Loading...
10-88Council File # 10-88 AMENDED 3/3/10 Green Sheet # 3085459 RESOLUTION �� SAINT PAUL, MINNESOTA Presented by 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 or wrecking 3 and removal of a three-story wood frame commercial building and its attached loading dock 4 located on property hereinafter refened to as the "Subj ect Property" and commonly known as 5 488 ROBERT STREET SOUTH a/li/a 108 CESAR CHAVEZ STREET. This property is 6 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 WEST ST PAUL BLKS 1 THRU 99 EX SELY QUADRANGULAR PART MEASi IRING 84 76/100 FT ON SWLY L AND 143 97/100 FT ON NELY L PART OF LOTS 1 2 3 4 AND 7 BLK 72 NELY OF L RUN PAR WITH CONCORD ST AND THRU PT ON W L OF AND 80 FT FROM N COR OF BLK 72 WHEREAS, based upon the records in the Ramsey County Recarder's Office and information obtained by Department of Safety and Inspections on or before May 18, 2009, the following are the now known interested or responsible parties for the Subject Property: Bayview Loan Servicing, LLC, 4425 Ponce De Leon Blvd, 5` Floor, Coral Gables, FL 33146; Murnane Brandt, 30 East 7` Street, Ste 3200, St Paul, MN 55101; Sarah Roehrig, Roehrig-Clouse, Inc., 6630 S Saunders Lake Dr, Minnetrista, MN 55364; Goodhearted People, LLC, c/o Supenn Harrison, 486 Robert Street N, St Paul, MN 55101; Housing and Redev Authority, 25 Fourth Street W, St Paul, MN 55102-1634; West Side Organization. WHEREAS, Department 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 September 9, 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 October 9, 2009; and WHEREAS, 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 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 � 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 WHEREAS, a hearing was held before the Legislative Hearing Officer of the Saint Paul City Council on Tuesday, December 22, 2009 to heaz testimony and evidence, and after receiving testimony and evidence, made the recommendation to approve the request to order the interested 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 ordinances, or in the alternative 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 fdteen (15) days after the date of the Council Hearing; and WHEREAS, a hearing was held before the Saint Paul City Council on Wednesday, January 20, 2010 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 488 ROBERT STREET SOUTH a/k/a 108 CESAR CHAVEZ STREET. 1. 2. 3. That the Subject Property comprises a nuisance condition as defined in Saint Paul Legislative Code, Chapter 45. 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). 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 Deparhnent of Safety and Inspections, Vacant/Nuisance Buildings. 8. That the known interested parties and owners are as previously stated in trus resolution and that the notification requirements of Chapter 45 have been fulfilled. rci�:�:; ss 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 1Q9 ��. • The Saint Paul City Council hereby makes the following order: 1. 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 blighting influence on the community'��� °°'��'�;,;'°':�� "�:� ��,�'..�° ��a ���-°�':�� �" ,..a,.,,,.e ...;+�. ..ii ....,.i;,..,�.io ,.,.ae,. ,...a ,...a;.,..,.,.o,.� ..i`°�....^`'.`�z by demolishing and removing the structure in accordance with all applicable codes and ordinances. The �+�l��e� demolition and removal of the shucture must be completed within ���a� i� forty-£ve (45) days after the date of the Council Hearing. If the above conective 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 Subj ect 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. 110 4. It is further ordered, that a copy of this resolution be mailed to the owners and interested 111 parties in accordance with Chapter 45 of the Saint Paul Legislative Code. Bostrom Carter Stark Thune Requested by Departmznt oE Safety and Inspections By: Form Approved by G4ty Attomey By: Form Appzoved by Mayor for Submission to Council By: Adopted by Council: Date 3�/Q� Ja/°/f//f rr�a�:3 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � I DepartmenUOffice/COUncil: ' Datelnitiated: � Green Sheet NO: 3085459 � SI - Dept. of Safety & Inspections '�, � OCT 20Q9 ' Contact Person & Phone: � 60B KESSLER 266-9013 Must Be on Council Agenda by (Date): j Doa Type: RESOLUTION i ; E-DOCUment Requiretl: Y � Document Contact: Contact Phone: I � Assign Number i For � Routing Order Total # of Signature Pages _(Clip AII Locations for Signature) Action Requested: 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 Deparhnent of Safety and Inspections is ordered to remove the building, The subject property is located at 488 ROBERT STREET SOUTH aka 108 CESAR CHAVEZ STREET. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts MustAnswer the Fo(lowing Questions: 1. Has this person/firm ever worked under a contract for this department'� Yes No 2 Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answecs on separafe 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 Chaptez 45 and a vacant building as deFined in Chapter 43 of the Saint Paul Legislative Code. The owners, interested parties and responsible parties known to the Enforcement Officer were given an order to repair or remove the building at 488 ROBERT ST S aka 108 CESAR CHAVEZ ST by October 9, 2009, and have failed to comply with those orders. Advantages If Approved: The City will eliminate a nuisance. DisadVan W ges If Approved: The City will spend funds to wreck and remove this building(s). These cos[s will be assessed to the property, collected as a special assessment against the propezry taxes. A nuisance condition wi11 remain unabated in the City. This building(s) will continue to blight the community. Disadvantages If Not Approved: A nuisance condition v✓ill remain unabated in the City. This building(s) will continue to blight the community. Totai Amount of CostlRevenue Bud efed: Transaction: 9 Funding source: Nuisance Housing Abatement pctiviry Number: 001-00257 Fi nancial Information: (Expiain) December 29, 2009 10:35 AM Page 1 10-88 DEPARTMENT OF SAFETY AND INSPECi[ONS Ritktvd Lipper4 Munager of Code Enforcement CTTY OF SAINT PAIJI. 3�$ Jnckson Streel., Suite 120 Sainz Pm+1, ?.�fN SSIOi-1806 Chriseopher B. Caleman, Mayor Y October 23, 2009 NOTICE OF PUBLTC I�EARING5 Council President and Members of the City Council Te(ephnne: 651-266-8989 fouimife: 45/ d66-7979 Web: wwwst�aulQav/dsi Department of 5afety and Inspections, VacantNuisance Buildings Enforcement Division has raquested the City Council schedule public hearings to consider a resolution ordering the repair or removal of the nuisance building(s) located at: 488 ROBERT ST S aka 108 CESAR CHAVEZ ST The City Council has scheduled the date of these hearings as follows: Legislative Aearing — Tnesday, December 22, 2009 City'Council Heariag — Wedaesday, January 20, 2d10 The owners and, responsible parties of record aze: Name and Last Known Address Bayview Loan Servicing, LLC 4425 Ponce De Leon Blvd S Floor Coral Gables, FL 33146 Murnane Brandt 30 7�' Street East, Suite 3200 St Paul, MN 55101 Sazah Roehrig Roehrig-Clouse,Inc 6630 S Saunders Lake Dr Minnetrista, MI3 55364 Good Hearted People, LLC c/o Supenn Harrison 4&6 Robert Street N St Paul, MLV 55101 Interest Fee Owner Foreclosure Attorneys C of O Responsihle Parry Tax OwneT Housing and Reclev Authority 25 Fourth Street West Interested Party St Paul, MN 55102-1634 West Side Citizens Org caztosCa�wsco.org & westsidesaf�email.com District Council Contact An Affu'tnarive Action Equal Opporluniry Employet i :: 488 ROBERT ST S October 23, 2009 page 2 The legal description of flus property is: WEST ST PAUL BLKS 1 TIiRU 94 EX SELY QUADRANGULAR PART NFEASURING 84 761100 NT ON SWLY L AND 143 97/100 FP ON NELY L PART OF LOTS 12 3 A AND 7 BLK 72 NELY OF L RUN PAR VYITH CONCORD ST AND THRU PT ON W L OF AND 80 FT FROM N COIt OF BLK 72 The Department of Safety and Inspecrions has declared this building(s) to constitute a"nuisance" as defined by Legislative Code, ChapYer 45. The Department o£ Safety and Inspections has issued an order to the then lrnown responsible parties to eliminate this nuisance condirion by correcting the deficiencies or by razing and removing this building(s). The property was re-inspected on October 23, 2009. There was no compliance and the nuisance condition remains unabated, tha community continues to suffer the blighting influence of this property. Tt is the recommendation of the Department of Safety and Fnspections 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 tlte reai estate as a special assessment to ba collected in the same matuier as taxes. Sincerely, Steve ltfag�er Steve Magner Vacant Buildings Manager Department of Safety and Tnspections SM:hI cc: Chad Staul, City Attomeys Office Mary Erickson, Assistant Secretary to the Council Cindy Cazlson, PED-Housing Division Nanoy Homans, Invest St. Paul District Council — Community Organizer pubhmg601S3 10(09 � :: SUNIlVIARY FOR PUBLIC HEARING 488 Robert Street South (a/k/a 108 Cesar Chavez) Legislative Heazing - Tuesday, December 22, 2009 City Council - Wednesday, January 20, 2010 The building is a three story, wood frame, commercial buIlding with a loading dock on a lot of 6,534 square feet. According to our files, it has been a vacant building since 7uly 21, 2009. The property owner is Roehrig-Clouse Inc, per AMANDA and Ramsey County Property T� records. (Note: Per title search at RC Tax Record, new owner stated as Bayview Loan Servicing, I,Z,C.) There have been two (2) SUMMARY ABATEMENT NOTICES since 2009. There has been one (1) WORK ORDER(S) issued for: - Removal of tall grass and weeds On August 12, 2009, 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 September 9, 2009 with a compliance date of October 9, 20Q9. 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. Taxation has placed an estimated market value of $126,600 on the land and $151,200 on the building. As of December 17, 2009, a Code Compliance Inspection has not been completed. As of December 17, 2009, the $5,000.00 performance bond has not been posted. Real Estate taxes are current. Code Enforcement Officers estunate the cost to repair this structure exceeds $150,000. The estunated cost to Demolish exceeds $50,000. DSI, Division of Code Enforcement Resolution submitted for consideration orders the property owner to repair or remove this structure within fifteen (15) days, if not the resolution authorizes the Division of Code Enforcement to demolish and assess the costs to the properry. Tax and Property Look Up Infonnation - Quick Info ra�,c i ui � I :: ,v,-., _.t_ 4,� _..., �,; Tax & Property Look Up Information - Quick Info tu�r:e � �_r�:`�rm,z�;�n � � F-o_�er:y_�ook UP I I Record_�c�k!Jn � � Ccnt�ct_Us r�er� Propert�r Search Bac!: :c Searcr, �esis�ts Quick Info Froperty i�,tor.,�auon Tax��a�er �a��,e and Auti ress V�iaF Inft�rm�ticn �d�t�,:e HistetY S_tr��cr.are Uest:ri„ti�ri Se�ie_ Sr}f�r:nacic�n Sp�ci�S Assessn�=e;�ts Prok�e�ty T�x_��yrne_�r ti�fc�r��r�ation Property ' ax Fe�yme_��t Hlstory 2��� Payi�ent Stubs 2{7�° Pronerty?ax StaternenT 2�v9_l!alue_�atice 20fl$_Prop� t�_�ax StatementlVa:�e N�t.ce Zv^C7 Pro�e State;r3entr"�'al�e Not;ce 2D06 r�roPe� ty Tax St�te�rien:/`J�i�;F_ No�ice > Quick Information Property Zdentification Number (PIN) Property Address Assessment Date Tax Payable Year Total Estimated Market Value TotalTaxable Market Value Total Estimated Land Value Total Estimated Building Value Total Property Tax + Special Assessments Property Class Description Go to_E_Pay ('�S_�ark_�ro�_`�se; Req-�irements) 08.28.22.21.0075 108 Cesar Chavez St St. Paul 55107-2289 01-02-2008 01-02-2009 2009 2010 $277,800 $277,800 $277,800 $Z77,800 $126,600 $126,600 $151,200 $151,200 $9,490 Commercial Commercial Year Built 1912 # of Stories 2.00 Finished SQ Feet 13889 Foundation Size Tf�� 3�8a� s�r aecticsn J 7mwrosia�� i�tar��e aazci Le��i �e�cri�st€on I'ss�eeS 9�eoorr� m�y Ise a�a ��farev§aYe� I��aO de�cri�atiesrs - C)ra re�t use to gsr�par� legar civcum�nt� Plat or Section / West St Paui Blks 1 Thru 99 Township / Range Le9al Description Ex Sely Quadrangular Part Measuring 84 To determine whether your 76/l0o Ft On Swly L And 143 97/l0o Ft On property is Nely L Part Of Lots 1 2 3 4 And 7 Blk 72 Abstract or Torrens, call Nely Of L Run Par With Concord St And Thru (651)266-2000 Pt On W L Of And 8o Ft From N Cor Of Blk 72 Most Recent Qualified http://rrinfo. co.ramsey.mn.us/public/characteristic/Parcel.aspx?scrn=Quick&pin=082822210075 &cnt=0 12/17/2009 DEPARTMENT OF SAFETY AND INSPECTIONSl O—g8 Ricfiard L�ppeK, Manager of Code Enfarcement CITY OF SAINT PAUL Christopher B. Coleman, .Mayor 375 Jackson Street, Sufte 220 Saimt Pau[, MN 5510l-1806 September 09, 2009 Roehria Clouse Inc 108 Cesar Chavez St St Paul MN 55107-2289 Sarah Roehrig Roehrig-Clouse Inc 6630 Saunders Lake Dr South Minnetrista, MN 55364 Bayview Loan Servicing LLC 4425 Ponce de Leon Blvd, 5` floor Coral Gables, FL 33146 Murnane Brandt 30 Seventh Street East, #3200 St Paul, MN 55101 Order to Abate Nuisance Building(s) Dear Sir ar Madam: 7elephone� 6i1-266-8989 Facsami[e: 651-266-1979 Web: www stpaul ew/dsf The Vacant/Nnisance Buildings Unit, Department of the Department of Safety and Inspections, Division of Code Enforcement, hereby declares the premises located at: 488 ROBERT ST S aka 108 CESAR CHAVEZ ST and legally described as follows, to wit: WEST ST PAUL BLKS 1 THRU 99 EX SELY QUADRANGULAR PART MEASURING 84 76/100 FT ON SWLY L AND 143 97/100 FT ON NELY L PART OF LOTS 12 3 4 AND 7 BLK 72 NELY OF L RUN PAR WITH CONCORD ST AND THRU PT ON W L OF AND 80 FT FROM N COR OF BLK 72 to comprise a nuisance condition in violation of the Saint Paul Legislative Code, Chapter 45.02, and subject to demolition nnder authoriTy of Chapter 45.11. On August 12, 2009, 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. 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. AA-ADA-EEO Employer September 9, 2009 488 ROBERT ST S 10-88 page 2 Changes or additions to the electrical system, mechanicai system, or the plumbing system may necessitate updating or upgrading the systems involved. This is a three-story wood frame commercial building and its attached loading dock. DEFICIENCY LIST FOR 488 ROBERT STREET S aka 108 CESAR CHAVEZ STREET Exterior Deteriorated and missing mortar joints, bricks, stones and wall caps throughout the exterior walls Basement window on the east side abandoned; work incomplete, open to elements Top of the north side masonry wall beginning to bow by the rain gutter inlet Metal eaves rutted through; open Rot damaged wooden door framing and trim Interior Mold Ceiling lights missing parts Sink in work area missing pieces Partially collapsed l floor ceiling Open electrical juncrion boxes Improper electrical adaptors in light sockets Chipped/peeling paint Extension cord wiring Water damaged ceiling and floors; 2 nd floar ceiling deteriarated, partially collapsed Excessive and disorganized storage of combusrible; no fire suppression systems evident; no smoke/fire detection system evident Interior conditions indicate a deteriorated and leaking roof ORDER: Repair the structure to a habitable condition. This structure is a registered vacant building that must have a Certificate of Occupancy before the structure may be occupied. Obtain a Certificate of Occupancy from the Department of Safety and Inspections, Certificate of Occupancy Program. You may contact D.S.I. C of O Program at 651-266-8989, for a code compliance inspection and issuance of the Certificate of Occupancy. TYus telephone number can also be used for obtaining all necessary permits for required work to repair the structure. Under the Saint Paul Legislative Code, failure to obtain a Certificate of Occupancy before occupying the structure may result in issuance of criminal smnmonses. September 9, 2009 10-$$ 488 ROBERT ST S page 3 As owner, agent or responsible party, you are hereby notified that if these deficiencies and the resulting nuisance condition is not corrected by October 9, 2009 the Deparhnent of Safety and Inspections, Division of Code Enfarcement, will begin a substantial abatement process to demolish and remove the building(s). The costs of this action, including administrative costs and demolition costs will be assessed against the property 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)2b6-8989. This inspection will identify 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 application and forms aze available from the Deparlment 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. The property shall not be sold, transferred or conveyed in any manner until the Nuisance Conditions have been abated and the Certificate of Code Compliance or Certificate of Occupancy has been issued. 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 Deparhnent of Safety and Inspections, Division of Code Enforcement. The deparhnent 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 wil] notify the City Council that abatement action is necessary. The City Clerk will then schedule dates for Public Hearings before the CiYy Council at whioh 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 whicYa 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 time, 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. September 9, 2009 1�-88 488 ROBERT ST S page 4 If you have any questions ar request additional 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 maal message. Sincerely, Steve Mab er Vacant Buildings Program Manager Division of Code Enforcement cc: Mazy Erickson - Council Research Cindy Carlson - PED Housing Amy Spong — Heritage Preservation ota60135 5/09 � .� � � .� � � .� � � � O Z..) � � � � � o 0 0 10-88 rs a c, ��"A c� o� a c� o I �z M �� � oo�H �H�A � � � � o � o � o � o � o � o ,. Z� � o � o � o � o � o � o � � � \ °j� \ � c ° \° \, � O � N ~ N ~ N ~ N ~ N ~ N ~ � � � � � � a � A � � " .- ""i � ti � "'� � H - N i � W W � U � � W � W U � a� .° w � U O1 � � W M N � � V1 O Ar U Cr' � E-i �l Ca - � � C ° U�� (� � � � `� � --- � � E.i �1 [-+ o 0 0 0 a�z N H N � U�" r o 0 0 0 ,� " .� " ,.a E, o ��'W N �" ra o r, � T W � o � E" a -° � '" '� � � E V1 � p0 > �p L� � ,.� .� M E"' • J � � � � � � � Q � O � x , ,r W'�7 ' o M rr�o �a�n c�.oZo > N �,�'� v1 � � „ '-. �" � ° -`� i „ v� � � a�i o � .'�r o- � a�i Gr� b W v�i v�, a�i �+ A " � s v� 0.�. a�i `� .y � � o q � � � '�" ° �, � �xv' �� o W � a � �p �y� oU�"v, � � a�i� c°.�� .d 3 � p„ o �s � .. � oq 'y ,� .. en � � �� � w � � s `�' '� '�C � � o ° � � . � r � v' � . o o r� ° �, o � N,c a' �� P�+ s" O M ^' O O �O p" O �� a' N c) � O.-+ cC l0 � 00 �. v1 ,.- c -'� W 7� U � M V] U] �i l0 � CJ U d' V� �' N C/� � U,� � ° � a io-ss Serial # BEPSAI 58671 3026 Re: 488 RoberL St STATE OF FLORIDA CdIINTY OF M=AMI—DADE AFFIDAVIT OF SERVICE , �,��� (�'i�`��''� , beir.g duly sworn, on oath says tha on (Name of Seiver) i� / �� /2009 d� _�:��,,��M (Date of Service) (Time of Seroice) s(he) served the attached: Notice o£ Public Hearings upon: Bayview Loan Servicing, LLC thesein named, parsonally at by handling to and leaving with: 9425 Ponce de Leon Boulevard Sth Flooz Coral Gables, FL 33146 [� the Registered Agent of fiayview Loan Servicing, LLC [] an Officer of Bayview Loan Sen'icing, LLC [ J a Managing Agent, someone within Bayview Loan Servicing, LS,C whose management capacity is such that (s)he exercises independent jvdgment and discretion Per5on a tTUe and co=reCt copy thezeof. Subscribed and Sworn to be£ore me �_/ �� /2009. (Signature of Notary) u .� .� _ �-.a:._ �'-�g —�,iFi-, cr� ;a.e;; i�; x `.` � := ', , . ,, 1 �f�� � _ . �:� , .� i� ���".'.�,,,w. �.� , _,:��: � � ��4�.; -,�` \ /'Ci ."�.'i�"��'�'3 � '^'b"�'6' were left) {Tit�Relation's' ipj � �� � p � {SignatUre of erver? * Service was �ompfete[1 by an independent conYractor reta by Metro L e B el Sevvices, Inc. Metro Legal Services, Inc. 330 2nd Avenue South, Suite 150, Minneapolis, MN 554Q1 T(6121 332-0202 or (8Q�) 488-8494 F(b12) 332-5215 ;� ._�, :.� r- ��.' :3 Date: August 13, 2009 HP District: File #: 09 - 031637 Property Name: Folder Name: 488 ROBERT ST S Survey Info: PIN: 082822210075 Date: August 13, 2009 File #: 09 - 031637 Folder Name: 488 ROBERT ST S HP District: Property Name: Survey Info: i :: PIN: 082822210075 :�+ t ° �' � � a � _ .<. a a� � � � " ,. i � 4< :. .-. �. ,. ' z,e iam „� ', . . � , .; . . � ° ,, , _ p T „ � � , "�9e ;�"'a'��, . ,S t+ ^,. `� 4` � ^`�a '��i�+�- e iw..�'�a.5 .:iL.. £� �k � .,o �, � . . . . . . . i :: Date: August 13, 2009 File #: 09 - 031637 Folder Name: 488 ROBERT ST S PIN: 082822210075 HP District: Property Name: Survey Info: x3� =a`� t° � - - ,� � — _ - _ �� �� ww . s: � ' „.� ,.-.-�. ���= r ' � < � � � _.� � � � _�_ � .. � � - �; n ��z�� � � �� � � , � � ' ,. � �,� -�" �`'. - _ x� �, ��: � � �: � �, r; � � __. � �_ - - �=` ,+ Date: File #: Foider Piame: PIN: August 23, 2009 09 - 031637 488 ROBERT ST S 082822210075 HP District: Property Name: Survey Info: i :: i :: Date: August 13, 2009 HP District: F$e #: 09 - 031637 Property Name: Folder Name: 488 ROBERT ST S Survey Info: PIN: 082822210075 �ktY�� � �(a�ia_ �4�.�„� � � S rF a� aFY ,?^� P ��s. "'�'v` k i ..,f- � � �iQ � art ��� �� . r �.. " n'2'� ' ' �.. ��-�. .. - �?� XY µ 3 i ..rmyx' . �� = w�. �,�s.�^ _ .�*. - �r'� �' �m"�u ,_ �.� r .� �" � s � Y .. ; P=. ... s ,-'=�, � � , , . , - " "' "„' a , � � � } w , r . . � � „ ( x' ..,. . , .. . - , . �.,, sn��4 �� � � �K ...v<..s�.:`�z__t_-;t'!.h,��:_. :..,... .,._ . ., . Date: August 13, 2009 File #: 09 - 031637 Folder Name: 488 ROBERT ST S pIN: 082822210075 -__ --� � r � , .�.., � � �' . '' ; v,::.. �'� ° � ,�:�� �; ELP District: Property Name: Survey Info: � :� - '` - `k � , a _ ... , . . ,.' � � �"�. � ?,-' ,. ,�� ! I :: �, . . ,.� , .�. ., � �, � <� - �_ �e , .. - °_ �`� ��' � ��.;° u ,,,; :: �,� ,� � ,� t� -� ,a s t h � ° v �� �, s :,�. .<< "C _ y ' �, �, p , "� . S � ,a^�+ i� �. . . `.�i", � � �' � ' ; � . . � ii� a ��3, i .�. .. �.fi p � .. . � . ... .>�•" � 7 ��_ hg�� : 'yx.�. s .. ,��yucr „- ��. �, � ± ^x� �,r; -.. � " a.. , Date: August 13, 2009 File #: 09 - 031637 Folder Name: 488 ROBERT ST S pIN: 082822Z10075 r HP District: Property Name: Survey Info: ii:: Date: August 13, 2009 File #: 09 - 031637 Folder Name: 488 ROBERT ST S FIP DistriM: Property Name: Survey Info: I 1 ': PIN: 082822210075 Date: August 13, 2009 File #: 09 - 031637 Folder Name: 488 ROBERT ST S HP District: Property Name: Survey Info: I 1 :: PIN: 082822210075 i�:: Date: August 13, 2009 File #: 09 - 031637 Folder Name: 488 ROBERT ST S PIN: 082822210075 � � :. "d'���y� i ,�?4CP£i'k(v'�� +ri'. � " 5 � £ + 'k '``vss:y, b'a':S't,. � � y �`��>, yt: y� ' _ Rc; � � S � c � 1 .�A�'"�� 4� ��y .rv?�� � o `µ�, �*� . y x,'.ka r+x'' y s<� ' p' . " : � � �� Y�Hh ; �,�� ��"`",:.. :, '� .... .,�"..��""�a.�"„'��`,��� :�Y'�u a Y*'� s' „xr' ��� � ���, ,_ �a...<.nt . r "'`'�'`"r,al.:' , N- . � _. , HP District: Property Name: Survey Info: r _' r .. A � 3 3'�2 +t " `F 4�� � � ¢ � 5 y t �{ # 3` ����1Y'' t � � � � � ri a^ a a ' k � � � �� � �� ��� �<�' � �� :� � � , ;� � �` " � r , � � `' �. � �. �. �y �� w�a z - �� s t "y��r. � En _..� . . ' - . . ... .. � %�.1> ^'�� � _ u � - �.�=�,� x, r . �_ �.`.:�. � :: Date: August 13, 2009 HP Dislrict: File #: 09 - 031637 Property Name: Folder Name: 488 ROBERT ST S Survey Info: PIN: 082822Z10075 - �'ws r - , . , � .. ",�`" _ „> . ,,. .- . �� - - - - _ . "��`,,. _ t� �_�-"' . _ - ' � - _ � _ _ . - i -. , � `f ^t�.� . . � ' . . . g '.. _ . " .. ' - -� � :zl,. x ` ' ` _ _. r...�-e� a�� . ' ' � w ; n _ _ . - a _ _. . a�� ' ?< _' " .� - __ _ _ . . ..>.- - .. g - _ . ' '�3-+z _ � ., ,_ _ _ ' . - . 1 n . .t� �� � �� _� �� , ,. � . . _ _ .. y 4 « a ��� .._ � = ' . , � ,, � � x��� ;� . �`� ;:�. � ;r . .. � ° . � �� a �� � � r. . e. .,. . -r ..�.- �---- �- , �- � . N'�'tai- _ a' - _ � .. o ��. ` . fi ` �, . , ,t_: .. � ` _ e • 'a � ` ;��m.',<.�'..a�,w. � . ' _ . . ;:��_x ; . ... s�. ,°�" y _ � . _; . .�`� � i�'. .' ,w.. ;, `:. �:_',' . . Dafe: Augusf 13, 2009 HP District: File #: 09 - 031637 Property Name: Folder Name: 488 ROBERT ST S Survey Info: PIN: 082822210075 Date: August 13, 2009 File #: 09 - 031637 Folder Name: 488 ROB�RT ST S PIN: 082822210075 2 - .} n` �, x �,z x � a u _ ._..s, .:� ,., ¢ ¢, .s,�_'A , w�S' �".'.`�"Ya�N' , ;::� ,,. i :: HP District: Property Name: Survey Info: i �...,e:t:i; i ::� Date: August 13, 2009 File #: 09 - 031637 Folder Name: 488 ROBERT ST S PIN: 0828222]0075 -��,.-.,. � � � "`S � w.':L'd.'.�.�� . � Y 4 � � x 4 ��� } � e � � 'fi�v9.� ��� �C ; 7 � LL N �"$-� � ��-. .�"'-..s... � ° �-+ � � ' :t � - �� �_ - - ia`, e '2i^ �r '� (" ��u �.t��� �°�` 'iR�`�F.S i'+° � - - .... � _ ...., F.rk{ , r_ -�f , ��. �. � "na�"'a. - `52' , f C i:s�5�p � �'�,r s . � �L�`�r> w - � , h �� _ �..� „..e_y -a«-ss.. �` .ni".mVi+a...�: - ' L+' . °�a^s ys��..cra+a .� "^r`-'n �a ��. ' v .., - � . _-, .., 5. t_ " � ,�� : ' -�+u�.a , ' � A :- s f � _ � � �'� tF4 Y�.wl+ W�,. � � _ .v.. . _ . :l . :-s� � � �4 �.-� y � • . _ �p. �� .�.. y -�a" ' -� �a.�..-o- , ^ �- .� � -c. �...__ tr�c �.. < .a "�'�'. � - � � ,�`�� 5. `�.aa:�q,.w,,;. ,_ ..., . _ .. , ' t^n� ; . � .�.�: -^� `�+°..'.. ;. �° �.'�r�'..'+3�',°-; �� � �,�: � � � - '� t ��' ' � . .: " 4zf _ " . ;3�ra � , �,- r�*e� t r �i: k� � .*.�" .. �,m' ..*s;'m� � ' � " �'� ' .. .. �aw� ..� �m� ��w`va_� tt e. . . b£ a ,' . .. ���3r„.'�',;s T�„ " x k .�� " ' _-,. " -s �k . s�..�"� av: ��' . '�.�...eRP-�...'c�w.G>� L �.?��,°.` i - , t " ��.;v���'� xx,.a m� . p�r�,,.c�,,, s � � , .. . � <. �..,� ,�°�` -• " .,, _, . . .. " 's �^'�-����+k� s ...�, o-��. 'y'�'y'w*.�5 r �'. x� � w . . .. " . ' .. . . .. . .� . .•� x. , .. . .. . . . n .. � .... � ... r..i-.. I ;� �f ., HP District: Property Name: Survey Info: Ei� i � P � isT �' ''':m� - , t . , > K ' 3 E ,; mk ^ �., �..�.._. 4 ',�2"' ". • � aY ';�'�.-,� }xtp"q r � � . .. �_ ' 7.�" _ � �� �.. _� � p' � .....�_. � �z��'",����,.` -. � � ...,, . .. . � �. � �,���'���� '£-.-. vW., �� Date: File #: Folder Name: PIN: —: a F - � �� . � _, ��.;� ; . . ....�.��� August 13, 2009 09 - 031637 488 ROBERT ST S 082822210075 HP District: Property Name: Survey Info: � ,. r �'�'� - . �`"� _ "A"� � . ,�` . �-< ;� < � � ` ,; >>_ �- : � ,� � _ �� n., -J ^" � , ` .��z�.✓ � ��'r�"� _ � ,'- '� � �' , � � ,.y,�"'�' - - .�-., s�'�� l � fa`. ,,, .. _ _ " . . � ti ._ -.� : __ �� ti { {. h i 4 ... '��Fl�� -. .. _ ' ..- , Y�"i"Y�"{.,.r- ^ � :: �� E i�'. .' Date: August 13, 2009 HP DistricY: File #: 09 - 031637 Property Name: Folder Name: 488 ROBERT 5T S Survey Info: PIN: 082822210075 � � � � x � Y P c !, T.;::; S � . �� � `�" -�� �'.' P ?3 ,��<; :' .. � . '. 4 ;}E J � . {. � �- � ' l '� °� , , � � ., �: � � � <,r�:� . . , - .�: �.�: � rti., �,: : .. - . _: . ��. . .: .. , .'"_�; � � � ..� 3:,:? , . .. .. ���.: . � ' � . . r�k��vs",� ` §}� RK X ' _ . . . . � . . � n3�� . .�nrY.. .i4 . Date: AugusY 13, 2009 Fiie #: 09 - 031637 Folder Name: 488 ROBERT ST S HP District: Property Name: Survey Info: i :: PIN: 082822210075 Date: August 13, 2009 File #: 09 - 031637 Folder Name: 488 ROBERT ST S PIN: 082822210075 ---;—:� — � ���� � -_ . --- , y HP District: Property Name: Survey Info: i :: � :: Date: August 13, 2009 HP DistricE: File #: 09 - 031637 Property Name: Folder Name: 488 ROBERT ST S Survey Info: �s,_, °:d PIN: 082822210075 I :: Date: August 13, 2009 File #: 09 - 031637 Folder 1Vame: 488 ROBERT ST S PTN� 082822210075 � ��� �� =R >� r_: � ::-._: -,. . FIP District: Property Name: Survey Info: 5 �. .... :�m �*� x -�V� Date: August 13, 2009 File #: 09 - 031637 Folder Name: 488 ROBERT ST S AP District: Property Name: Survey Info: � :: PIN: 082822210075 Date: August 13, 2009 File #: 09 - 031637 Folder Name: 488 ROBERT ST S FIP District: Property Name: Survey Info: i� PIN: 082822210075 Date: August 13, 2009 F�e #: 09 - 031637 Folder Name: 488 ROBERT ST S HP District: Property Name: Survey Info: � :: PIN: 082822210075 i :: Date: August 13, 2009 HP District: File #: 09 - 031637 Property Name: Folder Name: 488 ROSERT ST S Survey Info: PIN: 082822210075 Date: August 13, 2009 File #: 09 - Q31637 Folder Name: 48$ ROBERT ST S HP District: Property Name: Survey Info: ii:: PIN: 082822210075 Date: August 13, 2009 File #: 09 - 031637 Folder Name: 488 ROBERT ST S HP District: Property Name: Survey Info: � :: PIN: 082822210075 Date: File #: Folder Name: PIN: Fu�:�:_�;r=: ` �. �,� .. v� „ August 13, 2009 09 - 031637 488 ROBERT ST S 082822210075 �t� °' �„ > r `,;�* ' � ; i '�.�#�� �,�,'A. � s�g � � ��� r` �Ktie: dY � HP District: Property Name: Survey Info: �E�'.�3 Date: File #: Folder Name: PIN: � August 13, 2009 09 - 031637 488 ROBERT ST S 082822210075 HP District: Property Name: Survey Info: ii:: Date: August 13, 2009 File #: 09 - 031637 Folder Name: 488 ROBERT ST S PIN: 082822210075 ° �:. _ -: HP District: Property Name: Survey Info: i :: i :: Date: August 13, 2009 File #: 09 - 031637 Folder Name: 488 ROSERT ST S PIN: 082822210075 HP District: Property Name: Survey Info: � �� ,� �� � , — _ =� � �,-�. e$�- s ; � � 1 � � �, :-�, _ -���-_ r ._ �� �:: � � �� � � �` � `t � r:�3�� ��`" _ . �, , �._ ` �-.�: � 4's� �,r pn '�.}`, , f n � . �� � � ; ...:-�8�#�'�'.' .. w�':'v F 5.,. � TML`3a�i .;.. ri y . , � ,a. q Y �} i r� �^ �Y �� q f # . � � �( I�jl�� Date: File #: Folder Name: PIN: q .. � > � ` ` �� : August 13, 2009 09 - 031637 488 ROBERT ST S 082822210075 HP District: Property Name: Survey Info: r ` - - . :,zae _c._: <„ %..�e:a-a:r._.,. - . S � r:;a -,-:,.:�_ t ` _` .__ �`���`�� .MW: Date: August 13, 2009 File #: 09 - 031637 Folder Name: 488 ROBERT ST S HP District: Property Name: Survey Info: i :: PIN: 082822210075 i :: Date: Ffle #: Folder Name: PIN: Ausust 13, 2009 09 - 031637 488 ROBERT ST S 082822210075 HP District: Property Name: Survey Info: February 23, 2010 Legislative Hearing Minutes 10-88 Page 3 Ordering the owner to remove or repair the building(s) at 488 Robert Street South a/k/a 108 Cesar Chavez Street within fifteen (15) days from adoption of resolution. (Continued from Dec. 22 and Feb. 9) Anna Mickelson of Murnane Brandt (30 E. 7` Street. St. Paul 55101) appeared. Mr. Magner said the property had had a hearing on February 9, and Ms. Moermond had laid the matter over with a number of conditions to be met if the appellant intended to rehab the building: provide a work plan including timelines, provide financial documents indicating commihnent to at least $15Q,Q�0 to complete the repairs, provide a swom contractor's statement, and maintain the property. He said he didn't have any documentation as to whether the conditions had been met. Ms. Boulware said the Historic Preservation Commission (HPC) report stated incorrectly that the property had not been surveyed; she said there'd been some confusion because of the address change at the property. Ms. Moermond reviewed the survey report, and told Ms. Mickelson that the HPC would like to do a historic designation study. She said the ultimate rehab plan would most likely need to address the condition of the brick fa�ade under the steel siding. Ms. Mickelson asked how long a designation study would take. Ms. Boulware said staff was only recommending a historic resource review, which could be ready for the February 25 public hearing or the March ll business meeting. Ms. Moermond said the address was set to go before the city council for public hearing on March 17 and she was tempted to let the council make the decision. Ms. Moermond asked how long the building had been a theater. Ms. Mickelson said it had started out as a theater but she didn't have a full timeline. Mr. Magner said it was a theater until 1962. Ms. Moermond asked whether Ms. Mickelson had made progress in talking to Bayview about the conditions set at the February 9 hearing. Ms. Mickelson said the possible sale of the building to the current tenant had fallen through, and the tenancy had been terminated. She said they were having trouble getting anyone to submit bids for wark on a lender-owned property, and had only received one, for about $250,000. She said the bid was high, and Bayview would like to get more bids. She said they continued to express interest in saving the property but it was difficult. Ms. Moermond asked Ms. Mickelson whether she had a copy of the bid. Ms. Mickelson said she would send it by email. Mai Vang noted that due to an oversight the address was on the city council agenda far March 3 rather than March 17. Ms. Moermond said a March 3 public hearing would put the matter before the HPC on March 11. Ms. Mickelson asked whether the HPC determination would affect how they dealt with the property. Ms. Moermond said there was no HPC determination unless the city council asked for one. February 23, 2010 Legislative Hearing Minutes i :: . Ms. Moermond stated that her concern with lower bids would be that the building's critical issues were adequately addressed so the work was done correctly. She asked Ms. Mickelson to draft something for the council to define the critical issues and establish criteria. Ms. Moermond asked whether the one bid that had been received included time lines. Ms. Mickelson said she didn't believe it did. Ms. Moermond said she would like to see a bid accepted and funds committed soon. She said if that was not possible before March 3, something meaningful should be drafted for the council. She asked that documents be submitted by the close of business on March 2. i :: December 22, 2009 Legislative Hearing Minutes Page 5 5. Ordering the owner to remove or repair the building(s) at 488 Robert Street South a/k/a 108 Cesar Chavez Street within fifteen (15) days from adoption of resolution. Anna Mickelson, attomey with Murnane Brandt Law Firm, appeared on behalf of Bayview Loan Servicing; Mark Halsey, Realtor, MFI Commercial Realty, also appeazed on behalf of Bayview Loan Servicing. Robert Clouse appeazed on behalf of the property owner, Sarah Roehrig, his daughter. Ellen Miller, 506 Robert Street, appeared as a concerned neighbor. Kate Reilly, PED, appeared on behalf of the HRA. Ms. Moermond asked for a report from Mr. Magner. Mr. Magner stated the building was a three story, wood frame, commercial building with a loading dock on a lot of 6,534 square feet and had been vacant since July 21, 2009. A code compliance inspection had not been done, the vacant building registration fees had been, and the $5,000 perforxnance bond had not been posted. On August 12, 2009, 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 September 9, 2009 with a compliance date of October 9, 2009. To date, the property remained in a condition which comprised a nuisance as defined by the Legislative Code. Ramsey County Tasation estimated the market value of the land to be approximately $126,600 and the building to be $151,200. Real estate taxes were cLUrent. Code Enforcement estimates the cost to repair the building to exceed $150,000. The cost for demolition was estimated to exceed $50,000. There had also been two suuunary abatements issued to this property since 2009, one of which went to work order: cut tall grass and weeds. Code Enforcement recommends the building be repaired or removed within 15 days. Mr. Magner presented photographs of the property. Ms. Moermond asked for a report from Ms. Spong. Ms. Spong stated that this building was an old movie theater which was constructed in 1906 with a garage behind the theater. She stated that HPC Commissioner Mazk Thomas attempted to gather historic information concerning this property although it had not had any historic survey to determine eligibility. He was able to locate historic photographs which pre-dated the veneer overlay on the exteriar of the building as well as the marquis still attached. She said it appeared CDBG funds were identified for the cost of the demolition which would require a survey be conducted by a qualified historian. She believed that the building was not likely eligible for the National register due to the loss of integrity as a building needed to retain enough integrity in order to convey its historical significance. It was her opinion that the garage behind the theater had more integrity than the movie theater. Ms. Moermond asked Ms. Spong how much she believed a survey might cost. Ms. Spong responded that she had no idea as previously they had only hired a consultant to document buildings. Ms. Moermond asked Mr. Magner how much he believed the cost could be. Mr. Magner responded that he would look at past properties where a consultant had been hired to document a building, such as the case with 507 Dale Street. Ms. Mickelson stated that the redemption period for this property was scheduled to expire on January 11, 2010. Up to this point, Bayview had not assessed what their plans were for the property since title had not yet transferred. The owners had contacted Mr. Halsey indicating their intention to redeem the property; however, no arrangements to pay off the outstanding mortgage, $326,000, have been made to date. She said given the value of the land and the outstanding mortgage, Bayview would like to assess whether they would like to make repairs to the building or sell it as is. Ms. Moermond asked what the loan origination date was. Ms. Mickelson responded that it was December 22, 2009 Legislative Hearing Minutes 10-88 Page 6 November 16, 2006; however, she did not have the complete loan documentation available for this hearing. Ms. Moermond asked whether Bayview had ever undertaken the rehabilitation of buildings before. Mr. Halsey responded that Bayview has undertaken the rehab of some properties in the past; however, he believed they may likely be inclined to hire a rehab contractor to repair tlus property. He said he had been in contact with the owner of the property as the property was still being occupied and the building was completely fixll of stuff. Ms. Reilly stated that the garage at the back of the property, 128 Cesar Chavez Street, was owned by the HI2A and was not part of the properiy at 488 Robert Streeb108 Cesar Chavez Street. Mr. Magner responded that the garage at 128 Cesaz Chavez was not a part of the order. Ms. Miller stated that she and her husband owned the house directly belund the theater and she worked for the MN Historical Society. She said she had been in contact with ReDA, Wesco and an attorney as she had geat concern with the grade of the land as her property sat higher than the garage and theater. She said that if the building was demolished, she believed an approximate 15 foot retaining wall would need to be constructed to hold up her yazd. 5he presented a letter with photographs outlining her concerns which is attached and made a part of this recard. Mr. Clouse stated that he was a tenant of the property and he believed that the only reason the property was declazed vacant was because they were never issued a C of O. Since the building could not be occupied, he had moved his business to Blaine; however, he would like to move his business back to this building and still had sewing machines and materials in the building. He believed there was some sort of "agenda" against him since they were told they qualified for the C of O and then were denied. It was his information from the inspector, Matt Opsahl, that there was a certain commissioner who did not want them to be given the C of O to continue operating his business. He said he had now obtained a commihnent letter from his bank in the amount of $500,000 to redeem the mortgage. Mr. Magner stated that according to STAMP, the property was revokedlvacant with the last entry made on February 25, 2009 by Inspector David Bergmann. The C of O was revoked given the vacant status, condition of the building, unpaid fees and the property was referred to Vacant Buildings. Ms. Moermond asked Mr. Clouse who owned the property. Mr. Clouse responded that it was his daughter and son-in-law who were at work which was why he was attending the hearing. Ms. Moermond asked whether they understood the seriousness of their situation as they city was intending to proceed with demolition. Mr. Clouse responded that he did not know, but he was there because he now had the financing to redeem the mortgage. Ms. Moermond requested a resolution be prepared requesting DSI to order a survey study of the property which cost is not to exceed $5,000 which cost would be included with the substantial abatement order. She also requested a copy of the bid tab for review at the next hearing. Ms. Moermond stated that the following conditions must be met by February 9: 1) the interior of the building must be cleaned out; 2) a Team Inspection must be applied for and conducted; 3) a work plan must be submitted, including timelines for completing the work; 4) contractor bids must December 22, 2009 Legislative Hearing Minutes 10-88 Page 7 be submitted; 5) financial docusnentation indicating a commitment of $150,000 to complete the repairs to the building; 6) if Bayview intends to sell the property, they must have a signed Purchase Agreement with any potential purchaser; and 7) the property must be maintained. Legislative Hearing is continued to Febniary 9. If the conditions aze met, recommend continuing the Legislative Hearing to March 9 and Council Public Hearing to March 17. i :: December 21, 2009 From: Eilen Miller and Dan Shindelar 506 South Robert Street Saint Paul MN, 55107 651-307-2609 Subject: Vacant building at 488 South Robert AKA 108 Cesar Chavez To whom it may concern: We've lived next door to 488 Robert for about twelve years. When we first moved in, the owner of 488 Bob Clouse, ran a thriving silk screening and sewing business out of the building. But over the years we've watched this building go steadily downhill, until now iYs on the vacant list, and will probably be demolished. This prospect of demolition terrifies us. We have been good citizens—stabilizing and beautifying a troubled section of the Westside. And now because our neighbor (who is a suburbanite) has neglected his property, it is we who are going to suffer the consequences of his neglect, and live in a radically altered environment. One of our biggest concerns is that our house has always existed with those two building abutting it. And because there is a big change in elevation this is a HUGE issue. (more later) Until the mid 1970s 488 and 506 Robert were even owned by the same family. 488 was once a movie theater and our house was used by the family as a rental. When it was sold in the 1970s the owners of 506 had to sink a well because 488 had always supplied the water to 506. We have consulted with a lawyer who has advised us on the folfowing issues; Removing 488 Robert and the building next to it on Cesar Chavez will drastically and negatively affect the unique character of our home. The buildings currently provide a visual block and a sound barrier against the busy intersection of Chavez and Robert St. Removal will destroy the seclusion and privacy our home currently enjoys. Due to the steep grade of the bluff, our land sits above the roof line of the building that is next to 488. (Which is vacant and I understand would be also demolished) Removal of these two buildings will necessitate construdion of a substantiaf retaining walf, likely talter than 15' in height and S00' in length. Such a structure would require for safety (and privacy) the construction of a substantial fence. Due to the close proximity, during demolition of the existing buildings and construction of the retaining wall, the stability of soil around our home may be adversely affected, compromising the strudural integrity ofthe dwelling. Easement issues: There is a sewage line easement. Whoever owns 488 is obligated to pay half of any sewer repair problems that affect 506. This runs in perpetuity. We are concerned demolition might damage the sewer. i :: In the 1980s, 488 asked for and received from 506 an easement to widen the dock area of 488. 506 is actually on more of a frontage road of Robert, and at this point the street is a narrow one way, one lane street heading north. In order for cars to be able to swing into the dock area behind 488, the driveway had to be widened about four feet or so. If 488 is torn down they will lose this easement, and they will also lose the easement that allows them access to our land for repairs on their building. Because of the steep hi41, there are problems here that are noi evideni whi4e reviewing these p4ans sitting in an office. Someone from the City of Saint Paul needs to come down and see how much these three properties are physically intertwined. Our original lot size was 50' across and 230' batk, but in 2001 we bought the 50' lot on the side of us, (making us 100'wide) and we now own up the hill to the "Robie Easement." We are the only house on the block between Cesar Chavez and George. We would like the city to consider purchasing our property. Purchase of our property would negate the problems listed above, and it would add substantially to the size of the plot available for construction, making possible off street par 'ng. r L��. 1 � �?�G' �'V � !'�! o v — ! Ellen Miller Dan Shindelar :�� � �.. S . Y F � ��� T / � pS y . � " y�.�:f� Yy . ��'�'y. i � •� Iy y� �'+�� , � , .. . �I . �� � r � �� `� �� � .� .� x. ���"� �� �� � '._ . . .�� 4 L � _.�IRw 1 V ;. � � � a �- ' ° b i. s � ��. � ' ... _ . . .. `'~'� p� +rly`i -C n` _` ` y '.,� a" � C���� r �. P 1 ��l � �_� , � . 1 2 ' , i;,t.�., x�„l. �i � � '��� T .`�. � �r"< - 'a� - ^ i '.."' � ' �� ,� "i�s� ... �` r �� � ,.' � . z � <� _ z ' „ Z 'y' y y > \1 � :i � w. :. � 4'ts^ "` y s�.�� - `. � _. ...=: �rr�.� s� .i�i' Y ._: C K fS-�� r'�.�:hd�.be�`'°�7,k:yy3f� �-.-c _m .. �' � :� �, b: i� -l � � \ . ���� +n �"�V ' ,^ y-+'- ` S ��S' . 1 { �i-1\ �' ) � / � � ..'Y.-. �i - � ��� �' - s�' �v ' � r . .. . ,.. � r y .� , ,�k����„ �. :_. � = = � -+r � � �.^ • _ . .. . . ' � : ,. , �i� � "�''' l�,7;���' G .. . ' . . . ,! . ��' � � '�g .. -. . ' . . � ,� �i �� c _ .. . :.R. � ..,.. +-�. t . .�. �' . . . :" � iA: •' �. .., t ... ,. , �.. �� :.. _ r � � . : F;iA.J y i� .. - " � _ - � � .. � ',.-�=�-_ �,1 '� q AN � ' S " 0 _ w � 4� r-i.i-..s 1 ���. ) '��'� �� � "f � / .�� / �'"° r '�,! f%�, � �� �fi �!�`�,� �` ��� � m ,��e ���_ �i ���,��� -� ,, � �� - g �� � _ . q ,; p " �\�;f/'��'��;_ : � " � i �� � ��� � � � � i � �, � �°„ � _ - 1 _. - � � . `:� ._ : — . y:;� , .1 � ;: �� ��s i :: February 9, 2010 Legislative Hearing Minutes Page 2 Ordering the owner to remove or repair the building(s) at 488 Robert Street South a/k/a 108 Cesar Chavez Street within fifteen (15) days from adoption of resolution. (Continued from Dec. 22) Anna Mickelson, attorney with Murnane Brandt Law Firm, appeared on behalf of Bayview Loan Servicing; Mark Halsey, Realtor, MFI Commercial Realty, also appeared on behalf of Bayview Loan Servicing. Ms. Mickelson stated that the redemption period on the foreclosure expired January 11, 2010. They did have a Team Inspection conducted and received the report on February 5. Ms. Moermond asked whether the building had been cleaned out yet. Mr. Halsey responded that it had not and that the tenant, Robert Clouse, indicated that he would like to remain a tenant of the building assuming all of the repairs or he may purchase the building himsel£ He said Mr. Clouse provided copies of letters of intent from potential financiers; however, they were not counting on anything proceeding with a sale. Ms. Moermond stated that she understood they were invested in Mr. Clouse; however, if a deal fell through, she asked what other plans they had. Ms. Mickelson responded that they were holding this option open and that they were also considering marketing the property for sale. She understood that they needed to complete a work plan before they could determine the dispositional value of the property before it could be listed. Mr. Halsey stated that they had one of three contractors go through the building with the Team Inspection report and their findings would then be forwazded to Bayview for review. He said that most lenders do not move quickly; however, Bayview clearly understands the time constraints and sense of urgency concerning this property. They have indicated they will attempt to move through their valuation process as quickly as possible to determine whether they may consider selling the property to the current tenant or market the property for sale. Ms. Moermond reviewed the record from the previous hearing and said there were two outstanding issues regarding the demolition of the building; one was concerning the retaining wall, the other was conceming the fullness of the building. Mr. Magner responded that he did receive bids for demolition which did not address the interior or the retaining wall. If the Council passes the resolution to demolish the building, he would obtain new bids based on those additional concerns. Ms. Mickelson stated that they were requesting additional time to progress with their plans for the property. Ms. Moermond asked how much additional time they were requesting. Mr. Halsey responded that he believed they would need an additiona160 days in order to attempt to sell the building. He said that he had met with the executive director of District del Sol to apprise them of the potential of this building as an old theater and for them to let him know if they became aware of any potential purchasers of the building. Ms. Moermond stated that this had been before the City Council on 7anuary 20 and she was scheduling another hearing before Council on March 3. Since they had already had five weeks and were now requesting an additional 60 days, this was approximately half the amount of time, 180 days, as what was generally granted by the Council to rehab a building. There wasn't a guarantee that at that time, there may be someone who may have the financial wherewithal or skills to � :: February 9, 2010 Legislative Hearing Minutes Page 3 undertake this rehabilitation. She did not feel confident that Mr. Clouse would have the ability to meet these expectations particularly considering the condition of the building as it was now. She said if Bayview intended to undertake the rehabilitation of the building, she wanted to see plans come forwazd to do so as the nuisance condition of the building needed to be abated. Ms. Mickelson countered that Bayview could not take any concrete action since Mr. Clouse had indicated at the previous hearing that he intended to redeem the mortgage on the building. Ms. Moermond stated that what she understood was they intended to sell the building. Mr. Halsey responded that he was unsure what Bayview's absolute intentions were with this property. He said his inclination was that they would want to sell the building to a professional rehabber. He said from his standpoint, since they did not take possession of the property until January 11, the clock for them did not start counting down as to how to proceed with this property. They had been maintaining the property and now had to make a decision whether to sell or lease to the current tenant or evict him so that they could proceed. They hired three contractors to go through the building and prepare sworn construction statements so that Bayview has the opportunity to review those statements and make a decision. Ms. Moermond stated that Bayview does have the financial capacity to do the rehab and could put together a plan to do so. If they intend to do the rehab, she wanted to ensure that they actually would complete the project and not sell if to someone else partway through the project as has happened in the past. She asked how long it may take before they had the sworn construction statements from the contactors and how long it may take Bayview to make a decision. Mr. Halsey responded that he believed they could have them in approximately two weeks; however, he was unsure how long it may take Bayview to make a decision. Ms. Mickelson responded that they are aware of the urgency but she could not give a deadline. He asked that they be given the deadlines as imposed at the previous hearing. Ms. Moermond reviewed the list of conditions and commented that the Team Inspection had been done, they were in the process of obtaining the contractor bids, and were maintaining the property which was half of the conditions outlined at the previous hearing. Mr. Halsey asked whether there were any historical considerations concerning the property. Ms. Spong responded that the building had not formally been surveyed so a determination was unkuown. Any additional determination would have to be commissioned. Ms. Moermond laid the matter over to February 23 with the following conditions to be met 1) need a financial commitment from Bayview in the amount of $150,000; and 2) provide a sworn construction statemenUwork plan. � :: DEPARTMENT OF SAFETY AND INSPECTIONS Fire Inspection Drvis�on Bob Kessler, Direcior CITY OF SAINT PAUL G:ristopher B. Coleman, Mayor February 3, 2010 375 Jackson Street, Suite 220 ?elephone 691-266-8989 SaintPau[,Mmnesota>>IOl-1806 Facsimile- 65l166895! Web� Lvwwstoauleov/dsi BAYVIEW LOAN SERVICING C/O ANNA C MICKELSON, ATTORNEY 30 7TH ST E STE 3200 ST PAUL MN 55101 RE: TEAM INSPECTION 108 CESAR CHAVEZ ST — AKA 488 ROBERT ST S Ref # 15548 Dear Property Representative: Your building was inspected on January 28, 2010 for the renewal of your Certificate of Occupancy. Approval for occupancy will be granted upon compliance with the following deficiency list. The items on the list must be corrected immediately. A reinspection will be made on or after March 3, 2010. Failure to comply may result in a criminal citation or the revocation of the Fire Certificate of Occupancy. The Saint Paul Legislative 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 THEIR RESPONSIBILITY. DEFICIENCY LIST 1- MSPC 4715.2 Replace all broken, rotted, or rusted waste/venUwater piping and provide suitable fixtures for commercial applications. All work must be done by a licensed plumbing contractor under permit issued by Department of Safety and Inspections. 2. 2- MSFC 110.1.1 Exterior and interior of building had areas of floor where ice had accumulated and floor was slippery and dangerous. Sand/salt as required. 3. ALL INTERIOR STAIRWAYS/RAMPS - SPLC 34.10 (3), 34.33(2) - Provide an approved handrail. The top of the handrail must be between 34 and 38 inches above the treads and run the entire length of the stair. An Equal Opportunity Employer i :: 4. ELECTRICAL - MSFC 105.1 Permits-All elctrical work must be done by a MInnesota- licensed elechical contractor under an electrical permit. ELECTRICAL - ALL LEVELS - NEC 314.21 Repairing Plaster and Drywall or Plasterboard.-Provide for all junction boxes with broken or incomplete around boxes employing a flush - type cover or faceplate be repaired so there is no gaps or open spaces greeater than 1/8 inch at the edge of the box. 6. ELECTRICAL - ALL LEVELS - NEC 314.20 In Wall or Ceiling-Provide for all junction boxes to be installed so that the front edge of the box, plaster ring, extension wring, or listed extender will not be set back of the finished surface more than 1/4 inch. ELECTRICAL - ALL LEVELS - NEC 336-6 - Provide approved methods of protection for non-metallic cable (Romex).-Remove and / or rewire all illegal, improper or hazardous wiring through out the basement. This includes above ceiling and work benches. 8. ELECTRICAL - ALL LEVELS / EXTERIOR - MSFC 605.6 - Provide electrical cover plates to all outlets, switches and junction boxes where missing. 9. ELECTRICAL - ALL LEVELS / EXTERIOR - MSFC 605.6 - Provide all openings in junction boxes to be sealed. 10. ELECTRICAL - ALL LEVELS / EXTERIOR - MSFC 605.6 - Frovide all electrical splices within junction boxes. 11. ELECTRICAL - ALL LEVELS / EXTERIOR - MSFC 605.1 - Repair or replace dasnaged elech fixtures. This work may require a permit(s). Call DSI at (651) 266- 9090. 12. ELECTRICAL - ALL LEVELS / EXTERIOR - MSFC 605.4 - Discontinue use of all multi-plug adapters.-Remove all adapters in porcelain light fixtures and receptacles. 13. ELECTRICAL - ALL LEVELS / EXTERIOR - MSFC 605.5 - Remove electrical cords that extend through walls, ceiling, floors, under doors, or floors coverings, or are subj ected to environmental or physical damage. 14. $LECTRICAL - ALL LEVELS / EXTERIOR - MSFC 605.5.3 - Immediately, discontinue use of frayed, deteriorated, damaged or spliced electrical cords. 15. ELECTRICAL - ALL LEVELS / EXTERIOR - NEC 400-10 Provide strain relief for the cords so that tension will not be transmitted to joints or terminals. 16. ELECTRICAL - ALL LEVELS / EXTERIOR - NEC 110-26 - Provide and maintain a minimum of 36 inches clearance in front of all electrical panels. 17. ELECTRICAL - ELECTRICAL PANELS - NEC 408.7 Unused Openings. Unused openings for circuit breakers and switches shall be closed using identified closures, or � :: other approved means that provide protection substantially equivalent to the wall enclosure. 18. ELECTRICAL - ELECTRICAL PANELS - NEC 210-3 - Provide for the electrical branch circuit to be rated in accordance with the masimum permitted overcurrent device.- Verify that fuse / circuit breaker amperage matches the wire size. Rewire or repair per code. 19. ELECTRICAL - PANELS - MSFC 605.3.1 - Doors into elecri control panel rooms shall be marked with a plainly visable and legible sign stating ELECTRICAL ROOM or similar wording. 20. ELECTRICAL - PANELS - MSFC 605.1- All light fixtures shall be maintained with protective globes if originally equipped. 21. ELECTRICAL - WATERMETER (S) - MSFC 605.1 -Provide a grounding jumper around the water meter. 22. MECHANICAL/ BOILER PIPING - UMC 2306 - Test hydronic heating system to 100 ps.i. or one and one half times the operating pressure. 23. MECHANICAU BOILER VENTING / CHIMNEY BLOCKED BY BILLBOARD - MFGC 503 - Provide, repair or replace the fuel equipment vent or vent liner to develop a positive flow adequate to convey all products of combustion to the outside. This work may require a permit(s). Call DSI at (651) 266-9090. 24. MECHANICAL/ BOILERS - SPLC 3411 (6), 34.34 (3) - Provide service of heating facility by a licensed contractor which must include a carbon monoxide test. Submit a completed copy of the Saint Paul Fire Marshal's Existing Fuel Burning Equipment Safety Test Report to this office. 25. MECHANICAL/ GAS PIPING / PRESSURE TEST REQUIl2ED - MFGC 406.5.2 - Immediately repair or replace the leaking fuel equipment piping. This work may require a permit(s). Call DSI at (651) 266-9090. 26. MECHANICAL/ GAS PIPING / PRESSURE TEST REQUIRED - MFGC 40412 - Provide leak tight caps or plugs on disconnected or unused gas lines. 27. SPLC 34.09 (1) e, 3432 (1) d Repair all roof leaks on building. 28. MSFC 906.1, MN Stat. 299F361 - Provide approved fire extinguishers in accordance with the following types, sizes and locations.-Provide minimum 2Al OBC fire extinguishers spaced not more than 75 feet travel distance from any point in the building to an extinguisher. They must be permanently mounted between 3 and 5 feet high in readily visible and easily accessible locations. 29. SPLC 34.10 (7), 3433 (6) - Repair all areas of walls, floors, and ceilings damaged by water or physical damage. i :: 30. SPLC 3410 (5), 3433 (4), 34.16 - Provide and maintain interior in a clean and sanitary condition. Clean and sanitize all areas where mildew or possible mold is evident. 31. SPLC 34.09 (1) b,c, 3432 (1) b,c - Repair all areas of exterior walls where foundation is badly deteriorated or mortar/brick are missing. Tuck point as required. 32. SPLC 34.09 (3), 3432 (3) - Repair or replace badly corroded front door. Door must open easily with minunal effort. 33. MN Stat 299F.18 - Immediately remove and discontinue excessive accumulation of combustible materials. For an explanation or information on some of the violations contained in this report, please visit our web page at: http://www.cistpaul.mn.us/index.aspx?NID=211 You have the right to appeal these orders to the Legislative Hearing Officer. Applications far appeals may be obtained at the City Clerks Office, Room 310 - City Hall (651-266-8688), 15 Kellogg Boulvard West, and must be filed within 10 days of the date of the original orders. If you have any questions, email me at david.bergman@cistpaul.mn.us or call me at 651-266- 8944 between 7:30 a.m - 9:00 a.m. Please help to make Saint Paul a safer place in which to live and work. Sincerely, Dave Bergman Fire Inspector Ref. # 15548