Legislative Hearings
Regular MeetingSt. Paul, MN · January 30, 2018
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 30, 2018 9:00 AM Room 330 City Hall & Court House
9:00 a.m. Hearings
Remove/Repair Orders
1 RLH RR 17-46 Ordering the rehabilitation or razing and removal of the structures at 1060
AVON STREET NORTH within fifteen (15) days after the January 3,
2018, City Council public hearing.
Sponsors: Brendmoen
Donald J. Klemmer, owner, appeared.
Ms. Moermond: I don't see Bill Cullen here today, why is that?
Mr. Klemmer: I've not been able to touch base with him; the last time I talked to him
he said that the city officials needed a lock box on the door so that they can get in &
do the inspection; & I've not been contacted by any city officials.....
Ms. Moermond: let me role back here; I've called your sister; I've emailed; I've written;
I've called Bill Cullen & talked to him on the phone 3 times; sent emails; I've talked to
the Ward 5 Office, who talks to you periodically & asked them to tell you that we need
a lock box; so, I'm thinking, "How dare you say that we're not trying to get a hold of
you;" all we have to contact you right now is the 1060 Avon address; we have no cell
phone; we have no email; we happen to have your sister's address; you need to come
up with something for real so we can talk to you because I'm not taking that as an
excuse any more; and if your developer, Bill Cullen, can't get a hold of you, how can I --
-- he's not even here; how can I trust that you have the capacity to do this? I really am
a loss here; what are you going to do to convince me that we can get a hold of you
when we need to;
-what kills me is that you have real equity in this house that you could walk away with
that could get you some security with your housing moving forward; this isn't an empty
conversation; this is a very, very serious conversation where you either walk away with
real equity or you walk away with a hole in the ground at a $20,000 cost; how come you
can't get that act together?
Mr. Klemmer: I'm trying; I don't have a cell phone; I can't afford it; I don't have the
financial ability to do much of anything, to be honest with you; I'm doing the best that I
can with what I've got, which is nothing
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Ms. Moermond: and you haven't gotten the place cleaned out yet so that the
inspectors can look at it
Mr. Klemmer: I have a storage facility & have been....
Ms. Moermond: your sister said that she paid for one & that she'll probably have to
pay for another one
Mr. Klemmer: the place will be cleaned out in 6 days; it'll be done; I'm taking all of my
personal belongings out of the home & cleaning the property out; I don't want to leave
a mess for anybody
Ms. Moermond: so, what kind of commitment can you make to me that you're going to
be reachable -- & tell me exactly how that's going to happen
Mr. Klemmer: I'll touch base with my sister every other day (Mon, Wed, Fri)
Ms. Moermond: Bill Cullen said that he's been trying to contact you; I provided him
with your sister's information; have you tried to call him back?
Mr. Klemmer: I have not; the last I spoke with him was the conversation re the lock
box; I told him that I was working on getting situated to where I could put a lock box on
it; he said, "OK, Doug; I'm still interested;" we have a meeting at the end of the month
Steve Magner, Code Enforcement Manager: we had to send a Work Order for
shoveling the sidewalk; they should be out there today; but it should have been done
within 24 hours; it was not
Mr. Klemmer: I shoveled the driveway and the sidewalk at the same time
Ms. Moermond: Your Purchase Agreement with Mr. Cullen has expired; when will you
be ready for the inspection?
Mr. Klemmer: I'll be ready on Mon; I'll have all the stuff out of the house
Ms. Moermond: OK; let's get this done; you get a hold of Mr. Cullen; he needs to go
thru the house & start to come up with some numbers; we'll need to see a fresh
Purchase Agreement that includes a provision that he won't acquire title until the work
is done; you have some seriously delinquent property taxes on this property & as I
understand it, you're going to lose the property at the end of Jul 2018 for nonpayment
of taxes; so, I'm sure you'll need to have that concern rolled into any agreement with
Mr. Cullen
-let's see both you & Mr. Cullen back her on Feb 13, 2018 LH; get some draft
agreements in place so that we can discuss them
-it's worth a lot of money to you to be able to get yourself back on your feet again &
pull this together; there's definitely reason for you to try harder on this
-we will send you a letter & copy Mr. Cullen confirming what we discussed today
____
Need to provide the following:
1. Mr. Klemmer is to have the building cleaned out by February 6 so that the code
compliance inspection can be conducted; noting lock box combination needs to be
provided so inspectors can access the property for inspections;
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2. A $5,000 performance deposit will need to be posted with DSI at 375 Jackson St,
Ste 220, St Paul MN 55102 – please note that the deposit will be returned with interest
when the code compliance certificate is issued within the grant of time from the City
Council – which is proposed to be 180 days;
3. The outstanding delinquent property taxes will need to be paid;
4. A detailed work plan or sworn construction statement, including timelines and bids,
for completing the work will need to be provided;
5. Documentation of financing sufficient to execute the above work plan will need to
be demonstrated (line of credit, construction loan, personal bank account). The City
estimates the cost to repair to be $50,000; however, this number is likely to change
based on the estimates you bring forward;
6. If the funds being used are not tied to the project (such as a construction loan), we
require an affidavit that states the necessary funds will be set aside from other
business or personal accounts;
7. if you will be selling the property, the above conditions must be met by you and/or
the purchaser and the agreement between you must be approved by the City. This will
likely involve the provision of a new Purchase Agreement which will include a clause
that purchaser will be undertaking the rehabilitation of the property while the property is
still owned by Mr. Klemmer in order to be in compliance with City Codes pertaining to
the transfer of nuisance/dangerous properties. Please note that the property closing
cannot occur until the nuisance condition is abated; and
8. the property must be maintained.
Laid Over to the Legislative Hearings due back on 2/13/2018
2 RLH RR 18-4 Ordering the rehabilitation or razing and removal of the structures at 642
CHARLES AVENUE within fifteen (15) days after the February 14, 2018,
City Council public hearing. (Amend to remove within 15 days)
Sponsors: Thao
Ling Zhou, owner, appeared.
Steve Magner, Code Enforcement Manager:
-read letter sent Jan 19, 2018 by Legislative Hearing Coordinator Mai Vang (attached)
Mai Vang: $5000 perf dep not posted
-code compliance inspection application submitted Jan 18 including lock box
combination
Ms. Moermond: why hasn't the performance deposit been posted?
Mr. Zhou: I will post the bond today right after this meeting
Ms. Moermond: have you talked to contractors about doing the rehab on this
property?
Mr. Zhou: I talked to a drywall guy, a mechanical guy; I haven't talked to the plumber
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yet or carpenters about finishing the cabinetry; they have not yet submitted their bids;
I'm expecting to get them soon
Ms. Moermond: if you as the owner lived there, you could do the electrical
-do you have $25,000 towards this project?
Mr. Zhou: not yet; it will be tricky; part of the funds is from my future income
Ms. Moermond: that's not acceptable; I need to see the money now as in a personal
account, business account; a construction loan; I need to see that you can pay for it
up front because I need to see that this will be done in a timely fashion; the funds
need to be set aside for the purpose of this project
Mr. Zhou: right now, by putting everything together, I probably have $20,000
Ms. Moermond: I don't know whether or not that's going to be sufficient; I don't have a
Work Plan or bids from your contractors
-once you get that Perf Bond posted, the inspectors can go ahead & start the
inspections
-one inspector already called me
Mr. Magner: it looks like Mechanical, Plumbing, Electrical all have sent Correction
letters, so, it's just in Mr. Seeger's hands
Ms. Moermond: this is scheduled for the City Council on Feb 14, 2018; at that point,
I'd like to see your Work Plan with specific bids on it from the subcontractors; you'll
need to show me the funds
-has he property been maintained?
Mr. Magner: there was a Work Order back in Nov 2017
Ms. Moermond: I'll schedule a hearing on Feb 13, 2018 to discuss your Work Plan &
your specific bids; using that information, we'll figure out what to say to the City
Council on the following day
____
Public hearing on February 14 with a Legislative Hearing on February 13, 2018.
1. post the $5,000 performance deposit at DSI, 375 Jackson St, Ste. 220, St Paul,
MN 55102;
2. provide a work plan or sworn construction statement with timelines for the
completion of the rehab; including bids from subcontractors;
3. provide financial documentation indicating the amount of at least $25,000 to do the
rehab (this may change based on estimates);
4. provide a letter of affidavit dedicating the funds for the project;
5. stay current with Confession of Judgment for delinquent taxes with Ramsey County
Property Tax Record; and
6. the property must be maintained.
Referred to the City Council due back on 2/14/2018
3 RLH RR 18-2 Ordering the rehabilitation or razing and removal of the structures at 1536
VAN BUREN AVENUE within fifteen (15) days after the February 14,
2018, City Council public hearing. (Amend to remove within 15 days)
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Sponsors: Stark
Douglas M. Henneman, owner, appeared along with Attorney Greta Bjerkness who is
representing the mortgage company.
Steve Magner, Code Enforcement Manager: update
-read the letter that was sent out Jan 19, 2018 from the Legislative Hearing
Coordinator, Mai Vang (attached)
Mr. Henneman: I have applied for the code compliance inspection including the lock
box combination; I have 1 written bid; I do not have the Perf Bond; I'm working on
acquiring that
Ms. Moermond: we have no actual code compliance insp report yet
Mr. Henneman: I hope to be financing the rehab with a construction loan; it's possible
that I'll need to sell the property (my Plan B) in case that I'm not able to acquire the
funds
Ms. Moermond: what that would mean is that you're selling it to another party who is
willing to do all of the work & not have title to the property until the code compliance
certificate is issued
Mr. Henneman: I've actually talked to someone who is willing to take that risk, Matt
Solbweber; we don't have anything in writing so I would not want to represent that he's
actually going to do this; he has expressed an interest in it
-I've talked to a bank & a credit union about a construction loan; they're both not
making construction loans
-I owe $100,000 on my mortgage ($94,000 on the first; $7,000 on the second); one's
with Fannie Mae & the second is with MN Housing Finance
Ms. Moermond: have you had a contractor look at the work?
-real estate value was reported to be $160,000
Mr. Henneman: entered a copy of the rough estimate of $110,000
-I've had 2 verbal rehabbed estimates that place the value at close to $300,000
Ms. Moermond: we would need to see the contract you have with your outside party,
who would be fronting the money for the rehab (the city needs to approve that contract)
& acquiring the property upon completion of the rehab; you or they will need to hire an
attorney to draft such an arrangement; you would probably need to have the mortgage
holder be party to that because they have a vested interest in that
-let's get that code compliance inspection done; I will try to expedite the inspection
-I will Lay this Over to Feb 13, 2018 LH; that's a Tue at 9 am 2 weeks from today
-at that point, we'll try to have the code compliance inspection report in your hands
-if you have a purchaser, they should probably be present on Feb 13; & I'd like them to
demonstrate that they have the financial ability to complete this work
Mr. Henneman: noted that his work schedule changes very frequently; I work for
transit & with the Super Bowl, we have 3 different work schedules; I won't know what
my schedule is for that week until this Fri; I'm not sure that I'll be able to attend;
getting off is generally considered an _____; just to give you a heads up that I'll let you
know on Fri; my days off the next 2 weeks are Mon & Wed; the past 2 Tue that we've
met, I've had evening shifts; so, it's possible that it will not be an issue but I just
wanted you to know that
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Ms. Moermond: I'd like to see that Perf Deposit; we were anticipating that it would be
posted today but it isn't; you don't have a code compliance inspection yet; we'll need
more specific bids & I'd like to see who the purchaser is going to be & have him be
part of this conversation moving forward
____
Public Hearing on Feb 14 with a Legislative Hearing on Feb 13, 2018;
1. a code compliance inspection must be completed, noting access to building need
lockbox;
2. A $5,000 performance deposit will need to be posted with DSI at 375 Jackson St,
Ste 220, St Paul MN 55102 – please note that the deposit will be returned with interest
when the code compliance certificate is issued within the grant of time from the City
Council – which is proposed to be 180 days;
3. A detailed work plan or sworn construction statement, including timelines and bids,
for completing the work will need to be provided;
4. Documentation of financing sufficient to execute the above work plan will need to
be demonstrated (line of credit, construction loan, personal bank account). The City
estimates the cost to repair to exceed $100,000; however, this number is likely to
change based on the estimates you bring forward;
5. If the funds being used are not tied to the project (such as a construction loan), we
require an affidavit that state that necessary funds will be set aside from other
business or personal accounts; and
6. the property must be maintained.
Referred to the City Council due back on 2/14/2018
10:00 a.m. Hearings
4 RLH RR 18-9 Making finding on the appealed nuisance abatement ordered for 106
KING STREET EAST in Council File RLH RR 17-21.
Sponsors: Noecker
Lauron & Molly Morgan, owners, appeared.
Steve Magner, Code Enforcement Manager: I talked with staff, who talked to the
owners, who were in the process of contacting Mr. Seeger for a final; Mr. Yannarelly
went out & took a few pictures; the property is maintained & looking good
Ms. Morgan: Mr. Seeger will be out tomorrow at 1 pm; the plumbing inspection is
done; the mechanical inspection will also be done tomorrow at 1 pm; the electrical is
left - it will either be at 1 pm tomorrow or Thu (all finals)
Ms. Moermond: Jan 30 is the deadline - close enough
Mr. Magner: as soon as Mr. Seeger issues a code compliance letter, which will take a
day or two (it's all predicated on him finaling the building permit & the electrical
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inspector finaling that permit); as soon as that's completed, Mr. Seeger will issue the
Code Compliance Certificate; then, the owners need to contact Reid Soley, DSI, to
make the request to process the return of the Performance Deposit; it will need to go
thru the system & take about 30 days to send you the check
Ms. Moermond: in this case, I will continue the matter to Feb 27 LH & put it in front of
City Council on Mar 7, 2018; so, you should have your Code Compliance Certificate
easily by then; if there's a snag, we'll have time to deal with it; if we get it done in that
time period, I see no reason for the Perf Dep not to be returned with interest
Mr. Magner: you won't need to appear for either of those hearings as long as Mr.
Seeger issues the Code Compliance Certificate
Ms. Morgan: do we need to post another $2500 for the VB Program?
Mr. Magner: the computer shows that the VB fee is not due until May 3, 2018
-the minute Mr. Seeger sends the Code Compliance Certificate, the VB file is closed &
the VB fee goes away
-just get those 2 permits finaled
Legislative hearing on Feb. 27 and Public Hearing to March 7 to get permits finaled.
Laid Over to the Legislative Hearings due back on 2/27/2018
5 RLH RR 17-48 Making finding on the appealed nuisance abatement ordered for 544
MINNEHAHA AVENUE WEST in Council File RLH RR 17-12. (Public
hearing continued to February 28, 2018)
Sponsors: Thao
Mr. Ben Jacksen, Community Enhancement Group LLC, appeared.
Steve Magner, Code Enforcement Manager: I thought this was put off until Feb 13?
Mr. Jacksen: she wanted the documents that I just gave her by Jan 30, 2018 & Pastor
thought that we were supposed to meet to give those to her today; we do have the City
Council Public Hearing on Feb 14
Ms. Moermond: I have in my records that it was Jan 30 to show at least 50% done
Mr. Magner: we didn't hear anything from Mr. Seeger to draw that conclusion; he said
that roofing & framing were 88%; he said nothing about the project's entirety
-the conversation my staff had with Mr. Seeger was that he didn't want to go back out
there until the electrical, plumbing & heating permits were all pulled & they had their
rough-ins ready to do; I was under the impression that the appellant was going to try
his best to get those contractors out during this period of time & I thought that period
of time was 30 days, not 15 days
Mr. Jacksen: my assumption was that we had to have the document showing our new
general contractor & the sworn construction statement by the 30th; that by Feb 14, we
had to have the electrical, HVAC contractors pinned down & that the permits would be
pulled & that there would be a new inspection in between that time frame; we have the
contract for the electrical; $19,000 for HVAC; hot air system for $13,000 (scanned)
Ms. Moermond: let's schedule Mr. Seeger between Feb 9 - 12; I'm looking for Mr.
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Seeger to give me that 50% green light (50% including the addition); that affects the
perf dep
Mr. Jacksen: we still have to submit our HVAC plan to the city, which may take a
while for review; a plumbing permit was pulled for the rough-in in Sep
Mr. Magner: Yes; there is a plumbing permit from Sep; we are accepting the electrical
& HVAC permit applications; I will reach out to Mr. Seeger - that he needs to contact
Mr. Jacksen
Ms. Moermond: I want to get to the 50% mark before I get to City Council on Feb 14,
2018, so that I can ask them to continue the Perf Dep instead of asking them to add
another $5000 on it
Mr. Magner: I'll have Mr. Soley contact you
Ms. Moermond:
Forthcoming.
Referred to the City Council due back on 2/14/2018
6 RLH RR 18-5 Making finding on the appealed nuisance abatement ordered for 670
WESTERN AVENUE NORTH in Council File RLH RR 17-22. (Public
hearing to be continued to February 21)
Stephen P. Laitinen, Attorney, Larson King Law Firm, and Les Stroklund, Mastercraft
Construction LLC, appeared.
Steve Magner, Code Enforcement Manager: Update
-a Resolution had been passed on this property
-read letter dated Jan 11, 2018 sent by Ms. Marcia Moermond, Legislative Hearing
Officer (attached)
-Mr. Yannarelly did not get a call; he went out to the property; he indicated in an email
that no permits have been pulled within the last 6 months & no work has been
completed
-the Performance Deposit was received by credit card on Jul 10, 2017
-a forfeit letter was sent out Dec 19, 2017 by Jim Seeger; the owner may have
contacted Mr. Seeger; I don't know
Ms. Moermond: this building was declared a dangerous & nuisance structure; and it
went thru a process following that where the Council allowed 6 months for the
rehabilitation of the structure (the abatement of the nuisance & dangerous conditions);
at the conclusion of that time, it's incumbent upon the Council to make a
determination about whether or not those conditions have actually been abated; this is
a hearing to provide them with background information on exactly that; hence, the
letter; I'm trying to put together a file to put in front of them so that they can make that
finding; in order to get that grant of time, a number of conditions had to be met; they
were met (Work Plan; Performance Deposit; documentation of actual ability to
complete the project; etc.); however, nothing has been done
Mr. Laitinen: I was retained by Walker Properties LLC to commence a lawsuit against
Travelers Insurance Co to recover the additional funds that will be necessary to
rehabilitate this property; we commenced that lawsuit on Dec 5, 2017; entered copies
of that lawsuit
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-we commenced that lawsuit because Travelers solicited a number of bids to complete
the work; they picked the low bidder; it turned out that the low bidder could not do the
work; so then, my client went back to Travelers & told them that the low bidder could
not do the work; & so for the last 6 months, my client has been trying to engage
Travelers to provide additional funds to rehabilitate this property; those efforts have
been unsuccessful; so, I was retained in late Sep - early Oct to pursue Travelers with a
lawsuit
-Travelers has answered the complaint; we have a trial judge assigned to the case:
Shawn Bartsh; it's now in litigation
-Mr. Stroklund can give you an update on what's been done at the property; the permits
have been applied for but the city has indicated that we have to go thru a manual
process for permits
Mr. Stroklund: I presented bids in Jul 2017 when I was here last; the electrical
contractor was Southside Electric; they applied for a permit; I have an email from him
stating that he applied for the permit but it's going to take until Tue of next week when
it gets approved because of some red flags on the property; our heating contractor &
plumbing contractor - the same thing
Mr. Magner: we have 2 permit applications both dated Jan 26, 2018; I don't know
exactly when they came in but the contractors, Steven Gary Plumbing & Southside
Electric tried to apply online for a plumbing permit & an electrical permit; those permits
cannot be issued online because of the fact that it's a Category 3 Registered Vacant
Building; because of that status, it is required that the contractor come into the office
to apply in person for those permits; and of course, now that we're beyond the 180 day
time frame on the Perf Dep & we would have required 50% completion to extend that
deposit, the dept cannot extend the deposit or issue those permits
Ms. Moermond: City Council has to clear additional time & allow an extension of the
deposit or make a determination about........
Mr. Magner: administratively, our hands are tied; we have to follow the Ordinance
Mr. Laitinen: again, the reason for the delay from my client's perspective is that we
were trying to work with Travelers to deal with the low bidder who bowed out & to get
the additional funds required - that was unsuccessful & that's why we commenced with
the lawsuit
Mr. Stroklund: we had 1 complaint on the lawn so, we contracted with a lawn company
that would also keep the sidewalks shoveled in the winter; we did the interior demolition
of the building; it's all gutted; we are preparing it for the subcontractors; we did a back
spray, which in a fire situation is a sealing of all the wood with a pigmented shellac that
seals the odors into the wood
-none of the plumbing or electrical has been started
Mr. Laitinen: my client has decided, if they can, to proceed to prepare the property
without getting the funds from Travelers first
Ms. Moermond: I have a letter from Walker Properties LLC that says that they will pay
for the rehab above & beyond what Travelers is willing to commit to; Travelers'
estimate was about $120,000; the letter says that Walker Properties will pay the
additional costs to MasterCraft Construction
-so Walker told United Claim Service....... I guess I don't understand
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Mr. Laitinen: it is my understanding that Travelers did not pay $120,000; Travelers paid
around $80,000; that's where the dispute is; we also believe that Travelers needs to
pay more than $120,000; our understanding is that Travelers has released somewhere
in the neighborhood of $70,000 - $80,000
Mr. Laitinen: I've been retained by Walker Properties; MasterCraft Construction is
working for Walker Properties
Mr. Stroklund: clarifying the ownership: Walker Properties is owned by my employer,
Wayne Benson; I work for MasterCraft Construction; both MasterCraft & Walker
Properties are owned by Wayne Benson; I, typically do these fire repairs; we are an
insurance restoration company
Mr. Magner: but in this case, MasterCraft Construction is not doing the rehabilitation;
is that correct?
Ms. Stroklund: we are at this point; originally, there was another construction
company, Maverick Construction; they were contacted by Travelers to write a scope of
work on the property; they came up with the low bid; afterward, they said that they
could not do the work for the bid they had submitted
-when I was here in Jul 2017, Maverick was going to do the job; Wayne Benson said
that we'd keep an eye on it; Maverick fell thru; then, we stepped in
Mr. Magner: the city needs some type of confirmation that Walker is going to finish
the rehabilitation above & beyond the initial sum of money, which is somewhere
between $70,000-$80,000 that they might have received; & on a side track, the
attorney is going to proceed to go after Travelers for the money that Walker believes
they are owed; MasterCraft Construction will do the repairs; if I were the hearing officer,
I'd say that there are a couple of things that we need in writing to get this commitment
out there beyond the fact that you need to ask the hearing officer to make a
recommendation to the Council to get a grant of time before my dept, DSI, can issue
the permits; we're kind of in a Catch 22 here; the hearing officer will identify what the
city needs
Ms. Moermond: I need a Revised Work Plan with timelines from whomever is doing
the work; I want a detailed Sworn Construction Statement with all the subs listed that
demonstrates you are addressing all the items in the Code Compliance Inspection
Report, which is dated Jun 6, 2017; you will need to maintain the property; I need
documentation that you have the funds to complete the project; an affidavit from
Wayne Benson, Walker Properties LLC, that he has the financial capacity &
willingness to finish the project
-your $5000 Perf Dep will be forfeited; another $10,000 Perf Dep will be required to get
a grant of time
Mr. Stroklund: realistically, I think that we could do a very nice job in 120 days from
issuance of permit
Mr. Magner: it's our experience that when a project is not completed under the time
frame established by City Council, the City Council chooses to either forfeit the Perf
Dep/require an additional Perf Dep up to $10,000; if the situation is that the company
is going to post a new Perf Dep & if they failed again, my assumption would be that
we'd be back here to do a Making Finding & Council would then forfeit the 2nd Perf
Dep & order the dept to raze the structure; so, if 6 months from today, the rehab is not
completed, not only would the owner have lots $10,000 in Perf Dep but he would also
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end up with a vacant lot & an assessment
Ms. Moermond: we will send you a letter confirming everything that we talked about,
which will give you an opportunity to respond
-this is scheduled to go in front of City Council Feb 7, 2018 at 3:30 pm; at that time, I'll
ask them to continue the matter for 2 weeks for the paperwork to be pulled together;
so, the deadline is Feb 20, 2018 for us to review everything at LH; you may submit
materials ahead of time; I will recommend to Council that they forfeit the Perf Dep &
require an additional $10,000 Perf Dep; then, we will be back at Council on Feb 21,
2018
Mr. Stroklund: I will be out of town on Feb 20
Mr. Laitinen: Mr. Stroklund will have a sworn construction statement by then with a
revised work plan, so, I would think that you don't have to be here
Ms. Moermond: I would like a pretty high level of detail in your sworn construction
statement, including the bids that you're using; I want to see a demonstration that all
of the items in the code compl insp report are going to be done
____
Public hearing continued to Feb 20.
The following conditions need to be met by February 16 in order to get a
recommendation of a grant of time to rehabilitate the structure from the City Council:
1. An additional $10,000 performance deposit will need to be posted with DSI at 375
Jackson St, Ste 220, St Paul MN 55102 – please note that the deposit will be returned
with interest when the code compliance certificate is issued within the grant of time
from the City Council; (NOTE: Ms. Moermond is recommending the City Council
forfeit the current $5,000 performance deposit);
2. A detailed work plan or sworn construction statement, including timelines and bids,
for completing the work will need to be provided;
3. Documentation of financing sufficient to execute the above work plan will need to
be demonstrated (line of credit, construction loan, personal bank account);
4. If the funds being used are not tied to the project (such as a construction loan), we
require an affidavit from Walker that states the necessary funds will be set aside from
other business or personal accounts; and
5. the property must be maintained.
Referred to the City Council due back on 2/7/2018
11:00 a.m. Hearings
Summary Abatement Orders
7 RLH SAO 18-8 Appeal of Liberty Tax to a Summary Abatement Order at 472
LEXINGTON PARKWAY NORTH.
Sponsors: Thao
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Legislative Hearings Minutes - Final January 30, 2018
Rescheduled per owner's request.
Laid Over to the Legislative Hearings due back on 2/6/2018
8 RLH SAO 18-9 Appeal of Kendra Logan to a Summary Abatement Order at 1082
SHERBURNE AVENUE.
Sponsors: Thao
Kendra F. Logan, owner, appeared.
Supervisor Lisa Martin: on Jan 18, 2018, a Summary Abatement Order was issued to
the Occupant & owner at 1082 Sherburne Ave: "Remove discarded flower pots & chair
from the blvd by Jan 25, 2018;" photo; I spoke with Ms. Logan & I went out there
myself; there's a metal folding chair that is obstructing; Ms. Logan said that she sets
the chair there so that people can't walk the walkway (not something that we would
allow); the flower pots are very nice big, beautiful flower pots; unfortunately, we look at
actual plantings in the blvd after they receive a permit; there is no permit on file and
Public Works considers flower pots an obstruction on the blvd; I asked Ms. Logan to
remove the chair & to possibly put the flower pots in her yard - not on the blvd; when I
went back to do the inspection, the chair was still there; I encouraged Ms. Logan to file
an appeal
Ms. Moermond: is this an area with a driveway or with an alley?
Ms. Logan: there is an alley
Ms. Martin: PW won't allow any obstruction of any kind in a public right-of-way above a
certain height without a permit
Ms. Logan: that's a large plastic flower pot; I've been there for 4 years & it's been
there for 4 years; obviously, they've plowed for 4 years & nothing has been damaged; it
doesn't come near the curb; it's a very wide blvd; I have 2 pots on each side
Ms. Moermond: you can easily see thru the plantings; it's not going to obstruct
Ms. Logan: and, even when people open their car door, the pot is nowhere near the car
- approx 2 ft from curb
-I plan to move the chair & get a "Do Not Park" sign to put out; we have a lot of
parkers there (light rail, too) & that causes trouble for my mom, who walks with a cane,
comes over; she comes over quite often
Ms. Moermond: so, you may qualify for "handicapped parking" - check out that
application process with Public Works
-checking the code, if the conditions continue to be substantially the same as shown
in this photograph, I'll recommend that Council grant your appeal
Grant the appeal.
Referred to the City Council due back on 2/14/2018
Correction Orders
9 RLH CO 18-6 Appeal of Victoria Downey to a Correction Notice at 865 HOWELL
City of Saint Paul Page 12
Legislative Hearings Minutes - Final January 30, 2018
STREET NORTH.
Sponsors: Stark
Victoria Downey, owner, appeared.
Supervisor Lisa Martin: Jan 17, 2018 Corr Not issued; talks about no permit/site plan
for fence that appears to be 12 feet high at some point
-I spoke to owner regarding the fence & when she purchased the home, the fence was
there; it's blocking the industrial area behind the fence
Ms. Downey: the fence is definitely not 12 feet high; bought house Apr 2013 with
existing fence; at the time, the fence was extremely dark in color; it had been built a
long time ago; don't know when; it was clearly built the same time the neighbor's fence
was built (extends into their yard); I think the fence is only about 8 ft high; there's an
alley between my land and the industrial land
Ms. Moermond: in the photo you submitted, the section of fence close to the garage,
it looks like it's taller than the roof line; could be 10 ft
Ms. Downey: it's the angle of the photo; it's not actually higher than the building
Ms. Moermond: were there Orders written for the adjacent property (861)?
Ms. Martin: I do not know; (after checking: no)
-actually, this was a Fire C of O for the neighbor's property; Ms. Huseby took a photo
of the fence & she referred it to the neighboring property
Ms. Moermond: the neighbor's property is a rental (Fire C of O); yours came in as a
Corr Order because yours is an owner-occupied property
-I can live without you having a fresh permit; it's old; it seems to be structurally sound
but I do have a problem with the height; even the industry couldn't have a 12 ft high
fence
-I will recommend that you get a 2 foot variance which would take you down to what an
industrial area would allow; deadline: Jul 1, 2018 - get it down to 8 ft (a 2 ft variance)
____
Deny the appeal but will recommend City Council grant a variance for the fence to be 8
feet tall.
2/1/18 FOLLOW-UP NOTES:
-Code allows maximum 7 foot fence residential, 8 feet industrial.
-This fence measure at 8 1/2 feet high, which measurement was provided AFTER the
Legislative Hearing. In photos, it's clear the fence exceeds the height of the rain gutter
on the garage and so it was presumed to be 10 feet tall.
-Recommendation to allow fence to be 8 feet tall will need to be revisited based on
new information.
-MM
Referred to the City Council due back on 2/21/2018
10 RLH CO 18-5 Appeal of Maria T. Denison to a Correction Notice at 1990 HOYT
AVENUE EAST. (Legislative hearing on February 20, 2018)
Sponsors: Bostrom
City of Saint Paul Page 13
Legislative Hearings Minutes - Final January 30, 2018
Maria Denison, owner, & her husband, appeared.
Inspector Stephan Suon: back in Jun 2017, we received the original complaint; I
Condemned the properties for lack of egress; fire hazard; excessive storage & other
deficiencies; then, the Condemnation was lifted; we had an appeal; we've had
correction notices since then; an excessive consumption which she appealed
-13 items on the Corr Notice: oversized beds in the very small bedrooms (purpose is
to create room for movement); there are plenty of photos; in the basement, there are
fixtures missing, exposed wires, holes
Ms. Moermond: are these conditions different from what you've been seeing or have
things worsened?
Mr. Suon: there's been some attempt to clean things up but there's still ....
primary violations for Condemnation were excessive accumulation, fire hazards, lack of
egress; House Calls brought in 3 dumpsters; the bedrooms had never been taken care
of
Ms. Moermond: would you say that the lack of ability to move around is sufficient for a
Condemnation again?
Mr. Suon: No; the photos are dated Dec 11, day of inspection
Supervisor Lisa Martin: looking at the Orders, there could be some clarification; we
will address that
Ms. Moermond: oversized beds on the main floor
basement includes: living room ceiling fixture; laundry room; electrical panel; fixtures;
light fixture covers; bathrooms, excessive accumulation (asking for a reduction by
25%)
-wondering what the plan is
-the bill for excessive consumption is for failure to comply
Ms. Denison: I'm trying to work with Stephan; I've donated more; basement looks
more clean; & upstairs looks better; about the bed - I have 1 Queen & 1 bumper bed
in 1 room; the Master bedroom looks little because it's a king size bed & the room
doesn't have a closet; I have 6 kids in my little house; the Queen bed is in front of the
window; kids can jump right out; the room with king size has a bid window in front of
the bed; have only 3 bedrooms
Ms. Martin: #5 - the electrical throughout basement needs to be looked at; our concern
is about an electrical fire; we have 6 children & parents; what is the possibility of
getting an electrical contractor out there to make sure this is a safe environment for
them to remain there?
Mr. Denison: some of that is resolved now; there's room for the electrical panel, water
heater
Ms. Martin: do you have someone lined up for the electrical to get a permit pulled to
check the electrical?
Ms. Denison: I called 3 companies; it's expensive; I spoke with the social worker &
they have no programs for this kind of money; right now, husband has no work - the
company closed & I'm working from 10:30 pm - 6:30 am; it's $450 for electrical bill & I
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Legislative Hearings Minutes - Final January 30, 2018
must pay that bill; I'm working hard & have no money to pay for electrical contractor
Mr. Denison: we took care of fixture covers; there's no daisy chain in the basement;
we put face plates on; most electrical stuff is superficial; the extension cords are gone;
if we can eliminate this electrical expense, it becomes achievable;
-are king size beds illegal?
Ms. Moermond: it's about movability; I need better info about what size the room is &
how big the bed is
Ms. Denison: all my clothes are downstairs; it looks like a big closet
Ms. Moermond: we'll get a fresh inspection; if the electrical things are taken care of,
I'm happy
Ms. Martin: I'm willing to assist with this; I will go out with Stephan & do a final
walk-thru
Ms. Moermond: I would like to send Inspectors Martin & Suon out again; when do you
think that you'll have this list addressed? I'm willing to work with you on the beds
Ms. Denison: give me a week or so
Ms. Martin: I'd suggest that they contact Xcel for their Inability to Pay Program, which
is based on only 1 income & number of children; they may qualify for a reduced
amount; call them & let them know your situation
Ms. Denison: I did already with the social worker; she gave me $500 & said there was
no more money available
Ms. Moermond: there are several kinds of energy assistance programs out there; I'd
check with Xcel
Ms. Martin: when I come out there, I will bring you a bunch of information; in your area
there are places where you can get food...... etc.
Ms. Moermond: I will give you 2 weeks; let's get an inspection done
Ms. Martin: I can do a Feb 14, 2018 inspection at 11 am
Ms. Moermond: that will work; I'd like a report back at Feb 20 LH; I will review it; it will
go to City Council on Feb 21 (a resolution for an extension to get things under control)
-I will be looking for floor space to be able to move around
-one thing that's not in the Orders - you need clearance around the water heater &
service panel
____
Legislative Hearing on February 20. Forthcoming, pending result of February 14
inspection.
Referred to the City Council due back on 2/21/2018
11 RLH CO 18-4 Appeal of Jeff Groves to a Correction Notice at 873 SCHEFFER
AVENUE.
City of Saint Paul Page 15
Legislative Hearings Minutes - Final January 30, 2018
Sponsors: Noecker
Jeff Groves, tenant, appeared.
Supervisor Lisa Martin: Inspector Mark Kaisersatt went out Jan 5, 2018 & issued a
Correction Notice to 873 Scheffer Ave; there are 2 enclosed trailers on an unapproved
parking surface; also, a temporary structure that does not meet the requirements of
the building code; we asked that those be removed from the property; I also received
information from Fire Supervisor A. J. Neis that they have issued an Order to remove a
wood burning stove, as well
Ms. Moermond: I see that the Order went to 2 different parties: 1) Roscoe Anderson
in Eden Prairie; and to 2) Renae Mularky/Weir Sr at 873 Scheffer
Mr. Groves: I am the tenant; the temporary structure was put together by my neighbor
& myself; it has industrial canvas over it & I am more than happy to take it down; I
didn't think it was an issue with my neighbor; I have an X-girlfriend, who called the Fire
Dept & told them that we were burning trash in the wood stove, which we are not; we're
burning oak fire wood; since Mr. Kaisersatt was out, we aren't burning anything; I've
had several conversations with him about it; I'm asking if I could have until the weather
thaws to take it down because it's all frozen into the ground right now
-the trailers have been removed; they won't be back; if I decide to bring them back, I'll
put down pavers & get it approved by the city
Ms. Moermond: things should be thawed out by May 1, 2018; the stove should not be
used during the interim
Grant to May 1, 2018 conditioned that the stove is not being used.
Referred to the City Council due back on 2/14/2018
11:30 a.m. Hearings
Orders To Vacate, Condemnations and Revocations (NONE)
1:30 p.m. Hearings
Fire Certificates of Occupancy
12 RLH FCO 18-14 Appeal of Minnesota Place, LLC to a Correction Notice - Complaint
Inspection at 46 FOURTH STREET EAST.
Sponsors: Noecker
Renee Retterath & Kaytee Schugel, regional property manager, appeared.
Fire Supervisor Leanna Shaff: re: this is a 137 unit high rise; Inspector Brian Schmidt
responded to the complaint that smoke detectors did not go off when a small fire
occurred & both elevators were inoperable leaving no alternatives for the disabled; just
a week before, there were a couple of fires in the building (candles & unattended
cooking); Insp Schmidt was involved with both referrals; he writes: I went to the
property; the elevators are working which is a good thing; the alarm system was in
trouble (if it's in the trouble mode, it may not be reporting a fire; the Fire Dept doesn't
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Legislative Hearings Minutes - Final January 30, 2018
know what is actually going on); it means that the indicator isn't working properly;
there's some confusion because the alarm company said that it was working
-Insp Schmidt wrote Orders that the fire alarm system must be maintained in an
operative condition at all times; also, to provide a fire watch until the fire alarm system
is returned to service (provide documentation)
-later on, Insp Schmidt got indication that building management said they learned from
a technician that the fire alarm system was working; the city needs that report in
writing; he also said that they do have a security presence, so a fire watch isn't
necessarily an additional burden
-the appeal says that the complaint was made by a trespass squatter who was evicted
but later broke back into the unit
-supposedly the alarm company came out & checked it out but we don't have any
documentation that they did
Ms. Schugel: we are appealing the Correction Notice, dated Jan 17, 2018 (ref #10205),
only pertaining to Unit #405
Ms. Moermond: there's been a subsequent Order, dated Jan 25, 2018
Ms. Schugel: we plan to appeal that, too
Ms. Shaff: Orders dated Jan 17, 2018: they had a fire & Insp Schmidt responded to a
referral; the list is re: Unit #405 (photos):
1. clean discoloring from wall due to smoke & all other surfaces
2. repair kitchen cabinet drawer in an approved manner
3. reduce combustibles by 50%; I was unable to walk thru the unit
4. remove the latch lock to the front door
Ms. Schugel: from my understanding, there wasn't an actual fire; we had some
discoloration on the wall from soot from a candle & that's why the fire alarm went off
having the Fire Dept respond; we don't have actual fire damage in that unit but there's
soot on the wall
Ms. Shaff: Fire Dept comments: unattended candle had burned down & started a
small fire
Ms. Schugel: that's not what my understanding was
-the reason why we wanted to appeal the Correction Notice was because we didn't have
control of the situation because we had removed the individual from the unit & they
broke back in, lit a candle & left it unattended; we didn't know that they had access to
the unit; they broke a hole in the door
-we certainly want to correct these items & keep our good standing with the city
-the lock on the exterior of the door was installed to keep the person out of the unit
because she kept returning & re-entering; it was the only way that we could keep her
out while we repaired the door (photo)
-we have been having homeless issues
-this person is actually the daughter the tenant of that uni, who had passed away; she
moved herself into her mother's unit after her mother had died; she has a lot of mental
issues & has been harassing our residents; she keeps breaking into our building
-we've done 2 trespass Orders but she comes during the early morning hours, pushing
her way into the building
-the door has been fixed now & we have an occupant waiting to get in
Ms. Moermond: the Jan 17 Orders are now in control; you are in compliance with unit
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Legislative Hearings Minutes - Final January 30, 2018
#405; re-inspection Feb 7, 2018
-let's deal with Unit 304 from the Jan 25 Correction Orders - the cooking fire that
happened on Jan 23, 2018
Ms. Shaff: Jan 23: Fire Dept called to report an alarm sounding in a high rise
building; smoke condition outside the apartment with water flowing under the closed
door; made entry thru an unlocked door; found food on the stove - fire was
extinguished by a sprinkler head (unattended cooking); photos
Ms. Moermond: taking these 2 units together
-something happened that there was a trouble reading when the fire inspector went out
there; when was the Fire Inspector there?
Ms. Shaff: the referral came in Jan 24, 2018: smoke detector didn't go off when a
small fire occurred on Jan 16, 2018; the elevators were inoperable
Ms. Moermond: so the city needs documentation that the alarm is operational; who is
your company?
Ms. Schugel: Brothers Fire
-we have a tenant in that bldg who was fearful because the alarms on the 13th floor did
not go off when the fire occurred; she made the complaint, so Insp Schmidt came out;
the actual complaint was that the elevators were not working; they were down for a little
while because the Fire Dept pushed water down our elevator shaft when the fire
happened, which shut down the elevators; the tenant was not happy about that, called
to complain; Insp Schmidt came the morning of Jan 25; the elevators were back up &
running again; we had addressed that; 3 sensors were not working because they had
gotten wet; they were taken out & put on tests so that the rest of the system would
continue operating properly; the system in the Minnesota Bldg is a floor by floor
system; it will evacuate the floor below, the floor above, then, the alarm stops being
set off to a certain floor; it was just her sense of fear that the elevators were not
operating on her floor & that's why the complaint was submitted; it, however, was
operating the way in which it was designed to operate; I got a report from Brothers Fire
in response to the 25th
Ms. Moermond: so, we can see that report
Ms. Schugel: yes; I have it via email; haven't been able to print it yet; I will email it to
you
Ms. Shaff: then, it looks like this whole issue would be resolved
Ms. Moermond:
Grant the appeal, noting that they are now in compliance.
Referred to the City Council due back on 2/14/2018
13 RLH FCO 18-7 Appeal of Brian L. Kraut to a Re-Inspection Fire Certificate of Occupancy
with Deficiencies at 749 MARYLAND AVENUE EAST.
Sponsors: Bostrom
Brian L. Kraut, owner, appeared.
City of Saint Paul Page 18
Legislative Hearings Minutes - Final January 30, 2018
Ms. Moermond: we have a re-inspection for a set of Fire Orders
Mr. Kraut: I have lived there full time for 3 1/2 years; I'm currently helping someone
who is disabled (back surgery) & lives 2-3 doors away; he is now getting assistance
-entered documentation; the property was a foreclosure that I bought with a partner,
where I had paid about 95% of the cost of the home; we had gone in on a business
partnership under Metro Home Sales but as we proceeded to buy the first house at 679
Maryland Ave (which has since been sold), the partnership had dissolved; we had gone
to court & I was awarded the house that I'm currently living in & half the proceeds of
the other property at 679 Maryland Ave; he had put both properties under his name
-I also paid all the back taxes that my partner did not pay; I had gotten served by a
sheriff; I haven't paid the most recent taxes of Oct 15, 2017; I went down to Ramsey
County after Brian Schmidt told me what I needed to do but things didn't change right
away & Mr. Schmidt kept coming out
-it's Brian's concern now that I have a renter in there; it's temporary
Ms. Moermond: you're allowed to have people live with you
-so, you are in the process of getting this recorded into your name
Mr. Kraut: Correct; I thought I did it properly at the time when I paid the taxes but... I
filled the wrong paperwork out.. or .. I don't know
Ms. Moermond: so, you need to pay the last half of your 2017 taxes & you need to file
this paperwork; the court judgment does seem to be clear that you will become the
owner upon completion of those things
-should probably take about 3 weeks to get it all resolved
-taking this all together, I will Recommend that Council grant your appeal that you are
an owner-occupant
Grant the appeal.
Referred to the City Council due back on 2/14/2018
2:30 p.m. Hearings
Vacant Building Registrations
14 RLH VBR 18-3 Appeal of Danielle Sobaski to a Vacant Building Registration
Requirement at 1124 MATILDA STREET.
Sponsors: Brendmoen
Danielle Sobaski, owner, appeared.
Ms. Moermond: we went through a discussion on the Vacate Order & eventually, I
recommended that the City Council deny the appeal & the Vacate Order & to send this
to the VB Program; you are appealing the Council's decision on that to Appeals Court;
in the meantime, you're in the VB Program & I'd like to see you get some credit for the
work you have been doing & to get a fresh assessment of whether this continues to be
a building that should be considered a Category 2 or a Category 1 VB because the
conditions were by & large, sanitation issues; so, I'd like Mr. Dornfeld to go out & .....
Supervisor Matt Dornfeld, Vacant Buildings: I have not been on the interior; Inspector
Martin has a detailed report on past inspections; I would be happy to re-inspect the
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Legislative Hearings Minutes - Final January 30, 2018
interior of the property to see what improvements have been made; it appears that
there was an approved electrical permit with corrections done Dec 29, 2017; so, that's
a positive
Ms. Sobaski: I'm putting brand new cabinets into my kitchen, so I'd like at least a day
or two to finish the cabinets before Mr. Dornfeld comes over; the kitchen was the
primary concern for the sanitation issue, so I pulled the counter & cabinets
Mr. Dornfeld: we can do it whenever you would like
Ms. Moermond: on Feb 13, 2018, I'd like a report back from Inspector Dornfeld on his
assessment of the condition of the building, whether it merits a Code Compliance Insp
or Correction Orders for completing what yet needs to be done
Mr. Dornfeld: I will email you in the morning with some open dates closer to Feb 13 to
allow the most time to deal with the life safety issues
____
Inspection to occur for assessment of the condition in the building to determine
whether it needs a code compliance inspection or a correction order to make the
repairs.
Laid Over to the Legislative Hearings due back on 2/13/2018
15 RLH VBR 18-5 Appeal of Randall Bibeau, on behalf of William Gobely, to a Vacant
Building Registration Fee Warning Letter at 1560 CANFIELD AVENUE.
Sponsors: Stark
Randall Bibeau appeared on behalf of William Gobely.
Supervisor Matt Dornfeld, Vacant Buildings: history -- I Condemned this propery on
Feb 8, 2017; since then, we do have a code compliance inspection on file; currently,
we have open building & electrical permits; the plumbing permit has been finaled;
throughout 2017 & briefly 2018, we had 210 days worth of Vacant Building fee waivers
Mr. Bibeau: for some reason, they've got the VB going back to 2016, 5 months prior
to your coming into the space; the woman I talked to at VB couldn't explain it either; it
now shows a credit from Nov 2016 - Feb 2017
Mr. Dornfeld: I will look into that; I had to leave my computer back in the office today
due to getting a new system; either way, the VB fee of 2017 has gone to assessment
Ms. Moermond: we're talking about the 2018-2019 VB fee
Mr. Bibeau: I had an electrical guy call me last week, so, somebody must be
talking.... & wanted to know why the electrical permit was still open since it's been
finaled since DSI approved it & it was closed (in STAMP); we're going to move the
mast when we do the roof...... and
Ms. Moermond: what are you looking for today?
Mr. Bibeau: after we did the Code Compliance... the direction the last time we met
was that we thought that
there was major code violations & that you wanted Abel to look at it & say whether it
should go to code compliance or whether... ; based on the pictures...
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Legislative Hearings Minutes - Final January 30, 2018
-the code compliance report came back & we now know that it doesn't have the major
code violations that were suspected
Ms. Moermond: the building was Condemned; it is automatically a Category 2
Registered Vacant Building; by definition of the Legislative Code, you needed to get
the code compliance done; the fact that it is a small code compliance report is a
blessing - there's very little to do then & it sounds like you're making great progress
-I am surmising that you're here to say, "We're almost done; we'd like a waiver on the
VB fee because we're going to be done soon"
Mr. Bibeau: we're not going to be able to do the roof until summer but we really don't
have a lot of stuff to do; I just wanted to point out that we did not have the major code
violations that were suspected
Ms. Moermond: but it was Condemned; it was a gross unsanitary....
Mr. Bibeau: I assume that's cleared up to now
Ms. Moermond: but when you are in that condition, the Legislative Code is clear, you
go from Condemned to a Category 2 Registered Vacant Building & Mr. Gobely could
not live there because of the health & safety issues in the house
-you are close to being done; you want the VB fee waiver; let's try to save this guy
some money so he can put it back into the house
-with us today is the City's Building Official, Mr. Steve Ubl; he is in charge of all of the
trades & I'd like to get his read about how he feels about the roof
-Mr. Ubl, what are you looking for in order to have the Code Compliance Certificate
issued either on a temporary or permanent basis?
Mr. Ubl: we had a conversation with Mr. Bibeau & Jim Seeger last week; it is my
understanding that a scheduled final inspection has not yet been set up; it is my
understanding that there are still some deficiencies that need to be completed inside
the house and we can't determine that until somebody asks for a final inspection; it is
my understanding that the roof is not completed; I have no idea the condition of the
roof, whether it leaks, is it a hazard; etc; that is an assessment that Mr. Seeger needs
to make whenever an inspection is scheduled; it's my understanding that you, Mr.
Bibeau, obtained the electrical permit & that you purchased that electrical permit to
perform above & beyond the code deficiencies that were on the code compliance insp
report
Mr. Bibeau: correct
Mr. Ubl: one of those items is to elevate the mast of the electrical service company to
the home that is to be done when the roof is completed; notes in the computer system
state: "all electrical deficiencies on the code compliance report have been completed
& satisfied;" so, the additional fees that he has paid under an electrical permit still
afford the luxury of that permit staying open for work to be completed within 180 days;
the building permit is something that we can't do anything about until there's a
scheduled appointment for a final inspection (that's what we're waiting for at this point)
Mr. Bibeau: Jim Seeger was out a couple of weeks ago which allowed us to close out
the remaining walls; & he looked at the rest of the stuff
Mr. Ubl: some of the work that was performed could have been & was satisfied under
the plumbing permit; also the deficiencies that were under the mechanical permit;
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those items have been satisfied
Ms. Moermond: my concern is getting everything in the bldg signed off except for the
roof & would that be adequate for Mr. Gobely to move back in again? We won't know
until Mr. Seeger takes a look, right?
Mr. Ubl: yes; a report should come from Mr. Seeger
Mr. Bibeau: the roof was installed in 2006 under permit; there's a recall on the
shingles, themselves; because Mr. Gobely put on rain & weather shingles, there won't
be a leak
Mr. Ubl: Mr. Seeger can tell us
-when are you anticipating scheduling the final inspection with Mr. Seeger?
Mr. Bibeau: probably in May for the interior stuff; Mr. Gobely is the homeowner; every
day he goes to work & has about 2 hours each night from 6-8 pm to work on it & the
weekends; & he's doing the work himself (taping, skin coating & everything that needs
to be done)
-I'm Mr. Gobely's representative
Mr. Ubl: can you define representative?
Mr. Bibeau: I'm a friend of his; I've been helping him; he doesn't have email, he
doesn't have....
Mr. Ubl: how did you obtain the electrical permit?
Mr. Bibeau: I went down & paid for it; he filled out the paperwork
Mr. Ubl: so, he signed the affidavit; he pulled the permit under his name
Mr. Bibeau: correct; he's the guy that went to electrical school
Mr. Ubl: that's not what we're seeing in our system, here; that's a different issue I'll
adjust later
Mr. Bibeau: I didn't do anything wrong; I just turned it in.... did the same thing for
building & plumbing; well, actually, my cousin pulled the plumbing
-I don't know if I did anything wrong
Ms. Moermond: this entered the VB Program on Feb 8, the same date as the
Condemnation; so, it's real easy to do a 90-day waiver on the VB fee, which will get you
out to May 8, 2018
Mr. Bibeau: we're not even starting the roof until the summer
Ms. Moermond: but if the roof is OK enough, then, Mr. Seeger has the option to allow
occupancy while that roof is getting done if everything else is completed
Mr. Ubl: the building section of the Dept of Safety & Inspections typically allows
escrow items to be extended until May 31 of the following spring; I didn't quite hear that
here
-this arena is not my arena; it's yours; I'm expressing what is typical from our bldg
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Legislative Hearings Minutes - Final January 30, 2018
division
Mr. Bibeau: I didn't understand what he meant
Ms. Moermond: what he means is that if Mr. Seeger went in today & finaled the interior
& you still have the roof, the normal course of events would be that May 31 would be
the deadline to finish the roof
-I'm willing to go a bit further out, to Jul 8, 2018 for roof completion
___
Waive the VB fee for 90 days (until May 8, 2018). If in compliance with all interior
items, building official has agreed to allow re-occupation, noting an additional 60 days
(until July 8, 2018) will be granted to come into compliance with orders on the roof.
(Note, if additional roof violations found, they will also need to be addressed.)
Referred to the City Council due back on 2/14/2018
City of Saint Paul Page 23
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 30, 2018 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 1060
17-46 AVON STREET NORTH within fifteen (15) days after the January 3, 2018,
City Council public hearing.
Sponsors: Brendmoen
Attachments: 1060 Avon St N.OTA 10-18-17
1060 Avon St N.PH 11-17-17
1060 Avon St N.SHPO Form 11-8-17
1060 Avon St N.Photos 4-25-16
1060 Avon St N.Photos 10-12-17
1060 Avon St. N.Photos.12-19-17
1060 Avon St N.Klemmer Ltr.12-12-17.doc
1060 Avon St N.RR Cullen-Klemmer Ltr.1-5-18.doc
1060 Avon St N.chain emails.1-19-18.pdf
1060 Avon St N.chain emails.1-22-18.pdf
1060 Avon St N.Addendum Purchase Agreement.08-24-17.pdf
1060 Avon St N.Purchase Agreement.09-29-17.pdf
2 RLH RR 18-4 Ordering the rehabilitation or razing and removal of the structures at 642
CHARLES AVENUE within fifteen (15) days after the February 14, 2018,
City Council Public Hearing.
Sponsors: Thao
Attachments: 642 Charles Ave.OTA 10-30-17
642 Charles Ave.Photos.10-26-17
642 Charles Ave.PH 12-15-17
642 Charles Ave.SHPO Form 11-8-17
642 Charles Ave.Photos 9-12-12
City of Saint Paul Page 1 Printed on 1/26/2018
Legislative Hearings Meeting Agenda - Final January 30, 2018
642 Charles Ave.Zhou Ltr.1-19-18.doc
3 RLH RR 18-2 Ordering the rehabilitation or razing and removal of the structures at 1536
VAN BUREN AVENUE within fifteen (15) days after the February 14,
2018, City Council Public Hearing.
Sponsors: Stark
Attachments: 1536 Van Buren Ave.OTA 10-25-17
1536 Van Buren Ave.PH 12-15-17
1536 Van Buren Ave.SHPO 11-2-17
1536 Van Buren Ave.Photos.10-19-17
1536 Van Buren. Ave.Condemnation Ltr.8-9-16
1536 Van Buren Ave.Photos.8-9-16
1536 Van Buren Ave.Henneman-Bjerkness Ltr.1-19-18.doc
10:00 a.m. Hearings
4 RLH RR 18-9 Making finding on the appealed nuisance abatement ordered for 106 KING
STREET EAST in Council File RLH RR 17-21.
Sponsors: Noecker
Attachments: 106 King St E.Making Finding ltr.doc
5 RLH RR Making finding on the appealed nuisance abatement ordered for 544
17-48 MINNEHAHA AVENUE WEST in Council File RLH RR 17-12. (To be
referred back to Legislative Hearing on January 30 with a Public Hearing
on February 14)
Sponsors: Thao
Attachments: 544 Minnehaha Ave W.Making Finding Notice of Hrg.12-11-17.doc
544 Minnehaha Ave W.Making Finding Revised Notice of Hrg.12-11-17.doc
544 Minnehaha Ave W.Making Finding Revised Notice of Hrg.12-11-17.Resent.doc
544 Minnehaha Ave W.30-Day Perf Dep Forfeit Notice.11-29-17
544 Minnehaha Ave W.Making Finding Ltr.1-4-18.doc
544 Minnehaha Ave W.R-R Making Finding Ltr.1-12-18.doc
544 Minnehaha Ave W.RR Findings Ltr.1-19-18.doc
6 RLH RR 18-5 Making finding on the appealed nuisance abatement ordered for 670
WESTERN AVENUE NORTH in Council File RLH RR 17-22.
Attachments: 670 Western Ave N.30 Day Deposit Forfeit Ltr.12-19-17
670 Western Ave N.R-R Findings Ltr.1-11-18.doc
11:00 a.m. Hearings
Summary Abatement Orders
City of Saint Paul Page 2 Printed on 1/26/2018
Legislative Hearings Meeting Agenda - Final January 30, 2018
7 RLH SAO Appeal of Liberty Tax to a Summary Abatement Order at 472 LEXINGTON
18-8 PARKWAY NORTH.
Sponsors: Thao
Attachments: 472 Lexington Parkway N.appeal.01-22-18
472 Lexington Parkway N.photo.01-12-18
472 Lexington Parkway N.Photos.01-24-18.pdf
8 RLH SAO Appeal of Kendra Logan to a Summary Abatement Order at 1082
18-9 SHERBURNE AVENUE.
Sponsors: Thao
Attachments: 1082 Sherburne Avenue.appeal.1-25-18
Correction Orders
9 RLH CO Appeal of Victoria Downey to a Correction Notice at 865 HOWELL
18-6 STREET NORTH.
Sponsors: Stark
Attachments: 865 Howell St N.appeal.1-24-18
10 RLH CO Appeal of Maria T. Denison to a Correction Notice at 1990 HOYT
18-5 AVENUE EAST.
Sponsors: Bostrom
Attachments: 1990 Hoyt Ave E.appeal.1-16-18
1990 Hoyt Ave E.Photos #1.1-9-18.pdf
1990 Hoyt Ave E.Photos #2.1-9-18.pdf
1990 Hoyt Ave E.Photos #3.1-9-18.pdf
1990 Hoyt Ave E.Photos #4.1-9-18.pdf
11 RLH CO Appeal of Jeff Groves to a Correction Notice at 873 SCHEFFER
18-4 AVENUE.
Sponsors: Noecker
Attachments: 873 Scheffer Avenue.appeal.01-16-18
873 Scheffer Ave.photos.01-03-18
873 Scheffer Ave.Correction Notice.1-3-18
11:30 a.m. Hearings
Orders To Vacate, Condemnations and Revocations (NONE)
1:30 p.m. Hearings
Fire Certificates of Occupancy
City of Saint Paul Page 3 Printed on 1/26/2018
Legislative Hearings Meeting Agenda - Final January 30, 2018
12 RLH FCO Appeal of Minnesota Place, LLC to a Correction Notice - Complaint
18-14 Inspection at 46 FOURTH STREET EAST.
Sponsors: Noecker
Attachments: 46 E. Fourth St.appeal.01-26-18
13 RLH FCO Appeal of Brian L. Kraut to a Re-Inspection Fire Certificate of Occupancy
18-7 with Deficiencies at 749 MARYLAND AVENUE EAST.
Sponsors: Bostrom
Attachments: 749 Maryland Ave E.appeal.01-10-18
749 Maryland Ave E.photos.11-09-17
749 Maryland Ave E.photos.10-23-17
749 Maryland Ave E.photos.09-22-17
2:30 p.m. Hearings
Vacant Building Registrations
14 RLH VBR Appeal of Danielle Sobaski to a Vacant Building Registration Requirement
18-3 at 1124 MATILDA STREET.
Sponsors: Brendmoen
Attachments: 1124 Matilda St.appeal.1-12-18
15 RLH VBR Appeal of William Gobely to a Vacant Building Registration Fee Warning
18-5 Letter at 1560 CANFIELD AVENUE.
Sponsors: Stark
Attachments: 1560 Canfield Ave.appeal.01-25-18
City of Saint Paul Page 4 Printed on 1/26/2018