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10-414Amended 4/21(2010 City of St. Pau1 COiINCIL �ILE NO. 10-414 RESOLUTION RATIFYING ASSESSMENT By �f` ��� �' �� File No. SEE BELOW Assessment No. SEE BELOW Voting Ward In the matter of the assessment of benefits, cost and expenses for VB0909A (108871) collection of delinquent vacant building fees re-invoiced at 415 Rose Ave E. VB0909B (108872) collection of delinquent vacant buiiding fees re-invoiced at 1017 Armstrong Ave. LAID OVER TO 04/06/10 LEG HEARING AND 04/2U10 PUBLIC HEARING A public hearing having been had upon the assessment for the above improvement, and said assessment having been further considered by the Councii, and having been considered finally satisfactory, therefore, be it RE50LVED, That the said assessment be and the same is hereby in all respects ralified. RESOLVED FURTHER, That the said assessment be and it is hereby determined to be payable in One equal installments. Yeas Nays Absent Bostrom ��- Carter �� Hazris � Helgen � Lantry ,/ Stazk ,� Thune ,, / Adopted by Council: Date ������/'�� Adoption Certified by Council Secretary By: ��/�� ( �ii� C���� Approv ayor: Date � y7 �a(o ; By: i.-G ` i� �rti/ Apri121, 2010 City Council Action Minutes Page 8 37. Resolution Ratifying Assessment — 10-414 — In the matter of the assessment of benefits, cost, and expenses for collection of delinquent building fees re-invoiced at 415 Rose Avenue East [VB0909A], and 1017 Armstrong Avenue [VB0909Bj. [Laid over f'rom March 17] (GS 3103376-Wards 1& 5) (Legislative Hearing Officer recommends the following: 1017 Aimstrong Avenue (VB0909B) — recommendation is forthcoming up blic hearin� continued to Mav 5; and 415 Rose Avenue East (VB0909A) — public hearing continued to June 2.) Adopted as amended, per the recommendation of the Legislative Hearing Officer Yeas — 6 Nays — 0 City of St. Paul Real Estate Division Dept. of Tecluiology & Management Serv. REPORT OF COMPLETION OF ASSESSMENT COUNCIL FILE NO. 10-4L4 File No. SEE BELOW Assessment No. SEE BELOW Voting Wazd In the matter of the assessment of benefits, cost and expenses for VB0909A (1Q8871) collection ofdelinquent vacant building fees re-invoiced at 415 Rose Ave E. VB0409B (108872j collection of delinquent vacant buiiding fees re-invoiced at 1017 Armstrong Ave. LAID OVER TO 04/06/10 LEG HEARING AND Q4l2ll10 PUBLIC 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 DSI Admin Fee Pazks Admin Fee Charge-Code Enforcement Real Estate Service Charge Attorney Fees $2,000.00 $ 100.00 $ $ $ 40.00 $ TOTAL EXPENDITURES Charge To Net Assessment $2,140.00 $2,140.00 Said Valuation and Assessment Engineer further reports that he has assessed and levied the total amount as above ascertained, to-wit: the sum of $2,140.00 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 confened thereon; that the said assessment has been completed, and that hereto attached, identified by the signature ofthe said Valuation and Assessment Engineer, and made a part hereof, is the said assessment as completed by l�im, and which is herewith submitted to the Council for such action thereon as may be consi ered proper. Dated ��J9J/� L„�`�J'�-/ d'Jdz�r/ aluation and Assessment Engineer ��-L�/ � Green. Sheet Green - � �- �� �.0 �� - �-�1-1� Sheet Green Sheet Green Sheet Green Sheet Green Sheet � 10-414 DeparhnenUO�celCouncil: Date Initiated- FS —FinancialServices �gMAR2010 Green Sheet NO: 3103376 Contact Person & Pho�„ Department SeMTo Person InHiallDate Lynn Moser �1 ` � 0 inaocial Services L n Moser 266-8851 1 ounc� Ma Erickson A55ign 2 � C�e�k (,y Clerk Must Be on Council Agenda by (Date�: Number For Routing Doc.Type:OTHER(DOESN'TFITANY Order CATEGORI� E-�ocumentRequired: Y Document Contact: Kim Ranweiler ConWct Phone: 266-8656 7ota1 R of Signature Pages ^ (Clip All Locations forSignature) � Action RequesMd: At Council's request these items were laid over to 46-10 LEG HEAR and 4-21-10 PUBLIC HEARING; collection of delinquent vacant building fees re-invoiced at 415 Rose Ave E. and collection of delinquent vacant building fees re-invoiced at 1017 Armstrong Ave. File No.'s VB0909A and VB0909B Recommendaiions Approve (A) or Reject (R): personal Service Contraets Must Mswer the Pollowing Questions: Planning Commission 1. Has ihis persoNfirm everxrorked under a contract for this department? CIB Gommittee Yes No CivilService Commission 2- Has ihis personlfirm ever been a city employee? Yes No 3. Does this personlfirm possess a skill not nortnally possessed by any curtent city employee? Yes No F�cpiain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Most commercial properties in Saint Paul require a CertiScate of Occupancy in order to be legally habitable. The City charges a fee for this certificate to cover its cos[s of inspecfions. The fees on the attached hearing list were previously invoiced, but remain unpaid. The City is authorized by ordinance to collect unpaid fees via assessment. Advantages if Approved: The Ciry may collect the fees to cover its inspection and enforcement costs. Disadvantages If Approved: None DisadvafMages H Not Approved: The Ciry may be unable to collect the fees to cover its costs via other means (e.g., registered bili). Totat AmouM of $Z �40.00 Transaction: Cost/Revenue Budgeted: Funding Source: � Activity Number. Rnancial Information: (Explain) 2 Property owneis will be notified of the public hearing and charges. March 19, 2010 12:56 PM Page 1 d a H H L R m � r � O £' Q a lG O C O � � � O �� z N �O 0. � C y G .� ° on m � u - E. m R xx � � d d d d 0 a C V a a' 0 N M < O I I� lo IN � N N I N I N l� I I I 000 0 000 0 �aoo 0 O Vi N l� O 69 A O I ^i .-� IE1j Vf � l o p O O O O O ~ ~ l I I O O O I� O O I � I I� N N �I I �y c cn y E � y a �'ow Q I � G v �w E � c q w m I j q w�' � I 1= lo �o �F �o h I z �� I �� �, � a L L Pr e a L U � � �i C 0 L C E ti 0 O i U O a T L1. K F c m U 3 O a I n � ry O N N � � V C �' ' % i j � < S < � �c � � = „ - c .°_ r � ° i U '� y p �" `° � = a x .� .�_. 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Q F � c U U � U ' U O ^ V a. .. o 10-414 � 4 e c ° s c v' 10-414 Apri16, 2010 Legislative Hearing Minutes Page 7 4. Sununary Abatement Assessments referred back by Council on March 17: VB0909 Collection of delinquent Vacant Building fees re-invoiced in November 2009 1017 Armstrone Avenue (VB0909) Mr. Yannarelly stated that this was a category 2 vacant building which file was opened on August 6, 2009. The annual vacant building fee was due in the amount of $1,070. Johann Massmann, property owner, stated that he was appealing why the property should be in the Vacant Building Program. He said he was currently in dafault on his mortgage and had talked Yo his credit union on options. He suggested that he only have to make the repairs as listed in the original condemnation letter from June 2009 to bring the property into compliance which he believed he could have completed by the end oFthe summer. Ms. Moermond reviewed the orders and the photos that were in STAMP with Mr. Massmann. She asked why he bad not appealed the condemnation orders at tbat time. Mr. Massmann responded that the condemnation order had been routed to Paduka before he received it which was after the date he could have filed an appeal. He said when Inspector Shaff inspected the property she was only able to stay in the building a few minutes given the urine problem with the tenant. At that time, she was concemed about getting the tenant out of the building and he allowed the condemnation and order to vacate proceed. He said Inspector Shaff had given him assurances that she would not refer the building to the Vacant Building Program and would give him up to a year to make the repairs. Then in August 2009, he received the vacant building registration notice and called Inspector Shaff as to why he had been referred to the Vacant Building Program when she had told him she would give him up to a year to complete the repairs. He said Inspector Shaff inerely told him that "I changed my mind" and referred the property to the Vacant Building Program. Ms. Moermond responded that he didn't appeal the condemnation order or the vacant building registration notice and fee; he had a urine soaked house, the building met the definition of a category 2 vacant building, and he would need to have a code compliance inspection done and the property brought into code compliance before it could be re-occupied. She asked if there had been a sheriff sale yet. Mr. Massmann responded that a sheriff sale had not yet been scheduled; however, he was ready to tum the keys over to the credit union as he didn't have the money. He reiterated his conversation with Ms. Shaff regarding the referral to the Vacant Building Program and that he shouldn't be in the program. Ms. Moermond recommended laying the matter over to Apri120 to obtain a statement from Ms. Shaff regarding her recollection of conversations she may have had with Mr. Massmann. She said she would likely recommend approving the assessment and spreading the payments over five years. 415 Rose Avenue (VB0909) Mr. Yannarelly stated that this was a category 2 vacant building which file was opened on September 26, 2008. The annual vacant building fee was due in the amount of $1,070. David Johnson and Natalie Cravens, property owners, appeared. Mr. Johnson stated that he had purchased four category 2 vacant buildings at auction in June 2009. For this particulaz property, he had completely gutted the interior and was focused on the exterior work: new roof, windows, 10-414 April 6, 2010 Legislative Hearing Minutes Page 8 garage, gutters, and was waiting to put on new siding as he didn't want to install it during the winter. Since everything had been gutted on the inside, he didn't believe there were any code compliance issues and since he had a building permit, the building should not be considered vacant and he should not be charged any fee. He said it was never disclosed to him at the time he purchased the properties Yhat there would be an annual fee when the building was considered vacant. He asked to be granted an extension on the charge for the fee and believed he could have the repairs completed within 90 to 120 days. Ms. Moermond stated that the property could only be removed from the vacant building program once it had a final inspection, was signed off, and had a certificate of code compliance. She said she would recommend the vacant building fee be waived for 60 days and would continue the matter in hearing to June 1. At that time, if he had the certificate of code compliance and the vacant building file had been closed, she would recommend reducing the vacant building fee to $SOQ If he did not have a certificate of code compliance, she would recommend the entire fee of $1,070 be approved.