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04-976City of St. Paul COUNC FILE NO. d - '� RESOLUTIOLS RATIFYIZTG ASSESSMLNT By ' j � / File No. SEE BELOW � /%��7�1�� ��-�-��f Assessment No. SEE BEI,OW Voting ����� Ward In the matter of the assessment of benefits, cost and expenses for J0405A1 {g033) Summary abatement (propezty clean-up) during June 2004 for properties at 1175 Ross and 955 Geranium Avenues. J0403E1 (8034) Summary abatement for the excessive consumption of inspection services for property code violations for May, June, and part of April 2004. LAID OVER BY COUNCIL ON 9-22-04 to 10-6-04 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. RESOLVED FURTHER, That the said assessment be and it is hereby determined to be payable in One equal installments. Yeas Nays Absent Benanav �/ Bostrom � Harris �/ Helgen ✓ Lantry �/ Montgomery ,/ Thune ,/ � D � Adopted by Council: Date VG��r�� �O� Adoption Ce tifi d by Council Secretary By: Approved bX5 M yor: Dace �" � October 6, 2004 City Council Action Minutes Page 11 61. Resolution Ratifying Assessment - 04-975 - In the matter of the assessment of benefits, costs and expenses for excessive consumption of inspection services for May, 3une and part of Apri12004 (J0403E), and properry clean-up in 3une 2004 (J0405A) (Legislative Hearing Officer recommends the following: 6Q0 Arlington Avenue East (J0403E) - delete the assessment; 381 Case Avenue (J0403E) - approval; 820 Fifth Street East (J0403E) - delete the assessment; 225 Baker Street East (J0403E) - delete the assessment; 1151 Beech Street (J0403E) - delete the assessment; 955 Geranium Avenue East (J0405A) - approval; 1175 Ross Avenue (J0405A) - reducing the assessment from a total of $333 to a total of $166.50) Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0 City of St. Paul Real Estate Division Dept. of Technology � Management Serv REPORT OF COI�LETION OF ASSESSMENT COUNCIL FILE NO. File No. SEE BELOW Assessment No. SEE BELOW d� 97� Voting Ward In the matter of the assessment o£ benefits, cost and expenses for J0405A1 J0403E1 (8033) (8034) Summary abatement iproperty clean-up) during June 2004 for properties at 1175 Ross and 955 Geranium Avenues. Summary abatement for the excessive consumption of inspection services for property code violations for May, June, and part of April 2004. LAID OVER SY COUNCIL ON 9-22-04 to 10-6-04 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 Charge-Code Enforcement Real Estate Service Charge TOTAL EXPENDITURES Charge To Net Assessment $738.00 $100.00 $140.00 [.• : �1 $978.00 Said Valuation and Assessment Enqineer further reports that he has assessed and levied the total amount as above ascertained, to-wit: the sum of 5978.00 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 hereo£, 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. �ated /1�r'��0 Y"g-d Valuation a�Assessment Engineer - �i u�bli�, �IE����NC� ID_�,_0� �,'� !D-l-�� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Os� 91.G ; DepartmenUoffice/couneil: : Date Initiated: , Pw -�b,;�War,� o,-0�T� � Green Sheet NO: 3023030 � Contact Person & Phone: ' Bruce Engelbrekt 266-86% Must Se on Council Agenda by (Dafe): � ��9� Number For Routing Order 0 1 2 Total # of Signature Pages _(Clip All Locations for Signature) - ; Action Requested: ' At Council's request on 9-22-04 these items were laid over to 10-6-04, Summ abate during Sune 2004 for properties at 1175 Ross and 955 Geranium Avenues. and Sunun abate for excessive consumption of inspect services for May, June, and part of April 2004. File No.'s J0405A1 & J0403E1. , Recommentlations: Approve (A) or Reject (R): �; Personal Service Contracts Must Answer the Following Questions: , Planning Commission i� 1. Has this person/firm ever worked under a contract for this department? ' CIB Committee �. Yes No Civil Service Commission � 2. Has this person/firm ever besn a city emptoyee? Yes No '�� 3. Does this person/firm possess a skdl 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): Ptoperty owners or remecs create a health hazard 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 pmperry and chaxge the property owner for the cost of [he clean up. ' Advantapes if Approved: ! Cost recovery pTOgrams to recover expenses for si.uimiary abatements, grass cutting, towing of abandoned vehicles, demolitions, I garbage hauling and boardings-up. ��� Disadvantapes It Approved: None DisadvanWqes If Not Approved: � If Council does not approve these chazges, general fund would be required to pay the assessment. �'e�.,�"r..i1 ,r�.fi.R'��� f`.?�'-�P ToWI Amount of 9 � $ 7ransaction: Fundinp Source: CosURevenue Budgeted: Activity Num6er: '. . � ':�� ': :; �. J ; Financiallniormation: (F�cptain) 7 Property owneis will be notified of the public heazin� and chazges. •i w � , a • ` � � b a � a � G� Q � �L l�l c� O m E � � Q a 0 m m O � N ti � M � IA 1 � N � N Q � �-1 i O H i O i O .'N � �-1 � M F+ � (V � C P�. W � N � N W � N � N a i � � � � � C+ � N � N i � m � � f N � N � VI � O O O ll O� O O O 11 O � F� o 0 o u o� o 0 o n o Z � u � u ]� o 0 o u o� ro o o n r� � � N tn N II N� tD tfl N 11 CI �; rl tAUl II N� ry i?i? 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Hazold Robinson reported that after he issued an excessive consumption bi11, the owner called him to explain that the tabs were purchased and the vehicle was on Class 5 material. He asked the clerical sYaff to cancel the bill, but it had already gone through. He is requesting it be deleted. Ms. Moermond recommends deleting the assessment. 381 Case Avenue (note: this is the same owner as 1040 Jessie); (No one appeazed.) Ms. Moermonds recommends approval of the assessment. 820 Fifth Street East (J0403E) Maria Henderson, owner, appeared and stated she had been here before. She does not understand this. She is the tenant renting to buy on a contract for deed. She did not know anything about these bills. Harold Robinson reported a Conection Order was mailed on February 25 following a Summary Abatement on February 16 mailed to the owner at 820 Fifth Street East. No mail was returned. When the Summary Abatement was issued, an excessive consumption bill was also issued because there was no compliance on the second inspection. The vehicle was gone on the reinspection on May 3, 20Q4. No action was taken, no impound, and no work order sent The vehicle abatement was sent to EKS Marketing at 820 Firth Street East. There is no other listed address to them. Ms. Moermond requested that this person's name is added to the record. 5he asked was anything received that was addressed to EKS Mazketing. Ms. Henderson responded no. Steve Magner added that the owner should register with Ramsey County Records. Ok `=( � LEGISLATIVE HEARING MI1�Ti3TES OF SEPTEMBER 28, 2004 Page 2 Ms. Moermond asked did she pay the property taYes. Ms. Henderson responded she moved there in November of last year. She did not receive anything she has to pay. Ms. Moersnond recommends deleting the assessment because the o�,ver did not receive notice. The owner should go over to Ramsey County Properiy T� Office in 50 Kellogg Boulevard West to homestead the properiy. 225 Baker Street East (J0403E) Hazold Robinson reported that September 24, 2003, orders were mailed to the owner for windows to comply by October 1, 2003. There were rechecks on October 6, 2003, November 17, December 16, February 4, 2004, April 15, and May 17. Two Excessive consumption bills were issued for $50 and $75. Ms. Moermond explained that a year ago, the City w�rote orders on the windows and screens. Eights months later, they had not been repaired yet. Cher Lor Xiong, owner, 727 Edmund Avenue appeated and said he got a letter in December. He went through a divorce last year and this year. In December 2Q03, he called once and did not get a return cali. He called again on January 26, 2004 to ask for additional time so he could fix it when he knows for sure the house is his. He did not get a response. He got a citation and the court gave him until May i and July 1 for the painting and the windows. Between that time, the inspector came in on April 15 to inspect the property again and came back on May 17. That was betu•een the times the court gave him. Hazold Robinson reported he has no record of what the court did with the citation. Ms. Moermond asked did he have anything from the court. The owner responded yes. (Mr. Xiong supplied some paperwork.) Ms. Moermond will recommend deleting the assessments. The inspections occurring on October 6 through November 17, and December 16 occutred before the change of the excessive consumption ordinance. The inspections that occurred February 4 would be considered the ones after the excessive consumption ordinances. The April I S and May 17 would have been in the interim when he was being allowed to complete the work by the court system. ll51 Beech Street (J0403E) Xaichou Blia Xiong, owner, 727 Edmund Avenue, appeazed and stated he just bought a townhouse on Februaz�y 26. Ms. Moermond asked how long the County is taking to process property transactions. Mr. Robinson responded he had a commercial transfer in the last four months that Fvas done almost immediately; some residential transactions are taking about three months. It varies. �� `�� LEGISLATIVE HEARING NfINiJTES OF SEPTEMBER 28, 2004 Page 3 Ms. Moermond asked where the January 21 notice was sent. Mr. Robinson responded Herman Capital Cotporation, 7415 Wayzata Boulevazd and the Her at 1151 Beech. That is prior to Ianuary 21. The compliance date on that is May 20, 2003. It is incumbent on the seller to let a buyer know about outstanding notices on the property. Pvlr. Xiong responded they did not let him know. Ms. Moermond recommends deleting the assessment. The owner should have received notice. The previous owner is at fault here for not notifying the new owner. 955 Geranium Avenue East (J0405A) (No one appeazed.) Ms. Moermond recommends approval. 1175 Ross Avenue (J0405A) (Note: another assessment was deleted on 9-14-04). (No one appeared.) Ms. Moermond recommends reducing the assessment from a total of 5333 to a total of $166.50. Resolution ordering the owner to remove or repair the properiy at 1046 Jessie Street. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building. (Laid over from 9-14-04) Mazcia Moermond stated a notice should be sent to the new owner to appear at the legislative hearing on October 12, 2004. The address is on the purchase agreement. The a�eement indicates the new owner will pay the ta�ces. The following needs to be done: $2,000 bond needs to be posted, work plan needs to be put together that addresses the items on the Code compliance Inspection, and the tanes paid. Mr. Magner added the new owner will not be closing until November 2. Resolution ordering the owner to remove or repair the property at 640 Minnehaha Avenue West. If the owner fails to comply with the resolution, Neighborhood Housing and Property Improvement is ordered to remove the building. (Laid over from 9-14-04) (IQo one appeared.) Because the City had the $2,000 performance bond and the vacant building fees paid, said Steve Magner, it was his understanding that it was going straight to 180 days recommendation. Ms. Moermond stated there still was not a work plan from the owners. Ms. Moermond is just looking for a work plan that could be sent to Mr. Magner or Ms. Moermond. (Recommendation is forthcoming.) ���z� LEGISLATIVE HEARING MINUTES OF SEPTEMBER 28, 2004 Page 4 J0404C Demolition of vacant building (garage) at 1854 Benson Avenue during July 2004. Marcia Moermond stated it is unusual to see a swiuuary abatement for $8,857 because the cap is usually $3,000. Steve Magner explained: the abatement on the gazage was appealed at a previous legislative hearing and the appeal was demed. The demolition of the garage was in the S3,000 threshold. The City is required to do an inspection survey. When the City went out to do the suney, the contractor noticed boiler block, a brick type insulation, put in the attic about 50 yeazs ago. It is unusual to have asbestos on the gazage. The area was yellowtagged and an emergency summary abatement was issued. There is another bill for $2,530 for demolition of the garage. The gazage asbestos abatement is $8,857.84. Janet Pelzel, owner, appeared and stated her estirnate was $3,000 to 54,000. Ms. Moermond stated this assessment can be spread over five years. She �4�ouid like to see a ten or fifteen yeaz assessment through Real Estate. She would also like to see this decreased. The asbestos is a public health hazard. She requested copies of the relevant documents, bills, etc. on this assessment. She encouraged the owner to talk to legal aide about the insurance company paying this. This is an extreme situation. Ms. Pelzel responded she talked to her insurance company about lowering her rates, but her payments are the same. Ms. Moermond's recommends Iaying over to October 12, 2�04 Legislative Hearing. J0303V Towing of abandoned vehicles from private property during January through April 2003. 707 Marvland Avenue East (Steve Rice provided Spanish-English interpretation fot this address.) Mazcia Moermond stated this was an inoperable red Ford lacking license plates in the rear and front tabs. Alberto Reynoso Arellano, owner, appeared and stated he has a a een Toyoto Tercel pazked in his lot. Steve Magner reported the vehicle belonged to the previous owner. This �ras a long ongoing problem property. This assessment was there when the previous owner transferred ownership. Ms. Moermond asked when he purchased the property. Mr. Rice responded last September. Ms. Moermond recommends deleting the assessment, as the owner did not receive proper notice. He was not the owner nor the resident of the properiy at the time. Ms. Nfoermond stated she is looking at an assessment for work done in March. ��t-��� LEGISLATIVE HEAILING MINLJTES OF SEPTEMBER 28, 2004 Page 5 639 Blair Avenue (No one appeared.) Ms. Moermond recommends approvai of the assessment. 1168 Bush Avenue Ms. Moermond stated the City towed three vehicles with expired tabs. This was back in February 2Q03. Kurt Douglunan, owner, appeared and stated one vehicle with expired tabs belonged to the upstairs tenant. He told them to get license plates on it or get it out of there. A tow company was supposed to haul it away, but the City did it in the meantime. The tenants also left a$900 utility hill and collection agencies were after him. The other two vehicles are registered to Mr. Doughxnan. Harold Robinson reported a Summary Abatement was mailed on two vehicles on February 14, 2003. The police wilt not tow them if the tabs are current when the police get there. There is a tow for one vehicle, although the abatement is for three. The City towed a GMC van with expired tabs on March 11, 2003. On February 24, the inspector went back and laid it over for a week, but it doesn't say why. One vehicle was not in compliance on the reinspect. There was refuse on the property on the reinspection. A reinspection was going to be done on Mazch 3, 2�04. There was no change and a work order was sent. Ms. Moermond stated the owner is responsible for his property. He can call for a manager's tow. Mr. Robinson explained that an owner can call the police or parking enforcement to issue a citation for that vehicle, and then it can be towed at no cost to the homeowner. Ms. Moermond recommends approval of the assessment. (The owner was given a Neighborhood Nuisance Handbook.) 973 Conway Avenue (No one appeazed.) Ms. Moermond recommends approval of the assessment. 901 Fifth Srteet East (No one appeared.) Ms. Moermond recommends approval of the assessment. O�f-Q7�O LECzISLATNE HEt1RING MINUTES OF SEPTEMBER 28, 2004 Page 6 1447 Haeue Avenue Desiree Doherty, owner, appeazed and stated these were her ex-husband's vehicles. One was a 1954 Ford with collector plates. They were open to entry, unsecured, undriveable, inoperable. She contacted her ex-husband and he did nothing about it. Then, he purchased another vehicle and parked it on her property. It had license tabs for June 2004. They puiled two vehicles off her properry. Harold Robinson reported on February 14, 2004 a sununary abatement was issued to Patrick Shanahan, P.O. Box 80271, Pheonix, Arizona; and to David Weber and Desiree Doheriy at 1447 Hague for a red Ford with collector plates open to entry, unsecured, undriveable, and on grass. Ms. Doheriy responded they also towed the van. They removed them both. Ms. Moermond's recommendation is forthcoming. She would like to look at the police report to see what happened with the second vehicle. The City has to hold a vehicle for hvo weeks. 1176 Reanev (No one appeazed.) Ms. Moermond recommends approval of the assessment. 876 Rice Street Harold Robinson reported a sumuiary abatement was issued on Febniary 10, 2003. This was regazding a Chevy Suburban, expired/no plates, open to entry, unsecured. A reinspection was done on February 19 with no change. No phone number for owner. A work order was sent on February 28, and it was gone on arrival. The police towed it on February 25. Pavel Zakhazov, owner, appeazed and stated this is the first she heard of this issue, a year and a half later. Mr. Robinson tesponded he mailed it to 1691 Seventh Street East and mailed to occupant. No mail was sent back. There was no phone number listed for owner or tenant. Ms. Moermond recommends approval of the assessment. This is in R'ard 5, and he can contact that office. 2204 Seventh Street West (No one appeared.) Ms. Moermond recommends approval of the assessment. 829 Third Street East John Morotz, owner, appeazed and stated he had a vehicie towed that had no plates. There is a rash of piates being stolen off of vehicles, so the plates were in the �vindshield. He paid $89 for towing, so he doesn't understand the assessment for $416.15. Hazold Robinson responded that if he just paid the o�t-q�� LEGISLATIVE HEARING NIITIIJTES OF SEPTEMBER 28, 2004 Page 7 towing, he still owes storage chazges and other services. Plates were in the window, which is not proper dispiay. They were expired. That is not proper display anyway. A work order was sent on April 21. No mail was returned. Nofices were sent to John and Deborah Morotz and to the occupant. Mr. Mazotz responded he has had mail stolen out of the mailbox, including checks. Ms. Moermond asked is this a case of financial hardship. Mr. Morotz responded they have three kids. Ms. Moermond recommends payments of the assessment be spread over a five-yeaz period. 114 Winnipeg Avenue (No one appeazed_) Ms. Moermond recommends approval of the assessment. 503 Lafond Avenue (No one appeared.) Ms. Moermond recommends laying over to October 12, as requested by the owner. 751 Ashland Avenue (1Vo one appeared.) Ms. Moermond recommends laying over to October 12, as the owner arrived toward the end of the hearing and staff for the assessments were gone. Appeal of Deficiency List (which includes condemnation) at 1707 Englewood Avenue; owner: Jason R. Crowley. (Division of Fire Prevention) Jason Crowley, owner, appeared and stated he is appealing the condemnation. Michael Urmann, and Dick Clossing (plumbing inspector) appeared. They �vere called to the property for an overcrowded duplex with five or more occupants. They weie allowed access by the occupants. There were multiple life safety violations, including open electrical, accessible combustible storage, and a gasoline can in the exit pathway. There were plumbing violations. Fire Prevention condemned the property with a vacate date at the end of the month. There were four residents and five bedrooms. At the time, it was not overoccupied but it was unsafe. He was told there were more than four unrelated adults. Right now, there is construction, the center wall is gone, and it is a single family occupancy. Ms. Moermond asked have they done a reinspection. Mr. Urmann responded he gave them until the end of the month to comply. b�F-9�t � LEGISLATTVE HEARING MINUTES OF SEPTEMBER 28, 2004 Page 8 Ms. Moermond asked about the gas can. Mr. Crowley expiained that one of the tenants left the gas can on the front desk when mowing. One person is moving out tonight. He has done a lot to improve the property. The combustible materials were in unoccupied areas_ The downstairs unit--the inspectors did not get in there--is in nice shape. This duplex was set up as a side by side. The former owners had cut a hole through the main wa11 in the center. Mr. Crowley was sheetrocking that wall; he had his toois there because he had been working on it. The tenants' rooms aze nice and fixed up. Ms. Moertnond asked aze there tenants in both units. Mr. Crowley responded eventually it will be a side by side duplex. Right now, he is using the doorway on the top floor. The upstairs is one unit, but he is replacing that door and it will be a side by side. He is asking for them to not condemn the house, but to give him time to make the repairs. He has a contract �vith the electrician to do the work. He has not found a plumber yet. Mr. Clossing responded the bathroom did not have vents and the toilet was hooked up improperly; some of the fittings were in backwards. Mr. Crowley responded the toilet works. Ms. Moermond asked how much time he needs. Mr. Crowley responded sixty days to do the repairs. He has done a lot to clean the house. The condemned signs looks bad. Mr. Urmann stated the first floor main level is occupied for use. There are construction materials in the exit pathway for their second exit on the second floor. The living room area and entertainment was occupied and it was unsafe. The building should remain condemned. Fire Prevention is willing to remove the sign once it is vacated. To reoccupy the building will require a Code Compliance Inspection done by LIEP to make snre the open walls, construction, and plumbing are done correctly. The construction should be done by permit. Ms. Moermond stated it sounds like one tenant is left and will be leaving tonight. Then, the owner can take the placards off his building. The appeal is going to be denied and will need to be ttuough a Code Compliance Inspection to be reoccupied. He will be working with Jim Seeger from License, Inspection, Environmental Protection (LIEP). Also, if the building is vacant, he may become part of the Vacant Building Program. That program also asks for him to do a Code Compliance Inspection for it to be reoccupied. After the inspection, he will get a list of items that need to be corrected. Before the signs are removed, added Mr. Urmann, he would like an inspector to verify the occupancy is vacant. Ms. Moermond stated it seems an inspector can come out tomorrow to verify the occupants are out. Mr. Crowley yes. Ms. Moermond denied the appeal. 01T�R BUSINESS I 956 Feronia Avenue (previously ratified assessments) The owner was confused about some of these assessment. From looking at the papernork, Ms. Moermond found that the City was doing cleanups and managing the property; therefore, Ms. Moermond is not recommending changes to any assessments for 1956 Feronia Avenue. 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