04-633����� � � o�
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Council File # O�� ���
Green Sheet # .Jb��P�� 1
Referred To
Presented By
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Committee: Date
1 WHEREAS, Neighborhood Housing & Property Improvement has requested the City Council to
2 hold public hearings to consider the advisability and necessity of ordering the repair or wrecking and
3 removal of a iwo-story, wood frame, single family dwelling and the detached, one-sta11, wood frame gazage
4 located on property hereinafter referred to as the "Subj ect Property" and commonly known as 837 4�' Street
5 East. This property is legally described as follows, to wit:
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7 L,ot 7, Block 2, Auditor's Subdivision No. 69, St. Paul, Minn.
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9 WHEREAS, based upon the records in the Ramsey County Recarder's Office and information
1 O obtained by Neighborhood Housing & Property Ixnprovement on or before January 25, 2004, the following
1 1 are the now lmown interested or responsible parties for the Subject Properiy: Estate of Rachel A. Lyons,
12 c/o Dorothy Lyons, 10072 North 10�' Street, Lake Elmo, MN 55042; Dorothy Lyons, 10072 North 10�'
13 Street, Lake Elmo, MN 55042; William Haimues, 10105 North 10�' Street, Lake Elmo, MN 55042
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WE3EREAS, Neighbarhood Housing & Property Improvement has 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 May 8, 2003; and
WHEREAS, this order informed the then known interested or responsible parties that the structure
located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and
WHEREt� S, this order informed the interested or responsible parties that they must repair or
demolish the structure located on the Subj ect Property by June 9, 2003; and
WIIEREA.S, the enforcement officer has posted a placard on the Subject Property declaring this
building(s) to constitute a nuisance condition; subj ect to demolition; and
WI�REAS, this nuisance condition has not been corrected and Neighborhood Housing & Property
Improvement requested that the City Clerk schedule public hearings before the Legislative Hearing Officer
of the City Council and the Saint Paul City Council; and
WHERER S, the interested and responsible parties have been served norice in accordance with the
provisions of Cha�ter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the
public hearings; and
AA-ADA-EEO Employer
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1 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City
2 Council on Tuesday, June 8, 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 Properiy safe and not detrimental to the public peace, health, safety and welfare and
5 remove its blighting influence on the community by rehabilitating this structure in accordance with all
6 applicable codes and ardinances, or in the alternative by demolishing and removing the structure in
7 accordance with ail applicable codes and ordinances. The rehabilitation or demolition of the shucture to be
8 completed within fi� ��? ays after the date of the Council Hearing; and
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WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, June 23, 2004
and the testimony and evidence including the action taken by the Legislative Hearing Officer was
considered by the Council; now therefore
BE TT 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 concerning the
Subject Property at 837 4�' Street East:
That the Subject Property comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chapter 45.
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That the costs of demolition and removal of this building(s) is estimated to exceed three
thousand dollazs ($3,000.00).
That there now exists and has existed multiple Housing or Building code violations at the
Subject Property.
That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties
to correct the deficiencies ar to demolish and remove the building(s).
That the deficiencies causing this nuisance condition have not been corrected.
That Neighbarhood Housing & Property Improvement has posted a placard on the Subject
Pr�perty which declares it to be a nuisance condition subject to demolition.
That this building has been routinely monitored by Neighborhood Housing & Property
Improvement, VacantlNuisance Buildings.
That the lrnown 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 Subject Properiy safe and not
detrimental to the public peace, health, safety and welfaze and remove its blighting influence on the
community by rehabilitating this structure and correcting all 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 �"��� days after the date of the Council Hearing.
/�(1
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1 2. If the above corrective action is not completed within this period of tune Neighborhood Housing &
2 Properiy Improvement is hereby authorized to take whatever steps aze necessary to demolish and
3 remove this structure, fill the site and chazge the costs incurred against the Subject Property
4 pursuant to the provisions of Chapter 45 of the Saint Paul I,egislative Code.
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In the event the building is to be demolished and removed by the City of Saint Paul, all personal
properry or fixtures of any kind which interfere with the demolition and removal shall be removed
from the property by the responsible parties by the end of this time 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 property as provided by law.
It is fitrther ardered, that a copy of tivs resolution be mailed to the owners and interested parties in
accordance with Chapter 45 of the Saint Paul Legislative Code.
Q
Requested by Department of:
Yeas Navs
Benanav �
Montcromerv ,/
Bostrom j/
Thu
Har
Lar,
Hel
Adop
Adop
By:
Appr
By:
Absent Nei hborhoo Housin Pro ert Im rovement
By : l �v�{u �
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartmenUoffice/council: Date Initiated:
NH -Ne,�,borh�Ho�s��rop�,. 14-MAY-04 Green Sheet NO: 3016737
Ccntact Person 8 Phone:
Deoartment Sent To Person Initial/Date
Mdy Dawkins 0 ei h rhood Aous n ro er � � r//
2661927 p,sj 1 ei hborhoodHOUSin ro er De artmeotDirector �
Must Be on Council P.genda by (Date): Number 2 • Attorne '� 5�d�
23JUN-04 For
Routing 3 or's Office a odAssisTa t
Order 4 o ncil
5 i Clerk Ci Clerk
Sotal # of Signature Pages �(Ciip Afl Locations for Signature)
Action Requested:
City Councfl to pass this resolution wluch will order the owner(s) to remove or repair the referenced building(s). If the owner fads to
comply with the resolution, Neighborhood Housing & Property Improvement is ordered to remove the building. The subject property
is located at 837 4th S4eet East.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions:
__ Planning Commission 1. Has this personffirm ever worked under a contrad for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this persoNfirm ever been a city employee?
Yes No
3. Does this personffirm possess a skill not normally passessed by any
current city employee?
Yes No
Ezplain 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 A3 of the Saint Paul
Legislative Code. The owners, interested parties and responsible parties lmown to the Enforcement Officer were given an order to
tepau ox remove the building at837 4th Street East by June 9, 2003, and tiave failed to comply with � � a . y
R V
Advantages If Approved: � � t�� 1!a Z(���1
The City will eliminate a nuisance.
���� ������� F
Disadvantapes 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 taxes.
Disadvantages If Not Approved:
A nuisance condition will remai� unabated in the City. This building(s) will continue to blight the community.
Total Amount of $000 CosURevenue Budgeted: Y
Transaction: i E�nat�ar��,r� L'
Fundingsource: NuisanceHousing ActivibNumber. 30251 ��' "
Financial lnformation: Abateme�t pj �� c) �����
I (Explain) � I fJ
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LEGISLATIVE HEARING MINUTES OF JUNE 8, 2004
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Page 10
adjoining property, which apparently the City owned. The City tded its efforts to address both
parties.
Ms. Moermond stated there aze a lot of cars exceeding the speed lnnit If a cop stops a person for
exceeding the speed limit, it does not make ii right that others were speeding as well. The
7ohnsons responded tbat 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 Johnsons responded they will appeal in district court
for the grass.
` V Resolution ordering the owner to remove or repair the building(s) at 837 Fourth Street
�F East. If the owner fails to comply �vith the resolution, Code Enforcement is ordered to
remove the building(s).
(Steve Magner submitted photographs.)
The foilowing appeared: Bill Hammes 10105 Tenih Street North, Lake Elmo; Bob Blackwell,
333 East 22n� Street, Minneapolis; and Dorothy Lyons, 10072 Tenth Street North, Lake Elmo.
Ms. Moermond stated she has a purchase agreement that showed he purchased the properry for
$22,000. Mr. Blackwell responded that is correct. The property has been transferred but not
filed yet.
Ms. Moermond asked was this an arms length transaction. Mr. Blackwell responded he put
down $1,000 and pians to pay $22,000 after it is 95% complete, wiuch 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 heazd, it was
fiirther behind in the rehab. Mr. Blackwell responded it is almost done now� The sheetrock is in.
Building, electrical, and plumbing inspectors haue been in. Mr. Magner added fihat all work had
to be ceased after the $2,000 bond was forfeited on ivlay 4. Jim Seeger (LIEP) red Yagged that
property. A new bond is needed and new permits.
Ms. Moermond asked is he awaze of this. Mr. Blackwell 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 properry. Mr.
Hanunes and Ms. Lyons also responded they have not seen it. Mr. Blackwell stated the properry
is up to code. Everything they asked the Hainmeses to do is now done. Mr. Magner responded
that he was at the property on June 18. 'fhe properiy was not in compliance at that time.
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LEGISLATIVE HEARING MINUTES OF JCINE 8, 2004 Page 11
Mr. Blackwell 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. T'here aze no open building pemuts on this building.
A bond needs to be posted again and permits pulled. Ms. Moermond needs an inspector to say it
is code compliant
Mr. Blackwell asked how he goes about doing these things. Mr. Magner responded that Rachel
Lyons is stiil 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 Ms. Lyons yesterday if the
property has been probated. The Legislafive Hearing Officer brought up the issue of getting this
probated on July 22, 2003, on the original iegislative hearing. Dorothy Lyons and her son
Williams showed up and it was discussed specifically that the properiy needed to be probated, the
bond needed fo be posted, and pernuts had to be obtained
Dorothy Lyons stated there were inspections rnade before the properiy was sold. There is a lot of
progress. Ms. Moermond stated the last inspector said it was further behind.
Mr. Blackwell asked was it possible to post another bond and take a permit 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 party to the next. She asked was that provided in this transaction. Mr. $lackwell responded
he did not receive it, bnt iY is not Ms. Lyons' fault.
Mr. Magner stated if it is sold without a truth in housing then the City wouid have to enforce that.
The seller needs to provide that to the buyer. Mr. Blackwell responded he will have it probated
and filed this week.
Ms. Moermond recommends laying over to the June 22 Legislative Hearing and the June 23 Ciry
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 viable pian to complete the rehab of the
properly. That plan would be based on a Code Compliance Inspection. He needs to work with
LIEP to see af the existing inspection is sufficient or a new inspection needs to be done. Mr.
Blackwell responded the property is completed already.
The hearing was adjo�ued at 11:47 a.m.
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2024 Bush Avenue - unable to find in the list of addresses. No one appeared. Ms. Moermond
recommends approval of the assessment.
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ON- G 33
D[VISION OF PROPERTY CODE EIQFORCEMENT
Andy Dawkins, Program Manager
crrY oF s�rr PauL.
Randy C. Ke!!y, Mayar
Nuisance Bui[ding Code Erzfarcement
1600 North White Bear Avenue TeI: 6i I-266-1900
SaintPaal, MN 55l06 Fas: 651-266-]926
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May 14, 2004
NOTICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
Neighborhood Housin� & Property Improvement , Vacant/Nuisance Buildings Enforcement
Division has requested the City Council schedule public hearings to consider a resolution
orderin� the repair or removal of the nuisance building(s) located at:
837 4�` Street East
The City Council has scheduled the date of these hearings as follows:
Legislative Hearing - Tuesday, June 8, 2004
City Council Hearing - Wednesday, June 23, 2004
The owners and responsible parties of record are:
Name and Last Known Address
Estate of Rachel A. Lyons
c!o Dorothy Lyons
10072 North 10�' Street
Lake Elmo, MN 55042
Dorothy Lyons
10072 North 10`� Street
T akQ Elmo. MIv' »042
i-r:o w�:.�..e.
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rtli .wr I.w.wfu7�:�ll � ■,/� uatt�ewl\ 'M
Interest
Fee Owner
Possession/Claims Ownership
vcx:.rt�.�" �aza
Z.ot 7, �lock 2, Auditor's Subdivision i�To. S9, SL PauI, Mimi.
:. a�..
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837 4`" Street East
May 14, 2004
Page 2
Neighborhood Housing & Property 7mprovement has declazed this buildin�(s) to constitute a
"nuisance" as defined by L,egislarive Code, Chapter 45. Neighborhood Housing & Property
Improvement has issued an order to the then lmown responsible parties to eliminate this nuisance
condition by correcting the deficiencies or by razin� and removing this building(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 properry. It is the
recommendation of the Neighborhood Housing & Property Improvement that the City Council
pass a resolution ordering the responsible parties to either repair, or demolish and remove this
building in a timely manner, and failin� that, authorize the Neighborhood Housing & Property
Improvement to proceed to demolition and removal, and to assess the costs incurred against the
reai estate as a special assessment to be collected in the same manner as taxes.
Sincerely,
�e
, �� .
Steve Magner
Vacant Buildings Supervisor
Neighborhood Housing & Property Improvement
SM:mI
cc: Frank Berg, Building Inspection and Desi�
Meghan Riley, City Attomeys Office
MaryErickson, Assistant Seeretary to the Council
Laurie Kaplan, PED-Housing Division
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M-ADA-EEO EttQioyer
0�-633
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Mazcia Moermond
I,egisiative Hearing Officer
Note: items 2 and 3 were on the June 23 City Couneii agenda.
1. Appeal of Notice of Condemnation and Order to Vacate at 955 Aarora A: enue.
(Neighborhood �ioasing and Properry Improvement)
(Laid over from 6-1-04)
Date: June 22, 2004
Time: 10:00 am.
Piace: Room 330 City Hall
I S West Kellogg Boulevard
LEGISLATIVE HEARING FOR ORDERS TO REMOVE/REPAIK, CONDEMNATIONS,
AND ABATEMENT ASSESSMENTS
Legislative Hearing Officer recamn►ensis iaying over to the 7uly 27 Legislative Hearing and
the Jnly 28 City Council Meeting.
2. Laid over summary aba#ement assessment from 6-8-04:
d0402A Praperty cteanap dnring March 2004 at 287 Annanolis Street East.
Legislative Hearing Officer recommends approval of the assessment.
3. Res�intioa flrdering the owner to remove or repair the buiiding(s) at 946 Duchess
Street If #ite o�vner fails to compiy with the resolution, Neighborhood Housing and
Prnperty Improvement is ordered to remave the building{s).
(Laid over from 5-8-04)
Legislative Hearing Officer recommends amending the resolution to remove or repair in 30
days.
4. Resotution orderinb tiie owner to remove or repair the property at 1005 Sherburne
Avenue. If #he owner fails to comply with the resolution, Neighborhood Aousing and
PropQrfy Improvement is ordered to remove the building(s).
�5.
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I,egislative Hearing Officer recommends laying this over to the duly 13 Legislative hearing
and the July 28 City Council Meeting.
Resolution ordering the owner to remove or repair the buiiding(s) aY 837 Fourth
Street East. If the owner fails ta comply with the resolution, Neighborhood Honsing
and Property Improvement is ordered to remave ihe building{s).
{Laid over from 6-8-04)
Legisiative Hearing flfficer recommends ihe awner post a$5,040 bond, provide a work
plan indicating fiow all the items an the Code Compliance Inspection Report wiil be
compieied, and momh�y updates from the attorney.
- - -- — -� - _ _ _ _. _ _._�__ __ -�E --- ---_---- �--- — -�-. , . - - - -- - - -
MINUTES OF THE LEGTSLATIVE HEARING
--`- `�iZ
o� co3�
ORDERS TO REMOVE/REPAIIt, COI3DEMI3ATIONS, AND ABATEMENT ASSESSMENTS
Tuesday, June 22, 2004
Room 330 City Hall, I S Keilogg Boulevard West
Marcia Moermond, Legislative Hearing Officer
The hearing was called to order at 10:02 a.m.
STt1FF PRESENT: Steve Magner, Neighborhood Housing and Property Improvement; David
Weisberg, License, Inspections, Environmeutal Protection
Appeal of Notice of Condemnation and Order to Vacate at 955 Aurora Avenue.
(Laid over from 6-1-04)
The following appeared: Perry deStefano, Southern Mnmesota Regional Legal Services, 166
Fourth S#reet East, Suite #200; Michelle Lee, owner; Patricia A. Mivu, Aurora St Anthony
Neighborhood Development Corporation, 375 Oxford Street North.
Mr. deStefana stated there were two picture windows. There was a delay for two reasons; they
had to raise money, and the windows were custom built. He has a document from the Selby
Avenue Community Development Corporation that they will come up with the rest to do the
windows. Ae has a receipt showing that four windows were purchased and in the progress of
being made. There are nine chiidren in #he house that would be homeless if it is vacated. It is a
Habita# for Humanity house. The City would not wanY this home to fail and have nine children
become hameless_
Ms. Moermond asked the time line for the windows to be installed. Ms. Minns responded it will
be seven to ten days before the windows will be Teady. Someone is volunteering their time to
install the windows.
Mr. Magner stated that the effort of Mr. deStefano should be greatly appreciated in this case;
however, ihis would c�nly being a stop gap measure until something is done about the foreclosure
of the mortgage. There is a July 13 sherif#'s sale. Mr. deStefano responded this is not before the
Legislative Hearing �€ficer today. T#aere �re some mortgage prevention programs, and the owner
has until July 13 to reinstate the mortgage and until June 28 to catch up on the mortgage. If
emergency assistance cannot help, SMRLS will agree to help.
Mr. Magner stated there are other issues besides windows that need to be addressed. Some are
minor issues relative to maintenance. Other violations were sanitation of the yazd, house and
building numbers, and storm doors. Mr. deStefano responded those aze not major issues.
ACORN has a maintenance program to teach people how to do routine maintenance.
Ms. Minns stated they are working on a program to do landscaping. She asked did Ms. Lee do
some things. Ms. Lee responded yes.
Ms. Moermond recommends laying over to the July 27 Legisiative Hearirig and the July 28 Ci�y
Council Meeting. She is hoping that all these items will be addressed at that time. If the
property is brought into compliance, she will recommend the condemnation appeal be granted. If
LEGISLATIVE HEARING MINUTES OF JLJNE 22, 2004
D�l �0
Page 2
it's not done, they will go ahead with the condemnation. (Mr. deStefano reguested confirmation
from the inspector.)
Laid over summary abatement assessment from b-8-04:
J0402A Property cleanup during 1VIarch 2404 at 287 Anna�olis Street East
(David Weisberg provided English-Spanish interQreting services for this properry.)
Mazcia Moermond stated tlus is regazding discarded refuse in the yard.
Maria lsabel Sasa, 28� Annapolis Street East, appeazed and asked did the City also tow a large
van and #ruck. �ere was ciisc;c;ussion about a blue van that was towed, wluch is a separate issue.}
Ms. Sosa said she does not liye at #he properiy, she rents it out She talked to the inspector. He
told her to complete the form to rent the house. He also told her that she needs to go to court.
(A videotape was shown.)
After seeing the videotape, Ms. Sosa said "That's right " This is expensive, but she wants to pay
it. She was wondering if the payments can be reduced. Ms. Moermond responded no, but the
payments can be made over time. She asked did Ms. Sosa own the property in March 2004. Ms.
Sosa responded they have been tlie owners since 1996. Her brother lived there, and then he
moved. They never had any problems until they rented it aut
Ms. Moermond expiained that it is the owner's responsibiliiy to maintain the property. There is a
one hour minimum chazge. Mr. Magner explained that $225 is the one hour minimtun that Parks
and Recreation chazges to go to the properiy. There aze disposal charges for the mattresses of
$20, there was $42 for the amount of stuff removed. Every time the work order is done, it is $50
plus $20 for the paperwork. The assessment total is $357
Ms. Moermond asked does she want it spread over two yeats. Ms_ Sosa responded one or two
months is ali she needs.
Ms. Moermond recorsunends approval of the assessment and explained that the City Council will
rafify this issue tomorrow. Real Estate will send her a bili, the owner can pay part of it, and then
pay more later.
Resolufion ordertng the oivaer #o remove or repair Yhe bailding(sj at 9Db Dnchess Street. If
the owner fails to comply with the resolutian, Neighborhaod Hoasing and Pro�erty
Improvemen# is ordered to remove the building(s).
(Laid over from 6-8-04)
Lawrence P. Zielke, Attorney at Law, 7300 Metro Boulevard, Suite 390, Edina, appeared and
stated the Code Compliance Inspection was conducted and completed yesterday. He tried to get
the report this morning.
LEGISLATIVE HEARING MINUTES OF JUNE 22, 2004
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Page 3
Steve Magner reported that a bond has not been posted yet. They are waiting for the Code
Compliance Inspection Report, which may be completed and on its way over here. Mr. Magner
will have it today or tomorrow.
Mr. Zielke stated they have an offer on the table. There has been some discussion between Mr.
Nelson and Home Comings. The client needs to see the result of the Code Compiiance
Inspection Report. Between that report and the report from theu fieid persony it will help the
client better understand the picture. Mr. Zielke hopes to ge# this into the rehab mode one way or
another. It sounds like it can be rehabilitated, but it will take a major inveshnent. He would like
more time besides tomoaow:
On June 8, said Mr. Magner, Mr. Zielke stated they were waiting for the assignment of mortgage.
He is wondering if that has happened. Mr. Zielke responded he is working on it, as they have
had problems getting an assignment from the proper prior investor. They have an assignment on
the ahstract portion of the property. That will be completed. 3t is just a matter of another week
or two. Everything else is ready to go. When Ius office realized that his client was not going to
get it done, Mr. Zieike's office paid for it to get done.
Ms. Moermond recommends amending the resolution to remove or repair the property in 30
days. This should work to convince the client of the seriousness of this matter if Mr. Nelson or
Home Comings acquires the properry in the interim. Ms. Moermond will also be looking for a
woric plan so ttiey know the magni#ude of what they are takiiag on, and evidence of financial
wherewithal to complete the job. If a serious offer is made for this property, she will change her
recommendation. Mr. Zielke requested a copy of the code compliance inspection report.
ResoluYion ordering the owner to remove or repair the property at i005 Sherburne
Avenue. If the owner fails to comply with the resoiution, Neighborhood Housing and
Property Improvement is ordered to remove the building(s).
Steve Magner reported ihat 2his is a two story single family dwell'mg with a two stali garage. Th:
listed owsier is Donna Kunde, who they believe is deceased. The building was condemned in
March 199b by Public Health and has been vacant since Apri11996. There have been three
swnmary abatement notices as follows: 1) remove refuse and garage, 2) remove refuse cut tall
grasshveeds, and repair deteriorated garage, 3} reu�owe maitress and futiiiture from garage area.
On Apri19, 2004, an inspection of the building was conducted, and a iis# of deficiencies which
consfitute a nuisance condition was developed. An Order to Abate a Nuisance Building was
issued wiYh a compliance date of May 21, 2004. As of this date, the property remains in a
condi6on which comprises a nuisance as defined by the legisiative code. 3'he vacant building
registration fees aze due. A eitation was issued for failuxe to pay the vacant building fee. Real
estate taxes are unpaid in the amount of $699.10. T�ation has plac�d an estiniated market value
of $137,800 on the building and $39,800 on the land. A Code Compliance Inspection was done
on February 2, 1998. As of June i, 2004, the $2,0�0 boad had not been posted. The estimated
cost to repair is $65,d00; estimated cost to Demolish, $7,000 to $8,000. There has been a
foreclosure proceeding against the homeowner by L3.S. Bank National Association, which has a
mortgagee's lien on the property. This is a resolution to remove or repair the structure in 15
days.
OLt-Cp3�
LEGISLATNE HEARING MINUTES OF JUNE 22, 2004
Page 4
Ms. Moermond stated the code compliance inspection was done February 1998. She asked have
the conditions changed substantially. Mr. Magner responded it is hard to make that
determination. They went ihrough the property on June 26. Jim Seeger (License, Inspecfion,
Environmental Protection) will need to go through the property and detail items more.
The following appeazed: Martin Kunde, Donna Kunde's son; and Anna Burgett, Wilford and
Geske, PA, 765U C�irrell Boulevard, Suite 300, Woodbury, Minnesota
Mr. Kunde stated Donna Kunde is deceased as of J�e 11, 2003. Mr. Kunde is in possession of
the property, but it is not in his name yet The property is not as bad as Mr. Magner is saying.
The health department came in without authority and told Mr. Kunde to get an inspection. An
inspector came ovt and did the inspection. The inspection list is probabiy half of what they have
now. It needs a roof. Everything has been repaired on the inside.
Ms. Moermond aslced his pIans. Mr. Kunde responded to refmance the house in his own name
and bring it up #o code. His pazents lived there for 32 yeazs and both died there.
Ms. Burgett stated that she is representing Oakland. They are in the beginning of the foreclosure
process. They would like to be made aware of the most recent report. She would like to make
sure her client has the most up to date list.
Nir. Magner stated that 13HPI would like to see snmeone contact LIEP and pay for a new
inspection. These inspection reports aze generally good for a year. Another list needs to be done.
Once that is done, a$2,000 bond needs to be posted. There were a number of violations that
were never signed off by pemut. This has been a iong ongoing issue.
Ms. Moermond asked the time period for the Summary Abatement Orders. Mr. Magner
responded June 2003, October 2003, October 1999, Apri12000. Some have had work orders.
Ms. Moermond stated this has been a vacant building for a long time. This building is a
Category III, which is the warst kind. Because it is a registered vacant building, the owner will
have to post a$2,0�0 bond to pull pe�mits. She asked has he contacted an attorney. Mr. Kunde
responded yes. He has not initiaied papenvork yet. Mr. Kunde is the only child. The attomey
said it has to go through court.
Ms. Moermond stated this has been around a long time and not addressed. It has to go through
probate for a name change. The Cizy has had to issue orders ta maintain the exterior property.
The vacant buiiding fees have noi been paid. The reai estate taYes have not been paid. There is
a pending foreclosure. These signs indicate he does not know what he is getting into because the
property is no# being taken caze o£
Mr. Kunde said that "Harold" who runs the "Force Block Club" came into the house. Harold
told him not to fight about this. They were allowed to live in the house at the end of every year.
Mr. Kunde thought he had to occupy it to get out from under the vacant building ciassification.
LEGISLATIVE FiEARING MINUTES OF JiTNE 22, 2004
C�` � �33
Page 5
Ms. Moermond asked what led to the condemnation in 1996. Mr. Magner responded it was
condemned Mazch 13, 1996. He does not have the file with him, so he does not have the details.
On July 9, i996, the owner and her son came into the office to discuss what needs to be done. It
was indicated in 1995 that anyone occupying this struciure will receive a tag. The inspectors
have been out many times. Kunde said at one time that he was not occupying the dwelling and
was living in_ Wisconsin. Mr. Kunde responded that was lus mother.
Mr. Magner stated a citation was issued on July 23, 199b for iliegally occupying a vacant
buiiding; ttiey issued a citation on April i 1, 2000 far occupying a condemned building without a
Code Compli�ce Certificate. They issued tags for failing to register a vacant buiiding and pay
the fees. T`he vacant building ordinance specifically states that once a dwelling is condemned
and the condemnation is not li$ed, it becomes a registered vacani buiiding.
Mr. Kunde stated the house was red tagged before the vacant building registration. The people
there left the gas on. The Fire Department came out and red tagged the house for a fiimace. Mr.
Kunde got a new fiimace. The health department said he had daps to fv� iL The City says
sometfiing else. He does not know where to go. He thought he had to reoccupy i# to get out from
under a vacant building registration.
Ms. Moermond explained that he has to get a Code Compliance Inspection scheduled. He needs
to go through LIEP (License, Inspections, Environmental Protection) for that. The fee is $125
for a single family home. T4ie owner has ta get this properly probated. She would like to see
evidence ihat this is underway. The bank would reguire it to be in his name in order for him to
get financing. She reminded Mr. Kunde to make sure the lawn is mowed the gazbage is picked
up.
Ms. Moermond recommends laying this over to the July 13, 200�1, Legislative hearing and the
July 28 City Council Meeting. In the meantime, she would like to see evidence of financial
wherewiYhai to rehabilitate the property and a$2,000 bond posted.
� Resolntian ordering the owner to remove or repair the building(s) at 837 Fourth Street
East. If the owner fails to comply with Yhe resalation, Neighburhood Housing and Property
Impruvement is ordered to remov� tt�e �ruilding{s).
(Laid over from 6-8-04)
The following appeared: Bill Hammes, 10105 Tenth Street North, Lake Elmo; Dorothy Lyons,
10072 Tenth Sueet North, Lake Elmo.
Mr. Hammes stated that Bernie Biackwell is on jury duty.
(Mr. Aaimnes submitted photographs to �+Is. Moercnond.)
Marcia Moermond asked 3zas Tim Seeger (LIEP) been out to do ihe inspection Ms. Lyons
responded no. Mr. Hammes added that the heating, eleckical, and plumbing have been
inspected. Mr. Magner reported he spoke to Mr. Seeger this morning. 'i'he gas permit has been
LEGISLATNB HEARING MINLTTES OF JUNE 22, 2004
C�tl- Co`�3
Page 6
signed off and is in compliance. The heating is ready to be signed off, but it needs one fmal
inspection. The plumbing is signed off. They still need sign offs for the finished construcfion.
They need a new permit and a new bond. All work is to commence until a bond is posted and
permiis pulied.
In answer to questions, Ms. Lyons responded that Mr. Blackwell is in the process of buying the
property. He will not live there, and she does not know who will be living there once the
rehabilitation is done.
Mr. Magner stated that the pu�hase agreement looks ]ike joint buyership.
Ms. Lyons stated that 1tilr_ gYackweii knows the place l�as to be finished. Mr. Magner responded
that she cannot sell something she does not own, and Ms. Lyons dces not own the prnperty until
it is probated. They have received a faac that the probate has started, but the faY does noi say how
long the process will Take. 1vIs. Lyons responded that she has to get on the court calendar. She
had to take action because the C�ty was going to demolish it, and Yhey don't own it either. Ms.
Moermond responded that the CiTy would not be taking the property. Instead, it would be
demolishing a building. The property would remain in whoever's name it was in before.
Ms. Lyons said she had photographs showing the state the property is in right now.
Ms. Moermond sta#ed she wili take #his under advisement for the next 24 hours. She asked Ms.
Lyons to come to ihe City Council public hearing tomorrow (June 23). There will be a
recommendation at that time.
Ms. Lyons asked can she post a bond. The City cannot stop her from posting a bond, answered
Mr. Magner; however the City will not accept one from Mr. Blackwell..
Note: NIs. Moermond's recomrnendafion to #he City Councii was to post a$5,000 bond, a work
plan, and mon#hiy updates from their attorney. The Councii at their June 23 meeting laid this
issue over to their Iuly 7 City Council meeting. A letter was sent to the interested parties.
T'he hearing was adjourned at approximately 1130 a.m
�