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98-677City o£ St. Paul COUNC F E N. q8 - 4 �_� �� RESOLt3TION RATIFYING ASSESSMENT By ,/ File No. 9801T Assessment No. 9038 Voting Ward In the matter of the assessment of bene£its, cost and expenses for 6 Removal of diseased trees. Preliminary Order: Final Order XXXXXX XXXXXX approved: �xxxxxx approved: xxxxxx A public hearing having been had upon the assessment for the above improvement, and said assessment having been further considered by the Council, and having been considered finally satisfactory, therefore, be it RESOLVED, That the said assessment be and the same is hereby in all respects ratified. RESOLVED FURTHER, That the said assessment be and it is hereby determined to be payable in five equal installments. COUNCILPERSON Yea� Nays ✓ enanav �lakey ostrom Coleman ✓Harris ,�Lantry �eiter �In Favor �Against Adopted by the Council: Date aa � q�(d' Certified Passes by Council Secretary � \ � TO LEGISLATIVE HEARING OFFICER - JULY 7, 1998 PUBLIC HEARING DATE - JULY 22, 1998 T.M.S./REAL ESTATE DIVISION Roxanna F1ink`j(D 266/8859 be OII 15/98 TOTAL # OF SIGNATURE PAGES RE 5/15/98 5/15/98 � GREEN SHEET INITIAL/DATE — Q DEPARTMENT DIRECTOR ASSIGN � CITV AiTORNEY NUNBER FOR � BUDGET OIRECTOR NOUTING OflDER � MAVpR (OR ASSISTAIJn (CLIP ALL LOCATIONS FOR SIGNATURE) N°_ 50125 �� -I.�M INRIAL/DATE � qTYGOUNCIL � CITY CLERK � FIN. 8 MGT. SERVICES �IR. C,L�-Ceunc.i� R��-^� 1. Setting date of public hearing to assess removal of diseased trees. 2. Approve assmts for the removal of diseased trees. File 9801T (9038) RECAMMENDATONS AOPro�e (A) or Reject (R) _ PLANNMG CAMMISSION _ CIVIL SERVICE COMMISSION _CIBCOMMITfEE A Forestry A STAFF _ _ oisrnicrcouar _ SUPPORTS WHICH COUNqL OBJECTIVE? Ward 6 PERSONAL SERVICE CON7RACTS MUST ANSWER THE FOLLOWING �UESTIONS: 7. Has this Derson/firm ever worketl undar a contract for this tlepartmentt VES NO 2. Has this personlfirm ever heen a city employee? VES NO 3. Does [his personttirm possess e skill not normally possessetl by any curtent ciry employee? VES NO Explain ali yes answen on seperate aheet and ettach to green shcet Property owners have not taken the proper action to have their diseased tree(s) removed from their property after Eorestry marked the trees for removal. Cost recovery program to recover expenses for the removal of diseased trees. If Council does not approve these charges, General Fund would be required to pay the assessment. Assessments are payable over a 5 year peroid with a portion collected on the property taxes until all is paid including interest. ISisease can spread to neighboring trees and in time they have to be removed also. Councii Researcia Genter , , �_� AMOUNTOFTRANSACTION S 1'612.$� FUNDIfJGSOURCE Assessments only F�NANCIAL INFORMATION: (EXPLAIN) 10 property owners will be COST/REVENUE BUDGE7ED (CIRCLE ONE) YES \ ACTIVITY NUMBER of the and � NO City of St. Paul APPROVING ASSESSMENT AN1) FIRZNG TZME OF BEARING TFiEREON COUNCI FILE NO. �p � �.a� By /'2`� File No. 9801T Assessment No. 9038 Voting Ward In the matter of the assessment of bene£its, cost and expenses for 6 Removal of diseased trees. Preliminary Order: _xxxxxx approved: _xxxxxx Final Order xxxxxx approved: �xxxxxx 9Y-��1 � \ The assessment of benefits, cost and expenses for and in connection with the above improvement having been submitted to the Council, and the Council having considered same and found the said assessment satisfactory, therefore, be it RESOLVED, That the said assessment be and the same is hereby in all respects approved. RESOLVED FURTHER, That a public hearing be had on said assessment on the ZZth dav of July� 1998 at the hour of 5•30 o'clock P.M. in the Council Chamber of the Court House and City Hall Building, in the City of St. Paul; that the Valuation and Assessment Engineer give notice o£ said meetings, as required by the Chaster, stating in said notice the time and place of hearing, the nature o£ the improvement, and the amount assessed against the lot or lots of the particular owner to whom the notice is directed. COUNCILPERSON Yeas Nays ✓&enanav Bl a ke y AY�-: <.,.�' Bostrom -'AYx L ,�'r ✓Coleman ✓Harris S Tn Favor ,�antry ,�Reiter C� Against Adopted by the Council: Date y qd' Certified Passed by Council Secretar B �' ��—� c�- . �.v� � .., Mayor � AbSet�� City of St. Paul Real Estate Division Dept, o£ Technology & Management Serv REPORT OF COMPLETION OF COUNCIL FILE NO._ File No. 9801T Assessment No._9038 Voting Ward In the matter of the assessment o£ benefits, cost and expenses £or 6 Removal of diseased trees. Preliminary Order: xxxxxx Final Order xxxxxx To the Council of the City of St. Paul approved: approved XXXXXX XXXXXX a� �� The Valuation and Assessment Engineer hereby reports to the Council the following as a statement of the expenditures necessarily incurred for and in connection with the making of the above improvement, viz: Total construction costs Engineering and Inspection Valuation and Assessment Services Administration Charge - Public Health Administration Fee - Water Dept. Administration Service Charge Abatement Service Charge TOTAL EXPENDITURES Charge To: Net Assessment $1,462.87 $ $ S S S $_150. 00 $1,612.87 $ $ $1,612.87 Said Valuation and Assessment Engineer further reports that he has assessed and levied the total amount as above ascertained, to-wit: the sum of 51,612.87 upon each and every lot, part or parcel of land deemed benefited by the said improvement, and in the case of each lot, part or parcel of land in accordance with the benefits conferred thereon; that the said assessment has been completed, and that hereto attached, identified by the signature of the said Valuation and Assessment Engineer, and made a part hereof, is the said assessment as completed by him, and which is herewith submitted to the Council for such action thereon as may be considered proper. Dated ,j 6 " ! � --�� ..� �,. � �l ` i ' and Assessment Engineer % ��. a� -�''� REPORT OF THE LEGISLATIVE HEARING FOR 7-14-98 Page 2 5. Summary Abatement Appeal for 328 Lexington Parkway North (Rescheduled from 6-16-98) Legislative Hearing Officer recommends denying the appeal, however the owner will work with Code Enforcement to come up with an inexpensive solution. 6. Summary Abatement Appeal for 1868 Pinehurst Avenue Legislative Hearing Officer recommends denying the appeal. � 7. File 9801T - Removal of Diseased Trees from private properry Legislative Hearing Officer recommends approval of the assessments. N C-7 V H > C w ti H Z G:7 U z .� U C �G�- G 2 U P. � t: F r�-+ H 2 Q � � F L U F OZ V1 rz H c�'-. a U � � O 2 L-7 � � � L-.7 Q � 0 2 L C d E N N d N m C \ O 0 z d 'i M L 0 z L U vi L L N H Ca .-i 5"� u G 7 0 U .'�. M U 0 z ri M u � ' O U 00 C ,i C C � �--I a U rl l� i.1 N rl C7 y U a� a � H C..) G • u+ E I +� a+ a+ +� C� O O W k. W W 0..' C.7 Z I I N N tll N aJ N N N Vl +� +� U U'U 61 61 Sr. C'r d N N N N • • +--� N N N N O' C'. O CC<Gv�v� i+ s,�,�,s.s.ws.s+ws, a d 01 U d Cl Cl 01 O! 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F � O� � f� 1' � W 6 O Q O p� W 6 O Q O p� w d O 4 O �� v w� �fin ao z�� fin ao z� i-fvinoz � •• z�¢wo ow�¢wo ow�¢wo ow� a � .-xoro n � � xo �o n � �-xo �-ou � � O i Vl W O N* * ln W O Vl ie y �(A W O(n ## � I� O II t� N O 11 fO • II N O II N b � I� � v � n �O •W II . II� � 11� 1 II n 11 � I I J 11 W I I U II K II Q I I d II II F- w n n (� u F J K 11 W Q Q II X > x I I W OfJ 11 E 11 P W W 11 J K U il Q `. II ti w �i 11 O N W K 11 F J 1' W 11 W 1— lA II F Ll I� (J K a � 11 W Q a n � a r i- ii o 0 o n z o .-r n a � �� ,�`�� Interdepartmental Memorandum ClTY OF SAINT PAUL To: Gerry Strathman Council Research Office 31 o City Hall Dave Sundmazk Forestry Division 1224 Lexington Pkwy N Saint Paul, MN 55103 From: Roxanna Flink `Q� Assessment Supervisor 140 City Hall Date: May 11, 1998 Subject: Removal of Diseased Trees File 9801T - Removai of Diseased Trees from private properiy. Attached is a copy of the above assessment file scheduled before Council on July 22, 1998. Ten (10) properties will be notified of these assessments. ,y A Legislative Hearing is scheduled for Tuesday, 7u1y�9., 1998 at 10:00 A.M. If you have any questions, please call me at 266-8859. : � a �,�� Attach. � -�7� �\ , MINUTES OF THE LEGISLATIVS HEARING July 14, 1998 Room 330, City Hall Gerry Strathman, L,egisiaUve Hearing Officer STAFF PRESENT: Cecily Dewing, Public Works; Roxanna Flink, Real Estate; Brian Krawiecki, License, Inspection, Environmental Protection (LIEP); Fred Owusu, City Clerk's Office; Gary Pechmann, LIEP; Steve Roy, LIEP; Guy Willits, Public Health. Note: 1564 Upper Afton Road and 392 University Avenue West aze Properry Code Enforcement Appeals. Gerry Strathman, L.egislative Hearing Officer, called the meeting to order at 10:02 a.m. 1004 .Tessamine Avenue East Ray Simpson, owner, appeazed and stated he researched the law and understands everything here is conect. He did not own the house when this assessment happened. Most of the charges are for storage. Gerry Strathman asked was this assessment revealed at the time of the closing. Mr. Simpson responded it was a contract cancellation, there was no closing, and research was not done. Guy Willits reported the vehicle was salvaged for $75. The excess cost of $597.55 is what was left over for storage and salvage costs. Gerry Strathman stated the City is technically correct, however the storage costs can be too high. Gerry Strathman recommends cutting the storage fee in half from $550 to $275 and leaving the service and tow fees the same, which brings the assessment to a total of $360.55. 96 Robie Street Marcos Warner, Executive Director of the Neighborhood Development Alliance, appeared and stated the alliance works with the district council on the West Side. The alliance is trying to identify sites for appropriated affordable housing options. Mr. Warner requests the City consider waiving or lowering the cost of demolition due to the total proposed development cost of putting a new single family house on this lot. Gerry Strathman recommends denying the appeal and approval of the assessment. These are direct costs incurred by the city and Mr. Strathman does not have the authority to waive or reduce the amount. Marcos Warner should consult a councilmember on the subject. Also, Mr. Warner should submit something in writing by noon of July 16, and Mr. Strathman will make sure it goes to the councilmembers via the Suly 22 City Council meeting information. q a � 77 NIII�tLJTES OF THE LEGISLATTVB HEARIIVG OF 7-14-98 Page 2 1076 Wakefield Avenue Mike Schuman, owner, appeared and stated this is supposedly about an abandoned vehicle in his yard, but he does not think there was an abandoned vehicle. Guy Willits reported that orders were issued and posted on the door to remove two vehicies. The owner was to comply by November 1, 1997. The residence was rechecked on November 4, 1997 and Code Enforcement did the work on November 19. Mike Schuman asked what vehicle was towed. Mr. Willits responded a mazoon Buick with no plates and showed Mr. Schuman a picture. Mr. Schuman stated he thought that vehicle was gone a yeaz ago. Gerry 5trathman stated notice was given and the vehicle was towed. Mike Schuman responded that he never received a nouce. Mr. Strathman stated it indicates that a notice was mailed and posted on the door, therefore somebody got it. Mr. Strathman asked why the vehicle was not picked up after it was towed. Mr. Schuman responded he did not have the title and would have to get insurance. Gerry 5trathman recommends denying the appeal and approval of the assessment. 943 Wilson Avenue No one appeazed. Gerry Strathman recommends denying the appeal and approval of the assessment. 2027 Arlin¢ton Avenue East Jeff Lavik, owner, appeazed. Guy Willits reported a complaint was received on June l, 1998 far tall grass and weeds and downed branches from a storm. On June 4, orders were issued and posted on the door. The residence was rechecked on June 12; everything was taken care of. Gerry Strathman asked why is there an appeal if the matter was dealt with. Jeff Lavik responded he has a complaint against the City and would like to speak before the Council. Mr. Lavik submitted a letter to Mr. Strathman. Mr. Strathman stated he would include the letter in the July 22 City Council meeting information. File closed. No action needed. q�-�� MINLTTES OF TFIE LEGISLATIVE HEARING OF 7-14-98 Page 3 53 Dale Street North 3eanette Kau�man, owner, appeazed. Guy Willits reported he received a compiaint on June 4, 1998. The inspector went out on June 9, and posted the door to cut tall grass and weeds. Pictures were presented to Gerry Strathman. 7eanzette Kaminan stated she was out on October 15 and there were no weeds and a sign was still put on the door. She feeis this is harassment. Ms. Kamman stated Carolyn Shepherd from Code Enforcement has been tormenting people for yeazs and Ms. Shepherd has no sense of values for flowers that were planted. This has been going on since 1993. 1VIs. Kammen planted flowers, including plastic ones, and they were all cut. A rock gazden was also planted. Ms. Kammen stated she would like Fred Owusu to speak for her. An unidentified woman appeared and stated the health inspectors do not consider themselves civil servants. They come with an adversarial atfitude which does not help at all. This woman spoke about some issues she has had with Code Enforcement. Gerry Strathman asked Fred Owusu what he knew about this issue. Fred Owusu, City Clerk, appeazed and stated he told Jeannette Kammen he would appear at the meeting. He just saw the photos now. Guy Willits reported the building is a side by side. One is a registered vacant building and that is why it is monitared regulazly. The pictures speak for themselves. Most of the flowers planted in the yazd aze artificial. The grass is knee high. This is an ongoing situation. Gerry Strathman asked why the grass is not cut. Jeannette Ku7uiien responded there is no grass. Mr. Strathman stated there is something growing there that is 10 inches high. Gerry Strathman recommends denying the appeal. Fred Owusu met with the owner and provided further assistance. 1005 Jessie Avenue Susan Mercurio, owner, appeared and stated she had a code compliance inspection that requires her to remove all the toilets. Guy Willits reported the problem has been taken care of. Susan Mercurio stated she is here to register her displeasure with the City of Saint Paul. The toilet was outside for three hours. Within that time, Code Enforcement put a summary abatement on her door. Ms. Mercurio feels that her house is being targeted. Guy Willits reported this is a registered vacant building. Code Enforcement does not pick times; inspections aze done about every two to three weeks. File closed. No action needed. qa �77 MINLTTES OF THE I.EGISLATIVE HEARING OF 7-14-98 Page 4 328 Le�n¢ton Parkwav North (Rescheduled from 6-16-98) Mohammed Shahiduilah stated when the building was demolished, the fence was demolished also. Guy Willits reported there is a lot of parking on the lot. Code Enforcement wants the contractor that demolished the building to put ground cover down because now it is all dirt. There needs to be some type of barrier to block off another lot. Also, the dumpster should be off the lot. Once that is all done, the contractor can come in and do what needs to be done. Gerry Strathman stated wheel stops could be used. A fence is not necessarily needed. Mr. Strathman suggested Mohamined Shahiduliah work with Guy Willits to come up with a solution that will not be expensive. Gerry Strathman recommends denying the appeal, however the owner will work with Code Bnforcement to come up with an inexpensive solution. 1868 Pinehurst Avenue No one appeared. Gerry Strathman recommends denying the appeal. 392 Universitv Avenue West 5teve Roy, Health Inspector, reported Hursch Stampky owns a mobile food vehicle that has been on a lot. State Statute prohibits a food vehicle from being at any one location for 14 days. The last L.egislature changed it to 21 days. The City ordinance can be more restrictive but not less. Mr. Roy and Mr. Stampky had a discussion about the 14 days. Mr. Stampky said at that time that he was not getting sufficient income, was planning to sell the trailer, and asked to stay until the end of June. Mr. Roy told Mr. Stampky that it might be possible to do that. Mr. Stampky called a day or two later and said he changed his mind, he was not going to move the trailer, and would appealthe State Statute. Gerry Strathman stated all the appeals he heazs aze with respect to City ordinances. Mr. Strathman asked what is the process for appealing State Law actions. Gary Pechmann responded he did not know if there was an action to appeal a State Statute. Mr. Strathman asked did the City Attorney discuss the enforcement process. Steve Roy responded the City Attorney did not feel the Legislative Heazing Officer had the power to waive State law but could review the case to detertnine if LIEP has followed due process. Gerry Strathman asked was Hursch Stampky notified of State law on a number of occasions and given an opporiunity to correct. Gary Pechmann responded yes. q� �� MINCITES OF TFiE LEGISLATIVE HEARING OF 7-14-98 Page 5 Hursch Stampky stated he is here for clarification because when he built the trailer, he asked Steve Roy what to do to make everything legal. Mr. Roy told Mr. Stampky he needed a blueprint of the trailer, NSF approved equipment, four compartment sink, etc. This was done. LIEP never considered the State. Mr. Stampky stated he was not told how far he has to move, are the bathroom facilities he is being told to provide for the public or employees. Mr. Stampley stated LIEP does not seem to be cleaz on the top. The National Restaurant Association is looking into the entire matter. Mr. Stampky stated he does not want to be singied out. At the Farmer's Mazket, there is a bazbecue trailer that appeazs at the same locafion every week. Mr. Stampky stated he wants to make sure he is being treated fairly. He presented pictures to Mr. Strathman taken July 11 showing a trailer at the Farmer's Market. Steve Roy reported he advised Hursch Stampky that if he wanted to have a restaurant, that he would have to build one. He cannot stay at one place in a trailer. That means he has to permanent connections to sewer, water, and electricity. Mr. Stampky asked can he move a half block every 21 days. Mr. Roy responded if Mr. Stampky can get pernussion to move it half a block away on another pazcel of land, then he can do that. Hursch Stampky asked how can the owner of the trailer at the Farmer's Market keep it there. Steve Roy responded there was also a man that had a trailer at Cub Food. He was given the same order; and his operation is no longer there. There was another man that had a barbecue business in a grocery stare pazking lot. He was given the same order, and his operation is no longer there. Mr. Roy stated he was aware of the operation at the Farmer's Mazket very recently. The owner had given the impression his operation was for special events. He has since been ordered to advise LIEP what 21 days he wants to use during the yeaz, and it will be enforced. Hursch Stampky asked where it is in the State Statute that he has to move to a different spot. Steve Roy stated it is Chapter 157 of the State Statute. Gary Pechman gave Mr. Stampky a copy of the State Statute. Gerry Strathman denied the appeal. 1564 t)nner Afton Road. Richard Dufresne and Susanne Bothke, owner's son and daughter, appeared. Mr. Dufresne stated his parents are in an extended living situation now and cannot be here. A notice was received to have a sewer installed which cunently has a cesspool system. Mr. Dufresne is trying to discover the extent of work that would be necessary and the cost. They are getting ready to sell the home. There aze some complications on the site. There is an 18 foot right of way to Upper Afton Road which extends back into the property about 250 feet before it expands to the larger acreage. It has a limited access to Upper Afton. There are currendy gas and water lines. This house sits from 550 to 600 feet back from Upper Afton Road. The issue involved would be tearing up the floor and rerouting the plumbing under the floor to be able to go out to the street side of the house. There is an alternative to make another connection to Dover Court. It would MIIVLTTES OF THE L.EGISLATTVE HEARING OF 7-14-98 Page 6 be less complicated in terms of an 18 foot right of way. The neighbors indicated they would allow them to do that. Mr. Dufresne would need to get pernussion to connect to that location. However, they were told Dover Court is not an option. Right now, the excavation would be at least 30 feet which far exceeds the width of the easement. Mr. Strathman asked why 30 feet is needed. Mr. Dufresne responded it would be an OSHA required excavation. The width has to be twice as side as the depth. Also, the driveway is lined with mature elm trees. Gerry Strathman asked approximately how much this may cost. Robert Dufresne responded his contractor would not give an estimate until he had more information, but Mr. Dufresne estimated between $30,000 and $50,000. It would invoive a lift station, sheet piling, tree removal, and repaving. Susanne Bothke added driveway replacement. Brian Krawiecki reported in December 1997, a report was received that the individual sewage system consisted of a cesspool. Tom Leclair issued an order to make a connection to the sewer. The system accepts sewage but does not treat the sewage. Untreated sewage could get into the ground water. Cecily Dewing reported the sewer is available on Dover Court. Susanne Bothke stated she called and was told she could only hook up to Upper Afton Road. Ms. Dewing stated her thought is the house could be connected to either spot. Dover is a shorter distance. Robert Dufresne stated that would eliminate part of the problem. More easement rights might have to be obtained from a neighbor. Gerry Strathman asked putting the city ordinance aside, could the current cesspool be replaced with an accessible system. Brian Krawiecki responded the area of the property would indicate that, but it depends on the topography, the type of soil, and that would have to be designed by a professional. Robert Dufresne stated there is a property in that immediate area that has gone through this process, was not required to make the connection, and con6nues to live with the cesspool system. Gerry Strathman laid over to the September 15 I.egislative Hearing. He would like to allow extra 5me for the owner to do two things: 1) explore the possibility of connecting to the other sewer line, 2) investigate if a proper system could be installed. F�le 9801T - Removal of Diseased Trees from private prouertv No appeals were filed. Gerry Strathman recommends approval of the assessments. The meeting was adjourned at 11:34 a.m. Council File # � � � � `� A Green Sheet # 62351 Presanrea RESOLUTION CITY OF SAINT PAUL, MINNESOTA Referred To Committee Date 1 BE TI' RESOLVED, that the Saint Paul City Council appoints Councilmember Jim Reiter as its representative to 2 the Family Housing Fund. Requested by Department of: � Adopted by Council: Date � Ad0[�h�n CPrtified hv Gimcil Sr.rrelarv � Appi � Form Approved by City Attorney � Approved by Mayor foz Submission to Council � a�-`�� City o£ St. Paul COUNC F E N. q8 - 4 �_� �� RESOLt3TION RATIFYING ASSESSMENT By ,/ File No. 9801T Assessment No. 9038 Voting Ward In the matter of the assessment of bene£its, cost and expenses for 6 Removal of diseased trees. Preliminary Order: Final Order XXXXXX XXXXXX approved: �xxxxxx approved: xxxxxx A public hearing having been had upon the assessment for the above improvement, and said assessment having been further considered by the Council, and having been considered finally satisfactory, therefore, be it RESOLVED, That the said assessment be and the same is hereby in all respects ratified. RESOLVED FURTHER, That the said assessment be and it is hereby determined to be payable in five equal installments. COUNCILPERSON Yea� Nays ✓ enanav �lakey ostrom Coleman ✓Harris ,�Lantry �eiter �In Favor �Against Adopted by the Council: Date aa � q�(d' Certified Passes by Council Secretary � \ � TO LEGISLATIVE HEARING OFFICER - JULY 7, 1998 PUBLIC HEARING DATE - JULY 22, 1998 T.M.S./REAL ESTATE DIVISION Roxanna F1ink`j(D 266/8859 be OII 15/98 TOTAL # OF SIGNATURE PAGES RE 5/15/98 5/15/98 � GREEN SHEET INITIAL/DATE — Q DEPARTMENT DIRECTOR ASSIGN � CITV AiTORNEY NUNBER FOR � BUDGET OIRECTOR NOUTING OflDER � MAVpR (OR ASSISTAIJn (CLIP ALL LOCATIONS FOR SIGNATURE) N°_ 50125 �� -I.�M INRIAL/DATE � qTYGOUNCIL � CITY CLERK � FIN. 8 MGT. SERVICES �IR. C,L�-Ceunc.i� R��-^� 1. Setting date of public hearing to assess removal of diseased trees. 2. Approve assmts for the removal of diseased trees. File 9801T (9038) RECAMMENDATONS AOPro�e (A) or Reject (R) _ PLANNMG CAMMISSION _ CIVIL SERVICE COMMISSION _CIBCOMMITfEE A Forestry A STAFF _ _ oisrnicrcouar _ SUPPORTS WHICH COUNqL OBJECTIVE? Ward 6 PERSONAL SERVICE CON7RACTS MUST ANSWER THE FOLLOWING �UESTIONS: 7. Has this Derson/firm ever worketl undar a contract for this tlepartmentt VES NO 2. Has this personlfirm ever heen a city employee? VES NO 3. Does [his personttirm possess e skill not normally possessetl by any curtent ciry employee? VES NO Explain ali yes answen on seperate aheet and ettach to green shcet Property owners have not taken the proper action to have their diseased tree(s) removed from their property after Eorestry marked the trees for removal. Cost recovery program to recover expenses for the removal of diseased trees. If Council does not approve these charges, General Fund would be required to pay the assessment. Assessments are payable over a 5 year peroid with a portion collected on the property taxes until all is paid including interest. ISisease can spread to neighboring trees and in time they have to be removed also. Councii Researcia Genter , , �_� AMOUNTOFTRANSACTION S 1'612.$� FUNDIfJGSOURCE Assessments only F�NANCIAL INFORMATION: (EXPLAIN) 10 property owners will be COST/REVENUE BUDGE7ED (CIRCLE ONE) YES \ ACTIVITY NUMBER of the and � NO City of St. Paul APPROVING ASSESSMENT AN1) FIRZNG TZME OF BEARING TFiEREON COUNCI FILE NO. �p � �.a� By /'2`� File No. 9801T Assessment No. 9038 Voting Ward In the matter of the assessment of bene£its, cost and expenses for 6 Removal of diseased trees. Preliminary Order: _xxxxxx approved: _xxxxxx Final Order xxxxxx approved: �xxxxxx 9Y-��1 � \ The assessment of benefits, cost and expenses for and in connection with the above improvement having been submitted to the Council, and the Council having considered same and found the said assessment satisfactory, therefore, be it RESOLVED, That the said assessment be and the same is hereby in all respects approved. RESOLVED FURTHER, That a public hearing be had on said assessment on the ZZth dav of July� 1998 at the hour of 5•30 o'clock P.M. in the Council Chamber of the Court House and City Hall Building, in the City of St. Paul; that the Valuation and Assessment Engineer give notice o£ said meetings, as required by the Chaster, stating in said notice the time and place of hearing, the nature o£ the improvement, and the amount assessed against the lot or lots of the particular owner to whom the notice is directed. COUNCILPERSON Yeas Nays ✓&enanav Bl a ke y AY�-: <.,.�' Bostrom -'AYx L ,�'r ✓Coleman ✓Harris S Tn Favor ,�antry ,�Reiter C� Against Adopted by the Council: Date y qd' Certified Passed by Council Secretar B �' ��—� c�- . �.v� � .., Mayor � AbSet�� City of St. Paul Real Estate Division Dept, o£ Technology & Management Serv REPORT OF COMPLETION OF COUNCIL FILE NO._ File No. 9801T Assessment No._9038 Voting Ward In the matter of the assessment o£ benefits, cost and expenses £or 6 Removal of diseased trees. Preliminary Order: xxxxxx Final Order xxxxxx To the Council of the City of St. Paul approved: approved XXXXXX XXXXXX a� �� The Valuation and Assessment Engineer hereby reports to the Council the following as a statement of the expenditures necessarily incurred for and in connection with the making of the above improvement, viz: Total construction costs Engineering and Inspection Valuation and Assessment Services Administration Charge - Public Health Administration Fee - Water Dept. Administration Service Charge Abatement Service Charge TOTAL EXPENDITURES Charge To: Net Assessment $1,462.87 $ $ S S S $_150. 00 $1,612.87 $ $ $1,612.87 Said Valuation and Assessment Engineer further reports that he has assessed and levied the total amount as above ascertained, to-wit: the sum of 51,612.87 upon each and every lot, part or parcel of land deemed benefited by the said improvement, and in the case of each lot, part or parcel of land in accordance with the benefits conferred thereon; that the said assessment has been completed, and that hereto attached, identified by the signature of the said Valuation and Assessment Engineer, and made a part hereof, is the said assessment as completed by him, and which is herewith submitted to the Council for such action thereon as may be considered proper. Dated ,j 6 " ! � --�� ..� �,. � �l ` i ' and Assessment Engineer % ��. a� -�''� REPORT OF THE LEGISLATIVE HEARING FOR 7-14-98 Page 2 5. Summary Abatement Appeal for 328 Lexington Parkway North (Rescheduled from 6-16-98) Legislative Hearing Officer recommends denying the appeal, however the owner will work with Code Enforcement to come up with an inexpensive solution. 6. Summary Abatement Appeal for 1868 Pinehurst Avenue Legislative Hearing Officer recommends denying the appeal. � 7. File 9801T - Removal of Diseased Trees from private properry Legislative Hearing Officer recommends approval of the assessments. N C-7 V H > C w ti H Z G:7 U z .� U C �G�- G 2 U P. � t: F r�-+ H 2 Q � � F L U F OZ V1 rz H c�'-. a U � � O 2 L-7 � � � L-.7 Q � 0 2 L C d E N N d N m C \ O 0 z d 'i M L 0 z L U vi L L N H Ca .-i 5"� u G 7 0 U .'�. M U 0 z ri M u � ' O U 00 C ,i C C � �--I a U rl l� i.1 N rl C7 y U a� a � H C..) G • u+ E I +� a+ a+ +� C� O O W k. W W 0..' C.7 Z I I N N tll N aJ N N N Vl +� +� U U'U 61 61 Sr. C'r d N N N N • • +--� N N N N O' C'. O CC<Gv�v� i+ s,�,�,s.s.ws.s+ws, a d 01 U d Cl Cl 01 O! 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F � O� � f� 1' � W 6 O Q O p� W 6 O Q O p� w d O 4 O �� v w� �fin ao z�� fin ao z� i-fvinoz � •• z�¢wo ow�¢wo ow�¢wo ow� a � .-xoro n � � xo �o n � �-xo �-ou � � O i Vl W O N* * ln W O Vl ie y �(A W O(n ## � I� O II t� N O 11 fO • II N O II N b � I� � v � n �O •W II . II� � 11� 1 II n 11 � I I J 11 W I I U II K II Q I I d II II F- w n n (� u F J K 11 W Q Q II X > x I I W OfJ 11 E 11 P W W 11 J K U il Q `. II ti w �i 11 O N W K 11 F J 1' W 11 W 1— lA II F Ll I� (J K a � 11 W Q a n � a r i- ii o 0 o n z o .-r n a � �� ,�`�� Interdepartmental Memorandum ClTY OF SAINT PAUL To: Gerry Strathman Council Research Office 31 o City Hall Dave Sundmazk Forestry Division 1224 Lexington Pkwy N Saint Paul, MN 55103 From: Roxanna Flink `Q� Assessment Supervisor 140 City Hall Date: May 11, 1998 Subject: Removal of Diseased Trees File 9801T - Removai of Diseased Trees from private properiy. Attached is a copy of the above assessment file scheduled before Council on July 22, 1998. Ten (10) properties will be notified of these assessments. ,y A Legislative Hearing is scheduled for Tuesday, 7u1y�9., 1998 at 10:00 A.M. If you have any questions, please call me at 266-8859. : � a �,�� Attach. � -�7� �\ , MINUTES OF THE LEGISLATIVS HEARING July 14, 1998 Room 330, City Hall Gerry Strathman, L,egisiaUve Hearing Officer STAFF PRESENT: Cecily Dewing, Public Works; Roxanna Flink, Real Estate; Brian Krawiecki, License, Inspection, Environmental Protection (LIEP); Fred Owusu, City Clerk's Office; Gary Pechmann, LIEP; Steve Roy, LIEP; Guy Willits, Public Health. Note: 1564 Upper Afton Road and 392 University Avenue West aze Properry Code Enforcement Appeals. Gerry Strathman, L.egislative Hearing Officer, called the meeting to order at 10:02 a.m. 1004 .Tessamine Avenue East Ray Simpson, owner, appeazed and stated he researched the law and understands everything here is conect. He did not own the house when this assessment happened. Most of the charges are for storage. Gerry Strathman asked was this assessment revealed at the time of the closing. Mr. Simpson responded it was a contract cancellation, there was no closing, and research was not done. Guy Willits reported the vehicle was salvaged for $75. The excess cost of $597.55 is what was left over for storage and salvage costs. Gerry Strathman stated the City is technically correct, however the storage costs can be too high. Gerry Strathman recommends cutting the storage fee in half from $550 to $275 and leaving the service and tow fees the same, which brings the assessment to a total of $360.55. 96 Robie Street Marcos Warner, Executive Director of the Neighborhood Development Alliance, appeared and stated the alliance works with the district council on the West Side. The alliance is trying to identify sites for appropriated affordable housing options. Mr. Warner requests the City consider waiving or lowering the cost of demolition due to the total proposed development cost of putting a new single family house on this lot. Gerry Strathman recommends denying the appeal and approval of the assessment. These are direct costs incurred by the city and Mr. Strathman does not have the authority to waive or reduce the amount. Marcos Warner should consult a councilmember on the subject. Also, Mr. Warner should submit something in writing by noon of July 16, and Mr. Strathman will make sure it goes to the councilmembers via the Suly 22 City Council meeting information. q a � 77 NIII�tLJTES OF THE LEGISLATTVB HEARIIVG OF 7-14-98 Page 2 1076 Wakefield Avenue Mike Schuman, owner, appeared and stated this is supposedly about an abandoned vehicle in his yard, but he does not think there was an abandoned vehicle. Guy Willits reported that orders were issued and posted on the door to remove two vehicies. The owner was to comply by November 1, 1997. The residence was rechecked on November 4, 1997 and Code Enforcement did the work on November 19. Mike Schuman asked what vehicle was towed. Mr. Willits responded a mazoon Buick with no plates and showed Mr. Schuman a picture. Mr. Schuman stated he thought that vehicle was gone a yeaz ago. Gerry 5trathman stated notice was given and the vehicle was towed. Mike Schuman responded that he never received a nouce. Mr. Strathman stated it indicates that a notice was mailed and posted on the door, therefore somebody got it. Mr. Strathman asked why the vehicle was not picked up after it was towed. Mr. Schuman responded he did not have the title and would have to get insurance. Gerry 5trathman recommends denying the appeal and approval of the assessment. 943 Wilson Avenue No one appeazed. Gerry Strathman recommends denying the appeal and approval of the assessment. 2027 Arlin¢ton Avenue East Jeff Lavik, owner, appeazed. Guy Willits reported a complaint was received on June l, 1998 far tall grass and weeds and downed branches from a storm. On June 4, orders were issued and posted on the door. The residence was rechecked on June 12; everything was taken care of. Gerry Strathman asked why is there an appeal if the matter was dealt with. Jeff Lavik responded he has a complaint against the City and would like to speak before the Council. Mr. Lavik submitted a letter to Mr. Strathman. Mr. Strathman stated he would include the letter in the July 22 City Council meeting information. File closed. No action needed. q�-�� MINLTTES OF TFIE LEGISLATIVE HEARING OF 7-14-98 Page 3 53 Dale Street North 3eanette Kau�man, owner, appeazed. Guy Willits reported he received a compiaint on June 4, 1998. The inspector went out on June 9, and posted the door to cut tall grass and weeds. Pictures were presented to Gerry Strathman. 7eanzette Kaminan stated she was out on October 15 and there were no weeds and a sign was still put on the door. She feeis this is harassment. Ms. Kamman stated Carolyn Shepherd from Code Enforcement has been tormenting people for yeazs and Ms. Shepherd has no sense of values for flowers that were planted. This has been going on since 1993. 1VIs. Kammen planted flowers, including plastic ones, and they were all cut. A rock gazden was also planted. Ms. Kammen stated she would like Fred Owusu to speak for her. An unidentified woman appeared and stated the health inspectors do not consider themselves civil servants. They come with an adversarial atfitude which does not help at all. This woman spoke about some issues she has had with Code Enforcement. Gerry Strathman asked Fred Owusu what he knew about this issue. Fred Owusu, City Clerk, appeazed and stated he told Jeannette Kammen he would appear at the meeting. He just saw the photos now. Guy Willits reported the building is a side by side. One is a registered vacant building and that is why it is monitared regulazly. The pictures speak for themselves. Most of the flowers planted in the yazd aze artificial. The grass is knee high. This is an ongoing situation. Gerry Strathman asked why the grass is not cut. Jeannette Ku7uiien responded there is no grass. Mr. Strathman stated there is something growing there that is 10 inches high. Gerry Strathman recommends denying the appeal. Fred Owusu met with the owner and provided further assistance. 1005 Jessie Avenue Susan Mercurio, owner, appeared and stated she had a code compliance inspection that requires her to remove all the toilets. Guy Willits reported the problem has been taken care of. Susan Mercurio stated she is here to register her displeasure with the City of Saint Paul. The toilet was outside for three hours. Within that time, Code Enforcement put a summary abatement on her door. Ms. Mercurio feels that her house is being targeted. Guy Willits reported this is a registered vacant building. Code Enforcement does not pick times; inspections aze done about every two to three weeks. File closed. No action needed. qa �77 MINLTTES OF THE I.EGISLATIVE HEARING OF 7-14-98 Page 4 328 Le�n¢ton Parkwav North (Rescheduled from 6-16-98) Mohammed Shahiduilah stated when the building was demolished, the fence was demolished also. Guy Willits reported there is a lot of parking on the lot. Code Enforcement wants the contractor that demolished the building to put ground cover down because now it is all dirt. There needs to be some type of barrier to block off another lot. Also, the dumpster should be off the lot. Once that is all done, the contractor can come in and do what needs to be done. Gerry Strathman stated wheel stops could be used. A fence is not necessarily needed. Mr. Strathman suggested Mohamined Shahiduliah work with Guy Willits to come up with a solution that will not be expensive. Gerry Strathman recommends denying the appeal, however the owner will work with Code Bnforcement to come up with an inexpensive solution. 1868 Pinehurst Avenue No one appeared. Gerry Strathman recommends denying the appeal. 392 Universitv Avenue West 5teve Roy, Health Inspector, reported Hursch Stampky owns a mobile food vehicle that has been on a lot. State Statute prohibits a food vehicle from being at any one location for 14 days. The last L.egislature changed it to 21 days. The City ordinance can be more restrictive but not less. Mr. Roy and Mr. Stampky had a discussion about the 14 days. Mr. Stampky said at that time that he was not getting sufficient income, was planning to sell the trailer, and asked to stay until the end of June. Mr. Roy told Mr. Stampky that it might be possible to do that. Mr. Stampky called a day or two later and said he changed his mind, he was not going to move the trailer, and would appealthe State Statute. Gerry Strathman stated all the appeals he heazs aze with respect to City ordinances. Mr. Strathman asked what is the process for appealing State Law actions. Gary Pechmann responded he did not know if there was an action to appeal a State Statute. Mr. Strathman asked did the City Attorney discuss the enforcement process. Steve Roy responded the City Attorney did not feel the Legislative Heazing Officer had the power to waive State law but could review the case to detertnine if LIEP has followed due process. Gerry Strathman asked was Hursch Stampky notified of State law on a number of occasions and given an opporiunity to correct. Gary Pechmann responded yes. q� �� MINCITES OF TFiE LEGISLATIVE HEARING OF 7-14-98 Page 5 Hursch Stampky stated he is here for clarification because when he built the trailer, he asked Steve Roy what to do to make everything legal. Mr. Roy told Mr. Stampky he needed a blueprint of the trailer, NSF approved equipment, four compartment sink, etc. This was done. LIEP never considered the State. Mr. Stampky stated he was not told how far he has to move, are the bathroom facilities he is being told to provide for the public or employees. Mr. Stampley stated LIEP does not seem to be cleaz on the top. The National Restaurant Association is looking into the entire matter. Mr. Stampky stated he does not want to be singied out. At the Farmer's Mazket, there is a bazbecue trailer that appeazs at the same locafion every week. Mr. Stampky stated he wants to make sure he is being treated fairly. He presented pictures to Mr. Strathman taken July 11 showing a trailer at the Farmer's Market. Steve Roy reported he advised Hursch Stampky that if he wanted to have a restaurant, that he would have to build one. He cannot stay at one place in a trailer. That means he has to permanent connections to sewer, water, and electricity. Mr. Stampky asked can he move a half block every 21 days. Mr. Roy responded if Mr. Stampky can get pernussion to move it half a block away on another pazcel of land, then he can do that. Hursch Stampky asked how can the owner of the trailer at the Farmer's Market keep it there. Steve Roy responded there was also a man that had a trailer at Cub Food. He was given the same order; and his operation is no longer there. There was another man that had a barbecue business in a grocery stare pazking lot. He was given the same order, and his operation is no longer there. Mr. Roy stated he was aware of the operation at the Farmer's Mazket very recently. The owner had given the impression his operation was for special events. He has since been ordered to advise LIEP what 21 days he wants to use during the yeaz, and it will be enforced. Hursch Stampky asked where it is in the State Statute that he has to move to a different spot. Steve Roy stated it is Chapter 157 of the State Statute. Gary Pechman gave Mr. Stampky a copy of the State Statute. Gerry Strathman denied the appeal. 1564 t)nner Afton Road. Richard Dufresne and Susanne Bothke, owner's son and daughter, appeared. Mr. Dufresne stated his parents are in an extended living situation now and cannot be here. A notice was received to have a sewer installed which cunently has a cesspool system. Mr. Dufresne is trying to discover the extent of work that would be necessary and the cost. They are getting ready to sell the home. There aze some complications on the site. There is an 18 foot right of way to Upper Afton Road which extends back into the property about 250 feet before it expands to the larger acreage. It has a limited access to Upper Afton. There are currendy gas and water lines. This house sits from 550 to 600 feet back from Upper Afton Road. The issue involved would be tearing up the floor and rerouting the plumbing under the floor to be able to go out to the street side of the house. There is an alternative to make another connection to Dover Court. It would MIIVLTTES OF THE L.EGISLATTVE HEARING OF 7-14-98 Page 6 be less complicated in terms of an 18 foot right of way. The neighbors indicated they would allow them to do that. Mr. Dufresne would need to get pernussion to connect to that location. However, they were told Dover Court is not an option. Right now, the excavation would be at least 30 feet which far exceeds the width of the easement. Mr. Strathman asked why 30 feet is needed. Mr. Dufresne responded it would be an OSHA required excavation. The width has to be twice as side as the depth. Also, the driveway is lined with mature elm trees. Gerry Strathman asked approximately how much this may cost. Robert Dufresne responded his contractor would not give an estimate until he had more information, but Mr. Dufresne estimated between $30,000 and $50,000. It would invoive a lift station, sheet piling, tree removal, and repaving. Susanne Bothke added driveway replacement. Brian Krawiecki reported in December 1997, a report was received that the individual sewage system consisted of a cesspool. Tom Leclair issued an order to make a connection to the sewer. The system accepts sewage but does not treat the sewage. Untreated sewage could get into the ground water. Cecily Dewing reported the sewer is available on Dover Court. Susanne Bothke stated she called and was told she could only hook up to Upper Afton Road. Ms. Dewing stated her thought is the house could be connected to either spot. Dover is a shorter distance. Robert Dufresne stated that would eliminate part of the problem. More easement rights might have to be obtained from a neighbor. Gerry Strathman asked putting the city ordinance aside, could the current cesspool be replaced with an accessible system. Brian Krawiecki responded the area of the property would indicate that, but it depends on the topography, the type of soil, and that would have to be designed by a professional. Robert Dufresne stated there is a property in that immediate area that has gone through this process, was not required to make the connection, and con6nues to live with the cesspool system. Gerry Strathman laid over to the September 15 I.egislative Hearing. He would like to allow extra 5me for the owner to do two things: 1) explore the possibility of connecting to the other sewer line, 2) investigate if a proper system could be installed. F�le 9801T - Removal of Diseased Trees from private prouertv No appeals were filed. Gerry Strathman recommends approval of the assessments. The meeting was adjourned at 11:34 a.m. Council File # � � � � `� A Green Sheet # 62351 Presanrea RESOLUTION CITY OF SAINT PAUL, MINNESOTA Referred To Committee Date 1 BE TI' RESOLVED, that the Saint Paul City Council appoints Councilmember Jim Reiter as its representative to 2 the Family Housing Fund. Requested by Department of: � Adopted by Council: Date � Ad0[�h�n CPrtified hv Gimcil Sr.rrelarv � Appi � Form Approved by City Attorney � Approved by Mayor foz Submission to Council � a�-`�� City o£ St. Paul COUNC F E N. q8 - 4 �_� �� RESOLt3TION RATIFYING ASSESSMENT By ,/ File No. 9801T Assessment No. 9038 Voting Ward In the matter of the assessment of bene£its, cost and expenses for 6 Removal of diseased trees. Preliminary Order: Final Order XXXXXX XXXXXX approved: �xxxxxx approved: xxxxxx A public hearing having been had upon the assessment for the above improvement, and said assessment having been further considered by the Council, and having been considered finally satisfactory, therefore, be it RESOLVED, That the said assessment be and the same is hereby in all respects ratified. RESOLVED FURTHER, That the said assessment be and it is hereby determined to be payable in five equal installments. COUNCILPERSON Yea� Nays ✓ enanav �lakey ostrom Coleman ✓Harris ,�Lantry �eiter �In Favor �Against Adopted by the Council: Date aa � q�(d' Certified Passes by Council Secretary � \ � TO LEGISLATIVE HEARING OFFICER - JULY 7, 1998 PUBLIC HEARING DATE - JULY 22, 1998 T.M.S./REAL ESTATE DIVISION Roxanna F1ink`j(D 266/8859 be OII 15/98 TOTAL # OF SIGNATURE PAGES RE 5/15/98 5/15/98 � GREEN SHEET INITIAL/DATE — Q DEPARTMENT DIRECTOR ASSIGN � CITV AiTORNEY NUNBER FOR � BUDGET OIRECTOR NOUTING OflDER � MAVpR (OR ASSISTAIJn (CLIP ALL LOCATIONS FOR SIGNATURE) N°_ 50125 �� -I.�M INRIAL/DATE � qTYGOUNCIL � CITY CLERK � FIN. 8 MGT. SERVICES �IR. C,L�-Ceunc.i� R��-^� 1. Setting date of public hearing to assess removal of diseased trees. 2. Approve assmts for the removal of diseased trees. File 9801T (9038) RECAMMENDATONS AOPro�e (A) or Reject (R) _ PLANNMG CAMMISSION _ CIVIL SERVICE COMMISSION _CIBCOMMITfEE A Forestry A STAFF _ _ oisrnicrcouar _ SUPPORTS WHICH COUNqL OBJECTIVE? Ward 6 PERSONAL SERVICE CON7RACTS MUST ANSWER THE FOLLOWING �UESTIONS: 7. Has this Derson/firm ever worketl undar a contract for this tlepartmentt VES NO 2. Has this personlfirm ever heen a city employee? VES NO 3. Does [his personttirm possess e skill not normally possessetl by any curtent ciry employee? VES NO Explain ali yes answen on seperate aheet and ettach to green shcet Property owners have not taken the proper action to have their diseased tree(s) removed from their property after Eorestry marked the trees for removal. Cost recovery program to recover expenses for the removal of diseased trees. If Council does not approve these charges, General Fund would be required to pay the assessment. Assessments are payable over a 5 year peroid with a portion collected on the property taxes until all is paid including interest. ISisease can spread to neighboring trees and in time they have to be removed also. Councii Researcia Genter , , �_� AMOUNTOFTRANSACTION S 1'612.$� FUNDIfJGSOURCE Assessments only F�NANCIAL INFORMATION: (EXPLAIN) 10 property owners will be COST/REVENUE BUDGE7ED (CIRCLE ONE) YES \ ACTIVITY NUMBER of the and � NO City of St. Paul APPROVING ASSESSMENT AN1) FIRZNG TZME OF BEARING TFiEREON COUNCI FILE NO. �p � �.a� By /'2`� File No. 9801T Assessment No. 9038 Voting Ward In the matter of the assessment of bene£its, cost and expenses for 6 Removal of diseased trees. Preliminary Order: _xxxxxx approved: _xxxxxx Final Order xxxxxx approved: �xxxxxx 9Y-��1 � \ The assessment of benefits, cost and expenses for and in connection with the above improvement having been submitted to the Council, and the Council having considered same and found the said assessment satisfactory, therefore, be it RESOLVED, That the said assessment be and the same is hereby in all respects approved. RESOLVED FURTHER, That a public hearing be had on said assessment on the ZZth dav of July� 1998 at the hour of 5•30 o'clock P.M. in the Council Chamber of the Court House and City Hall Building, in the City of St. Paul; that the Valuation and Assessment Engineer give notice o£ said meetings, as required by the Chaster, stating in said notice the time and place of hearing, the nature o£ the improvement, and the amount assessed against the lot or lots of the particular owner to whom the notice is directed. COUNCILPERSON Yeas Nays ✓&enanav Bl a ke y AY�-: <.,.�' Bostrom -'AYx L ,�'r ✓Coleman ✓Harris S Tn Favor ,�antry ,�Reiter C� Against Adopted by the Council: Date y qd' Certified Passed by Council Secretar B �' ��—� c�- . �.v� � .., Mayor � AbSet�� City of St. Paul Real Estate Division Dept, o£ Technology & Management Serv REPORT OF COMPLETION OF COUNCIL FILE NO._ File No. 9801T Assessment No._9038 Voting Ward In the matter of the assessment o£ benefits, cost and expenses £or 6 Removal of diseased trees. Preliminary Order: xxxxxx Final Order xxxxxx To the Council of the City of St. Paul approved: approved XXXXXX XXXXXX a� �� The Valuation and Assessment Engineer hereby reports to the Council the following as a statement of the expenditures necessarily incurred for and in connection with the making of the above improvement, viz: Total construction costs Engineering and Inspection Valuation and Assessment Services Administration Charge - Public Health Administration Fee - Water Dept. Administration Service Charge Abatement Service Charge TOTAL EXPENDITURES Charge To: Net Assessment $1,462.87 $ $ S S S $_150. 00 $1,612.87 $ $ $1,612.87 Said Valuation and Assessment Engineer further reports that he has assessed and levied the total amount as above ascertained, to-wit: the sum of 51,612.87 upon each and every lot, part or parcel of land deemed benefited by the said improvement, and in the case of each lot, part or parcel of land in accordance with the benefits conferred thereon; that the said assessment has been completed, and that hereto attached, identified by the signature of the said Valuation and Assessment Engineer, and made a part hereof, is the said assessment as completed by him, and which is herewith submitted to the Council for such action thereon as may be considered proper. Dated ,j 6 " ! � --�� ..� �,. � �l ` i ' and Assessment Engineer % ��. a� -�''� REPORT OF THE LEGISLATIVE HEARING FOR 7-14-98 Page 2 5. Summary Abatement Appeal for 328 Lexington Parkway North (Rescheduled from 6-16-98) Legislative Hearing Officer recommends denying the appeal, however the owner will work with Code Enforcement to come up with an inexpensive solution. 6. Summary Abatement Appeal for 1868 Pinehurst Avenue Legislative Hearing Officer recommends denying the appeal. � 7. File 9801T - Removal of Diseased Trees from private properry Legislative Hearing Officer recommends approval of the assessments. N C-7 V H > C w ti H Z G:7 U z .� U C �G�- G 2 U P. � t: F r�-+ H 2 Q � � F L U F OZ V1 rz H c�'-. a U � � O 2 L-7 � � � L-.7 Q � 0 2 L C d E N N d N m C \ O 0 z d 'i M L 0 z L U vi L L N H Ca .-i 5"� u G 7 0 U .'�. M U 0 z ri M u � ' O U 00 C ,i C C � �--I a U rl l� i.1 N rl C7 y U a� a � H C..) G • u+ E I +� a+ a+ +� C� O O W k. W W 0..' C.7 Z I I N N tll N aJ N N N Vl +� +� U U'U 61 61 Sr. C'r d N N N N • • +--� N N N N O' C'. O CC<Gv�v� i+ s,�,�,s.s.ws.s+ws, a d 01 U d Cl Cl 01 O! 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F � O� � f� 1' � W 6 O Q O p� W 6 O Q O p� w d O 4 O �� v w� �fin ao z�� fin ao z� i-fvinoz � •• z�¢wo ow�¢wo ow�¢wo ow� a � .-xoro n � � xo �o n � �-xo �-ou � � O i Vl W O N* * ln W O Vl ie y �(A W O(n ## � I� O II t� N O 11 fO • II N O II N b � I� � v � n �O •W II . II� � 11� 1 II n 11 � I I J 11 W I I U II K II Q I I d II II F- w n n (� u F J K 11 W Q Q II X > x I I W OfJ 11 E 11 P W W 11 J K U il Q `. II ti w �i 11 O N W K 11 F J 1' W 11 W 1— lA II F Ll I� (J K a � 11 W Q a n � a r i- ii o 0 o n z o .-r n a � �� ,�`�� Interdepartmental Memorandum ClTY OF SAINT PAUL To: Gerry Strathman Council Research Office 31 o City Hall Dave Sundmazk Forestry Division 1224 Lexington Pkwy N Saint Paul, MN 55103 From: Roxanna Flink `Q� Assessment Supervisor 140 City Hall Date: May 11, 1998 Subject: Removal of Diseased Trees File 9801T - Removai of Diseased Trees from private properiy. Attached is a copy of the above assessment file scheduled before Council on July 22, 1998. Ten (10) properties will be notified of these assessments. ,y A Legislative Hearing is scheduled for Tuesday, 7u1y�9., 1998 at 10:00 A.M. If you have any questions, please call me at 266-8859. : � a �,�� Attach. � -�7� �\ , MINUTES OF THE LEGISLATIVS HEARING July 14, 1998 Room 330, City Hall Gerry Strathman, L,egisiaUve Hearing Officer STAFF PRESENT: Cecily Dewing, Public Works; Roxanna Flink, Real Estate; Brian Krawiecki, License, Inspection, Environmental Protection (LIEP); Fred Owusu, City Clerk's Office; Gary Pechmann, LIEP; Steve Roy, LIEP; Guy Willits, Public Health. Note: 1564 Upper Afton Road and 392 University Avenue West aze Properry Code Enforcement Appeals. Gerry Strathman, L.egislative Hearing Officer, called the meeting to order at 10:02 a.m. 1004 .Tessamine Avenue East Ray Simpson, owner, appeazed and stated he researched the law and understands everything here is conect. He did not own the house when this assessment happened. Most of the charges are for storage. Gerry Strathman asked was this assessment revealed at the time of the closing. Mr. Simpson responded it was a contract cancellation, there was no closing, and research was not done. Guy Willits reported the vehicle was salvaged for $75. The excess cost of $597.55 is what was left over for storage and salvage costs. Gerry Strathman stated the City is technically correct, however the storage costs can be too high. Gerry Strathman recommends cutting the storage fee in half from $550 to $275 and leaving the service and tow fees the same, which brings the assessment to a total of $360.55. 96 Robie Street Marcos Warner, Executive Director of the Neighborhood Development Alliance, appeared and stated the alliance works with the district council on the West Side. The alliance is trying to identify sites for appropriated affordable housing options. Mr. Warner requests the City consider waiving or lowering the cost of demolition due to the total proposed development cost of putting a new single family house on this lot. Gerry Strathman recommends denying the appeal and approval of the assessment. These are direct costs incurred by the city and Mr. Strathman does not have the authority to waive or reduce the amount. Marcos Warner should consult a councilmember on the subject. Also, Mr. Warner should submit something in writing by noon of July 16, and Mr. Strathman will make sure it goes to the councilmembers via the Suly 22 City Council meeting information. q a � 77 NIII�tLJTES OF THE LEGISLATTVB HEARIIVG OF 7-14-98 Page 2 1076 Wakefield Avenue Mike Schuman, owner, appeared and stated this is supposedly about an abandoned vehicle in his yard, but he does not think there was an abandoned vehicle. Guy Willits reported that orders were issued and posted on the door to remove two vehicies. The owner was to comply by November 1, 1997. The residence was rechecked on November 4, 1997 and Code Enforcement did the work on November 19. Mike Schuman asked what vehicle was towed. Mr. Willits responded a mazoon Buick with no plates and showed Mr. Schuman a picture. Mr. Schuman stated he thought that vehicle was gone a yeaz ago. Gerry 5trathman stated notice was given and the vehicle was towed. Mike Schuman responded that he never received a nouce. Mr. Strathman stated it indicates that a notice was mailed and posted on the door, therefore somebody got it. Mr. Strathman asked why the vehicle was not picked up after it was towed. Mr. Schuman responded he did not have the title and would have to get insurance. Gerry 5trathman recommends denying the appeal and approval of the assessment. 943 Wilson Avenue No one appeazed. Gerry Strathman recommends denying the appeal and approval of the assessment. 2027 Arlin¢ton Avenue East Jeff Lavik, owner, appeazed. Guy Willits reported a complaint was received on June l, 1998 far tall grass and weeds and downed branches from a storm. On June 4, orders were issued and posted on the door. The residence was rechecked on June 12; everything was taken care of. Gerry Strathman asked why is there an appeal if the matter was dealt with. Jeff Lavik responded he has a complaint against the City and would like to speak before the Council. Mr. Lavik submitted a letter to Mr. Strathman. Mr. Strathman stated he would include the letter in the July 22 City Council meeting information. File closed. No action needed. q�-�� MINLTTES OF TFIE LEGISLATIVE HEARING OF 7-14-98 Page 3 53 Dale Street North 3eanette Kau�man, owner, appeazed. Guy Willits reported he received a compiaint on June 4, 1998. The inspector went out on June 9, and posted the door to cut tall grass and weeds. Pictures were presented to Gerry Strathman. 7eanzette Kaminan stated she was out on October 15 and there were no weeds and a sign was still put on the door. She feeis this is harassment. Ms. Kamman stated Carolyn Shepherd from Code Enforcement has been tormenting people for yeazs and Ms. Shepherd has no sense of values for flowers that were planted. This has been going on since 1993. 1VIs. Kammen planted flowers, including plastic ones, and they were all cut. A rock gazden was also planted. Ms. Kammen stated she would like Fred Owusu to speak for her. An unidentified woman appeared and stated the health inspectors do not consider themselves civil servants. They come with an adversarial atfitude which does not help at all. This woman spoke about some issues she has had with Code Enforcement. Gerry Strathman asked Fred Owusu what he knew about this issue. Fred Owusu, City Clerk, appeazed and stated he told Jeannette Kammen he would appear at the meeting. He just saw the photos now. Guy Willits reported the building is a side by side. One is a registered vacant building and that is why it is monitared regulazly. The pictures speak for themselves. Most of the flowers planted in the yazd aze artificial. The grass is knee high. This is an ongoing situation. Gerry Strathman asked why the grass is not cut. Jeannette Ku7uiien responded there is no grass. Mr. Strathman stated there is something growing there that is 10 inches high. Gerry Strathman recommends denying the appeal. Fred Owusu met with the owner and provided further assistance. 1005 Jessie Avenue Susan Mercurio, owner, appeared and stated she had a code compliance inspection that requires her to remove all the toilets. Guy Willits reported the problem has been taken care of. Susan Mercurio stated she is here to register her displeasure with the City of Saint Paul. The toilet was outside for three hours. Within that time, Code Enforcement put a summary abatement on her door. Ms. Mercurio feels that her house is being targeted. Guy Willits reported this is a registered vacant building. Code Enforcement does not pick times; inspections aze done about every two to three weeks. File closed. No action needed. qa �77 MINLTTES OF THE I.EGISLATIVE HEARING OF 7-14-98 Page 4 328 Le�n¢ton Parkwav North (Rescheduled from 6-16-98) Mohammed Shahiduilah stated when the building was demolished, the fence was demolished also. Guy Willits reported there is a lot of parking on the lot. Code Enforcement wants the contractor that demolished the building to put ground cover down because now it is all dirt. There needs to be some type of barrier to block off another lot. Also, the dumpster should be off the lot. Once that is all done, the contractor can come in and do what needs to be done. Gerry Strathman stated wheel stops could be used. A fence is not necessarily needed. Mr. Strathman suggested Mohamined Shahiduliah work with Guy Willits to come up with a solution that will not be expensive. Gerry Strathman recommends denying the appeal, however the owner will work with Code Bnforcement to come up with an inexpensive solution. 1868 Pinehurst Avenue No one appeared. Gerry Strathman recommends denying the appeal. 392 Universitv Avenue West 5teve Roy, Health Inspector, reported Hursch Stampky owns a mobile food vehicle that has been on a lot. State Statute prohibits a food vehicle from being at any one location for 14 days. The last L.egislature changed it to 21 days. The City ordinance can be more restrictive but not less. Mr. Roy and Mr. Stampky had a discussion about the 14 days. Mr. Stampky said at that time that he was not getting sufficient income, was planning to sell the trailer, and asked to stay until the end of June. Mr. Roy told Mr. Stampky that it might be possible to do that. Mr. Stampky called a day or two later and said he changed his mind, he was not going to move the trailer, and would appealthe State Statute. Gerry Strathman stated all the appeals he heazs aze with respect to City ordinances. Mr. Strathman asked what is the process for appealing State Law actions. Gary Pechmann responded he did not know if there was an action to appeal a State Statute. Mr. Strathman asked did the City Attorney discuss the enforcement process. Steve Roy responded the City Attorney did not feel the Legislative Heazing Officer had the power to waive State law but could review the case to detertnine if LIEP has followed due process. Gerry Strathman asked was Hursch Stampky notified of State law on a number of occasions and given an opporiunity to correct. Gary Pechmann responded yes. q� �� MINCITES OF TFiE LEGISLATIVE HEARING OF 7-14-98 Page 5 Hursch Stampky stated he is here for clarification because when he built the trailer, he asked Steve Roy what to do to make everything legal. Mr. Roy told Mr. Stampky he needed a blueprint of the trailer, NSF approved equipment, four compartment sink, etc. This was done. LIEP never considered the State. Mr. Stampky stated he was not told how far he has to move, are the bathroom facilities he is being told to provide for the public or employees. Mr. Stampley stated LIEP does not seem to be cleaz on the top. The National Restaurant Association is looking into the entire matter. Mr. Stampky stated he does not want to be singied out. At the Farmer's Mazket, there is a bazbecue trailer that appeazs at the same locafion every week. Mr. Stampky stated he wants to make sure he is being treated fairly. He presented pictures to Mr. Strathman taken July 11 showing a trailer at the Farmer's Market. Steve Roy reported he advised Hursch Stampky that if he wanted to have a restaurant, that he would have to build one. He cannot stay at one place in a trailer. That means he has to permanent connections to sewer, water, and electricity. Mr. Stampky asked can he move a half block every 21 days. Mr. Roy responded if Mr. Stampky can get pernussion to move it half a block away on another pazcel of land, then he can do that. Hursch Stampky asked how can the owner of the trailer at the Farmer's Market keep it there. Steve Roy responded there was also a man that had a trailer at Cub Food. He was given the same order; and his operation is no longer there. There was another man that had a barbecue business in a grocery stare pazking lot. He was given the same order, and his operation is no longer there. Mr. Roy stated he was aware of the operation at the Farmer's Mazket very recently. The owner had given the impression his operation was for special events. He has since been ordered to advise LIEP what 21 days he wants to use during the yeaz, and it will be enforced. Hursch Stampky asked where it is in the State Statute that he has to move to a different spot. Steve Roy stated it is Chapter 157 of the State Statute. Gary Pechman gave Mr. Stampky a copy of the State Statute. Gerry Strathman denied the appeal. 1564 t)nner Afton Road. Richard Dufresne and Susanne Bothke, owner's son and daughter, appeared. Mr. Dufresne stated his parents are in an extended living situation now and cannot be here. A notice was received to have a sewer installed which cunently has a cesspool system. Mr. Dufresne is trying to discover the extent of work that would be necessary and the cost. They are getting ready to sell the home. There aze some complications on the site. There is an 18 foot right of way to Upper Afton Road which extends back into the property about 250 feet before it expands to the larger acreage. It has a limited access to Upper Afton. There are currendy gas and water lines. This house sits from 550 to 600 feet back from Upper Afton Road. The issue involved would be tearing up the floor and rerouting the plumbing under the floor to be able to go out to the street side of the house. There is an alternative to make another connection to Dover Court. It would MIIVLTTES OF THE L.EGISLATTVE HEARING OF 7-14-98 Page 6 be less complicated in terms of an 18 foot right of way. The neighbors indicated they would allow them to do that. Mr. Dufresne would need to get pernussion to connect to that location. However, they were told Dover Court is not an option. Right now, the excavation would be at least 30 feet which far exceeds the width of the easement. Mr. Strathman asked why 30 feet is needed. Mr. Dufresne responded it would be an OSHA required excavation. The width has to be twice as side as the depth. Also, the driveway is lined with mature elm trees. Gerry Strathman asked approximately how much this may cost. Robert Dufresne responded his contractor would not give an estimate until he had more information, but Mr. Dufresne estimated between $30,000 and $50,000. It would invoive a lift station, sheet piling, tree removal, and repaving. Susanne Bothke added driveway replacement. Brian Krawiecki reported in December 1997, a report was received that the individual sewage system consisted of a cesspool. Tom Leclair issued an order to make a connection to the sewer. The system accepts sewage but does not treat the sewage. Untreated sewage could get into the ground water. Cecily Dewing reported the sewer is available on Dover Court. Susanne Bothke stated she called and was told she could only hook up to Upper Afton Road. Ms. Dewing stated her thought is the house could be connected to either spot. Dover is a shorter distance. Robert Dufresne stated that would eliminate part of the problem. More easement rights might have to be obtained from a neighbor. Gerry Strathman asked putting the city ordinance aside, could the current cesspool be replaced with an accessible system. Brian Krawiecki responded the area of the property would indicate that, but it depends on the topography, the type of soil, and that would have to be designed by a professional. Robert Dufresne stated there is a property in that immediate area that has gone through this process, was not required to make the connection, and con6nues to live with the cesspool system. Gerry Strathman laid over to the September 15 I.egislative Hearing. He would like to allow extra 5me for the owner to do two things: 1) explore the possibility of connecting to the other sewer line, 2) investigate if a proper system could be installed. F�le 9801T - Removal of Diseased Trees from private prouertv No appeals were filed. Gerry Strathman recommends approval of the assessments. The meeting was adjourned at 11:34 a.m. Council File # � � � � `� A Green Sheet # 62351 Presanrea RESOLUTION CITY OF SAINT PAUL, MINNESOTA Referred To Committee Date 1 BE TI' RESOLVED, that the Saint Paul City Council appoints Councilmember Jim Reiter as its representative to 2 the Family Housing Fund. Requested by Department of: � Adopted by Council: Date � Ad0[�h�n CPrtified hv Gimcil Sr.rrelarv � Appi � Form Approved by City Attorney � Approved by Mayor foz Submission to Council � a�-`��