HomeMy WebLinkAboutLetter - 2/13/1998
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Dear Gary; ~J.}
Thank you for your correspondence of February 10, 1998. I apologize to you and to Mr. & Mrs.,', k
Brinkman for the misunderstanding regarding the windows at 414 Washington Ave. I did not ~
realize the agreement applied to both buildings and after further review realize both buildings .~
were addressed in that agreement. Obviously we will honor that agreement. r~
In regards to the outstanding code concerns in unit 4 of 414 Washington Ave., it appears we will
be contacted to inspect this unit during the first week of March to verify compliance with all
issues except the windows. We feel the windows in this unit should be addressed by this time
since this unit was re-rented (in violation of the City's Housing Code) with known code
violations. I do not believe this was an enormous task to accomplish, in fact I recently talked to
Chuck Cook about the windows in this unit and was under the impression he was addressing this
unit this month. Ifthis is not the case, please advise me.
Gary Yakes
PO Box 1338
Oshkosh, WI 54902-1338
Re: 132 High Ave.
414 Washington Ave.
In regards to unit 1 at 414 Washington Ave., while the unit may remain vacant with some of the
noted code concerns, the windows will need repair as they affect the overall appearance of the
building and the sewer gas smell eminating from the bath sink must be addressed as this could
negatively affect the rest of the building.
In regards to unit 309D Brown of the Frontenac, we are performing another inspection of the
windows on Friday, Februray 13, 1998. We will advise Mr. Larson of its occupancy status.
Please note, it is our understanding Chuck Cook was going to use this unit as a work shop for
repairing windows from other apartment units, so as to lessen the'disturbance to those occupants.
Be assured, this has no affect on our decision to grant occupancy. If the unit passes inspection,
we will grant occupancy.
___ In regards to your concerns about the City's policy on making public statements, I have
forwarded a copy of your letter to Richard Wollangk, City Manager and Jackson Kinney,
Director of Community Development. Unless I am advised of a policy to restrict this activity, I
do not have any authority to prevent anyone in this office from talking to the public, including
the media. While you and your clients may feel staff in this office have sought the attention of
the media, I do not have any evidence of such activity. I too have followed the articles in the
paper closely and have not found any of the comments to be out of line. If you and your clients
feel otherwise, then it is your right to express those views not only to me, but also to the public
when offered the opportunity by the press.
Please rest assured, our office only desires to gain your client's cooperation in timely correction
of noted code violation now and in the future in addition to J,llaintaining their properties to City
Housing Code standards without our office having to be involved. Thank you for expressing
your concerns, if I can be of further assistance, please call me at 236-5045.
Sincerely;
Allyn Dannhoff
Director ofInspection Services
cc: Richard Wollangk, City Manager
Jackson Kinney, Director of Community Development
~aw Offices of
YAKES, BAUER, KINDT & PHILLIPS, S.C.
POST OFFICE BOX 1338
OSHKOSH, WISCONSIN 54902-1338
FAX (920) 231-5426
APPlETON-NEENAH (920) 722-5810
OSHKOSH (920) 231-1500
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February 10, 199 :;~t? r~. ,"',....
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GARY R, YAKES
JOSEPH N, BAUER
CHRISTOPHER R, KINDT
ANDREW J, PHilLIPS
SUZANNE M. BREYER
MICHAEL D, GOLDEN
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Mr. Allyn Dannhoff
Chief Building Inspector
City of Oshkosh
215 Church Avenue
Oshkosh, WI 54901
FE8 1 2 1998
DEPtJUMENT OF
COMMUNITY DEVELOPMENT
RE: Repairs and Improvements to the Frontenac and Washington Avenue Properties
owned by Brinkman Associates
Dear Mr. Dannhoff:
I am in receipt of the letter from your office dated January 30, 1998 but received by our client
on February 6, 1998 which includes a copy of a letter you sent to our clients on January 10,
1995 in reference to the Washington building. Specifically, this letter refers to correction
notices dated July 31, 1992 and December 15, 1992 which I wjll review in. this letter along
with other m<:1tters. Consequently, in reply to both letters, we submit to you the following:
r,.:
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1. Under our settlement with the City of Oshkosh as outlined in my letter of
January 8, 1998 and approved by the City Attorney on January 15, 1998 it is
agreed that the window corrections to both the Frontenac and Washington buildings
will be completed by June 30, 1998. This letter applies to both buildings. The
screens will be installed as soon as possible after the windows are completed, also
in accordance with our settlement agreement. As you know, the prototype was
inspected on February 6, 1998 and approved except for filling in three holes and
some other minor miscellaneous patching which will be taken care of by our
contractor.
The windows in question were reviewed with your department and our architect in
July, October and November as well as February as the result of work done by our
clients' staff in order to meet the requirements of the correction notice which you
issued. Contrary to the newspaper reports, our clients have not been sitting on
their hands in this regard. Our clients have and will continue the repairs in
accordance with our agreement to both the Frontenac and Washington buildings.
2. As to the unit 1 situation in the Washington building, it is our clients' intent to
allow that apartment to remain vacant until further notice to you in accordance with
our prior agreement. Consequently, before any action is taken to re-rent this
apartment, your office will be contacted in order to inspect the repairs noted in
your correction notice. Until that time, the unit will remain vacant.
141 N, SAWYER STREET
OSHKOSH, WISCONSIN 54901
Mr. Allyn Dannhoff
Page Two
February 10, 1998
3. As to unit 4 in the Washington building, a contractor has been hired to perform the
resurfacing of the tub and that work is scheduled to be done on February 26, 1998.
It requires up to six hours to complete the work and three days before the surface is
cured sufficiently to permit water in the tub. Consequently, the tub will be ready
for inspection after March 3, 1998. I will ask my clients to contact you for an
inspection of this item.
4. Referring to your letter of January 10, 1995 the mechanical vents in apartment
number 1 in the Washington building were present at the time of your inspection
and confirmed on August 3, 1992. However, this apartment is not being rented at
the present time as noted in comment 2, above.
5. The kitchen sink in apartment number 1 of the Washington building which had a
leak at the waste pipe was repaired on August 4, 1992.
6. The debris of the tenant in the ventilation shaft of apartment number 1 was removed
on August 3, 1992.
7. In regard to item number 1 of correction notice issued on December 15, 1992 a
new boiler was installed in the Washington building.
8. Our clients' architect, James Larson, as confirmed by the contractor, inspected the
prototype window units with you on February 6, 1998 and those prototypes were
approved subject to the holes under the three (3) sashes which the contractor has
already begun to repair as noted in item number 1, above. Our architect has
informed us that we may proceed with work on the other windows in accordance
with the work done on the prototype. Our clients will instruct their contractors to
do so in order to meet the deadline noted in item number 1, above.
9. As you probably know, the Frontenac repairs were part of a planned restoration
which was commenced by our clients in May of 1997. There was a newspaper
article in the Oshkosh Northwestern at that time which announced the repairs and
substantial repairs have been installed on both the Frontenac and Washington
buildings. We have previously provided the City Attorney with a detailed list of all
of the improvements that have been made to both buildings. The total is
approximately $200,000.00 for the Frontenac alone and an additional $106,000.00
for the Washington building. Consequently, the inference contained in some quotes
from representatives of your department that nothing has been done to our clients'
properties over the years, simply is not true. Furthermore, the citations which
were issued in November were issued in face of the fact that our clients, through
their architect, was negotiating with you in regard to the window problem even
though a solution had not been found which was acceptable to you. Consequently,
Mr. Allyn Dannhoff
Page Three
February 10, 1998
I was shocked to receive the citations. Under the circumstances, we probably had a
basis to contest the citations but rather than spend our clients' money in court, we
advised them to continue with their restoration plans and to satisfy your correction
notices. I do not think our clients have been treated fairly in the newspaper by the
representative of your department.
10. Further, whenever an inspection is made of our clients' property, it always seems
that a newspaper reporter is around. You will notice that neither our clients or I
have made any comment to the newspaper with respect to what has gone on over
the last two months. I, feel there is no need to inflame the situation by getting into a
public brawl in the newspaper over this matter. Of course, your department can
conduct itself as it wishes but having a newspaper reporter follow your inspector
around on our clients' property flies in the face of the spirit of cooperation with
which our clients' entered this settlement. If representatives of your department
wish to go to the newspaper to vent their feelings, there is nothing we can do but it
seems to me the City of Oshkosh should be more responsible than to allow an
employee to speak for the City while venting his personal feelings as to our clients'
efforts to comply with the law. Allyn, my comments in this regard do not apply to
you and I appreciate your honesty and candor in the most recent newspaper article
which described the repairs our clients intend to make. Frankly, the City should
have a policy that public statements to the press should only be made through the
department head so that facts and not personal feelings can be brought out. If you
would like to discuss the specific detailed nature of our complaint in this regard, I
would be more than happy to do so. I will be on vacation from February 12
through February 21st, but I would be happy to meet with you after that.
11. One last item, since our clients have put a new roof on at the Frontenac as well as
the repair of the windows in unit number 309D, our clients would like to re-rent
this unit but we will need to have your Order lifted concerning the occupancy of
this unit. I would appreciate it if you would inform me that this Order has been
lifted so that our client can proceed to rent this unit.
I will look forward to hearing from you concerning these matters.
GRY/pac
cc: Mr. and Mrs. Thomas J. Brinkman
Mr. James Larson
Mr. Warren Kraft