15 West Kellogg Blvd.

Saint Paul, MN 55102

City of Saint Paul

Minutes - Final

Legislative Hearings

Marcia Moermond, Legislative Hearing Officer

Mai Vang, Hearing Coordinator

Joanna Zimny, Executive Assistant

legislativehearings@ci.stpaul.mn.us

651-266-8585

Tuesday, June 13, 2023

9:00 AM

Room 330 City Hall & Court House/Remote

9:00 a.m. Hearings

Remove/Repair Orders

RLH RR 23-7

Ordering the rehabilitation or razing and removal of the structures at 901

FULLER AVENUE within fifteen (15) days after the March 22, 2023, City

Council Public Hearing. (To refer back to April 11, 2023 Legislative

Hearing)

Balenger

Sponsors:

Layover to LH July 11, 2023 at 9 am for update on foreclosure filing. CCI must be

applied for and $5,000 PD posted by no later than COB July 10, 2023.

Jessica Zeletes, attorney o/b/o Towd Point Mortgage, appeared

[Moermond gives background of appeals process]

Moermond: I first saw this in February, it first went to the City Council in March. I’ve

had zero traction on this. No Performance Deposit and no Code Compliance

Inspection Report. Those are the two markers I look for to continue talking about this.

I am reaching the end of the line of this, the only reason I’ve continued this is because

it is a large home and may have some historical damage. The fire damage happened a

couple of years ago. If I had a better sense of what it was like inside we could all figure

out whether this is a salvageable situation to help inform the person writing the checks

but also the people reflecting on the public’s role. That’s what we’re left with. It took us

chasing down and me personally calling to find the attorney representing this property. I

never do. That’s not ok. Here you are, local?

Zeletes: yes.

Moermond: great. I don’t know how much background you have on this situation.

Zeletes: I have all the documents and have reviewed the file.

Moermond: when I last talked about this with Mr. Greenfield we had discussed ways to

pursue foreclosure, motions to the court, in order that an inspection of the interior

could be conducted. It was not acceptable to say that you are not yet holder of the title

and can’t access the interior at all. This is in danger of being removed, standard

mortgage contractors provide access when conditions are at this level. I need that

inspection report and is the owner acting in good faith if they haven’t even posted the

Performance Deposit when representing significant financial institutions. We received

notification from Select Portfolio who said they weren’t involved, and it was our

understanding that was who Greenfield was representing. What? I’m left with all of

these questions. I’m looking to you to tell me about who you represent, their plan, what

are you bringing to the table in terms of giving a reason to ask for more time from

Council. I don’t have any reason to ask for more now.

Zeletes: I have reviewed the emails between Mr. Greenfield and Joanna Zimny where

he was trying to get the $5,000 but their concern is that since it is foreclosure they

post the $5,000 and the third party comes in and when does that $5,000 come back to

my client.

Moermond: who is your client?

Zeletes: Towd Point Mortgage

Moermond: I know Joanna saying this didn’t seem to be heard, I did review those

emails, the $5,000 Performance Deposit is necessary for anyone to pull a permit to do

work on the property. If your client isn’t ultimately doing the work the practice is the

party doing the work would post the Performance Deposit. We wouldn’t accept that

ABC contracting hired by your purchaser who acquires title after work is done that your

Performance Deposit would work for them doing the work. The ones doing the work

need to have skin in the game.

Zeletes: their own? That’s the sticking point and where the miscommunication

occurred.

Moermond: : and the marker is having the nuisance abated. If the Council doesn’t give

the client time, written request may be made to DSI asking for that money to be

returned. There will be no effort to get the nuisance abated, you can get the money

back by written request.

Zeletes: I understand your frustration.

Moermond: we need that evidence to perform. I would think the value of the mortgage

to be lost would more than offset the risk of losing $5,000. Even if you are going to

lose it is the time worth $5,000?

Zeletes: we aren’t worrying about the City pocketing the $5,000. Its relying on the third

party to do it.

Moermond: does Towd want to enter into an agreement to do the rehab and have a

third party to do it?

Zeletes: they have look at bids and some of those weren’t acceptable. That’s why they

were looking at foreclosure.

Moermond: where are we at with that?

Zeletes: I don’t know

Moermond: I need that. I keep asking before every hearing, can you check the

records, has been foreclosure been filed? The answer is no every time. You are brand

new and I want you to know what a bucket you picked up.

Zeletes: I’m local, I’m not in Florida. I don’t want any misrepresentation going on. There

is movement behind the scenes, but it is slow. I can try and move things along.

Moermond: so, contractors have been inside?

Zeletes: I believe bids just based on the exterior. That’s probably where the

disconnect is too.

Moermond: especially when there has been a fire.

Zeletes: you need the inspection regardless of the deposit?

Moermond: I need both. I would be asking a little old lady with no money. Everyone

has the same conditions.

Zeletes: got it. I think that wasn’t clear--

Moermond: I told them so many times it isn’t even funny. If they misunderstood it was

willful misunderstanding. The same way I was told it was in foreclosure. No. That

Performance Deposit has to be written. That is showing me the good faith right out of

the gate. Get it ordered and conducted. That means a lock box on the door so the

trades inspectors can go in. Any contractor worth their salt without holding that report

in their hand and knowing the minimum expectations.

Zeletes: I will relay that urgency.

Moermond: it is about $500. Two deceased owners, have steps been taken 3 months

ago? 6 moths? 12 months? To start finding family to notify of a foreclosure. $540, so

the ask from the bank would be $5,540. I would expect they want those people located

and involved; I imagine part of this is that the mortgage is high. It may exceed the

value of the property even before the fire.

Zeletes: I think there’s probate going on.

Moermond: I doubt that, but I really hope so. We had a guy in hearings who had talked

to a Joe Ray, but he has never showed up. He has four siblings. The fire report shows

who was living there at the time, I want to say it was a granddaughter. When we get

those things we can get some bids. Towd doesn’t know what they want to do?

Zeletes: and I will put the pressure on.

Moermond: what do they need to do to get the foreclosure going?

Zeletes: it seems it was more the deposit issue and then figuring out how much was

owed on the mortgage, how much it would cost. I think we can get some movement on

this especially with the inspection and deposit.

Moermond: that foreclosure needs action. If I hear its longer than six months for you to

get title, that is crazy. I’ve been sitting here for 3 months in a fire damaged structure

from 2021. No more misstatements about where we are at in foreclosure.

Zeletes: absolutely.

Moermond: and you are here and local, but I have to be clear on the value of this

history.

Zeletes: I’m ready to turn this ship around.

Moermond: Mr. Yannarelly, any nuisances?

Yannarelly: no.

Moermond: is it safeguard who is stopping by?

Zeletes: I don’t know.

Moermond: I need to send this to Council and I’d like to give you some time to work on

things. I think it would be reasonable to expect by June 27 the Performance Deposit

and the Code Compliance Inspection report applied for. If that doesn’t work we will

need to chat about that.

Zeletes: can we push this to July 11?

Moermond: I’d like to put it to hearing July 27 for us to have us further conversation.

That being done would be the good faith point.

Zeletes: I cannot be there June 28th. I also need time to catch up, I’m a full-time

attorney and will be in hearings and court.

Moermond: we have a number of tricky spots on our calendar as well. No hearings July

4, which throws off our calendar. Council doesn’t meet July 5, so July 12 is their next

case. If you can get the Performance Deposit and Code Compliance Inspection

applied for, including the lock box on the door, So we can send that to July 12 and talk

July 18.

Zeletes: that works. So, Performance Deposit and Code Compliance Inspection by

July 12?

Moermond: yes, and a thorough report on what steps have been taken on the

foreclosure action at that time. How to get that mortgage holder into title. The size of

the mortgage is the tipping point on this. You’re in a loss mitigation game.

Zeletes: I totally understand the Council’s frustrations. I’m going to turn the ship

around.

Referred to the City Council due back on 7/12/2023

RLH RR 23-8

Ordering the rehabilitation or razing and removal of the structures at 1082

LOEB STREET within fifteen (15) days after the March 22, 2023, City

Council Public Hearing. (Refer to June 13, 2023 Legislative Hearing)

Brendmoen

Sponsors:

Layover to LH July 25, 2023 at 9 am. Purchaser to submit work plan including

schedule and bids, financing, and affidavit.

Heidi Hovis, attorney o/b/o MN Department of Housing, appeared

Edwardo Rikprashad, purchaser, appeared

Moermond: any update from DSI on this?

Joe Yannarelly: No, it has been quiet at the property.

Moermond: last time we spoke you had a purchaser. Are you Mr. Edwardo Rikprashad,

Intact properties?

Rikprashad: yes.

Hovis: we’re in a good place. We have a copy of the purchase agreement with the

addendums, and the Performance Deposit and the financial statement to complete this

work. He’s going to rehab, not demo.

Moermond: what is the closing date?

Hovis: June 30th, if not sooner. WE wanted to come here first.

Moermond: this is sounding good. And for the benefit of the audience this property can

transfer as a partner of the City under chapter 33.

Rikprashad: I own a construction company and Intact Property is a separate business

I buy houses under. I don’t like the term flipper. I’m not in that business. I do these

houses well. I’ve done 5 or 6 in Minneapolis. I bought two in December, and they’re

back on the market. This property will be done in under six months. We’ll redo the

roof, plumbing, saving some things, repairing the rest.

Moermond: you are a General Contractor?

Rikprashad: for commercial, not residential.

Moermond: do you have bids from your subs yet on the trades work?

Rikprashad: yes. I have the form I do with my experience from other properties, that’s

where I pulled the numbers.

Moermond: a pro forma we are happy to put on the record. That tells me how you make

this cash flow, but for my purposes your decision to acquire is a private decision and

up to you. For my purposes I look for assurance that whoever is on your side of the

table can execute the rehab. I need a sworn construction statement, work plan, scope

of work, that shows how we get from where we are now to getting it complete. The

issuance of the Code Compliance certificate. That should include subcontractor’s

bids. The only exception would be a general with in house subs. We know when they

will do the work, approximately, and the financing that you have the wherewithal to pay

for those contractors. I would hate to see we get into this and the money goes away

and we have a half-fixed house and no ability to move forward. And then you heard

about the $5,000 Performance Deposit which is refundable.

Hovis: the paperwork is completed; it is my understanding it will happen today.

Rikprashad: are you suggesting I have to have a general?

Moermond: with respect to pulling building permits, I hate to say that just about anyone

can, the exception would be things that require engineering. In your situation as I

understand it we have some significant retaining wall and I don’t know whether you will

need an engineer or landscape architect to deal with that. That isn’t my call, that is part

of permit review. Mr. Yannarelly?

Yannarelly: I think you captured it. He has seen the side and knows the difficulties of

the landscape. That’s the one hurdle of easy development.

Moermond: you can apply for the building permit.

Hovis: and the scope of work is something he can put those timelines based on his

experience?

Moermond: yes, and when someone is doing that work on their own it is sometimes

helpful to calculate the value of that work and the cost of your own labor and what you

bring to that, as well as value of the supplies. That would be a part of the total cost of

doing the work. The City estimated the cost exceeding $65,000. It seems low to me

with the retaining wall situation.

Rikprashad: my number is $82,000 as of now. I think the retaining wall is repairable.

There are some holes and masonry block and needs a facelift.

Hovis: would you like to see the purchase agreement?

Moermond: yes. It sounds like you have bids from people you’ll be working with?

Rikprashad: bids for plumbing, electrical, $15,000 for the kitchen Home Depot coming

in. I’m doing one for a different property now.

Moermond: we need those numbers before I make a recommendation before the City

Council votes. Absolutely you can close, but you won’t get your 180 days until after we

have on record your plan and bids. Just so you know that is the order of events.

Rikprashad: once I get access I can pull that together, no problem.

Moermond: you are hiring the kitchen rehab to Home Depot; they will need to pull the

permits for that work. There is also permitting work for other parts that Home Depot

wouldn’t pull, someone else would.

Rikprashad: right, plumber, electrical, HVAC.

Moermond: so balance you’ll have with other contractors. In the normal course of

events, a rehabber would hire one plumbing contractor, one HVAC contractor, so one

permit for each of the four trades. You are probably going to have two permits in these

areas for different spaces. I would say you want to have a conversation with Clint Zane

head of time. He is the building inspector who is in charge of dealing with registered

Vacant Building in this category. He can help you navigate how to pull those permits.

When the permit desk gets that application they will look at the Code Compliance and

expect you to do be doing all the electrical. Make a plan with him on tackling that so it

goes more smoothly. Will you be good to have a conversation after closing on July 18?

Rikprashad: yes.

Moermond: we’ll have a hearing that day. If you get me that information beforehand, if I

can review and say it is complete and we have what we need you are greenlighted to

pull permits even before the Council votes. If we still have some dangling pieces,

which isn’t a problem, we can deal with that July 18th and figure out how to address

that. So, you can start sooner but we have to clear it.

Laid Over to the Legislative Hearings due back on 7/25/2023

RLH RR 20-22

Ordering the rehabilitation or razing and removal of the structures at 678

SNELLING AVENUE NORTH within fifteen (15) days after the May 27,

2020 City Council public hearing. (To refer to March 28, 2023 Legislative

Hearing)

Jalali

Sponsors:

Recommendation forthcoming pending review of scope of work.

Lisa Kugler, consultant, appeared via phone

Voicemail for Gelgelu at 10:18 am: this is Marcia Moermond from St. Paul City Council

calling you and Lisa Kugler about 678 Snelling. I’m hoping we can get ahold of you; we

weren’t able to even get into Lisa’s voicemail. We’ll try back again in 20 minutes or so

to connect with you.

Kugler: Gene is on vacation and out of the country.

Moermond: sounds good. Hopefully we can start wrapping up the paperwork on this

one. I know Joanna sent you a letter May 26 about what we were looking for. We don’t

have anything new, where are you at with that? Bids and a schedule and proof of

financing which I know isn’t money in an account.

Kugler: I sent all that. Give me a moment. Hmm….let’s see. I remember writing it.

Moermond: we did get a one pager May 18th, the week before the letter.

Kugler: no, this was on Thursday. Anyway, I did it all. We have no bid, we have an

estimate from the General Contractor. We couldn’t bid the subs until we were positive

we had all the funds and revising the design because of the B3. I sent the estimate

without the detail. We don’t want to give subcontractor the number to meet and the

funding commitment and timeline. I can’t believe I didn’t send it. Do you want me to

send it right now?

Moermond: yes, we’ve checked our emails and don’t see anything.

Kugler: I will send it to Joanna now. I’m so sorry.

Moermond: your contractor, Cushing Terrell went to DSI and applied for a 4.4 million

dollar building permit. Our office had to advise to not accept it since there isn’t

approval by the Council on the grant of time. Your folks are on hold pending this, just

so you are aware. That has to sit until we get this squared away.

Kugler: decision by you or the Council?

Moermond: if DSI and I are in agreement the materials are good to go it would be

greenlighted. If for any reason there is something left to deal with the Council won’t

jump and knock it down, we want to see you start. Because of the scope of the project

I don’t want to review this on the fly. We’ll try and get that done today and let you know

if there are any follow-up questions.

Kugler: ok. The plans are the ones submitting to DSI. I didn’t submit them with this, I

didn’t think I needed to.

Moermond: you don’t need to; it needs to go to Council. DSI wont issue permits on a

building that may be demolished. This will be an exceptional project moving forward. It

will take longer because of the scope. We just need to flesh out the details.

Kugler: the review can’t start until Council meets?

Moermond: they won’t accept until Joe Yannarelly and I review and decide the materials

submitted are good and the recommendation to the Council will be to grant the time. It

is our hope that we could do it that quickly. Other questions?

Kugler: no, I didn’t understand. The architects were surprised.

Moermond: of course, we are still trying to put to bed the situation that the investors

from New York created at this property. We’ve received your information now and the

information will hopefully be reviewed today.

Kugler: if you would not publish the letters from the foundations, because people will

call the people at the foundations.

Moermond: what do you mean?

Kugler: we have letters from the Foundations with grants, signed by someone at the

foundation, if I were looking for money I would try to get ahold of people. They are not

public servants who take unsolicited inquiries. If you could avoid publishing those

foundation letters, there are 4 or 5. There is a list with the dollar amounts.

Moermond: I see that. I’ll be straight with you on this, I’m not sure I can grant that

request. We’re in a position of needing to document the money is there and the

foundations are a part of that demonstration. I understand where you are coming from

but at the same time it is evidence of financing for the project. Have you checked with

them about their concerns?

Kugler: no. They’re just always so busy, one doesn’t wish to bother them.

Moermond: the fact they are providing money, in the amount they are, have been in the

reports and is of record already. I’ll talk to the City attorney’s office about this and let

you know.

Kugler: sounds good. My apologies for not sending those in.

Referred to the City Council due back on 7/12/2023

RLH RR 23-28

Ordering the rehabilitation or razing and removal of the structures at 1043

BEECH STREET within fifteen (15) days after the July 19, 2023, City

Council Public Hearing.

Prince

Sponsors:

Grant 180 days pending submission of detailed schedule, completion of the CCIR and

taxes brought current.

Joe Steinmaus, purchaser, appeared

Staff report by Supervisor Joe Yannarelly: the building is a one-story, wood frame,

single-family dwelling with a detached two-stall garage on a lot of 4,918 square feet.

The property was referred to vacant buildings by code enforcement due to no water

usage in over six months. The current property owner is Diane E. Martin (deceased),

per AMANDA and Ramsey County Property records.

On March 16, 2023, 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 March 22, 2023, with a compliance

date of April 21, 2023. 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 $12,900 on the land and $184,000 on the building.

Real estate taxes for 2019 through 2022 are delinquent in the amount of $24,330.77.

Taxes for the first half of 2023 have not been paid ($5,165.68 is owing). Property is

scheduled for tax forfeiture July 31, 2023. The vacant building registration fees were

paid by assessment on August 1, 2022. A Code Compliance Inspection was ordered

on May 17, 2023 but has not yet been completed. The $5,000 performance deposit

was posted on May 17, 2023. There have been thirteen Summary Abatement Orders

since 2021. There have been fourteen work orders issued for: Garbage/rubbish,

Boarding/securing, Tall grass/weeds and snow/ice. Code Enforcement Officers

estimate the cost to repair this structure exceeds $100,000. The estimated cost to

demolish exceeds $25,000.

Moermond: sounds like you are ready to go, title-wise we have a deceased owner and a

couple liens. You have the mortgage dealt with the liens? I have a satisfaction of

mortgage and deed of sale.

Steinmaus: we are waiting on the Code Compliance inspection and then they’ll take the

$5,000 on the medical lien. I’m going down there tomorrow to post a few thousand to

get it out of forfeiture.

Moermond: so, you’ll have a work plan in no time at all.

Steinmaus: yes, and we’re ready to start. They want to see the Code Compliance

Inspection.

Moermond: this doesn’t go to Council until the 19th? Did you want to begin before

then?

Steinmaus: yes.

Moermond: if we can get the rest of these things in, we have financing, affidavit. We

need taxes up to date, Code Compliance in hand, and the timeline fleshed out more

than start and end date. Once we get those we’ll consult and I can greenlight permits.

Referred to the City Council due back on 7/19/2023

RLH RR 23-29

Ordering the rehabilitation or razing and removal of the structures at 1862

IVY AVENUE EAST within fifteen (15) days after the July 19, 2023, City

Council Public Hearing.

Yang

Sponsors:

Layover to LH July 11, 2023 for review of detailed schedule based on completed CCIR

(CPH July 19).

Joe Steinmaus, purchaser, appeared

Staff report by Supervisor Joe Yannarelly: the building is a one-story, wood frame,

single-family dwelling with a detached one-stall garage on a lot of 6,325 square feet. A

Legislative Hearing was held on November 4, 2020 for an appeal by the owner of

securing the property by the St. Paul Police Department. Owner said house had been

vacant over a year. It was secured by other than normal means and had multiple

deficiencies visible from the exterior; inspector opened a preliminary vacant building

folder on November 5, 2020. On September 23, 2021, the property was found to still

be secured by other than normal means and inspector changed the status to a

Category Two vacant building. The current property owner is Elaine M. Vallant, per

AMANDA and Ramsey County Property records.

On March 29, 2023, 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 April 12, 2023, with a compliance

date of May 12, 2023. 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 $25,000 on the land and $136,800

on the building. Real estate taxes are current. The vacant building registration fees

were paid by assessment on October 3, 2022. A Code Compliance Inspection was

ordered on June 5, 2023 but has not yet been completed. The $5,000 performance

deposit was posted on June 5, 2023. There have been eleven summary abatement

notices since 2021. There have been sixteen work orders issued for: Garbage/rubbish,

Boarding/securing, Tall grass/weeds and Snow/ice. Code Enforcement Officers

estimate the cost to repair this structure exceeds $75,000. The estimated cost to

demolish exceeds $25,000.

Moermond: Mr. Yannarelly, this appears to have had chronic break ins and lots of

police orders to secure after visiting. So, a significant neighborhood problem up until

this point.

Yannarelly: correct.

Moermond: Mr. Steinmaus you have bought this?

Steinmaus: the purchase agreement indicating we can’t transfer title.

Moermond: and we have everything except the work plan with dates and the Code

Compliance Inspection report being done. This goes to Council Public Hearing July

19th, let’s put it on our calendar July 18th and put it to bed. Sounds like it may be a bit

longer to pull those together.

Laid Over to the Legislative Hearings due back on 7/11/2023

10:00 a.m. Hearings

Making Finding on Nuisance Abatements

RLH RR 23-30

Making finding on the appealed substantial abatement ordered for 1011

BURNS AVENUE in Council File RLH RR 22-63.

Prince

Sponsors:

The nuisance is abated and the matter resolved.

Joe Stainmaus, owner, appeared

Moermond: noting the nuisance is abated and matter resolved.

Referred to the City Council due back on 6/28/2023

RLH RR 23-27

Making finding on the appealed substantial abatement ordered for 587

COOK AVENUE EAST in Council File RLH RR 22-52.

Yang

Sponsors:

Layover to June 27th, 2023 at 10 am (need % complete).

Moermond: this was rescheduled to June 27th because Mr. Zane didn’t schedule the

inspection until after this hearing.

Laid Over to the Legislative Hearings due back on 6/27/2023

RLH RR 23-18

Fourth Making finding on the appealed substantial abatement ordered for

318 EDMUND AVENUE in Council File RLH RR 21-11. (Public hearing

closed and laid over from April 26, 2023)

Balenger

Sponsors:

Recommendation forthcoming (pending finaled permits and issuance of CC certificate).

Aychoeun Tea, mother of owner, appeared

Moermond: we were checking on status of the trades permits. We talked about the

status last time and need to finish them. We checked yesterday and what we know

what now from the computer is that for the electrical permit, there was a rough-in

inspection on June 2 and corrections were required. Warm Air the last inspection was

in November 2022. That is more than six months ago, so that is a concern. The

mechanical and gas permit for air you had someone out May 23, and then today. That’s

great.

Tea: electric?

Moermond: that was the first one I mentioned, he had corrections on June 2.

Tea: he came on June 9th and everything passed but now he sees my counter is

longer and wants two more lines. He comes and inspects again this Friday, between 10

and 11.

Moermond: Friday June 16th he will reinspect?

Tea: yes.

Moermond: building I know Clint was out there and looked at things. Were you with

him?

Tea: I was with. He said it looked good, 75%, and I asked for corrections, he said no

just finish. Then he will come back to inspect. Just check the window screens.

Moermond: what is going on with your warm air permit?

Tea: I called the heating guy and he said he had to talk to the contractor but they said

they would come inspect today. I think there was a small correction.

Moermond: Richard MacCalester will be out there to meet the inspector?

Tea: yes, today.

Moermond: you think the electrical will be done Friday?

Tea: yes, it is done.

Moermond: you think you’ll get your final Friday?

Tea: yes, it was two lines.

Moermond: and Mr. Zane didn’t have any corrections, just was waiting on the trades.

Tea: yes, no corrections by him.

Moermond: June 21 this goes to Council again. If things go according to plan and the

trades sign off on permits at the inspections this week. It seems like you’ll be done

but you’ll need Clint Zane to sign off quickly. We can send an email to Clint that when

he comes back, he could look at it Monday or Tuesday next week and hopefully issue

that Code Compliance certificate. We’ll remind him of your Council Public Hearing.

You have $5,000 riding on this being done. We’ll emphasize that with Mr. Zane and

need that Code Compliance certificate. It sounds like things are getting done and it

feels good sitting here. If for any reason you don’t have the Code Compliance

certificate, some to the Council Public Hearing next week.

Referred to the City Council due back on 6/21/2023

RLH RR 23-11

Making finding on the appealed substantial abatement ordered for 733

FAIRVIEW AVENUE NORTH in Council File RLH RR 22-28. (To refer to

April 25, 2023 Legislative Hearing)

Jalali

Sponsors:

Layover to LH July 11, 2023 at 10 am for further discussion after Building Official

review of file.

Stamate Skliris, owner, appeared

Herb Smith, contractor, appeared

Skliris: what was the purpose of this hearing?

Moermond: we didn’t have a percentage completion and significant disagreement about

permits and what was done. Being past the 50% mark is what makes this $5,000. You

all met on site and talked this through?

Skliris: I didn’t really have a choice. I was told to be there. I was also told that

contractors would be there, they are not.

Moermond: I don’t know why the City would call your contractors, those are your

employees, if you will.

Staff update by Supervisor Joe Yannarelly: the individual City inspectors, Chris

Whiskur found ducts were installed without and covered up without permit or

inspection. Must either open up walls that now have drywall on them so inspections

may be done or will need to have ductwork aerosealed from the inside. If aeroseal

method is used the ducts will need to be professionally cleaned beforehand. Will also

need to pull some parts

to show the inspector that the dryer vents and bath fans have been properly insulated.

The furnace boot that was installed is undersized and will need to be replaced which

will result in a gas manifold to be

replaced as well due to is proximity. There are UV lights in the furnace that will need to

be removed or moved to a location proper distance from the components that are

negatively affected by UV rays. Other miscellaneous items may require inspection and

or correction, however, these were the main items that were discussed due to them

being covered up.

Electrical inspector Dave Blank says there were some underground wiring that will need

to be exposed to

verify proper depth and conduit. Other miscellaneous items may

require inspection and or correction, however, these were the main

items that were discussed due to them being covered up.

Mechanical inspector Laurent Wickland says there were no items cited per our records

that would require us to open up walls to inspect. It is notable that various work has

been done by the owner and his contractors over the years and we cannot be sure that

additional gas lines were or were not installed. We will not require the walls to be

opened, however, if gas lines were installed under the radar and were not positioned at

the proper depth inside the wall cavity, this could be a lethal hazard. The owner has

assured us that no additional gas lines have been installed after they were inspected

by Chris Christie (Previous mechanical inspector). Other miscellaneous items may

require inspection and or correction, however, these were the main items

that were discussed due to them being covered up.

Plumbing inspector Jim Kaufer noted the walls/ceilings will need to be opened up to

inspect the water

heater venting and to properly install the shower stalls. Jim contacted the plumbing

contractor who claimed he had not been to the site since rough-in inspections were

done. The installations of the showers were done without permit.

The owner continues to claim this will be his primary residence. Numbered bedroom

doors, labeled light switches/outlets, exit signs, programmable locks that prohibit entry

into bedrooms without a code all lend themself to this being used as a bed and

breakfast lodging house. Multiple workers hired by the owner have also stated that this

is the intended use, specifically a Greek themed lodging house. This would require the

owner to have licensed electricians and plumbers doing associated trade work.

Moermond: the only permit that affects is the electrical permit, as the building permit

was pulled by Rottworks. It is possible for an owner occupant to pull an electrical

permit. That would be the main question. Any other codes that come into play, which

I’m not hearing any called out, it could be this needs to be a licensed endeavor.

Skliris: so we don’t get lost in the weeds, certain comments or statements have been

made by the building inspector and they are falling on deaf ears. Dave Blank was in

front of me and Mr. Zane on the back patio and he made that comment and Mr. Blank

confirmed in front of us that Amek Electric from Chaska MN, a master electrician, he

said Stamate hired them, professional electricians, and they installed a 300 AMP

breaker and fished all the wires and did the work and Stamate is just putting on the

camp. That was verified by Dave Blank.

Moermond: how do you spell Amek?

Skliris: Aaron Schmidt, Amek Electric.

Moermond: and I don’t know if the name on the electrical permit can be switched from

you to them. As far as you doing that minor amount of electrical work, I’m not sure

capping even needs to be permitted. That is one way to at least put that to rest. I’m

trusting you and trusting this.

Skliris: you are welcome to talk to Dave Bank.

Moermond: this is confirmable, I’m taking you at face value.

Skliris: when Dave came downstairs previously, he is a gentleman I wish everyone was

like him, he asked in the past--which is in the compliance report-- to add extension

boxes. Those were added. Now he came back and there are receptacles about 8 for

each room, they are costly, like $37. He wants them changed to GFCI. So that’s

another $2,000. I can’t return those and have to buy new ones. This is beyond just

putting on the caps, it is swapping the receptacle. This was not noted previously.

That’s the theme. The bar keeps changing. I satisfy things and then there is a new

sheet with brand new requirements. That is the underlying theme I am trying to convey.

It is conspicuous. It is obvious. Mr. Zane said he’s “here to help me land the plane.”

My colleagues, a US attorney, who has been watching this with many different people,

said he thinks he’s trying to crash my plane.

I remember meeting you in 2016 when I had to come from North Dakota. The home,

according to Herb who is a licensed contractor for years, was 99% done. Now new

things are asked for me to do. For 5 years the basement was open, inspectors came.

They passed the venting. They passed various things. Now suddenly mysteriously--

and I have tags saying I’m good to sheetrock, so I do that. Now suddenly they’re

saying I have to open it because you don’t have any records of it.

It should be noted that since I started this project we’ve had Reid Soley, Nathan Bruhn,

Christie Dick, Jim Seeger, Robert Humphrey, Clint Zane, Steve Ubl, Matt Dornfeld. A

lot of different names. Growing up in a restaurant? Many chefs spoil the broth. A lot of

different people and opinions. That’s why Mr. Cyrus, the plumbing contractor says you

have a different inspector, I don’t want to get involved because he’s going to ask me to

do new things. The big picture is, do we really want Stamate to land this plane? I’ve put

about $300,000 into this house. Since I graduated law school my goal was to move

back and be close to my church and friends. When Herb was there on my behalf and

gave a tour to Mr. Zane, Mr. Smith made a passing comment about he would make it

an AirBNB if it was him. Now it is all twisted. And I’ve repeated it and repeated it and

said Mr. Zane, that is my bedroom. That is Fairview. I can go straight to the airport on

this road. He insists. Who would put a chapel in their home? An orthodox chapel? Who

would put a generator for an AirBNB client? Who would live there and want to rent a

place when the homeowner is living there? Who would have a gun safe with firearms in

it in an AirBNB? He has tunnel vision. We’re not trying to land this plane. I’ve been

coming 3 hours back and forth from Sibley County. People are covering for me.

Because this is very arbitrary and capricious this is the 2021 report. Everything has

been satisfied on it. The new one has new things for me to do. Because this is

arbitrary and capricious, fortunately one of my close friends is a member of the City

Council and has asked me to stop by.

Moermond: this City Council?

Skliris: yes.

Moermond: that’s ex parte communications, you get that right?

Skliris: it is, but something has to happen. If I go in front of the whole Council I can

vent my---

Moermond: absolutely you can. That is why we have public hearings, for that forum. My

job is reviewing the information and problem solving. I’m trying to thread a needle and

get us through this as efficiently as possible. All I can do when there are different

opinions about where we were at is to ask for people to look at things and get more

specific. That has happened. At this juncture my goals--

Skliris: and what is your authority Madame Moermond? What can you do to facilitate

us to actually help us land this plane?

Moermond: my goal is to tell the City Council two things: what are my findings; is the

nuisance condition abated? If it isn’t abated, what my recommendation is on how to

proceed? There are two pieces of how to proceed. One has to do with the Performance

Deposit and the other has to do with completing the rehab versus moving towards

demo. I have two-thirds done. I know the job isn’t done yet. I am not getting a number,

which I have brought back to Clint Zane. Based on what I’m seeing it is more than

50%. That means your Performance Deposit is automatically continued and an

additional Performance Deposit isn’t required. So that is done.

Now we have moved into a work plan for getting to the finish line. That’s where this

conversation comes in. What that work plan looks like is what we’re having a

difference of opinion about in some of the items. The way I personally work on those

things is to talk directly to the Building Official. The guy in charge of all of the building

inspectors. Walking thorugh this, the record and documents you brought in today.

Those should be present in that conversation and that would provide one review in the

dispute to give me his opinion on how to proceed.

Skliris: we’re missing the 2021 report, the 2016 report, the 2015 report, the new things

being generated and asked of Stamate Skliris to do. Raising the bar. No light at the

end of the tunnel based on my experience with the new building inspector. Generally,

you satisfy things, it is conspicuous, you check off the requirements. Now it is not

good enough. Now we’re going to make you open up your sheetrock. Now your duct

work.

The last time we were here there was only one inspection that was articulated. Slowly it

trickled in through emails and there was more of a list. That’s our concern. Herb says

“Put the onus on them! They lost the inspections. They need to find them.” Who is

suffering from that? Me. I’m the one doing jump rope. Who pays for me to come from

Sibley County missing court and having to get coverage because they lost inspection

confirmation. Not only did they lose them, but they’re also asking me to open

sheetrock and tiled bathrooms? That can’t happen. That is something the newspapers

would love to write about. It is a shame because it can be resolved simply. The City

needs to find Ms. Dick and found the 5 copper pieces and mechanical is good to go,

you’re good to sheetrock. Now the language in here is very disparaging saying “he

assures us he didn’t add any more”. Add any more what? There’s no need to add any

more gas. But the language is very disparaging. The big elephant in the room is that

I’ve satisfied what was asked, there are new requirements of me, and part of the

reason is because they can’t find confirmation that this was inspected. Now Patton

Heating and Cooling has a bill for $23,000 of which they have received $18,000.

They’re upset because they have to pay someone to go through their warehouse and

find receipts and permits. They have five trucks. They are very busy. This is stirring a

hornet’s nest. As I good boy I satisfied what was asked of me and now “Stamate you

shall open the home, we shall come in all five of us.” Now new things pop up.

Moermond: I hear you. I see you brought documents with you. I think it is important to

have the documents you brought of record. Let’s put together the entire package. We’ll

scan in things you want and then I’m happy to hear all the comments. I want to make

sure we take the time to get those things in. I think they’re important. I’m happy to do

some comparison work. At the end of the day for my purposes this impacts what that

work plan looks like. From where we are to getting your Code Compliance certificate

issue and being done. This is all about work plan and what should actually be on it. Is

that where your thinking is?

Skliris: I am but there is one small piece that is a little bit unreasonable. Fortunately, I

have tags of what inspectors left. I also have photos. However, I lived 20 hours round

trip at the time, so for me to go through 76,000 Google cloud photos to supplement

them? The onus shouldn’t be on me. It should be on the City.

Moermond: message received. You brought it in and you are showing it. It is

emblematic of the problem you are talking about. You’ve testified those photos exist.

You feel the City is the enforcement agent, message received. Whatever you have to

document your position. I have to figure out a path forward and respond to your

concerns. I am taking them as you send them in.

Skliris: I would like you to acknowledge there was a 2016 report. The 2021 report. The

newest before Mr. Zane came over today. That 2021 report asked Mr. Skliris to

complete a list and I did it. You would think, congratulations.

Moermond: I need to look at the comments Mr. Yannarelly read into the record and

compare to the 2021 report. That’s my due diligence.

Skliris: and if they’re different doesn’t that send red flags?

Moermond: that is what I would want to talk to the Building Official about.

Skliris: and what is the solution? The redress? Besides the City Council. I’m trying to

keep this congenial. A neutral party I feel is subjective.

Moermond: and I’ll backtrack some and be clear with you about Matt Dornfeld, Reid

Soley and now Robert Humphrey. Matt Dornfeld is a vacant building inspector. He

would have been supervising Vacant Building inspectors, he may have been at your

property, but he looks at whether the lawn is mowed, police problems. The basic

management guy. Reid Soley and Robert--

Yannarelly: when you’re talking about the Chief Building Official you’re talking about

Steve Ubl. I think that’s the disconnect. He’s not catching you will bring this to Clint

Zane’s boss.

Moermond: that’s Clint Zane’s boss’s boss.

Skliris: I brought up Matt Dornfeld, I understand his role, ever since he came he

thanked me and said it was so nice. It changed from a Category 2 to a Category 3.

Which is huge because Mr. Skliris is no longer able to renew his permits. It cuts off

my hands. So Cyrus, the plumber, who the City of Saint Paul advertises as one of its

five, and asked me to go down to pull the permit and pay for it. I went down to pull the

plumbing permit and was told now my contractor have to do it. These obstacles

complicate things.

Moermond: organizational chart-wise. You were not dealing with the inspector’s leads.

Say, Dave Blank’s boss. Then there is the City’s Building Official. That is a State role.

That is Steve Ubl. His boss is the deputy director, then it is Angie Weise. If it is

necessary to involve them, great, it doesn’t change the fact that Steve Ubl holds the

position of Building Official. There are responsibilities incumbent upon that position

that aren’t held by the Director or Deputy Director. He is also the appeal authority on

any building code issue at the local level. We’re going to discuss it, your comments,

make sure we have the record. Make sure it has been carefully reviewed. He is the

guy. I hear you want to say no work plan, we’re done, give me the certificate. We can

figure that out. I’m wondering if you do have a list of things you believe need to be

completed before you cross the finish line? Setting aside these comments, your

thinking on finishing items.

Skliris: the biggest thing would be to put a new landing on the back door. Most of the

receptacles are hanging out so they can have a fresh coat of paint. HVAC contractor

has to reclean the duct work after all this dust.

Moermond: electrical receptacles and duct work, yes.

Skliris: the jacuzzi attachments have to be reattached after tiling. The kitchen island

has to be connected. The vent hood, they came and the wire was too low. They are

coming back this Friday.

Moermond: the other thing I’ll say is that the permits are pulled. The conversation we’re

having shouldn’t slow the progress you’re working on. I get the finish line stuff.

Skliris: there is another bad faith piece. One of the main accomplishments for lay

people to know is when you pass the plumbing rough in inspection, the air test and

PVC. So you have the shower faucet and it is ready to go and you can tile around it or

whatever you want. The tile was put on and there is a box you get at Menards—

Moermond: why don’t we take this opportunity to bring up the photos on screen.

[photos Mr. Skliris submitted are reviewed]

Skliris: this is the main floor bathroom. That is real marble. There is a glass shower

install you put together with instructions. This is the main bathroom on the main floor.

The issue that is problematic and shocks the conscience of my colleagues is in the

report—I’m not trying to be long-winded. I am trying to be diligent. I was able to

converse with all of the inspectors. One was evasive and I didn’t get to speak with. I

shook everyone’s hand, asked who they were, he was there and gone. That was the

plumbing inspector, Jim. I asked Zane where Jim was. He said he left. I said I needed

to talk to him, can I call him? He said “no, no, no, don’t talk to him. You can’t talk to

him. He’s going to file the report and then you can follow-up.” I knew there was

something wrong. I put up the shower stall and then the report it says, “rip them down,

the plumber has to put them up.” I called Cyrus’s brother Dick, he said “Stamate it

doesn’t make any sense. It has nothing to do with plumbing.” In fact [shows photo of

gray bathroom] Herb and I put one in my parent’s home six years ago. This is a photo

of the same bathroom, 49% complete. This is the same one, different view, the handle

needs to be put on but any lay person who can put together a model airplane can put

together a shower stall from Menards. That’s liquid nails. If I am asked to remove it

that is $1,499 at Menards. Who is going to pay for that?

Moermond: and you’re saying the rough in passed, I should be able to put this basic

tile on myself. Gotcha. Let’s move on.

Skliris: correct. This is a photo from upstairs going downstairs. The main floor living

room is tiled. This is the basement. There’s a main floor, an upstairs and the

basement. It is a 1901 home. That was a cellar. I took away the sand and lowered it 7

feet. That’s the tile floor, same as my parent’s home, with the same motif. Because we

put the Greek key in our home that we’re all going to make it a bed and breakfast.

Even Giannis Antetokounmpo has the Greek key on his Nike shoe because he was

born in Greece and proud of his heritage. That doesn’t mean I’m going to make it into

a business.

Moermond: I’m good.

Skliris: this is the bedroom on the main floor. This is the upstairs bathroom, all

complete. This is the upstairs bathroom again, complete. This is the upstairs living

room with 2 bedrooms, the bathroom is to the left. When I was in North Dakota and

someone said, “hey Stamate, where do I put this?” I said the bedroom and they’d ask

which one? So I put numbers on, 1, 2 and 3. There aren’t any downstairs because it

isn’t necessary. [few photos of upstairs from different angles shown] This has been

this way for about 5 years upstairs. Dave Blank passed the inspection of the heated

floors back then.

This is my tankless water heater done by the plumber five years ago. The bedroom we

saw in the basement with the caramel tile? I’m being asked to tear open that ceiling so

they can inspect two white PVC pipes that was open for five years. The basement was

just completed in the last year. They’ve seen it in the past already. The plumber wasn’t

there, he conveniently left. He never asked if anyone looked at the pipes. An inspector

did, when the rough-in was passed. They’re asking me to tear open that ceiling.

Moermond: and that is a light fixture situation?

Skliris: the fixture is there to have light. It is the sheetrock I am focused on. The water

heater is in the utility room on the top right. Up above the ceiling that goes outside

there is the exhaust, the two white pipes.

Moermond: we are looking at a bedroom space with a dangling wire and lightbulb

attached fixture to be installed later. It is above that room that we’re talking about

opening the ceiling related to the tankless water heater.

Skliris: this is the same bedroom we saw with the gray blanket. Bedroom 3, the only

one on that floor. The gray granite is the same shower at my parent’s in Worthington

Minnesota. It doesn’t need Cyrus to rip it down and put it back up. It will destroy it.

That’s what I call bad faith. That right there I think is pretty reasonable, but a

reasonable person would find these are the light switches of the main bathroom.

Sometimes when you have someone in there and it would be very hot because

someone accidentally hit the heat vent. So they are labeled. Spotlight. Floodlight.

Heater. But by me labeling Mr. Clint Zane says it is going to be a bed and breakfast.

Moermond: and I hear you saying that and the difference is the electrical permit. I’m

going to focus on that piece.

Yannarelly: to his point, I don’t understand why Mr. Zane is commenting on this. If I

have a Hamm’s sign in my basement it doesn’t mean I am opening a bar.

Moermond: and I’m tending to be in the same place.

Skliris: for 12 minutes I sat quietly, and when I wanted to speak he said he had to get

going. You can see and smell that this is not right. This is bedroom 3, the main door.

There is an alley door, a back door. I lived right across from the law school in St. Paul,

the lights go out a lot. I got two spotlights that turn on if the lights go out. It was

cheaper to get it with an exit sign. Something funny? When Herb showed Zane around

Zane got lost and went into the pantry. At least now someone knows how to get out of

the 3 doors.

Moermond: what I’m taking from this is we have an exit door next to bedroom 3.

Skliris: correct and one more thing we can add is Mr. Zane has an issue with me

purchasing a digital lock because it is a sign to him that it is a bed and breakfast—

Moermond: and again, I’m going to go all this impacts, besides the customer service

piece, which I do get, is the electrical permit.

Skliris: I brought it up because he is insistently bringing it up.

Moermond: I hear you, let’s keep going.

Skliris: Patton, my $23,000 guy, installed the five gas lines. One where an oven goes.

It should have an L shaped line. I took a photo, said fix this and clean the duct work

and hang the vent hood. Ever since Mr. Zane called them and said, “we need to get

your permits.” He is telling me he needs $750 to go find them. He is pissed and said

he isn’t coming until I pay the last $6,000. I never had this issue. In my first email, if

my $160,000 degree is worth anything, it is “upon completion if you agree to this I will

pay you 1/3, 1/3, and 1/3.”

Moermond: you contacted the contractor and alerted them this wasn’t stubbed out

correctly and you were looking to them to fix that. I didn’t hear anything saying they

said no.

Skliris: his wife said in an email that they would come once I pay the balance in full.

Which means if the mechanical inspector finds an issue with the UV lights that were

installed on this $23,000 furnace, he noted these could deteriorate the rubber over

time so they need to be moved 24 inches away. There are things Mr. Patton’s company

need to change per the requirements of the inspector. What recourse do I have?

Here’s your $23,000, even though we didn’t agree on that. You said that is common

practice when we talked about this before. But ever since the City got involved and

called him he isn’t happy and is taking it out on me, the homeowner. It is important to

share that because I didn’t have these issues before we were stirring the hornet’s nest.

Moermond: what should I take from this photo?

Skliris: this is the stairwell when you go down from the main floor. It is a paper

template of a mosaic, real gold, that has been ordered from overseas that will be a

chapel. If you go to the Greek orthodox church on Summit, you will see a place to read

and pray to our Christian God and the mother who gave birth to Christ. These things

you wouldn’t put in an AirBNB.

Moermond: yes. Next picture.

Skliris: this is what I bought at Costco. This is the cement pad for the generator.

Typical things you don’t put in an AirBNB.

Moermond: I think we can move this forward in a way you can either participate by

phone or do this in writing.

Skliris: the concern is the one time I tried to participate by phone during Covid, I was

on the line for four hours. My boss asked if I was going to be on the line again for four

hours? I was taken last.

Moermond: that was the City Council Public Hearing and we have no control over that

at all. We have attorneys sitting in the room too, they’re just racking up billable hours.

It is what it is. I apologize and yet you don’t know how many people will show up. I

acknowledge and apologize yet it is the nature of what they do. Anything else we need

to scan before we wrap up?

[permit tags are scanned and added in record]

Skliris: do you have a copy of the 2021 inspection?

Moermond: I have it right here.

Skliris: and comparing apples to oranges, that is what was asked of me. That is what I

satisfied. Let’s really in good faith try to land this plane so you don’t have to see me

under this context. I really appreciate any insight to look at this with fresh eyes and

see that Mr. Skliris in fact, has done what has been asked, and these are new things

and to ask him to remove and rip out showers and sheetrock—another thing one of the

inspectors said is “we don’t have any paper trail of the duct work being inspected so

you can either open all the sheetrock or you can do an air test and spray it with foam.”

How is Patton going to do that now? He’s owned a $6,000 balance. I asked how much

is that? It is negligence, you don’t have the paperwork. He said $1,5000 to $2,000. Do I

expect Patton, after it has been open years, to do this foam test? No, this is going to

kick it another year. I drive every day 3 hours back and forth. This is new stuff they are

asking me to do. I would never do this as a government official for someone who is on

probation. Make up new stuff. That is wrong.

One other thing I want to share with you. I didn’t get to meet them, but there was

another inspector who came in when I wasn’t there and—this is important—I happen to

live by the Menards in the Midway and happen to know John who works there. I said

“John, you know what the inspector said to me? He told me I have to remove all the

sheetrock in the basement because it isn’t the green moisture resistant kind.” I talked

to Herb. He said, “they’re full of it” and used some other expletives. They’re full of crap.

John said Stamate, “I’ve never heard of that, I’ll ask.” I come every Friday from work,

20 contractors who buy bulks of sheetrock, and guess what? No one has ever heard

you put moisture resistant in your basement in Minnesota and in your bathrooms. Ask

him to show you the Code.” Guess what I did? I replaced it all like a dummy and paid

another $5,000 to have it done over. I’ve had a lot of suffering from unreasonable

requests by these inspectors.

Moermond: I will look at these things.

Skliris: that’s really important. It took a long time for me to install it, pay it, rip it down,

take it to the trash, and put up new sheetrock.

Moermond: and a couple of houses ago we did basement work and did use the

water-resistant sheetrock for all of the work. I don’t know but putting that out there.

We’ve got your documents, fantastic. The question in my mind, the end game, with the

contractors and sign offs, you are telling me you have balances on those accounts.

Skliris: none, other than Patton.

Moermond: I would want to see, for whatever we end up having to do to move forward,

that you have the wherewithal financially to complete the work. Reminding you that is

something we’d check before I say to the City Council to give you another 180 days.

Same as round one.

Skliris: here’s the issue with that. Yes that amount is concrete, but now that Patton

has asked to do a foam test--

Moermond: I hear what you are saying about it being a different number. Let’s say

everything you say is where I land. Still, I need to see that you can finish paying your

contractor to get the Code Compliance certificate issued. That’s all I’m doing, the

same as when we talked last time.

Skliris: I did submit it to Joanna and then we kicked the can down the road because

they asked for more time to come to the home.

Moermond: I’m talking about 8 months ago when this went to Council originally. You

agree that at least the $6,000 is outstanding. Work plan and ability to execute it. We’ll

talk about what the work plan looks like. I’ll review this and we will send a follow up

letter on Friday. Do not expect that I will have my analysis done by then.

Laid Over to the Legislative Hearings due back on 7/11/2023

RLH RR 23-25

Second Making finding on the appealed substantial abatement ordered

for 975 HUDSON ROAD in Council File RLH RR 22-60. (Refer to June

13, 2023 Legislative Hearing)

Prince

Sponsors:

Layover to LH June 27, 2023 at 10 am. Making finding forthcoming pending anticipated

issuance of CC certificate prior to Council Public Hearing.

Lorie Miller, owner, appeared via phone

Derek Thooft, attorney, appeared via phone

Staff update by Supervisor Joe Yannarelly: the building inspector hasn’t been able to

reinspect to determine the percentage complete. Was he scheduled to be out there?

Moermond: and why was that?

Yannarelly: it was a no show by Ms. Miller. I don’t have a date of that proposed

inspection.

Moermond: he notes he did have one and it was a no-show. In any event a letter went

out reiterating that you needed to schedule that inspection. We haven’t had that

inspection. I laid the matter over from May 22 to now. What is going on?

Miller: I did have the inspection scheduled for last Thursday, last week. Unfortunately,

there was a water emergency where I rent, they called me in the morning and said there

was something leaking from my unit and it was a chaotic morning for me. So, I did

miss that inspection, I do have it rescheduled for 2 days from now. This Thursday. In

addition, I feel like we will pass. We have been signed off by plumbing and electrical. I

need to schedule HVAC to come back out and look at a clogged vent in the bathroom

exterior. Mechanical needed a receipt for a duct cleaning and some photos and I’ve

done that.

Moermond: I see that right now the warm air contractor, Metro Heating & Air, that’s the

permit we are talking about. Then also the general building permit, but that would be

open until everything else is done. What do you have for a timeline? Is there any

money outstanding?

Miller: everyone has been paid. I do hope to pass on Thursday. If we don’t I imagine it

will be a couple minor things. Hard to predict what those are.

Moermond: when is the warm air reinspection?

Miller: he just needs a day notice, so I am hoping he can come out tomorrow.

Moermond: did you talk to him this morning?

Miller: I didn’t, I do have a call into him. Worse case is Thursday and they’re both done

Thursday.

Moermond: I need to get this to Council. You want it done. You’re thinking sign-offs

this week even. I’ll put this on the Council’s agenda June 28. At that time, I’d love to

report that the Code Compliance certificate was issued and the matter resolved.

Otherwise, your Performance Deposit is in play, honestly. This is the second

making-finding. We’ve been at this a long time. Let’s get this taken care of so you can

get that money back. I want to see that done by June 27th when I look at it. Mr. Thooft

any questions?

Thooft: I know what is expected of us.

Referred to the City Council due back on 6/28/2023

11:00 a.m. Hearings

Summary & Vehicle Abatement Orders

RLH SAO 23-27

Appeal of Richard Pittman to a Vehicle Abatement Order at 817

MARSHALL AVENUE.

Balenger

Sponsors:

Layover to LH June 20, 2023 at 11 am (unable to reach PO).

Voicemail left at 12:20 pm x 5411: this is Marcia Moermond from St. Paul City Council

calling Mr. Richard Pittman about an appealed Vehicle Abatement Order. We will try

back in 15 to 20 mins.

Voicemail left at 12:41 pm at x5411: this is Marcia Moermond from St. Paul City

Council calling you again. I’m going to continue this matter to next Tuesday at 11:00

and talk to you then.

Laid Over to the Legislative Hearings due back on 6/20/2023

Correction Orders

RLH CO 23-7

Appeal of Joseph Zimlich, Jr. to a Correction Notice at 880 ROSE

AVENUE EAST.

Yang

Sponsors:

Layover to LH June 27, 2023 at 11 am for further discussion. Staff to review City code

regarding direct access to exterior.

Jason Zimlich

Laurie Kurecsky

[Moermond gives background of appeals process]

Staff report by Supervisor Lisa Martin: a Correction Notice was sent May 19, 2023. The

main issue on the Correction Notice is the emergency escape. The mother is sleeping

in the main living room with no direct egress from the home. There is a dumpster on

site so it sounds like they’re working on the other items.

Zimlich: we’ve been doing research on the code and it says at least one window in a

sleeping room be opening from the inside. That has 3 doors, 2 of which are French

doors that lead to the living room and one to the hallway. Going to the hallway you are

10 feet 5 inches from being outside.

Kurecsky: they’ve used it for 50 years as a bedroom. The family they bought it from

also used it as a bedroom. It has a closet. It has 2 entrances and 2 exits. My parents

are in their 80’s it would be hard for us to move them. they’ve done this for 60 years. If

we moved them into the room we could consider a bedroom they would have to drop

out a window. My mother is having her hip replaced. My father just had one replaced.

There is no physical way for them to escape. There are two means of escape from the

room they are in.

Moermond: 10 feet isn’t directly outside, but I hear your argument. I see a photo with a

bed and a gold-colored curtain. That looks like it may be covering a window?

Kurecsky: yes. That covers a window.

Moermond: what kind of window is that?

Kurecsky: a bay window with a stained-glass window above it.

Moermond: when you say bay window, I’m assuming it isn’t able to be opened since

the inspector wrote the orders they did?

Kurecsky: that is correct. We couldn’t find a way to open it. It is either painted or

sealed shut somehow. Or maybe since it was 1904 it was never a functioning window.

Moermond: when a decision is made on one specific order that doesn’t mean a

particular bedroom has to be the other choice, and I would add, Ms. Martin, this is

more about getting someone out in the case of someone who isn’t physically able, the

fire truck would have a ladder, it isn’t just someone jumping out. An egress window but

anyone with a second-floor bedroom they aren’t going to jump out and break a leg. Ms.

Martin, comments?

Kurecsky: I was referring to the other room to be used as a bedroom on the main floor.

The other bedroom has a small window. The Fire Department’s best access is through

the front door.

Moermond: I’m going to double check the fire code on this, look at things carefully.

I’ve done this a long time and there are very narrow exceptions to the direct access to

the outside requirement, whether that is a window or door directly to the exterior. That

hasn’t meant passing through a hallway, but on rare occasions there are

circumstances I haven’t foreseen. Caselaw. I want to turn the rocks over and make

sure I land this right. I’d like to continue this a couple of weeks, in the meantime how

are you doing with the balance of the orders?

Kurecsky: everything is great. There are 4 of us, we do work full time but I spent four

hours last Monday going through storage with my parents with a dumpster. We’ve been

cleaning all hands on-deck with my siblings and in laws. We’ve donated many items.

We’re taking this very seriously. We’re grateful for the wakeup call. We don’t want to

deal with it after my parents are gone, we’d rather do this with them. WE just have this

issue with the bedroom

Jason: we would like an extension of the time.

Kurecsky: we do all work fulltime. We have made wonderful progress, but the 21

makes us nervous. We won’t have it completely cleared by then.

Martin: the reason the orders were written this way he can make sure progress is

continuing to be made, but we’d like to make sure things are going in the right

direction.

Kurecsky: that’s reasonable. My mother is having surgery on the 21 and then going

into rehab. I did explain that the 21 isn’t a viable date.

Martin: we’d be ok with July, Ms. Moermond. Obviously your mom’s surgery comes

first.

Kurecsky: we’re thinking end of July because we’re all gone together the 4th of July.

Hopefully mom goes from the nursing home to that vacation with her family. End of

July to meet with Will.

Moermond: I do want to note this is the 5th file on this property. You may be aware of

this?

Kurecsky: we only knew of this current one, and one other.

Moermond: 2012, 2016, 2017, and a cleanup was done by DSI.

Kurecsky: can you elaborate on that? Joey does own the home, and he wasn’t aware

and neither was Jason.

Moermond: the appellant was Joseph Zimlich, orders issued to Jason indicating the

entire yard was full of debris. Structural integrity of garage was under hazard due to

load.

Kurecsky: that is the one we knew of.

Moermond: anyway, we’ll talk again in a couple of weeks. we can tackle this then and

I’ll work with fire in the meantime.

Laid Over to the Legislative Hearings due back on 6/27/2023

RLH CO 23-8

Appeal of Daniel & Cheryl Dobervich to a Correction Order at 1485

WINTHROP STREET NORTH.

Yang

Sponsors:

Layover to LH June 27, 2023 at 11 am for further discussion. PO to apply for

encroachment permit with Public Works and call 411 to flag utility lines.

Daniel Dobervich, owner, appeared via phone

[Moermond gives background of appeals process]

Staff report by Supervisor Lisa Martin: May 16, 2023 a Correction Notice was issued to

owner. The complaint came in from Public Works because there is a curb covered in

class 5, no curb cut, and they’re doing street repairs. We have about 8 items listed. I

met with the owner, very nice person, but this doesn’t meet Code in St. Paul.

Accessory structures, class 5 no ground cover, construction vehicles.

Moermond: why are you appealing Mr. Dobervich?

Dobervich: we want to comply with the Code, we have the same interests as us I feel.

We have had this property for 13 years and weren’t aware we weren’t in compliance.

Nonetheless, our goal in 3 to 4 years was to bring it saleable condition. Now we have

to relocate inventory I’ve accumulated over these years. Instead of having 4 years the

best I can do is 3 to 4 months. I’m also working full time. That’s my primary concern.

The stress levels. To do everything it has to be done carefully. I have valuable

materials. We’ve had 3 factory moves and downsized. Our factory now is in Burnsville.

It is many small moves during safe times. Then I can move equipment, I have a facility

in Wisconsin for that.

Moermond: I think the reason you didn’t have any communication with the City is

because you are an owner occupant and the City doesn’t go do an inspection except

for a complaint being filed. It sounds like Public Works was there and were alarmed

by the gravel in the right-of-way. Is that gone now?

Dobervich: no, in order to get the materials out. We’ve been gone 10 days. I need to

get it off the curb to remove the materials. I’m more than happy to remove it. I can do

it immediately temporarily. I need to ramp to get materials out. I do need to have the

ramp.

Moermond: so, you built your driveway in a fashion it requires a ramp to get your

vehicle out?

Dobervich: its 3 feet of material.

Moermond: you built your driveway in a way that you need the public right-of-way to

move things. As a public official looking at that I’m thinking what? Honestly, that’s my

reaction. It is extremely unusual. I wouldn’t dream of doing something like that

personally, not even for a wheelchair ramp. That’s something you do with the proper

apron. It is an article of good faith to address that immediately. We’re a month later.

Have you done any of the items on the list?

Dobervich: we have removed a vehicle in the back. A car in the back is gone. And

we’ve made arrangements to sell the equipment. In order to get that out I do need

access in and out temporarily. Just to get over the curb. I have one approach to get to

that space.

Moermond: unless you drove it across your front yard to your actual driveway?

Dobervich: there’s no way to do that. There is 8 feet between my house and the

neighbor’s fence. No other way out of the yard.

Moermond: why can’t you use your driveway?

Dobervich: I have slabs of granite. The accessory lot to get materials out there is no

path other than the south side of my house.

Moermond: I guess I’m still not understanding. You have access to the east to your

driveway from Winthrop. And the ad hoc driveway appears to go onto Winthrop.

Dobervich: correct, that’s the one I need to use.

Moermond: and you can’t go in front of the house why?

Dobervich: I don’t know I should be driving over gas lines and things like that.

Moermond: have you had that checked next to the house? How do you know it isn’t an

issue there?

Dobervich: yes, we have.

Moermond: Ms. Martin, some of these orders you issued in the form of a Correction

Notice. That’s a ‘would you please take care of the items by the deadline’ with the

implication for failure to meet deadline would be an escalation of the type of order or

the beginning of an Excessive Consumption assessment process.

Martin: yes. He agreed to come into compliance but needed more time. We

encouraged him to file the appeal. WE would have sent a Summary Abatement Order

for a one-week compliance which would then give the City the right to access the

property.

Moermond: we measured the hoop houses as more like 26x16 rather than the 200

square feet based on 12x16.

Dobervich: those accessory structures need to be reduced in size. I agree. They are

more like 315 square feet. There are two of them. I know those are out of compliance.

Moermond: I’d like to see a specific plan on how you are going to tackle this. I’d like

you to approach public works and ask for an encroachment permit. Let’s get them

signing off on a temporary obstruction.

Dobervich: I don’t know if I can talk to someone from Public Works?

Moermond: I’d like you to apply for that permit and start that conversation with them.

We can use that information to inform how we proceed.

Dobervich: that sounds good.

Moermond: I’m also going to ask if you can call and get flags on the property for water

electric and gas lines are so we are clear on that. Can you do that?

Dobervich: sure, yes. I think I’ve been timely with everything I’ve been asked to do. I

called Mr. Kedrowski and once you file an appeal within the time-frame that it is on

hold.

Moermond: that is exactly right. While we are talking and until we come to a conclusion

enforcement of the May 16th order is stayed.

Laid Over to the Legislative Hearings due back on 6/27/2023

1:00 p.m. Hearings

Vacant Building Registrations

RLH VBR

23-23

Appeal of David E. Jacobowitch to a Vacant Building Registration

Requirement at 839 EDMUND AVENUE WEST.

Balenger

Sponsors:

Waive the VB fee for 90 days (to September 9, 2023) and allow permits to be pulled.

David Jacobowitch, owner, appeared

Moermond: we have a Vacant Building registration renewal. This is year two. I’ve

reviewed the file and where you are at in the process with permits and where we go

from here.

Staff report by Supervisor Joe Yannarelly: as you indicated I see a finaled permit on

the plumbing.

Jacobowitch: is that natural gas or water plumbing?

Yannarelly: it says residential repair, gas fitting only.

Jacobowitch: or is it for both?

Yannarelly: I am assuming it is for both.

Jacobowitch: so you’re just guessing.

Moermond: I have it open. It says, “80 foot gas piping hook up to the dryer, water

heater, range and boiler.” Is that what you were thinking?

Jacobowitch: that’s the gas piping. I was wondering if there was one for the water

piping as well.

Moermond: we have a permit application that was withdrawn.

Jacobowitch: that would impact my next step.

Moermond: the applicant for the permit

Jacobowitch: I know we repeatedly tried to apply for permits, but I’m not sure what was

granted. Which is why clarification is needed.

Moermond: July of 2022 MacQuillan went in to apply for part of what I just talked

about. For whatever reason that was abandoned. We have a reapplication in October

which was finaled. I show a very old plumbing permit which is from 2012.

Jacobowitch: the 2012 was for repairs but additional things need to be done according

to the Code Compliance Inspection Report.

Joe Yannarelly: we have a mechanical permit issued in November and plumbing as

well. As far as property maintenance there haven’t been any issues at the property.

Jacobowitch: I want it clear what we have done. The entire natural gas supply system

from the meter throughout the house has been entirely replaced. The boiler is up and

running. It has been ORSAT tested. All requirements have been met. Water heater

has been inspected. It is ready to go. All of the valving on the radiators, 16 of them,

have been replaced. That was $16,000 by itself. The Chimney has a new liner. We

also discovered upon that inspection a crack in the brickwork. That was an expensive

repair, but it is done. All of those items are done and ready to be finalized. I called Mr.

Wickland and told him, I believe I have a code compliant heating system please come

out. He rescheduled a time to come out and then cancelled at the last minute saying

he won’t inspect partially. That kind of bugged me.

Moermond: is that relative to your mechanical permit?

Jacobowitch: yes.

Moermond: the appeal today is about your Vacant Building fee for 2023 to 2024. What

I was looking for when I asked about permits was a sense of progress. I hear you are

working on it and making progress.

Jacobowitch: I spent about $40,000 so far. I’m a poor guy. That’s a significant

investment for me. I’m about halfway done. Another $40,000 more to spend to get it

Code Compliant. Unfortunately, I don’t have that now. I’m going as fast as I can. My

income is only about $50,000. I borrowed $50,000 to do this. I have to raise $25,000

additional to pay someone to do this. Ms. Moermond, I honestly don’t know how I’m

going to find that money. This house was built 122 years ago, it was never built to

code.

Moermond: there was a building code back that. It would have been built to that code

at that time. The gas issue was certainly the most important one to deal with you. You

are looking at a steep Vacant Building fee. It went up considerably. You have a lot of

work left still. It sounds like you pulled money from a bank?

Jacobowitch: yes.

Moermond: have you looked at local community development corporations?

Jacobowitch: I applied to the City and the Rondo Development fund. My grandfather

lost 2 properties in the 60’s. I was told I qualified and then later told me they

suspended the program because the response was greater than funds available. That’s

the last I heard.

Moermond: I heard the same thing; they didn’t have enough money to cover all the

applications so they did a cut off. Did you talk to Rondo Land Trust?

Jacobowitch: I have not. 19 years ago I put a brand-new roof deck and shingles on the

house. It was leaking when I bought the house. I got money from West End

Community Development Council, $30,000 to rebuild the windows. That is still in

decent shape.

Moermond: why are you bringing this up?

Jacobowitch: I borrowed $30,000, the other $10,000 was contingent upon living there

for 10 years, and then 8 or 9 years ago they sent me a letter saying they were going to

waive the additional $10,000. They even sent a tax form. I was wondering when I

borrowed the $50,000 if there was record of the $10,000 on the loan. So, I went to the

successor organization to see if I owe $10,000 or not.

Moermond: you need to go to Ramsey County Recorder’s office and see if a

satisfaction of mortgage was filed. I’m going to recommend you go to Rondo Land

Trust. They may have help for you. But you have a Vacant Building fee today we need

to wrestle with. I normally can give a 90-day waiver in a situation like yours. But that

won’t get this job done. You have money you need. Let this go to assessment and we

can talk about as a tax assessment appeal where we can again look at its reduction.

Another tool I have is to make payments up to five years. I don’t have that option as a

renewal. You can pull building permits as an owner-occupant if you have that skill set.

We will waive that Vacant Building fee for 90 days so you can continue to pull permits.

[long discussion about how tax assessments and tax forfeiture works]

Jacobowitch: what you’re saying is they will delay hanging me.

Moermond: you need good advice. I am a hearing officer. I can’t be your advisor. Talk

to Rondo Land Trust.

Referred to the City Council due back on 6/28/2023

RLH VBR

23-27

Appeal of Ruthelle West to a Vacant Building Registration Requirement

at 566 HALL AVENUE.

Noecker

Sponsors:

Waive the VB fee for 90 days (to August 11, 2023).

Ruthelle West, owner, appeared via phone

[Moermond gives background of appeals process]

Staff report by Supervisor Joe Yannarelly: this was a fire rehab that is ongoing.

Multiple permits are pulled. They’re looking for more time.

Moermond: pretty common with fires that it goes a year or more. You said a few

months in your appeal, where are you at?

West: I need installation of cabinets, plumbing, painting, and installing door and floor

trim.

Moermond: so, you have done a lot. When do you think you’ll be done?

West: I said a couple of months because every time I give a timeline a contractor says

they can’t do it at that time. They were supposed to be done March 10th. That put

everything else behind. Flooring is now done.

Moermond: I can easily do a 3-month waiver of the Vacant Building fee. You went into

the program May 11, so a 90-day waiver takes you to August 11. Not a ton of time, but

if this ends up not being done by then, which may happen, when you get that special

tax assessment letter, appeal it. We can talk about prorating the fee.

West: August 11 takes some pressure off.

Referred to the City Council due back on 6/28/2023

RLH VBR

23-29

Appeal of Blake Elliott, Sur La Rue, Inc and Bridges MN, to a Vacant

Building Registration Requirement at 1561 WHEELOCK RIDGE ROAD.

Brendmoen

Sponsors:

Grant the appeal of the Vacant Building registration on the condition the Fire C of O is

issued by August 1, 2023.

Blake Elliot, Sur La Rue, Inc and Bridges MN, appeared via phone

[Moermond gives background of appeals process]

Staff report by Supervisor Mitchell Imbertson: a one-unit residential building in our

Certificate of Occupancy program. We’ve been trying to get in the building. The initial

attempt was December 2022. A few reschedules for various reasons, and we had yet

to do a full interior inspection. We were advised there was going to be an eviction on

May 10th. In the meantime, before that inspection, it was referred to Code

Enforcement and picked up by the Vacant Building program.

Staff report by Supervisor Joe Yannarelly: the St. Paul Police Department referred it to

the problem property officer with Code Enforcement. He found it vacant with a lot of

junk at the property. He spoke with the neighbors and they said it was a “squatter

house” so he referred it to the Vacant Building program. We opened a Category 2

Vacant Building. It appeared vacant and secure at time of inspection and issued

orders for junk and a vehicle.

Moermond: Mr. Elliot, where are you at and what’s the plan?

Elliot: we had a former employee and her family living there. There was rent payment

and physical condition issues. We had complaints from neighbors. We did move

forward with the eviction process and were successful. Had to get a writ for physical

eviction. As a legal requirement we had to hold their personal property. Around May

10th we also did a cleanup of the property to ensure the exterior was clean. We weren’t

able to remove the jaguar in the driveway they appear to be abandoning. We just hit

the 20 days this past week. We have now moved the physical property to storage and

donation. Before this notice had an interested party in renting it once the 28-day clock

ran out. It is our understanding that until the physical eviction the tenants were living

there until May 10th.

Moermond: what are the conditions of the house? Is there damage on the interior?

Routine maintenance?

Elliot: the biggest thing was unfortunately dumpster thieves. There were 5 bed sets. 3

couches. A Jaguar parked in the driveway.

Moermond: that is gone.

Elliot: our costs have been in dumpster fees and the house is in good shape beyond

that.

Moermond: how long until you’re ready to get that Certificate of Occupancy inspection?

Elliot: I think the dumpster is coming this week and maintenance will be out early next

week. So late next week.

Moermond: you probably want to make sure you do a walk through for the standard

items like smokes and carbons. I’d like to get you out of the Vacant Building program

if you can get your Fire Certificate of Occupancy issued before August 1.

Elliot: 100 percent we can do that.

Moermond: your inspector is now Der Vue.

Imbertson: communicate directly with her after you get it cleaned out so you have time

to do any repairs we may find.

Referred to the City Council due back on 6/28/2023

1:30 p.m. Hearings-NONE

2:00 p.m. Hearings

Fire Certificates of Occupancy

RLH FCO 23-26

Appeal of Christopher Petersen, Power-of-Attorney for Tony E. Petersen

(father), to a Fire Inspection Correction Notice at 540 CHARLES

AVENUE.

Balenger

Sponsors:

Layover to LH June 27, 2023 at 2 pm for further discussion.

Roger Anderson, attorney, appeared via phone

Chris Petersen, Power of Attorney for Tony E. Petersen, appeared via phone

Moermond: today we are wrapping up on the retaining wall issue.

Petersen: I thought we were receiving information.

Moermond: happy to pass that on. I’ll read it into the record. The person who I

consulted was Glen Pagel. He is the City bridge engineer in Public Works. Believe it

or not they work on retaining wall issues. His response to my inquiry, which was: “Per

our conversation early in the day, I have attached the appeal for the property I talked to

you about. As you can see in the owner’s written statement attached to the appeal

(pages 2 and 3 of the document), he contends the retaining wall was built by and

should be maintained by the city. I believe he also thinks it’s in the ROW. Look

forward to hearing your thoughts.” So I sent the whole appeal to him. In response I got

“hello Marcia, I have reviewed the information concerning the DSI repair order appeal

for the small back of sidewalk wall at 540 Charles Street. Several observations lead

me to the conclusion that this wall is not a city responsibility.

1) The construction of the Wall is of mortared Cinder Block construction. This is not a

construction method that the

city has ever used.

2) The Type and age of retaining wall changes at each property line. If the City had

constructed the walls along this

roadway the entire wall traversing all parcels would be of the same construction type.

3) Several properties along this block have an out-slope with a stairway rather than a

wall.

The appeal states that the owner believes the wall was installed to allow for

construction of the sidewalk. I am

forwarding your email to the Street Design and Construction Division asking that

Division to determine the merits of that portion of the appeal. It is my opinion that the

result of any such investigation would show that the wall was not built to allow for the

construction of the sidewalk. The most likely reason for the construction of the wall

was to level the property’s front

So that was his response. I had a phone conversation with him on a couple follow up

questions. I asked him to look at the side angle photograph of the retaining wall as it

relates to the sidewalk. I observed 6 inches between the sidewalk and the retaining

wall, which was a cement strip. I asked him, when the City installs the sidewalk are

you putting it exactly on the right-of-way line and are you doing that under survey.

Because that extra strip appeared an di didn’t know what to make of that public

property wise. He said yes of course the City does extensive surveys. It appeared to

him that the strip was private, which reinforces the concept the wall itself is private. He

went on to say he believes the City owns 16 retaining walls, all of which are 15 to 20

feet in height. That would be one thing. He did note returns into where the stairway

exists and he said the City doesn’t construct returns in that fashion. I’m sending that

on to you. That information is contrary to the information you were providing. I know

you won’t agree and that is ok. I think we’re now in problem resolution mode. You just

got that information. I wish I would have gotten this taken care of; I was on medical

leave. It would be premature to ask you to react to that information. Is there anything

you’d want to say at this juncture?

Anderson: I think we would like to review that. Will you be sending that email?

Moermond: staff will send that right now. How much time would you like to consider

this?

Anderson: a couple of weeks should suffice. My calendar is open. Chris?

Petersen: I think a couple weeks is fine. Are there any historical pictures, or no?

Moermond: they aren’t in the City’s possession. It doesn’t mean they don’t exist. You

could check with the Historical Society. You could also look for a Sandborn fire

insurance map. Those are aerial that look at the type of house. We can talk June 27th

and finalize the recommendation at that time.

Laid Over to the Legislative Hearings due back on 6/27/2023

RLH FCO

23-28

Appeal of Linda Kohl and Nick Geng for Bigos Management/On the Park

condos to a Correction Order at 380 JACKSON STREET (198 SIXTH

STREET EAST).

Noecker

Sponsors:

Recommendation forthcoming. LHO to talk to Building Official.

Nick Geng, Bigos Building engineer, appeared via phone

Stephanie Simmons, Bigos Regional Management, appeared via phone

Linda Kohl, association secretary for On the Park, appeared

Larry Braun, association president of On the Park, appeared

Brad Lerhrkey, occupant and board member, appeared

Staff update by Supervisor Mitchell Imbertson: we have a continuation of an appeal

already heard. There is a stairway in this building that goes through 3 levels of

apartment garage and 9 stories of a building. It exits and the first floor to a lobby by

ON the Park Condos. This is an exit for the parking ramp and 9 stories of the building.

A lock was added to the door from the stairway at the first floor. That keeps the door

from being opened so there is no proper exit. You’d have to go down below grade

through the parking ramp or would need a key for the door. This is a safety concern as

this is a required exit, and you would be directed up the stairs 3 levels from the parking

ramp to a ramp you couldn’t leave or go through the ramp you just left or be trapped in

the stairway.

Moermond: what I was remembering was that you folks were going to look at some

type of code analysis.

Braun: we thought you were doing it. That lock was added in 1984. It has always been

locked. And it electrically unlocks when there is a fire alarm. It wasn’t recently done.

Our most recent Certificate of Occupancy was in 2022.

Moermond: I get that. I think the confusion arises from the terms used. When we use

the phrase “code analysis” that is invariably related to the owner or the developer going

and hiring an engineer, architect, some design professional to assess the situation.

Put their initials and credentials on how it meets code. I completely trust where you are

coming from that you were looking for the City to do the analysis. That’s the term

applied and I think I see where you are coming from. I’m sorry that our notes didn’t

indicate Fire was to look into anything—

You know what. This is my fault. When you all come with the same understanding of

the same situation—I just need to pull the threads apart to figure out what happened. I

said I would follow up with the Building Official. He was on vacation. I made note of

that, I believe I even have an email out there. I think we were ships in the night

because that ended a few days before I went on medical leave. It is on me and I

sincerely apologize you made a trip down to City Hall. I sincerely apologize. It is time

out of your life. I will address this and do it in a way that will keep you from having to

attend another hearing. I feel like I remember my sentiment on it. I need to do that gut

check with him and make sure that loop gets closed. That is what happen and I am so

sorry.

Referred to the City Council due back on 7/12/2023

RLH FCO 23-43

Appeal of Ronald Staeheli to a Fire Inspection Correction Order at 358

ARBOR STREET.

Noecker

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