02-645Return copy to:
Real Estate Division(lal)
140 City Hall
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Presented By
Referred To
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Conncil File # ��_ Lys
Green Sheet # 111922
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i WHEREAS, on May 22, 2002, the City Council of the City of Saint Paul adopted Council File #02-452, said
z Resolution being the Ratification of Assessments for the demolition of buildings from February, 2002 through
s part ofMazch, 2002, and
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WHEREAS, the property at 1015 Sherbuxne Avenue, being described as:
Lot 13, American Building Co. Plat 1
with the property identification number of 35-29-23-23-0072 was assessed an amount of $1,572.50 for the
demolition of a garage, and
�z WHEREAS, the damage to said garage resulted from a police chase, creating a hazazd which made it necessary
is � for the City to have a contractar immediately remove the damaged garage and resulting debris. The properiy
ia owner was not given the opportunity to remove the damaged property herself, and
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WHEREAS, the unusual circumstances of the situation created a significantly higher cost to correct than a
typical garage debris removal, and
WHEREAS, the Legislative Hearing Officer has recommended that the assessment be reduced to the amount
of $465.00,
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THEREFORE BE IT RESOLVED, that the amount of the assessment for this properly be reduced from
$1,572.50 to $465.00, and
a BE IT F[TRTHER RESOLVED, that the reducrion of $1,107.50 be funded by the Exempt Assessment Fund.
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T.M.S./REAL ESTATE DIVISION Date: June 13, 2002 Green Sh et Number: 1 T 1922
Contact Person aud Phone mber: �� v� �- �,;, 2 DEPARTMENT D 4 CI'CY COIJNCII.
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Peter White 266-8850 �� 1 c�An'o�Y G • crrrc�.E�c
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Must be on Couocil Agenda by: ��
y . ,;,�; 3 MAYOR(ORASSIS7ANP) RF,AI,ESTATEDIVISION
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TOTAL # OF SIGNATURE PAGES I (CLIP ALL LOCATIOYS FOR SIGNATURE)
ACTION REQUESTED:
pprove a Council Resolution to reduce the amount of an assessment for clean-up of a demolished building at
1015 Sherburne Avenue.
RECONIMEENUAT/ONS: APPROVE (A) OR RHJF.CT (R) pERSONAL SERVICE CONTRACTS Mi1ST ANSWER THE FOLLOWING:
1. Has t6e person/firm ever worked under a contract for this departmeot? YES NO
PLANNINGCOMMISSION A STAFF
2. Haz this persoo/firm ever been a City employee? YES NO
CNd SERV[CE COMMISSION
3. Does this persoNfirm possess a sldll not normally possessed by any YES NO
Cis CoamnrreE current City employee?
Ex Iain all YES answers on a se arate sheet and attach.
SUPPORTS Wf[ICH COUNCIL OBJECTNE?
COUNCII, 1 DISTRICT PLANNING COUNCIL 7
ARD(S)
INITIA7TNG PROBLEM, ISSUE, OPPORT[JNITY (4Vho, What, When, Where, Why?):
During a police chase, the pursued vehicle drove into and demolished the garage at 1015
Sherburne Avenue, resultin in excessive costs for services.
ADVANTAGESIFAPPROVED:
Assessment for the clean-u would be reduced a ical char e for similar work done.
DISADVANTAGES IF APPROVED:
Reduction difference would have to be funded by the City's Exempt Assessment Fund.
DISADVANTAGES IF NOT APPROVED:
Property owner would be assessed at a level unusually high due to circumstances beyond her
control.
TOTAL AMOUNT OF 1RANSACTION: $1�10 I.SO COST/R£i�ENUE BUDGETED (CIIiCLE ONE) YES NO
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FUNDINGSOURCE: E%0111�1tASS0SSI11QllYFyIII(IS ACTIVITYNU GL001-09051-0542
FINANCIAL INFORMATION: (EXPLAI�
OriginalAssessment $1,572.50 j} �v ���� ��
Amount of Reduction: - $1.107.50 � � � � � � � � � �
Proposed Assessment Amount: $ 465.00 5 ' °- ' �
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-__ CITY OF S�INT P�L; L
—`�� = COU\CIL INVESTIGATION A\D RESEARCH CENTER
GERRY STRATHMAN
Dfrecmr
June 5, 2002
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Peter White, Manager
Real Estate Division
Room 140 City HalUCourthouse
15 West Kellogg Blvd.
St. PauI, MN 55102
Re: 1015 Sherburne Avenue, Property ID 35-29-23-23-0072, Project J0201C
Dear Peter:
As Legislative Hearing Officer, I recently heard two appeals regarding assessments against properties at
1011 Sl�erburne Avenue and 1015 Sl�erbume Avenue. The facts were that garages at both of these
properties were destroyed as the result of a police chase. Because of the immediate hazard created by
these damaged garages, the City had a contractor immediately remove the damaged gazages and resulting
debris. The cost of this emergency demolition and clean-up of $3,145.00 was divided equally and each
property was assessed $1,572.50.
The property owner at 1011 Sherburne promptly appealed this assessment and, upon hearing the facts of
this case, I recommended tl�is assessment be reduced to $465.00, whicl� is what he received from his
insurance company for removal of the damaged garage.
The property owner at 1015 Sherburne did not promptly appeal this assessment, but did appear at
yesterday's Legislative Hearing seeking relief. Because this assessment has already been approved by
the City Council, I cannot reduce it. I do, however, believe the assessment is too l�igh given the
situation, and I will be recommending the City Council reduce this assessment by Council Resolution.
The property owners in this case were innocent victims who experienced properiy damage as the direct
result of law enforcement efforts of the Saint Paul Police Department. They were not given an
opportunity to remove the damaged property themselves because of emergency action of the City of
Saint Paul. Tlie owners are agreeable to paying an amount equal to the compensation received from
their insurance companies for garage removal. Therefore, please prepare a City Council Resolution
reducing the assessment for 1015 Sherburne from $1,572.50 to be $465.00.
Piease send this resolution to me and I will see flie matter is placed on the City Council agenda for
consideration. i
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Gerry Str�Fhman, Legislative Hearing Officer
CITY HALL SUITE 310 SAINT PAUL, MINNESOTA 55102-1615 651�266-8560
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Pnnmd on Recycicd Pa{rer
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MINUTES OF THE LEGISLATIVE HEARING
Tuesday, June 4, 2002
Room 330 Courthouse
Gerry Strathman, Legislative Hearing Officer
The meeting was called to order at 10:02 a.m.
STAFF PRESENT: John Betz, Code Enforcement; Roxanna Flink, Real Estate; Steve Magner,
Code Enforcement Tchu Yajh, (PED) Planning and Economic Development
Laid Over Summary Abatements:
871 Fourth Street East (J0201 V�
Jeff Wukawitz, representing Wukawitz Properties LLC at 4858 Bloom Avenue, White Bear
Lake, appeared and stated there was a vehicle towed from 871 Fourth Street East. The process
begun prior to his purchasing the property. He was never informed that a vehicle was being
towed off his property, even though the towing occurred after his possession. He asked if
someone steals a caz and parks it in his driveway, why he should be taaced for hauing it towed.
Mr. Strathman responded this is not a tas; the City is recovering costs.
John Betz reported the notice was sent on August 6, 2001, to the recorded owners at the time of
the violation: Anthony and Patricia Ackerman. The inspector tried to call the owners, but the
phone was disconnected. The work order was sent to the Police Department, who towed the
vehicle. Mr. Wukawitz responded that was two previous owners ago.
Mr. Strathman recommends reducing the assessment from $737.10 to $555 plus the $45 service
fee for a total assessment of $600. The City did notify the owners on record. There may be
some recourse to the seller or title insurance. However, the assessment is high under the
circumstances.
1051 Stinson Street (J0201VV)
(Tchu Yajh provided an interpreting service for this address.)
Xhon Ching Yang, owner, appeared and stated someone towed his vehicle. In October, he saw a
cop give him a parking ficket. The cop asked him what he was planning to do with the car. He
told the cop that he was planning to fix it, and if he cannot fix it, then he would haue it towed
away. Mr. Yang went to the hospital where he was visiting his wife, returned to the house, and
the car was gone.
Gerry Strathman stated his information shows the owner was notified August 16, and it was not
towed until September 17. Mr. Yang responded he never received a letter. (Note: the vehicle
was rechecked on September 17; it was actually towed on October 23, 2001.)
John Betz reported his office sent a notice on August 16 to Ching Yang and Mao Thor at 1051
Stinson. Mr. Yang responded that is his name, but he never received the notice. The lads may
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LEGISLATIVE HEARING MINLTTES OF JUNE 4, 2002
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haue received it and misplaced it. He did not think the City would tow the vehicle that soon.
Gerry Strathman recommends reducing the assessment to $600 because the assessment is higher
than customary. Mr. Yang responded he will have a hazd time coming up with $600. He just
lost his job. He and his wife are living on unemployment.
(There was discussion among Roxanne Flink, Gerry Strathman, and Mr. Yang about extending
the length of pay for tlus assessment. Mr. Yang said he would pay the assessment over one year.
Ms. Flink explained this is normal and that no special recommendation is necessary.)
Gerry Strathxnan recommends reducing the assessment from $707.05 to $555 plus the $45
service fee for a total assessment of $600.
872 Ha¢ue Avenue (J0201V�
Bill Harrison, owner, appeared and stated he brought proof that he had tabs on the car.
(Gerry Strathman looked at the documettt.)
Mr. Strathman stated the vehicle was towed on November 14, 2001. According to the document,
the owner purchased tabs on November 2, which would haue been 12 days before it was towed
and a day after it was rechecked.
(John Betz and Steve Magner looked at the document.)
Gerry Strathman recommends deleted the assessment.
1011 Sherburne Avenue (J0201CC)
Arthur Schwarz, owner, appeared and stated there was a police chase down the alley. They
lrnocked dovcm two garages. The police took the person away. The City wants Mr. Schwarz to
pay for hauling away the gazage.
(Mr. Schwarz showed some photographs.)
Steve Magner reported there was a police chase involving a stolen vehicle. As a result, a vehicle
hit two detached garages in the alley. At the scene, the buildings were severely damaged and
needed to be removed. A contractor who was on call came out, removed the gazages, and the
assessment was split between the two properties so the City could recover the funds.
Mr. Stratlunan asked about insurance. Mr. Schwartz responded his insurance paid $465 for
removal.
Gerry Sirathman reduced the assessment from $1,572.50 to $420 plus the $45 service fee for a
total assessment of $465.00. The owner should not have to pay such a high assessment because
of the result of police action.
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LEGISLATIVE HEARING MINUTES OF JUNE 4, 2002
706 7essamine Avenue East (J0201 V�
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Alan Stage, 706 Jessamine Avenue East, appeared and stated he is representing his parents. (He
read a letter from his dad Timothy Stage.)
John Betz reported notices were sent twice regarding this vehicle. A conecrion notice was sent
out on November 9, 2001, to Timothy and Bazbaza Stage at 706 Jessauiine Avenue East with a
compliance date of November 19. On the reinspection, the vehicle was still there. A summary
abatement notice was mailed to the same owners and address with a new compliance date of
December 10. The police unpound the vehicle on December 22. The vehicle lacked current
plates and appeared to be inoperable.
Gerry Strathman stated he does not understand why the owners did not receive the notices. The
notices were sent via U.S. Mail, which is considered legal service. Normally, only one notice is
sent. A vehicle not properly licensed is considered to be abandoned. It does appear the City met
its notice requirement.
Gerry Strathxnan recommends reducing the assessment from $917.05 to $555 plus the $45
service fee for a total assessment of $600.
1824 Bush Avenue (J0201 V�
Mary Haugen, owner, appeared and stated it was her car that was towed.
John Betz reported his office issued orders on November 20, 2001, with a compiiance of
November 29. The reinspection was on December 5, the vehicle was still in violation, a work
order was sent to the Police Department, and the vehicle was impounded on December 13.
Ms. Haugen asked does the notice read that it will be stored. Mr. Betz responded the notice
reads that the charges far the removal of the vehicle will be approximately $600 for each vehicle.
Sometimes it goes over that amount depending on what happens at the police department lot and
other factors.
Ms. Haugen stated she did not consider it an abandoned vehicle, but she did not know it is an
abandoned vehicle if the tags are not renewed.
Gerry Strathman reduced the assessment from $890 to $355 plus the $45 service fee for a total
assessment of $400. This recommendation takes into consideration the $200 that the City
received forthe vehicle.
418 Blair Avenue (70201AA)
(No one appeazed to represent the property.)
Gerry Strathman recommends approval.
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LEGISLATIVE HEARING NIlNLTTES OF JLTNE 4, 2002
912 Carroll Avenue (J0201AA)
(No one appeared to represent the property.)
Gerry Strathman recommends approval.
1105 Dale Street North (J0201AA)
(No one appeazed to represent the property.)
Gerry Strathman recommends approval.
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Resolution ordering the owner to remove or repair the property at 952 Farrington Street.
If the owner fails to comply with tLe resolution, Code Enforcement is ordered to remove
the building. (Laid over from 4-23-02)
Steve Magner reported this was a single family dwelling that had a north wall cave in. The
mortgage company's attomey Lany Zielke was the representative at the meeting on Apri123. He
indicated he needed a short period of time to find out what the mortgage company wanted to do.
He indicated he was going to let the City demolish the building or end up representing it. Mr.
Zielke received a lay over letter and he was called about today's hearing. Code Enforcement is
going to follow through with the 15 day repair or remove order.
Gerry Strathman recommends approval.
J0106AAAA Property clean up at 1109 Magnolia Avenue East.
Gerry Strathxnan recommends laying over to the June 11, 2002, Legislative Hearing at the
request of the owner.
1015 Sherburne Avenue (J0201C)
(Note: this assessment has already been ratified by the City Council.)
Janet Hall, owner, appeared.
Steve Magner stated this is the same situation as 1011 Sherburne, which was heard eazlier.
Gerry Strathman stated the owner of 1011 Sherburne indicated he had insurance and received a
reimbursement. He asked Ms. Hall how much she received. Ms. Hall responded the insurance
company paid her to replace the garage. She does not mind paying the assessment, but her
objection is to the amount.
Roxanna Fiink reported that this assessment has already been approved by the City Council, and
the invoice has been issued.
Gerry Strathman reduced the assessment from $1,572.50 to $420 plus the $45 service fee for a
total assessment of $465.00. He will need to get a resolurion from a Councilmember to reduce
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LEGISLATNE HEARING MINUTES OF 7iJNE 4, 2002
this assessment because it has akeady been ratified by the City Councii. He will talk to
Councilmember Blakey about this issue.
Appeal of Summary Abatemenf Order af 1036 Lombard Avenue.
(Stephen R. Arnott wrote a letter infonning the City that he is withdrawing his appeal.)
The meting was adjourned at 10:40 a.m.
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