05-698� --�� CouncilFile# D,S g
Green Sheet # 3�a���l �
RESOLUTION
PAUL, MINNESOTA
Ptesented
ResoLution Establishing a Stay in Irnplementation of Council File #OS-I6,
An Order to Remove o� Repair 1774 Norfolk Avenue
1 WIIEREAS, the Saint Paul City Council adopted Council Pile #OS-16 on June 1, 2005, an Order to Remove or
2 Repair the buildings at 1774 NorFolk Avenue within 45 days; and
3 WI�REAS, adoption of this resolution followed six months of consideration hoth in the legislative heazing
4 process and in Council deliberations, which was intended and designed to give the property owner, Colleen
5 (Lucky) Moore, su�cient time relocate her household pending the demolition, or sale and eventual
6 rehabilitation, of the properry; and
7 WI�REA5, on July 13, 2005, a hearing was conducted by Judge Margaret Marrinan of Ramsey County District
8 Court, regarding the estate of Ms. Moore, and this hearing resulted in the issuance of an Order Appointing
9 Emergency Conseroator of the Estate and Letters of Emergency Conservatorship of the estate relative to this
10 matter; and
I 1 WHEREAS, Lutheran Social Services of Minnesota was appointed as the consezvator and directed to find
12 transitional housing for Ms. Moore, pending the acquisition of a permanent residence; and
13 WHEItEAS, Lutheran Social Services of Minnesota is actively working to prepare 1774 Norfolk Avenue £or
14 appraisal, sale and rehabilitation and requests the grant of time from the City to accomplish this, in order that the
IS equity Ms. Moore has invested in the house not be lost and may be used to acquire a new permanent residence;
16 now, therefore be it
17 RESOLVED, that the City Council hereby grants a stay in the implementation of Council File #OS-16 for a
18 period of 90 days and refers the matter to the Legislative Aeazing Officer for a hearing on August 16,2005 to
19 development of a recommendation for the resolution of this issue.
Requested by Department of:
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Forni Approved by City Attomey
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Adopted by CouncIl: Date � t.��l/ a 7 , aODS
� Approved by Mayor for Submission to Council
Adoption Certified by Council Secretary
DS-�9�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
DepartmenHOfficefcouncii: I D� IL-05�.
co -���il Green Sheet NO: 3027518
Contact Person 8 Phone:
Marcia Mcermond
266$570
Must Be on Council Agenda by (Date):
27JUL-05
Total # of Signature Pages
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Assign
Number
For
Routing
Order
ueparunem aenc io rerson imnauuate
0 _ ouncil
1 ouncil . DeoartmentDirector
2 itv Clerk � Cih Clerk
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(Clip All Locations for Signature)
Resolution establishing a stay in implementation of Council File #05-16, An Order to Remove or Repair 1774 Norfollc Avenue.
or
Contrects
Questions:
Planning Commission 1. Has this person/firm 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 separete sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantapes If Approved:
Disadvantapes If Approved:
Disadvantapes If Not Approved:
ToWI Amount of
Trensaction:
Fundinp Soarce:
Financial I nformation:
(Explain)
Cost/Revenue 8udgeted:
Activity Number:
Qs��o�/�
Thomas M.Sweeney
George F. Borer
Patrick J• Sweeney
Robin D. Tomney
a� r. M��b
Sweeney, Borer & Sweeney
Professional Association
Attomeys at Law
Blacktern Professional Building
3250 Rice Street
St. Paul, MN 55126
Telephone
(651) ?.2�2541
Facsimile
(651) 223-5289
July 15, 2005
VIA FACSIMII,E & U.S. MAIL
Ms. Mazcia Moermond
City of St. Paul
Office of the City Council
St. Paul City Hall, Third Floor
15 West Kellogg Boulevard
St. Faul, NfN >j 102
Re: Conservatorship of Lucky Moore
Court File No. PR-OS-596
Our File No. 10873
Deaz Ms. Moermond:
As you aze aware, our firm represents Lutheran Social Service of Minnesota. Lutheran
Social Service have been appointed as Emergency Conservator of the Estate of Lucky Moore.
Attached please find a copy of the Order Appointing Emergency Conservator of the Estate and
Letters of Emergency Conservatarship of the Estate relative to this matter.
It is my understanding from our discussions that the City will grant an extension of the
July 15, 2005, deadline set forth in City Resolution No. 0516, requiring that Ms. Moore provide
a Purchase Agreement for sale of her property at 1774 Norfolk, St. Paul, Minnesota, to the City
Council. By granting an extension the City will not proceed with demolishing Ms. Moore's
home.
I look forward to speaking with you regarding a timeline for which the City wish to see
action taicen on Ms. Moore's home. Thank you for your kind attention to and assistance with
this matter.
V ery truly yours,
, BORER & SWEENEY
Council Reseaa'Ch Certter
JUL 1 � 2005
Robin
RDT:jnm
Enclosures
cc: Ruth Hauff
d5-�9�
FtLED
StaEe ofMinnesota
Connty of Ramsey
JUL 1 4 2005
CO A i�t$TRATOR
aY � , �P�Y
District Court
Probate Division
In Re: Emetrgency Conservatorship of
Lncky Moore
Jndicial Districh Second
Court File No. � €JS = -� lv
Case Type: 14, Guardianship
Order Appointing Emergency
Conservator of the Estate
This matter came on for hearing before the Disirict Court on July 13, 2005, on a
petirion seeking an agpoinu`nent of an Emergency Conservator of the Estate fot the
Respondent named above. The Petitioner appeated by and through Peritioner's attomey,
Robin D, Tomney. The Respondent appeazed by and YBrough her attorney, Don Lattunore.
The Respondent was present. The matter, having been considered by the Court, and the Court
being duly advised in the prenuses now makes the following:
FINDINGS OF FACT
l. A petition for appoinhnent of a conservator for the Respondent has been filed with this
Court.
2. CompHance v✓ith the pmcedures for appointment of a conservator will likely resuit in
substantial hann to the Respondent's health, safety, or welfaze, and no other person
appears to have the authority and the wilIingness to act on Respondent's behalf.
3. The RespandenYs ne�ls for health, safety, or welfaze aze at risk because the
Respondent is ittunediate aeed of assistance with managing her finances and is in
danger of having her home demolished. Her home at 1774 Norfolk, St. Paul, MN has
be�n the subject of years of Coda violations and is presently condemned. i'ursuant to
a City Resolution, Ms. Moore must present the City with a purchase agreement for
sale of the property by July 15, 2005. To date she has not presented a plan to the G�ty.
Ms. Moore has been residing in a storage pod located on the property. Tlus is in
violation City ordinances.
4. No alternative Iess restrictive of civil rights and liberties exists, including the use of
appropriate technological assistance.
5. The Caurt finds thal the Emergency Conservator is the most suitable and best quatified
among those available and willing to dischazge the trust and is not excluded from
appointment pursuant to M.S. § 524.5309(e) or such F,mergency ConservaYor has
been approved by prior Order of a court pursuant to M.S. § 524.5-302(d).
Page 1 of 3
05 -�s8
CONCLUSIONS OF LAW
1. The Respondent will likely suffer from substantial harm if an emergency conservator
is not appointed.
i•� +
NOW, THEREFORE, TT IS ORDERED:
l. That Lutheran Social Service of Minnesota is hereby appointed Emergency
Conservator of the Estate of Lucky Moore.
2. That Leiters of Emergency Conservatorship of the Estate shall issue to Lutheran
Social Service of Minnesota, upon the filing of an acceptance of appoinhnent; and
such Letters shall reflect the elcpirarion date far said appointment.
3. Appoinhnent of powers and duties:
The Emereencv Conservator of the Estate shall have the nower and dntv to:
Exercise all of the rights and powers under M.S. § 524.5-417 subd. (c)
puagraphs 1, 2, 3, 4, 5 and 6. A limited conservatorship is not appropriate
because the Respondent is unable to exercise all the rights and duties set forth
below:
Pay reasonable charges for the support, maintenance, and education of the
Protected Person in a manner suitable ko the Pmtected Person's station in life
and the value of the Protected Person's estate, M.S. § 524.5-417 (c)(I);
Pay out of the Protected Person's estate atl lawful debts of the Protected
r�on, n�.s. § s2a.s-ai� ����2�;
Possess and manage the estate of the Protected Person, coilect a11 debts and
claims in favor of the Protected Person, or with the appmval ofthe court
compromise them, institute suit on behalf of the Protected Person and regresent
the Protected Person in court proceeciings, and invest putsuant to M.S. §
48A.01 and SO1B.151 afl funds not currently needed for debts, charges, and
management of the estate, M.S. § 524.5-417 (c)(3);
Exchange or sell an undivided interest in real property, M.S. § 524.5-417
(c)(4);
Approve or withhold approval of any contract, except for necessiries, which
the Protected Person may make or wish to make, M.S. § 524.5-417 {0)(5);
Page 2 of 3
os -� y�
Agply on behalf of the Protected Person for any assistance, services, or
benefits availahle to the Protected Petsan through any unit of govemment,
Ms. § s2as-�i� (�)t�; �a
and to elcercise all other powers, duries and respons�iiities conferred on the
Conservatnr under applicable law.
4. That the Emergency Coaservator shall remove the storage pod located at 1774
Norfollc, St Paul, MN by Monday, 7uly 18, 2��5. 'I'i�e Emergency Conservator wiIl
padfock the storage pod by Wednesday, 7uly 13, 2005. The Protected Person shall
have access to the storage pod through the Emergency Conservator.
5. That the Protected Person will cooperate with the Emergency Conservator in efforts to
locate temporary housing for the Protected Person.
6. That Don Lattimore shall remain as attomey of record until fiuther Order of the Court.
7. The appointment under flvs Order shal] terminate sixty (60) days after the date of this
Order, to wit, September 13, 20Q5.
BY THE COURT:
� �-�yos
Honorabl Mazgaret M. Marrinan
Judge of ie District Court Date
STE�TE 6P \�?2� RAMSEY COUNTY
Certitizd ta be a trae and correct copy of the
originat docnment(s) consisting of�pages
on file and of record in my office.
Dazed �t�i t d �D05
couxT ��m�isTx.aTOx
B ���L� l�lt r� �-,��.
Deputy
Page 3 of 3
a5-lo9�
G-M Forms � 4G
State of Minnesota
Connty of Ramsey
In Re: Conservatorship of
Lncky Moore
2vLS. § 524.5-110
FILED
JUL 1 4 2005
�� S�RATOR
By
DePu1Y
Distr'sct Conrt
Probate D'svision
Judicial District: Second
Com File No.
Case Type: 14, Conservatorship
Letters of Emergency
Conservatorship of the Estate
{Letters Terminate on
September 13, 2005)
Emeraencv Conservafor of the Estate:
Lutheran Social Service of Minnesota is qualined and is hereby authorized to act as
Emergency Conservator of the Fstate of Lucky Moore after being appointed as emergency
conservator by the Court with all of the powers and authority prescribed by statute as shown
on the order appointing emergency conservator the terms of which order aze incorporated
herein by xeference including the powers under M.S. § 524.5-317 subd. (c), as follows:
all powers therein,
The powers and duties nnder these Letters af Emergency Conservatorship espire and
terminate on September 13, 2005.
Dated:_ 7- i y� , 2005
PRESEAiT ADDRESS AND
TELEPHONE NLJMBER OF
PROTECTED PERSON
1774 Norfolk
St. Paul, MN 55116
Lette�_of Guazdianship_ G
f
Honor bie Mazgazet M. Marrinan
Judge of Disirict Court
PRESENT ADDRESS AND
TELEPHONE NCJMBER OF
EMERGENCY CONSERVATOR
Lutheran Sociat Service ofMinnesota
590 Pazk Streek, 5uite 310
St. Paul, MN 55103
Phone Number: 651-3I0-9400
S1'ATE OF MIlVI�TESOTA R.SMSEY COIJNTY
Cerfified co be a true and correct copy of the
original on file and of record isi my office. I
further certify U'�e 3;etters aze in full force and
effect.
T3ated .�`��� � �' �vj
COU TA:iNiii�iST�ATOR
By � ���
Deputy
Appmvedby Conference of Chief Sudges:
Revised:7{03 �
/�����D �-/ D.�"
RESOLUTION
CITY
Presented By
Referred To
MINNESOTA
Q�j-1v�S
Green Sheet n 3024532
Committee: Date
1 WFFIEREAS, 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 one and one-half story, wood frame, single family dweliing located on property hereinafter
4 referred to as the "Subject Property" and commonly known as 1774 Norfolk Avenue. This property is
5 legally described as follows, to wit:
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7 I.ot 5, Block 2, Whitney's re-arrangement of Bellevue Addition.
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9 VJFIEREAS, based upon the records in the Ramsey County Recorder's Office and information
10 obtained by Neighborhood Housing & Property Improvement on or before September 3, 2004, the
11 foilowing are the now known interested or responsible parties for the Subject Property: Colleen V.
12 Moore and Anita Moore, 1774 Norfolk Ave, St. Paul, MN 55116
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Wf�REAS, Neighborhood Housing & Property Improvement has served in accordance with the
provisions of Chapter 45 of the Saint Paul I.egislafive Code an arder identified as an"Order to Abate
Nuisance Building(s)" dated October 12, 2004; and
WI this order informed the then known interested ar responsible parties that the
structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and
WI�REAS, trus order informed the interested or responsible parties that they must repair or
demolish the structure located on the Subject Property by November 12, 2004; and
WHEREAS, the enforcement officer has posted a placard on the Subject Property declaring this
building(s) to constitute a nuisance condition; subject to demolition; and
WHEREAS, 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
WI�REAS, the interested and responsible parties have been served notice in accordance with
the provisions of Chapter 45 of the Saint Paul I.egislative Code, of the time, date, place and purpose of
the public hearings; and
WHEREAS, a hearing was held before the �.egislative Hearing Officer of the Saint Paul City
Council on Tuesday, December 28, 2004 to hear testimony and evidence, and after receiving tesrimony
and evidence, made the recommendation to approve the request to order the. interested or responsible
parties to make the Subject Property safe and not detrimental to the public peace, health, safety and
welfare and remove its blighfing influence on the community by rehabilitating trus structure 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 of
the structure to be com leted within f?�°°� "G` a
P --�-«uays after the date of the Council Heazing; and
t
a a_nnn_aFn F,,,.a,.�,a.
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1 WF3EREAS, a hearing was held before the Saint Paul City Council on Wednesday, 7anuary 5,
2 2005 and the testimony and evidence including the action taken by the Le�slative Hearing Officer was
3 considered by the Council; now therefore
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5 BE TT RESOLVF,D, that based upon the testimony and evidence presented at the above
6 referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order
7 concerning the Subject Property at 1774 Norfolk Avenue:
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The Saint Paul City Council hereby makes the following order:
The above referenced interested or responsible parties shall make the Subject Property safe and
not detrimental to the public peace, heaith, safety and welfare and remove its bfighting influence
on the community by rehabilitafing this structure and correcting all deficiencies as prescribed in
the above referenced Order to Abate Nuisance Building(s) in accardance 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 fi'�� days after the date of the Council
Hearing. l�,S
That the Subject Property comprises a nuisance condifion as defined in Saint Paul
I.eb slarive Code, Chapter 45.
That the costs of demolition and removal of this building(s) is esfimated 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 conect the deflciencies or to demolish and remove the building(s).
That the deficiencies causing this nuisance condition have not been conected.
That Neighborhood Housing & 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 Neighborhood Housing & Property
Improvement, Vacant/Nuisance Buildings.
That the known interested parties and owners are as previously stated in this resolution
and that the notificarion requirements of Chapter 45 have been fulfilled.
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2. If the above corrective action is not completed within this period of time Neighborhood Housing
& 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 Froperty
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 time period. If all
personal property 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.
4. It is fiu�ther ordered, that a copy of this resolution be mailed to the owners and interested parties
in accordance with Chapter 45 of the Saint Paul L.egislative Code.
Requested by Department of:
Benanav �
Montcromerv �
Bostrom �
Thune �
Harris ✓
Lantrv ✓
Navs
Absent Neiqhborhood Housina Propertv Improvement
BY: E�����IU /
� O \
Adopted by Council: Date ��u�P \ E '1�0�
Adoption Certified by Council Secretary
By:
Mayor: Date �f � (p ^
BY:
Eorm Approved by C�it�y Attorney
By:
Mayor for
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