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02-784AORIGINAL City of St. Paul RATIFYING ASSBSSMSNT e No_ $EE BELOW Assessment No. 6�.- '� G � BELOW Voting Ward In the matter of the assessment of benefits, cost and e�enses for 2 J0202WV (0979) Towing of abandoned vehicles from private property located at 445 Van Buren Ave. (Pin 36-29-23-21-0075) LAID OVER BY COIINCIL ON 7-24-02 TO 8-28-02 LEGISLATIVS HEARING WILL BS 8-13-02 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 RBSOLVED, That the said assessment be and the same is hereby in all respects ratified. RESOLVED FURTHHR, That the said assessment be and it is hereby determined to be payable in One equal installments. Yeas Nays ✓�enanav ✓�lakey ✓B'ostrom f��,�,.�„1r— coleman �Iiarris �Eantry yFteiter Adopted by the Council: Date ��_ Cert�I'€ied Passes by Council Secretary �In Favor QAgainst r l Ni`AS �v.\ Mayor To Legislative Hearing Officer - 8-13-02 Public Hearing D ate - 8-28-0 T.M.S./REAL ESTATE DIVISION ontaM Persoo and PhoneNumber: oa.�ryP� Date: 7/31/02 � Green Sheet Number: Y Roxanna Fli�- �•� �"_� 266-8859 � Y ATTORNEY crrr cLSx�c Nust be on Counc�l Agenda by: UDGEi DIItECIOR .&MG7.SVC.DIB. VIurt be in Council Researc� �ce ry noon on Friday ublic hearing is 8-2&02 YOR (OR ASSISi.4N'1') 1 omvcu. COTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURF �CTION REQUESTED: At Councils request on 7-2402 this item was laid over to &28-02, Towing of abandoned vehicles from private propertv located at 445 Van Buren Ave. File No. J0202VVV. PLANNING COMMISSION CIVIL SERVICE COh�7ISSION CB COMMITfEE rts whidh Councii Objective Neighborhoods RFC Fanca A STAFF 1. Has the persoN£rm ever worked uoder a con[raM for this department? Code A Entorcement • Has this persoNfrm ever been a City employee? . Does [his person/firm possess a sld0 not oormally possessed by any =, curren[ City employee? Explain all YES answers on a separate sheet and attach. Ward 2 vG PROBLEM, ISSUE, OPPORTUNII'P (Who, What, When, Where, Why?): "SEE ORIGINAL GREEN SHEET NUMBER 111658" IFAPPROVED: A�(1'S� IF APPROVED: IF NOT APPROVED: ,� ���� �. AMOUNT OF'PRANSACTION: $33$.SO COST/REVENUE BUDGETED (C[RCLE ONE) fG SOURCE: ASSCSSIYICllYS OIII)' ACTA'ITY NUMBER: 'IAL INFORMATION: (EXPLAIN) 1 propertv owners will be notified of the public hearin� and charees. YES NO YES NO 1•1Y,.��[Q YES NO Y City of St. Paul Real Estate Division Dept. of Technology & Management Serv R&PORT OF COMPLBTION OF ASSSSSMSNT COUNCIL FILE NO. Fi1e No_ SEE BELOW Assessment No. SEE BELOW 01-' �' Voting Ward In the matter of the assessment of benefits, cost and e�enses Eor 2 J0202WV (0979) Towing of abandoned vehicles from private property located at 445 Van Buren Ave_ (Pin 36-29-23-21-0075) LAID OVSR BY COIINCIL ON 7-24-02 TO 8-28-02 LEGISLATIVS HEARING WILL BS 8-13-02 To the Council of the City of St. Paul 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 $293.50 Engineering and Inspection $ Real Estate Service Fee $ Process Serving Charge $ Charge-Code Enforcement $25.00 Abatement Service Charge $20.00 TOTAL EXPENDITURES Charge To Net Assessment $338.50 $338.50 Said Valuation and Assessment Engineer further reports that he has assessed and levied the total amount as above ascertained, to-wit: the sum of $338_50 upon each and every lot, part or parcel of land deemed benefited by the said improvement, and in the case of each lot, part or parcel of land in accordance with the benefits conferred thereon; that the said assessment has been completed, and that hereto attached, identified by the signature of the said Valuation and Assessment Engineer, and made a part hereof, is the said assessment as completed by him, and which is herewith submitted to the Council for such action �re n as may be considered proper. / Dated / °� � �/ � Valuation and Assessment Engineer w Q a a � C � Q � � O a E £ � N Q N O N 0 i� M .i .i �� �r q�o H 1 O � � fi E N a w � a N 0 a�� a�N � � � M I (p 1 O O O il O� F� in o o n in � z � •�� a� M vi o n m i � � O� N N 11 0l � � i N ll}+h II t"f � i cr} n m i i i a � n n � � n � U i II i II � II ; (p � 000 � Ey I 000 I ii i OOO 'z 1 1 f 1 O O 1 � � . 1 M ri .�i a 1 � Q I N F i i V � Q � W W�000 i E. � o00 Q�000 i a i . � ��no [-� N N � H � � I I ' 1 1 I I 1 I �] I �a i U � i H I w�x m �a' �>w� � z �zww [G � O U pi❑ i U � 4C$�0.' w�� � � � � �� � '� � z�w � o�o H H�z a � o • o H 1 H [i] M 1 U � u] F N � �H pc� tn � J z � (x] i H N 3k � Q �m m xmce� r � ]oa�Cr� � E� m Z W W Q� p: � f� a a � W � m a�a0 � a � xra� � a i i i- io E* fk � a � o o � i ulrv.7 3 i � � � i N O � � � � N i i to .i i � M � r� �n w e� i �. i � ri .'� O [2] W M G� I I RC �h'�'GG� �� °' � wz�a� � �Ww F��azma� 0.' � G W� Z C� � o�z�z�]�z� a�N>Rc o� w � cL �n2 � 3� W a F v a� O � cOCmx � � 0 0 o n o in o o n in . � . M N O II W O\ N N II t�t N+?i? II M U} II Vt i n n n n U ii x wii W WII � W w II O w V II � caz�nH Z� > �� o [qpW ii H �C FC � u � aaanw r2 FC 4C n � H H H n O 000na F F H n a � a w v � a H a c�a W O � a w a a a ti o�=��'1� oa •�wl F� REPORT Date: August 13, 2002 Time: 10:00 am. 130 p.m.(2157 Conway) Place: 330 Courthouse 15 Kellogg Boulevard West LEGISLATIVE HEARING Legislative Hearing Officer Gerry Strathman ��id nver s�m� sbatemea►t: d�2d2V�'4' -'£v�aiag c►f a�naadoned vehicles at 445 Van Bnren Avenue. Legislative Hearing Officer recommends approval of the assessment. 2. The following praperty was ratiSed by t6e City Councii and has been referred back for a Legislative Hearing: J0201V - Assessment of Towed Vehicle at 892 Laurel Avenue Legislative Hearing Officer recommends reducing the assessment from $857.05 to $455 p1u� t�e $45 service fees fap a totat assassment of $500. 3. Summary Abatements: J0204ts Property etean-up for part of May 2002; 302di4B Board up of vacant buildings for April 2002; J0203V Towing of abandoned vehicles from private property for February and March 2002; J02SNOW3 Saowlice removal andlor sanding of watks for January 2002. 1105 Dale Street North (30203V} Legislarive Hearing Off cer recommends laying over to the September 10, 2002, �,egislafive �e��zg. 831 Agate Street (J0203V) Legislative Hearing Officer recommends approval of the assess�senL 1325 Arkwright Sf�eet (J0203V} Legislative Hearing Ofiicer recommends aQproval af itae assessment 727 Buiterna�E t�ser��rae (]02a3�} �egist�€ve i�Ieata�g O€�eer xe�ommencts approval of the assessment. G34IJesoto Street (J0204A) Legislative Hearing Officer recommends approval of the assessment. LEGISLATTVE HEARING REPORT OF AUGUST 13, 2002 4. 5. 45 Lawson Avenue West (J0204A) Legislative Hearing Officer recommends approval of the assessment. 790 Reanev Avenue (T0203� Legislative Hearing Officer recommends approval of the assessment. 727 Simon Avenue (J0203� I,egislarive Hearing Officer recommends approval of the assessment. 1557 R�hite Beaz Avenue North (J0204A) Legislative Hearing Officer recommends approval of the assessment. oa=�i�1A Page 2 1194 Albemarie Street {302�A} Legislative Hearing Officer recommends Iaying over to the August 27, 2002, Legislative Hearfng. 2157 Conway Street (J0203V} Legislative Hearing Officer recommends approval of the assessment. Appeal of summary abatement order for 1353 Pavne Avenue. F.egislative �earing Officer reco�nends denying the appeal. Appeal of snmmary abatement order for 627 Palace Avenue. Legisiative Heazing Officer recommends denying the appeal. rrn ba-= �k`� 1� MINIJTES OF THE LEGISLATIVE HEARING Tuesday, August 13, 2002 Room 330 Courthouse Gerry Strathman, LegisIative Hearing Officer The meeting was called to order at 10:05 a.m. STAFF PRESENT: John Beta, Code Enforcement; Fong Lor, LIEP (License, Inspections, Environmental Protection); Hazold Robinson, Code Enforcement Laid over sammsr� �6sfem�� J0202V�F - T�e�ring of al�adoned �e�i€les at 445 Van Buren Avenue. (Fong Lor provided an interpreting service for tlus address.) The Owner appeazed and stated ti7ai a car was towed from his home. He was not awaze of it, and he got a bill. According ta tfie information ha has, Gerry StratUman responded, orders were sent to the owner on Navember 7, 2UOP, teIliag hun to remove the vehicte. He asked did the owner receive it. The Owner responded he got the nofice, but he told the lady that the caz was dead and it needed to be fixed first. He believes he had the right to keep it there. Mr. Strathman stated even though the vehicle was on his properiy, it is considered by the City to be an abandoned vehicle. When he did not remove it, the City removed it, and this is the biil for the eacpenses. The O�vnner aske� when is a vehicle considered abandoned and how long it can be there. John Betz responded an abandoned vehicle is inoperable, unsecured, or has license plates that aze over 90 days expired. The Owner stated that means fihat even though he has a properry he does not have any rights to keeP anYtY�ag �a P�is �ttoperty. A�r. Stratt�nan respanded it is true that he does not have the right to keep j�t weFeicles fln his properiy. The dwner stated he caTled the lady who said that he couid keep the caz on lus properry. She said not to pazk it on the street or private properry. Mr. Sh�athman responded he is not sure who he talked to, but that is not the correct information. He asked who the woman is. The Owner responded he does not know the name of the person. He called the number on the nofice. Mr. Betz responded he has no record of a conversation. He does not know why the inspector would issue an order to remove a8 amd tt�efa �e�t �im he d'nd mut have to. The tabs were nine months expireci. The Owner asked can the fee be red�szd. �, Strath�a� responded it is already less than average. They are typica�Iy $�k�, '£� c�ne ��ly �33g. �ie cannot reduce it lower than that. Mr. Stsath�ean recommended approvai of the assessment citing the owner received the notice, he did not remove the vehicle, and the City removed it. oa.= �y Pr LEGISLATIVE HEARING MINUTES OF AUGUST 13, 2002 page 2 The following property was ratified by the City Council and has been referred back for a Legislative Hearing: J0201V - Assessment of Towed Vehicie at 892 Laurel Avenue. Yvette Mims appeared and stated her mother owns the property. Her mother was unable to attend the previous meeting because she was in the hospital. Yvette does not reside at the property and does not have information on the property. John Betz reported a acxtice was sent on November 26, 2001, to Walter and Paulene Mims at 892 Laurel Avenue. Yvette responded Paulene is her mother. She resides there, but has been in and out of nursing homes aud haspitats. Walter does not reside there. Yvette's name was added later to the property. Mr. Strathman asked was her mother at the property during this time. Ms. Mims responded her mother was not there. There was someone else there to take care of the home, but they did not fonvard the mail to Ms. Mims. Mr. Betz stated the not�ce was sent to remove an abandoned Chevrolet by December 3. A reinspection was canducted and the veiucle was stiil tkaere. On December 3, the inspector's notes indicate the property owner calied this morning and info�nr.ed her that he was sending a tow order to the police department. The work order was sent and the pofiae impounded the vehicle on December 26. Mr. Strathman asked who they talked to on December 3. Yvette responded it was not she, and she doesn't know who it was. Mr. Strathman stated someone called on December 3. There was aimost three weeks before they got the car. Xeette respo�eded it ��,t�d have been her mother's personal cazegiver that called. Mr. Strathman reco�xs�eends r�ckucing the assessment from $857.05 to $455 plus the $45 adnuaistrateve fees for a total assessment of $500, which is more typical. The legal notification process is proper. Notice was given. However, the size of the assessment is substantially lazger than usual. Summary Abatements: J0204A Praperty cleam-�p 8or p� of Alay ��; 30204B Board np of va�t buiid�gs for Apri120(!2; J0203V Towing of abame�c�n� e�I6ieP� fro� paztvate proper[y fpr Febraar9 and Ma.rei� 2Q42; J02SNOW3 SaowFxee removal and/or sanding of walks for January 2002. 1105 I3ate Street North (J0203� (Fong Lor provided an interpreting service for this address.) oa-'�`� A- LEGISLATTVE HEARING MINUTES OF AUGUST 13, 2002 Page 3 Cha Pao Her, owner, appeazed. John Betz reported that they do not have the paperwork with them. Mr. Her responded he did not mail the green cazd. (He had the green cazd with him.) Mr. Strathman asked would September 10 work for him. He wouid be sent a letter. Mr. Her responded yes. Mr. Strathman. rzcoauEneads Baying over ta t�ie September 14, 2�42, Legislative Hearing. The records for ttzis property are not avai7able because the greea card was �tot r�turned to Code Enforcement 831 Agate Street (J0203V) (No one appeared to represent the groperty.} Gerry Strathman recommends approval of the assessment. 1325 Arkwri�ht Street (J0203V) (Na one appeazed to represent the property.) Gerry Strathman recommends approval of the assessment. 727 Butternu� Avenaae (df}2(l3V} Julie Landrevi11e,1208 Saint Jahns Drive, appeazed on behalf of her husband who owns the property_ S�ae is na� w$fll versed on the rights of the property owner. They had a renter living there. He was a good renter except for the last six months. He has been evicted. She and her husband received a notice about an abandoned vehicle on the progerty. The rentet assurecl them that he would move the caz. They did not drive there to u�ake s�e he d'€d. They cleaned out the house and then got this notice in the mail, They said �3ze g�roge�ey � are cflosing on it ne� week. Gerry Strathman stated the legal process is the �iEy is required to notify the owner to gi�e the owner an oppominity to correct the prob]eus. T$ie City sends a tow truck to pick up the vehicle, it is taken to the Impound Lot wt��e it %� tt�re 1� �t for 15 days. If it is not picked up, the City wilI se11 it at #he ue� a�aarn_ �� � ce3am��ngpaee for a vefucle to be at the Impound Lot for as much as 3(E �ay�. '� c�ge �er� es for ghe tow company to get the vehicle, the Impound Lot charges $15 a da}�, aad ��y subtract &om that whatever they get for it. Ms. F,audreviTIe asked was the car sold. Mr. Strathman responded that this address is not in his paperwork, but they typically sell for less than $50. In these situations, the City always goes to the property owner. This will have to be cleazed before the closing. He understands why this happens, but the responsibility still lies with the properry owner. It will go before the City o�--���I� LEGISLATIVE HEARING MINUTES OF AUGUST 13, 2002 Page 4 Council shortly. If the ciosing happens before that, she might want to contact the Real Estate department so it can be cleared before the closing. Ms. Laudreviile responded they have been up front about this situation with the owner. Mr. Strathman recommends approval of the assessment. 2157 Conwav Street (J0203V) (This property will be heard toc3ay at F�te 134 ffieefmg_} 694 Desoto Street (342f14A) (No one appeazed to represent the property.) Gerry Strathman recommends apgroval of the assessenent. 45 Lawson Avenue West (J0204A) (No one appeazed to represent the properry.) Gerry Strathma� racommends approval of the assessment. 790 Reanev Avenue (J0203V) Richard Parranto agpeazed and stated he is the only relative of the 93 year old woman who owns the property. Gerry Strathman stated a norice was sent to the property owner on Febniary 13, 2002, that an abandoned vehicle shouid be resuoved. The inspectar went back on March 12, the vehicle was still there, and the golice remvved it o� Ivtarch 20. There �as a period of almost six weeks between the tivas she was �catif ed to reuiove it and the City removed it. The $370.60 is the cost the City in�urced in towing, storing, and auctioning the vehicle. This is less than it typically is. Mr. Parranto responded this area is being purchased by M& H Gasoline Station, which is adjacent. It is an industrial zone. The house is surrounded by the gas atation, the 3M parking lot, and a commercial office building. The rest of the block has been cleared except for three houses. The owner fell in the back yazd, has been hospitaliz�st, a�ad is at�aw ut a nmrsi�� hcsme. She would like to get back to the fiome. The thirt� hoe��e is the one uz�dar question, �vhich has been rented out to the same man for seven yeazs. He buys junk cars ffi�ffi the City, btings the�a there, remodels them, and rebuilds them. This �s beert gct�g c� €o� seven years. Mr. Parranto ask�c€ who ccra�p�amed_ He gue�ses it was M& H Gas trying to force them to sell the pmperEy� 1S�fra �f.�ai�arc resgonded �tie name of complainants cannot be disclosed under the law. oa-'�'`� � LEGISLATIVE HEARING MINiJTES OF AUGUST 13, 2002 Page 5 Mr. Parranto stated the City was not aware the owner changed from the hospital to the nursing home. She called the man to tell him to get the caz out of there. The nea�t thing they knew, it was gone. Then, they got the notice from the City. Mr. Parranto stated there is no license on the vehicle, the City sends a notice to someone in the hospital, and expects them to police something that has been legal all these yeazs. The purpose of the law is to vphold the quality of a neighborhood, wluch is gone since M& H took over the property. T�is is a mp���e of justice. Hazold Robinson responded notice was also sent to the occupant of 7�(t Reauey. Mr. Strathman stated the properry owner typically makes the tenants pay the asaessment when rt i� the tenant's responsibility. Mr. Strathman stated it is the law. Mr. Parranto responded the law is suppose to protect something, but there is nothing to protect. Mr. Strathman recommends approval of the assessment. 727 Simon Avenue (J0203� (No one appeazed to represent the property.) Gercy Sfzaathman recommends approval of the assessment. 1557 White Bear Avenue North (3672Q4A) (No one appeared to represent the property.) Gerry Strativ�san a°eemmffiends appraval af the assessment. Appeat of summary abatement order for 1353 Pavne Avenue. Steven D. Mazk, 5110 Division Street, White Beaz Lake, appeazed and stated he received a summary abatement in the mail for a camper trailer pazked on a lawn uea and four tires. He aJ so received two misdemeanor citations. The boat and the camper trailer 2�ave beua moved to the Class 5 area. The windows haue been fixed. T'he missing screen is at tlie Faardware store. The tires aze gone. Mr. Stratlunau aesponded ��ae ca�snot deal v,nth the citations. The svmmary abatement order was issetecp on Aagust Y, �dtf92, to remove rubbish and tires. It l�as "Discontinue pazking trailersWehicles on dirt/grass." Mr. Strathman stated he has a�seady e�ealt �n �ae sasnmary �t:atement order so there is nothing to deal witFe c��z that. t�s fcrr the c�tations, that has to be handled in the courts. Mr. Mazk responc€ed ibat �e w� do t�, but it is unfortunate that people will be getting tickeu that aze illegal. Mr. Strathman recommends the appeal is denied citing the owner has akeady complied. LEGISLATIVB HEARING MINUTES OF AUGUST 13, 2002 1194 Albemazle Street (J0204A) Eric Nelson, new owner, appeazed. oa-� tKl !� Page 6 Mr. Strattiman recommends laying over to the August 27, 2002, Legislative Hearing as the owner did not send in his green cazd and the paperwork was not available at this hearing. Appeal of summary abatement order for 627 Palace Avenue. Amo Kamer, owner, appeared and stated the City's inaction with the ethanol plant has caused him hearing 2oss. The plant is making it unsafe for him to be outside. He will not do any outside maintenance on lus house wltil the City makes the ethanol plant come in compliance with the current rules and regulations. He is here to ask for a hearing in front of the City Council. Mr. Strathman responded he ianderstands the situarion with the ethanol giant as does everyone in City Hall. Mr. Karner respanded he seriously doubts that Mr. Steathman can understand the ringing in his eazs, the sharp gains in his ears, and the tornue that he has been through for the past three yeazs. Mr. Strathman responded Mr. Karner is probably right about that; however, the City is awaze that the ethanol plant is a problem and is doing what they can about it. The City cannot allow Mr. Karner's property to remain like this. Mr. Kas?aeP stated he witl pay other people to do the maintenance as long as he can appeal to the City Counci� and get a hearing before them where he can state his case. The City Council should pay ta maintain the outside of his properiy because of their inaction eturing the past three years. He is being forced to pay money to have someone else da it or hurt himself by doing it. Mr. Strathman responded if he owns property, he will have to find a way to maintain it one way or another. Mr. Strathman stated idus will be on the pubiic heating portion of the City Council agenda; therefore, Mr_ Karner w�i have a right to speak before the City Council. Mr. I{arceer stated if he does the work or pays someone to do it, will the appeal be cancelled. He did not want to do this, but he did it to get his appeal before the City Cvunci�. Mr. Strathman responded the City will not abate this unless they conseder a� an emergency situation, and it does not look like an emergency. It is technicaafldy the case that �e order could be withdrawn if the cause for it has been removed_ In that case, resgonded Mr. Kasner, he cannot and will not do the work and he wi12 co�n�+its�e his �►eighbors not to do it for hi� Also, �Se wor�d like a norice sent in the mail or via e-mail to caufi.ran the Ciiy Counci� clate. Mr. Betz stated he �as a prs�bflega wit� �te refrigerator stored outside. Mr. Karner responded the door is e,ff �td t�ve apen side is pushed up against the house. Mr. Betz responded that is not an emergeney then. Mr. Strathman recommends denying the appeal of the snnunary abatement order. This matter will most likely be on the City Council agenda for August 28. oa-_'�r�{� LEGISLA'ITVE HEARING IvIINUTES OF AUGUST 13, 2002 Page 7 The meeting was adjourned at 11:00 a.m. Note: 2157 Conway Street, 70203V, will be heazd at the 130 meeting today. !�s�