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09-429City of St. Paul RESOLUTIOPI RATIFYI23G ASSESSMENT AMF NDED 4/15/2009 Assessment No. SEE BELOW Voting Ward In the matter of the assessment of benefits, cost and expenses for �L�] VB0802A (8654) collection of delinquent vacant building fees re-invoiced in the month of December, 2008 at 885 Conway St, 1454 Pascal St N and 970 Burr St. 0809T1 (9071) removing diseased elm trees from private properties at 930 Forest St and 700 Ruth St during the winter season of 2008. LAID OVER TO 04/07/09 LEG HEAR AND 04/15/09 PUBLIC IiEAR2NG 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 Bostiom ✓ Carter � Harris � Helgen � Lantry � Stark � Thune ` � Adopted by Council: Date ��5��� Adoption Certified by Council Secretary g - � Approved b� o : Date � � BY: _ �'�� �C��ti�./ COUNCIL FILE N0. v(�"(<� 1 By � File No. SEE BELOW D�- �a� April 15, 2Q09 City Council Action Minutes Page 12 63. Resolution Ratifying Assessment — 09-429 — In the matter of the assessment of benefits, cost, and expenses for collection of delinquent vacant building fees re- invoiced in December 2008 at 885 Conway Street, 1454 Pascal Street North, and 970 Bun Street [VB0802A]; and removing diseased elm trees from private properties at 930 Forest Street and 700 Ruth Street during the winter season of 2008. [0809T1] [Laid over from March 18] (GS 3068942) (Legislative Hearing Officer recommends the foilowing: 970 Burr Street (VB0802A) — approve the assessment and svread the �ayments over five (5 vears; 885 Conway Street (VB0802A) — reduce the assessment from a total of $1,070 to a total of $500; 930 Forest Street (J0809T1) — approve the assessment; 1454 Pascal Street North (VB0802A) — delete the assessment; and 700 Ruth Street (J0809T1) — delete the assessment.) Adopted as amended per the recommendation of the Legislative Hearing Officer Yeas — 6 Nays — 0 City of St. Paul Real Estate Division Dept. of Technology & Management Serv COUNCIL FZLE NO. 6��✓��y REPORT OF COMPLETION OF ASSESSMENT File No. SEE BELOW Assessment No. SEE BELOW Voting Ward In the matter of the assessment of benefits, cost and expenses for VB0802A (8654) collection of delinquent vacant building fees re-invoiced in the month of December, 2008 at 885 Conway St, 1454 Pascal St N and 970 Burr St. 0809T1 (9071) removing diseased elm trees from private properties at 930 Forest St and 700 Ruth St during the winter season of 2008. LAID OVER TO 04/07/09 LEG HEAR AND 04/15/09 PUBI,IC HEARING 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 $4,663.03 DSI Admin Fee $ 150.00 Parks Admin Fee $ 50.00 Charge-Code Enforcement $ Real Estate Service Charge $ 100.00 Attorney Fees $ TOTAL EXPENDITURES Charge To Net Assessment $4,963.03 $4,963.03 Said Valuation and Assessment Engineer further reports that he has assessed and levied the total amount as above ascertained, to-wit: the sum o£ $4,963.03 upon each and every lot, part or parcel of land deemed bene£itted 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 o£ 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 n proper. �' / � Dated �"��-11� , ,. =`�y ,�'Y7"/�1�,� '�--��`;'Valuation and Assessment Engineer G � a- L. N. -� �-a 9 � a-�1�. �l-�-09 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � rr-u��� . ,� , �epartrnerWOFficrJCounai: DateMitiated: FS — FnanaalServices 2�-09 Green Sheet NO: 3468942 CoMad Person & Phone: , ����t SeM To Person InitiaVDate LynnMoser _�`y'n y o ,oaoaatSer.;ees L Mosa 266-8551 .. f 1 oma7 M� Erickson Ass�gn 2 Clerk � Must Be on Counoil Agenda 6y (Date): Number Por Roufing OTHER DOESNTFRANY �rd� Doc. Type: CATECORI� . E-0oeumenS Required; Y Doeument Contad: �m Ranweiler � Contact Phone: 266-8856 � Tofai � of Signature Pages _(Clip All Locations for Signature) Aetion Requested: � � _ At Council's request these items were laid over to 04/07/09 LEG HEAR and 04/I S/09 PUBLIC HEAR; collection of deliquent vac bldg fees in Dec, 2008 at 885 Comvay St, 1454 Pascal St N& 970 Burt St. and removing diseased elm trees at 930 Forest St and 700 Ruth St during winter of 2008. File No.'s VB0802A and 0809T1. Recommendations: Approve (A) or Rejed (R): Personal Service CoMracts Must Answer the Following Questions: Planning Commission 1. Has this persoNfirtn ever worked under a coMract for this department? CIBCommittee Yes No Civil Service Canmission 2. Has ihis persoNfirtn ever been a city employee? Yes No � 3. Does this person/firm possess a skill not no`maliy possessed by any curtent city employee? ' Yes No - Explain all yes answers on separete sheet and attaeh to green sheM. Initiating Problem, Issues, Opportunity (Who, What, When, VYhere, Why): Property owners or renters create a health hazatd at various times tUroughout the City of Saint Paul when their property is not kept up. The Ciry is required by Ciry code to clean up the properry and charge the properry owner for the clean up. AdvanWges If Approved: Cost recovery programs to recover expeases for se+*�mary abatement, grass cutting, towing of abandoned vehicles, demoltions, garbage hauling, vacant bldg fees and boazding-up. DisadvarMages HApproved: None DisadvarMages H Not Approved: If Council does not approve these charges, general fund would be required to pay the assessment. Total Amowrt of ' Transaetiom ��� CostlRevenue Budgeted: Funding Source: Activity Number: Financial infofmation: . (Expiain) 5 property owneis will be notified of the public hearing and chazges. March 25, 2009 8:20 AM Page 1 GS 3068942 April 7, 2009 Legislative Hearing Minutes OG�-f�� Page 2 1. Laid over Summary Abatement Assessments: Referred back by Council on March 18 VB0802A Collection of delinquent vacant building fees from August to December 2008; and J0809T1 Removing diseased elm trees from private properties during September to December, 2008 970 Burr Street (VB0802A) The inspector did not have the file available for the hearing. Jemal Hassen, property owner, appeared. Mr. Essling stated that according to STAMP, a category 2 vacant building file was opened on June 24, 2008. A registration letter was sent on June 24 and August 7, 2008 to pay the 2008 vacant building fees and when the owner failed to pay, a warning letter was sent on October 1, 2008. When the owner failed to comply, the vacant building fee in the amount of �1,070 went to assessment on December 19, 2008. Mr. Hassen stated that he purchased the property at the end of July 2008. He was in the process of fixing up the building and was working by himself. He did not realize that he would be responsible for a vacant building fee and didn't believe he should have to pay. Ms. Moermond asked whether any building permits had been pulled and whether there was a sign off on a code compliance inspection. Mr. Essling responded that a code compliance inspection had not been done and permits could not be pulled. Ms. Moermond recommended approving the assessment. 885 Conwav Street (VB0802A) A representative of the property owner appeared at Council Offices on April 8 explaining that he had missed the rescheduled hearing (third reschedule). Ms. Moermond reviewed the property records on STAMP. The category 2 vacant building file was opened on October 22, 2007 and there was a code compliance sign off on January 8, 2009. Ms. Mcermond recommended reducing the assessment from a total of $1,070 to a total of $500 provided the property is maintained. 930 Forest Street (J0809T1) Pao Lor, property owner, appeared. Mr. Mueller stated a letter was sent to the owner to remove six diseased trees which had been marked. The property was re-inspected in August 2008 and the trees were still standing. The six trees were removed by the contractor on December 19, 2008 for a total assessment of $963.03. The letter was sent to Rich Phillippi at 3328 Commonwealth Avenue in Woodbury. Mr. Lor stated that he had purchased the property &om the bank in December 2008 and was not aware that the trees needed to be removed. /`/� /i r Apri17, 2009 Legislative Hearing Minutes V �-/ Page 3 Ms. Mcermond stated that the previous owner was responsible for notifying him as he would have received the norification. Ms. Moermond's recommendation was forthcoming. After the hearing, Ms. Moermond recommended approving the assessment and suggested the owner contact his title insurance company or to contact the previous owner for re-imbursement of the assessment. 1454 Pascal Street North (VB0802A) On March 19, 2009, Mr. Magner recommended deleting the assessment as the building was razed by the owner and the assessment was made in error. 700 Ruth Street (J0809T1) Hermes Cortez, property owner, appeared. Laura Carroll, PED, provided Spanish interpreter services. Mr. Mueller stated a complaint was received regarding a diseased, rotting tree on the property. The property was inspected and a 38 inch diseased silver maple tree was found. A letter was sent to the property owner on November 24, 2008 to remove the tree by December 4; 10 days since the tree was considered dangerous. He said that the owner did contact him and requested additional time to hire a contractor to have the tree removed himself. Mr. Mueller said that from the best of his recollection, he understood that the owner had hired someone to remove the tree and when the tree was being taken down, a limb was dropped on the electrical wires which took out the power in the entire neighborhood. It was his understanding that the police were called and the tree service took off before the police arrived. He was unsure whether the tree contractor was ever caught. Mr. Mueller said that the city's contractor then removed the tree on December 15, 2008 for a total assessment of $790.50. Ms. Moermond asked Mr. Cortez who he had hired to remove the tree. Ms. Carroll responded that Mr. Cortez did not have the name with him; however, it was someone who lrnocked on his door and presented a flyer offering their services. He said he had hired this person to remove the tree and only found out afterward that this person did not work for that company and had possibly stolen identification from the true contractor. He said the police were called and he gave the police the license plate number and information that he had and to the best of his knowledge, they were investigating the complaint. Ms. Moermond asked Mr. Cortez whether he had paid any money to the bogus contractor. Ms. Carroll responded that he had not. Ms. Moermond stated that she would like the flyer of the contractor and requested Ms. Vang obtain a copy of the police report. She also suggested Mr. Cortez contact the Attorney General's Office and file a complaint. Ms. Moermond stated that she believed Mr. Cortez had made a good-faith effort to remove the tree, therefore, she recommended deleting the assessment. After the hearing Mr. Mueller provided the following information: "I have received the information from Mr. Hermes Cortez Cabezas in regards to the incident with the dangerous tree at 700 Ruth St. I aiso have a little background on Cook's Tree Service. The company was run by two Apri17, 2009 Legislative Hearing Minutes � I��� Page 4 people/owners. One of them left and started his own business, Ace Tree Service located at 270 Eazl St. Ace is cunently licensed with the City of St. Paul. The remaining individual continued to operate under the old name, possibly using outdated insurance policy information and licensing. This is why Hermes exclaimed that the person was using "stolen" information. 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