Legislative Hearings
Regular MeetingSt. Paul, MN · August 20, 2013
Minutes
15 West Kellogg Blvd.
City of Saint Paul Saint Paul, MN 55102
Minutes - Final
Legislative Hearings
Marcia Moermond, Legislative Hearing Officer
Mai Vang, Hearing Coordinator
Jean Birkholz, Hearing Secretary
legislativehearings@ci.stpaul.mn.us
651-266-8585
Tuesday, August 20, 2013 9:00 AM Room 330 City Hall & Court House
9:00 a.m. Hearings
Special Tax Assessments
1 RLH TA 13-510 Amending Council File No. RLH AR 13-52, adopted by Council to
Ratify the Appealed Special Tax Assessment for Real Estate Project
No. J1309A, Assessment No. 138521 at 831 COMO AVENUE.
Sponsors: Brendmoen
LHO recommends approving the assessment. (City Council recommends deleting
the assessment.)
RE: 831 Como Avenue (C-Office)
Staff Report:
Ms. Moermond:
- Orders were issued Mar 8, 2013; compliance date Mar 12
- crew was dispatched the same day to remove snow and ice from the public
sidewalk full-width, salt and sanded, as needed
- photos show significant ice for quite a distance
- question: who were the owners at this time in Mar
Inspector Scott St. Martin:
- owners appear to be Midway Bank; then, Blue Space Ventures LLC purchased it at
the end of Mar
Ms. Moermond:
- mortgage is dated Mar 28, 2013
- so, the bank did not disclose to the purchaser that there was this pending Order on
the property
Mr. St. Martin:
- now, it says Park Midway is the responsible party
- there was a tall grass and weeds letter Jun 10, 2013; resolved upon inspection
Ms. Moermond:
- I had Western Bank listed
- Park Midway is the seller and the financier, mortgage holder for the new owner is
Western Bank
City of Saint Paul Page 1
Legislative Hearings Minutes - Final August 20, 2013
- the work was ordered Mar 8, 2013; it was done Mar 12, 2013 and the tax
assessment goes with the property; so, when it closed on Mar 28, the new owner
held the bag; Park Midway Bank did not disclose this Work Order and pending
assessment
- will recommend approval of the assessment: $200
- suggests that the current owner approach Park Midway Bank for recompense
Referred to the City Council due back on 9/4/2013
2 RLH TA 13-497 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1310A1, Assessment No. 138538 at 1502 IGLEHART
AVENUE.
Sponsors: Khaliq
No show; approve the assessment.
Referred to the City Council due back on 9/4/2013
3 RLH TA 13-513 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1311A, Assessment No. 138530 at 1882 MINNEHAHA
AVENUE EAST.
Sponsors: Lantry
No show; approve the assessment.
Referred to the City Council due back on 9/4/2013
4 RLH TA 13-506 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1310A2, Assessment No. 138539 at 586 THOMAS
AVENUE.
Sponsors: Khaliq
Approve the assessment.
RE: 586 Thomas Avenue (Single Family)
Margaret Uriah, Hamline Properties:
Inspector Paula Seeley:
- Summary Abatement Order to remove garbage, rubbish, furniture, household items
from the yard and garage area
- order sent Apr 16, 2013; compliance date Apr 22; re-checked Apr 23; Work Order
sent
- work done Apr 24 for a cost of $386 + $160 service charge = $546
- sent to Palad Properties LLC, Victoria MN; Hamline Properties, 501 Dale St Ste
300; and Occupant
- no returned mail
- quite a history
- has photo of a huge amount of furniture and garbage
Ms. Uriah:
- still paying off last assessment
City of Saint Paul Page 2
Legislative Hearings Minutes - Final August 20, 2013
Ms. Moermond:
- will recommend approval of this assessment
Referred to the City Council due back on 9/4/2013
Special Tax Assessments - NEW
5 RLH TA 13-511 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1312A, Assessment No. 138535 at 1007 ARUNDEL
STREET.
Sponsors: Brendmoen
Approve the assessment.
RE: 1007 Arundel Street (Single Family)
Greta Burgett, Attorney, appeared for Ocmen.
Inspector Joe Yannarelly:
- tall grass and weeds
- Notice went out May 21, 2013; compliance 72 hours after postmarked
- re-checked May May 30 and found in noncompliance
- work done Jun 5, 2013 for a cost of $160 + $160 service charge = $320
- there have been many Work Orders since it became a Vacant Building on Jun 6,
2011
Ms. Burgett:
- redemption expired May 28, 2013
- her client was to appeal because they are now taking care of the property
- lawn was mowed Aug 13, 2013; has photos
- asking for a reduction or elimination
Ms. Moermond:
- will recommend approving the assessment
Referred to the City Council due back on 10/2/2013
6 RLH TA 13-523 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1313B, Assessment No. 138115 at 461 BEAUMONT
STREET.
Sponsors: Thune
Approve the assessment.
RE: 461 Beaumont Street (Single Family)
Theresa Yarusso and her nephew appeared.
Inspector Joe Yannarelly:
- emergency boarding fee - secured after a fire
- requested by St. Paul Fire Dept, 11 pm Jun 30, 2013
Nephew:
- not here to appeal
City of Saint Paul Page 3
Legislative Hearings Minutes - Final August 20, 2013
- the property will go tax forfeit
- they were able to get a dumpster from the House Calls Program and will ask for
another
- the Epilepsy Foundation was able to pick up some things
Ms. Yarusso:
- she will be getting into public housing in about 6-8 weeks
- the house is nearly empty now
- they have contacted Project Hope but she doesn't have any young children
- would cost about $40,000 - $50,000; can't afford to fix it up
Ms. Moermond:
- she will call Kris Kujala, Tax Forfeited Lands Division, Ramsey County; because this
is a fire damaged structure, they may be willing to accept the property early
- the demo will be expensive because of the fire; all will need to be considered
hazardous
- will recommend approval of this assessment
Referred to the City Council due back on 10/2/2013
7 RLH TA 13-522 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. VB1312, Assessment No. 138819 at 759 CHARLES
AVENUE.
Sponsors: Khaliq
Owner missed hearing; rescheduled per owner's request.
Laid Over to the Legislative Hearings due back on 9/3/2013
8 RLH TA 13-528 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1312A, Assessment No. 138535 at 196 COLBORNE
STREET.
Sponsors: Thune
Approve the assessment.
RE: 196 Colborne Street (Single Family)
Anne Edmunds and Bert Welk appeared.
Inspector Paula Seeley:
- Summary Abatement issued Jun 5, 2013; compliance Jun 10
- Re-checked Jun 10; Work Order sent
- work done Jun 12, 2013 for a cost of $344 + $160 service charge = $504
- sent to Cordell and Anne Edmunds, Oakdale MN; Occupant
- underlined: remove improperly stored or accumulated refuse including: tables,
cabinet, scrap wood, household items, brush, etc., from yard area
- have VIDEO
Ms. Edmunds:
- got the Notice; also, a tall grass Order
- she sent Bert out to take care of it all
- there was also some brush: the neighbors are actually cutting their trees down and
throwing them over the fence
City of Saint Paul Page 4
Legislative Hearings Minutes - Final August 20, 2013
- when she got the bill, she told Bert to go out and take pictures on Aug 7 - and the
brush was still there
- the leaves are for planting in the fall
Viewed VIDEO - removed wood table, chairs, brush, etc.
- the table and chairs were being used
- all the neighbors have her phone number so they can call when there is a problem;
she hasn't received any complaints
Ms. Moermond:
- the wood table is not considered appropriate outdoor furniture
- looked at the Appellant's photos
Viewed VIDEO again
- suggested that they file a claim with the city for the items that were taken
- will recommend approval of this assessment
Referred to the City Council due back on 10/2/2013
9 RLH TA 13-514 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1312A, Assessment No. 138535 at 1570 CONWAY
STREET.
Sponsors: Lantry
Approve the assessment. (Owner is letting the property go back to the Bank)
RE: 1570 Conway Street (Single Family)
Saw Morrison, owner, appeared.
Inspector Joe Yannarelly:
- tall grass and weed complaint
- Orders dated Jun 7, 2013; compliance of 72 hours after postmark
- re-checked Jun 20 and found in noncompliance; Work Order issued
- work done Jun 25, 2013 for a cost of $160 + $160 service charge = $320
- has been 3 Work Orders and several more complaints since it's been a Category 1
Vacant Building, Jul 2012
Mr. Morrison:
- bought house in 2009
- wife lost her job in 2011
- they planned to move out and sent a letter to the bank; they cannot afford the
house; are letting it go back to the bank
- but, the mortgage bill keeps coming
Ms. Moermond:
- the tax assessment goes with the property; it's not attached to Mr. Morrison
- will recommend approval of this tax assessment
- advised Mr. Morrison to contact the bank directly but if he is having trouble, Michelle
Vojacek, PED, 266-6599 may be able to help him with the process of finding a
contact at the bank
Referred to the City Council due back on 10/2/2013
10 RLH TA 13-519 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1312A, Assessment No. 138535 at 959 EUCLID
STREET.
City of Saint Paul Page 5
Legislative Hearings Minutes - Final August 20, 2013
Sponsors: Lantry
Approve the assessment.
RE: 959 Euclid Street (Single Family)
Darlisa McDonald, tenant, appeared.
Inspector Paula Seeley:
- Summary Abatement Order issued Jun 11, 2013 to maintain property; compliance
date of Jun 17, 2013
- re-checked Jun 18, 2013 and found noncompliant; Work Order sent
- work done Jun 19, 2013 for a cost of $416 + $160 service charge = $576
- no returned mail
- sent to Kally US LLC, 1245 Kennard St; Occupant; and Kally US LLC, 376 Gary St
- SA note: TV, wood, debris, broken furniture in rear yard and alley areas
- photos
Ms. McDonald:
- she knew nothing about the Order that was sent out
- she does know that before, Section 8 forced the owner to clean-up that vacant area;
people drive by and drop things off (dumping); some people set fires over there; there
used to be a garage there; everything you can imagine has been thrown over there
- the owner is trying to hold her accountable for this assessment - for what people
dump on their property
- she doesn't know if that's in her lease but she knows that she can't lift some of the
things that are dumped there: TVs; 17 propane tanks; large furniture; etc.
Ms. Moermond:
- looking at the photos, it's an obvious case of dumping
- the most obvious things the owners could do would be to fence the area
- the inspector is Craig Meshuga; owner is Kally US LLC
- the city sent a Work Order to get this cleaned-up and it didn't get cleaned-up so, the
city took care of it
- the owner is the one who is held accountable for this kind of situation; the city will go
for the owner
- the owner and the tenant may have a private agreement for clean-up
- a fence may cost less than the cost of a clean-up
- Ms. McDonald could talk to Southern Minnesota Regional Services (SMRLS) about
it
- City Council Public Hearing Oct 2, 2013 at 5:30 pm
Referred to the City Council due back on 10/2/2013
11 RLH TA 13-521 Deleting the Appealed Special Tax Assessment for Real Estate Project
No. J1312A, Assessment No.138535 at 527 FOREST STREET.
Sponsors: Lantry
Delete the assessment. The Summary Abatement did not have anything noted on it
as to what the violation was.
Referred to the City Council due back on 10/2/2013
12 RLH TA 13-505 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1312A, Assessment No.138535 at 766 GERANIUM
AVENUE EAST.
City of Saint Paul Page 6
Legislative Hearings Minutes - Final August 20, 2013
Sponsors: Bostrom
No show; approve the assessment.
Referred to the City Council due back on 10/2/2013
13 RLH TA 13-501 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1312G, Assessment No. 138714 at 1256 HARTFORD
AVENUE.
Sponsors: Tolbert
No show; approve the assessment.
Referred to the City Council due back on 10/2/2013
14 RLH TA 13-508 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1312A, Assessment No. 138535 at 294 HAZELWOOD
STREET.
Sponsors: Lantry
Approve the assessment and spread the payments over 4 years.
RE: 294 Hazelwood Street (Single Family)
Dionne Simmons, owner, and her son, Aaron, appeared.
Inspector Paula Seeley:
- clean-up
- Summary Abatement Order to maintain exterior property
- sent Jun 3, 2013; compliance date Jun 7, 2013
- re-checked Jun 11, 2013; Work Order sent
- work done Jun 13, 2013 for a cost of $316 + $160 service charge = $476
- no returned mail
- Orders sent: Dionne Simmons at the address; and Occupant
- BOLD note: bags of garbage and debris in back yard area
- photos and VIDEO
Ms. Simmons:
- she had leaves in the yard and maybe 2 other bags of trash (they had been mowing
the lawn)
- her lawn mower doesn't work; they borrowed a mower; her income is small
- she has been doing the best she can to get this taken care of
- she does have trash service
Aaron:
- he knows that what had to be done was taken care of
- he doesn't know what the city did
VIDEO -
- he knows for sure that he moved those bags from there (the VIDEO doesn't show
the city taking the bags away; it just shows "before" and "after")
- why doesn't the city take VIDEO of them taking the stuff, too; not just "before" and
"after"
Ms. Moermond:
City of Saint Paul Page 7
Legislative Hearings Minutes - Final August 20, 2013
- also has photos
- re-viewed the VIDEO
- the VIDEO and the photos show the same thing
- the Order was issued and it wasn't cleaned-up
- she does not find it credible that the city came and took the VIDEO; then left; your
son cleaned up; and then, the crew came back and took the cleaned-up VIDEO
- there was more than a week given between when the Order went out on Jun 3,
2013 and the crew doing the work on Jun 13, 2013
- is sympathetic; it's not cheap
- will recommend approval of this assessment payable over 4 years
Referred to the City Council due back on 10/2/2013
15 RLH TA 13-526 Deleting the Appealed Special Tax Assessment for Real Estate Project
No. J1313B, Assessment No. 138115 at 1485 KLAINERT STREET.
Sponsors: Brendmoen
After reviewing the police report, LHO recommends deletion.
RE: 1485 Klainert Street (Apartments: 50 + Units)
Tara Schwartz and Sean Whatley, Saint Paul Public Housing Agency, appeared.
Inspector Paula Seeley:
- Emergency Boarding was ordered by the police dept. on Jun 1, 2013
- cost: $283.90 + $160 service charge = $443.90
- there had been a forced entry into an apartment unit
- do not have details of the report/investigation
Ms. Moermond:
- police responded to a reported domestic at 4:25 am, Jun 1 but were unable to get
an answer at the door due to the circumstances of the call
- entry was forced into the apartment
- the suspect was gone
- they gathered information and wrote a report
- does not have the actual report because of the nature of the violation that is under
investigation
Ms. Schwartz:
- they have a 24-hour call maintenance staff
- the police are to contact them and will respond within 1 hour to repair the property
- this happened on a Sat morning and they were not called; they were made aware of
the situation on Mon morning
Ms. Moermond:
- has no record about what, if any, effort was made to make contact with the
responsible party
- will ask for a redacted version of the police report that reports only about attempts to
communicate with the responsible party
- will contact Ms. Schwartz when she has more information
Referred to the City Council due back on 10/2/2013
16 RLH TA 13-527 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1312A, Assessment No. 138535 at 380 MAGNOLIA
AVENUE EAST.
City of Saint Paul Page 8
Legislative Hearings Minutes - Final August 20, 2013
Sponsors: Brendmoen
Approve the assessment.
RE: 380 Magnolia Street East (Single Family)
Gwen Ziehl, owner, appeared.
Inspector Joe Yannarelly:
- tall grass and weeds
- Summary Abatement Notice sent May 28; compliance date Jun 1, 2013
- re-checked Jun 4, and found in noncompliance; Work Order sent
- work done Jun 6, 2013 for a cost of $160 + $160 service charge = $320
-has been a Category 2 Vacant Building since Jul 13, 2012
- there are no other Orders on this property
Ms. Ziehl:
- during that time, they had a lot of rain
- she prefers to cut the grass in the morning but it was wet
- the day that she went to mow the lawn, she discovered that someone had already
mowed it
- she got the Notice the same day after the lawn had already been mowed
- she gets her mail through general delivery and there is a delay
- she wants to sell the house
Ms. Moermond:
- Ms. Ziehl needs to order a Code Compliance Inspection Report from the
Department of Safety and Inspections (DSI)
- you can't sell the property without having the trades' inspection (acts in lieu of a
Truth in Sale of Housing Report)
VIDEO - there was a lot of mowing done
- will recommend approval of this assessment
- City Council Public Hearing Oct 2, 2013
Referred to the City Council due back on 10/2/2013
17 RLH TA 13-520 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1312A, Assessment No.138535 at 525 MARYLAND
AVENUE EAST.
Sponsors: Brendmoen
Reduce the assessment from $600 to $300.
RE: 525 Maryland Avenue East (Duplex)
Ruby Nguyen, owner, appeared.
Inspector Paula Seeley:
- 2 tall grass and weed Notices
- first Summary Abatement Order issued May 28, 2013; compliance date: Jun 1,
2013
- re-checked May 31
- work done Jun 4, 2013
- another Order sent Jun 14, 2013; compliance date: Jun 18, 2013
- re-checked Jun 19, 2013
City of Saint Paul Page 9
Legislative Hearings Minutes - Final August 20, 2013
- work done Jun 21, 2013
- total cost: $320 + $280 service charge = $600
- no returned mail
- several Orders on grass, some litter, some snow
- sent to Hank Cu, 1119 East River Road, Mpls; Occupant
- photos and camera VIDEO
Ms. Moermond:
- checked VIDEO on the camera (Jun 4)
- large VIDEO (Jun 21)
Ms. Nguyen:
- she received the letter for Jun 21, not the one for Jun 4, 2013
Ms. Moermond:
- from the photos, it looks like the grass was really tall on May 31, 2013; the small
VIDEO was inadequate
- she will recommend that assessment be deleted
- the other one was not as bad as the first one
- she will recommend approval of that assessment
- total approved assessment: $300
Referred to the City Council due back on 10/2/2013
18 RLH TA 13-500 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1312A, Assessment No. 138535 at 141 MORTON
STREET WEST.
Sponsors: Thune
Reduce the assessment from $576 to $288.
RE: 141 Morton Street West (Single Family)
Gordon Zipperer appeared on behalf of the owner, Lynn Zipperer
Brad Fisher, tenant, also appeared.
Inspector Paula Seeley:
- Summary Abatement Order for failure to maintain exterior property
- sent Jun 17, 2013; compliance date: Jun 23, 2013
- re-checked Jun 24; Work Order sent
- work done Jun 28, 2013 for a cost of $416 + $160 service charge = $576
- no returned mail
- sent to Lynn Zipperer, 141 Morton St W
- SA note: remove improperly stored accumulated refuse including PVP pipe , scrap
wood, metal, household items, tires, etc. from the makeshift shed; cardboard on the
NE end of the property
Mr. Fisher:
- the only notification they received was for tall grass so, he went out and cut it
- the next time he saw the inspector to look at the grass, he saw a couple tires he had
(2 spares for his trailer and 1 spare for his van back near the shed; he had 3 that
were off rims which he was going to get rid of); he also told him to remove the brush
that he just trimmed from the trees and bushes
- the next thing he knew, the other guy who lives there said, "There's a whole bunch
of people out there cleaning up stuff"
- the city took his spare tires for his vehicle and his trailer
City of Saint Paul Page 10
Legislative Hearings Minutes - Final August 20, 2013
- they were re-doing the front hallway and the front room, the city took away all the
molding they were going to put back up (they were stacked along side the house)
Ms. Seeley:
- there was a tall grass and weeds previous to this near the same time
- complaint came in about the tree and fencing being very dangerous
- otherwise, no history on the property
- Inspector Smith went out and saw tires, brush in yard
- I have no idea about the makeshift shed because there's no mention of a makeshift
shed
Mr. Fisher:
- they have a little metal shed
VIDEO
Ms. Moermond:
- Order went to Lynn Zipperer at the same address
Mr. Zipperer:
- Lynn lives there; she is mentally incapable so, he takes care of her; Mr. Fisher lives
there to keep an eye on her
Mr. Fisher:
- the refuse that is talked about was in the trailer that they were going to haul to the
dump; why would they take that? It probably had been there only 1 day
Ms. Moermond:
- the thing is you can't have garbage or garbage bags or debris, etc., any more in
trailers any more than you can have it in a boat sitting in your back yard
- she understands that it was going to be removed but it wasn't gone by the deadline
- the deadline was Jun 23 and the work crew didn't show up until Jun 28 (10-day
window)
- photos taken Jun 24 look very much like what she saw in the VIDEO
- asked how the mail for Lynn gets handled
Mr. Fisher:
- sometimes, she throws the mail out; he finds his mail in the garbage sometimes
Ms. Moermond:
- does not understand why this is not in the Certificate of Occupancy Program
Ms. Seeley:
- it's owner-occupied
Mr. Zipperer:
- Lynn is the owner; he signed it over to Lynn about 6 months ago
Ms. Moermond:
- she trusts that they didn't know about this Order but at the same time, there's no
returned mail
- how can this be avoided in the future so that Mr. Fisher or Mr. Zipperer would also
get Noticed (special circumstances: ask Quan)
- will recommend decreasing this by half
Referred to the City Council due back on 10/2/2013
City of Saint Paul Page 11
Legislative Hearings Minutes - Final August 20, 2013
19 RLH TA 13-512 Deleting the Appealed Special Tax Assessment for Real Estate Project
No. J1312A, Assessment No. 138535 at 1233 PAYNE AVENUE.
Sponsors: Bostrom
8/23/13: Owner called and stated missed hearing; rescheduled per owner's request
to Sept. 3.
8/20/13: No show; approve the assessment.
Laid Over to the Legislative Hearings due back on 9/3/2013
20 RLH TA 13-504 Deleting the Appealed Special Tax Assessment for Real Estate Project
No. J1313B, Assessment No. 138115 at 1168 PORTLAND AVENUE.
Sponsors: Khaliq
Delete the assessment due to the nature of the need to board by police. Owner was
a victim of crime.
Referred to the City Council due back on 10/2/2013
21 RLH TA 13-524 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1312A, Assessment No. 138535 at 1240 RICE STREET.
Sponsors: Brendmoen
Approve the assessment.
RE: 1240 RIce Street (Single Family)
Herbert Zwirn, owner, appeared.
Inspector Joe Yannarelly:
- tall grass and weeds letter went out Jun 17, 2013; compliance in 72 hours
- re-checked Jun 20 and found in noncompliance; Work Order sent
- work done Jun 21 for a cost of $160 + $160 service charge = $320
- history: 2 complaints and 1 Work Order
- this is a preliminary Vacant Building, per Mr. Kalas (for 2 years)
Mr. Zwirn:
- he maintains his property; has a letter from his neighbors indicating that he does
maintain his property
- he has never had an issue or a problem
- he did not receive any notification on this issue
- when he bought the property, he called the city and talked to them about the special
situations involved with his job indicating that he is not always in town during the
week but that he is always in town on weekends
- Inspections has had conversations with him by phone; DSI has his number so that
they can call him directly
- there has never been a complaint on his property that he is aware of
- the only notification on the property that he has ever received was for dead or
diseased trees in the back of the property which he addressed in a timely manner
- he is at the property every weekend
- the weekend before this notice was issued, it was raining so that no one could mow
the grass; the following weekend when he came to the property, the grass had
already been weed whipped, not mowed; then, he got this notice to show up for this
hearing
City of Saint Paul Page 12
Legislative Hearings Minutes - Final August 20, 2013
- it's a Vacant Building; Mr. Zwirn has completely rehabbed the structure, interior and
exterior
- it's been "for sale" for over a year
VIDEO - vegetation was a foot high
Inspector Yannarelly:
- a complaint came in then, it was transferred to VB Jun 17, 2013
Ms. Moermond:
- the Order was issued on a Mon; the work was done on a Fri; so, if you're there on
the weekends, it won't be good enough
- the city has a legal obligation to send a letter first class to the owner of record at the
address listed with the county and that did occur
- there would be a phone number of record if this would have been listed as a
Registered Vacant Building, which it should have been since 2011
- at the same time, there's no Code Compliance Inspection Report because this
wasn't in the Registered VB Program
- under the code, it is up to the owner to disclose that you have a Registered VB
Mr. Zwirn:
- with all due respect, he had an inspector out there from the city as well as the Fire
Dept, both indicating that they were registering the property as a Vacant Property
because he had them go through because of all the rehab that was done; they took it
off the Certificate of Occupancy list and put it on the VB list; so, both of them had
recognized that it has been vacant and was up for sale; it's not for him to check that
they put in the appropriate paperwork
Ms. Moermond:
- it sounds as though there was confused communication here
- the ordinance is clear that this would be a Registered VB
- will recommend approval of this assessment: there was a founded complaint, the
owner was notified, the work was done by the city
- it may be worth Mr. Zwirn's time to come to the City Council Public Hearing
- will put his letter onto the record
Inspector St. Martin:
- the house is "for sale" but there is not a Truth in Sale of Housing Report (TISH) that
Mr. Zwirn should have
- they expire every year
Referred to the City Council due back on 10/2/2013
22 RLH TA 13-516 Deleting the Appealed Special Tax Assessment for Real Estate Project
No. J1312A, Assessment No. 138535 at 1265 RICE STREET.
Sponsors: Brendmoen
Delete the assessment due to no video.
RE: 1265 Rice Street (Duplex)
Song Xiong appeared for his father, Koua Vang.
Mai Vang interpreted.
Inspector Joe Yannarelly:
- tall grass and weeds letter went out May 28, 2013; compliance date Jun 1, 2013
City of Saint Paul Page 13
Legislative Hearings Minutes - Final August 20, 2013
- re-checked Jun 3 and found in noncompliance; Work Order sent
- work done Jun 4, 2013 for a cost of $160 + $160 service charge = $320
Ms. Moermond:
- the camera video is not adequate
- photos have a May 31, 2013 date on them
- will recommend the assessment be deleted
Referred to the City Council due back on 10/2/2013
23 RLH TA 13-518 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1312A, Assessment No. 138535 at 1366 SEARLE
STREET.
Sponsors: Bostrom
No show; approve the assessment.
Referred to the City Council due back on 10/2/2013
24 RLH TA 13-499 Deleting the Appealed Special Tax Assessment for Real Estate Project
No. J1313P, Assessment No. 138412 at 414 SEVENTH STREET
WEST.
Sponsors: Thune
Delete the assessment; waiver on file.
Referred to the City Council due back on 10/2/2013
25 RLH TA 13-503 Deleting the Appealed Special Tax Assessment for Real Estate Project
No. J1312A, Assessment No. 138535 at 35 STEVENS STREET
WEST.
Sponsors: Thune
Delete the assessment.
RE: 35 Stevens Street West (Apartments)
Darryl Do, owner, and Sean Rogers Winston, Unit 5 tenant, appeared.
Inspector Paula Seeley:
- Summary Abatement Order issued May 29, 2013; compliance Jun 3, 2013
- re-checked Jun 10; Work Order sent
- work done Jun 13, 2013 for a cost of $288 + $160 service charge = $448
- no returned mail
- sent to Darryl Do and Linh Do, 3333 Centerville Rd, Vadnais Heights
- underlined: remove improperly stored or accumulated refuse including: discarded
furniture, etc., from the upper balcony
- photos
- comment: on Jun 3, 2013, an extension was granted for property owner to get
larger dumpster and remove discarded furniture from the upper balcony. Re-checked
on Jun 10, 2013 and not in compliance
- history is long
City of Saint Paul Page 14
Legislative Hearings Minutes - Final August 20, 2013
Mr. Do:
- he got the Order on May 23 and we cleaned up that day
- on May 29, they got a letter to get a larger dumpster, so they did that
- after that, the tenant called and asked why he had removed her furniture but he
hadn't removed anything from the balcony; turns out that the city removed her things
from the balcony
Ms. Winston:
- the things that were removed from the balcony were hers and they were usable:
propane cooker, grill, cooler, etc.; they weren't junk; why did they take them; there
was no garbage or junk
- she is annoyed because it was closed in; you walk out the door and it's right there
- she was unaware of the Orders; had she known, she could easily have brought
them inside
Mr. Do:
- he had no Notice to remove furniture or he would have let her know
- he showed Ms. Moermond the notices he had received
VIDEO
Ms. Moermond:
- she believes that he did not get the Notice
- it is not an enclosed porch
- Ms. WInston can file a claim with the city if she chooses
Ms. Seeley:
- previous work has been done by the owner not by the city
Ms. Moermond:
- she does believe that Mr. Do did not receive Notice, in this case; but is frustrated
that the city has to notify him to take care of business
- will recommend this assessment be deleted but will count toward an excessive
consumption
Referred to the City Council due back on 10/2/2013
26 RLH TA 13-517 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1312A, Assessment No. 138535 at 2121 UNIVERSITY
AVENUE WEST.
Sponsors: Stark
No show; approve the assessment.
Referred to the City Council due back on 10/2/2013
27 RLH TA 13-515 Deleting the Appealed Special Tax Assessment for Real Estate Project
No. J1313P, Assessment No. 138412 at 2389 UNIVERSITY AVENUE
WEST.
Sponsors: Stark
Delete the assessment; waiver on file.
Referred to the City Council due back on 10/2/2013
City of Saint Paul Page 15
Legislative Hearings Minutes - Final August 20, 2013
28 RLH TA 13-502 Ratifyting the Appealed Special Tax Assessment for Real Estate
Project No. J1312A, Assessment No. 138535 at 787 WATSON
AVENUE.
Sponsors: Thune
Delete the assessment.
RE: 787 Watson Avenue (Duplex)
Mike Caron, owner, appeared.
Inspector Paula Seeley:
- Summary Abatement Order issued Jun 19, 2013; compliance Jun 24; Work Order
sent
- work done Jun 27, 2013 for a cost of $298 + $160 service charge = $458
- sent to Mike Caron, Andover; Occupant
- no mail returned
- tall grass and weed letter sent Jul 2013
- underlined: remove improperly stored or accumulated refuse including: garbage
bag, recycling materials, etc. near garage and alley
- photo shows overflowing trash containers on Jun 24, 2013 ( Wed)
- a little history
Mr. Caron:
- wants to see the VIDEO
- he's on the corner of the alley; he had a dumping prior; the neighbor across the
street took photos of people dropping off articles; he addressed with his trash person,
Berquist and Sons; told him to pick up everything that's there
- he added an additional trash receptacle
- he believes these are 2 different instances
- he has tried to resolve the issue
- he's had countless mattresses taken away - had 4 hauled away last week
- his trash gets picked-up on Tue
VIEWED VIDEO
Ms. Moermond:
- viewed VIDEO again
- photo taken on Wed; trash is picked-up every Tue
- the only thing the same is the tire, which Berquist wouldn't pick up
- she thinks that what was picked-up was different from what the Orders were written
on
- will recommend deleting all except $75 (cost of getting rid of the tire)
Referred to the City Council due back on 10/2/2013
29 RLH TA 13-525 Deleting the Appealed Special Tax Assessment for Real Estate Project
No. J1312A, Assessment No. 138535 at 1025 YORK AVENUE.
Sponsors: Bostrom
Delete the assessment.
RE: 1025 York Avenue (Apartments)
Bill Cullen appeared.
City of Saint Paul Page 16
Legislative Hearings Minutes - Final August 20, 2013
Inspector Paula Seeley:
- tall grass and weeds order sent Jun 13, 2013; compliance Jun 16
- re-checked Jun 20, 2013; Work Order sent
- work done Jun 21, 2013 for a cost of $160 + $160 service charge = $320
- no returned mail
- Mr. Cullen is the new owner; closed Jun 26, 2013
- sent to York Avenue Properties LLC, 5113 W 98 St, Unit 193, Bloomington MN; York
Ave Properties LLC, 501 Dale St. N Ste 300; and Occupant
- previous owner had 2 weeks to take care of this / inform the new owner
Mr. Cullen:
- previous owner claims he never got a Notice but you sent it to his address in
Bloomington
- it's a 17-Unit building and we have 2 tenants paying rent
- and there are nuisance crime behaviors going on
- making progress; have already gone through some evictions
- there's mountains of trash but they get it out of there every other day
Ms. Moermond:
- if the property is kept clean between now and the City Council Public Hearing, Oct
2, 2013, she will recommend this assessment be deleted
Referred to the City Council due back on 10/2/2013
30 RLH TA 13-507 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1312A, Assessment No. 138535 at 1748 YORKSHIRE
AVENUE.
Sponsors: Tolbert
No show; approve the assessment.
Referred to the City Council due back on 10/2/2013
31 RLH TA 13-529 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. VB1312, Assessment No. 138819 at 322 DALY STREET.
Sponsors: Thune
Will reduce the assessment fee from $1595 to $750 if code compliant by Sept. 22,
2013.
RE: 322 Daly Street (Single Family)
Felipe Becerra, owner, appeared.
Inspector Joe Yannarelly:
- Vacant Building Registration fee cost: $1,440 + $155 service charge = $1,595
- has been a Category 2 VB since Feb 10, 2010
- 8 Work Orders
- a 60-day fee waiver was given Jan 25, 2013 to allow time for a code compliance
approval letter
- expired code compliance inspection
- there's a final on the plumbing, electrical; active on mechanical and warm air and
ventilation
- looks like it's close
City of Saint Paul Page 17
Legislative Hearings Minutes - Final August 20, 2013
Mr. Becerra:
- bought property Dec 7, 2012; VB fee was supposed to have been paid
- as soon as he received this letter, he called the closing company and they said
everything was paid
- brought the letter to Ms. Moermond (letter is written incorrectly)
- the rehab is already finished but one guy hasn't finaled it yet
Mr. Yannarelly:
- the VB fee for 2012-2013 was paid until February, 2013
- this VB fee is for 2013-2014 VB fee
Ms. Moermond:
- if Mr. Becerra has his Code Compliance Certificate by Sep 22, 2013, the date it
appears at the City Council Public Hearing, she will recommend this VB fee be cut in
half ($750)
Referred to the City Council due back on 10/2/2013
32 RLH TA 13-530 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. VB1312, Assessment No. 138819 at 1164 WESTERN
AVENUE.
Sponsors: Brendmoen
Reduce the assessment from $1595.00 to $500.00.
RE: 1164 Western Avenue North (Duplex)
Ruby Nguyen, owner, appeared.
Inspector Joe Yannarelly:
- Vacant Building Registration fee for a Category 2 duplex opened since Apr 15, 2009
- cost: $1,440 + $155 service charge = $1,595
- 5 Work Orders; none since Jun 2010
- sold Oct 2012
- annual VB renewal fee
- valid code complaince inspection report that expires next month
- all permits are finaled; just doesn't have the Certificate issued yet
Ms. Moermond:
- will reduce this assessment to $500.00
Referred to the City Council due back on 10/2/2013
33 RLH TA 13-531 Deleting the Appealed Special Tax Assessment for Real Estate Project
No. J1312A, Assessment No. 138535 at 1249 RICE STREET.
Sponsors: Brendmoen
Delete the assessment.
RE: 1249 Rice Street (Single Family)
Leah and Mary Wong
Inspector Paula Seeley:
City of Saint Paul Page 18
Legislative Hearings Minutes - Final August 20, 2013
- tall grass and weeds Order sent May 28, 2013; compliance date Jun 1, 2013
- re-checked Jun 3; Work Order sent
- work done for a cost of $160 + $160 service charge = $320
- sent to Federal Mortgage Association; International __ of Bloomington; and
Occupant
- no returned mail
- photo
Mr. Wong:
- just bought the house and he asked his son to cut the grass the day they went to
their closing; he cut 3/4 of it and the city came over and said, " You are not the owner
yet, so they cut the rest of it."
- end of May or beginning of Jun
- he told the men he had just bought the house and they said, "The owner is not here
so we need to cut the grass."
- he talked to his realtor
Ms. Moermond:
- during Mr. Wong's period of ownership, the notification to take care of this went to
the previous owner; therefore, Mr. Wong did not receive proper notification that there
was a problem
- it's also a no VIDEO problem
- she will recommend this assessment be deleted
Referred to the City Council due back on 10/2/2013
Special Tax Assessments - ROLLS
34 RLH AR 13-112 Ratifying Collection of Vacant Building fees billed August 21, 2012 to
April 19, 2013. (File No. VB1312, Assessment No. 138819)
Sponsors: Lantry
Referred to the City Council due back on 10/2/2013
35 RLH AR 13-82 Ratifying the assessments for Property Clean Up Services from June
5 to July 1, 2013. (File No. J1312A, Assessment No. 138535)
Sponsors: Lantry
Referred to the City Council due back on 10/2/2013
36 RLH AR 13-83 Ratifying the assessments for Trash Hauling Services from June 5 to
26, 2013. (File No. J1312G, Assessment No. 138714)
Sponsors: Lantry
Referred to the City Council due back on 10/2/2013
37 RLH AR 13-84 Ratifying the assessments for Graffiti Removal Services from June 5
to July 22, 2013. (File No. J1313P, Assessment No. 138412)
Sponsors: Lantry
Referred to the City Council due back on 10/2/2013
City of Saint Paul Page 19
Legislative Hearings Minutes - Final August 20, 2013
38 RLH AR 13-85 Ratifying the assessments for Boarding and/or Securing Services
during June 2013. (File No. J1313B, Assessment No. 138115)
Sponsors: Lantry
Referred to the City Council due back on 10/2/2013
11:00 a.m. Hearings
Summary Abatement Orders
39 RLH SAO 13-33 Appeal of Ronald J. Adams to a Summary Abatement Order at 676
WELLS STREET.
Sponsors: Bostrom
Grant until Monday, August 26, 2013 for Appellant to vacate the building and
boarding of the building will take place.
Ronald J. Adams:
- the August 27 Legislative Hearing is a big day because it will be about what is
actually going to happen to the house
- he would like to have things postponed until August 27
- this is set up to appeal tomorrow night (August 21) at the City Council.
- he thinks he has a pretty nice house, and the police that came thought he had a
pretty nice house
- he has done most of the things except for what he could not do legally: get a
plumbing and electrical permit
- he had heat put in; when he went to get a permit, they said it was electrical
- he got an electrical permit
- he spent $6,000
- the bottom line: he would like to get Jim Seeger to take a look, but no one wants to
take a look until he pays $5,000 in possible permit fees or $2,500 in vacant building
fees
- Ii seems like that is a lot of pressure to just take a look
- he has paid $5,000 in vacant building fees
- he asked why this is condemned
- he took out the illegal stuff in the basement
- there is no bathroom, no kitchen, nothing down there
Moermond:
- they are starting the conversation they were going to have next week today
- rehabbing the house will be next week
- regarding the boarding, she asked what he was looking for with this appeal
Adams:
- he is wondering if someone can look at the house
- Tom Friel or Joe Yannarelly can come in
Moermond:
- you say you were living here and it is a registered vacant building
- asking the inspector to come in and look at conditions is the past and not where we
are at
- this is a registered vacant building
- the City process at this point is to write a criminal citation or board the structure
City of Saint Paul Page 20
Legislative Hearings Minutes - Final August 20, 2013
- boarding is a simpler option
Adams:
- that would be putting him out in the street
- giving him a criminal citation is like going to jail
- he went along with things for the condemnation because Dan Bostrom asked him to
- they all told him he could live there and do things.
- now it is not okay, and he has to live outside
- he is 60 years old
- they said it was okay: Magner, Bostrom; they said if he does this, then he can stay
there
- he would like another 7 days to bring information to this hearing
Moermond:
- it does not sound like Magner to give you the message that you can live in a
condemned house
Adams:
- he is not lying
Moermond:
- there is a lot of places between lying and misunderstanding
- Steve Magner will be here next week
- the hearing next week is not to talk at all about the boarding
- he should not have been living there
- the condemnation orders have been crysal clear
- the vacant building orders have been crystal clear
- the city will need to board it on Monday (August 26), if it not boarded by that time
- he will get a chance to talk to the Council tomorrow (August 21)
- it looks like he has friends that will be able to help him out
Referred to the City Council due back on 8/21/2013
Orders To Vacate, Condemnations and Revocations
40 RLH VO 13-40 Appeal of Steven Horvath to a Notice of Condemnation as Unfit for
Human Habitation and Order to Vacate at 1322 BURR STREET.
Sponsors: Brendmoen
Deny the appeal; condemnation has been lifted and the balance of the items will be
converted to a Correction Order.
RE: 1322 Burr Street (Single Family)
Steven Horvath, occupant and son of owner, appeared.
Mr. Horvath:
- the clean-up is done
- just waiting on the paperwork so he can pull a permit and do the roof
Inspector Paula Seeley:
- inspected Fri and lifted the Condemnation - knocked it down to a Correction Notice
- for the permit, Mr. Horvath can write the application but Lois has to sign; he sent it
to her and she will send it back
- an insurance adjuster also came out to look at the roof
City of Saint Paul Page 21
Legislative Hearings Minutes - Final August 20, 2013
- the main thing she saw was the roof; there's water damage on the second floor
around the chimney
- getting the porch fixed with a new roof and the chimney needs some repair; also
one bathroom needs some work on the second floor
- it's a beautiful house and Mr. Horvath needs to clean just a little more
- told him he could live there
- asked Mr. Horvath to call her as soon as he gets the permit and if the insurance guy
says, "Yes," they will file a claim and the insurance can pull the permit
- she provided Mr. Horvath with a few places he could check out for loans
Ms. Moermond:
- she could not be happier
- yes, he can live there
- just a few Orders for the interior
- you don't even need to be here
Referred to the City Council due back on 9/4/2013
1:30 p.m. Hearings
Correction Orders
41 RLH CO 13-26 Appeal of Elizabeth Teefy to a Fire Inspection Correction Notice at 626
CHEROKEE AVENUE.
Sponsors: Thune
RE: 626 Cherokee Avenue (Duplex)
Elizabeth Teefy, Teefy McClun LLC, owner, appeared.
Fire Inspector Leanna Shaff:
- there are pictures in Amanda
- Fire Certificate of Occupancy Inspection conducted on Jul 17, 2013 by Inspector
Sean Westenhofer
- initial appointment letter was sent out Mar 15, 2013 for an Apr 15 inspection
- appeal is on the deferred exterior maintenance
- the inspector had a difficult time gaining access at the beginning of this process; so,
he put it on a referral
- photos show that the exterior needs some attention
- the Appellant asked the inspector for a year extension ; however, the dept doesn't
give that long a time period
- inspector did get inside: cited flexible dryer vent; RH1 Residential Heating Report;
and smoke detector affidavit
Ms. Teefy:
- the delay of the inspection all coincided with the end of her divorce; this property
was part of that decree
- her divorce decree was finalized Apr 16, 2013 and there was a lot of
miscommunication (to whom the letter was sent, etc.)
- also, Inspector Westenhofer went on maternity leave and recommended that this
inspection wait until Jun or Jul to be done
- she is not appealing the fact that any of those repairs are needed
City of Saint Paul Page 22
Legislative Hearings Minutes - Final August 20, 2013
- she has had this property for 9-10 years and it has been given an " Class A" rating
- she has a good history and does want to keep up her properties
- the property is up-side-down
- it's located in a beautiful spot but rents have not increased much
- she has great tenants in the housea and was able to raise the rent just a little
- is working to get on her feet, financially
- is asking for a 1-year extension; she feels confident that within this year she will be
able to gather the funds to get the paint job done; she has one bid for $12,000; will
get another and if she gets a lower bid, she may be able to do the job sooner
- not contesting Orders which also includes some masonry work on the exterior
- Inspector Westenhofer was amenable to waiting until she actually owned the
property
- she is asking for a year or at least until next Jun 15, 2013
Ms. Moermond:
- this situation calls for a Work Plan and some of it needs to be done this year
- cement and tuckpointing work should be done this year; stairs need cement
- if the balance of the Orders are done this year, the painting can wait until Jul 1,
2014
- the deadline for cement, tuckpointing, stairs repair: Sep 16, 2013
- exterior painting deadline: Jul 1, 2014
- if there's a complaint, we will need to revisit it
Referred to the City Council due back on 9/4/2013
Fire Certificates of Occupancy
42 RLH FCO Appeal of Sugandhi Pen to a Fire Inspection Correction Notice at 1512
13-195 CASE AVENUE.
Sponsors: Bostrom
Grant a variance for the rooms described as:
1) NW bedroom with a maximum ceiling height of 7 ft for 33 sq ft over a total floor
area of 171 sq ft; and
2) SE bedroom with a maximum ceiling height of 6 ft 9 inches for 44 sq ft of the 155
sq ft.
RE: 1512 Case Avenue (Single Family)
Sugandhi Pen and Marin Mar, owners, appeared.
Fire Inspector Leanna Shaff:
- Fire Inspector Certificate of Occupancy Correction Notice from Aug 16, 2013
conducted by Inspector James Thomas
- #1 northwest bedroom ceiling height
- #2 southeast bedroom ceiling height
- code requires 7 feet ceiling height over half the floor area
- #1 - it's 7 ft.1 in. or 3 ft of the ceiling height; at 4 ft., the remainder of the ceiling
height is 6 ft. 2 in.; Mr. Thomas said the square footage of the room at 171 sq. ft. is
more than 5 ft; he said that room is 3 feet down the center and 4 feet on each side of
that (11 feet in width)
- it would be helpful if there were pictures
Ms. Moermond:
- when she passed this appeal on to Fire, she remembers making a note about what
City of Saint Paul Page 23
Legislative Hearings Minutes - Final August 20, 2013
she needed and Ms. Shaff spoke with Inspector Thomas this morning and she isn't
happy with the measurements either
Mr. Mar:
- entered his photos into the file, which they discussed
- he said the ceiling height was 83 inches; dimensions are 14 ft. 1 in. x 10 ft. 7 in.
- they made copies of the photos
Ms. Shaff:
- she spoke with the building official, Steve Ubl, today about this; it went through
Code Compliance inspection in 2006 - it's an odd type of ceiling but there wouldn't be
an issue with it
Ms. Moermond:
- the way Mr. Thomas described it doesn't make sense to her; the description makes
it sound as though this is a pitched roof
- what he described and the pictures don't agree
- will recommend granting a variance on these ceilings
- she will need to figure exactly how much variance is needed for each bedroom for
the resolution
Referred to the City Council due back on 9/4/2013
43 RLH FCO Appeal of Mai Soung to a Fire Inspection Correction Notice at 745
13-188 ENGLEWOOD AVENUE.
Sponsors: Khaliq
Grant the appeal.
RE: 745 Englewood Avenue (Duplex)
Mai Soung, owner, appeared.
Fire Inspector Leanna Shaff:
- Fire Certificate of Occupancy Correction Notice from inspection Jul 29, 2013
conducted by Inspector Lisa Martin
- #3 reduce the number of occupants to 2 occupants per bedroom
- measurements were not provided; there are notes in the file: lower Unit of duplex;
there are 8 people in 2 bedrooms, sleeping on floors; due to new arrivals to this
country, there were here temporarily; will be moving to a 4-bedroom place in 30 days;
front porch has mattresses; said there were only 2 bedrooms; etc., etc; it says she
took photos but there are none attached
Ms. Soung:
- the lease notes only 6 people living there; on that day, there were a couple other
children there
- they just moved in and said they didn't plan to stay there long
- 3 bedrooms
- she walked through the house with Ms. Martin
- in one of the bedrooms, they had just a coffee table; so, Ms. Martin thought there
were only 2 bedrooms
- these people don't use mattresses; they had only 1 mattress; they sleep on the floor
- they were placed by Catholic Charities; she deals a lot with Catholic Charities for
new arrivals adjustment time
- she is here today because she wants to make sure that this Unit is listed as a 3
bedroom
City of Saint Paul Page 24
Legislative Hearings Minutes - Final August 20, 2013
- there are 6 people, total, living there
- Ms. Martin was concerned only about the lower level
Ms. Moermond:
- she can't tell from a diagram; she needs photographs (Ms. Soung: she can take a
picture and email it)
- is really looking for the inspector to have taken some photographs to document the
position being put forward
- will recommend granting the appeal
- the Orders, themselves, are not specific as to which Unit is even in question
- noted that there is no documentation that 8 people are living there
- noted that there is no documentation of the bedroom measurements
Referred to the City Council due back on 9/4/2013
2:30 p.m. Hearings
Vacant Building Registrations
44 RLH VBR 13-46 Appeal of Donna Sue and Steve Flanders to a Vacant Building
Registration Requirement at 707 EDMUND AVENUE.
Sponsors: Khaliq
RE: 707 Edmund Avenue (Single Family - secondary use)
Steve Flanders, owner, appeared.
Matt Dornfeld, Vacant Buildings:
- opened a Category 2 Vacant Building May 4, 2013 per Certificate of Occupancy
Revocation by Inspector Bill Beumer
- this parcel has 2 separate single family homes
- 705 Edmund is owner-occupied; 707 Edmund is the house we are dealing with
today
- upon the Revocation and opening up of a Cat 2 VB, the owner filed an appeal
- Mr. Dornfeld spoke with both Mr. Flanders and Mr. Beumer on the phone; they
reached an understanding on Mar 19, 2013 to make this a Cat 1 VB and allowed the
owner 120 days to pull the appropriate permits and get the C of O re-instated;
however, he thinks there was some confusion with the property owner concerning an
actual deadline (Jul 19, 20130)
- plumbing permit has not yet been pulled; and there is still on-going rehab work
- he spoke with Inspector Beumer and both agreed to revert this back to a Cat 2 VB
and go ahead with the VB fee assessment
- after that, Mr. Flanders tried to pull a permit but was unable to, so, he contacted Mr.
Dornfeld to find out what was going on; Mr. Dornfeld explained it to him; Mr. Flanders
did not realize that there was an actual deadline; Mr. Dornfeld put in another 30-day
fee waiver so that it would not go to assessment before this hearing
- currently, it's a Cat 2 VB; fee is due Aug 31, 2013
- after Mr. Flanders filed an appeal, Mr. Dornfeld put another small hold on it to
prevent it from going to assessment
Ms. Moermond:
- doesn't see an photos associated with the Revocation
City of Saint Paul Page 25
Legislative Hearings Minutes - Final August 20, 2013
- these kinds of conditions are normally ones we'd see photos of (walls, unsafe
stairways, etc.)
- also seeing connector caps and sewer piping in accordance with the plumbing code
Ms. Shaff:
- unfortunately, Inspector Beumer doesn't work for the city any longer
- that's Supervisor Neis' area; not sure he's picked up this file
- concerned about timing; Inspector Beumer's first notes on this are from Mar 8, 2012
Mr. Flanders:
- Mr. Dornfeld's statements are accurate; and he wanted us to continue to work with
Mr. Beumer
- he was expecting some communication from Mr. Beumer the way things had
previously worked
- Mr. Flanders didn't know they had this deadline and he didn't understand that they
were supposed to get permits before that time
- Mr. Dornfeld explained everything to him
- repairs still need to be completed to bring everything up to code, so, he appealed
and he is committed to making all of those repairs
- personal situation: he works with Health and Human Services - 50 hours+ per
week, a job that he can't lose because he needs to take care of his daughter and
disabled wife
- this situation is exactly what he didn't want to happen so he decided not to go on a
family vacation so they could keep on working on the project
- needs yet to hire Standard Heating and Air Conditioning to replace the furnace ; it's a
huge octopus, which didn't pass the inspection and it has asbestos in it; so, they also
need to hire Evirolvate to remove the asbestos and the old furnace (takes more time)
- needs to be able to pull permits to get that done
- his wife has 5th stage lymphoma and has not been able to work; she does help him
with the rehab when she is feeling well enough; mostly, it's just him
- he also talked to Mr. Beumer about the fact that they didn't want to use it as a
rental; his daughter is going to St. Paul College and she wants to live in her own
place; it's their desire that she live in this house
- at one point they did have renters there but it's been over a year; they have not had
good luck with renters; they've just destroyed the place
- he has no complaint about doing this work; he is doing the best he can with the time
he has
- the sandstone and a plaster of paris are crumbling; he's cleaned that all off and puts
cement over; that's taken hundreds of hours
Ms. Moermond:
- wishes she had some photos; some information about the interior beyond what she
has
- needs explanation on repair floors and cabinets
Mr. Dornfeld:
- Mr. Flanders has made an honest attempt on the exterior portion of the home
- he has some extenuating circumstances that need to be taken into consideration,
as well
- thinks that Mr. Flanders is sincere and willing to finish the rehab
- the building permit is still open
- he still needs a plumbing permit, which he cannot pull because of the Cat 2 status
Mr. Flanders:
- the floor: Mr. Beumer said to either put carpeting in it or sand it because of the
marks/scuffs, so he's sanded and finished it
City of Saint Paul Page 26
Legislative Hearings Minutes - Final August 20, 2013
- cabinets: they had the new cabinets sitting on the floor when Mr. Beumer came;
they are now installed
Mr. Moermond:
- needs Ms. Shaff to walk through the house to make sure the list is substantially the
same (her preference is to work form this list); if it doesn't look the same as the
current list - they will need to discuss it
- will lay this over for 2 weeks until Sep 3, 2013 at 2:00 pm
- ultimately, this will be out of the Fire C of O Program (will forestall this issue - in or
out of C of O)
- we need to talk more about policy because there are 2 single homes on 1 parcel, of
which the first is owner-occupied
- in the meantime, DSI can issue the plumbing permit
- Mr. Flanders will need to pay part of the VB fee, maybe all of it
- there's a relative narrow list
- Mr. Dornfeld will change this to a Cat 1 VB for 2 weeks so that Mr. Flanders can get
the plumbing permit pulled and he may need to pull another building permit (Mr.
Flanders can hire any contractor to pull the permit)
Laid Over to the Legislative Hearings due back on 9/3/2013
Other
Staff Reports
Window Variances: No Hearing Necessary
45 RLH FOW Appeal of Patti M. Cournoyer to a Correction Notice-Daycare
13-10 Inspection at 2176 REANEY AVENUE.
Sponsors: Lantry
Grant a 6-inch variance on the openable height of the egress windows in the east
and west bedrooms. (No hearing necessary)
Referred to the City Council due back on 9/4/2013
46 RLH FOW 13-9 Appeal of Julie Peterson to a Fire Certificate of Occupancy Correction
Notice at 1447 WHITE BEAR AVENUE NORTH.
Sponsors: Bostrom
Grant a 5-inch variance on the openable height of the egress windows in the upper
east and southside bedrooms. (No hearing necessary)
Referred to the City Council due back on 9/4/2013
City of Saint Paul Page 27
Agenda
15 West Kellogg Blvd.
City of Saint Paul Saint Paul, MN 55102
Meeting Agenda - Final-revised
Legislative Hearings
Marcia Moermond, Legislative Hearing Officer
Mai Vang, Hearing Coordinator
Jean Birkholz, Hearing Secretary
legislativehearings@ci.stpaul.mn.us
651-266-8585
Tuesday, August 20, 2013 9:00 AM Room 330 City Hall & Court House
9:00 a.m. Hearings
Special Tax Assessments
1 RLH TA Amending Council File No. RLH AR 13-52, adopted by Council to Ratify
13-510 the Appealed Special Tax Assessment for Real Estate Project No.
J1309A, Assessment No. 138521 at 831 COMO AVENUE.
Sponsors: Brendmoen
2 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
13-497 No. J1310A1, Assessment No. 138538 at 1502 IGLEHART AVENUE.
Sponsors: Khaliq
3 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
13-513 No. J1311A, Assessment No. 138530 at 1882 MINNEHAHA AVENUE
EAST.
Sponsors: Lantry
4 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
13-506 No. J1310A2, Assessment No. 138539 at 586 THOMAS AVENUE.
Sponsors: Khaliq
Special Tax Assessments - NEW
5 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
13-511 No. J1312A, Assessment No. 138535 at 1007 ARUNDEL STREET.
Sponsors: Brendmoen
6 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
13-523 No. J1313B, Assessment No. 138115 at 461 BEAUMONT STREET.
Sponsors: Thune
7 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
13-522 No. VB1312, Assessment No. 138819 at 759 CHARLES AVENUE.
Sponsors: Khaliq
City of Saint Paul Page 1 Printed on 9/25/2013
Legislative Hearings Meeting Agenda - Final-revised August 20, 2013
8 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
13-528 No. J1312A, Assessment No. 138535 at 196 COLBORNE STREET.
Sponsors: Thune
9 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
13-514 No. J1312A, Assessment No. 138535 at 1570 CONWAY STREET.
Sponsors: Lantry
10 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
13-519 No. J1312A, Assessment No. 138535 at 959 EUCLID STREET.
Sponsors: Lantry
11 RLH TA Deleting the Appealed Special Tax Assessment for Real Estate Project
13-521 No. J1312A, Assessment No.138535 at 527 FOREST STREET.
Sponsors: Lantry
12 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
13-505 No. J1312A, Assessment No.138535 at 766 GERANIUM AVENUE
EAST.
Sponsors: Bostrom
13 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
13-501 No. J1312G, Assessment No. 138714 at 1256 HARTFORD AVENUE.
Sponsors: Tolbert
14 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
13-508 No. J1312A, Assessment No. 138535 at 294 HAZELWOOD STREET.
Sponsors: Lantry
15 RLH TA Deleting the Appealed Special Tax Assessment for Real Estate Project
13-526 No. J1313B, Assessment No. 138115 at 1485 KLAINERT STREET.
Sponsors: Brendmoen
16 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
13-527 No. J1312A, Assessment No. 138535 at 380 MAGNOLIA AVENUE
EAST.
Sponsors: Brendmoen
17 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
13-520 No. J1312A, Assessment No.138535 at 525 MARYLAND AVENUE
EAST.
Sponsors: Brendmoen
18 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
13-500 No. J1312A, Assessment No. 138535 at 141 MORTON STREET
WEST.
Sponsors: Thune
19 RLH TA Deleting the Appealed Special Tax Assessment for Real Estate Project
13-512 No. J1312A, Assessment No. 138535 at 1233 PAYNE AVENUE.
City of Saint Paul Page 2 Printed on 9/25/2013
Legislative Hearings Meeting Agenda - Final-revised August 20, 2013
Sponsors: Bostrom
20 RLH TA Deleting the Appealed Special Tax Assessment for Real Estate Project
13-504 No. J1313B, Assessment No. 138115 at 1168 PORTLAND AVENUE.
Sponsors: Khaliq
21 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
13-524 No. J1312A, Assessment No. 138535 at 1240 RICE STREET.
Sponsors: Brendmoen
22 RLH TA Deleting the Appealed Special Tax Assessment for Real Estate Project
13-516 No. J1312A, Assessment No. 138535 at 1265 RICE STREET.
Sponsors: Brendmoen
23 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
13-518 No. J1312A, Assessment No. 138535 at 1366 SEARLE STREET.
Sponsors: Bostrom
24 RLH TA Deleting the Appealed Special Tax Assessment for Real Estate Project
13-499 No. J1313P, Assessment No. 138412 at 414 SEVENTH STREET
WEST.
Sponsors: Thune
25 RLH TA Deleting the Appealed Special Tax Assessment for Real Estate Project
13-503 No. J1312A, Assessment No. 138535 at 35 STEVENS STREET WEST.
Sponsors: Thune
26 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
13-517 No. J1312A, Assessment No. 138535 at 2121 UNIVERSITY AVENUE
WEST.
Sponsors: Stark
27 RLH TA Deleting the Appealed Special Tax Assessment for Real Estate Project
13-515 No. J1313P, Assessment No. 138412 at 2389 UNIVERSITY AVENUE
WEST.
Sponsors: Stark
28 RLH TA Ratifyting the Appealed Special Tax Assessment for Real Estate Project
13-502 No. J1312A, Assessment No. 138535 at 787 WATSON AVENUE.
Sponsors: Thune
29 RLH TA Deleting the Appealed Special Tax Assessment for Real Estate Project
13-525 No. J1312A, Assessment No. 138535 at 1025 YORK AVENUE.
Sponsors: Bostrom
30 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
13-507 No. J1312A, Assessment No. 138535 at 1748 YORKSHIRE AVENUE.
Sponsors: Tolbert
City of Saint Paul Page 3 Printed on 9/25/2013
Legislative Hearings Meeting Agenda - Final-revised August 20, 2013
31 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
13-529 No. VB1312, Assessment No. 138819 at 322 DALY STREET.
Sponsors: Thune
32 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
13-530 No. VB1312, Assessment No. 138819 at 1164 WESTERN AVENUE.
Sponsors: Brendmoen
33 RLH TA Deleting the Appealed Special Tax Assessment for Real Estate Project
13-531 No. J1312A, Assessment No. 138535 at 1249 RICE STREET.
Sponsors: Brendmoen
Special Tax Assessments - ROLLS
34 RLH AR Ratifying Collection of Vacant Building fees billed August 21, 2012 to
13-112 April 19, 2013. (File No. VB1312, Assessment No. 138819)
Sponsors: Lantry
35 RLH AR Ratifying Property Clean Up services during June 5 to July 1, 2013. (File
13-82 No. J1312A, Assessment No. 138535)
Sponsors: Lantry
36 RLH AR Ratifying Trash Hauling services during June 5 to June 26, 2013. (File
13-83 No. J1312G, Assessment No. 138714)
Sponsors: Lantry
37 RLH AR Ratifying Graffiti Removal services during June 5 to July 22, 2013. (File
13-84 No. J1313P, Assessment No. 138412)
Sponsors: Lantry
38 RLH AR Ratifying Boarding and/or Securing services during June 2013. (File No.
13-85 J1313B, Assessment No. 138115)
Sponsors: Lantry
11:00 a.m. Hearings
Summary Abatement Orders
39 RLH SAO Appeal of Ronald J. Adams to a Summary Abatement Order at 676
13-33 WELLS STREET.
Sponsors: Bostrom
Orders To Vacate, Condemnations and Revocations
40 RLH VO Appeal of Steven Horvath to a Notice of Condemnation as Unfit for
13-40 Human Habitation and Order to Vacate at 1322 BURR STREET.
Sponsors: Brendmoen
City of Saint Paul Page 4 Printed on 9/25/2013
Legislative Hearings Meeting Agenda - Final-revised August 20, 2013
1:30 p.m. Hearings
Correction Orders
41 RLH CO Appeal of Elizabeth Teefy to a Fire Inspection Correction Notice at 626
13-26 CHEROKEE AVENUE.
Sponsors: Thune
Fire Certificates of Occupancy
42 RLH FCO Appeal of Sugandhi Pen to a Fire Inspection Correction Notice at 1512
13-195 CASE AVENUE.
Sponsors: Bostrom
43 RLH FCO Appeal of Mai Soung to a Fire Inspection Correction Notice at 745
13-188 ENGLEWOOD AVENUE.
Sponsors: Khaliq
2:30 p.m. Hearings
Vacant Building Registrations
44 RLH VBR Appeal of Donna Sue and Steve Flanders to a Vacant Building
13-46 Registration Requirement at 707 EDMUND AVENUE.
Sponsors: Khaliq
Other
Staff Reports
Window Variances: No Hearing Necessary
45 RLH FOW Appeal of Patti M. Cournoyer to a Correction Notice-Daycare Inspection
13-10 at 2176 REANEY AVENUE.
Sponsors: Lantry
46 RLH FOW Appeal of Julie Peterson to a Fire Certificate of Occupancy Correction
13-9 Notice at 1447 WHITE BEAR AVENUE NORTH.
Sponsors: Bostrom
City of Saint Paul Page 5 Printed on 9/25/2013