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99-403o��NAt Properc�ppealed SAINT PAUL, MINNESOTA Presented �m�r� e�, - i'tiQ \�. \�� RESOLUTION �� Referred To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paui hereby certifies and approves the May 4, 1999, 2 decision of the Legislative Hearing Officer on Properiy Code Enfarcement Appeals for the following addresses: 4 5 6 Ap eilant 1401-1403 Midway Parkway Decision: Laid over to the May 18 Property Code Enforcement meeting. 7 1540 Lincoln Avenue 8 Decision: Variance granted on the non conforming doors with the following conditions: 1) the buiiding must 9 otherwise be in compliance, 2) when the non conforming doors need to be replaced, they will be replaced with 10 conforming fire rated doors. 11 1295 Rice Street 12 Decision: Appeal denied. 13 359 Mazia Avenue � er � 14 Decision: Variance ith respect to the front door; appeal denied with respect to the fence. 15 910 Forest Street 16 Decision: Extension granted to August 1, 1999, on the owner's flooring proposals, which are as follows: 17 replace the first floor common areas with tile, replace the living room and hall carpeting in Unit 5, replace the 18 living room and hall carpeting in Unit 2, replace carpeting in one bedroom in Unit 9, and replace the living 19 room and hall carpeting in Units 1 and 11 once those tenants have vacated the units. A variance is granted with 20 respect to ground cover. cout,�il File # q 9_ 4p3 Green Sheet # 64014 21 414 L,exin�ton Parkwav North. Unit 4 22 This decision will be contingent on whether the property passes inspection prior to the City Council meeting of 23 May 12. If the property passes inspection, the Notice of Condennnation will be lifted, and the appeal is granted 24 with respect to the plants in the windows. If the property does not pass inspection, it will be condemned. Green Sheet 64014 qq .yo3 t 2 3 4 5 6 7 8 Yeas Na s Absent Blakey � Coleman ,/ Harris �/ Benanav � Reiter � Bostrom � Lantry ✓ � Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council 9 10 11 12 13 14 Adopted by Council: Date: 1 �� Adopfio Certified by Counc,,i�Secre By: � cl� _ V`� ,._� 15 Approved by ayor: Date 1 ��l 16 By: �1 � 2 q9-4o3 Council 5-5-99 GREEN SHEET � 64014 Gerry Strathman, 266-8575 May 12, 1999 Hwiem wn ROUTItiG ORDER TOTAL # OF SIGNATURE PAGES ov.nx�m�r on¢crort ancou+ti ❑ CIIYATiOP1EY ❑ pIYLIFRK _ ❑ s�wrJn�sexuicFSOUe. ❑ wuxa�sEa�maccrc ❑ Wvortlata89sTANf) ❑ (CLJP ALL LOCATIONS FOR SIGNATURE) Approving the decision of the Legislative Hearing Officer on Property Code Enforcement appeals for the 5-4-99 meeting on the following addresses: 1401-1403 Midway Parkway, 1540 Lincoln Avenue, 1295 Rice Street, 359 Maria Avenue, 910 Forest Street, and 414 Lexington Parkway North Unit 4. PLANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE COMMISSION IFAPPROVED Has this persoMrm everxrorked under a coMract tor this departmeM? VES NO Has this person/firm eve� 6een a cily employee? YES NO Ooes fhis persoMrm possesc a sldll not normallypassessetl by arry curteM ciry employee? YES NO Is this perwNfirm a farpetetl venOO(> YES NO �lain all ves ansvrers on semrate sheM and attach to areen sheet i.!"JLk,�i� S'P�ws`�e.`�i�� +'��iQ+f I IM� 7! � 97�.7 COST/REVENUE BUD6ETED (qRCLE ON� ACTNITYNUMBER VES NO INFORMAiION (IXPWf� \U . ��i-`ko� NOTES OF THE PROPERTY CODE ENFORCEMENT MEETING Tuesday, May 4, 1999 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Pat Fish, Fire Prevention; Phi11Sp Owens, Fire Prevention; Mike Urmann, Fire Prevention The meeting was called to order at 1:32 p.m. 1401-1403 Midwav Parkway Gerry Strathman laid over to the May 18 Property Code Enforcement meeting. The owner does not have the estimates yet and requested additional tlme. 1540 Lincoln Avenue Geiry Strathman stated this appeal is asking for a variance with respect to fire ratings on the doors. Mike Urmann reported the Fire DepartmenYs standazd position is to bring the building into compliance if a variance is granted. Gerry Strathman granted a variance on the non confornung doors with the following conditions: 1) the building must otherwise be in compliance, 2) when the non confornung doors need to be replaced, they will be replaced with confornung fire rated doors. 1295 Rice Street Mike DeRosier, 1295 Rice Street, appeazed and stated this property had a standazd inspection this year. This appeal is for two items: carpet on the wall and inventory is closer than two feet from the ceiling. The carpet has been on the wall since 1983 and has not been cited before. Inventory has been on the shelves since that time as well. The complete outer structure of the building is concrete and steel. The heating system is outside of the building. There is litfle chance of fire hazard. It is a no smoking building. Phillip Owens reported the appeal is for Items 1 and 2. Item 3, which calls for two feet of cleazance between the top of storage and ceiling, is not on the appeal, but the code is very cleaz on how to stack stored materials in the building. If the building has a sprinkler system, the items would have to be 18 inches below the sprinkler head level. If it is not a sprinkled building, the items have to be two feet below the ceiling or the lowest structural member. There aze two primary reasons for this: 1) not to constitute high piled storage which becomes a high hazard occupancy, 2) a11ow the firefighters to squirt water over the boxes in case of a fire. The height of storage is very critical to firefighting operations. As for the carpet, why it has been there for years without being cited, Mr. Owens has no idea. The fire code reads the interior walls and �� 03 PROPERTY CODE ENFORCEMENT NOTES OF 5-4-99 Page 2 ceiling finishes should be maintained in accordance with the building code. The building code stipulates that when textiles aze used as wall covering, the wall covering should have a Class 1 flame spread rafing and should be protected by automatic sprinkler systems, or in compliance with UPC Standazd, which is a test of the flame spread of the material. Mr. Suathman asked for the purpose of the carpet. Noise reduction and expense, responded Mr. DeRosier. The commercial items were 20 to 30 times the cost of the carpet. Removing the storage on top of the shelves may cause his company to sell the building and move out of the City because they need the space. Gerry Strathman denied the appeal. To do otherwise, would create culpability on the City's part. The actions of the Fire Department aze in accordance with the ordinance. 359 Maria Avenue (Pat Fish presented photographs to Gerry Strathman.) Peter McCarty, owner, appeared and stated Pat Fish has not articulated what is wrong with the front door. It has been there far five years. Where does it fail to meet the code, Mr. McCarty asked. Pat Fish responded the front door was replaced a few yeazs ago with a commercial type door which was not manufactured for this type of occupancy. The maintenance code calls for doors that aze tight and weather resistant. What needs to happen with the front door, Gerry Strathman asked. Pat Fish responded the door needs to be secure from the outside. There are a number of cases of people wandering into the building. It is not required that the door be a security one, but the door should be weather tight. There is nothing to keep the elements out except for a little pane of plexiglass. Mr. McCarty responded the door is fully functional. The building has about 15 kids; they go in and out all the time. If the door has a lock, the kids prop the doar open. The door is weather and wind resistant. Pat Fish reported the fence is a trlp hazard; however, the building needs fencing to keep the kids off the grass so the grass seed can take root. Mr. McCarty responded he has not had trouble with the fence so fat. How high does it need to be, asked Mr. Strathman. Ms. Fish responded the code reads that the fence cannot be too high. A fence could be used just along the sidewalk to keep the kids from riding their bikes on the grass. Mr. Strathman asked about the broken siding. Mr. McCarty responded six to eight pieces of siding were cracked. They were replaced, painted, and are not an issue anymore. Mr. Strathman asked about the repainting issue on the appeal. Ms. Fish responded there was graffiti on the building at the time, plus some cracked and broken siding. �'1� �-'c0� PROPERTY CODE ENFORCEMENT NOTES OF 5-4-99 Page 3 As for the roof, Mr. McCariy stated it is rolled roofing and the children had ripped some of it off. It is not leaking, and some pieces were replaced. Re-roofing is not necessary. Gerry Strathman granted a variance with respect to the front door. He does not see the door as a safety hazard, although it may not be aesthetically pleasing. The appeal is denied with respect to the fence. It does represent a trip hazazd, and he would like Mr. McCariy to work with the Fire Department for another solution. 910 Forest Street Larry Cramer and Patricia Whitney, attorney, appeazed. Seven fans were cited as not working, said Mr. Cramer. Six of the fans were working, but noisier than Ms. Fish liked. The one that was not working has been replaced. Ms. Fish responded the beuings were very loud, and the fans were not working at the time. As for ground cover, Mr. Cramer sent a letter explaining that this buiiding is low income housing. There aze 40 to 50 kids in the building at any one time. The backyazd is purposely left for the children to play in so they aze not in the street and in the front. There are some bare spots in the backyazd. It is hard to keep grass there. He is adding fencing that will keep the kids from running around the building. Mr. Cramer would like to be excused from having gtound cover. Ms. Fish responded gtound cover is a certificate of occupancy requirement. Mr. Strathman stated he finds the arguments with respect to the backyazd compelling. He asked what other owners do because this situation cannot be unique. Ms. Fish responded they re-sod. On the deficiencyfconection list, 11 of the 18 units were cited for dirty carpets, stated Mr. Cramer. All the carpets had been cleaned and deodorized the week before the inspection. Two of the units' carpets were replaced in less than a year's time frame. If five of the units aze done and a11 the halls, it would cost $7,200. Mr. Cramer would like to do the following: replace the first floor common areas with tile, replace the living room and hall carpets 3n Unit 5, replace the living room and hall cazpets in ilnit 2, replace one of the bedroom carpets in Unit 9, and replace the living room and ha11 carpets in Units i and 11 once the tenants are out. This will cost about $5,000. Mr. Cramer asked for an extension to August 1 to get this done. Ms. Fish stated she has no probiem with tile in the common uea. Some units have carpets that are in bad shape. Gerry Strathman granted a extension to August 1, 1999, on L.arry Cramer's flooring proposals, which aze as follows: replace the first floor common areas with tile, replace the living room and hall carpets in Unit 5, replace the living room and hall carpets in Unit 2, replace one of the bedroom cazpets in Unit 9, and replace the living room and hall cazpets in Units 1 and 11 once the tenants have vacated the units. A variance is granted with respect to ground cover. �� 3 PROPERTY CODE ENFORCEMENT NOT'ES OF 5-4-99 414 Le�n�ton Parkwav North #4 Page 4 (The deficiency correction list reads as follows: Unit #4 - Unit to be kept in a clean and unobstructed manner with at least three feet of clearance throughout unit and at least two feet from ceiling throughout unit. All windows to be free from egress obstruction.) Rose Marie Hickey, tenant, appeazed and stated the apartment was a mess and she cleaned it. She has everything less than two feet from the ceiling and at least three feet of cieazance through the unit. The only issue is that she has her plants on the floor, on the radiator, and in front of the windows. They need sunlight, and now she is being told she cannot have them there. Ms. Hickey said the plants are her livelihood. Mike Urmann reported sanitation is an ongoing problem in this unit. Plants are blocking the egress windows. If it was a few plants, it would not be a problem. The aisles are not consistent, which can be seen from the photographs. There are areas much reduced from three feet. (Mr. Urmann presented Gerry Strathman with photographs of the unit taken on April 30, 1999.) 7oe Steiner, owner, appeared and stated he was informed by the previous owner that there were problems in the past with maintaining the certificate of occupancy far this unit. Ms. Hickey has been able to clean it so the unit could get the certificate of occupancy. Mr. Steiner has talked to her in person and given her letters. The unit is minimally clean now. The kitchen is still fuli. Mr. Urmann further reported the unit was not in a condition on Friday for him to sign the certificate of occupancy. There was a lot of clothing in the bathroom. The property will be reinspected next week. Ms. Hickey responded the clothing in the bathroom needs to be washed. Gerry Strathman stated his decision will be contingent on whether the property passes inspection prior to the City Council meeting of May 12. If the property does not pass inspection, then the properiy will be condemned. If the property passes inspec6on, the Notice of Condemnation will be lifted, and the appeal is granted with respect to the plants in the windows. The plants in the photographs seem to be small plants that can be easily pushed out of the way in case of an emergency. The meeting was adjourned at 223 p.m. � o��NAt Properc�ppealed SAINT PAUL, MINNESOTA Presented �m�r� e�, - i'tiQ \�. \�� RESOLUTION �� Referred To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paui hereby certifies and approves the May 4, 1999, 2 decision of the Legislative Hearing Officer on Properiy Code Enfarcement Appeals for the following addresses: 4 5 6 Ap eilant 1401-1403 Midway Parkway Decision: Laid over to the May 18 Property Code Enforcement meeting. 7 1540 Lincoln Avenue 8 Decision: Variance granted on the non conforming doors with the following conditions: 1) the buiiding must 9 otherwise be in compliance, 2) when the non conforming doors need to be replaced, they will be replaced with 10 conforming fire rated doors. 11 1295 Rice Street 12 Decision: Appeal denied. 13 359 Mazia Avenue � er � 14 Decision: Variance ith respect to the front door; appeal denied with respect to the fence. 15 910 Forest Street 16 Decision: Extension granted to August 1, 1999, on the owner's flooring proposals, which are as follows: 17 replace the first floor common areas with tile, replace the living room and hall carpeting in Unit 5, replace the 18 living room and hall carpeting in Unit 2, replace carpeting in one bedroom in Unit 9, and replace the living 19 room and hall carpeting in Units 1 and 11 once those tenants have vacated the units. A variance is granted with 20 respect to ground cover. cout,�il File # q 9_ 4p3 Green Sheet # 64014 21 414 L,exin�ton Parkwav North. Unit 4 22 This decision will be contingent on whether the property passes inspection prior to the City Council meeting of 23 May 12. If the property passes inspection, the Notice of Condennnation will be lifted, and the appeal is granted 24 with respect to the plants in the windows. If the property does not pass inspection, it will be condemned. Green Sheet 64014 qq .yo3 t 2 3 4 5 6 7 8 Yeas Na s Absent Blakey � Coleman ,/ Harris �/ Benanav � Reiter � Bostrom � Lantry ✓ � Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council 9 10 11 12 13 14 Adopted by Council: Date: 1 �� Adopfio Certified by Counc,,i�Secre By: � cl� _ V`� ,._� 15 Approved by ayor: Date 1 ��l 16 By: �1 � 2 q9-4o3 Council 5-5-99 GREEN SHEET � 64014 Gerry Strathman, 266-8575 May 12, 1999 Hwiem wn ROUTItiG ORDER TOTAL # OF SIGNATURE PAGES ov.nx�m�r on¢crort ancou+ti ❑ CIIYATiOP1EY ❑ pIYLIFRK _ ❑ s�wrJn�sexuicFSOUe. ❑ wuxa�sEa�maccrc ❑ Wvortlata89sTANf) ❑ (CLJP ALL LOCATIONS FOR SIGNATURE) Approving the decision of the Legislative Hearing Officer on Property Code Enforcement appeals for the 5-4-99 meeting on the following addresses: 1401-1403 Midway Parkway, 1540 Lincoln Avenue, 1295 Rice Street, 359 Maria Avenue, 910 Forest Street, and 414 Lexington Parkway North Unit 4. PLANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE COMMISSION IFAPPROVED Has this persoMrm everxrorked under a coMract tor this departmeM? VES NO Has this person/firm eve� 6een a cily employee? YES NO Ooes fhis persoMrm possesc a sldll not normallypassessetl by arry curteM ciry employee? YES NO Is this perwNfirm a farpetetl venOO(> YES NO �lain all ves ansvrers on semrate sheM and attach to areen sheet i.!"JLk,�i� S'P�ws`�e.`�i�� +'��iQ+f I IM� 7! � 97�.7 COST/REVENUE BUD6ETED (qRCLE ON� ACTNITYNUMBER VES NO INFORMAiION (IXPWf� \U . ��i-`ko� NOTES OF THE PROPERTY CODE ENFORCEMENT MEETING Tuesday, May 4, 1999 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Pat Fish, Fire Prevention; Phi11Sp Owens, Fire Prevention; Mike Urmann, Fire Prevention The meeting was called to order at 1:32 p.m. 1401-1403 Midwav Parkway Gerry Strathman laid over to the May 18 Property Code Enforcement meeting. The owner does not have the estimates yet and requested additional tlme. 1540 Lincoln Avenue Geiry Strathman stated this appeal is asking for a variance with respect to fire ratings on the doors. Mike Urmann reported the Fire DepartmenYs standazd position is to bring the building into compliance if a variance is granted. Gerry Strathman granted a variance on the non confornung doors with the following conditions: 1) the building must otherwise be in compliance, 2) when the non confornung doors need to be replaced, they will be replaced with confornung fire rated doors. 1295 Rice Street Mike DeRosier, 1295 Rice Street, appeazed and stated this property had a standazd inspection this year. This appeal is for two items: carpet on the wall and inventory is closer than two feet from the ceiling. The carpet has been on the wall since 1983 and has not been cited before. Inventory has been on the shelves since that time as well. The complete outer structure of the building is concrete and steel. The heating system is outside of the building. There is litfle chance of fire hazard. It is a no smoking building. Phillip Owens reported the appeal is for Items 1 and 2. Item 3, which calls for two feet of cleazance between the top of storage and ceiling, is not on the appeal, but the code is very cleaz on how to stack stored materials in the building. If the building has a sprinkler system, the items would have to be 18 inches below the sprinkler head level. If it is not a sprinkled building, the items have to be two feet below the ceiling or the lowest structural member. There aze two primary reasons for this: 1) not to constitute high piled storage which becomes a high hazard occupancy, 2) a11ow the firefighters to squirt water over the boxes in case of a fire. The height of storage is very critical to firefighting operations. As for the carpet, why it has been there for years without being cited, Mr. Owens has no idea. The fire code reads the interior walls and �� 03 PROPERTY CODE ENFORCEMENT NOTES OF 5-4-99 Page 2 ceiling finishes should be maintained in accordance with the building code. The building code stipulates that when textiles aze used as wall covering, the wall covering should have a Class 1 flame spread rafing and should be protected by automatic sprinkler systems, or in compliance with UPC Standazd, which is a test of the flame spread of the material. Mr. Suathman asked for the purpose of the carpet. Noise reduction and expense, responded Mr. DeRosier. The commercial items were 20 to 30 times the cost of the carpet. Removing the storage on top of the shelves may cause his company to sell the building and move out of the City because they need the space. Gerry Strathman denied the appeal. To do otherwise, would create culpability on the City's part. The actions of the Fire Department aze in accordance with the ordinance. 359 Maria Avenue (Pat Fish presented photographs to Gerry Strathman.) Peter McCarty, owner, appeared and stated Pat Fish has not articulated what is wrong with the front door. It has been there far five years. Where does it fail to meet the code, Mr. McCarty asked. Pat Fish responded the front door was replaced a few yeazs ago with a commercial type door which was not manufactured for this type of occupancy. The maintenance code calls for doors that aze tight and weather resistant. What needs to happen with the front door, Gerry Strathman asked. Pat Fish responded the door needs to be secure from the outside. There are a number of cases of people wandering into the building. It is not required that the door be a security one, but the door should be weather tight. There is nothing to keep the elements out except for a little pane of plexiglass. Mr. McCarty responded the door is fully functional. The building has about 15 kids; they go in and out all the time. If the door has a lock, the kids prop the doar open. The door is weather and wind resistant. Pat Fish reported the fence is a trlp hazard; however, the building needs fencing to keep the kids off the grass so the grass seed can take root. Mr. McCarty responded he has not had trouble with the fence so fat. How high does it need to be, asked Mr. Strathman. Ms. Fish responded the code reads that the fence cannot be too high. A fence could be used just along the sidewalk to keep the kids from riding their bikes on the grass. Mr. Strathman asked about the broken siding. Mr. McCarty responded six to eight pieces of siding were cracked. They were replaced, painted, and are not an issue anymore. Mr. Strathman asked about the repainting issue on the appeal. Ms. Fish responded there was graffiti on the building at the time, plus some cracked and broken siding. �'1� �-'c0� PROPERTY CODE ENFORCEMENT NOTES OF 5-4-99 Page 3 As for the roof, Mr. McCariy stated it is rolled roofing and the children had ripped some of it off. It is not leaking, and some pieces were replaced. Re-roofing is not necessary. Gerry Strathman granted a variance with respect to the front door. He does not see the door as a safety hazard, although it may not be aesthetically pleasing. The appeal is denied with respect to the fence. It does represent a trip hazazd, and he would like Mr. McCariy to work with the Fire Department for another solution. 910 Forest Street Larry Cramer and Patricia Whitney, attorney, appeazed. Seven fans were cited as not working, said Mr. Cramer. Six of the fans were working, but noisier than Ms. Fish liked. The one that was not working has been replaced. Ms. Fish responded the beuings were very loud, and the fans were not working at the time. As for ground cover, Mr. Cramer sent a letter explaining that this buiiding is low income housing. There aze 40 to 50 kids in the building at any one time. The backyazd is purposely left for the children to play in so they aze not in the street and in the front. There are some bare spots in the backyazd. It is hard to keep grass there. He is adding fencing that will keep the kids from running around the building. Mr. Cramer would like to be excused from having gtound cover. Ms. Fish responded gtound cover is a certificate of occupancy requirement. Mr. Strathman stated he finds the arguments with respect to the backyazd compelling. He asked what other owners do because this situation cannot be unique. Ms. Fish responded they re-sod. On the deficiencyfconection list, 11 of the 18 units were cited for dirty carpets, stated Mr. Cramer. All the carpets had been cleaned and deodorized the week before the inspection. Two of the units' carpets were replaced in less than a year's time frame. If five of the units aze done and a11 the halls, it would cost $7,200. Mr. Cramer would like to do the following: replace the first floor common areas with tile, replace the living room and hall carpets 3n Unit 5, replace the living room and hall cazpets in ilnit 2, replace one of the bedroom carpets in Unit 9, and replace the living room and ha11 carpets in Units i and 11 once the tenants are out. This will cost about $5,000. Mr. Cramer asked for an extension to August 1 to get this done. Ms. Fish stated she has no probiem with tile in the common uea. Some units have carpets that are in bad shape. Gerry Strathman granted a extension to August 1, 1999, on L.arry Cramer's flooring proposals, which aze as follows: replace the first floor common areas with tile, replace the living room and hall carpets in Unit 5, replace the living room and hall carpets in Unit 2, replace one of the bedroom cazpets in Unit 9, and replace the living room and hall cazpets in Units 1 and 11 once the tenants have vacated the units. A variance is granted with respect to ground cover. �� 3 PROPERTY CODE ENFORCEMENT NOT'ES OF 5-4-99 414 Le�n�ton Parkwav North #4 Page 4 (The deficiency correction list reads as follows: Unit #4 - Unit to be kept in a clean and unobstructed manner with at least three feet of clearance throughout unit and at least two feet from ceiling throughout unit. All windows to be free from egress obstruction.) Rose Marie Hickey, tenant, appeazed and stated the apartment was a mess and she cleaned it. She has everything less than two feet from the ceiling and at least three feet of cieazance through the unit. The only issue is that she has her plants on the floor, on the radiator, and in front of the windows. They need sunlight, and now she is being told she cannot have them there. Ms. Hickey said the plants are her livelihood. Mike Urmann reported sanitation is an ongoing problem in this unit. Plants are blocking the egress windows. If it was a few plants, it would not be a problem. The aisles are not consistent, which can be seen from the photographs. There are areas much reduced from three feet. (Mr. Urmann presented Gerry Strathman with photographs of the unit taken on April 30, 1999.) 7oe Steiner, owner, appeared and stated he was informed by the previous owner that there were problems in the past with maintaining the certificate of occupancy far this unit. Ms. Hickey has been able to clean it so the unit could get the certificate of occupancy. Mr. Steiner has talked to her in person and given her letters. The unit is minimally clean now. The kitchen is still fuli. Mr. Urmann further reported the unit was not in a condition on Friday for him to sign the certificate of occupancy. There was a lot of clothing in the bathroom. The property will be reinspected next week. Ms. Hickey responded the clothing in the bathroom needs to be washed. Gerry Strathman stated his decision will be contingent on whether the property passes inspection prior to the City Council meeting of May 12. If the property does not pass inspection, then the properiy will be condemned. If the property passes inspec6on, the Notice of Condemnation will be lifted, and the appeal is granted with respect to the plants in the windows. The plants in the photographs seem to be small plants that can be easily pushed out of the way in case of an emergency. The meeting was adjourned at 223 p.m. � o��NAt Properc�ppealed SAINT PAUL, MINNESOTA Presented �m�r� e�, - i'tiQ \�. \�� RESOLUTION �� Referred To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paui hereby certifies and approves the May 4, 1999, 2 decision of the Legislative Hearing Officer on Properiy Code Enfarcement Appeals for the following addresses: 4 5 6 Ap eilant 1401-1403 Midway Parkway Decision: Laid over to the May 18 Property Code Enforcement meeting. 7 1540 Lincoln Avenue 8 Decision: Variance granted on the non conforming doors with the following conditions: 1) the buiiding must 9 otherwise be in compliance, 2) when the non conforming doors need to be replaced, they will be replaced with 10 conforming fire rated doors. 11 1295 Rice Street 12 Decision: Appeal denied. 13 359 Mazia Avenue � er � 14 Decision: Variance ith respect to the front door; appeal denied with respect to the fence. 15 910 Forest Street 16 Decision: Extension granted to August 1, 1999, on the owner's flooring proposals, which are as follows: 17 replace the first floor common areas with tile, replace the living room and hall carpeting in Unit 5, replace the 18 living room and hall carpeting in Unit 2, replace carpeting in one bedroom in Unit 9, and replace the living 19 room and hall carpeting in Units 1 and 11 once those tenants have vacated the units. A variance is granted with 20 respect to ground cover. cout,�il File # q 9_ 4p3 Green Sheet # 64014 21 414 L,exin�ton Parkwav North. Unit 4 22 This decision will be contingent on whether the property passes inspection prior to the City Council meeting of 23 May 12. If the property passes inspection, the Notice of Condennnation will be lifted, and the appeal is granted 24 with respect to the plants in the windows. If the property does not pass inspection, it will be condemned. Green Sheet 64014 qq .yo3 t 2 3 4 5 6 7 8 Yeas Na s Absent Blakey � Coleman ,/ Harris �/ Benanav � Reiter � Bostrom � Lantry ✓ � Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council 9 10 11 12 13 14 Adopted by Council: Date: 1 �� Adopfio Certified by Counc,,i�Secre By: � cl� _ V`� ,._� 15 Approved by ayor: Date 1 ��l 16 By: �1 � 2 q9-4o3 Council 5-5-99 GREEN SHEET � 64014 Gerry Strathman, 266-8575 May 12, 1999 Hwiem wn ROUTItiG ORDER TOTAL # OF SIGNATURE PAGES ov.nx�m�r on¢crort ancou+ti ❑ CIIYATiOP1EY ❑ pIYLIFRK _ ❑ s�wrJn�sexuicFSOUe. ❑ wuxa�sEa�maccrc ❑ Wvortlata89sTANf) ❑ (CLJP ALL LOCATIONS FOR SIGNATURE) Approving the decision of the Legislative Hearing Officer on Property Code Enforcement appeals for the 5-4-99 meeting on the following addresses: 1401-1403 Midway Parkway, 1540 Lincoln Avenue, 1295 Rice Street, 359 Maria Avenue, 910 Forest Street, and 414 Lexington Parkway North Unit 4. PLANNING COMMISSION CIB CAMMITTEE CIVIL SERVICE COMMISSION IFAPPROVED Has this persoMrm everxrorked under a coMract tor this departmeM? VES NO Has this person/firm eve� 6een a cily employee? YES NO Ooes fhis persoMrm possesc a sldll not normallypassessetl by arry curteM ciry employee? YES NO Is this perwNfirm a farpetetl venOO(> YES NO �lain all ves ansvrers on semrate sheM and attach to areen sheet i.!"JLk,�i� S'P�ws`�e.`�i�� +'��iQ+f I IM� 7! � 97�.7 COST/REVENUE BUD6ETED (qRCLE ON� ACTNITYNUMBER VES NO INFORMAiION (IXPWf� \U . ��i-`ko� NOTES OF THE PROPERTY CODE ENFORCEMENT MEETING Tuesday, May 4, 1999 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Pat Fish, Fire Prevention; Phi11Sp Owens, Fire Prevention; Mike Urmann, Fire Prevention The meeting was called to order at 1:32 p.m. 1401-1403 Midwav Parkway Gerry Strathman laid over to the May 18 Property Code Enforcement meeting. The owner does not have the estimates yet and requested additional tlme. 1540 Lincoln Avenue Geiry Strathman stated this appeal is asking for a variance with respect to fire ratings on the doors. Mike Urmann reported the Fire DepartmenYs standazd position is to bring the building into compliance if a variance is granted. Gerry Strathman granted a variance on the non confornung doors with the following conditions: 1) the building must otherwise be in compliance, 2) when the non confornung doors need to be replaced, they will be replaced with confornung fire rated doors. 1295 Rice Street Mike DeRosier, 1295 Rice Street, appeazed and stated this property had a standazd inspection this year. This appeal is for two items: carpet on the wall and inventory is closer than two feet from the ceiling. The carpet has been on the wall since 1983 and has not been cited before. Inventory has been on the shelves since that time as well. The complete outer structure of the building is concrete and steel. The heating system is outside of the building. There is litfle chance of fire hazard. It is a no smoking building. Phillip Owens reported the appeal is for Items 1 and 2. Item 3, which calls for two feet of cleazance between the top of storage and ceiling, is not on the appeal, but the code is very cleaz on how to stack stored materials in the building. If the building has a sprinkler system, the items would have to be 18 inches below the sprinkler head level. If it is not a sprinkled building, the items have to be two feet below the ceiling or the lowest structural member. There aze two primary reasons for this: 1) not to constitute high piled storage which becomes a high hazard occupancy, 2) a11ow the firefighters to squirt water over the boxes in case of a fire. The height of storage is very critical to firefighting operations. As for the carpet, why it has been there for years without being cited, Mr. Owens has no idea. The fire code reads the interior walls and �� 03 PROPERTY CODE ENFORCEMENT NOTES OF 5-4-99 Page 2 ceiling finishes should be maintained in accordance with the building code. The building code stipulates that when textiles aze used as wall covering, the wall covering should have a Class 1 flame spread rafing and should be protected by automatic sprinkler systems, or in compliance with UPC Standazd, which is a test of the flame spread of the material. Mr. Suathman asked for the purpose of the carpet. Noise reduction and expense, responded Mr. DeRosier. The commercial items were 20 to 30 times the cost of the carpet. Removing the storage on top of the shelves may cause his company to sell the building and move out of the City because they need the space. Gerry Strathman denied the appeal. To do otherwise, would create culpability on the City's part. The actions of the Fire Department aze in accordance with the ordinance. 359 Maria Avenue (Pat Fish presented photographs to Gerry Strathman.) Peter McCarty, owner, appeared and stated Pat Fish has not articulated what is wrong with the front door. It has been there far five years. Where does it fail to meet the code, Mr. McCarty asked. Pat Fish responded the front door was replaced a few yeazs ago with a commercial type door which was not manufactured for this type of occupancy. The maintenance code calls for doors that aze tight and weather resistant. What needs to happen with the front door, Gerry Strathman asked. Pat Fish responded the door needs to be secure from the outside. There are a number of cases of people wandering into the building. It is not required that the door be a security one, but the door should be weather tight. There is nothing to keep the elements out except for a little pane of plexiglass. Mr. McCarty responded the door is fully functional. The building has about 15 kids; they go in and out all the time. If the door has a lock, the kids prop the doar open. The door is weather and wind resistant. Pat Fish reported the fence is a trlp hazard; however, the building needs fencing to keep the kids off the grass so the grass seed can take root. Mr. McCarty responded he has not had trouble with the fence so fat. How high does it need to be, asked Mr. Strathman. Ms. Fish responded the code reads that the fence cannot be too high. A fence could be used just along the sidewalk to keep the kids from riding their bikes on the grass. Mr. Strathman asked about the broken siding. Mr. McCarty responded six to eight pieces of siding were cracked. They were replaced, painted, and are not an issue anymore. Mr. Strathman asked about the repainting issue on the appeal. Ms. Fish responded there was graffiti on the building at the time, plus some cracked and broken siding. �'1� �-'c0� PROPERTY CODE ENFORCEMENT NOTES OF 5-4-99 Page 3 As for the roof, Mr. McCariy stated it is rolled roofing and the children had ripped some of it off. It is not leaking, and some pieces were replaced. Re-roofing is not necessary. Gerry Strathman granted a variance with respect to the front door. He does not see the door as a safety hazard, although it may not be aesthetically pleasing. The appeal is denied with respect to the fence. It does represent a trip hazazd, and he would like Mr. McCariy to work with the Fire Department for another solution. 910 Forest Street Larry Cramer and Patricia Whitney, attorney, appeazed. Seven fans were cited as not working, said Mr. Cramer. Six of the fans were working, but noisier than Ms. Fish liked. The one that was not working has been replaced. Ms. Fish responded the beuings were very loud, and the fans were not working at the time. As for ground cover, Mr. Cramer sent a letter explaining that this buiiding is low income housing. There aze 40 to 50 kids in the building at any one time. The backyazd is purposely left for the children to play in so they aze not in the street and in the front. There are some bare spots in the backyazd. It is hard to keep grass there. He is adding fencing that will keep the kids from running around the building. Mr. Cramer would like to be excused from having gtound cover. Ms. Fish responded gtound cover is a certificate of occupancy requirement. Mr. Strathman stated he finds the arguments with respect to the backyazd compelling. He asked what other owners do because this situation cannot be unique. Ms. Fish responded they re-sod. On the deficiencyfconection list, 11 of the 18 units were cited for dirty carpets, stated Mr. Cramer. All the carpets had been cleaned and deodorized the week before the inspection. Two of the units' carpets were replaced in less than a year's time frame. If five of the units aze done and a11 the halls, it would cost $7,200. Mr. Cramer would like to do the following: replace the first floor common areas with tile, replace the living room and hall carpets 3n Unit 5, replace the living room and hall cazpets in ilnit 2, replace one of the bedroom carpets in Unit 9, and replace the living room and ha11 carpets in Units i and 11 once the tenants are out. This will cost about $5,000. Mr. Cramer asked for an extension to August 1 to get this done. Ms. Fish stated she has no probiem with tile in the common uea. Some units have carpets that are in bad shape. Gerry Strathman granted a extension to August 1, 1999, on L.arry Cramer's flooring proposals, which aze as follows: replace the first floor common areas with tile, replace the living room and hall carpets in Unit 5, replace the living room and hall carpets in Unit 2, replace one of the bedroom cazpets in Unit 9, and replace the living room and hall cazpets in Units 1 and 11 once the tenants have vacated the units. A variance is granted with respect to ground cover. �� 3 PROPERTY CODE ENFORCEMENT NOT'ES OF 5-4-99 414 Le�n�ton Parkwav North #4 Page 4 (The deficiency correction list reads as follows: Unit #4 - Unit to be kept in a clean and unobstructed manner with at least three feet of clearance throughout unit and at least two feet from ceiling throughout unit. All windows to be free from egress obstruction.) Rose Marie Hickey, tenant, appeazed and stated the apartment was a mess and she cleaned it. She has everything less than two feet from the ceiling and at least three feet of cieazance through the unit. The only issue is that she has her plants on the floor, on the radiator, and in front of the windows. They need sunlight, and now she is being told she cannot have them there. Ms. Hickey said the plants are her livelihood. Mike Urmann reported sanitation is an ongoing problem in this unit. Plants are blocking the egress windows. If it was a few plants, it would not be a problem. The aisles are not consistent, which can be seen from the photographs. There are areas much reduced from three feet. (Mr. Urmann presented Gerry Strathman with photographs of the unit taken on April 30, 1999.) 7oe Steiner, owner, appeared and stated he was informed by the previous owner that there were problems in the past with maintaining the certificate of occupancy far this unit. Ms. Hickey has been able to clean it so the unit could get the certificate of occupancy. Mr. Steiner has talked to her in person and given her letters. The unit is minimally clean now. The kitchen is still fuli. Mr. Urmann further reported the unit was not in a condition on Friday for him to sign the certificate of occupancy. There was a lot of clothing in the bathroom. The property will be reinspected next week. Ms. Hickey responded the clothing in the bathroom needs to be washed. Gerry Strathman stated his decision will be contingent on whether the property passes inspection prior to the City Council meeting of May 12. If the property does not pass inspection, then the properiy will be condemned. If the property passes inspec6on, the Notice of Condemnation will be lifted, and the appeal is granted with respect to the plants in the windows. The plants in the photographs seem to be small plants that can be easily pushed out of the way in case of an emergency. The meeting was adjourned at 223 p.m. �