Legislative Hearings
Regular MeetingSt. Paul, MN · December 27, 2018
Minutes
15 West Kellogg Blvd.
City of Saint Paul Saint Paul, MN 55102
Meeting Minutes - Action Only
Legislative Hearings
Marcia Moermond, Legislative Hearing Officer
Mai Vang, Hearing Coordinator
Jean Birkholz, Hearing Secretary
legislativehearings@ci.stpaul.mn.us
651-266-8585
Thursday, December 27, 2018 9:00 AM Room 330 City Hall & Court House
9:00 a.m. Hearings
Remove/Repair Orders
1 RLH RR 18-52 Ordering the rehabilitation or razing and removal of the structures at 1368
ALASKA AVENUE within fifteen (15) days after the January 9, 2019, City
Council Public Hearing.
Sponsors: Tolbert
Michael Stephani, Attorney, Dykema Gossett PLLC, appeared o/b/o Mortgage
Electronic Registration System (MERS), Deutsche Bank & Ocwen Loan Servicing LLC
Steve Magner, Code Enforcement Manager: read letter (attached) dated Dec 13, 2018
to Michael Stephani that listed items that she would like to see at LH on Dec 27, 2018:
1) confirmation of property ownership; 2) property to be cleaned out; 3) application for
code compliance inspection completed; 4) work plan with time lines for all items on the
code compliance inspection report to be addressed; 5) a written affidavit that the
necessary funds are set aside to complete the rehabilitation; and 6) $5000
performance deposit posted no later than Jan 2, 2019
-you can see from the attachments of emails that were sent including one on Dec 26
that says a sheriff's sale was completed & Deutsche Bank is the present owner; that
photos were submitted by the contractor verifying the property clean-out; etc.
-another email was submitted yesterday, Dec 26, 2018 at 3:34 pm from a separate
individual, Katrina Cose, that indicates that there might be some confusion among the
entities representing the property
Ms. Moermond summarized Mr. Stephani's email: the bank was able to provide the
sheriff's certificate of sale & clean out the property but you did not do the other things
which are required, including Ordering an inspection & posting a deposit
-an email from Katrina Cose at National Asset Protection Agency indicates that she
works for the bank that has ownership of the above property & is trying to accomplish
the things to bring it out of violation. She was informed today that there's a hearing
tomorrow at 9 am to determine if the property is going to be demolished or not. She is
not sure how she can request an extension on this decision or if she can even do that?
She submitted an Order with Altisource to have the application for code compliance
inspection completed but she knows that she will not have it by tomorrow morning.
She also has a General Contractor who is in the area & is working on getting an
estimate over for all of the deficiencies. She believes they were going to be going up
to City Hall to speak with the building official so he knew what he needs to bid for.
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Please let me know if there is anything we can do to postpone and go forward with the
repairs.
-I'm disappointed that you haven't done the basics that we require of somebody in
order to get a grant of time from the Council in order to continue in this process
Mr. Stephani: part of the confusion is that there are several parties involved here; I'm
dealing with the bank; Deutsche owns it; Ocwen is the loan servicer, whom I'm dealing
with directly; they reach out to the property preservation people, Altisource, as well as
the other entity
-the main issue is that there hasn't been a whole lot of time to coordinate things.....
Ms. Moermond: an Order to Abate a Nuisance Building was issued back on Sep 6,
2018; there was information at that time that an inspection could be ordered, a deposit
needed, etc. I know that you were hired the day before the hearing that I saw you; this
woman emailed me saying she heard about it the day before; this does not tell me that
you have your act together in spite of being major institutions that should be able to
handle these things really easily
Mr. Stephani: the main issue is that the property had been occupied until very recently
Ms. Moermond: it had been a Registered VB since Dec 18, 2017; so the eviction must
have been for the possessions because the city had it emptied a year ago
Mr. Stephani: I reached out to try to get information...... in any event, there were
issues to coordinate all these parties & they're not able to act on anything until the
eviction's been completed; I have no details on that
-following up on my directions, they're looking for more time; initially......
Ms. Moermond: they don't know what they want to do; they wanted to sell it; then, they
found out that they couldn't; when you were here, you said they wanted to fix it; so, I
don't know what they actually want to do
Mr. Stephani: they haven't had a chance to evaluate what all needs to be done &
whether it's economically feasible....
Ms. Moermond: ordering that inspection report would gone a long way to figure that
out; it's a $500 thing; if you guys can't do a $500 thing, how in the world are you going
to do a $100,000 thing?
Mr. Stephani: I've been nagging them to get that inspection; they had contacted St.
Paul several times this past Mon; I don't believe that anyone was able to get back to
them; there is authorization to do that.....
Ms. Moermond: the estimated cost to fix it is in excess of $100,000; estimated cost to
demolish is $20,000
Mr. Stephani: my client's initial analysis is that they don't think that it'll take anywhere
close to $100,000 to bring it up to code; they haven't gotten contractors out there yet
Ms. Moermond: I don't have a history of Deutsche, Ocwen & Altisource..... coming in
& doing a really great job; I don't have a high level of trust & nothing has been
forthcoming
-this will go to City Council Jan 9, 2019 & if you have the $5000 perf dep posted & the
code compliance inspection done by then, I will ask the Council to send this back to
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LH on Jan 29 to talk about rehab plans
Mr. Stephani: they can definitely get the inspection done because I've been authorized
to get that scheduled, finally; & I believe that they should be able to get the bond
posted, as well at that point
Ms. Moermond:
____
Owner to order code compliance inspection and post the $5,000 performance deposit
by January 8 and if the two conditions are met, will refer back to Legislative Hearing on
January 29, 2019 for work plan and financing. Note: ongoing responsibility is to
maintain the property.
Referred to the City Council due back on 1/9/2019
2 RLH RR 18-50 Ordering the rehabilitation or razing and removal of the structures at 2059
IDAHO AVENUE EAST within fifteen (15) days after the January 2, 2019, City
Council Public Hearing.
Sponsors: Bostrom
John M. Hanson, owner, appeared.
Steve Magner, Code Enforcement Manager: read Nov 29, 2018 letter (attached); must
apply for code compliance inspection, provide lock box, do a clean out (dumpster on
site), pay taxes, post $5000 perf dep
-city has received the application for the code compliance inspection yesterday, Dec
26
-taxes were paid in full on Dec 26
-$5000 perf deposit posted Dec 26
Mr. Hanson: I've been sick for the past couple of weeks & haven't yet cleaned it out
Ms. Moermond: I'm happy that you've gotten some things done; goes to City Council
Public Hearing Jan 2, 2019; can you hire someone to help you do the clean out?
Mr. Hanson: yes; a guy tells me that he has a 3-man crew he can bring in right away
-I can have it cleaned out by next Thu, Jan 3
Mr. Magner: Mr. Yannarelly is not going to be in the office next week, so after you
have the place cleaned out, contact Rich Singerhouse, 651/266-1945, on Mon, Jan 7,
2019, to verify that the property has been cleaned out
Ms. Moermond: at City Council on Jan 2, 2019, I will ask Council to send this back to
LH on Jan 29, 2019; do the clean out within a week; then, we can get the inspectors in
to do the inspection
Mr. Magner: for clarification, contact Rich Singerhouse on Jan 7 to come & verify the
clean out
Ms. Moermond:
Owner to contact DSI staff by January 7, 2019 to verify interior of the property has
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been cleaned up so that a code compliance inspection can be conducted shortly after;
to be referred back to Legislative Hearing on January 29.
Referred to the City Council due back on 1/2/2019
3 RLH RR 18-51 Ordering the rehabilitation or razing and removal of the structures at 667
OHIO STREET within fifteen (15) days after the January 2, 2019, City Council
Public Hearing.
Sponsors: Noecker
No one appeared.
Ms. Moermond: for 667 Ohio, we had Mr. Dennis Winge at the last LH, who is a friend
of Neal Christopherson, the owner
Steve Magner, Code Enforcement Manager: read letter sent Nov 29, 2018 (attached)
that listed 4 articles of information, in more detail, that needed to be provided no later
than Dec 27, 2018: 1) a contractual agreement between Mr. Winge & Mr.
Christopherson; 2) detailed Work Plan, including timelines for completing the rehab; 3)
financing details; and 4) an affidavit, if necessary, for funds to be set aside - as
discussed at the Nov 27, 2018 hearing
-a code compliance inspection was done on Nov 27, 2018
-the performance deposit was posted on Dec 7, 2018
-2 permits were issued to Jason Nichol Construction on Dec 10, 2018: 1) the roof and
2) bldg repairs; they were applied for under the wrong contractor - tear off/install roof;
the bldg permit issued on Dec 10 was cancelled; another permit issued Dec 14 has
been finaled; Mr. Soley wasn't in this morning but the permit was pulled under the
incorrect contractor's license; the permit was then pulled under the correct license; the
old permit was to be withdrawn; this all happened on Dec 14; there's a preliminary
check & then, on Dec 21, it was approved by Steve
Ms. Moermond: so, we have a Cat 3 with a new roof & no guarantee that the bldg will
be standing
Mr. Magner: I think that you need to to send an email to Mr. Ubl, cc me & Reid, & ask
him how we issue a permit........... Steve will, from time to time, allow the issuance of a
permit on a Cat 3 just to put a roof on because of weather conditions; I know that was
something we discussed; that was part of what Mr. Winge was supposed to come
back with - in his plan
Ms. Moermond: it's really spending good money on something that may end up getting
demolished & he was informed in this hearing process that there were clear
expectations in order to get a grant of time from the City Council; he chose to put a
roof on a structure for which he didn't have a grant of time to do the rehab on & he
doesn't actually own it
-Ms. Vang, have we received anything from Mr. Winge or Mr. Christopherson that was
requested in this letter?
Ms. Vang: No; I wasn't sure about the address; we have returned mail that was sent to
Mr. Winge; it says: "Insufficient Address"
Ms. Moermond: Ms. Vang indicated that she got returned a returned letter from the
P.O. that was addressed to Dennis Winge, 1055 Everett Court, St. Paul, 55108; the
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owner, Mr. Christopherson did get the letter & knew what the expectation was; we do
have a phone number for Mr. Winge; Ms. Vang hasn't contacted him yet but hopefully
will be doing so shortly
Mr. Magner: well, if 1055 Court is what he gave us......... because he's not the owner;
how did he know to come in the first place? Is he talking to Neal Christopherson?
Ms. Moermond: he indicated in the previous hearing that he was & that they are
friends so,
Mr. Magner: which letter came back?
Ms. Moermond: Nov 29, 2018
Mr. Magner: what about the Dec 3 letter? White Bear Lake & White Bear Township
uses the same zip code: 55110; the White Bear Post Office service both of them;
unless you live there you wouldn't know you live on one side of the street or the other
Ms. Vang: I wasn't sure about the address for Mr. Christopherson
Ms. Moermond: the Dec 3 letter was re-sent only to Mr. Christopherson; Mr. Winge did
not get a 2nd letter; the letter that was returned was the only letter that was sent to him
-I feel like we need to give Mr. Winge some extra time; I think that we didn't do our due
diligence either in making a phone call when we got the returned letter; we do have a
working phone number
-this goes in front of City Council on Jan 2, 2019; I will ask them to send it back to LH
on Jan 15, 2019, then, City Council Jan 23, 2019
-all the requirements from the letter must be met by Jan 15, 2019
-let's put a cover letter on this letter (the same exact letter); the cover letter should
indicate that the address he provided did not work; we can even provide him a photo
copy of the envelope that shows we got returned mail; we can also tell him that the
owner of record did receive the letter; we will re-send that as soon as we receive an
accurate address by phone
____
To be referred back to Legislative Hearing on January 15 and City Council Public
Hearing on January 23, 2019. All the required conditions in the November 27 hearing
are to be met by January 15.
Referred to the City Council due back on 1/2/2019
4 RLH RR 18-45 Ordering the rehabilitation or razing and removal of the structures at 1232
SEVENTH STREET EAST within fifteen (15) days after the November 7, 2018
City Council public hearing.
Sponsors: Prince
Melissa Porter, Shapiro & Zielke, LLP, appeared o/b/o Harrington Mortgage Services &
MERS
Steve Magner, Code Enforcement Manager: read Nov 29 letter (attached); code
compliance inspection report & bids should be ready by Dec 27; if not, Ms. Porter &
client should attend LH on Dec 27 to further discuss their plans for the property
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Ms. Porter: I am here because it wasn't submitted; my client moved quickly &
scheduled the code compl insp for Dec 6; unfortunately, the vendor that they hired
didn't show up for the inspection; he had written the wrong time down on his calendar;
my client tried to call the vendor to find out where he was but he wasn't answering his
phone; so, they got in touch with the city & re-scheduled the inspection for Thu Jan 17
(the first available date)
Ms. Moermond: that's all 4 trades going in at once; I never heard of that
Mr. Magner: if all 4 trades are going in at once, it usually is scheduled that far out; the
other option is to work with Mr. Seeger; normally, if we send trades out individually, we
can do it within a week or two
Ms. Moermond: I'm not sure why everybody is going together
Mr. Magner: we do have a lock box combination; I guess it's just a matter of
confirming with Mr. Seeger- maybe there's a specific issue
Ms. Porter: my client handled all of that internally; they scheduled everything
Mr. Magner: maybe it's because this is a 3-unit bldg; & a 3 unit has to be done as a
team; it's possible that those team inspections are done as a group (4 trades & also
the supervisor of commercial, Jim Perucca); Ms. Moermond, you might want to talk
with Ms. Weise or Mr. Perucca to see if they might be able to expedite the inspection
-perf dep was posted on Nov 5, 2018
-code compl insp application was submitted Oct 22, 2018
-VB registration fee was paid on Oct 17, 2018
-we had a snow compliant on Dec 11, 2018; we did not send a Work Order because it
was shoveled on re-inspection Dec 13, 2018
Ms. Moermond: you were going for the shortened redemption time period; you provided
the summons info - any update on that?
Ms. Porter: the hearing was held on Nov 21, 2018; so, 5 weeks will commence on the
sale date, which has been postponed again because this is a HUD or FHA backed
property & once a property goes to foreclosure sale & after the redemption period
expires, they convey or deed the property over to HUD
Ms. Moermond: so, why would I wait for you at all on this because HUD's not going to
do anything; HUD's not going to tell the future owner that there's an Order on it
Ms. Porter: the reason they keep postponing the sale is because they can't deed the
property to HUD in the condition that it is currently in; so, they have to fix this property
before they can deed it to HUD
Ms. Moermond: I've never heard of that before
Ms. Porter: these are the conveyance requirements; they are trying to get ...... what
they told me is that they cannot go to sale until they resolve what we're doing right here
& they determine what's going to happen; are they going to fix it or are they going to
allow it to be demolished; they have to get past these hurdles before they can go to
foreclosure sale & then.....
Ms. Moermond: I don't understand the order of events for your client ..........
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Mr. Magner: it's my understanding that, a while back, HUD changed some of it's rules
or they might have actually tweaked their enforcement a little; we have had it happen
multiple times where properties in this scenario - as soon as the mortgage company
has processed the foreclosure & believe that they're finished with the redemption
period, then, they want to transfer the property back to HUD & once it's back into
HUD's hands, our hands are somewhat tied & the property can languish for a long time
until they actually liquidate the asset & then we have a 3rd party who becomes a
victim; what we have seen more recently is when mortgage companies do what they're
required to do & notify HUD that this is a problem, HUD will not accept the transfer of
property back to them; they say, "you put yourself into this situation, you do that;" the
part we never see is how they're reimbursed for that
Ms. Porter: HUD has conveyance conditions for all of their properties - they have
certain requirements & this property would not meet any of those....
Ms. Moermond: understand the history that we're operating from: we've known 15
years of HUD taking these properties from the mortgage companies & selling them to
people who do not know that they are buying a house with an Order for Removal on it
so, I'm leary that HUD will abide by their own conditions
Ms. Porter: what Harrington is saying that we either need to fix this property or make
the decision that we can't fix it so we just need to allow it to be demolished; we need to
make that decision before we take the next step; that's why the sale has been
postponed again; but that redemption Order has already been signed by the judge; so,
once we get to that sale date, the 5-week redemption will kick in immediately
Mr. Magner: for clarification: is the mortgage company going to commit to doing the
rehab so that they can convey it or to just allow the asset to be removed & then
convey.... I don't know how that would work then - they lose on their insurance ??
Ms. Porter: it's my understanding one of those decisions will be made; we need to get
past this inspection/process first; then, they'll make that decision
-do you have the estimated cost for rehab?
Mr. Magner: we estimated $50,000
-normally HUD doesn't do triplexes or more units; just single family & duplexes
Ms. Porter: I think that it's actually a duplex
Mr. Magner: if it's really a duplex, -- I'm concerned from a zoning standpoint; we list it
as a multi-family, 3 unit bldg - it's been that way for a period of time
Ms. Moermond: we have a Team Inspection from Apr 2017 (occupancy - 3 unit);
zoning T-1
Mr. Magner: if it was to be deconverted to a duplex, we could get the code compl insp
report much quicker
-it has a Certificate of Occupancy (it was Revoked in Feb 2017 for Mai Vue)
Ms. Moermond: does it say "legal nonconforming" in the zoning?
Mr. Magner: No; it just says: primary use R-Multi-Family; T1
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Ms. Moermond: orig LH was on Oct 9, 2018; orig Council hearing was Nov 7, 2018;
we're 2 months in & we don't have our code compl insp yet; so, you better get it on Jan
17
-I'll Lay this Over to Jan 29, 2019; your client should have made a decision on how they
want to proceed; I understand from what you're saying that your client isn't going to
make a decision until this insp report is done & they have a contractor look at it
Ms. Porter: yes; that's correct
Ms. Moermond:
-provided Ms. Porter with the Apr 2017 Code Compliance Inspection Report (no longer
valid) for 3 residential units (3 story bldg)
Mr. Magner: the 2017 report can give your client 75% - 90% of what they need; their
contractor can review it & put numbers to it; then, after the new report is finished, they
can amend their numbers & by Jan 29, we should have some hard rock documentation
to look at
Ms. Moermond: on Jan 2, 2019, I'll ask Council to send this back to LH on Jan 29,
2019 at which point we'll have the new code compl insp report & your client will have
had a chance to have their contractors assess the situation so that they can make a
decision about whether they are rehabbing or not rehabbing
-I'd like to take into account the sheriff sale component of this since you aren't going
to be doing that until after this decision - that's going to come out of your 180 days if
you get it
____
To be referred back to Legislative Hearing on January 29, 2019.
Referred to the City Council due back on 1/2/2019
5 RLH RR 18-44 Ordering the rehabilitation or razing and removal of the structures at 931-933
SHERBURNE AVENUE within fifteen (15) days after the October 24, 2018
City Council public hearing. (Public hearing continued from October 24)
Sponsors: Thao
Laid Over to the Legislative Hearings due back on 1/29/2019 @ 10 am
6 RLH RR 18-35 Making finding on the appealed nuisance abatement ordered for 694
SNELLING AVENUE NORTH in Council File RLH RR 18-27. (Legislative
Hearing on December 18)
Sponsors: Jalali Nelson
Ms. Moermond: did we get anything from the tenant on Snelling; Tom had said that he
would send something
Ms. Mai Vang: he sent a letter & that's it
Steve Magner, Code Enforcement Manager: I reviewed the permits & spoke with Mr.
Seeger in regard to this issue; I asked Mr. Seeger to send us an email indicating
where we are at this point; he's pretty sure that everything on the one side (pharmacy)
is completed & there could possibly be a partial occupancy there; the other side
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(restaurant use), he is not comfortable with it because he doesn't have a lay out for the
restaurant; we don't have a build out & he is uncomfortable even doing a partial
occupancy
-they indicated that they had submitted plans to the city for approval; I haven't been
able to track that down
-could it be possible that they are confusing us with the state because the state now
licenses restaurants?
Ms. Moermond: Ms. Vang sent them a very clear letter that they needed to send us
plans
-I actually met with Tom ___ & Jon Chou, who were working on the build out; Tom said
specifically that he had worked with Ms. Vang in the past & he'd be sending the plans
on to her; we haven't received them
-we should send a letter indicating that it's going to City Council on Jan 9, 2019
-my recommendation to City Council will be to begin forfeiting the Performance Deposit
by $1000 the first time unless the plans are forthcoming & approved
____
Provide a work plan to address the unfinished items in the code compliance inspection
and financing documentation to include the remaining cost to rehabilitate the rented
unit(s). If plans and financing are submitted and approved, will consider the nuisance
condition abated. If they are not, hearing officer will recommend that the bond is
forfeited by $1,000, but additional deposit may be required.
Referred to the City Council due back on 1/9/2019
7 RLH RR 18-53 Making finding on the appealed nuisance abatement ordered for 830
UNIVERSITY AVENUE WEST in Council File RLH RR 18-22.
Sponsors: Thao
Craig Watson, owner, & Andrew Kim, Project Manager's Assistant, appeared.
Steve Magner, Code Enforcement Manager: referred to and read the Dec 5 letter sent
re: Making Finding the Order to raze & remove the structure at 830 University Avenue
West
-DSI staff will present information on the current building conditions at the Dec 27 LH
-if you have received your Certificate of Code Compliance by Dec 27, 2018, this
hearing will be cancelled & a Resolution will be forwarded to City Council indicating that
the nuisance conditions have been abated & the matter is closed; if you have not
received your Certificate of Code Compliance by Dec 27, 2018, you'll need to work with
Joe Yannarelly to schedule an inspection prior to the hearing on Dec 27; both Mr.
Yannarelly & the bldg inspector will conduct the inspection; the findings of the
inspection will be considered at the City Council Public Hearing on Wed Jan 2, 2019 at
3:30 in the City Council Chambers
-from the records, I can tell you that a building permit is still active; an electrical permit
has been inspected; a warm air permit has been inspected; and a mechanical permit
has been inspected; we do not have a Code Compliance Certificate
Ms. Moermond: did you call to have Mr. Seeger out?
Mr. Kim: Yes; Mr. Seeger has stopped by the property & he gave us a voucher that
the project was going smoothly; I can provide more info via email; I don't know the
specifics; I was notified by Craig that he had scheduled an appointment
-I work with Greg
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Mr. Watson: Greg Park is the guy who's buying the property & put up the bond
-Bruce Nelson is the realtor for Greg
Mr. Magner: for clarification: on Nov 30, 2018, a 30-day forfeiture letter was sent out
on the $5000 Performance Deposit; we don't have completion of the project & I don't
know that if Greg or anyone contacted Mr. Yannarelly to set up that inspection or when
did they have..... because if we just have Mr. Seeger come thru... he doesn't
understand the deadlines of all of these processes because he's focusing on other
things; he might not necessarily do a 6-month update & give us...... we need to know
that you're done or your percentage of completion; I don't have that
Ms. Moermond: and that's why Mr. Yannarelly was listed as the person who needed to
be contacted
Mr. Watson: I called the number on that Nov 30 letter, 651-266-9045 (Jim Seeger) at
8:45 am from work; his voice mail said that he would stop taking calls at 9 am & he'll
return calls the next day; he did not return my phone call; I did leave him a message
Mr. Magner: I don't know that Joe has that on his voice mail; I think that might be
Seeger's voice mail
Mr. Watson: it was on that code compliance letter
Ms. Moermond: I'm talking about the NOTICE OF HEARING letter telling you about
today & paragraph 4 says: call Joe Yannarelly, 651-266-1920 to schedule an
inspection to occur prior to the week of Dec 27, 2018
Mr. Magner: our impression was that this project would be completed by now; are we
close?
Mr. Watson: according to Greg, he will be done next month
Mr. Kim: realistically, we're looking at 2+ months because we ran into a lot of issues
with the house (lots of lead inside the walls & around the window trim; we had to hire
new contractors for that; the radiators were broken - heat not working so we had to call
an HVAC contractor to put in forced air - a new furnace system) & this is the busiest
time of year for them so it was very hard to schedule that work, especially, a job of that
magnitude
Mr. Magner: I think that Mr. Yannarelly or someone else in the office needs to go out
with Mr. Seeger & have Mr. Seeger put together a percentage so that we know how
much is done (NOTE: Mr. Yannarelly will be gone for 2 weeks after this week)
Ms. Moermond: this goes in front of City Council on Jan 2, 2019; at that time, I will
ask Council to refer this matter back to LH on Jan 15, 2019; you will have had an
inspection at that point; you need to contact Mr. Reid Soley, 651-266-9120
Mr. Magner: we could have Reid Soley could go out with Mr. Seeger to get a
percentage & get back to us
Mr. Kim: I'll call Mr. Yannarelly today or tomorrow
Mr. Magner: I'll have Mr. Yannarelly set something up with Mr. Soley; I'll have Mr. Reid
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Soley call you back; when I leave here today, I'll let Mr. Yannarelly know to expect your
phone call & to work with Jim Seeger to set up a date & time before our next LH on
Jan 15, 2019
Ms. Moermond: here's what's on the line for you guys & why it's important.... the
Council granted 180 days, which is about to expire; the Legislative Code allows you to
get additional time if you are at 50% + complete, which is why we need the building
inspector to go out there and make this determination; if he determines that you are
50% or more done, we can continue with the current perf dep & give you an additional
90 days to get the job done & close it out; if you are less than 50% done, I'm going to
ask for an additional performance deposit of $5000
-City Council Public Hearing Jan 2, 2019
-I'll ask them to refer this back to the Jan 15, 2-19 LH
-Mr. Kim, write down your contact info; we also need Mr. Park's info
____
To be referred back to Legislative Hearing on January 15, 2019.
Referred to the City Council due back on 1/2/2019
11:00 a.m. Hearings
Summary Abatement Orders
8 RLH SAO Appeal of Patricia Rud to a Vehicle Abatement Order at 1227 COMO
18-78 BOULEVARD WEST.
Sponsors: Brendmoen
Patricia Rud, owner, appeared.
Steve Magner, Code Enforcement Manager: our office received a complaint about a
trailer parked in the rear yard; an inspector went out & wrote a Vehicle Abatement
Order indicating that there was a black & white enclosed trailer & also a black utility
trailer; one of the vehicles was parked mid-way on the 2nd lot, owned by this property
owner; there are 2 lots; one lot has the primary resident structure; the other one has
the accessory structure; next to the accessory structure is the 2nd trailer; both trailers
are parked on an unapproved surface; the vehicles either need to be moved or that the
Appellant needs to submit a site plan to create an approved parking surface
Ms. Moermond: there's also a Zoning letter attached from Mr. Dubruiel preliminarily
approving a lot split review application for 1227 Como Blvd W (condition: construction
of at least 1 off-street parking space in the rear yard of parcel A, access from the alley
to serve existing 1227 Como Blvd W)
Mr. Magner: I'm not sure where Mr. Dubruiel wanted that parking spot; there does
seem to be a parking spot in front of the accessory structure that would meet the
qualifications; it does look like they are parking 2 vehicles there; looks like some
improvements have been made there
-where these 2 trailers are parked, I don't believe there's been any improvement
-we can't allow vehicles to be parked on just dirt/grass; they need a durable dustless
surface; & when a new parking spot is added, the Zoning Code requires that they be,
in this case, paved because the adjoining access to them is paved (alley)
City of Saint Paul Page 11
Legislative Hearings Meeting Minutes - Action Only December 27, 2018
Ms. Rud: the corner house is on 2 lots; lot 1 has the main structure; lot 2 had the
garage; we've rented it out the last 10 years; the tenants left in Jun & we were deciding
to renovate it & sell the property; in that process, we decided to split the 2 lots
because the 2nd lot is buildable; it's our intention to build a structure on that 2nd lot
where the trailer currently is; in that process, we took down the old garage on the 2nd
lot; that garage would have been housing the trailers but.......
Ms. Moermond: reviewing the picture
Ms. Rud: we have a preliminary permit for a garage to be built on lot 1 but the property
line hadn't been approved yet so, .... we just recently had it approved & are ready to
build the garage; now, we're dealing with the weather; we would like to submit a plan...
and we're hoping to have the property sold within the next couple of months
-the trailer that we're talking about is a tool trailer & the contractor is using that for
finishing work; he will take another 30-60 days; I'm asking for an extension; it's been a
longer project than any of us have wanted
-the other little trailer was parked in the old garage but we arranged with our neighbors
to park there
Ms. Moermond: I'll recommend the Council grant an extension to Feb 15, 2019
____
Grant to February 15, 2019 to comply with the trailers.
Referred to the City Council due back on 1/9/2019
Correction Orders
9 RLH CO 18-40 Appeal of Christine Newman to a Correction Notice at 1898 BERKELEY
AVENUE.
Sponsors: Tolbert
No one appeared.
Ms. Moermond: the attorney for the owner indicates that his client is unable to attend
but he wants to give us some information; we were looking for a Work Plan; none has
been forthcoming
-my concern with this plan is that he hasn't said how they're going to pay for it
-the garage needs to be brought into compliance with the Oct 2, 2018 Orders by Jun
14, 2019
____
Grant to June 14, 2019 to comply with the garage.
Referred to the City Council due back on 1/9/2019
11:30 a.m. Hearings
Orders To Vacate, Condemnations and Revocations
10 RLH VO 18-63 Appeal of James Cannon, Jr. to a Revocation of Fire Certificate of Occupancy
City of Saint Paul Page 12
Legislative Hearings Meeting Minutes - Action Only December 27, 2018
and Order to Vacate at 752 CARROLL AVENUE.
Sponsors: Thao
Issue resolved. Appeal withdrawn by owner.
Withdrawn
1:30 p.m. Hearings
Fire Certificates of Occupancy
11 RLH FCO Appeal of Andrew and Diane McFarland to a Fire Inspection Correction Notice
18-204 at 211 STEVENS STREET WEST.
Sponsors: Noecker
Grant to February 8, 2019 for compliance with the interior repairs and grant to July 1,
2019 for the exterior, including the 2nd floor deck, noting repair must be done under
permit. (deck is condemned and must not be in use)
Referred to the City Council due back on 2/6/2019
12 RLH FCO Appeal of William Rolf to a Correction Notice-Complaint Inspection at 476
18-206 SUMMIT AVENUE.
Sponsors: Noecker
Grant to March 1, 2019 for the door and sheet rock separation between Units 1 and 2
to be removed. Note, historical door may remain in place as long as it does not
provide a lock separation between the units.
Referred to the City Council due back on 2/6/2019
2:30 p.m. Hearings
Vacant Building Registrations
13 RLH VBR Appeal of Joseph Oredola to a Vacant Building Registration Notice at 87
18-97 ACKER STREET EAST.
Sponsors: Brendmoen
Waive the vacant building fee to April 1, 2019 to get Fire Certificate of Occupancy
reinstated and be released from the Vacant Building Program.
Referred to the City Council due back on 2/6/2019
14 RLH VBR Appeal of Hai Truong to a Vacant Building Registration Renewal Notice at 711
18-99 FULLER AVENUE.
Sponsors: Thao
Waive the VB fee for 90 days and allow permits.
City of Saint Paul Page 13
Legislative Hearings Meeting Minutes - Action Only December 27, 2018
Referred to the City Council due back on 2/6/2019
15 RLH VBR Appeal of Michael Buelow to a Vacant Building Registration Notice at 947
18-100 MINNEHAHA AVENUE EAST.
Sponsors: Prince
Waive the VB fee for 90 days; grant to February 1, 2019 to remove 50% of the wall in
order to make the room a legal bedroom to come into compliance with the Fire C of O
orders per the plan submitted in the hearing. If in compliance, Fire C of O will be
reinstated and the property is released from the VB Program.
Referred to the City Council due back on 2/6/2019
16 RLH VBR Appeal of Lynn Fagerness to a Vacant Building Registration Notice at 1127
18-98 RAYMOND AVENUE.
Sponsors: Jalali Nelson
Waive the VB fee for 90 days and allow permit(s); Owner to get a code anaylsis, in lieu
of code compliance inspection.
Referred to the City Council due back on 2/6/2019
City of Saint Paul Page 14
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
Thursday, December 27, 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 1368
18-52 ALASKA AVENUE within fifteen (15) days after the January 9, 2019, City
Council Public Hearing.
Sponsors: Tolbert
2 RLH RR Ordering the rehabilitation or razing and removal of the structures at 2059
18-50 IDAHO AVENUE EAST within fifteen (15) days after the January 2, 2019,
City Council Public Hearing.
Sponsors: Bostrom
3 RLH RR Ordering the rehabilitation or razing and removal of the structures at 667
18-51 OHIO STREET within fifteen (15) days after the January 2, 2019, City
Council Public Hearing.
Sponsors: Noecker
4 RLH RR Ordering the rehabilitation or razing and removal of the structures at 1232
18-45 SEVENTH STREET EAST within fifteen (15) days after the November 7,
2018 City Council public hearing.
Sponsors: Prince
5 RLH RR Ordering the rehabilitation or razing and removal of the structures at
18-44 931-933 SHERBURNE AVENUE within fifteen (15) days after the October
24, 2018 City Council public hearing. (Public hearing continued from
October 24)
Sponsors: Thao
6 RLH RR Making finding on the appealed nuisance abatement ordered for 694
18-35 SNELLING AVENUE NORTH in Council File RLH RR 18-27. (Legislative
Hearing on December 18)
Sponsors: Jalali Nelson
City of Saint Paul Page 1 Printed on 12/26/2018
Legislative Hearings Meeting Agenda - Final December 27, 2018
7 RLH RR Making finding on the appealed nuisance abatement ordered for 830
18-53 UNIVERSITY AVENUE WEST in Council File RLH RR 18-22.
Sponsors: Thao
11:00 a.m. Hearings
Summary Abatement Orders
8 RLH SAO Appeal of Patricia Rud to a Vehicle Abatement Order at 1227 COMO
18-78 BOULEVARD WEST.
Sponsors: Brendmoen
Correction Orders
9 RLH CO Appeal of Christine Newman to a Correction Notice at 1898 BERKELEY
18-40 AVENUE.
Sponsors: Tolbert
11:30 a.m. Hearings
Orders To Vacate, Condemnations and Revocations
10 RLH VO Appeal of James Cannon, Jr. to a Revocation of Fire Certificate of
18-63 Occupancy and Order to Vacate at 752 CARROLL AVENUE.
Sponsors: Thao
1:30 p.m. Hearings
Fire Certificates of Occupancy
11 RLH FCO Appeal of Andrew and Diane McFarland to a Fire Inspection Correction
18-204 Notice at 211 STEVENS STREET WEST.
Sponsors: Noecker
12 RLH FCO Appeal of William Rolf to a Correction Notice-Complaint Inspection at 476
18-206 SUMMIT AVENUE.
Sponsors: Noecker
2:30 p.m. Hearings
Vacant Building Registrations
13 RLH VBR Appeal of Joseph Oredola to a Vacant Building Registration Notice at 87
18-97 ACKER STREET EAST.
Sponsors: Brendmoen
City of Saint Paul Page 2 Printed on 12/26/2018
Legislative Hearings Meeting Agenda - Final December 27, 2018
14 RLH VBR Appeal of Hai Truong to a Vacant Building Registration Renewal Notice at
18-99 711 FULLER AVENUE.
Sponsors: Thao
15 RLH VBR Appeal of Michael Buelow to a Vacant Building Registration Notice at 947
18-100 MINNEHAHA AVENUE EAST.
Sponsors: Prince
16 RLH VBR Appeal of Lynn Fagerness to a Vacant Building Registration Notice at
18-98 1127 RAYMOND AVENUE.
Sponsors: Jalali Nelson
City of Saint Paul Page 3 Printed on 12/26/2018