09-149CITY
Presented by
Council File # �� /y�9
AMENDED 5/6/09 Green Sheet # 3062840
RESOLUTION �
SAINT,PAUL, MINNESOTA
1 WHEREAS, Department of Safety and Inspections has requested the City Council to
2 hold public hearings to consider the advisability and necessity of ordering the repair or wrecking
3 and removal of a two story, wood frame duplex located on property hereinafter refened to as the
4 "Subject Property" and commonly known as 938 DESOTO STREET. This property is legally
5 described as follows, to wit:
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7 EDMCIND RICE'S FIRST ADDITION TO ST. PAUL LOT 17 BLK 9
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WHEREAS, based upon the records in the Ramsey County Recorder's Office and
information obtained by Deparhnent of Safety and Inspections on or before August 4, 2008, the
following are the now known interested or responsible parties for the Subject Property: Timothy
Mark Ophoven, 1220 Timbershore Ln, St. Paul, MN 55123; Usset, Weingarden & Liebo, 4500
Park Glen Rd, #300; Minneapolis, MN 55416; LaSalle Bank, Chase Home Finance, 10790
Rancho Bernardo Rd, San Diego, CA 92127; Beisel & Dunlevy, PA, 282 US Trust Building,
730 2 Ave S, Minneapolis, MN 55402; Disfrict 5 Planning Council.
WHEREAS, Department of Safety and Inspections 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 September 30, 2008; and
WHEREAS, this order informed the then known interested or responsible parties that the
sh located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and
WHEREAS, this order informed the interested or responsible parties that they must repair
or demolish the structure located on the Subject Property by October 30, 2008; 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 cozrected and Department of Safety
and Inspections requested that the City Clerk schedule public hearings before the Legislative
Hearing Officer of the City Council and the Saint Paul City Council; and
WHEREAS, the interested and responsible parties have been served notice in accordance
with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and
purpose of the public hearings; and
WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul
City Council on Tuesday, January 13, 2009 to hear testimony and evidence, and after receiving
testimony and evidence, made the recommendation to approve the request to arder the interested
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or responsible parties to make the Subject Property safe and not detrimental to the public peace,
health, safety and welfare and remove its blighting influence on the community by rehabilitating
this 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 completed within fifteen (15) days after
the date of the Council Hearing; and
WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday,
February 4, 2009 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 concerning the Subject Property at 938 DESOTO STREET.
That the Subject Property comprises a nuisance condition as defined in Saint Paul
Legislative Code, Chapter 45.
2. That the costs of demolition and removal of this building(s) is estimated to exceed
five thousand dollars ($5,000.00).
3. That there now exists and has existed multiple Housing or Building code
violations at the Subject Property.
4. That an Order to Abate Nuisance Building(s) was sent to the then lrnown
responsible parties to correct the deficiencies or to demolish and remove the
building(s).
5. That the deficiencies causing this nuisance condition have not been corrected.
6. That Department of Safety and Inspections has posted a placard on the Subject
Property which declares it to be a nuisance condition subject to demolition.
7. That this building has been routinely monitored by Deparhnent of Safety and
Inspections, Vacant/Nuisance Buildings.
8. 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 Property
safe and not dehimental to the public peace, health, safety and welfare and remove its
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blighting influence on the community by rehabilitating this structure and correcting all
deficiencies as prescnibed 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 shucture in accordance with a11 applicable codes and ordinances. The
rehabilitation or demolition and removal of the structure must be completed within
r`�� `� fortv-five (451 days after the date of the Council Hearing.
2. If the above corrective action is not completed within this period of time Department of
Safety and Inspections 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 demolition 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.
105 4. It is fixrther ordered, that a copy of this resolution be mailed to the owners and interested
106 parties in accordance with Chapter 45 of the Saint Paul Legislative Code.
Requested by Department of
Safety and Inspecrions
Code En£oxcement / Vacant Buildings
By:
Adopted by Council: Date i ' �
Adoption Certified by C uncil Secre ary
By: �
Approv d by a or. at �� Z V
By:
Form Approved by City Attomey
BY=
Form Approved by Mayor for Submission to Council
By:
� Green Sheet Green Sheet
Green Sheet Green Sheet Green Sheet Green Sheet
n�r,l�q
�
DepartmentlOffice/Council: Date Initiated:
SI —Dept.ofSafety8lnspedions 06-NOV-08 Green Sheet NO: 3062840
Contact Person & Phone: Deoartment Sent To Person Initial/Date
BobKessler o e tofSsie &ins ecflons �
266-9013 1 e[. of Saferi & Ins ections Denartment Director
Assi n �—�
Must Be on Council Agenda by (Date): Number 2 � Attomev
64-FEB-09 For 3 a or'sOffim MavodAssistani
Routing 4 ouncil �
Doa Type: RESOLUTION Order 5 i C1erk Ci Clerk
E-Oocument Required: Y
Document Contact:
Contact Phone:
ToWi # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
City Council to pass this resolution which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to
comply with the resolution, the Department of Safety and Inspections is ordered to remove the building. The subject properiy is
located at 938 DESOTO ST .
Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this person�rm ever worked under a contract for this department?
CIB Committee Yes No .
Civil Service Commission . 2. Has this personffirm 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, lssues, Opportunity (Who, Whal, 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 Saint Paul
Legislative Code. The owners, interested paities and responsible parties known to the Enforcement Officer were given an order to
repair or remove the building at 938 DESOTO ST by Octobec 30, 2008, and have failed to comply with those orders.
Advantages If Approved:
The City will eliminate 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 specia]
assessment against the property taxes.
A nuisance wndition will remain unabated in the City. This building(s) will continue to blight the community.
DisadvanWges If Not Approved:
A nuisance condition will remain unabated in the City. This building(s) will continue to blight the community.
Total Amount of �
Transaction: CosURevenue Budgeted:
Fund��y source: Nuisance Housing Abatement qctiviry Number. 001-00257 _
p
Financial Information:
(Explain)
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November 6, 2008 1029 AM
Page 1
�
SUMMARY FOR PUSLIC HEARING
938 Desoto Street
Legislative Hearing — Tuesday, January 13, 2009
City Council — Wednesday, February 4, 2009
GS 3062840
oy-1 ��
The building is a two story, wood frame, single-family dwelling on a lot of 6,534 squaze feet.
According to our files, it has been a vacant building since November 13, 2007.
The current property owner is Timothy Mazk Ophoven, per AMANDA and Ramsey county
property records.
The city has had to board this building to secure it from trespass.
There have been three (3) SUMMARY ABATEMENT NOTICES since 2007.
There have been five (5) WORK ORDERS issued for:
- Removal of improperly stored refuse
- Boazding
- Removal of snow and ice
- Removal of tall grass and weeds
On August 23, 2008, an inspection of the building was conducted, a list of deficiencies which
constitute a nuisance condition was developed and photographs were taken. An ORDER TO
ABATE A NUISANCE BUILDING was posted on September 30, 2008 with a compliance date
of October 30, 2008. As of this date this property remains in a condition which comprises a
nuisance as defined by the legislative code.
The Vacant Building registration fees are paid. (By assessment 12/19/08, good thru 11/13/09)
Taxation has placed an estimated market value of $40,000 on the land and $145,000 on the
building.
As of January 12, 2009, a Code Compliance inspection has not been completed.
As of January 12, 2009, the $5,000.00 performance bond has not been posted.
Real Estate taaces for the year 2008 are delinquent in the amount of $3,7Q6.�Q plus penalty and
interest.
Code Enforcement Officers estimate the cost to repair this structure is $50,000 to $60,000. The
estimated cost to Demolish is $6,506 to $9,506.
DSI, Division of Code Enforcement Resolution submitted for consideration orders the property
owner to repaar or remove this shucture within fifteen (15) days, if not the resolution authorizes
the Division of Code Enforcement to demolish and assess the costs to the property.
DEPARTMENI' OF SAFETI' AND INSPEC'CSONS
Richard Lippert, Mar�ager ofCode EnforcCment �
C,`IT'Y OF SAII�IT PALTL Saint PauI,nMN 5510IU1�806 �
Ch�istopher B. Colemar„ Mayor
�
NOVembCt �T, ZOOS
NO'TICE OF PUBLIC HEARINGS
Council President and
Members of the City Council
Teiephone: 65l-166-l900
Facsrmile: 63 7-266 7 9 7 9
Web: www s2au1 Qov/dsi
Deparhnent of Sa£ety and Inspections, VacanUNuisance 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:
938 DESOTO ST
The City Councii has scheduled the daYe of these hearings as follaws:
Legislative Hearing — Tuesday, January 13, 2009
City Council Hearing— Wednesday, February 4, 2009
The owners and responsible parties of record are:
Nazne and Last Known Address
Timothy Mark Ophoven
1220 Timbershore Ln
St. Paul, MN 55123
Usset, Weingazden & Liebo,
4500 Park Glen Rd, #30�
Minneapolis, MN 55416
L,aSalle Bank, NA
Chase Home Finance
10790 Rancho Bemardo Rd
San Diego, CA 92127
Beisel & Dunlevy, PA
282 US Trust Building
730 2" Ave S
Minneapolis, MN 55402
Interest
Fee Owner
Foreclosure Attomeys
Mortgage Company
Interested Party
District 5 Planning CauncIl
d5-director@visi. com
District Council Contact
An Affumative Action £qual Oppor[unity Employer
938 DBSOT4 ST
November 7, 2008
page 2
The legal description af this property is:
EDIYIUIVD RICE'S FII2ST AD➢TTION TO ST. PAUL LOT 17 BLK 9
a q- � �F�
With the following Historio Preservation information:
➢istrict: _ Building Name: house Inventory #: R.A-SPG1059
The Department of Safety and Inspections has declazed t}us building(s) to consfitute a°nuisance"
as defined by Legislarive Code, Chapter 45. The Department of Safety and Inspections has
issued an order to the then Imown responsible parties to eluninate this nuisance condirion by
correcting the deficiencies or by razing and removing this building{s).
The property was re-inspected on October 31, 2008. There was no compliance and the nuisance
condition remains unabated, the community continues to suffer the blighting influence of this
property. It is the recommendation af the Department of Safety and Inspec6ons that the City
Council pass a resolution ordering the responsible parties to either repair, or demolish and
zemove this building in a timely manner, and faiiing that, authorize the Department of Safety and
Inspections to proceed to demolition and removal, and to assess the costs incurred against the
real estate as a special assessment to be coliected in the same manner as tarces.
Sincerely,
.S't$VB �llg7Z8Y
Steve Magier
Vacant Suildings Manager
Department of Safety and Inspections
SM:nm
cc: Chad Staul, City Attomeys Office
Mary Erickson, Assistant Secretary to fhe Council
Cindy Cazlson, PED-Housing Division
Nancy Homans, Invest St. Paul
District Council — Community Organizer
p�bhmg60783 9108
' Tax & Property Look Up Information - Structure Description
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oy-i ��
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> Structure Description
Property Identification
Number (PIN)
Property Address
29.29.22.31.0067
940 Desoto St
St. Paul 55130-4015
Residential Property:
Year Built 1892
# of Stories 2.00
Style Two Story
Exterior Wall AluminumJvinyl
Total Rooms 10
Total Family Rooms 0
Total Bedrooms 6
Full Baths 2
Half Baths 0
Attic Type Unfinished
Finished SQ Feet 1772
Foundation Size 880
Basement Area Finished
Finished Rec Area
Garage Type
Area (sq.ft.)
Year Built 1900
# of Stories 1.00
Style Bungalow
Exterior Wall Aluminum/vinyl
Total Rooms 4
Total Family Rooms 0
Tota1 Bedrooms 1
Full Baths 1
http:1lrrinfo.co.ramsey.mn.uslpublicicharacteristic/Parcel.aspx?scrn=Dwelling&pin=292922... 1/9/2009
DEPARTMENT OF SAFETY AND INSPECTIONS
DickLippert, Manager of Code Enforcement
CITY OF S1�IT PAUL
Christopher B. Coleman, Mayor
Nuisance Building Enforcement
U9-/��
1600 YPhite Bear Ave N
Saint Paul, MN i5106
WWW.StpQd[I.
September 30, 2008
Timothy Mark Ophoven
1220 Timbershore Ln
St Paul MN 55123-1019
Lasalle Bank, NA
10790 Rancho Bemardo Rd
San Diego, CA 92127
Usset & Weingarden & Liebo, PLLP
4500 Park Glen Road, #300
St. Louis Park, MN 55416
Beisel & Dunlevy, PA
282 US Trust Building
73Q 2 Ave S
Minneapolis, MN 55402
Order to Abate Nuisance Building(s)
Dear : Sir or Madam
Tel: (651) 266-1900
Far: (651) 266-1926
The VacantlNuisance Buildings Unit, Department of the Department of Safety and
Inspections, Division of Code Enforcement, hereby declares the premises located at:
938 DESOTO ST
With the following Historic Preserva6on information:
District: _ Building Name: house Inventory #: RA-SPC-1059
and legally described as follows, to wit:
EDMUND RICE'S FIRST ADDITION TO ST. PAUL LOT 17 BLK 9
to comprise a nuisance condition in violation of the Saint Paul Legislative Code, Chapter
45.02, and subject to demolition under authority of Chapter 45.11.
On August 23, 2008, a Building Deficiency Inspection Report was compiled and the following
conditions were observed.
This list of deficiencies is not necessarily all the deficiencies present at this time.
As first remedial action, a Code Compliance Inspection must be obtained from
the Building Inspection and Design Section, 8 Fourth Street East, Suite 200,
Commerce Building (651)266-9090. That inspection will identify specific defects,
necessary repairs and legal requirements ta correct this nuisance condition. You
may also be required to post a�ve thousand dollar ($5,000.00) performance
bond with the Building Inspecfian and Design Office before any permits are
issued, except for a demolition permit.
AA-ADA-EEO Employer
September 30, 2008
938 DESOTO ST
page 2
G�1�/��
This building(s) is subject to the restricrions of Saint Pau1 Ordinance Chapter 33.03
and shall not again be used for occupancy until such time as a Certificate of
Compliance or a Certificate of Occupancy has been issued.
This is a two story, wood frame duplex.
Exterior
1. The foundation is deteriorated, defective or in a state of disrepair. Repair all
foundation defects in a professional manner to a weather-tight, water-tight and
rodent-proof condition. Permit may be required.
2. The eaves and soffits aze in a state of disrepair or deterioration. Repair all
defects, holes, breaks, loose or rotting boards, to a professional state of
maintenance. Permit may be required.
3. The window and/or door screens are massing, defective or in a state of
disrepair. Provide proper window and door screens for all openable windows
and doors. Screens must be tight-fitting and securely fastened to the frames.
4. The windows andlor storm windows are in a state of disrepair. Replace all
missing or broken window glass. Make all necessary repairs to frames,
sashes, hardware and associated trim in a professional manner. Permit may be
required.
5. The exteriar walls and/or trim of the house and/or garage has defective,
peeled, flaked, scaled or chalking paint or has unpainted wood surfaces.
Scrape and repaint to effect a sound condition in a professional manner.
6. The exterior walls of the house and/or garage are defective. Repair all holes,
breaks, loose or rotting siding, to a professional state of maintenance.
7. The roof is deteriorated, defective, or in a state of disrepair. Repair or replace
the roof covering to a sound, tight and water impervious conditfon. Permit
may be required.
8. The chimney is defecrive, deteriorated or in a state of disrepair. Replace all
missing or defective bricks, tuckpoint as needed to restore the chimney to a
professional state of maintenance and repair. Permit may be required.
Interior
9. There is unsanitary conditions throughout interior. Clean out all refuse, dirt,
rubbish, clothes, boxes, etc. Sanitize surfaces.
10. FURNACE: Have a licensed heating contractor service and clean the furnace
or boiler and make any necessary repairs. Perform a C/O test on the heating
plant. Then, send the attached form back to the Inspector. Repair of gas fired
appliances requires a permit.
September 30, 2008
938 DESOTO ST
page 3
D9-/ �9
11. Xcel Energy has reported that electric and/or gas service has been terminated.
As owner, agent or responsible party, you aze hereby notified that if these deficiencies and the
resulting nuisance condition is not corrected by October 30, 2008 the Department of Safety and
Inspections, Division of Code Enforcement, will begn a substantial abatement process to
demolish and remove the building(s). The costs of this action, including administrative costs
and demolition costs will be assessed against the property taxes as a special assessment in
accordance with law.
As first remedial acrion, a Code Compliance Inspection Report must be obtained from the
Building Inspection and Design Section, 8 Fourth Street, Suite #200, Commerce Building,
(651)266-9090. This inspection will identify specific defects, necessazy repairs and legal
requirements to correct this nuisance condition.
As an owner or responsible party, you are required by law to provide full and complete
disclosure of this "Order to Abate" to all interested parties, all present or subsequent renters and
any subsequent owners. If you sell, transfer, or convey in any manner, the ownership or
responsibility for this property, you must within seven (7) days, notify the Enforcement Officer
with the names and addresses of any new owners or responsible parties.
The Enforcement Officer is required by law to post a placard on this property which declares it
to be a"nuisance condition", subject to demolition and removal by the City. This placard shall
not be removed without the written authority of the Deparhnent of Safety and Inspections,
Division of Code Enforcement. The department is further required to file a copy of this "Order
to Abate" with the City Clerk's Office.
If corrective action is not taken within the time specified in this order, the Enforcement Officer
will notify the City Council that abatement action is necessary. The City Clerk will then
schedule dates for Public Hearings before the City Council at which time testimony will be
heard from interested parties. After this hearing the City Council will adopt a resolution stating
what action if any, it deems appropriate.
If the resolution calls for abatement action the Council may either order the City to take the
abatement action or fix a time within which this nuisance must be abated in accordance with the
provisions of Chapter 33 of the Saint Paul Legislative Code and provide that if corrective action
is not taken within the specified time, the City shall abate this nuisance. The costs of this
action, including administrative costs will be assessed against the property as a special
assessment in accordance with law.
September30,2008
938 DESOTO ST
page 4
oy-���
If you have any questions or request additional information please contact Joe Yannarelly
between the hours of 8:00 and 9:30 am. at 651-266-1420, or you may leave a voice mail
message.
Sincerely,
Steve Magner
Vacant Buildings Program Manager
Division of Code Enfarcement
cc: Mary Erickson - Council Research
Cindy Carlson - PED Housing
Amy Spong — Heritage Preservation
ota60135 12/07
(�0/3612008}Steve Magner 20081030080133945 pdf � ���� ` ` "" _. . _ . �- ° � page 4�
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BID TABLZATION FOR Q-27388-5
DE�IO OP 938 DESOTO ST
DSI
BUYER: DQARK EVA'JGELIST �1��
BID OPbNI1VG DATE] OCTOBER 28, 2008
Bubezl Recycling
Robert Buberl
65i-439-8399 � 10,843.00
Ray Anderson
Richazd Ozthmeyer
651-774-Z550 $ 9,700.00
Buelow
7ohn Buelow
651-436-5326 $ 6,006.00 •
Crga�ve Serv
Richai� osmap..--°
651.;43 - 16 $ 9,640.00
DMD Serv
Ketry Barna
651-982-6922 $ 8,619.64
Frnttalone Co
Nick Fzattalone
651-484-0448 $ 19,668.00
Rayco Excav
Rory Mattex
612-619-1487 $ 8,290.00
Semple Excavating
Julie Semple
651-772-IA49 $ 8,891.00
. g�ct� �, ,,.r�__
Todd� S�ch �-...._,
952 2Z6-b3U0 $ 9,875.00
Wruck cavating
Tony Wml,..�-' " -.._ -- -
763.Y2fi�871 ' 74,200.00
KA Kamish
no bid
tab/]0/29/OS/ME/bm
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69-1�f�
STATE OF MINNESOTA
AFFIDAVIT OF SERVICE
COUNTY OF HENNEPIN
METRO LEGAL SERVICES
Brett Atwood, being duly sworn, on oath says: that on the 8 day of November, 2008,
at 9:10 PM {s)he served the attached Notice of Public Hearings upon Timothy Mark
Ophoven, therein named, personaily at 1220 Timbershore Lane, Eagan, County of
Dakota, State of Minnesota, by handing to and ieaving with Timothy Mark Ophoven, a
true and correct copy thereof.
Subscribed and sworn to before me
Dece�mbeC 15, 2008. �
, � �,r i' '
. �: � � / ,/j rG.-L, � i. /i,
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Not`�ry Pubfic
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AtlCtiAELANT01i'f BERNAHO
NOTARY PUBUC-AMlNIE80TA
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Re 938 Desoto Street
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Date: August 23, 2008 HP District: 6 q�/ /�
File #: 07 - 197650 Property Name: house � �� �
Folder Name: 938 DESOTO ST Survey Tnfo: RA-SPC-1059
PIN: 292922310067
Date: August 23, 2008
File #: 07 - 197650
Folder Name: 938 DESOTO ST
HP District:
Property Name:
Survey Info:
house b9-/�
RA-SPG1059
PIN: 292922310067
Date: August Z3, 20U8
File #: 07 - 197650
Folder Name: 938 DESOTO ST
PIN: 292922310067
HP District: D R � f j (�
Property Name: house � � `� �
Survey Info: RA-SPC-1059
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Date:
File #:
Folder Name:
PIN:
August 23, 2008
0� - 197650
938 DESOTO ST
292922310067
HP District:
Property Name: house
Survey Info: RA-SPC-1059
b9�1�9
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Date: August 23, 2008 HP District: Q 9' `i /�
File #: 07 - 197650 Property Name: house ��7`��
Folder Name: 938 DESOTO ST Survey Info: RA-SPC-1059
PIN: 292922310067
Date: August 23, 2008 HP District: ��//��
File #: 07 - 197650 Property Name: house
Folder Name: 938 DESOTO ST Survey Info: RA-SPC-1059
PIN: 292922310067
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Date: August 23, 2008 I�P District: ��� �
File #: 07 - 197650 Property Name: house / �
Folder Name: 938 DESOTO ST Survey Info: RA-SPC-1059
PIN: 292422310067
Date: August23,2008 HP District: h ��/�L�
File #: 07 - 197650 Property Name: house �� `7
Folder Name: 938 DESOTO ST Survey Info: RA-SPC-1059
PIN: 292922310067
Date: August 23, 2008 HI' District: OGI�//��
File #: 07 - 197650 Property Name: house �
Folder Name: 938 DESOTO ST SUrvey Info: RA-5PC-1059
PIN: 292922310067
HP District:
Property Name:
Survey Info:
o9-l�q
house
RA-SPG1059
Date: August 23, 2008
File #: 07 - 197650
Folder Name: 938 DESOTO ST
PIN: 292922310067
HP District:
Property Name:
Survey Iufo:
�9����1
house
RA-SPG1059
Date: August 23, 2008
File #: 07 -197650
Folder Name: 938 DESOTO ST
PIN: 29292231006�
Date: August 23, 2008 HP District: O 9—I l.�y
File #: 07 - 197650 Property Name: house
Folder Name: 938 DESOTO ST Survey Info: RA-SPC-1059
PIN: 292922310067
HP District: by����
Property Name: house
Survey Info: RA-SPG1059
Date: August 23, 2008
File #: 07 -197650
Folder Name: 938 DESOTO ST
PIN: 292922310067
�Histo�c Sites Su;''vey' D �'/��
RamseyCoantyHistoricalSociety SaiatPavlHeatagePresereatianCommission
. SLeet d.dcsess{ .
iccatioc: 438 9. DeSOto Street — -
. Dstrict%ecllzce: 5 3. �o�on 1ame: -
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28. Additicr.a'_ co�nsents�. �
?.5. Date(sk of site aisi�ys}: 7f13�81
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38. LeQal Descz
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January 13, 2009 Legislative Hearing Minutes O q�� l.`� Page 4
3. Ordering the owner to remove or repair the building(s) at 938 Desoto Street within fifteen
(15) days from adoption of resolution.
Tim Kelly, attorney with Leonard, 3treet & Deinard, appeazed on behalf of the property owner,
Chase Home Financing, the loan servicer for LaSalle Bank, the property owner. He said that the
redemption period had expired in mid-December and his client was trying to determine what to do
with the property.
Ms. Moermond asked far a report from Mr. Magner. Mr. Ma�er stated the building was a two-
story, wood frame, single-family dwelling on a lot of 6,534 square feet and had been vacant since
November 13, 2007. A code compliance inspection had not been done, the vacant building
registration fees in the amount of $1,000 were paid by assessment on December 19, 2008, and the
$5,000 performance bond had not been posted. On August 23, 2008, an inspection oFthe building
was done and a list of deficiencies which constitute a nuisance condition was developed. An order
to abate a nuisance building was posted on September 30, 2008 with a compliance date of October
30, 2008. To date, the property remained in a condition which comprised a nuisance as defined by
the Legislative Code. Ramsey Counry Taxation estimated the market value of the land to be
approximately $40,000 and the building to be $145,000. Real estate taxes for 2008 were delinquent
in the amount of $3,706, plus penalty and interest. Code Bnforcement estimates the cost to repair
the building to be approximately $SQ000 to $60,000. The cost for demolition was estimated to be
approximately $6,506 to $9,506. There had also been three summary abatements issued to this
property since 2007, five of which went to work arder: to secure the building and the City had to
board the building to secure it from trespass, remove improperly stored refuse, boarding, cut tall
grass and weeds, and remove snow and ice. Code Enforcement recommends the building be
repaired or removed within 15 days. Mr. Magner presented photographs of the property.
Ms. Moermond asked how they became aware this was a vacant building. Mr. Magner responded
that Fire Prevention revoked the C of O, condemned the building, and referred the property to the
Vacant Buildings Program.
Mr. Kelly stated that he had attempted to apply for the code compliance inspection and after several
phone calls, was told that he needed to talk to Pat Fish, Fire Prevention, to schedule a team
inspection. Over the course of several weeks in trying to connect with Pat Fish, she told him that it
would take approximately a month to schedule the team inspection. He said that his client hired a
contractor to go througY� the building in late December to get an estimate of the necessary repairs;
however, without the City's inspection, the estimate was speculative.
Mr. Magner stated that the information Mr. Kelly was given was incorrect. He explained that there
were two houses located on one parcel; the property at 940 was a duplex and the property at 938
was a single-family dwelling. Since they were both rental properties, C of O had listed the property
as a tri-plex rather than separate as a duplex and single family. The building at 938 would only
require a code compliance inspection, not a team inspection, and the appropriate person he would
need to talk to to schedule the inspection was Jim Seeger or Ken Eggers. He said that he would
contact Mr. Seeger to request that the inspection be expedited, ifpossible.
Ms. Moermond asked for a report from Ms. Spong. Ms. Spong stated that this building was a circa
1880 worker's cottage which was built around the Victorian era. This property had been surveyed
and inventoried; a copy of said survey is attached and made a part of this record. She said that
January 13, 2009 Legislative Hearing Minutes O p� r�(�} Page 5
"i 1
although this property and the area itself did not have any potential for historic designation, she
encouraged rehab of the building.
Ms. Moermond stated that the following must be completed: 1) file the vacant building registration
form; 2) obtain a code compliance inspection; 3) pay the outstanding real estate taxes; 4) post the
performance bond; and 5) the property must be maintained and secured. She recommended
continuing the Legislative Hearing to February 24 and the Council public hearing to March 18.
Febmary 24, 2009 Legislative Hearing Minutes
C��t - 1�`�
Page 2
Ordering the owner to remove or repair the building(s) at 938 Desoto Street within fifteen
(15} days from adoption of resolution. (Continued from Jan. 13 LH and referred back by
Council on Feb. 4) Note: The performance bond has not been posted which was a
requuement for �anting the extension of tune.
Troy Parrish, attomey with Leonard, Street & Deinud, appeared on behalf of Timothy Kelley,
attomey representing Chase Home Financing.
Mr. Magner reported that at the Legislative Hearing on January 13, this matter was laid over in
order for Mr. Kelley to provide the following: a vacant building registration form, which was
received from Grace Sharp on January 23 who is representing the property; the code compliance
inspection needed to be done, which was completed on February 5, 2009; the delinquent real estate
taa�es needed to be paid, which he understood had been paid; and the $5,000 performance bond was
to be posted, which he understood had not been done.
Mr. Parrish stated that it was his understanding that the real estate taxes had been paid; however,
Mr. Kelley indicated to him that he had e-mailed back and forth with Ms. Vang concerning posting
the bond as he believed it would not need to be posted until the repairs to the building were to be
made. He said that their client wished to convey the property to the HRA and he had attempted to
contact Cindy Carlson of the HRA; however, she was out of the office for the week. He understood
that the City Council had passed an ordinance concerning conveyance of properties to the I-IRA
which was not yet in effect.
Ms. Moermond asked about the house at 940 Desoto and whether that property was also going to be
conveyed to the HRA. Mr. Magner responded that 940 was duplex located on the same parce] as
938 and was a Category 2 vacant building which would also need a code compliance inspection;
however, the only action that was being taken was for the property at 938. Mr. Pamsh stated that a
code compliance inspection had also been done for the property at 940 Desoto and it was the
intention of Chase to donate this property to the HRA as well.
Ms. Spong stated that she strongly encouraged rehab of the house at 938 as she believed it pre-dated
the duplex at 940 and that although there had been some alterations done to the building prior to the
inventory form, she believed it was a contributing property to the neighbarhood.
Mr. Magner noted for the record that he had received a phone call from a neighbor wanting to know
the outcome of the hearings conceming this property. Although this person did not give their name,
he had indicated that this property had always been rental property and had created a significant
amount of strife in the neighborhood. He suggested to the gentleman that he contact his council
person with his concerns regarding this properiy.
Ms. Moermond stated that her concern was that if the property was conveyed to the HRA and the
ultimate recommendation was for demolition, which party would be responsible for the cost of the
demolition. She indicated to Mr. Parrish that posting the $5,000 performance bond was always a
requirement in order to receive any grant of time as it was viewed as earnest money. She said she
understood the client's perspective that they may not want to post the bond in the event they were
not granted the time to rehab the building and whether they would be able to recover those funds.
She said that the performance bond was refundable in circumstances where time was not granted to
do the rehab. She said that since the bond had not been posted, she would waive this requirement
February 24, 2009 Legislative Hearing Minutes
�5- ��19
Page 3
until the Council Public hearing on March 18. She said that she would like to know by March I 1,
2009 whether the HRA is willing to accept the property and then would be willing to recommend to
the Ciry Council that they continue this matter until the ordinance �oes into effect. She requested
Mai Vang send an e-mail to Cindy Cazlson, Sheri Pemberton, and Tom Sanchez in PED to request
that they communicate whether they are willing to accept the conveyance of both properties, 938
and 940 Desoto, and who would be responsible for the cost of the demotition in the event the
building is recommended for demolition.