The council previously voted to have Scott look into possibly declaring the house a public nuisance after a campaign by neighbors to have the city do so. There have been at least 40 arrests at the house since 2013, mostly for drug-related charges and probation violations, according to Willmar Police Chief Jim Felt. An arrest for a felon in possession of a firearm also took place at the residence.
Scott told the council that the owner of the house — who is not accused of any criminal wrongdoing — had communicated through the media that she has taken steps already to take care of the situation. She told the West Central Tribune previously that she had evicted the problem residents and was selling the house.
"And not just that, there are now some concrete steps that we're aware of that seem to validate that intent by the property owner," Scott said, citing that the bottom duplex where most of the complaints originate appears to be vacant and the house is in a pending sale.
The real estate agent responsible for the sale of the house confirmed that a sale is currently pending.
Scott said the house meets the requirements for the city to take action but gave the council four options in light of the fact that the homeowner has potentially solved the issues brought before the council:
- A "wait and see" approach to make sure the homeowner has in fact evicted the problem residents and the house will be sold.
- Make contact with the homeowner and informally let them know of the concerns.
- Authorization to proceed with a formal notice of abatement.
- A criminal referral.
Scott told the council that moving forward with the abatement process would require the city to notify the owner of the issue and give them 30 days to come into compliance before any court action could take place.
Scott also said he does not recommend a criminal referral and that the council doesn't have the power to dictate any prosecutorial decisions.
Scott also told the council that none of the four options opens the city up to any liability.
"They're all legitimate responses to the issue the community group has brought to your attention," Scott said.
All council members voted for the "wait and see" approach, but council member Rick Fagerlie questioned why the house is listed so far below market value, saying, without evidence, that something nefarious may be going on.
"So what kind of game is being played? Are they selling it to a relative and then the tenants will still stay there or what?" Fagerlie said, adding that if there is an ownership change, the city's rental inspection could come into play.
Fagerlie did not respond Tuesday to the West Central Tribune's request for further comment.
Scott confirmed that the city's rental license ordinance would require the property to be inspected but that they were not sure if the potential new owner would seek to rent the property out.
The house is listed for sale at $55,000 and the current assessment of the house puts its taxable market value at $94,600. The real estate listing describes the home as "a project," saying the "lower level needs lots of work" while the "upper level just needs some updating."
Willmar Mayor Marv Calvin told the West Central Tribune on Tuesday that he does not share Fagerlie's concerns. Calvin spoke with the real estate agent Tuesday morning and is satisfied with the progress of the home sale.
"There was a good discussion (at the meeting Monday)," Calvin, who has been a vocal opponent of this process, said, adding that Scott did an excellent job laying out the four options. "The one that they chose, I think, was the right one."
In response to City Council members asking about possibly revisiting the issue if the problem is not solved, Scott said the city has 12 months from the last drug conviction at the residence to pursue abatement and the last drug arrest happened this month.
A consequence of the push to evict the residents is that one of the former residents, Matthew Rorvig, 31, a level three sex offender, now lists his address as homeless, according to Felt. Felt also said that Rorvig did spend the weekend in the Kandiyohi County Jail after being picked up for a probation violation.
Felt had said previously that it’s more difficult to track homeless sex offenders throughout the community and the American Psychological Association has said that housing instability and homelessness may increase the risk of re-offending.
While drug use was a focus of concerns, Rorvig was brought up as an issue by community members and at least one member of the City Council.
During the July 27 Community Development Committee meeting, when its members unanimously voted to recommend to the entire council to have the city attorney look into legal remedies, City Council member Vicki Davis, who is also the committee's vice chair, said getting Rorvig out of the home would "help a lot."
Davis did not respond to a West Central Tribune request for further comment.
Bob Enos, a neighbor of the house in question and the public face of the drive to have the city address the house, declined to comment.
Calvin previously voiced concern, saying that this issue could have been solved with a phone call to the homeowner and questioned whether the City Council will now use this process whenever a resident has an issue with a neighbor, a point he reiterated in a Tuesday phone call with the West Central Tribune.
"I think the community is less safe because we don't know where the sex offender is," Calvin said. "So to me, that makes it more dangerous. He's listed as someone that has a potential of re-offending and that's going to be on the backs of those council members."
Calvin said there's a judicial system and zoning rental inspection program that addresses these issues.
"When we have actions taken because a neighbor doesn't get along with a neighbor, it opens us up to what's next on the docket," Calvin said.
While council member Kathy Schwantes voted to recommend the city attorney look into the issue, she also voiced concerns about possible outcomes.
"If they move to another location in the community, we're starting from ground zero," Schwantes said during the July 27 committee meeting.
Calvin said Tuesday that no council member has talked to him about the fact that a sex offender is now homeless and he thus couldn't speak to whether it's a concern for them.
"I still believe in my heart that people that have served their time have a right to live someplace, and they should be able to live where the law allows them. And that is still my feeling," Calvin said, adding that he's speaking for himself, "and to have somebody listed as a sex offender as homeless, that bothers me greatly and continues to bother me."
Council member Fernando Alvarado, whose ward includes the house in question, wrote via email that some research was done into the sex offender being displaced and that he believes Rorvig's requirements to check in are stricter and can lead to jail time if he does not follow them.
"I believe the actions by the citizens created the outcome that they were hoping for. We did not close the door on future actions by the City Council and waiting to see the outcome of the sale of the home is a viable and real option," Alvarado wrote. "I believe that is respecting the process."
Alvarado wrote that it's too early to speculate on how everything will proceed and what option the council will ultimately choose.
"We will not do this without reviewing the process and facts thoroughly before proceeding," Alvarado wrote.
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Willmar City Council votes to 'wait and see' about problem house on Trott Avenue - West Central Tribune
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