15 West Kellogg Blvd.

Saint Paul, MN 55102

City of Saint Paul

Minutes - Final

Legislative Hearings

Marcia Moermond, Legislative Hearing Officer

Mai Vang, Hearing Coordinator

Joanna Zimny, Executive Assistant

legislativehearings@ci.stpaul.mn.us

651-266-8585

Tuesday, November 14, 2023

9:00 AM

Room 330 City Hall & Court House/Remote

9:00 a.m. Hearings

Remove/Repair Orders

RLH RR 23-57

Ordering the rehabilitation or razing and removal of the structures at 1971

NORTONIA AVENUE within fifteen (15) days after the December 20,

2023, City Council Public Hearing.

Prince

Sponsors:

PO to 1) submit copy of mortgage(s); 2) pay back taxes; 3) submit signed bids

specifically noting all items in CCIR will be addressed.

Lenny Frolov, owner, appeared

[Moermond gives background of appeals process]

Staff report by Supervisor Joe Yannarelly: The building is a one and one-half story,

wood frame, duplex with detached one-stall garage on a lot of 5,140 square feet. The

Fire C of O was revoked on October 14, 2019, and the property was referred to Vacant

Buildings; files were opened on November 22, 2019. The current property owner is now

listed as Robert J Travers/Ivana Travers per Amanda and Ramsey County Property

records. At the time of the Public Hearing Notice, the owner was listed at Hendrie

Grant Lending VII Inc. A Mortgage dated April 6, 2022, was filed with Ramsey County

Property Records on September 18, 2023, and the title to the property was changed.

Neither a warranty deed nor contract for deed has been filed with Ramsey County

indicating a sale of the property as of today’s date.

On August 30, 2023, 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 6, 2023, with a

compliance date of October 6, 2023. As of this date, the property remains in a

condition which comprises a nuisance as defined by the legislative code. Taxation has

placed an estimated market value of $20,000 on the land and $282,000 on the

building.

Real estate taxes for 2023 have not been paid and are due and owing in the amount of

$10,795.38 which includes penalty and interest. The vacant building registration fees

were paid by assessment on January 3, 2023. A Code Compliance Inspection was

done on June 6, 2023. The $5,000 performance deposit was posted on November 9,

2023. There have been eleven Summary Abatement Notices since 2019. There have

been seven work orders issued for: garbage/rubbish, tall grass/weeds and snow/ice.

Code Enforcement Officers estimate the cost to repair this structure exceeds $30,000.

The estimated cost to demolish exceeds $50,000.

Moermond: I assume you knew most of that information already?

Frolov: yes.

Moermond: and you have a copy of the notice of hearing and all that stuff?

Frolov: yes.

Moermond: Mr. Yannarelly, our office received an email from Vicki Sheffer indicating

the mortgage from April 6 didn’t get recorded until September 18, there is a 16-month

gap. Unpaid taxes. Tell me about that.

Yannarelly: I really can’t.

Moermond: do we have an address for the Travers?

Yannarelly: and ownership and encumbrance (O & E) report.

Moermond: this was run September 5. Two months old. Limited value considering the

change. It also lists Bowen Companies LLC as a party to the Contract for Deed. The

reason I’m dwelling has to do with proper legal notification of the hearing process and

me making sure parties who needed to be notified have been. Clearly there’s a timing

issue where we have a transfer in the recent past. I’m thinking you have more

information. Who owns this property?

Frolov: absolutely I do. I leant Henrie Grant funds in 2020 to embark on this project.

Granted a mortgage that was never recorded. He sold on a contract for deed to another

investor. I wasn’t in the know. October 30 Henrie Grant notified me he was insolvent.

He can no longer do anything, not willing to make any repairs. I got blindsided by it. He

offered to deed it to me, and subsequently found out that Robert Travers also had a

mortgage. Now there are 2 lenders. Him and I spoke and decided I would spearhead to

get it sold and recoup our money. So, owners are myself, as an LLC and Robert and

Ivana as joint tenants.

Moermond: I assume they leant the money because the original mortgage wasn’t

recorded?

Frolov: yes.

Moermond: and that’s kind of on you.

Frolov: yes. My loan was 2020. His was 2021. His got recorded in September.

Moermond: I don’t know it did.

Frolov: I had an O & E run when I first found out. I thought I heard you mention it.

Moermond: I got an email from November 13, yesterday, that this Travers mortgage

existed. We heard it was in existence, and it wasn’t in our paperwork and they didn’t

receive proper legal notification of today.

Frolov: you are correct, but they are well aware of it.

Moermond: have you provided my team with those mortgages? I ask because its

evidence of ownership interest prior to the City’s. If it was after any grant of time it

would be highly scrutinized because of the late transfer.

Frolov: I certainly can.

Moermond: and we’ll look for theirs as well. My office, or perhaps more appropriately,

Department of Safety & Inspections should provide official notice of Public Hearing to

the Travers folks. I appreciate you saying they know, but we need them to officially

receive notification because the implications are expensive. I’ll start the conversation

with you today and you can get the ball rolling about expectations and I will continue

the hearing so they have the legal notice officially.

Frolov: would that also mean work couldn’t commence until that date?

Moermond: yes. Notice was sent October 13, a month in advance of today’s hearing.

I’ll look to have that notice done for a hearing December 12th. December 20th is the

Council Public Hearing.

Frolov: and that’s the earliest date things can commence?

Moermond: no. We can talk again, and we officially know that you are taking the lead,

we’ll talk about conditions and you would have heard from Ms. Zimny I believe, about

the standard conditions. Once Mr. Yannarelly and I agree the conditions have been

met, you can begin pulling permits. If you’re close to meeting conditions in December I

typically ask them to send it back to Legislative Hearing again to give us time to work

through it. So, the earliest you could pull permits is December 13th.

All of that being said, the highlights I heard the 2023 taxes haven’t been paid. The

Code Compliance was done in June, which is good. The Performance Deposit was

posted last week, that is also good. The City has had to do some work to maintain the

property. We have title issues which exist. I will look for clearing up the title concerns

and the outstanding taxes. I assume because he signed his interest over to you all you

have documents to support he relinquished his interested.

Frolov: we filed a quit claim deed.

Moermond: and if you can provide that as well, that would be simpler for everyone. Tell

me about the rehab.

Frolov: I have contractors, bids, money, I brought it with.

Moermond: I can look at those.

Frolov: I have four bids, and proof of funds from one bank with the affidavit.

Moermond: looks like it goes point by point through the Code Compliance?

Frolov: it has been worked on since June. About 80% of the work has been done.

Permits are expired. I did get the electrician and HVAC guy who worked on it before.

They’re back on the project because they can explain what they did. The plumber and

General Contractor are new. Its 80% completed from the June orders, by my

estimation. The electrician is the one who has the lien on the property for being unpaid.

Moermond: my preliminary response is there isn’t a schedule attached, the bids aren’t

signed and we don’t have them referencing the Code Compliance Inspection Report,

the building folks seem to have, but for the others I would look for clarification there.

The schedule, the Council grants 180 days, that’s the standard length of time. The

money appears to be in excess of what is needed to execute, great. Taxes and title

issues to clear up. Bids need to reference the Code Compliance specifically, and a

schedule.

Frolov: I do have a plan, but I wasn’t sure how specific it needed to be.

Moermond: the fact it’s a whole page leads me to think that’s not a concern. This

appears to list out everything?

Frolov: yes, because I didn’t want there to be a discrepancy between the Code

Compliance and the items done. 80% of it is done.

Moermond: is everyone showing up at the same time?

Frolov: pretty much. All the trades are really done. It is really just getting the trades

inspected and then the general contractor has the most work.

Moermond: you have your head wrapped around this, understand what we’re looking for

and why. I’m sorry for the delay.

Frolov: I was hopeful—

Moermond: not on me. But we do need to make sure that base is covered. It isn’t

going to delay by much. Any questions?

Frolov: not necessarily.

Moermond: you are welcome to call or email with any questions.

Laid Over to the Legislative Hearings due back on 11/28/2023

RLH RR 23-58

Ordering the rehabilitation or razing and removal of the structures at 378

SIMS AVENUE within fifteen (15) days after the December 20, 2023,

City Council Public Hearing.

Brendmoen

Sponsors:

Layover to LH December 12, 2023 at 9 am. PO to 1) post $5,000 PD (done on

11/14/23) and 2) submit Code Compliance Inspection application by no later than COB

November 27, 2023.

Wesley Hart, owner, appeared

Bill Purtell, attorney o/b/o Freedom Mortgage Corp, appeared via phone

[Moermond gives background of appeals process]

Staff report by Supervisor Joe Yannarelly: The building is a two story, wood frame,

duplex with a detached two-stall garage on a lot of 5,358 square feet. The property was

condemned by Fire Certificate of Occupancy on March 9, 2021 due to a fire. Vacant

building files were opened on March 10, 2021. The current property owner is Wesley

Hart, per Amanda and Ramsey County Property records. On August 23, 2023, 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 August 31, 2023, with a compliance date of

September 30, 2023. As of this date, the property remains in a condition which

comprises a nuisance as defined by the legislative code.

Taxation has placed an estimated market value of $20,000 on the land and $80,000 on

the building. Real estate taxes are current. The vacant building registration fees were

paid by assessment on April 3, 2023. A Code Compliance Inspection was done on

December 3, 2021 and has since expired. As of November 13, 2023, the $5,000

performance deposit has not been posted.

There have been twenty Summary Abatement notices since 2021. There have been

seventeen work orders issued for: garbage/rubbish, boarding/securing, tall

grass/weeds, and snow/ice Code Enforcement Officers estimate the cost to repair this

structure exceeds $60,000. The estimated cost to demolish exceeds $30,000.

Moermond: we have one fire for sure. Looking at the photos I suspect there was a

garage fire between then and August of 2023. That changes the complexion from a

neighbor perspective. I see the taxes are being paid. There was a Code Compliance

but its 2 years old, so something happened to make this a nonstarter. We don’t have a

Performance Deposit posted. That is a fair number of orders to maintain the property

with work orders. Because you are here I assume you haven’t walked on the property.

Other actions make it look like it. Tell me what is going on.

Hart: I occupied in 2016 when we first bought it. I live in Blaine now. I plan to live here

once it is done. We’ve been through a lot of repairs since 2021. Paul Davis Restoration

is our contractor. We’ve been working with insurance. I thought we were just trying to

wrap things up to get permits closed out. From talking to the City, we have two open

electrical permits and two expired plumbing permits. We were working on getting that

completed. I met with the electrician last week, and he’s putting together a new

estimate to address those issues. I got some of the letters and I know they said the

City said they’d fix them, I know I should have, but I just figured I would pay it. I think it

looks great. I met with Clint yesterday and he said it is about 70% in his opinion. I’m

just hoping to get that taken care of, I don’t want it demolished.

Yannarelly: did Clint mention doing a full walk through?

Moermond: we need one. Conditions may have changed since even if permits are

finaled it was so long ago. If the things are done and permits are signed off on I would

expect scant items on the list. But the Council still has the assurance they are done

and crossed off before the vote. I don’t want to see preventable mistakes since it is a

large amount of money.

Hart: I heard the value of the building was $80,000, but repairs have been more than

$300,000.

Moermond: I think they calculate that based on fire and it being uninhabitable right

now. It is too your advantage since the taxes are less. Fires take a lot of time, there’s

trauma, they are a big deal. Electrical permits were issued, they’ve had rough ins. Two

warm air permits from February of 2022 that were both finaled. Both the plumbing

permits expired, one was pulled December 2022, the other May 2022.

Yannarelly: I would imagine if Clint went through it would be minimal, excluding garage

and exterior.

Moermond: this goes to Council December 20, 2023. I know you’ll have to hustle to get

that Code Compliance Inspection Report issued and Performance Deposit posted.

That would be enough for me to put a pin in this as needed to complete bids and

scope of work. You may well be able to get the Code Compliance done and trades

people through. They may have been paid in whole or in part. I will need to know that

because that will inform the calculation of how much money is necessary to complete

the project. If this is out of the insurance company’s pocket, how much is left in your

policy to do the rehab and how we figure that out so we know there’s enough money. I

know since the pandemic a lot of people haven’t updated their home insurance policies

to reflect the increase of contractor and supply prices. I don’t know if that’s the

circumstance here.

Hart: we are working with State Farm and they’ve been really good. They did drop us

after the two fires, which made it difficult to find insurance.

Moermond: you need to be on top of maintaining the property. It is under a

microscope. I’ll be looking to see if there have been orders. I want to emphasize that

living a couple doors down from a building like this it undermines my confidence in the

neighborhood and makes me feel like my property is worth less, perhaps the City

doesn’t care about what is happening. I want to give you a fair chance, but also need

to balance those concerns.

Hart: we got those tenants out, it was a really bad situation. It was a really bad

situation, but I plan to live there so hopefully they will be balanced out. There were

times I didn’t cut the grass or shovel; I have those things in place now. I understood

the City would do the work and I’d take the financial hit. But I didn’t think about it as

hurting me in this situation, just the extra money. I won’t let that happen again.

Moermond: that is true from your own financial calculus but it isn’t the same for the

neighbor who has to call in and monitor your property on your behalf. Having to wait

until the grass is long, or the walk is icy, or someone breaks in and I’m scared.

Hart: how do I pay the Performance Deposit?

Moermond: we can email the form to you but Ms. Vang can give you one today, along

with the Code Compliance application. Make sure you include the lock box

combination. I’m going to continue this to December 12th. I’m hopeful by then you’ll

have had the Code Compliance report in your hands a week or two to reach out to your

contractors and get fresh bids.

Mr. Purtell, do you have any questions or statement for the record? What is your role?

Purtell: standard Freddie Mac residential first mortgage. They’re escrowing the taxes

and insurance. He’s performing well on the loan. I just wanted to listen in since they’ve

dispersed hundreds of thousands in funds. It looks like everyone’s working together

and he didn’t just abscond to a nonextradition country. I’ll report back that everything is

going well.

Moermond: we’ll copy you on the follow up correspondence.

Laid Over to the Legislative Hearings due back on 12/12/2023

10:00 a.m. Hearings

Making Finding on Nuisance Abatements

RLH RR 23-60

Second Making finding on the appealed substantial abatement ordered

for 1803 IVY AVENUE EAST in Council File RLH RR 23-20.

Yang

Sponsors:

The nuisance is abated and the matter resolved.

No one appeared

Moermond: Code Compliance issued August 15. Abated and resolved.

Referred to the City Council due back on 12/6/2023

RLH RR 23-59

Second Making finding on the appealed substantial abatement ordered

for 1457 THIRD STREET EAST in Council File RLH RR 23-19.

Prince

Sponsors:

LH December 5, 2023 to see if CC certificate is issued (CPH December 6). Continue

CPH if not issued.

Dale Savasten, o/b/o owner Carl Berger, appeared

Moermond: I know we’ve talked before. Your uncle is Carl Berger. You’re helping with

your wife to get this done. Things are taking a bit longer than anyone wants, but we’ll

get a staff update first.

Staff update by Supervisor Joe Yannarelly: numerous active permits and it is being

maintained, never any problems.

Moermond: no expired permits?

Yannarelly: one finaled mechanical in July. Everything else is open. Another

mechanical finaled in May. Did Clint talk to you about the retaining wall?

Savasten: yes, it is all taken care of.

Moermond: you had forfeit $5,000 and posted another $5,000. 80% complete.

Savasten: Clint and I talked yesterday. It is just a countertop. We have a sink to put in

and then electrical outlets. Then plumbing and electric can be finaled. Countertop

hopefully goes in Friday. The goal is to be done next week.

Moermond: because you are so close, you need those inspectors out quickly. I’m

inclined to not require a new work plan since you are so close. We’ll review your case

December 5; it has a Council Public Hearing December 6. We’ll see where things are

at and if you’re done, its easy. If you aren’t I will ask them to continue it a couple of

weeks to get you through it.

Referred to the City Council due back on 12/6/2023

11:00 a.m. Hearings

Summary & Vehicle Abatement Orders

RLH SAO 23-45

Appeal of Iris J. Logan to a Summary Abatement Order at 1322

SHERBURNE AVENUE.

Jalali

Sponsors:

Layover to LH November 21, 2023 at 11 am. Current recommendation is to grant to

December 22, 2023 for compliance.

Voicemail left at 11:11 am x8605: this is Marcia Moermond from St. Paul City Council

calling you about your appeal for your orders at 1322 Sherburne Avenue. We’ll try you

back in about 5 minutes.

Iris Logan, owner, appeared via phone.

[Moermond gives background of appeals process]

Staff report by Supervisor Lisa Martin: a Summary Abatement Order was issued on

November 6, 2023 regarding obstruction of the boulevard, to remove and dispose of

planters, woods, metal cans, large rocks and misc. debris. Compliance date was

November 13. She did speak to Inspector Kedrowski. Photos are on file.

Moermond: I see a lot of boulders, plantings, pots, and plastic bags.

Martin: The rocks and boulevard plantings, it is considered a nuisance. Also, there’s

concern about impact on the boulevard tree. There is a lot of stuff in the yard, but the

yard is fine. This was not the only property called out by inspectors. Often, we get

complaints about planters or planter boxes on the boulevard, but here we wrote 15 or

19 different cases. Some had rocks, some just some planters, and this had a little of

everything.

Logan: I have been stressed out since this matter began. Hear me out, my blood

pressure has gone up. If someone made a complaint against the boulevard, I’m really

sorry. I am not that kind of person. I’ve had it like that for over 30 years. When you

talk about the obstruction and stuff around the trees, I water it. They scraped the tree

down to the roots. As a young homeowner, I didn’t know how to take care of the trees

so I put the dirt around it. In the meantime, I have been moving the rocks and

boulders. It took me 30 years to bring them in. I can’t move them in 2 weeks. I am

really sorry for it affecting my neighbors. The little flowerpots are less than 36”. I’m

pleading. I helped them remove the eyesores on their property. No one helped me. I

am not going to fight with you all about the boulevard. I’m in the process of removing it.

The bags had mulch in it. I am the one who cleans up the block so I wouldn’t leave

things deliberately. I clean the streets up, dirty diapers and nasty prophylactics. I am in

the process of moving the rocks. I have over 50% gone. I need more time. I wanted to

fight for what people can have on the boulevards. I’m not throwing away my driftwood. I

moved it to my yard. If you give me time I hope to get all the rocks moved before the

weather gets bad. Is it ok that I have my little bench out there?

Moermond: I want you to take a deep breath. I am very sympathetic to your situation. I

don’t want you feeling unwell because of this. That is not where I am at all with this.

Logan: What did you all want me to do?

Moermond: I want to talk with you and find out more about your circumstances.

Ultimately, in front of me are orders, I can see it was written because of the reasons

mentioned. They’re saying if you are going to have an installation like this in the

boulevard, you need to have a permit to encroach in the right-of-way. That is why the

orders were written. Public Works hasn’t cleared this to be in the right-of-way. They

aren’t likely to because it violates a couple sections of City Code. That is one concern.

Planting height, no you don’t have anything over 36”. The tree situation is that tree

roots are really negatively impacted by having weight on them. Having stones can

suffocate the roots. I hear you working on it, but that is also part of the puzzle. I want

to give you an extension to work on this. I want to make sure it is doable from where

you are coming from and also works with how weather impacts things. I don’t know if

you have help doing this. It’s a lot to do. I have no interest in rushing this. I can’t even

put this in front of the City Council until December 6th for them to consider it. I’m

hoping you can take a breath, slow down a bit, do it in phases because I don’t want it

to negatively impact your health anymore. It is a lot. It is still ambitious, but you sound

like you’re on top of it.

Are you doing this all yourself, Ms. Logan?

Logan: yes. You want all the boulders and rocks gone. Ok. I’m almost done with that. I

have one pot left. The stones encompassing the flower gardens, you want all those

gone and then I’ll be done. I’ll remove the bench. I don’t have anything else out there.

The only variance would be height because it was basically a raised bed. You want the

dirt gone? I can’t do that.

Moermond: no, you are fine. We’re talking about the stone.

Logan: just listen to me. I’ll remove it all. It will be gone by the end of the week.

Moermond: I don’t see the bench in the photos. Is the bench there now?

Logan: it is a concrete bench that sits near the tree.

Moermond: I was hoping it was not concrete. It would be easier to be removed so it

could be there seasonally.

Logan: I can move the concrete bench. Not a problem.

Moermond: Ms. Martin will there be any concerns about the egress out of the house.

Martin: No, there is a sidewalk with clear path out of the house. There are just a

couple flowerpots on the sidewalk by the door so in an emergency there isn’t blocking

the stairs. We don’t want to see pots on the stairs or walkway.

Moermond: I will ask the City Council to December 22nd, push out 5 weeks. Is that

ok?

Logan: Yes.

Moermond. I will not lock this in. I will not make a recommendation at this time. I

need to wait a couple more days to see anyone else on your street is appealing. I want

to treat everyone the same and give the same consideration. I will wait until next

Tuesday and if no appeal, will grant to December 22nd and no sooner.

Logan: no one on that block is going to appeal.

Moermond: Ok, if they changed their mind, that is fine.

Logan. A couple of my neighbors have flowerpots on the blvd, less than 16 inches

tall. Are they supposed to remove them?

Moermond: I will turn over to Ms. Martin.

Martin: we don’t want any obstruction on the boulevard. If flowerpot or anything we

asked them to remove. There are 15 orders, and they would need to remove. All

those addresses have been addressed. Back to egress in front of the house, she does

have access to front door, but I want to make it clear there are couple flowerpots going

to the front so those need to be removed from blocking the stairs.

Logan: I will address to them this afternoon.

Moermond: you are so incredibly responsible. It is a breath of fresh air. I appreciate

you taking the leadership in the neighborhood to pick up trash. I also want to talk

about that concrete bench. It sounds like you are so strong, but Ms. Martin what is the

expectation around that concrete bench and is that included as an obstruction?

Martin: it is included but I thought it was removed?

Logan: I’ll have the bench moved.

Moermond: I know a lot of people care about this and are wanting to help. Lean into

that. I’m going to wait a week before I give a recommendation, give the neighbors with

orders a couple of days to appeal if they want. That way everyone is treated the same.

I hope things go smoothly and you can take a breather before pushing through. Your

deadline will be December 22, 2023 in case you need that.

LAYOVER ONE WEEK to November 21.

Laid Over to the Legislative Hearings due back on 11/21/2023

1:00 p.m. Hearings

Vacant Building Registrations

RLH VBR

23-64

Appeal of James Nguyen to a Vacant Building Registration Requirement

at 607 LAWSON AVENUE EAST.

Yang

Sponsors:

Grant the appeal and release property from the VB program. Grant to August 1, 2024

for compliance with item 1 of November 8, 2023 orders related to roof.

James Nguyen, owner, appeared via phone

Staff report by Supervisor Leanna Shaff: Inspector Vue was at the property. Exterior

needs some paint; roof has missing shingles and is in rough shape. The garage needs

some paint and soffits towards alley are deteriorated with holes. No change to that.

Flooring on stairwell landing. Multiple receptacle plates missing. Casings missing from

multiple doors. Not a lot happening inside that would take too long. Mostly the exterior

is time and weather dependent.

Moermond: those are the big dollar items, the roof. Mr. Nguyen, what do you think

about that list and how long it will take?

Nguyen: when the inspector came she pointed out the one missing shingle, otherwise

the roof is in bad shape but it isn’t leaking yet. The six other items, as we speak all of

them are done. Those can be reinspected anytime. I repaired the roof but didn’t

replace, that would cost too much. They’re all repaired and it is ready for reinspection.

Shaff: the roof above the doorway I see worn shingles and very deteriorated. Some

have rounded edges and curling. It may not be leaking yet, but it is definitely a case of

deferred maintenance and needs replacement.

Nguyen: I can add a new layer of shingles on top of it. I would love to replace it, but I

can’t afford it.

Moermond: so, you repaired by putting a second layer of shingles down?

Nguyen: yes. As I understood I did go around the roof and find anywhere with a similar

situation and do that, so I can guarantee no leaking. Bottom line is the roof is repaired.

Everything else on the list is repaired and ready for reinspection.

Moermond: that sounds good, Ms. Shaff, comments?

Shaff: I see the photos from November 7 and the roof over the doorway. There

definitely needs to be replacement. Building code doesn’t allow a second layer of

shingles. Any repair over $500 needs a permit. That’s what a typical person could

expect to pay. Free shingles and free work by myself aren’t what the building code

assumes. There are a lot of code issues, it isn’t just a simple repair.

Nguyen: I don’t understand to code per se, but for fire safety issues it says repair worn

out roof. I can’t repair it?

Shaff: there are multiple ways for achieving code compliance. I would recommend

getting a roofing contractor out to see what needs to be done.

Nguyen: I had someone out and they wanted to charge $8,000. I can do it myself with

help.

Shaff: you need to pull a permit to do that.

Nguyen: bottom line is the missing shingles are covered with a second layer of

shingles.

Moermond: the order doesn’t say replace, it says provide and maintain the roof. It

doesn’t say a permit is required, so I take it in good faith that he didn’t know he needed

one. It is winter and going to be nearly impossible to get a contractor out.

Shaff: he already said he was presented an $8,000 bill for replacing the roof.

Nguyen: I asked them to come by and take a look and give their opinion. They quoted

a replacement. They also told me it would be $250 an hour more if they find other

issues. I can do it myself and pull the permit. I’ve done it a few times. By spring if I

have to have it replaced I can get it done.

Moermond: you have everything except the roof done is what I am hearing. You’ve done

some repairs to the roof, including visible locations and those that you found yourself.

Taking into account how long it may take—

Nguyen: it is an issue of money and time. They won’t repair, they don’t make money

doing that. I’ve called 2 or 3 contractors, only one responded. They want a blank check

from me, which I can’t afford. If I could get to May, just in case.

Moermond: I’m comfortable doing that, I’ll recommend they give an extension to

August 1, 2024. That’s a liberal extension but the impact of not meeting that deadline

is to be looking at another revocation of your Certificate and going into the Vacant

Building program again. You’re getting a nice extension to avoid that. Does that work?

Nguyen: yes, I would love that. It will get done.

Moermond: August 24, 2023 for roof repair. We need a reinspection on the balance of

the items. The inspector will reach out with a time for that reinspection by US mail.

Nguyen: can I say something? I did receive the email from Inspector Vue. Sometimes

I receive letters in the mail and sometimes I don’t. I would prefer an email. She can

also call. US Mail sometimes I don’t get.

Shaff: our system doesn’t allow that; I would ask that the appellant call Inspector Vue

within the week to schedule an appointment. Call her between 7:30 and 9 am.

Referred to the City Council due back on 12/6/2023

RLH VBR

23-66

Appeal of Jason Stockwell to a Vacant Building Registration Renewal

Notice at 1006 THIRD STREET EAST.

Prince

Sponsors:

Recommendation forthcoming pending issuance of Code Compliance Certificate.

Jason Stockwell, owner, appeared via phone

Moermond: following up with you on this appeal. I was hearing from my team you were

having delay in getting a mechanical inspection and that is tomorrow?

Stockwell: he said tomorrow morning. He said two of the other City inspectors are out,

so he’s covering and couldn’t come until Wednesday morning. It is just the gas stove

connection. It already passed the air test.

Moermond: this sounds straightforward. Last week I asked the Council to continue the

conversation from 8 to tomorrow, the 15th. If they aren’t coming until tomorrow it

doesn’t give Clint much time to generate the Code Compliance certificate. I’ll ask the

Council to continue it to December 6, but that won’t hurt you. You’ll have your Code

Compliance and that doesn’t depend on Council action. So, we’ll deal with that that

way. This Vacant Building registration renewal, I’ll hold off on a decision until we have

this buttoned up and the Certificate is issued.

Stockwell: crossing our fingers that it gets done tomorrow, at what point can I begin

staging?

Moermond: as soon as you have that Code Compliance certificate in your hand.

Stockwell: wonderful.

Referred to the City Council due back on 12/6/2023

RLH VBR

23-69

Appeal of Tamiko V. Trott-Binns and Michael A. Binns to a Vacant

Building Registration Requirement at 1020 and 1022 AURORA

AVENUE.

Balenger

Sponsors:

Waive the Vacant Building fee for 90 days (to February 6, 2024). Allow permits to be

pulled and make property a Category 1 Vacant Building (no Code Compliance

inspection required).

Tamiko Trott-Binns, owner, appeared via phone

[Moermond gives background of appeals process]

Staff report by Supervisor Leanna Shaff: it was before you this last summer under

appeal where it was removed as a Vacant Building and uncertified the property to give

the new property owners the opportunity to repair it. You gave to November 1 for

compliance. Inspector Caballero found the building gutted with lots of open permits.

We referred it to the Vacant Building program since it meets the definition of a Vacant

Building and the deadline given by Council was not met.

Moermond: it was condemned, under chapter 43.

Staff report by Supervisor Matt Dornfeld: we opened a Category 2 Vacant Building on

November 3, 2023 per that referral. The house was found vacant and secure at time of

inspection. Rehab appears to be ongoing.

Moermond: can you tell me where things are at? We have three permits out there,

rough in inspections, one more permit forthcoming. What is going on?

Trott-Binns: I was talking to the Fire Inspector and wasn’t aware I needed to be

communicating with you as well. Upon realizing that it was too late. We purchased it in

July, we did get the November 1 and thought it was realistic at the time. After closing

and getting into it and the correction orders on it, the length of time and putzing with

trying to just repair what was there, we just decided to gut the entire dwelling after we

cleared it out. Pulled for permits for electric, plumbing, roofing, siding we’ve redone.

We had to wait for Xcel to install a new meter. That just got done in October. We’ve

had the framing inspection, electrical inspection, plumbing inspection. We have

started with insulation and looking to call for inspection by end of week to start

drywalling next week. Regarding the correction notice, with us going down to the studs,

those have been corrected since they’ve been removed. The state of the orders are not

the current state of the dwelling. How do we move it from a Category 2 and being

vacant to the state in which it is now?

Moermond: I’m not working against you on this. When I look at this and evaluate the

situation I see it was condemned. A ton has happened. There are permits out there.

The value of the permits is $101,000. A fourth permit still needs to be pulled according

to the notes from Department of Safety & Inspections. The difference between a

Category 1 and Category 2 is whether a Code Compliance Inspection would be

required. You have such substantial permits that you’ll be doing approximately the

same as what the Code Compliance would require anyway and it wouldn’t benefit from

that additional inspection. I’m thinking the wise move for everyone is to make this a

Category 1 Vacant Building. That leaves me with the question of the Vacant Building

fee. The earlier question about timeline and scope, what does that look like in terms of

getting ready to do the work? So, I can think about this in terms of closing permits.

Trott-Binns: could I have had them come out and had them see that all of the items

have been taken care of even though it is not sheetrocked? We put in new plumbing,

bathrooms, kitchen. The flooring we took out. I’m just wondering, it isn’t a Category 1.

We have it to a remodeled building.

Moermond: you’re getting a break by having it be a Category 1. As a condemned

structure that isn’t currently occupied you are, by definition, a Vacant Building. You

were given to November 1 to not have it be that way. It isn’t a judgment about whether

in general the finish line is crossed. The Finish line is having it signed off as ready to

occupy. If you want to present to Council that it shouldn’t be a Category 1 you are

welcome to do so. I asked about your timeline so I could see if a fee waiver is

appropriate so I could help you not have a Vacant Building fee if you can finish sooner

versus later. I’ll ask that one last time.

Trott-Binns: we should be by January.