03-238., ,�i�-i�r/D�J �f�/d�
City of St. Paul COUNCIL FILE NO. �3 ��3Y
RESOLS7TIOI3 RATIFYING ASSESSMEI3`P By��?��>?7LO�
File No. SEE BELOW
��
Assessment No. SEE BELOW
� eG �f�AGl,�v �`�y� ��is���.% �� �i� i✓ /Yli�v��s �-rJir �9/i /�-iP�i��;�i�5�
vot ixpg f/
Ward �n the matter of the assessment of benefits, cost and expenses for
2 J0207AAA (9905) Summary abatement (property clean-up) £or
properties located at 774 Central Ave., 430 Edmund
Ave, 837 Fourth St. S., 271 Maria Ave. and 550
Edmund Ave.
J0204CC
J0207BB
(9906)
(9907)
Demolition of building located at 1000 Reaney Ave.
Boarding-up of vacant building located at 567
Stryker Ave.
LAID OVER BY LBGISLATIVE HEARING OFFICER ON 2-11-03 TO 3-5-03
LBGISLATIVE HSARING WILL BE 2-25-�3
A public hearing having been had upon the assessment for the above
improvement, and said assessment having been further considered by the Council, and
having been considered finally satisfactory, therefore, be it
RSSOLVED, That the said assessment be and the same is hereby in all respects
ratified.
RESOLVED FURTHER, That the said assessment be and it is hereby determined
to be payable in One equal installments. Except file J0204CC to be payable in Ten
equal installments.
COUNCILPFsRSON
Yeas Nays
� Benanav
✓ Blakey
✓ Bostrom
,i Coleman
✓ Harris
r Lantry
.� Reiter
�In Favor
�Against
Adopted by the Council: Date /�3
Certified Passes by Council Secretary
� t
To I.egislarive Hearing Officer - 2-25-03
Public Hearin� Date - 3-5-03
T.M.S./REAL ESTATE DIVISION � Date: 2/25/03
:ontac[ Person and Phone Nu r:
Roxanna Flink ` �
be on Councii Agenda by:
be in Council Research Ottice
266-8859
is 3-5-03
AL # OR SIGNATURE PAGES
Green Sheet Nnmber:
ATfOR�7EY
;EI DIICECIOR
JR(ORA.SSISTAN'I) 1
ALL LOCATIONS FOR
o�-a��'
204126
& biG7'. SVC. DIR.
RESF.ARCH
)N REQUESTED:
At Legislative Hearing Officers request on 2-11-03 these items were laid over to 3-5-03, Summ
Abate (property clean-up) for properties located at 774 Central Ave., 430 Edmund Ave., 837
Fourth St. E., 271 Maria Ave. and 550 Edmund Ave., Demo of building located at 1000 Reaney
Ave and Board-up of vacant building at 567 Stryker Ave. File No.'s J0207AAA, J02Q4CC and
J0207BB.
PLANMNG COMMISSION
CNIL SERVICE COMMLSSION
CB CONMRTEE
rts whidh Council Objective
Neighborhoods
A STAFF
� Code
A EnTorcement
�
Has the person/firm ever worked under a contract for this departmen[?
Has this persoNfirm ever been a City employee?
Does this person/firm possess a skil! not normally posussed by any
current City employee'!
Explain aIl YES answers on a separate sheet and attach.
PROBLEM, ISSUE, OPPORTUNI7'Y (Who, What, When, Where, Why?):
"SEE ORIGINAL GREEN SHEET NUMBER 204035"
IF APPROYED:
ANTAGESIFAPPROVED:
ANTAGES IF NOT APPROVED:
£ ;.yf,�.:: �:' .
�',�'4�i�i� .
r.;�=� ,-_
� f§5�'�
; ��
AMOUVT OF TRANSACTIO�Y: �jSH� IJSA1 COSTfAEVENUE BUDGETED (CIRCLE OvE)
FUNDINGSOURCE: ASSCSSIDCIILS 011�}' AGTIVITYNUMBER:
YES NO
YES NO
l'ES NO
YES NO
�INANCIAL INFORMATION: (EXPLAIN)
7 nropertv owners will be notified of the nublic hearine and
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March 5, 2003, City Council Action Minutes
Page 12
76. Resolution Ratifying Assessment - 03-238 - In the matter of the assessment of
benefits, cost and expenses for summary abatement (property ciean up) for
properties located at 774 Cenlral Avenue, 430 Edmund Avenue, 837 Fourth Street,
East, 271 Maria Avenue and 550 Edmund Avenue (J0207AAA); demolition of
building at 1000 Reaney Avenue {30204CC); and boarding-up of vacant building
at 567 Stryker Avenue (J0207BB). (Laid over from February 26)
(Legislative Hearing Officer recommends the following:
271 Maria Avenue (J0207AAA1- approval of the assessment
1000 Reanev Avenue (J02Q4CCl - laying over to the March 11, 2003,
Legislative Hearina and the March 26, 2QQ3, City Council Meeting
567 Strvker Avenue (J0207BB1- approval of the assessment
430 Edmund Avenue (J0207AAA1- spreading the amount of the assessment
payment over a five-year period
837 Fourth Street East (J0207AAA1- laying over to the March 25, 2003,
Legislative Hearing and the April 2, 2003, City Council Meeting
550 Edmund Avenue fJ0207AAAl- spreading the amount of the assessment
payment over a five-year period
774 Central Avenue West (J0207AAA1- approval of the assessment)
Adopted as amended Yeas - 7 Nays - 0
�---
City of St. Pau1
Real Estate Division
Dept. of Technology & Management Serv.
RBPORT OF COMPLBTION OF ASS&SSMSLIT
COUNCIL FILE NO.
File No. SEE BELOW
Assessment No. SEE BELOW
Voting
Ward In the matter of the assessment of benefits, cost and expenses for
0 3 -a��
2 30207AAA (9905) Summary abatement (property clean-up? £or
properties located at 774 Central Ave., 430 Edmund
Ave, 837 Fourth St. E., 271 Maria Ave, and 550
Edmund Ave.
J0204CC
J0207BB
(9906J
(9907)
Demolition of building located at 1000 Reaney Ave.
Boarding-up of vacant building located at 567
Stryker Ave.
LAID OVER BY LEGISLATIVE HEARTNG OFFICER ON 2-11-03 TO 3-5-03
LEGISLATIVE HEARING WILL BE 2-25-03
To the Council of the City of St. Paul
The Valuation and Assessment Engineer hereby reports to the Council the
following as a statement of the e�enditures necessarily incurred for and in
connection with the making of the above improvement, viz:
Total construction costs
Engineering and Inspection
Real Estate Service Fee
Process Serving Charge
Charge-COde Enforcement
Abatement Service Charge
TOTAL EXPENDITURES
Charge To
Net Assessment
$58,480.76
$
$
S
$175.00
$140.00
$58,795.01
$58,795_O1
Said Valuation and Assessment Engineer further reports that he has assessed and
levied the total amount as above ascertained, to-wit: the sum of 558,795.01 upon
each and every lot, part or parael of land deemed benefited by the said improvement,
and in the case of each lot, part or parcel oE land in accordance with the benefits
conferred thereon; that the said assessment has been completed, and that hereto
attached, identified by the signature of the said Valuation and Assessment Engineer,
and made a part hereof, is the said assessment as complet,d by him, and which is
herewith submitted to the Council £or such action t�YFe� may be considered
proper. ��; �� { � _'•,�
� '� '' � �°' ��
Dated � �� � � � "��
V a4AAf��-�essment Engineer
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J
REPORT
O3-a3�
Date: February 25, 2003
Time: 10:00 a.m.
Place: Room 330 City Hall
15 West Kellogg Boulevard
LEGISLATIVE HEARING FOR REMOVE/REPAIR ORDERS, CONDEMNATIONS,
SUMMARY ABATEMENT ORDERS, AND ABATEMENT ASSESSMENTS
Marcia Moermond
Legislative Hearing Officer
1. Resolution ordering the owner to remove or repair the property at 2285 Benson
Avenue. If the owner fails to comply with the resolution, Code Enforcement is
ordered to remove the building.
(Laid over from 2-11-03)
Legislative Hearing Officer recommends approval.
2. Laid over Summary Abatements from February 11, 2003:
J0207AAA Properly clean-np at 774 Central Avenue West, A30 Edmund Avenue,
837 Fourth Street East, 271 Maria Avenue, and S50 Edmund Avenue;
J0204CC Demolition of building at 1000 Reaney Avenue;
J0207BB Boarding-up of vacant building at 567 Stryker Avenue.
271 Maria Avenue (J0207AAA)
Legislative Hearing Officer recommends approval of the assessment.
1000 Reaney Avenue (J0204CC)
Legislative Hearing Officer recommends laying over to the Mazch 11, 2003, Legislative
Hearing.
567 Strvker Avenue (J0207BB)
Legislative Hearing Officer recommends approval of the assessment.
430 Edmund Avenue (30207AAA)
Legislative Heazing Officer recommends spreading the amount of the assessment over a
five year periad.
837 Fourth Street East (J0207AAA)
Legislative Hearing Officer recommends laying over to the March 25, 2003, Legislative
Hearing.
550 Edmund Avenue (J0207AAA)
Legislative Hearing Officer recommends spreading the amount of the assessment over a
five yeaz period.
o3-a3 Y
LEGISLATIVE HEARING REPORT OF FEBRUARY 25, 2003 Page 2
774 Central Avenue West (J0207AAA)
L.egisiative Hearing O�cer reconunends approval of tYie assessment.
(Note: there are two assessments for 774 Central. See Item 3.)
3. Summary Abatements:
J02QSV Towing of abandoned vehicles from private property for part of May,
June, July, and August 2002;
J0208B Boarding-up of vacant buildings from December 2002;
J0207A1 Property ctean-up for part of July 2002 to part of December 2002.
670 Palace Avenue (J0207A1)
Legisiative Hearing Officer recommends laying over to the March I 1, 2003, Lenislative
Heazing.
236 Arlington Avenue West (J0207AI)
Legislative Heazing Officer recommends approval of the assessment.
2021 Calafornia Avenue East (J0207A1}
Legislative Hearing Officer recommends approval of the assessment.
972 Davton Avenue (J0205V)
Legislative Hearing Officer recommends laying over to the March 25, 2003, Legislative
Hearing.
1817 Davton Avenue (J0207A1)
Legisiative Hearing Officer recommends approval of the assessment.
691 Edmund Avenue (J0205V)
Legislative Hearing Officer recommends approval of the assessment.
123 Geranium Avenue East (J0205V)
Legisiative Hearing Officer recommends approval of the assessment.
1264 Marshall Avenue (J0207A1)
Legislative Hearing Officer recommends approval of the assessment.
679 Maryland Avenue East (J0207A1)
Legislative Hearing Officer recommends approval of the assessment.
1774 Norfolk Avenue (J0207A1)
I,egislative Hearing Officer recommends deleting the assessment.
645 Oakdale Avenue (J0207A1)
Legislative Hearing Officer recommends approval of the assessment.
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LEGISLATIVE HEARING REPORT OF FEBRUARY 25, 2003 Page 3
892 Wilder Street South (70207A1)
I,egislative Hearing Officer recommends reducing the assessment by $100 from $400.50
to $255.50 plus the $45 administrative fee for a total assessment of $300.50.
712 Hawthorne Avenue East (J0207A1)
Legislative Hearing Officer recommends laying over to the March i l, 2003, Le�islative
Hearing.
289 Fifth Street East (302088)
Legislative Hearing Officer recommends deleting the assessment.
1364 Marion Street (J0205V)
Legisiative Heazing Officer recommends deleting the assessment.
774 Central Avenue West (J0205V)
Legislative Hearing Officer recommends approval of the assessment.
(Note: there are two assessments for 774 Central. See Item 2.)
4. Resolution ordering the oFVner to remove or repair the property at 1107 Bush
Avenue. If the owner fails to comply with the resolution, Code Enforcement is
ordered to remove the building.
Legislative Hearing Officer recommends approval.
5. Appeal of summary abatement order at 707 Maivland Avenue East.
(Division of Properfy Code Enforcement)
Legislative Hearing Officer recommends denying the appeal of the swYUnary abatement
order dated January 27, 2003.
6. Appeal of Notice of Condemnation at 970 Euclid Street.
(Division of Property Code Enforcement)
Legislative Hearing Officer recommends denying the appeal of the Norice of
Condemnation dated February 3, 2003.
�
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MINUTES OF THE LEGISLATIVE HEARING
ORDERS TO RBMOVEIREPAIR, CONDEMi�ATIONS,
CORRECTION ORDERS, ABATEMENT ASSESSMENTS
Tuesday, February 25, 2003
Room 330 City Hall, 15 West Kellogg Boulevazd
Mazcia Moermond, Legislative Hearing Officer
The meeting was called to order at 10:05 a.m.
STAFF PRESENT: 3ohn Betz, Code Enforcement; Louis Langberg, Real Estate; Steve Magner,
Code Enforcement; Lisa Martin, Code Bnforcement
Reso3ution ordering the owner to remove or repair the property at 2285 Benson Avenue. If
the owner fails to comply wiYh the resolution, Code Enforcement is ordered to remove the
building.
(Laid over from 2-11-03)
Esther E. McGinnis stated she is not authorized to speak on this property, but she is here on
another property.
Steve Magner reported that he had a conversation with the Minnesota Housing Finance Agency
and indicated that the building is dilapidated and needs to be abated as a nuisance. If they want
to save it, he told them to bring in a plan by today. Since they are not here, Mr. Magner believes
they are going to allow this building to be abated as a nuisance.
Marcia Moermond asked if Code Enforcement would like to amend the order to remove or repair
in 15 days. Mr. Magner responded he would recommend amending that to five days to expedite
matters.
Ms. Moermond recommends amending the resolution to remove or repair in five days.
LAID OVER SUMMARY ABATEMENTS FROM FEBRUARX 11, 2003:
J0207AAA Property clean-up at 774 Central Avenue West, 430 Edmund Avenue, 837
Fourth Street East, 271 Maria Avenue, and 550 Edmund Avenue;
J0204CC Demolition of building at 1000 Reaney Avenue;
J0207BB Boarding-up of vacant buiiding at 567 Stryker Avenue.
271 Mazia Avenue (J0207A)
Kathryn Hessler, 1171 Jackson Street, appeared and stated she just spoke to Lisa Martin (Code
Enforcement) and had this issue taken caze of. Ms. Hessler is withdrawing her appeal.
Marcia Moermond recommends approval of the assessment.
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LEGISLATIVE HEARING MINUTES FOR FEBRUARY 25, 2003 Page 2
627 Palace Avenue (J0207Ai)
(Arno A. Karner, owner, appeazed. The green cazd was not rehuned in time; therefore, the
records were not available for this property.)
Marcia Moermond recommends laying over to the Mazch I 1, 2003, Legislative Hearing.
774 Central Avenue (J0207AAA)
(The owner arrived late. This issue was addressed at the end of the meeting.)
1000 Reanev Avenue (J0204CC, J0207B)
(Note: there aze two assessments for 1000 Reaney. J0204CC is an emergency demo]ition for
$56,41 I.O1. J0207B is an emergency boarding for $338.25.)
Steve Magner reported this was a church. On the night of August 16, a fire broke out in the
building and the Fire Department responded. The fire was put out and the City's emergency
boarding contractor secured the building at 2:00 a.m. resulting in the charge of $338.25.
Afterwards, the Fire Department was concerned because the east side wall adjacent to a
neighboring residential structure started to bow and move. The Fire Department reported to the
City. The City condemned the building and authorized an emergency demolition because it was
in danger of falling. They went out to the property and authorized this demolition to sfop any
further danger.
The following appeared: Louie Vaillancourt, Senior Pastor, 1033 Selby Avenue, St. Paul Park,
and Lonnie Thayer (phonetic), Associate Pastor. Mr. Thayer stated a bolt of ]ightning hit the
church and that caused the problem. The Fire Department came ouY. It ignited again in the
morning. They were unable to save anything inside the church. The demolition was $56,000.
Mr. Vaillancourt stated they have no idea what is on the itemized statement. Dan Bostrom (City
Council President) was trying to track down some informarion. Everyone they talked to thinks
that this charge is out of ]ine.
Ms. Moermond asked is he making any specific requests of the City. Mr. Vaillancourt responded
they have been there for 25 years and have done different kinds of food ministries helping
people. Most of the people in the church would like to stay in the inner city. They are trying to
work out some details so they can continue to do ministries and reach out to the drug addicts. If
they have to, they may pay that kind of money out of their insurance proceeds.
Mr. Thayer asked was there any way to provide leniency. It wouid be a severe hardship to re-
establish the church because of the poorness of the people they deal with. This assessment costs
more than the church did in the first place. The tithes and offerings will not pay the cost of the
cleanup. That land is not big enough to rebuild on.
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LEGISLATIVE HEARING MINUTES FOR FEBRUARY 25, 2003 Page 3
Mr. Vaillancourt stated he has talked to different departments in the City to see if there is a
possibility of exchanging properties if the City has something that would suit their needs. Their
location on Reaney and Cypress is an excellent spot for housing.
Mr. Magner stated he has an itemized bi1L The largest dollaz amount of $36,000 is primarily the
dumping of the material and the acquisition of the fill required. VJhen there is a fire, the site has
to be inspected for contamination of asbestos or other poliutants. This site was positive for that;
therefore, special methods have to be taken: dump trucks had to be lined with plastic, all the
materials had to be brought to a sepazate dump site, spread out, and then put into the landfill.
That cost is higher than normai for a standazd demolition in which they remove the asbestos prior
to the demolition. With a fire, there is not that hixury. Also, there is the additional cost of
employing people on the weekend to raze the building. Mr. Magner will provide a copy of the
bill. They had no inquiries of the bill prior to this hearing. He can mail it to them. (Note: this
bil] was mailed on February 26.)
Ms. Moermond recoiiunends laying over to the March I 1, 2003, I,egislative Hearing after they
had have a chance to look over the bill in some detail. There is no provision for her to waive an
assessment based on economic hardship. She encourages them to talk to the Mayor's Office and
Planning and Economic Development to find another appropriate site within the City.
567 Strvker Avenue (J0207B)
(No one appeared)
Marcia Moermond recommends approval of the assessment.
430 Edmund Avenue (J0207A)
John Betz reported Code Enforcement issued a notice to remove roof shingles, vehicle parts, cut
brush pile and tall grass and weeds in the yazd and adjacent to the alley area. The notice was
issued on August 19, 2002, with a compiiance date of August 23. Pazks did the work on
September 4.
Paul R. Smith, owner, appeazed and stated he had a six foot fence around the backyard. People
are constantly throwing garbage there. He took a vacation from the middie of June to sometime
in August or September. When he picked up his mail, there was a letter conceming this. He
called the phone number on the letter, and she said she would postpone the cleanup for a few
days to give him a chance to take care of it. He went into the alley and it had already been done.
He had no aontrol over it. He is a senior citizen, handicapped, and it is hard enough for him to
pick up his own trash.
Ms. Moermond asked who he talked to at the City. Mr. Smith responded whoever sent him a
letter. He does not recall the name. He is bad about keeping letters.
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LEGISLATIVE HEARII�TG MINUTES FOR FEBRUARY 25, 2003 Page 4
From the inspector's notes, stated Mr. Betz, it was reinspected on August 23, tall grass and
rubbish remained, no call from owner, no telephone number was found.
Ms. Moermond stated that dumping is a problem anypiace. There is little the City can do unless
people aze caught doing it. She asked did he arrange for anyone to take care of his property in his
absence. Mr. Smith responded he told his neighbor he would be gone and to check for broken
windows and things like that. The neighbor probably did not check the alley. There is no lawn
back there except for a tiny strip near the fence and the alley.
Ms. Moermond asked was there any record of Mr. Smith contacting the inspector. Mr. Betz
responded no. He has a videotape. There was the same situation a few years ago. Code
Enforcement has cleaned the property in the past.
Mr. Betz asked does he know the date he went to the post office or called Code Enforcement.
Mr. Smith responded they were going to clean it up the next day.
Ms. Smith requested that it be spread out over a period of time because he is on a fixed income.
Louise Langberg responded that it can be spread out over a five year period.
Ms. Moermond recommends spreading the amount of the assessment over a five year period. In
the future, the owner shouid make sure someone is looking after the property and his mail.
837 Fourth Street East (J0207A)
Racquel Naylor stated the owner requested that this matter be laid over to March 25.
Marcia Moermond recommends laying over to the March 25, 2003, Legislative Hearing.
550 Edmund Avenue (J0207A)
John Betz reported Code Enforcement inspected this property on August 9, 2002. An order was
issued to the properiy owner to remove tall grass and weeds. It was reinspected on August 15.
The Parks Department cleaned the property on September 3.
Harold Tucker, owner, appeared and stated he has diabetes, high blood pressure, and he is on
social security, He is unable to take care of this property by himself. He lives alone. He told the
inspector about his problem, she said she didn't caze, and gave him a ticket anyway.
Ms. Moermond asked has he talked to any nonprofit programs to help him maintain his property.
The City has a long history at this property with exterior violations. Mr. Tucker responded they
talked to him about moving out of the house and into an apartment building. He does not want to
move into one, but he may have to.
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LEGISLATIVE HEARING MINUTES FOR FEBRUARY 25, 2003 Page 5
Ms. Moermond stated he could make arrangements with the City's Real Estate Division to spread
out the payments. Ms. Langberg responded she can spread it out over a five year period.
Ms. Moermond recommends spreading the amount of the assessment ovex a five year period. It
is not her place ta say where he lives, but if he is going to stay in his own home, he has to
maintain the property on his own or anan�e for some help. He did know this work was suppose
to be done and he did not do it on his own. She encourages him to talk to some of the nonprofits
in the azea. Mr. Tucker responded he called the Wilder Foundation, but they never came out.
774 Central Avenue West (J0207AAA, J0205V)
(Note: there aze two assessments on this properiy. J0207AAA was laid over from February 11; it
is a property cleanup for $448. J0205V is a towed vehicle for $540.60.)
John Faulkner, owner, appeared and stated he had a colleague govern that property. If any
assessments were sent, it was sent out to his address. Now Mr. Faulkner is the owner. This is
the first he has heard of this assessment. He took over ownership in September 2002. The
assessment is for an abandoned vehicle for $540.60. He tried calling the previous owner, but his
number is disconnected. This is a vacant lot.
As the current owner, stated Mazcia Moermond, he is still responsible for the assessments that
are due.
The previous owner neglected telling him about it, stated Mr. Faulkner. He asked could the
assessment be cut in haif. Ms. Moermond responded that is the cost the City incurred.
P�Ir. Faulker stated he appeared on February 11, 2002, and the assessment there was $448 far the
same vehicle. The second letter is for $540.60. Mr. Betz responded the lot is overgrown. The
assessment for $448 was for cutting tall grass and removing refuse (J0207AAA). The lot was not
being maintained. That did not include the vehicle.
Ms. Moermond recommends approvai of both assessments.
Summary Abatements:
J0205V Towing of abandoned vehicles from private property for part of May, June,
July, and August 2002;
J0208B Boarding-up of vacant buildings from December 2002;
d0207A1 Property clean-up for part of July 2002 to part of December 2002.
236 Arline,ton Avenue West (J0207A1)
John Betz reported Code Enforcement inspected this property. On September 19, 2002, an order
was issued to the property owner to cut the grass and remove debris from the property by
September 22. A reinspection was conducted, the work had not been done, and a work order was
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LEGISLATIVE HEARING MINTJTES FOR FEBRUARY 25, 2003 Page 6
issued to the Parks Department on September 27. They chazged a minimum amount for the
removal of debris.
Vicky Faulhaber, owner, appeared and stated she was in a car accident and has a doctor's excuse.
She has a letter from her doctor in which the doctor writes that Ms. Faulhaber has increasing pain
and to provide assistance wSth house work and yazd work until she recovers. It is dated
September 13, 2002, and addressed to American Family Insurance Company. They did not
provide assistance, and it is still under investigation.
Ms. Moermond asked did the City mow the lawn. Ms. Faulhaber responded yes. She does not
know about the debris. She lives on a corner lot across from the high school.
Ms. Moermond asked to look at the videotape.
(A videotape was shown.)
Ms. Moermond asked did she try to arrange someone to cut it. Ms. Faulhaber responded no one
would cut it because it was long.
Ms. Ivloermond asked did the City only go out once to help her with this. Ms. Faulhaber
responded yes.
Ms. Moermond recommended approval of the assessment. In terms of reimbursement, the owner
should talk to the insurance company if they were suppose to provide assistance. This would be
a private matter. Her claim is with the insurance company and not the City.
2021 California Avenue East (J0207A1)
(No one appeazed)
Marcia Moermond recommends approval of the assessment.
972 Davton Avenue (J0205V)
John Betz reported his office inspected the property and a notice was issued on 7une 10, 2002, tc
remove an abandoned vehicle by June 20. A reinspection was conducted on July 16, the vehicle
was in the same position, a work order was sent to the police department, who removed the
vehicle on August 20. The notice was sent to 995 Grand Avenue and 972 Dayton Avenue.
The foilowing appeared: Sonja Hauter, owner, 1087 Fairmount Avenue, and Ninette Carlson,
property manager, 1067 Hague Avenue. Ms. Hauter stated she did not get either of those notices.
She is the owner of record. Mr. Betz responded they got the address from Ramsey County
records.
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LEGISLATIVE HEARING MINUTES FOR FEBRUARY 25, 2003 Page 7
Ms. Moermond asked about the Grand Avenue address. Ms. Hauter responded the former
property managers are there. They have not worked for her since Mazch 2002. Their attitude
concerning her properties is to throw away any correspondence. She called the police to have the
vehicle removed. They evicted the woman who was living there and they tried to have towing
companies get the vehicle, but the VIN (vehicle identification number) had been scratched, there
was no registration, and they told her to call the police. She cailed the police, they towed it away,
and assured her there would be no chazge.
Ms. Carlson stated she made the phone call to the police. She met the officer at the property with
the maintenance man. They could not get anyone to tow that vehicle because it was stolen and
completely stripped. The VIN and license number were gone. 5he is surprised at the $422 for a
tow. Mr. Betz responded the property has a rental dwelling registration form with the mailing
address as 995 Grand Avenue #B3. His office issued the order to tow it. The fee includes the
towing, storage, and administrative costs Steve Magner added that storage is $15 a day and it
has to be there for a minimum of 14 days.
Ms. Moermond stated this is a typical expense for the City. They have to hold it for 14 days and
there are auctions every two weeks. Her having initiated the contact with the City is good, but
the City did incur these costs. Ms. Carlson responded she could have cailed a private company
and had the officer sign off on it. Code Enfarcement did not call to have this towed and she has
proof of that, but she does not have the proof with her.
Ms. Moermond suggested the owner change her records with Ramsey County. Ms. Hauter
responded she has already done that.
Ms. Moermond recommends laying this over to the March 25, 2003, Legislative Hearing. In the
meantime, she would like the regulations and laws for towing a vehicle from private property
when the VIN have been removed. Mr. Magner responded that a private company will not tow a
vehicle off the property until the police has issued a tag at the request of the property owner. If
the tag was issued, it is the responsibility of the property owner to contract with a private towing
company to have it towed. If the towing contractor is working on the authorization of the Police
Departrnent, it is because of a work order authorized from Code Enforcement.
1817 Dayton Avenue (J0207A1)
(No one appeared)
Marcia Moermond recommends approval of the assessment.
691 Edmund Avenue (J0205V)
Phuc Craig appeared and stated this is his girlfriend's property. His dad lives there. The car
belonged to the next door neighbor. He has been there twice asking him to move it, but he was
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LEGISLATIVE HEARTNG MINUTES FOR FEBRUARY 25, 2003 Page 8
not there. By the time Mr. Craig got the notice, someone broke into the car. He received a letter,
went to the police station, and he was told to call the police and make a report. Nobody showed
up and he calied again. He was told that he did not have to worry, to let the police tow, and
they'd bill the owner of the caz. Ms. Moermond responded that he shouid take the bi11 to the
owner of the caz and that is a private matter between them. Mr. Craig responded that the owner
is a drug dealer and in }aii. It is half of his property and half of the owner's property.
Mr. Craig stated it is really unfair that he has to pay every time someone parks on his property.
Ms. Moermond responded he should not allow them to park there.
Mr. Betz stated he has a photograph of the car. Weeds have grown up about four feet around It.
(Ms. Moermond looked at the photograph.)
Ms. Moermond stated the date on the photograph reads August 2000. Mr. Betz responded that is
sloppy writing. It should be August 2002.
Mr. Craig asked how he can prevent this from happening again. Ms. Moermond responded there
is m�isance handbook that talks about dumping on property. Also, he should post a no parking
sign and talk to the district council crime prevention coordinator. She wiil send him a letter with
the crime prevention contacts. Mr. Magner added that the owner can call the Police Department,
they will tag the vehicle, and ihe owner can contact a tow company to have the vehicle removed.
Ms. Moermond recommends approval of the assessrraent. (Mr. Craig was given a"St. Paul
Resident Handbook: Neighborhood Nuisances.")
123 Geranium Avenue East (J0205V)
(No one appeared.)
Marcia Moermond recommends approval of the assessment.
1264 Marshall Avenue (J0207A1)
(No one appeared.)
Mazcia Moermond recommends approval of the assessment.
679 Maryland Avenue East (J0207A1)
(No one appeared.)
Marcia Moermond recommends approva] of the assessment.
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LEGISLATIVE HEARING MINUTES FOR FEBRUARY 25, 2003 Page 9
1774 I�TOrfoik Avenue (J0207A1)
Marcia Moermond recommends deleting the assessment as it was incorrectly assessed.
(1Vote: On December 4, 2002, the City Council voted that ihere would be no forthcoming
assessment related to this summary abatement order dated August 4, 2002.)
645 Oakdale Avenue (J0207A1)
Kathryn Hessler, 1171 Jackson Street, appeared and stated she just spoke to Lisa Martin (Code
Enforcement) and had this issue taken care o£ She is withdrawing her appeal.
Marcia Moermond reconunends approval of the assessment.
892 Wilder Street South (J0207A1)
John Betz reported a notice was sent to tlie property owner to cut tall grass and weeds, remove
scrap lumber, brush piles, and junk by September 27. A reinspection was conducted on October
2, the work had not been done, and a work order was sent to the Parks Department who did the
work on October 7.
Tim McMillen, owner, appeared and stated it seems they came on Monday, September 30. Steve
Shiller (Code Enforcement) did not return his last phone call and there was no inspection at that
time either because most of the work had been done by then.
Mr. Betz stated a work order was sent to Parks on October 3. There is a videotape of this with a
date.
Mr. McMillen stated he got two notices and nine items in all. Six of the items were taken care
of. He had a bathtub in the backyard that he was going to use as a liner for a pond. That was
done on September 27. The wire fencing, concrete, bicycle parts, brush piles, and boulevard
were taken care o£ There is no more lawn. At this time, the boulevard was in the process of
being dug up and planted. When the City arrived, there was nothing to cut. The wood was not
taken caze of, and he would have liked to keep it. Mr. McMiilen thought the crew came on the
30t but he may have written the wrong date. When the crew came, he called Mr. Schiiler and
said he thought they had an agreement. Mr. Schiller said that he had lost his number, yet Mr.
Schiller called him back that day when Mr. McMiilen left a message. Mr. McMillen stated it is
hazd to deal with someone that does not return phone ca11s and then says he lost the number. Mr.
McMillen thought he was working along with the inspector. He was going to get an outdoor
wood burner for the wood. He had wood fencing that he got from the neighbor, and that was
taken. He already had fence posts in the ground. Those things were taken along with his child's
toys. The toys were stored in a four by four foot outdoor pooi, which the neighbor said they used
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LEGISLATIVE HEARING MINUTES FOR FEBRUARY 25, 2003 Page 10
to carry away the wood. He cut back the grape vines in the driveway that the inspector
mentioned, but those were not part of the originai orders. He had a lot of wood debris left.
Mr. Betz stated there are all kinds of records and conversations dating back to Ju1y in the file.
The inspector met the property owner there. He had started an abatement action. There was
something about a bathtub being installed. Mr. McMillan responded a liner is expensive. An old
bathtub can be turned into a liner if someone has the creativity to do it.
Mr. Betz went on to say that the inspector noted that on September 13 he cailed the properry
owner to finish cleaning up the rear yard and remove the old carpet. On September 19, he
reinspected it and he did say the carpet had been removed, the fencing had been taken apart, and
the front boulevard remained the same. At that time, he issued a second siunmary abatement
with a compliance date of September 27. On October 2, he reinspected it. There was still brush,
wood debris, wood fencing, and bicycle parts. The inspector left a message on the owner's
phone machine on October 2 that the City would now cut and clean the property and charge him.
Mr. McMillan asked why his call to the inspector was not noted in the file. Also, the crew did
not pick up the bicycle parts. He has less bicycle parts in his yazd than his neighbor has
everyday. Mr. Magner responded that some of this may be addressed by viewing the videotape.
Mr. Moermond asked did he appeal the summary abatement order. Mr. McMillan responded he
asked couid he appeal and the inspector gave him a number and name of a woman who told him
fliat she did not know why he was calling her. But, she did tell him about the green card, and that
is why he is here.
Mr. $etz stated the orders do state that they can appeal to this body. (Mr. Betz showed him the
appeal pazt at the bottom of the notice.)
Ms. Moermond requested the videotape.
(A videotape was shown.)
Ms. Moermond recommends reducing the assessment by $100 from $400.50 to $255.50 plus the
$45 administrative fee for a total assessment of $300.50. She does believe that the owner tried to
communicate with the inspector at the last minute about organizing this. In the future, when he
receives an order to correct something, it specifies very cleazly at the hottom how to appeai.
712 Hawthorne Avenue East (J0207A1)
John Betz stated he just had the file brought down from his office, but he does not have the
videotape. This is about a property cleanup. There was an inspection conducted in September.
A notice was issued to the property owner to clean up the property and cut tall grass and weeds.
A reinspection was conducted. A notice was issued to the Parks Department to remove and
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LEGISLATIVE HEARING MIIVUTES FOR FEBRUARY 25, 2003 Page 11
dispose of refuse and a garbage can fuil of trash and animal feces. Pazks Department conducted
the work on October 28, 2002, and the charge was assessed to the property owner of $243 plus
the administrative fees.
3ame1 Fleniino, owner, appeared and stated they removed a can of dog feces that she could not
lift. Aiso, they put a city garbage can in the back at $50 a week. She told them she was selling
the home and there would be no household gazbage. They wanted proof that she had purchased
garbage service for two months. She has a letter from the property where she was living. The
home was vacant and up for sale. There was no gazbage to be removed. The yard was kept up.
The only thing there was one can of dog feces. She told them to remove it because she couid not
lift it. That could be maybe $50 a week. The garbage cans were empty aiid the properiy was sold
on December 30. The garbage cans still remain at the address. A Public Warks person named
Kelly also witnessed that the garbage can had never been used. She is in agreement with paying
$50 to remove the garbage can there, but $243 is excessive.
Marcia Moermond stated she wouid like to look at the videotape. It sounds like there will be an
appeal separately for the garbage service. Mr. Betz responded the notices say that if the City
corrects the nuisance, the rate will be $225 plus expenses. It is in there so that people know that.
James Bigelow stated she cut down the weeds using his weed whacker.
Ms. Flemino requested hearing both matters at the same time. Mr. Beiz responded he could find
out from the Real Estate Division when they will schedule the hearing regarding the garbage
hauling. Both assessments can be dealt with at the March 11 hearing.
Ms. Flemino asked if there is another step after the legislative hearing. Ms. Moermond
responded the City by law is only allowed to chazge what it costs them to do this. Because this
involves money and property, it will go before the City Council for a public hearing.
Ms. Moermond recommends laying over to the Mazch i l, 2003, Legislative Hearing.
289 Fifth Street East (J0208B)
Steve Magner reported this was an incorrectly assessed property. He requests that this properly
be deleted and the correct address of 281 be assessed.
1364 Marion Street (J0205V)
John Betz stated proper notification was not made. He requested deleting this.
Marcia Moermond recommends deleting the assessment.
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LEGISLATIVE HEARING MINUTES FQR FEBRUARY 25, 2003 Page 12
Resolution ordering the oFVner to remove or repair the property at 1147 Bush Avenue. If
the owner faiIs to eomply wifh the resolution, Code Enforcement is ordered to remove the
building.
Steve Magner reported this is a two story wood frame single family dwe119ng. It has been vacant
since January 17, 2002. The owner is Bank of America. Six summary abatement notices were
issued to remove refuse, cut tall grass, and secure the doors. On December 20, 2002, an
inspection was conducted, a list of deficiencies which constitute a nuisance condition was
developed, and photographs were taken. An order to abate a nuisance buiiding was issued on
January 3, 2002, with a compliance date of February 3. As of this date, this properry remains in a
condition which comprises a nuisance as defined by the legislative code. The vacant building
fees were paid. Real estate taxes are paid in full. Taxation has placed an estimated market value
of $23,500 on the land and $69,200 on the building. As of February 25, 2003, no one has applied
for a code compliance inspection nor has a bond been posted. Code Enforcement estimates the
cost to repair is $60,000 to $70,000; estimated cost to demo]ish, $8,000 to $9,000.
Esther McGiimis, 50 Fifth Street East, Suite 300, representing the Bank of America, appeared
and stated Bank of America is the current owner of the property. They have obtained ownership
by fareclosure. She talked with her client and they have a limited budget for this property. They
have lined up a crew to take care of the majority of the work within 30 days. They propose to
patch and sea] the roof, remove all interior and exterior debris, remove mold including the carpet,
bleach and paint the walls, repair and paint the basement ceiling, and repair the front steps. This
would bring it up to HUD (Housing and Urban Development) requirements. They would then
convey to HUD. A new buyer from HUD wouid then complete the repairs. She does not know
the seriousness of the code violations because they were never provided with anything from Mr.
Magner's Office even though her client requested information. They are making these repairs
based on limited informaUOn. They believe these repairs will take care of a 1ot in an expedient
nianner.
Ms. Moermond stated the code compliance inspection is their best means to get an overall
assessment of the buiiding. She asked the fee for the inspection. Mr. Magner responded $100
for a single family residence such as this.
Ms. Moermond asked how long Bank of America has been in possession of this property. Ms.
McGinnis responded she thinks it has been about a year. She does not have the exact date. Some
of the repairs were done lasC spring or summer.
Ms. Moermond asked about the time span for the six summary abatement notices. Mr. Magner
responded they have occurred since Bank of America had cleared the title or obtained the titie to
the property. The first one was for garbage in 3anuary, tall grass and weeds in July, garbage
abatement and tall grass and weeds in October, suminary abatement for securing in October,
another securing summary abatement in December. On February 1 I, 2003, Code Enforcement
issued a summary abatement to clear the walk from snow and ice cover. Mr. Magner has not
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LEGISLATIVE HEARING MINUTES FOR FEBRUARY 25, 2003 Page 13
seen Bank of America taking the lead. Code Enforcement has been mailing information to the
Bank of America attorney, attention Kazen Resetarits in Getzville, New York, and post office
boxes in Getzville and Richmond, Virginia
Ms. Moermond stated her concern is a history of Bank of America not taking caze of the
properiy. Ms. McGinnis responded it is her understanding that this has slipped through the
cracks, but they are now aware of it. Kazen Resetazits told her that she is willing to get the
repairs started this week.
Ms. Moermond recommends approval of the order to remove or repair within I S days. She is not
confident the property will be rehabilitated. The history on this property is disappointing. She
suggested Ms. McGinnis talk to Councilmember Kathy Lantry about this issue.
Appeal of summary abatement order at 707 Maryland Avenue East.
Lisa Martin reported she was at this property for an inspection. Orders were sent out to have the
garage taken care of by 7anuary 24. She was at the properiy again on December 30 and there was
no change. On January 8 she was at the property, and Mr. Bigelow admitted he did not have a
permit. Mr. Bigelow responded he never admitted that.
Ms. Martin stated there was a recheck on January 27. There was no change on the garage. She
issued orders on January 27 to have the garage repaired or torn down and to remove the
dangerous garage structure attached to the shed. She has photographs where the wiring is done
improperly, and the door is hanging off the garage. It is fu11 of debris.
James Bigelow, Sr., owner, appeared and stated he did pull a permit and it was checked off by
James West (License, Inspection, Environmental Protection) in 1999. They cail it a garage, but
he calls it a cazport enciosure. It was filled with used building materials, which he was ordered
to clean up. The wiring was not up to code, so he removed it. The garage door was not hanging
there, but the flap needs to be pushed up on the top. He has photographs that he took this
morning. He also has photographs of another garage with a flat roof. He has been having
problems with the code people hazassing him. Dick Lippert (Code Enforcement) admitted he
was harassing him and was not going to stop until he moved. One entered his house without him
being there and wrote up some work orders.
(Ms. Moermond looked at the photographs and the permit.)
Mr. Bigelow stated that Mr. Magner said he did not have time to check for a permit, but doubted
there was one.
Ms. Moermond stated she does not see a sign off for the permit. Mr. Bigelow responded that he
asked was it slgned off and he was told yes.
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LEGISLATIVE HEARING MINUTES FOR FEBRUARY 25, 2003 Page 14
Mr. Magner stated the summary abatement order being appealed is for the garage. He went with
Ms. Martin. After looking at the gazage, he instructed her to issue the summary abatement to
completely rehabilitate the garage under a new permit or to remove it. The garage roof is failing.
The joists are startang to pull away and twist. He talked to someone from LIEP and was told the
inspector originally requested the permit in 1999 because he went to the proper[y on a complaint,
and the owner had started the project without a permit. When he came back to reinspect, he was
unable to contact the owner, and he closed it out as the permit was completely for the exterior.
The inspector was never able to get back in to completely reinspect the interior. He never would
have closed it out if he knew what was occurring inside with the construction methods. The fact
remains that was not 1999. The garage does not meet the minimum code standards at this time.
If the owner wants to keep that struchxre on the properry, he needs to get a permit for
rehabilitating that structure, have the building inspector go through it with him after having
completed those repairs, and then have the building inspector sign off on that. If he does not
choose to do that, he can remove it or the City can. There is also another issue of an attached
shed structure which he was likely using as a residence. He had an illegal toilet that was draining
out into the yard. He also had an order for the interior. The reason it was originally inspected is
because the FORCE Unit executed a narcotics warrant on this property for drugs and the FORCE
Unit Housing Inspector did the inspection.
Mr. Bigelow stated there was no warrant. He told John Linson (police office) that he could come
in. They wanted to see the little shed he was staying in. That is where his dog slept. He let them
inside the garage and the attic. No narcotics were found. The homemade toilet did not drain into
the gazage, but into a can. James West said to add a beam across the roof to support the weight.
It is not a garage. It is a carport enclosure. Ms. Moermond responded that is not in front of her
today.
Ms. Moermond asked if the inspectors saw a beam failing. Mr. Magnex responded yes and it is
an unfinished structure.
Ms. Moermond stated the order does not spell out the exact issue with the roof coming close to
failure. She is also unhappy about water problems or sewer connections from another
outbuilding on the property. She would like to get the inspectors back out to relook at this. Mr.
Magner responded he has an original correction order that indicated those repairs, but the owner
is not appealing that order from January 30, 2003. He is appealing the subsequent summary
abatement to remove this shucture.
Ms. Moermond stated her initial concern was that it was not cleaz what needed to be done to
bring this in compliance, but that was specified in the correction notice that is not in front of her
today. She is comfortable that Code Enforcement concerns were clearly articulated to him. She
asked has he taken steps to deal with the soundness of the structure. Mr. Bigelow responded he
does not see it collapsing. He had 3 to 4 feet of snow last year, and he has had no problem with
it. He would like to have an inspecior come out in order to save the structure. He has to have a
place to store tivngs.
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LEGISLATIVE HEARING MINUTES FOR FEBRUARY 25, 2003 Page 15
Mr. Magner stated he would be willing to have a building inspector go to the property. Ms.
Moermond stated they can get an inspector there to outline exactly what needs to happen.
Mr. Bigelow asked the difference between a carport enclosure and a garage. Mr. Magner
responded that is a question for zoning. He is not sure there is a difference between a carport that
is enclosed on four sides and a garage. A carport is a roof with supports that a car is parked
under.
Ms Moermond recommends denying the appeal. They will have a building inspector go out to
show exactly their concerns. She asked the compliance date. Mr. Magner responded they will
need to set a compiiance date after he is given a list.
If the permit was checked off, stated Mr. Bigelow, then it should be okay. Ms. Moermond
responded the situation right now is that it is sUvcturally unsound. When it is checked off, that is
for the conditions at that point and time. Things can change radically over time.
Ms. Moermond recommends denying the appeal on the January 21, 2003, summary abatement
order.
Appeal of Notice of Condemnation dated January 3, 20�3 at 970 Euclid Street.
(Divisian of Property Code Enforcement)
Mark Meysembowg, owner, appeared and stated he retained an attorney who instnzcted him to
only bring up two issues today. The inspection on his property on November 15 was flawed due
to the failure of the inspector to gain proper consent from the tenants. All subsequent inspections
flow from this. Mr. Meysembourg stated he would like to rescind the condemnation due to faulty
inspection. The condemnation can only be done if there is a serious danger to the residents. The
only one that meets this level is Item 1- Lack of pressure relief on the west boiler. It was
replaced by Saint Paul Plumbing.
Marcia Moerniond stated she heard the appeal on the first inspection that led to the subsequent
inspection, and that appeal was denied. She will not revisit that issue. Mr. Meysembourg
responded he didn't expect her to, but his attomey instructed him to say that. His attorney is
preparing an appeal to district court.
Ms. Moermond stated his appeal addresses specific items. Mr. Meysembourg responded that
was before he discussed it with his attorney. He said all these items fall under these two issues.
Ms. Moermond stated the stronger case is embedded in the individual items. From reading
through this, the items do constitute conditions that justify a condemnation and the inspector
made the right cali. She has no information from Mr. Meysembourg that these are not the
conditions at the property, except for the aforementioned the valve issue. As for the other items,
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LEGISLATIVE HEARING MINUTES FOR FEBRUARY 25, 2003 Pa�e 16
she would need information that those conditions don't exist or don't justify condemning. If the
balance of the list is safety issues, that is the inspector's call.
Ms. Moermond denied the appeal on the January 3,2003, Notice of Condemnation.
The meeting was adjoumed at 12:28 p.m
rrn
Note: 728 White Bear Avenue North - John Betz requested that this one be deleted due to
improper notification. Marcia Moermond recommends delering this assessment. This is
from File J0207A2, which will be on the agenda for March 11, 2003.