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03-999City of St_ Paul '�� RESOLDTION RATIFYING ASSESSMENT // COLTNC 3 FILE NO. �� - 99 9 B File No. SEE BELOW Assessment No. SEE BELOW �/� Voting Ward In the matter of the assessment of benefits, cost and e�enses for J0306A1 (9958) Summary abatements (property clean-up) during the month of Ju1y, 2003 at 1577 Ivy Ave. E. J0302V2 (9965) Towing abandoned vehicles -from private property during November and December, 2002 for properties at 853 Marion St. and 956 Minnehaha Ave. E. -l� LAID OVER BY COUNCIL ON 10-22-03 to 11-OS-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 RPsSOLVED, That the said assessment be and the same is hereby in all respects ratified. RSSOLVSD FURTHER, That the said assessment be and it is hereby determined to be payable in One equal installments. COLTNCILPERSON Yeas Nays ✓ Benanav ✓ Blakey ✓ Bostrom ,� Coleman ;� Harris ,/ Lantry ��' - Adopted by the Council: Date /� S 03 Certified Passes by Council Secretary i �In Favor � Against BY. .f� ��.00.�P�� 4•✓ 7'le�t ��- Mayor e � November 5, 2003 City Council Action Minutes Page 12 69. Resolution Rarifying Assessment - 03-999 - In the matter of the assessment of benefits, cost and expenses for summary abatements (property clean-up) during the month of July, 2003 at 1577 Ivy Avenue East (J0306A1); and towing abandoned vehicles from private properiy during November and December, 2002 at 853 Marion Street and 956 Minnehaha Avenue East (J0302V2) (Laid over from October 22) (Legislative Hearing Officer recommends the following: 1577 Ivy Avenue East - approval of the assessment; - Laid over to November 12, Yeas - 6 Nays - 0 853 Marion Street - reducing the assessment to $235 plus the $45 service fees for a total assessment of $280; - Laid over to November 12 Yeas - 6 Nays - 0 956 Minnehaha Avenue -appra�tt} deleNon of the assessment) Adopted as ameuded per the recommendation of the Legislative Hearing Officer Yeas - 6 Nays - 0 70. Appeal of Jeffrey Clemons to a Summary Abatement Order for property at 180 Prescott Street. (Legislative Hearing Officer recommends granting the appeal) Appeal granted Yeas - 6 Nays - 0 71. Appeal of Sean Schouveller to a Summary Abatement Order for property at 873 Johnson Parkway. (Legislative Hearing Officer recommends denying the appeal) Appeal denied Yeas - 6 Nays - 0 72. Public hearing to consider the application of St. Paul Public Housing Agency to rezone properiy at 280 RavouY Street from RM-3 (Multiple Family) to RM-2 (Multiple Family) to allow single family houses. Motion of Intent - Application granted Yeas - 6 Nays - 0 73. Public hearing to consider the application of Leonard and Barbara Paczosa to rezone property at 1194 E. Maryland Avenue (between Duluth Street and Lane Place) from R-4 (One Family Residential) to B-2 (Community Business) for expansion of an auto convenience marketicar wash. Motion of Intent - Application granted Yeas - 6 Nays - 0 Suspension Items Resolution - 03-1000 - Approving the canvass of election rehuns and declaring the results of the City General Election held on November 4, 2003 in the City of Saint Paul. Adopted Yeas - 6 Nays - 0 City of St. Paul Real Estate Division Dept. of Technology & Management Serv. R73PORT OF COMPLSTION OF ASSESSMEN'P COUNCIL FILE NO. Fi1e No. SEE BELOW p3- 999 Assessment No. SEE BELOW Voting Ward In the matter of the assessment of benefits, cost and expenses for J0306A1 J0302V2 (9958) (9965) Summary abatements (property clean-up) during the month of July, 2003 at 1577 Ivy Ave. E. Towing abandoned vehicles from private property during November and December, 2002 for properties at 853 Marion St_ and 956 Minnehaha Ave. E. LAID OVER BY COUNCIL ON 10-22-03 TO 11-05-03 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 costs $1,138.00 Charge-COde Enforcement $100_00 Abatement Service Charge $60.00 TOTAL EXPENDITURES Charge To Net Assessment $1,298.00 $1,298.00 Said Valuation and Assessment Engineer further reports that he has assessed and levied the total amount as above ascertained, to-wit: the sum of $1,298.00 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. � Dated �0 Z Q �r' "� �'if Valuation d Assessment Engineer � Green $heet Green Sheet �� DeparhmenUoffice/counciL• Date Init TE 'T�clmology az�d Management Serv 27-OCT-+ CoMact Person 8 Phone: Bruce Engeibrekt 266-8854 Must Be on Council Agenda by (Date): y Assign Number For Routing Order 0 3 - 999 Green Sheet Green Sheet Green Sheet Gre n Sheet l �� `� � Green Sheet NO: 3007160 1 ouucil I lYtarv Erickson Total # of Signature Pages _(Clip AII Locations for Signature) � Action Requested• These items were laid over on 10-22-03 to 11-OS-03 public hearing, Sumni abate during July, 2003 at 1577 Ivy Ave. E. and Towing of aband vehicles during Nov & Dec, 2002 for properties at 853 Marion St. & 956 Minnehaha Ave. E. Files J0306A1 and J0302V2. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Questions: 1. Has this person/firtn ever worked under a contract for this departmenY? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this personffirm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Property owners or renters create a health hazazd at various times throughout the City of Saint Paul when their property is not kept up. The City is required by City code to clean up the property and chazge the property owner for the cost of the clean up. AdvantapeslfApproved: Cost recovery programs to recover expenses for summary abatements, grass cutting, towing of abandoned vehicles, demolitions, garbage hauling and boardings-up. 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Summary Abatement: J0303C Demolition of vacant buildings during May through July 2003; d03TRASH2Q Pruviding weekly garbage hauting service for the second quarter of 2003; J0304B Boarding-up of vacant buildings during Aprii through June 2003; J0302V Towing of abandoned vehicles from private property during November and December 2002. Summary Abatement: J0305A Property clean-up during May and June 2003; J0306A Property clean-up during July 2003. 471 Marvland Avenue West (J0305A) (The appeliant appeazed, but the file was not available for this property.) Marcia Moermond recommends approval of the assessment. (Note: On October 14, Ms. Moermond recommended laying this matter over to the October 16 legislative heazing. On October 16, Ms. Moermond recommended approval.) 831 Thomas Avenue (J0302V) (The appellant appeazed, but the file was not available for this property.) Marcia Moermond recommends approval of the assessment. (Note: On October 14, Ms. Moermond recommended laying this matter over to the October 16 legislative hearing. On October 16, Ms. Moermond recommended approval.) 805 Agate Street (70305A) (No one appeared.) �� MINLJTES OF THE LEGISLATIVE HEARIIVG FOR OCTOSER 14, 2003 Page 2 Mazcia Moermond recommends approval of the assessment. 449 Blair Avenue (J0305A) (No one appeared.) Mazcia Moermond recommends approval of the assessment. 120 Cotta¢e Avenue West (J0305A) Roger Kramer, owner, 34 Wheelock Parkway East, appeared and stated he received a 5uminary Abatement Order to clean up the properiy at 120 West Cottage. He told Ed Smith (Code Enforcement) that the branches on the property were not just wood, but apple wood. Mr. Smith told him to put it on blocks off the ground. Mr. Kramer put them on two trailers. Mr. Smith never called to say it was not good enough. He called to say that the granite rocks in back of one of the buildings were not supposed to be there. Mr. Kramer picked them up and put them on the shed. Mr. Smith then said he was going to write it up. Mr. Kramer took the granite rocks to Vasko. He then called and asked far Mr. Smith's boss. Mr. Kramer left two messages, and they never got back to him. He then called for Mr. Smith's boss's boss, who is Andy Dawkins. Mr. Dawkins came to the property and said Mr. Smith should not have been there as this is commercial property. Mr. Kramer showed where the wood was stacked. When the City took it, they ruined the racks that go on the pickup hucks, which are at least $600 apiece. Mr. Kramer said he works at Vasko and can take this to work for free. Also, there was a branch that was broken off of City properry that he pointed out to Mr. Dawkins. Mr. Kramer has a picture that shows them taking a bunch of branches three properties away and charging him. Furthermore, Mr Kramer called Code Enforcement and asked if they had different inspectors for residential and commercial. He was told definitely. Ms. Moermond stated she willlook at the videotape of the cleanup. The inspection supervisor can check the files for phone calls. The City inspection process is that Code Enforcement staff is responsible for all residential properiy in the City that is one or two units, but they are also responsible for the exterior of all properties. Mr. Dawkins may have spoken in error. John Betz reported that the inspector inspected the properiy on Apri17, 2003. There were 20 plus tires, shingles, metal, brush, scrap wood, logs, tarps, auto parts, bottles, abandoned vehicles, etc. He issued orders to the property owner to remove the items by April 15. He went back on April 15, and there were still piles of brush, tires, broken head stones, auto parts He talked to the property owner and gave him a one week extension. There was no change on Apri123. The inspector called the property owner and left a message that he was sending a work order to the Parks Depariment to remove the remaining items. The property was cleaned on May 30. Mr. Kramer responded that the tires and things were in that brush pile that was three properties away from his property. (A videotape was shown.) o�-�� MINi7T'ES OF TI� LEGISLATIVE HEARING FOR OCTOBER 14, 2003 Page 3 Mr. Kramer showed where some of the items aze not on his properiy. Mr. Dawkins said that when he got the bill to bring it to him and he would do something with it. Mr. Betz stated the inspector called the Pazks Department. The brush pile was on City property. He assumes that they did not put the brush on the bill. Ms. Moermond responded the brush pile and debris show up on the listing of items that were abated. Mr. Betz responded he is not sure if there was only one pile of brush on the properry. Ms. Moermond recommends reducing the assessment from $1,078.50 to $539.25 plus the $45 service fees for a total assessment of $584.25 because it was not cleaz from the videotape that all the removed materials were from Mr. Kramer's properry. She is going to assume that the brush pile was billed to him. In terms of the applewood, he can go to the Risk Management office and file a claim with the City on the value of the wood. He may also want to make a claim on the amount of the assessment. 408 Banfil Street (J0302V) (Christopher Kearney appeazed.) Marcia Moermond recommends laying over to the October 30 Legislative Hearing as the file as not available on this property. 1076 Fourth Street East (J0302V) (No one appeared.) Marcia Moermond recommends approval of the assessment. 801 Front Avenue (J0306A) Gary Berres, owner, address of 1900 Margazet Street, appeared and stated he got a letter in June ar July to remove a partial desk, a small metal cabinet, and insulation. He took the first two items to Vasko and he removed the insulation. He thought everything was done. Then, he got an assessment saying they removed additional items. The renters said they would pay far the cost of removing it. The City removed additional items—metal and plywood—that were not on the original list. He removed what they told him to remove. John Betz reported the order was issued on July 15, 2003, to remove discarded fiirniture, scrap wood, scrap metal, building materials with a compliance date of July 24. The'inspector went there on July 28, and there was no change. He sent a work order to the Parks Department, who cleaned the property on July 29. The inspector tried to call the properiy owner. (A videotape was shown.) ��-`� NIIN[JT'ES OF THE LEGISLAT'IVE HEARING FOR OCTOBER 14, 2003 Page 4 Mr. Betz stated he showed the videotape to the inspector. The majority of the items were removed by the compliance date. Ms. Moermond stated the chazge would have been higher if there had not been previous cleanup. Mr. Berres asked what was on the original statement. Mr. Betz responded improperly stored or accumulated refuse including gazbage, rubbish, discarded furniture, appliances, vehicles parts, scrap wood, and metal. This is a big sentence that is all inclusive. The purpose of that is so that they do not have to indicate every piece of stuff there. The inspector circled discazded fiuziiture, scrap wood, metal, and building materials. Ms. Moermond asked the minunum hourly charge. Mr. Betz responded $225. Mr. Betz asked did he remove the items by the date of compliance. Mr. Berres responded sure he did. Mr. Betz stated the inspector was there four days after compliance. Mr. Berres responded that one of his renters asked the workers what they were doing, and they said they were following orders. They got a compliance deadline to complete the work. He's gone through this before and the inspectar always sends him a sepazate letter. Mr. Betz responded his office does not do that. Ms. Moermond recommends approval of the assessment. 954 Fuller Avenue (J0305A) Betty Feahn, owner, appeared and stated she had bushes in her backyazd that were cut down and trash that the City picked up off the ground. She cut the bushes down. They were doing work at 961 Central and she asked the guy there if she could put branches in the wood cutter. BFI lost her check. She called Waste Management, and they told her to put bags out there and they would pick it up. Perhaps that is when the City came out. She has been keeping the yard clean. Marcia Moermond asked did she get service from BFI ar did they cancel. Ms. Feahn responded she could not get service from BFI at the time so she got service from Waste Management. She has been taking caze of her yard because she had a previous citation about that. (A videotape was shown.) Ms. Moermond asked did she call Code Enforcement. Ms. Feahn responded she talked to Matt. Ms. Moermond stated there is a history of code violations. This cleanup was not terrible, but there was a code violation. It appeazs the bags were there for three weeks. The orders were issued on May 8 and the cleanup was May 30. Another woman appeared and asked if Ms. Faehn got proper notification. Ms. Moermond responded it appears that is the case and three weeks had elapsed since the notification. o� �� MII�I [.JTES OF THE LEGISLATIVE HEARING FOR OCTOBER 14, 2003 Page 5 The other woman said this is probably not the same trash. Ms. Moermond recommends approval of the assessment. 522 Galtier Street (J0305A) (No one appeazed) Mazcia Moermond recommends approval of the assessment. 679 Geranium Avenue East (J0305A) Marcia Moermond stated there was a siunmary abatement on the properiy for a trailer full of refuse and debris on the ground. John Gunvalson, owner, appeared and stated the trailer and refuse were removed. He took a job in Faribault and had some problems getting his mail. There was a residential academy, there was a p.o. box, and the company he worked for only got the mail once a week. Once he found out about the abatement, he called and talked to Tom, atthough he is unsure of the name. Mr. Gunvalson took out the trailer. He didn't bring verification of his dumping charges, but he knows he dumped it within the time frame given to him. Ms. Moermond stated the orders were mailed May 15. The inspector wanted it done by May 21 and did a recheck on May 22. (A videotape was shown.) Ms. Moermond stated she did not see a trailer. Mr. Gunvalson stated he would like to see the videotape again. There is a shared space between the 1wo gazages. Sometimes tenants put things there, and sometimes people throw st�aff in there. (The videotape was shown again.) Mr. Gunvalson stated that area is a shared property. He cleaned it all up. He could put up a fence so that nothing gets stashed there. Mr. Gunvalson asked does the City haue any suggestions for preventing random dumping. Ms. Moermond responded dumping is a problem. Mr. Gunvalson stated in order to save money from paying the City, he can go randomly dump it on somebody else's yard. He is being fined for random dumping. Ms. Moermond asked is she looking at random dumping on the videotape and she asked if the paint cans are not associated with his house or the neighbor's house. Mr. Gunvalson stated neither have any projects to do with paint. Mr. Betz responded that if there is no violarion there, the inspector goes away. If the owner gets a notice and there is a deadline, the inspector goes away if the probiem is taken care �� MINUTES OF THE LEGISLATIVE HEAILiNG FOR OCTOBER 14, 2003 Page 6 o£ If Pazks Department gets there and there is no problem, they go away. At any one of those three points, there would not have been a problem if Mr. Gunvalson got there in the begisuung. Ms. Moermond recommends reducing the assessment from $298.00 to $126.50 plus the $45 service fees for a total assessment of $171.50 as this is cleazly a shazed responsibility with the neighbor. 1150 Hague Avenue (J0306A) Marcia Moermond stated this is for refuse and scrap lumber in the rear yard. Todd Grevious, owner, 525 Fifth Street East, Faribault, appeared and stated he has no record of mail that was delivered to him. This is the fust time he had heard of this assessment. John Betz reported the orders were issued to Todd and Lacie Grevious at 1150 Hague. Ramsey County Taxation had this mailing address. Mr. Grevious responded his brother-in-law lives there, but Mr. Grevious lives in Faribault. He asked his brother-in-law did the City take anything, and he did not recall anybody being there. Mr. Grevious has a bill for $337. This notice was sent to his Faribault address. Ms. Moermond asked has the address changed at Ramsey County. Mr. Betz responded the mail came back `Yeturned to sender-attempted not known." Ms. Moermond recommends deleting the assessment as the owner did not receive adequate notice. 984 Ielehart Avenue (J0306A) Lavera Daisy, owner, 265 Chatsworth Street, representing her mother Gertrude S. Greene, appeazed and stated she pays her mother's property taxes. She has corrected the notice information when she paid the properiy taxes. She has a$324 fine for removing bnxsh. Marcia Moermond asked is she administering her properiy. Ms. Daisy responded she is the POA far her mother, she lives next door, and is 1/3 owner of her property. Both names aze on that paper. In June, stated Ms. Moermond, there were bags of loose waste and compost in the backyard. The City let one of them lmow there was a problem on June 25. Ms. Daisy responded she had the property cleaned up within ten days. She had to find someone with a cart to help her remove the brush. (The videotape was shown twice.) Ms. Daisy is requesting that the $323 go away. She was notified in June. She removed the bags of waste. Ms. Moermond responded that it looked like the City workers removed it. O� �� MINLJTES OF TI� LEGISLATIVE HEARING FOR OCTOBER 14, 2003 Page 7 Ms. Daisy stated her husband said he removed them. She was told incorrectly then. Ms. Moermond asked is Ms. Greene disabled. Ms. Daisy responded yes, she is in a nursing home. Ms. Moermond stated she could recommend dividing the assessment over five yeazs. Or, there could be a deferment of the assessment until the properry is sold or transferred. The assessment would be due when the home is sold. Ms. Daisy responded she would prefer to pay it. Ms. Moermond recommends approval of the assessment as it appeazs the City crew did the cleanup. 1856 Iowa Avenue East (J0305A) (No one appeared.) Mazcia Moermond recommends approval of the assessment. y� 1577 Ivy Avenue East (J0306A) %�` Mazcia Moermond stated this is a cleanup for carpet, refuse, debris, box spring, exercise equipment, and clutter in June. Kathy Brisco, owner, appeared and stated the only thing on the notice was to remove the car and the grass where the car had been sitting. She did that. She cleaned the backyard. The City removed nothing. The box spring was picked up. Someone had thrown it in front of the house. There was no mention of anything else but the car and the grass around the garage. There was an exercise thing in the yard, but it is used out there. The car was removed within two to three days. She cut the grass the same day they removed it. John Betz stated a notice was sent on June 5. The box is checked off for accumulated refuse, scrap wood, eta The notice also says to remove discarded shower stall, yard waste bags, box spring, ta11 grass and weeds and plastic. Ms. Moermond asked was there a vel�icle abatement notice. Mr. Betz responded the vehicles were taken care of by the compiiance date of June 12. (A videotape was shown.) Ms. Moermond asked was the exercise equipment removed. Ms. Brisco responded that was still there. They had no business removing that. It was her furniture. They mentioned the grass in the back and the caz. The items under the house were her personal properry and not trash. O� �1�� MII�I [.JTES OF THE LEGISLA"I"IVE HEARING FOR OCTOBER 14, 2003 Page 8 Ms. Moermond asked what the notice read for cleaning it up. Mr. Betz responded they removed unproperly stored accumulated refuse. (Mr. Betz read the list.) Also, plastic tarp and exercise equipment was on the list. Ms. Brisco responded they did not go to the back of the house. Ms. Moermond stated there were two notices: one had to do with the vehicle and one had to do with the yard. She asked was there returned mail. Mr. Betz responded no. It would Y�ave been in the same envelope. Ms. Moermond stated cutting the grass is on one abatement and the vehicle is on another. The yard azea is vague, but it is outside. Ms. Brisco needs to go to Risk Management if she feels things of value were taken from her property. Ms. Brisco responded in the winter she has that area enclosed. In the smnmer, it is not enclosed and it is under the porch and not in her yazd. Ms. Moermond asked would she like the assessment spread over five yeazs. Ms. Brisco responded no because she is going to the City Council meeting. That area is under her porch, it is not yard area. Yard area is everywhere else. Also, they did not take the-shower stall. Ms. Moermond responded there must have been something that the inspector thought looked like a shower stall. It is not listed as the things that were cleaned up. Ms. Moermond recommends approving the assessment. A lot of items were cleaned up. (Note: this videotape was retained.) 1009 Lafond Avenue (J0306A) Lee Vang, owner, appeared and stated the City cieaned up the trash from the back yard. About three months ago he had a dying tree. He cut it out. He was busy and did not have time to clean it up. This is $353. Marcia Moermond asked did he get notice. Mr. Vang responded he did not get a notice to remind him to clean up the trash. Also, he has so many kids that he does not have money for this. (A videotape was shown.) Ms. Moermond asked where the notice was mailed. Mr. Betz responded the notice was mailed to 1009 Lafond. A notice was sent to the owner and one was sent to the occupant. Mr. Vang responded he lives there. Ms. Moermond asked was it returned. Mr. Betz responded no. Mr. Vang stated he did not get the letter at all. Mr. Betz stated this is the fourth time they have sent a letter on different occasions to clean stuff up, and they have never received any mail back. Mr. Vang responded that his kids may be throwing away the mail or something. He does not speak good English and asked does he have to pay this bill. o� ��1� IvIINUTES OF THE LEGISLATIVE HEAIZING FOR OCTOBER 14, 2003 Page 9 Ms. Moermond recommends spreading the payment of the assessment over a five yeaz period. Also, she suggested that the owner figure out how to handle the mail in his household. 1051 Mazearet Street (J03TRASH2Q) Mazcia Ogharibhor, owner, appeazed and stated she closed on the house Mazch 22. She started trash service. They are saying they picked up trash on certain dates in May. Mazcia Moermond asked did she have anything showing the house was sold on March 22. Ms. Ogharibhor responded she does not have that. She occupied the house in April. She had trash service. She does not have any paper saying she closed on the house. Supposedly, trash was picked up April 1, 11, 15, 23, etc. until May 21. That is not hue. Ms. Moermond stated she needs to know when Ms. Oghazibhor became responsible for tlus property. Ms. Moermond would like to look at the purchase agreement, any closing documents, and anything showing that she became the responsible pariy on March 22. When she purchased this properiy, tt�ere was an outstanding order on this property that it needed to have weekly garbage service and the City had assumed responsibility far that. The City is doing weekly checks to pick up garbage. It sounds like she contacted the garbage hauler and set up service when she moved in. Ms. Ogharibhor stated the City did not pick up trash on these dates. Ms. Moermond responded the City is saying they went by. If there wasn't any garbage, then they did not pick it up. She gets charged whether there is ar not a pickup. Ms. Moermond would like to see documentation about when Ms. Ogharibhor took over the property, and then Ms. Moermond will reduce it 75%. Whoever soid the properry should have made Ms.Obharibhor aware that there is an order and there is gazbage service with the CiTy. It is their responsibility to disclose to the buyer that this is something on the property that she is becoming responsible for. Her gripe is with them for not disclosing it. Her title insurance should cover this also. Ms. Moermond's recommendation is forthcoming on this issue. She would like the owner to mail her information about when she purchased the property. Also, Ms. Ogharibhor's needs to talk to whoever represented her in the closing. 1621 Marshall Avenue (J0306A) (No one appeazed.) Marcia Moermond recommends approval of the assessment. 543 Marvland Avenue East (J0305A) (No one appeazed.) Marcia Moermond recommends approval of the assessment. o� �� MIN [ TTES OF THE LEGISLATIVE HEAI2ING FOR OCTOBER 14, 2003 Page 10 � 956 Miunehaha Avenue East (30302V) The following appeazed: Moira Gaidzanwa, owner, 451 Lynnhurst Avenue East; and Delores Izell, tenant. Ms. Gaidzanwa asked when the notice was sent. John Betz responded 451 Lynuhurst on November 22, 2002. Ms. Gaidzanwa stated this was not received. There was a property manager on file with the City that managed the property. The City was notified of this. This is rental properiy. The car had current tabs and there was no violation on it. Ms. Gaidzanwa asked is she entitled to park a car where she lives. Ms. Izeli stated that the reason the caz was there is because there was an electrical problem with the windows. The tabs were up-to-date. She did not know it would be considered an abandoned vehicle. She did not know there was a notice to remove it. She knew the date they towed it. She asked why it was being told, and the police told her it was abandoned. He said she should let him take it so she would not have to spend so much money to get it fixed. He said she would not get a ticket. So, she let him take it. She did not know it would reflect on Ms. Gaidzanwa. Ms. Moermond stated an abandoned vehicle is the responsible of the private properiy owner. Ms. Moermond's recommendation is forthcoming on this issue. She will look at the police report, see if there was a narrative written about what was discussed at the time of the towing. She may be able to talk to the police office to fmd out what he said. 1136 Minnehaha Avenue East (J0302V) Marcia Moermond stated this is an abandoned vehicle with expired tabs. A1 Severson, owner, 267 Fillmoze Avenue East, appeared and stated he does not remember getting any notices on that vehicle. He checked with the tenant and he was told there was nothing there. He does not recall a vehicle pazked there in November and December. The fee of $535 to tow a vehicle is expensive. Ms. Moermond responded that is also a mandatory two week storage which is required by state law. John Betz stated the notice was sent to Twin City Flame Spraying, Inc. at 267 Fillmore Avenue East. Ms. Moermond asked is that the right address. Mr. Severson responded yes. Mr. Severson asked what month this was and the plate number of the vehicle. Mr. Betz responded November 13, 2003 and CZS 640, blue Honda Accord. Ms. Moermond recommends approval of the assessment. He received notice on November 14 with a comply date ofNovember 25. The vehicle was towed on December 4. This cost is �� MINUTES OF THE LEGISLATIVE HEARING FOR OCTOBER 14, 2003 Page 11 avexage for the tow and storage. They can fmd out for Mr. Severson whose car it was. Mr. Severson responded both tenants deny any knowledge of the vehicle that was towed. 627 Palace Avenue (J0306A) Amo Karner, owner, appeazed and stated he has two issues: 1) they did not take care of everything on the Suuunary Abatement Order, 2) at a previous legislative hearing, the inspector said the boulevazd grass had been cut, but the City cut it again. Mr. Karner is requesting a reduction for cutting the boulevard grass, which was already cut. Ms. Moermond stated they reviewed in a Legislative Hearing the Summary Abatement Order, which he appealed, because Mr. Karner indicated it is difficult or impossible for him to be outside due to the emissions from Gopher State Ethanol. Mr. Karner responded Gopher State Ethanol has been a nuisance for odor and noise, and the City wants him to spend mare time out in the yazd. He is refusing to do the work. This is civil disobedience and a matter of free speech. The City cited him for an unkept lawn. Also, it says he has tree sapling and vines, but they cut down some of the tree saplings but not a11. The back part of his house is still overgrown. The boulevard grass was overgrown and they spent time cutting it again. The tree sapling on his garage were not taken caze of, but they spent time doing other things they did not need to do. The City should do wl�at they are supposed to do and do it all or don't complain to him about not doing his job. Ms. Moermond asked is his argument is with the quality of the work done by the wark crew. Mr. Karner responded it is not only that, but they are doing things they do not need to do. They are on the clock billing him for things that were already discussed in this room that did not need to be done. They are cutting grass from four inches tall to three inches tall and chazging him for this. Ms. Moermond stated the chazge is $225, which is the minimum hourly charge. He was charged for one hour and not more. She understands that not mowing the grass is an act of civil disobedience for him. He mentioned another concern that the quality of the work was not good enough and he may be cited again. She asked have there been other orders on the yazd. Mr. Betz responded no. Mr. Karner stated they are spending time doing things they didn't do because they had extra time to kill on the clock and they decided to be nice and cut the boulevazd. Ms. Moermond stated there aze people in the City who experience other kinds of challenges who make sure their yards are taken caze of by doing it themselves, having a family member do it, or hiring someone. Mr. Karner asked if the City is going to assume liability if someone cuts his grass and they have any kind of health effects. If the City is going to put it in writing that they are going to assume liability for those things, then Mr. Kamer can go out and think about hiring someone. The easiest thing for him to do to relieve himself of liability is to have the City o� �� MII�T( TTES OF THE LEGISLATIVE HEARING FOR OCTOBER 14, 2003 Page 12 maintain his yard for him. For $225, he should have gotten a decent job. They should not have spent time cutting the grass that did not need to be cut. The woLk was done in xnid-July, said Ms. Moermond. It was an exceptionally dry August in terms of mowing the lawn. Mr. Karner responded the tree saplings aze six to seven feet tall. Ms. Moermond responded that he should make sure they are taken care of. As for the question on liabiliTy, that is something she cannot answer. She does not have any authority over City liability. Ms. Moermond recommends approval of the assessment. 1081 Reanev Avenue (J0306A) (No one appeazed.} Marcia Moermond recommends approval of the assessment. 1122 Rose Avenue East (J0302V) (No one appeared.) Mazcia Moermond recommends approval of the assessment. 367 Snelling Avenue South {J0305A) (No one appeazed.) Marcia Moermond recommends approval of the assessment. 1692 Stillwater Avenue (J0302V) (No one appeazed.) Marcia Moermond recommends approval of the assessment. Vacant Lot on Stillwater Avenue. west of 2176 Stillwater (J0306A) Alan Gear, owner, 901 First Avenue East, Hastings, appeazed and stated he complied with all the laws. He has been a landlord for 20 yeazs. He has complied with all stumnary abatement notices. He purchased this properiy on January 1, 2003. He has a swYUnary abatement dated Mazch 20, 2003, for a different properry; therefore, the City does not have a problem getting stuff to him. The only letter he received is one that he is going to assess the property. He believes the properiy title was transferred, it is computer generated, and the order was mailed to the original owner of the lot. o� �� MII�IiITES OF THE LEGISLATIVE HEARING FOR OCTOBER 14, 2003 Page 13 John Betz reported the information he got from Ramsey County is an address for Richard Vale in Hugo, Minnesota. That is who it was sent to. The grass was about three feet high. Ms. Moermond recommends deleting the assessment as he did not receive proper notice because the County did not get the paperwork entered on the title transfez in a timely fashion. She suggested that the owner drive by and take care of the properiy. 833 Third Street East (J0305A) (No one appeazed.) Mazcia Moermond recommends approval of the assessment. (1Vote: there aze two assessments for 526 Thomas.) 526 Thomas Avenue (J0305A) (No one appeared.) Mazcia Moermond recommends reducing the assessment from $1,827.50 to $1,657.50 plus the $45 service fees for a total assessment of $1,702.50 at the request of John Betz who reported that there was an accounting error. 526 Thomas Avenue (J0305A) (No one appeared.) Mazcia Moerxnond recommends approval of the assessment. 473 Van Buren Avenue (J0305A) (No one appeared.) Marcia Moermond recommends approval of the assessment. 1025 Bradlev Street (J0305A) Song Vang, owner, appeared and stated she knows they cleaned her yard. She signed a contract with the trash people and waited for the dumpster to come. She received a notice, but she had already called. She went on vacation and when she came back, the yazd was clean. She had no idea who cleaned the yazd. Mazcia Moermond asked did she talk to her contractor about it. Ms. Vang responded she talked to him and told him to clean the yard because she had until Friday. He said she had to rent the dumpster. o� �� MINLJTES OF THE LEGISLATNE HEARING FOR OCTOBER 14, 2003 Page 14 Ms. Moermond stated the contractor should pay this because they made a commitment to her to clean it up. She cannot make the other citizens of the City pay for this. (A videotape was shown.) Ms. Vang showed a conlract to Ms. Moermond. Ms. Moermond recommends approval of the assessment. 990 Burr Slreet (J0305A) (No one appeared.) Mazcia Moermond recommends approval of the assessment. 486 Carroll Avenue (J0303C) (No one appeared.) Marcia Moermond recommends approval of the assessment. 53 Da1e Street North (J0305A) Jeanette Kaminan, owner, 57 Dale Street North, appeared and spoke about several issues. She has a library at 53 Dale. She wanted a place for books. Someone is trying to put her out of there. Also, she wonders why she can't have books there. Ms. Moermond stated the City cut the ta11 grass and weeds. Ms. Kaminan responded it makes it grow faster. She will pay the assessment. She doesn't know how much they will charge her for all the sewer stuff. She also has the a11ey to pay. Ms. Moermond stated this bill is for mowing the grass. Ms. Kamman responded she pulled up the grass last weekend because the rain came down so hard. Ms. Moermond asked is she disabled. Ms. Kaxuman responded she is not disabled. She retired early. She is going to a chiropractor right now. Ms. Moermond asked is she low income. Ms. Kaminan responded she is 77 and on a pension. She is wondering what to do with the books. She should finish transferring the title to the Saint Paui CathedraL That would make them responsible for t2king care of the property. Ms. Moermond recommends that the payment of the assessment is spread over a five-year period. o� ��, MINL7TES OF `I`HE LEGISLA"I`IVE HEARING FOR OCTOBER 14, 2003 Page 15 1561 Jackson Street (J0305A) Jaime Gamboa, owner, 183 Cimarron Street, appeazed and stated this is the first notice he got. Steve Magner asked when he acquired the property. About a yeaz ago, responded Mr. Gamboa. Mr. Magner stated Ramsey County records still has Edelmira Trevino and Ricardo Gazcia as the owners of the property, address of 819 Johnson Pazkway. Mr. Gamboa responded that he started the paperwork, but it was sent back because they owe taxes. Mr. Magner stated that the county will not change the name of the properry until back taxes are paid. Mr. Gamboa responded that he just got done paying the t�es. He thought that is what this was about. Mr. Magner responded these are notices that were sent to ciean up the property. The properiy is still considered a registered vacant building. It has never been certified as a dwelling, and it cannot be used as a dwelling. It is basically a vacant lot with a gazage on it. There were tall grass and weeds, garbage, refuse, and debris dumped on it. Also, there has been an issue with zoning as there was illegal fill put on the properry. That has not been addressed. If he gives Mr. Magner the appropriate mailing address. Mr. Magner will send the appropriate notices to him. Ms. Moermond stated that he is not the real owner until the County accepts that he is the real owner, and the County will not accept it until the back tax situation is taken care of. Mr. Magner stated the work was done on May 5 and June 4. If this matter was not resolved, then he should take this issue back to them. On June 4, they cut tall grass. Mr. Magner met the crew out there because it was a big job and they needed instruction on the site. Ms. Moermond stated the City cannot give notice to him if the City does not know his name and address. The City sends notices to the legal property owner according to the tax office. It is legally what they are required to do. He is stuck with the bill as the new owner. Mr. Gamboa asked is the bill about $90. Ms. Moermond responded there are two abatements for a total cost of $726. On June 4, 2003, the City cut ta11 grass and weeds, removed debris, trash, bags of refuse. On Apri124, 2003, the City removed bucket of trash and refuse. Also, Parks cleaned up the property on October 3 and July 25 of 2002, which shows there is a pattern of not taking caze of the property. Mr. Magner asked did he have a title company do this. Mr. Gamboa responded he had a lawyer do this. Mr. Magner responded that Mr. Gamboa should contact his lawyer, bring his receipts showing what he paid, and maybe he had already paid this money at closing for these pending assessments. Ms. Moermond recommends approval of the assessment. �� MINIJTES O� THE LEGISLATIVE HEARING FOR OCTOBBR 14, 2003 Page 16 182 Front Avenue (J03TRASH2Q) Brenda Iverson, owner, 461 Liberty Circle, Somerset, Wisconsin, appeazed and stated she became the owner on 7uly 9, 2003. Mazcia Moermond asked does she have documentation showing when she became owner. Ms. Iverson responded yes. Ms. Moermond asked is anyone living there. Ms. Iverson responded there were tenants there since she purchased the building. They had moved out prior to July 1. The previous owner had his own tenants paying the gazbage there. Ms. Iverson contacted the title company. There was money held in escrow. The title company received a check from the old owner to pay the $995. Ms. Iverson's question is regarding Apri121 to June 24. Waste Management was set up July 6. Ms. Moermond responded that the City cannot stop going until there is proof that there is garbage service. Ms. Iverson stated she spoke to Lisa Martin (Code Enforcement) to send paperwark to stop the garbage service effective August 28. Ms. Moermond responded that is the date she has also. There are six weeks in there that Ms. Iverson will end up paying for. Ms. Moermond recommends approval of the assessment. The owner needs to go through the title company. For the next time period of July and August, Ms. Iverson will get another letter regazding an assessment; it should oniy be for two months, and it should be a lot less. � 853 Marion Street (J0302V) Harold Wahlert, owner, appeared and talked to the inspector Mike who gave him ten days. He got the title for a car, he transferred it, and then he was told he could not transfer it because it was an invalid title because she never had legal ownership to sell it. He saw a judge who told him to go to the DOT (Department of Transportation) and get the person's address of where it was registered before, but the DOT told him they could not give him information without a judge's letter. The ten days were almost up. He called Mike back and left a message with home and work numbers. No one got back to him. Next thing, the car was towed. Mr. Wahlert called the office again and was told he was no longer there and someone else is in charge of it. Ms. Moermond asked what the records show. Mr. Magner responded on December 23, 2002, they found a garbage, vehicles with expired tabs, mattress, and box spring. A vehicle abatement was issued to the following: Thomas J. Delisle at a P.O. box; the appellant; and a Susan Farrar for two cars lacking tabs. The compliance was December 30, 2002. The inspector went back, the vehicles, trash, and mattress were still ui the yard. There is no indication of a phone call. If the inspector was not there, it would be prudent to talk to the supervasor. 0�� MIlVUT`ES OF THE LEGISLATNE HEARING FOR OCTOBER 14, 2003 Page 17 Mr. Wahiert stated he got the debris cleaned up. He talked to them about the extension. He did get that taken caze of. It was just the one caz. Mr. Magner responded the work crew went there on January 3, 2003, and they did the inspection on the work order. The yazd was clean. Mr. Wahlert stated he had money invested in the caz, and he has five kids. In answer to a question, Mr. Wahlert stated that he did not get the vehicle out of the Impound Lot because he could not get the vehicle without title. The original owner of the vehicle lived in Duluth. Ms. Moermond asked was the vehicle operable. Mr. Wahlert responded yes, it had tires, he could drive it. Ms. Moermond recommends reducing the assessment from $520 to $235.00 plus the $45 service fees for a total assessment of $280.00. Mr. Wahlert tried to cleaz up the title; however, he does have some responsibility. The deal to buy the caz could have been handled better. 1078 Seminary Avenue (J0306A) John Holleran, appeazed and stated the owner of the property is Violet Metz, his mother-in-law. She went into assistance care in April. When the mail comes, Mr. Holleran's wife takes it to Ms. Metz, and someone opens it for her. By the time this notice was opened, the items were gone. The next door neighbor re-reroofed the house. There were things there that belonged to him. That was all gone. Two years ago, he got a notice from his house about Ms. Metz's house. NIr. Holleran went over there and told Luke who was living there. Luke said he did not get the notice. He and Luke got the wood off the ground and put it on blocks. His neighbor did not get a notice about the items between the two garages and Mr. Holleran wonders why. Ms. Metz is 93 and legally blind. He would like to see the videotape because he does not know what they took. (A videotape was shown. Note: on the tape, the worker says that he talked to the neighbor who said it was not his items.) Ms. Moermond recommends reducing the assessment from $351 to $140.50 plus the $45 service fees for a total assessment of $185.50 because the items were on the boundary of the two properties; therefore, the assessment is a shared responsibility. 842 Jenks Avenue (J0306A) Marcia Moermond recommends deleting the assessment per Steve Magner who said the following: the owner called the same day that the work arder was sent. The owner was told that he or she would get an extension, but they were unable to contact the Parks Department soon enough, and the work was done. 1845 Old Hudson Road (J0304B) (No one appeazed.) �� \�� MINT.ITES OF THE LEGISLATIVE HEARING FOR OCTOBER 14, 2003 Page 18 Mazcia Moermond recommends approval of the assessment. 593 Rose Avenue East (J0304B) (No one appeazed.) Mazcia Moermond recommends approval of the assessment. 1168 Selby Avenue (J0304B) (No one appeared.) Marcia Moermond recommends approval of the assessment. 686 Sims Avenue (J0306A (No one appeazed.) Marcia Moermond recommends approval of the assessment. 715 Thomas Avenue (J0306A) (No one appeazed.) Marcia Moermond recommends approval of the assessment. 740 Western Avenue North (J0305A) (No one appeazed.) Mazcia Moermond recommends approval of the assessment. 838 Clear Avenue (J0306A) (No one appeared.) Marcia Moermond recommends approval of the assessment. (Note: On October 14, Ms. Moermond recommended laying this matter over to the October 16 legislafive hearing. On October 16, Ms. Moermond recommended approval. 838 Clear Avenue (J0302V) (No one appeazed.) �---�-�� MINU"I'ES OF THE LEGISLATIVE HEARING FOR OCTOBER 14, 2003 Page 19 Mazcia Moermond recommends approval of the assessment. (Note: On October 14, Ms. Moermond recommended laying this matter over to the October 16 legislative hearing. On October 16, Ms. Moermond recommended approval. The hearing was adjoumed at 12:47 p.m. rrn