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08-634Amended 6/04/2008 City o£ St_ Paul RESOLDTION RATIF'YZNG ASSESSt�NT COUNCII, FII,E NO, UU���`'� By File No. SEE�BELOW �� Assessment No. SEE BELO�rF Voting Ward Ia the matter of the assessment of benefits, cost and expenses for J08p4A1 (5508} Summary Abatement (property clean-up) on private property at 345 Magle St on February 25, 2008. 0802T1 (9062) Removing diseased elm trees fro private property at 978 Fremont Ave during winter of February, 2008. T•aTD OVER TO 5/20/08 LEGISLATSVE HEARING AIID 6/4/0$ PUSLIC HEARiNG A public hearing having been had upon the assessment for the above improvement, ancl said assessment having been further considered by the Council, and having been considered finally satisPactory, therefore, be it RESOLVED, That the said essessment be and the same is hereby in all respects ratified. I2ESOLVED FURTHER, That the said assessment be and it is hereby determined to be payable in One equal installments. Except £ile 0802T1 to be payable in Ten equal installments. — Yeas Nays Absent sostrom v Carter � Harris � Helgen � Lantry ✓ Stark ` Thune � � � � Adopted by Council: Date � Adoption Certified by Council Secretary By: � � � Approved b a o: Date 1J By; ;� i L � , i � City of St. Paul Real Estate Division Dept. o£ Technology fi Management Serv.COUNCIL FZLE N0. REPORT OF CON�LETION OF ASSESSMENT File No. SEE BELOW b8-��� Assessment No. SEE BELOW Voting Ward In the matter of the assessment of benefits, cost and expenses for J0804A1 (8508) Summary Abatement (property clean-up) on private property at 345 Maple St on February 25, 2��8. 0802T1 (9062) Removing diseased elm trees fro private property at 978 Fremont Ave during winter of February, 2008. LAID OVER TO 5/20/08 LEGISLATIVE HEARING AND 6/4J08 PUBLIC HEARING To the Council of the City of St. Paul The Valuation and Assessment Engineer hereby reports to the Council the £ollowing as a statement of the expenditures necessaxily incurred for and in connection with the making of the above improvement, viz: Total costs $1,000.41 Parks Admin Fee $ 25.00 Charge-Code Enforcement $ 50.00 Real Estate Service Charge $ 40.00 TOTAL EXPENDITURES Charge To Net Assessment S1, ll5.41 $1,115.41 Said Valuation and Assessment Engineer further reports that he has assessed and levied the total amount as above ascertained, to-wit: the sum of $1,115.41 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 b him, and which is herewith submit ed to the Council for such action thex n as e considered proper. / Dated S � ���� �,���aluation a A essment Enqineer ����6 June 4, 2008 City Council Action Minutes Page 11 58. Resolution Ratifying Assessment — 08-527 — In the matter of assessment of benefits, cost, and expenses for property cleanup at 34S Maple Street on February 25, 2008 [J0804A1]; and removing diseased elm trees at 978 Fremont Avenue during February 2008 [J0802T1]. (Laid over from May 7) (GS3053600) (Legislative Hearing Officer recommends the following: 978 Fremont Avenue (J0802T1) - reduce the assessment from a total of $805.41 to a total of $402; and 345 Maple Street (J0804A1) - approve the assessment) Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas — 5 Nays — 0 /��C� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �.. a. -L. l� - 5` �D - 0� l. �. �'� - lp -�/ D� Pw -wb�� wo� 72-MAY-0B Green Sheet NO: 3053600 Contaet Person & Phone�: 26 \l`� Doe. Type: OTHER (DOESNT FIT ANY C �cument Required: Y DocumeM Contact: Kim Robinson Contact Phone: 2668856 � Assign Number For Routing Order Total # of SignaWre Pages _(Clip All Lowtions for Signature) 9 ublic Works Jaan Ortiz 1 ouncii M Erickson 2 i Clerk At Council's request these items were laid over to 5/20/08 LEG. HEAR. and 6/4/08 PUBLIC HEAR., Snmm Abate (property clean- up) at 345 Maple St on Feb. 25, 2008 and Removing diseased elm hees at 978 Fremont Ave during winter of Feb., 2008. File No.'s J0804A1 and 0802TI. Planning Commission CIB Committee Civd Service Commission 'I. Has this person/firm ever worked under a contred for fhis department? Yes No 2. Has this personlfirm ever been a ciry employee? Yes No 3. Does this personf�irm possess a skifl noi nortnaiVy possessed by any current ciry employee? Yes No Expiain all yes answers on separate sheet and attach to green sheet Initiati� Problem, issues, Opportunity(Who, What, When, Where, Why): Property owners or renters create a health hazard at various times throughout [he City of Saint Paul when their proper[y is not kept up. The City is required by City code to clean up the properiy and chazge the pxaperty owner for the cost of the clean up. Advantages !f Approved: - Cost recovery programs to recover expenses for sununary abatements, grass cutting, towing of abandoned vehicles, demolitions, garbage hauling and boazdings-up. Disadvantages If Approved: None Disadvantages If Not Approved: � If Council does not approve these charges, general fund would be required to pay the assessment. Transaction: $1,115.41 Funding Source: CosURevenue Budgeted: Aetivity Number: Financial Information: (Explain) 2 Property owners will be nofified of the public hearing and chazges. May 12, 2008 1:41 PM Paae 1 N W Q a F H w Q � N 0 � H £ � � 4 w 0 � 0 � 0 ti O � 1 N I i ry i Q i � H � O i N�� � a�� W�N i a N o�� a�m a�� �� � N i ; M (-0 i O O O II O E�000no i ��000uo O� d' ul N II �-I i � � N+hLl N ct � +l+ II i? � �� � a n o � n � F n U � n i G�. � ii i i m�000 � H�000 i H � O O O i � � O O O I I I O r1 rl I a I � 1 O�N F� i U � � � � i W i i � W�000 i ��000 � �000 i � .joo i f+ i ifl N ; H 'G I � ] i i i i i � i i i i � � � W � (�j i i F 0.' �7 � FC£� � S � [q O i 5C RC U V � i � � N '.4 W i CL' � CJ V � O WH E � U � U �0.' i W � � W' C i i i I � � � a iF 2rv i z�z aa � o�oaoN � E Fa o i GL i ir W W E a� •� o i Ck i q q � E.�7 � U i qH �SO� � m � m F W.7 2 N i Cl i p � � � FO �H�� i >+ � ?a (V W N FC �D � a � qE�OF. � W � H.7�r0 W m � a i UB�i-] N i ° W ��n q �° ; w � �+xxm2 w .7F W �or1 o i i i � ' m � ; ri m i � o i � m � � c+l m � .i O i � o i � � � � a � �n o w � P r . i E�EO � � U?.ta E-+ � x E. . w� � L�' i �z� i � � � � W � ZiornN2 � 3�pnxMw i O� 7 N V+ t i 0 0 0 11 0 0 0 0 11 0 •II o O O I I O a �n c� u .i N +?+? 11 M � II N n II u n n n • W W 11 W m C� ii � QUUIi P7 Nxwiia [J U 11 f( WHIIE � U a n H WWII �n p0. u1 n H aaaiiw �1FCRC n h E H E n O �E�iia � a w U a E a w W 0 � a U � N i �� � �� � U � 1 ei � a E+ E W � � N b O � � H � 4 w 0 0 0 � ti � m I I � Q I N H � O I F�N � a� , w�N � a�N o � a�� a�N � � � � � M i � U1 �.i O O il .-i � F i d O o II C i �'�J 1 OIf1 O II Ifl O� b N N 11 O � � h i/TUt II m i � � II K I O� ii � E n i � � ii tr. � n � m�000 i H�000 H i.-I O O i � � C O O I 1 • � 1 O �-1 rl I �i � b I Q I P I E � U � i Q � � w i i Wi000 F�000 i rL � o0o i a� � e-I N O i H � �v �v H i � � 1 � , I 1 1 1 1 1 1 � I 1 ; I a w `�i G] I ' � W I �G� � � W w 1 � W w W 1 a�x u � o� z� � N�WN9 � RC � a Q W i W � EFCU] i i � r:, p i � O F W O � � m O r7 i O � x H � � H � U H WI�OaQq Q i � � U W RC FC 0.' i H i U� �W C. UI ut i C] � U 2 O O m i �uoH a � N � s..a. x � W � Q�Q�OlQ i I LL � H W N�D i O � C] �, i fk i UW •.+F i a�HbrH o� � ama�n�a � � ' � � � � � m I � i I � m � N O � N � ; i N N W� tn o i N i W o>.. i � a>,-+4w � a � a�C u� o 5C � OF�2�n � E'HO�£� i o � `'waaz � Pi I '`J w r` � WH ��s� aWz � � �w � � o i mcn� � � �-I o o II rV C o o I I d� • II 0ll10 fi Vt � O N N I I O rK� 11 m N 11� �� II II II n i n u n u II II n n n II owwii a w t ii q wi iio a £ w ii E H � N iiU aaanw Qrj� Ilh 000ii EFNiiw w a w U � a E a W W 0 m a W U � a ti f i!`f�� C?' � V � V"'��! LEGISLATIVE HEARING MINUTES FOR MAY 20, 2008 U ���� Page 2 978 Fremont Avenue (J0802T) Karl Mueller reported that this was a 21 inch American Elm with dutch elm disease. It was not doneon December 2, 2007. The tree was removed on February 4 by the city's contractor. Adam Lindell stated that he wrote three letters to the department and did not get a response. (He gave Ms. Moermond copies.) Mr. Lindell did not think the tree showed the characteristics of dutch elm disease, and it did not have the yellowing leaves, and the crown was intact. It was in full blown. It seemed like a live tree at the time. He wrote the letters hoping to get a reinspection of it. According to the legislative code 175.04 {b) the person inspecting the tree can cut a specimen in such a matter as to avoid permanent injury and forward the specimen to the Minnesota Department of Agriculture. No action can be taken to remove the tree until positive diagnosis of the nuisance. Mr. Lindell made three requests to make sure there was a positive diagnosis and he got zero response. Ms. Moermond stated "may" is a permissive word and that is one of the options that is auailable. She asked the dollar amount. Mr. Mueller responded $885.41. Ms. Moermond asked Mr. Muller if he had the letters. Mr. Mueller responded that he has the letter sent to Mr. Lindell dated November 15; however, they do not have a record of the letters from Mr. Lindell. Ms. Moermond asked about the diagnosis in the field. Mr. Mueller responded that a visual inspection is sufficient. It is in the Minnesota Department of Agriculture literature. If there is doubt that it is something else, a sample can be taken down to the Minnesota Department of Agriculture for testing. The visual inspection is allowed. They cannot sample every tree and take it to the Deparhnent. Mr. Lindell responded that there were two huge elms on the boulevard that were tagged in May 2007 that were removed in April of 2008. They were suffering from the disease because there were no leaves whatsoever and no bloom in the spring. Ms. Moermond stated that Parks felt they had a positive diagnosis based on visual inspecrion. Her concern is what happened to the letters he wrote to the department. Mr. Mueller stated he could look at the address and see if there are any calls that came in. (Later in the meeting, this item was discussed again.) Mr. Mueller stated he talked to The secretary and they did not find any record of letters. Usually, they document all phone calls from citizens. If he called in, there would have been a better chance of it being in the system. The secretary said that if there was a letter, it would have been attached. Also, Mr. Mueller did not personaily mark the tree. Mr. Mueller measured to make sure if was on Mr. Lindell's property. Mr. Lindell responded that he never had any doubt that this was on his property. Elxns are rare. One of the reasons he bought the property was because of the elm trees in the front and the back. Since he did not see any yellowing of the leaues and the crown seemed to be intact, he did not think there was anything wrong with the tree. With a visual inspection, he should be able to see whether the crown is depleted, whether the leaves are yeilowing, or whether there is a broken branch. A specimen was not sent to the Department of Agriculture. ������ LEGISLATIVE HEARING MINUTES FOR MAY 20, 2008 Page 3 Ms. Moermond stated she will recommend reducing the assessment by half because the owner did not get adequate time to do his own removal. They sent out inspectors who look at thousands of trees and make these calls. There was poor communication with Mr. Lindell about this issue. Because of this confusion, Mr. Muelier did not pursue an opportunity on his own to do a tree removal. d�G3� LEGISLATIVE HEARING MINLTTES FOR MAY 20, 2008 Page 9 345 Ma�le Street (J0804A) Ms. Moermond recommends approval as no one appeared.