09-150WITHDRAWN 10/21/09 Council File # � 9'��
Green Sheet # 3062842
--f�F, SOLUTION
OF SAINT�AUL, MINNESOTA
by
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Wf�REAS, DejTa�tp e�/of Safety and Inspections has requested the City Council to
hold public fiearings to consider the advisability and necessity of ordering the repair or wrecking
and removal of a two and one-half story, wood frame, multi-unit dwelling with a wood,
accessory shed located on property hereinafter referred to as the "Subj ect Property" and
commonly known a's.288 FORBES AVENUE. This property is legally described as follows, to
wit:
WHITACRE BRISBINE AND MULLENS SUBDIVISION ETC. E 40 FT OF LOT 55
WHEREAS, based upon the records in the Ramsey County Recarder's Office and
information obtained by Department of Safety and Inspections on or before August 4, 2008, the
following are the now known interzsted ar responsible parties for the Subject Property:
Mortgage Electronic Reg System/Co Wells Fazgo Bk MAC 07801013, 3476 Stateview Blvd,
Fort Mill, SC 29715; Jeremy Hamann,'c/o Wells Fargo Bank, 1 Home Campus, Des Moines, IA
50328; Reiter & Schiller, 25 N. Dale St, �" Floor, St. Paul, MN 55102; West Seventh/Fort
Road Federation. '�
�'�
WHEREAS, Deparhnent of SaFety and f�spections has served in accordance with the
provisions of Chapter 45 of the Saint Paul Legislatzve Code an order identified as an"Order to
Abate Nuisance Building(s)" dated October 9, 2008; and
WHEREAS, this order informed the then kno�
structure located on the Subject Property is a nuisance
WHEREAS, this order informed the interested or res
or demolish the structure located on the Subject Property by
ed or responsible parties that the
s) pursuant to Chapter 45; and
parties that they must repair
er 7, 2008; and
WHEREAS, the enforcement officer has posted a placard on the Subject Property
declaring this building(s) to constitute a nuisance condition; subject�t� demolition; and
WHEREAS, this nuisance condition has not been corrected and Deparhnent of Safety
and Inspections requested that the City Clerk schedule public hearings befbre the Legislative
Hearing Officer of the City Council and the Saint Paul City Council; and `,
WHEREAS, the interested and responsible parties have been served noti�,e in accordance
with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, �ate, place and
purpose of the public hearings; and
`
.`
WHEREAS, a hearing was held before the Legislative Hearing Officer of the SainY, Paul
City Council on Tuesday, January 13, 2009 to hear testimony and evidence, and after receaving
testimony and evidence, made the recommendation to approve the request to order the interested
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or responsible parties to make the Subject Property safe and not detrimental to the public peace,
ealth, safety and welfare and remove its blighting influence on the community by rehabilitating
th structure in accordance with all applicable codes and ordinances, or in the alternative by
dem ishing and removing the structure in accordance with all applicable codes and ordinances.
The re bilitation or demolition of the structure to be completed within fifteen (15) days after
the date o the Council Hearin�; and
WHE AS, a hearing was held before the Saint Paul City Council on Wednesday,
February 4, 20 and the testimony and evidence including the action taken by the Legislative
Hearing Officer wa considered by the Council; now therefore
BE IT RESOL�D, that based upon the testimony and evidence presented at the above
referenced public heanngs��the Saint Paul City Council hereby adopts the following Findings and
Order conceming the Subjec��Property at 288 FORBES AVENUE.
1
2.
3.
That the Subject F
Legislative Code,
That the costs of demolit
five thousand dollars ($5
comprises a nuisance condition as defined in Saint Paul
45.
and removal of this building(s) is esrimated to exceed
That there now exists and has ez�
violations at the Subject Property.
4. That an Order to Abate Nuisance
responsible parties to correct the
building(s).
multiple Housing or Building code
5. That the deficiencies causing this nuisance
s) was sent to the then known
�s or to demolish and remove the
have not been corrected.
b. That Department of Safety and Inspections has post' a placard on the Subject
Property which declares it to be a nuisance condition�' , bject to demolition.
�
k
7. That this building has been routinely monitored by Dep ' ent of Safety and
.
Inspections, Vacant/Nuisance Buildings. `t.,
�
.
8. That the known interested parties and owners are as previousl tated in this
resolution and that the notification requirements of Chapter 45 ha�e been fulfilled.
•'� '
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The Saint Paul City Council hereby makes the following order:
The above referenced interested or responsible parties shall make the Subject Propert�
safe and not detrimental to the public peace, health, safety and welfare and remove its
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blighting influence on the community by rehabilitating this structure and correcting all
deficiencies as prescribed in the above referenced Order to Abate Nuisance Building(s) in
accordance with all applicable codes and ordinances, or in the alternative by demolishing
and removin� the structure in accordance with all applicable codes and ordinances. The
r�habilitation or demolition and removal of the structure must be completed within
fiffeen (15) days after the date of the Council Hearing.
2. If the ab�e corrective action is not completed within this period of time Department of
Safety and`I�spections is hereby authorized to take whatever steps are necessary to
demolish and�remove this structure, fill the site and charge the costs incurred against the
Subject Property p� rsuant to the provisions of Chapter 45 of the Saint Paul Legislative
Code. ,
3. In the event the building�s to be demolished and removed by the City of Saint Paul, all
personal property or fixtui� of any kind which interfere with the demolition and removal
shall be removed from the p' \ erty by the responsible parties by the end of this time
period. If all personal propert ; s not removed, it shall be considered to be abandoned
and the City of Saint Paul shall r�ynove and dispose of such property as provided by law.
4. It is further ordered, that a copy of th�
parties in accardance with Chapter 45
be mailed to the owners and interested
Saint Paul Legislative Code.
Yeas Nays Absent
Bostrom
Carter
Harris
Helgen
Lantry
Stazk
Thune
Adopted by Council: Date
Adoprion Certified by Council Secretary
By:
Approved by Mayor: Date
By:
�
Reques[ed by Deparhnentof: �
Safety and Inspections \
Code Enforcement / Vacant Buildings ���
BY� �
�'�
��
.�
Form Approved by City Attorney �
\
By:
�
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Form Approved by Mayor for Submission to Council �
\�
By: �
.�
� Green
Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
n ti� I�
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DepartmenUOffice/Council: Date Initiated: � �
S � _Dept.ofSafety&Inspections o�NO„-0$ Green Sheet NO: 3062842
ConWCt Person & Phone: Department Sent To Person Initial/Date
BobKessler o cossafe �&tns 'ons 0
266-9013 1 e t atSateN & Ins ections De artment Director
Assign 2 itvAttoroev � I
Must Be on CounCil Agenda by (Date): Number
04-FEB-09 For 3 a ar'sOffice MavodAssistant
Routing 4 ounci! 0
Doa Type: RESOLUTION Order 5 itv Clerk Ciri Clerk
E-DowmeM Required: Y
Document ConWct:
Contact Phone:
ToWI # of Signature Pages _(Clip All Locations for Signature)
Action Requested=
City Council to pass this resolution which will order [he owner(s) to remove or repair the referenced building(s). If the owner fails to
comply with the resolution, the Department of Safery and Inspecrions is ordered to remove the building. The subject property is
located at 288 FORBES AVE .
Recommendations' Approve (A) or Re�ect (R): Personal Service Contracts Must Answer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contrad for ihis depaRment?
CIB Committee Yes No
Civil Service Commission 2. Has this person/frm ever been a city employee?
Yes No
� 3. Does this person/firm possess a skill not normally possessed by any
current city empfoyee?
Yes No
6cplain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacan[ building as defined in Chapter 43 of the Saint Paul
Legislarive Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to
repair or remove the building at 288 FORBES AVE by November 7, 2008, and have failed to comply with those orders.
AdvanWges If Approved:
The City will eliminate a nuisance.
Disadvantages If Approved:
Tbe City will spend funds to wreck and remove this building(s). These costs will be assessed to the proper[y, collected as a special
assessment against the property taxes.
A nuisance condirion will remain unabated in the City. This building(s) will continue to blight the community.
Disadvantages If Not Approved:
A nuisance condirion will remain unabated in the Ciry. This building(s) will continue to blight the community.
Total Amount of CostlRevenue Budgeted: ne
Trensaction: _ =�1i1��
Fundiny source: Nuisance Housing Abatement pctivity Number: 001-00257 '' ��
Financialinformation: `�La�C -� ! {���
(Explain)
�, t� 1, i!' t. � � . �, ���
November 6, 2008 1029 AM Page 1
1
SUMMARY FOR PUSLIC HEARING �
288 Forbes Avenue
Legislative Hearing — Tuesday, January 13, 2009
City Council — Wednesday, February 4, 2009
The building is a two and one-half story, wood frame, multi-unit dwelling with a detached wood
accessory shed, on a lot of 4,792 squaze feet.
According to our files, it has been a vacant building since November 13, 2007.
The current property owner is Wells Fargo Bank, per AMANDA and Ramsey county property
records.
The city has had to board this building to secure it from trespass.
There have been five (5) SUMMARY ABATEMENT NOTICES since 2007.
There have been seven (7) WORK ORDERS issued for:
- Boarding
- Removal of snow and ice
On September 9, 2008, an inspection of the building was conducted, a list of deficiencies which
constitute a nuisance condition was developed and photographs were taken. An ORDER TO
ABATE A NUISANCE BUILDING was posted on October 9, 2008 with a compliance date of
November 7, 2008. As of this date this property remains in a condition which comprises a
nuisance as defined by the legislative code.
The Vacant Building registration fees are paid. (Good thru 11/13/09)
TaYation has placed an estimated market value of $60,000 on the land and $360,000 on the
building.
As of January 12, 2009, a Code Compliance inspection has not been completed.
C of O Team Inspection completed 7/14/08.
As of January 12, 2009, the $5,000.00 performance bond has not been posted.
Real Estate taxes are current.
Code Enforcement Officers estimate the cost to repair this structure is $100,000 to $125,000.
The estimated cost to Demolish is $9,600 to $12,600.
DSI, Division of Code Enforcement Resolution submitted for consideration orders the property
owner to repair or remove this structure within fifteen (15) days, if not the resolution authorizes
the Division of Code Enforcement to demolish and assess the costs to the property.
DEPARTMEN'1' OF SAFEIY AND INSPECTIONS
Ricfiard Lippert, Manager of Code Enjorcemenr /� /��
v/ I
CITY OF SA1NT PAUL 375Jac6ort Street, Sui�a 120
Sainf Pau{ MN551Q7-1803
Cdristopher B. Ca7em¢x, Mayor
�
November 7, 2008
NOTICE OF PUBLIC H�,ARINGS
Council President and
Members of the City Council
Telephane: 651 d66-7 900
Facsimile: b5l-166-1919
Web: wwwsmautrov/dsi
Department af Safety and Inspections, VacanUNuisance Buildings Enforcement Division has
requested the City Council schedule public hearings to consider a resoludon ordering the repair
or removal of the nuisance building(s) located at:
288 FORBES AVE
The City Council has scheduIed the date of these hearings as follows:
I.egislarive Hearing — Tuesday, January 13, 2009
City Council Hearing — Werinesday, February 4, 2009
Ttie owners and responsible parties of record are:
Name and Last Known Address
MERS
c/o Wells Fargo Bank — Foreclosure Dept
MAC 07801013
3476 Stateview Blvd
Interest
Fee Owner
Fort Mill, SC 29715
Jeremy Haznanzt
cJo Wells Fargo Bank NA
1 Home Campus
Des Moines, IA 5032$
Reiter & Schiller, PA
25 N Date St, 2nd Fl
St. Paul, MN 55102
Stated Fee Owner
Foreclosure Attomey
West SeventU/Fort Road Pederation
I}istrict Council Contact
betty@fortroadfederation. org
Aa Affu�mative Action Equal Opporiurriry Employer
288 FORBES AVE
November 7, 2048
page 2
The legai description of this property is:
�9-lro
WHITACRE BRISBINE AND MULLENS SUBDIVISION ETC. E 40 FT OF T.OT 55
With the foilowing Historic Preservation informarion:
District: _ Building Name: house Inventory #: RA-SPC-1292
The Department of Safety and Inspections has declazed this building(s} to constitute a"nuisance"
as defined by Legislative Code, Chapter 45. The Deparhnent of Safety and Inspecfians has
issued an order to the then known responsible parties to eiiminate this nuisance condition by
correcting the deficiencies or by razing and iemoving this bnilding(s).
The property was re-inspected on November 7, 2008. There was no compfiance and the nuisance
condition remains unabated, the coaununiry continues to suffer the blighting influence of this
property. It is ihe recommendation of the Depaz[ment of Safety and Inspections that the City
Council pass a resolution ordering the responsibie parties to either repair, or demolish and
remove this building in a timely manner, and failing that, authorize the Department of Safety and
Inspections to proceed to demolition and removal, and to assess the costs incurred against the
real estate as a special assessment to be collected in the same maimer as ta�ces.
Sincerely,
Steve Magner
steve n�zag�er
Vacant Buildings Manager
Deparhuent of Safety and Inspections
3M:nm
cc: Chad Staul, City Attomeys Of&ce
Mary Erickson, Assistant Secretary to the Council
Cindy Carlson, PED-Housing Aivision
Nancy Homans, Invest St. Paul
District Council — Commumty Organizer
pubhrng60183 9/08
DEPARTMSNT OFSAFETY ANDINSPECTIONS
Dick Lippert Manager of Code Enfo
CITY OF SAIN I' PAUL
ChristapherB. Coleman, �Ltayor
Nuisance Building Enforceraent
a y-i�
October 09, 2008
1600 YVhite Bear Ave N
Sasnt Paul, _M_N55106
www.stpauZ.gov
Mortgage Electronic Reg System/Co Wells Jeremy Hamann
Fargo Bk NIAC 07$01013 c/o Wells Fargo Bank NA
3476 Stateview Blvd 1 Home Campus
Fort Mill SC 29715-7203 Des Moines, IA 50328
Reiter & Schilier, P.A.
25 North Dale Street, 2 Floor
St. Paul, MN 55102
Order to Abate Nuisance Building(s)
Dear : Sir or Madam
Te1 (651J 266-I900
Fc�r� !651� 266-1926
The Vacant/Nuisance Buildings Unit, Department of the Department of Safety and
InspecYions, Division of Code Enforcement, hereby declares the premises located at:
288 FORBES AVE
With the following Historic Preservation information:
District: _ Building Name: house Inventory #: RA-SPC-1292
and legally described as follows, to wit:
WHITACRE BRISBINE AND MULLENS SUBDNISION ETC. E 40 FT OF LOT 55
to comprise a nuisance condition in violation of the Saint Paul Legislative Code, Chapter
45.02, and subject to demolition under authority of Chapter 45.11.
On September 09, 2008, a Building Deficiency Inspection Report was compiled and the
following conditions were observed.
This list of deficiencies is not necessarily all the deficiencies present at this time.
As flirst remedial action, a Code Compliance Inspection must be obtained from
the Building Inspection and Design Section, 8 Rourth Street East, Suite 200,
Commerce Building (651)266-9090. That inspection will identify specific defects,
necessary repairs and legal requirements to correct this nuisance condition. You
may also be required to post a five thousand dollar ($5,000.00) performance
bond with the Building Inspection and Design Office before any permits are
issued, except for a clemolition permit.
AA-ADA-EEO Employer
October 9, 2008
288 FORBES AVE
pa�e 2
p q��5�
This building(s) is subject to the restrictions of Saint Paul Ordinance Chapter 33.03
and shall not again be used for occupancy until such time as a Certificate of
Compliance or a Certificate of Occupancy has been issued.
This is a nvo and one-half story, wood frame, muiti-unit dwelling with a wood
accessory shed.
There is a deYeriorated roof cover; missing flashing, deteriorated open
caulking.
2. There are deteriorated interior sashes.
3. There is rotted trim boards and rim joist.
4. There are missing or damaged screen windows.
5. The foundation needs tuck pointing.
6. There is unapproved exterior electrical wiring.
7. There is chipped/peeling paint.
8. There are rot damaged eaves.
9. The exterior stairs to the 2" floar level have damaged, deteriorated treads.
10. There is rofted window and door trim and framing.
11_ There is rot damaged, open wali.
12. There is a boarded window.
13. There is a lack of water service.
General
The dwelling was condemned by the Fire Inspection Division on November 8,
2007. Details of the deficiencies are listed below:
DEFICIEIVCY LIST
1. BASBMENT - MSFC 901.6 - The fire sprinkler system must be maintained in a
operative condition at all Yimes, replace or repair where defective. All work must be done by a
licznsed contractor under a permit. -Sprinklers over furnace due not appear to be properly
installed.
2. BASEMENT - MSFC 901.6 - The sprinkler system does not appear to properly protect
the hazard. Contact a fire sprinkler contractor to provide calculation and/or remedies to
October 9, 2008
288 FORBES AVE
page 3
Oq-150
properly protect the hazard. Provide written documentation to this off:ce. All sprinkler work
must be done by a licensed contractor under permit. -Pendant heads are installed in an upright
position.
3. LAL'tiDRY ROO�VI - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the doar in good
condition.
4. LAIJNDRY ROOM - MFGC 404.12 - Provide leak tight caps or plugs on disconnected
or unused gas lines.
5. LAUl�'DRY ROOM - SPLC 34.11 (4), 3434 (1), MPC 4515, MPC 326 - Connec± or ca�
the sewer piping in accordance with the plumbing code.
6. LTNIT 1- SPLC 34.10 (5), 34.33 (4), 34.16 - Provide and maintain interior in a clean and
sanitary condition.
7. LTNIT 2- SPLC 34.12 (2), 34.35 (1) - Repair and maintain all required and supplied
equipment in an operative and safe condition. -Repair or replace the mini blinds.
8. LJNIT 2- SPLC 34.10 (5), 34.33 (4), 3416 - Provide and maintain interior in a clean and
sanitary condition.
9. i1NIT 2- SPLC 3410 (7), 34.33 (6) - Repair and maintain the floor in an approved
inanner. -Repair or replace the floor tile where broken.
10. LTNIT 3- SPLC 34.09 (3), 3432 (3) - Repair and maintain the window locks where
missmg.
ll. LJNIT 3- SPLC 34.12 (2), 3435 (1) - Repair and maintain all required and supplied
equipment in an operative and safe condition. -Bathroom fan is broken.
12. LJNIT 3- SPLC 3410 (5), 3433 (4), 3416 - Provide and maintain interiar in a clean and
sanitary condition.
? 3. LTNIT 3- SPLC 34.10 (7), 3433 (6) - Repair and maintain the floor in an approved
manner. -Repair or replace the carpeting.
14. UNIT 3- SPLC 34.09 (3) i- Provide and maintain an approved one-inch throw single
cylinder deadbolf lock. -Rear entry door.
15. LTNIT 4- MSFC 605.6 - Provide electrical cover plates to all outlets, switches and
junction boxes where missing or broken.
16. iJNIT 4- SPLC 34.09 (3), 34.32 (3) - Repair and maintain the door in good condition. -
Door is rotted.
October9,2008
288 FORBES AVE
page 4
�q-i�o
17. U?vIT 4- SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window locks where
missmg.
I 8. L�i IT 4- SPLC 34.10 (3), 34.33(2) - Repair or replace the damaged b ardrail in an
approved manner.
19. SPLC 34. i 1(7), 3434 (4) - Provide additionai approved containers or additional pick-
ups to meet tenant trash demands.
�0. SPLC 3411 (8), 34.34 (4) - Provide approved garbage containers impervious to weather.
21. SPLC 34.23, MSFC 110.1 - This occupancy is condemned as unfit for human habitation.
This occupancy must not be used until re-inspected and approved by this office.
22. SPLC 39.02(c) - Complete and sign the provided smoke detector affidavit and return it
to this office.
23. Provide the inspector with a completed and si�ed Residential Occupancy Affidavit.
24. SPI,C 34.10 (6), 34.33 (5) - Exterminate and control insects, rodents or other pests.
Provide documentation of extermination.
ORDER:
Repair the structure to a habitable condition.
This structure is a registered vacant building that must have a Code ComQliance
Certificate before the structure may be occupied. Obtain a Code Compliance
Certificate from the Department of Safety and Inspections. You may contact Jim
Seeger at D.S.I., 651-266-9016, for a code compliance inspection, permits, and
issuance of Code Compliance Certificate. Under Chapter 33.03 of the Saint Paul
Legislative Code, failure to obtain a Code Compliance Certificate hefore
occupying the structure may result in issuance of criminal suminonses.
As owner, agent or responsible party, you are hereby notified that if these deficiencies and the
resuiting nuisance condition is not corrected by November 07, 2008 the Department of Safety
and Inspections, Division of Code Enforcement, will begin a substantial abatement process To
demolish and remove the building(s). The costs of this action, including administrative costs
and demolition costs will be assessed against the property t�es as a special assessment in
accordance with law.
As first remedial acrion, a Code Compliance Inspection Report must be obtained from the
Building Inspection and Design Section, 8 Fourth Street, SuiYe #200, Commerce Building,
(651)266-9090. This inspection will identify specific defects, necessaxy repairs and legal
requirements to correct this nuisance condition.
October9
288 FORBES AVE p� �
page 5 � I �
As an owner ar responsible party, you ase required by law to provide full and complete
disclosure of this "Order to Abate" to all interested parties, all present or subsequent renters and
any subsequent owners. If you sell, transfer, or convey in any manner, the ownership or
responsibility for this property you must within seven (7) days, notify the Enforcement Officer
with the names and addresses of any new owners or responsible parties.
The Enforcement Officer is required by law to post a piacard on this property which declares it
to be a"nuisance condition", subject to demolition and removal by�he City. This placard shall
not be removed without the written authority of the Department o£ Safety and Inspections,
Division of Code Enforcement. The department is further required to file a copy of this "Order
tc �bate" with the Ciry C:erk's Office.
If corrective action is not taken within the Yime specified in this order, the Enforcement Officer
will notify the City Councii that abatenient action is necessary. The City Cierk will then
schedule dates for Public Hearings befare the City Council at which time testimony will be
heard from interested parties. After this hearing the City Council will adopt a resolution stating
what action if any, it deems appropriate.
If the resolution calls for abatement action the Council may either order the City to take the
abatement action or fix a rime within which this nuisance must be abated in accordance with the
provisions of Chapter 33 of the Saint Paul Legislative Code and provide that if corrective action
is not taken within the specified time, the City shall abate this nuieance. The costs of this
action, including administrative costs will be assessecl against the property as a special
assessment in accordance with law.
If you have any questions or request additional information please contact Dennis Senty
between the hours of 8:00 and 930 a.m. at 651-266-1930, or you may leave a voice mail
message.
Sincerely,
Steve Magner
Vacant Buildings Program Manager
Division of Code Enforcement
cc: Mary Erickson - Council Research
Cindy Cazlson - PED Housing
Amy Spong — Heritage Preservation
ota60135 12/07
Steve Magner-2b0811031b0839975.
BSD TABLZATION FOR: Q-27395-5
DEMO OF 288 Forbes Ave
DSI
BUYER: NiARK EVA.\�GEi.IST "1�+.��
BID OPENI?iG DATE. OCTOBER 3Q 2008
Buberl Recycling
Robert Buberl
651-439-8393 ,� 77,243.00
Buelow Excavating
John Buelow
651-436-5326 � 14,796 00
Creative 5ervices
Richazd Kosman
651-436-3161 $ 23,720.00
DMD Services
Kerry Barna
651-982-6922 $ 17,46750
Fitol Hintz
Jamic Hintz
651-645-9321 $ 9,740.00
Fxattalone Co
Nick Frattalone
651-484-0448 $ 18,355.00
Hawkins Tree
Mike Hawkins
652-445-I511 $ 9,100.00 0
KA Kamish
Brad Ensmde
457-3600 $ 17,630.00
tab/16(31(08ME/bm
D�i-1�
Ray Anderson
Ricnazd O:thmeyer
651-974?550 $ li,100.00
Rayco Excavating
Rory Matter
612-619-1487 $ 18,04i.00
TMS Construction
Todd Schmidt
952-226-6300 � 2Q000.00
US Boring
Tim Rosengxen
612-282-3616 S 27,999.00
Wruck Excavating
Tony Wr�ck
763-762-0871 $ 11,000.00
Page 2
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January 13, 2009 Legislative Hearing Minutes ���(�� Page 6
4. Ordering the owner to remove or repair the building(s) at 288 Forbes Avenue within fifteen
(15) days from adoption of resolution.
Leah Weaver, attomey with Reiter & Schiller, appeared on behalf of the property owner, Wells
Fazgo Bank. Ed Joluison appeared on behalf of the West Seventh/Fort Road Federation (the
"FederaUOn").
Mr. Magner stated the building was a two and one-half story, wood frame, multi-unit dwelling with
a detached wood shed on a lot of 4,792 squaze feet and had been vacant since November 13, 2007.
A C of O team inspection had been done on July 14, 2008, the vacant building registration fees
were current, and the $5,000 performance bond had not been posted. On September 9, 2008, an
inspection of the building was done and a list of deficiencies which constitute a nuisance condition
was developed. An order to abate a nuisance building was posted on October 9, 2008 with a
compliance date of November 7, 2008. To date, the property remained in a condition which
comprised a nuisance as defined by the Legislative Code. Ramsey County Taxation estimated the
mazket value of the land to be approximately $60,000 and the building to be $360,000. Real estate
taxes were current. Code Enforcement e'stimates the cost to repair the building to be approximately
$100,000 to $125,000. The cost for demolition was estimated to be approximately $9,600 to
$12,600. There had also been five summary abatements issued to this property since 2007, seven of
which went to work order: to secure the building and the City had to board the building to secure it
from trespass, boazding, and remove snow and ice. Code Enforcement recommends the building be
repaired or removed within 15 days. Mr. Magner presented photographs of the property.
Ms. Moermond asked how they became aware this was a vacant building. Mr. Magner responded
that Fire Prevention revoked the C of O and condemned the building as the property was vacant,
open to access, the utilities had been shut off, and the number of interior and exterior violations. He
noted that the previous owner was listed as JT Horizon who had a history of obtaining over-inflated
property appraisals in order to get financing and would then not manage ar maintain the properties.
Ms. Moermond asked for a report from Ms. Spong. Ms. Spong stated that this building was built in
1885 during the Victoria era and had been surveyed, a copy of which is attached to this report. The
property was located in the Invest St. Paul area and was a potential historic resource to the
neighborhood. She said that she believed it was originally built as a single-family dwelling and
then had been converted some time later.
Mr. Magner stated that the building was currently a four-unit building and had originally been built
as a single family or duplex. He said that the area was zoned RT2 which would allow for a four-
plex; however, the lot size was non-compliant.
Ms. Moermond stated that she had spoken with Rebecca Schiller, the attorney representing Wells
Fargo, several times concerning this property. Ms. Weaver stated that her client would like to sell
the property for approximately $2,000 to $3,000 to the Federation who would then rehab the
property. She was requesting time in arder for the Federation to obtain the necessary funding.
Mr. Johnson stated that they would like to de-convert the building into a duplex or single-family
dwelling. Mr. Magner suggested that once the building was gutted, they could request a code
compliance inspection, at the $138 fee, so that Mr. Seeger could address the exterior or any interior
issues. He said that his concern was that the current ordinance did not allow an exemption to the
January 13, 2009 Legislative Hearing Minutes
Page 7
sale of a Category III vacant building, although he was awaze there was discussion concerning an
amendment to the ordinance to a11ow for such an exemption.
Ms. Moermond stated that it was her information that the ordinance change was being worked on
and would be presented to the Council for first reading in the very near future. In order to give time
foF the ordinance change to come into effect, she recommended continuing the legislative hearing to
March 24 to obtain a progress report and the Council public hearing to April 15.