98-955City of St. Paul
RESOLUTZON RATZEYING ASSESSMENT
�i��GINAL
�tg - ��
COUN FIL N0.
By
File No.J9804A1
Assessment No.9808
Voting
Ward In the matter o£ the assessment of benefits, cost and expenses for
6 J9804A1 (9808) Summary Abatement (Property Clean-Up) for
property at 1904 Jefferson Avenue
Laid over to Octobe= 6, 1998 Legislative Hea=ing
Public Hearing October 14, 1998
Preliminary Order xx approved xx
Final Order
XX
approved xx
�
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 One equal installment.
Yeas Nays
B nanav
��B key
.�Sostrom
Co 1 eman — �-bsa-�'�'
�arris � In Favor
:/�antry
�iter � Against
1 ��Se�wT
Adopted by the Council
Date �
Certified Passes by Council Secretary
TO LEGISLATIVE HEARING — October 6, 1998 L. 0. from 9J15/98
TO PUBLIC HEARING — OCTOBER 14, 1998 L.O. from 9/23/98
PAR7MEN7/OFFICElC-0UNCIL DATE INITNTED
T.M. S. lteal Est jte Div. 9/23/98 GREEN SHEET
Roxanna Flink���[66-8859
Laid Over by Council from 9/23/
TOTAL # OF SlGNATURE PAGES t
Grg- 9ss
No 63031
U ov�u*renm�ECron U cmcouxn.
❑ CRYAiTON�EY ❑ tltYCLFRK
❑ ww�n.�sFnMecsaz ❑ w'a�u.�sEavuccrc
❑, � Council Research
{C�IP ALl LOCATIOtVS FOR SIGNATURE)
Property owner requested this item be rescheduled because they were unable to attend.
Summary Abatement (propexty Clean—Up) for property at 1904 Se£ferson Street.
J9804A1 �19808
vu„ i iurv ,vpprove �A� a ne�ec[ �n�
PLANNING COMMISSION
CIB CAMMITTEE
CIVIL SERVICE COMMISSION
Staff
Public Health Deoartment
Neighborhoods Ward 6
See Oxiginal Green Sheet'(Attached)
4. HasihisPe«�m+�erworkeduntleracoM�acttorthisdepartmenY7
VES NO
2. Has this Persorvfi�m erer been a cdY �CbY��
— YES NO
3. Does this persoNfirtn possess a s1a71 rwt normaltyposses,sed by any current city employee?
YES NO
4. Is N� per�rm a targetetl veiMOr'!
VES NO
Emlain all ves answers on seoa2te sheet antl ettach to oreen sheet
':� �'���!�
�r,.
IFAPPROVED
s 495.00
COSY/REVENUE BUDGETED (CIRCLE ON�
YES
NO
souace Assessments Only acrnmNUMSEre
INFORMATION (D�WNj
City of St. Paul
Real Estate Division
Dept. of Technology & Management Serv
REPORT OF
OF ASSESSMENT
COUNCIL FILE N0.
File No.J9804A1
Assessment No.9808
q�•9ss
Voting
Ward In the matter of the assessment of bene£its, cost and expenses £or
•:��• :�:
Summary Abatement (Property Clean-Up) for
property at 1904 Jefferson Avenue.
Laid over to October 6, 1998 Legislative Hearing
Public Hearing October 14, 1998
Preliminary Order
Final Order
xx
To the Council of the City of St. Paul
approved xx
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 Charqe - Public Health $
Re-Check Charge - Public Health $
Abatement Service Charge $
TOTAL EXPENDITURES
Charge To
Net Assessment
455.00
25.00
15.00
$ 495.00
$
$
$_ 495.00
Said Valuation and Assessment Engineer further reports that he has assessed
and levied the total amount as above ascertained, to-wit: the sum of $495.00
upon each and every lot, part or parcel of land deemed benefited by the said
improvement, and in the case of each lot, part or parcel oP land in accordance with
the benefits conferred thereon; that the said assessment has been completed, and that
hereto attached, identified by the signature of the said Valuation and Assessment
Engineer, and made a part hereof, is the said assessment as completed by him, and
which is herewith submitted to the Council for suc� action thereon as may be
considered proper. j� ��„ �
Dated 9� a2 s� `�O
xx approved xx
«
Assessment Encfineer
✓�
��-� �J�
LAW OFFICES
R. DONALD HAWHINSON
1� r
October 20, 1998
Mr. Gerry Strathman
Suite 310
St. Paul City Hall
St. Paul, MN 55102
Re: Sharon M. Bougie
1904 Jefferson Avenue
Assessment No. 0793
Parcel ID No. 09-28-23-24-0020
Your File No. J9804A
My File No. 3757-6
Dear Mr. Strathman:
Suite 30$ Sous of Norway Building
1455 �Vest Lake Street
Minneapolis, Minnesota 55408
Telepho�e (612) 82&0995
Facsimile (612) 522-9801
Enclosed please find Notice of Appeal for the above referenced matter.
S' cerely,
����
R. Donald Hawkinson
RDH:nc
enclosure
,
c1 c6-
CiTY OF ST PAUL
In Re: Sharon M. Bougie
1904 Jefferson Avenue, St. Paul, MN 55104
Your File No. J9804A
Assessment No. 0793
Parcel ID No. 09-28-23-24-0020
TO: Mr. Gerry Strathman, Suite 310, St. Paul City Hall, St. Paui, MN.
NOTICE OF APPEAL
PLEASE TAKE NOTICE that Sharon M. Bougie objects and thereby appeals
your decision of October 20, 1998, regarding the ratification of assessment for the
Summary Abatement of May 12, 1998 for the above described real property
located in the City of St. Paul.
The basis of the appeal is the refusal to even consider the issue as to
whether the City of St. Paul employees unlawfuily entered Ms. Bougie's closed
garage on May i2, 1998, in violation of the Fourth Amendment of the U.S.
Constitution. It is Ms. Bougie's position that she has the right to be secure from
intrusion into her personal privacy by government officials unless the entry is
under proper authority of law. Also, she has the right to resist an unauthorized
entry which has as its design the securing of infornnation to fortify the coercive
power of the state against the individual where such information may be used
affect a further deprivation of life or liberty or properry, so that evidence of
criminal action may not be seized without a judicially issued search warrant.
�����J�
Respectfully submitted,
�� �
R. DONALD HAWHINSON #42687
Attorney for Sharon M. Bougie
1455 West Lake Street, Suite 308
Minneapolis, MN 55487
Tel: (612) 822-0995
TO LEGISLATIVE HEARING - September 15, 1998 �� N� 5 2 13 0
TO PUBLIC HEARING - September 23, 1998 9 �
OE�RTIAENTqFFICE/COUNCI� DATE1�lITIqTED RE 7/8/9E ��� •�
T.M.S. Real Estate Division 7isr98 G R E E N S H E E
CONTACT PEFSON S PHONE @11TIAVDATE INITIAV�ATE
a DEPARTMEHT DIRE � CITY COUHri�
° xanna FLIRIC 266-8859 ASSiGN OCITYAT(ORNEY �dTYGLERK
� NUMBERFOH
BE ON �OUNCiI AGENDA BY (�ATE7 qOUTING � BUOGET DIRECTO � FIN 8 MGT $ERVICES DIF.
Must be in Council Research no OflDER OMAVOR(ORA$SISTANn 0 Council Re ea
TOTAL # OF SIGNATURE PAGES � (CLIP ALL LOCATIONS FOR SIGNATURE)
AGTION REOUESTEO'
Setting date of public hearing for September 23, 1998
Approving Assessments £or Summary Abatements (J9804A), Boardings-Up for Apri1 and May (J9804B
and Towing Abandoned Vehicles for April, May and June (J9804V)
RECOMMENDATIONS AOP«'e (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
� PIANNING C�MMISSIOH _ qVIL SERVIGE COMMISStON �� Has thi5 persoNfirm ever worked under a contract tor Ihis deparlmant?
__CIBCOMMITfEE A Public Health vES No
A$TAFF A V2Cant B1dQ5 Z. Has this personttirm ever 6een a c�ty empioyee?
YES NO
_ oiS7aiCi COVRT _ 3. Does this DersonRirm possess a skill not normally possessetl by any curreni city employae?
SUPPORTS WHICM COVNCIL OBJECTIVE'+ VES NO
Neighborhoods Ward 6 Ezpiain ali yes anawers on aepareta aheet and ettach to green shaet
INITIATING PROBLEM. ISSUE. OPPORTVNITY (Who. Whet. When. Where. W�y��
Property owners or renters create a health hazard at various times throughout the City of
Saint Paul when their property is not kept up.
lTAGES IF APPROVEO
�ost recovery programs to recover expenses for Summary Abatements, Boardings-Up, Demolitions,
Towing Abandoned Vehicles. This includes cutting tall grass and weeds, hauling away all
garbage, debris, refuse and tires. Also, all household items such as refrigerators, stoves,
sofas, chairs and all other discared items. In the winter this includes the removal of snow
and ice from sidewalks and cross walks.
�ISADVANTAGES IFAPPROVEO:
If council does not approve these charges, General Fund would be required to pay the
assessment•. are payable over 1 year and collected with the property taxes
with interest if not paid.
DISADVANTAGES IF NOTAPPROVEO_
Neighborhoods would be left to deteriorate and property values would decline. Nobody would
take care of their property, especially vacant or rental properties. Rodents, filth,
garbage and trash would accumulate everywhere. Disease and pests could become a problem.
TOTAL AMOUNT OF TRANSACTION 5 23 i O1 .$'3 COST/REVENUE BUDGETED (CIRCIE ONE) YES NO
FUNOIf�G50URCE Assessments ORZ}' pCTIVITYNUMOER
FLNANdAL INfOPFriAT10N (EXPlA1N)
65 Property owners will be notified of the public hearings and charges.
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.
LEGISLATIVE HEARING
Date: October 20, 1998
Time: 10:00 a.m.
Place: Room 330 City Hall
15 West Kellogg Blvd.
Gerry Strathman
I,egislative Hearing OfFcer
Summary Abatement Appeal for 1904 Jefferson Avenue.
{I,aid over from 10-6-98)
Legislative Hearing Officer recommends denying the appeal.
2. Resolution ordering the owner to repair or remove the building at 932 Concordia Avenue.
If the owner fails to comply with the order, Code Enforcement is ordered to remove the
building.
I.egislative Hearing Officer recommends amending the order to remove or repair within
45 days.
3. Resolution ordering the owner to repair or remove the building at 667 Chazles Avenue. If
the owner fails to comply with the order, Code Enforcement is ordered to remove the
building.
Legislative Hearing Officer recommends laying over to the November 17, 1998
legislative hearing.
y� 9 55
MINUTES OF TF� LEGISLATIVE HEARINCC
Tuesday, October 20, 1998
Room 330, City Hall
Gerry Strathman, Legislative Aearing OfFicer
Staff Present: Terry O'Rourke, Pazks and Recreation; Chuck Votel, Code Enforcement; Richazd
Wiener, Parks and Recreation; Guy Willits, Code Enforcement
Gerry Strathman called the meeting to order at 10:00 a.m.
Summarv Abatement Appeai for 1904 .iefferson Avenue (Laid over from IO-6-98)
Shazon Bougie and her attorney R. Donald Hawkinson appeazed.
Gerry Strathman stated this item was laid over because there were a number of differences as to
what happened. There was not anyone from the cleanup crew present at the previous meeting nor
was there a videotape available. Chuck Votel responded there is a videotape now and members
of the cleanup crew are here as well.
(A videotape was shown of the property before the cleanup and afterwards.)
Gerry Strathman asked for the basis of the appeal. R. Donald Hawkinson responded the garage
door was closed before the cleanup crew arrived, the crew wrongfully opened the garage door,
and they did not have a seazch warrant.
Richard Weiner and Terry O'Rourke, who both worked on the cleanup of this site, appeared.
Gerry Strathman asked was the gazage door open when they azrived. Mr. O'Rourke responded
the door was open about 2 feet, which was enough for him to see inside of it.
G. Donald Hawkinson stated he has two letters from neighbors indicating the gazage door was
unlocked. (Mr. Hawkinson presented these letters to Gerry Strathman.) One letter was from
Gene Baum and the other was from Lorraine McEvoy, both of 1901 Juliet Avenue. Mr.
Strathman stated neither letter indicates whether the gatage door was open or closed.
Sharon Bougie stated the gazage had been broken into. It had previously been nailed closed. The
only way to get into the gazage was with a gazage door opener. After the City crew had taken her
belongings out of the gazage, Yhey damaged the opener. Ms. Bougie could not enter her garage.
She had to open another door which had previously been barred closed in order to gain access.
Gerry Strathman stated there are two issues here: 1) Whether this was a legal or illegal entry into
ihe property, 2) Was the owner properly notified and did the Ciry crew do the cleanup. The
entry issue cannot be resolved here because this hearing is not a judicial setting. As for the other ---
issue, paperwork indicates notices were mailed on several occasions. (Chuck Votel presented
copies of notices that were mailed.)
y�-�5s
LEGISLATIVE HEARING MINUTES FROM 10-20-98
Page 2
Gerry StratUman recommended denying the appeal citing notice was given and the cleanup was
done. Mr. 5lrathman informed the appellants that if they disagreed with his decision, a notice
can be filed with Mr. Strathman by noon of October 22. This notice will he provided to the
councilmembers for consideration before making their final decision on this matter at the
October 28 City Council meeting.
Resolufion ordering the owner to repair or remove the building at 932 Concordia Avenue
If the owner faiLs to complv with the order. Code Enforcement is ordered to remove the _
buildinQ.
Pastor David Johnson, co-pastor of Uniry Baptist Church, appeared.
Chuck Votel reported this building has been vacant since May 6, 1997. The cuzrent properry
owner is the Open Door Baptist Church. The church has not indicated what they intend to do
with the property. Nineteen summary abatement notices have been issued for nuisance
violations. A citation has been issued to the owner for failing to pay the vacant building fee. The
real estate taxes are unpaid. Ramsey County Talcation has placed an estimated mazket value on
the property of $45,300. The Code Enforcement officers estitnated the cost to repair the structure
is $60,000 to $200,000 depending on the final usage of the building. The cost to demolish is
$9,000 to $10,000.
Pastor David Johnson stated their plan is to demolish the building. The owner is Uniry Baptist
Church. Unity Baptist Church is a merged congregation of two former churches named Park
Baptist Church and Open Door Baptist Church. The merger occurred in Febmary 1998. The
reason for the difficulty in caring for the building was caused by the transition. The church has
received tentative approval of a loan to demolish the building. The estimated cost of the
demolition is $25,000. Mr. 7ohnson requested additional time for final approval of the loan and
to demolish the building.
Gerty Suathman asked about the difference between the church estimate and Code
EnforcemenYs estimate. Chuck Votel responded Code EnforcemenYs estimate is from
demolition contractors, but it does not include asbestos removal nor additional garbage removal.
Asbestos removal can be thousands of dollazs, however the difference between the estimates still
seems high. Pastor David 7ohnson stated tus recollection is that the contractor said the cost for
the asbestos abatement would be $16,000. Mr. Strathman stated if the City has a lower bid, the
church should find out the name of that company.
Gerry Strathman asked how long it will take to get trus building demolished. Pastor David
3ohnson responded it is contin$ent on getting financing. The goal was to have the building
removed before freezing, and that is not far from now.
Gerry Suathman asked if he grants additional time, can he be assured the property will be kept
clean. Pastor David Johnson responded he cannot promise that. The trash is dumped from other
y� 55
LEGISLATIVE HEARING MINI3TES FROM 10-20-98
Page 3
people. The church does not have the resources nor the people to take caze of the dumping. The
church has contracted with the Thomas Date Block Club, however they have not been efficient.
Gerry Strathman asked is the structure dangemus. Chuck Votel responded it is constantly open
and orders have to be issued to have it secured, but it is not dangerous.
Gerry Strathman recommended amending the order to remove or repair within 45 days. Pastor
David Johnson staYed he has no problem with this recommendation.
�tesolution ordering the owner to repair or remove the building at 667 Charles Avenue If
the owner fails to comnlv with the order Code Enforcement is ordered to remove the
building.
Ying Vang and Pang Vang appeazed and stated they purchased the building from Tracy Moos on
September 18, 1998. Ying Vang stated they are almost done with repairing the building. Two
family members aze ready to move in after the building is reinspected.
Chuck Votel reported that the building is close to being ready for reinspection. The new owners
have obtained a code compliance inspection; they have plumbing and building pemuts. They
still need to get an electrical pemrit, and the furnace needs some work before it can be signed off.
Mr. Votel suggested this matter be laid over for a while.
Xing Vang stated he had the fumace tested by St. Paul Plumbing and Heating Company. Pang
Vang stated they have to fimsh the bathroom floor and the gutters.
Gerry Strathman recommended laying over to the November 17, 1998 legislative hearing.
The meeting was adjourned at 1034 a.m.
rrit
� $ .955
REPORT
LEGISLATTVE HRARiNG
Date: October 6, 1998
Time: 10:00 a.m.
Place: Room 330 Ciry Hall
15 West Kellogg Boulevazd
Gerry Strathman
Legislative Hearing O�cer
1. Summary Abatements:
File J9806A - Summary Abatements (Property Clean-Up) for August 1998;
File J9805B - Boazding-Up of Vacant Buildings for June 1998;
File J9804C - Demolition of Vacant Buildings for 7uly 1998;
File J9806V - Towing of Abandoned Vehicles for August 1997 and Mazch, April, May,
and June 1998;
File 798TDBC1 - Summary Abatements (Grass Cutting by the TDBC) for July 1998.
1820 Seventh Street East
The I.egislative Hearing Officer recommends approval of the assessment.
1033 Colne Street
The L.egislative Hearing Officer recommends approval of the assessment.
893 Ha¢ue Avenue
The Legislative Hearing Officer recommends approval of the assessment.
164 Milford Street
The Legislative Hearing Officer recommends approval of the assessment.
577 Pascal Street North
The Legislative Hearing Officer recommends approval of the assessment.
270 5eventh Street West
The Legisla6ve Hearing Officer recommends approval of the assessment.
62 Winifred Street West
The I,egislative Hearing Officer recommends approval of the assessment.
� �. . q ss
LEGISLATIVE HEARING REPORT OF 10-6-98
2. Summary Abatement Appeal for 748 Burr Street.
Appeal withdrawn.
Page 2
3. Summary Abatement Appeal and Vehicle Abatement Appeal for 1084 Ed�erton Street.
The Legislative Hearing O�cer laid over to the November 3, 1998 Legislative Hearing.
4. Summary Abatement Appeal for 1904 .Tefferson Avenue.
(Rescheduled from 9-15-98)
The Legislative Hearing Officer laid over to the October 20, 1998 I.egislative Hearing.
City of St. Paul
RESOLUTZON RATZEYING ASSESSMENT
�i��GINAL
�tg - ��
COUN FIL N0.
By
File No.J9804A1
Assessment No.9808
Voting
Ward In the matter o£ the assessment of benefits, cost and expenses for
6 J9804A1 (9808) Summary Abatement (Property Clean-Up) for
property at 1904 Jefferson Avenue
Laid over to Octobe= 6, 1998 Legislative Hea=ing
Public Hearing October 14, 1998
Preliminary Order xx approved xx
Final Order
XX
approved xx
�
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 One equal installment.
Yeas Nays
B nanav
��B key
.�Sostrom
Co 1 eman — �-bsa-�'�'
�arris � In Favor
:/�antry
�iter � Against
1 ��Se�wT
Adopted by the Council
Date �
Certified Passes by Council Secretary
TO LEGISLATIVE HEARING — October 6, 1998 L. 0. from 9J15/98
TO PUBLIC HEARING — OCTOBER 14, 1998 L.O. from 9/23/98
PAR7MEN7/OFFICElC-0UNCIL DATE INITNTED
T.M. S. lteal Est jte Div. 9/23/98 GREEN SHEET
Roxanna Flink���[66-8859
Laid Over by Council from 9/23/
TOTAL # OF SlGNATURE PAGES t
Grg- 9ss
No 63031
U ov�u*renm�ECron U cmcouxn.
❑ CRYAiTON�EY ❑ tltYCLFRK
❑ ww�n.�sFnMecsaz ❑ w'a�u.�sEavuccrc
❑, � Council Research
{C�IP ALl LOCATIOtVS FOR SIGNATURE)
Property owner requested this item be rescheduled because they were unable to attend.
Summary Abatement (propexty Clean—Up) for property at 1904 Se£ferson Street.
J9804A1 �19808
vu„ i iurv ,vpprove �A� a ne�ec[ �n�
PLANNING COMMISSION
CIB CAMMITTEE
CIVIL SERVICE COMMISSION
Staff
Public Health Deoartment
Neighborhoods Ward 6
See Oxiginal Green Sheet'(Attached)
4. HasihisPe«�m+�erworkeduntleracoM�acttorthisdepartmenY7
VES NO
2. Has this Persorvfi�m erer been a cdY �CbY��
— YES NO
3. Does this persoNfirtn possess a s1a71 rwt normaltyposses,sed by any current city employee?
YES NO
4. Is N� per�rm a targetetl veiMOr'!
VES NO
Emlain all ves answers on seoa2te sheet antl ettach to oreen sheet
':� �'���!�
�r,.
IFAPPROVED
s 495.00
COSY/REVENUE BUDGETED (CIRCLE ON�
YES
NO
souace Assessments Only acrnmNUMSEre
INFORMATION (D�WNj
City of St. Paul
Real Estate Division
Dept. of Technology & Management Serv
REPORT OF
OF ASSESSMENT
COUNCIL FILE N0.
File No.J9804A1
Assessment No.9808
q�•9ss
Voting
Ward In the matter of the assessment of bene£its, cost and expenses £or
•:��• :�:
Summary Abatement (Property Clean-Up) for
property at 1904 Jefferson Avenue.
Laid over to October 6, 1998 Legislative Hearing
Public Hearing October 14, 1998
Preliminary Order
Final Order
xx
To the Council of the City of St. Paul
approved xx
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 Charqe - Public Health $
Re-Check Charge - Public Health $
Abatement Service Charge $
TOTAL EXPENDITURES
Charge To
Net Assessment
455.00
25.00
15.00
$ 495.00
$
$
$_ 495.00
Said Valuation and Assessment Engineer further reports that he has assessed
and levied the total amount as above ascertained, to-wit: the sum of $495.00
upon each and every lot, part or parcel of land deemed benefited by the said
improvement, and in the case of each lot, part or parcel oP land in accordance with
the benefits conferred thereon; that the said assessment has been completed, and that
hereto attached, identified by the signature of the said Valuation and Assessment
Engineer, and made a part hereof, is the said assessment as completed by him, and
which is herewith submitted to the Council for suc� action thereon as may be
considered proper. j� ��„ �
Dated 9� a2 s� `�O
xx approved xx
«
Assessment Encfineer
✓�
��-� �J�
LAW OFFICES
R. DONALD HAWHINSON
1� r
October 20, 1998
Mr. Gerry Strathman
Suite 310
St. Paul City Hall
St. Paul, MN 55102
Re: Sharon M. Bougie
1904 Jefferson Avenue
Assessment No. 0793
Parcel ID No. 09-28-23-24-0020
Your File No. J9804A
My File No. 3757-6
Dear Mr. Strathman:
Suite 30$ Sous of Norway Building
1455 �Vest Lake Street
Minneapolis, Minnesota 55408
Telepho�e (612) 82&0995
Facsimile (612) 522-9801
Enclosed please find Notice of Appeal for the above referenced matter.
S' cerely,
����
R. Donald Hawkinson
RDH:nc
enclosure
,
c1 c6-
CiTY OF ST PAUL
In Re: Sharon M. Bougie
1904 Jefferson Avenue, St. Paul, MN 55104
Your File No. J9804A
Assessment No. 0793
Parcel ID No. 09-28-23-24-0020
TO: Mr. Gerry Strathman, Suite 310, St. Paul City Hall, St. Paui, MN.
NOTICE OF APPEAL
PLEASE TAKE NOTICE that Sharon M. Bougie objects and thereby appeals
your decision of October 20, 1998, regarding the ratification of assessment for the
Summary Abatement of May 12, 1998 for the above described real property
located in the City of St. Paul.
The basis of the appeal is the refusal to even consider the issue as to
whether the City of St. Paul employees unlawfuily entered Ms. Bougie's closed
garage on May i2, 1998, in violation of the Fourth Amendment of the U.S.
Constitution. It is Ms. Bougie's position that she has the right to be secure from
intrusion into her personal privacy by government officials unless the entry is
under proper authority of law. Also, she has the right to resist an unauthorized
entry which has as its design the securing of infornnation to fortify the coercive
power of the state against the individual where such information may be used
affect a further deprivation of life or liberty or properry, so that evidence of
criminal action may not be seized without a judicially issued search warrant.
�����J�
Respectfully submitted,
�� �
R. DONALD HAWHINSON #42687
Attorney for Sharon M. Bougie
1455 West Lake Street, Suite 308
Minneapolis, MN 55487
Tel: (612) 822-0995
TO LEGISLATIVE HEARING - September 15, 1998 �� N� 5 2 13 0
TO PUBLIC HEARING - September 23, 1998 9 �
OE�RTIAENTqFFICE/COUNCI� DATE1�lITIqTED RE 7/8/9E ��� •�
T.M.S. Real Estate Division 7isr98 G R E E N S H E E
CONTACT PEFSON S PHONE @11TIAVDATE INITIAV�ATE
a DEPARTMEHT DIRE � CITY COUHri�
° xanna FLIRIC 266-8859 ASSiGN OCITYAT(ORNEY �dTYGLERK
� NUMBERFOH
BE ON �OUNCiI AGENDA BY (�ATE7 qOUTING � BUOGET DIRECTO � FIN 8 MGT $ERVICES DIF.
Must be in Council Research no OflDER OMAVOR(ORA$SISTANn 0 Council Re ea
TOTAL # OF SIGNATURE PAGES � (CLIP ALL LOCATIONS FOR SIGNATURE)
AGTION REOUESTEO'
Setting date of public hearing for September 23, 1998
Approving Assessments £or Summary Abatements (J9804A), Boardings-Up for Apri1 and May (J9804B
and Towing Abandoned Vehicles for April, May and June (J9804V)
RECOMMENDATIONS AOP«'e (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
� PIANNING C�MMISSIOH _ qVIL SERVIGE COMMISStON �� Has thi5 persoNfirm ever worked under a contract tor Ihis deparlmant?
__CIBCOMMITfEE A Public Health vES No
A$TAFF A V2Cant B1dQ5 Z. Has this personttirm ever 6een a c�ty empioyee?
YES NO
_ oiS7aiCi COVRT _ 3. Does this DersonRirm possess a skill not normally possessetl by any curreni city employae?
SUPPORTS WHICM COVNCIL OBJECTIVE'+ VES NO
Neighborhoods Ward 6 Ezpiain ali yes anawers on aepareta aheet and ettach to green shaet
INITIATING PROBLEM. ISSUE. OPPORTVNITY (Who. Whet. When. Where. W�y��
Property owners or renters create a health hazard at various times throughout the City of
Saint Paul when their property is not kept up.
lTAGES IF APPROVEO
�ost recovery programs to recover expenses for Summary Abatements, Boardings-Up, Demolitions,
Towing Abandoned Vehicles. This includes cutting tall grass and weeds, hauling away all
garbage, debris, refuse and tires. Also, all household items such as refrigerators, stoves,
sofas, chairs and all other discared items. In the winter this includes the removal of snow
and ice from sidewalks and cross walks.
�ISADVANTAGES IFAPPROVEO:
If council does not approve these charges, General Fund would be required to pay the
assessment•. are payable over 1 year and collected with the property taxes
with interest if not paid.
DISADVANTAGES IF NOTAPPROVEO_
Neighborhoods would be left to deteriorate and property values would decline. Nobody would
take care of their property, especially vacant or rental properties. Rodents, filth,
garbage and trash would accumulate everywhere. Disease and pests could become a problem.
TOTAL AMOUNT OF TRANSACTION 5 23 i O1 .$'3 COST/REVENUE BUDGETED (CIRCIE ONE) YES NO
FUNOIf�G50URCE Assessments ORZ}' pCTIVITYNUMOER
FLNANdAL INfOPFriAT10N (EXPlA1N)
65 Property owners will be notified of the public hearings and charges.
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.
LEGISLATIVE HEARING
Date: October 20, 1998
Time: 10:00 a.m.
Place: Room 330 City Hall
15 West Kellogg Blvd.
Gerry Strathman
I,egislative Hearing OfFcer
Summary Abatement Appeal for 1904 Jefferson Avenue.
{I,aid over from 10-6-98)
Legislative Hearing Officer recommends denying the appeal.
2. Resolution ordering the owner to repair or remove the building at 932 Concordia Avenue.
If the owner fails to comply with the order, Code Enforcement is ordered to remove the
building.
I.egislative Hearing Officer recommends amending the order to remove or repair within
45 days.
3. Resolution ordering the owner to repair or remove the building at 667 Chazles Avenue. If
the owner fails to comply with the order, Code Enforcement is ordered to remove the
building.
Legislative Hearing Officer recommends laying over to the November 17, 1998
legislative hearing.
y� 9 55
MINUTES OF TF� LEGISLATIVE HEARINCC
Tuesday, October 20, 1998
Room 330, City Hall
Gerry Strathman, Legislative Aearing OfFicer
Staff Present: Terry O'Rourke, Pazks and Recreation; Chuck Votel, Code Enforcement; Richazd
Wiener, Parks and Recreation; Guy Willits, Code Enforcement
Gerry Strathman called the meeting to order at 10:00 a.m.
Summarv Abatement Appeai for 1904 .iefferson Avenue (Laid over from IO-6-98)
Shazon Bougie and her attorney R. Donald Hawkinson appeazed.
Gerry Strathman stated this item was laid over because there were a number of differences as to
what happened. There was not anyone from the cleanup crew present at the previous meeting nor
was there a videotape available. Chuck Votel responded there is a videotape now and members
of the cleanup crew are here as well.
(A videotape was shown of the property before the cleanup and afterwards.)
Gerry Strathman asked for the basis of the appeal. R. Donald Hawkinson responded the garage
door was closed before the cleanup crew arrived, the crew wrongfully opened the garage door,
and they did not have a seazch warrant.
Richard Weiner and Terry O'Rourke, who both worked on the cleanup of this site, appeared.
Gerry Strathman asked was the gazage door open when they azrived. Mr. O'Rourke responded
the door was open about 2 feet, which was enough for him to see inside of it.
G. Donald Hawkinson stated he has two letters from neighbors indicating the gazage door was
unlocked. (Mr. Hawkinson presented these letters to Gerry Strathman.) One letter was from
Gene Baum and the other was from Lorraine McEvoy, both of 1901 Juliet Avenue. Mr.
Strathman stated neither letter indicates whether the gatage door was open or closed.
Sharon Bougie stated the gazage had been broken into. It had previously been nailed closed. The
only way to get into the gazage was with a gazage door opener. After the City crew had taken her
belongings out of the gazage, Yhey damaged the opener. Ms. Bougie could not enter her garage.
She had to open another door which had previously been barred closed in order to gain access.
Gerry Strathman stated there are two issues here: 1) Whether this was a legal or illegal entry into
ihe property, 2) Was the owner properly notified and did the Ciry crew do the cleanup. The
entry issue cannot be resolved here because this hearing is not a judicial setting. As for the other ---
issue, paperwork indicates notices were mailed on several occasions. (Chuck Votel presented
copies of notices that were mailed.)
y�-�5s
LEGISLATIVE HEARING MINUTES FROM 10-20-98
Page 2
Gerry StratUman recommended denying the appeal citing notice was given and the cleanup was
done. Mr. 5lrathman informed the appellants that if they disagreed with his decision, a notice
can be filed with Mr. Strathman by noon of October 22. This notice will he provided to the
councilmembers for consideration before making their final decision on this matter at the
October 28 City Council meeting.
Resolufion ordering the owner to repair or remove the building at 932 Concordia Avenue
If the owner faiLs to complv with the order. Code Enforcement is ordered to remove the _
buildinQ.
Pastor David Johnson, co-pastor of Uniry Baptist Church, appeared.
Chuck Votel reported this building has been vacant since May 6, 1997. The cuzrent properry
owner is the Open Door Baptist Church. The church has not indicated what they intend to do
with the property. Nineteen summary abatement notices have been issued for nuisance
violations. A citation has been issued to the owner for failing to pay the vacant building fee. The
real estate taxes are unpaid. Ramsey County Talcation has placed an estimated mazket value on
the property of $45,300. The Code Enforcement officers estitnated the cost to repair the structure
is $60,000 to $200,000 depending on the final usage of the building. The cost to demolish is
$9,000 to $10,000.
Pastor David Johnson stated their plan is to demolish the building. The owner is Uniry Baptist
Church. Unity Baptist Church is a merged congregation of two former churches named Park
Baptist Church and Open Door Baptist Church. The merger occurred in Febmary 1998. The
reason for the difficulty in caring for the building was caused by the transition. The church has
received tentative approval of a loan to demolish the building. The estimated cost of the
demolition is $25,000. Mr. 7ohnson requested additional time for final approval of the loan and
to demolish the building.
Gerty Suathman asked about the difference between the church estimate and Code
EnforcemenYs estimate. Chuck Votel responded Code EnforcemenYs estimate is from
demolition contractors, but it does not include asbestos removal nor additional garbage removal.
Asbestos removal can be thousands of dollazs, however the difference between the estimates still
seems high. Pastor David 7ohnson stated tus recollection is that the contractor said the cost for
the asbestos abatement would be $16,000. Mr. Strathman stated if the City has a lower bid, the
church should find out the name of that company.
Gerry Strathman asked how long it will take to get trus building demolished. Pastor David
3ohnson responded it is contin$ent on getting financing. The goal was to have the building
removed before freezing, and that is not far from now.
Gerry Suathman asked if he grants additional time, can he be assured the property will be kept
clean. Pastor David Johnson responded he cannot promise that. The trash is dumped from other
y� 55
LEGISLATIVE HEARING MINI3TES FROM 10-20-98
Page 3
people. The church does not have the resources nor the people to take caze of the dumping. The
church has contracted with the Thomas Date Block Club, however they have not been efficient.
Gerry Strathman asked is the structure dangemus. Chuck Votel responded it is constantly open
and orders have to be issued to have it secured, but it is not dangerous.
Gerry Strathman recommended amending the order to remove or repair within 45 days. Pastor
David Johnson staYed he has no problem with this recommendation.
�tesolution ordering the owner to repair or remove the building at 667 Charles Avenue If
the owner fails to comnlv with the order Code Enforcement is ordered to remove the
building.
Ying Vang and Pang Vang appeazed and stated they purchased the building from Tracy Moos on
September 18, 1998. Ying Vang stated they are almost done with repairing the building. Two
family members aze ready to move in after the building is reinspected.
Chuck Votel reported that the building is close to being ready for reinspection. The new owners
have obtained a code compliance inspection; they have plumbing and building pemuts. They
still need to get an electrical pemrit, and the furnace needs some work before it can be signed off.
Mr. Votel suggested this matter be laid over for a while.
Xing Vang stated he had the fumace tested by St. Paul Plumbing and Heating Company. Pang
Vang stated they have to fimsh the bathroom floor and the gutters.
Gerry Strathman recommended laying over to the November 17, 1998 legislative hearing.
The meeting was adjourned at 1034 a.m.
rrit
� $ .955
REPORT
LEGISLATTVE HRARiNG
Date: October 6, 1998
Time: 10:00 a.m.
Place: Room 330 Ciry Hall
15 West Kellogg Boulevazd
Gerry Strathman
Legislative Hearing O�cer
1. Summary Abatements:
File J9806A - Summary Abatements (Property Clean-Up) for August 1998;
File J9805B - Boazding-Up of Vacant Buildings for June 1998;
File J9804C - Demolition of Vacant Buildings for 7uly 1998;
File J9806V - Towing of Abandoned Vehicles for August 1997 and Mazch, April, May,
and June 1998;
File 798TDBC1 - Summary Abatements (Grass Cutting by the TDBC) for July 1998.
1820 Seventh Street East
The I.egislative Hearing Officer recommends approval of the assessment.
1033 Colne Street
The L.egislative Hearing Officer recommends approval of the assessment.
893 Ha¢ue Avenue
The Legislative Hearing Officer recommends approval of the assessment.
164 Milford Street
The Legislative Hearing Officer recommends approval of the assessment.
577 Pascal Street North
The Legislative Hearing Officer recommends approval of the assessment.
270 5eventh Street West
The Legisla6ve Hearing Officer recommends approval of the assessment.
62 Winifred Street West
The I,egislative Hearing Officer recommends approval of the assessment.
� �. . q ss
LEGISLATIVE HEARING REPORT OF 10-6-98
2. Summary Abatement Appeal for 748 Burr Street.
Appeal withdrawn.
Page 2
3. Summary Abatement Appeal and Vehicle Abatement Appeal for 1084 Ed�erton Street.
The Legislative Hearing O�cer laid over to the November 3, 1998 Legislative Hearing.
4. Summary Abatement Appeal for 1904 .Tefferson Avenue.
(Rescheduled from 9-15-98)
The Legislative Hearing Officer laid over to the October 20, 1998 I.egislative Hearing.
City of St. Paul
RESOLUTZON RATZEYING ASSESSMENT
�i��GINAL
�tg - ��
COUN FIL N0.
By
File No.J9804A1
Assessment No.9808
Voting
Ward In the matter o£ the assessment of benefits, cost and expenses for
6 J9804A1 (9808) Summary Abatement (Property Clean-Up) for
property at 1904 Jefferson Avenue
Laid over to Octobe= 6, 1998 Legislative Hea=ing
Public Hearing October 14, 1998
Preliminary Order xx approved xx
Final Order
XX
approved xx
�
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 One equal installment.
Yeas Nays
B nanav
��B key
.�Sostrom
Co 1 eman — �-bsa-�'�'
�arris � In Favor
:/�antry
�iter � Against
1 ��Se�wT
Adopted by the Council
Date �
Certified Passes by Council Secretary
TO LEGISLATIVE HEARING — October 6, 1998 L. 0. from 9J15/98
TO PUBLIC HEARING — OCTOBER 14, 1998 L.O. from 9/23/98
PAR7MEN7/OFFICElC-0UNCIL DATE INITNTED
T.M. S. lteal Est jte Div. 9/23/98 GREEN SHEET
Roxanna Flink���[66-8859
Laid Over by Council from 9/23/
TOTAL # OF SlGNATURE PAGES t
Grg- 9ss
No 63031
U ov�u*renm�ECron U cmcouxn.
❑ CRYAiTON�EY ❑ tltYCLFRK
❑ ww�n.�sFnMecsaz ❑ w'a�u.�sEavuccrc
❑, � Council Research
{C�IP ALl LOCATIOtVS FOR SIGNATURE)
Property owner requested this item be rescheduled because they were unable to attend.
Summary Abatement (propexty Clean—Up) for property at 1904 Se£ferson Street.
J9804A1 �19808
vu„ i iurv ,vpprove �A� a ne�ec[ �n�
PLANNING COMMISSION
CIB CAMMITTEE
CIVIL SERVICE COMMISSION
Staff
Public Health Deoartment
Neighborhoods Ward 6
See Oxiginal Green Sheet'(Attached)
4. HasihisPe«�m+�erworkeduntleracoM�acttorthisdepartmenY7
VES NO
2. Has this Persorvfi�m erer been a cdY �CbY��
— YES NO
3. Does this persoNfirtn possess a s1a71 rwt normaltyposses,sed by any current city employee?
YES NO
4. Is N� per�rm a targetetl veiMOr'!
VES NO
Emlain all ves answers on seoa2te sheet antl ettach to oreen sheet
':� �'���!�
�r,.
IFAPPROVED
s 495.00
COSY/REVENUE BUDGETED (CIRCLE ON�
YES
NO
souace Assessments Only acrnmNUMSEre
INFORMATION (D�WNj
City of St. Paul
Real Estate Division
Dept. of Technology & Management Serv
REPORT OF
OF ASSESSMENT
COUNCIL FILE N0.
File No.J9804A1
Assessment No.9808
q�•9ss
Voting
Ward In the matter of the assessment of bene£its, cost and expenses £or
•:��• :�:
Summary Abatement (Property Clean-Up) for
property at 1904 Jefferson Avenue.
Laid over to October 6, 1998 Legislative Hearing
Public Hearing October 14, 1998
Preliminary Order
Final Order
xx
To the Council of the City of St. Paul
approved xx
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 Charqe - Public Health $
Re-Check Charge - Public Health $
Abatement Service Charge $
TOTAL EXPENDITURES
Charge To
Net Assessment
455.00
25.00
15.00
$ 495.00
$
$
$_ 495.00
Said Valuation and Assessment Engineer further reports that he has assessed
and levied the total amount as above ascertained, to-wit: the sum of $495.00
upon each and every lot, part or parcel of land deemed benefited by the said
improvement, and in the case of each lot, part or parcel oP land in accordance with
the benefits conferred thereon; that the said assessment has been completed, and that
hereto attached, identified by the signature of the said Valuation and Assessment
Engineer, and made a part hereof, is the said assessment as completed by him, and
which is herewith submitted to the Council for suc� action thereon as may be
considered proper. j� ��„ �
Dated 9� a2 s� `�O
xx approved xx
«
Assessment Encfineer
✓�
��-� �J�
LAW OFFICES
R. DONALD HAWHINSON
1� r
October 20, 1998
Mr. Gerry Strathman
Suite 310
St. Paul City Hall
St. Paul, MN 55102
Re: Sharon M. Bougie
1904 Jefferson Avenue
Assessment No. 0793
Parcel ID No. 09-28-23-24-0020
Your File No. J9804A
My File No. 3757-6
Dear Mr. Strathman:
Suite 30$ Sous of Norway Building
1455 �Vest Lake Street
Minneapolis, Minnesota 55408
Telepho�e (612) 82&0995
Facsimile (612) 522-9801
Enclosed please find Notice of Appeal for the above referenced matter.
S' cerely,
����
R. Donald Hawkinson
RDH:nc
enclosure
,
c1 c6-
CiTY OF ST PAUL
In Re: Sharon M. Bougie
1904 Jefferson Avenue, St. Paul, MN 55104
Your File No. J9804A
Assessment No. 0793
Parcel ID No. 09-28-23-24-0020
TO: Mr. Gerry Strathman, Suite 310, St. Paul City Hall, St. Paui, MN.
NOTICE OF APPEAL
PLEASE TAKE NOTICE that Sharon M. Bougie objects and thereby appeals
your decision of October 20, 1998, regarding the ratification of assessment for the
Summary Abatement of May 12, 1998 for the above described real property
located in the City of St. Paul.
The basis of the appeal is the refusal to even consider the issue as to
whether the City of St. Paul employees unlawfuily entered Ms. Bougie's closed
garage on May i2, 1998, in violation of the Fourth Amendment of the U.S.
Constitution. It is Ms. Bougie's position that she has the right to be secure from
intrusion into her personal privacy by government officials unless the entry is
under proper authority of law. Also, she has the right to resist an unauthorized
entry which has as its design the securing of infornnation to fortify the coercive
power of the state against the individual where such information may be used
affect a further deprivation of life or liberty or properry, so that evidence of
criminal action may not be seized without a judicially issued search warrant.
�����J�
Respectfully submitted,
�� �
R. DONALD HAWHINSON #42687
Attorney for Sharon M. Bougie
1455 West Lake Street, Suite 308
Minneapolis, MN 55487
Tel: (612) 822-0995
TO LEGISLATIVE HEARING - September 15, 1998 �� N� 5 2 13 0
TO PUBLIC HEARING - September 23, 1998 9 �
OE�RTIAENTqFFICE/COUNCI� DATE1�lITIqTED RE 7/8/9E ��� •�
T.M.S. Real Estate Division 7isr98 G R E E N S H E E
CONTACT PEFSON S PHONE @11TIAVDATE INITIAV�ATE
a DEPARTMEHT DIRE � CITY COUHri�
° xanna FLIRIC 266-8859 ASSiGN OCITYAT(ORNEY �dTYGLERK
� NUMBERFOH
BE ON �OUNCiI AGENDA BY (�ATE7 qOUTING � BUOGET DIRECTO � FIN 8 MGT $ERVICES DIF.
Must be in Council Research no OflDER OMAVOR(ORA$SISTANn 0 Council Re ea
TOTAL # OF SIGNATURE PAGES � (CLIP ALL LOCATIONS FOR SIGNATURE)
AGTION REOUESTEO'
Setting date of public hearing for September 23, 1998
Approving Assessments £or Summary Abatements (J9804A), Boardings-Up for Apri1 and May (J9804B
and Towing Abandoned Vehicles for April, May and June (J9804V)
RECOMMENDATIONS AOP«'e (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
� PIANNING C�MMISSIOH _ qVIL SERVIGE COMMISStON �� Has thi5 persoNfirm ever worked under a contract tor Ihis deparlmant?
__CIBCOMMITfEE A Public Health vES No
A$TAFF A V2Cant B1dQ5 Z. Has this personttirm ever 6een a c�ty empioyee?
YES NO
_ oiS7aiCi COVRT _ 3. Does this DersonRirm possess a skill not normally possessetl by any curreni city employae?
SUPPORTS WHICM COVNCIL OBJECTIVE'+ VES NO
Neighborhoods Ward 6 Ezpiain ali yes anawers on aepareta aheet and ettach to green shaet
INITIATING PROBLEM. ISSUE. OPPORTVNITY (Who. Whet. When. Where. W�y��
Property owners or renters create a health hazard at various times throughout the City of
Saint Paul when their property is not kept up.
lTAGES IF APPROVEO
�ost recovery programs to recover expenses for Summary Abatements, Boardings-Up, Demolitions,
Towing Abandoned Vehicles. This includes cutting tall grass and weeds, hauling away all
garbage, debris, refuse and tires. Also, all household items such as refrigerators, stoves,
sofas, chairs and all other discared items. In the winter this includes the removal of snow
and ice from sidewalks and cross walks.
�ISADVANTAGES IFAPPROVEO:
If council does not approve these charges, General Fund would be required to pay the
assessment•. are payable over 1 year and collected with the property taxes
with interest if not paid.
DISADVANTAGES IF NOTAPPROVEO_
Neighborhoods would be left to deteriorate and property values would decline. Nobody would
take care of their property, especially vacant or rental properties. Rodents, filth,
garbage and trash would accumulate everywhere. Disease and pests could become a problem.
TOTAL AMOUNT OF TRANSACTION 5 23 i O1 .$'3 COST/REVENUE BUDGETED (CIRCIE ONE) YES NO
FUNOIf�G50URCE Assessments ORZ}' pCTIVITYNUMOER
FLNANdAL INfOPFriAT10N (EXPlA1N)
65 Property owners will be notified of the public hearings and charges.
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.
LEGISLATIVE HEARING
Date: October 20, 1998
Time: 10:00 a.m.
Place: Room 330 City Hall
15 West Kellogg Blvd.
Gerry Strathman
I,egislative Hearing OfFcer
Summary Abatement Appeal for 1904 Jefferson Avenue.
{I,aid over from 10-6-98)
Legislative Hearing Officer recommends denying the appeal.
2. Resolution ordering the owner to repair or remove the building at 932 Concordia Avenue.
If the owner fails to comply with the order, Code Enforcement is ordered to remove the
building.
I.egislative Hearing Officer recommends amending the order to remove or repair within
45 days.
3. Resolution ordering the owner to repair or remove the building at 667 Chazles Avenue. If
the owner fails to comply with the order, Code Enforcement is ordered to remove the
building.
Legislative Hearing Officer recommends laying over to the November 17, 1998
legislative hearing.
y� 9 55
MINUTES OF TF� LEGISLATIVE HEARINCC
Tuesday, October 20, 1998
Room 330, City Hall
Gerry Strathman, Legislative Aearing OfFicer
Staff Present: Terry O'Rourke, Pazks and Recreation; Chuck Votel, Code Enforcement; Richazd
Wiener, Parks and Recreation; Guy Willits, Code Enforcement
Gerry Strathman called the meeting to order at 10:00 a.m.
Summarv Abatement Appeai for 1904 .iefferson Avenue (Laid over from IO-6-98)
Shazon Bougie and her attorney R. Donald Hawkinson appeazed.
Gerry Strathman stated this item was laid over because there were a number of differences as to
what happened. There was not anyone from the cleanup crew present at the previous meeting nor
was there a videotape available. Chuck Votel responded there is a videotape now and members
of the cleanup crew are here as well.
(A videotape was shown of the property before the cleanup and afterwards.)
Gerry Strathman asked for the basis of the appeal. R. Donald Hawkinson responded the garage
door was closed before the cleanup crew arrived, the crew wrongfully opened the garage door,
and they did not have a seazch warrant.
Richard Weiner and Terry O'Rourke, who both worked on the cleanup of this site, appeared.
Gerry Strathman asked was the gazage door open when they azrived. Mr. O'Rourke responded
the door was open about 2 feet, which was enough for him to see inside of it.
G. Donald Hawkinson stated he has two letters from neighbors indicating the gazage door was
unlocked. (Mr. Hawkinson presented these letters to Gerry Strathman.) One letter was from
Gene Baum and the other was from Lorraine McEvoy, both of 1901 Juliet Avenue. Mr.
Strathman stated neither letter indicates whether the gatage door was open or closed.
Sharon Bougie stated the gazage had been broken into. It had previously been nailed closed. The
only way to get into the gazage was with a gazage door opener. After the City crew had taken her
belongings out of the gazage, Yhey damaged the opener. Ms. Bougie could not enter her garage.
She had to open another door which had previously been barred closed in order to gain access.
Gerry Strathman stated there are two issues here: 1) Whether this was a legal or illegal entry into
ihe property, 2) Was the owner properly notified and did the Ciry crew do the cleanup. The
entry issue cannot be resolved here because this hearing is not a judicial setting. As for the other ---
issue, paperwork indicates notices were mailed on several occasions. (Chuck Votel presented
copies of notices that were mailed.)
y�-�5s
LEGISLATIVE HEARING MINUTES FROM 10-20-98
Page 2
Gerry StratUman recommended denying the appeal citing notice was given and the cleanup was
done. Mr. 5lrathman informed the appellants that if they disagreed with his decision, a notice
can be filed with Mr. Strathman by noon of October 22. This notice will he provided to the
councilmembers for consideration before making their final decision on this matter at the
October 28 City Council meeting.
Resolufion ordering the owner to repair or remove the building at 932 Concordia Avenue
If the owner faiLs to complv with the order. Code Enforcement is ordered to remove the _
buildinQ.
Pastor David Johnson, co-pastor of Uniry Baptist Church, appeared.
Chuck Votel reported this building has been vacant since May 6, 1997. The cuzrent properry
owner is the Open Door Baptist Church. The church has not indicated what they intend to do
with the property. Nineteen summary abatement notices have been issued for nuisance
violations. A citation has been issued to the owner for failing to pay the vacant building fee. The
real estate taxes are unpaid. Ramsey County Talcation has placed an estimated mazket value on
the property of $45,300. The Code Enforcement officers estitnated the cost to repair the structure
is $60,000 to $200,000 depending on the final usage of the building. The cost to demolish is
$9,000 to $10,000.
Pastor David Johnson stated their plan is to demolish the building. The owner is Uniry Baptist
Church. Unity Baptist Church is a merged congregation of two former churches named Park
Baptist Church and Open Door Baptist Church. The merger occurred in Febmary 1998. The
reason for the difficulty in caring for the building was caused by the transition. The church has
received tentative approval of a loan to demolish the building. The estimated cost of the
demolition is $25,000. Mr. 7ohnson requested additional time for final approval of the loan and
to demolish the building.
Gerty Suathman asked about the difference between the church estimate and Code
EnforcemenYs estimate. Chuck Votel responded Code EnforcemenYs estimate is from
demolition contractors, but it does not include asbestos removal nor additional garbage removal.
Asbestos removal can be thousands of dollazs, however the difference between the estimates still
seems high. Pastor David 7ohnson stated tus recollection is that the contractor said the cost for
the asbestos abatement would be $16,000. Mr. Strathman stated if the City has a lower bid, the
church should find out the name of that company.
Gerry Strathman asked how long it will take to get trus building demolished. Pastor David
3ohnson responded it is contin$ent on getting financing. The goal was to have the building
removed before freezing, and that is not far from now.
Gerry Suathman asked if he grants additional time, can he be assured the property will be kept
clean. Pastor David Johnson responded he cannot promise that. The trash is dumped from other
y� 55
LEGISLATIVE HEARING MINI3TES FROM 10-20-98
Page 3
people. The church does not have the resources nor the people to take caze of the dumping. The
church has contracted with the Thomas Date Block Club, however they have not been efficient.
Gerry Strathman asked is the structure dangemus. Chuck Votel responded it is constantly open
and orders have to be issued to have it secured, but it is not dangerous.
Gerry Strathman recommended amending the order to remove or repair within 45 days. Pastor
David Johnson staYed he has no problem with this recommendation.
�tesolution ordering the owner to repair or remove the building at 667 Charles Avenue If
the owner fails to comnlv with the order Code Enforcement is ordered to remove the
building.
Ying Vang and Pang Vang appeazed and stated they purchased the building from Tracy Moos on
September 18, 1998. Ying Vang stated they are almost done with repairing the building. Two
family members aze ready to move in after the building is reinspected.
Chuck Votel reported that the building is close to being ready for reinspection. The new owners
have obtained a code compliance inspection; they have plumbing and building pemuts. They
still need to get an electrical pemrit, and the furnace needs some work before it can be signed off.
Mr. Votel suggested this matter be laid over for a while.
Xing Vang stated he had the fumace tested by St. Paul Plumbing and Heating Company. Pang
Vang stated they have to fimsh the bathroom floor and the gutters.
Gerry Strathman recommended laying over to the November 17, 1998 legislative hearing.
The meeting was adjourned at 1034 a.m.
rrit
� $ .955
REPORT
LEGISLATTVE HRARiNG
Date: October 6, 1998
Time: 10:00 a.m.
Place: Room 330 Ciry Hall
15 West Kellogg Boulevazd
Gerry Strathman
Legislative Hearing O�cer
1. Summary Abatements:
File J9806A - Summary Abatements (Property Clean-Up) for August 1998;
File J9805B - Boazding-Up of Vacant Buildings for June 1998;
File J9804C - Demolition of Vacant Buildings for 7uly 1998;
File J9806V - Towing of Abandoned Vehicles for August 1997 and Mazch, April, May,
and June 1998;
File 798TDBC1 - Summary Abatements (Grass Cutting by the TDBC) for July 1998.
1820 Seventh Street East
The I.egislative Hearing Officer recommends approval of the assessment.
1033 Colne Street
The L.egislative Hearing Officer recommends approval of the assessment.
893 Ha¢ue Avenue
The Legislative Hearing Officer recommends approval of the assessment.
164 Milford Street
The Legislative Hearing Officer recommends approval of the assessment.
577 Pascal Street North
The Legislative Hearing Officer recommends approval of the assessment.
270 5eventh Street West
The Legisla6ve Hearing Officer recommends approval of the assessment.
62 Winifred Street West
The I,egislative Hearing Officer recommends approval of the assessment.
� �. . q ss
LEGISLATIVE HEARING REPORT OF 10-6-98
2. Summary Abatement Appeal for 748 Burr Street.
Appeal withdrawn.
Page 2
3. Summary Abatement Appeal and Vehicle Abatement Appeal for 1084 Ed�erton Street.
The Legislative Hearing O�cer laid over to the November 3, 1998 Legislative Hearing.
4. Summary Abatement Appeal for 1904 .Tefferson Avenue.
(Rescheduled from 9-15-98)
The Legislative Hearing Officer laid over to the October 20, 1998 I.egislative Hearing.