Loading...
06-440Suspension - 5/03/06 Councii File # 06-440 Crreen Sheet # 30 3 Q(p �� CITY Presented RESOLUTION SAINT PAUL, MINNESOTA Resolution Memorializing the Council Decision to Grant 30 Days for Completion of the Rehabiliation of the Nuisance Structure at I897 Feronia Avenue within 30 Days 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 WHEREAS, the City Counc9l adopted a resolution ordering the repau or removal of the nuisance buildings located at 1897 Feronia Avenue on October 19, 2005 in Council File #OS-947 WIiEREAS, the City Council granted a stay on November 16, 2005 in the implementation of this Order until January 13, 2006, based on a signed agreement reached between the property owner and the CiTy; and WHEREAS, the City Council received a stafFreport from its Legisiative Heazing Officer indicating that progress did not meet the terms of the settlement, and there were significant concerns about the owner's abiliTy to mange and finance the completion of this rehabilitation and the Council should, therefore, allow additional time for the completion of the rehabilitation only under strict conditions; and WHEREAS, the City Council conducted a public hearing on April 19, 2006, where it received the testimony of numerous neighbors and the area's district council that the progress on the rehabilitation was sporadic at best, that the neighborhood continued to experience this as a public nuisance, and that the neighbors and district council had lost their faith in the ability of the current owners to complete the rehabilitation; WFIEREAS, the City Council provided the owners the opportuniTy to present their revised plans at the Council meeting on April 26, 2006; now, therefore, be it RESOLVED, that the Saint Paul CiTy Council herewith formally vacates its stay on the order to remove or repair 1897 Feronia Avenue adopted on November 16, 2005 and gants a new stay of 30 days, commencing from the adoption of a new agreement, under the following terms: • A$7,500 performance deposit or bond be posted with the Office of License, Inspections and Environmental Protection (LIEP); • A sum equaling the maximum amount of the accepted bid for the roof repair shall be deposited in an account under the supervision of John Hughes, the owner's attomey; and • The owner must maintain the exterior properry and grounds in compliance with the City's Legislative Code with the understanding that a violation of this will result in summary abatement proceedings without further notice. • The owner must apply for and obtain permits for all rehabilitation work which requires permits; • If it becomes necessary to rent the property, the owner agrees to use a reputable tenant screening agency and observe the guidelines promulgated by the City's Crime-Free Multi-Housing Program within the Police Department; and be it RESOLVED, that this agreement is to be signed within 2 weeks of the adoption of this resolution and that the ageement requires the approval of the City Council. 1897 Feronia Avenue, Memorialization Resolution on Council Action Taken 4/26l06 v�-��� Yeas � Nays � Absent Benanav Bostrom Harris Helgen Lantry Montgomery Thune ✓ ✓ v ✓ ✓ Adopted by Council: Date �, o J� Adoption Certified by Co Secretary BY� //%ir�i�o�,c.�sdiz Approved by Mayor: Date: � "/ � By: �/'—� Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council � .�� �/�fi �. Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � LQ - Couecil Contact Person & Phone: Jay Benanav Must Be on Council /�qenda by Contract Type: RE�2ESOLUiION 03-MAY-06 � ' Assign Number For Routing Order Total # oF Signature Pages _(Clip PJI Locations for Signature) Green Sheet NO: 3030650 Depar6nent SentToPerson In"�tiallDate 0 ooncil 1 uocl arhn nt Dir 2 erk (.l' Clerk Memonlizing [he Councii Decision to Grant 30 Days for complerion of the Rehabilitation of [he Nuisance Sducture at 1897 Feronia Ave. wlthin 30 days � or Personal Service Contrects MustMswer the Following Planning Commission 1. Has this persoNfirtn e�er worked under a contract for this departmeM? CI8 Committee Yes No Ciul Service Commission 2. Has this persoNfirtn e�er been a city employee? Yes No 3. Does this persoNfirtn possess a skill not nortnally possessed by any curtent city employee? Yes No . _._ ..____._ Explain all yes answers on sepa2te sheet and attach to green sheet Inkiating Problem, lssues, OppoRUnity (Who, Wha; When, Where, Why): Advantages If ApProved: Disadvanha9es If Approved: DisadvanWges If NotApproved: fotal Amount of Trensaction: Funding Source: Fi�ancial l�fortnation: (Explain) Nlay 3, 006 9:16 PM CosURevenue Budgeted: Activiry Number: Page 1 ti f , u r1 L. J r1 LJ INTER-DEPARTMENTAL MEMORANDUM DATE: April 19, 2006 TO: Councilmember Jay Benanav ,y A�J� FROM: Mazcia Mcermond, Legislative Hearing Officer a City of Saint Paul City Council Research Center Room 310 City Hall Saint Paul, MN 55102 651 266-8570 D� . ��� RE: Progress Report and Recommendation on 1897 Feronia Avenue Rehabilitation April 19, 2006 Council Public Hearing A. PROGRESS REPORT This memo is intended to provide a progress report and recommendation on the rehabilitation of 1897 Feronia Avenue. The current status is that the time granted by the City Council for completing the rehabilitation expired January 13, 2006. This resulted in the forfeiture of the bond they posted and the red-tagging of the building. On February 7 Judy Hanson from the City Attorney's Office and I met with John Hughes, attorney for Mahmood Hassan, the owner and former resident of the property. Auring this meeting, Mr. Hughes indicated that Mr. Hassan's standards of rehabilitation may not be as high as those of the City. Additionally, he said that his client was over-extended financially, specifically, that he was "upside down" in half the mortgages for his 15 Saint Paul properties, and that he had been using equity from those properties to complete the rehab of 1897 Feronia. ConsequenUy, he indicated that if the City were to push the issue with 1897 Feronia Avenue, his client may be forced to file bankruptcy — which he argues would adversely affect the Ciry because 1897 Feronia would not be completed and the other 15 would fall into disrepair and possibly abandonment. In the weeks which followed our meeting with Mr. Hughes, both Judy Hanson and I were very occupied with litigation on another vacant building as well as new orders for remove or repair of buildings, so I apologize for the delay in the preparation of this report. What follows are are my comments and analysis categorized by the items the Council's considers in granting time to rehabi]itate buildings. I. Agreement with City, Dated November I6, 2005 The City Council adopted an agreement with Mr. Mahmood Hassan (attached with comments) which gave Mr. Hassan untii January 13, 2006 to complete the rehabilitation. There are four key areas where the terms of the agreement have not been met. First, the exterior of the property was not maintained in a code compliant manner. The City was obliged to shovel the walk on December 15, 2005 two days after a complaint was called in and the sidewalk was not yet cleared. Second, permits were not pulled for all work requuing permits and other work which will require permits had not been initiated as of January 26, 2006. The h areas are building, electrical and mechanical. Third, the outstanding citation to Mr. Hassan for work without a permit was required to be settled in this agreement. The settlement reached with the City Attorney's required that the terms of this agreement be met and the rehab completed, in order for the prosecution of the citation to be stayed. Finaliy, and most importantly, the rehabilitation was not completed. There is a substantial amount of work to be done according to the attached progress report to the Council dated January 26, 2006. 2. Condition ofBuilding Outlined below is the condition of the building at the time of the progress report. Note that work was ordered to cease after the progress report because the terms of the November 16 agreement with the City, a� y�o Progress Report on 1897 Feronia Avenue, Page 2 of 7 adopted in Councii File # OS-829, were not met. The summary focuses on those aspects of the rehabilitation which aze yet to be done, rather than items that have been completed. • a. Roof.� west side of dormer not property flashed; also west side lower soffit uneven and not to code. b. Exterior Walls: siding has many gaps and cracks allowing water in wall cavity, paint is very thin with many azeas where it can be seen through. c. Foundation.� east side open hole into the basement,. d. Flnors: some floor covering is missing, basement has holes in its floor. e. Interior Walls and Cezlings: I-hour fire rated wall between house and gazage has holes and parts of the 5/8" drywall aze missing. f. Windows: bay window not installed or flashed to code; 2" floor west side-too high to be egress window, 2 floor landing window needs to have tempered glass. g. Stairs: no handrail for rear exterior cement stairs. h. Doors: front door no drip cap and not installed to code, fire door between house and garage does not have a self-closin� device. i. Smoke Detectors: 2" floor front bedroom missing smoke detector. j. Gas and Heating: main gas valve needs to be replaced, gas union needs to be replaced, open duct supply must be capped or run to a register, flexible duct work needs to be replaced to code and with a permit, holes in plenum need to be properly patched with sheet metal, heat must be installed in 2 floor bathroom. k. Electrical: Permit signed off and closed, but inspector notes it appeazs more work is being done and no permit was pulled for that. 1. Plumbing: Inspector noted piumbing is not done. See 4/7/OS Code Compliance Inspection Report (page 3) for items which needed to be done to bring building up to code. m. Other: 1 floor bathroom is not complete, basement has junk spread all over the floor, the rear . east-side retaining wall is rotted and needs repair or replacement. In summary, the items ]isted above could, under normal circumstances, be done within a matter of b-8 weeks and the building be brought back into code compliance. However, past failure to complete these tasks does not bode well for them being completed in a timely fashion now. 3. Bond A$2,000 performance deposit for working on a dangerous, nuisance structure was posted with the City on September 15, 2605. The performance deposit was forfeited on January 24, 2006 when LTEP determined the terms of the Council Resolution staying the demolition and adopting the agreement for the building's rehabilitation were not met. Should the Council choose to stay the existing order to remove or repair, the Legislative Code now requires that a$5,000 performance deposit be posted. The Council may requue that a up to $10,000 be posted based on past failure. 4. Work Plan No work plan has been requested by the City as to how the project would potentially be completed, were the City Council to grant additional time. The work plan which was adopted as a part of the November 2005 settlement agreement was not followed. S. Financial Capacity • It is unclear whether Mr. Hassan has the financial capacity to complete this rehabilitation. The house itself is mortgaged in excess of $300,000, according to Mr. Hughes. 1lterefore, it is not likely that there is sufficient equity to finance the completion of the rehabilitation. As mentioned earlier, Mr. Hughes also indicated Mr. Hassan is "upside down" in about half of the mortgages on his 15 or so Saint Paul Ol�-��D Progess Report on 1897 Feroma Averme, Page 3 of 7 properties. Finaily, he also indicated that the possible demolition of 1897 Feronia Avenue has the potential to bankrupt Mr. Hassan. • 6. Competenee to ezecute work plan There aze a few areas of concem with respect to Mr. Hassan's competence to execute a work plan for this property's rehabilitation, including his history at this and other properties. Mr. Hassan has had a citation for working without a permit, as well as a couple of other citations for failure to maintain the exterior of a property and failure to post ownership. He has also lost the certificate of occupancy on 765 Edgerton Street for not completing repairs in a timely fashion. A note also appears in the LIEP database that he installed windows at 686 Bradley Street without permits. The attached pro�ess report denotes many problerns with the quality of the work at 1897 Feronia Avenue, as well. Mr. Hassan requested a meeting with Jim Seeger, the code compliance inspection manager in License, Inspections and Environmental Protection (LIEP), in which he wanted to learn in greater specificity what the City expectations are on this rehabilitation. As this meeting was requested after the January 13 deadline from the settlement agreement, it was not granted pending the outcome of the Council hearing on this matter. A memo from Mr. Hughes on this subject is attached. Mr. Hassan indicated to inspection staff that he has all of his buildings up for sale and that he plans on getting out of the business. He has 2 other registered vacant buildings at 603 E Lawson Avenue and 686 Bradley Street. No permits have yet been pulled for work on the Bradley property, and the code compliance inspection was completed on October 25, 2005. A building and electrical permit have been pulled on the Lawson property, and they are currently open. The other required permits far this project have not yet been pulled and the code compliance inspection in this case was completed on October 17, 2005. • B. RECOMMENDATION It is my recommendation that the Ciry Council grant additional time for the completion of this rehabilitation only under the following conditions. 1. The management of the rehabilitation will need to be taken over by a project manager working under contract with the owner. The project manager will need to be approved by the City. The project manager will assume all decision-making responsibility for the rehabilitation and will be given sufficient funds at the outset to finish the project. 2. The rehabilitation will need to be completed within 90 days. 3. The owner will need to post a$10,000 performance depositJbond. 4. The owner will agree to market and sell the property, under the auspices of the project manager, who shall obtain at least one appraisal to determine the property's minimum asking price. 5. Maintain the exterior properry and grounds in compliance with the City's Legislative Code with the understanding that a violation of this will resalt in summary abatament proceedings without further notice. 6. Apply for and obtain permits for all rehabilitation work which requires permits. If these conditions are not met within 2-3 weeks, I would recommend the Council not consider a second stay on the existing order to remove or repair. C. NEXT STEPS . The City Council will be conducting a public hearing on April 19, 2006 to consider its stay on the Order to Remove or Repair this properry. Of� -��f b Pro�ess Report on t 897 Feroma Avenue, Page 4 of 7 I have consulted with Judy Hanson from the City Attorney's Office, and we believe that it is advisable for the Council to formally vacate the stay it put into place on November 16, 2005. That action should be • memorialized by resolurion on the next available Council agenda. Should the Council wish to grant additional time for completing this rehabilitation, the Council could adopt a motion to that effect, noting its reasons and conditions. This acrion should be memorialized via the same or another resolution. If the Council acu to vacate the stay on the order to remove or repair, and does not put another stay into effect, the City may proceed to demolish the structures on this property, if there is no intervening appellate court action preventing them from doing so. Copy: Mahmood Hassan, 7735 Teal Road, Woodbury, MN 55125 John Hughes, Hughes & Costello, 1230 Landmazk Tower, 345 St. Peter St., St. Paul, MN 55102-1216 Judith Hanson, City Attorney's Office Steve Magner, Neighbarhood Housing and Property Improvement Jim Seeger, License, Inspections and Environmental Protection (LIEP) • • a�-��a Progress Report on 1897 Feronia Avenue, Page 5 of 7 Properties Owned by Mahmood U. Hassan: • 996 Albemarle: single family home, purchased 2004 for $I 15,000, owned with wife Sajda Hassan, , tases current, tota] market value 2006 $141,100. b8b Bradley Street: duplex, became a category 2 vacant building in June 2005, code compliance inspection 10-17-95, permit notes in LIEP file: 10/25/OS has new roof under valued permit and also new windows without permits. No permits pulled currently. RC MV $202,900 581 Case Avenue: rental duplex, purchased 2000 for $75,000, Loan Company — Fidelity, 8 complaints in 2005, TISH March 2006, 3/29/06 exterior complaint, present ownership uncleaz as Mohamed A Mohamed is listed as owner in some places and not in others (probably sale by contract for deed or the RC records haven't caught up yet, RC MV $243,100 759 Edgerton Street: triplex, some history of code problems, owners Mahmood and Sajida Hassan, RC MV $268,100, 12 permits 1995-2005 - 4 closed, 6 finaled, 1 expired, 1 withdrawn. 765 Edgerton Street: 5-unit apt bldg, some history of code problems through July 2005, RC MV $315,000, 11 permits 1995-2003: 5 finaled, 5 closed, 1 expired. C of O revoked September 2004-April 2005 for failure to make repairs. 970 Edgerton Street: duplex, purchased 1998 for $19,000, citation HO 085377 exterior shvcture and post ownership — found guilty; looks like it sold to Rapheal Mah'ece Carter of Mpls, possibly on contract for deed because name not showing up in all locations, RC MV $213,900. 1897 Feronia Avenue: Loan Company — Countrywide, purchased 1995 for $65,000, 08/22/2005: • Changed from Category 2 to Category 3 vacant building. 603 E. Lawson Avenue: duplex. Category 2 vacant building. Code compliance inspection 10/17/O5. Permits: open electrical and building permits. last sale 1995 for $32,523. RC MV 194,400 1505,1513, 1521 McAfee Street: 3 4-unit buildings, RC MV $997,500, criminal citation for failure to make repairs dismissed in late Mazch as the unit was vacated through eviction, purchased 2001 $850,000, possibly also owned by John E Brandt, 1336 Arcade, taxes current, medium size C of O list from Aug/Sep 'OS on complaint inspection, Wazd 6 547 E. Minnehaha Avenue: duple�c, purchased 2000 for $130,000, 2005 owner Frank Carter of Mpls (preciously Mahmood and Sajida Hassan) RC MV $223,600, permits: elec 12/6/OS inspected, plmg 1/5/05 finaled, 10 permits 1995-2004: 4 closed, 1 withdrawn, 1 expired, 4 finaled. 1165 E. Minnehaha Avenue: duplex, long history of significant code violations, purchased 2003 for $63,000, 6 permits between 1995-2000 — 4 finaled, 2 closed. 0 Sherburne (PIN # 362923230261): purchased 2001 for $49,000, apt 1-3 units 500 Sherburne Avenue: 8 units, some history of code violations, not too bad in 2005, has pulled permits in past, looks like a mechanical permit on gas (piping?) is still open, C of O inspections in Mazch and April list a number of violations, some of which could be characterized as life-safety. RC MV $440,000. 6 permits 2002 — 2003: 1 active mechanical, 5 finaled. • Outside of Saint Paul: 1861 Radatz, Maplewood, 5527 Golfview Ave N, Oakdale (homestead), 7735 Teal Road, Woodbury. Progess Report on 1897 Feronia Avenue, Page 6 Ot 7 Agreement Reached Between Mahmood Hassan and CiTy Regazding Rehabilitation of 1897 Feronia Avenue • Adopted by City Council on November 16, 2005 Moermond Follow-Up Comments in Italics I, Mahmood Hassan of 7735 Teal Road, Woodbury, Minnesota, am the ov✓ner of 1897 Feronia Avenue in Saint Paul. In order to receive consideration for the opportunity to complete the rehabilitation of 1897 Feronia Avenue, I have completed the following: 1. Applied for and received a Code Compliance Inspection from the Office of License, Inspections and Environmental Protection, which inspection report indicates the deficiencies in this building in need of correction to bring it into compliance with minimum property maintenance standards for the City of Saint Paul and the State of Minnesota; 2. Paid the annual vacant building registration fee on September 23, 2004; 3. Demonstrated to the satisfaction of the City's Legislative Hearing Officer that I have the financial capacity to complete the rehabilitation of this building; and 4. Demonstrated to the satisfaction of the City's Legislative Heazing Officer that I understand the scope of the rehabilitation necessary at the property. I further understand that I must, by the end of business on Friday November 1 l, 2005 complete the following: 5. Ensure that all delinquent real estate taxes are paid on this property; and 6. Settle the criminal citation (citation number 905177075) for making repairs without a permit (stay � ofprosecution if he paid $250 and met court ordered deadline for completion of rehabilitation 1/13/06, consistent with City agreement -- he did not and the CAO is prosecuting the cztation, probably scheduled for hearing 3 or 4` week in March); Further, I understand that I must also do the following during the course of the rehabilitation of 1897 Feronia Avenue: 7. Maintain the exterior property and grounds in compliance with the City's Legislarive Code and I understand that a violation of this will result in summary abatement proceedings without further notice (the City did need to shovel the walk on December I5, two days after a complaint was called in and the sidewalk was not yet cleared); 8. Apply for and obtain permits for all rehabilitation work which requires permits Permits: Building Permit Issued on 09/IS/2005.• 06/20/2005: No Action - site inspection. 08/18/2005: Need Added Permits - Stop work order, 09/08/2005: Need Added Permits �Tim Seeger Electrical Permit Issued on 09/19/2005 & Amended on 10/26/2005: Correction Letter - Jamie McNamara & Dan Jambor. Electrical Permit has been finaZec� but it looks as if more electrical work is being done. Plumbing /Gasfitting/Inside Water Piping Permit Issued 12/09/2005: — Bernie Arends; Plumbing work is not done as of I/26/2005. Mechanical 04/06/2005: Correction Letter - Z7xere are 2 furnaces installed here neither are code compliant. Both were installed withoutpermits and would never have passed any inspections. • Many changes reguired see the report sent to Jim. Ol/24/2006: Correction Letter - Some corrections made many more to make see Jims report. — Bill Daly Citation (#9051 7 70 75) approved 9/22/OS. Mahmood U. Hassan making roof repairs w/o permit. (Jim Seeger). Prosecution stayed on November 10, 2005 if 5250.00 fine paid and terms of �� '��0 Pm�ess Report on 1897 Feronia Avenue, Page 7 of 7 agreement with Ciry (adopted by City Council November 16, 200.i) met. . 9. Complete the rehabilitation of the properiy and obtain a Certificate of Code Compliance by January 13, 2006. Finally, I understand that if I meet the terms outlined above, I will be granted until January 13, 2006 by the Saint Paul Ciry Council to complete the rehabilitarion of this properry; and that if I do not complete items 5, 6, 7 and 8, the property may be subject to demolition as outlined in Saint Paul Council File # OS- 947. If the Ciry Council fails to act by November 16, 2005 to grant until January 13, 2005 for this rehabilitation, I am not bound by these terms. Lastly, I agree to not appeal the order outlined in Saint Paul Council File # OS-947 or seek other legal recourse against the City of Saint Paul regarding this property; and I agree to actively market and sell this property upon completion of the rehabilitation. If during the course of this endeavar I find it necessary to rent the property, I agree to use a reputable tenant screening agency and observe the guidelines promulgated by the City's Crime-Free Multi-Housing Program within the Police Department. • • • u r1 LJ p�l(:F, ()r LICL'NSC•.INSPLCiIONS AND E"NIILONMENTAL PROTFCTION 606 Ke_ce(tr, Uire<tar CZI'X O� SANT PAUL fJ�ruropl+ci B. (;olr�nan, Afayor COMMF.RCt," R(lf1.ULVG S FG!?fIl S[Rtl E[LSf. SW(G ZOO S� Pm.f. Mwresom Sstn�-la2q January 26, 200b THE SAINT PAUL CTTY COUNCII. Re: 1897 Feronia Avrnue Filc�#: 04 179617 VB3 PROGRESS REPORT �e following is a list of correction items that are not completed or are not up to Codc at the above-referenced address. The hoase was to be in compliance by Jauuary 13, 2UU6 per City Council Resolutioa No. OS-1076: SiJ[�DiD1G �� ���� teiryhonc: G51-2G6•9090 Fnr_<imile: 651-Zhb-y124 Web: w�w+.licpru i. 'The roof on the west side of the doimer is not properly flashed to Code. 2. The roof on nc� wcst side,lower soffit area, is vezy unevcn and not to Code. 3. The bay window on the side is not instalieci or flashed to Code. 4. The second floor west side, &ont window is too high off floor. 5. Thc front door has t�o drip cap and is not installcd to Code. 6. There is no handrail instailed at the rear exteziot, concrete stairs. 7. The eut side of the house has an open hole that goes into thc bascment. S. The sidin ; hds many gaps and cracks wluch allows water infi]tration into wall cauity. 9. Thc first floor bathroom is not complete. 10. Some of the floor covering is nussing. 11. The fire door between the house and garage is not install witl� a self-closing device. I2. The one hour fue rated wall betwcen house and garage has h�les and pa.cs of 5/S inch drywall are missing. 13. Thc basement floor has holes and junk spread al l over thc lloor_ 14. 'Che second floor, stair Ianding window has not been replaced with tempered glass. 15, The second floor, frant bedroom is missing a smoke detector. 16. The rear, cast side retaining wa11 is rottect. 17. The exterior painrina is very thin and you can see through ii in many areas where it was missed. AA-ADA-EEO Employec � % � � �C'�'� r c� .- !` �'�_� ;a °' i' • ]847 FERONIA AVEI��UE JAI�?UARY 26, 20U6 PAGE TWO ELECTRICAI_ o�-�v 1. The Elsctrical Permit has been finalyd bu[ u aapears �hat morc cJccrrical work is bring done. PLUMBING l. Plumbing is not done. HEATING • 1. 2. 3. 4. 5. 6. Main gas valvc nccds to be replaced. Thc gas union nceds to be replaced with black pipe union. The open duct from supply must be capped or run to a re;is[er. "Lhe flexibie duct work must be replaced with an approved duc[ connector �vith a perniit. The hotes in plenum must be pmperly patched �rich sheet metal. Hcat must bc installcd in thc sccond Iloor bathroom. Si cerely, � �J ames L. Seeger Code Compliance Officer J[.S:sla Attachmcnts • ■ k .., .., � .;�:<- ., � ��_ -�.... � ,, �z� �-: r' . - � y � ; Z � i �, �� >�� _ "` � f � . ,� � � Yaj � ���� 3, lf�F+p ( � �i F �� r� � � � � i '� i � 1 �'_ f � �;a-� r_n 2 1c,:'��.*... � , -�e 4 ?'r�t,� . �@"�..i ._ .,_ ; � , r'}, ' .!i'. �� � � 5 °7 'F '• � �g '; � '� . � . � � � r d�'[- 4 3�."s��2,. , . a � . ...:�.. . .' . ... �.�. . . . �: � _ .,., . •,�' ,_.��,� , � :. � . . . "- "r - ' �. � . _ � . . . . � . � . »F, ' �.> t _ . . . � .. . ��; � ... � _ . � rr ,_.. .. . � � � . .. .. . . . � _ ' � `�- ' , � r � � �' � "� � ���;$ „� � � � 3 �� ` `�� ' ' �." �� ��� i �• � ��� ` m � .�' ? - a. ��s^ — - ` ° � ° � " �+��„ � � < �} <. v � ° �"' c'��. a? �. - �� '-�_�,,. g a, _. � � � . --° _. �,= .z,.t=s F ' � 4 �� _ � . � . � ��� ,i .� > _ � i . . �, ��� , i _ � d � k �. : �". .. � .' . _ • �.:. :� ��. i . ,.� , �, � . � u . Y Bi n P ��. . a � ` � � /1 : . ° � q ��y� � . � � � xK � . � v' 'R�£ " � �1 . ` � �` ���. a : . .. . � . ', : i ' � i � y e 1 d i i ° . � f ' �� .� � � �_ � ;`� � ,�4 � � ' $ �z` _ , - � ,. ✓`'. � � �£� . Y . Y �v.. ss. � Y. .'� �AT. � �F�� � � � � . � �� . ��� � � �� .. . � �, y��, ��'�3�''� 4 ��.. . . . .. . �� � kY � �£ 5-�C _ ° t5v+ , .�: i 3%Y^. . � Cxk Y � :� s �:; � � ; . ;� '� "'� � � 1� ., °- �-'�, � '�_ .. �: � � " • � �—�°—,,:,�, +es� . � +' ���, - � ry�' � ,� � -' - I „� �, v ;' ,.�. ,e "- � �: ��.i :._: f; , � (; �. �ii� �' _ � L� ! C � ' `�} � , . ,.� �� frmi� :f` '� �'1�:� ..�s�� . � (� . I I � /,j ��> ; � � . � ' . .1', I�I I � '�I� � �� � J, . r t � i i: p _ ' i l � / n� k � � r I �� ��' � ! `t �t, �� � III'ill �({t. . �.y, + °��1�9.� � i ,� ae t : o �. ,' , f�:.;L � r L1 i r , w -'' ; � � .,. � . ., l 5.' eN y`;; � ;� ,� , �, ; 7, , ��� "'�, -� ' ° '� � ��� ' ��_w�, i, � � � "�:€ � x ." " b " 4 „ A 2 � � y '` � � , 't .. � G , . . Dl� -� y0 �'.. • ;. 4`an1�1 �r,J : f _. �' F. �i�ji�li ���� ���,1a.:� �r �„ � ��'�'+ � �''�it��� � �' ,, t l ��_ � . � ��� �� , Jj , ' t : 'I)�1 ,, _ �� , ''` ' + i � ti: � =� /� � � _-,- ._ :.. ''l. ��/' :�3 �> - C�yi�. �aR � )e ' r � 4 � > ,__ -�._ ,,,,�iiG..�:i!7 � Y� ��#�� a ty V � � � � . �.iT . � ���y��t � / ; F /I i' � � � - .,�� fi ��`� p sxl n�� s y / :: .�: s - -�v��r - dC ' k � �'� �� 7`�i r �1 � i � �� � �� �) f . . _ ._ _ '+1'A°'��' �'.�e�C�L ,, � � � � . . ` � F �t�''• � � . l � < � �- � � , � � f .-�� . � ��� 4 6 . t . 4y_ . �' � 6`T r'��` ^E i ��° 4 I� , r . � . .. . � ., �� . � �'�,V� ox, �, : v; 1 %� li � ap i � �� i:�—___. . �.'� ��S.Fi�;„�� '�� ;, t . ' ' , n�, �+-� i (tit`5 t� zj 5 � e .,,� ' _ . . V` �P'�' 45'� -iu, s e �--�..�.—,...� , x�5«'.��'+z«n'k"" ; �mr. x� �. e � � _ . . . ��� ��� ry �3 . / ,, - '..�Q���.1 '�X3 ? `l �� �a . ) . . � �i: � �„ ♦ �y -s',� £rt �iY � zH' u,sF°' �� ��I'..l E£ �Y'. � �`t _ ,; i '�ti ' C'r.1 � u R; iK` t�: _ -, ., _" �_ ___ ._ � � ...-.- �cKB� 6 _ � � ' ���'���� -' °j ��'��" � �it . ' � � "' -_ �_ . .� ����� E�� ��}� i � e � ,�;�� �� ��. A Y . n � � / � � , �, . . � ��,�.. ����u'�- �..� ✓ � i , . r� . V���a.� � �✓. � .° �meJr.��- ��l . y � » o r ,�,. . � � }� ` y� � �U- � _ �. � � �E � t_ ff/.�'� a '""v � �' . y s � I . `� jt � "v A; "�' � i � A � � � �. . �) r*'+�, / : k V � i z � m�� � ;! * , , ..�! � �,. P f Y� J i ; ,.. - � '� •' �. �� a`t..-'_,.:.- �_.. - _ - � t _ . ' -� .r--, r . ..-, s. �. _ � " — _ _�� : "' � � � .,. , . _ �, , v.— ... _ � � ;. Y�r ^ p f � �' 7 : -�:.. . �. . .. -��... -�,.. � �.. � � _.. . . . ,.-..�. i ... - .;4 . � -. . I � _ - 'V. ��+� l . �'� _ r .- u.d.�' � " �`a r . �� � a .. � i i { � _ � Y..0 ,,.�..F Fy -..,� •:`� i�� �� f _ !� { • � t � f r - . . �._ .-- � S ;,,.-��' _ � , � � ^ y , �� _ - � ,: _ �„ ` ` „ ;� i. � � °- , ". _ - _ �-. w ��.� -� - � d _ : � � _ � , _ ,. _: �. ... ,�:�,t,,� �� ,.�,.r ,� �� - � � -"° � = � � - „a _ , r i .r f, �' .�`.="��°+.i. � ; 3 �'� + �,�` v s� /. ;s _ ... . � _ r t ' ' 1 y' -.r .r'" �y ... ..CS � � � . � ...... � `T f" � T � °#� 1- E } �.. ,. x.'^� :rG� i` f� i� l r o t s ��� i"' � t "�' _ " " � � � �;dk� ..aV . �.Q � �d ?C . A a.. .1�� , .. �� . . l t� �F c . E : l (�� � _, ` / �_ � ! � f � ` : . �'- � ^--`=y ... �� > � ( �i / - i � . � t �-�� �.. �.. �� � -' �'�`` �. � •- £ a f �� "� d�/` �� � � {�` � � �'�' � ,. ��"` �. , . . �q. �.� _ _ . :3Y z a� £ . � ' � :- - >v �_ °' / . .:-r n,�•-' � x :�. � � ,<s . ""``+. I �r i: ��� � s� " �y, » y� <i .�, �.� 4- >?'" .�`; � Y'i : s: �� �e , �; l ) � /�-: `�.�; Ii � ' , _:"z.m,.. ���,; :. .._— „ .._. v! .. 5* Y ..J .: / .. . .. .. :w " J � � � . . /�� r ; :� -- �5;� �" � ` _. .. � . . ��c.'_ .. .. - ;>.c: � � .. . �, j �� .' - � >� > i t �': is i. E' i k � 14 ' s �- . �. . . � .. . ...1: -..:.: C �� ` _ e � � ��JM^: . f.� � � �: � �� � , t 7`r. `fE � '4mwz iex. . ..� .,_ � • � .. 3 ;�h ..� � � Yf� h � .�. f � �v{��� e✓ y . 4 Y - ��5+��}�^��'l� . z :,+ 9 `,�'' 'x F *�� � "�%.,}'.r » MsJ { }. F. S +"II' I' �h 5 � ^e �' c '�¢�:�'�41 �. 7 ,, t '� Ar_ t,:. ? ��� l } F � � � . .' �%f ^ �� � �� a � . 4�l �3'uq � � � : ` 1 � � rv �i' ' "^ `y '�` �� �v.-'�yY'S.'V2 e" T � � �[`'.� m T'�en-� y r � L �';� A p , J �������- � � � � � � '��Y 'Y^5 �. _ d.z'S'w.ry455v^.�1.-a �.s. ..�... .. �s �4����'°�����:' _ 03/UZl'1UU6 '1'HU 13:48 r'�9� 6511'1784'l8 Hug�es and Costello �JUU1/OU4 D� -� �� � HUGHES & COSTELLO ATTORNEYS AT LAW � 230 �AN DMARK TOW ERS 3a5 ST. PETER STREET 57.AAUL.M(NNESOTA 35�02-1216 TeLEpryONE(ESt)227-842> FAX(CS!)22)-e<28 JONN M. HUGHES March 2, 2006 V9A �ACSiMlLE Marcia Moermond City of Saint Paul Legislative Hearing O�cer 310 Cityr Hall 15 Kellogg Boutevard West Saint Paui, MN 557 02 RE: 1897 Feronia Avenue/Mahmood U. Hassan Dear Ms. Moermond: This letter is in response to our conversation of March 1, 2006, wherein i ca(led you as a follow- up to my cafi of about iwo weeks ago concerning having Jim Seeger, from the Inspections • Department, review with Mr. Ftassan those itertts that are incomplete regarding the City's Code Compliance Order. You intormed me that you have not instructed Mr. Seeger to meet with Mr. Hassan because Mr. Hassan failed to live up to the earlier agreement, the property is under a condemnation order, and Mr. Hassan's time has expired. You aiso stated you were working on a report for Councilman Benanav regarding the properiy and that you were gathering information and expected the report to be finished by the end of the week. Some of the information you indicated mighf be in the report is your tinding that Mr. Hassan owns 15 other properties in Saint Paul and he has not paid any of the real estate taxes for Iast year on these properties. 1 informed you that this was absolutely not true, and asked you to recheck your sources. Funher, you had a different opinion regarding our meeting of February 1, 2006, concerning how to proceed to resolve the issues surrounding 1897 Feronia. First of afl, as I have mentioned ear(ier, Mr. Hassan owns a number of properties in Saint Paui, hs is not behind in any of his tarces, and he has never missed a mortgage payment on any of his properties. ! state this because there seems to be a feeling among certain people in the City that Mr. Hassan is an equity stripper and ihis is, again, absolutely not true. Mr. Hassan has owned these properties for a number of years, and has been able to purchase more pr9periies because he had been abie to demonstrate to a number of mortgage companies that he has never missed a mortgage payment. Most tax payments are part of his mortgage payments. When we mef in your offics on February 1, 2006, I thought it was for the purpose of trying to determine how to resoive the repair issues on Feronia in light oE the fact that the inspection that was done on January 27, 2006, included a significant number of items which were not on the earlier Code Correction Report. As you know, I complained that the City moved the goal posts as Mr. Hassan was trying to make the corrections. • !n our meeting, I gave you information concerning the plumbing and heatirtg contractors who had worked on the property, and ! even attempted to call the heating contractor from your oifice 5�,5 u� u� �uub lxu 1�:4s r 5b ti51'L'G'184'L� ri11gIlE5 2AQ �OSLe110 • HUGHES & COSTELLO Marcia Moermond City of Saint Paul Legisla6ve Hearing Otfcer March 2, 2006 Page No. 2 �JUU3lUU4 v� � �� trying to determine why work for which Mr. Hassan had contracted, had not been completed. 1 also i�former3 you that the plumbing contrador had a plumber at the home thai morning to review the City's Iist to see why the repairs on that list were not dons when the repairs were initially reported as being completed. I also reported that the plumbing contractor stated ihat certain minor repairs could not be completed because the City was in the process of fixing the water line in front of the house and all of the repairs could not be completed untii the City finished its work. For your information, the City fiinished that work and all of the plumbing work has been compieted. Furthermore, ail of tfie heafing work has been completed. At our rrieeting, �ou were wel! aware that these piumbing and heating repairs were Contracted for and were be,ng Pinished as we spoke, or wouid be inspected or finished shortly. Despite this, you gave me no indication that this was not an appropriate way to proceed. When we discussed the building issues, you informed me that part of the problem with the new matters on the Ciiy's Correetion List concerned prior repairs that were done by Mr. Hassan. 1 • suggested that one of the ways to quickly resoive this problem was to have Mr. Hassan meet with J�m Seager from City inspections and have Mr. Seeger point out to Mr. Hassan what the code requires on an individual repair. At that time, you suggested that pictures could be taken. Because of this, I thought that we were working together to try and get this property repaired. As a result, 1 called .lim Seeger, told him about our meekrg and asked him to call you to verify that this was an acceptable procedure. 1 did not hear back from your oftice, nor Mr. Seeger, and that was the reason for my unreturned call to you two weeks ago. i now discover that Mr. Seeger has been instructed not to meet with Mr. Hassan at the house urrtii this matter is fufther discussed with the City Council. Despite not having met with Mr. Seeger, Mr. Hassan has continued to make improvements to the properiy, arid specifical�y, those which appeared on'the January 27` list, of which he was unaware unti! that list was given to him by me a�ter 1 obtained it from the Ciry in early February. There are items which still need to he comp)eted, and Mr. Hassan has not done so because he and I thought that we had reached a level of unders#anding with the City which would permit him to complete the repairs after receiving specific instructions from Jim Seeger as to the code requirements for the repairs. The itms remaining to be repaired in this properiy are not significant enough to warrant the City tearing it down, and, to do so, would be a travesry. in our conversation, you also mentioned that i told you that Mr. Hassan was upside down in his mortgage on the property, and tbat if the City tore the property down, it would have adverse effects on him financially and on his other properties. That is correct as it would cause Mr. Hassan to file bankruptcy, One of the reasons Mr. Hassan is upside down on his mortgage, is because the repairs have not been completsd and the house is under a condemnation order. While certain investors might be wiiling to purchase a house under condemnation, it would certainly be at a substantial discount, . and that discount would be sign'rficantiy below the amnunt of the mortgages on the property. The property could then not be Sold and would be forced to go into foreciosure or be torn down. Mr. Hassan is attempting to repair the property so that it can be soJd, so that he does s��» 03/02/2006 Tflt1 13:49 F:9� 6�1227842$ g�ghes an� Costello �oa� 004 Ol����D • HUGHES & COSTELLD Marcia Moermond City ot Saint Paul Legislative Hearing Officer March 2, 20Q6 Page No. 3 nofi suffer a significant loss, and so that he does not have to file bankruptcy. The praperiy, as you know, is tisted for sale with a locat real estate broker. E am askin� you to again consider what I thought was the workable agreement we had discussed m our meeting of February j, 2006, to allaw Mr. Hassan to work direcily with Ntr. Seeger to get the property aff the condemned list so that it can be sofd. Sincere�y, � M �I'r.a+ � John M. Hughes • JMHImn c_ Mahmood U. Hassan C�