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10-114Council File # 0'�� Green Sheet # 3096456 RESOLUTION SAINT PAUL, MINNESOTA �3 Presented by 1 WHEREAS, the Board of Ramsey County Commissioners has referred a repurchase application for 2 property located at 137 Sims Avenue to the Saint Paul Council for review and recommendation; and � � 4 WHEREAS, the Legislative Hearing Officer has reviewed police records, illegal activity, property code, 5 and health violations within the past four years; and 7 WHEREAS, the St. Paul Police Department responded to on numerous occasions for a variety of criminal 8 and nuisance activity at 137 Sims Avenue; 9 10 WHEREAS, the Legislative Hearing Officer determined that 137 Sims Avenue has had substantial 11 maintenance issues, necessitating nusnerous nuisance abatement orders; and 12 13 WHEREAS, the City of Saint Paul has had to conduct numerous cleanups at the property due to the 14 owner's failure to abate these nuisance conditions in a timely manner. 15 16 NOW, THEREFORE, BE IT RESOLVED, the Saint Paul City Council recommends that the Board of 17 Ramsey County Commissioners not approve the repurchase application for the property of 137 Sims 18 Avenue; and 19 20 BE IT FURTHER RESOLVED, that the City Clerk is requested to forward a certified copy of this Council 21 resolution to the Ramsey County TaY Forfeited Land Office, 90 Plata Boulevard West, for final 22 23 24 25 26 27 processing; and BE IT FINALLY RESOLVED, Yhat the Saint Paul City Council requests the entire packet of materials reviewed by the Council be included in the Ramsey County Board of Commissioners' meeting materials on this subject. Bostrom Carter Adopted by Council: Date Z� .3 Adoprion Certified by Council Secretary By: Approved M ate 2 — �j � By: �� Requested by Deparhnent oE � Form Approved by City Attorney By: Form Approved by Mayor for Submission to Council By: _ Approved by the Office of Financial Services By: �.as_�a � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green ' S r eet � 1a' ��`i" � Department/Office/Council: Date Initiated: - � co-�°°°��� ; zs�ANZO,o '�; Green Sheet NO: 3096456 ', Contact Person & Phone: , DeDartment Sent To Person Initiai/Date � Marcia Moermond y ' o .couocil ' ' I � 1 ,Copucil Deoarunent Director ; �, : Assign � 2 CitvClerk � CStyClerk � ,I Must Be on Council Agenda by (Date): ; Number �I 3 I. � I For ', Routing �; 4 ' � �Doa i Order � 5� I; I � E-Document Required: Y Document Contact: ConWd Phone: Total # of Signature PageS _(Ciip All Locations for Signature) Resolution requesting the Ramsey County Board of Commissioners to deny the request on an applicarion to repurchase 137 Sims Avenue. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Following questions: 7. Has this personffirm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/frm possess a skill not normally possessed by any current ciry employee? Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Appraved: Disadvantages If Approved: Disadvantages If Not Approved: Totai Amount of Trensaction: Funding Source: Fi nancia l Information: (Explain) CostlRevenue Budgeted: Activity Number. January 25, 2010 11:24 AM Page 1 Ramsey County lQ'��� Property Records and Revenue Taxpayer Services — Tax Forfeited Lands • PO Box 64097 • Saint Paul, MN 55164-0097 January 6, 2010 City of Saint Paul, City Council Research Attn: Marcia Moermond 15 Kellogg Bivd W Suite 310 Saint Paul, MN 55102 Re: Repurchase application relating to a tax-forfeited property at 137 Sims Ave Dear Marcia Moermond: Enclosed please find a repurchase application received from HSBC Bank USA, N.A. , for the property located at 137 Sims Ave. The property forfeited to the State of Minnesota on August 1, 2009 and is a single-family dwelling. Prior to forfeiture, foreclosure proceedings were commenced by HSBC Bank and the Sheriff's Sale occurred in luly 2009. At the time of forfeiture the property was in the 6-month redemption period. County Board policy, No. 99-507, adopted on December 21, 1999, allows for "each repurchase application to be referred to the municipality in which the property is located. The municipality will document whether the property is considered a municipal problem based on documented police, building code, illegal activity, or health violations within the past five years. The municipality, by resolution, shall recommend that the County Board approve or deny the repurchase application and return the repurchase application to Ramsey County along with the resolution and documentation ofanyviolations." The following documents are enclosed to assist you: • Code violation report • Police history summary • Copy of Application to Repurchase after Forfeiture • Map of the parcel Please send all documents to the Tax Forfeited Land office for final processing. If you have any questions regarding the enclosed documents or require further information, please do not hesitate to contact me at (651) 266-2081. Sincerely, 'L}- �— ���� F ,'�� } � Kristine A. Kujala, Supervisor Tax Forfeited Lands A}��licat�on tc RepurLhase after Farfeit�.zre ��' /�� � �_�: saz9-zz-�z-ools ! egai Description: Edmund Rice's Third Addition. Lot 16 BEocic 2 Address: g37SimsAve Forfaiture Date: 8-i-2d04 i hereby make application to repurchase Yhe a6ove described parcel of land, located in Ramsey� Couniy, from the State of {V9'snnesota, and understand that pursuant to Minnesota Statutes, section 282.241: o The owner at the time of forFeiture, or the owner's heirs, devisees, or representat€ves, or any person to whom the right to pay taxes was given by statute, mortgage, or other agreement, may file an application to repurchase any parcei of land claimed by the state to be forfeited to the state for unpaid property taxes, unless sold or conveyed to a third party. a The property may be repurchased for the sum of all: o Canceiled taxes, including all delinquent real property taxes, plus penaities, accrued interese and costs attributable to tfie taxes. o A11 property taxes p[us penalties, interest and costs on thase taxes Eor Yhe taxes payable year fo{lowing the year of the #orfeiture and atl subsequent years through the year of repurchase. o All delinquent special assessments cancelled at the time of forfeiture, plus penalties, accrued interest and costs attributable to those assessments. o Special assessments nat levied between the date of forfeiture and the date af repurchase. o Any add'€tiona! wsts and interest relaiing to taxes ar assessmants accrued betvreen the date of forFeiture aod the date of repurchase. o Ext:a cosYs reiated to repurchase and recordfng ofi deed. = A$250.i}0 administrative serv�ce (repurchase) fee, in certified funds, is due at the time the a�plication is submitted. � All ma'sntenance costs accrued on f6e property while under the management of Ramsey County, Tax Eorfeited Land, from the date of forfeiture unti€ the adoption of a resolution by the Ramsey Counry 6oard o# Commissioners, are to be paid by the prior owner. The reason or circumstances that led to the forfeiture of the property'ss (describe hardshin}: property taxes caere not escrowed when Che loan was originated. As such, the borrowerJ o�mer P'� Xione was responsible for pavin� the propertv taxes HSBC is unscre why did not make the tax wYten it co,-�menced fareclosu�e � but learned that the nroperty had beed forfeited against the prcperty. At Lhis point, it was too late foz HSB4 co make t� payments an3 prevenC the forfeiture from occurring. Recurn applicaTion to: Department of Property Recards and Pevenue, Attn: Tax fo:feited l�ands S=ctian, PO Box 6aD97, St. Paul, MN 55164-0097 �a�i��l Application to Repurchase after For�e?ttare Applicant Name: &SBC �Bank, USA, ?�.A. as Trustee on behal£ ef ACE Securities* AppfiCant'S reietionship to the propecty: mortgagee and holder of a S73eriEf's Certificate` of Sale and Foreclosure Record Mailing Address ,�. /., Wi? ford & 6eske, P.A. , 8425 Seasons Parkc�rav, Suite 105 City, State, S � Q, s��-��d.e_nt,�.� s�,-�«� The foregoing instrumeM was acknowledged before me this t� day of �r�Y{ -- ------- - - --- --. . �� bY�1��311C�_�?(> ,� Notary u fFlorida y 4 Jar^es R C�avarto < M� Cnmmission DD492559 �r Ezo^es111282 Given under my hand and official sea{ of this �dayof f���"1���� _� � . 5[gnature af Notary Public NotaryCommissionerExpires �I'��'�111.�'I �Corp. Aome Equity Loan Trust attd for the registered Holders of ACE Securities Corp. Home Lean Trust, Series 2006-ASAPS� Asset Backed Pass-Through Certifieates Return eppfication to: Department of Prnperty Records and Revenue, Attn:7ax fo:feiced Lands Secton, PO BoX 64097, St. Paul, MN 55164-0097 a -l1 � CD 3 137 Sims Ave 30-29-22-42-0015 wiw� q . —,,, - es _ - Za s� . ...r9)) � � ° � _ — � (f0� .._.. _ 17 - �.�P � -. _ .,� __ �95 �000� 20 21 ` 22 23 � 25 �'°l � '18. ' nwl t+ae naa� . vaq �voa� . 2_ .�6 . �. {fafl . Lia�J - P� � ' ,.�.� �) � . � �f09) �� 1095' 40 40' 40' !0" p0' CO' OP ttV 2 0 P � P O m k ��.s � A`.'K �.. 8 ]6 86' O) 50' S0' S0' �i � '�- � ° t� m ,. �� � � �-. �_.° t �6,� �`� .. rs� � rs� � � o,, � . '�^�' tQ � ta� 50' S0' K' �°,4i ��� ,, d' (3/ R) �� �ae az � � sa so so' ea' .� t.x�su is s . �m $ lax} � #- �� : � v �is ,� . 3 4 � ;.; „ i �, ( � 1 C ��' tt ° J � �'S '. wv� ' . sm 4 f99f ^� 6 „ �'�ib" A�' :�ug� �.P :�3r: wA � � 3 �av°{�K) ao !w)� �� f) � (2a1 fza) �in �ael ( s �� i s�7 5Q fasl , , � � ._ �. in = t2I �" zs I ss , � � I ° sro� � . ���_'� .� � �t � �� DISCLAIMER: This map is neither a legal}y recorded map nor a survey and is nM iniended to be used u one. This map is a data located in vanous ciry, wunry, state and federel offices and other soumes regazding the azea shown, and is to be 50' S0' j y 7 � z � �, _ � o tro �.' � � of recocds, Saint Pauf Police Department Addressflntersection Report Address Search: �37 SIMS AV (Sector 2, Grid 72) Complai t t Occur Da[e & Time 09137474 07/04/2009 p2:58:58 09081723 OM28/2009 i3:55:00 09070924 OM�4/20D9 �0:40:58 09070232 04/73�20091236:00 09012256 Q1/19/2009 �0:2012 08243411 71/23/2008 0020:43 OS2259� 3 10/30/2008 07:54:00 08225354 10/29/2008 13:39:40 08187346 09/10/200810:42:14 08186697 09/09l2008 09:10:11 0806i9-05 OM08/200875:09:30 08060849 04/07/2008 0226:07 07253379 12l25/2007 112726 07216305 10/28/2007 19:35:30 0729s� 71 10/28/2007 1a:a0:00 07077i77 04/28/2007ZO:Y7:06 06102424 06086309 05233245 05231464 64t1S780 04131870 04130988 04082097 0408�519 05/27/2006 1 i :38:54 05/06/2006 1528:33 10/29/2005 2228:00 10/27/200$ � 923:55 08l21l2004 13:04:40 04/O7/2004 1626:00 OB/27/20p412:31:59 04/27/200416:41:08 OM26l2604 20:10:00 04078038 02240140 021276q5 02462163 020.58827 04/21 /2004 20:42:47 10/33/20p2 07:05:00 O6/21/2002 23'13:21 03/30/2002 2028:57 03/26/20D2 12:01:00 HouseNO IncideMType Dispo ApE� '137 DOMES7ICS ADV 337 OTHERASSAULT-DMSTIC-OTHER RR ASSAULTS,ALL FAMI�Y/CHILD 137 POIJCE VISIT-PROACTIVE POIJCE VISIT ADV 137 DOMESTIC-O7HER ASSAULTS,ALL DOMESTIC RR OPPOSITE SDC 137 911 HANGUP ADV 137 pOMESTICS ADV 137 VIOLAFION OF HEALTtf LAWS RR 137 POLICE VISIT-PROACTNE POIICE VI517 ADV i37 TRAFFlC VIOLATiON-OTHER PARKING TRF VIOLATIONS 737 ABAN�ONED VEHICLE ADV 137 917 HANGUP CAN 137 TRAFFIC VIOLATION-OTHER PARKING TRF VIOLATIONS 137 DOMESTICS ADV 737 WEAPONS-WEAPONS ADV 137 CRIMINAL DAMAGE TO PROPERTY RR (MISDEMEANOR UNDER $500) 737 ANIMALCALLS-COMPLqINTS,NOTqNIMAL ADV BITES 137 DOMESTICS ADV 137 971iiANGUP SNR 737 DOMESTICS ADV 137 911 HANGUP SNR 137 A55-ASSIS7 CITIZEN CALIS, ALL ADV 737 INVESTIGATE-AND A!L OTHER pq 137 ASS-ASSIS7 CITIZEN CALLS, ALl ADV 137 ASS-ASSiS7 CITI2EN CALi,S, qLL qpy T37 TRAFFfCViOLATION-ILLEGALUSEOF RR LICENSE PLATES & TABS 137 INVESTIGATE-ANDALLOTHER CAN �37 TRAFFIC VIOLATION-OTHEFt PARKING GOA VIOLATIONS t37 DISTUABANCESUSPICIOUS PERSON, CAfl, UNF ACTIVIN i37 INVESTIGATE-AND ALL OTHER CAN 737 BURGLARY-NO FORCEp qR ENTRY,NIGHT, RESIDENCE Information requested by: (424700) 1 t��ii� Totai Records: 47 Prinfed at:9/30/200912:59:20 PM b000/Z000� 'Sd�Q �DI'IOd TRYd ,LS SS45 SS5 I59 XV3 60�£T 600Z/0£/60 �o-ll �f Saint Paui Police Department Address/InEersection Report Address Search: 137 SIMS AV (Sector 2, Total Records: 47 Grid 72) Complaint # Oxur Date & Time House No IncideM 7ype Dispo Apt# 02047742 03/t0/2A0210:43:00 737 ASSAULTSFELOM'(INCLUDING TERRORISTICRR THREATS) 02074597 OtYY212002 2'1:45:52 137 D{SNRBANCE-SUSPICIOUS PERSON, CAR, ADV ACTIVfTY 01221941 10l14/2007 19:0215 737 DOMESTICS ADV 01168804 08/10/2001 22:44:44 137 WEAPONS-DISCHARGING A FlREARM tN THE UNF CI7Y UMI7S 07167}7g 08/03/2001 01:53:00 137 WEqpONS-DISCHARGING A FIREARM IN THE RR "" CITY LIMITS 01167129 08/09/2001 0029:00 137 THEFT-FROM AUTO,UNDER $5�0 pR 01165183 08/06/2001 20:00:00 137 ASSAULTS-FELONY(�NCLUDING TERRORISTICRR THREATS) OD229346 17/OS/200008:5438 137 DEATH-ATTEMPTSUICIDE A�V 002�6846 10/22/200016:59:5t 137 OTHERASSAULTS ADV 00216316 10/21/2000 20:11:35 137 DISTURBANCESUSPlCIOUS PERSON, CAR, UNF ACTIVIT! 00790053 09/78/20002325:50 137 LEWD BEHAVIOR-WINDOW PEEPING, ADV PROWLER 00186325 0911M290012;5028 737 INVESTIGATE-ANDALLOTHER ADV 00066835 04/761200011:19:40 137 Rl3NAWAY AR 00063811 O4l91/200022:41:44 137 HARASSMENT RR ��055303 03/30/2000 t1:02:11 137 FAMILY/CHll.t)REN-VIOlA710N OF RR RESTRAINING OflDER 000q4623 03/t3/200pi7;52:17 137 INVESTIGATE•ANDALLOTHER ADV 00034888 02/28/200007:'1720 137 ASS-ASSISTFIRE/AMBULANCE ADV lnformation requested by: (424700) 2 Printed at:9l30/2009 12:5920 PM 6000/£000 � 'Zd�Q �OI'IOd TRPd .LS 9554 55S TS9 XV3 60�£T 600Z/0£/60 STAMP - Activities STAMP - Activities New Search Run Date: 12/31/09 02:58 PM House#: HeID Usina this re ort Sort by Most Recent Date Polder Type: All Folder Types Street Name: Click on address link to access GISmo, MapIT, and Ramsey County Info PIN:302922420015 Address Date ID # 13 Sims Ave Click on ID� link 6elow to view detail Status Type 12/14/09 09 a46475 Open OS/06/09 09 226084 Closed 07/30/09 09 222319 Resolved 07JO1J09 09 097484 Resolved 06/30/09 09 096457 Resolved 06/OS/09 09 080130 Resolved 09/09/08 08 147094 Closed 09/09/OS .0..8 147095 Closed 09/03/08 08 143995 Resolved 12/31/07 07 228558 Closed 12/31/07 07 228557 Renewal Due 12/28/07 07 227862 Billing SO/17(Q7 07_ 174637 Finaled 06(11/07 07 093493 Closed 06f04(Q7 07 09006.0. Closed 03/03/07 02/14/07 07 031038 Billing 07...022748 Finaled Page 1 of 2 �0-//� IS He� Fotder Count: 27 Starting Date: Ending Date: Description RE - Real Estate Owner: State Of MN Trust Assessments Exempt/Ramsey Co Tax Forf Land PA - Parks Summary Owner: Pa Xiong -*ASAP* Abatement - Garbage Remove all bagged and loose Rubbish garbage outside allied containers rear and garbage down small hill on east property line-middle of rear yard, Can access from dead end afley off Jackson. CS - CSO Complaint - Alley is full of trash, BFI has not Exterior - Complaint been there for 3 weeks. They have started throwing bags of trash down the hill on the side of the house CS - C50 Complaint - Tall TGW Gress - Complaint CS - CSO Complaint - garbage in the rear of property Exterior - Complaint CS - CSO Complaint - Garbage near the fence Exterior - Complaint PA - Parks Summary Owner: Pa Xiong - Remove Abatement - Garbage rubbish, improper storege from Rubbish east porch all litter in yard. PA - Parks Summary Owner: Pa Xiong - Tall Grass and Abatement - Tall Gress weeds on the property CS - CSO Complaint - garbage in alley, bfi overflowing, Exterior - Complaint vehicles RF - Referrel - C of O Owner: Pa Xiong - Follow up on C of O folder approved with corrections. CO - Certificate of Occupancy Responsible Party: Bee Vue - Residential 1 Unit CO - Certificate of Occupancy - Residential 1 Unit - E- Electrical Permit - Service Contractor: SN Electric Tnc & Circuits - Residential Repafr/Alter RF - Referral - Citizen Owner: Pa Xiong - On Water Complaint Utility Shut Off List 5/24/07 thru 5/30/07 CS - C50 Complaint - Shut On Water Utility Shut Off List Off - Complaint 5/24/07 thru 5/30/07 CO - Certificate of Occupancy Responsible Party: Bee Vue - Residential 1 Unit RW - PW Right of Way PermitContractor: Mr GARTH PAWLUK http://sparaci.stpaul.mn.us/STAMPProperty/Activity_ReRoute.j sp?tactPinNo=302922420... 12/31/2009 STAMP - Activities - Excavation - Excavations 08(21J06 06 126627 New Owner SD - Hard Wired Smoke Detedor Page 2 of 2 /0�l1� Xcel Energy Gas - 4' X 6' HOLE IN PARKING LANE. PROJECT #:10921977 Owner: Bee VueJLamena Vue 08/21/06 06 126624 History TH - Truth In Sale of Housing Evaluator: Gary Scott Lighthouse Inspection - Single Family Home Inspections LLC Dwelling OS(20(OS OS 104916 History RR - Rental Registration - RR Stated Owner: Bee Vue - Single Family Dwelling 03/03/2007: RR-CO Conversion: 19/06J94 04 163985 Expired OS/25/04 04 092651 Closed 8 - Building Permit - Single Family Dwelling - Repair CS - CSO Complaint Interior - Complaint SO/Ol/02 02 227168 Closed CS - CSO Complaint - Exterior - Complaint OS/30/02 99 001909 Delinquent XA - ECLIPS License - Animals - Dog Regular 09/27/Ol 01 226211 Closed CS - CSO Complaint - EMerior - Complaint 11(22(00 00 150431 Closed B- Building Permit - Single without Family Dwelling - Repair Approval 03/25J99 99 001909 Canceled XA - ECLIPS License - Animals - Dog Regular Folder status changed to History. Contractor: Renovation Inc - 02/07/2007: Automatically closed by system due to no activity in one year. Squirrel's living in the walls of the house, tenant can hear them all the time 6ARBGAGE/RUBBISH, TALL GRA55(WEEDS, VEHICLES X2 Licensee: Linda Borchert - ECLIPS License# 19990001909 GARBAGE, RUBBISH Contrador: Linda l. Borchert - .Reshingle(w/TearOff).. Closed without final approval Licensee: Linda Borchert - ECLIPS License# 19990001909 http://spazaci.stpaul.mn.us/STAMPProperty/Activity_ReRoute.j sp?bctPinNo=302922420... 12/31/2009 January 12, 2010 Legislative Hearing Minutes /�,�1 !� Page 7 l � 7. Application of HSBC Bank, USA, to repurchase tax forfeited property at 137 Sims Avenue. Mr. Magner stated that in reviewing the application, it appeued the mortgage company was exercising their right to repurchase this property claiming that the previous owner had not escrowed the property tases and failed to pay them allowing the property to become tax forfeited. It appeared that the mortgage company likely purchased this property at the sheriff sale back in July 2009 and were waiting for the six-month redemption period to expire. In reviewing the police reports, it appeared there had been quite a bit of activity in 2007 and 2008. Code Enforcement also frequented the property in 2008 and 2009 with orders being issued. Since the mortgage company was not the responsible party at that time, he did not have any recommendation on the repurchase of this property. He said he would have staff look into the vacant building status of this property since it was not listed as a vacant building in the system. Ms. Moermond stated that in reviewing the history of police and code enforcement activity, she found it disturbing on the nuisance activity at the property. She said that HSBC should have known that the taaces were not being paid since the mortgage did not allow for escrowing and they began foreclosure proceedings based on the failure of the owner to make mortgage payments. Therefore, she recommended denying the repurchase application. Mr. Magner responded that he would agree with the recommendation since HSBC could have checked on the status of the property taYes when they purchased the sheriff certificate back in July.