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03-303m City of St. Paul F E i�, p�€�� 4 COUNCIL FILE NO. �3 �303 lf 1\E RESOLUTION RATIFYING ASSESSMENT By� File No. SEE BELOW Assessment No. SEE BELOW Voting Ward In the matter of the assessment of benefits, cost and expenses for •I 2 J0204CC (9906) Demolition of building located at 1000 Reaney Ave. LAID OVER BY COUNCIL ON 3-5-03 TO 3-26-03 LEGISLATIVE AEARING WILL BE 3-11-03 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 aIl respects ratified. RESOLVED FURTHER, That the said assessment be and it is hereby determined to be payable in Ten equal installments. COUNCILPERSON Yeas Nays (��,.�l--3enanav ✓�lakey �ostrom �-Coleman � � T I � a . rris �90. rztry �h —.Reiter �In Favor � Against a Rl� er� Adopted by the Council: Date �„J,�aG,� 2-003 Certified Passes by Council Secretary �To Legislarive Hearing Officer - 3-11-03 Public Hearing Date - 3-26-03 TM.S./REAL ESTATE DIVISION Date: ;ontact Person and Phone um Roxanna Flink � 266-8859 3/20/03 a� -�o� Green Sheet Number: 204134 DIRECIOR CIIY COUNCII. ATIORir"EY �sl be oo Council Agenda 6y: UDGETDII2EGTOR .&MGT.SVGDII2. �st be in Council Research Office noon on Friday public hearing is 3-26-03 POR (OR ASSISTAN7) 1 omvcn. �s�cca �TAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: At Council's request on 3-5-03 tLis item was laid over to 3-26-03, Demolition of building located at 1000 Reaney Ave. File No. J0204CC PLANNING COMMLSSIOPi CIVII. SERVICE COAIlYIISSIOPi CIB COMMITTEE rts whidh Council06jtttive Neighborhoods A SiAFF Code A Enforcement A Has the person/firm ever worked uuder a wntract for [his department? Has this persoNfirm ever been a City employee? Does this persoNfirm possess a slull not normally possessed by any current City employee? Ezplain all YES aoswers on a separate sheet and attach. YG PROBLEM, ISSUE, OPPORT[JNITY (Whq What, When, Where, Why?): "SEE ORIGINAL GREEN SHEET NUMBERS 204035" APPROVED: IF APPROVED: IF NOT APPROVED: AMOUIVT OF TRANSACTION: $SC1�411.OI COST/REVENUE BUDGETED (CIRCLE ONE) Assessments �I,INFORMATION:(EXPLAIN) 1 propertv owner will be notified of the ACTIVITY NUMBER: and YES NO YES NO YES NO YES NO City of St. Paul �^ p�� p� n e Real Estate Division K t i�J��9_ Dept. of Technology & Management Serv. COUNCIL FILE NO. RSPORT OF COMPI,ETION OF ASSESSMENT File No_ SEE BELOW Assessment No. SEE BELOW 03 -303 Voting Ward In the matter of the assessment of benefits, cost and expenses for 2 J0204CC (9906) Demolition of building located at 1000 Reaney Ave. LAID OVSR BY COUNCIL ON 3-5-03 TO 3-26-03 LEGISLATIVE HSARING WILL B& 3-11-03 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 $56,366.01 $ $ $ $25.00 $20.00 TOTAL EXPENDITURES Charge To Net Assessment $56,411.01 $56,411.01 Said Valuation and Assessment Engineer further reports that he has assessed and levied the total amount as above ascertained, to-wit: the sum of 556.411.01 upon each and every lot, part or parcel of land deemed benefitted by the said improvement, and in the case of each lot, part or parcel of land in accordance with the benefits conferred thereon; that the said assessment has been completed, and that hereto attached, identified by the signature of the said Valuation and Assessment Engineer, and made a part hereof, is the said assessment as completed by him, and which is herewith submitted to the Council for such action thereon as may be considered proper. fl ) �� Dated —�Q� Q E;,$� 1 � • �� 4 �=l�'� - �. "�—___� Valu�ti: n s s ent Engineer Peter S. White To Legislative Hearing Officer - 2-11-03 Public HearinQ Date - 2-26-03 �� O� —30� T.M.S./REAL ESTATE DIVISTON Date: 1/3/03 Green Sheet Number: 204035 act Person and Phone Nuanber: EPART4fE\T DIRECfOA Crl'Y COUNCIL / Roxanna Flink� � 266-8859 �ATrow�eY CI7YCLERK Qust be on Council Agenda by: 1-29-03 LDGE'I DIRECTOR I\. & JIGT. $�C. DIR. dust be in Council Research Office SAYOR(ORASSIS7A\'n 1 OD�CILRESEARCH ry noon on Friday 1-17-�3 COTAL # OF SIGNATURE PAGES _ 1 (CLIP ALL LOCATIONS FOR SIGNATURE) �CTION REQUESTED: Set date of public hearing and approve assmts for weekly garbage hauling service for third quarter of 2002, Demolitions of bldgs. for part of July 2002 to part of Nov. 2002, Summ Abate for part of July 2002 to part of Dec. 2002, Board-up of vac. bldgs. from Aug. 2002 to Nov. 2002 and Grass cutting (by private contractor) for part of Aug. 2002 to Oct. 2002. File No.'s .T02TRASH3n_ J0204C. J0207A. J0207B and J0203G. PLAYNI\G CO31>IISSIOV CIVIL SERVICE CO\I)IISSION CIe CO�1NITfEE rts whidh Councii Objectne Neighbarhoods A STAFF Cwle A Enforcement A vacantbldg Ward 2 Has [he person/firm ever worked under a contract for this department? Has [his persoNfirm ever been a City employee? Does this person/firm possess a skili no[ normally possessed by any current City employce? Explain all YES answcrs on a separate shec[ and attach. PR013LE�1, ISSUE, OPPORTONITY (\Vho, What, �Vhen, �Vhere, VYhy?): Y'ES NO I YES i�0 I Y"ES \O I Property owners or renters create a health hazard at various times throughout the City of Saint Paul when their property is not kept up. A\TAGES IF APPROVED: Cost recovery programs to recover expenses for Garbage hauling, DemoliYions, Summary abatements, Boarding-up and Grass cutting. 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 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 i or 10 years and coliected with the property taxes if not naid. IF NOT APPROVED: Neighborhoods Fvould 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. 'AL AMOU\T OF TR.4\SACTION: $2Z(�3O7.OH COST/REVENUE BUDCETED (CIRCLE O\E) SOURCE: ASSQSStt10RtS ORI}' A��VITYNU�IBER: YES h0 �L 1NFORDIATIO.Y'. (EXPLAIN) 259 property owners will be notified of the public hearing and I � 1 � Q I O H � � � I I �, � a F � M • a " H i [� i N CL (y ; N � � O W � airnX � W�NW i s �m i N � � I rt O O 11 r1 � E-, � o 0 o n o � y � ...� . ] i io in o n.� � � lD [V N 11 f1 £ ; rl�� II a � a . n � i io n � ry�+ i tf1 II N � i N 11 N � E. � n � U� �� If W i II (/] 1 000 � O O O H � rIOO � Z � O O O � 1 . . . ' 1 �D tfl �1 (Y� 1 l0 N � � � � � Fi 1 � U�� G' � � W i O o 0 E. � o00 � r1 � o0o i a � • � ,-i ,y o E � N � H � � � i ' i i � i � � R.' £ � Z F x �' ft � O U] U � 'j� 1 H 0 1 c a � H � o�az� � H a U I � � � � 7 �4 1 (] f� U1 H � ' w i C� O �+ � x � � Q I F �x H ' ; � � H a F. O� 0 O� � � W E� E E .. w i o °�' � zaw wca � � a v�� ox � £ �'HaWri',ZW � � Q � Q 4� W H ' i � � �EH � .�i a� � RCmmaFC I m a i cnw �aE+ a w�-orNa� � a a � � w.-i 3N � O � W'>+m * Q � CL � W Hl.�O� 2C� � iEUP: aw� � 1 � � I � N i O � � � � � N � � � � � � co � m o � o w � � � � i W �o W � ,y �+ i W o , •• �i W i N��n a O I x � o FC � RCN� W UI � H � W W £ i m [G � O RC W c7 n o;xa�a� c� at � U Q o q o w�aoaoz z�bo ow � • V OiV��r � � _a ' Z � E O S m � £ � � 4 U U d 0 0 h H V W h O � a a O �4 ti o o n � 0 0 o II o •n ia ui o n ,� �0 N N II rl t+� LT t? 11 C n � n � N II Ifl � n v� II II II i �� n II �� I n n W II � n NQII zNxll OUIU II HO �� H V U il a .]Z� n F OH>IIO £StxnN wown Q `� N iiu aaanw aaa��h HEH��O 000 iia m a w U � a N w W X W � � a w 4 a .i O'3 -3 03 03 -303 Mazch 5, 2003, City Council Action Minutes Page 12 76. Resolution Ratifying Assessment - 03-238 - In the matter of the assessment of benefits, cost and expenses for summary abatement (property clean up) for properties located at "774 Central Avenue, 430 Edmund Avenue, 837 Fourth Street, East, 271 Maria Avenue and 550 Edmund Avenue (J0207AAA); demolition of building at 1000 Reaney Avenue (J0204CC); and boazding-up of vacant building at 567 Stryker Avenue (J0207BB). (Laid over from February 2� (Legislative Hearing Officer recommends the following: 271 Maria Avenue (J0207AAA1- approval of the assessment 1000 Reanev Avenue (J0204CC1- laying over to the March 11, 2003, Legislative Hearing and the March 26, 2003, City Council Meeting 567 Strvker Avenue (J0207BB) - approval of the assessment 430 Edmund Avenue (J0207AAAl- spreading the amount of the assessment payment over a five-year period 837 Fourth Street East (J0207AAA) - laying over to the March 25, 2003, Legislarive Hearing and the April 2, 2003, City Council Meeting 550 Edmund Avenue (J0207AAAl- spreading the amount of the assessment payment over a five-year period 774 Central Avenue West (J0207AAA) - approval of the assessment) Adopted as amended Yeas - 7 Nays - 0 REPORT oz _3a3 Date: Mazch 11, 2003 Time: 10:00 a.m. 1:30 p.m. (2168 Minnehaha only) Piace: Room 330 City Hall 15 West Kellogg Boulevard LEGISLATIVE HEARING FOR ORDERS TO REMOVE/REPAIR, CONDEMNATIONS, SUMMARY ABATEMENT ORDERS, AND ABATEMENT ASSESSMENTS Marcia Moermond Legislative Hearing Officer 1. Resolution ordering the owner to remove or repair the property at 733 Charles Avenue. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Laid over from 2-11-03) Legislative Heazing Officer recommends laying this over to the March 25, 2003, Legislative Hearing per a request from staff. 2. J0207A1A Laid over summary abatements from February 25, 2003, for property cieanup at 712 Hawthorne Avenue and 627 PaIace Avenue. 627 Palace Avenue Legislative Hearing Officer recommends approval of the assessment. 712 Hawthorne Avenue East Legislative Hearing Officer recommends laying over to the May 13, 2003, Legislative Heazing. 3. Laid over summary abatements from February 25, 2003: J0207A1AA 2021 California Avenue East J0205VVV Towing of abandoned vehicles from private p"roperties at 115 Sycamore Street East and 123 Geranium Avenue East J0205VWV Towing of abandoned vehicles at 2168 Minnehaha Avenue East. 2021 California Avenue East Legislative Heazing Officer recommends approval of the assessment. 2168 Minnehaha Avenue East (Also see Item 4.) Legislative Hearing Officer recommends approval of the assessment. 123 Geranium Avenue East Legislative Hearing Officer recommends approval of the assessment. os -303 LEGISLATIVE HEARING REPORT OF MARCH 1 l, 2003 I_15 Sycamore Street East Legislative Hearing Officer recommends approval of the assessment. Page 2 4. J0207AAAAA Property Cleanup from February 25, 2003 at 2168 Minnehaha Avenue East (Laid over from 2-25-03) (Also see Item 3.) Legislative Hearing Officer recommends approval of the assessment. �/ 5. J0204CC Laid over summary abatement from February 25, 2003 at 1000 Reanev �h Avenue Legislative Heazing Officer recommends approval of the assessment. 6. Summary Abatements: J0207A2 Property clean-up for part of July 2002 to part of December 2002; J0206V Towing of abandoned vehicles from private property for part of July 2002 and all of September 2002. 728 White Beaz Avenue North (J0207A2) Legislative Heazing Officer recommends deleting the assessment. 790 Selby Avenue (J0207A2) Legislative Hearing Officer recommends deleting the assessment. 1076 Masnolia Avenue East (J0207A2) Legislative Hearing Officer recommends laying over to the March 25, 2003, Legislative Hearing 665 Ma2nolia Avenue East (J0206V) Legislative Hearing Officer recommends deleting the assessment. 657 Lawson Avenue East (J0207A2) Legislative Hearing Officer recommends laying this over to the Apri18, 2003, Legislative Hearing. 1111 Bush Avenue (J0207A2) Legislative Hearing Officer recommends approvai of the assessment. 1039 Eazl Street (J0207A2) Legislative Hearing OFficer recommends approval of the assessment. 1075 Front Avenue (J0207A2) Legislative Hearing Officer recommends approval of the assessment. OS -303 LEGISLATIVE HEARiNG REPORT OF MARCH 11, 2003 489 Hatch Avenue (J0207A2) Legislative Hearing Officer recommends approval of the assessment. 0 Lightner Place (J0207A2) I,egislative Hearing Officer recommends approval of the assessment. Page 3 598 Marvland Avenue East (J0207A2) Legislative Hearing Officer recommends the assessment be reduced from $195.00 to $75.00 plus the $45 administrative fees for a total assessment of $120. 1066 Reanev Avenue (J0207A2) Legislative Heazing Officer recommends approvai of the assessment. 925 Woodbrid�e Street (J0207A2, two assessments) Legislative Hearing Officer recommends approval of both assessments. 939 Woodbridee Street (J0207A2) Legislative Hearing Officer recommends approval of the assessment. ll30 Abell Street (J0206V) Legislative Hearing Officer recommends approval of the assessment. 775 Ashland Avenue (J0206V) Legislative Hearing Officer recommends approval of the assessment. 946 Carroll Avenue (J0206V) Legislative Hearing Officer recommends deleting the assessment. 77 Front Avenue (J0206V) Legislative Hearing Officer recommends approval of the assessment. 1587 Hudson Road (J0206V) Legislative Hearing Officer recommends approvai of the assessment. 791 York Avenue (J0206V) Legislative Hearing Officer recommends approval of the assessment. 819 Johnson Pazkwav (J0207A2) Legislative Hearing Officer recommends laying over to the March 25, 2003, Legislative Hearing. 482 Lawson Avenue West (J0207A2) Legislative Heazing Officer recommends deleting the assessment. 03 -303 LEGISLATIVE HEARING REPORT OF MARCH 1 i, 2003 Page 4 7. Resolution ordering the orvner to remove or repair the property at 20 Svcamore Street East. If fhe o�i-ner fails to comply with the resolution, Code Enforcement is ordered to remove the building. I,egislative Hearing Officer recommends granting the owner 180 days to complete the rehabilitation of the property. rrn 03 -� MINUTES OF THE LEGISLATIVE HEARING ORDERS TO REMOVE/REPAIR, CONDEMNATIONS, SUMMARY ABATEMENT ORDERS, AND ABATEMENT ASSESSMENTS Tuesday, Mazch I 1, 2003 Room 330 City Hall, 15 West Kellogg Boulevazd Mazcia Moermond, Legislative Hearing Officer STAFF PRESENT: John Betz, Code Enforcement; Michael Driscoll, City Attorney's Office; Steve Magner, Code Enforcement; Racquel Naylor, City Council Offices; Hazold Robinson, Code Enforcement; Tchu Yajh, Planning and Economic Development The meeting was called to order at 10:01 a.m. Resolution ordering the owner to remove or repair the property at 733 Charles Avenue. If the o�vner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Laid over from 2-11-03) Marcia Moermond recommends ]aying this over to the March 25, 2003, Legislative Hearing per a request from staff: J0207A1A Laid over summary abatements for property cleanup at 712 Hawthorne Avenue and 627 Palace Avenue. (Laid over from 2-25-03Z 627 Palace Avenue Arno A. Karner, 627 Palace Avenue, appeared and stated it is not safe for him to wark in his yard because of Gopher State Ethanol. He has symptoms from the plant, such as ringing in his ears. For the most part, he does not see how the City can force him to comply and not force Gopher State to comply. The City has not gone into Gopher State and shut them down to make them comply with City noise ordinances. Mazcia Moerniond asked what notices were issued for this properry. John Betz responded orders were issued on August 7, 2002, to remove discarded appliances and cut tall grass by August 12. At that time, the owner appealed the orders and that appeal was denied by the City Council. The City proceeded to remove the appliances and cut the tall grass. Now, we aze here on the cost of that removal. Mr. Karner stated he went to court on a ticket and that was dismissed. Ms. Moermand stated he is not allowed to subsequently appeal the assessment after the appeal of the order was denied; however, this appeal was processed. Mr. Karner responded if he is denied here and gets railroaded at the City Council, he will appeal on the grounds of civil rights because he is not getting equal justice under the law as Gopher State Ethanol. The City has taken away his one avenue of civil disobedience and freedom of speech because he can't use a megaphone or walk with a protest sign because of health probiems he attributes to Gopher State Ethanol. The e3 -1a3 LEGISLATIVE HEARING MINLTTES OF MARCH 11, 2003 Page 2 appliances were stored safely. There was no safety concern for the tall grass and weeds. He should not have to pay for any of this. Ms. Moermond requested the videotape. (A videotape was shown.) Mr. Kamer stated he stipulates that the City did the work. He does not need to see the videotape. The only reason he did tius was because this is his only way to voice his opposition. His azgument is not that he is wrong. His argument is Gopher State Ethanol is more wrong than he is. This is the first problem he has had with the City. It is his only way to voice his opposition to the City's negligence in enforcing nuisance ordinances against Gopher State Ethanol. Ms. Moermond stated what is in front of her is the condition of his yazd. It has nothing to do with Gopher State Ethanol. He received proper notice. Mr. Karner responded he was not given a chance to voice his opposition when he appealed the original correction order. He was told it was inelevant. If he is prosecuted and fined, the City is treating him under the law differently than Gopher State Ethanol. Ms. Moermond asked the cost of the assessment Mr. Betz responded $729. Ms. Moermond stated the $729 is the actual cost to the City doing this cieanup. This is not a fine, but a bill that the City can force payment on by assessing it on the taxes. The City cannot charge more than what it costs to perform these services. Mr. Karner responded he does not have to be charged. The City did not have to do the work. There is no real safety violation. He is getting sick in his own home and his hearing is permanently damaged by this plant. He used to do the yard work before Gopher State Ethanol moved in. Ms. Moermond stated she has no control over the Gopher State Ethanol issues. She understands he is having difficulty maintaining his yard because of health problems he attributes to ethanol. That wouid be a private issue between him and the ethanol plant. That may be something he can pursue elsewhere. He still has to maintain his own yard. If he cannot do it himseif, he shoutd see that it is done. Mr. Karner responded that she is suggesting Yhat he shouid pay someone to hurt themselves in his yard while they breath the garbage from the plant. He asked who will cover his liability insurance or should he hire a different person each time so they are not exposed to too much. No one has answers to those types of questions. As long as Gopher State Ethanol is exceeding the City and State noise ordinances, he is not going to go to his yazd except to get to his car or to his bus stop. Ms. Moermond recommends approval of the assessment. She understands that Mr. Karner feels this is civil disobedience; however, Code Enforcement officials do have to go out and enforce the minimum properry maintenance standards. If he does do not maintain his yard, he can look forward to additionai summary abatement orders and assessments onto his tases. She suggests he write all seven City Councilmembers a letter explaining his position. This will be on for a public hearing so he will be heard at that time. Looking at what she has in front of her, she has O� -30� LEGISLATIVE HEARING MINUTES OF MARCH 1 l, 2003 Page 3 no reason to justify recommending a partial assessment or deleting it entirely. Mr. Karner responded he expected the appeal to be denied. He did not get a chance to be heard last time in front of the City Council. 712 Hawthome Avenue East John Betz stated that the properiy owner is requesting to be heard along with another issue that is before the Legisiative Hearing Officer on May 13. Marcia Moermond recommends laying over to the May 13, 2003, Legislative Hearing. Laid over summary abatements from February 25, 2003: J0207A1AA 2021 California Avenue East J0205VW Towing of abandoned vehicles from private properties at 115 Sycamore Street East and 123 Geranium Avenue East. J0205VV VV Towing of abandoned vehicles at 2168 Minnehaha Avenue East. 2021 California Avenue East (No one appeazed) Marcia Moermond stated it is her understanding that the owner could not be here. He indicated that he had a short time to comply, and he did not think the conditions justified the abatement. Also, these were his home business landscaping supplies and not gazbage items. (A videotape was shown.) Hazold Robinson reported the assessment was for $298. The owner called him and said the Parks crew picked up a new tire. Mr. Robinson picked up the tire from Parks and brought it to the owner's house. At the time, the owner did not seem upset about the assessment. As seen from the videotape, it was clearly not all landscaping items. Ms. Moermond recommends approval of the assessment. 2168 Minnehaha Avenue East (Note: this appeal will be heard at the 1:30 meeting.) 123 Geranium Avenue East (No one appeazed} Harold Robinson reported this is about an abandoned vehicle. OS -7 a1 LEGISLATIVE HEARING MINUTES OF MARCH 11, 2003 Page 4 Marcia Moermond recommends approval of the assessment. She received a letter from Fred Hoelzel, Properry Manager, who indicates that the caz may or may not have belonged to a tenant who was evicted in 2002. It would still be Mr. Hoelzel's responsibility to ensure that the vehicle is removed from the property. ll 5 Svcamore Street East Trina Smith, owner, appeazed and stated the vehicle was not abandoned. She wanted to know why she was getting charged $800 for this, Hazold IZobinson stated orders were issued on Apri122, 2002, with a compliance date of May 20. Ms. Smith responded she never received a letter telling her to remove the caz or it would be towed. She only received a letter that if she wanted the items out of the car, she should pick them up or the parts would be sold to pay for the towing. Mr. Robinson stated it was a white Ford with expired tabs. It was towed on June 24. Notices were sent to Trina Smith and [someone else] at 115 Sycamore Street East. The mail was not returned. If mail is returned, they make another effort to notify. Ms. Moermond asked was something put under the windshield wiper indicating there is an abatement order on the vehicle. Mr. Robinson responded not always. Ms. Moermond asked if there were any abatement orders or tickets outstanding. Mr. Robinson responded an abatement order went out on the recheck. A work order was sent on May 20 and the vehicle was towed on June 24 by the police. There was a two month period There. Steve Nlagner stated if the vehicle was claimed at the Impound Lot there would not be an assessment because the owner pays the towing and impound fees to claim the vehicle. She would have had an opportunity to claim the vehicle based on the letter from the Impound Lot. Ms. Smith asked why it is $800. (Ms. Moermond looked at a Police Tow Work Order on this property.) Ms. Moermond stated the police costs were $775.60. Ms. Smith stated that she was not going to get the vehicle after they towed it because there was nothing wrong. She didn't get a ticket or something telling her that she needed to show her records. She only received a letter teliing her that she towed the car. Ms. Moermond recommends approval of the assessment. Records show that the property owner received norice. 03 -�o� LEGISLATIVE HEARING MINiJTES OF MARCH 1 l, 2003 Page 5 J0207AAAAA Laid over summary abatement from February 25, 2003: 2168 Minnehaha Avenue East (Note: this appeal will be heazd at the I 30 meeting.) J0204CC Laid over summary abatement from February 25, 2003: 1000 Reanev Avenue (No one appeazed.) Steve Magner reported this assessment is for $56,411.01. On February 26, his office mailed a complete statement breaking down all the costs. Included was a letter to call Mr. Magner if he had any questions. Mr. Magner has not heazd from Mr. Vallaincourt. Mazcia Moermond recommends approval of the assessment. Code Enforcement has provided the owner with the itemized bill he requested and he is not here. Summary Abatements: J0207A2 Property clean-up for part of July 2002 to part of December 2002; J0206V Towing of abandoned vehicles from private property for part of July 2002 and all of September 2002. 728 White Bear Avenue North (J0207A2) (On February 25, John Betz requested that this issue be deleted due to improper notification.) Marcia Moermond recommends deleting the assessment. 790 Selbv Avenue (J0207A2) Steve Magner requested this be deleted. Marcia Moermond recommends deleting the assessment because the notice was sent to the wrong property. 1076 Maryland Avenue East (J0207A2) Steve Magner requested that this be laid over to March 25. Mazcia Moermond recommends laying over to the Mazch 25, 2003, Legislative Hearing O�-�0 LEGISLATIVE HEARING MINiJTES OF MARCH i l, 2003 Page 6 665 Maenolia Avenue East (J0206� Steve Magner requested that this be deleted. Mazcia Moermond recommends deleting the assessment because the owner was incorrectly assessed. 657 Lawson Avenue East (J0207A2) (Tchu Yajh provided interpreting services at this property.) The following owners appeazed: Chao Xiong, 967 Galtier Street, and Mai Thao, 657 Lawson Avenue East Mr. Xiong stated he did not send in a green card and cannot attend a hearing on Mazch 25. Marcia Moermond recommends laying this over to the Apri18, 2003, Legislative Heazing. 1111 Bush Avenue (J0207A2) (No one appeared.) Mazcia Moermond recommends approval of the assessment. 1039 Earl Street (J0207A2) (No one appeazed.) Marcia Moermond recommends approval of the assessment. 1075 Front Avenue (J0207A2) (No one appeared.) Marcia Moermond recomrnends approval of the assessment. 489 Hatch Avenue (J0207A2) (No one appeazed.) Marcia Moermond recommends approval of the assessment. 03 - 307 LEGISLATIVE HEARING MNUTES OF MARCH 11, 2003 Page 7 0 Liahtner Place (J0207A2) (No one appeazed.) Marcia Moermond recommends approval of the assessment. 598 Marvland Avenue East (J0207A2) Stacy Davis, owner, appeared and stated he does not recall the City doing any work. She never received a letter, but she and a neighbor got a letter at the same time to cut weeds. Her, her son, and a neighbor boy did that. Harold Robinson reported on October 10, a summary abatement was issued with a pre-authorized vehicle order, which means it goes right to Pazks and Recreation to do the work after a certain date. Parks and Recreation cut the grass on October 15, 2002. Orders were sent to Stacy Davis at 598 Maryland Avenue East. Ms. Davis stated she wouid like to see the video. She never received a letter. (A videotape was shown.) Ms. Moermond recommends the assessment be reduced from $195.00 to $75.00 plus the $45 administrative fees for a total assessment of $120. The work done seems minor from the videotape. 1076 Marviand Avenue East (J0207A2) (No one appeazed.) Marcia Moermond recommends approval of the assessment. 1066 Reanev Avenue (J0207A2) Marcia Moermond stated her paperwork shows that the City cleanup up refuse, mattress, tires, papers, and branches for $316. Jeaziine Galloway, owner, appeazed and stated she purchased the house in July. The previous owner was suppose to take care of this. She never received a notice. (A videotape was shown.) Ms. Moermond stated they did leave a loT of work on the property. She asked was the agreement that they would clean it up. Ms. Galioway responded it was suppose to be removed per the 0�_3o,Z LEGISLATIVE HEARING MINUTES OF MARCH 11, 2003 Page 8 paperwork. She thought the previous owner came back and did the work. The City did not do a goodjob. Hazold Robinson stated that if the items aze not identified on the original summary abatement, they are careful about not taking those things. The City has lost appeals by taking too much. If items look like they may be useful or still in good condition, they try not to take them. Usually when the City cleans up, they clean up well. Ms. Moermond asked when Ms. Galloway received the bill. Roxanne Flink responded the owner has 30 days to pay without interest. Ms. Moermond stated it seems like there were materials to be cleaned up on the property. She would like the owner to have something in writing to take to the former owner to encourage them to fulfill their obligations. Ms. Galloway was responsibie for the properiy when the abatement occurred. The assessment for that will stand. If there is something the City can do to provide documentation to secure money from the people who really did this, the City can help with that. Ms. Galloway asked can she make payments in installments. Ms. Moermond responded that Real Estate staff can help her with that. Ms. Moermond recommends approval of the assessment. Ms. Flink added that she should check with her title insurance to cover the cost. 925 Woodbridpe Street (J0207A2, two assessments) (No one appeared.) Marcia Moermond recommends approval of the assessmenis. 939 Woodbridte Street (J0207A2) (No one appeazed.) Mazcia Moermond recommends approval of the assessment. 1130 Abell Street (J0206V) (No one appeared.) Mazcia Moermond recommends approval of the assessment. Os -�03 LEGISLATIVE HEARING MINUTES OF MARCH 11, 2003 Page 9 775 Ashland Avenue (J0206V) (No one appeared.) Mazcia Moermond recommends approval of the assessment. 946 Carroil Avenue (J0206V) The following appeared: Lynn Connolly, 554 Central Avenue West, Housing Manager for the Public Housing Agency (PHA); and Michael Driscoll, City Attomey's Office, PHA's attomey. Mr. Driscoll stated PHA never received notice prior to receiving the assessment notice. There may have been a notice sent to the owner of the vehicle or to the tenant, but there was no notice sent to the PHA. They are usually sent to the same address as the assessment notice. Lynn Connoily talked to a representative of PHA to see if she received a complaint. This person would receive the original complaint and forward it to Ms. Connolly. This person said she did not receive a complaint in May. Maureen, Citizen Service Office, said she had no record of a compiaint at the PHA. Mr. Betz responded the Citizen Service Office would not get notice. Notices were issued to Martin Smith at 955 McKnight Road South and the occupant at 946 Carroll. The ownership printout does not have PHA on it. Mr. Driscoll responded he does not understand what printout Mr. Betz is looking at. Steve Magner asked was there recent acquisition of this properry. Since there was not proper notification, he suggests deleting this assessment. He will give information to the AMANDA Computer System to make sure they check these records. Ms. Moermond recommends deleting the assessment. 77 Front Avenue (J0206V) (No one appeared.) Marcia Moermond recommends approval of the assessment. 1587 Hudson Road (J0206V) The following appeared: Tue Vang, owner, and Cheeney Xiong, brother-in-law. Ms. Vang stated it is her property, but the vehicle belongs to Mr. Xiong. He does not have a piace to put his caz. A police officer told them on September 12 to move the vehicie or it would be towed. He moved the vehicle before September 12. He moved it to a difFerent spot. Mr. Xiong stated the complaint letter said to not pazk on the grass. He moved it from there. O3 -�� LEGISLATIVE HEARING MINUTES OF MARCH 11, 2003 Page 10 Harold Robinson reported the orders were issued on August 28, 2002. The vehicle needed current licensed tabs and it was pazked on the grass. On the September 12 recheck, the vehicle was off the grass, but still in violation. On September 24, it still had expired tabs, so it was towed. Ms. Moermond asked is that how they remember it. Ms. Vang responded yes. Ms. Moermond stated a vehicle has to have current tabs, even on private property. The assessment wiil have to stand at $347.05. The owner can make payment arrangements so it can be done over time. This is the cheapest she has seen for a vehicle tow and storage. Mr. Xiong stated that someone at the Impound Lot said there would be no charge. (Mr. Xiong showed Ms. Moermond a title.) Mr. Robinson stated once it is offered as scrap, there are no further charges. Ms. Moermond asked is there any indication how he would have come to this impression. Mr. Betz responded there would not be any chazges if the vehicle was sold for enough money to cover all the costs. Ms. Flink suggested holding off on the determination on this one to do further checking. Mr. Robinson stated if the owner said he was leaving the car there, then he wouldn't pay anything. It would be assessed. Ms. Moermond stated she will look into this and find out what the procedure is. Her inclination is that staff is correct: the vehicle owner wouldn't pay then and the property owner would pay when it is assessed. She would like to find out if he was given the wrong information. She will send him a letter and let him know what she finds out. Ms. Vang asked about interest. Ms. Flink explained the process to her. (Ms. Moermond's recommendation is approval of the assessment. Because the titie was huned over to the City, the City would not chazge the vehicle owner for the tow; however, there are still charges for storage up to the point when the title was turned over to the City.) 791 York Avenue Marcia Moermond stated these aze abandoned vehicles. There is a green Cadillac and a blue one. Bill Cunnien, owner, appeared and responded they aze not his cazs and they were in the alley. Steve Magner stated the inspector indicated that on September 3, 2002, an inspection was conducted and an a vehicle abatement notice was issued and mailed on September 4 to the 03 -303 LEGISLATIVE HEARING MINIJTES OF MARCH 11, 2003 Page 11 Cunniens at 2529 Cottage Grove Drive in Woodbury. There were two vehicles with no plates. The inspector went back out on September 16. The vehicles were parked on the north side of the gazage next to the alley and they were removed. Mr. Cunnien responded the north side of the garage would be in the alley. There is a no parking sign there. Ms. Moermond asked were these vehicles dumped on his property or neaz his property. Mr. Cunnien responded they aze not his vehicles. Ms. Moermond asked is the property vacant, rented out, eta Mr. Cunnien responded it was rented out. It had a fire and bumed. Mr. Magner stated the inspector indicates that when he was there on the 16 the vehicles were moved to the north side of the gazage next to the alley. When the original summary abatement was issued, the vehicles were on his property. Mr. Cunnien responded that when the City towed them, they were not on the property. They were towed from the alley. Ms. Moermond asked were the police present for the tow. Mr. Magner responded they were. Ms. Moermond asked are they tenant vehicles. Mr. Cunnien responded he had tenants, but he is not sure they belonged even to the tenants. He told the tenants to remove the vehicles. Ms. Moermond stated he is stili responsible if it is on his property. Mr. Cunnien responded it was not on his property; it was in the alley. Mr. Magner added that this is a dead end alley. Ms. Moermond stated she will foliow up with the Police Department and the CiTy Attorney's Office to see who is in charge of what space and what to do in this situation. She will send him a letter. Her guess is that the caz started out on his property. Mr. Cunnien responded if he does not have a title card, he cannot get rid of the vehicles. Mr. Magner responded the owner of the property can call the police department and ask for a manager's tow. They tag the vehicle and then the owner can call a towing company. He might be charged a cost for the tow. (NIs. Moermond recommends approval of the assessment of $440.60 for the green Cadillac. The property owner should be chazged for the tow and storage of the green Cadiilac as it was towed from the unimproved area in the rear of that address. The gray Cadiilac should not be chazged to the property owner as it was towed from the improved azea in the reaz of that address; however, there was no abatement tow sheet created for the gray Cadillac anyway.) 819 Johnson Parkwav (J0207A2) Racquel Naylor stated she received a call shortly before the meeting from an owner who said that the green card was not retumed. Marcia Moermond recommends laying over to the Mazch 25, 2003, Legislative Hearing. � 0�-303 LEGISLATIVE HEARING MINUTES OF MARCH 1 I, 2003 Page 12 482 Lac�son Avenue West (J0207A2) Marcia Moermond stated this assessment is for refuse, debris, tall grass in the yazd. The work was done on September 5, 2002. Rod Kiindworth, owner, appeazed and stated this is rental property. He would like to see the videotape. (A videotape was shown.) Mr. Klindworth stated it was September 7 that it was suppose to be reinspected. He called Lisa Martin (Code Enforcement) and goT an exTension to comply. They did get the boat out, which must have been after this videotape. He probably should have been over there more often. It was completed on September 13. Jolui Betz reported the work order was sent August 27. The inspector indicates the property owner called on September 6 who explained it was rental property, he would be returning on Monday, and he would take care of it by September 13. Mr. Betz presumes he meant the boat. The work had been done on September 5. Mr. Klindworth responded the officer was supposed to reinspect on September 7. He got it done on September 13. The boat was gone when he got there. He had that removed. (Ms. Moermond looked at the letter Mr. Klindworth is referring to.) Ms. Moermond stated this is a conection notice dated August 27. That would be different than the summary abatement order that would have precipitated this assessment. There should be another letter dated the same time. Steve Magner stated the summary abatement inspection was conducTed on August 9, 2002, wiTh a compliance date of August 15. This is for a boat and trailer. These were mailed to Saint Paul Postal Employee Credit, 2401 McKnight Road North and to the occupant at 482 Lawson Avenue West. The boat one was also sent to Roderick Klindworth, 482 Lawson. Mr. Klindworth responded he does not live there. It was homesteaded when he got it. Mr. Magner asked when he purchased the property. Mr. Klindworth responded he thinks he has had it at least six yeazs. Mr. Magner stated the correction notice was sent to Robert Klindworth, P.O. Box 452, South Saint Paul, but the smnmary abatement was sent to Lawson. Mr. Magner suggests deleting the assessment because Code Enforcement did not mail the summary abatement to him and for some reason the correction notice was mailed on the same or similaz date. Mr. Klindworth stated he has quite a few buildings and he does take care of them. C3-3oa LEGISLATIVE HEARING MINLTTES OF MARCH ll, 2003 Page 13 Ms. Moermond recommends deleting the assessment. She suggested he clean up the address problems so it is not shown up inadvertently as being homesteaded. Roxanna Flink stated that unless he goes in and makes it nonhomesteaded, then it will stay that way until something happens. Resolution ordering the owner to remove or repair the property at 20 Svcamore Street East. If the owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. Steve Magner reported this is a two story, wood frame, single family dwelling. It was condemned on March 25, 2002, and vacant since then. There have been six summary abatement notices issued to secure doors and windows, remove refuse, and cut tall grass. On January 7, 2002, an inspection of the building was conducted, a list of deficiencies which constitute a nuisance condition was developed, and photographs were taken. An order to abate a nuisance building was issued on January 13, 2003, with a compliance date of January 29. As of this date, the property remains in a condition which comprises a nuisance as defined by the legisiative code. The vacant building fees were paid. A citation was issued on August 20, 2002, charging the previous owner with failure to pay the annual vacant building fee. Real estate taxes are paid. TaYation has placed an estimated market value of $4,800 on the land and $20,200 on the building. On March 4, 2003, a code compliance inspection fee was paid. A$2,000 bond was posted on Mazch 10. Code Enforcement estimates the cost to repair is $80,000 to $100,000; estimated cost to demolish is $7,000 to $8,000. Mr. Magner went on to say that the property is in a state of neglect and disrepair. A number of people have illegally occupied the buiiding. Measures have been taken to enforce the condemnation on this dwelling. The previous owners just transferred ownership. His office would not be opposed to the new owner having time to rehabilitate the property as long as he completes the project within 180 days, brings the building into code compliance certificate requirement, and maintains the yard and the walks. Marcia Moermond asked about the time period for the summary abatements. Mr. Magner responded the rash of them happened over the last three months as they were coming to a resolve with the previous owner. Bee Vue, 1292 Donegal Drive, Woodbury, appeared and stated his plans are to fix up the property. Ms. Moermond asked has he had a code compliance inspection conducted. Mr. Vue responded he has. The inspection has been done, but he only has a draft of it. Ms. Moermond asked is it a dangerous structure. Mr. Magner responded yes, based on the condition of the property. o� .303 LEGISLATIVE HEARIIQG MINUTES OP MARCH 11, 2003 Page 14 Ms. Moermond asked has he pulled a building permit. Mr. Vue responded he tried to do that yesterday. The code compliance inspection was not ready, so he was not able to get the permit yesterday. He should be able to pull the permit today. Ms. Moermond asked has he done other kinds of rehabilitation projects like this. Mr. Vue responded he has. Mr. Magner responded he has done some before, but Mr. Magner would like to emphasize that the project has to be completed within the time frame of the bond and the yazd has to be maintained. Also, he cannot have occupancy until the code compliance has been signed off. Ms. Moermond stated he should work closely with the inspectors. This is a dangerous structure, and the City Council is not likely to give any ]eeway. Mr. Vue responded the property is not in danger structurally. The first week, he cleaned out the whole house except for the basement. Mr. Magner responded it might not be in an immediate peril of collapsing, but a police officer partially fell through the front porch. The rear edition has rotted through to the point that a finger could be pushed through the siding. Ms. Moermond recommends granting the owner 180 days to complete the rehabilitation of the property. The properties listed below have already been rati�ed by the City Council. 367 Bates Avenue (J0207A) (No one appeared.) Racquel Naylor said the owner called and was not able to attend this hearing far health reasons but would like to appeal this. (A videotape was shown.) Ms. Moermond stated she would like to follow up with the owner. That can be done via telephone or scheduling an April hearing. So faz the finding is that there was junk that needed to be removed. She needs to hear why this was not taken care of in a timely manner and if she received notice. 713 Bedford Street (J0207A, J0207B, J0205V) (No one appeazed.) Marcia Moermond recommends approval of the assessments. 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