The URL can be used to link to this page

09-495Council File # 09-495 AMENDED 5/6/09 Green Sheet # 3066621 RESOLUTION SAINT P�►UL, MINNESOTA Presented by �� 1 WHE AS�arhnent of Safety and Inspections has requested the City Council to 2 hold public hearings to consider the advisability and necessity of ordering the repair or wrecking 3 and removal of a one story, metal, masonry, wood frame structure and the wood frame shed 4 located on property hereinafter referred to as the "Subject Property" and commonly lrnown as 778 SNIITH AVENUE SOUTH. This property is legally described as follows, to wit: 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 LAWTON BROTHERS ADDITION TO THE CITY OF ST. PAUL LOTS 15 AND LOT 16 BLK 51 WHEREAS, based upon the records in the Ramsey County Recorder's Office and information obtained by Department of Safety and Inspections on or before May 11, 2008, the following are the now known interested or responsible parties for the Subject Property: Mohamed Musani, 7820 Lakeland Ave N, Brooklyn Park, MN 55445; ASL Inc, 4001 University Ave NE, Brooklyn Park, MN 55445; Abdullah, 3899 Granada Way N, Oakdale, MN 55128; Kenuga Properties, LLC, 2312 Lousiana Ave S, St. Louis Park, MN 55426: West Side Citizens Organization. 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 January 6, 2009; and WHEREAS, this order informed the then known 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 February 5, 2009; and WHEREAS, the enfarcement officer has posted a placard on the Subject Property declaring this building(s) to constitute a nuisance condition; subject to demolition; and WFIEREAS, this nuisance condition has not been corrected and Deparhnent 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 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, Apri114, 2009 to hear testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested 09-495 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 siructure in accordance with all applicable codes and ordinances, or in the altemative by demolishing and removing the structure in accordance with all applicable codes and ordinances. The rehabilitation or demolition of the structure to be completed within fifteen (I S) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, May 6, 2009 and the testimony and evidence including the action taken by the Legislative Hearing 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 778 SMITH AVENUE SOUTH. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 2. 3. 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 violarions at the Subject Property. 4. That an Order to Abate Nuisance Building(s) was sent to the then lrnown responsible parties to correct the deficiencies ar to demolish and remove the building(s). 5. That the deficiencies causing this nuisance condition have not been corrected. 6. 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. 7. That this building has been routinely monitored by Department of Safety and Inspections, Vacant/Nuisance Buildings. 8. That the lrnown interested parties and owners are as previously stated in this resolution and that the notification requirements of Chapter 45 have 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 welfaze and remove its �,� - �I`�5 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 blighting influence on the community'^ '� '�''�'°';��- "�:° °'�.��.-� °�`' " °�+;"" °" ,�„�,.:e..,.:e,. .. .;w,.,a :.. «w„ ..w,..,e _er _e..,.va n.-ae�+,. n�..,.o rr,,;��.,,.,, n.,:ia;.,,.i..� ;., �.�.�..�.�., ..: k.:�..�...,�..... `""� ....,,.. _ ______""__� , .,'�_ " __ , __.._"_ _'_"_"'" — _ - ____ •• oi_i ___ ,._a..�,.,..,;+w ..ii ., ,.i:,...wi„ ,.,.a,,.. ..,.a ,._a:�.,,,,.e� ., .t,e .,t.o,.,,,,r;.,a by demolishing >- and removin� the shucture in accordance with all applicable codes and ordinances. The ��l�i�at}e�e� demolition and removal of the structure must be completed within fifteen (15) days after the date of the Council Hearing. 2. If the above correcrive action is not completed within this period of time Department of Safety and Inspections 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. 3. 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. 4. 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. Yeas Nays Absent Bostrom r Carter Hazris ,/ Helgen ,/ Lanhy ,� Stazk ,i Thune ,i S G � Adopted by Council: Date �� ", v 9� -� Adoprion Certified by Co cil Secre . By: Approved Ma or: ate `✓ / Z By: Requested by Department oE Safety and Inspections Code Enforcement / Vacant Buildings By: Form Approved by City Attorney B Form Approved by Mayor for Submission to Council By: 09-495� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet SI — Dept. of Safety & Inspections CoMact Person & Phone: Bob Kessler 266-9013 Must Be on Council Agenda by (Date): 06-MAY-09 T RESOLUTION E-Document Required: Y DocumeM Contact: Contad Phone: 03-FEB-09 y Assign Num6er For Routing Order Total # of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3066621 Action Requestetl: - City Council to pass this resolurion which will order the owner(s) to remove or repair the referenced building(s). If the owner fails to comply with the resolution, the Department of Safery and Inspections is ordered to remove the building. The subject property is located at 778 SMIT'H AVE S. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service CoMrects Must Answer the Following Questions: 1. Has this personlfirtn ever worked under a contract for this department? Yes No 2. Has this personlfirm ever been a city employee? Yes No 3. Does this person/frm possess a skill not normally possessed by any curcent city employee? Yes No F�cplain ail 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 vacant building as defined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible par[ies known to the Enforcement Officer were given an order to repair or remove the building at 778 SMITH AVE S by February 5, 2009, and have failed to comply with those orders. Advantages If Approved: The Ciry will eliminate a nuisance. Disadvantages If Approved: The City will spend funds to wreck and remove this building(s). These costs will be assessed to the property, collected as a special assessment against the property taces. A nuisance condirion will remain unabated in the City. This building(s) will continue to blight the community. Disadvantages If Not Approved: A nuisance condltion will remain unabated in the City. This building(s) will continue to blight the communiry. Total Amount of CostlRevenue Budgeted: Transaction: Nuisance Housing Abatement pct;viry Number: 001-00257 Funding Source: Financial I nformation: (Explain) , ° �;:�` � t��'�� February 3, 2008 2:27 PM Page 1 09-495 DEPARTME�IT OF S.4FETY AND INSPECTIONS Richard Lipper(, Manager of Code En,forcemers+ CITY O� SAINT' PAUL 3�5 Jackson Streec, Sui:e Z2D Sairst Pcu( d1N 55101-1806 Cnrismpher B. Co(eman, Mayor � February 6, 2009 NOTICE OF PUBLIC HEARINGS Council President and Members of the City Council Te(ephone: 651-Z66-1900 Fa csim i1 e: 651-166-1919 We6: wwwstpauLeov/dsi Department of Safety and Inspecrions, VacantlNuisance Buildings Bnforcement Division has requested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 778 SMTTH AVE S The City Counoil has scheduled the date of these hearings as follows: Legislative Hearing — Tuesday, April 14, 2009 City Council Hearing— Wednesday, Vlay 6, 2009 The owners and responsible paz'ties of record are: Name and Last Known Address Mohamed Musani 1820 Lakeland Ave N Brooklyn Park, MN 55445 ASL Inc 4001 University Ave NE Brooklyn Pazk, MN 55445 Abduliah Abdullah 3$99 Granada WayN Oakdale, MN 55128 Kenuga Properties, LLC 2312 Louisiana Ave S St Louis Park, MN 55426 Interest Fee Owner Tax Owner Interested Party C of O Responsible Party West Side Citizens Organizafion info a7wsco.or� westsidesafe(a),2rna il. com District Council Contact ,4tt �rma[ive Action Squai OpportwiiTy Employer 09-495 SUMMARY FOR PUBLIC HEARING 778 Smith Avenue South Legislative Hearing — Tuesday, April 14, 2009 City Council — Wednesday, May 6, 2009 The building is a one story, wood-frame gas station and convenience store, with a detached wood-frame shed on a lot of 8,712 squue feet. According to our files, it has been a vacant building since August 11, 2006. The current property owner is Mohamed Musani, per AMANDA and Ramsey county property records. The city has had to board this building to secure it from trespass. There have been twelve (12) SUMMARY ABATEMENT NOTICES since 2006. There have been twelve (12) WORK ORDERS issued for: -Removal of refuse and miscellaneous debris -Removal of tall grass and weeds On December 5, 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 January 6, 2009 with a compliance date of February 5, 2009. 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. (Assessed 2/4/09, pending for 90 days — 5/5/09.) Taxation has placed an estimated market value of $87,800 on the land and $127,400 on the building. As of Apri19, 2009, a Code Compliance inspection has not been completed. (C of O Team Inspection completed S/6/08.) As of February 10, 2009, the $5,000.00 performance bond has been posted. Real Estate taxes are current. Code Enfarcement Officers estimate the cost to repair this structure is $60,000 to $70,000. The estimated cost to Demolish is $12,500 to $16,500. 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. 09-495 778 SMITH AVE S February 6, 2009 page 2 The legal description of this property is: LAWTQN BROTHERS ADDITION TO THE CITY OF ST. PAUL LOTS 15 Al�'D LOT 16 BLK 51 The Deparhnent of Safety and Inspections has deciared this building{s) to constitute a"nuisance" as defined by �aslarive Code, Chapter 45. The Departrnent of Safety and Inspections has issued an order to the then known responsible parties to eliminate this nuisance condition by correcfing the deficiencies or by razing and removing tbis building{s). The property was re-insgected on February 5, 2009. There was no compliance and the nuisance condition remains unabated, the cammunity conrinues to suffer the blighring influence of this property. It is the recommendarion of the Department of Safery 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 manner as ta�ces. Sincerely, Steve Magner� Steve Magner Vacant Suildings Manager Department of Safety and Inspections SM:nm cc: Chad Staul, City Attorneys Office Mary Erickson, Assistant Secretaxy to the Council Cindy Carlson, PED-Housing Division Nancy Homans, Invest St. Paul District Council — Community Organizer pubhmg60183 9(OS Tax and Property Look Up Information - Structure Description Home Site Map Tax & Property Look Up Information - Structure Description Page 1 of 2 09-495 ContactUs Home � � Information � � Property Look Up � � Record Look Up � � Contact Us New Prooerty Search Back to Search Results Quick Info Property Information Taxpayer Name_ and Address Value Information Value Histort Structure Description Sale Information Special Assessments Property Tax Pa�ment Information Property Tax Pa�ment History 2p09 Property Tdx Statement 2009 Value Notice 2008 Propertv Tax 5tatement/Value Notice 2007 Pro�ert�ax Statement(Value Notice > Structure Description Property Identification Number 07.28.22.33.0080 (PIN) Property Address 778 Smith Ave 5 St. Paul 55107- 3523 Commercial Property: Parcel Size .20 Acres Parcel Width Parcel Depth Land Use Code 432 Land Use Description C- Convenience Store # of 8uifdings 1 Building# Bldg Area # of Stories Year Built 1 1,344 1.00 1957 hitp://rrinfo.co.ram sey.mn,uslpublia/characteristic/Parcel.aspx?scrn—Dwelling8zpin=9� 4/9/20Q9 DEPARTMENT OF SAFETY AND INSP�E?'I�d9'S Richard Lippert, !4lanager af Code Enforcement CITY OF SAINT PAUL Christopher B. Co[eman, Mayor 37i Jackson Street., Suife 220 Saen[ Pau{ MN 55101-1806 Telephone 651-166-1900 Facsimile: 651-266-7919 Web: wwwsroa !¢ov/dsi January 06, 2009 Mohamed Musani 7820 Lakeland Ave N Brooklyn Park MN 55445-2409 ASL, Inc 4001 University Ave NE Brooklyn Park, MN 55445 Abdullah Abdullah 3899 Granada Way N Oakdale, NIN 55128 Order to Abate Nuisance Building(s) Dear : Sir or Madam The Vacant/Nuisance Buildings Unit, Department of the Department of Safety and Inspections, Division of Code Enforcement, hereby declares the premises located at: 778 SMITH AVE S and legally described as follows, to wit: LAWTON BROTHERS ADDITION TO THE CITY OF ST. PAUL LOTS I S AND LOT 16 BLK 51 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 December O5, 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 first remedial action, a Code Compliance Inspection must be obtained from the Building Inspection and Design Section, 8 Fourth 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 atso be required to post a fve thousand dollar ($5,000.00) perfarmance bond with the Building Inspection and Design Office before any permits are issued, except for a demolition permit. AA-ADA-EEO Employer - . - .:. . . -,- ..� 7anuary 5 , zoo9 09-495 778 SMITH AVE S page 2 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 rime as a Certificate of Compliance or a Certificate of Occupancy has been issued. This is a one story, metal, masonry, wood frame structure and the wood frame shed. 1. There is chipped/peeling paint. 2. There is damaged exterior sign — missing cover. 3. There are broken windows. 4. The exteriar light fixtures are missing parts. 5. There is mold visible on interior. 6. There is water damaged ceiling; tiles missing. 7. There is open electrical wiring on interior. 8. The gas meter is locked off. 9. The electrical service conductors are cut at mast head. 10. There is a damaged exteriar electrical outlet. This property was condemned by the Department of Safety and Inspections Certificate of Occupancy Progt and a team inspecfion has been completed. See the condemnation and the team inspecrion reports for additional deficiencies. �'1 ' Repair the structure to a habitable condirion. The structure is a registered vacant building and must have a Team Inspection must be completed and a Certificate of Occupancy issued before the structure may be occupied. Contact the Department of Safety and Inspections Fire Prevention Program at 651-266-9090 for all Team Inspection and Certificate of Occupancy issues. Make all necessary repairs under require permits. Under Chapter 33.03 of the Saint Paul Legislative Code, faiIure to obtain a Certificate of Occupancy before occupying the shucture may result in issuance of cruninal summonses. As owner, agent or responsible party, you are hereby norified that if these deficiencies and the resulting nuisance condition is not corrected by February 5, 2009 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 , _ � _ � ; _ � ,. ._ . ��y:. January 5,2009 778 SMITH AVE S page 3 CIT! � � 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 Inspection Report must be obtained from the Building Inspection and Design Section, 375 Jackson Street, Suite 220, (651)266-9090. This inspection will idenrify specific defects, necessary repairs and legal requirements to correct this nuisance condition. If this building is located in a historic district or site (noted above, just below the property address) then you must contact Heritage Preservation (HPC) staff to discuss your proposal for the repairs required by this order and compliance with preservation guidelines. Copies of the guidelines and design review applicarion and forms are available from the Department of Safety and Inspections web site (see letterhead) and from the HPC staff. No permits will be issued without HPC review and approval. HPC staff also can be reached by calling 651-266-9078. As an owner or responsible party, you are 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 placard on this property which declares it to be a"nuisance condition", subject to demolition and removal 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 Abate" with the City Clerk's Office. If corrective action is not taken within the time specified in this order, the Enforcement Officer will notify the City Council that abatement action is necessary. The City Clerk will then schedule dates for Pubiic Hearings before 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 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 correcrive action is not taken within the specified rime, the City shall abate this nuisance. The costs of this action, including administrative costs will be assessed against the property as a special assessment in accordance with law. January 5, 2009 778 SMITH AVE S page 4 09-495 If you have any questions or request addirional information please contact Dennis Senty between the hours of 8:00 and 9:30 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 Reseazch Cindy Carlson - PED Housing Amy Spong — Heritage Preservation ota60135 12/08 � w � � x � � � � r � � O O N 7 �-�1 .� i� � CC ^LS d � F � � � x .� � .� a 09-495 d�� o 0 0 D�a � � � '. .., r, a � � o �� W �, N a��F 0 � wF�a x � � � �, � � � aoH o ° o ° o ° _ ° � ° �F" `�'�� `�'�� `�'�� `"�a `�'�� M M M M M � W A U W O�W �� W U �- a ` a ��'S .a W �� o z �W� N o `� -� � a � � ' S `� ; �° ��a ��, ~ � °`-' c '� t "S' `. � a a c� W � W �o �o �o V� V] N N N � r"i z O� � /� V] N W � c G: h � � W V � 7. � a � ' U xF z� �� z� a �� W w � > >, �., �; > v, �s �.� >� ;� ��, �� ; � z�, �� y �. �a �� ;a �� o�� o°:� a �,a > � a•�a a��.^ � � W a � x o��, '� s. ei � o� �° N 3 b � � � O � � � '� � • 3 �`a a �.x ,�� N .� �� ; .�oo 00 �.� �� wy � �� d W d�0 'x'NCiz �0.� 3 � O O N � R � � � d 'O d 3 � � � x U � 0 U Y � 0 c � 0 DI � � STATE OF MINNESOTA COUNTY OF HENNEPIN METRO LEGAL SERVICES C Widell, being duly sworn, on oath says: that on February 9, 2009, at 1:17 PM she served the attached: Notice of Public Hearing upon: Mohamed Musani, therein named, personally at: AFFIDAVIT OF SERVICE 7820 Lakeland Avenue N, Brooklyn Park, County of Hennepin, State of Minnesota, by handing to and leaving with Mohamed Musani, a true and correct copy thereof. Subscribed and sworn to before me on o� _ , 2009 �oA �.,(� Ge�e�— z`s 1002748 - 1 �_ . . M.v�++ww+avwwr. c _.a $ANDY R. ZAHAAD{(A � ' R � NOTARMPU�IC-NNNNESOTA � ,�� MyComm�svo�E�pnesJan 31 f0+0 • r RE: 778 SMITH AVE S Date: December 11, 2008 File #: 06 - 122833 Folder Name: 778 SNIITH AVE S HP District: Property Name: Survey Info: 09-495 PIN: 072822330080 Date: December 11, 2008 File #: 06 - 122833 Folder Name: 778 SMITH AVE S HP District: Property Name: Survey Info: 09-495 PIN: 072822330080 Date: December 11, 2008 File #: 06 - 122833 Folder Name: 778 SNIITH AVE S HP District: Property Name: Survey Info: CIT! � � PIN: 072822330080 r —s. f ::.,... : 3'�5 `s , , . ..._.v_+vSl:.: Date: December 11, 2008 File #: 06 - 122833 Folder Name: 778 SMITH AVE S I3P District: Property Name: Survey Info: DI � � PIN: 072822330080 Date: December 11, 2008 HP District: File #: 06 - 122833 Property Name: Folder Name: 778 SNIITH AVE S Survey Info: 09-495 PIN: 072822330080 � � � �J Date: December 11, 2008 HP District: File #: 06 - 122833 Property Name: Folder Name: 778 SNIITI3 AVE S Survey Info: PIN: 072822330080 09-495 Date: December 11, 2008 HP District: File #: 06 - 122833 Property Name: Folder Name: 778 SNII173 AVE S Survey Info: PIN: 072822330080 Date: File #: Folder Name: PIN: December 11, 2008 06 - 122833 778 SNIITH AVE S 072822330080 HP District: Property Name: Survey Info: 09-495 Date: December 11, 2008 File #: 06 - 122833 Folder Name: 778 SMIT`H AVE S HP District: Property Name: Survey Infa: I' �� PIN: 072822330080 Date: December 11, 2008 File #: 06 - 122833 Folder Name: 778 SNIITfI AVE S HP District: Property Name: Survey Info: �� .�� PIN: 472822330080 Date: December 11, 2008 HP District: File #: 06 -122833 Property Name: Folder Name: 778 SMITII AVE S Survey Info: 09-495 PIN: 072822330080 Date: File #: Folder Name: PIN: December 11, 2008 06 - 122833 778 SNIITH AVE S HP District: Property Name: Survey Info: 09-495 09-495 Date: December 11, 2008 HP District: File #: 06 - 122833 Property Name: Folder Name: 778 SNIITH AVE S Survey Info: PIN: 072822330080 Date: December 11, 2008 File #: 06 -122833 Folder Name: 778 5NIIT`FI AVE S HP District: Property Name: Survey InFo: 09-495 PIN: 072822330080 Date: File #: Folder Name: PIN: $ December 11, 2008 06 - 122833 778 SMITII AVE S 072822330080 HP District: Property Name: Survey Info: 09-495 Date: December 11, 2008 HP District: 09-495 File #: 06 - 122833 Property Name: Folder Name: 778 SNIITII AVE S Sucvey Info: PIN: 072822330080 x y ry" , :; --� �:t� �i �y�4 �� `�. � ¢ N. , .JL ! . � id � t v� s,,. � F� � �±� �� , �`�! � � - �.- � � i yA .. / i�t. �nF � � p* / ' �r . ,�. . - :s��, i��_,z;��t �-+" ;�, :5 l ;�. � :�FY' .j v �. ^ �� . r `�Fbtq64Wt�\MkkY;Zb�� ..r,�" : .. " ��yiy._�� `" Y g! n �:a z � � � ��v3 0 � „ � $ 1 ji v • w , . . >N,.,n.-w . „�., �. �. r .. � Y �,. 3 >:. : � . . � . i �i4 . � - � «e��x,� k h` s.*'� 4 a i . v ,� u'3 �� i Y '� ^"�`��. . . � � ~ �s � � W a �. � �^ � � � � .' a' x _:.. ' � " �. �; -,�:.�. �"� � . . .. � . ..•<_. .:., ' ...::. r ..,.. ...._ .*... a„:. 09-495 Date: December 11, 2008 HP District: File #: 06 - 122833 Property Name: Folder Name: 778 SNIITH AVE S Survey Info: PIN: 072822330080 �� .�� Date: December 11, 2008 HP District: File #: 06 - 122833 Property Name: Folder Name: 778 SNIITTi AVE S Survey lnfo: PIN: 072822330080 09-495 April 14, 2009 Legislative Hearing Minutes Page 8 7. Ordering the owner to remove or repair the building(s) at 778 Smith Avenue South within fifteen (15) days from adoption ofresolution. The property owner of record, Mohamed Musani, did not appeaz. Sami Abed and Loay Abukhdain, ASL Inc., appeazed and stated that they had purchased the property in March 2Q08 from Mr. Musani. Ms. Moermond asked for a report from Mr. Magner. NIr. Magner stated the building was a one story, wood frame, gas station and convenience store with a detached wood-frame shed on a lot of 8,712 square feet and had been vacant since August 11, 2006. A C of O Team inspection had been done on May 6, 2008, the vacant building registration fees in the amount of $1,000 went to assessment on February 4, 2009, and the $5,000 performance bond had been posted on February 10, 2009. On December 5, 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 January 6, 2009 with a compliance date of February 5, 2009. 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 land to be approximately $87,800 and the building to be $127,400. Real estate tases were current. Code Enfarcement estimates the cost to repair the building to be approximately $60,000 to $70,000. The cost for demolition was estimated to be approximately $12,500 to $16,500. There had also been 12 summary abatements issued to this property since 2006, 12 of which went to work order: to secure the building and the City had to board the building to secure it from trespass, remove refuse and miscellaneous debris, and cut tall gass and weeds. Mr. Magner said it was his understanding that these owners have applied to DSI to rehab the building into a restaurant. He presented photographs of the property. Ms. Moermond asked for a report from Ms. Spong. Ms. Spong stated that this building was built in 1957 and originally, there were two houses on this corner lot. She said that there was no historical significance to this building. Ms. Moermond asked about the history of the summary abatement orders and work orders. Mr. Magner responded that the suimnary abatement orders continue to be issued since the building was declared vacant. As recently as March 24, 2009, he had called the owner to tell them to clean up the lot and to secure the shed. He was aware that the gas tanks had been removed. Ms. Moermond asked what the plans were for the rehabilitation of the building. Mr. Abed stated that they surveyed the asea and determined that there weren't a lot of restaurants in the area. They had removed the gas tanks and gas pumps, repaired the ceiling that was leaking, and had done an environmental survey to determine if the ground was contaminated. They had been working with the City and had met with Jeff Fischbach and Corrine on what needed to be done to get approval for a restaurant and were told that the parking was adequate for a restaurant. They had also worked with an engineer and an architect on drawings and were currently waiting for a glass test to come back before they could continue with their plans for the restaurant. Mr. Abukhdain stated that they had not received the arders for this hearing and only found out about it from the previous owner. He was unsure why the City did not have the conect address. Ms. Moermond asked Mr. Magner who the orders were mailed to as the letter setting the dates of hearing indicated that certified mail was sent to ASL Inc. at 4001 University Avenue NE in April 14, 2009 Legislative Hearing Minutes 09-495 Page 9 Brooklyn Pazk 55445. Mr. Magner reviewed the file and said that the notice was returned to their office as undeliverable. Mr. Abed stated that their address was actually in Columbia Heights. Mr. Magner stated that according to STAMP, the property was zoned for a restawant and it appeazed that the owners had been working with Jeff Fischbach, project facilitator and Corrine on site plan review. He said he believed the only review that was still required was an environmental health review. Ms. Moermond suggested laying this matter over to the Apri130 Legislative Hearing, if necessary. Mr. Magner will contact Jeff Fischbach regarding the restaurant proposal for this location, In order to receive a grant of time to do the rehab, the following must be provided: 1) maintain the property; 2) obtain an environmental health review for approval of a restaurant; 3) provide a work plan; 4) provide fmancial documentation including an affidavit committing the funds to do the project (or construction loan or line of credit). Apri130, 2009 Legislative Hearing Minutes 09-495 Page 4 Ordering the owner to remove ar repair the building(s) at 778 Smith Avenue South within fifteen (15) days from adoption of resolution. (Laid over to April 14; hearing may not be necessary) Loay Abukhdain, property owner, appeared. He said that Mr. Abed was called out of the country on a family emergency and was unable to attend the hearing Mr. Magner stated that at the last hearing, the owners indicated they planned to convert the gas station into a restaurant and needed a review by DSI - Environmental Health on the change of use for food preparation. He reviewed the letter by Ms. Vang dated April 16. Ms. Moermond asked Mr. Abukhdain what his plans were. Mr. Abukhdain stated that he had recently put a new roof on the building and that they had invested over $50,000 into the building so far. He had not had the environmental health review done yet as he believed his architect had submitted all of the necessary paperwork and reports to DSI; however, he found out that the architect and engineer had not completed the design yet so the plans would likely not be submitted until the end of the following week. He said Yhat his plans were to bring the building into code compliance which he believed they would need approximately three months to complete. He said they would likely hold off on moving forwazd on their plans for a restaurant until the initial rehab was completed. Ms. Moermond stated that an environmental health review would not be necessary if they were not planning to move forward to convert the building into a restaurant. She said she would need him to provide proof that he had available funding in the amount of $60,000 to $70,000 and he would also need to complete a work plan in order for her to recommend a grant to time to complete the rehab of the building. The financing could be a line of credit, a construction loan or a personal account and she would need a signed affidavit dedicating that amount of funds for this project. Mr. Abukhdain responded that he had talked to his bank and they indicated they would not provide additional financing until the property was brought up to code. He said that they did have the finances as they owned three gas stations which were worth over half a million dollars. Ms. Moermond stated that the following would need to be provided by the close of business on Monday, May 4: 1) proof of financing in the amount of $60,000 with a signed affidavit dedicating the funds for this project. If provided, she will recommend granting time to complete a work plan and will then recommend 90 days to bring the building into compliance �� - �I`�`.� C ITY O F SAINT PAUL OFFICB OF THE CITY COUNCIL 310 CITl' HALL IS WESTKELLOGGBOULEVARD SAINT PAUL, MN 5 5 102-7 615 EMAIL: ]e�islativeheanngs(dci ctnaul mn us PHONE� (651)266-8560 FAX: (651)266-8574 April 16, 2009 Sami Abed Loay Abukhdain 4001 University Avenue NE 3717 103` Avenue N Columbia Heights, MN 55421 Brooklyn Pazk, MN 55443 Re: Order to Remove or Repair 778 Smith Avenue South Dear Mr. Abed & Mr. Abukhdain: This is to confirm that the above-entitled matter was laid over to Thursday, April 30, 2009 at 10:00 a.m. in Room 330 City Hall if it is deemed a hearing is necessazy. Mr. Magner stated that he will contact Jeff Fischbach regazding the restaurant proposal for this location. In the meantime, Mazcia Moermond, the Legislative Hearing Officer stated that the following must be met if you intend to rehabilitate the building: l. maintain the property; 2. have environmental health review for approval of a restaurant; 3. present a work plan which includes timelines for completing the wark and must be done in accordance with the C of O Team Inspection Report (Note: the City's estimate is between $60,000 and $70,000); 4. provide financial information such as a financial letter or financial documentation, which could be a construction loan, a line of credit or a bank statement (with personal information redacted) which demonstrates that you have the financial means to complete the project; and 5. provide an affidavit committing the funding necessary to complete the project. The City Council Public Hearing is scheduled for Wednesday, May 6, 2009 at 530 p.m. in Room 300 Council Chambers. Sincerely, ��Z �� Mai Vang Paralegal to Mazcia Moermond cc: � Steve Magner, DSI-CE {via emai]) ,� Athena Blias, DSI-CE (via email) Amy Spong, DSI-HPC (via email) 05/04/2009 20:43 612 AMANA Construction Co. '1237 'I07th Ln. NE Blaine, MN 55434 612-636-3447 fax:763-862-5646 Estimatsci Completion pate: �7 PAGE 61 (�t- �a5 Customer Loa ft b v. J-4 L, � � Address'Z"77$ �w��} l.� q,�,.� S ��rt� 4�w� MN . Phone (�2 �03 �l b'� ESTIMATE AND AGREEMENT CHANGE ORDER AGREEMENT This agreement is valitl for your acceptance for up to 30 days after the dato Signed by Amana Construction Co. License Number. 20528765 Job Number. Estimated Siart Date: 2. 4. 5. 6. FEDEX OFFICE , .��; �' `._:�,a,�.a�i��x.;:a,, ° �.'�d!l1�STRf-'lC�'J�tN � i• I" �!{� ;.w=�.u:� -.iw.�:ti.�a�t;.r �. _�eo%f�'�,- - 7�°Le � ,l a. 9. 1 O. ��. 12. 13. �4. �5. PAYMENT SCHEQULE �"' 50 % upon start of work 50% upon compietion Data Paid: _,��/ �d � AmountPaitl: ��y-�j „ e�p" Method Paid: �� Received By: �-�� Late Payment Fee, Any amounts not paid when due will be subject to a late payment fee computetl tlaily at a rate equal to the Iesser o4 one and one-half (�.5 %) per month or the hlghest rate pe�nissible under applicable usury law. Pre-L,ien Notice_ AII contractors are requiretl by Minnesota State Law to provide the Owner with the information specified below. It Is designed to ensure that tho Owner understands Owner's righYS in regard to liens and ffen waivars. This statemenT is called a"NOtice ot Lien." It is a filing of tien. It is intended to inform antl protecY the Owner. "Any person or oompany supplying labor or materlals for this improvement to your property may file a lien against your property if that person or compeny is noY paitl for the contributfons. Untler Minrtesota law, you have the right to pay persons who supplied labor or materials for this Improvemant directly and detluct th9s amount 7rom our con#ract price, or wlthhold ihe amounts due them from me untPl '120 tlays aiter completion oP the impKOVe�ent unlpss I gpve you a lien waiver signetl by parsons who suppfletl any labor or material far the improvement and who gave you timely notice." Owner's Financial CondHion: Insecurlty. It, In Contractor's sole jutlgement, Owner's financial condition causes Coniracior to be insecure with respect to Owner's performance of any obligation undor this agreement, Contractor may accelerate and demand immetliate payment of any amovnts owed Contractor, cancel this Agreement or suspend pertormance_ CUSTOMER �� Your signature betow acknowletlges that you aIe the owner or an authorized agent for the owner of iho subject property, that you have had the opportunity to read and understand this Agreement, that you understand the scope of the repair and/or improvemont project to be performed by AMANA Construction Co., thaY you understand and accept fhis Agreement, inclutling the Terms �� ntl Conditions, and that you acknowtetlge receipt of a copy of this Agreement. Signature: _ Print fVame: PROJECT COST Q Total Cost: ��n� .� e Adjustments: Less Deposit: f��,_C1�CX .. Balanee Due; �.-� ( (o °r Date: _ � � r, �v' � AMANA CON U ON C�O. / Signature:C��Q �� DaYe: �J � [ 6 �� License Numbar. � !1 �'9� � t..� �ESCRiPT10N OF $ERVICES TO BE COMPLETED: