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Posts about Complaint sagas

Garage is eyesore no more

Posted by: Jane Friedmann Updated: December 4, 2012 - 4:26 PM

Whistleblower recently wrote about a garage in north Minneapolis that has been a thorn in the side of neighbors for years. Over time the structure went from barely passable to almost pass-throughable - thanks to a hole in the side.

Neighbors tried to talk with those living at 2901 Dupont Av. N. about the problem and made repeated calls to the city. The city, for its part, sent out inspectors and issued citations and fines. Most citations went unaddressed and fines went unpaid, though the homeowner did correct some violations by cutting tall grass and picking up trash.

But the garage was never repaired, even after a car smashed into it a couple years ago and a thief earlier this year used a truck to yank a motorcycle through a hole in a side wall, sending studs and siding flying. Short of imminent hazards, the city said it can't repair or tear down privately-owned structures without owners' permission.

Officials recently obtained permission to tear down the parts of the garage that hadn't yet succumbed to gravity or vandalism, and by 8:15 a.m. Tuesday, a contractor had wiped all record of the structure off the face of the block. It's unclear whether hazmat suits were required for removal of the knee-high debris festering inside.

"We’re very excited," neighbor Mary Rice said about the end results. "The first thing I did was I went across the street and told Pastor Dale [at St. Olaf Lutheran Church] and he thought that was great. ... Then I just sent a little blurb to [council member] Diane Hofstede saying 'Garage is down, hallelujah.'"

Mary quickly transitioned from elation to reality. "Here’s the thing though," she said. "You see it took four years. Every time we do something around here it takes three and four years. But we persist. And we finally get it done, but it takes so long. This time I know it was calling the mayor and calling you. That’s what did it. Because it wouldn’t have happened otherwise."
Garage BEFORE, with neighbor Mary Rice

Garage BEFORE, with neighbor Mary Rice


Garage AFTER

Garage AFTER


Fines accrue, but north Minneapolis garage remains an eyesore

Posted by: Jane Friedmann Updated: November 26, 2012 - 10:36 AM
On Sunday, Whistleblower wrote about a garage in disrepair and the city's response to neighbor's complaints. To see a photo of the garage and to see comments added to the originally-posted article, click here.
Mary Rice and her north Minneapolis neighbors have watched the garage at 2901 Dupont Av. N. deteriorate into a ramshackle eyesore over the past four years.
A car crashed into it awhile back, tearing a hole in a wall big enough for an adult to pass through. The hole was never repaired.
Transients found shelter in the Hawthorne neighborhood garage. Children used the refuse-filled interior as a playhouse. Drunks staggered in and pot smoke wafted out.
The ultimate indignity occurred in early 2012 when a thief hooked a chain from his truck to a motorcycle inside the garage. He then yanked the motorcycle through the side wall, ripping out studs in the process and sending debris flying.
Rice and others on the block repeatedly lodged complaints with city regulators but the garage remained unrepaired.
"It's mind-boggling to me how this could be allowed to go on for so long," said neighbor Jeff Larson.
On Tuesday, Third Ward Council Member Diane Hofstede told attendees at a nearby block club meeting that, at long last, the garage may soon be demolished.
Teressa McBeath bought the property in 2003 for $130,000, according to public records. She and a man registered as living at the house could not be reached for comment.
Many city citations ignored
In 2006, the city issued the first of dozens of citations to McBeath for tall grass, weeds, garage maintenance and an assortment of debris in the yard.
A year later, McBeath was put on a special list that allows the city to correct violations and charge the work to her, even before alerting her to the violation, according to Department of Regulatory Services employee Louann Wright. In McBeath's case, contractors only mowed grass and picked up garbage, leaving the garage untouched.
"The city does not make repairs to the property structures, except in emergency cases such as demolitions," city spokesman Matt Lindstrom said.
Despite its gaping hole and missing studs, inspectors determined that the garage didn't meet the criteria for an emergency demolition, according to Lindstrom. Emergency demolitions apply only to unsafe, hazardous or nuisance structures. Without an inspector's ruling, the city needed McBeath's permission to tear it down.
Larson said the city should have demolished or repaired it because it was unsafe. "Kids getting up on the roof [and] going in there. The transients getting in there. [It's] not safe for kids playing around," Larson said.
In December 2009, the city ordered McBeath to repair the garage. In November 2011, the city ordered her to "wreck and remove the garage/shed in a professional manner." Neither order has been met.
In recent months, the city attempted to get hold of McBeath to authorize a demolition, but was unsuccessful until two weeks ago. McBeath agreed to let the city remove the garage. Once she signs a consent form, a city contractor will do the work. The cost of removal will be assessed to her property taxes.
In early 2012, the city's 311 operators told both Rice and Larson to stop calling; The city knew of the problem and the neighbors' complaints would no longer be logged.
"If an existing violation order is open, then a duplicate complaint would not be created," Lindstrom explained.
Response was incorrect
But Hofstede told block club members the response by 311 operators "is absolutely unacceptable." The 311 system records the number of calls made on each issue. "[Calling] is what determines action and resources," Hofstede said.
"[The neighbors] are very engaged as we are asking them to be engaged and we are not able to make it work for some reason," Hofstede said.
Block club attendees blame their location. "The only reason they haven't done anything about it is because of our neighborhood. If it was southwest Minneapolis, it would be taken care of right away," said Dale Hulme, pastor at nearby St. Olaf Lutheran Church.
Owner owes back taxes
"We could have bought a new garage for the amount of time and money [the city has] spent on this," Hofstede said. "Basically, this is a very expensive example of something not working."
Since 2006, McBeath has been fined $16,594.50 for failing to correct violations. Most of that was assessed to her property taxes after she failed to pay, city records show.
Currently, McBeath owes $11,225.56 in back taxes, dating to 2010, according to Ken Rowe, a manager for Hennepin County Taxpayer Services. An additional $4,742.50 in fines for property violations has yet to be added to her taxes.
Hennepin County received a judgment against the property in April 2011. "Unless the delinquent taxes are paid in full before the expiration of the redemption period in the spring of 2014, the parcel will forfeit to the state," Rowe said.
A block club member suggested that with the property razed, three contiguous empty lots would make for an attractive development opportunity.
"Who would build here?" Rice asked the group.
No one had an answer.

A draining war between couple and Blaine

Posted by: Jane Friedmann Updated: July 30, 2012 - 10:43 AM

To add your voice to the discussion on this story, click here to go to the original posting.

Gerry and Margie Richels have been fighting an uphill battle with Blaine City Hall for almost two years.

Their property used to be at a higher elevation than the land next to them. But since the city allowed a developer to raise the elevation 6 feet and build houses on it, water and silt washes down into the Richels' yard.

Richels, a retired engineer, had warned that such a thing might happen when he caught wind of the project, but the city promised him it wouldn't. His frequent complaints to City Hall since then have prompted numerous attempts to stop the erosion and drainage trouble, but he's still not satisfied -- especially since the city allowed the berm to be built right up to Richels' property line, despite a standard calling for a 3-foot setback.

City officials, for their part, are exasperated with Richels. One council member calls it the "project from hell."

Mayor Tom Ryan acknowledges that since the townhouses were built, "it's a 6-foot drop right onto his property. It's steep." But he indicated Richels is in good company. "Drainage problems in this city are pretty typical."

They're also a frequent source of conflict among neighbors.

"Property owners have the right to drain water from their property onto their neighbor's, as long as it doesn't unreasonably damage their neighbors'," said Adam A. Ripple, a lawyer at Rinke Noonan, a St. Cloud firm that specializes in these kinds of disputes. "That, as you can imagine, does nothing but breed litigation and arguments. There's usually not a clear-cut way to resolve issues if you have folks that don't want to work together toward a common solution."

At this point, the city and the Richelses seem far apart.

When Richels bought his property in 1998, his next-door neighbor was a farm. There's disagreement about which way the water used to flow -- the mayor says that the farmland drained onto Richels' property, but a hydrologist hired by Richels concluded the water used to drain in the other direction.

In 2006, when Merit Development Co. Inc. went before the planning commission for zoning approval to build on the site, Richels expressed his concerns about runoff. Commission meeting minutes show that the city's project coordinator, Tom Scott, said "that it will be looked at with the grading plan to be sure there will be no runoff water running into Mr. Richels property."

Minks Custom Homes Inc. later became the developer. When nearby houses were built and dirt was graded two years ago, the yards for two houses abutting Richels' land were graded to slope down to the property line. While city engineering standards recommend a 3-foot setback for retaining walls from property lines, city manager Clark Arneson said those rules are "standards, not ordinances or statutes."

One home's downspouts directed water down the slope. With silt accumulated in his yard, Richels contacted the city with his objections.

The city directed the builder to undertake a series of remedial efforts. A swaled berm that slanted at 45 degrees, ending at the property line. A new gutter. Redirected downspouts. A double row of rocks on the hillside.

The measures helped, but the runoff continued.

Richels dogged city staff and council members with e-mails and phone calls as the berm's sod sagged and failed to take hold. Contractors repeatedly entered his property to collect debris or add another layer of dirt and sod to the berm.

This year, when the city sought permission to enter his property to plant seed for native plants, which they said would solve the problem once and for all, Richels said no.

A city engineer said the work could only safely be done from the bottom of the steep slope, but Richels told the engineer to ask the person who approved the project how to maintain the berm from the owner's property.

"Like any organization, you're going to have situations where mistakes happen," David Clark, a city councilman, said. If a project "can't be brought into compliance reasonably, then some other accommodation is generally worked out."

But Ryan, the mayor, feels the city has done everything it can to try to fix the problem, short of tearing down a house or building "the foolishest-looking [retaining wall] you've ever seen."

"I don't think he wants that," he said.

But Richels does want that.

In July 2011, he proposed a solution based on his reading of city rules: A 3-foot setback, a 4-foot-high retaining wall and a swale leading to a city sewer nearby. The idea gained no traction.

"I've lost over 200 hours in this. I've lost sleep over this because I wake up at night wondering how to get this fixed," Richels said.

Finger-pointing hinders track, road repairs

Posted by: Kelly Smith Updated: April 10, 2012 - 9:40 AM

If you missed Sunday's Whistleblower article, here it is. To add to the discussion, go to the original article.


Rotting wooden railroad ties and crumbling asphalt have long created a bumpy ride for south Minneapolis drivers and bicyclists traveling E. 35th Street near the grain elevators off Hiawatha Avenue.

But while minor patches were made last week, it's not clear when the road hazard will get a permanent repair. Doing so will require cooperation between three companies and the city, but for the moment, the groups are pointing fingers at each other over who will shoulder the biggest burden of the estimated $400,000 cost.

The seven sets of railroad tracks crossed by 35th Street are owned by General Mills, Archer Daniels Midland Co. and Minnesota Commercial Railroad -- with the city owning areas on both sides of the tracks. The railroad, which is coordinating work among the companies, and the city disagree on how much both sides owe.

Wayne Hall Jr., director of operations and industrial development for Minnesota Commercial Railroad, said it's up to the city to request the concrete work and pay a majority of the money.

"The city has a large obligation," Hall said. "There are four different ownerships there. It's just a matter of working together."

But City Council Member Gary Schiff said the three companies should make the repairs. He said the city has received dozens of complaints the last 10 years about the railroad crossing's disrepair from drivers and bikers.

Ed Dillon, an avid bicyclist who lives off 35th Street, said the crossing was a "significant danger" because wheels could get stuck in the ruts.

"It's kind of absurd that it's such an awful situation," Dillon said. "It can't be much [money to fix] compared to other things in the city."

Last month, the Minnesota Commercial Railroad received 20 to 25 complaints, Hall said, after Schiff encouraged residents to voice their discontent. As a result, last week, workers with the city and the three companies removed rotting wood timbers and filled potholes and spaces next to the tracks with asphalt. The total cost of the repairs wasn't clear, but Hall said the railroad's share of work to repair one of the seven tracks cost $5,100.

It's not the concrete fix that residents like Dillon want. Last week, cars still slowed as they rocked up and down, hitting the bumps and crevices of the crossing.

"Most drivers will not notice a significant difference," Schiff said. "It's still a bumpy ride. The neighborhood still needs the long-term solution."

Heidi Hamilton, the city's deputy public works director, said a similar situation at 32nd Street was swiftly smoothed with concrete in 2006 thanks to a one-time federal grant. The 35th Street crossing doesn't qualify for federal aid, she said, but discussions about finding money for a long-term fix are just beginning.

"To coordinate everybody's budgets and schedules, it's a challenge," she said.

The railroad collaborates with several metro area counties and the state when it rebuilds crossings. This time, though, Hall said city leaders never approached the railroad about installing concrete. Instead, the first time they heard about the issue was through complaints referred by Schiff.

"There was a lack of communication," Hall said. "We work great with municipalities. This one kind of upset us the way it was handled."

For mechanics at Alexander's Import Auto Repair, located next to the tracks, the rough crossing isn't all bad. They've collected half a dozen wheel covers that have shaken off cars rattling over the tracks, owner Dan Swenson said.

"We're relieved," he said of the possibility of a smoother commute, "but it takes some business from us." • Twitter: @kellystrib

Paperwork keeps aid from needy

Posted by: Kelly Smith Updated: April 3, 2012 - 10:28 AM

If you missed Sunday's Whistleblower column, here it is. To add to the discussion, go to the original article.

A paperwork pileup has left some of the neediest Rice County families waiting for weeks for food assistance and health insurance.

The social services backlog in the county, which includes Faribault and Northfield, has prompted concerned residents and community leaders to press county commissioners to make the paperwork processing more efficient.

County officials argue that they're trying to keep up with an unprecedented spike in social services applications since the economic downturn took a toll on families' finances. They say they have taken extra steps this month to unclog the system, including getting help from the Minnesota Department of Human Services.

"We're caught up," Rice County Social Services Director Mark Shaw said last week, "and we want to stay caught up."

Last summer, social services clients started complaining to people like Jim Blaha, executive director of the Community Action Center in Northfield, a nonprofit that provides food, clothing and other temporary support to families. He said he's heard from about 50 Rice County residents waiting an extra six weeks to five months for benefits due to processing delays.

"This is an abominable situation ... probably the worst the state has seen," Blaha said. "If [assistance] isn't restored right away, what are you supposed to do? It's back to square zero. It's a very tense situation for clients."

The state Department of Human Services received 38 complaints in the past six months from Rice County about delays in food assistance applications, a spokesman said, and the state set up a 30-day hotline for Rice County to help respond to questions. In addition, four state employees worked two days in Rice County to help. Ten employees from other counties also worked Saturdays through March 24 to alleviate the backlog.

But now, social services advocates say they fear the county won't be caught up for long if it doesn't add staff and resources to social services.

"They've done a lot of stop-gap things," said Bob Griggs, a pastor at First United Church of Christ in Northfield. "I would be concerned the problem simply isn't going to reemerge."

Most benefits applications have to be processed within 30 days, such as food assistance through the federal Supplemental Nutrition Assistance Program, but there are no state-initiated fiscal sanctions in place if counties miss the deadlines, the state department said. Counties with processing rates under 95 percent are required to develop and implement a corrective action plan.

Shaw said his office aims to process all food and cash applications within 30 days and health assistance within 45 days, but "I think we're challenged with the capacity and case load we have," he said.

The 6,400 social services cases they have open now is 33 percent more than four years ago. While his staff was increased by two last year to about 20 staffers who handle applications, he said they logged 1,100 hours of overtime.

"Could I have extra staff? It would certainly not hurt," he said.

One long-term solution could be on the horizon. Rice is among 12 counties discussing sharing services regionally. If approved by each county, Shaw said, it wouldn't take effect for three to four years. Twitter: @kellystrib


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