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02-903City of St. Paul 0 R I G f NA L R&SOLIITION RATIFYING ASS$SSMSNT � �z�, Fz o. oa-qo3 By �45 Fil No. SEE BELOW Assessment No. SEE BELOW Voting Ward In the matter of the assessment of benefits, cost and e�enses for 2 J0203VW (0985) Towing of abandoned vehicles from private property located at 1105 Dale North. (PIN 26-29-23-11-0063). LAID OVER BY LSGISLATI'VS HEARING OFFICER ON 8-13-02 TO 9-10-02 COUNCIL AfiARING WILL BS 9-25-02 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 RESOLVED, That the said assessment be and the same is hereby in all respects ratified. RESOLVSD FURTHER, That the said assessment be and it is hereby determined to be payable in One equal installments. Yeas Nays t/Benanav �lakey �ostrom yColeman a4f�srlC—Harris �antry yReiter �In Favor Q Against _ Abs�r.� Adopted by the Council Date� , �J.S �o,.� r Certified Passes by Council Secretary To Le�slative Aearing Officer - 9-10-02 T.M.S./REAL ESTATE DIVISION ontaM Person and Phone i`Iumbe : Roxanna Flin�• fi�c� Nust be on Council Agenda by: Ylust be in Council Researc6 O�ce �~ 266-8859 Date: UDGET DIRECTOR .& MGT. SVC. DIR YOR ORASSIS7 OUNCII,RESEARCH oa..qoa g/2']/p2 Green Sheet Number: EPARTMEI�7' DIILF.CIOR C1TY COUNCII. C1TYA77'ORYEY C17YCLERK w noon on Friday nblic hearing is 9-25-02 � ""'� 1 COTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) �CTION REQUESTED: At Legislative Hearing Officer's request on 8-13-02 this item was laid over to 9-10-02 Legislative Hearing, Towing of abandoned vehicles from private property located at 1105 Dale North. File PLANNING COMMLSSION CNII. SERVICE CODIMISSION CIB COPA�TI'EE rts wAid6 Council Objective Neighborhoods A STAFF Code A Enforcement [� Has the person/firm ever worked under a contrac[ for [his department? Has this persoNfirm ever been a CiTy employee? Does this person/firm possess a skill not normally possessed by any current City employee? Explain all YES answers on a separate sheet and attach. VG PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why?): "SEE ORIGINAL GREEN SHEET NUMBER 111662" AGES IF APPROVED: IFAPPROVED: IR NOT APPROVED: �'�Ji3 �+ € L�Side AL AMOUNT OF TRANSACITON: $SAZ.OS COST/AEVENUE BUDGETED (CIRCLE ONE) DING SOURCE: ASSESSDI011YS 011�}' ACTNITY NUMBER: 1NCIAL INFORMATION: (EXPLAIN) 1 property owners will be notified of the public hearine and charges. 204002 YES NO YES MO YES NO YES NO 6?- � �°� r��z. �.7�ii Date: September 10, 2002 Time: 10:00 a.m. Place: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING Gerry Strathman Legislative Hearing Officer Laia over summary abatement trom 8-13-02: J0203WV - Towing of abandoned vehicle(s) from 1105 Dale Street North. Legislative Hearing Officer recommends approval of the assessment. 2. Summary abatements: J0201G Grass cutting by private coutractor during part of May 2002 through part of June 2002; J02TRASH2Q Provide weekly garbage hauling service for the second quarter of 2002; J0203C Demolitions of buildings from June 2002 to part of July 2002; J0205A Property clean-up for part of May 2002 through part of July 2002; J0205B Board-up of vacant buildings for May 2002. 690 Lawson Avenue East (J0201G) Legislative Hearing Officer recommends deleting the assessment. 1459 Sherburne Avenue (J02TRASH2Q) Legislative Hearing Officer recommends approval of the assessment. 391 Case Avenue (J0205A) Legislative Hearing Officer recommends approval of the assessment. 815 Charles Avenue (J0205A) Legislative Hearing Officer recommends laying over to the October l, 2002, Special Legislative Hearing. 489 Hatch Avenue (J0205A) Legislative Hearing Officer recommends approval of the assessment. 1740 Stillwater Avenue (J0205A) Legislative Hearing Officer recommends laying over to the October 1, 2002, Special Legislative Hearing. 857 Jenks Avenue (J0203C) Legislative Hearing Officer recommends delering the assessment. o'�..-'i�� LEGISLATIVE HEARING REPORT OF SEPTEMBER 10, 2002 Page 2 1436 Ravmond Avenue (J0205B) Legislarive Hearing Officer recommends approval of the assessment. 3. Summary Abatements: J0202G Grass cutting by private contractor for part of July 2002; J0204V Towing of abandoned vehicles from private property for Apri12002 and part of May and June 2002 J0206A Property clean-up for part of July 2002; J0206B Boarding-up of vacant buildings for June and July 2002. 1011 Conwa,�Street (J0204� Legislarive Hearing Officer recommends laying over to the October 1, 2002, Special Legislative Hearing. 490 Edmund Avenue (J0204� Legislative Hearing Officer recommends approval of the assessment. 1504 Sherburne Avenue (J0204V) Legislative Hearing Officer recommends reducing the assessment from $512.05 to $155 plus the $45 service fees for a total assessment of $200. 1816 Stillwater Avenue (J0206A) Legislative Hearing Officer recommends approval of the assessment. 837 Fourth Street East (J0206B) Legislative Hearing Officer recommends approval of the assessment. 931 Marshall Avenue (J0204V) Legislative Hearing Officer recommends approval of the assessment. 1416 Park Street (J0206A) Legislative Hearing Officer recommends approval of the assessment. 1630 Reanev Avenue (J0204V) Legislative Hearing Officer recommends approval of the assessment. 846 Van Buren Avenue (J0204� Legislarive Hearing Officer recommends approval of the assessment. 719 Case Avenue (J0206A) Legislative Hearing Officer recommends laying over to the October 1, 2002 Special Legislative Hearing. o�.-�a3 LEGISLATIVE HEARING REPORT OF SEPTEMBER 10, 2002 Page 3 4. Laid over summary abatement from 8-13-02: J0203VVVV - Towing of abandoned vehicle(s) from 1569 Stillwater Avenue. Legislarive Hearing Officer recommends reducing the assessment from $1509.10 to $430 plus the $70 service fees for a total assessment of $500. 5. Appeal of summary abatement order at 1240 Berkeley Avenue. (Rescheduled from 8-27-02) Legislarive Hearing Officer recommends laying over to the November 12, 2002 Legislafive Hearing. 6. The following assessment has already been ratified by the City Council: 522 Lawson Avenue East Legislafive Hearing Officer recommends approval of the assessment. 7. Laid over summary abatement from 8-27-02: J0204AA - Property clean-up at 1194 Albemarle Street. Legislative Hearing Officer recommends laying over to the October 8, 2002, Legislative Hearing. 8. Resolution ordering the owner to remove or repair the property at 130 Sycamore Street East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the buffding. (This property was demolished by the owner; no acrion is needed.) rtn aa=1� MINUTES OF THE LEGISLATIVE HEARING Tuesday, September 10, 2002 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: John Betz, Code Enforcement; Roxanne Flink, Real Estate; Fong Lor, LIEP (License, Inspecrions, Environmental Protecrion); Steve Magner, Code Enforcement; John Marshall, City Council Offices; Harold Robinson, Code Enforcement The meeting was called to order at 10:08 am. Laid over summary abatement from 8-13-02: J0203WV - Towing of abandoned vehicle(s) from 1105 Dale Street North. (Fong Lor provided an interpreting service for this address.) Cha Pao Her, owner, appeared and stated he had a 1986 Caniry in the backyazd since October 2001. It was towed in December. Gerry Strathman asked did he receive a notice from the City to remove the abandoned car. Mr. Her responded he doesn't read English, and might have received something. In Saint Paul, stated Mr. Strathman, a person is not allowed to store a vehicle in their front yazd. Any vehicie that is stored outside has to have current plates, be operable, eta It appeazs the City inspector determined the vehicle was not properly stored. Mr. Her asked how long he can pazk the caz on the property. Mr. Strathman responded if it is on a proper surface, operable, and licensed, it can be kept there indefmitely. It is considered abandoned 90 days after the tabs are expired. Mr. Her stated he was not sure how many days they were expired, but he was planning to renew it. Mr. Strathman stated the vehicle was abandoned, the owner was sent no6ce to remove it, he didn't remove it, and the City removed it. These are the charges the City incurred for towing, starage, and processing the vehicle. The chazges of $542.05 aze typical for this situafion. The fact that he couldn't read the letter does not excuse him from complying with the law or the direcrive. In the fuhxre, he should get someone to read for him any letters from the City. Mr. Her stated there are a lot of inoperable vehicles all over the place. Mr. Strathman responded someone probably called and complained about this vehicle. Gerry Strathman recommends approval of the assessment. 6 �- LEGISLATIVE HEARING MINUTES OF SEPTEMBER 10, 2002 Page 2 of 11 Summary abatements: J0201G Grass cutting by private contractor during part of May 2002 through part of June 2002; J02TRASH2Q Provide weekly garbage hauling service for the second quarter of 2002; d0203C Demolitions of buildings from June 2002 to part of July 2002; J0205A Property clean-up for part of May 2002 through part of July 2002; and J0205B Board-up of vacant buildings for May 2002. 690 Lawson Avenue East (J0201G) (John Mazshall provided interpreting services on this address.) Hazold Robinson reported there are no records auailable on this abatement. It is an old one. Roxanne Flink reported it is about a grass cutting. Alberto Reynoso, owner, appeared and stated he cut the front yazd in May and the reaz was not cut. He thought it was all cleaned up. He received a nofice dated June 26, 2002. It was cut after he received that notice. He dces not understand why he received a second notice on July 21. John Betz asked is this a vacant building. Mr. Reynoso responded he lived in the building. He moved out of the building June 1. Mr. Betz stated he thinks it is a vacant building, and they used a contractor to do the cutting. There are pictures in the vacant building file. Gerry Strathman recommends deleting the assessment. It is clear the City does not have its records straight. 1459 Sherburne Avenue (J02TRASH2Q) Mike Skinner, owner, appeazed and stated he received a few assessments earlier this yeaz for garbage pickup. EvidenUy, his company did not pick up the gazbage in a rimely fashion. He then contracted with Superior, and they have been picking up the gazbage on a regulaz basis since then. John Betz reported this is a property where the City had to notify the owner there was no gazbage service at this property. Proof was not provided by the City that there was a licensed hauler, and the City provided trash service to the property. From looking at the file, it seems the service has been discontinued. The City picked up the trash from Mazch through June 28. There has been trash all over this property. It has been a neighborhood problem. Roxanne Flink reported trash hauler assessments are done quarterly. Service was provided on the following days: Apri12, 9, 16, 23, 3Q May'7, 14, 21, 28, June 4, 11, 18, 26. This is the charge for all of those gazbage pickups. Mr. Skinner responded this is the second or third oa- q�� LEGISLATIVE HEARING MINLJTES OF SEPTEMBER 10, 2002 Page 3 of 11 assessment he received. He has changed gazbage haulers. There was a problem with people dropping off trash there. He has been paying double because he also paid the haulers he hired previously, who did not do a good job. He has a new hauler, and he is still getting assessed by the City. Mr. Strathman stated the City t�as discontinued their service. Mr. Betz added he does not have any assessments more recent than June 28. Mr. Skinner stated his tenants were confused about when the gazbage was being picked up. Mr. Strathman stated this is about the City recovering the cost incurred. It is not a penalty. The City has discontinued doing this now that there is a private hauler. The pickups seem consistent with the assessment. Gerry Strathman recommends approval of the assessment. Mr. Betz added he will make sure the service is discontinued. 391 Case Avenue (J0205A) Sheryl Tickal, owner, appeazed and stated there were items in the backyazd. She was pulling Uungs out of the property because there was going to be a local cleanup day by the district council on May 25. She called the inspector and explained the situafion, and he said he would give an extension and do a recheck on May 28. May 28 came and went. She left town on June 1. Everythiug was correct. When she rehirned on June 12, she was informed the City had taken the snowblower, and walldng staffs. While they were there, they wrote a second order for grass. She does not feel the gra'ss was too high. She made a good faith effort to comply with the originaI order. She wants to view the videotape to see how the assessment was split. Gerry Strathman responded this has nothing to do with grass; it has only to do with a cleanup. When the City truck came up the alley, stated Ms. Tickal, they hit the neighbor's steps and cracked them. This was observed by another neighbor, who also had an interaction with the inspectors. (A videotape was shown.) Mr. Strathman stated she asked for an extension to May 28, but the material was still there on June 26. Ms. Tickal responded that most of the items listed on the order were by the house, but the City workers did not go by the house. She picked up a lot of stuff: washing machine, wood, etc. The snow blower was not broken. All the items on the original order were picked up. Mr. Strathman stated there aze items listed here that were picked up, such as the tire. Ms. Tickal responded there were five tires there. Some of the items picked up were still good. There was no credit given for what she did do. A lot of the items were removed. Mr. Strathman responded whether it is better or not better is not the point. The point is it is not suppose to be there at all. C��-.wa� LEGISLATIVE HEARING MINUI'ES OF SEPTEMBER 10, 2002 Page 4 of 11 Ms. Tickal stated none of the items he just saw were in the yard They were all in the semi- enclosed azea by a cement wall. Mr. Strathman responded that is still not proper storage under the City code. Regarding the broken steps, stated Mr. Strathman, she can fill out a claim applicarion. Ms. Tickal responded it has been denied because the driver said he did not do it. Gerry Strathman recommends approval of the assessment. The owner was given notice, she was given an opportunity to clean up a11 of it, and the City cleaned up what retnained. The City as just recovering the money spent on the cleanup. There was trash stored in the yazd. Ms. Tickal responded this is unfair. There was obviously some effort being made. 815 Chazles Avenue (J0205A) (The owner did not send in the green cazd; therefore, the videotape is not available.) Hazold Robinson reported this is a summary abatement done on June 7, 2002. A work order was sent on June 14, and Parks and Recrearion cleaned the property on 7une 19. The amount of the assessment is $288.00 for gazbage bags in the backyazd. Gloria Robinson, owner, appeazed and stated she got this property from Habitat for Humanity. She had BFI pickup. She put the trash out before she went to work. She didn't have much out there. She did a lot of the work on Wednesday night. There were a lot of bags out there. Mr. Strathman asked was her trash picked up every week. Ms. Robinson responded that by the time they came, tke extra bags were out there. Mr. Robinson reported that the complaint details are that the yazd was full of garbage and there was no gazbage pickup visible, i.e. trash container. Onsite were numerous gazbage bags. There was no chartge when he did the reinspection seven days later. The notice went to Gloria Robinson at 815 Charles. There is no evidence of mail returned. Gerry Stratt�man recommends laying over to the October 1, 2002, Legislarive Hearing. At that rime, he would like to see the videotape and receipts to show that she paid for garbage service. 489 Hatch Avenue (J0205A) (No one appeazed to represent the property.) Gerry Strathman recommends approval of the assessment. 1740 Stillwater Avenue (J0205A) (No one appeazed to represent the property.) oa-`to� LEGISLATIVE HEARING MINUfES OF SEPTEMBER 10, 2002 Page 5 of 11 Gerry Strathman recommends laying over to the October 1, 2002, Special Legislative Hearing. (At the meeting, Mr. Strathman's recommendarion was approval; however, the owner called later and requested another hearing.) 857 Jenks Avenue (J0203C) (No one appeared to represent the property.) Gerry Strathman recommends deleting the assessment. This property is owned by the HRA (Housing and Redevelopment Authority), and the demolirion has akeady been paid. 1436 Raymond Avenue (J0205B) (No one appeazed to represent the properiy.) Gercy Strathman recommends approval of the assessment. Summary Abatements: J0202G Grass cutting by private contractor for part of July 2002; J0204V Towing of abandoned vehicles from private property for April 2002 and part of May and June 2002 J0206A Property clean-up for part of July 2002; J020bB Boarding-up of vacant buildings for June and July 2002. 1011 Conway Street (J0204� (John Marshall provided an interpreting service for this address.) Alvazo Dominguez, owner, appeared. (Mr. Dominguez did not return the green card; therefore, information was not available on this property.). Roxanne Flink stated that any abatements not approved by the City Council by October 2, 2002, will have two years of interest added to the assessment. Gerry Strathman recommends laying over to the October 1, 2002, Special Legislative Hearing. 490 Edmund Avenue (J0204� Dang Xiong, owner, appeazed and stated the vehicle belongs to his neighbor. He pazked on the property. Gerry Strathman asked did he receive a notice to have it removed. Mr. Xiong responded he did not. oa-qo2 LEGISLATIVE HEARING NfINUTES OF SEPTEMBER 1Q 2002 Page 6 of 11 Mr. Strathman stated he is zesponsible for the vehicle if it is on his property. The City determined it was an abandoned vehicle because it met the legal definition. It was towed and Mr. Xiong gets the bill. He should talk to his neighbor about the assessment. Gerry Strathman recommends approval of the assessment. 1504 Sherburne Avenue (J0204� The following appeared: Donna Tolefer and Michael E Cody. Mr. Cody stated it was his truck. The assessment is $512.05. He said he cannot handle that amount. The truck had plates unfil May 2002. Someone stole the tabs. He couldn't get the truck n,nning, He was contacting junk yards to see if he could get money for it. The next rime he looked out the window, it was towed. Ms. Tolefer added that a junkyazd said they would pick up the vehicle that day. John Betz reported his records show that orders had been issued several times on this vehicle for different things. They were issued on January 8, 2002, for expired tabs. At that time, the tabs on it were November 1999. Ms. Tolefer responded the tabs were on the back plate. Mr. Strathman asked where the norice was sent. Mr. Betz responded to Isaac Carpenter, who was the owner at the fime of the violafion. Mr. Cody responded Mr. Cazpenter is no longer the owner and never said anything about the vehicle. Mr. Cody had no norice that the huck was going to be towed. Mr. Strathman asked about ownership. Ms. Tolefer responded the new owners aze Cullen Homes. The ownership changed in May. Mr. Strathman stated the assessment is against the owner of the property. Ms. Tolefer responded she rents from them. Mr. Betz stated a notice was also issued on March 22 to Mr. Carpenter. Ms. Tolefer responded Mr. Carpenter doesn't live there. Mr. Betz stated he just found a note in the file from Commander Morehead. What happened was a work order was sent out to impound this velucle in February. The police were there. They did not tow the vehicle because it had current tabs. After that, someone else called to complain the vehicle was sfill there. Mr. Morehead visited the vehicle at which rime it had current registrarion on the back, no battery, was undriveable, and parked on an unapproved surface. Mr. Morehead had Code Enforcement issue a new work order to tow it. In June it was impounded. Ms. Tolefer responded there was a battery in the truck. Gerry Strathman recommends reducing the assessment from $512.05 to $155 plus the $45 service fees for a total assessment of $200. It met the legal requirements of an abandoned vehicle, and the property owner was norified; however, he understands the new owner is making Ms. Tolefer and Mr. Cody pay the costs. O a- -`l LEGISLATIVE YEARING MINUI'ES OF SEPTEMBER 10, 2002 Page 7 of 11 1816 Srillwater Avenue (J0206A) Brian Hoffman, owner, appeazed and stated he did not want to contest it. Tlus is about grass and weeds. He just wanted to apologize that it got to this point and the City did it. It is not something that no=nally happens. He asked would he get a bill. Mr. Strathman responded he will be sent a bill in a few weeks. Gerry Strathman recommends approval of the assessment. 837 Fourth Street East (J0206B) The following appeazed: Dorothy Lyons and William Lyons. Steve Magner reported that on 7uly 12, 2002, an inspector was at the property, and issued a smuinary abatement order. This properry was referred to Vacant Buidings by another Code Enforcement officer. A registered vacant building file was opened on that day and a smnmary abatement order issued to secure the gazage vehicle door, which was open to access. The summary abatement was mailed on July 15, 2002, which a compliance date of July 22. On July 22, there was no compliance and a boazding order was issued to the contractor to secure it. The boazding contractor went there and installed one boazd over the gazage vehicle door. Mr. Lyons asked who the officers were. Mr. Magner responded the inspector from the enforcement unit was Craig Mashuga who referred it to Vacant Building. The inspector from Vacant Buildings is Rich Singerhouse. Mr. Magner did a reinspecrion of the property for Ms. Lyons, who had some questions. He tried to contact her in the moming. He went back to the subject properiy, and the contractor had installed a boazd over the service door. This building is a registered vacant building as defined by the legislarive code. Ms. Lyons stated she was out of town for a while. The taxes are up-to-date. This is estate property. It has a new roof. She did everything she was suppose to do at the time. Now, there is a sign on the building that reads vacant. There should be another issue regarding grass cutting. Mr. Strathman responded the only issue here today about the cost of the boarding. Mr. Lyons stated the board that was installed is 2 feet by 3 feet. It was a little section of the gazage door. The door has a padlock on it. (Mr. Magner showed a photograph of the gazage.) Gerry Strathman recommends approval of the assessment. The $74J5 is fairly reasonable for this type of work. 931 Mazshall Avenue (J0204� (No one appeared to represent the property.) o a -�tm3 LEGISLATNE HEARING MINUTES OF SEPTEMBER 10, 2002 Page 8 of 11 Gerry Strathman recommends approval of the assessment. 1416 Pazk Street (J0206A) (No one appeared to represent the property.) Gerry Strathman recommends approval of the assessment. 1630 Reaney Avenue (J0204� (No one appeazed to represent the property.) Gerry Strathman recommends approval of the assessment. 846 Van Buren Avenue (J0204� (No one appeazed to represent the property.) Gerry Strathman recommends approval of the assessment. Laid over summary abatement from 8-13-02: J0203WVV - Towing of abandoned vehicle(s) from 1569 Stillwater Avenue. The following appeared: Robert Turner, owner, and Rhonda Jones, his daughter. Mr. Turner stated he is retired and goes down south for the winter. His daughter sends the mail to him. He spoke to a Code Enforcement supervisor, who told him that if he had tabs and license plates for the cazs, it would not be towed. His daughter got the license plates and tabs. Ms. Jones stated the Volvo just needs tabs. The Lincoln required additional paperwork. She needed to send something to her dad so he can sign it and then get it back. That would have put it beyond the deadiine. She spoke to somebody, and they said they would extend it and give her time to get the informafion back. He made sure the Lincoln had new plates and tabs. All she had to do with the Volvo was put tabs on it. Mr. Strathman stated the orders were issued on January 3, 2002. The vehicles were not towed until Febn�ary 26, which is almost two months later. He asked why it took two months to get the tabs. Ms. Jones responded it did not take two months. The norice is stamped January 31. Harold Robinson reported the orders were mailed on January 3, 2002. It was rechecked on January 30. An extension was given until February 4. At that time, the tabs were still not on, and they sent the work order to the police. The police impounded the vehicle on Febniary 26. Ms. Jones responded that is not correct. The plates would not come off of the Lincoln. She put each plate in the windows. She removed the snow. It may have snowed again and been covered up. She made sure the plates were inside on the dashboazd and on the back. O 7'"�e `? LEGISLATIVE HEARING NIII�iITTES OF SEPTEMBER 10, 2002 Page 9 of 11 Mr. Strathman asked did she have the tabs and plates by January 4 on the vehicle. Ms. Jones responded yes. She has documentation. Mr. Strathman asked the cost. Roxanna Flink responded the cost is $1509.10 (Mr. Strathman looked at the paperwork provided by Ms. Jones.) Mr. Strathman stated it looked like she purchased the tabs on January 31. He asked her if she put them in the window. Ms. Jones responded they were in the window of the Lincoln. She couldn't unscrew the plates. On the Volvo, there was one plate on the back. She put the sticker on. The other plate was inside the caz, so she just opened the door. Mr. Strathman asked why she didn't rehieve the vehicle when they disappeared. Ms. Jones responded she usually goes to the house and gets the mail. She did not generally look out the back window. One day she noticed the cars were gone, and she immediately called her dad. Mr. Turner stated when he called from Mississippi, he was told the caz would not be towed. Not only that, they ripped down the whole fence, and did not put it back. Mr. Strathman asked where the vehicles were parked. Mr. Robinson responded they were pazked on grass, had flat tires, and were inoperable. Plates have to be properly displayed. When the inspector went back out on January 4, they were srill not displayed. He may not have seen them when they were in the window. Mr. Turner asked about the fence. Mr. Strathman responded he can file a claim against the City. Gerry Strathman recommends reducing the assessment from $1509.10 to $430 plus the $70 service fees for a total assessment of $500. There aze a number of problems here. The car was pazked on an unapproved surface. The cazs were registered. Whether they were operable, is debatable. The owner made a good faith effort to deal with it. She did buy the tabs. Appeal of summary abatement order at 1240 Berkeley Avenue. (Rescheduled from 8-27-02) Dick McGirl, owner, appeared and stated the machines in quesfion aze not his, but they are on his property with his approval. The machines belonged to his neighbor, but his neighbor has died. Mr. McGirl has been in contact with the estate's attorney. Lately, his efforts to reach the attorney have been unsuccessful because he has not retumed Mr. McGirPs calls. As of Sunday, the items were still there. He is hying to get rid of them because he has no need for them. In Chapter 45, there is no evidence that he is in violarion of anything. (He showed Mr. Strathman some photographs.) Mr. McGirl stated these aze ice cream machines. They aze very heavy. He helped the owner wrap them and tage them. They aze covered with a blue tarp. The neighbors cut down his bush O �. �,�� LEGISLATIVE HEARING MINiJTES OF SEPTEMBER 10, 2002 Page 10 of 11 and added a picket fence. There was no way to see the machines before she put the fence up. This is in no way a public nuisance. He cannot find anything that says he has to remove an eyesore. Steve Schiller (Code Enforcement) is in agreement with him. Mr. Schiller had �ouble finding the machines. John Betz responded there are a couple of codes that come into play. Zoning would not allow commercial machinery to be stored on the properiy. The maintenance code does not allow the storage of machinery in a yazd area. Mr. Strathman stated Mr. McGirl wants the machines gone and the City wants them gone. He is having some problems with the estate. Mr. Strathman asked aze they an immediate hazard. Unless they aze infested with rodents, responded Mr. Betz. Mr. Strathman asked for a reasonable time to get rid of them. Mr. McGirl responded the last time he talked to the attorney, he said he was no longer the probate attorney, but the family's attorney. When the probate court selected an attomey, he would let Mr. McGirl irnow. Mr. Strathman recommends laying this over to November 12. There is nothing incorrect about this order. It does not seem to be a matter of great urgency. They need to look at it before the snow flies. If it is taken care of by November 12, there is no need for Mr. McGirl to come back. The following assessment has already been ratified by the City Council: 522 Lawson Avenue East (No one appeazed to represent the property.) Gerry Strathman recommends approval of the assessment. Laid over summary abatement from 8-27-02: J0204AA - Property clean-up at 1194 Albemarle Street. Gerry Strathman recommends laying over to the October 8, 2002, Legislative Hearing at the owner's request. Resolution ordering the owner to remove or repair the property at 130 S�camore Street East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Per Steve Magner, this property was demolished by the owner. No action is needed.) The meeting was adjourned at 11:58 a.m. rrn o a-9o� LEGISLATIVE HEARING MINITfES OF SEPTEMBER 10, 2002 Page 11 of 11 719 Case Avenue (J0206A) After the meeting, the owner requested to appeaz at a legislative hearing. Gerry Strathman recommends laying over to the October 1, 2002, Special Legislarive Hearing. To I.egislative Hearing Officer - 8-13-02 Public HearinQ Date - T.M.S./REAL ESTATE DIVISION ,ntact Person and Phone N mb : Roxanna Flink ' i � 266-8859 ist be on Council Agenda by: ist be in Council Ruearch Office noon on Friday � 7-26-02 v�0 � ` 9b3 Green Sheet Number: 111662 DIRECTOR (OR ASSISTAM) CLERK MGT. S�'C. DIR. RESEARCH # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNA 'ION REQUESTED: Set date of public hearing and approve assmts for Summary abatements (property clean-up) for part of May 2002, Board-up of vac. buildings for Apri12002, Towing of aband. vehicles from private property for Feb. and March 2002 and Summary abatement (snow/ice removal and/or sandin of walks) for Jan. 2002. File No.'s 30204A, J0204B, J0203V and J02SNOW3. r1h1Ed"DATIONS:APPROVE(A)ORREJECT(R) ERSONALSERVICECOPlTRACiSb1USTANSWERTHEFOLLOWLYG: PLANYING COMNISSION A STAFF 1. Has Ihe person/firm ever worked under a contract for this department? YES NO CML SERVICE COMNISSIOY CB COYI\IITTHE rts whidh Council Objective Neighborhoods Code A Enfortement A vacant b�dg Ward 2 Explain all YES answers on a separa[e sheet and attach. YES NO YES NO TING PROBLEM, ISSUE, OPPORTUN[TY (Who, Wha[, �Vhen, Where, Why?): Property owners or renters create a health hazard at various times throughout the City of Saint Paul when their propertY is not kept up. AGES IF APPROVED: Cost recovery programs to recover expenses for Summary abatements, Board-ups and Towing of aband. vehicles. This inciudes 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 items. In winter this includes the removal of snow and ice from sidewalk and cross walks. AGES IF APPROVED: If Council does not approve these charges, General Fund would be required to pay the assessment. Assessments are payable over 1 or 10 years and collected with the property taxes if IF NOT APPROVED: 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. Ab70U\TOFTRANSACTION: $39 ,073.65 COST/REVENUEBUDGETED(CIRCLEONE) YES NO JIVDING SOURC£: ASSeSSmeRtS 4L IYFORM1fATION: (EXPLAIN) 90 property owners will be noti£ed of the Date: 6/6/02�_ � EPAR7IYI&`7T'DI � CITYA'ITORI�EY Has this person/firm ever been a City employee' Does this person/firm possess a skill no[ normally possessed by any tur�ent C+ty empbyee? ACTIVITY NUMBER: and � City of St. Paul o��(� � n � q� Real Estate Division � 1V �� Dept. of Technology & Management Serv. COUNCIL FILE NO. REPORT OF Assessment No. SEE BELOW Oa�ae� Voting Ward In the matter of the assessment of benefits, cost and e�enses for 2 J0203V�IV (0985) Towing of abandoned vehicles from private property located at 1105 Dale North. (PIN 26-29-23-11-0063). LAID OVER BY LSGISLATIVPs H&ARING OFFICSR ON 8-13-02 TO 9-10-02 COUNCIL HSARING WILL BEi 9-25-02 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 Engineering and Inspection Real Estate Service Fee Process Serving Charge Charge-Code Enforcement Abatement Service Charge TOTAL EXPENDITURES Charge To Net Assessment $497.50 $ $ $ $25.00 $20.00 $542.05 $542.05 Said Valuation and Assessment Engineer further reports that he has assessed and levied the total amount as above ascertained, to-wit: the sum of $542.05 upon each and every lot, part or parcel of land deemed benefited by the said improvement, and in the case of each lot, part or parcel of land in accordance with the benefits conferred thereon; that the said assessment has been completed, and that hereto attached, identified by the signature of the said Valuation and Assessment Engineer, and made a part hereof, is the said assessment as completed by him, and which is herewith submitted to the Council for such action thereon as may be considered proper. 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