04-460Council File # � O
Green Sheet # 7r� 7���
RESOLUTION
Presented By
Referred To
1 WHEREAS, Department of Neighborhood Housing and Property Improvement requested the City
2 Council to hold public hearings to consider the advisability and necessity of ordering the repair or wrecking
3 and removal of a two-story, wood frame, single family dwelling located on properry hereinafter refened to
4 as the "Subject Proper[y" and commonly I�own as 635 Western Avenue North. This property is legally
5 described as follows, to wit:
The North 40 feet of the South 80 feet of Lots 43, 44 and 45, Block 8, Smiths Subdivision of Blocks
2, 6, 7 and 8 of Stinsons Division of the Northwest 1/4, Section 36, Township 29 Range 23.
10 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information
11 obtained by Neighborhood Housing and Properiy Improvement or before October 13, 2003, the following
12 are the now known interested or responsible parties far the Subject Property:Sharon A. Kirscher,
13 635 Western Avenue North, St. Paul, MN 55103; REFA, LLC,600 Hamline Avenue North, St. Paul, MN
14 55104; Mortgage Electronic Systems, Inc., c/o Shapiro & Nordmeyer, LLP ,Attn: Craig M. Barbee, Esq.,
15 7300 Metro Boulevard, Suite 390, Edina, MN 55439-2306; Transamerica Financial Services, Inc.,
16 3535 Vadnais Center Drive, #108, Vadnais Heights, MN 55110; Daniel Butterfield, Equistar,
17 600 Hamline Avenue North,St. Paul, MN 55104; Sharon A. Kirscher, 1365 Farrington Street, St. Paul, MN
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WHEREAS, Neighborhood Housing and Property Improvement served in accordance with the
provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an"Order to Abate
Nuisance Building(s)" dated February 17, 2004; and
WHEREAS, this order informed the then lrnown interested or responsible parties that the structure
located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and
WHEREAS, this arder informed the interested or responsible parties that they must repair or
demolish the structure located on the Subject Property by March 18, 2004; and
WHEREAS, the enforcement officer has posted a placard on the Subj ect Property declaring this
building(s) to constitute a nuisance condition; subj ect to demolition; and
WHEREAS, this nuisance condition has not been corrected and Neighborhood Housing and
Property,Improvement requested that the City Clerk schedule public hearings before the Legislative
IIearing Officer of the City Council and the Saint Paul City Council; and
WHEREAS, the interesTed and responsible parties have been served notice in accardance with the
provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the
public hearings; and
AA-ADA-EFA Employer
CITY OF SAINT PAUL, MINNESOTA 3�
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1 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City
2 Council on Tuesday, April 13, 2004 to hear testimony and evidence, and after receiving testimony and
3 evidence, made the recommendation to approve the request to order the interested or responsible parties to
4 make the Subject Properly safe and not detrimental to the public peace, health, safety and welfaze and
5 remove its blighting influence on the community by rehabilitating this structure in accordance with all
6 applicable codes and ordinances, or in the alternative by demolishing and removing the structure in
7 accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be
8 completed within fifteen (15) days after the date of the Council Hearing; and
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WI3EREAS, a hearing was held before the Saint Paul City Council on Wednesday, Apri128, 2004
and the testimony and evidence including the action taken by the Legislative Hearing Officer was
considered by the Council; now therefore
BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced
public hearings, the Saint Paul City Council hereby adopts the following Findings and Order boncerning the
Subject Property at 635 Western Avenue North:
That the Subject Property comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chapter 45.
2.
4.
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That the costs of demolition and removal of this building(s) is estimated to exceed three
thousand dollars ($3,000.00).
That there now exists and has existed multiple Housing ar Building code violations at the
Subject Property.
That an Order to Abate Nuisance Building(s) was sent to the then l�own responsible parties
to correct the deficiencies or to demolish and remove the building(s).
That the deficiencies causing this nuisance condition have not been corrected.
That Neighborhood Housing and Property Improvement has posted a placard on the Subject
Property which declares it to be a nuisance condition subject to demolition.
That this building has been routinely monitored by the Depariment of Neighborhood
Housing and Property Tmprovement, Vacant/Nuisance Buildings.
That the known interested parties and owners are as previously stated in this resolution and
that the notification requirements of Chapter 45 have been fulfilled.
ORDER
The Saint Paul City Council hereby makes the following order:
The above referenced interested or responsible parties shall make the Subj ect Property safe and not
detrimental to the public peace, health, safety and welfare and remove its blighring influence on the
community by rehabilitating this structure and correcting a11 deficiencies as prescribed in the above
referenced Order to Abate Nuisance Building(s) in accordance with all applicable codes and
ordinances, or in the alternative by demolishing and removing the structure in accordance with all
applicable codes and ordinances. The rehabilitation or demolition and removal of the structure
must be completed within fifteen (15) days after the date of tYie Council Hearing.
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2. If the above conective action is not completed within this period of tune the Department of
Neighborhood Housing and Property Improvement is hereby authorized to take whatever steps are
necessary to demolish and remove this structure, fill the site and charge the costs incurred against
the Subject Property pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code.
3. In the event the building is to be demolished and removed by the City of Saint Paul, all personal
property or fixtures of any kind which interfere with the demolirion and removal shall be removed
from the property by the responsible parties by the end of this tune period. If all personal properiy
is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and
dispose of such properiy as provided by law.
4. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in
accordance with Chapter 45 of the Saint Paul Legislative Code.
Requested by Department of:
Benanav
Montaomery
Bostrom
Thune
Harris
Lantrv
Yeas Navs
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✓
✓
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Absent Neiahborhood Aousinq Propertv Imqrovement
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Adopted by Council: Date iiy��_�3,�iJi/.rl
Adoption Certified by Council Secretary
By
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By
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Form Approved by City Attorney
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green
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Departmentloffice/wuncil: Date Initiated:
NH NeighborhaadHousing/Proper[y ,�-�-� Green Sheet NO: 3013616
CoMact Person & Phone: Deoartment Sent To Person InitiallDate
Andy Dawkins � 0 ei hborhood Housin Pro e �
z66�92� /lSSign 1 ei 66orhoodHousin ro er e artmentDirector
Must Be on Council Agenda by (Date): Number Z � A �� o
2&APR'04 For
��� ROUfing 3 a or'sOffice MavoNAssistant
Order 4 ouuci
5 'ri Clerk Ci Clerk
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
City Council to pass this resolurion wluch will order the owner(s) to remove or repair the referenced building(s). If the owner fails to
comply with the resolurion, Neighborhood Housing & Property Improvement is ordered to remove the building. The subject property
is located at 635 Western Avenue North.
Recommendations: Approve (A) or Reject (R): personal Service Contracts Must Mswer the Following Questions:
Planning Commission 1. Has this person/frm ever worked under a contract for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapter 43 of the Saim Paul
Legislative Code. The owners, interested parties and responsible parties laiown to the Enforcement Officer were given an order to
repair or remove the building at 635 Western Avenue North by Much 18, 2004, and have failed to comply with those orders.
Advantages If Approved:
The City will elixninate a nuisance.
Disadvantages If Approved:
The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special
assessment against the property tazes.
DisadvanWges If Not Approved:
A nuisance condirion will remain unabated 9n the Ciry. This building(s) will continue to blight ffie community.
Total Amount of
Trensaction: �000 Cost/Revenue Budgeted: Y ya
l��"�'s .��,,,�'-�,?�c^"c;Si ��r.Epn
� Funding Source: Nuisance HOUSing Activity Number: 30251
I Financial lnformation: Ab8t6ment � �� L ���
(Explain)
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LEGISLATIVE HEARING REPORT OF JUNE 8, 2004
,� 3.
437 Minnnehaha Avenue East (J0401E)
L,egislative Hearing O�cer recommends approval of the assessment.
755 Pierce Butler Route (J0402A)
Legislative Hearing Officer recommends deleting the assessment
1784 Minnehaiia Avenue West (70402A)
I,egisiative Hearing Officer recommends approval of the assessment.
779 Aurora Avenue (70402A)
(Recommendation is forthcoming.)
694 Sixth Street East (J0402A)
Legislative Hearing Officer recommends approval of the assessment
I515 Virginia Street (70401E}
Legislative Hearing Officer recommends approval of the assessment.
Page 2
Resolution ordering the owner to remove or repair the property at 635 Western
Avenue North. If the owner fails to comply with the resolution, Neighborhood
Housing and Property Improvement is ordered to remove the building(s).
(Laid over from 4-13-04)
Legislafive Hearing Officer recommends approval of the resolution to remove or repair
the building(s) in 30 days.
4. Resolution ordering Yhe owner to remove or repair the property at 906 Duchess
Street. If the owner fails to comply with the resolution, Neighborhood Aousing and
Property Improvement is ordered to remove Yhe building(s).
(Laid over from City Council meeting of 5-26-04)
L,egislative Hearing Officer recommends laying over to the June 22 Legislative Hearing
and the June 23 City Council meeting.
5. Appeal of Summary Abatement Order at 469 Whitall Street.
Legislative Hearing Officer recommends denial of the appeal.
6. Resolution ordering the owner #o remove or repait the bvilding(s) at 837 Fourth
Street East. If the owner fails to comply with the resolutiou, Neighborhood Housing
and Property Improvement is ordered to remove the buildfng(s).
Legislative Hearing Officer recommends laying over to the June 22 Legislative Hearing
and the June 23 City Council Meeting.
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NEIGHBORHOOD HOUSAiG & PROPERTY �IPROVEMENT
Andy Dawktns, Program Nfarsage�
C I� �F' .SANr pA�. Nuisante Building Code Enfwcement
Randy C Ke!!y, Hfayor 7600 Nonh White BearAvenue Tef. 6iL266-[900
. SaintPaul, MN 55l06 Faz: 6�1-266-1926
March 19, 2004
NOTICE OF PUBLIC HEARIl�'GS
Council President and
Members of the City Council
The Department of Neighborhood Housin� and Property Improvement, Vacant/Nuisance
Buildings Enforcement Division has requested the City Council schedule public hearings to
consider a resolution ordering the repair or removal of the nuisance building(s) located at:
635 Western Avenue North
The City Council has scheduled the date of these hearings as follows: "
Legislative T3earing - Tuesday, Apri113, 2004
City Council Hearing - Wednesday, April 28, 2004
The owners and responsible parties of record are:
Name and Last Known Address
Sharon A. Kirscher
635 Westem Avenue North
St. Paul, MN 55103
Shazon A. Kirscher
1365 Farrington Street
St. Paul, MN 55117
RF.FA, LLC
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Interest
Fee Owner
Tax Owner
Fee Owner
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635 Westem Avenue North
March 19, 2004
Page 2 �
Name and Last Known Address
Transamerica Financiai Services, Inc.
3535 Vadnais Center Drive, #108
Vadnais Heights, MN 55110
Daniel Butterfield
Equistaz
600 Hamline Avenue North
St. Paul, MN 55104
The legal description of this property is:
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Interest
Mortga�e Holder
Interested Party
The North 40 feet of the South 80 feet of Lots 43, 44 and 45, Block 8, Smiths Subdivision of
Blocks 2, 6, 7 and 8 of Stinsons Division of the Northwest 1/4, Section 36, Township 29 Ran�z
23.
Neighborhood Housing and Property Improvement has declazed this building(s) to constitute a
"nuisance" as defined by Legislative Code, Chapter 45. Neighborhood Housing and Property
Improvement has issued an order to the then known responsible parties to eliminate this nuisance
condition by correcting the deficiencies or by razing and removing this'buildin�(s).
Inasmuch as this Order to Abate has not been complied with the nuisance condition remains
unabated, the community continues to suffer the blighting influence of this property. It is the
recommendation of the Department of Neighborhood Housin� and Property Improvement
that the City Council pass a resolution orderin� the responsible parties to either repair, or
demolish and remove this building in a timely manner, and failing that, authorize the
Neighborhood Housing and Property Improvement to proceed to demolition and removal, and to
assess the costs incurred against the real estate as a special assessment to be collected in the same
manner as taxes.
Sincerely,
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Steve Ma�er
Vacant Buildings Supervisor
tiei�borhood Housma �d Praperry Imarovement
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Megh��leY, �nYAtTomeys Office
MazkEackson, Accicta„t 3ecretaryto the Cotmcil
Laurie Kaplan, PED-Iiousing Division
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MINU'I'ES OF THE LEGISLATIVE i�ARING
OTtDERS TO REMOVE/REPAIR, CONDEMNATIONS, AND ABATEMENT ASSESSMENTS
Tuesday, June 8, 2004
Room 330 City Hall, ] 5 West Kel]ogg Boulevazd
Marcia Moermond, I.egislative Hearing Officer
The hearing was called to order at 10:00 am.
STAFF PRESENT: Andy Dawkins, Neighborhood Hausing and Property Improvement {NHPn;
Steve Magner, NIiPI; Hazold Robinson, NI3PI; Steve Rice, Planning and Economic
Development
Laid over summary abatemenYs from the 5-26-04 City Council meeting:
932 Iroc�uois Avenue (J0401A)
Duane Renville and a friend appeared. Mr. Renville said he bought the property in October
2003. There is confusion about the picket fence that crossed both properties. The snow that was
removed was from the other property. (They showed photographs to Ms. Moermond.)
(A videotape was shown.)
Harold Robinson reported that the inspector went ont on Febniary 10 for a summary abatement.
Notice was sent to Adam and Valerie Bahr at 932 Iroquois and to Occupant at the same address.
Ms. Moermond recommends deleting the assessments, as the owner did not receive proper
notice.
1695 Burns Avenue (J0401A)
Marcia Moermond stated this looks like the City picked up a discazded water heater. The
appellant responded she was hying to figure out where she could dump it. She tried to figure out
ways to get rid of it.
Ms. Moermond asked what she is looking for. The appellant responded a mistake was made.
She has never been in this situation before.
Ms. Moermond asked is there record of the appellant contacting Code Enforcement (NHPn.
Harold Robinson responded there is nothing in tlie file. The inspector said there was no phone
listing for the owner.
The appellant got notice from the City that she needs to take caze of this, said Ms. Moermond.
The appellant concurred and added that she was having problems with her husband.
Ms. Moermond recommends approval of the assessment. She asked is the appellant in a position
of financial hardship. The appellant responded she will pay the bill when she gets it.
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LEGISLATIVE HEARING MINUTES OF JiJNE 8, 2004
Page 2
1591 Tavlor Avenue (J0401A)
(Note: 1591 Taylor Avenue and 604 Oakdale Avenue were discussed in tandem. Both are
owned by the Oxfords.)
V. George Oxford, owner, appeazed and stated he owns both 1591 Taylor and 604 Oakdale. He
requested to see the videotape on 1591 Taylor.
(A videotape was shown on 1591 Taylor Avenue regazding snow and ice.)
Mr. Oxford explained that he was out of town and he hired people to do the work there. He
requested to see the videotape on Oakdale.
(A videotape was shown on 604 Oakdale Avenue twice.)
Mr. Oacford explained that is not his property. It is in front of the retaining wall next door.
Harold Robinson reported that notice was sent to V. George O�cford, Jr., 2305 Linwood Avenue
East, Maplewood, and Occupant at 604 Oakdale.
Ms. Moermond stated it looks like that is a different property. Mr. Oxford responded his
building sits on a hill and he has gazbage service in the back. He cannot picture his tenants
hauling a couch down 50 stairs to put it on the curb when they can take it 20 feet out back and
put in container.
Ms. Moermond recommends the following:
604 Oakdale - deleting the assessment because the owner did not receive proper notice and Mr.
Oxford is not the owner.
1591 Taylor - approval of the assessment
� Resolution ordering the owner to remove or repair the property at 635 Western Avenue. If
the owuer fails to comply �vith the resolution, Code Enforcement is ordered to remove the
building(s).
Lawrence P. Zielke, Attorney at Law, Shapiro and Nordmeyer, 7300 Metro Boulevard, Suite 390,
Edina, appeazed.
Ms. Moermond stated she understands that Mr. Ziellce was 3vred to finish the foreclosure and
Wally Neison was interested in purchasing the properly for a rehabilitarion. It has been referred
back to the Legislative Hearing because the five week redemption period is complete. Mr. Zielke
responded he did not know he was appearing on 635 Western this morning. It may have
happened that Mr. Nelson purchased the property and it would be his responsibility at that point.
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LEGISLATIVE HEARING MINUTES OF JUNE 8, 2004
Page 3
Steve Magner reported that it is his understanding that it has not changed hands and Mr. Zielke is
waiting to go to the sheriffs sale and start the five week redemption. It was laid over to see if Mr.
Zielke was going to seil it or acquire the certificate.
Mr. Zielke said he will call his office.
(This property was discussed later in the hearing.)
Summary Abatements:
J0401E Excessive consumpiion of inspection services for properfy code violations;
J0402A Property cleanup during March 20Q4.
1Vote: 604 Oakdale Avenue will be discussed �vith 1591 Taylor (Item 1).
287 Annapolis Street East (J0402A)
(Steve Rice provided interpreting services for this property.)
Ms. Moermond stated that the city did not receive the information in time. This will be
rescheduled to June 22, 10:00 a.m.
Isabel Sosa, owner, appeazed and stated the tenants did not pass on information to her.
Ms. Moermond recommends laying over to the June 22 Legislative Hearing and the June 23 City
Council Meeting because the file is not available on this property
604 Oakdale Avenue (J0402A)
(See minutes for 1591 Taylor Avenue.)
Marcia Moermond recommends deleting the assessment.
636 Central Avenue West {J0402A)
Marcia Moermond stated this is regarding bags of yazd waste that were picked up by the City.
Jessica Burton, owner, appeared and stated these aze the bags that cover up her flowers and tulip
beds. There were four bags. They called the inspector when they got the first order. Jack
Reardon (NHI'I inspector) said to move them to the back yazd. They were moved onto the deck.
T'he City workers came into the yazd, came onto the deck, removed four bags of what she
covered the tulip beds with.
Harold Robinson reported there is nothing in the file as faz as notes regarding phone
conversations. He said that he would call off the work order, said Ms. Burton.
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LEGISLATIVE HEARING MINUTES OF JUNE 8, 2004
Page 4
Andy Dawkins explained that he spoke to the property owner's father and Mr. Reazdon. Mr.
Reardon said he wouid drop the work order.
Ms. Moermond recommends deleting the assessment because the owner received information
from Code Enforcement that the work order would be called off. She also requested that these
conversations be recorded in the file for the properry, so that information is consistenfly
available.
795 Edmund Avenue (J0401E)
(No one appeazed to represent the properry.)
Mazcia Moermond recommends approval of the assessment.
636 Fuller Avenue (J0402A)
(No one appeazed to represent the property.)
Mazcia Moermond recommends approval of the assessment.
57l Fuller Avenue (J0401E)
Oleatha Curtis, owner, appeazed and stated she has not been staying at the property because of
some terrible things that had happened to her. She did not know anything about the papers
regarding this issue unril her brother showed her. She tried calling the inspector many times to
say that her brother did what he was supposed it. People put refrigerators, bikes, etc. in the alley
and yard, She cannot afford to remove it. She survives on $75 a month. She goes through
crises. She has five children and she is single. She is still not back home yet.
Ms. Moermond stated the problem was broken windows and torn screens.
Mr. Robinson staYed there is no record of phone calls.
(Mr. Robinson showed the first order to Ms. Moermond.)
Ms. Curtis stated no one is staying aY the house currentiy. She has not been there and has proof
of that. Nis. Moermond responded that Ms. Curtis is sYill responsible for her property.
Ms. Moermond recommends spreading the payment of the assessment over a five-yeaz period. If
Ms. Curtis was a victim of crime, then there may be assistance from a communi#y organizer to
help. This is a$70 assessment because inspectors were sent out so many times. Ms. Moermond
can recommend it be divided up to five yeazs. The interest rate is 4.5%. Ms. Curtis stated
sometimes she gets upsets and she puts it in the alley. She does not know what to do because it
is not hers.
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LEGISLATIVE HEARING MINUTES OF JUNE 8, 2004
874 Gorman Avenue (J0402A)
(No one appeazed.)
Ms. Moermond recommends approvai.
437 Minnehaha Avenue East (J0401E)
(No one appeared.)
Ms. Moermond recommends approval.
755 Pierce Butler Route (J0402A)
Page 5
Victor Vazquez, owner, appeazed and stated he moved into the house. He put four tires in the
back. He thought the police took them, but his next door neighbor told him the City took it.
Mr. Robinson reported that notice was sent to a Lorraine on Mazch 4. 1VIr. Vazquez responded he
bought the house on March 1 on a contract for deed.
Ms. Moermond recommends deiefiag the assessment as the owner was not properly notified. Mr.
Robinson suggested the owner get his name on the deed of the property.
1784 Minnehaha Avenue West (J0402A)
Ms. Moermond stated rubbish, junk, and discarded carpet were removed from the yazd.
7oe Letourneau, owner, 1816 Arona Street, appeared and stated the upstairs was rented to
someone for 18 years. He moved out and another man moved in, who is a carpet layer. Mr.
Letourneau told him that the carpet could not be there. This person had to be evicted. If
Mr.Letournean is aware of junk in the back of his property, he gets rid of it. He went by the
house and it was cleaned up.
(A videotape was shown.)
Mr. Letourneau said his paperwork says the items have to be out of there by March 2. He went
by on March 1. The file cabinet and other items were put out beYween Mazch 1 and 8. Ms.
Moermond responded the City was there on Mazch 3 and the work crew went out on March 8.
Mr. Robinson added that the inspector noted in the file that the owner called to say the work was
abated, the inspector went there, and there were still things in the backyazd. The only difference
was some things were moved to the trailer. The inspector called and left a message that the work
order was being sent.
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LEGISLATIVE HEARING MINUTES OF JUNE 8, 2004
Page 6
Ms. Moermond recommends approval of the assessment. In answer to a quesrion about
spreading it over five years, Ms. Moermond said that there has to be financiai hazdship in order
for her to recommend that
779 Aurora Avenue (J0402A)
Steve Magner reported the inspector went to the property on the Mazch 16. This was a sweep of
the area The suminary abatement was mailed on the Mazch 17 to Rex Bryant Jr. and Michelle
Clazk and to Rex Bryant Jr. at 3026 36� Avenue South, Minneapolis. On March 23,
reinspection was done. There was trash and refuse along the properry line in the alley. An
extension was granted to the 29�. The City did the work on the 30th for a cleanup.
The following appeazed: Jane Strauss and Rex Bryant. Michelle Clazk's sister lives there and
has a different standazd of cleanliness, said Ms. Strauss. Michelle tried multiple times to get a
call back from a previous inspector. The initial order was a garage that needed paint.
(A videotape was shown.)
Ms. Strauss says she has documentation that a dumpster was ordered. Michelle said she had
finished putting things in the dumpster. The toy parts in the videotape was in the dumpster, as
Ms. Strauss put them in herself. They were on their way to Iowa when this was done. The
dumpster was delivered on Mazch 25 and there until April 1.
Ms. Moermond asked for an explanation of the area between the fence, the pavement, and the
ailey. Mr. Magner responded that some,of the items were in the alley between the chain link
fence and the asphalt or oiled alleyway. This was an azea sweep so they were being especially
picky about picking up everything. They wrote up 3/4 of the alleys. The toy was not in the
dumpster. This was a vacant pioperiy for over six yeazs and people haue been asked repeatedly
to take care of the properiy. Ms. Strauss responded that before she left town on a Friday, she put
that toy in the duxnpsler herself.
Mr. Bryant asked where the boundaries are. Mr. Robinson responded if it is in the middle of the
aliey, Public Works is sent #o pick it up. If it is on either side of halfway or cioser to the edge, it
is the property owner's responsibility. Ms. Straus responded she wouid like a write-up of
everything that is moved.
Ms. Moermond asked is there an issue going on with Michelle. Ms. Strauss responded they aze
in the process of getting the properiy on the market. Micheile has no ownership anymore.
Mr. Bryant said some of the nighttnaze is Mr. Bryant and Michelle not understanding what is
necessary. The neighbors are a nightmare.
Ms. Moermond asked have supportive housing services been notified. Ms. Clark responded they
have looked at that, but they have not convinced her of that.
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LEGISLATIVE HEARING MINUTES OF JUNE 8, 2004
Page 7
Mr. Bryant stated in short they ordered the dumpster, he picked things up. Ms. Moermond
responded she would like them to check with Real Estate about getting a disability deferment on
an assessment. This deferment would make the assessment not due until the point of seli. They
should check in it. Otherwise, it can be divided over five yeazs.
(Decision forthcoming)
8'16 Cook Avenue East (J0401A)
(No one appeared.)
Ms. Moermond recommends approval.
437 Minnehaha Avenue East
(No one appeared.)
Ms. Moermond recommends approval.
694 Sia�th Sfreet East (J0402A)
(No one appeared.)
Ms. Moermond recommends approval.
1515 VirEinia Street (J0401E)
(No one appeared.)
Ms. Moermond recommends approval.
515 York Avenue (J0401A)
(No one appeazed.)
Ms. Moermond recommends approval.
Confinued from earlier in the meeting: Resolution ordering the owner to remove or repair
the property at 635 Western Avenue. If the owner fails to comply with the resolution, Code
Enforcement is ordered to remove the building(s).
(Laid over from 4-13-04)
Mr. Zielke stated he is not the attorney handling this. He reached the attorney handling the
foreclosure on this properly. A foreclosure sale was held on May 21. It is subject to court
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LEGISLATIVE HEAI2ING MINiJTES OF JUNE 8, 2004 Page 8
confirmation. Once the court signs the order confirming the sale, the redempfion period
commences. Ramsey County has a policy that the judges do not heaz five week redemptions.
The stunmary abatement notices sent to his office were sent to his client, who sent the work order
to a general contractor.
Ms. Magner responded two summary abatements have been issued since the last hearing. Mr.
Magner was there June 1 and the City did the boarding.
Ms. Moermond asked what kind of time lines are involved. Whenever the judge signs the order,
answered Mr. Zielke, the foreclosure can be concluded in eight weeks. In addition, Mr. Nelson
has made an offer on the properry and that is sriil on the table as a possibility. That is not been
consummated yet. Mr. Zielke's client is convinced the properiy stiil has some value.
Ms. Moermond recommends amending the resolution to remove or repair the property in 30 days
instead of 15 days.
Resolution ordering the owner to remove or repair the building(s) at 906 Duchess Street. If
the owner fails to compiy with the order, Neighborhood Housing and Property
Improvement is ordered to remove the building(s).
(Laid over from 5-26-04 City Council Meeting)
Lawrence P_ Zielke, Attorney at Law, Shapiro and Nordmeyer, 7300 Metro Boulevard, Suite 390,
Edina, appeared.
Mr. Magner stated this went to Council and the Council decided to bring this back to legislative
heazings. There was notification and calls prior to the Councii. Mr. Zielke contacted the office
and asked for it to be laid over.
Mr. Zielke stated his client has not been given formal notice of this procedure. In the meantime,
his client has had work crews out to the properiy. The service is Home Comings. Ms.
Moermond responded it appeazs on the paperwork that they have been notified.
Mr. Zielke stated his client has had difficulty in getting the assignment of mortgage. They are
prepazed to commence to foreclosure and do a five week redemption. They are prepared to
complete the foreclosure. They have filed a vacant building registration form and paid the fee.
Ms. Moermond stated he has not applied for a code compiiance inspection and is it because his
client does not have access to the property. Ms. Zielke responded his client does not own the
property at this point. They can have a code compliance done.
Ms. Moermond stated she will not grant 180 days granted until there is an inspection. Mr. Ziellce
responded it would take eight weeks to get to sale and five week redemption for a best case
scenario.
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LEGISLATIVE HEARING MINLTTES OF JIJNE 8, 2004 Page 9
Ms. Moermond stated it was condemned January 2004, so it was on a faster track to the
legislative hearing process than some properties. Mr. Magner expiained that it was vacant longer
than that. The building was condemned because they were called there on a water leak. 'The
building was abandoned and the urilities shut off except for the water. It froze, leaked all over
out of the building, sidewallc, street. The water utility went out there. There may be a mold
problem presenY.
Ms. Moermond stated she is concemed about the mold. It will be impossible to do rehab if it
goes too long. Mr. Zielke and his clienT need to iook at the building to see if it is financially able
to be rehabbed.
Ms. Moermond recommends laying over to the June 22 hearing and the June 23 City Council
Meeting. If they get the code compliance inspection, the client can decide what to do. Mr.
Magner told Mr. Zielke how to schedule an inspection.
Appeai of Summary Abatement Order at 469 Whifall Street
Ken Johnson and Steve Johnson, appeazed.
Ken Johnson stated he was called for grass being too long. He asked how long the grass can be
before it is cited in Saint Paul ordinances. Steve Magner responded eight inches.
(Ken gave Marcia some photographs.)
Ken Johnson said he has a stack of about 30 properties where the grass is longer than he does.
He did not find any citations against them. If you get too many of these, they go against your
property.
Ms. Moermond asked the cause for the inspection. Mr. Magner responded it was a monitoring
inspection. This is a registered vacant building. The inspector went out, noticed the grass was
long, and was instructed to issue a summary abatement because it was longer than eight inches.
Ms. Moermond asked would it be subject to excessive consumption of code enforcement
services. Mr. Magner responded not for the monitoring reinspecfion. The 3ohnsons responded it
is not legaliy registered yet because iY is in district court.
Steve Johnson said he cut the grass on May 7 and then cut it on May 20. 'The lot next to him
belongs to the City and that grass is 12 Yo 14 inches high and it was not cut until the 28�. None
of the properties azound that azea were cut There was 26 days of rain in a month, asked Mr.
Johnson, how would a person cut the grass.
Mr. Magner stated it is a registered vacant building. The grass was in violation which is why
Inspector Kalis issued the order. Mr. Magner also ordered Mr. Kalis to issue an order to the
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LEGISLATIVE HEARING MINUTES OF JUNE 8, 2004
Page 10
adjoining properly, which appazently the City owned. The City tried its efforts to address both
parties.
Ms. Moermond stated there aze a lot of cars exceeding the speed limit� If a cop stops a person for
exceeding the speed limit, it does not make it right that others were speeding as well. The
Johnsons responded that they were disputing the length of the grass. The City does not have
proof.
Ms. Moermond recommends denying the appeal as the inspector's file is sufficient from her
perspective to order the lawn abated. The Joluisons responded they will appeal in district court
forthe grass.
Resolution ordering the owner to remove or repair the building(s) at 837 Fourth Street
East. If the owner fails to comply with the resolution, Code Enforcement is ordered to
remove the building(s).
(Steve Magner submitted photographs.)
The following appeared: Bi11 Hammes 10105 Tenth Street North, Lake Elmo; Bob Blackwell,
333 East 22nd Street, Minneapolis; and Dorothy Lyons, 10072 Tenth Street North, Lake Elmo.
Ms. Moermond stated she has a purchase agreement that showed he purchased the properiy for
$22,000. Mr. Blackwell responded that is conect. The property has been transfened but not
filed yet.
Ms. Moermond asked was this an arms length transaction. Mr. Blackwell responded he put
down $1,000 and plans to pay $22,000 after it is 95% complete, which it is now. He was going
to pay the balance through a different contract.
Ms. Moermond stated she does not understand what is going on. The last she heard, it was
further behind in the rehab. Mr. Blackwell responded it is almost done now. The sheetrock is in.
Building, electrical, and plumbing inspectors have been in. Mr. Magner added that a11 work had
to be ceased after the $2,000 bond was forfeited on May 4. Jim Seeger (LIEP) red tagged that
property. A new bond is needed and new permits.
Ms. Moermond asked is he awaze of this. Mr. Blackweli responded he is not. There is not a red
tag on the building.
Ms. Moermond asked is anyone aware that there is a stop work order on the property. Mr.
Hauunes and Ms. Lyons also responded they have not seen it. Mr. Blackwell stated the properry
is up to code. Everything they asked the Hammeses to do is now done. Mr. Magner responded
that he was at the property on June 18. The properiy was not in compliance at that time.
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LEGISLATIVE HEARING MII�IUTES OF JUNE 8, 2004 Page 11
Mr. Blackweli said it is up to code. Ms. Moermond responded it is not up to code until the City
says it is up to code. It was required to have a code compliance inspection, which listed a
number of things wrong with the building. There are no open buiiding permits on this building.
A bond needs to be posted again and permiLs pulled. Ms. Moermond needs an inspector to say it
is code compliant.
Mr. Biackwell asked how he goes about doing these things. Mr. Magner responded that Rachel
Lyons is still recognized by the owner. She is deceased. It is assumed that she would have
bequeathed her possessions to her son, who would have been Dorothy Lyons' husband. He is
deceased, which leaves Ms. Lyons as the next heir. Mr. Magner asked Ivls. Lyons yesterday if the
proper[y has been probated The Legislative Hearing Officer brought up the issue of getting this
probated on Juiy 22, 2003, on the original legislative hearing. Dorothy Lyons and her son
VJilliams showed up and it was discussed specifically that the properry needed to be probated, the
bond needed to be gosted, and pernuts had to be obtained.
Dorothy Lyons stated there were inspections made before the property was sold. There is a lot of
progress. Ms. Moermond stated the last inspector said it was further behind.
Mr. Biackwell asked was it possible to post another bond and take a pemut to get the building
inspectors in and he asked about the code compliance inspection. Ms. Moermond responded that
is the ideal. She will recommend that the bond not be accepted from anyone but the owner. He
is required to have a truth in the sale of housing or a code compliance inspection to transfer from
one pariy to the next. She asked was that provided in this transaction. Mr. Blackwell responded
he did not receive it, buY it is not Ms. Lyons' fault.
Mr. Magner stated if it is sold without a truth in housing then the City would have to enforce that.
The seller needs to provide that to the buyer. Mr. Blackweil responded he will haue it probated
and filed this week.
Ms. Moermond recommends laying over to the June 22 Legislative Hearing and the June 23 City
Council Meeting. She will be looking for a work program so that Mr. Blackwell understands the
magnitude of what is required in this situation and has a viabie plan to complete the rehab of the
property. That plan wonld be based on a Code Compliance Inspection. He needs to wark with
LfEP to see if the existing inspection is sufficient or a new inspection needs to be done. Mr.
Blackwell responded the properry is completed already.
The heazing was adjourned at 11:47 a.m.
�
2024 Bush Avenue - unable to find in the list of addresses. No one appeared. Ms. Moermond
recommends approval of the assessment.