Legislative Hearings
Regular MeetingSt. Paul, MN · August 23, 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, August 23, 2016 9:00 AM Room 330 City Hall & Court House
9:00 a.m. Hearings
Remove/Repair Orders
1 RLH RR 16-36 Ordering the rehabilitation or razing and removal of the structures at
106 KING STREET EAST within fifteen (15) days after the September
7, 2016, City Council Public Hearing. (Amend to grant 180 days.)
Sponsors: Noecker
Lauron & Molly Morgan, owners, appeared.
Inspector Steve Magner, Vacant Buildings:
-read letter of Aug 11, 2016:
This is to confirm that on August 9th at the Legislative Hearing, the Legislative
Hearing Officer, Marcia Moermond, recommended continuing the above-referenced
matter to Tuesday, August 23, 2016 at 9:00 a.m. in Room 330 City Hall. She is
requesting that you provide the following:
1.obtain a new code compliance inspection with the Department of Safety &
Inspections;
2.post a $5,000.00 performance deposit with the Department of Safety & Inspections;
3.provide general and subcontractor bids;
4.provide a work plan or sworn construction statement with timelines for the
completion of the rehab of the building;
5.provide financial documentation indicating the amount of funds available to do the
rehab (line of credit, construction loan, personal bank account). (City estimates the
rehab to exceed $50,000); and
6.obtain a building permit for the structural work already done. NOTE: You may be
charged a double fee for this work since the work was done without obtaining a
permit. Please contact Jim Seeger at 651-266-9046 for more information.
Ms. Moermond:
-reviewed the documents provided (scanned)
-code compliance inspection application has been made
-$5000 performance deposit has been provided
-have a variety of bids
-a Work Plan has been submitted; it appears to take you to the end of this year (final
finish)
Ms. Morgan:
-exterior work will be completed by the end of Sep 2016
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-the roofing contractor will start immediately; he's 4 weeks behind right now
-electrical, roofing and siding people are waiting to start
-we can't pull permits yet
-roofing contractor has all the supplies and wants to know if they can off-load on site
Ms. Moermond:
-next step is the City Council Public Hearing Sep 7, 2016; once they vote on it, then,
you can pull permits
Mr. Morgan:
-the city wants us to hurry up and finish yet they hold you back
Ms. Moermond:
-you will get more time to do the work
-the Work Plan shows that you'll be done by the end of the year, if all goes well
-she will recommend that you get 180 days (6 months) from Sep 7, 2016 to finish
-it looks as though you have your act together
-"temporary" storage on site is OK
Ms. Amy Spong, Heritage Preservation Commission (HPC):
-I got an email from Lauron on Aug 10 but have not had a chance to respond
-I have some real concerns about some of the advice I thinks that you've been
getting; you talked about the masonry - the helibars - these are available all
throughout the U.S; we've been using them for many, many years; you've purchased
them from England - I'm concerned that we don't have a comprehensive solution
-the brick is really porous; we've had similar brick in St. Paul, where the Historic
Society said that the paint cannot be removed because it would do too much damage
Ms. Moermond:
-with this not being a designated house or district, are there still services that your
office is able to provide advicewise about this situation? Would you refer them to
John Skradski, DSI, a plan examiner?
Ms. Spong:
-I'd be happy to provide advice; I haven't had a chance to do that
-you've spent a lot of money already; $30,000 on a roof is huge; historically, we do
nice laminate shingles that look more like a wood shingle
-American Testing on University Ave is one of the few testing companies that will
come out and analyze the masonry and they can recommend a scope of work; I want
your limited resources to be directed
Ms. Moermond:
-John Skradski, a plan examiner, kind of specializes in masonry
Ms. Spong:
-I think that you'd have to ask him to go further into it than just a permit/code
perspective
Mr. Magner:
-concerns about the Work Plan
-there are some things that you can start doing: retaining walls, grading work before
you can start the permitting work; if the retaining wall is fewer than 4 feet in height,
you are not required to pull a permit; and the rough grading for landscaping is also
not a permit item at this point; also site clean-up
Ms. Moermond:
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-although the code compliance inspection has been completed, it is not yet noted in
the computer
-when you get that report, revise your Work Plan accordingly and send in your
revised Work Plan
Ms. Morgan:
-there are 2 missing items from the packet: 1) no permits; and 2) plumbing contract
Ms. Moermond:
-pending completion of the code compliance inspection report and revision of the
Work Plan, she will recommend 180 days to complete the project at the City Council
Public Hearing on Sep 7, 2016
-DSI will issue permits the next day on Sep 8, 2016
Mr. Magner:
-noted: if contractors come in to DSI and are denied permits, have them ask for Reid
Soley
Ms. Moermond:
Pending completion of code compliance inspection report, plumbing bid and revision
of work plan, will grant 180 days for rehabilitation of the building.
Referred to the City Council due back on 9/7/2016
2 RLH RR 16-28 Ordering the razing and removal of the structures at 129 JESSAMINE
AVENUE EAST within fifteen (15) days after the August 17, 2016, City
Council Public Hearing. (Amended to grant 180 days)
Sponsors: Brendmoen
Pablo Murillo and Craig Norenberg appeared.
Inspector Steve Magner, Vacant Buildings:
-this summary was originally read into the record at LH on Jul 26, 2016
-The building is a two-story wood frame duplex with a detached one-stall garage on a
lot of 5,663 square feet. According to our files, it has been a vacant building since
July 19, 2013.
-The current property owner is 129 Jessamine LLC per AMANDA and Ramsey
County Property records.
-On May 11, 2016 an inspection of the building was conducted, a list of deficiencies
which constitute a nuisance condition was developed and photographs were taken.
An ORDER TO ABATE A NUISANCE BUILDING was posted on May 18, 2016 with a
compliance date of June 17, 2016. As of this date, the property remains in a
condition which comprises a nuisance as defined by the legislative code.
-Taxation has placed an estimated market value of $11,300 on the land and $65,600
on the building.
-Real estate taxes are current.
-The Vacant Building registration fees are currently due and owing.
-A Code Compliance Inspection was done on November 4, 2015.
-As of July 22, 2016, the $5,000 performance deposit has not been posted.
-There have been twelve (12) SUMMARY ABATEMENT NOTICES since 2013.
-There have been seven (7) WORK ORDERS issued for:
- Garbage/rubbish
- Boarding/securing
- Grass/weeds
-Code Enforcement Officers estimate the cost to repair this structure exceeds
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Legislative Hearings Minutes - Final August 23, 2016
$50,000. The estimated cost to demolish is $15,000.
-at the time of that hearing, no owner was present and Ms. Moermond had
recommended removal within 25 days; although, we had a neighbor present, who
testified
-just sent a Work Order for tall grass/weeds on Jul 26
Ms. Moermond:
-and, we read a letter from another neighbor
Mr. Magner:
-read letter of Jul 27, 2016 (attached) indicating your recommendation to remove
within 15 days, etc.
Ms. Moermond:
-Ms. Suhan did not have the packet on this address with her on Jul 26
Ms. Amy Spong, Heritage Preservation Commission (HPC):
-there is a Work Sheet and packet for me today
-this house was constructed in 1900; appears that the original bldg permit index card
is not present
-American 4-sq style; simple 2 story home with an enclosed front porch, hipped roof
and front gabled dormer; has a ribbon driveway goes to the rear and a 1-stall garage;
some vinyl windows and non-historic siding, possibly covering the original; in the
North End and was last surveyed for historic resources was in 1983; no recent
survey work has been done in this neighborhood
-there are early houses in the area of the North End but it was developed later; more
sporadic; more vacant lots that were filled in over a longer period of time (several
decades)
-demolition would not have an adverse effect on the surrounding neighborhood
-SHPO - no historic properties will be impacted by removing the building
Ms. Moermond:
-after the Jul 26 LH, I heard from Mr. Murillo (I had already made my
recommendation); both of you were at the City Council Public Hearing, as was the
neighbor
-based on some of the information that I saw, she asked the City Council to take one
more look at it; so, here we are
Mr. Magner:
-read the letter of Aug 18, 2016 after the CCPH that was sent to Mr. Pablo Murillo,
referring this matter back to LH on Aug 23 (today); Ms. Moermond is looking for the
following conditions by close of business Fri, Aug 19, 2016: 1) post $5000
performance deposit with DSI: 2) provide documentation demonstrating financial
capacity to complete the project ($75,000 to be set aside for the project); 3) provide
an affidavit from the owner indicating the amount of funds toward the rehab; if these
conditions are met, the discussion at the Aug 23 LH will include providing a Work
Plan with timelines for completing work in accordance with the Code Compliance
Inspection Report; promaintenancetenace and security; getting general and
subcontractor bids; if additional materials are needed, they will need to be finalized by
Aug 30, 2016
-it will go to City Council again Sep 7, 2016 at 3:30
-note for the record: he did receive a letter from Dr. Alfonso Morales indicating that
he is the owner of the building (he is 129 Jessamine LLC); he plans to remodel the
property and bring it up to code within the next 3 months
-subsequently, we received a couple affidavits from Kay Nelson, White Bear Lake,
pledging $75,000 on behalf of Alfonso Morales; an Alfonso Morales affidavit
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Legislative Hearings Minutes - Final August 23, 2016
indicating that he's dedicating $75,000 towards this; and a bank account from David
Nelson and Kay Nelson, indicating that there's an available credit line of $72,000
Ms. Moermond:
-I think that the affidavits need to be re-done; although, they indicate that there is that
amount of money available for the project; it doesn't indicate that the money will be
spent for the project
-asked if Dr. Morales is going to be using Time Financial Group or US Bank account?
Mr. Murillo:
-he had never done anything like this; has done some affordable homes in Mpls as a
donation for people who need some help
-Dr. Morales specializes in chronic pain and people who have a serious situation of
addiction
-he has a good heart but we have been retained to act as his consultants, only; we
are not taking any financial responsibility but we will make sure that things are done
right
-we are developing newer projects for people who have addiction and clinics for
treatment
-if we are going to move forward with this, it has to be done right
Ms. Moermond:
-I need to have an affidavit saying, "Yes; $75,000 will be spent from this account for
that purpose;" set aside
-if using US Bank, a simple revision in the affidavit should work but if he's relying on a
financial group that I don't know, I would not accept it as being a valid documentation
of financing
Mr. Murillo:
-this can be fixed; we will be having a meeting with them
-a credit line is probably easier because we, as consultants are going to recommend
getting a professional project manager involved and that everything is done by the
book, especially when we don't know what this really involves; the intent is to use this
property to house people who don't have the ability to pay for post treatment services
-we are hoping to help, if necessary; however, the timeline concerns them.... if they
could be given 6 months
Ms. Moermond:
-you bring us the Work Plan; show us the bids; timelines and 180 days (6 months)
will be the maximum time that you will get to do the project
Mr. Murillo:
-asked about the environmental concerns, like asbestos
Mr. Magner:
-give the code compliance inspection report to your contractor, who can have the
subcontractors look at it and put together a proposal or a bid
-the state regulates hazardous materials (asbestos & lead fall to the State Health
Dept)
-an independent evaluator or survey company can identify whether or not there's
asbestos or lead; you would hire them and they would pull a permit and interact with
the MN Health Dept
-in St. Paul, we have a lead program that's administered by Ramsey County, usually
based only on referrals of elevated blood levels
-we do not recommend any type of removal of lead; we recommend encapsulation
-there are multiple companies that do surveys for asbestos
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Mr. Murillo:
-we will do that; the time line is my concern
-entered a rough draft to Ms. Moermond, provided by one of the potential lenders
-it's possible that the roof will need to be replaced but most of it is interior work
-ADT will be installed immediately
-will hire a private security company
Ms. Moermond:
CPH September 7 - 3:30 p.m.
Need the following by August 30:
1) revision of affidavit
2) detailed work plain, including timelines
3) plumbing bid
4) general and subcontractor bids
5) maintain the property
Referred to the City Council due back on 9/7/2016
3 RLH RR 16-40 Ordering the rehabilitation or razing and removal of the structures at
874 PASCAL STREET NORTH within fifteen (15) days after the
September 21, 2016, City Council Public Hearing. (Public hearing to
be continued to October 5)
Sponsors: Stark
Anita E. Mack, owner, appeared.
Inspector Steve Magner, Vacant Buildings:
-The building is a one-and-one-half story, wood frame, single-family dwelling with a
detached one-stall garage on a lot of 5,663 square feet. According to our files, it has
been a vacant building since March 26, 2011.
-The current property owner is Anita E. Mack per AMANDA and Ramsey County
Property records.
-On June 8, 2016 an inspection of the building was conducted, a list of deficiencies
which constitute a nuisance condition was developed and photographs were taken.
An ORDER TO ABATE A NUISANCE BUILDING was posted on June 14, 2016 with
a compliance date of July 14, 2016. As of this date, the property remains in a
condition which comprises a nuisance as defined by the legislative code.
-Taxation has placed an estimated market value of $28,700 on the land and $86,000
on the building.
-Real estate taxes for the first half of 2016 have not been paid.
-The Vacant Building registration fees were paid by credit card on March 25, 2016.
-As of August 19, 2016, a Code Compliance Inspection has not been done.
-As of August 19, 2016, the $5,000 performance deposit has not been posted.
-There have been ten (10) SUMMARY ABATEMENT NOTICES since 2011.
-There have been nine (9) WORK ORDERS issued for:
-Garbage/rubbish; -Boarding/securing; -Grass/weeds
-Code Enforcement Officers estimate the cost to repair this structure exceeds
$50,000. The estimated cost to demolish exceeds $12,000.
-most recent WO was Jun 2016 for garbage/rubbish; complaint in Aug 2016 for tall
grass & weeds; boarding order in Jul 2016; rest are sprinkled backward
Amy Spong, Heritage Preservation Commission:
-single family 2-story worker's cottage built in 1908; original owner was F. Swanstrom
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(The Swanstrom House)
-still appears to be a red stone foundation or colored concrete block foundation
-some one/over/one double hung windows
-porch has been enclosed
-appears to be asbestos cement siding covering up the original narrow lap siding
-last time the neighborhood was surveyed for any historic potential was in 1983 &
was not identified at that time; that information is out of date
-we do have grant money right now to be surveying the Hamline Midway
neighborhood; no RP going out yet
-it's close to Hamline University and to Snelling Ave; and also close to the Railroad
Ms. Mack:
-I live across the street
-there is no current mortgage holder; the mortgage was paid in 2004
-was in process with a well-reputed rehab person to do the rehab; we were working
on paperwork in May and discovered that the satisfaction of liens was never filed with
the county; I contacted Chase Mortgage, which provided a letter saying that they
know that they've been paid but they need to do due diligence back to the original
mortgage holder .......; it will take them up to 90 days to file the proper paper work;
she has that letter (entered into the record)
-I have a plan in place; illness had delayed moving forward
-a construction worker, Nate Burg, inspected did a walk-thru in Apr-May and he is still
interested in working with me; he had the funds; we were waiting until this hearing
happened; have spoken with Jim Seeger; during that time, the property moved from a
Cat 2 to a Cat 3; he going to request a Code Compliance Inspection next week
-Nate Burg owns a company called _____ (he does crime scene clean-up, rehab &
reconstruction)
-my goal is to get a full rehab; it's not my intention to hold on to the property after the
work is completed (at this point)
Ms. Moermond:
-I want to do a referral to Rondo Land Trust & have them take a look at this, too; they
are a non-profit community development corporation
-to rehab, you'll need a Code Compliance Inspection Report
-also, I look for the financial capacity to do the rehab
-$5000 Performance Deposit
-Work Plan with timelines
-property maintenance
-you can't sell the house as long as it's a Cat 3 VB; only to the HRA or another
nonprofit that works in the community
-if you sell to the person doing the rehab, the title cannot transfer until the nuisance
condition has been abated (need a legal contract for that, which has to be viewed and
approved by me and Mr. Magner)
-the first half of 2016 taxes need to be paid
Ms. Mack:
-I can pay the taxes today
-my contractor will be demonstrating fund availability; we also have a back-up in
place
Ms. Moermond:
-by Sep 9, 2016, I'd like you to have the taxes paid and the $5000 Perf Dep posted
Mr. Magner:
-if it turns out that the costs become prohibitive or you want to remove the building or
you want the city to remove the building, you can make a request in writing to DSI
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Legislative Hearings Minutes - Final August 23, 2016
and we will return the $5000
Ms. Moermond:
-I'm going to ask that you apply for the Code Compliance Inspection within the week
Ms. Mack:
-she believes that her contractor did it yesterday
Mr. Magner:
-it is not in the system as of this morning
-it is best to supply a lock box (it's already in place)
Ms. Moermond:
-we will need to look at the bids from the specific trades, around $50,000 total project
-will Lay this Over to Sep 13, Legislative Hearing with the City Council Public Hearing
on Sep 21, 2016
-on Sep 13, I want to be talking about a Work Plan and the financing
Owner to have the following done by Friday, August 26:
1) post the $5,000 performance deposit;
2) obtain a code compliance inspection; and
3) pay the real estate taxes for the first half of 2016.
At the September 13 hearing, Ms. Moermond will be looking for detail work plan with
general and subcontractor bids and financing plan.
Laid Over to the Legislative Hearings due back on 9/13/2016
4 RLH RR 16-41 Ordering the razing and removal of the structures at 503 WINONA
STREET EAST within ninety (90) days after the September 21, 2016,
City Council Public Hearing.
Sponsors: Noecker
Kris Kujala & Paul Scharf, Ramsey County Forfeited Land, appeared.
Ms. Kujala:
-tax forfeited Aug 2, 2016
-Ms. Scharf reviewed last week; it was difficult to actually get the door open; the
house was filled to the brim (hoarding and unsanitary conditions)
-we will remove this building after the clean-out; we will need to hire professionals to
do that; then, we will do the asbestos abatement
Inspector Steve Magner, Vacant Buildings:
-The building is a one-story, wood frame, single-family dwelling with a detached
one-stall garage on a lot of 10,019 square feet. According to our files, it has been a
vacant building since October 26, 2011.
The current property owner is State of MN Trust Exempt per AMANDA and Ramsey
County Property records.
-On June 8, 2016 an inspection of the building was conducted, a list of deficiencies
which constitute a nuisance condition was developed and photographs were taken.
An ORDER TO ABATE A NUISANCE BUILDING was posted on June 14, 2016 with
a compliance date of July 14, 2016. As of this date, the property remains in a
condition which comprises a nuisance as defined by the legislative code.
-Taxation has placed an estimated market value of $31,200 on the land and $70,100
on the building.
-The property went tax forfeit on July 31, 2016.
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Legislative Hearings Minutes - Final August 23, 2016
-The Vacant Building registration fees were paid by assessment on November 30,
2015.
-As of August 19, 2016, a Code Compliance Inspection has not been done.
-As of August 19, 2016, the $5,000 performance deposit has not been posted.
-There have been twenty-eight (28) SUMMARY ABATEMENT NOTICES since 2011.
-There have been twenty-nine (29) WORK ORDERS issued for:
- Garbage/rubbish
- Boarding/securing
- Grass/weeds
- Vehicle
-Code Enforcement Officers estimate the cost to repair this structure exceeds
$65,000.
Amy Spong, Heritage Preservation Commission (HPC):
-a 1925 one-story cottage; original owner, Ace G. Scott
-simple structure; there were no interior photos
-on the West Side; we don't have good survey work for the West Side
-was not identified in the 1983 historic site survey and not part of a potential historic
area or district
-we have some very early structures scattered throughout the West Side
-SHPO -if federal funds are used in the demolition, there would not be an adverse
effect
-demolition would not an adverse effect on surrounding historic properties
Ms. Kujala:
-county funds would be used for the demolition; the county does not have access to
federal funds to be used for demolitions
Ms. Moermond:
-so there's nothing stopping you, right now, from going forward with your plans
-she will put a resolution in front of the City Council on Sep 21, 2016 that will give you
90 days to Remove the structure
Ms. Kujala:
-with all that we have going on, I will be lucky to get this down by the first part of Dec
2016
Remove the building within 90 days.
Referred to the City Council due back on 9/21/2016
11:00 a.m. Hearings
Summary Abatement Orders
5 RLH SAO 16-30 Appeal of Ron Richardson to a Summary Abatement Order at 964
CHARLES AVENUE.
Sponsors: Thao
Ron Richardson appeared.
Inspector Lisa Martin:
-Summary Abatement Order issued Aug 5, 2016 to Sherry J Loyd and Darrell S
Revels to remove a Blue Oldsmobile with expired tabs from 2015 that appeared to be
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Legislative Hearings Minutes - Final August 23, 2016
inoperable from an unapproved parking surface; remove by Aug 12, 2016 or be
towed
-photo of vehicle in back yard
-no site plan on file for an approved parking area in the back yard
Mr. Richardson:
-it's my car; property owners are family
-the car runs and I have tabs
Ms. Martin:
-handed Mr. Richardson a copy of the required paving in a residential parking area
with a site plan; it needs to be approved; they will tell you what is an acceptable
material to park on
Mr. Richardson:
-the garage burned down
-I just moved over there; I moved the blocks from what the garage was built on to the
grass to park the car
Ms. Moermond:
-close..but no
-you need a driveway to get to a parking pad; a driveway can be as simple as 2
ribbons of cement to the parking pad; the parking should be concrete or asphalt
(something not permeable)
-you can figure out what approach you want to take
-you can park on the street until the parking pad can get squared away
-an inspector will come by on Mon Aug 29 and the vehicle should be moved
-get your site plan in
Grant to August 29, 2016 to remove the vehicle from the unapproved parking surface
or get approved parking surface.
Referred to the City Council due back on 9/7/2016
6 RLH SAO 16-31 Appeal of Anthony Gulden to a Summary Abatement Order at 31
KIPLING STREET.
Sponsors: Prince
Anthony T Gulden and Susan J Bertrand, owners appeared.
Inspector Lisa Martin:
-Aug 15, 2016 issued Summary Abatement Order to remove fire damaged items:
wood, metal, tires, rubbish throughout the yard; clean-up the rear yard; the garage
appears to be gone but there's still a lot of debris in the yard
-photos take Aug 12 showing excessive amount of stuff in the yard
Mr. Gulden:
-the garage was done & taken care of right away; the insurance company wanted an
inventory
Ms. Bertrand:
-we've been sorting things out before we can make our inventory; we are almost
done and the dumpster is almost full; more things go in today and then, we can
remove it
Mr. Gulden:
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Legislative Hearings Minutes - Final August 23, 2016
-rear yard by the fence is clear and clean to make sure it's safe for our 2 big Great
Danes
-waiting to hear from the insurance company
-we've taken a lot of photos for the insurance company
Ms. Bertrand:
-we just another week to get through the rest of it
Mr. Gulden:
-we want to start getting contractors, to
-he has 2 shelves and a safe to take out yet
Ms. Moermond:
-Deadline is Sep 12, 2016
Grant to September 12, 2016 for compliance.Grant to September 12, 2016 for
compliance.
Referred to the City Council due back on 9/7/2016
7 RLH VO 16-36 Appeal of Douglas M. Henneman to a Summary Abatement and
Condemnation & Order to Vacate at 1536 VAN BUREN AVENUE.
Sponsors: Stark
Douglas Henneman, owner, appeared.
Inspector Lisa Martin:
-this originated Jun 13, 2016 with a complaint that came in regarding the condition of
the property; I spoke with Mr. Henneman on site trying to gain access; original
inspection date was Jun 29 at 10 am regarding a vehicle; we re-scheduled to Aug 9;
in the meantime, she issued Orders on the exterior for tall grass & weeds, overgrown
vegetation, some brush, wood and debris in the yard; also, a Red Chrysler appeared
in operable with flat tires and expired tabs in the driveway; nothing has been resolved
-Aug 9, we issued an Order of Condemnation for the property; Mr. Henneman started
a construction project many years ago; no active permits for much of the work; holes
in the floor, walls, ceilings; there's a lot of deficiencies
-photos
-St. Paul Fire Dept posted this house on Aug 10, 2016 as a dangerous structure to
warn fire fighters not to go into the building because they could fall through the
flooring
-he would like to renovate this property but in it's current condition, it doesn't appear
to be safe for someone to be staying inside this house while renovations are going on
Mr. Henneman:
-the vehicle's been moved; the fence has been taken down (posts still remain); brush
has been removed; the yard is cut; the garage still needs to be painted and the
chopped wood still needs to be removed; hopes to have it all done by the end of this
week
Ms. Moermond:
-the Deadline for all of the exterior items is Mon, Aug 29, 2016; also remove all of the
improperly stored items, #1 on the Summary Abatement Order
Ms. Martin:
-noted that the garage is not in the SA Order; the garage is under the Condemnation
Order; it's not in danger of collapse; the roof & eaves just need some general
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maintenance
Mr. Henneman:
-I live in the house; my wife lines in an apartment
-I just started a full time job in Mar, 2016 & I don't have a lot of cash but I probably
can find a place to stay in the short term; the longer I can stay at the house, the more
money I'll have to put into the house but I do understand that there are other issues
and concerns
-this is the only asset we have; for a variety of reasons, we've never been able to
save any money
-we almost lost this house in 2008 but re-financed during the hard times and our
monthly payment is significantly lower; because of the job situation, we don't have
money; most of what was done was things that I could do
-over the years, we have gotten several proposals & plans to deal with some of the
issues that they saw
-bought house in 2000 (FHA loan) from a woman who had lived there since 1946,
who hadn't done any upgrading; about 6 months later, we called the electrical
inspector from the city to look at it and he said that the FHA blew it - they approved
the loan although the house was not up to code; then, we realized that we had an
electrical issue mostly in the upper unit (had been converted into a duplex at some
point); there was no wiring in the ceiling; she had a lot of extension cords; we did
what we could do to deal with the small things; we got a loan for the roof and
insulation; had to put up a fence and started a permit to deal with the framing; a lot of
flooring has been cut out; we had an engineer come to look and make
recommendations on what needed to be done; we weren't able to pay him in full, so
he didn't sign-off on it; I have his invoice, his recommendations, his notes, etc; it's not
finalized; if I paid him the balance, he'd probably sign-off
Ms. Moermond:
-we're in a place where things have gotten a lot worse since you started; the Fire
Dept placarded it
-now, it's figuring out how to get you back in there again, quickly and affordably, as
possible; I think that will mean that you're not going to be the one doing all the work
because time is going to be a consideration; it will cost you more to be living some
place else than it would be to getting it done, etc.
-have you talked with nonprofit developers in your neighborhood area: Rondo Land
Trust and Neighbor Works? Have a conversation with them; they do financing as
well as fixing so that you could get in more quickly; we can provide information in the
letter that will be sent to you in a day or two
Mr. Henneman:
-entered a 6-page list - a very detailed itemization for fixing things, which he has
never been able to execute
-I can have the external items done by Mon, Aug 29, 2016 now that it doesn't involve
the garage
-I've already begun to clean out any non-building materials
Ms. Moermond:
-you are thinking through all the right phases to get it fixed
-but this is a Condemnation and because the Fire Dept won't go in any more, I will
have to have you leave the house, which will put this into the Registered Vacant
Building Program - and it changes the game in terms of the Work Plan that you will
need to do moving forward
-I think that you are aware of what needs to be fixed; this will provide a punch list;
some things you can do by yourself; some things have to be done by a contractor, for
example, plumbing work
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Legislative Hearings Minutes - Final August 23, 2016
-the Code Compliance Inspection Report is one aspect of the VB Program
-the second piece is that there's an annual fee of $2000 (for you it's from Sep 2016 -
Sep 2017); you can appeal that fee and I can get you a waiver for a certain period of
time so that you can pull permits without having to pay the fee and get things rolling; I
can also work on getting the fee prorated, if you are done in a shorter amount of time
-this has you finishing in a year's time but there are things that you can do that can
get you sign-offs before you have the finishing work all done; I want to make this as
painless as possible
-your next step is moving out of the house
-talk to Rondo Land Trust and Neighbor Works
-you'll get a letter saying you are in the VB Program and you need a Code
Compliance Inspection Report
-you can be in the house to work from 8 am - 8 pm
-Vacate Date is Fri, Aug 26, 2016
-apply for the code compliance inspection ($450+); and after the trades people have
been in, you will get a list of deficiencies
-file an appeal on the VB fee; I'll waive it and you can start pulling permits
Grant until August 29, 2016 for compliance of the Summary Abatement Order; grant
until Friday, August 26 for owner to vacate the property and refer property to Vacant
Building Program.
Referred to the City Council due back on 9/7/2016
11:30 a.m. Hearings
Orders To Vacate, Condemnations and Revocations
8 RLH VO 16-38 Appeal of Winston Nguyen, representing Dianna Dong Thi Bui, to a
Notice of Condemnation as Unfit for Human Habitation and Order to
Vacate at 850 UNIVERSITY AVENUE WEST.
Sponsors: Thao
Winston Nguyen and Dianna Dong Thu Bui, owners; Thuy Hguyen, Washington
Nguyen, Tina Tri Nguyen; Lauren Lightner, House Calls; and Heather Meyers,
Southern Minnesota Regional Legal Services (SMRLS), appeared representing the
Dianna Doung Thu Bui and Winston Nguyen. (Thuy Hguyen interpreted.)
Inspector Lisa Martin:
-Apr 12, 2016, we received a referral about the house & garage at this address being
in disrepair
-numerous safety & maintenance violations, including peeling paint, missing siding &
railings, broken windows, etc.
-the bldg is an owner-occupied single family dwelling; there was a suspicion that they
were running an unapproved business out of the home
-the inspector went out and noted: peeling & flaking paint; saw signs that there was a
notary public at the property; he sent a Correction Notice for the exterior painting of
the bldg to be complied with by Jun 3, 2016
-I spoke with Mr. Winston Nguyen, who said that he needed some extra time to get
that done; I met with his painter and the paint job looked great on Jul 7, 2016; at that
time, I asked to have access to the entire bldg because I could see from the exterior
that it looked like a hoarding issue
-they did not show up to allow access on Aug 12, 2016; Mr. Nguyen contacted me;
we set up an appointment at which I met them & we walked through the property; I
City of Saint Paul Page 13
Legislative Hearings Minutes - Final August 23, 2016
asked if they had any children who could help them take care of some of these
issues; they said that their children lived out of town; so, I made a referral right away
to Ramsey County House Calls to get some assistance
-I issued a Notice of Condemnation; there were many doors to this house which
would prevent exiting; there are also electric issues, excessive accumulation issues
(not garbage; not dirty), just a lot of storage; with all the combustibles, we could not
get anyone out safely if there were a fire at this property; we needed a plan to get
things out; House Calls can provide some dumpsters to help get things cleaned out;
we can try to get a hold of family to help; the main issue is the safety of the
occupants and emergency responders going into the home
-we found padlocks on the exterior of many interior doors that also had numbers on
them, making it appear to be a rooming building; in case of a fire, occupants could
not get out of the rooms; all of the rooms have beds & clothing and look as though
they are individually occupied yet the owners say that they and their son, Abraham,
are the only ones who live there
Ms. Moermond:
-you Condemned this structure; this is a hoarding situation but a clean situation; this
bldg does not have problems with mice or animals, etc; it's sheer volume; so, the fire
load would be great and you can't get out of the doors
Ms. Martin:
-I have never seen so many doors in one bldg and so many individual locks on doors;
the maximum number of locks you can have on a door are 2; here, each of the doors
with numbers on them appears to be a rooming unit
Ms. Meyers:
-a lot has changed; we have pictures and their adult children are willing to testify
-this is not a room & board situation; there's a very good explanation about why there
are so many locks & pad locks
Mr. Winston Nguyen:
-explanation of locks & pad locks; our family has a son who is just like a child; he
disturbs things so we need the locked doors; we talk to the social worker many times
- they can do nothing; many times we want to put Abraham into a foster home
because we can't go anywhere-he doesn't know anything; many times, he cooks a
big pot enough for 20 people to eat; I feel like I'm in prison; he has a disability; the Dr.
says that he is badly retarded; so, that's why I put on locks so he doesn't go into
other people's rooms and do things that he shouldn't do because he doesn't know;
we have 12 children and when they go to school, he goes into their rooms and
disturbs things; the numbers on the door is because I collect things and put things in
certain rooms; I talked to my wife and kids and say, "Thank you, Lisa; if not for Lisa,
this may have not been discovered and I might get more stuff-more junk; also,
because I collect things for when we go trip overseas, we bring it to the needy
overseas; now, I learned a lesson - I should not do that
-no one else lives in the house except me, her & Abraham
-thank you for all my children; they are all so good; they came and helped us throw
away things
-now, we'll get a dumpster go help out so that there's no more stuff around the house
-my children are so wonderful; sometimes, they did remind me, "Don't bring that stuff
home-too many;" when I go on vacation/somewhere, they throw some things away
-I did go to legal service; used to work for them; they helped us; we'll get a dumpster
-please let us stay in the house; now it's clean; we will invite you to come & see
-photos
Tina Tri Nguyen:
City of Saint Paul Page 14
Legislative Hearings Minutes - Final August 23, 2016
-I moved to TX; when I came home, I'd see the bedroom and I said to take a lot of
stuff out; mom said that your dad won't let you; now, I see a big change; yesterday, I
flew from Houston; we got many bags to either throw or donate; dad's not going to
keep anything any more; I was really happy about it because mom & dad let us to
that & we will make it way better
Mr. Washington Nguyen:
-we looked over the Orders & took every item seriously; we took care of the pressing
concerns
-I took care of the smoke alarms and CO detectors right away; we removed the old
alarms that were no longer working
-I removed every pad lock and the hooks; I installed a dead bolt with lockable knob
on the downstairs entrance, which they use the most; there are 2 main entrances and
now they are easily accessible to enter & exit
-father went to get a permits for the corrections: general & electrical - will be
overseen by DSI
-we cleared windows and doors for access
-I offered my parents to stay at my place; I do care about their safety; I love them & I
wouldn't let them live there after reading the report; we made changes & will continue
to do more; I want my parents to be able to live there
Ms. Thi Bui:
-thank you, Lisa, for writing us up; I feel happy about it; this gives me the power to do
major cleaning; I am grateful to you; I couldn't live like that before; let me stay; I need
to do more cleaning; this has given me great freedom
Ms. Lauren Lightner:
-I met this family this morning; I went from top to bottom; I was able to walk through
-there is still a high content of things but 2-3 dumpsters should help
-the family is extremely cooperative about helping to clean the house out and wanting
assistance
-the garage is still full and needs to be cleaned out
-they may need some assistance with some of the repairs
Ms. Moermond:
-great that the smoke detectors and CO alarms have been taken care of; sounds like
the hard-wired smoke detector may not have been functioning
Ms. Martin:
-they will need to make sure the hard wired one is working correctly or it may need to
be replaced; should all be covered under the electrical permitted work
-has a number for someone to double check to make sure they are installed properly
Ms. Moermond:
-you will need smoke detectors/CO for guest rooms as well as for the sleeping rooms
that they currently use
-#14 -plumbing fixtures (bathroom & kitchen)
Ms. Martin:
-main floor kitchen: couldn't find the sink; there were refrigerators; not sure what's in
there; we'd have to take a look to see and make sure everything is working properly
Mr. Washington Nguyen:
-at one point, that room was a kitchen but now, they store fresh & frozen foods in the
refrigerator/freezers plus other storage; he & his brothers plan to make that a kitchen
again so that they don't have to go up and down stairs
City of Saint Paul Page 15
Legislative Hearings Minutes - Final August 23, 2016
Ms. Moermond:
-you are all working together; you are here and cooperating
-deadline: let's get half of the remaining material out of the house by next Fri, Sep 2,
2016; Ms. Martin will take a look in the next day or 2 to confirm progress for my
records; and there's a chance that she may see something that she didn't see before
Ms. Martin:
-is happy to meet you either tomorrow or Thu (will set up)
-she is available at 11 am on Sep 2
Ms. Moermond:
-I wish you well; we'll be sending you a letter to confirm my recommendation; we may
have modifications to that letter depending upon what Inspector Martin sees; we'll
hold off on sending that letter until after she has taken a look and sends me her
information
-with the locks coming off the doors, how are you going to manage Abraham's
movements in a way that all of you are safe?
Mr. Washington Nguyen:
-their main concern was with the kitchen and him accessing the stove; I'll set a lock
with a key and you can open from the inside without a key - rather than a pad lock
-and, with the reduction of the clutter, there won't be anything for him to go through
and disturb
-Abraham is not here right now; he's at his job training program for special needs
adults
Ms. Moermond:
Grant until Friday, September 2, 2016 to reduce the volume of accumulation by half.
Ms. Lisa Martin will inspect the property this week to make sure smoke detectors and
carbon monoxide detectors are working properly, padlocks have been removed,
confirm progress and will make recommendation for the balance of the repairs.
Referred to the City Council due back on 9/7/2016
1:30 p.m. Hearings
Fire Certificates of Occupancy
9 RLH CO 16-29 Appeal of Mai Yer Soung to a Fire Inspection Correction Notice at 569
DALE STREET NORTH.
Sponsors: Thao
Mai Yer Soung, owner, appeared.
Fire Inspector Leanna Shaff:
-Fire Certificate of Occupancy inspection Correction Notice
-we were here Aug 16, 2016; we talked about the fact that it had been converted to
all office use without approval for the city
-Ms. Soung was to go to the Dept of Safety & Inspections, with a decision on whether
to leave the upstairs residential or convert it to commercial; and pull a building permit
for the remodel
-since then, Ms. Soung pulled a building permit on Aug 5, 2016 to convert the 2nd
floor to all office use
City of Saint Paul Page 16
Legislative Hearings Minutes - Final August 23, 2016
-Inspector Sutter, bldg inspector, met with the owner to discuss requirements for
conversion.......walls constructed and finished without permit or inspection; electrical
& plumbing work done without permit
-plans were submitted
Ms. Soung:
-I need some time to consult with a contractor to make sure it meets code
Ms. Moermond:
-looking at the Order and coming to a resolution is her concern
-there are 3 things on the Order: storage area in the basement, fire extinguisher and
this conversion to be dealt with
-thinks that in 90 days you should be able to complete the conversion
Ms. Soung:
-starting Oct 5, 2016, I will be out of the country for a month; and I need to look for a
contractor
Ms. Moermond:
-will grant until Dec 7, 2016 to finish the conversion project
-the deadline for the other 2 items is Sep 9, 2016
Owner to work with Plan Review with regard to the second story use; grant until Dec
7, 2016 to finish conversion project; and grant until September 9, 2016 for Items 1
and 2.
Referred to the City Council due back on 9/21/2016
10 RLH FCO Appeal of Mark Cemensky to a Re-Inspection Fire Certificate of
16-118 Occupancy With Deficiencies at 2156 SAINT ANTHONY AVENUE.
Sponsors: Stark
No one appeared.
Fire Inspector Leanna Shaff:
-this was Laid Over to today about the driveway
-last week, "Ms. Moermond's recommendation is forthcoming; Supervisor Neis and
Inspector Corey will re-visit the site to determine parking spaces allowable and the
type of materials already in place and that an actual hearing might not be necessary."
-Inspector Neis was there yesterday and has emailed you some photos; you asked
that they be attached in Amanda, which they are
Ms. Moermond:
-Mr. Neis writes: a portion is approved; the rest is unapproved parking surface, which
would mean that new ground cover needs to be installed
-I think the Appellant needs to talk with Zoning
-will recommend denial of the appeal; granting until Dec 1, 2016 for compliance
Deny appeal and grant to December 1, 2016 for compliance on the parking spaces.
Referred to the City Council due back on 9/21/2016
11 RLH FCO Appeal of Robert Kopf to a Fire Safety Inspection Appointment at 950
16-132 ASHLAND AVENUE.
Sponsors: Thao
City of Saint Paul Page 17
Legislative Hearings Minutes - Final August 23, 2016
Robert Kopf, owner, appeared.
Fire Inspector Leanna Shaff:
-Fire Certificate of Occupancy Inspection appointment letter; inspection scheduled for
Sep 20, 2016 with Inspector Mike Cassiday
-the last C of O inspection was finaled on Sep 21, 2015 by Inspector Robert Corey;
unfortunately, that process had started long before that on Apr 16, 2013 by Inspector
Mike Efferson
-due to personnel changes, etc, it got lost between the cracks; at that point, this bldg
was rated a "C" which puts it in a 2-year cycle; and that clock starts ticking at the 1st
inspection; so, basically, before we finished, it was due for the next inspection
Ms. Moermond:
-according to your appeal, you, Mr. Kopf, were told by the inspector in 2015, that it
would be 3-5 years before another inspection took place
-asked Ms. Shaff to confirm that it is a Class "C" which is a 2-yr cycle (and she did so
confirm)
Mr. Kopf:
-I believe that we had always been on a 3-yr cycle before that happened
Ms. Shaff:
-before 2007, our division typically for residential, only inspected 3-unit bldgs or larger
& everything was on a 2-yr cycle; in 2007, we started doing single family and
duplexes; at the same time, we started a grading system, A, B, C; the points are
calculated on the deficiencies with life safety deficiencies having more points; and
part of the delay was because we got a lot of new inspectors and we've also had
quite a bit of turnover
Mr. Kopf:
-you have Mike Efferson listed as the inspector on Apr 16, 2013 but the inspector
who came out was a woman and the reinspection was done by a woman; that
appointment was not kept by the inspector; then, it took 2 years for your dept to
re-schedule a visit; that was entirely on you and not on me
-in 2015, your inspector came out and the C of O was issued on Sep 21, 2015
-due to delays that I didn't cause, I believe the next inspection should take place this
time next year
Ms. Shaff:
-the initial process started in 2013; the next inspection was scheduled for Jun 2013;
on May 31, 2013, the Inspector Efferson writes: made a few corrections and is
requesting an extension until the end of Jul 2013; so, he was there twice
Mr. Kopf:
-it was that follow-up reinspection that didn't happen
Ms. Moermond:
-I think you're driving this 3 times into the ground; it started in Apr 2013, you got your
certificate in Sep 2015; the normal way they measure the time between certificates is
from when they initiate the cycle; you want it to be measured form when they
concluded the cycle because it was so recent.... all that doesn't hurt you; what it
means for you is that you didn't have to pay a bill for those 3 years and you could
have been in this position a year ago, paying another bill
-you're measuring it one way; and Fire measusres it another way; and you think the
way you are measuring is the correct way
City of Saint Paul Page 18
Legislative Hearings Minutes - Final August 23, 2016
Mr. Kopf:
-I am saying that the normal way of measurement is not valid in this case beacuse of
the long delay of the city to come back out
Ms. Moermond:
-the inspector was last in the bldg on Sep 21, 2015 (Ms. Shaff: the next inspection is
on Sep 20, 2016 - 364 days since the last one)
-asked what kinds of Orders came up since this is a "C" bldg
Ms. Shaff:
-the intitial inspection on Apr 16, 2015, had CO alarms missing; damaged walls &
ceilings in units & stairwells; exposed wood floors on 1st floor apt; worn carpet on
main stairs-clean & maintain carpets; damaged bathroom floor; broken glass 2nd fl,
basement & garage; excessive accumulation of combustibles in the basement;
asbestos abatement; paint on accessory structures and main bldg; foundation grout
for openings
-2nd inspection, end of May, 2016: still damaged walls & ceilings in units &
stairwells; damaged bathroom floor; broken glass; basement storage; remove old
bldg materials from around the yard & garage; paint for garage and main bldg;
foundation needs grout
Mr. Kopf:
-the bathroom ceilings were stripped & repainted; bathroom floor was replaced;
foundation was grouted; house painted; materials removed; I was working on it after
the 1st inspection
Ms. Moermond:
-will recommend scheduling the next appointment during the 1st quarter of 2017
Grant until the first quarter of 2017 to make the next fire safety inspection
appointment.
Referred to the City Council due back on 9/21/2016
12 RLH FCO Appeal of Joseph Fine and Robert Fine to a Re-Inspection Fire
16-121 Certificate of Occupancy With Deficiencies at 690 CLEVELAND
AVENUE SOUTH.
Sponsors: Tolbert
Robert Fine, owner, and Joseph Fine appeared.
Fire Inspector Leanna Shaff:
-Fire Certificate of Occupancy inspection conducted Jul 20, 2016 by Fire Inspector
Sebastian Migdal
-#2 - the wheel chair ramp is being appealed
-Inspector Migdal writes: Repair or replace the wheelchair ramp in an approved
manned. When walking on the ramp at the time of inspection, the ramp was spongy.
-on 7/20/16, he writes: Ramp is still spongy in several locations. Rotted out boards
were also observed. Have the ramp repaired or replaced by a qualified contractor
under permit prior to the re-inspection deadline.
-photos
Mr. Robert Fine:
-the dispute is with nothing in the bldg; this used to be the Edyth Bush Theater; I
acquired it 3-4 years ago; it's a great bldg and in great shape
-there is a meandering ramp on the outside
City of Saint Paul Page 19
Legislative Hearings Minutes - Final August 23, 2016
-when I acquired the bldg, it was vacant; now, we have a lot to tenants and I was
thinking about just getting rid of the ramp but it was useful; it's all wood
-last fall, because of new tenant coming in, who might use the ramp once in a while, I
decided to fix up the worn looking ramp; so, I hired a contractor; all we did was put
plywood over the base to provide extra support and painted it but because it's wood,
it bowed a little underneath, so that when we put plywood on top, we got the
complaint that it was spongy (softness in some areas because of the air space in
between the woods); we sent ouf contractor back out there; he tried to fill the air
space by drilling holes
-it's not a safety issues; it is secure although there may be areas on this very long
ramp that are a little bit soft but the ramp itself has no insecurities at all; what we did
was to add more security; it would have been fine before; we could have just painted
it; Joseph has videos showing him jumping on it pretty high and you cannot see
anything move; you do not see anything physically move; this isn't something that
bows, this is something that you can feel - a little bit of give; it's very secure; if this
were a heavily used ramp, I might be more inclined to replace it but this is a left over
ramp in the farthest area of the bldg and not even visible from most angles; only 1
tenant actually has access to the ramp
-the code talks about constructed safety and capable of supporting a load and in
sound condition; the ramp is totally in sound condition or we would replace it
-the problem is that to completely solve the "sponginess," we may have to replace the
whole thing; but it has nothing to do with problems of a wheel chair going up or
someone walking on it, etc.
-in the report, the inspector also cited that there's some wood that shows
deterioration; we have found no deterioration - just flaking paint, which has nothing to
do with support
-and there is no insect / rodent infestation
-frankly, we could rip the whole thing out; you can see that there's no way a wheel
chair would have any problems with the ramp; I didn't know "spongy" was a violation
even though I don't consider it spongy
Ms. Moermond:
-I want to see the VIDEO of Joseph jumping up and down; Inspector Shaff should
see it too
Ms. Shaff:
-asked why the ramp went in; were there some accessibility issues?
Mr. Robert Fine:
-when I acquired this bldg, it had been used by the single tenant for 25 years; they
were a semi-private public corporation that moved to a bigger headquarters; their
agency dealt with people with disabilities and that's why they put in the ramp
Ms. Shaff & Ms. Moermond viewed the VIDEO
Mr. Moermond:
-I did not see deflection
Ms. Shaff:
-this had been a commercial space (?); not sure about ramp usage according to code
-suggested that the building official, Steve Ubl, be consulted to see whether the ramp
can even be removed or whether the repairs that were done were code compliant
Mr. Robert Fine:
-this only happened after this work had been done; and the worker said that maybe
he should have put in thicker plywood
City of Saint Paul Page 20
Legislative Hearings Minutes - Final August 23, 2016
-I did send another contractor over there and he said, "Yea, it does seem a little
spongy"
Ms. Moermond:
-let's have the bldg official take a look; he can made a determination from that
perspective
-what was done was not done under permit
-we could try to set up an appointment (Mr. Fine: I'd prefer a set appointment, if
possible.)
-will Lay this Over to Sep 13, 2016 LH
-I may have a Resolution by phone or email by that time
Legislative hearing officer will contact building official to determine if the ramp can be
repaired instead of removed.
Laid Over to the Legislative Hearings due back on 9/13/2016
13 RLH FCO Appeal of Ivan Wijetunge to a Correction Notice-Child Care Inspection
16-133 at 2149 EDGCUMBE ROAD.
Sponsors: Tolbert
Property owner has decided not to pursue with the change in use for child care
center. Appeal withdrawn.
Withdrawn
14 RLH FCO Appeal of Leo Cassady to a Fire Safety Inspection Appointment at 628
16-131 WESTERN AVENUE NORTH.
Sponsors: Thao
Leo F Cassady, owner, appeared.
Fire Inspector Leanna Shaff:
-Fire Certificate of Occupancy Inspection appointment letter sent by Inspector
Jonathan Gaulke on Jul 20, 2016 for a single family inspection on Aug 8, 2016
-this is obviously not owner-occupied
-Mr. Cassady lists Mapleton, MN as his address; Chap 40 defines an owner-occupied
bldg as one the owner of record lives in and is recorded at Ramsey Co as their
primary residence
Mr. Cassady:
-it is owner-occupied; I've owned it since 1985 and it's not rental
-15 years ago, I was offered a promotion in the Mankato area; I held on to this piece
of property because I had relatives in St. Paul; and it was cheaper for me than getting
a motel room
-I've been retired now for a year and I'm trying to decide where I want to live
-no one has lived there except for me and my son for the last 30 years
-I occupy this house as much as I occupy my place down in Morris County
Ms. Moermond:
-the reason this came us is because the computer systems at the County and the
City cross reference each other and identify when someone isn't an owner-occupant;
when you are living in Mapleton and homesteading in Mapleton, you are not here; so,
it got sent to Fire's C of O Program
City of Saint Paul Page 21
Legislative Hearings Minutes - Final August 23, 2016
Ms. Shaff:
-Inspector Jeremy Hall, no longer with the city, inspected it and closed it out as not a
C of O property back in Feb 2013; he received homestead documentation from
Ramsey County verifying it as not a C of O bldg
-Ramsey County 2016 proposed property tax lists 2015 as homestead and 2016 as
not homesteaded; so, that's what triggered it
Ms. Moermond:
-the other piece is that records show that there isn't any water usage
Mr. Cassady:
-I'm there every other weekend and I don't take that many baths while I'm there and I
don't water the lawn - I don't waste water; it's not that I don't have water; I have plenty
of water
-up until a year ago, I worked so, I spent most of my time in the Mankato area; I was
holding on to this piece of property for convenience
-I am still trying to decide where I want to live; I didn't know that a decision was going
to be forced upon me
Ms. Moermond:
-if it's a non-owner occupied bldg, it needs a Fire C of O inspection
-it's not a Vacant Building
-will Lay this over for one month for you to decide
-I won't make any decision or recommendation until then
-one unit of water is a tiny, tiny amount of water; so, is that OK? Let me talk to an
attorney to see what they think
Mr. Cassady:
-right now, I'd like to spend 3-4 months to spruce up the place; then, I'll put it on the
market
Ms. Moermond:
-you don't have to do that; I'm not in a hurry to send an inspector over there
-I'm not ready to grant/deny your appeal
-when you know where you're going, I think I can help you get there
-we'll talk in a month
Recommendation is forthcoming. Ms. Moermond is giving owner time to make
decision on where he wants to reside, his home in Mapleton, MN or at this property.
Laid Over to the Legislative Hearings due back on 9/20/2016
2:30 p.m. Hearings
Vacant Building Registrations
15 RLH VBR 16-54 Appeal of Casey Doyle to a Vacant Building Registration Renewal
Notice at 1048 VAN SLYKE AVENUE.
Sponsors: Brendmoen
Brian and Casey Doyle, owners, appeared.
Inspector Matt Dornfeld, Vacant Buildings:
-was made a Category 2 Vacant Building on Sep 9, 2015
City of Saint Paul Page 22
Legislative Hearings Minutes - Final August 23, 2016
-the dwelling was in foreclosure
-there was a swimming pool that was not secured correctly and had stagnant water
so, the city drained the pool and assessed the cost to the property taxes
-12-21-2015, a Sale Review was approved by Inspector Reid Soley to the Doyles
-since then, we have a code compliance inspection on file and permits; everything is
going well
-I have not noticed anything out of the ordinary with the property
-I have been told that the pool has been used
-this is a very nice neighborhood; and I have had VBs in that area before that have
been complained about constantly; this one has not had even 1 complaint
-assuming that we are here to appeal the VB fee due coming due in Sep
Ms. Moermond:
-asked about the securement of the pool area; have you checked to see if the fencing
has been re-established in a safe manner?
Mr. Dornfeld:
-I have not been there since Jun; at that point, it was; and I haven't had any reason to
check
-this is a nice place if someone does it right
Ms. Doyle:
-we are close to being done; been working for the past 8 months
Mr. Doyle:
-we are very close to moving into the property
-we are living with friends, right now
-we've been talking with Steve Ubl; close to getting our Certificate of Occupancy
-hoping to move in this weekend
-we are here to talk about the VB fee
Ms. Moermond:
-will recommend a 90-day waiver on the VB fee
Mr. Dornfeld:
-asked them to promise to keep people out of the pool; lock it
Mr. Doyle:
-we keep it locked all the time; we put up a picket fence instead of the chain link
fence that was there; you can't see our pool anymore
Mr. Dornfeld:
-we are not anticipating a problem
Ms. Moermond:
Waive the vacant building fee for 90 days. In the meantime, the pool gates must be
secured until the repairs are completed.
Referred to the City Council due back on 9/21/2016
16 RLH VBR 16-52 Appeal of John and Marjorie Kisch to a Summary Abatement Order
and Vacant Building Registration Notice at 612 WELLS STREET.
Sponsors: Bostrom
Marjorie Kisch, owner, and her son John Kisch appeared.
City of Saint Paul Page 23
Legislative Hearings Minutes - Final August 23, 2016
Fire Inspector Leanna Shaff:
-this Vacant Building resulted from a Revocation of the Fire C of O by Inspector
James Thomas in Jun 2016
-the C of O process started with numerous appointment letters; there were 4 letters
before we got someone there for us to gain access
-the Revocation is due to some long term noncompliance (no shows; no repairs
completed; tenant-landlord disputes)
-we gained access at the end of last Feb 2016
Inspector Matt Dornfeld, Vacant Buildings:
-Inspector Friel opened a Category 2 VB on Aug 4, 2016
-he documented that this is a 1-story wood frame single family house that's vacant
and open to access; front door was open; west and south side windows were open;
house was referred by Revoked C of O by Inspector Thomas; there were several
broken windows, defective screens, siding defects, hole in the eaves, defective west
side concrete steps
-mattress in back yard; table in front; a detached 8x8 metal shed is unsecured
-Mr. Friel issued a Summary Abatement Order on all of the exterior code violations
-8-10-16, Mr. Friel noted that the bldgs are now vacant & secure; & exterior property
area is maintained; the SA is in compliance; the city did not have to take any action
-owner has filed an appeal for the VB fee
Ms. Moermond:
-the Notice went to you and to Ms. Kisch at 510 115th Ave NW, Coon Rapids, MN; to
Marjorie Kisch, 510 115th Ave NW, Mpls; and to Occupant
Mr. Kisch:
-I haven't received anything; we didn't get the letters
-the house was built in 1970; about 7 years ago, we turned it into a rental and my
mom moved in with us
-we rented it to an 84 yr old woman and her 60 yr old son; they were down on their
luck; the son's mother passed away 2 yrs ago and he thinks that by the smell and the
stains in the carpet that she had laid there for some time before he called the city;
they both suffered from paranoid schizophrenia so, we've had a number of issues
over there; at times, when I'd go over to the property, he wouldn't answer the door;
sometimes he'd sit with a pistol in his lap in the kitchen, so, I'm not just going to walk
into the house
-we've had issues with the inspections; an Officer has met us at the property and the
tenant agreed to open the door; the fire inspector was looking around and asked,
"Where are all the cats? There's a smell in here of cats." (He had just come from a
property where they had 140+ cats.) This property had only 2 cats; the smell was
coming from the son; he had a rare lung disease; he was on oxygen; he'd sit in the
kitchen and defecate on himself; he wouldn't get to the bathroom at all; the bathtub
was full of feces - the house was bad; the officer was more concerned about his
health and he put a note in the file for Section 8
-Mr. Kisch wrote a long letter (attached) with all of this information
-we put the house up for sale in Jun 2016 and explained to the tenant that he had to
be prepared for someone coming to look at the house; the tenant was totally against
that, saying he was sick and couldn't have people in the house; he is embarrassed
because he's so dirty and smelled badly; it's terrible; right now, he's in the hospital;
long term care; he moved out Jul 31, 2016
-I asked the inspector for an extension but received no response; we began cleaning
and removing the contents; while we did this, the bldg was secured, doors were
locked but windows were opened with fans to ventilate the dwelling
-on Aug 6, 2016, I found city code enforcement stickers on the windows and doors
City of Saint Paul Page 24
Legislative Hearings Minutes - Final August 23, 2016
and the front entry door forced open; an inspection revealed no internal damage or
stolen tools; we called the police and filed a complaint
-we are in the process of bring everything up to code: alarms, carpet in the
bathroom, furnace CO inspection
-we are appealing the vacant property; it's not a vacant property; the tenant just
moved out Jul 31
Ms. Moermond:
-Vacant Building wise; if you are a VB, you have to do a code compliance inspection;
there's also a $2085 annual Vacant Building fee
-we have this Fire Certificate of Occupancy list - the Revocation; and I'm really
getting a flavor of why there was long term noncompliance
-asked about their plan
Mr. Kisch:
-we have the house for sale right now; we just dropped the price a little
-the house is actually in fairly decent shape for a home from the 1870s; we plan to
paint, put down some flooring and new carpet, etc; the smell is gone now since we
got rid of all the carpet, etc.
Ms. Moermond:
-this is a pretty short list
Ms. Shaff:
-I am concerned about the property owner having difficulty with their tenants; and it
sounds like that if it hadn't been for our inspection, everything would still be going on,
which dismays her
Mr. Kisch:
-we had the property for sale before the inspection; it was May or Jun when we
started the realty process
Ms. Moermond:
-I want you to get your Certificate of Occupancy; the inspector wrote the list at a time
when the tenant was living there in his own poop; and I'm not seeing poop on the list;
and so, I'm nervous about having another set of eyes; it sounds like you've pulled the
carpet... this stuff is gone now
-if you can get your C of O by Oct 1, 2016, we'll get you out of the VB Program & you
can avoid the code compliance inspection and VB fee
-make an appointment with Inspector Thomas soon; a couple of other things might
pop up
Mr. Kisch:
-we didn't get a mailing; we didn't get the list; Mai gave me the list
Ms. Moermond:
Grant the appeal on the summary abatement order as the issues have been abated;
change to VB Category 1 and grant until October 1, 2016 for owners to get the Fire
Certificate of Occupancy reinstated.
Referred to the City Council due back on 9/21/2016
17 RLH VBR 16-53 Appeal of Malcom Terry & Brook Nelson to a Vacant Building
Registration Notice at 162 GEORGE STREET WEST.
Sponsors: Noecker
City of Saint Paul Page 25
Legislative Hearings Minutes - Final August 23, 2016
Owner has withdrawn his appeal.
Withdrawn
City of Saint Paul Page 26
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, August 23, 2016 9:00 AM Room 330 City Hall & Court House
9:00 a.m. Hearings
Remove/Repair Orders
1 RLH RR Ordering the rehabilitation or razing and removal of the structures at 106
16-36 KING STREET EAST within fifteen (15) days after the September 7,
2016, City Council Public Hearing.
Sponsors: Noecker
Attachments: 106 King St E.OTA 5-23-16
106 King St E.PH 7-8-16
106 King St E.Expired Code Compliance 5-31-16
106 King St E.SHPO 7-26-16
106 King St E.Photos.4-30-13
106 King St E.Photos.5-19-16
106 King St E.Morgan R-R Ltr.8-11-16
2 RLH RR Ordering the razing and removal of the structures at 129 JESSAMINE
16-28 AVENUE EAST within fifteen (15) days after the August 17, 2016, City
Council Public Hearing.
Sponsors: Brendmoen
Attachments: 129 Jessamine Ave E.OTA 5-18-16
129 Jessamine Ave E.PH 6-24-16
129 Jessamine Ave E.Code Compliance 11-4-15
129 Jessamine Ave E.SHPO Form 5-27-16
129 Jessamine Ave. E.Photos 5-13-16 #1
129 Jessamine Ave. E.Photos 5-13-16 #2
129 Jessamine Ave. E.Photos 7-30-13
129 Jessamine Ave E.Neighbor Ltr.7-26-16
129 Jessamine Ave E.FTA R-R Ltr.7-27-16
129 Jessamine Ave E.Moermond-Murillo Email.8-1-16
City of Saint Paul Page 1 Printed on 8/19/2016
Legislative Hearings Meeting Agenda - Final August 23, 2016
3 RLH RR Ordering the rehabilitation or razing and removal of the structures at 874
16-40 PASCAL STREET NORTH within fifteen (15) days after the September
21, 2016, City Council Public Hearing.
Sponsors: Stark
Attachments: 874 Pascal St N.OTA 6-14-16
874 Pascal St N.PH 7-22-16
874 Pascal St N.SHPO Form 6-24-16
874 Pascal St N.Photos.3-26-14
874 Pascal St N.Photos.6-9-16
874 Pascal St N.Photos.6-21-16
4 RLH RR Ordering the rehabilitation or razing and removal of the structures at 503
16-41 WINONA STREET EAST within fifteen (15) days after the September
21, 2016, City Council Public Hearing.
Sponsors: Noecker
Attachments: 503 Winona St E.OTA 6-14-16
503 Winona St E.PH 7-22-16
503 Winona St E.SHPO Form 6-24-16
503 Winona St E.Photos.10-26-11
503 Winona St E.Photos.6-9-16
503 Winona St E.Photos.7-28-16
11:00 a.m. Hearings
Summary Abatement Orders
5 RLH SAO Appeal of Ron Richardson to a Summary Abatement Order at 964
16-30 CHARLES AVENUE.
Sponsors: Thao
Attachments: 964 Charles Ave.appeal.8-10-16
964 Charles Ave.Photo.8-15-16
6 RLH SAO Appeal of Anthony Gulden to a Summary Abatement Order at 31
16-31 KIPLING STREET.
Sponsors: Prince
Attachments: 31 Kipling Street.appeal.08-18-16
31 Kipling Street.photos.07-11-16
11:30 a.m. Hearings
Orders To Vacate, Condemnations and Revocations
7 RLH VO Appeal of Douglas M. Henneman to a Summary Abatement and
16-36 Condemnation & Order to Vacate at 1536 VAN BUREN AVENUE.
City of Saint Paul Page 2 Printed on 8/19/2016
Legislative Hearings Meeting Agenda - Final August 23, 2016
Sponsors: Stark
Attachments: 1536 Van Buren.appeal.08-15-16
1536 Van Buren.photos1.08-09-16
1536 Van Buren.photos2.08-09-16
1536 Van Buren.photos3.08-09-16
1:30 p.m. Hearings
Fire Certificates of Occupancy
8 RLH CO Appeal of Mai Yer Soung to a Fire Inspection Correction Notice at 569
16-29 DALE STREET NORTH.
Sponsors: Thao
Attachments: 569 Dale Street N.appeal.07-13-16
569 Dale St N.Soung Ltr.7-27-16
9 RLH FCO Appeal of Mark Cemensky to a Re-Inspection Fire Certificate of
16-118 Occupancy With Deficiencies at 2156 SAINT ANTHONY AVENUE.
Sponsors: Stark
Attachments: 2156 St. Anthony Ave.appeal.7-25-16
2156 Saint Anthony Ave.Photos.8-2-16 #1
2156 Saint Anthony Ave.Photos.8-2-16 #2
2156 Saint Anthony Ave.Cemensky Ltr.8-11-16
10 RLH FCO Appeal of Robert Kopf to a Fire Safety Inspection Appointment at 950
16-132 ASHLAND AVENUE.
Sponsors: Thao
Attachments: 950 Ashland.appeal.08-15-16
11 RLH FCO Appeal of Joseph Fine and Robert Fine to a Re-Inspection Fire
16-121 Certificate of Occupancy With Deficiencies at 690 CLEVELAND
AVENUE SOUTH.
Sponsors: Tolbert
Attachments: 690 Cleveland Ave S.appeal.07-28-16
690 Cleveland Ave S.photos.07-20-16
12 RLH FCO Appeal of Ivan Wijetunge to a Correction Notice-Child Care Inspection
16-133 at 2149 EDGCUMBE ROAD.
Sponsors: Tolbert
Attachments: 2149 Edgcumbe Rd.appeal.8-17-16
13 RLH FCO Appeal of Leo Cassady to a Fire Safety Inspection Appointment at 628
16-131 WESTERN AVENUE NORTH.
Sponsors: Thao
Attachments: 628 Western Ave N.appeal.08-15-16
City of Saint Paul Page 3 Printed on 8/19/2016
Legislative Hearings Meeting Agenda - Final August 23, 2016
2:30 p.m. Hearings
Vacant Building Registrations
14 RLH VBR Appeal of Casey Doyle to a Vacant Building Registration Renewal
16-54 Notice at 1048 VAN SLYKE AVENUE.
Sponsors: Brendmoen
Attachments: 1048 Van Slyke Ave.appeal.8-17-16
1048 Van Slyke Ave.Photos.9-2-15
15 RLH VBR Appeal of John and Marjorie Kisch to a Summary Abatement Order and
16-52 Vacant Building Registration Notice at 612 WELLS STREET.
Sponsors: Bostrom
Attachments: 612 Wells Street.appeal.08-12-16
612 Wells St.photos.08-05-16
612 Wells St.Fire C of O Revocation.6-21-16
16 RLH VBR Appeal of Malcom Terry & Brook Nelson to a Vacant Building
16-53 Registration Notice at 162 GEORGE STREET WEST.
Sponsors: Noecker
Attachments: 162 George Street.appeal.08-12-16
162 George St W.Photo Doc 1.8-2-16
162 George St W.Photo Doc 2.8-2-16
162 George St W.Photos.7-8-16
162 George St W.Photo.10-23-15
162 George St W.Fire C of O Orders.8-24-15
City of Saint Paul Page 4 Printed on 8/19/2016