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09-538Council File # �� - '�j Green Sheet # 30 O �}f�a Presented by RESOLUTION PAUL, MINNESOTA � 1 BE TT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative 2 hearing record and testimony heard at public hearing on May 6, 2009 hereby memorializes its decision to 3 certify and approve the Apri130, 2009 decision of the Legislative Hearing Officer for the following 4 address: 6 ADDRESS 8 786 Wheelock Parkwav Bast APELLANT David Tomfohrde 10 Decision: Appeal granted for the Dodge vehicle; appeal denied for the MG vehicle and extension granted 11 to May 9, 2009 to bring into compliance. Requested by Department of: Thune � ✓ ✓ � Adopted by Council: Date _ �, Adoprion Certified by Coun il Secretary B �� Approved yo�� Date '� Z p By: � Form Approved by City Attomey By: Form Approved by Mayor for Submission to Council � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ay-5�A �°a``"'e°ti°ffi��°°°"�. °���^���d� Green Sheet NO: 3070402 CO –Council 13-MAY-09 Deoartment SentTOPerson InitiaUDate ConpM Person & Phone: � Marcia Moermond o om�a �—� �-g57� 1 onocH De arlment Director Assign 2 ' Clerk CS Clerk Must Be on Council Agenda by (Date): Number 3 �—� For �� Rou[ing a �� Doc.Type:RE50LUTION Order 5 E-Document Required: Y DocumentContact: MaiVang ConWCt Phone: 6-8563 Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Resolution memorializing City Council action taken May 6, 2009 granting the appeal for the Dodge vheicle and denying the appeal for the MG vehicle and extension granted to May 9, 2009 to bring into compliance for property at 786 Wheelock Parkway East, per the recommendation of the Legislative Hearing Officer. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has lhis person/firtn ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a ciiy employee? Yes No 3. Does this person/firtn possess a skill not normally possessed by any current city employee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet. Initiating Problem, lssues, OppoRunity (Who, What, When, Where, Why): Advantages If Approved: DisadvanWges If Approved: Disadvantages If Not Approved: Total Amount of CosURevenue Budgeted: Trensaction: Funding Source: Activity Number: Financial Information: (Explain) May 13, 2009 10:32 AM Page 1 J4/21/2069 'L1:43 E513369240 04/22/2009 14:41 FhX 6512668574 SAINT PAUL CITY COUNCIL APPLICATION �'�R APPEAL 5aint Pan] �ty Qex� 15 W. ICellogg BIvb, 310 Ciry T3all Samt Panl, M�zesota 55102 Telephorte: (651) 266-g588 � ..� � • ...� �� �r "-��' � 0 -/y- D� 4. NameofOwnea: i Rv/P �'pv.rr'oF/stk�c - Address: �� Lo L w fiEC-� d���,, � T � 9� � Srate: 1 "'L ''� �p; SS l c� � Phane f�lmnbrrs: Bt�e�a G�S/ -33a - y z y Residence (o� %- 3-i� - y z Cel} v ulaz !�S/-3 �- iI� 5. Appel7ant / App&c�t (if other than ownes): Ad�hcas: � STate:. Zip: Phone 2alum�ers: $usivass PRG= 62/�3 � 002/OOL b� � ��g ��c�r��� APR � � �UQg �� � io ,n, � ''i ���` Units: { 3. Date nf T.ctter � 5i� Cellulaz 6 State specifically what is b�g appealed and wpY (Tlse an attachuaent if Be�eess�y)� � � , ('a%�>c7�c'- , <7�v ('J°,l/�•v — 9 c� G� c� it%� - — / n (t�7 ? � �_ c�U��.�. , �<:",� _ e -�. �) y t p . L -�.L �Y V •'�-t . i S �` L �� il w /. .. � .f . �� / � � ilAi/n�: / �� ` 1 �Z_ I+IO213- A 525A(} filing fee a�de psyab7e Yu ihe (5ty vf Ssiat Pani a�tist accc�mpa»y ihis applicsrinn as a nocesasry condiaam far filing_'Caa �tac aa�h a copy oI the txigioai ozdets dud tmy other carn3poude�e xclatire M Lflt6 &�C81. J�if�+ �qy(7�7 p�ggtlS�tf� �$O �tII&�+�t,+C181OR Of thC EStY �I� IIl�' bbWlll J{1d1C1$j ICViBW �'y �'@�..�}� fY�]3,[� OF Ai18I.'L� 86 pIY3S'{�Q �Y ]18V 711 �17C2 �.O➢IL � ��.� � =.�.e.,'�— , CI'I'Y OF SAINT PAUL DEPARTMENT OF SAFE"i'I' AND INSPECITONS DIVISION OF CODE ENFORCEME'2v'T 375 Jackson Street, Suite 220 Saint Paul, MN 55101-2806 VEHICLE ABATEMENT ORDER April 73. 2009 �� —� Da [ � '' - � �v1ai3� By (init) 09 - 055580 David Wayne Tomfohrde � � `� ,� 786 Wheelock Pky E ��„�,c'" str�ui �; ssio6-i�zi - ��`1 �,,-- � Z � ��" � Yog hais tias koj hais lus Hmoob Nilab kq tsis m taub tsab niawv aq hu nu tus Lchais Fus ntawm (651) 266-8989. Nws yog pab dawb zwb.Si necessita un traducror, por favor Ilamanos al (651)266-8989. No costo. As owner or person(s) responsible for 786 WAEELOCK PKWY E _ � _ YOU ARE HEREBY NOTIFtED THAT THE FOLLOWING VEHICLES ARE IN VIOLATION OF THE SAINT PAUL LEGISLATIVE Vehicle Make Color License Violation i Vehicle I Make I Color ' Licemse '�� Violation VIOLATION �1 dodge n/a Bnr333 A 3t4 A - Iacks current license/tabs B - Open to entry/unsecured C - Missing vitat parts/dismantled u nlmown brown No pla ABCDE CHAPTERS 45, OR 163: #2 #5 #�3 #6 D - Appears undriveablelmoperative E - Unimproved surface F - Oiher violation FAILURE TO COMPLY MAY RESULTS IN TAGGING AND/OR TOWING. '- ��FA�RiT�S: Yt'the Cfty impounds and disposes of tne vehicle(s), the charges assessed`to fhe above property will be appro�eimately $1,000.00 for each vehicle. This charge does not include unpound fees and other related costs for release of vehicle(s). Vehicles found Yo be in violation on or after AUril 23, 2009 will be removed, impounded and disposed of in accordance with law. The rost of this abatement will be charged against the property as a special assessment to be collected in the same way as property taxes. Noncompliance with this order and repeat violations will result in the issuance of criminal citation Issued by: Craig Mashuga Badge Number: 335 Phone Number: 651-266-1909 Apoealr You may appeal this order ar�d obtain a hearing before the City Council by completing an appeal application with the City Clerk before the appeal deadline noted above or seven (7) days after the date mailed, whichever comes fi�t. No appealz may be filed after that date. You may obtain an appea( application from the C�ty Clerk's Office, Raom 310, Ciry Hail, St. Paul, MN 55t02. The telephone number is (651) 266-8688. You must submit a copy of this Vehicle Violation Notice with your appeai application. `W AIWING Code mspection and enforcemeni a-ips cost the taxpayers money. If mulTiple trips within a year to your property aze required to insure compliance with the law, you may be chazged for the cost of inspections and enforcement trips to your pmper[y. Such chazges aze in addition to any othe: £:nes or assessments which may be levied against you and your property. Va2 p2 6015909/OS ee::ee �syd eroa6eeei59 eb:i� 6eeaiia�tir� 04/21/2669 21:43 6513309240 � O -t f 1 r -` v� b� - z"�g � �ttN. ���� � ��fls /���JUeNL � ���� f ef�� I�L ,�� � ���` � A,��%�<<� <. -� � Z� l� ����<���% o,��<-rL v' � /� , c � 1 � /�'�l v�K�� � C�� �!� ^�{ ���'� G / � ,-f f � / U / J� j ,� 4 � � �/ � C�.�X /� C " i r ; �� ; � 6r��[�=�c ;�� t � F- �-�:,-, °GG= 01/53 Apri130, 2009 Legislative Hearing Minutes Page 9 d �'�J3c� 9. Appeal ofDavid Tomfohrde to a Vehicle Abatement Order for property at 786 Wheelock P East. David Tomfohrde, appellant, appeared. Ms. Moermond asked Inspector Mashu�a for a report. Mr. Mashuga stated that he inspected the property and found two vehicles that were in violation: one was a Dodge pickup that had six-year expired tabs and the other was an unknown vehicle that had no visable plate, was open to access as the back window was busted out, appeared inoperable, and was not on an approved stuface as it appeared to be parked on the grass. He presented photographs of the vehicles. Mr. Tomfohrde stated that the unknown vehicle was a 1975 MG which had a collector plate on the front and was covered by a tarp. He presented the collector plate that he had removed from the vehicle. He said that this vehicle was on the site of an old patio that the previous owner had installed. He said that this same issue arose approximately three years ago and he was told that he only needed one collector plate on the vehicle, that parking on the patio surface was fine, and was told to merely cover the vehicle with a tarp. He said he didn't know what had happened to the tarp as it appeared to have worn away. He said that he had applied for collector plates for the Dodge pickup and presented a sixty-day temporary permit from Driver & Vehicle Services. Mr. Mashuga stated that he did not look under the vehicle but it appeared to be parked on the grass and there was no alley or road access to where the vehicle was parked. He said that he had checked the file and there was no site plan that had been approved for parking. The only parking surface that would be approved would be pavers, concrete or asphalt. It would also need to be screened with fencing ar shrubbery and that a tarp was not approved screening. Ms. Moermond stated that in reviewing the abatement order, it appeared that the 1975 MG violated all of the definitions as listed in the code with the exception of the collector plate which was not visible at the time of inspection: it was open to enh and unsecured; missing vital parts; appeared inoperable; and was on an unimproved surface. She told Mr. Tomfohrde that whatever information he had been given in the past regarding the parking surface was given in error and he would need to comply with an approved parking surface by cleaning up the area around the car and that a tarp was not adequate screening of the vehicle. She asked Inspector Mashuga whether he could go out and look at the parking surface again to determine whether it was on an approved surface. Mr. Mashuga responded that he would inspect the vehicle again next week; however, Mr. Tomfohrde would need to provide a site plan for review. Ms. Moermond recommended granting the appeal for the Dodge vehicle as it is in compliance since Mr. Tomfohrde had applied for collector plates. She recommended denying the appeal for the 1975 MG vehicle and granting an extension to May 8 to bring into compliance or the vehicle would be removed.