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06-545City of St. Paul RESOLi3TION RATIFYI23G ASSESSMENT COUNCIL FILE N0. QIa S � B � File No. SEE BELOW Assessment No. SEE BELOW 50 Voting Ward In the matter of the assessment of benefits, cost and expenses for J�SOSVl (8191) Towing of abandoned vehicles from 1597 Westminster St. during months of Sept and Oct 2005. 0601T2 (9047) Removing diseased elm trees from private property during winter season 2005/2006. LAID OVER BY COUNCIL ON A-19-06 TO 6-7-06 A public hearing having been had upon the assessment for the above improvement, and said assessment having been £urther considered by the Council, and havinq been considered finally satisfactory, therefore, be it RESOLVED, That the said assessment be and the same is hereby in a11 respects ratified. RESOLVED FURTHER, That the said assessment be and it is hereby determined to be payable in One equal installments. Except file 0601T2 to be payable in Ten equal installments. Yeas Nays Absent Benanav SOStT�Rt Harris Helqen Lantry Montqomery Thune Adopted by Council: Date d By: . Date 1 5ecretary � b� -5�,� � Green Sheet Green S Green Sheet Green Sheet Green Sheet Green Sheet � `�c�-�-� �, tY��1— l� — 7— D�p �'� (� oeoa��„�,�,.�,.��,,. ��,..m��. 5-1—d pW — r�n�;o wo� o,�Y� I Green Sheet NO: 3030596 � ' Deoarlment SeMToPerson Cor�4iet Person & Phone: Juan Ofi� ^ /� � 266-8864 `� �'n'� ContractType: OT-0iHER (OQESMi FRANY CA'fEGORt� Numbef I 2 r For I Routing Order Total # of Signature Pages _(Clip Ail Loeations for Signaiure) At Council's request on 419-06 these items were laid over to 6-7-06, towing of aband vehicles &om 1597 Westwinster St during months of Sept and Oct 2005 and removing diseased elm trees from private property during winter season 2005f2006. File's TOSOSVl and 0601T2. �dations: Appmve (A) or R Pianni�g Commission CIB Committee CiHI Senice Commission 1. Has this pe�son/firtn e�er a�oACed under a contract tor this departmeMl Yes No 2. Has this persorJfinn e�er been a city employee? Yes No 3. Dces this persadErtn p�sess a skill not novmally possessed by amr curtent city employee? Yes No Explain all yes answers on separate sheet and attach W green sheet Initiating Probtem, lssues, OPpo�nK!! (�o. Wha; 4Vhan. Where, Why): Property owners or rentets create a heakh hazud 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 charge the property owner for the cost of the cleaa up. Advanfapes MAporoved: Cost recovery progiams to recover e�enses for snmmary abatements, grass cutting, towiag of abandoned vehicles, demolitions, garbage hauling and boardings-up. Disativa�tages IfApproved: None Disadvantages If Not Approved: If Council does not approve these charges, general fund would be requixed to pay the assessment. �oca�wmounror $� 616.07 Transaction: Fundinsl Souree: CosNRevenue BudgeMd: Aetivity Number. Finaneiai lnfortnation: (Explain) 2 property owners will be notified of the public hearing and charges. AAay i, 2006 3:34 PM Page l MAY � i 244� �5� � �`�� v� City of St. Paul Real Estate Division Dept. of Technology 6 Management Serv.COUNCIL FILE NO. REPORT OE COMPLETZQN QF ASSESSN�IZT Eile No. SEE BELOW D6 S Assessment No. SEE BELOW �7otirig Ward In the matter o£ the assessment of benefits, cost and expenses for JOSOSVI (8191) Towing of abandoned vehicles from 1597 Westminster St. during months of Sept and Oct 2005. 0601T2 (9047) Removing diseased elm trees from private property during winter season 2005/2006. LAID O\7ER BY COUNCIL ON 9-19-06 TO 6-7-06 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 Parks Admin Fee Charge-Code Enforcement Real Estate Service Charge $1,501.07 $ 25.00 $ 50.00 $ 40.00 TOTAL EXPENDITURES Charge To Net Assessment $1,616.07 $1,616.07 Said Valuation and Assessment Engineer further reports that he has assessed and levied the total amount as above ascertained, to-wit: the sum of $1,616.07 upon each and every lot, part or parcel oP 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 ay considered proper. ����� f Dated 5 f �(�(,n tion 'and Asslessment Enpineer May 23, 2006 Minutes of the Legislative Hearing 06i)2T Removal of diseased tree(s) a 1594 Van Buren Avenue � 5�5 Page 2 Ed OLson, Fatesty, stated orders were issued August 23, 2005 to remove a diseased tree from the property. The owner called and requested they recheck to location ofthexte�as-she eonten&ed it � was not oa her property. Dave Snndmark, Foresuy, went to the properiy in October and located one of the survey markers on the property and determined the tree was located at 1594 Van Buren and not the property at 1602. The tree was removed by a contractor in February, 2006. Kumonk Hwang, property owner, disputed the tree being on her property since it was on the other side of her fence and the adjoining properiy maintained the lawn where the tree was located. She questioned how she could determine her property line. Ms. Moermond stated she could hire a surveyor, which was costly, or perhaps Mr. 5undmark could contact her to assist her in finding the property marker. Mr. Olson stated he would have Mr. Sundmark contact her concerning the property marker. Ms. Moermond recommended approving the assessment and spreading the payments over ten { 10) years. 2. Appeal of Deficiency List, which includes condemnation, at 701 Conwav Street, Apartment 705; appellant: Margazet Jackson and Pam Jackson (Division of Fire Prevention) Pat Fish, Fire Prevention, stated the property owner had contacted Fire Prevention and requested a Certificate of Occupancy inspection regarding concerns on the condition of the unit. An inspection was conducted on May 1, 2006 which resulted in condemnation of this unit. She explained the list of conditions which made the unit unitiliabitable: black mold on the walls from water damage; water dawage to the ceiling from the above unit; door knob was broken on the front door. Her biggest concern, however, was the battery missing from the smoke detector and there were three small children living in this unit. The placard condemning the unit had been removed as there was some confusion as to the unit number. The placard was reposted on May 9, 2006. Perry deStefano, SMRLS, attorney representing the appellant, stated the Jacksons had signed a lease with the previous owner in October, 2005. The repairs eJtisted at the time they moved in. The only relationship the landlord has had with his tenants is to arrive at the first of the month to collect the rent. The present landlord, Mark Muri�ane, locked the tenants out of their apartment and their belongings aze still located in the unit. Mr. de5tefano stated he attended a hearing that morning on a Petition for Lockout, Emergency Relief and Tenant Remedy Action to allow his tenant access to remove her items from the apartment. The matter was now scheduled in Housing Court on a compliance hearing on June 7, 2006 at 9;30 a.m. Mr. deStefano presented the Police Calls for Service from December 2005 through May 4, 2006 for this unit and he did not believe any of the calls were significant and were not behavior related in any manner. Ms. Moermond asked how many children, as well as their ages, that lived at this unit. Pamela Jackson, appellant, stated there were three children, ages three, four and seven who live with her. Ms. Fish stated that there were five units in this building. When she did the initial inspection, there were four or five men hanging out in the unit and it smelled like they had been smoking May 23, 2006 Minutes of the Legislative Hearing Page 3 marijuana She was concerned there wasn't a battety in the smoke detector smce there were small children living m this unit. She also had taIlced to Officer Carrol conceming the acrivity at the build'mg. On May 4, 2006, there was a neighborhood waIlc in Dayton's Bluff that she had attended and she discovered people were stil] living at ttvs address and they were ordered to leave. _. . _ _ _. __ __ -_--------- - Mr. deStefano stated there were no men livmg at this unit and there were no conditions concerning behavior. He aLso had contacted Fire Prevention and was mitially told there was not a condemnation on this property, however, when he called again, he was told the address was 701 Conway, apartment 705. Margazet 7ackson, appellant, stated the men that were likely at the spartment were the father of the children and his brothers. She also said people m her building and in the alley/driveway smoked marijuana. She contacted Mr. Muruane about the lockout and requested entry to the property. Mr. Murnane told her the City condemned the property because of the necessary repairs. Ms. Moermond requested a r�ess so she could review all of the information preserned by Mr. deStefano. (The hearing was recessed from 11:00 a.m. to 1120 a.m) Ms. Moermond asked where the Jacksons were living. Ms. Jackson stated they were living with different sisters and their families since they had been locked out on May 4, 2006. Ms. Moermond stated she reviewed the list of deficiencies on the unit and determined items, 1, 2, 3, 4, 6, ?, 11 and 14 were the responsibility of the landlord to zetnedy. Item 8 was definitely the responsibiliry of the tenant. Items 10, 12, 13 and 15 were the responsibility of the landlord and the tenant. Mr. deStefano requested tlris matter be laid over in the I.egislative Hearing in order for the Court to take action in allowing 2ris client to gain access to the properiy and to Uave the time to make the repau�s. Ms. Moermond requested a recess in order for her to review the materials and make her recommendation (The heazing was recessed from 11:40 a.m to 11:50 a.m} Mr. deStefano stated the appellant worked unti17:30 p.m and wouldn't have the time during the day to make the reqused repaffs. He again requested the matter be laid over in Legislative Heazing. Ms. Fish stated items 4, 14 and 15 could wait to be completed, however, the other items she considered life safety issues and needed to be completed before the condemnation would be li$ed. Ms. Moermond expressed concern over the safety issues with chi3dren living at this property. She also acknowledged the fact the ]andlord used ttris process to move these tenants out of the building. She asked Ms. Fish to prepare a report for the Council for the June 7, 2006 City Council Public Hearing. Legislative Hearing Officer recommended denying the appeal. 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It was rechecked on 9-16-05, October, and December. It was removed by the contractor in July 20�5. Gloria Robinson, owner, appeared and stated they sent an orange envelope. She had surgery and did not have money to cut it down. The lady she talked to said someone cut it down. They took it out of her taxes. Ms. Moermond asked did she get a letter. Ms. Robinson responded it was orange. Mr. Olsen said it is a normal letter. Ms. Moermond asked what she is looking for. Ms. Robinson responded she got the letter. Ms. Moermond recommends approval of the assessment and spreading the payments over ten yeazs. The interest is 5%. The City removed the diseased tree. 2046 Marearet Avenue, $1,573.28 Ms. Moermond recommends approval of the assessment and spreading the payments over ten years. � 1597 Westminster Street, $423 (Note: a letter was received from the owner.) Ms. Moermond read the letter from Ga Thao. It looks like there was a criminal citation and he paid it. The owner seems to perceive this assessment as part of the criminal citation, which would be an incozrect interpretation. He thinks he is not retrieving it and therefore does not owe the money. It looks like the assessment was decreased by the amount of the towing and storage. ��u5 LEGISLATIVE HEARING MINLJTES OF MAY 16, 2006 Page 2 Ms. Moermond recommends approval of the assessment. --- Laid over summary abatements (scheduled for City Council on 5-17-06): J4�06E Eacessive consumpfion of inspection services at 1173 Hancock Street J0506E Escessive consumption of inspection services at 1Q48 Seventh 5treet East J0506E Excessive consumption of inspection services at 399 Stryker Avenue 0602T Removal of diseased trees(s} from private property at 643 Winslow Avenue 1173 Hancock Street, $70 Ms. Moermond recommends approval because an appeilant did not appear. 1098 Seventh Street East, $70 The following appeazed: Thao Yang, 2125 39'/z Avenue NE; and Keu Yang, 1098 Seventh Street East, appeazed. John Betz reported that orders were mailed on 9-20-OS for a broken window in the reaz porch of the dwelling with a compliance date of 10-7-05. This is an excessive consumption for $50. The $75 and $I50 excessive consumption assessments aze pending. Thoa Yang stated that he lives in Minneapolis. His father Iives at 1098 Seventh. The first letter was not received because it may have been thrown away. Another month, they got a second letter that the window was broken. His father gave it to him. They were supposed to be at the hearing on May 2. The inspector referred him to the City Council. They fixed the window on May 1 and haue the receipt. Ms. Moermond stated the City is charging him for coming out because the work was not done yet. There aze 2 more assessments after this one. He should have gotten letters about them. When asked about the history on the property, Mr. Betz responded there was a vehicle issue four years ago. Ms. Moermond asked does Keu Yang have someone help him with maii. It is important that letters get translated. Thao Yang responded he brings it to his house. Ms. Moermd recommends approval of this assessment. The expensive ones are the next 2. She wili also recommend that the $75 be decreased to $50 and deleting the $150 one. When the post card arrives, the owner should write a note and call Racquel Naylor (City Council Offices). (The owners were given a business cazd.) 399 Strvker Avenue, $70 Irma Mueller, owner, appeared and stated the property was inspected.