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03-305City of St. Paul COUNC L FILE NO. Q'3 —3Q5 RESOLIITION RATIFYING ASSBSSMSNT By /%`� �, , ,� � 4� �+� f� F t y�� File No. SEE BELOW �me�a,� —�avc� �� a0o 3 Assessment No. SEE BELOW �1 � �. U�,.,..s4...,.,�� A-�-�- �� - ��.,.�. e-�..� � �-4��, m °� �3 , ao 0 3 � Voting �� i� -.� �1,,..,.��o-.� �_'(`� Sg', 2-003, C� C�-.—� rH`JL'�� r Ward In the matter of the assessment of�enefits, cost and expenses for 2 J0207A1A (9916) Summary abatement (property clean-up) for properties located at 712 Hawthorne (Pin 20-29-22-44-0119) and 627 Palace (Pin 12-28-23-23-0068). LAID OVER BY LfiG2SLAT2VE HEARING OFFICHR ON 2-25-03 TO 3-26-03 LEGISLATIVE HEARING 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 all respects ratified. RSSOLVED FURTHER, That the said assessment be and it is hereby determined to be payable in One equal installments_ COUNCILPERSON Yeas Nays Abs�Y-'� -Benanav vSlakey v�ostrom �.2oleman �arris �ant ry �bs�r.t —Reiter 5 zn Favor O Against a fabSer�� adopted by the Council: Date M��. �-(e �pq 3 Certified Passes by Council Secretary To I,egislative Hearing Officer - 3-11-03 Public Hearing Date - 3-26-03 T.M.S./REAL ESTATE DIVISION Date: ;ontaR Person and Phone Nu ber: Roxanna Ftii��' �`' 266-8859 OS —145 3/4/03 Green Sheet Number: 204130 EYAR'IMENTDII2EC70R CI7YCOIJIVCIL ICY ATTOILYEY TfY CLERK UDGEI DII2EC70R -&MGT.SVC.DIR �st be on Councii Agenda by: �st be in Couocil Research Office , IAyOR (OR ASSISTANI') 1 OiJNCiI. RESEARCH 000n on Friday public hearing is 3-26-03 OTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) CTION REQUESTED: At Legislative Hearing Officers request on 2-25-03 these items were laid over to 3-26-03, Summary abatements (property clean-up) for property located at 712 Hawthorne (Pin 20-29-22- 44-0119) and 627 Palace (Pin 12-28-23-23-0068). File No. J0207A1A. pLANNING COMMISSIOY CIVIL SERVICE COM1I�IISSION CB COhIDtITIEE rts whidh Council Objective Neighborhoods A STAFF Code A Enforcement A Has the persoNfirm ever worked under a con[ract for [his departmen[? Has this persoNfirm ever been a City employee? Does this person/�rm possess a skill not normally possessed by any current City employee'. Explain all YES answers on a separate sheet and at[ach. YES NO YES NO YES NO YG PROBLEM, ISSUE, OPPORTUYII'Y (Who, What, When, Where, Why?): "SEE ORIGINAL GR�EN SH�ET NUMBERS 204043" IF APPROVED: ANTAGESIFAPPROVED: �?�� i�Yi�c'� �ANTAGES IF NOT APPROVED: i��$�i� � � ZQ�� AMOUNT OFTRANSACTION: $1�O/O.00 COST/REVENUE BUDGETED (CIRCLE ONE) SOURCE: ASSCSSIDCIIYS OII�}' t1CTNITY NUMBER: ALINFORMATION:(EXPLAIN) 2 oronertv owners will be notified of the public hea and YES NO To Legislative Hearing Officer - 2-25-03 Public Hearing Date - 3-5-03 T.M.S./REAL ESTATE DIVISION :ontact Person and Roxanna Flink� be on Council Agenda by: be in Councii Research OfEce 11 :i � noon on Fridap 2-14-03 �TAL # OF SIGNATURE PAGES 1 O� -3 oS Date: 1/15/03 Green Sheet Number: 204043 DEPARTME\TDIRECTOR ITYCOtiNC[L CCYATIOR\EY IIYCLER2C BLDGE"I DIRECTOR FI\.&�IGT.S�'C.DIR. �I.AYOR(ORASSIS'IAN'n 1 OG\CILRES&1RCH (CLIP ALL LOCATIONS FOR SIGNA )N REQUESTED: Set date of public hearing and approve assmts for To�ring of aband vehicles from private property for parts of May, June, July, Aug. of 2002, Boarding-up of vacant bidgs. for Dec. 2002 and Summ Abate (property clean-up) for part of July 2002 to part of Dec. 2002. File No.'s J0205V, J0208B and J0207Ai. __ __ _ . _._ _ _ _ ,,,,,, PLA\?�ISG CO�DllSStOV CR7L SER�7CE C011lllSSIOY QB CO>I>IITI'EE rts whidh Council Objecti�e Neighborhoods A STAFF CoUe A Enforcemen[ A ��acant bidg �Vard 2 Has [he person/tirm e�er ��orked under a contract tor this departmen['. Haz this person/�rm c�er bcen a Cih� emploqee7 Does this person/firm possess a skill mt normalk possessed by am� current Ci[y employee? Expiain alI YES answers on a separate sheet and attach. ITIATt\G PR06LE�I, ISSUF, OPP02TU\ITY (��'hq ��hat, �Vhen, R'here, �Vh}''•): 1'ES t'ES 1'ES Piropec�ty o�viiex's or p enters cz�eate � liealtl� h�zard at rac ious firnes thi'ou�lioitC tlxe Cit�� of �aint Paul when their property is not kept up - aGES IF APPROVED: Cost recovery progrlms to recover expenses for Towing of aband. vehicles, Boarding-up and Summ. Abatement. This includes cutting tnil grass and weeds, hauling a�r•ay all garbage, debris, refuse and tires. Also, 111 household items such �s refrigerators, stoves, sofas, chairs and �ll nther items. In winter this includes the removai of snow and ice from side�r•alk and cross walks. p\7'AGES IF APPROVED: If Councit does not approve these chzrges, General Fund wonld be required to pay the lssessment. Assessments are payable over 1 or 10 years and collected with the property tases if not paid IF NOT APPROVED: Neighborhoods would be left to deteriorate and property vllues �vould dedioe. Nobody would take care of their property, especially vacant or rental properties. Rodents, filth, garbage and trash ��ouid accumulate everywhere Disease and pests could become a problem. A`]OG\TOFTRASSACTIOY: S�(2 ,832.79 COST/REVE�UEBUDGETED(CIRCLEO�E) sovace: Assessments only acr�virvnu«sea: YES LI\FORAIATIO\:(EXPLAI\) ll8 property o�vners �vill be notified of the public hearin�nd City of St. Paul � ��';, �`��+� i Real Estate Division t�1; �jE; � Dept. of Technology & Management Serv REPORT OF COMPLSTION OF ASSSSSMENT COUNCIL FILE NO. File No. SEE BELOW Assessment No. SEE BELpW 03 -305 Voting Ward In the matter of the assessment of benefits, cost and e�enses for 2 J0207A1A (9916) Summary abatement (property clean-up) for properties located at 712 Hawthorne (Pin 20-29-22-44-0119) and 627 Palace (Pin 12-28-23-23-0068). LAID OVSR BY LEGISLATIVB H&ARING OFFICER ON 2-25-03 TO 3-26-03 LEGISLATIVE HEARING WILL BE 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 $927.00 $ $ $ $50.00 $40.00 TOTAL EXPENDITURES Charge To Net Assessment $1,070.00 $1,070_00 Said Valuation and Assessment Engineer further reports that he has assessed and levied the total amount as above ascertained, to-wit: the sum of 51,070.00 upon each and every lot, part or parcel of land deemed benefited by the said improvement, and in the case of each lot, part or parcel of land in accordance with the benefits conferred thereon; that the said assessment has been completed, and that hereto attached, identified by the signature of the said Valuation and Assessment Engineer, and made a part hereof, is the said assessment as completed by him, and which is herewith submitted to the Council for such action there n��s may be considered proper, � Dated__� l�� Valuation and Assessment Engineer s C7 � a a � a � Q � � � � E � � � � im �� i � � ti A � o ' � ' H i O � � � I � 1 M 1 C E, � c� � a a�� W�M 'N � a � cv � N ' o � � a�m m a � N i c� i i ry i O � r { � N 1 U] 1 O O O II O � O O O II O W I �4 i o0o II o � o0o II o fL' � � � . . . p . i . . . 11 ' i � C l(1 O II Ol � Cl In O II m� � � W(V N II N � C� N N II c0 � lp t?i? il h � N U2+11 il N$'�. � vl n.n i.n n vr o n n a �; � n i n v p � n � n m [� i n i II W U � II �� Q i il 11 w � II � �� I �fj 1 000 I 000 [y i O O O � O O O H � O O O � O O O z 1 O O O � O O O � I . . . I . . . I p t�{ ri 1(+1 ri ri a � p� 1 C 0 1 tD I N F i � V � W i i i Wi000 �000 H�000 �000 rL i o 0 0 � o 0 0 a i . . . i . . . .iNO riNO E; N N � N N H i � i I 1 I I ' I `� � .ww � w uic � wm C7 w i �£FC � QE� ��U i��U 0.' i Cr�UV i a' W�- �H � £ x > � � CC J U i E U W i� W W r1 � 5 W W . w � macn � �nam � � ' � � z �n ' � �" �� n m z�� m � o�>ws� � E � Ll� � � W i 0.l ,y •• i •• H I'J M W W ri � W N � � �n`�� mz� � � (� ° z� W i- ar O ti N i RC o N Q � a�a xmct ; a•, mx N i FC U] .7 FC W i W� FC W a � Q vzo� 4 aa � ama w��noo�oao�� ao a � FC.7mE,a � ,'�t� o��wz� �x� •x a� o �caF� a xF• a w� xwH Cl0 O i FC O O � Hocnaa s � oa � � � ; i � N i M O O i I � � M t� o �wo i .y i W o i o a � rv .�+ � w��o w � N � »a o Q i [] � 7 W � z��@] W a � x>u,�o � �w�nzo � � ��awz�� aozx� ��uEr� �wxEF M o �K4�aH ��SH N fk � W RC Q i W x W N z N 3� aNF�a � F a'.�-�H�w 'i O F�' �O Ul i� Y 1 f] t� In i� i� 1 i i � 1 I I 1 � i i i � � � � i � i i i i � � � � I � � � I � i 0 0 o n o 0 0 o n o •II � o o n r N N C II � O1 tRLT 11 0 .h n . n �+ n vr n n n II � n II 11 II x n •W W Ii W Ul U' II � � � II mox�� r�U V II II �0.'UU li� � [x7 H II E+ x>��o � UfL' n F WWII � a � II U aaauw aaa��h EHHI10 000��x FFE+ n a m a W U � a E a W k w 0 � .7 W U � a N �J � J� REPORT Mazcia 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) 2. o� -�os Date: March 11, 2003 Time: 10:00 a.m. 130 pm. (2168 Minnehaha only) Place: Room 330 City Hall I S West Kellogg Boulevazd LEGISLATIVE HEARING FOR ORDERS TO REMOVE/REPAIR, CONDEMNATIONS, SUMMARY ABATEMENT ORDERS, AND ABATEMENT ASSESSMENTS Legislative Hearing Officer recommends laying this over to the March 25, 2003, Legislative Hearing per a request from staff. J0207A1A Laid over summary abatements from February 25, 2003, for property cleanap aY 712 Hawthorne Avenue and 627 Palace Avenue. 627 Palace Avenue Legislative Hearing O�cer recommends approval of the assessment. 712 Hawthorne Avenue East Legislative Hearing Officer recommends laying over to the May 13, 2003, Legislative Hearing. 3. Laid over summary abatements from February 25, 2003: J0207A1AA 2021 California Avenue East J0205VVV Towing of abandoned vehicles from private properYies at 115 Svcamore Street East and 123 Geranium Avenue East. J0205VVW Towing of abandoned vehicles at 2168 Minnehaha Avenue East. 2021 California Avenue East Legislative Hearing 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 Heazing Officer recommends approval of the assessment. oa -'� cs LEGISLATIVE HEARING REPORT OF MARCH 11, 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.) Legis]ative Heazing Officer recommends approval of the assessment. 5. J0204CC Laid over summary abatement from February 25, 2003 at 1000 Reanev Avenue Legisiative Hearing 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 Hearing Officer recommends deleting the assessment. 790 Selbv Avenue (J0207A2) Legislative Heazing Officer recommends deleting the assessment. 1076 Maanolia Avenue East (J0207A2) Legisiative Hearing Officer recommends laying over to the March 25, 2003, Legislative Hearing 665 Maenolia Avenue East (J0206V) Legislative Hearing Officer recommends deleting the assessment. 657 Lawson Avenue East (J0207A2) Legislative Hearing Officer recommends laying this over to the April 8, 2003, Legislative Hearing. 1111 Bush Avenue (J0207A2) Legislative Hearing Officer recommends approval of the assessment. 1039 Earl Street (J0207A2) Legistafive Hearing Officer recommends approval of the assessment. 1075 Front Avenue (J0207A2) Legislative Hearing Officer recommends approval of the assessment. 01-�05 LEGISLATIVE HEARING REPORT OF MARCH i l, 2003 489 Hatch Avenue (J0207A2) Legislative Hearing Officer recommends approval of the assessment. 0 Lightner Place (J0207A2) Legislative Hearing Officer recommends approval of the assessment. Page 3 598 Maryland 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 Hearing Officer recommends approval of the assessment. 925 Woodbridee Street (J0207A2, two assessments) Legislative Hearing Officer recommends approval of both assessments. 939 Woodbrid¢e Street (J0207A2) Legislative Hearing Officer recommends approval of the assessment. 1130 Abell Street (J0206V) Legislative Hearing Officer recommends approval of the assessment. 775 Ashland Avenue (J0206V) Legislative Hearing Officer recommends approval of the assessment. 946 Canoll Avenue (J0206V) I,egislative 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 approval of the assessment. 791 York Avenue (J0206V) Legislative Hearing Officer recommends approval of tke assessment. 819 Johnson Parkwav (J0207A2) Legislative Hearing Officer recommends laying over to the Mazch 25, 2003, Legislative Hearing. 482 Lawson Avenue West (J0207A2) Legislative Hearing Officer recommends deleting the assessment. 03—�OS LEGISLATIVE HEARING REPORT OF MARCH 11, 2003 Page 4 7. Resolution ordering the owner to remove or repair the property at 20 Svcamore Street East. If the owner fails to comply with the resolufion, Code Enforcement is ordered to remove the building. L,egislaUVe Hearing Officer recommends granting the owner 180 days to complete the rehabilitation of the property. rrn 03 -105 MINUTES OF THE LEGISLATIVE HEARING ORDERS TO REMOVE/REPAIR, COI�TDEMNATIONS, SUMMARY ABATEMENT ORDERS, AND ABATEMENT ASSESSMENTS Tuesday, Mazch 11, 2003 Room 330 City Hall, 15 West Kellogg Boulevard Mazcia Moermond, Legislative Hearing Officer STAFF PRESENT: John Betz, Code Enforcement; Michael Driscoll, City Attomey'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 owner fails to comply with the resolution, Code Enforcement is ordered to remove the building. (Laid over from 2-i 1-03) Mazcia Moermond recommends laying 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 work 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 Moermond asked what notices were issued for this property. John Betz responded orders were issued on August 7, 2002, to remove discarded appliances and cut tall grass by August 12. At fihat 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. Moermond 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 problems he attributes to Gopher State Ethanol. The oa -3os LEGISLATIVE HEARING MINUTES OF MARCH 11, 2003 Page 2 appliances were stored safely. There was no safety concern for the tall grass and weeds. He shouid not have to pay for any of this. Ms. Moermond requested the videotape. (A videotape was shown.) Mr. Karner stated he stipulates that the City did the work. He does not need to see the videotape. The oniy reason he did this was because this is his only way to voice his opposition. His argument is not that he is w�ong. 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 yard. 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 irrelevant. 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. $etz responded $729. Ms. Moermond stated the $729 is the actual cost to the City doing this cleanup. 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 heazing is permanently damaged by this piant. 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 would 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 himself, he should see that it is done. Mr. Karner responded that she is suggesting that he should pay someone to hurt themselves in his yard while they breath the gazbage from the plant. He asked who will cover his liability insurance or should he hire a different person each time so they aze 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 yard except to get to his caz 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 property maintenance standazds. If he does do not maintain his yard, he can look forward to additional summary abatement orders and assessments onto his taxes. 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 OS -1oS LEGISLATIVE HEARING MINUTES OF MARCH 11, 2003 Page 3 no reason to justify recommending a partial assessment or deleting it entirely. Mr. Kamer responded he expected the appeal to be denied. He did not get a chance to be heard last time in fi�ont of the City Council. 712 Hawthorne Avenue East John Betz stated that the property owner is requesting to be heazd along with another issue that is before the Legislative 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. J0205VVVV Towing of abandoned vehicles at 2168 Minnehaha Avenue East. 2021 Califomia 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 compiy, and he did not think the conditions justified the abatement. Aiso, these were his home business landscaping supplies and not garbage items. (A videotape was shown.) Harold 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 heazd at the 130 meeting.) 123 Geranium Avenue East (No one appeazed) Hazold Robinson reported this is about an abandoned vehicle. 03 -305 LEGISLATIVE HEARING MINUTES OF MARCH 1 l, 2003 Page 4 Marcia Moermond recommends approval of the assessment. She received a letter from Fred Hoelzel, Property Manager, who indicates that the car 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 properiy. 115 Sycamore Street East Trina Smith, owner, appeared and stated the vehicie was not abandoned. She wanted to know why she was getting chazged $800 for this. Hazold Robinson stated orders were issued on April 22, 2002, with a compliance date of May 20. Ms. Smith responded she never received a letter telling her to remove the car or it would be towed. She only received a letter that if she wanted the items out of the caz, 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 exp'�red 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 Magner 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 telling her that she towed the car. Ms. Moermond recommends approval of the assessment. Records show that the property owner received notice. CS-3CS LEGISLATIVE HEARING MINUT'ES OF MARCH 11, 2003 Page 5 J0207AAAAA Laid over summary abatement from Febmary 25, 2003: 2168 Minnehaha Avenue East (Note: this appeai will be heazd at the 130 meeting.) J0204CC Laid over summary abatement from February 25, 2003: 1000 Reaney 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. Inciuded was a letter to call Mr. Magner if he had any questions. Mr. Magner has not heard from Mr. Vallaincourt. Marcia 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 Beaz Avenue North (J0207A2) (On February 25, John Betz requested that this issue be deleted due to improper notification.) Mazcia 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 Marvland Avenue East (J0207A2) Steve Magner requested that this be laid over to Mazch 25. Marcia Moermond recommends laying over to the Mazch 25, 2003, Legislative Hearing 03 -3v5 LEGISLATIVE HEARING MINUTES OF MARCH 11, 2003 Page 6 665 Masnolia Avenue East (J0206V) 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 appeared: 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 March 25. Marcia Moermond recommends laying this over to the April 8, 2003, Legislative Hearing. 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 recommends approval of the assessment. 489 Hatch Avenue (J0207A2) (No one appeazed.) Marcia Moermond recommends approval of the assessment. o3-3os LEGISLATIVE HEARING MINUTES OF MARCH 11, 2003 Page 7 0 Lightner Place (J0207A2) (No one appeared.) Marcia Moermond recommends approval of the assessment. 598 Marvland Avenue East (J0207A2) Stacy Davis, owner, appeazed 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. ] 075 Marvland Avenue East (J0207A2) (No one appeared.) Marcia Moermond recommends approval of the assessment. 1066 Reaney Avenue (J0207A2) Marcia Moermond stated her paperwark shows that the City cleanup up refuse, mattress, tires, papers, and branches for $316. Jearline Galloway, owner, appeared 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 properry. She asked was the agreement that they would clean it up. Ms. Galioway responded it was suppose to be removed per the LEGISLATIVE HEARING MINUTES OF MARCH 11, 2003 o3-3cs 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 originai summary abatement, they aze 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. Usuaily 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 responsible for the property 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 Woodbridge Street (J0207A2, two assessments) (No one appeared.) Mazcia Moeimond recommends approval of the assessments. 939 Woodbridee Street (J0207A2) (No one appeared.) Marcia Moermond recommends approval of the assessment. 1130 Abell Street (J0206V) (No one appeared.) Mazcia Moermond recommends approval of the assessment. o� - 3os LEGISLATIVE HEARING MINUTES OF MARCH 1 l, 2003 Page 9 775 Ashland Avenue (J0206� (No one appeared.) Mazcia Moermond recommends approval of the assessment. 946 Carroll Avenue (J0206V) The following appeared: Lynn Connolly, 554 Central Avenue West, Housing Manager for the Public Housing Agency (PHA); and Michael Driscoil, City Attomey's Office, PHA's attorney. 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 Connolly 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 complaint 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. Setz is looking at. Steve Magner asked was there recent acquisition of this property. Since there was not proper notification, he suggests delering 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.) Mazcia 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 place to put his car. A police officer told them on September 12 to move the vehicle 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. 03-305 LEGISLATIVE HEARING MINUTES OF MARCH 11, 2003 Page 10 Hazold Robinson reported the orders were issued on August 28, 2002. The vehicle needed current licensed tabs and it was parked on the grass. On the September 12 recheck, the vehicle was off the grass, but still in violation. On September 24, it stiil 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 properiy. 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 wouid be no charge. (Mr. Xiong showed Ms. Moermond a title.) Mr. Robinson stated once it is offered as scrap, there aze 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 ail 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 iook into this and find out what the procedure is. Her inclination is that staff is conect: 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 approvai of the assessment. Because the titie was huned over to the City, the City would not charge 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 are abandoned vehicles. There is a green Cadillac and a blue one. Bill Cunnien, owner, appeazed and responded they aze not his cars 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 o3-3os LEGISLATIVE HEARING MINUTES 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 garage next to the alley and they were removed. Mr. Cunnien responded the north side of the gazage would be in the alley. There is a no parking sign there. Ms. Moermond asked were these vehicles dumped on his properiy or near his property. Mr. Cunnien responded they aze not his vehicles. Ms. Moermond asked is the properry vacant, rented out, etc. Mr. Cunnien responded it was rented out. It had a fire and burned. Mr. Magner stated the inspector indicates that when he was there on the 16`", the vehicies were moved to the north side of the garage next to the alley. When the original sumuiazy 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 aze 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 still 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 follow 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 wiil send him a letter. Her guess is that ihe car started out on his properiy. Mr. Cunnien responded if he does not have a Yitle 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 chazged a cost far the tow. (Ms. Moermond recommends approval of the assessment of $440.60 for the green Cadillaa The property owner should be chazged for the tow and storage of the green Cadillac as it was towed from the unimproved azea in the reaz of that address. The gray Cadillac should not be chazged to the property owner as it was towed from the improved area in the rear 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 cail shortly before the meeting from an owner who said that the green cazd was not retumed. Mazcia Moermond recommends laying over to the March 25, 2003, Legislative Hearing. 03-30s LEGISLATIVE HEARING MINUTES OF MARCH 11, 2003 Page 12 482 Lawson Avenue West (J0207A2) Mazcia Moermond stated this assessment is for refuse, debris, tall grass in the yard. The work was done on September 5, 2002. Rod HIindworth, owner, appeared 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. John Betz reported the work order was sent August 27. The inspector indicates the property owner called on September 6 who explained it was rental properiy, he would be returning on Monday, and he would take caze 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 correction 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 years. Mr. Magner stated the correction notice was sent to Robert Klindworth, P.O. Box 452, South Saint Paui, but the summary 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 conection notice was mailed on the same or similaz date. Mr. Klindworth stated he has quite a few buildings and he does take caze of them. o� -3� LEGISLATIVE HEARING MINUTES OF MARCH 11, 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 3ssued 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 legislative 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 t�es are paid. Ta�cation has piaced an estimated market value of $4,800 on the land and $20,200 on the buiiding. On March 4, 2003, a code compliance inspection fee was paid. A$2,000 bond was posted on Match 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 building. 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, appeazed and stated his plans aze to fix up the property. Ms. Moermond asked has he had a code compliance inspecfion 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. T 03-3os LEGISLATIVE HEARING MINUTES OF MARCH 1 l, 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 permiY 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 compieted within the time frame of the bond and the yazd has to be maintained. Also, he cannot have occupancy until the code compiiance has been signed off. Ms. Moermond stated he should work closely with the inspectors. This is a dangerous structure, and the City Councii is not likely to give any leeway. Mr. Vue responded the property is not in danger structurally. The first week, he cleaned out the whole house except foT 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 reaz edition has rotted through to the point that a finger couid 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 ratified 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 for health reasons but would like to appeai 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 far the finding is that there was junk that needed to be removed. She needs to heaz 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. The meeting was adjourned at 11:53 a.m. rrn �`, � � � .. a o � � n'y n (D � T 2 .� ; � � � = r Y � � ` �/ � l'� _ � � n T �\� \^ Ir (f� � i`� ` lO� . y ��\ �' � r � � � . � z y ��;� � r I� _ ti n �� v �y R n � � � � �. 'S O � � e�l � � � N: 0 O � w y y a �x�x .� y aq y � �. 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