Legislative Hearings

15 West Kellogg Blvd. City of Saint Paul Saint Paul, MN 55102 Meeting Minutes - Action Only Legislative Hearings Marcia Moermond, Legislative Hearing Officer Mai Vang, Hearing Coordinator Jean Birkholz, Hearing Secretary legislativehearings@ci.stpaul.mn.us 651-266-8585 Tuesday, May 1, 2018 9:00 AM Room 330 City Hall & Court House 9:00 a.m. Hearings Special Tax Assessments (VB, B, C) 1 RLH TA 18-207 Ratifying the Appealed Special Tax Assessment for property at 924 BEECH STREET. (File No. VB1808, Assessment No. 188810) Sponsors: Prince Delete; vacant building fee waiver in place and it was assessed in error. Referred to the City Council due back on 5/16/2018 2 RLH TA 18-209 Ratifying the Appealed Special Tax Assessment for property at 619 CAPITOL BLVD. (File No. VB1809, Assessment No. 188812) Sponsors: Thao Delete; Category 1, house was reoccupied within 2 months of anniversary date. Referred to the City Council due back on 6/13/2018 3 RLH TA 18-186 Ratifying the Appealed Special Tax Assessment for property at 308 CLARENCE STREET. (File No. VB1808, Assessment No. 188810) Sponsors: Prince Delete; vacant building fee assessed in error (anniversary date is in May). Referred to the City Council due back on 5/16/2018 4 RLH TA 18-131 Ratifying the Appealed Special Tax Assessment for property at 1786 HAWTHORNE AVENUE EAST. (File No. VB1807, Assessment No. 188808) (To be referred back to Legislative Hearing on May 1, 2018) Sponsors: Bostrom If repairs are done and certificate is issued by June 13, will reduce from $2244 to $1122. Referred to the City Council due back on 6/13/2018 City of Saint Paul Page 1 Legislative Hearings Meeting Minutes - Action Only May 1, 2018 5 RLH TA 18-181 Ratifying the Appealed Special Tax Assessment for property at 358 MARIA AVENUE. (File No. VB1808, Assessment No. 188810) Sponsors: Prince Delete; vacant building fee was assessed in error. Ramsey County Tax Forfeited Land is exempt. Referred to the City Council due back on 5/16/2018 6 RLH TA 18-222 Ratifying the Appealed Special Tax Assessment for property at 2070 MANITOU AVENUE. (File No. VB1809, Assessment No. 188812) Sponsors: Prince Delete; Ramsey County Tax Forfeited Land made payment already. Referred to the City Council due back on 6/13/2018 7 RLH TA 18-208 Ratifying the Appealed Special Tax Assessment for property at 1112 RICE STREET. (File No. VB1809, Assessment No. 188812) Sponsors: Brendmoen Delete; vacant building was closed within 30 days of anniversary date. Referred to the City Council due back on 6/13/2018 10:00 a.m. Hearings Special Tax Assessments (CRT, G T V, A & E) 8 RLH TA 18-168 Ratifying the Appealed Special Tax Assessment for property at 1459 BIRMINGHAM STREET. (File No. J1808E, Assessment No. 188312) Sponsors: Bostrom Delete the assessment. Referred to the City Council due back on 6/6/2018 9 RLH TA 18-194 Ratifying the Appealed Special Tax Assessment for property at 116 JESSAMINE AVENUE EAST. (File No. J1809A, Assessment No. 188518) Sponsors: Brendmoen Approve & spread over 5 years. Referred to the City Council due back on 6/6/2018 10 RLH TA 18-196 Ratifying the Appealed Special Tax Assessment for property at 1283 SAINT CLAIR AVENUE. (File No. J1809A, Assessment No. 188518) Sponsors: Tolbert City of Saint Paul Page 2 Legislative Hearings Meeting Minutes - Action Only May 1, 2018 If by October 5, 2018, no same or similar violation(s), will reduce from $522 to $261. If there is violation, will approve the entire assessment fee and spread over 3 years. Referred to the City Council due back on 10/17/2018 11 RLH TA 18-117 Ratifying the Appealed Special Tax Assessment for property at 351 BATES AVENUE. (File No. CRT1806, Assessment No. 188205) (Amend to File No. CRT1806A, Assessment No. 188213) Sponsors: Thao Approve the assessment. Referred to the City Council due back on 6/13/2018 12 RLH TA 18-123 Ratifying the Appealed Special Tax Assessment for property at 351 BATES AVENUE. (File No. J1805A4, Assessment No. 188523) Sponsors: Prince Approve the assessment. Referred to the City Council due back on 6/13/2018 13 RLH TA 18-201 Ratifying the Appealed Special Tax Assessment for property at 882 CLARK STREET. (File No. J1808E, Assessment No. 188312) Sponsors: Brendmoen Approve; no show. Referred to the City Council due back on 6/6/2018 14 RLH TA 18-82 Ratifying the Appealed Special Tax Assessment for property at 572 DESNOYER AVENUE. (File No. CRT1805, Assessment No. 188204) (To be referred back to Legislative Hearing on May 1) (Amend to File No. CRT1805A, Assessment No. 188210) Sponsors: Henningson Rescheduled to June 5 at 10 a.m. per owner's request. Laid Over to the Legislative Hearings due back on 6/5/2018 15 RLH TA 18-195 Ratifying the Appealed Special Tax Assessment for property at 940 EDGERTON STREET. (File No. J1808G, Assessment No. 188708) Sponsors: Bostrom Approve; no show. Referred to the City Council due back on 5/16/2018 16 RLH TA 18-197 Ratifying the Appealed Special Tax Assessment for property at 1201 EDGERTON STREET. (File No. J1808E, Assessment No. 188312) City of Saint Paul Page 3 Legislative Hearings Meeting Minutes - Action Only May 1, 2018 Sponsors: Brendmoen Approve; no show. Referred to the City Council due back on 6/6/2018 17 RLH TA 18-157 Ratifying the Appealed Special Tax Assessment for property at 1321 FIFTH STREET EAST. (File No. CRT1805B, Assessment No. 188211) Sponsors: Prince Mai K. Her, owner, appeared. Fire Supervisor Leanna Shaff: Fire Certificate of Occupancy Inspection Cost: $808 Service Charge: $157 Total Assessment: $965 Gold Card Returned by: Mai K Her Type of Order/Fee: Fire C of O Nuisance: C of O fee for SFD Date of Orders: Appt letter 09/16/16; C of O Letters sent 10/10/16 (tenants allowed access); 11/1/16 (no answer at door, no one showed up); 12/1/16 - no one answered or showed up; 12/29/16, 12/30/16 - tenants allowed access; 02/1/17 - knocked, no answer and no one showed; 07/03/17 - NA 07/27/17 - no one there, knocked, no answer; 08/29/17 - short orders, back on 8/30 (smoke detectors not up/missing); 08/30/17 - spoke to PO after 2 VM left, says won't be there, said she moved but didn't update. Approved w/ Corrections - need landlord 101 Compliance Date: Re-Check Date: Date Work Done: Work Order #: 15-122999, Inv # 1328213 Returned Mail?: No. Billings sent 09/01/17 and 10/2/17 Comments: Old File No. CRT1805, Assessment No. 188204 History of Orders on Property: Ms. Moermond: we've had missed hearings on this one Ms. Her: I'm here because this is too much for me to pay; this is my property but I moved to a different address; so, I didn't receive anything until when my tenant called me & said that some inspectors came to her house; she gave me the inspector's number & I called him & he gave me the list; that's how I knew that I needed the Certificate; I didn't know that before; when I talked to the inspector, he said that he had been sending me letters; I asked him to which address he sent it; he said it was to my old address & I never received the letters; I gave him my new address -it's too much for me to afford Ms. Moermond: what address does Ramsey County have? Ms. Shaff: 2435 Southcrest Avenue; looks like it was modified by Inspector Gaulke on Aug 30, 2017 City of Saint Paul Page 4 Legislative Hearings Meeting Minutes - Action Only May 1, 2018 -if we're not notified of an address change, we send the mail to the address that we've been given Ms. Her: I called the inspector after 3 months & told him that I couldn't afford if; I asked if he could talk to his boss to lower it for me; then, I received this letter Ms. Moermond: Ms. Her, it's your responsibility to understand that you're renting a property & you need to have a Fire Certificate of Occupancy for it to be legal to rent that property Ms. Her: I didn't know that until the inspector called me Ms. Moermond: you have a responsibility to figure these things out - you're collecting a rent check every month & the city isn't responsible for calling you & telling you this stuff Ms. Shaff: one of your Orders is to attend the Landlord 101 Class, which will help Ms. Moermond: noted her confusion in the bill itself being converted to an assessment; usually the no shows are deleted (policy); that didn't happen in this case; there are 4 no shows: Nov 1, 2016; Dec 1, 2016; Feb 1, 2017 & Jul 27, 2017 Ms. Shaff: it appears that Insp Gaulke abated a few of the items; he approved the Certificate with some deficiencies Ms. Moermond: when I look at the Orders, you're being charged $103 for a Provisional Certificate; the city can legally bill you for that but the city can't legally put it onto your taxes (so that's deleted); the $202 for the Fire C of O fee is flat & you're stuck with it; it would appear that on 3 separate occasions there were re-inspections of your property where no one showed up; & you're being billed for a total of 6 re-inspections, so, I'm going to delete 3 of those re-inspections; that will take $303 off from the $965 = $662 -your next inspection will be in 2020 -I will recommend reducing this to $662 payable over 3 years Referred to the City Council due back on 5/9/2018 18 RLH TA 18-199 Ratifying the Appealed Special Tax Assessment for property at 1754 FOURTH STREET EAST. (File No. CRT1808, Assessment No. 188207) Sponsors: Prince Approve; no show. Referred to the City Council due back on 6/13/2018 19 RLH TA 18-203 Ratifying the Appealed Special Tax Assessment for property at 647 HAGUE AVENUE. (File No. CRT1807, Assessment No. 188206) Sponsors: Henningson Approve; no show. Referred to the City Council due back on 6/13/2018 20 RLH TA 18-210 Ratifying the Appealed Special Tax Assessment for property at 1458 JAMES City of Saint Paul Page 5 Legislative Hearings Meeting Minutes - Action Only May 1, 2018 AVENUE. (File No. J1809A, Assessment No. 188518) Sponsors: Tolbert Approve; no show. Referred to the City Council due back on 6/6/2018 21 RLH TA 18-193 Ratifying the Appealed Special Tax Assessment for property at 1119 LANE PLACE. (File No. CRT1808, Assessment No. 188207) Sponsors: Bostrom Approve; no show. Referred to the City Council due back on 6/13/2018 22 RLH TA 18-192 Ratifying the Appealed Special Tax Assessment for 607 LAWSON AVENUE EAST. (File No. J1809A, Assessment No. 188518) Sponsors: Bostrom Approve; no show. Referred to the City Council due back on 6/6/2018 23 RLH TA 18-204 Ratifying the Appealed Special Tax Assessment for property at 1648 RICE STREET. (File No. CRT1808, Assessment No. 188207) Sponsors: Brendmoen Approve; no show. Referred to the City Council due back on 6/13/2018 24 RLH TA 18-205 Ratifying the Appealed Special Tax Assessment for property at 495 SAINT CLAIR AVENUE. (File No. CRT1808, Assessment No. 188206) Sponsors: Noecker Reduce from $363 to $206. Referred to the City Council due back on 6/13/2018 25 RLH TA 18-200 Ratifying the Appealed Special Tax Assessment for property at 280 STINSON STREET. (File No. J1808G, Assessment No. 188708) Sponsors: Thao Delete, Owner has hauler for this time period. Referred to the City Council due back on 5/16/2018 26 RLH TA 18-231 Ratifying the Appealed Special Tax Assessment for property at 2153 FREMONT AVENUE. (File No. J1808G, Assessment No. 188708) Sponsors: Prince City of Saint Paul Page 6 Legislative Hearings Meeting Minutes - Action Only May 1, 2018 Approve and spread over 2 years. Referred to the City Council due back on 5/16/2018 Special Tax Assessments - ROLLS 27 RLH AR 18-35 Ratifying the assessments for Collection of Vacant Building Registration fees billed during October 30 to January 16, 2018. (File No. VB1809, Assessment No. 188812) Sponsors: Brendmoen Referred to the City Council due back on 6/13/2018 28 RLH AR 18-36 Ratifying the assessments for Boarding and/or Securing services during January 2018. (File No. J1808B, Assessment No. 188109) Sponsors: Brendmoen Referred to the City Council due back on 6/13/2018 29 RLH AR 18-37 Ratifying the assessments for Collection of Fire Certificate of Occupancy fees billed during October 9 to November 4, 2017. (File No. CRT1807, Assessment No. 188206) Sponsors: Brendmoen Referred to the City Council due back on 6/13/2018 30 RLH AR 18-38 Ratifying the assessments for Collection of Fire Certificate of Occupancy fees billed during November 9 to December 11, 2017. (File No. CRT1808, Assessment No. 188207) Sponsors: Brendmoen Referred to the City Council due back on 6/13/2018 31 RLH AR 18-39 Ratifying the assessments for Towing of Abandoned Vehicle services during November to December 2017. (File No. J1806V, Assessment No. 188008) Sponsors: Brendmoen Referred to the City Council due back on 6/13/2018 11:00 a.m. Hearings Summary Abatement Orders 32 RLH SAO Appeal of Jeffery Meyers to a Summary Abatement Order at 337 TOPPING 18-26 STREET. City of Saint Paul Page 7 Legislative Hearings Meeting Minutes - Action Only May 1, 2018 Sponsors: Thao Deny the appeal, noting enforcement to take place after Council on June 6 if non-compliance. Referred to the City Council due back on 6/6/2018 Correction Orders 33 RLH CO 18-14 Appeal of Jonathan Perez to a Correction Order at 272 CONGRESS STREET EAST. Sponsors: Noecker Jonathan Perez, owner Laura Perez' husband, appeared. Supervisor Lisa Martin: 2 Correction Notices were sent out -Mar 28, 2018 - regarding a commercial vehicle parked on an unapproved surface that apparently does not run; it is not permitted to be in a residentially zoned area; I spoke with Ms. Perez, who stated that they are working with city zoning about the parking surface; there was an Excessive Consumption fee issued on this for noncompliance; they were given an extension to May 8, 2018 to resolve the issue Ms. Moermond: it looks like the surface is compacted dirt; what kind of surface is it parked on? Mr. Perez: I'm not exactly sure when that picture was taken; now, I moved it forward to an asphalt surface; the vehicle is still on the property Ms. Moermond: it's a business truck; it does not move & you're not running your business; what's going on? Mr. Perez: my wife & I had the vision of buying a van with the idea of possibly turning it into a small home business; the truck is big; I called the inspector to see if there's any possibility of having it on the property; maybe raising the roof of my garage so that it fits in there or .... we're trying to find a solution that works for everybody Ms. Moermond: if the vehicle is in a garage, is there a concern, Ms. Martin? Ms. Martin: as long as they're not running a business out of the property Mr. Perez: what's considered running a business out of the property? Would it be us, literally having merchandise inside our garage?; if it's all compacted within the van itself? Ms. Martin: it depends upon what you're doing; you'd have to go thru zoning to find out what you could do; there's all different types of licenses Ms. Moermond: some businesses are obviously home businesses & commonly allowed: accountant, lawyer, etc, who have offices in their houses where maybe 1-2 people come & go in a day Ms. Martin: Reid Soley, DSI, would be a good person to talk to (651/266-9120) City of Saint Paul Page 8 Legislative Hearings Meeting Minutes - Action Only May 1, 2018 Ms. Moermond: the other piece is that the vehicle isn't running Mr. Perez: it does need some work; not extensive work; I have family who do mechanic work Ms. Moermond: commercial vehicles can't live in residential neighborhoods; if it's stored in your garage; if it's a business that can be run out of a residence, then I think we can work with you -let's continue this discussion 2 weeks from now; give you a chance to talk to Reid Soley Ms. Martin: instead of Reid, I think that Jeff Fischbach would be a better person to talk to (651/266-9106) Ms. Moermond: we'll talk in 2 weeks; you would have had time to find out about the business & we'll discuss time to fix the vehicle & whether or not it needs to leave the property to be fixed -if things don't go your way & you want to cancel the hearing & figure out a deadline, we can do that too -is this a good time to meet & talk? Do you have to get away from work? Mr. Perez: that's the thing; work is pretty strict right now; I work from 5 am - 2:30 pm Ms. Moermond: Jeff Fischbach will still be in the office from 2:30 - 4 pm, I think -we can communicate by email/phone; we can save you from having to take off from work Mr. Perez: that would be great Laid Over to the Legislative Hearings due back on 5/15/2018 11:30 a.m. Hearings Orders To Vacate, Condemnations and Revocations 34 RLH VO 18-13 Appeal of John Kerwin to a Revocation of Fire Certificate of Occupancy and Order to Vacate at 667 LINCOLN AVENUE. Sponsors: Noecker Laid Over to the Legislative Hearings due back on 5/15/2018 35 RLH VO 18-18 Appeal of Tom Ellermann to a Correction Notice-Reinspection Complaint (which includes condemnation) at 358 ARBOR STREET. Sponsors: Noecker Deny the appeal, noting the garage cannot be used for residential purposes. (Property will be put on night checks) Referred to the City Council due back on 5/16/2018 36 RLH VO 18-19 Appeal of Lavonne Louismet Deyo to a Revocation of Fire Certificate of Occupancy and Order to Vacate at 132 WESTERN AVENUE SOUTH. City of Saint Paul Page 9 Legislative Hearings Meeting Minutes - Action Only May 1, 2018 Sponsors: Noecker Grant a month to comply with the following: 1) eliminate mouse infestation by normal extermination method and sealing holes in basement; 2) ensure all carbon monoxide and carbon detectors are in place and working properly (call SPFD, Safe Haven Program); 3) repair front steps; 4) remove the dryer or correct venting under permit;\ 5) ensure all electrical outlets, switches, and etc. are covered with appropriate plates; and 6) see progress on the probate proceeding. If the above conditions are met, will grant additional time for the rest of the items. Laid Over to the Legislative Hearings due back on 6/5/2018 1:30 p.m. Hearings Fire Certificates of Occupancy 37 RLH FCO Appeal of Joseph Simmonds to a Fire Inspection Correction Notice at 949 18-45 CONWAY STREET. Sponsors: Prince Grant 60 days for compliance. Referred to the City Council due back on 5/16/2018 38 RLH FCO 18-61 Appeal of Gisela Peters to a Fire Inspection Correction Notice at 1428 BERKELEY AVENUE. Sponsors: Tolbert Due to inspector error, DSI has withdrawn its order. Withdrawn 39 RLH FCO Appeal of Shoua Lor to a Fire Certificate of Occupancy Approval with 18-60 Corrections at 591 JESSAMINE AVENUE EAST. Sponsors: Bostrom Grant appeal to be released from the Fire C of O Program. Referred to the City Council due back on 6/6/2018 40 RLH FCO Appeal of Steven Fuller to a Correction Notice - Complaint Inspection at 1694 18-63 MARGARET STREET. Sponsors: Prince City of Saint Paul Page 10 Legislative Hearings Meeting Minutes - Action Only May 1, 2018 Grant 2 weeks to comply with the clogged drain; DSI has withdrawn Items 1, 2 and 3; and an inspector will reinspect the roof shingles to see if needs repair. Referred to the City Council due back on 6/6/2018 41 RLH FCO Appeal of Samrauit Mekonnen to a Fire Inspection Correction Notice at 383 18-62 YORK AVENUE. Sponsors: Brendmoen Grant 30 days for Items 1, 4, 5, and 9 and grant 90 days for the remaining items. For Item 8, if the flags look more like a drape, it will need to be removed. Referred to the City Council due back on 6/6/2018 2:30 p.m. Hearings Vacant Building Registrations 42 RLH VBR Appeal of Richard Berget to a Vacant Building Registration Renewal Notice at 18-24 171 GRANITE STREET. Sponsors: Brendmoen Waive VB fee for 90 days. Referred to the City Council due back on 6/6/2018 43 RLH VBR Appeal of Adam Petterson to a Vacant Building Registration Renewal Notice 18-26 at 602 ORANGE AVENUE EAST. Sponsors: Bostrom Waive VB fee for 90 days. Referred to the City Council due back on 6/6/2018 44 RLH VBR 18-3 Appeal of Danielle Sobaski to a Vacant Building Registration Requirement at 1124 MATILDA STREET. (Public hearing continued from April 18) Sponsors: Brendmoen No one appeared. Ms. Moermond: there was a follow-up inspection today to determine whether or not they were on track to meet the items that were on the Work Plan that were to be confirmed by Supervisor Matt Dornfeld; those things have not been done; if any of them have been done, which I doubt, they certainly haven't been confirmed; we have failures on 2 different occasions for the owner to meet Inspector Dornfeld on site; it would appear that the owner is presently incarcerated, possibly for a longer period of time; so, we're not looking at a quick solution on this -I'm recommending that the Council deny the appeal on the Vacant Building Registration requirement & continue to have this be a Category Registered Vacant Building; it was Condemned; there are still significant life-safety violations in existence City of Saint Paul Page 11 Legislative Hearings Meeting Minutes - Action Only May 1, 2018 -City Council Public Hearing tomorrow, May 2, 2018 ____ Deny the appeal, thus prohibiting re-occupancy pending issuance of a code compliance certificate. Referred to the City Council due back on 5/2/2018 City of Saint Paul Page 12