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09-367AMENDED 4/1/09 Council File # CPi �� J Green Sheet # 3065760 Piesented RESOLUTION SAINT�,PAUL, MINNESOTA �9 1 WHEREAS, Department of Safety and Inspections has requested the City Council to 2 hold public hearings to consider the advisability and necessity of ordering the repair ar wrecking 3 and removal of a two story, brick and steel, commercial building located on property hereinafter 4 referred to as the "Subject Property" and commonly lmown as 1493 UNIVERSITY AVENUE 5 WEST, This properiy is legally described as follows, to wit: 6 LYMAN D. BAII2DS ADDITION E 5 FT OF LOT 20 AND ALL OF LOTS 21 22 AND LOT 23 BLK 5 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 36 37 38 39 40 41 WHEItEAS, based upon the recards in the Ramsey County Recorder's Office and information obtained by Department of Safety and Tnspections on or before August 18, 2008, the following are the now lrnown interested or responsible parties far the Subject Property: Rkl Landholdings Inc, Attn: Emad Abed, 110 Bank St. SE, Unit #1904, Minneapolis, MN 55414; Bayview Loan Servicing, LLC, 4425 Ponce De Leon Blvd, Caral Gables, FL 33146; Murnane Brandt, 30 East 7` St., Suite #3200, St. Paul, MN 55101; Sphimm Pro, 110 Bank St., Suite 1904, Minneapolis, MN SSll4; Hamline Midway Coalition. WHEREAS, Deparhnent of Safety and Inspections has served in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code an order identified as an"Order to Abate Nuisance Building(s)" dated November 24, 2008; and WHEREAS, this order informed the then Irnown interested or responsible parties that the structure located on the Subject Property is a nuisance building(s) pursuant to Chapter 45; and WHEREAS, this order informed the interested or responsible parties that they must repair or demolish the structure located on the Subject Property by December 24, 2008; and 4VHE12EAS, the enforcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subj ect to demolition; and WHEREAS, this nuisance condition has not been corrected and Department of Safety and Inspections requested that the City Clerk schedule public hearings before the Legislative Hearing Officer of the City Council and the Saint Paul City Council; and WHEREAS, the interested and responsible parties have been served notice in accordance with the provisions of Chapter 45 of the Saint Paul Legislative Code, of the time, date, place and purpose of the public hearings; and WHEKEAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, March 10, 2009 to hear testimony and evidence, and a8er receiving testimony and evidence, made the recommendation to approve the request to order the interested �-�� 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 or responsible parties to make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its blighting influence on the community by rehabilitating this structure in accordance with all applicable codes and ardinances, or in the alternative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolirion of the structure to be completed within fifteen (15) days after the date of the Council Hearing; and WI3EREAS, a hearing was held befare the Saint Paul City Council on Wednesday, April l, 2004 and the tesrimony and evidence including the action taken by the Legislative Heating Officer was considered by the Council; now therefore BE IT RESOLVED, that based upon the testimony and evidence presented at the above referenced public hearings, the Saint Paul City Council hereby adopts the following Findings and Order concerning the Subject Property at 1493 UNIVERSITY AVENUE WEST. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legslative Code, Chapter 45. 2. That the costs of demolition and removal of this building(s) is estimated to exceed five thousand dollars ($5,000.00). That there now exists and has existed multiple Housing or Building code violations at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then known responsible parties to correct the deficiencies or to demolish and remove the building(s). CQ 7. That the deficiencies causing this nuisance condition have not been corrected. That Department of Safety and Inspections has posted a placard on the Subject Property which declares it to be a nuisance condition subject to demolition. That this building has been routinely monitored by Department of Safety and Inspections, VacantlNuisance Buildings. That the l�own interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 4S haue been fulfilled. ••� � The Saint Paul City Council hereby makes the following order: The above referenced interested or responsible parties shall make the Subject Property safe and not detrimental to the public peace, health, safety and welfare and remove its �I- `�1�1 87 88 89 90 91 92 93 94 2. 95 96 97 98 99 100 3. 101 102 103 104 105 106 4. 107 blighting influence on the community �^.. ��'^�'�:';«„«:„.. «w;� ....,.,.,...-� .,..,, ,. e,..:.,,. ..ii � , _ � by demolishing and removing the structure in accordance with all applicable codes and ordinances. The ��atiea-e� demolition and removal of the shucture must be completed within fifteen (15) days after the date of the Council Hearing. If the above corrective action is not completed within this period of time Department of Safety and Tnspections 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 pursuant to the provisions of Chapter 45 of the Saint Paul Legislative Code. In the event the building is to be demolished and removed by the City of Saint Paul, all personal property or fixtures of any kind which interfere with the demolition and removal shall be removed from the property by the responsible parties by the end of this time period. If all personal property is not removed, it shall be considered to be abandoned and the City of Saint Paul shall remove and dispose of such property as provided by law. It is further ordered, that a copy of this resolution be mailed to the owners and interested parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Requested by Departtnent of: Safety and Inspections Code Enforcement l Vacant BuIldings By: Form Approved by City Attorney By: Adoprion Certifie3 by BY� / / /i/v1u Approved Date Secretary Form Ap�by Mayor for Submission to Council By: � Adopted by CouncIl: Date ��/j/��p�y � � Green Sheet Green $heet Green Sheet Green Sheet Green Sheet Green Sheet � �� 7 SI — Dept. of SaYety CoMact Person & Phone: Bob Kessfer 266-9013 Must Be on Council Agenda by (Date): 01-APR Dx. Type: RESOLUTION E•Document Required: Y Document Contact; ContaGt Phone: ua[e �muaaea: 07-JAN-09 Green Sheet NO: 3065760 � Assign Number For Routing Order Total # of Signa[ure Pages _(Clip All Locations for Signature) 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 resotution, [he Deparhnent of Safety and Inspections is ordered to remove the building. The subject properiy is located at 1493 UNIVERSITY AVE W. Recommentlations: Approve (A) or Reject (R): _ _ _ _ Plannirg Commission CIB Commitlee Civii Service Commission Personal Service Contracts Must Answer the Foifowing Questions: 1. Has ihis personlfirm ever worked uoder a cortract for this departmenC? Yes No 2. Has this personffirm ever been a city employee? Yes No 3 Does this pefsonlflrm possess a skiN frot normally possessed by any current city empioyee� Yes No Explain s0 yes answers on separate sheet aad attach to green sheet. lnitiating Problem, lssues, Opportunity (Who, What, When, Where, Why): This building(s) is a nuisance building(s) as defined in Chapter 45 and a vacant building as defined in Chapier 43 of the Saint Paul Legislarive Code. The owners, interested parties and responsible parties known to the Enforcement Officer weLe given an order to repair or remove the buitding at 1493 UNIVERSITY AVE W by December 24, 2008, and have failed to comply with those orders. Advantages If Approved: The City will eliminate a nuisance. Disativantages If Approved: The City will spend funds tn wteck and remove this building(s). These costs will be assessed to the properiy, collected as a special assessment against the pmperty ta}ces. A nuisance condirion w911 remain unabated in the City. This building(s) will continue to blight the community. DisadvanWges If Not Approved: A nuisance condirion wiil remain unabated in the City. This building(s) will continue to blight the communiry. Total Amount of CosURevenue Butlgeted: Transaction: Nuisance Housing Abatement q�ivity Number: 001-00257 Funding Source: Financial Information: (F�cplain) �� G �� January 7, 2009 2:08 PM Page 1 �y-��7 ➢EPARTYIENT OF SAFETY ANP I\SPECTIONS Richard Lippen, ManagerofCode Enforcemenf CI QF S A��,i. � 375 Jackson Street. Suile 210 L11tV x Sa€r,: Pau1, ,^..f'V 53101-?806 Chrirmpher B. Coteman. Mayor � January 9, 2009 NOTICE OF PUBLIC I�EARINGS Council President and Members of the City Council Telephor,e�651-?66-l900 Factimiie: 65l-266-1919 Web: www stppF�yovldsi P Department of Safety and Tnspections, VacantlNuisance Buildings Enforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair ar removal of the nuisance building(s) located at: 1443 UNIVERSITY AVE W The City Councit has scheduled the date of these hearings as follows: LegislaHve Hearing — Tuesday, March 10, 2009 City Councii Hearing— Wecinesday, April l, 2009 The owners and responsible parties of record are: Name and Last Known Address AKL Landhold'angs Inc Attn: Emad Abed 11 Q Bank St SE, Unit #] 904 Minneapolis, MN 55414 Interest Fee Owner Bayview Loan Servicing LLC 4425 Ponce De Leon Blvd Coral Gabies, FL 33146-1834 Mnmane Brandt 30 East Seventh Street, Suite #3200 St. Paul, MN 55] Ol Sphinz Pro ] 10 Bank St Suite 1964 Minneapolis MN SSi 14 Hamline Midway Coalition iwan�na hamlinemidwavcoaiition.org Mortgage Campany Attorney Interested Pariy District Council Contact An Affumative Action Equal Opportunity Employer D� ��7 1493 U?�IVERSITY AVE W January 9, 2009 page 2 The legal description of this progerty zs: LYMAN D. BAIRDS ADDITION E 5 FT OF LOT 20 AND ALL OF LOTS 2122 A�ND LOT 23 BLK 5 The Department of Safety and Inspections has declared this building{s) to consfitute a"nuisance" as defined by Legislative Code, Chapter 45. The Department of Safety and Inspections has issued an order to the then known responsible parties to eliminate this nuisance condition hy conecting the deficiencies or by razing and removing this huilding{s). The property was re-inspected on December 24, 2408. There was no compliance and the nuisance conditian remains unabafe3, tbe oomsnunity continues to suffer the blighting influence of this property. It is the recommendation of the Aeparknent of Safety and Inspections that the City Council pass a resolution ordering the responsible 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 reai estate as a special assessment to be collected in the same manner as tases. Sincerely, Steve Magner Steve Magner Vacant Buildings Manager Departrnent af Safety and Tnspecrions SM:nm cc: Chad Staul, City Attorneys Office Mazy Ezickson, Assistant Secretary to the Counci] Cindy Cazlson, PED-Housing llivision Nancy Homans, Invest St. Paul District Council — Community Organizer pubhmg60 i B3 9/08 0�-367 SUMMARY FOR PUBLIC HEARING 1493 University Avenue West Legislative Hearing—Taesday, March 10, 2009 City Council — Wednesday, Apri1 1, 2009 The building is a two-story, brick, commercial warehouse, on a Iot of 11,326 square feet. According to our files, it has been a vacant building since May 13, 2005. The current property owner is RKL Landholdings Inc., per AMANDA and Ramsey county property records. The city has had to board this building to secure it from trespass. There have been twenty-six (26) SUMNIARY ABATEMENT NOTICES since 20Q5. There have been twenty-nine (29) WORK ORDERS issued for: - Remova] of tall grass and weeds - Removal of improperly stored refuse and misc debris - Boarding - Remova] of graffiti - Removal of snow and ice On October 28, 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 November 24, 2008 with a compllance date af December 24, 2008. As of this date this property remains in a condition which aomprises a nuisance as defined by the legislarive code. The Vacant Building registration fees are paid. (Assessed 8/21/Q8, Good thru 5/13109.) TaYation has placed an estimated market value of $345,400 on the land and $240,300 on the building. As of March 9, 2D09, a Code Compliance inspection has not been completed. (C of O Team Inspection completed on June 4, 200� As of Mazch 4, 2004, the $5,000.00 performance bond has not been posted. Real Estate taxes are cument. Code Enforcement Officers estimate the cost to repair this structure is $1,000,000. The estimated cost to Demolish is $58,70Q to $68,700. DSI, Division of Code Enforcement Resolution submitted for consideration orders the property owner to repair or remove this structure within fifteen ( I S} days, if not the resolution authoxizes the Division of Code Enforcement to demolish and assess the cosfs to the property. Ta�c & Properiy Look Up Information - Structure Description Page 1 of 2 0�-�7 Home Site Map T� & Property Look Up Information - Structure Description Contad Us Home � � Information � � Property_ Look_Up � � Record look Up � � Gontact Us New ro RCttV Searc Back to S�arch_ Resuits Quick Inf4 Property.InfoCmatipn Taxpay�r N_am� and Address Value Information VaSue NSstorv Structure Description Saie Information Soeciai Assessments Pro�ertv Tax Payment Inf ormation P Pavment History 2048 Property Tax Statement Notice 2007 Property Tax StatementlYalue Notice 2006 Property Tax SkatementJV�lue Noti.4e > Structure Description Property Identification Number 34,29.23.23.0130 (PIN) Property Address 1493 University Ave W St. Paul 55104-3905 Commercial Property: Parcel Size .26 Acres Parcel Width Parcel Depth Land Use Code 48� Land Use Description C- Commerciai Warehouses # of Buildings 1 Building# B{dg Area # of Stories Year Built 1 18,880 2.00 1918 �905 P[operty Tax StatementlVaiue Notice http:llrrinfo. co.ramsey.mn.us/publicicharacteristic/Parcel. aspx?scrn=Dwelling&pin=342923... 3!9(2Q09 L7EPARTMENT OF S AFETY AND INSPECTIONS Richard Lippert, ManAge� ofCode Enforcemen! CTTY OF SAINT PAUL Chrismpher B Co(eman, Mayar 3�5 Jackson Street., Suite 220 Saint Pau[, MN 55701-18D6 Teiephone. 6i7-266-194Q Fa cs � m d e: 651-2 66-7 97 9 Web. v�wwst aul.2oi�/dsi November 24, 2008 Rkl Landholdings Inc Attn: Emad Abed ll 0 Bank St Se Unit 1904 Minneapolis MN 55414-3901 Bayview I,oan Servicing LLC 4425 Ponce De Leon Blvd Coral Gables, FL 33146-1839 Murnan Brandt 30 East Seventh Street, Suite #3200 St Paul, MN 55101 Order to Abate Nuisance Building(s) Dear Sir or Madam: The Vacant/Nnisance Buildings Unit, Department of the Department of Safety and Inspecfions, Division of Code Enforcement, hereby declares the premises located at: 1493 UNIVERSITY AVE W and legally described as follows, to wit: LYMAN D. BAIRDS ADDITION E 5 FT OF LOT 20 AND ALL OF LOTS 21 22 AND LOT 23 BLK 5 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 October 28, 2008, a Building Deficiency Inspection Report was compiled and the following condi6ons wese observed. This list of deficiencies is not necessarily all the deficiencies present at this time. 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. All repairs must be in accordance with appropriate codes. Changes or additions to the electrical system, mechanical system, or the plumbing system may necessitate updating or upgrading the systems involved. AA-ADA-EEO Employer Novembet24,2008 page 2 DEFICIENCY LIST CONDEMNED BUILDTNG - SPLC 34.23, MSFC 110.1- This occupancy is condemned as unsafe or dangerous. This occupancy must not be used until re- inspected and approved by this office. 09- �� ELECTRICAL - GENERAL - IFC 105.1 Permits-All electrical work must be done hy a licensed electrician and permits as it pertains. ELECTRICAL - C�ENERAL - SPLC 34.14 (2), 34.34 (5) - Provide an approved electrical service adequate to meet the buildings needs. This work may require a permit(s), ca11 LTEP at (651) 266-9490.-AT TIME OF INSPBCTION THERB WAS NO POWER TO THE BUILDTNG. SERVICE WAS DISCONNECTED ANA W1RE TAKEN OUT OF THE CONDUIT. 4. ELECTRICAL - GENERAL - NEC 230-13 - Provide for the elech service to be adequately sized to meet the needs of the occupancy type.-BUILDII�3G IS VACANT AND WE DO NOT NO THE TYPE OF OCCUPANCY, 5. ELECTRICAL - GENERAL - NEC 250-2 (a) (b) - Provide for the electrical system and equipment to be grounded. ELECTRICAL - GENERAL - SPLC 3412 (2), 34.35 (7) - Repair and maintain all required and supplied equipment in an operative and safe condition.-Provide for a licensed electrician to go over all electrical equipment, receptacies, switches, fixtures, panels and disconnects for power. No power at time of inspection. Many panels and disconnects have been tampered with and must be removed or put in working condition per the curtent electrical code. FTRE PREVENTION I EXTERIOR - SPLC 45.03(b) - All exterior surfaaes must remain free of any initials, marks, symbols, designs, inscriptions or other drawings, scratched, painted, inscribed or otherwise a£fixed. &. FTRE PREVENTION I EXTERIOR - SPLC 45.03 (6) - Cut and maintain the grass{weeds less than 8 inches tall. 9. FIRE PREVENTION I EXTERIOR - SPLC 3A.08 (1), 3431 (i) - All exterior property areas shall be maintained free from any accumulation of refuse, gazbage or feces. 10. FIRE PREVENTION { EXTBRIOR - SPLC 34.09 (3), 34.32 (3) - Repair and maintain tt�e window glass. 11. FIRE PREVENTION { EXTERIOR - REAR STAIRS - SPLC 34.09 (2), 3432(2) - Repair or replace the unsafe stairways, porch, decks or railings in an approved manner. This work may require a permit(s). Call LIEP at (651) 266-9090. November 24, 2008 page 3 12. FIRE PREVENTION f FIRE EXTINGUISHERS - MSFC 901.6 - Provide required annual maintenance of the fire exfinguishers by a qualified person and tag the fire extinguishers with the date of service. 13. FIRE PREVEi�iTION { INTERIOR - SPLC 3410 (5), 3433 (4), 34.16 - Provide and maintain interior in a clean and sanitary condition.-Clean up the bird droppings. � 14. FIRE PRBVBNT'ION ! TNTERIOR - SPLC 34.10 ('�, 3433 (6) - Repair and maintain the walls in an approved manner.-Paint the walls in areas that the paint is chipped or pealing. 15. FIRE PREVENTION / INTERIOR - SPLC 34.10 (7), 34.33 (6) - Repair and maintain the ceiling in an approved manner.-Paint the ceiling in areas where the paint is chipped or pealing. 16. FIRE PREVENTION ! INTERIOR - 2ISD FLOOR - MSFC 1010.1, 1003.2.10 - Provide and maintain approved directior�al exit signs. 17. FIRE PREVENTION i INTERIOR - MAIN FLOOR - MSFC 1010.3 - Provide and maintain approved external or internal lighting of the exit sign. 18. GENERAL - NFPA 13 8.153.1 Protection of Piping Against Freezing.-Provide for the temperature to be maintained at or above 40 degrees (F) to prevent sprinkler pipes from freezing. 19. GENERAL - MSFC 901.6 - Immediately repair and rehun the fire sprinkler system to service. All work must be done by a licensed contractor under permit.-Repair the broken sprinkier (water) pipe. This must be repaired. 20. GEI�TERAL - SPLC 34.23, MSFC 1101 - This occupancy is condemned as unsafe or dangerous. This occupancy must not be used unfil re-inspected and approved by this office. 2L GBNERAL 1 BUILDING USE - OCCUPANCY - SPLC 33.05 - Uncertified portions of the building must not be occupied until inspected and approved by this office.- Additional code requirements may be needed to be met depending on the use of the building. 22. MECHANICAL J 1 ST FLOOR FURNACE J ILLEGALLY INSTALLED - MN Rules 1300.0180 -�nmediately discontinue use of unsafe heafing appliance until repaired or replaced by a licensed contractor. This work may require a pernut(s). Call LIEP at (651) 266-9090. Red tags may not be removed except bp fire deparhnent inspector. 23. MECHANICAL f ALL BATHROOMS - SPLC 34.14 (3), MPC 4115.200.T - Provide and maintain a window or approved venrilation system in all bathrooms. Novem6er 24, 2�08 page 4 �f — ��o� 24. MECHANICAL 1 ALL GAS PIPING / GAS NIETER LOCKED CLOSED - MFGC 406.5.2 - Immediately repair or replace the leaking fuel equapment piping. This work may require a permit(s}. Call LIEP at (65l) 266-9090. 25. MECHANICAL 1 GAS PIPING - liMC 2213 (fl - Install proper hangers and support for the gas piping in compliance with the mechanical code. 26. MECHANICAL ! 5TEAM BOILER - IF NOT USED - MSFC 3404.2.13.2.3 - All steam boiler and related equipment which have been out of service at least 1 year shall be properly removed, unless tanks are tested in an approved manner and properly returned to service. (Permits}-If Steam Boiler is to be abandoned in place, all gas, elecirical and vent piping must be permanently disconnected from boilez. 2Z MECHANICAL 1 STEAM BOILER - TF NOT USED - SPLC 34.11 (6) - Provide and maintain a minimum of 65 degrees F in a11 habitable rooms at all times.-A legal and visible means of a permanent heating system must be installed. 28. MECHANICAL / STEAM BOILER - IF USED - SPLC 34.11 (6), 34,34 (3) - Provide service of heating facility by a licensed contractor wluch must include a carbon monoxide test. 5ubmit a completed copy of the Saint Paul Fire Mazshal's Existing Fuel Burning Equipment Safety Test Report to this office. 29. MECHANICAL / STEAM PIPING - IF USED - UMC 2127 - Provide all piping and equipment to be adequately supported, anchored and have swing joints and expansion loops to prevent strain on pipe and equipment. 30. PLLJMBING - SPLC 34.11, SBC 2902.1, SFLC 34.17, MPC 415.0220 - Repair or replace and maintain the plumbing fixture to an operational condition.-ALL FIXTURES SOME REPAIR. FIXA AS NEEDED FOR CODE COMPLIANCE, 31. PLUMBING - SPLC 34.11(4}, 34.34(1) SPC �}715.0200A - Provide an adequate water supply to all water closets, sinks, showers and tubs.-MAKE REPAIIZS TO LEAKY AND OR CORRODED PIPING TO BRING UP TO CODE. 32. 33 34. 35. PLUMBING - SPC 4715.0200(c) - Have plumbing waste and vent system tested to discover aJl leaks and defects in work and materials. PLUMBING - SPC 47151220 - Install plumbing fixtures with adequate space for use and cleaning.-MAKE REPATRS TO COMPLY WITH ST. PAUL PLUMBING CODE. SPRINKLER SYSTEM - Remove a113l4 inch end lines. Replace with the proper size piping. SPRINKLER SYSTEM - MSFC 901.6 - Immediately repair and retum the fire sprinkler system to service. All work must be done by a licensed contractor under permit.-supply valve is shut off. November 24, 2008 page 5 36. SPRINKLER SYSTEM - MSFC 9Q3.4 - Provide approved monitoring of the fire sprinlcler system flow and tamper switches. This work will require a permit(s). ��j -�7 37. SPRINKLER SYSTBM - l�iFPA 13 2-2.8 - Contact a fire sprinkler contractor to provide a sprinkler head box including spare sprinkier heads andlor a wrench. The box must be Iocated and maintained at the main riser. 38. SPRINKLER SYSTEM - MSFC 901.6 - The sprinklers in service far more than 50 years for standard response heads or more than 25 yeazs far quick response heads shall be replaced or samples sent to an approved laboratory for testing. Provide documentation to this of5ce as proof o£ compliance. All sprinkler work must be done by a licensed contractor under permit.-Verify the age of the sprinkler heads through out tl�e building - some sprinklers aze old. 39. SPRTNKLER SY5TEM - MSFC 901.6 - Contact a fire sprinkler contractor to replace all painted or damaged fire sprinkler heads. All sprinkler work must be done by a licensed contractor under permit. 40. SPRINKLER SYSTEM - NFPA 13 (2002) 8.6.3.4.1 - Relocate the sprinklers so that they are at least 6' apart. 41. SPRINKLER SYSTEM / 1 ST FLOOR - MSFC 901.6 - Contact a fire sprinkler contractor to relocate the improperly located sprinkler heads. All sprinkler work must be done by a licensed contractor under permit.-Sprinkler heads are too close to ttie walls. 42. SPRINKLER SYSTEM I ALL LEVELS - MSFC 901.6 - The fire sprinkler system must be maintained in a operative condition at all fimes, replace or repair where defective. A11 work must be done by a licensed contractor under a permit.-repair broken pipe and fittings. As owner, agent or responsible party, you are hereby notified that if these deficiencies and the resulting nuisance condition is not coizected by December 24, 2008 the Deparnnent of Safety and Inspections, Division of Code Enforcement, will begin a substanrial 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 taxes as a special assessment in accordance with law. As first remedial action, a Code Compliance Inspeerion Report must be obtained fiom the Building Inspecrion and Design Section, 375 Jackson Street, Suite 220, (b51)266-9090. This inspection wili idenrify specific defects, necessary repairs and legal requirements to correct this nuisance conditian. ALT 1: If this building is located in a historie district or site (noted above, just below the property address) contact Heritage Preservation (HPC) staff at 651-266-9078 to discuss your proposal to comply with the design review guideline while making the required repairs. Copies of the guidelines and design review application and forms are all available from the Department of Safety and Inspections web site and from the HPC staff. A building permit will not be issued without HPC review and approval. November 24, 2008 page 6 ALT 2: If this building is located in a histozic district or site (noted above, }ust below the property address) then yau must contact Heritage Preservation (HPC} staff to discuss your proposal for the repairs required by this order and compliance with preservarion guidelines. Copies of the guidelines and design review application and forms are available from the Department of Safety and Tnspections web site (see letterhead) and from the HPC staff. Nc permits will be issued without HPC review and approvaL HPC staff also can be reached by calling 651-266-9078. �1'J��7 As an owner or responsible party, you are required by law to provide full and compiete disclosure of this "Order to Abate" to a11 interested pariies, 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 placard on tkiis property which declares it to be a"nuisance condition", subject to demolition and removai by the City. This placard shall not be removed without the written authority of the Department of Safety and Inspections, Division of Code Enforcement. The department is further required to file a copy of this "Order to AbaYe" with the City Clerk's Office. If correcrive action is not taken within the time specified in this order, the Enforcement Officer will nofify the City Council that abatement acfion is necessary. The City Clerk will then schedule dates far Public Hearings before the City Council at which time testimony will be heazd 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 Councll may either order the City to take the abatement acfion or fix a time 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 fime, the City shall abate this nuisance. The costs of ttvs action, including administrative costs will be assessed against the property as a special assessment in accordance with law. If you have any questions or request additional infonnarion please contact Mike Kalis between the hours of 8:00 and 930 a.m. at 651-266-1929, 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 Carlson - PED Housing Amy Spong — Heritage Presezvation DEPARTMENT OF FIRE AND SAFETY SERVIC&S DouglasA. Holton, Fire Chief DIVISION OP FIREPREVENTION StevenZaccard FireMarshal �� CITY OF SAINT PAUL Chrisfapher B. Coleman, Mayar IOOE. Eleven[h Street 7elephone.�651-228-6230 SaindPau{ MN55101 Facs¢mlle 657-228-b1f1 June 4, 2007 RKL LANDHOLDING I 10 BANK ST SE iJNIT 1904 MTNNEAPOLIS MN 55414-3901 RE: TEAM IlVSPECTION 1493 iJNIVERSITY AVE W Ref # 12209 Dear Property Representative: Your building was inspected on June 4, 2007 for the renewal of your Certificate of Occupancy. Approvai fot acenpancy will be granted upon compliance with the following deficiency list. The items on the list must be conected immediately. A reinspection will be made on or after July 5, 2007. Failure to comply may result in a criminal citation or the revocation of the Certificate of Occupancy. The Saint Paui Izgislative Code requires that no building shall be occupied without a Certificate of Occupancy. The code also provides for the assessment of additional reinspection fees. YOU WILL BE RESPONSIBLE FOR NOTIFYING TENANTS IF ANY OF THE FOLLOWING LIST OF DEFICIENCIES ARE THEIIZ RESPONSIBILITY. l. ELECTRICAL - GENER AT_ - IFC 105. ] Permits-All electrical work must be done by a licensed electrician and permits as it pertains. 2. ELECTRTCAL - GENERAL - SPLC 34.14 (2), 3434 (5} - Provide an approved electrical service adequate to meet the buildings needs. This work may require a permit(s), call LIEP at (651) 266-9090: AT TIMB OF INSPECTION TI�RE WAS NO POWER TO THE BUII�DING. SERVICE WAS DISCONNECTED AND WIRE TAKEN OUT OF THE CONDUIT. ELECTRICAL - GENERAL - NEC 230-13 - Provide for the electrical service to be adequately sized to meet the needs of the occupancy type: BUILDING IS VACANT AND WE DO NOT NO THE TYPE OF OCCUPANCY. 4. ELECTRICAL - CfENERAL - NEC 250-2 (a) (b) - Provide for the electrical system and equipment to be grounded. 5. ELECTRICAL - GENERAL - SPLC 34.12 (2), 34.35 (1) - Repair and maintain all required and supplied equipment in an operative and safe condition.-Provide for a licensed electrician to go over all electrical equipment, receptacles, switches, fixtures, panels and disconnects for power. No power at time of inspection. Many panels and disconnects have been tampered with and must be removed or put in warldng condifion per the current electrical code. 6' FIR.E PREVENTION ! EXTERIOR - SPLC 45.03(b) - All exterior surfaces must remain free of any initials, marks, symbols, designs, inscriptions or other drawangs, scratched, painted, inscribed or otherwise affixed. ��7 FIRE PREVENTION 1 EXTBRIOR - SPLC 45.03 (6} - Cut and maintain the grass/weeds less than 8 inches tall. 8. FIRE PREVENTION 1 EXTERIOR - SPLC 34.08 (1), 34,31 (1) - All exterior property areas shall be maintained free from any accumulation of refizse, gatbage or feces. 4. FII2E PREVENTTON 1 EXTERIOR - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window glass. 10. FIRE PIZEVENTION { EXTERIOR - REAR STAIRS - SPLC 34.09 (2), 3432(2) - Repair or replace the unsafe sta.invays, porch, decks or railings in an approved manner. This work may require a permit(s). Call LIEP at {651} 266-9090. 11. FIRE PREVENTION I FTKE EXTINGUISHERS - MSFC 901.6 - Provide required annual maintenance of the fire exfinguishers by a qualified person and tag the fire extinguishers with the date of service. 12. FIRE PREVENTION i INTERIOR - SPLC 34.10 (5), 3433 (4), 34.16 - Frovide and maintain interior in a clean and sanitary condition.-Clean up the bird droppings. 13. F1RE PREVENTION 1 INTERIOR - SPLC 34.10 (7), 34.33 (6) - Repair and maintain the walls in an approved manner.-Paint the walls in areas that the paint is chipped or pealing. 14. FIItE PREVENTION f INTERIOR - SPLC 34.10 (�, 3433 (6) - Repair and maintain the ceiling in an approved manner.-Paint the ceiling in ueas where the paint is chipped or pealing. 15. FIIZE PREVENTION 1 INT`ERIOR - 2ND FLOOR - MSFC 1010.1, 1003.210 - Provide and maintain approved directional exit signs. 1 b. FIRE PREVENTION / INTERIOR - MAIN FLOOR - MSFC 10103 - Provide and maintain approved externat or intemal lighting of the exit sign. 17. GENERAL - NFPA 13 815.31 ProtecUon of Piping Against Freezing.-Provide for the temperahue to be maintained at or above 40 degrees (F) to prevent sprinkler pipes from freezing. 18. GENERAL - MSFC 901.6 - Immediately repair and retum the fire sprinkler system to service. All wark must be done by a licensed contractor under permit.-Repair the broken sprinkler (water) pipe. This must be repaired. 19. GENERAL- - SPLC 34.23, MSFC 1101 - This occupancy is condemned as unsafe or dangerous. This occupancy must not be used until re-inspected and approved by this office. 20. GENERAL 1 BUILDING USE - OCCUPANCY - SPLC 33.05 - Uncertified porrions of the buiiding must not be occupied unril inspected and approved by this office: Addifional code reqnirements mav be needed to be met depending on the use of the buildina. 21. MECIIANICAL ! iST FLOOR FURNACE I ILLECzALLY INSTAI,LED - MN Rules 1300.0180 - Ixnmediately discontinue use of unsafe heating appliance unfil repaired or repiaced by a licensed contractor. This work may require a permit(s). Call LIEP at (651) 266-9090. Red tags may not be removed except by fire department inspector. 22. MECI3ANICAL ( ALL BATHROOMS - SPLC 34.14 (3), MPC 4715.200.T - Provide and maintain a� window or approved ventilation system in all bathrooms. �� J 23. MECFiANICAL / ALL GAS P3PING 1 GAS METER LOCKED CLOSBD - MFGC 406.5.2 - Immediately repair or replace the leaking fuel equipment piping. This work may require a permit(s). Call LIEP at (651) 266-9090. 24. MECHANICAL ! GAS PIPING - UMC 2213 (� - Install proper hangers and support for the gas piping in compliance with the mechanical code. 25. MECHANiCAL 1 STEAM BOILER -]F NOT USEA - MSFC 3404.2.13.23 - All steam boiler and related equipment which have been out of service at least 1 year shall be properly removed, unless tanks are tested in an approved manner and properly retumed to service. (Pernuts)-If Steam Boiler is to be abandoned in place, ail gas, electrical and vent piping must be permanently disconnected from boiler. 26. MECFIANICAI, t STEAM BOII,ER - IF NOT USED - SPLC 34.11 (6) - Provide and maintain a minimum of 65 degrees F in all habitable rooms at al] times.-A legal and visible means of a permanent heating system must be installed. 27. MECHANICAI. / STEAM BOILER - IF USED - SPLC 34.11 (6), 34.34 (3) - Provide service of heating facility by a licensed contractor which must include a cazbon monoxide test. Submit a completed copy of the Saint Paul Fire Marshal's Existing Fuel Burning Equipment Safety Test Report to this office. 28. MECHANICAL ! STEAM PIPING - IF USED - LIMC 2127 - Provide all piping and equipment to be adequately supported, anchored and have swing joints and expansion loops to prevent strain on pipe and equipment. 29. PLLTMBING - SPLC 34.11, SBC 2902.1, SPLC 34.17, MPC 415.0220 - Repair or replace and maintain the plumbing fixture to an operarional condition.-ALL FIXTiJRES SOME REPAIIt. FIXA AS NEEDED FOR CODE COMPLIANCE. 30. PLUMBING - SPLC 34.11(4), 3434(i) SPC 4715.0200A - Provide an adequate water supply to all water closets, sinks, showers and tubs.-MA.KE REPAIRS TO LEAKY AND OR CORRODED PIP]NG TQ BRING UP TO CODE. 31. PLLTMBING - SPC 4715.0200(c) - Have plumbing waste and vent system tested to discover all Ieaks and defects in work and materials. 32. PLUMBING - SPC 4715.1220 - Instail plumbing fixtures with adequate space for use and cleaning.- MAKE REPAIRS TO CQNIPLY WITH ST. PAUL PLUMBING CODE. 33. SPRINKI.ER SYSTEM - Remove a11314 inch end lines. Replace with the proper size piping. 34. SPRINKLER SYSTEM - MSFC 9Q1.6 - Immediately repair and return the fire sprinkler system to service. All work must be done by a licensed contractor under permit.-supply valve is shut off. 35. SPRINKL-ER SYSTEM - MSFC 903.4 - Provide approved monitoring of the fire sprinkler system flow and tamper switches. This work will require a permit(s). 36. 3PRlNKLER SYSTEM - NFPA 13 2-2.8 - Contact a fire sprinkler contractor to provide a sprinkler haad box including spare sprinkler heads andJor a wrench. The box must be located and maintained at the main riser. AA-ADA-EEO Employer 37. SPRINKI.ER SYSTEM - MSFC 901.6 - The sprinklers in service for more than 50 years �f stan�a�d response heads or more than 25 years for quick response heads shall be replaced or samples sent to an approved laboratory for testing. Provide documentation to this office as proof of compliance. All sprinkler work must be done by a licensed contractor under pernut.-V erify the age of the sprinkler heads through out the building - some sprinkiers are old. 38. SPRINKLER SYSTEM - MSFC 901.6 - Contact a fire sprinkler contractor to replace all painted or damaged fire sprinkler heads. Ail sprinkler work must be done by a licensed contractor under permit. 39. SPRINKLER SYSTEM - NFPA 13 (2002) 8.6.3.4.1 - Relocate the sprinklers so that they are at least 6' apart. 40. SPRINKLER SYSTEM I 1ST FLOOR - MSFC 901.6 - Contact a fire sprinkler contractor to relocate the improperly located sprinkler heads. All sprinkler work must be done by a licensed contractor under permit.-Sprinkler heads are too close to the walls. 41. SPRINKLER SYSTEM f ALL LEVELS - MSFC 901.6 - The fire sprinkler system must be maintained in a operative condition at all tnnes, replace or repair where defecrive. Ail work must be done by a licensed contractor under a permit.-repair broken pipe and fittings You have the right to appeal these orders to the Legislative Hearing Officer. Applications for appeals may be obtained at the City Clerks Office, Room 290, (651-26b-8688) and must be filed within 10 days of the date of the original orders. If you have any questions, cali me at 651-228-6208 between 730 a.m. - 9:00 a.m. Please help to make Saint Paul a safer piace in which to live and work. Sincerely, Matt Opsahl Fire Inspectar Re£ # 12209 � (2/137200g) Sfeve �agner - 27516tab x(s �'�� age��1� �jr . BID TABULATION FOR: Q-27516-6 DE�O OF -1493 UNIVERSITY AVE W DSI BUYER: CLTFFORD MOORE HID OPE�7IlvG DATE: FEBRUARY 11. 20a9 erl Rec.yciing:� Bubei? � 439-8399 stive Services �azd Kosman -270-0321 I Hintz ie Hintz -645-9321 talone Co c Frattalone 484-0448 +kins Tree e Hawkins �445-1511 Kamish i Ensrude �3600 32/13i09/CMlbm a 0 0 N 0 rl .C: u w � � � � v 0 � � � � � � � a o 0 E"K Q'� N N N � 0�A H � � ti '-1 .'�. F o d 'Z c� � � � W `az„a"F O O �A � a � a o c� a � � o � o 0 0 0 0 ` o �. -�r G'a C M � M �. N M � N M oYJ N p Q� N� N N� N N � N � N � � E„i A N M N M N M N c7 N M C� W A U W � 6' ��U �2 a�a �� V o z a aW� � a �' Fa�p �- `�' Q � � Q ��a 9 � - � � �� o 0 0 ��z � � a � � � '" ,� T, � � � , r.l F Q` 0 : � � W °` 4 � r/j '-1 � ea � � ` O A a m ;; � :� d W o ,-� .r� °�° � p o � F o� a� � �o � v� � M d WU � �d. �W� ; o� �a 3 7 i GYr `�' c` .-+ d' c> �,. M N 6� � o' W W N �' � �� M .-+ � O "' � cE N °��° � W °��°ro�� "' �w � � � �n�, 3.� a`�i � E. od� o y °°' �.� �� x a� b�� o a�� R �� ZP. �� a�ip � �o � �W � �� a 0.t � �,N ° �uyoa � � � o v � �d�� vU �°�rn v � 3 c . U 7 �7 m ° °: � b � � ��7 STATE OF MiNNESOTA AFFIDAVIT OF NOT FOUND CQUNTY OF HENNEPIN METRO LEGAL SERVICES Rick Sinner, agent for Metro Legal Services, Inc., being dufy sworn, on oath deposes and states that agents in his employ attempted to serve the attached Notice of Pubfic Hearing upon RKL Landholdings Inc, therein named, at its registered address located at 110 Bank Street SE, #405, Minneapolis, or in the County of Hennepin, State of Minnesota, and was unab(e to locate any officers or registered agent. �� Subscri ed and sworn to before me on ! ,2009 . . M�CNAE� D. �ffELSEN� 3 � ^?�; hJTAAYPUBLIGhI' � MyGommSS�onEapnesda� 312�10 ■ Y 988394 - 1 RE• 1493 UNIVERSITY AVE W ��.��." .: ;-. <�--�;.�.,.,.,, s D�-3� 7 Date: October 30, 2008 HP District: Rile #: OS - 099844 Property Name: Folder Name: 1493 iJNIVERSITY.AVE W Survey Info: PIN: 342923230130 _.._� ,______---.- __.�°___..�._. �..,_ _.. _..._�-- , , �� ,. � �� F� � ,..,..,._� . .,._.._...... t V r�� . �; . " � i ; , . f` f �.. ._s, Date: October 30, 2008 HP District: �� 3rP r Fite #: OS - �99844 Property Name: Folder Name: 1493 ITNIVERSTT]' AVE W Survey Info: PIN: 342923230130 Date: October 30, 2008 File #: OS - 099844 Folder Name: 1493 LJNIVERSTTY AVE W PIN: 342923230130 � K� -S �ti . �� . �..,� v �::.+1.+.c�}#�"Y$!:.- S 5 ... ' . L _. FpR fb c - .� `• ys, . ,� 4 �",� s, , a � � �:. � '" � ^4 R, �� a '�.:� sc,s _ �� # � - :S � — S C `. � " _ � � �.= (: g s , ' . .. � °, x t' �� _.. ' 8t z L � _ � �� ; �,� �, �, ° - i'. i' ,., �� , �,' .. ` _� �' � , t � ' � t� t , �_ , . r j „ � �Y i�4 �5 �� ' �t t � � � r C � 3 a � � � �`� � � �. ' s k� 9w {,i.-z � Su�t �� '�'� #'.�� ! k � :- , s.r, s.w � �s A� ��.-. ,�'` , � ,� - � "v" £ � �� : �.. � �� f ,. � �_.� � :� r c� .. e, .� . �� , �n�� ,; •..1� � � �: . � � � � °-� t , � AP District: Properfy Name: Survey Info: i�flili�i5f o �--�� „ p. �, .r`,. "�°" �: �� _ � �_ ..� < x �; � �� P � . 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(?$ � � . . �� - ° � F ,� �, . ;� �,. � �; r;_ � � . , • ` �.,.r'� � �v � �� `, � �9 � �� F ; f � .. ,� � �� ., ��i' s ,r r. .} d � � � ,%; � M"'. � �� ^ �� 9 _,. ��r n e.�. �T,'�,�Y�,$" k 7 � � .5�s �� : ?, b Date: October 30, 2008 HP District: �� 7 File #: OS - 099844 Property Name: Folder Name: 1493 IJNIVERSTTY AVE W Survey Eafo: PIN: 342923230130 { g � �:- b.r,� �,;��. .;, '�� ,� „>: r�" ,r r � � � < �; ti , �s �� , : t 9 { Y g,X f ��Y � F � . ... xa�, sv�.,J },� . ��b k �. .,�, �.v::x �,y}., a ` �� $�'n.�_ � '� � . .. �. > . � Date: Fite #: Folder Name; PIN: October 30, 2008 �5 - 099844 1493 UNIVER5TTY AVE W 342923230130 { y:,. �� ti; .r.� � �' it ; W.�;,�+ �� r� .� e � � �' ^' . � ,�- °. _ -, :'.; � HP District: Property Name: Survey Info: ay-3�7 �- �<�.�� ,.� , 4 ' + i ,# � i l� ? � YY . v -�: ,�*<x�;:: , " r ;��':ii: �''�` 1 � .. � . �;.- . �s ... Mazch 10, 2009 Legislative Hearing Minutes Pa �� 1 3 �" � 9. Ordering the owner to remove or repair the building(s) at 1493 University Avenue West within fifteen (15) days from adoption ofresolution. Emad Abed appeared and stated that he was the mana�ng partner of the property owner, RKL Landholdings Inc. No other parties of interest appeared. Ms. Moermond asked for a report from Mr. Magner. Mr. Magner stated the building was a two- story, brick, commercial warehouse on a lot of 11,326 square feet and had been vacant since May 13, 2005. A C of Q team inspecfion had been done on 7une 4, 2007, the vacant building registration fees in the amount of $1,OQ0 were paid by assessment on August 21, 2008, and the $5,000 performance bond had not been posted. On October 28, 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 November 24, 2008 with a compliance date of December 24, 2008. To date, the property remained in a condition which comprised a nuisance as defined by the Legislative Code. Ramsey County Taxation estimated the market value of the 1and to be approximately $345,400 and the building to be $240,300. Real estate ta�ces were current. Code Enforcement estimates the cost to repair the building to be approximately $1,000,000. The cost for demolition was estimated to be approximately $58,700 to $68,700. There had also been 26 summary abatements issued to this property since 2005, 29 of which went to work order: to secure the building and the Ciry had to board the building to secure it from trespass, remove improperly stored refuse and debris, boarding, remove graffiti, cut tall grass and weeds, 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 Mr. Magner whether the conditions at the property may have changed since the team inspection was conducted in June 2007. Mr. Magner responded that the building had a fire on the second floor in Apri12008; the building �vas mostly gutted and windows were missing; the building had mostly become a major nuisance to the neighborhood. The biggest concern was there were bricks "raining" from the building which, in the past, temporary repairs had been made; however, the bricks were deteriorating again. He said that any re-use of the structure wouid require detailed plans. Ms. Moermond asked far a report from Ms. Spong. Ms. S�SOng stated that this building was built in 1918 and was a commercial storefront. She said that the building was not listed on the Sanborn map so she was unsure if it confributed to the industrial fabric of University Avenue. She said survey work had been conducted along the corridor as a result of the planned light rail coming in and an in-depth cultural survey had been conducted of all the properties along University Avenue. She said this property was not identified by the consultants who were hired to do the survey. She did not believe demolition would not have an adverse effect on the neighborhood. Ms. Moermond asked about the summary abatement and work arders at the property. Mr. Magner responded that besides the falling bricks from the building, dumping of garbage behind the building was an on-going problem. � Ms. Moermond asked Mr. Abed what his plans were for the building. Mr. Abed stated that they had hired a contractor and the building was under construction in Apri12008 when the fire occurred. The insurance company, Western Heritage, estimated the cost of the damage that they were willing to pay at $550,000; however, they were unwiiling to release the check to them to date. Ms. March 10, 2009 Legislative Hearing Minutes rag� z� Moermond asked why the check was not being released. Mr. Abed responded that the check was made out to four separate entities: the owner, the attomey, and the two mortgage companies. The four entities needed to reach an agreement before the check could be released, endorsed, and cashed by anyone. Mr. Magner asked why the mortgage companies would not endarse the check to the owners. NLr. Abed responded that the first mortgage on the property'was in the amount of $550,000 and the second mortgage was in the amount of $200,000. Since the check from the insurance company was for $550,000, everyone was fighting over how much they should receive from the proceeds. The attorney for the insurance carrier indicated that when all of the parties had reached an agreement on the distribution of the proceeds, they would then release the funds. They, as the owners, were attempting to negotiate with the first mortgage company, Ba�eld, and offered to pay $300,000 from the proceeds so that they would ha�e $250,000 left to repair the building. The attorney far Bayfield indicated that he would discuss the offer with his client. Mr. Magner stated that the insurance company had estimated the amount of the damage to the building to be $550,000. Mr. Abed responded that it depended upon who they were going to contract to do the wark and how much that would cost. Mr. Magner asked whether they had consulted a contractor to get an estimate on the repairs. Mr. Abed responded that they had consulted with two difFerent contractors and believed if they were le$ with $200,000 from the insurance proceeds, they should be able to "button up" the building to make it in rentable condition. Ms. Moermond asked whether they had a property manager to maintain the property. Mr. Abed responded that he frequently monitored the building himself and if he found any dumping on the property, he hired someone to remove it. He said that it seemed this was a really bad neig�borhood with a lot of dumping in the a11ey. He was unsure whether the alley was the responsibility of the property owner or the City; however, it seemed they were tagged for everything on the property. Mr. Magner responded that the alley was the property owner's responsability and he understood that property owners would push items back and forth onto their neighboring property; however, it was still the responsibility of that property owner to dispose of items that were dumped. Ms. Moermond stated that obviously Mr. Abed had problems maintaining the property since the City had cleaned up the property on 29 different occasions in the past. She asked whether there was a problem with squatters in the building. Mr. Magner responded that he was not awue of any squatters occupying the building. Ms. Spong asked Mr. Abed if they planned to rehab the building first and then find tenants to lease the space. Mr. Abed responded that currently, this was the plan. He said that they previously had a retail tenant and he was hopeful they would be able to find other retail tenants for the space. Ms. Spong expressed concern as to whether site-plan review would be necessary before the building could be re-used. She asked Mr. Abed whether there was parking available at the reaz of the property. Mr. Abed responded that they did not have parking at the rear of the building. Ms. Moermond asked NSr. Abed whether his attorneys were aware of these proceedings. Mr. Abed responded that they were weil aware as was the insurance company. He said that by 1aw, the insurance company was required to release funds for the claim within 60 days. When they were informed of the possibility of the building be demolished, they issued the check far $550,000. Now they were just wairing far the attorneys to come to an agreement on the release of the funds. March 10, 2009 Legislative Hearing Minutes Pa�13�� Mr. Magner expressed concern about the end use of the building. He said that if it were just going to be a"vanilla" warehouse use, it would require one type of plan review. If there was a prospecrive tenant, it would require a more in-depth plan review. He suggested Mr. Abed talk to Larry Zangs or Jeff Fischbach in DSI regarding plans for the re-use of the building. Ms. Moermond stated that the $5,000 performance bond must be posted by March 18. If the bond was posted, she will recommend continuing the Legislative Hearing to April 14 and Council Public Hearing to May 6. She told Mr. Abed that if they did not come forward with plans for rehabbing the building, they would have the oprion of Irnocking the building down themselves or the City would demolish the building and assess the cost to the property taxes. APR, 1.2009 3:13PM MANSFIELD TANiCK CNN 6�-3�� MansfieId Tanick Q Cohen Pa, Attorneys at Law Gregory M. Miller gmiller@mansfieldtanick.com Via U.S. Mail and Facsimile — 651-266-8574 Mai Van, Faralegal City of St. Paul Offtce of the City Couasal 310 City Hall 15 CVest KeII pe Boulevazd St. paul, MN 55102-1615 Re: Order fo Remove or Repair 1493 IJ'niverszty Avenue West RKL Landholding Group, T,LC! �mad Abed l�ear Ms. Vang: Mans�ield, Tanick znd Cohen has been counsel for 12KL Landholdizxg, Inc relative to the casualty loss at 1493 University Avenue West (Yhe "Properiy"). I 3m in receipt of conespondence from your office dated 1vlarch 26, 2009, which I received from my client yesterday, I undersfau.d from this Correspondence that there will be a xecommendation £or a resoluti0n that the Property improvements be removed. Please note Yhat T am unable to attend the public hearing tpniglxt and request that the Contents of this correspoz�dence be conszdered by the council and be �nade part of the tecord. T7aere are several reasons that the rewnstruct�on activides �ave been delaqed. Let me assure you that my client has done everytUing in his powet, whieh includes expending szgnificant svms of his personal money on attorney's fees, expert fees, contractors and engineers in order to begin the reconshuctaon process. I could provide the council �wzth various bids and engineering reports Th1t would support that this �voxk was corn�enced by RKL Landholdiug neazly one year ago. Apri11,2009 N0. 478 P. 2 There k�as been a si�oxxificant delay izi this process by the insurer and our primary lender. The insurer, Western Heritage, fook neazly nine months to adjust the site and only in Fabruary (the loss was in April, 2008) did a check get drafted. There is a total of $550,000 paid out by the insnrer, however, none of it is i.za the con2roI of RT�T. Landlxoiding or Mr_ A.bed. T have attached 7 700 U. S. Bank P4tTa Souch 220 Soucfi Scah Sveec Mi�n�polis� MNS5402-65V cel 672.339-4295 fax 6t2.a3B.3767 www. mansFieldc3niCk,COCti All atlem eys firenttd in Mmnkp,o. Atmr� oko �ireassdin Cali(rnia, Ode iecof[okmbq Flando, lllinoi; N�wYOrkoMWiswnan. Bronth o�cetinSoi.�2LOVisGanF and SoinrPcul, Minn�.y(p Ms.n6er. lewyers.4uocio4d WarldwiAe (fAV� . g�.. APR. 1.2Q09 3:13PM MANSfiELD TANICK CNN N0. 478 P. 3 ��" �� Mansfield Tanick � Cohen Pa. aemmeys ct [.o�, Ms. Mai Vang A.prii 1, 2009 Page 2 of 3 hereto a true and noaect copy of the letter from the insurer's counsel, Tim �Ualdeck, notifying of the ban3c draft. Tn addition to this delaq, our mortgage company, $ayview Loan Servicing has refused to ailow any instuance proceeds to be disbursed toward the reconstraction. The referenced $SSO,OOQ was disbursed in two increments. The first, $100,000 is fteid by Bayview's counsel. The seooud is held by the insured's counsel and wiIl not be released until TZKI, Landholding and the mortpage company IZave resoIved the zssue as to the funds (given that both of their nazxies ase oz�e the check). T have written to Bayview's counsel on numerous occasions, fizst when the check was first availabie on February 2, 20�9. (I have attached a copy of this letter for your review) Then again as a remindez email on �ebruary �6, 20Q9 (again a copq is attached for your xeview). Then on Mazch 11, 2009, after Mr. A.bed attended the lebislative hearing before Ms. Marcza Moermond, advising �ayview that we needed to disburse $5,000 of the $100,000 held by Bayvievv's counsel in txust, for a performance bond ox a tear dowzx resolution could be xxnminent. I received no respozlse to my requests to wvorkout a resolution wzth $ayview, except a request for the contractor bids that we had received — which were pravided. Bayview refused ta release any o:f the funds xt holds or to agree to e'ven meet to discuss t3ze reconstrucfion, as requested. �'inallq, March 3�, 2�09 I again xequested that Bayview �lease respond given the tear down tlneat that was likely (a copy of this letter is aiso attached), T did receive a phone cxIl foday back advising me that Bayview's only response was tp demand t1�at R.I�T. Landkzolding sign over the remain�ng check at Ivlr. Watdeck's ofFice to zt to apply tq the loan. As suck�, NIr. Abed, principal o£Z2KL T.andt'�oIding, has been frus�ated at every turn in his e$orts to obtain the insurance funds and to commence reconshuction of this otherwis� functionaJ attd useful faciizty at 1493 University Ave W�st. Iv�x. Abed wi� be severely prejudiced in his efforts if the property were tom down, through no fault of his. T�e has no other souree for the funds and, as many propezty owners aze, in a very tight financial condition. Moreover, there is a seCOnd mortgage holder, Landtitle, who keas a mortgage for $200,000 Yhat wiU be completely exposed if the removal resolution is passed. 'We respectfuily request thaC the resolution supporting removal not be granted and that RKL be ailowed to wozk toward an amicable resolution v�nt3� Bayview for reconstruction. e�.. APR, 1, 2009 3; 13PM MANSFIELD TANICK CHN N0, 478 P. 4 Mar�sfield Tanick Q Cohen pa. Aftomeys at (�w Ms. Mai Vang April 1, 2009 Thank you. Very trulp yours, GMM:cmj Attachments cc: Emad Abed Page 3 of 3 CT� & COHEN, P.A. � ��' �l ��1 .�. o.APR. 1. 2049:� 3:13PMF TANICK CHN 02.ez2ees is:s3 WqLDECK �Tim _ � incominy�a I�'uai/o02 ND.054 D01 �-3�. �TALDECK & I�]ND , � �� ATfORVEYSlu"ID COLIIwELLO&S hT LAW Proiessi4n51 Associadoa Petcr E. La� Pct�r M. Wa3deck Mx. 7oba Braudt Muraaae ArandY 30 EasC 3eventh Streeet, SuiYe 3200 8�, Paul, MN 55101 Mr. Gregory Ivfiller Mans�ld, Tanick & Cohen, P.t�- I70D U.S. Bank Plaza Sonth Z20 South 6�' Sixth Street Minne8polis, MN 55402�511 i�1U0 T�' Tomer i215a�nth Eig�tL Street ��P�,1Hmm�esota 55�142 ?'elegEtonz 612.375.i550 rabTtI�Ty 2, 2049 FacBira�e 6Y2.37$.00a�7 Via Telefex Transmittal Mx. Lszty S. MoUntain T.and Title Tuc. 1900 Silver Y,ake Road, Strite 200 New Srighten, MN 55 � 12 Re: Abed, Emid dba RKZ Land Iiol��gs v. �estern }Ieritage Insa�rRr+Ce Co. Oux �ile No,: 1 t955-4013-I Genfieaien: This is to advise chat I'zn in rcceipt of the aheck fram Westem FTeritage in paymeat of this loss and da tender it to you. As you �ow, there are issues that remain regazding tha disiributioa and endorsemenc of these checks aYad of couise paperwork in rsgard to si�ted prooi' af loss and xele�.ses. A copy of the Check is enclosed. i aw�iit 3uection �om �ou. 5incerely, r�,o� . w�a�x lwaldgck@tvald¢cklirtdcom Z'GVW/aur Enclosura APR. 1.2409 3:13PM MANSfiEID TA�ICK CHN N0.478 P. b � �°1- 31.�'1 Mansfield Tanick � Cahen �A. A�»mrysatLaw Febzuary 2, 2008 Crregory M. Miller gmillar a�nansfleldtanack.com Via U.S. Ma51 and I'+acsim�le — 651-223-5199 Mr. John Braadt Murnane Brandt 30 East �' Sireet St. �aul, MN S510I � Re: 12KI, Landholding Crroup, LLC / Bayview J,oan Servicing Dear Mr. BratzdY; I azn in receipt of a letter from Mr. Walldeck stating that he does have a check foz the loss at 1493 Z3niversity Ave. As referenced in m.y correspondence from Iast month, we zzeed to deternl"uae the appropriate course to com�lete the renovations/reconstcuction at fhe site. I don't want to appear overly anxious to pzoCeed, however, as qou lmow, a hearing xs being held ne�t month on the fate o£ the building and it could be demolished without ap�ropriate actiom being commencing soon. I believe the first arder is to commenc� work ou fhe exterior faqade, roo� windows and remove the debzi5 from the interior. Having restored the enveiope, the building could be b,eated again aud dehumidi$ed, Addx�ionatiy, ny client received a notice that a foreclosuze sale was scheduled foz Mazch 3, 2009. T`his is in enot as my client did make all of the zequisite payments on the plau speci.Sed in the forbearance agreement and fhe balaace was to be xecapitalized on the loan. balaace, Please con,fiz.m that tbis is the case as the papznents were ail accepted bq Bayview in complianca with the a�eement. Thanlcs for your help on this matcer. Very huIy yours, GSvIlv1 cc; Emad Abed 17d0 U. S. Bank Pfan Souch 220SOUrh S�xth Street Minneapolis� MN 55402A577 8mqeh oft7exsih5ointLOUisPar7� acdsoineliv�/, Minnaota M.A��ISFIE , 7'ANICK c$ COFiEN, PA. , l� Te Nt. er [el 572.339_629i fu 612.339.376� rr.+w.r.,snsf e�dcanickwm AIfo2,ymeY.lic �inNfi.�.�m. Atrorn 1s aLro (rer�sedin Gli(amiq �a��of� mbi4, F7onda, !lLnois, NnvYerkand � m.vin. Msmbsr.• Lauy¢nAs^edekd Wo�dwidc (GAV� � Messag�R' �� 2009 3:13PM Gregary Miller From: Gregory Miiler Sen�: 2009-02-16 'f 424 'Co: 'Jbrandt@mumane.com' MANSFiELD TANiCK CHN Subject: RE: Bayview v, RKL Landholding (Sa�Clement communicaiion) John: N0. 478 P. 7 Pa�e 1 of 2 ��-3�� 7ust to fotiow up on a few things. We were going tn continue the foreclosure during the pendency of the case in exchange for a stipufaNOn to modify your complaint Please confirm [he sale date is ofF. Please aiso note that since that time, I have convinced my client that he should� in a show of good faitfi, request John Westrick release the $100,�0� to your trust account fnr disposal in accordance with your atYachment to your letter of Friday, February 13, Z009. S have been copied on this insttucCion to Ms. Westrick. Sf my ctient has sent direct emails, I have asked him to cease. There may have been one more this weekend, but I expect that to be the last of such emaits. I think my client hetieves it advantageous to both parties to buyout your security interest and allow him some funds to fa it up over time as, even if the envelope is buttoned up, a tenant will be hard to come by and so therefore the debt sertice. I undet3Yand that your client has rejected the offer of Mr. Abed. is there a counter offer ia the splrt af the a6ove anatysis? Ple3se advise. Thanks Greg ----Originaf M2SSage----- Prom: Pat Longhenry [mailto;PLONGHENRY@murnane.com7 Sent: Friday, February i3, 2009 4:08 PM 'fo: Gregory Miller Ce: lawrencehalpern@bayvie�nanciaLCOm; joannsnyder@bayviewloanservicing.com; Cheryl Hauch; Renee Andreotfii Subject: Bayview v. RKL Landholding Mr. Miller: Per the request of John Brandt I am forwa�ding the attacheci to you. Pati°icia Lot�ghenry Secretary to John E. Brandt 30 East 5eventh Sf�eet, Suite 3200 St Paul, MN S510I Telephone_ (651) 227-9411 Fax; (651) 223-5J.99 �lonohenry�a murnane.com Phone: 651/ZZ7-9�t1I Fax: 551{223-Si99 m�e*�*x�*#*xm�:�t*x�*��:.�rs�*xs��s* ix�e��ex*�*=�m �x� ��cx*�:�: �:xa�**aeM * *x:x� *w� * ��:�**�* M� *� �a::��x �k��* �r� �a: :009-03-3I APR. 1,2G09 3:13PM MANSFiELD TANiCK CHN ��-31�.� Mansfield Tanic� � Cohe11 P.A. .auam� Qe cov. Crregoxy IvI. Mi11er b nillez@mansfieldtanickcom Via U.S, Mail and �'acsi.znzle — 651-223-SI99 ivlr. Joha Brandt Murnane Brazadt 30 F.ast 7� Street St. Paul, MN 55141 Re; RT�'C, Lazadholding Group, LLC / Bayview Loan Servicing Dear Mr. Brandt: Please be ad'vised that m� client attended yesterday's Ied slative hearing as to ttae 1493 Uniwersity Property. At this bearing which was aYCended bq the City of St. Paul, Ms. Abed eaplained the issues re�ative 1�o the delay zn Yhe adjvskmeut process relative to insivanee proceeds,- Mr. Abed aIso descr.ibed The scenario by wk�ich the fixst and second mortgage ho�dzzs are also named on �I,,e checks and the issue as to reconslruction has not been resolved with his Iendez�. As such, the legislative heaziA,g officex was willing to extend the deadline in order to resolve thi.s �atEer. Steve Magner, fxoz¢ the City of Sk Yaul, advised Ms. Abed tkat he would like to see a xesoIutioR and plans put together for the property by April 14�. '3,'hey are also reqviring that a$5,000 performance bond be posted with the City within the next seven ('� days. My client does not bave fhe fuads with wlvch to dsposit the performance bond as he is in tb.e process of zedeeming Ius home from fozeclosur�. N.fz. Abed respectfully requests tl�at all parties to the money deposited in your trust account concur that $5,000 can be deposited with the City of St. Paul foz the performance bond. Please advise me as to youx client's willingness to do this. March I1, 20a9 N0. 478 P. 8 Criven this fzme frame, it n✓ould seem as zf Fve should m.eet at your eaz�iest convenience to discuss how to approach the reconsYzuCtion andlor payoff of your clien�. As T me�ttzoned earlier, if we negotiate a short pay with your c&ent, we do need enough funds Ieft over to button up the builclia� envelope. A,nd barring this, T do believe tbat the bearing officer wilI make a recommendation to the City Council o£ demolition. 'I'he hearing of�cer made it clear Yo my ciient that batxing adequate plans and a zesolution as to the funds, she will be recommez�ding dezaolition, the cost of which is estimafed to be $58,000 to $68,000 wili be assessed against the property. 7 J00 U. 5. Bank P1aza South 2205ouch $ixch SneeC Minneapoli5, MNS5402-4577 CCf 672.339.62gS fax 612.339.3761 www.mansfieldeanitfccnm Al/ ovem �Y,e� i Minnasefe. Atmmsyse/safirnurdin �oli(amia� OittndofCOlvp,bro Flerido, tlC ois, NsvYaikandWimnsin. BMrsdr �cq in $ain[ inHis Pa/k ond SaintPau� Nfmnemm Member bw�ersAsaiafslWeAdwide (!A� c �n APR. 1.2009 3:13PM MANSFIELD TANICK CHN N0. 478 P. 9 � Mansfield Tanick : Co�ez� PA. A#omeysatlow " LVIT• ZOYSIl �ildSlClt March i l, 2009 pzge 2 Pbease advise me as to yovr thoughts z�egazding the above. Thank you. Very �u3y �ours, GMM:cmj cc; Emad Abed '�'im VJaldeck MAN'8F1�LD, TANICK & COHEN,1'.A. o . / � ��:T. APR. 1.2004 3,14PM MANSFiELD TANiCK CHN Na. �78 P. iC ��-3�1 i�iansfield Tanic�k�CaI�en �a. a�a��.� a. Gw. �Fazch 31, 2009 CrreaoryM. M�fler gmillerQmansfietdtaaSck.com �S'fa YT.a. IaYa�I aesd �ars�ile— 65Y-3�23-5149 Mr. Jol3n $randt NInrzian.e Brandt 30 East 7�` Street St. Yau1, MI�T S51QI lte: RI�I, LandholdiA,g Group, T,LC / 13ayview Loan Servicing Dear Mz. Brandt: Aitacb,ed a$ain is the Ieiter that T fa�;ed earlies regazd'zzz; tbe ple.nned tear down of the 1493 kroperiy. I have fried your o£fzce unsuccessfully aad as such, I am raducj,ng my request to �vr'sting. As I men�ioned in my March 11, 20091etter, Yhe City required a$5,O�Q bond be posted. My client does not have the wherervithat to post that money, having been hoping that, of the $550,040 in ittistuance proeeeds, said amouttt could be esexowed with the Czty to the bene8t of all. We have xeceived no response from your c�ient on t1�is issue. My client has aLso, in letEers and emails izxquired into the v,�llingness of Bay�vzew to work out an azuicable reconstsuction sehedule or to diseuss a discounted payo£.�, if your client would psefer. VTe have received no response to tkis either. We really need a response and your assisCance wifh the City in greserving the property_ Please call me in the moz�uing to discvss as t�e city councAl meeting is tomosrow at 5:30 pm. 'Phank �ou ��' �� Y'�T�� au:�m; cc: Emad Abed 9700 U. S. 6ank Pl�za Sooth 22o So�u45a.h Sereco Minneapolis, MN SS402-45ii Bmnrh oJf,c� fn Sain[ CD�ls Fark andbinePoul,Minneyvni i' p 1 � � • ' • 1 ' �� f ! � � � �R P - _• �,�r • �� [el 672.339.d295 Fdx 6"2.339.316] www.mansf:e!dcanick.mm Member. f.avyersPstoee�d'Ner14w1de (CAWf All ve6arn<y,-Gr�nMi )n M�n mcso b. Attorncyf olso li�intrd;r CcL'(aniy 0%#naafCa(umbio Ronda,tlfinee NeWYark osdWisnr,sin, .a.�S�,yq.. APR. L 2009 3:13PM MANSFIELD TANICK CHN .�lIANSFIEI',D TANICg & CaHEN, P.A. Attor�rzeys at Law z�oa �;.s. �� ri��so,� zzo so,nh sixrn s�reee Minneapolis MN 55402-45II TeIephone; 612/339-4295 FAX Telephome: 612/339-3161 vrww.mansfieldtanick.com FAX TRANS111�SSION SHEET bATE: Apri1 1, 2009 TO: Mai Vang FROM: Crregory M. Nliller N0. 478 P. 1 ��' 3�e,'� Phoue: 651-266-8574 ; C.„�:'z� � . ° ,_-.�^�: �"�"';� � ? ..,, -. ' ^, r t , �� ,.- , � ti � � �, 12E: 1493 University Avenue �Jest N.[ESSAGE OR TN$1'RUCTTONS: ORIGINAT. TO FOLLOW IlV 1VI,A�I,; Please see attached Y'es 1'f you have not xeceived the entire document please Call 61z-341-1Z40 as soon as possible. CONFIpTiNTIAL q COMMUMGax'1(O1V , � ; ;�.., 'C� ENTIRE ATTACHNXEIVT TO TI3XS TELECO�'TLR COVEJ2I,ETTER A,ND THE CONTENTS TFXEREOF Ati� CONFiDENTTAL, AR� TA`TENDED ONLY FOIt THE USE OF THE ABO'VE-NAMEA TNDIVIDUAY� OR EN1'(T'Y, AND YvZAY BE SUBT$CT TO T� ATTORNL<"Y/CLIEN',T' YRIVILEG� AND/OR T�TE AT`TORNEY WORK FRODUCT �RIVII,gGE. THL SENATn"� OF T,T�S COMMIJNTCATIQIV BY TELECAYIER IS N07 IAITEND�D AS A WA.TV$R OF ANY PRIVIL$GES LISTEl9 ABOVE. 1�' YOU, a5 T1�E KEnDE�t OF THL5 COVER �,ETTER, A,X� NOT �'� INTENUED RECIPT�NT OF TJ�S COVEJt Y,ETTER p1VD THE ATTACHED TNFORMAI'TON, YOU A1ZE HEREBY NO'FIFIED Ok' YOUR OBT.XC>ATION'LO DELIVER I'X' TO TFI� TNTEND$1D REC7pI�NT WIT1�Ol�IT REA,T1T1vG THE ATTACIih1EgVT'g YOUA2SELF OR DISSEMXNATING A,N Y OF TFIIS COMMZJiVTCATION, 1NCLUDING TAE A,'TTACHM�N1'5, TO A,NY OTHE12 p�IySpN OIt ENTPfX. TF YOU 7fTP,.VE RECEl�1ED THIS COMMiJN1CATTON IN ERR012, PLEAS� IMMEDJ,AT�LY NO'ITFY THE S�NllER BY TF,X,EPHON� AND RETUItN UNREAD TFIIS COVETt Y,ETTER AND'ITiE ATTAC��TS TO TFi� ABOVE ppp�55 VIA. T�lE U. S. POSTAL SE�tVICL. THA.IVT� YOU.