Legislative Hearings
Regular MeetingSt. Paul, MN · January 19, 2016
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 19, 2016 9:00 AM Room 330 City Hall & Court House
9:00 a.m. Hearings
Special Tax Assessments
1 RLH TA 16-29 Deleting the Appealed Special Tax Assessment for Property at 1741
ASHLAND AVENUE (File No. CRT1605, Assessment No. 158204).
Sponsors: Stark
Delete the assessment; inspector entry error.
Referred to the City Council due back on 3/2/2016
2 RLH AR 15-108 Ratifying Demolition services from September 2015 at 1404
BARCLAY STREET (File No. J1604C, Assessment No. 162003)
Sponsors: Bostrom
Approve; no show.
Referred to the City Council due back on 3/2/2016
3 RLH TA 16-7 Ratifying the Appealed Special Tax Assessment for Property at 970
EUCLID STREET (File No. 1602T, Assessment No. 169001).
Sponsors: Finney
Approve; property owner called and wants to reschedule. This is the 3rd time so
reschedule was denied. Told to go to City Council.
Ms. Moermond:
-the original hearing was scheduled for Jan 5, 2016; it was re-scheduled to Jan 19
(today); no one is here; she is welcome to come to the City Council Public Hearing
Inspector Karl Mueller, Parks. Forestry:
-this is an assessment for 2 diseased trees (7" wide & 3" wide) dated Jul 8, 2015;
compliance Aug 5; re-checked Aug 10
-given to contractor; work done Oct 19, 2015
-cost: $219 + $161.45 service charge = $380.45
-no returned mail
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Legislative Hearings Minutes - Final January 19, 2016
Ms. Moermond:
-there was 9-10 weeks Notice for this to have happened
-no communication from property manager during this time period
-will recommend approval of this assessment
Referred to the City Council due back on 2/17/2016
4 RLH TA 16-4 Deleting the Appealed Special Tax Assessment for Property at 495
FRED STREET (File No. J1604B, Assessment No. 168103).
Sponsors: Brendmoen
Faith Kruger, owner, appeared.
Inspector Joe Yannarelly:
-this is an assessment for an emergency boarding requested by SPPD Sep 11, 2015
at 5:30 pm for an unsecured garage door
-cost: $75 + $160 service charge = $235
Mr. Kruger:
-tenant started renting last Dec 2014 and she was arrested late Mar, early Apr 2015;
and she left children behind (16, 14, 12 yr old)
-she had been told that someone was going to be there with the children; then, it
appeared that there wasn't, so, she called Children's Welfare; they said that they
couldn't do anything without the police doing a welfare check; so, she called the
police, who couldn't get in (long before Sep)
-she doesn't know anything about the garage being boarded up
-Sep 20, 2015, the tenant on the other side called her and said that the front door
was open on the 495 Unit and there was also a broken window
-she had called the police on occasions because the kids were running amuck
-she met SPPD out there and they went thru the house; no one was there
-she had her maintenance man come and board up all the windows; and put new
locks on the door
-does not know anything about the garage
Ms. Moermond:
-Mai is printing the police report
-read police report: Sep 11, 2015 at 1:30 pm -we've got a call in about teenagers
climbing in window of vacant house - 2 black males and 1 black female; complainant
has no description and wants to remain anonymous; on-going issues with juveniles at
this house; complainant is watching from ?? - barefoot female run up complainant's
driveway saying, "Dogs were chasing her;" no dogs were following her; then, she ran
down the street toward Payne; suspect light black female wearing grey, pink and
orange tank top and blue jeans
-some burglary going on
-call for board-up - this doesn't tell her what's going on with the garage
Ms. Kruger:
-the kids were causing problems so, she requested the neighbors call the police any
time there was something going on; she was trying to get them out; finally, the mom
was out of jail and she served her with eviction; gave her a 30-day notice to get her
stuff out but she didn't
-her garage doesn't have any windows; the power to the garage was shut off
Mr. Yannarelly:
-the cop's could have meant the house; 3 windows were screwed shut
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Legislative Hearings Minutes - Final January 19, 2016
Ms. Kruger:
-I don't know
-the place is not rented yet
-she was over there washing and boxing up clothes, etc.
Ms. Moermond:
-our invoice seems to be incorrect, as written
-is not reading anything in the police report indicating that they had made an attempt
to contact you, which is their responsibility to do; this is during the afternoon (1:30 -
5:30 pm); they had plenty of opportunity to contact you
Ms. Kruger:
-has invoice from Sep 20 Home Solutions, boarding up windows and changed locks
Ms. Moermond:
-this is from Sep 11, a week earlier
-will recommend this assessment be deleted
-she would not be deleting it if she saw that there was an attempt to contact you;
she's not seeing that; is seeing an invoice that isn't written correctly; if the garage has
no windows, this is really silly
Delete the assessment.
Referred to the City Council due back on 2/17/2016
5 RLH TA 16-36 Ratifying the Appealed Special Tax Assessment for Property at 171
GRANITE STREET (File No. CRT1605, Assessment No. 168204).
Sponsors: Brendmoen
Layover to 2/16 at 10:30 so staff can give a staff report before 11:00 hearing.
Laid Over to the Legislative Hearings due back on 2/16/2016
6 RLH TA 16-24 Ratifying the Appealed Special Tax Assessment for Property at 1853
HAWTHORNE AVENUE EAST (File No. J1605A, Assessment No.
168504).
Sponsors: Bostrom
Approve; no show.
Referred to the City Council due back on 2/17/2016
7 RLH TA 16-33 Ratifying the Appealed Special Tax Assessment for Property at 1358
HAZELWOOD STREET (File No. CRT1605, Assessment No.
168204).
Sponsors: Bostrom
Thai Xiong, owner, appeared.
Fire Inspector Leanna Shaff:
-Fire Certificate of Occupancy inspection
-cost $340 + $155 service charge = $495
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Legislative Hearings Minutes - Final January 19, 2016
-appointment letters sent: 12/15/14. 3/2/15, 4/20/15 and 5/14/15
-correction Orders sent: 6/2/15 and 7/2/15
-it was complied with: 8/3/15
-billing dates: 8/5/15, 9/4/15, and twice on 10/27/15 (one to property owner and one
to HUD
-no returned mail
-all letters and Orders including the first Correction Ltr and third bill were sent to:
HUD
-the second Correction Ltr and first 3 bills were sent to: Thai Xiong, 7053 Upper 36th
St N, Oakdale, MN
-the inspector was working with HUD and consequently, the property owner
-property owner made a late payment after it was sent to assessment
-DSI applied part ($50) of the payment toward the provisional fee and refunded the
remaining amount ($340) to the owner
-in the meantime, the owner has received the refund for $340; that is now the amount
being assessed plus the service charge of $155, which = $495
-DSI recommends deleting the service charge, which would = $340 total
Note: both Ms. Xiong and Ms. Shaff were very difficult to understand after Ms.
Shaff's staff report
Ms. Xiong:
-she bought the house Mar 19, 2015
-the first time the inspector came, she had received the appointment letter
-the second time, he just showed up with a knock on the door
-the third time, he sent me a letter ..............
Ms. Shaff:
-part of that issue maybe, was because we weren't informed of the responsible party
at that time
Ms. Xiong:
-when she received the bill, she was confused; she decided to make payment on Nov
18
-notified of new owner (inserted by Ramsey County) on Mar 28, 2015
-on Jul 2, 2015, the letter was sent to Thai XIong and the billing went to both
-on Aug 2, it would have been approved
Ms. Moermond:
-you were unaware of the previous appointment because HUD was receiving notice
-you closed with HUD Mar 19, 2015
-so, Ms. Xiong was notified -given the Correction letter Jul 2 and she had things fixed
within 1 month on Aug 3, 2015; we're also dealing with HUD, a beast to deal with
because they are the federal government and they don't own responsibility under
local codes; so, they blow it off
-once you did get notification, you took care of business within 1 month
-there are 2 re-inspection fees here
-she'd like to delete the re-inspection fees and the admin fee as recommended by
Fire staff; and approve the assessment of $170
-don't pay anybody until you receive an invoice in the mail; it will come about by Mar
10, 2016
Reduce from $495 to $170.
Referred to the City Council due back on 3/2/2016
8 RLH TA 16-17 Deleting the Appealed Special Tax Assessment for Property at 902
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Legislative Hearings Minutes - Final January 19, 2016
JESSAMINE AVENUE EAST (File No. J1605A, Assessment No.
168504).
Sponsors: Bostrom
Delete the assessment as the summary abatement order failed to generate and was
never sent to the property owner. (No hearing necessary)
Referred to the City Council due back on 2/17/2016
9 RLH TA 16-31 Ratifying the Appealed Special Tax Assessment for Property at 792
LAKE STREET (File No. J1605E, Assessment No. 168304).
Sponsors: Prince
Sandra Nelson, owner, appeared.
Inspector Paula Seeley:
-Summary Abatement Order issued Aug 26; compliance Sep 1; re-checked Sep 1
-Parks went out Sep 3 and the work had been done
-Excessive Consumption fee: $120 + $35 = $155 (PAEC bill)
-remove all car parts, wood, tree debris, furniture, mattresses and debris from the
property
-sent to Sandra M. Nelson, 792 Lake St, St. Paul; and Occupant
-history: Apr 29, 2015-had a burning complaint; Sep 8, 2015 -back yard full of junk;
Dec 30, 2013 - every year we get a complaint on this property
Ms. Nelson:
-they did everything that was on the sheet
-she is appealing because of her low income
-she is on disability
Ms. Moermond:
-she cannot do anything based on income because this isn't an income based
system; it's cost for services
-the work crew had a wasted trip
-why didn't your son take care of this
Ms. Nelson:
-her son that lives with her gets GA because he's ____; he gets only $200/month
-we both living on not much money
-it was cleaned up before the deadline
Ms. Moermond:
-it was cleaned up before the crew showed up but not before the deadline
-you have Orders coming about once every year to clean up the yard
Ms. Seeley:
-the deadline was Sep 1, 2015; Inspector Martin sent a Work Order and sent photos
on Sep 1, 2015
-all viewed the photos taken on Sep 1
Ms. Nelson:
-she doesn't believe that those pictures were taken on Sep 1
-her disabled son has been there 2 years now; it's a problem with him because he's
mentally ill, too; it's very hard for her
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Legislative Hearings Minutes - Final January 19, 2016
Ms. Seeley:
-the police were out there Sep 2014 about scrapping and the son living and sleeping
in the car
Ms. Nelson:
-she didn't want him living with her; she didn't want to take care of him, he's 42 years
old
-so, he was sleeping in the car; it was getting too cold in the fall and she couldn't
leave him out there
-she has a mortgage and is a little behind on the property taxes
-she had a student loan and they took that money out of her monthly Social Security
check and they took her tax money
-it's harder to maintain
Ms. Moermond:
-the city did have to deploy a crew
-she will divide the payments over 2 years
Approve and spread over 2 years
Referred to the City Council due back on 3/2/2016
10 RLH TA 16-25 Ratifying the Appealed Special Tax Assessment for Property at 823
LAUREL AVENUE (File No. CRT1605, Assessment No. 168204).
Sponsors: Thao
Reduce from $591 to $218 to correct billing. (No one appeared)
Referred to the City Council due back on 3/2/2016
11 RLH TA 16-32 Deleting the Appealed Special Tax Assessment for Property at 794
MARYLAND AVENUE EAST (File No. J1605E, Assessment No.
168304).
Sponsors: Bostrom
Mark Klinkner, owner, appeared.
Inspector Paula Seeley:
-Excessive Consumption fee
-Summary Abatement Order issued for failure to maintain exterior or the property Sep
10; compliance Sep 14; re-checked Sep 16 - it was still there
-inspector issued a EC for $120 + $35 service charge = $155
-sent to Mark D. Klinkner/Elizabeth M. Klinkner, 114092 Dearborn Path, Rosemount
MN; and Homes For Now, 14870 Granada Ave, Ste 288, Apple Valley; and Occupant
-Remove large quantity of garbage, rubbish and refuse including headboards,
mattress, chair and shopping cart strewn around garage area
-the inspector accidently sent out EC multiple; should have been EC noncompliance
Mr. Klinkner:
-he got a call from the inspector
-they had a person moved out, who left some garbage - didn't put it into the container
-a company in Mpls does all his maintenance; he called them and they got over there
within 2 hours and cleaned it up
-he is trying to improve the area; he took a vacant property and improved it; it irritates
him to be charged $120 for an excessive fee; he remodeled the house, spent a lot of
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Legislative Hearings Minutes - Final January 19, 2016
money; is paying taxes of $1296; paying maintenance assessment of $177.20;
paying a storm sewer charge of $72.41 every year; C of O fees;
-he responded within 2 hours; there's something really wrong here; he's aggitated
about it
Ms. Seeley:
-reading over inspector's note and he sent the EC before the compliance date on the
Summary Abatement letter; so, she recommends deleting this; he sent it on the 10
and the compliance day was the 14; eventhough he thought it was a multiple; it
wasn't a multiple
Ms. Moermond:
-recommends deleting it
Delete.
Referred to the City Council due back on 3/2/2016
12 RLH TA 16-18 Ratifying the Appealed Special Tax Assessment for Property at 2138
SCENIC PLACE (File No. J1602A1, Assessment No. 168510).
Sponsors: Prince
Approve; no show.
Referred to the City Council due back on 2/3/2016
13 RLH TA 16-30 Ratifying the Appealed Special Tax Assessment for Property at 749
SIMS AVENUE (File No. J1605A, Assessment No. 168504).
Sponsors: Bostrom
Mai Yang and Vincent Vang, tenants, appeared.
Inspector Paula Seeley:
-Summary Abatement issued Oct 23; compliance Oct 27; re-checked Oct 29
-work done Oct 29 for a cost of $160 + $160 service charge = $320
-no returned mail
-sent to Steve Vue/Moua H. Vou, 350 Main St, Circle Pines, MN; Steven Vue, 2161
Suburban Ave, St. Paul, MN; and Occupant
-there's a pending EC
-cut & remove tall grass, weeds & rand plant growth; tall grass & weeds remain on
property, mostly in back yard, on blvd by tree and along stairs
-history: several tall grass/weeds & snow complaints
Mr. Vang:
-the landlord, Steve Vue, receives the letters and he doesn't notify us
-he provides us with the lawn mower but it can't cut the weeds along the neighbor's
fence and along the house
-he had already mowed the lawn the week before this
-landlord came in Nov and gave us these letters and told us we had to pay
Ms. Yang:
-she rented this thru Moua Vue; she pays her rent to Ms. Vue at work
Ms. Seeley:
-the Notice was sent to the Occupant, too; and there was no returned mail
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Legislative Hearings Minutes - Final January 19, 2016
Ms. Moermond:
-the city sent Notice to the owner and also to Occupant, which is you guys; the owner
is held responsible; it's his property; it will go onto his taxes; he will get the invoice
-she doesn't know if there's a provision in the tenants' lease about this type of
circumstance; check your lease
Ms. Yang:
-she doesn't know about the lease but they told us that they wanted us to help them
with some things
Ms. Moermond:
-this work wasn't taken care of so, the city crew did the work
-the city did give Notice to the responsible party
-you can tell the owner that if he wants to appeal it further, he came come to the City
Council's Public Hearing on this, Feb 17, 2016 at 5:30 pm
-will recommend approval of this assessment
Ms. Yang:
-the inspector told us that the SA for picking up a fish tank had been dropped; she
wants to know it that is true
Ms. Seeley:
-that was done by owner
-there may be a PAEC (Mai Vang: that is scheduled for LH Feb 16, 2016; the Notice
will go only to the owner)
Ms. Yang:
-our lease expires the end of Feb 2016; she doesn't know if they are going to stay
Approve the assessment.
Referred to the City Council due back on 2/17/2016
14 RLH TA 16-26 Ratifying the Appealed Special Tax Assessment for Property at 1034
SUBURBAN AVENUE (File No. CRT1605, Assessment No. 168204).
Sponsors: Prince
Aaron Schumm, new property manager as of Sep 1, 2015, appeared.
Fire Inspector Leanna Shaff:
-FIre Certificate of Occupancy inspection of a 17-unit building
-cost: $1207.50 + $155 service charge = $1362.50
-appointment letter: 1/23/15
-correction letters: 2/26, 3/27, 4/27, 5/28, 6/18 and 8/3/2015
-was approved with corrections on 8/24/15
-billing dates: 8/26 and 9/15/15
-no returned mail
-all letters, orders & billings sent to Matt Bartlett, PO Box 16542, St. Paul MN
Mr. Schumm:
-the property runs on a very slim margin; and their objective is to provide affordable
house; the property has a lot of deferred maintenance so they are trying to reallocate
all profits to fix it up because it's an old property
-the appeal is more of a plea - that money would be better spent on fixing up the
property than spending money on the mistake of the previous property manager; they
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Legislative Hearings Minutes - Final January 19, 2016
were doing a very poor job
-since we have taken over in Sep, they have fixed a lot of things; they want to provide
a healthy, safe place for tenants to live
Ms. Shaff:
-the inspection fee for Aug 24 has already been removed
Ms. Moermond:
-the city did send out an inspector each time and the work wasn't done
-will recommend approval of the assessment
Approve the assessment.
Referred to the City Council due back on 3/2/2016
15 RLH TA 16-28 Deleting the Appealed Special Tax Assessment for Property at 421
SUMMIT AVENUE (File No. J1605P, Assessment No. 168404).
Sponsors: Thao
Delete; waiver on file.
Referred to the City Council due back on 3/2/2016
16 RLH TA 16-23 Deleting the Appealed Special Tax Assessment for Property at 2328
TERRITORIAL ROAD (File No. J1605P, Assessment No. 168404).
Sponsors: Stark
Delete; waiver on file.
Referred to the City Council due back on 3/2/2016
17 RLH TA 16-3 Ratifying the Appealed Special Tax Assessment for Property at 663
THOMAS AVENUE (File No. J1605A, Assessment No. 168504).
Sponsors: Thao
Need staff report. Received a response from Mark Kaisersatt stating this property is
not in his district and he doesn't recall talking to property owner. Waiting for Sean
Westenhofer's response.
Follow-Up: Nothing in staff notes indicates communication on this with the
owner/owner staff. -MM
Referred to the City Council due back on 2/17/2016
18 RLH TA 16-27 Ratifying the Appealed Special Tax Assessment for Property at 550
VANDALIA STREET (File No. CRT1605, Assessment No. 168204).
Sponsors: Stark
Reduce from $5537 to $3726, per DSI bokkeeping correction. (No one was present
for hearing)
Referred to the City Council due back on 3/2/2016
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Legislative Hearings Minutes - Final January 19, 2016
19 RLH TA 16-35 Ratifying the Appealed Special Tax Assessment for Property at 1809
YORKSHIRE AVENUE. (File No. J1603C, Assessment No. 162002.)
Sponsors: Tolbert
Inspector Joe Yannarelly:
-they sent in the gold card; they weren't disputing the fee; they were looking to have
the amount spread over time
Ms. Moermond:
-will recommend approval spread over 3 years
Owner was not present but asked to have payments spread over number of years.
Ms. Moermond recommends approval of the assessment and spread over three
years.Owner was not present but asked to have payments spread over number of
years.
Referred to the City Council due back on 3/2/2016
Special Tax Assessments - ROLLS
20 RLH AR 15-104 Ratifying Collection of Fire Certificate of Occupancy fees billed during
August 8 to September 11, 2015. (File No. CRT1605, Assessment No.
168204)
Sponsors: Stark
Referred to the City Council due back on 3/2/2016
21 RLH AR 15-105 Ratifying Excessive Inspection/Abatement services billed during
August 24 to September 25, 2015. (File No. J1605E, Assessment No.
168304)
Sponsors: Stark
Referred to the City Council due back on 3/2/2016
22 RLH AR 15-107 Ratifying Demolition services from July to August 2015. (File No.
J1603C, Assessment No. 162002)
Sponsors: Stark
Referred to the City Council due back on 3/2/2016
23 RLH AR 15-106 Ratifying Graffiti Removal services during October 14 to November 9,
2015. (File No. J1605P, Assessment No. 168404)
Sponsors: Stark
Referred to the City Council due back on 3/2/2016
11:00 a.m. Hearings
Summary Abatement Orders
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11:30 a.m. Hearings
Correction Orders
24 RLH CO 16-2 Appeal of Mark Santi, Imperial Vapor, LLC, to a Correction
Notice-Complaint Inspection, including Condemnation at 841 GRAND
AVENUE.
Sponsors: Noecker
Following appeared:
Mark Santi, Thompson Hall Law Firm, on behalf of Imperial Vapor LLC, The Wengler
Family Limited Partnership, owner .
Dan Niziolik, Deputy Director; Wendy Lane, Zoning Administrator, Dept of Safety &
Inspections (DSI); and 3 others from DSI.
Fire Inspector A. J. Neis:
-Fire Certificate of Occupancy Referral Correction Notice issued by Mr. Neis
-he was informed by the dept that 841 Grand had a recent determination by the
Board of Zoning Appeals (BZA); it was not approved for them to operate due to
Zoning Ordinances cited in Correction Notice; when he was advised of that, he was
told to take appropriate enforcement action; therefore, he researched what the most
appropriate applicable codes were
-he went out to the building and placarded the building as Condemned, an illegal
occupancy; he advised the gentleman, who was operating there, that the business
had to close at that time; since then, the Orders have been appealed so the Orders
are stayed
-the final decision of the BZA was Aug 18, 2015; the vote was 5-2; no appeal was
filed on the BZA decision
-we also have DSI staff here from Zoning and Licensing
-under the Ordinance, a tobacco store or someone selling electronic cigarettes or
devices are used to dispense or use nicotine are not permitted within at least a half
mile of another shop; there's another tobacco retailer within a half mile of 841 Grand;
so, therefore, this shop would not be able to operate; it is his understanding that they
understood that when they first applied for their licensing; they opened business
without a license, from his understanding
-they tried to explain that they are not a retail establishment but an online distributor,
where someone purchases product on the Internet and goes to the shop to pick it up;
there were 2, if not 3 occurances where that was found to be inaccurate of the way
that they were operating
-has a police report conducted by SPPD Vice Unit were advised that this business
was not complying with Zoning regulations so they went out and did a Controlled buy;
they sent an undercover officer into the building; he met one of the business owners
and went to purchase some e-cigarette liquid with an ipad; went back inside and was
given the product
-another purchase in which the customer was told that first time customers were not
charged taxes on their first purchase
-there was another Controlled buy by DSI staff
-they have been operating without a license
Ms. Moermond:
-because the police reports were written, has there been any other enforcement
action through the court system?
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Mr. Neis:
-from his understanding, there has been at least 1 criminal citation issued
-his enforcement action is based on the operation of an establishment that's in
violation of the zoning code; therefore, under the Fire Certificate of Occupancy, it
would be an establishment with illegal occupancy
Dan Niziolik, DSI, Deputy Director; was also serving as licensing manager at the time
of a number of these purchases:
-based on those purchases, there are 2 criminal citations going forward, which the
City Attorney's Office is working through
-online vs shop sale: Chap 324 - Tobacco Ordinance says that no person shall sell
or offer for sale at retail within the city any tobacco or any manner represent or hold
himself or herself out as one who sells or offers for sale at retail any tobacco or
maintain a tobacco vending machine for the sale of tobacco without a license
-for definition sake: sale means and includes any transfer, traditional or otherwise, of
title or possession; speaking to the fact that the transactions that happened clearly
were a transfer of possession of a tobacco product as defined in city ordinance, did
occur, which would require license, and no license was present on 3 separate
occasions that city staff went in to purchase tobacco related items
Mr. Santi:
-(all documents are attached)
-he and his clients think that, respectfully, in this particular situation, the city has it
wrong; criminal proceedings have been initiated; his clients are 2 young
entrapenuers, who are trying to made a go of a business in the city
-Condemnation proceedings: the Notice made reference to the Zoning issue; there's
no reference to the licensing issue; the licensing issue arises under the code, section
324; he does object to any consideration of the licensing issue
-under 65.535 zoning: his clients are not a tobacco product shop; it's a new
technology; it confuses him and a lot of people
-this is a simple, rudimentary electronic device; it's a battery pack and also a
vaporizer; it simply sends electrical current to any sort of liquid; this can be sold
anywhere and does not require any licensing, whatsoever
-we also have e-juice: the juice that's placed into e-cigarettes and then turned into
some sort of vapor; the question is, "Should that be banned, prohibited; does it meet
the definition of tobacco product shop?" Simply, it does not; tobacco product shop is
defined under section 65.535 (long, winding definition):
we are a retail establishment with the principal entrance door opening directly to the
outside that is operating within one half mile of another product shop
-the 3rd prong: Do we sell loose tobacco, plants, herbs,,,,cigars, cigarettes, pipes,
other smoking devices for burning tobacco, related smoking accessories? "No" and
in which the sale of other products is merely incidental - that's all we are selling - is
other products (vaporizer)
-we are simply not a tobacco product shop; there is not a zoning issue
-the city wants to say, "Well, you applied for a variance from that zone, so, perhaps
that's some sort of implicit admission that you needed a variance." It's a red herring
because all that matters is that business is actually being conducted
-the city has brought nothing in here today to show that loose tobacco, plants, herbs,
cigarette, pipes and other smoking devices for burning tobacco and related smoking
accessories are being sold on the premises; they can't do that because they're not
-pointed out that the city told them that they needed to apply for a variance; maybe
because of confusion of what was being sold; but the fact that they applied for a
zoning variance and that it was denied is not why we're here today
-also pointed out that in their application for the zoning variance, page 5, they stated
that Imperial Vapor will NEVER sell tobacco products.......
-these proceedings, the criminal proceedings would be appropriate if Imperial Vapor
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Legislative Hearings Minutes - Final January 19, 2016
were selling those products
-the fact that the city wants to say that they applied for this variance so they must
think that they need a variance; he is saying that they never needed a variance; they
knew they never needed a variance; the only reason they applied for one is because
the city told them that they needed a variance (I wasn't involved at that juncture or I
would have told them that they didn't need a variance)
-his clients actions then is consistent with their actions now, which is to not sell
tobacco products
-he was not at the BZA mtg but he read the minutes; thought it was interesting that
the city focused the debate on "Do we offer a variance to this business?", which
technically, would then allow them to actually sell tobacco products, which they had
no intention of doing because they are not a tobacco product shop
-from reading the BZA minutes, it seemed as though some people there sympathized
with his clients saying it looks like what you're doing may not be selling tobacco and
you promised that you wouldn't but we can't accept that promise because if we issue
that variance, you could then, actually go ahead and sell tobacco and tobacco
products and then there'd be shops in too close proximity selling tobacco
-that is the focus of this appeal because the Notice of Condemnation is only
supposed to apply to the zoning issue; and what matters for a Condemnation that's
occurring now, is what's taking place at the premise now; and that is not selling
tobacco
-certainly a license would be required if tobacco were to be sold (section 324.01),
which begs the question, "What is tobacco?"
-definition of tobacco: .... snorted, sniffed, ingested, granulated, etc.. .. ......... but
we're not selling any of those things
-the definition of tobacco winds down to a 2013 amendment, which says, tobacco
includes electronic cigarettes containing or delivering nicotine..... something you can
take and smoke; we don't sell that; Imperial Vapor does not sell that and the city has
not shown that we sell that; thinks that the City Council chose that wording for a
reason and that wording needs to be upheld and respected
-Imperial's business operations are completely lawful under the zoning and licensing
ordinances; therefore, the Condemnation is not proper; and even though this action is
supposed to be in abeyance, there is still a big, ugly Condemnation sign on the
building and it should not be
Ms. Moermond:
-that sign can be removed until the City Council makes its decision on this matter
-whenever an appeal is filed, enforcement is stayed under the Legislative Code
Ms. Lane, Zoning Administrator, DSI:
-on Jul 27, 2015, Jacob Ernstein applied for a variance on behalf of Imperial Vapor,
the lessee at the property at 841 Grand Avenue; the request was for a variance of the
required half mile separation from another tobacco shop; the location ia 1282 feet
away instead of the required 2640 feet
-the Board of Zoning Appeals considered it on Aug 17 and they denied the variance
request for 2 reasons: 1) there were no practical difficulties in finding a location that
met the half mile separation; and 2) there wasn't anything unique to this particular
property that would constitute a plight to the application
-there was considerable discussion from the board about the difference between
different types of tobacco shops
-the resolution was sent Aug 18 denying the variance; there is a 10-day appeal
period; the applicant did not file an appeal within that 10-day period, so the BZA's
decision was finaled
-when they originally came in, they were inquiring about a tobacco license; our
Zoning staff said, if it's a tobacco license; it's a tobacco shop and it has to meet this
half mile separation from an existing tobacco shop
City of Saint Paul Page 13
Legislative Hearings Minutes - Final January 19, 2016
-the license ordinance was changed to amend the City Council's position that
e-cigarettes should be considered the same as tobacco; the application came in as a
tobacco shop and we processed it as such and the BZA made a decision on that
Mr. Santi:
-asked what the city's point is in raising all of that; we applied for a variance and we
did not receive one; how does that.....
Ms. Moermond:
-explained that it was procedural
Santi:
-clarified the fact that the variance was applied for and denied, he believes, is
completely irrelevant to our proceedings here today; there's been a Notice of
Condemnation; it's based on a violation of an ordinance saying that if you are a
tobacco product shop, you cannot be a certain distance from another tobacco shop;
the question is, "Is that occurring?" Our answer to that is, "No; because we're not a
tobacco product shop."
A Short Recess was Taken per Ms. Moermond
Hearing Reconvened at 12:05 pm
Ms. Moermond:
-you are right about a few things; I should not be looking at licensing at all
-the definition that's used in the Zoning Code is very similar; she does believe that
this business qualifies as a tobacco products' shop; "a retail establishment with a
principal entrance door opening directly to the outside that derives more than 90% of
its gross revenue from the sale of loose tobacco, plants, herbs, cigars, cigarettes,
pipes and other smoking devices for burning tobacco and related smoking
accessories in which the sale of products is merely incidental"
-the finding about whether or not this meets the definition in the Zoning Code and
therefore, is subject to enforcement based on the Zoning Code - that finding belongs
to the BZA; and the appropriate place to appeal a decision of the BZA is the City
Council; the time has come and gone to appeal that decision and she can't take into
account what your client did or didn't know about why to appeal; and whose advice to
take,, and.... there was a finding that did meet the definition; that's the way the board
voted; it was a 5-2 vote although there was conversation questioning ..... no appeal; it
makes sense, therefore, that there would be enforcement based on that
determination
-it will be in front of the City Council; you'll get there; you'll be there on enforcement
on that determination
-enforcement under Chapters 34 and 40 of the Zoning violation
-for the record, the distance we're talking about - you are less than half the distance
that's required under the code
-will recommend this to be on the City Council agenda for Feb 3, 2016; she won't be
staffing that meeting; the Councilmember may ask that it be re-scheduled to Feb 17,
2016; she would respect that; will let you know by letter
-the Council will be making the decision in a quasi-judicial capacity; and therefore, an
appeal after that would be to Appeals Court
-there's no need for the placards on the building
-this will be in the form of a resolution that goes before the Council; you will get a
letter confirming my recommendation; the resolution will be done no later than next
Wed (draft resolution)
Deny the appeal and grant until February 22, 2016.
Referred to the City Council due back on 2/17/2016
City of Saint Paul Page 14
Legislative Hearings Minutes - Final January 19, 2016
Orders To Vacate, Condemnations and Revocations
1:30 p.m. Hearings
Fire Certificates of Occupancy
25 RLH FCO Appeal of Jennifer Patraw to a Fire Certificate of Occupancy
15-337 Correction Notice at 776 DESOTO STREET.
Sponsors: Brendmoen
Jeffrey DeLisle, owner, Jennifer Patraw, secretary, and Frank Minship, tenant,
appeared.
Fire Inspector A.J. Neis:
-photos were added to this file; inspection done by Inspector Mitch Imbertson
-update: appealed was the driveway-pkg area; ground cover; a lot of exterior issues
that need to be addressed; the shed was ordered removed/repaid; (Mr. Minship
removed it)
-they are asking for additional time to get the work done
Ms. Moermond:
-looks like we're talking about a building that you say isn't a building because it has 3
walls, not 4
Mr. DeLisle:
-one building has 3 walls with a roof
-the main building has 2 garage doors (concrete bldg with a bathroom in the
basement; electrical power, furnace, about 2000 sq.ft.)
-the property is fenced in with an 8-ft fence; it's kept locked
Ms. Moermond:
-we were also talking about running a business out of it (Mr. DeLisle indicated that
Mr. Minship does not run a business here; he uses it for storage, so, it makes perfect
sense to keep the utilities off); there was some discussion about whether or not this
was an illegal use of the property; you were invited to apply for a change in use at the
Planning Commission to be able to do what you're doing; this is zoned I-1 Industrial;
the question is, "Can it be used for recycling;" you'd need a permit to do that; talked
about what constitutes recycling; recycling vs storage vs scraping vs ............
Mr. Minship:
-he is storing
Mr. DeLisle:
-they had an electrician come in and do what was necessary
-they want to get the furnace tested
Mr. Minship:
-the utilities have been turned on; electrician can in
-they have a small 10-gal electric water heater, too
-he has been a tenant here 8-9 years
Mr. DeLisle:
-hopefully, they can get the utilities turned off again
City of Saint Paul Page 15
Legislative Hearings Minutes - Final January 19, 2016
-don't want the water to freeze; their main issue
-the bathroom is not used
Mr. Neis:
-2012: there was a complaint that there was an illegal business running without a
license going on here (from licensing and from zoning but it was closed out and
resolved
Mr. DeLisle:
-in 2009, they had to foreclose on a person; it was just a big junk yard; the county
called me trying to find out if there was mercury still there; the lot was cleaned up and
there have been 3 inspections (once every other year since then); only a couple
items that needed to be addressed
-for this last inspection, he wanted all this stuff done
Ms. Moermond:
-basically, you want to continue to use this for storage and want to turn off the utilities
Mr. Neis:
-if it's going to be strictly used for cold storage, they wouldn't be opposed to having
the utilities completely shut off at the building; if there are plumbing fixtures, however,
they need to be property capped and sealed to prevent any other issues (pull toilet;
cap sewer line)
Mr. Moermond:
-make sure you properly cap the sewer line (Mr. Neis: you can buy a proper plumbing
cap for about $5-$6 at the store)
-use for cold storage only; the utilities can stay off
Grant the appeal provided Mr. Minship is only using the building for cold storage.
Plumbing fixtures need to be properly capped and sealed and power turned off.
Referred to the City Council due back on 2/17/2016
26 RLH FCO Appeal of Jeff & Judy Otto to a Fire Inspection Correction Notice at
15-344 391 TOPPING STREET.
Sponsors: Thao
Jeffrey Otto, Otto Investments LLC, owner, and Drew Engleman appeared.
Ms. Moermond:
-we were going to do an assessment of a couple of things since the last time we
talked
-her understanding is that you had a chance to talk with the Director the Dept of
Safety and Inspections (made phone calls and spoke with a number of people there)
Mr. Otto:
-we've corrected everything except for the roof and the pallet stacking
-he is requesting more time; he doesn't have the money to do all the things that are
necessary to get this all done
-information he provided was scanned into the record
-is waiting for Summit Company to call him back regarding a meeting with them
(water pressure text)
-would like to talk to his Councilmember Thao but was told that he could not
regarding sale tax money to give back to businesses for things like this; he was told
to wait until this hearing was over
City of Saint Paul Page 16
Legislative Hearings Minutes - Final January 19, 2016
Mr. Neis:
-the water pressure test hasn't happened because of the weather; should be above
32 degrees, if possible
Ms. Moermond:
-there are 2 kinds of sale tax monies: 1) STAR, annual grant cycle; and 2) monies
available thru the Ward Office
Mr. Engleman:
-they are trying to explore all options/avenues to find money for this work (Mr. Otto:
Mr. Cervantes said that he was exploring other avenues of financing for them, too;
so, he's asking for more time)
-asked if they could self-install the sprinkler system
Mr. Neis:
-the Fire Code specifically, prohibits that; there's a lot of engineering, designing,
calculation, etc.
-you would need to supply plans to our office from your contractor and we would
review those plans; your sprinkler contractor pulls a permit and they submit the plans
to our office as documentation and we review them to make sure that it's adequate
for the building; then, we'd issue the permit upon approval
-maybe the confusing part is that we do the flow test before those plans come in to
make sure that there's adequate water in the area
Mr. Otto:
-he is stressed; his business is at stake, here
-in the past, what's been required - he's been told by Summit and SPRWS that he's
required by the Fire Marshal to put in a 'volume impression' that they have never had
to install in St. Paul; that's it's excessive and beyond what they've ever had to do
before; when we've examined this in the past, the water pressure and line has not
been in the street; so, when he talked with Mr. Cervantes, he said, OK, put in an
official request to get a test done and DSI will be there at the same time the water
dept comes out; he said that the water dept has gone thru a lot of gyrations and they
can't even get information from the water dept about previous things that have gone
on before
-he is just trying to move to a solution
Mr. Neis:
-the good news is (he was in a meeting with Mr. Cervantes last week re this property)
that either 2000 or 2010, unbeknownst to us previously, is that the water lines were
upgraded in area
Mr. Otto:
-no one has dug up our street; if they had dug up the street, we would've known
about it
Mr. Neis:
-he was in Mr. Cervantes office talking with Water; they said that they can come on
either side and they were upgraded (thinks it was 2010 and was new to us)
Mr. Otto:
-but I talked with him subsequent to that conversation; (Mr. Engleman: our
understanding is that to upgrade these lines, they'd have to come and tear up the
whole street and they haven't done that)
City of Saint Paul Page 17
Legislative Hearings Minutes - Final January 19, 2016
Mr. Neis:
-he is going from the information from Water
Mr. Otto:
-Mr. Cervantes said, "I'm sure that Water is giving me accurate information based on
what we're specifically talking about"
-I need the Fire inspector to say, "This is the amount of pressure you want because I
have to tell that to Summit when they come out - this is what is going to be required"
-roof: weather is an issue; once the weather improves, we want to get up there and
patch the roof; over the years, they've spent several hundred thousand dollars on
that building - majority of which has been on the roof; there are only 2 places left with
leaks; Peterson Bros Roofing comes over regularly; weather and finances are the
issues; we need time to explore finance opportunities
-wants to talk to Commissioner Rettman about that; last time, Councilmember Helgen
told him that there was grant money and other monies available and that's why he'd
like to talk to Councilmember Thao; he will also sit down with Kerry Antrim
Ms. Moermond:
-without talking with Mr. Thao, you can talk with Planning & Economic Dev (PED);
STAR money, administered thru PED; contact person Michele Swanson, 266-6574
-is happy to give some time
-her concern is between now and when a decision is made, how high can those piles
be? The Orders say that piles went as high as 16 feet, which is a good 6 feet above
the requirement for maximum height; that has to come down
Mr. Engleman:
-if they were able to find some money to put in a sprinkler system, then, what
becomes...............
Mr. Neis:
-again, it depends on the exact flow there is; the fire code treats pallets similarly to
flammable liquid because they are so dangerous; the code would allow them up to 30
feet high for pallets with the proper sprinkler system with the proper water
pressure/level; each system varies based on the density of the droppage that the
head can handle; your contractor's input would be necessary to make a
determination
Mr. Otto:
-can we store those pallets outdoors?
-how can we comply in the meantime?
Mr. Neis:
-there are issues on the fire code for the lot lines; it has to be zoned for outdoor
storage; there are regulations
-will get back to Mr. Otto on this
Ms. Moermond:
-is you'd put in a sprinkler system, your contractor would pull a permit; that permit
would be approved and,for the future, you will always be governed by the code that is
valid today, in 2016, provided you maintain the sprinkler system
Mr. Neis:
-technology changes things over time; the 12-foot height is the rule for standard
height on a sprinklered building; anything over 12 feet falls into a "high pile" storage
classification, an ESR system (Early Suppression Fast Response); probably not
available when Mr. Otto inquired years back
City of Saint Paul Page 18
Legislative Hearings Minutes - Final January 19, 2016
Mr. Otto:
-he has never been told that, not even 3 years ago; if he had been told that, they
would have a sprinkler system; no one ever from Fire has ever indicated anything
over a 12-foot height; since he's talked with Mr. Cervantes, he is finally getting some
new information
Ms. Moermond:
-there are a lot of moving parts here, including the water pressure, volume issue
-understands his frustration; wants to give time to sort this out; wants to figure out
what an appropriate height will be between now and when whenever
-thinks this will all take more than 90 days to pull together
-thinks he had a very good idea about exterior storage in the meantime
Mr. Neis:
-as a fire fighter himself and as an inspector, this building is set up in it's current
configuration to kill fire fighters; it's extremely dangerous
-pallet storage is similar to a flammable liquid; once they get going, they have just the
right amount of fuel and oxygen to burn very fast
-previous inspection records indicate that pallets have been out of compliance for
each inspection since 1991; it's a volatile situation
Mr. Otto:
-he needs some kind of assistance to solve this problem; they don't want to see
anyone injured; the issue is time and money
-he wants his building sprinkled
Ms. Moermond:
-pallets currently are stored very high and tight in excess of what's allowed
-we'll go with a phased-in decrease in height over time
-the City Council Public Hearing will be Feb 17, 2016; you'll get a letter
-her plan is:
March 1 - reduce to 14 ft high;
April 1 – reduce to 12 ft high;
May 1 – reduce to 10 ft high;
July 15 – the pallets may be stored in rows of two but there must be a separation
between rows of 6 ft.
-hopefully, you'll be on your way to solving this by that point; if not, we'll need to talk
about
-stacked lumber between the rows will not be allowed; would be a very dangerous
situation; exterior storage is a much different situation under fire
-talk to someone who does site plan review in DSI; draw a diagram the lot and how
you'd like the outdoor storage to look; ask them if this is acceptable storage; she
doesn't think that he needs to apply for a site plan review; if they say it's not OK to
store this way outside, then, you file an application that can be appealed later;
basically, touch base with them and get advice
-she will call Mr. Cervantes and tell him what she is recommending; she will suggest
that he or his staff reach out for a discussion
-thinks that you would benefit greatly with a sit down with site plan review and zoning;
they may know something about you having a temporary structure
-contact Jonathan Sage-Martinson, Director, PED through Laura Eckert, 266-6633;
Michele Swanson for STAR money
Deny appeal on the height of the pallets and grant the following extensions:
March 1 - reduce to 14 ft high;
City of Saint Paul Page 19
Legislative Hearings Minutes - Final January 19, 2016
April 1 – reduce to 12 ft high;
May 1 – reduce to 10 ft high;
July 1 – the pallets may be stored in rows of two but there must be a separation
between rows of 6 ft.
If there is any additional information before the public hearing, Ms. Moermond may
adjust deadlines accordingly.
Referred to the City Council due back on 2/17/2016
27 RLH FCO Appeal of Susan Dunlop to a Fire Inspection Correction Notice at 631
15-343 SNELLING AVENUE SOUTH.
Sponsors: Tolbert
Susan Dunlop and Joanne E. Schmitt, owners, appeared.
Ms. Moermond:
-she read their menu; sounds delicious
-looking thru their proposed plan and procedures about what's heated in the pizza
oven and how you prepare your foods, there were only a couple of items that gave
her pause regarding grease laden vapors
-also looked at the safety measures you put into place to mitigate risk
-if you continue to have the same cleaning schedule and do the hood every 6
months, you can continue to do that
-will recommend granting the appeal to continue using the pizza oven, if you continue
your cleaning schedule (once a week) and hood cleaning schedule in place (attached
procedures)
-if all is going well in 2 years, we can look at a permanent variance
Grant the appeal for owner to continue using the kitchen as is, provided owner uses
the current menu items and have professional cleaning as stated in her plan. This
can be visited again in 2 years.
Referred to the City Council due back on 2/17/2016
28 RLH FCO 16-14 Appeal of Charles Mccarty to a Fire Certificate of Occupancy
Correction Notice at 1734 SEVENTH STREET EAST.
Sponsors: Prince
Charles McCarty, owner, appeared.
Ms. Moermond:
-your concerns:
-you appealed the Revocation because you didn't receive due process; you didn't
receive correction orders in a timely manner, which is against the law; you were told
that your Certificate of Occupancy was not Revoked and the building was to be taken
off the VB list; St. Paul Fire is illegally targeting you because they are biased; and you
wanted more time ....
-the fact that you can appeal these orders is due process
Fire Inspector A. J. Neis:
-Fire Certificate of Occupancy Correction Notice issued by Inspector Brian Smith
-there were multiple code violations identified; and there were multiple attempts to
gain access
-this started in Nov 2015 with the Revocation Notice; went out again Nov 17, 2015;
City of Saint Paul Page 20
Legislative Hearings Minutes - Final January 19, 2016
another went out Dec 3, 2015; and Jan 6, 2016
-started originally because of a complaint sent to their office for a missing hardwired
smoke detector, no CO detector, heat wasn't working, no trash service, garage was
full of debris; orders were issued after that initial inspection for repairs to be made
-long history of a lot of complaints and lack of maintenance
-the file includes pages and pages of complaints since 2009; in 2011 the city had to
provide trash service for several weeks; vehicles parked in back yard; people
scrapping; tall grass & weeds, etc.
Ms. Moermond:
-went back to the Nov 5, 2015 orders: #2 front concrete steps cracked & damaged
-garage has chipping, peeling paint, panels broken, holes in main garage door, side
entry door damaged, hardware missing - also on Nov 5 list
-access to garage was denied; work being done without a permit for patio door and
new wall (Mr. Neis: does not see a permit)
Mr. Neis:
-Nov 5 list: Fire official has made several attempts to contact the owner of this
property; he has hung up on the phone and will not return his calls - no response
from owner; the tenant fixed the problem of the CO detector
-does not have fuel burning equipment text nor the smoke detector affidavit
Ms. Moermond:
-you are appealing the Revocation, item #8 on Jan 6 Orders
Mr. McCarty:
-the first person to mention anything about damages was me; I evicted the tenant
(went over this last time)
-the allegation that I hung up on a fire official is false; Ms. Shaff admitted to me that
they had sent out the original orders 2 weeks late; she acknowledged that on the
record; there was a death in the family
-looking back, why was it automatically Revoked on the original Nov 5 Order?
Ms. Moermond:
-we dealt with that and the decision of that hearing - she recommended to the Council
that they not Revoke your C of O if you completed the items by Dec 21, 2015, which
is the deadline that you had asked for
Mr. McCarty:
-and both you and Ms. Shaff talked about the weather related issue - you can paint in
the winter or do concrete work - it's too cold
Ms. Moermond:
-yes; let's take the weather dependent items off the list
-she'd like to know why the rest of the items weren't done when you asked for the
Dec 21 deadline
Mr. McCarty:
-he has a picture of the garage - the doors are intact and the locks are intact
-the interior of the garage is personal storage; the garage is homesteaded; the
tenants don't have access to it; it's not in the lease
-now, he has different tenants
-he screwed his garage shut; I had offered the inspector access the last time he was
there and he said he didn't need to see it; it's fine
-the lack of garbage service is false; the previous tenant said that because I was
evicting them
City of Saint Paul Page 21
Legislative Hearings Minutes - Final January 19, 2016
-there's no power inside the garage
-the wall that I erected (Nov order); patio door was completely broken and he had to
make an emergency repair so, he boarded it up, insulated it, painted it, sheet rocked
inside and painted it (pictures)
-he tried to get a smoke detector affidavit off line but he couldn't; he can fill one out
right now
-the building's been inspected by Section 8
-#7- CO detector; apparently there's an issue with my securing the cover so people
can't remove batteries
Mr. Neis:
-once you screwed the CO cover; you've ruined it; you need a new one
Mr. McCarty:
-he called the manufacturer and asked if he could put a cover and they said, "Yes,
there's no circuitry there." (picture)
Ms. Moermond:
-the Fire Code says that's an issue
Mr. McCarty:
-I got an Orsat Test; provided a copy to Mr. Neis; Mr. Neis said it was Good (was
done Jan 14, 2016); he had a rough time with the original contractor
-Fire wants to Revoke my C of O and kick out a single mother in the middle of winter;
the only issues with the house are some minor deteriorating concrete steps, a CO
cover; and the lack of a permit
Ms. Moermond:
-we have the problem with the garage; the garage does not get completely written up
because of what's stored in it; the building needs to be secure and anything that's
visible from the outside is counted; and the electrical service or lack there-off, if it's
called out - just because you're using it for personal storage doesn't mean that it isn't
a code violation that can be called on it
-the garage door seemed to be somewhat off its track and it did need to be repaired;
I'm not going to revisit that
-sees broken siding and that's not weather dependent; you can do the painting inside;
they are shakes
Mr. McCarty:
-he was the one who brought up all the damages; he evicted his tenant soley
because of all the damages and now, they want to pull my C of O
Ms. Moermond:
-is frustrated herself because we've been down this road before; the decision was
that you would come into compliance by Dec 21.. with the other items that are not
weather dependent so.. in early Jan, they wrote a Revocation for noncompliance,
which makes sense to me
Mr. Neis:
-using a drill to secure - is not approved locking hardware; the code specifically says
that the door has to be maintained in a professional state of maintenance and repair;
using brackets for an emergency type of situation is completely understandable but
the proper way to do that would have been to put on appropriate locking hardware
Mr. McCarty:
-he screwed it shut because he didn't have a key; the garage side door is not
City of Saint Paul Page 22
Legislative Hearings Minutes - Final January 19, 2016
damaged and the locking hardware is not missing; the dead bolt is still there
-this wasn't an issue in my mind at the last hearing
-that was written up Nov 5; show me the pictures; the hardware is not missing
Ms. Moermond:
-the Revocation is based on your not being in compliance by Dec 21, 2015 except for
the weather dependent items
-the Orsat Test was completed Jan 14, 2016; (Mr. Neis called Hinding to verify); Mr.
McCarty was having trouble with the original heating contractor who did the test in
mid-Dec; they said that they were going to FAX a copy and they never did and when
he went down to their office, they said that they couldn't find it
-stuff in garage: if it's your personal home, the inspectors can go back in to check
and they can write orders on it; to re-check it, they have the authority to get an
administrative search warrant (Mr. Marty: they didn't need a search warrant; I asked
if he wanted to go in and he didn't want to go in)
Mr. McCarty:
-he rented to new people in Dec 2015
Ms. Moermond:
-the stuff in the garage needs to be stored in an orderly fashion with no excessive
accumulation of materials
-she wants Ms. Shaff to do an inspection in the next week
-wants Mr. McCarty to pull a building permit for the garage door; wants to know how
extensive that damage is; the locking mechanism for the door and let the inspector
take a look at it; we need to know that's acceptable
-the panels on the house and garage need to be replaced; the painting of those can
be done on the inside
Mr. McCarty:
-the garage has full sheets of plywood; where am I supposed to paint those?
Ms. Moermond:
-Ms. Shaff will take a look at that; she can pick a day & time and contact Mr. McCarty
-I can live with the garage door; so, let's just see what you've got going on
-LAYOVER to next week LH, Jan 26, 2016
Laid Over to the Legislative Hearings due back on 1/26/2016
2:30 p.m. Hearings
Vacant Building Registrations
29 RLH VBR Appeal of Ian Houmas, Adonis Eco Housing, to a Vacant Building
15-106 Registration Fee Warning Fee Requirement at 1036 MINNEHAHA
AVENUE EAST.
Sponsors: Bostrom
Laid Over to the Legislative Hearings due back on 1/26/2016
30 RLH VBR 16-3 Appeal of Kaojia Vang to a Vacant Building Registration Renewal
Notice at 286 STINSON STREET.
Sponsors: Thao
City of Saint Paul Page 23
Legislative Hearings Minutes - Final January 19, 2016
Laid Over to the Legislative Hearings due back on 1/26/2016
City of Saint Paul Page 24
Agenda
15 West Kellogg Blvd.
City of Saint Paul Saint Paul, MN 55102
Meeting Agenda - 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 19, 2016 9:00 AM Room 330 City Hall & Court House
9:00 a.m. Hearings
Special Tax Assessments
1 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 1741
16-29 ASHLAND AVENUE (File No. CRT1605, Assessment No. 158204).
Sponsors: Stark
Attachments: 1741 Ashland Ave.Fee Invoice.8-11-15
1741 Ashland Ave.Final Invoice.9-10-15
2 RLH AR Ratifying Demolition services from September 2015 at 1404 BARCLAY
15-108 STREET (File No. J1604C, Assessment No. 162003)
Sponsors: Bostrom
Attachments: Assessment Roll
3 RLH TA 16-7 Ratifying the Appealed Special Tax Assessment for Property at 970
EUCLID STREET (File No. 1602T, Assessment No. 169001).
Sponsors: Finney
Attachments: 970 Euclid St.DED tree.8-10-15
4 RLH TA 16-4 Ratifying the Appealed Special Tax Assessment for Property at 495
FRED STREET (File No. J1604B, Assessment No. 168103).
Sponsors: Brendmoen
Attachments: 495 Fred St.Restoration Professional Invoice.9-14-15
5 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 171
16-36 GRANITE STREET (File No. CRT1605, Assessment No. 168204).
Sponsors: Brendmoen
Attachments: 171 Granite St.Fee invoice.8-24-15
171 Granite St.Final invoice.9-23-15
6 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 1853
16-24 HAWTHORNE AVENUE EAST (File No. J1605A, Assessment No.
168504).
City of Saint Paul Page 1 Printed on 1/21/2016
Legislative Hearings Meeting Agenda - Final January 19, 2016
Sponsors: Bostrom
Attachments: 1853 Hawthorne Ave E.Summary Abatement Order.10-21-15
1853 Hawthorne Ave E.Photos.10-21-15
1853 Hawthorne Ave E.Photos.10-27-15
7 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 1358
16-33 HAZELWOOD STREET (File No. CRT1605, Assessment No. 168204).
Sponsors: Bostrom
Attachments: 1358 Hazelwood St.Fee Invoice 8-5-15
1358 HAzelwood St.Final Invoive 9-4-15
1358 Hazelwood St.Fee Invoice.2nd10-27-15
1358 Hazelwood St.Fee Invoice 10-27-15
8 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 902
16-17 JESSAMINE AVENUE EAST (File No. J1605A, Assessment No.
168504).
Sponsors: Bostrom
9 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 792
16-31 LAKE STREET (File No. J1605E, Assessment No. 168304).
Sponsors: Prince
Attachments: 792 Lake St.SA 8-26-15
792 Lake St.PAEC Letter & Bill 9-4-15
792 Lake St.Photos 9-1-15
10 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 823
16-25 LAUREL AVENUE (File No. CRT1605, Assessment No. 168204).
Sponsors: Thao
Attachments: 823 Laurel Ave. Fee Invoice9-8-15
823 Laurel Ave. Final Invoice 10-8-15
11 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 794
16-32 MARYLAND AVENUE EAST (File No. J1605E, Assessment No.
168304).
Sponsors: Bostrom
Attachments: 794 Maryland Ave E.EC Letter & Bill 9-10-15
794 Maryland Ave E.SA 9-10-15
794 Maryland Ave E.Photo 9-9-15
12 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 2138
16-18 SCENIC PLACE (File No. J1602A1, Assessment No. 168510).
Sponsors: Prince
Attachments: 2138 Scenic Pl.TGW Ltr.6-24-15
13 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 749
16-30 SIMS AVENUE (File No. J1605A, Assessment No. 168504).
City of Saint Paul Page 2 Printed on 1/21/2016
Legislative Hearings Meeting Agenda - Final January 19, 2016
Sponsors: Bostrom
Attachments: 749 Sims Ave.Summary Abatement Order.10-23-15
749 Sims Ave.Photos.10-28-15
14 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 1034
16-26 SUBURBAN AVENUE (File No. CRT1605, Assessment No. 168204).
Sponsors: Prince
Attachments: 1034 Suburban Ave. Fee Invoice. 8-26-15
1034 Suburban Ave Final Invoice 9-25-15
15 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 421
16-28 SUMMIT AVENUE (File No. J1605P, Assessment No. 168404).
Sponsors: Thao
16 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 2328
16-23 TERRITORIAL ROAD (File No. J1605P, Assessment No. 168404).
Sponsors: Stark
17 RLH TA 16-3 Ratifying the Appealed Special Tax Assessment for Property at 663
THOMAS AVENUE (File No. J1605A, Assessment No. 168504).
Sponsors: Thao
Attachments: 663 Thomas Avenue. Summary abatement. 9-30-15
663 Thomas Ave.Photos.10-7-15
18 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 550
16-27 VANDALIA STREET (File No. CRT1605, Assessment No. 168204).
Sponsors: Stark
Attachments: 550 Vandalia St.Final invoice.9-9-15
550 Vandalia St.Fee Invoice.8-10-15
19 RLH TA Ratifying the Appealed Special Tax Assessment for Property at 1809
16-35 YORKSHIRE AVENUE. (File No. J1603C, Assessment No. 162002.
Sponsors: Tolbert
Attachments: 1809 YORKSHIRE AVE.EMERGENCY SA.6-19-15
Special Tax Assessments - ROLLS
20 RLH AR Ratifying Collection of Fire Certificate of Occupancy fees billed during
15-104 August 8 to September 11, 2015. (File No. CRT1605, Assessment No.
168204)
Sponsors: Stark
Attachments: Assessment Roll
21 RLH AR Ratifying Excessive Inspection/Abatement services billed during August
15-105 24 to September 25, 2015. (File No. J1605E, Assessment No. 168304)
Sponsors: Stark
City of Saint Paul Page 3 Printed on 1/21/2016
Legislative Hearings Meeting Agenda - Final January 19, 2016
Attachments: Assessment Roll
22 RLH AR Ratifying Demolition services from July to August 2015. (File No.
15-107 J1603C, Assessment No. 162002)
Sponsors: Stark
Attachments: Assessment Roll
23 RLH AR Ratifying Graffiti Removal services during October 14 to November 9,
15-106 2015. (File No. J1605P, Assessment No. 168404)
Sponsors: Stark
Attachments: Assessment Roll
11:00 a.m. Hearings
Summary Abatement Orders
11:30 a.m. Hearings
Correction Orders
24 RLH CO Appeal of Mark Santi, Imperial Vapor, LLC, to a Correction
16-2 Notice-Complaint Inspection, including Condemnation at 841 GRAND
AVENUE.
Sponsors: Noecker
Attachments: 841 Grand Ave.appeal.1-11-16
841 Grand Ave..Hilscher Email.1-6-16
841 Grand Ave.Muchlinski email.1-6-16
841 Grand Ave.Skarda Email.1-13-16
841 Grand Ave.Skarda Doc.1-13-16
841 Grand Ave.Skarda Doc. 2-13-16
Orders To Vacate, Condemnations and Revocations
1:30 p.m. Hearings
Fire Certificates of Occupancy
25 RLH FCO Appeal of Jennifer Patraw to a Fire Certificate of Occupancy Correction
15-337 Notice at 776 DESOTO STREET.
Sponsors: Brendmoen
City of Saint Paul Page 4 Printed on 1/21/2016
Legislative Hearings Meeting Agenda - Final January 19, 2016
Attachments: 776 Desoto Street Appeal 12-04-15
776 Desoto St.Photos-Main Bldg #1..11-2-15
776 Desoto St.Photos-Main Bldg #2..11-2-15
776 Desoto St.Photos..11-17-15
776 Desoto St.Fire C of O Approval Certificates.submitted 1-5-16
776 Desoto St.Fire C of O Approval Letter.11-20-09
776 Desoto St.Owner Photos.1-5-16
776 Desoto St.Owner Photos #2.1-5-16
26 RLH FCO Appeal of Jeff & Judy Otto to a Fire Inspection Correction Notice at 391
15-344 TOPPING STREET.
Sponsors: Thao
Attachments: 391 Topping Street Appeal 12-10-15
391 Topping St.Photos.12-3-15
391 Topping St.Appeal letter.12-22-15
391 Topping St.Otto email.12-23-15
391 Topping St.DSI letter from 1991 to Otto.attached 12-28-15
391 Topping St.Otto Ltr.12-28-15
391 Topping St.Email Cervantes.1-11-16
27 RLH FCO Appeal of Susan Dunlop to a Fire Inspection Correction Notice at 631
15-343 SNELLING AVENUE SOUTH.
Sponsors: Tolbert
Attachments: 631 Snelling Ave South Appeal 12-10-15
631 Snelling Ave S.Photos.10-21-15
631 Snelling Ave S.Appeal Summary from Owner.12-22-15
631 Snelling Ave S.Dunlop Ltr.12-28-15
631 Snelling Ave S.email-menu.1-13-16
28 RLH FCO Appeal of Charles Mccarty to a Fire Certificate of Occupancy Correction
16-14 Notice at 1734 SEVENTH STREET EAST.
Sponsors: Prince
Attachments: 1734 7th Street East 1-7-16 Appeal
1734 7th St E.RLH VO 15-64
1734 Seventh St E.McCarty Ltr.12-3-15
1734 7th St E.Photos.12-23-15
1734 7th St E.Photos.1-6-16
2:30 p.m. Hearings
Vacant Building Registrations
City of Saint Paul Page 5 Printed on 1/21/2016
Legislative Hearings Meeting Agenda - Final January 19, 2016
29 RLH VBR Appeal of Ian Houmas, Adonis Eco Housing, to a Vacant Building
15-106 Registration Fee Warning Fee Requirement at 1036 MINNEHAHA
AVENUE EAST.
Sponsors: Thao
Attachments: 1036 Minnehaha Ave E Appeal 12-11-15
1036 Minnehaha Ave E.Photos.10-30-15
1036 Minnehaha Ave E.Photos.11-10-15
1036 Minnehaha Ave E.Hoomas Ltr.12-28-15
30 RLH VBR Appeal of Kaojia Vang to a Vacant Building Registration Renewal Notice
16-3 at 286 STINSON STREET.
Sponsors: Thao
Attachments: 286 Stinson St.appeal.1-13-16
286 Stinson St.Sale Review.11-15-15
City of Saint Paul Page 6 Printed on 1/21/2016