Legislative Hearings
Regular MeetingSt. Paul, MN · February 18, 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, February 18, 2014 9:00 AM Room 330 City Hall & Court House
9:00 a.m. Hearings
Special Tax Assessments - Laid Over
1 RLH TA 14-54 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1405A, Assessment No. 148504 at 1846 MARSHALL
AVENUE.
Sponsors: Stark
Approve the assessment.
RE: 1846 Marshall Avenue (Apartments)
Barry Star, owner, appeared.
Inspector Paula Seeley:
- Summary Abatement Order sent Oct 30, 2013; compliance Nov 5; re-checked Nov
5; Work Order sent
- work done Nov 8, 2013 for a cost of $288 + $160 service charge = $448
- no returned mail
- sent to Leo Lindquist, 1784 Phalen Pl N, Maplewood; and Barry Star, 2419
Nebraska Ave E, Maplewood; and Occupant
- remove brush pile from between garage and alley way
- photos
Mr. Star:
- doesn't know where the brush came from; he doesn't think it was his but that
someone put it there
- 2419 Nebraska is his address
- he's at the property a lot but hasn't seen it
- that's near the back alley which isn't visible; a neighbor shares that space between
the 2 garages
VIDEO
- doesn't appear to be brush, just a branch - like someone dragged a branch over
there
- he did check it and took some stuff away from back there; maybe someone dragged
the branch over there after we were there
- there was stuff there and we took care of it
Ms. Moermond:
City of Saint Paul Page 1
Legislative Hearings Minutes - Final February 18, 2014
- photo show a brush pile from a side angle
- will recommend approval of this assessment
Referred to the City Council due back on 3/19/2014
2 RLH TA 14-74 Deleting the Appealed Special Tax Assessment for Real Estate Project
No. J1405A, Assessment No. 148504 at 610 MINNEHAHA AVENUE
EAST.
Sponsors: Bostrom
Delete the assessment.
RE: 610 Minnehaha Avenue East (Apartments)
Mai Vang:
- follow-up on closing document
Ms. Moermond:
- settlement date: Oct 31, 2013
- Summary Abatement Order was sent Oct 30, 2013
- went to previous owner
- will recommend deleting this assessment
Referred to the City Council due back on 3/19/2014
3 RLH TA 14-65 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1405A, Assessment No. 148504 at 1232 SEVENTH
STREET EAST.
Sponsors: Bostrom
Based on iInspector's additional information from owner's contractor and City crew
and break down of costs relating to the dumpster, recommend approval of the
assessment.
2/28/14: Ms. Vang contacted Commercial Container Corp. at 612-721-2650 and
spoke to Nona Whalen. This phone call was to get detail information regarding the
dumpster. Ms. Whalen stated that on September 18, 2013 Henry Obedier (sp?) who
was hired by property owner, Rose Blalock ordered a 20-yd dumpster for the
clean-up at 1232 Seventh St E. A 2nd 20-yd dumpster was dropped off on
September 23, 2013. Then on September 25th a 3rd 20-yd dumpster was dropped.
Lastly, on September 25th, a 10-yd dumpster was dropped off to replace the 20-yd
dumpster that was dropped off on Sept. 25. She indicated that as of yet, only one of
the three 20-yd was paid for. She was told that Ms. Blalock paid Mr. Obedier cash
and then Mr. Obedier went and wrote a NSF check for the first dumpster but later
went to pay for it in cash. He never went back to pay the other 20 yards. She also
said that James Miller, City crew, called the company to pick up the 10 yd. and he
met up with the co. at 11:00 a.m. at the dumping site. They both were at the
Advanced Disposal site and it was indicated to the co. that the City will pay for
dumping fee and charge to City. After speaking with me, Ms. Whalen went to talk to
the driver and came back on the phone and stated that he said the City supervisor
was there, told to meet at Front Street and the dumping took one hour. He said that
there was not a lot of debris at the owner's property to pick up.
2-19-14: Statement in an email from Skip Saete, Park Maintenance
City of Saint Paul Page 2
Legislative Hearings Minutes - Final February 18, 2014
Work order 13-245393 – address: 1232 7th St. East, was done by our Parks staff on
11-4-13. My crew leader made plans on a few occasions with the company that
owned the 20 yard roll-off to dump the container and the dispatch office and the
driver did not communicate apparently because my crew waited in vain only to
discover that the driver would not be showing up that day. When the Commercial
Container driver did finally show up, Jim M. videoed the container and my crew
cleaned up all of the surrounding debris that did not fit into the container. I
understand that they put the overflow trash into our garbage truck. The trash was
scattered all over the place and it took a while to clean up the area. The Parks driver
then followed the Commercial Container driver to the Veolia or Resource Recovery
transfer station on Como Ave. to dump. The debris charges were put on our Parks
account. The debris was charged to truck 3-330 because every truck load has to be
charged to an existing account. Our Parks driver goes into the office at the dump
station and informs the Veolia staff to put the debris towards his garbage truck . The
ticket number on 11/4/13 was 552646 for 1.45 tons. To summarize; this is our
standard operating procedure for a roll-off that does not fit onto our truck. Every
roll-off box has a unique way of hooking up. The truck and the box are separate and
they have to be compatible in order to pick up the box. Therefore, we call the owner
of the box and agree that they can get their box back so they can use it again and we
will pay for the trash. This is always the agreement or we do not use the company. I
am not sure how the vendor charges for their time because that is not our concern.
Our charges however, are $520.00 for two hours for my crew and the equipment’s
time and $560.00 for the disposal fees. These are the same standard fees we always
charge and this has not changed in at least 8 years.
RE: 1232 Seventh Street East (Multi-Family)
Rose Mary Blalock, owner, appeared. Also appearing, Terrance Fredix
Inspector Paula Seeley:
- followed up and emailed Ms. Moermond
- Ms. Moermond wanted me to find out why the cost of this assessment was so high
- she talked with Skip: the Parks crew called the company and followed them over to
Veola; there was 2 hours of garbage abatement; 20 yards of refuse; so, it's a $520 -
abatement fee; general refuse - $560; plus $160 service charge = $1,240
Ms. Blalock:
- Commercial Containers is the contractor who owns the dumpster, too; she had
spoken with them; they said that after they got the call by the inspector, they went to
pick it up because her contractor had not yet paid them; there was a mix-up in the
invoices; the inspector told them to meet him at the property and told them to take the
dumpster to a location and after they dumped it, Commercial Containers charged
them for dumping the dumpster; then, they got a bill from the city for the same thing
- the city said that they picked it up and dumped it
Ms. Moermond:
- actually, it kind of is the city; the city would have escorted the private company
Mr. Fredix:
- Commercial Containers person told them that the inspector called them and forced
them to move this dumpster and that some kind of fee got mixed up in the payment;
they said, 'Tell them to bill the city and the city will bill us.' The company also charged
them $275 for the contracting company to come out and dump it
Ms. Moermond:
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Legislative Hearings Minutes - Final February 18, 2014
- and, the city's paid that bill, as well (Ms. Seeley: that must be the trip charge)
- the city is charging you for the cost of all of that garbage; there might be a trip
charge
- is looking for an invoice from Skip on what the costs were
- it looks like a 20-yd dumpster in the photo
Mr. Fredix:
- they said that they sent out a 10-yard dumpster and that's what was recorded as
being picked up
Ms. Seeley:
- the city had to wait there for 2 hours: he had to hook the dumpster up to the trailer;
follow them all the way to Veola; make sure it gets dumped; make sure that Veola
gets paid; the city is paying for 20-yds
Ms. Moermond:
- we need to get better detail from Parks on this because if there's a private bill going
to the owner and the city is paying for the 20 yards, there may be a cross over;
doesn't want to see the owner double billed
- asked Ms. Seeley to put together a better break down of costs, etc.
Ms. Blalock:
- the city did not escort them; from her conversation with the company man who
actually talked to Inspector James who called them to remove the dumpster
Ms. Moermond:
- we need to get this straightened out
- wants to make sure owner is not getting charged twice for the same thing
- wants to compare what the company is billing Ms. Blalock with what the city is
charging
- if there's a discrepancy, we need to sort it out
- seeing errors in the bills and is concerned
Ms. Seeley:
- she will talk to Rita and also to Skip
Ms. Blalock:
- contact at Commercial Container is Nona, 612/721-2650; 3516 East Lake St; Nona
said that they picked-up a 10-yd dumpster; Nona also said that the city did not follow
the truck; the inspector told them to go pick it up and take it to Veola and bill the city ;
Nona said the city was not out there; Nona said that's why they were charging her
$275
- again, Ms. Blalock asked Nona, "Did you pick up a 20-yd dumpster or a 10-yd
dumpster?" Nona answered, "A 10-yard dumpster."
Mr. Fredix:
- they have had a lot of problems with that inspector
Ms. Moermond:
- believes that the clean-up crew would have called the private company
Ms. Blalock:
- Nona told them that it was Inspector James who called the private company
- she has left emails with LH
Ms. Moermond:
City of Saint Paul Page 4
Legislative Hearings Minutes - Final February 18, 2014
- we need proper documentation
- we will communicate by email and, hopefully, save the owners a trip downtown
VIDEO again
Referred to the City Council due back on 3/19/2014
Special Tax Assessments (ALL FOR CPH ON 4/2/14)
4 RLH TA 14-81 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. CRT1406, Assessment No. 148205 at 96 BATES
AVENUE.
Sponsors: Lantry
Approve the assessment and spread the payments over 2 years.
RE: 96 Bates Avenue (Single Family)
Joseph Felt, LJJ Properties LLC, owner, appeared.
Fire Inspector Leanna Shaff:
- Fire Certificate of Occupancy fee $170 + $155 service charge = $325
- Orders dated Jan 16, 2013; compliance Oct 3, 2013
- bills were sent Oct 7 and Nov 6, 2013
- sent to LJJ Properties, 1148 McLean Ave, St. Paul
Mr. Felt:
- main concerns are the DSI administration fee of $120 and the Real Estate
administration fee of $35 - that's $155 tacked onto the $170 C of O fee; that's 90%
increase in his C of O inspection fee
- how can he be essentially, fined 90% over this C of O cost
- he questions that St. Paul can actually charge for the C of O inspection; this has
been questioned all over the country; apparently, not hard enough in St. Paul; the 4th
Amendment says that you do not have a right to enter our private property and that's
my private property
- he's a small landlord and every one of his properties is rated "A"
- this is a huge cost: we've got $325 now, plus $155 that he put in for a furnace
inspection, plus his time, which equals about $600; and that comes to about
$50/month that he will have to raise the rent ($50/month less affordable rent for his
renter)
- constitutionally, you shouldn't be entering that house anyway
Ms. Moermond:
- asked what happened between getting the first bill and now
Mr. Felt:
- part of the reason is that the City of St. Paul has decided that the house that I've
lived in for 15 years, my primary residence, was no longer homesteaded property
because he has a wife, who is on active duty in the military and she lives in another
state; so, his wife flew here and spent 2 days at Ramsey County getting all this stuff
straightened out, which cost over $300 (plus the flight down here); that came up
about the same time all of this was happening --- one thing after another - each
costing me money
- we are residents of St. Paul not revenue sources
- he hasn't been able to pay earlier
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Legislative Hearings Minutes - Final February 18, 2014
- he owns 4 properties
- constitutionally, we are not supposed to be cited for excessive bail or excessive
fees; he thinks that 90% is an excessive fee considering that by law, he can only
assess his tenants an 8% late fee; you've assessed a 90% late fee; how does the city
justify that
Ms. Moermond:
- the processing fee (admin charge/service charge) is not a percent fee; it's a flat rate
when something is turned into an assessment instead of being a regular bill
- is hearing that Mr. Felt has had good reason for not paying the bill in a timely
manner
- the C of O inspection fee is only about 70% of sending out an inspector; the rest is
picked up by the taxpayers of the City of St. Paul
- the fee is a charge that has been reviewed by the state auditor as being an
acceptable charge for the cost incurred
Mr. Felt:
- suggested that if what is charged as the cost of the inspection is not covering what it
actually costs, then, perhaps, the city should charge $500 or $800, whatever, for the
inspection; he would rather it be the true cost of what it is
Mr. Moermond:
- Mr. Felt's councilmember may look at this differently
- will recommend approval of this assessment payable over 2 years (smaller bites)
- City Council Public Hearing Apr 2, 2014
Referred to the City Council due back on 4/2/2014
5 RLH TA 14-114 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1402E, Assessment No. 148301 at 351 BATES AVENUE.
Sponsors: Lantry
Approve the assessment.
RE: 351 Bates Avenue (Apartments)
Tsag Nguyen appeared.
Inspector Paula Seeley:
- Summary Abatement Order sent Sep 24, 2013; compliance Sep 30; to remove a
sofa from the blvd
- sent to Hank Trung Cu and Ruby Nguyen, 1119 East River Rd, Mpls; and Occupant
- no returned mail
- cost: $120 + $35 service charge = $155 (PAEC charge)
Mr. Nguyen:
- works for Hank and Ruby
- if he removed the sofa, why is it being charged to them?
- they hadn't received the Notice
Ms. Moermond:
- the sofa was cleared away after the inspector came to re-check and almost a week
had been provided to remove it
Ms. Seeley:
- the compliance day, Sep 30, inspector went out and took a photo of the sofa still
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Legislative Hearings Minutes - Final February 18, 2014
being on the blvd, so, he called the Parks crew to come and pick up the sofa;
however, when they came out, the sofa had already been taken away (trip charge)
- there had been 2 complaints within a week about this
Ms. Moermond:
- will recommend approval of this assessment; the sofa wasn't removed from the blvd
by the compliance date
Referred to the City Council due back on 4/2/2014
6 RLH TA 14-98 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1402E, Assessment No. 148301 at 1818 BENSON
AVENUE.
Sponsors: Tolbert
No show - approve the assessment.
Referred to the City Council due back on 4/2/2014
7 RLH TA 14-85 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. CRT1406, Assessment No. 148205 at 1660 BUSH
AVENUE.
Sponsors: Lantry
No show - approve the assessment.
Referred to the City Council due back on 4/2/2014
8 RLH TA 14-82 Deleting the Appealed Special Tax Assessment for Real Estate Project
No. J1405B, Assessment No. 148104 at 675 CHARLES AVENUE.
Sponsors: Thao
Delete the assessment.
RE: 675 Charles Avenue (Duplex)
Reagan Yang and Maesee Vang, owners, appeared. (Mai Vang interpreted.)
Inspector Joe Yannarelly:
- boarding requested by the St. Paul Fire Dept after a fire 10:14 am, Nov 24, 2013
- presently, the building is a Category 1 fire exempt Vacant Building
Mr. Vang:
- a candle started the fired
- father-in-law was home at the time
- 3 windows were broken
Ms. Moermond:
- since someone was home, she is wondering why Fire called for a boarding crew
Ms. Yang:
- because the windows were broken
- all of the occupants were there at the time
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Legislative Hearings Minutes - Final February 18, 2014
- when Fire got there, they just said that they were going to board it up
Ms. Moermond:
- will recommend that Council delete this assessment
- everybody was there
- probably, Fire thought they were doing them a favor not realizing that there was a
bill coming
Referred to the City Council due back on 4/2/2014
9 RLH TA 14-97 Amending Council File RLH AR 13-113 to delete the assessment for
Collection of Certificate of Occupancy Fees billed July 4 to August 1,
2013 at 950 CROMWELL AVENUE. (File No. CRT1403, Assessment
No. 148202)
Sponsors: Stark
Delete the assessment. This is a resolution amending AR file adopted on January
15, 2014.
Referred to the City Council due back on 3/5/2014
10 RLH TA 14-99 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1402E, Assessment No. 148301 at 259 CURTICE
STREET EAST.
Sponsors: Thune
Reduce the assessment from $275 to $137.
RE: 259 Curtice Street East (Single Family)
Ethan Warneke and child appeared.
Inspector Paula Seeley:
- 2 Excessive Consumptions for noncompliance
- orders sent Aug 1; compliance Aug 8; re-checked Aug 8
- ECs were sent for a cost of $240 + $35 service charge = $275
- inspected second time Aug 15
- orders sent to Lorraine Mickelson, 259 Curtice St E, St. Paul
- orders read: re-position discharge hose out of carriage house and garage that is
directing water straight into alley right-of-way; water must drain directly into yard
- no returned mail
- inspector went out 2 different times
- photos
Mr. Warneke:
- Lorraine Mickelson is his wife
- they were on vacation at the time when the first letter came; and didn't get back until
after the second letter had come
- his brother lives at this property and it took a few days before he got the mail to him;
as soon as he got the letter, he went to fix it
- it took a few weeks to contact someone about the address change; he left
messages and sent faxes; they finally got all of the mail sent to their current
residence
- they weren't in town when this happened
City of Saint Paul Page 8
Legislative Hearings Minutes - Final February 18, 2014
Ms. Seeley:
- illegal dumping complaint on Jul 13, 2012; sent a Summary Abatement and
someone took care of it
Ms. Moermond:
- will split it down the middle
- will recommend the City Council reduce this assessment to $137
- CCPH Apr 2, 2014
Referred to the City Council due back on 4/2/2014
11 RLH TA 14-109 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1402E, Assessment No. 148301 at 1153 EDMUND
AVENUE.
Sponsors: Thao
No show - approve the assessment.
Referred to the City Council due back on 4/2/2014
12 RLH TA 14-106 Deleting the Appealed Special Tax Assessment for Real Estate Project
No. J1402E, Assessment No. 148301 at 944 EUCLID STREET.
Sponsors: Lantry
Delete the assessment as the clean up order was the result of illegal dumping on the
property. (No hearing necessary)
Referred to the City Council due back on 4/2/2014
13 RLH TA 14-100 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1402E, Assessment No.148301 at 1635 FREMONT
AVENUE.
Sponsors: Lantry
Approve the assessment.
RE: 1635 Fremont Avenue (SIngle Family)
Pen Cher Vang, owner, and Khenu Vang, appeared. (Mai Vang interpreted.)
Inspector Paula Seeley:
- Excessive Consumption
- tall grass and weeds Order sent Sep 9, 2013; compliance Sep 13; re-checked Sep
13
- Work Order sent
- work had been done by owner when the crew got there, which generated a EC
- cost $120 + $35 service charge = $155
- sent to John Vang, 1635 Fremont Ave; Vue Xiong Vang, 1635 Fremont; and
Occupant
- no returned mail
- photo
- no history
Mr. Vang:
City of Saint Paul Page 9
Legislative Hearings Minutes - Final February 18, 2014
- the property is in foreclosure
- they were notified to cut the grass so they went back to cut it
- if it was cut, why do they get charged?
- the property is in the hands of the bank
Ms. Moermond:
- this assessment goes with the property
- since the property is in foreclosure, you are not responsible for the bill; the bank has
to pay it
- the Vangs have a perfect record of maintenance
- will recommend approval for this assessment
Referred to the City Council due back on 4/2/2014
14 RLH TA 14-88 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. VB1406, Assessment No. 148805 at 226 GROTTO
STREET NORTH.
Sponsors: Thao
Approve the assessment and spread the payments over 5 years.
RE: 226 Grotto Street North (Half Double Dwelling)
Matthew Jackson, owner, appeared.
Ms. Moermond:
- pulled up information on this and it's kind of a mess; she has notes on her desk
- who owns this?
Mr. Jackson:
- he gets US Bank but the address given it for a Chase Bank
Ms. Moermond:
- it's US Bank, trustee
- she spoke with the city's person who works with title documents
- this is for a Vacant Building fee
Inspector Joe Yannarelly:
- Category 2 Vacant Building file, opened 10-16-13
- it was previously Condemned as unfit for human habitation on Sep 9, 2013:
material endangerment; defective deteriorated roof; as well as complementary
violations
- cost: $1440 + service charge $155 = $1595
- no code compliance inspection report
Mr. Jackson:
- he's confused about the dates: it says May 9 to Oct 24 but as far as he knows it
didn't become vacant until Oct
- he was here in Aug, 2013 to get an extension in order to try to figure out who owned
it so that we could talk and get a new roof put on; Ms. Moermond had extended it for
30 days but he wasn't able to find the owner
Ms. Moermond:
- the original bill went out May 9, 2013
- the bill she is looking at right now covers the time period from Oct 16, 2013 thru Oct
16, 2014
City of Saint Paul Page 10
Legislative Hearings Minutes - Final February 18, 2014
Mr. Jackson:
- original Work Order was for a roof and doing the chimney; there's 3 layers of
shingles up there so, he can't do just his half of the roof because no one will insure
that; it has to be a tear-off; and he can't get a hold of anyone on the phone at any
bank who will admit to have anything to do with this property
- a realtor, Mary Mensch, who works for the bank, won't tell him or his lawyer who
owns it; so, he can't do the roof
(at this time, Ms. Moermond took another case)
Ms. Moermond:
- go into Ramsey County's Sheriff's Civil Desk; all Sheriff Sale information is there; in
the Sheriff Sale Document, US Bank National Association shows as the owner; they
sought the shortened redemption time period in Apr 2013 and the courts granted that;
the weird thing about the Sheriff's Sale document is that they did not list a law firm,
which is unheard of; the previous law firm wasn't involved with the Sheriff's Sale or...
- address of US Bank National Association is 7255 Baymeadows Way, Jacksonville,
FL 32256-6851 (on the paperwork of the Sheriff's Sale)
Mr. Jackson:
- he has a friend who works for US Bank; there's no offices in Jacksonville and when
he checked that address, it was a Chase Manhattan Bank
- he would just like to fix the roof and get things in working order but he, literally, can't
do it; he's hired 2 different lawyers and neither was able to find out who owns the
house; he's at a loss; no one seems to be accountable
- he doesn't know what to do
- every one he has spoken with has never seen anything like this before
Ms. Moermond:
- sorry that she could not be more helpful
- in terms of the VB fee, the anniversary date is in Oct and we are 6 months into that
year
- will recommend this fee be approved and payable over 5 years
Referred to the City Council due back on 4/2/2014
15 RLH TA 14-115 Deleting the Appealed Special Tax Assessment for Real Estate Project
No. VB1406, Assessment No. 148805 at 560 GROTTO STREET
NORTH.
Sponsors: Thao
Delete the assessment.
RE: 560 Grotto (Single Family)
James Swartwood, owner, and Cal Prince, property manager, appeared.
Inspector Joe Yannarelly:
- Vacant Building fee of $1,440 + $155 service charge = $1,595
Mr. Prince:
- he met with the inspector in Oct 2013 and thought this was all done
Mr. Yannarelly:
- this is a Category 1 VB
City of Saint Paul Page 11
Legislative Hearings Minutes - Final February 18, 2014
- it received Certificate of Occupancy (house was occupied) as of Oct 22, 2013 but it
is still listed as open
- it went into the VB Program on Oct 4, 2013
- it looks like is just never got removed from the VB Program
Ms. Moermond:
- will recommend this assessment be deleted
Referred to the City Council due back on 4/2/2014
16 RLH TA 14-89 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1402E, Assessment No.148301 at 534 JENKS AVENUE.
Sponsors: Brendmoen
No show - approve the assessment.
Referred to the City Council due back on 4/2/2014
17 RLH TA 14-93 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1402E, Assessment No. 148301 at 128 JESSAMINE
AVENUE EAST.
Sponsors: Brendmoen
No show - approve the assessment.
Referred to the City Council due back on 4/2/2014
18 RLH TA 14-94 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. VB1406, Assessment No. 148805 at 322 LARPENTEUR
AVENUE WEST.
Sponsors: Brendmoen
No show - approve the assessment.
Referred to the City Council due back on 4/2/2014
19 RLH TA 14-148 Deleting the Appealed Special Tax Assessment for Real Estate Project
No. J1402E, Assessment No.148301 at 1052 MACKUBIN STREET.
Sponsors: Brendmoen
Delete the assessment.
RE: 1052 Mackubin Street (Residential Vacant Land, Lot)
Howard Merrill, owner, appeared.
Inspector Paula Seeley:
- Excessive Consumption - PAEC
- Orders sent Jul 23, 2013 -tall grass and weeds; remove materials from yard area
and street; compliance date Jul 29; re-checked Jul 30
- Work Order sent
- trip charge: $120 + $35 service charge = $155
City of Saint Paul Page 12
Legislative Hearings Minutes - Final February 18, 2014
- sent to Howard Merrill, 1887 Merrill St, St. Paul
- no returned mail
Mr. Merrill:
- he was notified that weeds needed cutting; he hired the person, who normally cuts
the grass and he did cut it; it was all taken care of
- he had notice on several lots
- he did not do the street right-of-way, which belongs to the city
- everything was in order; he looked at it
- then, he got another set of Notices on all the properties even though the grass had
been cut
- he asked to meet with the inspector out there to see what he was looking for
- he showed the driveway on one end where his guy tried to cut with the riding lawn
mower and it got stuck; so very shortly after that, he had a an excavating man come
in and level the whole thing and he paid over $600 to take all the trees, brush out of
there; he also paid additional money to have all the grass and weeds cut
- first of all, he got a bill for $664, which was totally outrageous but he paid that bill (all
that was left to be done was to cut a little bit of weeds over there); now, they comes
in and says there's excessive use of inspection service; what he finds excessive is
the billing - now, he's being billed an additional amount because he talked to the
inspector? That's outrageous!
Ms. Moermond:
- asked if this Excessive Consumption related to that clean-up or to a separate
event?
Ms. Seeley:
- it's a PAEC; where he sent a Work Order to remove brush and refuse from the lot,
including a small grass and weeds Work Order that was done by owner
- compliance day was Jul 29; inspector went out on the 30th and took photos and
sent a Work Order, which generated a crew to go out there and cut the grass but it
had already been done by owner
Ms. Moermond:
- what is the charge that he paid, the $664? (Ms. Seeley: that was for a clean-up; he
had 6 lots earlier)
Mr. Merrill:
- he didn't do 6 lots; it was one corner of one lot
Ms. Moermond:
- that was a separate issue
- what are the other addresses on Mackubin?
- this is just a simple extra trip charge for coming to mow the lawn, which had already
been mowed - but a day after the deadline
Mr. Merrill:
- when he confirmed with the inspector, he had told him that it was going to be done
right away, so, it shouldn't have been a surprise that it was done; I always get it done;
on a regular basis
- he finds it outrageous that he is being billed for excessive use of inspection services
when he complies with everything that they asked for
Inspector St. Martin:
- under 1040 Mackubin, there was some work done earlier; a couple different
addresses there
City of Saint Paul Page 13
Legislative Hearings Minutes - Final February 18, 2014
- it's kind of confusing because there are so many empty lots together
- Mr. Merrill has been cooperative with trying to work with inspections and take care
of his properties
- he has been compliant is working with us
- he would recommend deleting this assessment
Ms. Moermond:
- will recommend the Council delete this assessment
Referred to the City Council due back on 4/2/2014
20 RLH TA 14-84 Deleting the Appealed Special Tax Assessment for Real Estate Project
No. VB1406, Assessment No. 148805 at 1091 MINNEHAHA AVENUE
EAST.
Sponsors: Lantry
Recommend deletion of Vacant Building fee. The building was in the program for
only 2 months of the year; there appears to have been a slow issuance of the
Certificate of Compliance after the work was completed.
Forthcoming...LHO will contact building official for the status of the vacant building.
RE: 1091 Minnehaha Avenue East (Duplex)
Boonmee Yang, owner, appeared along with Mia Her. (Mai Vang interpreted.)
Inspector Joe Yannarelly:
- Annual Vacant Building registration fee: $1,440 + $155 service charge = $1,595
- Category 2 Vacant Building been in program since Nov 16, 2009
- has an expired code compliance inspection report
- has an extensive list of Work Orders on the property
Ms. Yang:
- bought the property Aug 2013
- were finished with the rehab in Oct 2013 but were waiting for the plumber to
finalized the permit
- they plan to rent out the building
Mr. Yannarelly:
- how could they be close to finalizing when they didn't have a code compliance
inspection report
- several permits had been pulled and all permits were finaled in Sep 2013; they just
don't have the Certificate of Code Compliance
- there are no notation from Jim Seeger
Ms. Moermond:
- this VB fee is for the time period of Nov 2013 - Nov 2014
- she will call Inspector Jim Seeger, who is in charge of clearing out this file
- it looks as though this bill should be deleted entirely because the permits were
finaled before the anniversary date
- will recommend this assessment be deleted
Referred to the City Council due back on 4/2/2014
21 RLH TA 14-103 Deleting the Appealed Special Tax Assessment for Real Estate Project
No. J1402E, Assessment No. 148301 at 2054 MONTREAL AVENUE.
City of Saint Paul Page 14
Legislative Hearings Minutes - Final February 18, 2014
Sponsors: Tolbert
Delete the assessment because work was completed. (No hearing necessary)
Referred to the City Council due back on 4/2/2014
22 RLH TA 14-83 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. VB1406, Assessment No. 148805 at 2214 REANEY
AVENUE.
Sponsors: Lantry
No show - approve the assessment.
Referred to the City Council due back on 4/2/2014
23 RLH TA 14-91 Deleting the Appealed Special Tax Assessment for Real Estate Project
No. J1402E, Assessment No.148301 at 736 ROSE AVENUE EAST.
Sponsors: Bostrom
Delete the assessment; grass was not 8 inches tall. (No hearing necessary)
Referred to the City Council due back on 4/2/2014
24 RLH TA 14-111 Deleting the Appealed Special Tax Assessment for Real Estate Project
No. J1402E, Assessment No. 148301 at 610 ST. ALBANS STREET
NORTH.
Sponsors: Thao
Delete the assessment as it was done in error (no EC was issued to the property) -
No hearing necessary.
Referred to the City Council due back on 4/2/2014
25 RLH TA 14-86 Deleting the Appealed Special Tax Assessment for Real Estate Project
No. VB1406, Assessment No. 148805 at 1274 SAINT CLAIR
AVENUE.
Sponsors: Tolbert
Code compliance was issued less than 30 days after anniversary date. (No hearing
necessary)
Referred to the City Council due back on 4/2/2014
26 RLH TA 14-92 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1402E, Assessment No.148301 at 1186-1188 SEVENTH
STREET EAST.
Sponsors: Bostrom
Approve the assessment.
RE: 1186-1188 Seventh Street East (Single Family / Misc)
City of Saint Paul Page 15
Legislative Hearings Minutes - Final February 18, 2014
Kevin L. Menard, owner, appeared.
Inspector Paula Seeley:
- Excessive Consumption PAEC- failure to cut grass by the compliance date
- orders sent Jul 25; compliance Jul 29; re-checked Jul 31
- Work Order sent
- crew went out and the work had been done owner
- trip charge: $120 + $35 service charge = $155
- history: Jul 28, 2013 - Orders on rubbish and vehicles in the yard
- Orders sent to Kevin Menard, 617 NE Taylor St, Mpls; and Occupant
- no returned mail
- photo
Mr. Menard:
- the grass did get mowed
- he got letters from 2 different inspectors: 1) one from James Hoffman; and 2) one
from Paula Seeley
- the one Ms. Seeley sent was the same as the James Hoffman one but she said he
had until Jul 31, 2013; and he called her and asked her for a couple more days and
she said, "Get most of it done and we'll talk about it."
- he had everything done; there might have been some weeds in the back on the
30th
- he thinks he should have had a little more time
- looking at the photos: "this in the front is blackberries; not weeds" and
- he believes that the inspector took photos in the morning of the 31st; he cut the
weeds in the back with the weed whipper in the afternoon of the 31st
Ms. Seeley:
- history: she was out Jul 25 and sent SA for the 31st to remove all the junk, rubbish
in the yard; there were some abandoned vehicles and to cut all the weeds; Mr.
Hoffman's letter gave a compliance date of the 29th and he went out on the 31st sent
a Work Order on it
- she did have a conversation but I don't remember the tall grass and weeds; it was
just to clean-up the yard
- her notes don't indicate giving him an extension on the grass
Ms. Moermond:
- will recommend approval of this assessment
Referred to the City Council due back on 4/2/2014
27 RLH TA 14-96 Deleting the Appealed Special Tax Assessment for Real Estate Project
No. J1405P, Assessment No.148404 at 652 STRYKER AVENUE.
Sponsors: Thune
Delete the assessment; waiver on file. (No hearing necessary)
Referred to the City Council due back on 4/2/2014
28 RLH TA 14-112 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1402E, Assessment No. 148301 at 855 TUSCARORA
AVENUE.
Sponsors: Thune
City of Saint Paul Page 16
Legislative Hearings Minutes - Final February 18, 2014
No show - approve the assessment.
Referred to the City Council due back on 4/2/2014
29 RLH TA 14-107 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1402E, Assessment No. 148301 at 895 WAKEFIELD
AVENUE.
Sponsors: Lantry
No show - approve the assessment.
Referred to the City Council due back on 4/2/2014
30 RLH TA 14-95 Deleting the Appealed Special Tax Assessment for Real Estate Project
No. J1402E, Assessment No. 148301 at 676 WELLS STREET.
Sponsors: Bostrom
Delete the assessment.
Referred to the City Council due back on 4/2/2014
31 RLH TA 14-87 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. CRT1406, Assessment No. 148205 at 409 WHEELER
STREET NORTH.
Sponsors: Stark
Reduce the assessment from $325 to $247.50.
RE: 409 Wheeler Street North (Single Family)
David and Kara Wald, KOP 1 LLC, owner, appeared.
Fire Inspector Leanna Shaff:
- Fire Certificate of Occupancy inspection assessment
- cost: $170 + $155 service charge = $325
- Orders dated Aug 27, 2013; compliance Oct 11, 2013
- billing dates: Oct 15 and Nov 14, 2013
- no returned mail
- sent to Kara and David Wald, 1490 Danforth St, St. Paul
Ms. Wald:
- appealing the administrative fees
- have been experiencing a lot of difficulty with their mail handling; have had trouble
for the last 6 months; some of their mail is late; other mail goes to the house next to
theirs
- she has called the Post Office to let them know
- she has now set up a P.O. Box
- they did not receive Notices and the bills
- they did; however, receive the Certificate of Occupancy
- she has always paid on time in the past
Inspector Shaff:
- this is a Class A property; gets inspected every 5 years
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Legislative Hearings Minutes - Final February 18, 2014
- 2008 - some exterior item but they did not own the house then
Mr. Wald:
- he just replaced the whole sidewalk on one side of their property
Ms. Moermond:
- this time, she will split the difference on the service charge: will reduce the service
charge by half
- total cost: $247.50
- will recommend the Council reduce the service charge by half, bringing the total
cost down $247.50
Referred to the City Council due back on 4/2/2014
32 RLH TA 14-108 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. J1402E, Assessment No. 148301 at 419 WHITALL
STREET. (To be referred back to Legislative Hearing on April 15, 2015
and City Council Public Hearing on May 7, 2014)
Sponsors: Brendmoen
To be laid over to April 15, 2014 Legislative Hearing and City Council Public Hearing
on May 7, 2014.
Appellant in Arizona and won't be back until April 10, 2014.
Referred to the City Council due back on 4/2/2014
33 RLH TA 14-113 Ratifying the Appealed Special Tax Assessment for Real Estate
Project No. VB1406, Assessment No. 148805 at 427 WHITALL
STREET.
Sponsors: Brendmoen
Laid over to 2:30 p.m., Tuesday, Feb 25, 2014 for staff report. Owner needs to
contact Rich Singerhouse for update on property. Will hold Vacant Building fee until
then.
RE: 427 Whitall Street (Single Family)
Thomas Wybierala, owner, and his girlfriend, Shari, appeared.
Inspector Joe Yannarelly:
- this property was transferred from the Fire Certificate of Occupancy Program
- made a Category 2 Vacant Building Oct 2006
- a Condemnation because of the heating system
- the annual VB is due: $1440 + $155 service charge = $1,595
- Mr. Singerhouse has been out there numerous times
- it appears to still be occupied
- there is no code compliance inspection report
Shari:
- they are appealing because they have never vacated the house; they have been
living there
- a new furnace was installed; they'd like someone to come out to inspect it so that
they can bring it all up to code and remain at the property
- Mr. Wybierala just begun taking ownership of the house in Jan 2014; prior to that, it
City of Saint Paul Page 18
Legislative Hearings Minutes - Final February 18, 2014
belonged to the estate
Mr. Yannarelly:
- get a code compliance inspection from Mr. Seeger
- thinks that Mr. Singerhouse has discussed that with the owner early on
- he suspected people were living there but no one ever comes to the door
- the furnace was installed without a permit
- the city has a process to go through beginning with a code compliance inspection
- you can apply for the code compliance inspection at 375 Jackson or on-line
- you need to contact Mr. Singerhouse at 651/248-0246
- according to Mr. Singerhouse, there doesn't appear to be a lot wrong with this
property
Ms. Moermond:
- if Mr. Singerhouse thinks this should be a different category and not need a code
compliance inspection, fine; it's his call
- will Lay this Over as a Staff Report to 2:30 pm next Tue, Feb 25, 2014 so the
property owner can connect with Mr. Singerhouse
- will hold the VB fee discussion until then
Laid Over to the Legislative Hearings due back on 2/25/2014 (Staff Report)
Special Tax Assessment Rolls (All for 4/2/14 CPH)
34 RLH AR 14-5 Ratifying the assessments for Collection of Vacant Building Fees billed
May 9 to October 24, 2013. (File No. VB1406, Assessment No.
148805)
Sponsors: Lantry
Referred to the City Council due back on 4/2/2014
35 RLH AR 14-6 Ratifying the assessments for Graffiti Removal services from October
8 to November 19, 2013. (File No. J1405P, Assessment No. 148404)
Sponsors: Lantry
Referred to the City Council due back on 4/2/2014
36 RLH AR 14-7 Ratifying the assessments for Excessive Use of Inspection services
from July 30 to October 25, 2013. (File No. J1402E, Assessment No.
148301)
Sponsors: Lantry
Referred to the City Council due back on 4/2/2014
37 RLH AR 14-8 Ratifying the assessments for Boarding and/or Securing services
during November 2013. (File No. J1405B, Assessment No. 148104)
Sponsors: Lantry
Referred to the City Council due back on 4/2/2014
38 RLH AR 14-13 Ratifying the assessments for Collection of Certificate of Occupancy
City of Saint Paul Page 19
Legislative Hearings Minutes - Final February 18, 2014
Fees billed October 7 to 23, 2013. (File No. CRT1406, Assessment
No. 148205)
Sponsors: Lantry
Referred to the City Council due back on 4/2/2014
11:00 a.m. Hearings
Orders To Vacate, Condemnations and Revocations
39 RLH VO 14-7 Appeal of Quoc Nguyen to a Notice of Condemnation as Unfit for
Human Habitation and Order to Vacate at 685 JENKS AVENUE.
Sponsors: Bostrom
Deny the appeal and grant until March 18, 2014 to come into compliance.
RE: 685 Jenks Avenue (Single Family)
Quoc Nguyen, owner, appeared.
Fire Inspector Paula Seeley:
- received a complaint Feb 7, 2014 about the conditions of the house; she went to
inspect that day
- found excessive storage, clutter, blocked exit doors, combustibles around the
furnace, fireplace, water heater; smelled sewer really bad; was backing up; floor drain
plugged; furnace wasn't working; they were using space heaters with extension
cords; over occupied house; sanitation issues
- she went back with a police officer Fri, Feb 14, 2014 and didn't see much progress
but the furnace was working
- she could not tell whether or not the sewer was unplugged - the floor was quite filthy
around there; there was still a ton of storage in the basement
- the first floor looked pretty good
- noted that the hot water faucet in the bathtub was not working, so, she had to turn it
on at the valve and the water was scalding; she spoke with Mr. Nguyen noting that
the temperature of the water was way too hot; he said that he had turned it up to get
some of the sewer water down
- she is worried about the small children in the house
- this is the 2nd time she has Condemned this house in 2 years
- she gets complaints weekly about stuff in the yard, excessive clutter, etc; now,
there's snow
- she asked Mr. Nguyen to have another furnace Orsat Test done; he said that a dog
had chewed a wire
- she believes that CAPP, Ramsey Action Program, came out there to put in a new
furnace but when they saw the Condemnation, they said that they couldn't touch the
house (Mr. Nguyen: he has the furnace running, so they can come out and do the
testing but until the Condemnation is taken care of, CAPP can't do anything)
Mr. Nguyen:
- the kids were taken out of his custody so, he had the whole weekend and he spent
a lot of time cleaning it out
- the photos in the file are from the first time Ms. Seeley came over; a lot was taken
out by Feb 14
- he will be completely done in the next couple of days and I'll have Ms. Seeley come
City of Saint Paul Page 20
Legislative Hearings Minutes - Final February 18, 2014
over to look
- the heat and the sewer works; the laundry works fine, no back-up
- he has 2 autistic daughters; when he was away for 3 weeks, the furnace went out
and one of his daughters stuffed at least 1000 wet wipes down the toilet; that together
with the heat being off, the pipes got clogged; he had 2 Roto Rooter guys come out
but they broke their snakes; so, he went to Oakdale Rental and rented an industrial
snake, which cleared the pipes; he was told that after he cleared the pipes, he was to
run very hot water thru them, that's way the temperature was turned way up
- Orsat Test was done last year
- he has only the basement to finish clearing out; that area is locked away from the
kids
- has to go back to court next week; by that time, his goal is to have the house all
cleared so he can get his kids back
- he filed an appeal on Fri and on Fri they took his daughters from school
- he has recent photos but he can't figure out his new phone
- he brought a trailer over and got rid of the majority of the clutter
- it's just too much of a hardship; he's on a fixed budget; he can't afford to rely on his
friends all the time because he has 4 daughters and they are a handful; especially
with 2 of them being autistic, 1 screams all the time; they pretty much wear out their
welcome the first or second night; so, he has to go into hotels
- normally, he and his 4 daughters live in the house
- the mother of his children was at the house on Fri because he needed her help;
they are separated
- ages of daughters: 4, 6, 9 and 10; the 2 older daughters are autistic
- until the house is habitable again, three are in foster care and the fourth is with her
aunt
- he can't afford the Orsat Test until Mar 1, 2014
- the heat works now; a dog chewed on the thermostat wire, which he replaced
- all the major issues have been taken care of; more cleaning is left
- it go so cluttered because the sewer had backed up while he was gone; the mother
of his children was watching them while he was gone and so, she couldn't do the
dishes or the laundry; it all pilled up; and she would have needed to move his tools to
get where she wanted to go; he does property management, too; all his tools are in
the basement
- he will send Ms. Moermond photos later today
- he doesn't have his daughters so, he can work much faster
Ms. Moermond:
- she will need Inspector Seeley to go out an do an assessment of the situation
Ms. Seeley:
- most of what's there is tools, machinery
- tools, etc. fill the dining room table
- he had a huge shed where he can store those things
- some kitchen cabinets are missing
- the vanity upstairs needs work
- 2 doors that have been taken off could fall on the kids
- would like to get the furnace checked out - would feel more comfortable with a fire
safety test
Mr. Nguyen:
- he took at lot out to the shed already
- he used to have an automotive shop; he has tools for that and also has construction
tools
- no more danger exists there for them; nothing is obstructing the exits
- there's no longer things around the furnace because it's working
City of Saint Paul Page 21
Legislative Hearings Minutes - Final February 18, 2014
- there's a clear path to the electrical box; everything is moved to the sides
- all combustibles are out in the shed
- there are no heaters and no extension cords
- they can't survive on SSI and 1 child has a strange diet
- the sooner he can get back into the house, the sooner he can get his children back
- the woman didn't even tell him that the furnace was out; if she had, he could have
had one of his friends go over and fix it
- the last time the house was Condemned was just because they had no power and
was because someone had used his identity and ran up a bill; one day he had $1500
added to his bill (he's still in litigation on the identity suit)
Ms. Moermond:
- the Orders show the principal violations that caused the Condemnation; however,
it's unclear as to how DSI wants the violations to be addressed in order to lift the
Condemnation
- asked that Ms. Seeley make a precise list of clear objectives
Ms. Seeley:
- she believes that Mr. Nguyen knows what she is looking for; Mr. Nguyen agreed
Ms. Moermond:
- if you have a Condemnation, the next thing that happens would be that it gets sent
to the Vacant Building Program, which means you'd have to go through a full Code
Compliance Inspection (all trades go through); she believes that Mr. Nguyen wants to
avoid that so, if he can get all the Corrections done to the satisfaction of Inspector
Seeley within 30 days, then, she can lift the Condemnation and he can move back
into the house
- if the Corrections cannot be done within 30 days, the property will be sent to the VB
Program
- it will be her call, so, you need to be on the same page
- Mr. Nguyen can not live at the house until Ms. Seeley lifts the Condemnation; only 8
am - 8 pm
- because there was a problem with the furnace, she thinks an Orsat Test needs to
be done
Mr. Nguyen:
- when the Condemnation gets lifted, CAPP will come out
Ms. Seeley:
- Mr. Nguyen should tell CAPP to call her
Ms. Moermond:
- will recommend denying the appeal and grant an extension to Mar 18, 2014; when
the Condemnation gets lifted, Mr. Nguyen can move back in
Referred to the City Council due back on 3/5/2014
1:30 p.m. Hearings
Fire Certificates of Occupancy
40 RLH FCO 14-28 Appeal of Elon Piche to a Fire Inspection Correction Notice at 1000
ARCADE STREET.
Sponsors: Bostrom
City of Saint Paul Page 22
Legislative Hearings Minutes - Final February 18, 2014
Forthcoming. Legislative Hearing Officer wants to confirm with the building official
on this.
RE: 1000 Arcade Street (Commercial/Apartment-B-Commercial)
Elon Piche, owner, appeared.
Fire Inspector Leanna Shaff:
- Fire Certificate of Occupancy Correction Notice
- inspection was conducted Jan 29, 2014 with a letter dated Feb 5, 2014 by Inspector
Wayne Spiering
- only thing left on the list is a roof permit pulled by property owner in 2011; it was
inspected but not finaled
- the Correction still needs to be made; roof needs to be done correctly and signed off
Mr. Piche:
- when the building inspector inspected the roof in 2011, he just left and said that he
couldn't approve it because Mr. Piche put shingles over shingles; he said the
Ordinance had changed in 2007; Mr. Piche did not know that
- when he bought the permit at DSI, she never told him that he couldn't do it that way;
the inspector said the the counter people sell the permits but don't know the code
- the inspector sent a letter saying it wasn't approved but he didn't say anything about
what he was to do; so, Mr. Piche didn't know that he needed to do anything until the
Fire inspector came for his 3 year fire inspection
- Mr. Piche put on a quality roof; he did it himself; it cost between $5,000-$6,000;
now, the city is asking him to tear it all off and put it in the dumpster; then, spend
$8,000 or $9,000 to have it redone; he hates to throw $5,000-$6,000 into the
dumpster
- the roof is done well and it won't collapse and hurt someone
- he doesn't have the money to rip it off and put on a new one, according to code
- even the building inspector said that what was done, was done nicely and correctly,
except it being done over the previous layer of shingles
Ms. Shaff:
- the Minnesota State Building Code thoroughly addresses that you can't put more
than 1 layer of shingles on a building
- the permit itself tells you what you need to do......1 layer of type 15 cells and 1 layer
of #40 coded roofing or coded glass base.
Mr. Piche:
- he didn't read the permit and if he had, he wouldn't have done it the way that he did
- he takes good care of his building; he's repainted it twice within the last 5 years; has
one of the best garages in the whole neighborhood
- he works in the community to keep it good
- his dad used to be a builders so, he knows that you used to be able to put on a
second layer of shingles
Ms. Moermond:
- will talk with the building official about this
- is wondering if this should be done through a Fire Correction Notice or through
some other enforcement means
- will email Mr. Piche after she has spoken with the building official
- if possible, she would like to not get Mr. Piche's C of O tied up in this
Laid Over to the Legislative Hearings due back on 3/11/2014
41 RLH FCO 14-31 Appeal of Phoua Thao to a Correction Notice - Re-Inspection
City of Saint Paul Page 23
Legislative Hearings Minutes - Final February 18, 2014
Complaint at 1049 ARCADE STREET.
Sponsors: Bostrom
Supervisor Shaff will re-inspect the gutters on 812 Cook and owner of 1049 Arcade
will provide two bids for possibilities of rerouting the gutters elsewhere.
RE: 1049 Arcade Street (General Retail & Service-B-Commercial)
Phoua Thao and Jaa Yang, owners, appeared.
Fire Inspector Leanna Shaff:
- Correction Notice written Feb 5, 2014 by Inspector Mike Urmann
- they received a complaint from code enforcement that the downspouts were
directed onto the public sidewalk, which is now glare ice
- the downspouts need to be re-directed to the back of the building
- Inspector Urmann was there Oct 31, 2013 and wrote Orders dated Dec 5, 2013 -
ordering the work be done
- they had the same type of issue in Mar of last year (Inspector Seeley)
- on the corner of Cook and Arcade
Ms. Thao:
- this is the first Notice that she received from the inspector; she called Inspector
Spiering and asked what was the problem; inspector said that the downspouts
needed to be rerouted
- there is no space to reroute; she doesn't know what they are supposed to do to
re-route
- showed photos
- asked that it be grandfathered-in
- Mr. Spiering suggested calling Public Works about it
Ms. Moermond:
- asked if they had a contractor out to take a look
- hasn't seen a set-up like this before (photos)
- they need a contractor to take a look
Ms. Thao:
- just the roof people, who said that they fixed it to the way it was originally
- the building covers the entire parcel
- in other years, she has called the inspector and they have said that it's not an issue
- they want to cooperate but there's no space to re-route
Ms. Shaff:
- all the buildings are butted up pretty close along there
Ms. Thao:
- there is no mold in the basement
- they did some repairs in previous years
- the neighbors don't have gutters - asked if they were still responsible to maintain it
all (it's a rental house according to Ms. Shaff)
Ms. Moermond:
- this can't continue but how to handle this - will need a contractor
- technically, both properties would be responsible
- asked Ms. Shaff to go take a look
- there's a downspout system on one and not on the other; however, they both have
the same effect of shunting water into the right-of-way
City of Saint Paul Page 24
Legislative Hearings Minutes - Final February 18, 2014
Ms. Shaff:
- she will go out and take a look
Ms. Moermond:
- usually, if the water lands on your parcel, it should go into the ground on your
parcel; this, however, looks like a very old area and the building doesn't have a lot of
room around it
- there are contractors who specialize in how that water gets managed
- perhaps, another set of Orders needs to be issued to 812 Cook (Ms. Shaff: if it
looks like it needs Orders, she will do it)
- she really needs more information
- will Lay this Over for 3 weeks for: 1) Ms. Shaff to look at it; and 2) for Ms. Thao to
get a contractor to look at it and put together some bids (send in the bids)
- Laid Over to Mar 11, 2014
Laid Over to the Legislative Hearings due back on 3/11/2014
42 RLH FCO 14-27 Appeal of Frederic Scofield to a Fire Inspection Correction Notice at
1836 FORD PARKWAY.
Sponsors: Tolbert
Grant until June 1, 2014 for bathroom ceiling to be painted; and grant until March 15,
2014 to get permit finaled on the dryer exhaust duct.
RE: 1836 Ford Parkway (Duplex)
Frederic Scofield, Trustee, appeared.
Fire Inspector Leanna Shaff:
- Fire Certificate of Occupancy inspection Jan 20, 2014 by Inspector Mike Cassidy
- there were 5 deficiencies; 2 are being appealed: 1) dryer vent needs to be done
under permit; and 2) re-painting bathroom ceiling; asking for an extension to Apr or
May when the tenant is out of town
Mr. Scofield:
- noted that it was an extremely intense fire inspection
- inspector told him that a contractor needed to pull a permit and install the dryer vent,
which needs to be inspected; a heating contractor is coming this week to do it
- painting the bathroom ceiling: the tenant is currently pregnant and is also extremely
allergic to the smell of paint; she plans to be out-of- state sometime in Apr/May, so he
is asking for an extension
Ms. Moermond:
- will recommend granting an extension to Jun 1, 2014 to paint the bathroom ceiling
- will recommend granting until Mar 15, 2014 to get the permit finaled on the dryer
exhaust duct
Referred to the City Council due back on 3/5/2014
2:30 p.m. Hearings
Vacant Building Registrations
City of Saint Paul Page 25
Legislative Hearings Minutes - Final February 18, 2014
43 RLH VBR 14-9 Appeal of Lung Tran to a Vacant Building Registration Fee at 555
SELBY AVENUE.
Sponsors: Thao
Waive the Vacant Building fee for 90 days. Owner(s) can go ahead and pull permits.
RE: 555 Selby Avenue (Half Double Dwelling)
My Troung, brother of Lung Tran, owner, appeared.
Sopheak Pho, Project Manager, appeared.
Appealing the Vacant Building fee
Inspector Matt Dornfeld, Vacant Buildings:
- the Fire Certificate of Occupancy was Revoked Feb 1, 2012 by FIre inspector Lisa
Martin
- VB Inspector Dennis Senty opened a Category 2 Vacant Building file Feb 9, 2012
- May 2012, property owner, John Thorsen, appeared here and was awarded out of
the VB Program; he was given some time to rehab but he failed to comply; it
re-entered the VB Program and Mr. Thorsen was given a year extension on his VB
fee
- then, it went into foreclosure
- Jul 13, 2013, it was purchased by Rivertown Development Group LLC: Joe Stein
- 2013-2014 VB fee went to assessment
- Mr. Tran and his group are currently in Reid Soley's Sale Review process
- code compliance inspection was completed Jan 27, 2014
- the only thing left to finish the Sale Review process and get approval of this most
recent sale from Rivertown Dev to the Trans is the VB fee
- Rivertown went through the Sale Review process back in Jul 2013; the Trans
purchased it and are going backwards to get through the Sale Review process
- the only thing that Mr. Soley needs is some clarification on this VB fee moving
forward
Ms. Moermond:
- this VB fee covers Feb 9, 2014 - Feb 8, 2015
Mr. Tran:
- finaled everything in Aug 2013
- now, we want to get permits
- contractors have been out there; bids have been prepared
- rehab should take 2-3 months
- the building is in great condition
- their drawings are done; just need to do the work
Ms. Moermond:
- will recommend waiving the VB fee for 90 days
- afterward, you will be re-billed and we'll go from there
- if the work is not done, we will talk more about the fee
- once the project is finished, you will get a Certificate of Occupancy from the building
official
Referred to the City Council due back on 3/5/2014
Window Variances: No Hearing Necessary
City of Saint Paul Page 26
Legislative Hearings Minutes - Final February 18, 2014
44 RLH FCO 14-24 Appeal of Todd Anderson to a Correction Notice-Complaint Inspection
at 840 BEECH STREET.
Sponsors: Lantry
Grant a 4-inch variance on the ceiling height requirement in Unit 5. (No hearing
necessary)
Referred to the City Council due back on 3/5/2014
45 RLH FOW 14-3 Appeal of Elizabeth A. Gardner to a Correction Notice-Foster Care
Inspection at 1485 HOLTON STREET.
Sponsors: Stark
Grant a 6-inch variance on the openable height of the egress windows in the master
bedroom and grant a 3-inch variance on the openable height of the egress window in
the southside bedroom. (No hearing necessary)
Referred to the City Council due back on 3/5/2014
City of Saint Paul Page 27
Agenda
15 West Kellogg Blvd.
City of Saint Paul Saint Paul, MN 55102
Meeting Agenda - Final-revised
Legislative Hearings
Marcia Moermond, Legislative Hearing Officer
Mai Vang, Hearing Coordinator
Jean Birkholz, Hearing Secretary
legislativehearings@ci.stpaul.mn.us
651-266-8585
Tuesday, February 18, 2014 9:00 AM Room 330 City Hall & Court House
9:00 a.m. Hearings
Special Tax Assessments - Laid Over
1 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-54 No. J1405A, Assessment No. 148504 at 1846 MARSHALL AVENUE.
Sponsors: Stark
2 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-74 No. J1405A, Assessment No. 148504 at 610 MINNEHAHA AVENUE
EAST.
Sponsors: Bostrom
3 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-65 No. J1405A, Assessment No. 148504 at 1232 SEVENTH STREET
EAST.
Sponsors: Bostrom
Special Tax Assessments (ALL FOR CPH ON 4/2/14)
4 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-81 No. CRT1406, Assessment No. 148205 at 96 BATES AVENUE.
Sponsors: Lantry
5 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-114 No. J1402E, Assessment No. 148301 at 351 BATES AVENUE.
Sponsors: Lantry
6 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-98 No. J1402E, Assessment No. 148301 at 1818 BENSON AVENUE.
Sponsors: Tolbert
7 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-85 No. CRT1406, Assessment No. 148205 at 1660 BUSH AVENUE.
Sponsors: Lantry
City of Saint Paul Page 1 Printed on 3/6/2014
Legislative Hearings Meeting Agenda - Final-revised February 18, 2014
8 RLH TA Deleting the Appealed Special Tax Assessment for Real Estate Project
14-82 No. J1405B, Assessment No. 148104 at 675 CHARLES AVENUE.
Sponsors: Thao
9 RLH TA Amending Council File RLH AR 13-113 to delete the assessment for
14-97 Collection of Certificate of Occupancy Fees billed July 4 to August 1,
2013 at 950 CROMWELL AVENUE. (File No. CRT1403, Assessment
No. 148202)
Sponsors: Stark
10 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-99 No. J1402E, Assessment No. 148301 at 259 CURTICE STREET EAST.
Sponsors: Thune
11 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-109 No. J1402E, Assessment No. 148301 at 1153 EDMUND AVENUE.
Sponsors: Thao
12 RLH TA Deleting the Appealed Special Tax Assessment for Real Estate Project
14-106 No. J1402E, Assessment No. 148301 at 944 EUCLID STREET.
Sponsors: Lantry
13 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-100 No. J1402E, Assessment No.148301 at 1635 FREMONT AVENUE.
Sponsors: Lantry
14 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-88 No. VB1406, Assessment No. 148805 at 226 GROTTO STREET
NORTH.
Sponsors: Thao
15 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-115 No. VB1406, Assessment No. 148805 at 560 GROTTO STREET
NORTH.
Sponsors: Thao
16 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-89 No. J1402E, Assessment No.148301 at 534 JENKS AVENUE.
Sponsors: Brendmoen
17 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-93 No. J1402E, Assessment No. 148301 at 128 JESSAMINE AVENUE
EAST.
Sponsors: Brendmoen
18 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-94 No. VB1406, Assessment No. 148805 at 322 LARPENTEUR AVENUE
WEST.
Sponsors: Brendmoen
City of Saint Paul Page 2 Printed on 3/6/2014
Legislative Hearings Meeting Agenda - Final-revised February 18, 2014
19 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-148 No. J1402E, Assessment No.148301 at 1052 MACKUBIN STREET.
Sponsors: Brendmoen
20 RLH TA Deleting the Appealed Special Tax Assessment for Real Estate Project
14-84 No. VB1406, Assessment No. 148805 at 1091 MINNEHAHAH AVENUE
EAST.
Sponsors: Lantry
21 RLH TA Deleting the Appealed Special Tax Assessment for Real Estate Project
14-103 No. J1402E, Assessment No. 148301 at 2054 MONTREAL AVENUE.
Sponsors: Tolbert
22 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-83 No. VB1406, Assessment No. 148805 at 2214 REANEY AVENUE.
Sponsors: Lantry
23 RLH TA Deleting the Appealed Special Tax Assessment for Real Estate Project
14-91 No. J1402E, Assessment No.148301 at 736 ROSE AVENUE EAST.
Sponsors: Bostrom
24 RLH TA Deleting the Appealed Special Tax Assessment for Real Estate Project
14-111 No. J1402E, Assessment No. 148301 at 610 ST. ALBANS STREET
NORTH.
Sponsors: Thao
25 RLH TA Deleting the Appealed Special Tax Assessment for Real Estate Project
14-86 No. VB1406, Assessment No. 148805 at 1274 SAINT CLAIR AVENUE.
Sponsors: Tolbert
26 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-92 No. J1402E, Assessment No.148301 at 1186-1188 SEVENTH STREET
EAST.
Sponsors: Bostrom
27 RLH TA Deleting the Appealed Special Tax Assessment for Real Estate Project
14-96 No. J1405P, Assessment No.148404 at 652 STRYKER AVENUE.
Sponsors: Thune
28 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-112 No. J1402E, Assessment No. 148301 at 855 TUSCARORA AVENUE.
Sponsors: Thune
29 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-107 No. J1402E, Assessment No. 148301 at 895 WAKEFIELD AVENUE.
Sponsors: Lantry
30 RLH TA Deleting the Appealed Special Tax Assessment for Real Estate Project
14-95 No. J1402E, Assessment No. 148301 at 676 WELLS STREET.
Sponsors: Bostrom
City of Saint Paul Page 3 Printed on 3/6/2014
Legislative Hearings Meeting Agenda - Final-revised February 18, 2014
31 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-87 No. CRT1406, Assessment No. 148205 at 409 WHEELER STREET
NORTH.
Sponsors: Stark
32 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-108 No. J1402E, Assessment No. 148301 at 419 WHITALL STREET. (To be
referred back to Legislative Hearing on April 15, 2015 and City Council
Public Hearing on May 7, 2014)
Sponsors: Brendmoen
33 RLH TA Ratifying the Appealed Special Tax Assessment for Real Estate Project
14-113 No. VB1406, Assessment No. 148805 at 427 WHITALL STREET.
Sponsors: Brendmoen
Special Tax Assessment Rolls (All for 4/2/14 CPH)
34 RLH AR 14-5 Ratifying Collection of Vacant Building fees billed May 9 to October 24,
2013. (File No. VB1406, Assessment No. 148805)
Sponsors: Lantry
35 RLH AR 14-6 Ratifying Graffiti Removal services during October 8 to November 19,
2013. (File No. J1405P, Assessment No. 148404)
Sponsors: Lantry
36 RLH AR 14-7 Ratifying Excessive Use of Inspection services during July 30 to October
25, 2013. (File No. J1402E, Assessment No. 148301)
Sponsors: Lantry
37 RLH AR 14-8 Ratifying Boarding and/or Securing Services during November 2013.
(File No. J1405B, Assessment No. 148104)
Sponsors: Lantry
38 RLH AR Ratifying Collection of Certificate of Occupancy fees billed October 7 to
14-13 23, 2013. (File No. CRT1406, Assessment No. 148205)
Sponsors: Lantry
11:00 a.m. Hearings
Orders To Vacate, Condemnations and Revocations
39 RLH VO Appeal of Quoc Nguyen to a Notice of Condemnation as Unfit for
14-7 Human Habitation and Order to Vacate at 685 JENKS AVENUE.
Sponsors: Bostrom
1:30 p.m. Hearings
Fire Certificates of Occupancy
City of Saint Paul Page 4 Printed on 3/6/2014
Legislative Hearings Meeting Agenda - Final-revised February 18, 2014
40 RLH FCO Appeal of Elon Piche to a Fire Inspection Correction Notice at 1000
14-28 ARCADE STREET.
Sponsors: Bostrom
41 RLH FCO Appeal of Phoua Thao to a Correction Notice - Re-Inspection Complaint
14-31 at 1049 ARCADE STREET.
Sponsors: Bostrom
42 RLH FCO Appeal of Frederic Scofield to a Fire Inspection Correction Notice at
14-27 1836 FORD PARKWAY.
Sponsors: Tolbert
2:30 p.m. Hearings
Vacant Building Registrations
43 RLH VBR Appeal of Lung Tran to a Vacant Building Registration Fee at 555
14-9 SELBY AVENUE.
Sponsors: Thao
Window Variances: No Hearing Necessary
44 RLH FCO Appeal of Todd Anderson to a Correction Notice-Complaint Inspection at
14-24 840 BEECH STREET.
Sponsors: Lantry
45 RLH FOW Appeal of Elizabeth A. Gardner to a Correction Notice-Foster Care
14-3 Inspection at 1485 HOLTON STREET.
Sponsors: Stark
City of Saint Paul Page 5 Printed on 3/6/2014