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02-963Council File # O� _ q`3 �}���f���a� Presented by Referred To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the October 1, 2 2002, decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following 3 address: 4 Pro�ert�Ap ep aled RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # 113833 ac Ap el p lant 5 1388 Point Douglas Road Ray W. Geiger, Station Nineteen Architects, for Oakwood Church 6 Decision: Variance granted to use the temporary holding tank until November 1, 2003. 7 8 9 10 11 12 13 Yeas Nays Absent Blakey � Coleman � Harris � Benanav � Reiter � Bostrom �/ Lantry � ro � 14 Adopted by Council: Date ('� ;� . �(� � c`�.f� �_ 15 ` 16 Adoption Certified Council Secretary 17 By: '�-d\ � !�- — 18 Approved by 19 By: Requested by Deparnnent o£ � Form Approved by City Attorney � Approved by Mayor for Submission to Council �II�I��� DEPARTMINflOFFICE/CWNCIL DATEWITNTED — " — c�t Council Offices October 3 2ooz GREEN SHEET No � 13$33 CONtACT PFRSON 8 RiONE NMailbe� M� Gerry Strathman, 266-8560 oES..,�rn.�ort rnrcous� MUST BE ON COUNCILAG6JOA 8Y (Q4TE7 AESIGIi W1�9tFOR p1YAiiOpEl OIYCLQK RdITYI(' � RI�IIGLfENCFtOR RUIItlY.iERW�CCTC ❑ rnvortlort�tmsr� ❑ TOTAI. # OF SIGNATURE PAGES (CL1P ALL LOCATIONS FOR SIGNATURE) criori �nuESrm Approving the October 1, 2002, decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for 1388 Point Douglas Road. RECOMMENDATIONApprove A)wReject(R) GFRSONALSERVICEfANTRACfSMUSTANSWERTHEFOLLOWINGQUESTIONS: 1. Fies this P���m ererworketl uMer a conhact forfhis depaRmenC7 PLANNINGCOMMISSION YES NO CIBCOMMITTEE 2. HasthispelsoNfirtne�erbemadryempbyee? CIVILSERVICECOMMISSION YES NO 3. Ooes ihie persoNfiim pwee� a sldll rwt npmallyposaessetl by a�ry curtent city employee? YES NO 4. Is this pe`soNfi�m a targetetl vendoYt YES NO F�plaio all Yes answers an sePa�ate sheet aM aftach to Oreen sheet INITIATMG PROBLEM ISSUE, OPPORTUNITY (Who, What, When, Wl�ere, Why) ADVANTAGESIFAPPROVED " €���lafL°h ����5' fiQ� �'� ��� � � ��� . DISADVANTAGES IF APPROVED DISADVANTAGES IF NOT APPR04ED TOTAL AMOIINT OF TRANSACTION f COST/REVENUE BUDGEfED (CIRCLE ON� YES NO FUNDING SOURCE ACTIVRY NUAABER FlNPNCULL MFOftMAiIIXJ (EJ�WtQ oa-w�.� MINIJTES OF TI� SPECIAL LEGISLATIVE HEARING Tuesday, October l, 2002 Room 33� Courtt�ouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 3:02 p.m. STAFF PRESENT: Steve Rice, Citizen Service Office; Tom Riddering LIEP (License, Inspections, Environmental Protection); Hazold Robinson, Code Enforcement Laid Over Summary Abatements: 1011 Conwa�Street (J0204V� (Steve Rice interpreted for this address.) Alvaro Dominguez, owner, appeared. Gerry Strathman stated this is an appeal of an abandoned vehicle. He asked why the owner does not think this is correct. Mr. Dominguez responded it was inside his property. Mr. Strathman asked did he receive notice to remove the vehicle. Mr. Dominguez responded he got two notices. He had been working on the car because he had no other place to put it. He wanted to get it fixed up before he updated the plates. Mr. Strathman stated the legislative code prohibits the storage of an inoperable vehicle outside for more than 30 days. After that time, the City removes them if the owner does not. Mr. Dominguez responded he did not lrnow about it because he has only been here for nine months. Mr. Strathxnan stated the City gave him the required notice, the City picked up the vehicle, the charges billed to him are for towing the vehicle, storing it, and auctioning it. The charge amount is typical for this kind of thing. The sale price for the vehicle is subtracted from the total cost. Mr. Dominguez asked did he have to pay more money besides the loss of his car. Mr Strathman responded yes. He has to pay $497.50, which is the cost the City incurred in towing and storing his vehicle. Mr. Dominguez stated the letter he received said the car had been abandoned. Mr. Strathxnan responded it is abandoned under the law if it does not have current plates for 90 days or it is inoperable. The car met the legal definition of an abandoned vehicle. Mr. Dominguez stated there is a trailer in the alley that has not been been removed. Mr. Strathman responded the City responds to complaints. The City must have received complaints about his vehicle. This is not a fine; these are costs the City incurred. Gerry Strathman recommends approval of the assessment. Oa�c.3 MINUTES OF THE SPECIAL LEGISLATIVE HEARING OF OCTOBER 1, 2002 Page 2 815 Chazles Avenue (J0205AA) Gloria Robinson, owner, appeazed Gerry Strathman stated this is about an assessment for cleaning up garbage. (A videotape was shown.) Mr. Strathman stated it looked like there were eight to ten garbage bags there. Ms. Robinson stated they were leaf bags. She called the gazbage people and they told her to bring them to Como Avenue. Mr. Strathman stated that she was going to bring evidence that she had garbage pickup during this period. He asked when this cleanup was done. Harold Robinson responded June 19, 2002. (Ms. Robinson showed paperwork to Mr. Strathman.) According to the paper, Mr. Strathman stated, the owner took eight bags to the recycling facility on June 13. She has an invoice from Waste Management for extra residential cleanups for July. He asked when the orders were issued. Mr. Robinson responded there was an order on May 28, 2002, and a summary abatement followed on June S. In other words, when the inspector went back for another inspection, there must have been a different amount or problem. The inspector was there on June 12 for a reinspection and issued the wark order. The properry was rechecked on June 18. Mr. Strathman stated it looks like bags were taken to the recycling facility. When the inspector came back on June 18 to do the cleanup, there were still bags there, and they issued a work order. It sounds like they went out, there was trash there, they issued the orders, she took the bags to a recycling facility, and she put out some new bags. He is not sure the bags the City cleaned up were the same ones there for the original orders. The Ciry may have picked up the new bags. Harold Robinson responded it is possible that between the work order being issued and Parks cleaning it up, the owner got rid of the other bags, but did not get rid of the leaf bags, and Parks picked up the leaf bags. Gerry Strathman recommends deleting the assessment. It does appear from the documents that the owner has been taking items to the recycling facility, and had trash service in the following months. It is a little confusing as to what was picked up. The bags the City picked up are probably not the same bags the order was issued on. Laid Over Summary Abatement: J0205AA 1740 Stillwater Avenue The following appeared: Paul Yang, owner, and Melinda Thacker, tenant. Mr. Yang stated he purchased the property in March. Ms. Thacker is his tenant and she moved in on May l. Mr. Yang did not know about any trash. He received a bill for $288. (A videotape was shown.) o1-�,c.3 MII�IiJTES OF TI� SPECIAL LEGISLATIVE HEARING OF OCTOBER l, 2002 Page 3 Mr. Strathman asked did he receive a notice from the City to clean it up. Ms. Thacker responded the City came by the house one day. Two trees were out there. The fence dumped back there is identical to the fence section of the properry across the alley. She did not put them there, and she is not sure how they got there. She said the garbage is half on her properry and half on the people next door. They think the existing fence mazks the property line. Since it is on their side of the fence, the inspector assumed the items are on their properry. Harold Robinson responded the debris was leaning againstthe garage. Mr. Yang stated the color matches his neighbor's fence. Mr. Strathman responded it does not matter who the fence belongs to. If it is on Mr. Yang's properiy, it is his responsibility. Ms. Thacker stated she can take anything, throw it in somebody's yard, and that person has to pay to remove it as long as she doesn't get caught throwing it there. Mr. Strathman responded that is correct; however, if someone is caught doing it, they could be in trouble. Mr. Robinson reported the City has no recourse but to go to the property owner. It has to be removed, so the owner has to be the one responsible. Mr. Strathman stated he is curious that the owner did not receive notice. Mr. Robinson responded notice was sent on May 28 and June 5 to Paui Yang and Maiseng Yang at 1740 Stillwater Avenue. The correction notice was mailed on May 28; the summary abatement was mailed on June 5. No mail was retumed. Mr. Strathman asked who was living there then. Ms. Thacker responded she was. Mr. Yang stated he lives at 861 E. Jessamine. Mr. Strathman responded he should make sure Ramsey County has the correct address. Gerry Strathman recommends deleting the assessment. There is enough question about whether the owner received the notice. There is also some question about whose properiy the fence and tree were on. He reminded the owner to respond to future notices. Laid Over Summary Abatement: JQ2Q6AA 719 Case Ave The following appeared: Wanda Bublitz and Heriberto Garrido, owners, 7062 Nineteenth Street North, Oakdale. Harold Robinson reported a suminary abatement was issued on July 11, 2002, to comply on July 16; the properry was rechecked on July 17. A work order was sent to Parks on July 17. The work was done on July 22, and there is a tape available. The total cost is $318. (A videotape was shown.) Ms. Bublitz stated they bought the property in March. They have been rehabilitating it. They have a neighbor that complains about everything. They finished the two upper units. They went on Oa.-1�•3 MINLJTES OF THE SPECIAL LEGISLA"I'IVE HEARING OF OCTOBER 1, 2002 Page 4 vacation July 2. The downstairs tenant said she would be out June 30, but she was not out on July 2. On July 10, the tenant left everything. The house was trashed. They started working on the house because they cannot afford to leave it vacant. They also have been working to get the Certificate of Occupancy with the Fire Mazshall. Pat Fish (Fire Prevention) knows all the work they have been putting into this properry. The day the City came by, they were puliing everything out that the former tenant 1e8. They ha�e pictures. The television and microwave belonged to the tenant, but that is not what they talked about on the list. She admits that this properry has been a problem for the City, but they aze not the ones creating the problems. The t.v. and microwave oven are not cause for a $318 asessment. Gerry Strathman recommends deleting the assessment. He agrees that the t.v. and microwave oven are not cause for a$318 assessment. Property Code Enforcement Appeal for 1388 Point Douelas Road The following appeared: Ray W. Geiger, Station Nineteen Architects, and Vernon Craver, Oakwood Church. Mr. Geiger stated the project is under construction. They are putting the roof on. They have a sewer ]ine to a deep manhole neaz Point Douglas Road, which could contain I,000 gallons of sewage in a temporary holding tank situation. The sewer line wiil be installed next spring extending down Point Douglas. They have a septic system designed, but they would rather not spend the money on that right now if they will have to connect to the sewer system soon. They are asking to use a holding tank for a time limit of one year. If that does not go in within a year, they would put in the septic system. Thomas Riddering reported he does not ha�e authority to grant variances. He would not object to Mr. Geiger doing this as long as there is a time line so it does not become a permanent situation. This project south of them is probably going to go forward, but it is not a done deal. Mr. Strathman asks what is a reasonable time. Mr. Riddering responded Mr. Geiger said a year seems acceptable. Mr. Geiger responded that works for the church. Mr. Strathman granted a variance permitting the use of the temporary holding tank until November 1, 2003. When the City sewer becomes available, the church will connect to it. The meeting was adjourned at 330 p.m. r.�