since 1984 City of Saint Paul Page 9 Legislative Hearings Minutes - Final June 28, 2016 -Mrs. Daisy has owned the house next door for 69 years; it was her mother's house -they use it for recreation; he keeps his large toys in it sort of like a garage: motorcycles, 4-wheelers, etc. -the motor home is not kept in this area Ms. Martin: -under the Zoning Ordinance, the weight and length of the vehicle determines whether it's a commercial vehicle Ms. Moermond: -has concerns with the trailer's height & mass parked so close to the property boundary -the city does not allow a fence to be constructed that tall and that close to the property line for obstruction reasons Mr. Daisy: -why is the trailer suddenly a problem? -when you say you received a complaint, was it 1 person or many? Was is a petition? Ms. Moermond: -it was just 1 complaint that came in -when a complaint comes in, the city needs to investigate it and develop findings -Zoning Code 157.111 Parking for large vehicles: 22 ft or more in length; 7 ft or more in width; no commercial or overweight vehicles shall be parked overnight or stored on a property zoned residential Ms. Moermond: -the code does not talk about weight or height; just width and length in the definition of a commercial trailer -your trailer meet the definition of a commercial vehicle and the city's zoning code says that you can't have a commercial vehicle/trailer in a residential area Mr. Daisy: -this is my property; what rights do I have on my property -doesn't see where he's causing any problem for anyone in his community Ms. Moermond: -your only recourse is to go to the Board of Zoning Appeals and ask them to grant a variance -knowing that you use this trailer as a garage means that you will need more time to find an alternate way to serve the same purpose -this part of the Zoning Code is older than 1984 -contact YaYa Diatta at DSI, 651/266-9080 or Wendy Lane, head of Zoning Enforcement, DSI, 651/266-9081; Karen Zacho also might be able to help, 651/266-9084 Mrs. Daisy: -in case we do have to move it, who's going to move it? Ms. Moermond: -if the city ends up moving it, SPPD tow truck would take it to the impound lot and you don't want it there; this would be an expensive tow job and you'd need to pay rent at the impound lot/pay to get it out of hock -if you want to get rid of the trailer, you could just sign it over to the SPPD impound lot, if they have it and it's empty because they will auction it -she will alert the Councilmember that this is going on; sometimes, he could take a City of Saint Paul Page 10 Legislative Hearings Minutes - Final June 28, 2016 look at it -to have it there, you'd need the Bd of Zoning Appeals to get you rolling on it; next, you can deal with City Council but first the CC will need to make a decision on this Order itself Mr. Daisy: -he doesn't see any way that it's caused any problem; it's not fair to anyone who's lives there for so long -this sickens me; it's not fair to us; we've been living there for a very long period of time Ms. Moermond: -let's give you some time to deal with this -goes to City Council Public Hearing Jul 20, 2016; she will recommend denial and grant an extension to Oct 1, 2016 to come into compliance (to give you time to go to the Board of Zoning Appeals) Deny the appeal and grant until 10/1/16 to bring the property into compliance Correction Orders 9 RLH CO 16-26 Appeal of Steve Trimble to a Correction Notice at 77 MARIA AVENUE. Sponsors: Prince Withdrawn by DSI 10 RLH CO 16-13 Appeal of Cynthia M. Perron to a Correction Notice at 726 PLUM STREET. Sponsors: Prince Ms. Moermond: -has spoken with Mr. Khang at 861 Hudson Rd; he will get 2 more bids; we have 1 on our records at this time -has heard nothing from Ms. Perron, 726 Plum Street -will Lay Over for 2 weeks to Jul 12, 2016 in order to secure bids Laid Over to Legislative Hearings on July 12, 2016. Laid Over to Legislative Hearings on 7/12/2016 11 RLH CO 16-16 Appeal of Shoua T. Khang to a Correction Notice at 861 HUDSON ROAD. Sponsors: Prince Ms. Moermond: -has spoken with Mr. Khang at 861 Hudson Rd; he will get 2 more bids; we have 1 on our records at this time -has heard nothing from Ms. Perron, 726 Plum Street -will Lay Over for 2 weeks to Jul 12, 2016 in order to secure bids Laid Over to Legislative Hearings on July 12, 2016. Laid Over to Legislative Hearings on 7/12/2016 City of Saint Paul Page 11 Legislative Hearings Minutes - Final June 28, 2016 11:30 a.m. Hearings Orders To Vacate, Condemnations and Revocations 12 RLH VO 16-25 Appeal of Christy Perrine to a Notice of Condemnation as Unfit for Human Habitation and Order to Vacate at 346 MARYLAND AVENUE EAST. Sponsors: Brendmoen Rory Perrine, Appellant's mother-in-law, appeared on behalf of Bob Perrine, her son. Ms. Perrine: -her son can't get off work and Christy is really sick -she lives in North Saint Paul and is Christy's driver -they were able to get their stolen property back from the pawn shop Inspector Lisa Martin: -started 2 weeks ago -Inspector Seeley went out and issued a Condemnation Jun 8/ Order to Vacate Jun 13 -had a hearing and re-inspection yesterday, Jun 27 in which 50% of the accumulation of excessive storage was to be removed; however, it was not -owner works full time; his wife has medical issues -15 & 11 year old in the home (no small children) but still considered gross unsanitary conditions -she spoke with Bob and mom had picked up 15-18 plastic bins to help get things stored; talked about having piles: donation pile; a pile to give to the older children who had moved out; pile for keeping; pile for the dumpster -they will probably need a 2nd dumpster at one point; they are working with House Calls -not a lot was moved; the family wants to do it themselves; they don't want to pay anyone to come in and do it; however, she would like to see the entire main floor completely decluttered & cleaned by Jul 6, including the main bedroom -also proposes that by Jul 13, the 2nd floor and the basement be completed cleaned out and cleaned -if the house is not cleaned out by Jul 13, she would ask that the Council approve vacating the property Ms. Perrine: -she thinks that the family would be able to do that -they got a 15-foot U-Haul to haul a bunch of recycling out of the house; the dumpster was 3/4 full -the older children, her husband and other son have been working hard; her son was up all night working; her husband needed to go home by 10 pm to take his heart meds and hook up to a machine at night; he just got over AFIB -her son recycles brass, copper, aluminum -all smoke detectors work Ms. Moermond: -deadlines: Jul 6 - main floor; Jul 20 - 2nd floor, basement & exterior -if you want to object to these deadlines, go to the City Council Public Hearing Ms. Martin: City of Saint Paul Page 12 Legislative Hearings Minutes - Final June 28, 2016 -will be at the house 10 am on Jul 6, 2016 Ms. Moermond: First floor clean and sanitized by 7/6/16, second floor and basement clean and sanitized by 7/20/16, exterior cleaned by 7/20/16 Referred to the City Council due back on 7/20/2016 13 RLH VO 16-24 Appeal of Don Cameron to a Fire Certificate of Occupancy Revocation and Order to Vacate at 669 YORK AVENUE. Sponsors: Bostrom Don Cameron, perspective owner, appeared. Mr. Cameron entered photos and some documents. Fire Inspector A.J. Neis: -Revocation of Fire Certificate of Occupancy and Order to Vacate issued by Inspector James Thomas after numerous attempts to access the building; ongoing since Oct 2015; after unsuccessful attempts to access, it is our policy to Revoke the C of O -Inspector gained access and identified approximately 7 code violations and sent a compliance date of Jun 22, 2016 to the current property owner, Mr. Roger J Bakken -it's his understanding that Mr. Cameron has made an offer on the property and looks to purchase it and would like to eventually rehab it or get it back into line; however, that's contingent upon the C of O being re-instated. -based on the violations that are there, we don't have an issue re-instating the C of O -the only Order that needs to be done is the scraping & painting of the building -before considering reinstatment of the C of O, he would like to see in Unit 1A to have the combustible materials reduced by at least, half plus thoroughly clean the unit; remove storage from the landings that are a trip hazard; get rid of propane tanks in the basement; and fill out a smoke detector affidavit; they would give additional time to complete the exterior fixes and a new boiler Mr. Cameron: -entered the smoke detector affidavit -wanted to view the photos -all of the issues that you mentioned have all been resolved; has the photos to prove it (before & after) -big issue was Unit 1A; the guy's a hoarder; it was a mess; my wife and I spent hours helping this tenant clean up his unit; a lot went to trash; we boxed up some stuff and put it into the basement -inspector came Jun 22 and walked all around and said that we had filed an appeal; a lot of this shouldn't have been necessary; I didn't even know about this Jun 1st letter; didn't see it until Jun 8; came in Jun 9 to file the appeal -the owner Roger Bakken is an elderly gentleman and he didn't understand Ms. Moermond: -if an appeal has been filed, there should not have been an inspection Mr. Neis: -right; looking at inspector's notes: on Jun 22, Bakken states that he did not file an appeal but Cameron did file an appeal; tried to explain to Bakken that it doesn't matter who files the appeal; if an appeal is filed, it stops the process of inspection; the appeal was filed Jun 28 City of Saint Paul Page 13 Legislative Hearings Minutes - Final June 28, 2016 Mr. Cameron: -both Mr. Bakken and I were there with the inspector Mr. Neis: -it sounds like the inspector may not have known that there was an appeal -based on the before & after photos, he sees no reason not to do an inspection and have the C of O re-instated; it looks like the violations are corrected minus the scraping & painting (bid from Timberline Roofing & Contracting to start that work) Mr. Cameron: -had painter go back and do additional scraping & painting; thinks it'll pass now; regardless, he's going to wrap it with aluminum anyway after I buy it and he can't buy it without the C of O; then, I will have all the work done - new boiler, etc. -owns similar properties in St. Paul; all in excellent condition -this will be in excellent condition, too; this is a 5 unit bldg -has 2 tenants, who have been there a long time; and 3 vacant units -closing will be Aug 1, 2016 Ms. Moermond: -will grant appeal on Revocation -will let Orders stand and inspect it -deadline on painting: Sep 1, 2016 room to tweak -City Council Public Hearing Jul 20, 2016 Grant the appeal, Certificate of Occupancy is no longer revoked, September 1 deadline for the painting 1:30 p.m. Hearings Fire Certificates of Occupancy 14 RLH FCO 16-89 Appeal of William Cullen to a Fire Certificate of Occupancy Correction Notice at 251 MARIA AVENUE. Sponsors: Prince Withdrawn by owner 15 RLH FCO 16-91 Appeal of Dennis Leo to a Correction Notice-Complaint Inspection at 2034 REANEY AVENUE. Sponsors: Prince Dennis Leo, owner, appeared. Fire Inspector Leanna Shaff: -this is a Provisional Fire C of O -complaint came in 6-14; Correction Order of 6-15 is being appealed -re: sinking front staircase -Mr. Klein had responded to a complaint that came in 3-23-16 also about this sinking staircase -photos dated 3-23-16 -Orders on this sinking staircase are dated 3-23-16; 5-23-16 and 6-15-16 -Mr. Klein has comments: stair & retaining wall are collapsing; on 5-23-16, he commented that the property owner had asked for more time; he is disabled and City of Saint Paul Page 14 Legislative Hearings Minutes - Final June 28, 2016 insists on doing the work himself -in the meantime, another referral came in -Inspector Gaulke opened up a regular Fire Certificate of Occupancy for inspection on Jul 11, 2016 at 1 pm -this has been going on for 4 months and in another 4 months, it will be too cold to do this kind of work; should be done before that Mr. Leo: -on the original Order, it also talks about peeling paint on the exterior; when I bought it originally, no one was living in the house; his disabled son had just moved out and he was going to sell the house; since that time, my daughter just move in because she was in an apartment and a guy was stalking her; she said that she needed a place to go -he re-painted the whole exterior -on the inside, he put in a new water heater; new faucet so that all the fixtures work in the house -when I talked with Mr. Klein, he gave me another month to fix the steps; he started to call contractors; Mon thru Sat, he called someone everyday trying to get someone to come out but he can't even get anyone to come out and take a look, much less given him an estimate of what it will cost -last week, he talked to 2 people who told him that this is the busiest that they have ever been; they would not be able to look at his house until Sep -he did everything that he could himself but there's no way he can take out the retaining wall, the steps and put in new steps; his plan is to get that all done: take out retaining wall, take out the steps and install new wooden steps Ms. Shaff: - Mr. Leo said that he put in a new water heater; asked if he got a permit for that? Mr. Leo: -I didn't know you had to have a permit for installing a water heater Ms. Moermond: -the contractor who installed it just needs to pull a permit and get it signed-off -asked wherer the mailbox was Mr. Leo: -right next to the door -since last Dec, 2015, we should not have gotten any mail there because no one lived there; my son moved out in Nov 2015 -his daughter moved in Jun 1, 2016; she is changing jobs; his son is disabled and can't work -he agrees that there's a problem with the front steps -you have already taken steps to improve things; you're getting the permit squared away -let's have the inspector do the inspection; -put together a Work Plan for completing the repairs; if you're on track with the other repairs in the house, she can be more generous with the deadline on the front stair repairs; hire that contractor for Sep and get that done this season -right now, your inspection is scheduled for Jul 11, 2016 -will Lay this Over to Jul 19, 2016; you will have an inspection list at that point and you will have locked in a contractor for the front stairs Ms. Shaff: -asked that this would be scheduled for the AM of Jul 19 LH City of Saint Paul Page 15 Legislative Hearings Minutes - Final June 28, 2016 Ms. Moermond: -**** NOTE: this will be scheduled for 11:00 AM of the Agenda for Jul 19, 2016 LH ************ Ms. Shaff: -she will close these referrals and combine them with the Fire C of O so we can deal with it all in one document Ms. Moermond: The following conditions must be met by 7/19/16: 1) provide a work plan with timelines for addressing the corrections list resulting from the 7/11/16 Fire Certificate of Occupancy inspection, 2) initiate--and complete if possible--the corrections prior to 7/19/16 Legislative Hearing, 3) hire a contractor to complete the work . 16 RLH FCO 16-86 Appeal of Allison Klis to a Re-Inspection Fire Certificate of Occupancy with Deficiencies at 984 VAN BUREN AVENUE. Sponsors: Thao Allison Klis, appeared. Fire Inspector Leanna Shaff: -Fire Certificate of Occupancy re-inspection with deficiencies conducted by Inspector Laura Huseby -one item left - multiple windows (frames are rotted; corners are pulling away from rotted trim) -sounds as though Ms. Klis wants to replace all of the windows - just needs time for that -11-unit building Ms. Klis: -she will be signing the window contract today; was told it would be 5-8 weeks for delivery -is requesting an extension to the end of Sep Ms. Moermond: -will grant an extension to Oct 14, 2016 to come into compliance Appeal granted; owner given an extension to 10/14/16 to bring the property into compliance. Referred to the City Council due back on 7/20/2016 2:30 p.m. Hearings Vacant Building Registrations (NONE) City of Saint Paul Page 16