Legislative Hearings
Regular MeetingSt. Paul, MN · January 7, 2014
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, January 7, 2014 9:00 AM Room 330 City Hall & Court House
9:00 a.m. Hearings
Special Tax Assessments
1 RLH TA 14-2 Ratifying the Appealed Special Tax Assessment for Real Estate Project No .
J1404A, Assessment No. 148503 at 1560 ARLINGTON AVENUE EAST.
Sponsors: Bostrom
Approve the assessment and spread the payments over 5 years.
RE: 1560 Arlington Avenue East (Single Family)
Ajah Petersen, owner, appeared along with a sign language interpreter, Paul Hines.
Inspector Paula Seeley:
- Summary Abatement Order for failure to maintain exterior property indicating
"bushes obstructing alley right-of-way; cut back inside property line"
- Oct 3, 2013, a complaint about tall grass and weeds was received; (the grass was
addressed by owner)
- SA sent Oct 3, 2013; compliance Oct 10; re-checked Oct 11; Work Order sent
- sent to Ajah Petersen, 1560 Arlington; and Occupant
- work done Oct 11, 2013 for a cost of $316 + $160 service charge = $476
- history includes: ongoing Orders for snow/ice; Orders for tall grass & weeds in
addition to other exterior issues
- have had about 8 sets of Orders during 2013 (6 snows; 1 tall grass & weeds; 1
bushes in alley)
- no mail was returned on any of the Orders for the past 8 months
Ms. Petersen:
- she did not receive a Notice about the bushes and of the back yard; no one told her
about the bushes in the alley, just about those around the house
- she only received information about the house and the yard; there was no mention
of the alley
- she doesn't feel that she should be responsible for the charges because she didn't
receive the information
- she did receive the mail; it said to trim the grass, weeds and the bushes around the
house and I cleaned that up; it never said anything about the alley
Ms. Moermond:
- looking at the Order and it says: "Bushed obstructing alley right-of-way; cut back
inside property line"
City of Saint Paul Page 1
Legislative Hearings Minutes - Final January 7, 2014
Ms. Petersen:
- I didn't see anything about the alley; only about around the house
Ms. Moermond:
- there's quite a long history of send you mail and none of it has come back, including
this Order
- she can't agree that there was not proper legal notification; the letter confirms that
Ms. Petersen:
- as a deaf person, I don't read English very well; sign language is my main language;
it's hard for me to understand when I'm reading a letter
Ms. Moermond:
- the tall grass and weeds letters talks about the entire yard
- the letter that talks about the bushes speaks immediately about the alley
- the city does interpret all of the Orders if there's a request to do so; the phone
numbers are on the Orders
- you can call and get an interpreter
Ms. Petersen:
- so, if I call and ask for an interpreter, I can get someone to explain this? (Ms.
Moermond: Yes)
- I don't feel that this is fair to charge this amount
Ms. Moermond:
- will recommend approval of this assessment divided over 5 years
- City Council Public Hearing will be Feb 19, 2014
- suggests that Ms. Petersen go to the CCPH
- Ms. Moermond will make sure that there's a sign language interpreter for her;
please call ahead if you decide not to come
Referred to the City Council due back on 2/19/2014
2 RLH TA 14-12 Ratifying the Appealed Special Tax Assessment for Real Estate Project No .
J1404A, Assessment No. 148503 at 2340 BUFORD AVENUE.
Sponsors: Stark
Reduce the assessment from $448 to $298.
RE: 2340 Buford Avenue (Single Family)
Barbara S. Sibley, owner, appeared.
Inspector Paula Seeley:
- Summary Abatement Order issued Sep 26, 2013; compliance Oct 4; re-checked
Oct 8; Work Order sent
- work done Oct 10, 2013 for a cost of $288 + $160 = $448
- sent to Barbara Sibley, 2340 Buford Ave; and Occupant
- no returned mail
- notes: cut vegetation in the front yard and blvd; bushes growing over and
obstructing the public sidewalk; over 36 inches
- the inspector posted the exact wording from Chapter 105.04 of the code on
Boulevard Plantings
- photos taken Oct 8, 2013
City of Saint Paul Page 2
Legislative Hearings Minutes - Final January 7, 2014
Ms. Sibley:
- she did clear the sidewalk
VIDEO- they cut the obstructing vegetation; took back about 1 foot on either side
Ms. Moermond:
- surprised that the height was not handled; the Order says "Plantings may not
exceed 36 inches in height;" thinks she saw 4 feet
Ms. Sibley:
- she understood that she was to clear the sidewalk
- at the end of each growing season, she cuts it all down
- next year, she will be planting grass on al of the blvd; no more plantings there
Ms. Moermond:
- would like to give some credit for a good faith effort
- will recommend reducing the assessment by $150
- City Council Public Hearing Feb 19, 2014
Referred to the City Council due back on 2/19/2014
3 RLH TA 14-11 Ratifying the Appealed Special Tax Assessment for Real Estate Project No .
J1404A, Assessment No. 148503 at 91 COOK AVENUE WEST.
Sponsors: Brendmoen
Reduce the assessment from $504 to $404.
RE: 91 Cook Avenue West (Single Family)
Ken Thoma, D. F Renovation LLC, owner, appeared.
Inspector Paula Seeley:
- Summary Abatement issued Oct 3, 2013; compliance Oct 8; re-checked Oct 8;
Work Order sent
- work done by Parks Oct 10, 2013 for a cost of $344 + $160 service charge = $504
- sent to D. F. Renovation LLC, 7205 Woodstock Curve, Bloomington, MN
- SA: including removing mattress/box spring, wood furniture and misc refuse on the
boulevard and yard areas
- no returned mail
- photo
Mr. Thoma:
- when he got the Notice, he went over there with a pick-up truck and cleaned up on
the blvd and hauled it away
VIDEO - yard debris, scrap wood, container, underneath decks etc.
Ms. Moermond:
- Mr. Thoma addressed what was on the blvd but not the rest
- the Order says both the blvd and the yard; "on the blvd and in yard areas"
- she can see that he made an effort but there was still a lot to do
- will recommend the assessment be decreased by $100
- suggested Mr. Thoma go to the City Council Public Hearing Feb 19, 2014 if he
wants more of a reduction
Mr. Thoma:
City of Saint Paul Page 3
Legislative Hearings Minutes - Final January 7, 2014
- he spoke with the inspector, who told him it was only the blvd
Ms. Seeley:
- Oct 3 inspector notes, "Spoke to property owner and told him that the hauler service
must be in his name; he said that the tenant was moving out; garbage man said that
renter called and ended service"
- Oct 8 notes: "Refuse off the blvd but around the yard area including the trash
container not licensed with Saint Paul"
- photos
Ms. Moermond:
- the lion's share of the materials was in the yard
- will recommend reducing to $404
Referred to the City Council due back on 2/19/2014
4 RLH TA 14-13 Ratifying the Appealed Special Tax Assessment for Real Estate Project No .
J1404A, Assessment No. 148503 at 581 COOK AVENUE EAST.
Sponsors: Bostrom
No show - approve the assessment.
Referred to the City Council due back on 2/19/2014
5 RLH TA 14-10 Ratifying the Appealed Special Tax Assessment for Real Estate Project No .
J1404A, Assessment No. 148503 at 941 CYPRESS STREET.
Sponsors: Bostrom
STAFF REPORT: Forthcoming on the clean up - need clarification from Rich
Singerhouse on the conversation he had with Appellant ; delete the tall grass and
weeds assessment for $160.
RE: 941 Cypress Street (Single Family)
Vadim Komisarchik appeared.
Inspector Paula Seeley:
- Summary Abatement Order (removal of fire debris, furniture, household items, junk,
glass, wood, car parts, bags of refuse in the yard and driveway; and cut tall grass and
weeds) issued Sep 25, 2013 ; compliance Oct 1; re-checked Oct 7; Work Order sent
- work done Oct 9, 2013 for a cost of $858 + $160 service charge = $1018
- 2 Work Orders: 1) cutting tall grass and weeds; and 2) major clean-up
- it's a Category 1 Vacant Building - fire damaged since Sep 25, 2013; Condemned
and referred by Brian Tonnacour of Fire; combination of fire debris and rubbish from
the people who were moving out
- has photos
Mr. Komisarchik:
- the fire happened and then, they had to move out
- he thinks that, according to the letter he got, the city is over-charging by $160
Ms. Moermond:
- checked it out and took a copy; the letter says: $698 X 1 = $858 (Clean-up=$698;
DSI admin=$120; Real Estate=$35; Attorney=$5)
- double checked the hourly charge
City of Saint Paul Page 4
Legislative Hearings Minutes - Final January 7, 2014
Mr. Komisarchik:
- pictures show the garbage but I was there and my guy cleaned-up the garbage
- the fire damage is not really relevant to this case because he was asked by the city
(VB guy) to clean the outside of the perimeter; they were always in constant
communication with the dept; he notified them as soon as they cleaned-up the
garbage on the exterior
VIDEO - showed furniture, car parts, clothing, junk, broken glass, debris, etc. in yard
and driveway
Mr. Komisarchik:
- he spoke with Rich Singerhouse who told him to clean-up the outside of the yard;
we weren't allowed to touch the inside of the yard because we might get sued by the
tenants
Ms. Moermond:
- The Order say "Remove improperly stored or accumulated refuse including:
garbage, rubbish, discarded furniture, appliances, vehicle parts, scrap wood and
metal, recycling materials, household items, building materials or rubbish, tires,
brush, etc., from yard areas; bags of refuse"
Mr. Komisarchik:
- we weren't allowed to touch the articles inside the yard; some of those looked in
usable condition
Ms. Moermond:
- this is a valid clean-up
Mr. Komisarchik:
- he listened to his attorney's legal advise - don't touch the things inside the fence
- he kept the tenants' items for 28-30 days on purpose so that there wouldn't be any
issues afterwards
- he contacted Rich Singerhouse multiple times about that (you can talk to him about
that)
VIDEO for tall grass and weeds (minor)
Ms. Moermond:
- will recommend the assessment for tall grass and weeds to be deleted
- will talk with Rich Singerhouse via email about what's inside the backyard to see
what he had said
- is inclined to recommend approval of the clean-up assessment unless Mr.
SIngerhouse says that he talked only about the exterior in the front (the Order as it's
written now, in her view, covers the interior of the back yard, as well)
- forthcoming
Laid Over to the Legislative Hearings due back on 1/21/2014
6 RLH TA 14-14 Ratifying the Appealed Special Tax Assessment for Real Estate Project No .
J1404A, Assessment No. 148503 at 1141 DALE STREET.
Sponsors: Brendmoen
No show - approve the assessment.
Referred to the City Council due back on 2/19/2014
City of Saint Paul Page 5
Legislative Hearings Minutes - Final January 7, 2014
7 RLH TA 14-15 Ratifying the Appealed Special Tax Assessment for Real Estate Project No .
J1404A, Assessment No. 148503 at 291 EDMUND AVENUE.
Sponsors: Thao
Reduce the assessment from $320 to $220.
RE: 291 Edmund Avenue (Single Family)
Vincent Tran, older brother of Tuong Tran, appeared.
Inspector Paula Seeley:
- Summary Abatement Order issued for tall grass and weeds Oct 8, 2013;
compliance Oct 12; re-checked Oct 17; Work Order sent
- work done Oct 18, 2013 for a cost of $160 + $160 service charge = $320
- no returned mail
- sent to Tuong Vi Tran, 2545 Edgerton St, Little Canada, MN; Tuong Tran, 475
Cleveland Ave N, Ste 303, St. Paul; and Occupant
VIDEO
Mr. Tran:
- his sister is appealing because they did not receive any Order from the city
- her correct address is the Little Canada address
Ms. Moermond:
- the letter from the city was sent Oct 8 but the crew didn't go out to cut the tall grass
and weeds until Oct 18 (10 days in between); you had at least a week to respond to
those Orders; the city didn't get any mail returned
Mr. Tran:
- did not receive any type of letter from the city; only received the letter about the
hearing about 10 days ago
- there's been no change in ownership
Ms. Seeley:
- there's not a lot of history
- a lot of permits were pulled in 2010; all finaled
Ms. Moermond:
- sees evidence that the Notice was sent
- there was no returned mail
- the mail went to 2 correct addresses
- the property has been maintained; not many Orders have been sent in the past
- the Certificate of Occupancy Inspection Orders have been minor
- VIDEO showed very tall grass and weeds
- will recommend reducing this assessment by $100
Referred to the City Council due back on 2/19/2014
8 RLH TA 14-9 Ratifying the Appealed Special Tax Assessment for Real Estate Project No .
J1404A, Assessment No. 148503 at 466 EDMUND AVENUE.
Sponsors: Thao
Approve the assessment.
City of Saint Paul Page 6
Legislative Hearings Minutes - Final January 7, 2014
RE: 466 Edmund Avenue (Single Family)
Vadim Komisarchik appeared.
Inspector Paula Seeley:
- Summary Abatement Orders sent Oct 10, 2013; compliance Oct 16
- re-checked Oct 16; Work Order sent
- work done Oct 17, 2013 for a cost of $338 + $160 service charge = $498
- no returned mail
- sent to On Time Contractors Real Estate Division LLC, 809 Main St, Hopkins, MN;
and Occupant
- bold letters: including removing the chair with TV in the rear yard that has a free
sign. It is illegal to place items on the city right-of-way blvd or alley "for free;" dispose
of or donate
- photos of free stuff
Mr. Komisarchik:
- they got the letter and the notified the tenant but apparently, she didn't do what she
was supposed to do; she also received the letter
- is hoping the city will reduce the fee because it is extremely high; $498 is a stiff
price for something that takes 5-10 minutes to do
Ms. Moermond:
- the city doesn't want to pick up the garbage in your yard so they are charging you
for every paper clip associated with the clean-up
- she doesn't think that Saint Paul taxpayers should be covering this expense on his
land
- this is the owner's responsibility to make sure that these things are taken care of
- the city can't involve itself in a private lease agreement
Referred to the City Council due back on 2/19/2014
9 RLH TA 14-16 Ratifying the Appealed Special Tax Assessment for Real Estate Project No .
J1404A, Assessment No. 148503 at 1004 EUCLID STREET.
Sponsors: Lantry
No show; approve the assessment.
Referred to the City Council due back on 2/19/2014
10 RLH TA 14-8 Ratifying the Appealed Special Tax Assessment for Real Estate Project No .
J1404A, Assessment No. 148503 at 878 FREMONT AVENUE.
Sponsors: Lantry
Laid over per owner's request.
Laid Over to the Legislative Hearings due back on 1/21/2014
11 RLH TA 14-3 Ratifying the Appealed Special Tax Assessment for Real Estate Project No .
J1403A, Assessment No. 148502 at 99 GERANIUM AVENUE WEST.
Sponsors: Brendmoen
Approve the assessment.
City of Saint Paul Page 7
Legislative Hearings Minutes - Final January 7, 2014
RE: 99 Geranium Avenue West (Single Family)
Tim Hansen, Heartland Credit Union, appeared.
Mr. Hansen:
- they had held the mortgage for the owner of this property, which recently went
through the foreclosure process
Inspector Paula Seeley:
- clean-up
- Summary Abatement Order Aug 22, 2013; compliance Aug 30
- re-checked Aug 30; Work Order sent
- work done Sep 3 for a cost of $496 + $160 service charge = $656
- sent to Lisa Cortez, 15584 Empress Ave N, Unit 7, Hugo; and Occupant
- SA: rubbish; tall grass and weeds; and All windows and doors will be boarded after
8-30-13
- no returned mail
- breakdown of charges: clean-up $336; cut grass/weeds $160; DSI service charge
$160
- Category 2 Vacant Building referred from Fire Certificate of Occupancy ; filed
opened Aug 6, 2013
- property ownership updated by Ramsey County Taxation on Dec 21, 2013 after the
fact to Heartland Credit Union, 500 Main Street, Ste 100, New Brighton, MN
Mr. Hansen:
- his main concern is the Registered Vacant Building fee , not the clean-up; he is not
disputing the clean-up fee
- sheriff's sale Jun 6, 2013; redemption period until Dec 6, 2013
- until Dec 6, the Credit Union didn't have access to the property; they didn't receive
the Notices
- from Jun 6, they had a 3rd party doing inspections on the property for them
- the inspection reports indicate that through Aug 14, 2013, the property was
occupied; there were tenants
- is curious if the VB fee can be prorated
Ms. Moermond:
- VIDEO on the clean-up
- VIDEO on tall grass and weeds
Mr. Hansen:
- they have records showing that someone was living in the house up until, at least,
Aug 14, 2013
Ms. Seeley:
- sees a comment in the record from Aug 1, 2013: "went to property; enforced
Vacate; tenant was under the understanding that he could stay until Dec 13, 2013;
re-inspected, 3 deficiencies abated; reviewed file again with A. J. Neis; reviewed
minutes from Appeals Court; called tenant back and explained to the tenant that he
had to Vacate today"
Ms. Moermond:
- questioned whether there was an Order that led to it being called a VB
Ms. Vicki Sheffer:
- Jun 20, 2013, it was Revoked/Condemned; is not referred to the Vacant Building
Program until Aug 6, 2013; there was no previous VB file
City of Saint Paul Page 8
Legislative Hearings Minutes - Final January 7, 2014
- first Revocation letter was dated May 24, 2013; it listed deficiencies: 1) provide a
fuel burning equipment safety test; 2) smoke detector affidavit; and 3) allow the
inspector to gain access and inspect the building
- there were several appointment letters
- the last Revocation letter was dated Jun 20, 2013; it had 14 items on the deficiency
list (exterior garage; screens missing; interior basement-mold and mildew; floor tile in
kitchen; extension cords, ceiling in bedroom; smoke detector affidavit; smoke
detectors outside sleeping areas; and fuel burning equipment safety test)
- there is no Code Compliance Inspection Report
- there is a TISH Report, Dec 27, 2013; it notes that the building is a Cat 2 Registered
VB
Ms. Moermond:
- so on Jun 20, 2013, the city Condemned and Ordered Vacated and 6 weeks later or
so, DSI staff and Fire Inspections, who did the Condemnation sent the building over
to the VB Program because the Corrections hadn't been taken care of
- sounds like Lisa Cortez put tenants back into the building after it was Condemned
Mr. Hansen:
- they didn't know that she was renting it out
- Dec 6, 2013, they had representatives out there with their realtor; the home is
already on the market
- things were left in the house; they hired a company to clean it up to be sold
Ms. Moermond:
- will recommend approval of the clean-up, tall grass and weeds assessment
- re the Vacant Building regulations: when a building is Condemned or has it's
Certificate of Occupancy Revoked (this C of O was Revoked and the only
Condemnable condition was that the gas got shut-off; the other deficiencies are
things that can be repaired or remedied but there's been long-term noncompliance);
once the place is empty, the city would give it 6 weeks and then send the file to the
VB Program and it would show up as a Category 2 VB, which means that when it's
sold, you have to have a Code Compliance Inspection, disclosing what the problems
are (here, we don't have one); you have the Truth in Sale of Housing Report (TISH),
which does disclose to a potential buyer that it is a Cat 2 VB; allowing access to the
building is problematic
- she wants to make this as easy as she can to get this building fixed; wants to create
an incentive to get it fixed sooner
- will Lay this VB assessment Over for 2 weeks to get a report from Fire Inspectors to
determine whether or not a Code Compliance Inspection is needed
Referred to the City Council due back on 1/15/2014
12 RLH TA 14-21 Ratifying the Appealed Special Tax Assessment for Real Estate Project No .
VB1404, Assessment No. 148803 at 99 GERANIUM AVENUE WEST.
Sponsors: Brendmoen
Laid over to get Fire Inspection staff information on the interior condition of the
building.
RE: 99 Geranium Avenue West (Single Family)
Tim Hansen, Heartland Credit Union, appeared.
Mr. Hansen:
- they had held the mortgage for the owner of this property, which recently went
City of Saint Paul Page 9
Legislative Hearings Minutes - Final January 7, 2014
through the foreclosure process
Inspector Paula Seeley:
- clean-up
- Summary Abatement Order Aug 22, 2013; compliance Aug 30
- re-checked Aug 30; Work Order sent
- work done Sep 3 for a cost of $496 + $160 service charge = $656
- sent to Lisa Cortez, 15584 Empress Ave N, Unit 7, Hugo; and Occupant
- SA: rubbish; tall grass and weeds; and All windows and doors will be boarded after
8-30-13
- no returned mail
- breakdown of charges: clean-up $336; cut grass/weeds $160; DSI service charge
$160
- Category 2 Vacant Building referred from Fire Certificate of Occupancy ; filed
opened Aug 6, 2013
- property ownership updated by Ramsey County Taxation on Dec 21, 2013 after the
fact to Heartland Credit Union, 500 Main Street, Ste 100, New Brighton, MN
Mr. Hansen:
- his main concern is the Registered Vacant Building fee , not the clean-up; he is not
disputing the clean-up fee
- sheriff's sale Jun 6, 2013; redemption period until Dec 6, 2013
- until Dec 6, the Credit Union didn't have access to the property; they didn't receive
the Notices
- from Jun 6, they had a 3rd party doing inspections on the property for them
- the inspection reports indicate that through Aug 14, 2013, the property was
occupied; there were tenants
- is curious if the VB fee can be prorated
Ms. Moermond:
- VIDEO on the clean-up
- VIDEO on tall grass and weeds
Mr. Hansen:
- they have records showing that someone was living in the house up until, at least,
Aug 14, 2013
Ms. Seeley:
- sees a comment in the record from Aug 1, 2013: "went to property; enforced
Vacate; tenant was under the understanding that he could stay until Dec 13, 2013;
re-inspected, 3 deficiencies abated; reviewed file again with A. J. Neis; reviewed
minutes from Appeals Court; called tenant back and explained to the tenant that he
had to Vacate today"
Ms. Moermond:
- questioned whether there was an Order that led to it being called a VB
Ms. Vicki Sheffer:
- Jun 20, 2013, it was Revoked/Condemned; is not referred to the Vacant Building
Program until Aug 6, 2013; there was no previous VB file
- first Revocation letter was dated May 24, 2013; it listed deficiencies: 1) provide a
fuel burning equipment safety test; 2) smoke detector affidavit; and 3) allow the
inspector to gain access and inspect the building
- there were several appointment letters
- the last Revocation letter was dated Jun 20, 2013; it had 14 items on the deficiency
list (exterior garage; screens missing; interior basement-mold and mildew; floor tile in
City of Saint Paul Page 10
Legislative Hearings Minutes - Final January 7, 2014
kitchen; extension cords, ceiling in bedroom; smoke detector affidavit; smoke
detectors outside sleeping areas; and fuel burning equipment safety test)
- there is no Code Compliance Inspection Report
- there is a TISH Report, Dec 27, 2013; it notes that the building is a Cat 2 Registered
VB
Ms. Moermond:
- so on Jun 20, 2013, the city Condemned and Ordered Vacated and 6 weeks later or
so, DSI staff and Fire Inspections, who did the Condemnation sent the building over
to the VB Program because the Corrections hadn't been taken care of
- sounds like Lisa Cortez put tenants back into the building after it was Condemned
Mr. Hansen:
- they didn't know that she was renting it out
- Dec 6, 2013, they had representatives out there with their realtor; the home is
already on the market
- things were left in the house; they hired a company to clean it up to be sold
Ms. Moermond:
- will recommend approval of the clean-up, tall grass and weeds assessment
- re the Vacant Building regulations: when a building is Condemned or has it's
Certificate of Occupancy Revoked (this C of O was Revoked and the only
Condemnable condition was that the gas got shut-off; the other deficiencies are
things that can be repaired or remedied but there's been long-term noncompliance);
once the place is empty, the city would give it 6 weeks and then send the file to the
VB Program and it would show up as a Category 2 VB, which means that when it's
sold, you have to have a Code Compliance Inspection, disclosing what the problems
are (here, we don't have one); you have the Truth in Sale of Housing Report (TISH),
which does disclose to a potential buyer that it is a Cat 2 VB; allowing access to the
building is problematic
- she wants to make this as easy as she can to get this building fixed; wants to create
an incentive to get it fixed sooner
- will Lay this VB assessment Over for 2 weeks to get a report from Fire Inspectors to
determine whether or not a Code Compliance Inspection is needed
Laid Over to the Legislative Hearings due back on 1/21/2014
13 RLH TA 14-19 Ratifying the Appealed Special Tax Assessment for Real Estate Project No .
J1404A, Assessment No. 148503 at 226 GROTTO STREET NORTH.
Sponsors: Thao
Rescheduled per owner's request.
Laid Over to the Legislative Hearings due back on 1/21/2014
14 RLH TA 14-4 Ratifying the Appealed Special Tax Assessment for Real Estate Project No .
J1404G, Assessment No. 148703 at 1171 LAWSON AVENUE EAST.
Sponsors: Bostrom
No show; approve the assessment.
Referred to the City Council due back on 2/19/2014
15 RLH TA 14-6 Ratifying the Appealed Special Tax Assessment for Real Estate Project No .
J1404A, Assessment No. 148503 at 1152 MARION STREET.
City of Saint Paul Page 11
Legislative Hearings Minutes - Final January 7, 2014
Sponsors: Brendmoen
Rescheduled per Margaret Uriah's request.
Laid Over to the Legislative Hearings due back on 1/21/2014
16 RLH TA 14-17 Ratifying the Appealed Special Tax Assessment for Real Estate Project No .
J1404A, Assessment No. 148503 at 955 MINNEHAHA AVENUE WEST.
Sponsors: Thao
Reccommend assessment be decreased by half as a good faith effort was made to
address the dumping, but not the tall grass.
Forthcoming. Owner to get police report to inspector for review.
RE: 955 Minnehaha Avenue West (Church/Synagogue/Temple)
Julie Fedyk, Director of Day Care, Al Ihsan Islamic Center Inc, appeared.
Inspector Paula Seeley:
- Summary Abatement Order to remove a mattress on Chatsworth blvd ; cut tall grass
and weeds on the property -commercial bldg, Minnehaha Shopping Center; cut tall
grass and weeds on Chatsworth blvd from Englewood up to but not including auto
repair at 975 Minnehaha Ave; cut 1 more swath inside public sidewalk along
Chatsworth; cut tall grass south of building between 955 and 975 Minnehaha Ave
- Orders sent Oct 9, 2013; compliance Oct 17; re-check Oct 17 - mattress was gone
but now there is a tire and litter on Chatsworth blvd, grass over 8" on Chatsworth
blvd; rank plant growth over 8" on hill between Chatsworth public sidewalk and
building; and south of building between 955 Minnehaha and 975 Minnehaha; Work
Order sent
- work done Oct 24, 2013 for a cost of $188 + $160 service charge = $348
- no returned mail
- sent to Al Ihsan Islamic Center Inc and Occupant at 959 Minnehaha Ave W; and
689 Dale St N
Ms. Fedyk:
- the Day Care is not responsible for any of this but they are not appealing the cutting
of the grass because she thinks that they didn't understand that that was their
responsibility and their property
- she is appealing the mattress, tires (several times during the summer, they had
people just dumping stuff in their parking lot)
- they called the police and they made a report but nothing happened
- they called the city who said that they couldn't do anything about it
- so, it cost them several hundred dollars to have those things picked up and
removed and there doesn't seem to be anything they can do about it
- she is here because she needs to tell someone that this (dumping) keeps
happening to them; none of that was theirs and yet they are responsible
- they even found the names of people who dumped it; the Police Report has their
name
Ms. Moermond:
- asked to have the Police Report checked (Ms. Seeley said that without a date, it
would be very difficult for her to get a Police Report)
- asked Ms. Fedyk to take a business card and email in the date
- when she looks at the photos of the space, it doesn't look well maintained; there's
City of Saint Paul Page 12
Legislative Hearings Minutes - Final January 7, 2014
tall grass and weeds coming up through the black top and she sees beer bottles in
the grass
Ms. Fedyk:
- that's from the auto people and other auto people from the other side
- she is an advocate for their Day Care and it's been an issue; she is training the
people to pick up their garbage; the children go through the parking lot once a month
and pick up the garbage that's left there
- they had breakfast, lunch and dinner there for the children
- it's really hard to train everyone
- this is part of the old Minnehaha Mall, connected to the Mosque
Ms. Moermond:
- the best advice she can give is to be proactive; if the exterior isn't maintained well, it
kind of draws dumping
- motion lighting; fake cameras or real cameras (Ms. Fedyk: they did put in a real
camera)
- signs that say, "No Dumping" "Under Surveillance"
- she will track down the Police Report (find names)
Ms. Seeley:
- you can call 266-8989 to tell them that you were illegally dumped on; give them the
name of the person who dumped from what you've found and Ms. Seeley will go out
and make sure they have trash service because the majority of time, those people
don't have trash service
Ms. Moermond:
- recommendation is forthcoming
Referred to the City Council due back on 2/19/2014
17 RLH TA 14-5 Ratifying the Appealed Special Tax Assessment for Real Estate Project No .
VB1404, Assessment No. 148803 at 1166 ROSS AVENUE.
Sponsors: Bostrom
Delete the assessment per Steve Magner; building was razed by owner.
Referred to the City Council due back on 2/19/2014
18 RLH TA 13-739 Ratifying the Appealed Special Tax Assessment for Real Estate Project No .
J1403A, Assessment No. 148502 at 683 SHERBURNE AVENUE.
Sponsors: Thao
Approve the assessment. (DSI staff to provide breakdown of costs to Appellant.)
RE: 683 Sherburne Avenue (Multi-Family)
Luke Shields, Advanced Disposal, appeared with Ken Hertz, attorney, representing
Bee Vee LLC
Inspector Paula Seeley:
- Summary Abatement Order sent Sep 19, 2013; compliance Sep 23
- re-checked Sep 23; Work Order sent
- work done Sep 24 for a cost of $392 + $160 service charge = $552
- no returned mail
City of Saint Paul Page 13
Legislative Hearings Minutes - Final January 7, 2014
- comments: provide garbage service; noted that there was an insufficient number of
cans available; trash was scattered on the ground
- re-inspector Oct 1, 2013 and a 2-yard dumpster was present
- sent to Bee Vee LLC, 3853 Central Ave NE, Columbia Heights MN; and Bee Vee,
21301 Furman St NE, Wyoming MN
- has photos of mattresses; overflowing dumpsters and garbage all over the ground
Mr. Hertz:
- Bee Vee LLC purchased the property from Bee Vue, previous owner, on Jul 29,
2013
- Mr. Hertz, is Bee Vee LLC's attorney
- the partners of Bee Vee LLC do not include Bee Vue
- the contact person is Mary Durkop, manager of the property
- new owners purchased it in Jul and used Coolidge Trash Service ; then made
arrangements with Mr. Shields for Advanced Disposal taking over
- contracts were put into place with the same number of containers as before
- he thinks that there was trash lying around in the interim when the new service was
replacing the previous service
- their containers were placed Sep 18, 2013
- he thinks that when the previous company came to take the dumpsters, they just
didn't remove all the garbage
VIDEO
Mr. Shields:
- on the contract, they ordered two 2-yard containers; 683 and 685 were the
addresses; there's 2 buildings; the second 2-yard container was placed on the other
side of that building; the tenants continued to use that area, so they had enough
service but they didn't know that the container was on the other side of the building
for that week
- pick up day is Wed
- when they realized the confusion, they put both containers in the same place; and
more recently, changed to a 4-yard dumpster
Ms. Moermond:
- about the timing: Advanced Disposal drops off containers Sep 18; city got a
complaint and issued Orders Sep 19; compliance date was Sep 23 and the city
cleaned it up on Tue, Sep 24 and Advanced Disposal pick-up day was Sep 25
- proper notification was given to the owner of record
- raw garbage was the complaint
- will recommend approval
- Mr. Shields requested a copy of a breakdown of the charges
- City Council Public Hearing Jan 15, 2014
Referred to the City Council due back on 1/15/2014
19 RLH TA 14-18 Ratifying the Appealed Special Tax Assessment for Real Estate Project No .
J1404A, Assessment No. 148503 at 678 THOMAS AVENUE.
Sponsors: Thao
Approve the assessment.
RE: 678 Thomas Avenue (Duplex)
Philip Black appeared.
City of Saint Paul Page 14
Legislative Hearings Minutes - Final January 7, 2014
Inspector Paula Seeley:
- Summary Abatement Order dated Sep 26, 2013; compliance Oct 3; re-checked Oct
3; Work Order sent
- work done Oct 7, 2013 for a cost of $414 + $160 service charge = $574
- no returned mail
- sent to Skoogle Inc., 28800 Linden Ave, Lindstrom MN; and Guardian Property
Management, 708 Cleveland Ave SW, Ste 160, New Brighton, MN
- including carpet, refuse west side of garage near alley
VIDEO - carpet, debris, mattresses, near alley; bags of trash, full containers, chair,
etc.
Mr. Black:
- he received 1 Notice that said to get rid of stuff near the garage and furniture in front
of the garage; and some garbage; doesn't know if there are 2 Notices
- he took care of it
- he talked to the inspector, who said that he didn't do a good enough job trimming
the bushes; the piles of bushes were going to be picked up an hour later
Ms. Seeley:
- there are 2 different Orders: 1) Sep 26, 2013; and 2) Inspector Skally was out there
on brush obstructing the sidewalk and mattresses in alley on Oct 17 (an Excessive
Consumption letter was sent at that time for not being in compliance)
- there a previous Order from Aug 8, 2013
- 3 times on tall grass and weeds complaint
Ms. Moermond:
- the Order in question (Sep 26) says to "Remove improperly stored or accumulated
refuse including: garbage, rubbish, discarded furniture, appliances, vehicle parts,
scrap wood and metal, recycling materials, household items, building materials or
rubble, tires, brush, etc. from yard areas, INCLUDING: carpet/refuse west of garage
near alley."
- that covers everything
- there was no returned mail
- the Order was sent to him secondhand from the owner; owner will get the bill
- will recommend approval of this assessment
Referred to the City Council due back on 2/19/2014
20 RLH TA 14-7 Ratifying the Appealed Special Tax Assessment for Real Estate Project No .
J1404A, Assessment No. 148503 at 767 UNIVERSITY AVENUE WEST.
Sponsors: Thao
Delete the assessment per DSI recommendation due to no photos and no language
in Summary Abatement Order. (No hearing necessary)
Referred to the City Council due back on 2/19/2014
21 RLH TA 14-22 Ratifying the Appealed Special Tax Assessment for Real Estate Project No .
J1404A, Assessment No. 148503 at 699 VAN BUREN AVENUE.
Sponsors: Thao
Reduce the assessment from $448 to $200.
RE: 699 Van Buren Avenue (Single Family)
City of Saint Paul Page 15
Legislative Hearings Minutes - Final January 7, 2014
Keith Malmer, Jaguar Capital LLC, owner, appeared.
Inspector Paula Seeley:
- Summary Abatement Order issued Oct 16, 2013; compliance Oct 21; re-checked
Oct 22; Work Order sent
- work done Oct 24 for a cost of $288 + $160 service charge = $448
- no returned mail
- sent to Jaguar Capital LLC, 8511 Carriage Hill Rd, Savage MN; and Jaguar Capital,
c/o Keith Malmer, 523 Quinmer Ave N, Lakeland MN
- SA: including piles of clothing, papers, cardboard, couches, box spring, misc refuse
on the ground north of the garage; children's swimming pool
Mr. Malmer:
- is appealing because they didn't get those Notices
- is not sure what the city cleaned-up
- he was working with inspections; there were some belongings in the garage that
inspections wanted removed
- his partner is the Savage address
Ms. Moermond:
- printed out the Orders that were sent
VIDEO - picked up loose and scattered on the apron; pile of clothing; junk scattered
Mr. Malmer:
- that didn't look like much
- what he thinks happened: a tenant wanted to move in but before she was able to
be transferred from Mpls Section 8 Public Housing to Saint Paul, she needed a place
to store some of her belongings; he let her store them in the garage; she then
decided not to move in because the rent they wanted was more than what she
vouchered for; so, he was stuck with her property in his garage and working with
inspections, who wanted it removed - especially, the box spring and mattress; when
the new tenant eventually moved in, she wanted to use the garage; so, they needed
to get rid of the previous potential tenant's belongings, who had come and rifled thru
her stuff and took the valuable things but left the rest; he allowed the new tenant to
use what she wanted from what had been left and to use the garage; she was going
to dispose of what she didn't want of the other person's belongings
- he talked with the new tenant about what was left; the tenant told him that she hired
a guy to haul it away; he took the money, hauled some of the stuff away and
promised to come back for the rest but didn't
Ms. Seeley:
- inspector noted on Oct 11, 2013: remove all furniture from the garage and secure
the garage
- no city crew went into the garage to remove things
Ms. Moermond:
- a good faith effort was made to address this issue
- will recommend reducing this assessment to $200 based on the video
- the Real Estate Office will send out a bill to the Savage address
Referred to the City Council due back on 2/19/2014
22 RLH TA 14-23 Ratifying the Appealed Special Tax Assessment for Real Estate Project No .
J1404A, Assessment No. 148503 at 419 SHERBURNE AVENUE.
Sponsors: Thao
City of Saint Paul Page 16
Legislative Hearings Minutes - Final January 7, 2014
Delete the assessment due to returned mail.
RE: 419 Sherburne Avenue (Single Family)
Moises Romo, owner and occupant, appeared.
Inspector Paula Seeley:
- Summary Abatement Order issued Sep 27, 2013; compliance Oct 3; re-checked
Oct 3; Work Order sent
- indicated: including removing scrap wood along the rear of the house and on west
side of garage and yard waste
- work done Oct 7, 2013 for a cost of $364 + $160 service charge = $524
- sent to owner, 419 Sherburne Ave; Kyle Kohlberg, 745 Crystal Lake Rd E,
Burnsville; and occupant
- there was returned mail Oct 7 from 419 Sherburne
Ms. Moermond:
- there was returned mail
- will recommend deleting this assessment
Referred to the City Council due back on 2/19/2014
23 RLH TA 14-24 Ratifying the Appealed Special Tax Assessment for Real Estate Project No .
J1404A, Assessment No. 148503 at 1021 SIMS AVENUE.
Sponsors: Bostrom
Delete the assessment since Ramsey County didn't have their records updated.
RE: 1021 Sims Avenue (Duplex)
Darrell Lewis, DE Lewis Companies LLC, owner, appeared.
Inspector Paula Seeley:
- Summary Abatement Order issued Oct 14, 2013; compliance Oct 18; was a
pre-authorized Work Order
- Work done for a cost of $366 + $160 service charge = $526
- no returned mail
- sent to Buy Rite Companies LLC, 2515 White Bear Ave N, Ste 121, St. Paul; Buy
Rite Companies LLC, 708 Cleveland Ave N, Ste 116, New Brighton
- indicated large pile of rubbish on garage apron
- she was the inspector
Mr. Lewis:
- he is not Buy Rite Properties
- he is DE Lewis Properties LLC; he bought it from Buy Rite on Jul 2, 2013 (Contract
for Deed)
- it was registered with the county; working through Midwest Guarantee Title
- he did not get those Notices; everything was going to Buy Rite and Mr. Alan
Peterson, owner of Buy Rite, would contact him; he emailed Mr. Lewis on the 17th
about this; his son said that he cleaned some of the stuff up; when he got back into
town, he drove by and noticed that everything was cleaned up on the 20th
Ms. Moermond:
- looks like the county didn't get their records updated quickly enough
- will recommend this assessment be deleted
City of Saint Paul Page 17
Legislative Hearings Minutes - Final January 7, 2014
Referred to the City Council due back on 2/19/2014
Special Tax Assessment Rolls
24 RLH AR 13-127 Ratifying Collection of Vacant Building fees billed September 10, 2012 to
August 21, 2013. (File No. VB1404, Assessment No. 148803)
Sponsors: Lantry
Referred to the City Council due back on 2/19/2014
25 RLH AR 13-128 Ratifying Property Clean Up services during October 2 to October 31, 2013.
(File No. J1404A, Assessment No. 148503)
Sponsors: Lantry
Referred to the City Council due back on 2/19/2014
26 RLH AR 13-129 Ratifying Trash Hauling services during October 3 to October 30, 2013. (File
No. J1404G, Assessment No. 148703)
Sponsors: Lantry
Referred to the City Council due back on 2/19/2014
27 RLH AR 13-130 Ratifying Graffiti Removal services during October 8 to October 12, 2013.
(File No. J1404P, Assessment No. 148403)
Sponsors: Lantry
Referred to the City Council due back on 2/19/2014
11:00 a.m. Hearings
Summary Abatement Orders
28 RLH SAO 14-1 Appeal of Margarita Garcia to a Summary Abatement Order at 641
BEDFORD STREET.
Sponsors: Brendmoen
Grant the appeal on the Summary Abatement Order. Approve the Excessive
Consumption fee of $120 but will let it go through as a tax assessment. DSI staff to
delay another 30 days before sending bill to Real Estate Office.
RE: 641 Bedford Street (Single Family)
Margarita Garcia, co-owner with Salvador Duran Mondragon, appeared. (Laura
Carroll interpreted.)
Inspector Paula Seeley:
- Summary Abatement Order issued Dec 17, 2013 - indicated: tire, table, chair, air
conditioner, sink, bags of cans in the yard, rubbish in trailer in driveway; Compliance
Dec 23
- Ms. Garcia filled her appeal
City of Saint Paul Page 18
Legislative Hearings Minutes - Final January 7, 2014
- Ms. Seeley issued an Excessive Consumption fee for a multiple on Dec 17, 2013
also due to sending them 2 previous Summary Abatements in Nov 2013
- complaint came in from the City Council about an illegal car business; she was out
there Nov 20, 2013 and ran 7 different plates in the driveway; none belonged to this
address; she believes that there is an illegal car business going on here, maybe
working on repairs, unless Ms. Garcia can provide her with the names of all the car
owners
Ms. Moermond:
- questioned if any of these vehicles were in a condition that would justify a Vehicle
Abatement Order?
Ms. Seeley:
- maybe 1 or 2 and they took care of them
Ms. Moermond:
- she cannot concern herself with the illegal business here; that's documentation for a
licensing action
- she will concern herself today with the Summary Abatement Order and the
Excessive Consumption Order
Ms. Garcia:
- about the cars - her nephew went to Mexico and he left them in charge of the cars
at the house
- she had a friend who didn't have an apartment and asked if she could store her all
of her things at their house; after it was there for a day, it snowed and then, they
couldn't get rid of everything
- now, it's cleaned
Ms. Moermond:
- will recommend that this appeal be granted because the work was completed during
the stay of enforcement
- the Excessive Consumption fee is because there have been 3 Orders within 12
months
- when an inspector gets called out because someone has complained about a
situation, and the city has had 3 founded complaints within a year, the city would
charge an Excessive Consumption fee (too many inspector visits for 1 property)
- will recommend approval of the EC fee
- because this was under appeal, she will ask DSI if they could grant an extra month
for payment of this bill before it gets processed as an assessment
Ms. Seeley:
- Connie sends these bills over to Tanya when they are ready to go ; she just sent a
few months' worth about 1 month ago; believes that Connie sends them over
quarterly
Ms. Moermond:
- if the Excessive Consumption fee gets paid based on this bill, it's just for that
amount - $120; if we wait to pay the bill and it gets sent forth to be put onto the taxes
because it wasn't paid, there will be fees attached to it that are greater than the size
of the bill, ($150 service charge); so, you want to get the bill paid before those extra
fees get attached
- she wants to give Ms. Garcia an extra month to pay the $120 bill beyond what they
would otherwise give her (she will call DSI to communicate that to them)
- added that if someone is repairing vehicles at her property, that is against the law;
you can repair your own vehicle there but you can't run any kind of a business there;
City of Saint Paul Page 19
Legislative Hearings Minutes - Final January 7, 2014
he can't repair other peoples' cars there; if car repair is going on there, it has to end
because enforcement people will be looking into it; suggested that she take care of
that immediately
Referred to the City Council due back on 2/5/2014
11:30 a.m. Hearings
Orders To Vacate, Condemnations and Revocations
29 RLH VO 14-1 Appeal of David Leventhal, Cecil's Delicatessen, to a Revocation of Fire
Certificate of Occupancy and Order to Vacate at 651 CLEVELAND AVENUE
SOUTH.
Sponsors: Tolbert
Grant the appeal on the revocation and order to vacate; deny the appeal on the
occupancy load of 80 until the front swing of door is in compliance.
RE: 651 Cleveland Avenue South - Cecil's - (C-Restaurant)
Brad Hall appeared on behalf of David Leventhal.
Fire Inspector Leanna Shaff:
- Fire Certificate of Occupancy Revocation / Order to Vacate
- they didn't make the extended deadline that been decided by the Council, for the
work that was supposed to be done - changing the door swing in the vestibule, etc.
- permit is currently open
- Inspector Skow-Fiske says, "Work shall be finaled and approved under permit; until
permit has been finaled and approved, the occupant load shall be 49."
- Code: when there's one exit, occupancy is less than 50
Mr. Hall:
- asked for an extension until the weather gets a little better
- he originally sent a letter to Ms. Skow-Fiske asking for an extension until better
weather to open up the wall and put in a new vestibule but she declined
- they had a posted occupancy of 80, which was recently brought down to 49; they
want to bring that up to 80 again
- the chairs are in the basement; there still are tables for 49 up there
- he had originally asked for an extension sometime after April 2014
Ms. Moermond:
- the original deadline was the end of 2012
- ran a copy of the original resolution for Mr. Hall
- the first set of items had to do with increasing the occupancy to 75
- the item to get occupancy up to 80 was to change the foyer and the swing of the
door
- if a sprinkler were installed (not required), occupancy could be increased to 85
Mr. Hall:
- no work has been done on the entry vestibule
- glass work was completed about 3 weeks ago
- permits were issued by the city on the 12th
- exiting is the same as it has been since the 40s: through the kitchen to the back
door; the back was changed 5 years ago: a screen door swing
City of Saint Paul Page 20
Legislative Hearings Minutes - Final January 7, 2014
Ms. Moermond:
- will recommend granting the appeal on the Revocation/ Order to Vacate
- will recommend denying the appeal on the occupancy load of 80 (remains at 49)
until the front door is taken care of
- until the permit is finaled, the front exit is compromised
- there's no deadline; when you get that permit closed and finaled, the occupancy
load can go back up to 80
- can ask the City Council about it next Wed Jan 15, 2014 Public Hearing
Referred to the City Council due back on 1/15/2014
1:30 p.m. Hearings
Correction Orders
30 RLH CO 13-34 Appeal of Robin Magee to a Correction Notice at 466 MARSHALL AVENUE.
Sponsors: Thao
Last request for rescheduling.
Referred to the City Council due back on 1/15/2014
31 RLH FCO 14-1 Appeal of Steven Ambli, Lift Pro, to a Fire Inspection Correction Notice at
2554 COMO AVENUE.
Sponsors: Stark
Grant until March 3, 2014 to reduce the storage height of all stored materials to 12
feet high or less in Unit 7.
RE: 2554 Como Avenue (General Retail & Service-B-Commercial)
Steven Ambli, Lift Pro-Unit 7, appeared.
Fire Inspector A.J. Neis:
-Fire Certificate of Occupancy Correction Notice Dec 17, 2013
-this building has had appeals before; however, an appeal for this unit is new
-appealed is “to reduce and maintain a storage height of 12 feet or less; reduce the
aisle stacks of pallets to 6 feet high or less”
-Fire Code: “Combustible storage in a nondiscript building cannot be higher than 12
feet” and due to the extreme fire hazard of pallets, “can be no higher than 6 feet”
-inspector tried to take photos; however, the tenant refused him permission to take
photos at the time of the inspection
-the inspector’s notes do not say how high the storage is—just that it needs to be
reduced
-Mr. Neis was in the building a few years ago; and the ceilings are quite high, so the
stacks could easily be over 12 feet high
Mr. Ambli:
-is looking for a possible compromise or to allow the storage to remain as is
-he brought along photographs; his warehouse person held a 12 foot plank set up
against the stacks
-south warehouse and north warehouse are separated by a path and a fire wall
-south warehouse stores wire rope, associated parts and a work space
City of Saint Paul Page 21
Legislative Hearings Minutes - Final January 7, 2014
-north warehouse stores synthetics, mainly cordage and webbing, used for industrial
application for making lifting slings
Mr. Neis and Ms. Moermond viewed the photos as Mr. Ambli explained
Mr. Ambli:
-the top level is approximately 15 feet high; their forklift can go up only 15 feet plus a
fraction
-there’s a peeked portion of 25-30 feet
Mr. Neis:
-you also can’t have any storage within 24 inches from the roof structure, either
-there are noncombustible items on combustible pallets
-the inspector wrote only one of the Orders, to reduce it to below 12 inches because
that would also make it in compliance with the 24 inch minimum from the ceiling
Mr. Ambli:
-the storage racks are backed to the wall but not affixed to the wall
-some obsolete items are stacked higher up so that they are out of the way
-racks need to be located so that forklifts can access the materials stored on them
-asked if there were any fire protection system that could be used in lieu of a sprinkler
system (he’d love to have a sprinkler system but the landlord is not for that)
Mr. Neis:
-unfortunately, no
-and, with a sprinkler system, there needs to be a 3-foot separation between the
system and storage
-sprinkler systems are figured on flow calculation based on the density (what can be
stored and how high)
-this building is also attached to a bar and a nightclub
-there are multiple occupancies within this building, so, the Fire Code has to be
looked at frequently
-there is adequate fire separation; between a lot of these spaces, it’s a 1-hour fire
separation and it would not be required for several of them (same type of
occupancies)
Mr. Ambli:
-there’s still another 50-100 feet from this space to the bar itself
-there are residential units above the bar
Ms. Moermond:
-this conversation is essentially about the storage on the top shelves of the racks
-looks as though these cardboard boxes are all the way to the ceiling
-even the shortest rack looks to be 11’6”, so none of these top shelves will be useable
Mr. Ambli:
-we will lose racking space; it’ll be a hardship
-he does have a contingency plan if he loses his appeal but he will survive
-asked for an extension to comply and to develop a new flow plan if he loses his
appeal
Ms. Moermond:
-will grant until Mar 3, 2014 to reduce the storage height of all stored materials to 12
feet high or less in Unit 7
-if Mr. Ambli needs more time, let her know at least a week before the City Council
Public Hearing to be held on Feb 5, 2014
City of Saint Paul Page 22
Legislative Hearings Minutes - Final January 7, 2014
-a letter will be sent confirming today’s results
-an inspector will come out on Jan 21, 2014 for the other items
Referred to the City Council due back on 2/5/2014
Fire Certificates of Occupancy
2:30 p.m. Hearings
Vacant Building Registrations
32 RLH VBR 14-2 Appeal of Truong Mai to a Vacant Building Registration Fee at 995 ARCADE
STREET.
Sponsors: Bostrom
Waive the Vacant Building fee to March 15, 2014 to get work done on the building. If
work is done and permit(s), if any, are finaled, Ms. Moermond will recommend
prorating the Vacant Building fee.
RE: 995 Arcade Street (Commercial/Apartment-B-Commercial)
Truong Mai, owner, appeared.
Inspector Rich Singerhouse:
- a Category 2 Vacant Building file was opened Sep 14, 2010
- Certificate of Occupancy Team Inspection conducted Apr 12, 2011
- there was a 90-day VB fee waiver on Sep 20, 2013
- a 30-day VB fee waiver on Dec 12, 2013
- believes the Appellant is here for another VB fee waiver
Mr. Mai:
- he quickly called a licensed electrical contractor after he got the inspection Report
and it took 3 months before he finally got it finaled
- it will take about 2 more months for the warm air inspectors
- 3 permits are finaled: warm air ventilation; electrical; plumbing
Ms. Moermond:
- she sees 2 open warm air permits (one valued at $1,000; the other at $2,000-this
one isn't done yet)
- a mechanical one is open for $2,000; gas
- so, the mechanical and gas permits are pulled
- everything else is finaled, including the building permit
Mr. Mai:
- he doesn't trust what the contractors tell him anymore; they tell you they are coming
soon but they don't come until much later
Ms. Moermond:
- if the work gets done in 2 months, she will recommend that this Vacant Building fee
be cut in half
- send in the yellow card when the letter for tax assessment comes; call our office
and we will cut this in half for Mr. Mai
- we will put a note in your file, too.
City of Saint Paul Page 23
Legislative Hearings Minutes - Final January 7, 2014
Referred to the City Council due back on 2/5/2014
33 RLH VBR 14-1 Appeal of Sengleuame Pahoua Ly to a Vacant Building Registration Renewal
Notice at 755 THIRD STREET EAST.
Sponsors: Lantry
Waive the Vacant Building fee to July 14, 2014 to get work done on the building. If
the work is done, Ms. Moermond will reduce the Vacant Building fee in half.
RE: 755 Third Street East (Single Family)
Senglenuame Pahoua Ly, owner, appeared.
Inspector Rich Singerhouse:
-Category 1 Vacant Building file opened Jan 14, 2010; it was changed to Cat 2 VB on
Feb 23, 2012
-Code Compliance Inspection done Jun 27, 2013
-a 90-day waiver was given Jan 9, 2013
-a 30-day waiver was given Apr 26, 2013
-another 30-day waiver was given May 28, 2013
-anniversary date is Jan 14
-the Vacant Building fee covers the time period from Jan 9, 2013 – Jan 9, 2014
-the VB bill went out in Dec 2013 for the 2013-2014 year
-the Jan 14, 2012 to Jan 14, 2013 VB fee was assessed
Ms. Mai Vang:
-City Council approved the Jan 14, 2012 – Jan 14, 2013 VB fee on Jan 2, 2014
Mr. Ly:
- is asking for help
- bought the house from HUD in Jun 2012 and he wants to live there; it's not for
investment
- he doesn't have the money to fix it up right now
- he is financially underwater
- he owns another house in Oakdale; has 4 children
- he has not pulled any permits
- said that he hasn't seen the Code Compliance Inspection Report
Mr. Singerhouse:
- the report it addressed to you at 7201 Upper 36th St N
Mr. Ly:
- "Yes, I did see it after the inspection but before that I had no idea..."
- talked to Dave Nelmark and he said that Mr. Ly had to pay for the inspection
Ms. Moermond:
- has owned property for 18 months and no permits have been pulled
- he already has received 3 waivers
- asked how will things change in 2014?
Mr. Ly:
- his goal is to put income tax refund money into the house; right now, it too cold to do
anything
- water, electric and gas are on
Mr. Singerhouse:
City of Saint Paul Page 24
Legislative Hearings Minutes - Final January 7, 2014
- there are no Orders on the property; it's being maintained
- there were a few under the HUD ownership (last one 7-26-12)
Ms. Moermond:
- wants to create an incentive for Mr. Ly to get this done sooner than later
- is willing to look at cutting the VB assessment in half if the work is done by Jul 14,
2014 and he has the Certificate of Code Compliance
- asked Mr. Ly to send in the yellow card when the bill comes from the city
- we will note this and Mr. Singerhouse is going to talk to the people at the DSI
counter, who work on issuing permits, letting them know that she has asked that he
get his permits issued even though this VB fee isn't paid
- if the work is done, half the VB fee will be gone; if the work isn't done by Jul 14, he
will get the whole fee
- need to have the electrical, plumbing and heating contractors pull permits; some
permits can be pulled by Mr. Ly-building permits, especially (Jim Seeger will be able
to help with this; Mr. Singerhouse gave him Mr. Seeger's phone number)
- once the job is done, the city inspector will come and make sure the work's been
done right
- recommended that Mr. Ly call a couple of contractors for each trade to get bids
Referred to the City Council due back on 2/5/2014
City of Saint Paul Page 25
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, January 7, 2014 9:00 AM Room 330 City Hall & Court House
9:00 a.m. Hearings
Special Tax Assessments
1 RLH TA 14-2 Ratifying the Appealed Special Tax Assessment for Real Estate Project
No. J1404A, Assessment No. 148503 at 1560 ARLINGTON AVENUE
EAST.
Sponsors: Bostrom
2 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-12 No. J1404A, Assessment No. 148503 at 2340 BUFORD AVENUE.
Sponsors: Stark
3 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-11 No. J1404A, Assessment No. 148503 at 91 COOK AVENUE WEST.
Sponsors: Brendmoen
4 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-13 No. J1404A, Assessment No. 148503 at 581 COOK AVENUE EAST.
Sponsors: Bostrom
5 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-10 No. J1404A, Assessment No. 148503 at 941 CYPRESS STREET.
Sponsors: Bostrom
6 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-14 No. J1404A, Assessment No. 148503 at 1141 DALE STREET.
Sponsors: Brendmoen
7 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-15 No. J1404A, Assessment No. 148503 at 291 EDMUND AVENUE.
Sponsors: Thao
8 RLH TA 14-9 Ratifying the Appealed Special Tax Assessment for Real Estate Project
No. J1404A, Assessment No. 148503 at 466 EDMUND AVENUE.
Sponsors: Thao
City of Saint Paul Page 1 Printed on 1/8/2014
Legislative Hearings Meeting Agenda - Final-revised January 7, 2014
9 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-16 No. J1404A, Assessment No. 148503 at 1004 EUCLID STREET.
Sponsors: Lantry
10 RLH TA 14-8 Ratifying the Appealed Special Tax Assessment for Real Estate Project
No. J1404A, Assessment No. 148503 at 878 FREMONT AVENUE.
Sponsors: Lantry
11 RLH TA 14-3 Ratifying the Appealed Special Tax Assessment for Real Estate Project
No. J1403A, Assessment No. 148502 at 99 GERANIUM AVENUE
WEST.
Sponsors: Brendmoen
12 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-21 No. VB1404, Assessment No. 148803 at 99 GERANIUM AVENUE
WEST.
Sponsors: Brendmoen
13 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-19 No. J1404A, Assessment No. 148503 at 226 GROTTO STREET
NORTH.
Sponsors: Thao
14 RLH TA 14-4 Ratifying the Appealed Special Tax Assessment for Real Estate Project
No. J1404G, Assessment No. 148703 at 1171 LAWSON AVENUE
EAST.
Sponsors: Bostrom
15 RLH TA 14-6 Ratifying the Appealed Special Tax Assessment for Real Estate Project
No. J1404A, Assessment No. 148503 at 1152 MARION STREET.
Sponsors: Brendmoen
16 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-17 No. J1404A, Assessment No. 148503 at 955 MINNEHAHA AVENUE
WEST.
Sponsors: Thao
17 RLH TA 14-5 Ratifying the Appealed Special Tax Assessment for Real Estate Project
No. VB1404, Assessment No. 148803 at 1166 ROSS AVENUE.
Sponsors: Bostrom
18 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
13-739 No. J1403A, Assessment No. 148502 at 683 SHERBURNE AVENUE.
Sponsors: Thao
19 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-18 No. J1404A, Assessment No. 148503 at 678 THOMAS AVENUE.
Sponsors: Thao
City of Saint Paul Page 2 Printed on 1/8/2014
Legislative Hearings Meeting Agenda - Final-revised January 7, 2014
20 RLH TA 14-7 Ratifying the Appealed Special Tax Assessment for Real Estate Project
No. J1404A, Assessment No. 148503 at 767 UNIVERSITY AVENUE
WEST.
Sponsors: Thao
21 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-22 No. J1404A, Assessment No. 148503 at 699 VAN BUREN AVENUE.
Sponsors: Thao
22 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-23 No. J1404A, Assessment No. 148503 at 419 SHERBURNE AVENUE.
Sponsors: Thao
23 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-24 No. J1404A, Assessment No. 148503 at 1021 SIMS AVENUE.
Sponsors: Bostrom
Special Tax Assessment Rolls
24 RLH AR Ratifying Collection of Vacant Building fees billed September 10, 2012
13-127 to August 21, 2013. (File No. VB1404, Assessment No. 148803)
Sponsors: Lantry
25 RLH AR Ratifying Property Clean Up services during October 2 to October 31,
13-128 2013. (File No. J1404A, Assessment No. 148503)
Sponsors: Lantry
26 RLH AR Ratifying Trash Hauling services during October 3 to October 30, 2013.
13-129 (File No. J1404G, Assessment No. 148703)
Sponsors: Lantry
27 RLH AR Ratifying Graffiti Removal services during October 8 to October 12,
13-130 2013. (File No. J1404P, Assessment No. 148403)
Sponsors: Lantry
11:00 a.m. Hearings
Summary Abatement Orders
28 RLH SAO Appeal of Margarita Garcia to a Summary Abatement Order at 641
14-1 BEDFORD STREET.
Sponsors: Brendmoen
11:30 a.m. Hearings
Orders To Vacate, Condemnations and Revocations
City of Saint Paul Page 3 Printed on 1/8/2014
Legislative Hearings Meeting Agenda - Final-revised January 7, 2014
29 RLH VO Appeal of David Leventhal, Cecil's Delicatessen, to a Revocation of Fire
14-1 Certificate of Occupancy and Order to Vacate at 651 CLEVELAND
AVENUE SOUTH.
Sponsors: Tolbert
1:30 p.m. Hearings
Correction Orders
30 RLH CO Appeal of Robin Magee to a Correction Notice at 466 MARSHALL
13-34 AVENUE.
Sponsors: Thao
31 RLH FCO Appeal of Steven Ambli, Lift Pro, to a Fire Inspection Correction Notice
14-1 at 2554 COMO AVENUE.
Sponsors: Stark
Fire Certificates of Occupancy
2:30 p.m. Hearings
Vacant Building Registrations
32 RLH VBR Appeal of Truong Mai to a Vacant Building Registration Fee at 995
14-2 ARCADE STREET.
Sponsors: Bostrom
33 RLH VBR Appeal of Sengleuame Pahoua Ly to a Vacant Building Registration
14-1 Renewal Notice at 755 THIRD STREET EAST.
Sponsors: Lantry
City of Saint Paul Page 4 Printed on 1/8/2014