Legislative Hearings
Regular MeetingSt. Paul, MN · September 3, 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, September 3, 2013 9:00 AM Room 330 City Hall & Court House
9:00 a.m. Hearings
Special Tax Assessments
1 RLH TA 13-538 Ratifying the Appealed Special Tax Assessment for Real Estate Project No .
J1311A, Assessment No. 138530 at 991 HAWTHORNE AVENUE EAST. (To
be amended September 4, 2013)
Sponsors: Bostrom
Delete the assessment.
RE: 991 Hawthorne Avenue East (Single Family)
Jeff Flynn and Barry Coom, Fairplay Asset Management LLC, owners, appeared.
Mr. Flynn:
- they purchased the property from the bank Apr 26, 2013
Inspector Joe Yannarelly:
- Summary Abatement issued May 16 with compliance May 21
- re-checked May 21 and found in noncompliance
- garbage, rubbish; remove wood, rug, cabinets, broken fence near garage
- sent to HSBS Mortgage Services Inc, Brandon, FL; and Occupant
- work done May 22, 2013 for a cost of $316 + $160 service charge = $476
Ms. Moermond:
- during your period of ownership, Notice was sent to the previous owner
- you did not get proper notification
- will recommend the City Council delete this assessment
Referred to the City Council due back on 9/4/2013
2 RLH TA 13-535 Ratifying the Appealed Special Tax Assessment for Real Estate Project No .
J1306E1, Assessment No. 138308 at 1741 BUSH AVENUE.
Sponsors: Lantry
Delete the assessment. Notice went to previous owner(s).
RE: 1741 Bush Avenue (Single Family)
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Legislative Hearings Minutes - Final September 3, 2013
Anthony Lee, owner, appeared. (Mai Vang interpreted.)
Inspector Joe Yannarelly:
- according to Inspector Seeley, one of theses assessments for Excessive
Consumption for Abandoned Vehicles should be deleted ; it's a duplicate
- will check on the ownership situation because the names on the Orders don't match
Mr. Lee's name
Mr. Lee:
- bought this property Oct 31, 2012 as rental property from David R. Johnson and
Arafat Hassan Elbakri
- he got this Notice from the renters
Ms. Moermond:
- will recommend deleting this assessment
- Mr. Lee did not receive proper legal Notice that there was a problem; Notice went to
previous owner
- Ramsey County was at least 3 months behind in registering Mr. Lee's Contract for
Deed
Referred to the City Council due back on 9/18/2013
3 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
Approve the assessment and spread the payments over 3 years.
RE: 759 Charles Avenue (Duplex)
Birgir Hardee, owner, appeared.
Inspector Joe Yannarelly:
- Registered Vacant Building fee due for renewal for a cost of $1440 + $155 service
charge = $1595
- it's been a Category 2 VB since May 4, 2012
- the Code Compliance Inspection has just been completed; no permits are pulled at
this time
Ms. Hardee:
- had bad renters in there
- has done a lot of work already: all new siding; windows are all thermal pane; has a
new roof
- talked with Mr. Seeger back in Jun 2013; he missed a date to repeal the VB fee
- there were a few interior things that needed to be done
- asked Mr. Seeger how he'd repeal the VB fee
Mr. Yannarelly:
- there's plenty to do on the list: electrical, heating, plumbing, etc.
Ms. Moermond:
- in order to get off the VB list, you need to have the Code Compliance Inspection
done and get permits finaled (inspection has been done)
- you also have these annual VB fees and in order to make sure that those VB fees
get paid, the city won't issue the permits until you pay the VB fee
(Mr. Hardee: so, why didn't they tell me that?)
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Legislative Hearings Minutes - Final September 3, 2013
- this is Mr. Hardee's 2nd VB fee and she wants to create an incentive for him to get
the project done quickly
- anniversary date is May 4
Mr. Hardee:
- won't be able to get the total project done until next spring
Ms. Moermond:
- will recommend that the City Council divide this assessment over a 3- year period
- asked Mr. Yannarelly to allow Mr. Hardee to pull permits
- if you are not completely done next spring, ask the inspector for an extension
Referred to the City Council due back on 10/2/2013
4 RLH TA 13-512 Ratifying the Appealed Special Tax Assessment for Real Estate Project No .
J1312A, Assessment No. 138535 at 1233 PAYNE AVENUE.
Sponsors: Bostrom
Delete the assessment.
RE: 1233 Payne Avenue (Fast Food Restaurant-B-Commercial) Dairy Queen
Alyssa Vang, Sou Lee's sister, appeared.
Ms. Vang:
- just purchased the property for tax purposes
- Sou Lee is the owner of record; he bought it from the bank
- she is not living there yet; it needs a lot of work
Inspector Joe Yannarelly:
- Summary Abatement of garbage and rubbish issued Jun 5; compliance Jun 11,
2013
- re-checked Jun 12 and found in noncompliance
- parks did the work Jun 13, 2013 for a cost of $288 + $160 service charge = $448
- it's a Category 1 Commercial Vacant Building
Ms. Vang:
- this is the first notice we got
- the bank didn't do anything
- we need to get permits in order to fix it up
- they don't get mail there
Ms. Moermond:
- when Sou Lee registered this with the county, he put this address (1233 Payne Ave)
on their record
- he should have registered it under his own address, 255 Maryland Ave W
Ms. Vang:
- they changed the address to 255 Maryland Ave W
Ms. Moermond:
- Sou Lee's correct address was not submitted on the forms that were submitted to
the county initially
- so the mistake at the county was made by you and Mr. Lee; then, it was corrected
by you and Mr. Lee
- the photo shows dumping of garbage
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Legislative Hearings Minutes - Final September 3, 2013
Ms. Vang:
- that's not garbage; it's the sand from the digging up of the sewer in the parking lot;
this is what we were doing to fix up the building
- she talked with Tom, the enforcement officer and told him that they needed about 2
more months to get everything done
- the plumbing is done; now, they just need to install the windows and carpeting
Mr. Yannarelly:
- Aug 28, 2013, Tom Friel waived the VB fee until Oct 15, 2013
Ms. Moermond:
- will recommend that this assessment be deleted
- Ms. Vang will commit to have the project done in 2 months
Referred to the City Council due back on 10/2/2013
5 RLH TA 13-539 Ratifying the Appealed Special Tax Assessment for Real Estate Project No .
J1312A, Assessment No. 138535 at 899 CLARK STREET.
Sponsors: Brendmoen
Delete the assessment. Property was owned by HUD at time of orders and work
order.
Referred to the City Council due back on 10/2/2013
6 RLH TA 13-540 Ratifying the Appealed Special Tax Assessment for Real Estate Project No .
J1312A, Assessment No. 138535 at 1666 MARYLAND AVENUE EAST.
Sponsors: Bostrom
Reduce the assessment from $476 to $238.
RE: 1666 Maryland Avenue East (Single Family)
No one appeared.
Inspector Joe Yannarelly:
- he spoke with Mr. Foster, owner, who lives in Texas and he says that he received
the Vacant Building Registration Notice but not the Summary Abatement Order ; he
got the letter but can't be here because he lives in Texas
- also spoke with Inspector Nelmark, who attests that he sent both the VB notice and
the SA in separate envelopes
- it's a new Vacant Building as of Jun 19, 2013
- at the time of the initial inspection, Mr. Nelmark also issued a Summary Abatement
for garbage at the property
- Summary Abatement for a cost of $316 + $160 service charge = $476
- Orders dated Jun 19, 2013; compliance date Jun 26
- re-checked Jun 26 and found in noncompliance; Work Order sent
- work done Jun 28
- Orders sent to Mr. Foster in Fort Worth, TX
- he told Mr. Foster that living in Texas is not an excuse for not maintaining his
property
- currently, there is a SA outstanding: someone dumped some garbage and a
grocery cart (Mr. Foster called this morning and said that he got an extension from
Mr. Nelmark until the end of the week); Mr. Foster knows someone who will take care
of it
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Legislative Hearings Minutes - Final September 3, 2013
- not much history; last tall grass complaint was in 2009
Ms. Mai Vang:
- read email he received from Mr. Foster that says the same thing: that he received
only the VB notice, not the SA
Ms. Moermond:
- will split it down the middle; it could be his mistake or it could by ours
- will recommend reducing the assessment to $238
Referred to the City Council due back on 10/2/2013
11:00 a.m. Hearings
Summary Abatement Orders
7 RLH SAO 13-38 Appeal of Rebecca Bertini to a Summary Abatement Order at 872 DULUTH
STREET.
Sponsors: Bostrom
No show; deny the appeal.
Referred to the City Council due back on 9/18/2013
8 RLH SAO 13-39 Appeal of Channa R. Pittman to a Summary Abatement Order at 817
MARSHALL AVENUE.
Sponsors: Khaliq
Rescheduled per owner's request.
Laid Over to the Legislative Hearings due back on 9/10/2013
9 RLH SAO 13-37 Appeal of Daniel Simmer to a Summary Abatement Order and Vehicle
Abatement Order at 2036 SHERWOOD AVENUE EAST.
Sponsors: Bostrom
Grant until October 1, 2013 for compliance.
RE: 2036 Sherwood Avenue East (Single Family)
Daniel Simmer, owner, appeared.
Inspector Paula Seeley:
- office received a complaint about vehicles and rubbish in the yard to which
Inspector Mashuga responded
- Aug 8 - inspector sent a Summary Abatement Order and a Vehicle Abatement
Order; compliance Aug 16, 2013
- Aug 22 - he sent another set of Orders; compliance Aug 29, 2013
- photos
- apparently, Mr. Simmers fixes up cars for demolition derby
Mr. Simmer:
- inspector told me that Class 5 is no longer accepted as a surface for vehicles
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Legislative Hearings Minutes - Final September 3, 2013
- his property receives at least one complaint each year
- when you do a demolition derby, you need to remove all the flammables; the
flammables are in the large box
- all vehicles need to be licensed to him
- a demolition derby car doesn't have plates
- the pictured vehicle does have current tabs now
Ms. Moermond:
- asked for an aerial photo
Mr. Simmer:
- the first Notice said that I had scattered debris in the yard and a trailer of auto parts
and a blue car with no plates
- the blue car was my neighbor's car; it was parked on my property; about a week
earlier, it was parked on the street and someone drove right into it; he was going to
have someone tow it away for scrap so, I told him I'd pay for the cadillac converter on
it and then, when the derby was through, I'd send it for scrap; he had it on his
concrete slab because he has only a 1-car garage and he had a car in there; he had
the neighbor's current plates
- what was cited as a trailer isn't a trailer, it's just a plywood box - for the flammables;
when the derby season is done, he puts the insides back into the cars and sells the
car for scrap; he puts a tarp over the box
- by the time he got that Notice, the neighbor's car was no longer on the slab; it was
in the garage
- 2 days after he got the Notice, he called the inspector and left a message saying
that he had questions about the Order; he didn't get a call back from the inspector
until on the 22nd, he received another letter in the mail - this time, citing him for 2
other cars, one of which had been there the whole time as was the wood that he had
been chopping and the stack of tires had been there the whole time, as well; the 2nd
car had not been outside the garage before because it had been in a demolition
derby
- there has been 1 neighbor that has been complaining about smaller things, usually,
but every year even though he knows what I do, he still complains; over the years,
he's been harassed by that neighbor; he gets a lot of glares and obscene gestures
and periodic yelling; he's at his rope's end
- he wanted to come here today to say how he felt - trying to take care of the first
Order and then getting hit with a bunch of other things that were there the first time
Ms. Seeley:
- she explained that she had sent Inspector Mashuga out the 2nd time to write up
everything else because she got a call that he wasn't doing his job
Ms. Moermond:
- when a complaint comes in, an inspector must go to check it out
- if a complaint is unfounded, no Orders are written; if a complaint is founded, Orders
are written
- the large storage box for flammables seems to be used as a substitute garage
- the inspector first not calling everything and then not returning a call is a problem
Mr. Simmer:
- a derby car has all of its parts and is operable
- he talked with one of the supervisors about the storage box; the supervisor said that
if it had a roof and a door, it would be a shed and it wouldn't be an issue
Ms. Moermond:
- still leaves us with this pile of wood and tarped vehicles parked on an unacceptable
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Legislative Hearings Minutes - Final September 3, 2013
surface
Mr. Simmer:
- he spent the past week sawing and splitting the wood; he talked to another
supervisor at the office, who knew what he was supposed to do with it - get it off the
ground, stacked no higher than 5 feet and had to be at least 10 feet from the house,
which he did do
- the large box of parts and tarped vehicle: he does this every year - he loads the car
with the interior, asks his neighbors if they have anything that a scrapper might want
and gets rid of it
- all the cars are his except for the neighbor's car that had been totaled by a drunk
driver
Ms. Moermond:
- even though a demolition car doesn't require license tabs, state law does, as long
as it's sitting outside; basically, there's a 90-day grace period to get current tabs onto
the vehicle or the city will treat it like an abandoned refrigerator
- tabs need to be current if the car is outside and the car needs to appear operable
- the wooden box needs to go (Mr. Simmer: it's empty now; all the parts are gone; it
can go)
- you have the garage and the concrete slab on which to park; if you intend to park
more vehicles, you will need more parking space approved by zoning (Mr. Simmer is
talking to the city about that)
Mr. Simmer:
- wanted to bring to the city's attention the history of this and the lack of
communication from the inspector, which was very frustrating for him (it was over 3
weeks that he left a message and the 2nd Notice was confusing)
- he wanted to do what he needed to do but he couldn't find out what he needed to do
until he actually went down to the DSI office
- there are no provisions in Saint Paul for people who do motor sports:
races/derby/cars, etc.
Ms. Moermond:
- provided Mr. Simmer with a Neighborhood Handbook
- will recommend granting an extension to Oct 1, 2013
Referred to the City Council due back on 9/18/2013
10 RLH SAO 13-36 Appeal of John Knowles to a Summary Abatement Order at 750 FOURTH
STREET EAST.
Sponsors: Lantry
Grant until October 15, 2013 for compliance.
RE: 750 Fourth Street East (Duplex)
John H. Knowles, owner, appeared.
Inspector Paula Seeley:
- office received complaint about tall weeds on Aug 13
- inspector went out Aug 19 and sent Summary Abatement
- photos taken Aug 26: sees a lot of rank plant growth- saw a lot of thistles, ragweed,
milkweed
Mr. Knowles:
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Legislative Hearings Minutes - Final September 3, 2013
- those photos must be of the wrong house; there are no thistels, no ragweed, no
milkweed
- entered his photos
- has a very small corner house (corner of 4th and Maple); it's the old parish house
for the church next door
- discussion of his photos
- he cut back everything at least 3 feet; left some there because he questioned some
of the plants; if he has to cut it all down, he will
- has lived in Dayton's Bluff his entire life
- people do a lot of dumping in his neighborhood
- about 2 years ago, he cut everything back and someone stole his air conditioner
from out of his window, so, he'd like to protect his house somewhat
- needs a few more weeks to cut down more
- some of what some people call "weeds" are actually flowers
Ms. Moermond:
- people can hide in the overgrowth
- pointed out more that needs to be cut
- scanned Mr. Knowles' photos
- will recommend granting an extension to Oct 15, 2013
Referred to the City Council due back on 9/18/2013
Correction Orders
11 RLH CO 13-29 Appeal of Gregory Murphy to a Correction Notice at 1135 DALE STREET
NORTH.
Sponsors: Brendmoen
Inspector gave owner extension for compliance.
Withdrawn
11:30 a.m. Hearings
Orders To Vacate, Condemnations and Revocations
12 RLH VO 13-44 Appeal of Ogheueovoh Gbejeowoh to a Revocation of Fire Certificate of
Occupancy and Order to Vacate at 1148 MAGNOLIA AVENUE EAST.
Sponsors: Bostrom
Laid over so that inspector can go and inspect the interior of the building.
RE: 1148 Magnolia Avenue East (Single Family)
Ogheueovoh Gbejeowoh, tenant, appeared. Fannie May is the owner.
Fire Inspector Leanna Shaff:
- Revocation of Fire Certificate of Occupancy
- received a complaint Jun 6, 2013: gutters falling off; hole dug for window well - not
finished
- Inspector Tonnancour went out Jun 7, 2013 and noted that the C of O also needed
to be completed; he transferred it to the Fire C of O Program
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Legislative Hearings Minutes - Final September 3, 2013
- Inspector Tonnancour was also there Jul 1, Jul 23 and Aug 20; wrote exterior
Orders; unable to gain access to interior
- it's in foreclosure and Carrington Property Services is listed as property manager
- Carrington wrote to apologize for missing the appointment and will check with
Fannie May maintenance people
- things aren't getting done; there's a lot of deferred maintenance
- tenant hadn't been told of inspection so access wasn't allowed on Jul 23
Ms. Moermond:
- it's not incumbent upon the tenant to allow access
Mr. Gbejeowoh:
- he did know that the property was in foreclosure
- he had signed a lease with Fannie May for 1 year on Nov 30, 2012
- about the middle of this year, he saw a card on the door; it said to call a listed man's
name, so he called and said to call back
- he came (inspector) while the Appellant was still in bed; the Appellant had just
wanted him to call back to find out about these things that he had no idea about; the
inspector said he had called but the Appellant didn 't have a message on his phone
nor get a call back
- had he known about those things, he could have done some of them: 1) he could
have moved the car into the garage or onto the street; 2) he could have put on the
back screen; 3) he could have put up the gutters; 4) he could do the roof; 5) he could
put up the house number; 6) he could paint the trim around the window, etc.
- all his plans to move have been for Nov; Fannie Mae's been telling me to move and
they won't do anything
Ms. Moermond:
- sees a couple things that are very important: the folks from the Fire Marshal's
Office will want to come in to make sure the house is safe
- she is not concerned too much about the things on the outside, from a safety
standpoint; only the hole (window well needs to be filled)
- the fuel burning test needs to get done #12
- the Appellant needs to find somewhere to live
- an inspector needs to gain access to identify life safety issues: check furnace;
smoke detectors and CO detectors need to be working
- if the inspector goes in and finds some other kind of problem, we will need to go
from there
- will lay this over for 2 weeks to LH Sep 17, 2013 in order for the inspector to get out
there next week; she will identify the worst problems that need to be addressed
Laid Over to the Legislative Hearings due back on 9/17/2013
1:30 p.m. Hearings
Fire Certificates of Occupancy
13 RLH FCO Appeal of Patricia Palmen to a Correction Notice - Re-Inspection Complaint
13-204 at 1520 ALBANY AVENUE.
Sponsors: Stark
9/4/13: Our office did not notified appellant of date and time for hearing.
Rescheduled to 9/10/13.
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Legislative Hearings Minutes - Final September 3, 2013
9/3/13: No show; deny the appeal.
Laid Over to the Legislative Hearings due back on 9/10/2013
14 RLH FCO Appeal of Kathryn Ramirez to a Re-Inspection Fire Certificate of Occupancy
13-198 With Deficiencies at 351 RAMSEY STREET.
Sponsors: Thune
Inspector need to take photos and owner to provide a work plan.
RE: 351 Ramsey Street (Single Family)
Kathryn Ramirez and Manuel Ramirez, owners, appeared.
Fire Inspector Leanna Shaff:
- Fire Certificate of Occupancy inspection process started Jun 19, 2013; Notice was
sent May 29, 2013
- as of today, there's no compliance on any of the Orders; they expected Orders to be
done within a 90-day window
- inspections were conducted by Inspector Jeremy Hall
- 9 items: mostly painting, exterior scrape and paint, etc.
- no photos
Ms. Ramirez:
- her husband just recently had a heart attack
- they called 2 people for estimates: 1) was so outrageous! (over $10,000); and 2)
the 2nd person never showed up
- her husband can do some of this himself but they haven't been able to get things
together in order to get this accomplished
- the person who is actually supposed to do a lot of the work won't be back until Sep
24
Mr. Ramirez:
- doesn't recall getting a letter Jul 26, 2013
Ms. Moermond:
- some of the things on the list require warmer weather; some of the things can be
done in cooler weather
- we'll try to get the cold weather things taken care of and let the rest wait awhile
Ms. Ramirez:
- has questions about what they need permits for; she knows that #8 requires a
licensed heating contractors (heating, ventilation, warm air) for the heating facility test
Mr. Ramirez:
- they were told they needed a licensed contractor to pull a permit for putting in a post
Ms. Moermond:
- she would feel better after seeing some photos; so, she'll require the inspector to
take pictures to see if the house really needs painting
- wants the Ramirez' to put together a plan with deadlines on how to tackle this list
- the heating test needs to be done pretty soon
- most of the list can be covered by a handyman
- will lay this over for 3 weeks to Sep 24, 2013
- Ms. Vang will send a letter
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Legislative Hearings Minutes - Final September 3, 2013
Laid Over to the Legislative Hearings due back on 9/24/2013
15 RLH FCO Appeal of Doug Ouimet to a Correction Notice-Complaint Inspection at 1467
13-218 SEVENTH STREET EAST.
Sponsors: Bostrom
Grant the appeal.
RE: 1467 Seventh Street East (Multi-Family)
Doug Ouimet, Metro Management, appeared.
Fire Inspector Leanna Shaff:
- Aug 13, the office received a complaint that Unit 111 had an electrical shut-off
- Inspector Thomas responded and wrote Orders to have the electrical service
restored
Mr. Ouimet:
- they have the electric shut-off in between tenants
- 36-Unit building
- the electric shut-off has nothing to do with the heat or the smoke detectors
- Inspector Thomas had written them up for this another year
- someone rented it for Sep 15, 2013; the electric will be turned back on then
- the heat is a zone valve system; the transformers are in the boiler room, not in the
tenants' apartments; the power comes from the house power
Ms. Moermond:
- will grant this appeal; this doesn't affect the other tenants or other units
- if the unit is going to be occupied, it must have electric service
Referred to the City Council due back on 9/18/2013
2:30 p.m. Hearings
Vacant Building Registrations
16 RLH VBR 13-46 Appeal of Donna Sue and Steve Flanders to a Vacant Building Registration
Requirement at 707 EDMUND AVENUE.
Sponsors: Khaliq
Supervisor inspector will do a walk-through of the house to make sure there are no
life safety issues.
Laid Over to the Legislative Hearings due back on 9/17/2013
17 RLH VBR 13-49 Appeal of Truong Mai to a Vacant Building Registration Renewal Notice at
995 ARCADE STREET.
Sponsors: Bostrom
Per Rich Singerhouse, a 90 day extension was given.
Withdrawn
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Legislative Hearings Minutes - Final September 3, 2013
18 RLH VBR 13-50 Appeal of Donald Klemmer to a Vacant Building Registration Notice and
Summary Abatement Order at 1060 AVON STREET NORTH.
Sponsors: Brendmoen
RE: 1060 Avon Street North (Duplex)
Donald Klemmer, owner, appeared.
Inspector Matt Dornfeld, Vacant Buildings:
- opened a Category 2 Vacant Building Aug 21, 2013 per a Condemnation per Ed
Smith
- the gas and electrical service had been shut off by Xcel Energy in Jul; and the
electrical meter had been tampered with at the time
- Mr. Smith notes that there have been several complaints regarding an on-going
scrapping business; parking vehicles on an unapproved surface; a bright flood light
was installed
- Mr. Smith had to re-post the Condemnation placards because someone had hung
an animal hide in front of the placards
- he has spoken with Mr. Klemmer and put him in contact with Kay Wittgenstein
- on his re-inspections, he has not found anyone at the property
- the yard has been maintained and he hasn't noticed any scrapping going on
Ms. Moermond:
- there are 3 Orders in front of her: 1) Vacant Building Registration Fee; 2) Summary
Abatement Order; and 3) Notice of Condemnation/Order to Vacate
- is Mr. Klemmer appealing all 3 of these?
Mr. Dornfeld:
- the animal hide has been removed so Mr. Klemmer is no longer appealing the SA
Order
- enforcement has been stayed on the SA Order
Mr. Klemmer:
- has some fencing material under a blue tarp on the driveway; he doesn't have a
garage (white vinyl picket fencing which has yet to be installed)
- right now, he doesn't have the time or the money to put up the fence; it's being
stored nearly under the tarp in his driveway (Mr. Dornfeld: said he didn't call out the
fencing material or the tarp; it's not included in the SA; it's not been complained
about)
- he has a lot of things going on right now; it probably won't get installed and it isn't a
problem to move the fencing material
Ms. Moermond:
- currently, the fencing is not on the Order; Mr. Klemmer doesn't have to move it but
in the future it may by on an Order and we can figure it out then
- Xcel said that the Appellant was tampering with their service
Mr. Klemmer:
- he has not tampered with the service but someone has (Mr. Dornfeld: they clipped
off the meters)
- his wife of 16 years passed away in Mar 2013; since then, he's been having some
personal struggles; his wife needed several life-supporting machines that required
power 24 hours a day, 7 days a week (power was kept on)
- he had no income and there was a very large Xcel bill; things fell apart and dealing
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Legislative Hearings Minutes - Final September 3, 2013
with Xcel hasn't been good
- he has 5 kids, ages 27-16, and relationships are falling apart with them through the
stress
- he has a disability; he can't work; his wife was a postal worker and she hadn't
worked for 2 years prior to her death because of her illness
- he thinks that part of this stems from a neighbor being upset about a trailer being
parked in front of his house
- he has been trying to make a living doing some scrapping but nothing is being done
at his residence regarding the scrapping
- is in the process of getting approval for SSI because of his back (his Dr. says he
can't work an 8-hour day)
- is has applied for Ramsey County Emergency Assistance
- he contacted Ramsey Action Program; they have no funding until Oct
- he's has always worked since he was a kid; has never had to ask for any
assistance
- he doesn't have a mortgage on the house
- his wife worked part time; she didn't have a pension (was a PDF)
- Xcel bill is $2,500
- he bought the house for his wife and kids because she wanted a place for all of
them to be together
- he needs a place to live, to sleep; the water is still on
- now, he can stay with friends while he does repairs
- he may be able to sell the car that he bought for his wife but he needs a reliable car,
too
- he needs some time; time to maybe sell the car and work something out with Xcel
- his 67 year old mom helps him out with his minor child (abandonment issues) and
financially
- now, the city wants $1400 for VB fee; if he would have had $1400, he would have
paid Xcel
Ms. Moermond:
- different sources may be able to patch together funds to come up with the $2,500
- suggested that Mr. Klemmer go to a local bank; he does have his house as
collateral; establishing a relationship with a band will be a good thing
- the scrapping can't continue; he needs something substantial
- suggested caregiver support groups
- noted that he may not get SSI because he is partially able to do some stuff
- asked about the problem with the neighbors
Mr. Klemmer:
- he had a lot of family at his house when his wife passed away and the neighbor
complained about too many cars being on the street and too much traffic; also, he
complains about an old windmill in his yard - that it's too loud; he has had calls on the
commercial trailers that he owns; also scrapping on the trailer
- the windmill is no squeaking anymore
Ms. Moermond:
- enforcement is stayed while this is under appeal; no one will be forcing anything; it's
all held off until we resolve things here
- wants to strike a deal with Mr. Klemmer on some of this
- his current days are spent dealing with his some, in sadness and in running back
and forth between where he is staying and this house
- she want Mr. Klemmer to meet her half way
- will hold off on the VB registration fee for a while (he may not have to pay it for a
while; perhaps not at all)
- will lay over the VB fee, continue it
City of Saint Paul Page 13
Legislative Hearings Minutes - Final September 3, 2013
- asked that Mr. Klemmer keep the animal hide down
- asked that he keep the yard in good condition as it has been
- asked that the trailer not be kept there; and no scrapping on the property
- let's not have any reason for a neighbor to complain
- wants to see Mr. Klemmer follow up with Kay Wittgenstein again (Mr. Dornfeld: he
just sent Kay another email to get an update of where this is at; he's told her that Mr.
Klemmer is an excellent candidate for whatever possibly could be done; Matt will stay
in the middle of this)
- wants to give him a chance to make some contacts and to work some of this out
with Kay, who does housing social work; works with people in housing crises
- wants to see Mr. Klemmer stay at the house for this next week while some things
are sorted through but she doesn't want the neighbors to "freak out"; let's try to keep
things very quiet
- we will talk in a week
- wants him to talk to a local bank to see if he can get a personal loan; perhaps, his
mother could co-sign (he doesn't have a job but he has a lot of collateral on the
house and the loan would be very small)
- he may want to check into a "reverse mortgage"
- will lay over to Tue, Sep 10, 2013 LH
- Ms. Mai Vang will send a confirmation letter
- Mr. Klemmer can live in the house this next week; remove the placards for now, that
way the Post Office will deliver mail
Mr. Dornfeld:
- he will be in touch with Mr. Klemmer and also Kay Wittgenstein
Laid Over to the Legislative Hearings due back on 9/10/2013
City of Saint Paul Page 14
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, September 3, 2013 9:00 AM Room 330 City Hall & Court House
9:00 a.m. Hearings
Special Tax Assessments
1 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
13-538 No. J1311A, Assessment No. 138530 at 991 HAWTHORNE AVENUE
EAST. (Amended to delete the assessment)
Sponsors: Bostrom
2 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
13-535 No. J1306E1, Assessment No. 138308 at 1741 BUSH AVENUE.
Sponsors: Lantry
3 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
4 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
13-512 No. J1312A, Assessment No. 138535 at 1233 PAYNE AVENUE.
Sponsors: Bostrom
5 RLH TA Deleting the Appealed Special Tax Assessment for Real Estate Project
13-539 No. J1312A, Assessment No. 138535 at 899 CLARK STREET.
Sponsors: Brendmoen
6 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
13-540 No. J1312A, Assessment No. 138535 at 1666 MARYLAND AVENUE
EAST.
Sponsors: Bostrom
11:00 a.m. Hearings
Summary Abatement Orders
7 RLH SAO Appeal of Rebecca Bertini to a Summary Abatement Order at 872
13-38 DULUTH STREET.
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Legislative Hearings Meeting Agenda - Final-revised September 3, 2013
Sponsors: Bostrom
8 RLH SAO Appeal of Channa R. Pittman to a Summary Abatement Order at 817
13-39 MARSHALL AVENUE.
Sponsors: Khaliq
9 RLH SAO Appeal of Daniel Simmer to a Summary Abatement Order and Vehicle
13-37 Abatement Order at 2036 SHERWOOD AVENUE EAST.
Sponsors: Bostrom
10 RLH SAO Appeal of John Knowles to a Summary Abatement Order at 750
13-36 FOURTH STREET EAST.
Sponsors: Lantry
Correction Orders
11 RLH CO Appeal of Gregory Murphy to a Correction Notice at 1135 DALE
13-29 STREET NORTH.
Sponsors: Brendmoen
11:30 a.m. Hearings
Orders To Vacate, Condemnations and Revocations
12 RLH VO Appeal of Ogheueovoh Gbejeowoh to a Revocation of Fire Certificate of
13-44 Occupancy and Order to Vacate at 1148 MAGNOLIA AVENUE EAST.
Sponsors: Bostrom
1:30 p.m. Hearings
Fire Certificates of Occupancy
13 RLH FCO Appeal of Patricia Palmen to a Correction Notice - Re-Inspection
13-204 Complaint at 1520 ALBANY AVENUE.
Sponsors: Stark
14 RLH FCO Appeal of Kathryn Ramirez to a Re-Inspection Fire Certificate of
13-198 Occupancy With Deficiencies at 351 RAMSEY STREET.
Sponsors: Thune
15 RLH FCO Appeal of Doug Ouimet to a Correction Notice-Complaint Inspection at
13-218 1467 SEVENTH STREET EAST.
Sponsors: Bostrom
2:30 p.m. Hearings
Vacant Building Registrations
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Legislative Hearings Meeting Agenda - Final-revised September 3, 2013
16 RLH VBR Appeal of Donna Sue and Steve Flanders to a Vacant Building
13-46 Registration Requirement at 707 EDMUND AVENUE.
Sponsors: Khaliq
17 RLH VBR Appeal of Truong Mai to a Vacant Building Registration Renewal Notice
13-49 at 995 ARCADE STREET.
Sponsors: Bostrom
18 RLH VBR Appeal of Donald Klemmer to a Vacant Building Registration Notice and
13-50 Summary Abatement Order at 1060 AVON STREET NORTH.
Sponsors: Brendmoen
City of Saint Paul Page 3 Printed on 9/11/2013