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00-3314R1G1NAL Presented Referred To �rt��v� e� - �t' � � `�a J,. Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the Apri14, 2000, 2 decision of the Legislative Hearing Officer on Properry Code Enforcement Appeals for the following addresses: 3 Properry Appealed Appe]lant 4 240 Sycamore Street West Thomas Heffelfinger for D.A.L., Inc. 5 Decision: Laid over to May 2, 2000. 6 622 and 632 Snellin�Avenue South �`ra Kipp for Snelling III, L.L.P. 7 Decision: Variance granted on the nonconforming doors on the following conditions: 1) when the 8 nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the other 9 outstanding issues will be resolved. 10 11 1425 Crrand Avenue Dauid McDonell for M& H Properties 12 Decision: Variance granted on the nonconforming doors on the following conditions: 1) if any of the 13 nonconforming doars need to be replaced, they will be replaced with conforming fire rated doors, 2) the 14 building must otherwise be in compliance. � �r � `C a � 1S ''� F �th�' F t al 7G1 R t- c.`. --` r�- t �' `;' .. . � 16 . me , ut extension gran e o ", �91 ta hrin buil ine into cnm�a�ee. RESOLUTION CiTY OF SA1NT PAUL, MINNESOTA Council File # oe . 3`'�� Green Sheet # 100410 (� 17 1770 Old Hudson Road David R. Mack for Hudson Road Holdings 18 Decision: Appeal denied. Properiy Code Enforcement Resolution, Green Sheet 100410 00 -3'b l 1 2 3 4 5 6 7 8 Yeas Nays Absent Blakey � Coleman � Harris � j Benanav � Reiter � Boshom � Lantry � b 9 Adopted by Council: Date Q�_,. �� � a c'S-�fl 10 11 Adoption Certified by Council ecre 12 By: ��_ d . 13 Approved by Mayor: ate 7TJllfl � 1� � 14 By: / Requested by Deparlment of: � Fonm Approved by City Attomey G�J Approved by Mayor for Submission to Council � 2 9 0 .531 GREEN SHEET 266-8560 ��� Rwi,.w onoeR TOTAL # OF SIGNANRE PAGES r--'--�- ` "� !, i N o u .. -: � � ❑ �,�.� ❑ �� _ ❑..�.�.��� ❑..�.�.�� ❑wva�faewtaqrq ❑ (CUP ALL LOCA'iIONS fOR SIGI�fAATURE) Approving the Apri14, 2000, decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addresses: 240 Sycamore Street West, 622 and 632 Snelling Avenue South, 1425 Crcand Avenue, 249 Fourth Street East (aka 253 Fourth Street East), and 1770 Old Audson Road. PLANNfNG CAMMISSION CIB COMMIT�EE CML SERVICE CAMMISSiON �_1�9::•Pd.] rms ws �rm e�er�onaea u�ae. a�aaa r« ms a�'+ tfES ND Flas mis PneoMrm aw been a uty empbyes9 YES PID Daestlic pe�edVfirm Weaeas e Nall nd � bY �Y dlfleM aly empbyee7 YES ND ro mis pere«uhrm a txgeeea ve.aoR YES NO olan aB vas a�e's m aemrale aMet antl aCeeh to armn sMet ��i� ��+���i� L.'u^�ii?� ���� �� - CO5T/REVENUE BUD6ETm (CIRCLE ONq YEE NO SOURCE � ACTM7YNWBER c�v= 33 � NOTES OF THE PROPERTY CODE ENFORCEMENT MEETING Tuesday, April 4, 2000 Room 330 Courthouse Gerry Strathman, Legisiative Hearing Officer STAFF PRESENT: Mazk Kaisersatt, License, Inspections, Bnvironmental Protection; Mike Urmann, Fire Prevenflon 240 Sycamore Street West Gerry Strathman stated this matter has been laid over to May 2, 2000. Apneal of Summary Abatement Order for 240 Sycamore Street West. Gerty Strathman stated this matter has been laid over to May 2, 2000. 622 and 632 SneilingAvenue South Ira Kipp, one of the owners of Sneliing III, L.L.P., appeared to appeai the order to instail new fire doors on a11 the apariment units. He has owned the property for approximately seven months. The doors would be a big expense. The building is in good condition. Mike Urmann reported he would have no problem with an appeal; however, there aze seven issues outstanding besides the fire doors. Mr. Kipp responded the other items aze taken caze of. Gerry Strathman granted a variance on the nonconforming doors on the following condifions: 1) if any of the nonconforming doors need to be replaced, they will be replaced with conforming fire rated doars, 2) the other outstanding issues will be resolved. 1425 Grand Avenue Gerry Strathman stated the owner David McDonald was unable to appear today. Mike Urmann reported he has no objections to an appeal. He spoke to the owner this morning. Gerry Sttathman granted a variance on the nonconforming doors on the following conditions: 1} if any of the nonconfornung doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance. 249 Fourth Street East, aka 253 Fourth Street East Jim Miller, property manager, appeared and stated this properry is a five story building with a full basement, 12,000 square feet on each floor, 60,000 square feet plus the basement. It is an older building in Lowertown. It has not been renovated. Most of the building consists of artist studio space and storage. It is their intenfion to comply with all the items on the inspection report, but they are appealing two: Item 8- install an approved fire sprinkler system throughout basement, �0-33 \ PROPERTY CODE ENFORCEMENT NOTES OF 4-4-2000 Page 2 Item 18 - instali a Class III standpipe system as required. They have received a bid on the standpipe, and it would cost at least $42,000. They have also received a bid on the sprinkler system which would cost over $37,000. The owner is evaluating plans to renovate the building. At that time, standpipes wouid be installed and the entire building sprinkled. The building is leased at nouiinal amounts to artists. It would be a financial hardship to make this improvement and continue the building in its present use. The lower level was used as storage for many yeazs and a tenant Books for Africa just moved down there, and they aze not charged any rent. Mr. Miller asked is the sprinkler requirement as a result of that tenant in the basement. Mike Urmann reported the sprinkling of the basement in some sense does deal with the tenant and the useable space in the basement. Basements in excess of 2,500 square feet aze required to be sprinkled from a firefighting standpoint and a life safety standpoint. He does not have the exact square footage of this basement, but the inspector said it is split in half, and each side was in excess of 2,400 square feet; therefore, it is about 4,800 square feet in total. Mr. Strathman asked why the standpipes are an issue now. They become an issue from a firefighting standpoint, responded Mr. Urmann. They are required on three or more stories in height in any building, regazdless of square footage. This building is seven stories and should have had one instalied earlier. Mr. Urmann in unsure why it had not been cited previously. Regarding Books for Africa, stated Mr. Miller, the tenant uses the space for storage, they collect text books that are donated, and then they aze shipped in bulk to Africa. The people that run Books for Africa do not office in that space. Also, the building is five stories tali, not seven stories as Mr. Urmann said previously. Each floor is about 12,000 squaze feet, and the basement is 12,000 square feet total. Books for Africa only occupies a portion of the basement. Mr. Strathman asked when the rehab would be undertaken. When the market conditions permit and the rents can be obtained to cover the costs of the building, responded Mr. Miller. Mr. Strathman asked does the fire department consider this a serious and urgent matter. Mr. Urmann responded it is a serious manner, but it has been past practice to give over a year to take care of these problems due to the cost and the time it takes to get it completed. Mr. Miller stated he could not put a standpipe in the building and then subsequenfly renovate it. Therefore, this puts the owner in a situation where they may be forced to make major changes, such as converting to office and increasing the rent dramatically. In that case, most of the tenants could not afford to remain. Mr. Strathman responded that is regrettable; however, once the City becomes cognizant of a situation that is not in compliance with the code, then the City could be responsible for certain negligence issues. Mr. Miller asked if the tenant in the basement is evicted, would the sprivkler requirement remain. Mr. Urmann responded the requirement would remain as long as there would be storage there. As for vacating the property, that is an enforcement problem. There were cases in the past where c�c5=��\ PROPERTY CODE ENFORCEMENT NOTES OF 4-4-2000 Page 3 they have allowed vacating the basement, and a month later it is full. The fire marshal is able to grant those types of variances. Mr. Miller asked if the basement was partitioned so that no azea was more than 2,500 square feet, would that obviate the need for the sprinklers. Mr. Urmann responded partitioning the basement comes into other situations such as e�ting. Mr. Strathman denied the appeal, but granted an ea�tension to Aprii 12, 2001, to bring the building into compliance. The findings of the fire department aze conect and the requirement is in conformance with the code. 1770 Old Hudson Road Jeff Findorff for Hudson Road Holdings, LLC, appeared and gave Gerry Strathman a letter dated Apri14, 2000, which eaplained the situation regarding the properry. Part of the reason the letter was prepared, explained Mr. FindorfF, is because he has only been with the company since January and is unaware of its past history. Mazk Kaisersatt reported that he responded to a complaint regarding a loud broadcast on the intercom at the gas puxnps at the Gas N Splash, 1770 Old Hudson Road. There is an ordinance 284.01 which restricts the broadcast onto the public street for the purposes of advertising or attracting the attention of the public. The intercom is quite loud. Mr. Kaisersatt recorded the message which is partially inshuctional and partially advertising. It runs on a 30 second loop: 30 seconds on, 30 seconds off. On March 23, orders were sent to discontinue the broadcast. Mr. Strathman read the ordinance and stated it seems both conditions have to exist: sound has to be cast out into the public street, and it has to be for the purposes of advertising or attracting attention It seems to be casting sound into the public access azea, but he is not sure if it is operating for advertising or attenrion. Mr. Kaisersatt responded price compazisons are made to competitors, advertising for the caz wash, and there is an instructional component on how to use the pumps. Mr. Strathxnan requested to hear the audio tape. (Mr. Kaisersatt played a tape of the message.) The tape was very help, stated Mr. Strathman. This is definitely advertising: there are price comparisons and promotion of other services. Assuming the appeal is denied, he asked is there an alternative plan. Mr. Findorff responded they could take the advertising off the tape and make a jingle so it is not monotonous. Mr. Strathman stated if the advertising is taken off, other ordinances may be brought to bear if there continues to be complaints, such as public nuisance and noise. C70-�3 \ PROPERTY CODE ENFORCEMENT NOTES OF 4-4-2000 Page 4 Mr. Findorff agreed that it is too loud. If there was littie tr�c, it could be heard at another house. However, with the tape not being on, a lot more people ask questions about how to operate the system. Mr. Strathman responded maybe there is a compromise. Mr. Kaisersatt stated he got readings of 80 decibels at the pump and the low 70's at the property line. Conversation is 55 decibels and every 10 decibels is a doubling of the sound. This recording is almost screamiug at customers when they aze at the pumps. The volume can be lowered considerably. Gerry Strathman denied the appeal; however, he encouraged Mr. Findorff to work with the inspector to see if they can come up with something that meets the needs of the neighborhood and allows Gas N Splash to continue to do business. If they reach an agreement, the inspector can withdraw the orders. If the issue is not resolved, there may be enforcement action. The meeting was adjourned at 2:02 p.m. rE'7i1 4R1G1NAL Presented Referred To �rt��v� e� - �t' � � `�a J,. Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the Apri14, 2000, 2 decision of the Legislative Hearing Officer on Properry Code Enforcement Appeals for the following addresses: 3 Properry Appealed Appe]lant 4 240 Sycamore Street West Thomas Heffelfinger for D.A.L., Inc. 5 Decision: Laid over to May 2, 2000. 6 622 and 632 Snellin�Avenue South �`ra Kipp for Snelling III, L.L.P. 7 Decision: Variance granted on the nonconforming doors on the following conditions: 1) when the 8 nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the other 9 outstanding issues will be resolved. 10 11 1425 Crrand Avenue Dauid McDonell for M& H Properties 12 Decision: Variance granted on the nonconforming doors on the following conditions: 1) if any of the 13 nonconforming doars need to be replaced, they will be replaced with conforming fire rated doors, 2) the 14 building must otherwise be in compliance. � �r � `C a � 1S ''� F �th�' F t al 7G1 R t- c.`. --` r�- t �' `;' .. . � 16 . me , ut extension gran e o ", �91 ta hrin buil ine into cnm�a�ee. RESOLUTION CiTY OF SA1NT PAUL, MINNESOTA Council File # oe . 3`'�� Green Sheet # 100410 (� 17 1770 Old Hudson Road David R. Mack for Hudson Road Holdings 18 Decision: Appeal denied. Properiy Code Enforcement Resolution, Green Sheet 100410 00 -3'b l 1 2 3 4 5 6 7 8 Yeas Nays Absent Blakey � Coleman � Harris � j Benanav � Reiter � Boshom � Lantry � b 9 Adopted by Council: Date Q�_,. �� � a c'S-�fl 10 11 Adoption Certified by Council ecre 12 By: ��_ d . 13 Approved by Mayor: ate 7TJllfl � 1� � 14 By: / Requested by Deparlment of: � Fonm Approved by City Attomey G�J Approved by Mayor for Submission to Council � 2 9 0 .531 GREEN SHEET 266-8560 ��� Rwi,.w onoeR TOTAL # OF SIGNANRE PAGES r--'--�- ` "� !, i N o u .. -: � � ❑ �,�.� ❑ �� _ ❑..�.�.��� ❑..�.�.�� ❑wva�faewtaqrq ❑ (CUP ALL LOCA'iIONS fOR SIGI�fAATURE) Approving the Apri14, 2000, decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addresses: 240 Sycamore Street West, 622 and 632 Snelling Avenue South, 1425 Crcand Avenue, 249 Fourth Street East (aka 253 Fourth Street East), and 1770 Old Audson Road. PLANNfNG CAMMISSION CIB COMMIT�EE CML SERVICE CAMMISSiON �_1�9::•Pd.] rms ws �rm e�er�onaea u�ae. a�aaa r« ms a�'+ tfES ND Flas mis PneoMrm aw been a uty empbyes9 YES PID Daestlic pe�edVfirm Weaeas e Nall nd � bY �Y dlfleM aly empbyee7 YES ND ro mis pere«uhrm a txgeeea ve.aoR YES NO olan aB vas a�e's m aemrale aMet antl aCeeh to armn sMet ��i� ��+���i� L.'u^�ii?� ���� �� - CO5T/REVENUE BUD6ETm (CIRCLE ONq YEE NO SOURCE � ACTM7YNWBER c�v= 33 � NOTES OF THE PROPERTY CODE ENFORCEMENT MEETING Tuesday, April 4, 2000 Room 330 Courthouse Gerry Strathman, Legisiative Hearing Officer STAFF PRESENT: Mazk Kaisersatt, License, Inspections, Bnvironmental Protection; Mike Urmann, Fire Prevenflon 240 Sycamore Street West Gerry Strathman stated this matter has been laid over to May 2, 2000. Apneal of Summary Abatement Order for 240 Sycamore Street West. Gerty Strathman stated this matter has been laid over to May 2, 2000. 622 and 632 SneilingAvenue South Ira Kipp, one of the owners of Sneliing III, L.L.P., appeared to appeai the order to instail new fire doors on a11 the apariment units. He has owned the property for approximately seven months. The doors would be a big expense. The building is in good condition. Mike Urmann reported he would have no problem with an appeal; however, there aze seven issues outstanding besides the fire doors. Mr. Kipp responded the other items aze taken caze of. Gerry Strathman granted a variance on the nonconforming doors on the following condifions: 1) if any of the nonconforming doors need to be replaced, they will be replaced with conforming fire rated doars, 2) the other outstanding issues will be resolved. 1425 Grand Avenue Gerry Strathman stated the owner David McDonald was unable to appear today. Mike Urmann reported he has no objections to an appeal. He spoke to the owner this morning. Gerry Sttathman granted a variance on the nonconforming doors on the following conditions: 1} if any of the nonconfornung doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance. 249 Fourth Street East, aka 253 Fourth Street East Jim Miller, property manager, appeared and stated this properry is a five story building with a full basement, 12,000 square feet on each floor, 60,000 square feet plus the basement. It is an older building in Lowertown. It has not been renovated. Most of the building consists of artist studio space and storage. It is their intenfion to comply with all the items on the inspection report, but they are appealing two: Item 8- install an approved fire sprinkler system throughout basement, �0-33 \ PROPERTY CODE ENFORCEMENT NOTES OF 4-4-2000 Page 2 Item 18 - instali a Class III standpipe system as required. They have received a bid on the standpipe, and it would cost at least $42,000. They have also received a bid on the sprinkler system which would cost over $37,000. The owner is evaluating plans to renovate the building. At that time, standpipes wouid be installed and the entire building sprinkled. The building is leased at nouiinal amounts to artists. It would be a financial hardship to make this improvement and continue the building in its present use. The lower level was used as storage for many yeazs and a tenant Books for Africa just moved down there, and they aze not charged any rent. Mr. Miller asked is the sprinkler requirement as a result of that tenant in the basement. Mike Urmann reported the sprinkling of the basement in some sense does deal with the tenant and the useable space in the basement. Basements in excess of 2,500 square feet aze required to be sprinkled from a firefighting standpoint and a life safety standpoint. He does not have the exact square footage of this basement, but the inspector said it is split in half, and each side was in excess of 2,400 square feet; therefore, it is about 4,800 square feet in total. Mr. Strathman asked why the standpipes are an issue now. They become an issue from a firefighting standpoint, responded Mr. Urmann. They are required on three or more stories in height in any building, regazdless of square footage. This building is seven stories and should have had one instalied earlier. Mr. Urmann in unsure why it had not been cited previously. Regarding Books for Africa, stated Mr. Miller, the tenant uses the space for storage, they collect text books that are donated, and then they aze shipped in bulk to Africa. The people that run Books for Africa do not office in that space. Also, the building is five stories tali, not seven stories as Mr. Urmann said previously. Each floor is about 12,000 squaze feet, and the basement is 12,000 square feet total. Books for Africa only occupies a portion of the basement. Mr. Strathman asked when the rehab would be undertaken. When the market conditions permit and the rents can be obtained to cover the costs of the building, responded Mr. Miller. Mr. Strathman asked does the fire department consider this a serious and urgent matter. Mr. Urmann responded it is a serious manner, but it has been past practice to give over a year to take care of these problems due to the cost and the time it takes to get it completed. Mr. Miller stated he could not put a standpipe in the building and then subsequenfly renovate it. Therefore, this puts the owner in a situation where they may be forced to make major changes, such as converting to office and increasing the rent dramatically. In that case, most of the tenants could not afford to remain. Mr. Strathman responded that is regrettable; however, once the City becomes cognizant of a situation that is not in compliance with the code, then the City could be responsible for certain negligence issues. Mr. Miller asked if the tenant in the basement is evicted, would the sprivkler requirement remain. Mr. Urmann responded the requirement would remain as long as there would be storage there. As for vacating the property, that is an enforcement problem. There were cases in the past where c�c5=��\ PROPERTY CODE ENFORCEMENT NOTES OF 4-4-2000 Page 3 they have allowed vacating the basement, and a month later it is full. The fire marshal is able to grant those types of variances. Mr. Miller asked if the basement was partitioned so that no azea was more than 2,500 square feet, would that obviate the need for the sprinklers. Mr. Urmann responded partitioning the basement comes into other situations such as e�ting. Mr. Strathman denied the appeal, but granted an ea�tension to Aprii 12, 2001, to bring the building into compliance. The findings of the fire department aze conect and the requirement is in conformance with the code. 1770 Old Hudson Road Jeff Findorff for Hudson Road Holdings, LLC, appeared and gave Gerry Strathman a letter dated Apri14, 2000, which eaplained the situation regarding the properry. Part of the reason the letter was prepared, explained Mr. FindorfF, is because he has only been with the company since January and is unaware of its past history. Mazk Kaisersatt reported that he responded to a complaint regarding a loud broadcast on the intercom at the gas puxnps at the Gas N Splash, 1770 Old Hudson Road. There is an ordinance 284.01 which restricts the broadcast onto the public street for the purposes of advertising or attracting the attention of the public. The intercom is quite loud. Mr. Kaisersatt recorded the message which is partially inshuctional and partially advertising. It runs on a 30 second loop: 30 seconds on, 30 seconds off. On March 23, orders were sent to discontinue the broadcast. Mr. Strathman read the ordinance and stated it seems both conditions have to exist: sound has to be cast out into the public street, and it has to be for the purposes of advertising or attracting attention It seems to be casting sound into the public access azea, but he is not sure if it is operating for advertising or attenrion. Mr. Kaisersatt responded price compazisons are made to competitors, advertising for the caz wash, and there is an instructional component on how to use the pumps. Mr. Strathxnan requested to hear the audio tape. (Mr. Kaisersatt played a tape of the message.) The tape was very help, stated Mr. Strathman. This is definitely advertising: there are price comparisons and promotion of other services. Assuming the appeal is denied, he asked is there an alternative plan. Mr. Findorff responded they could take the advertising off the tape and make a jingle so it is not monotonous. Mr. Strathman stated if the advertising is taken off, other ordinances may be brought to bear if there continues to be complaints, such as public nuisance and noise. C70-�3 \ PROPERTY CODE ENFORCEMENT NOTES OF 4-4-2000 Page 4 Mr. Findorff agreed that it is too loud. If there was littie tr�c, it could be heard at another house. However, with the tape not being on, a lot more people ask questions about how to operate the system. Mr. Strathman responded maybe there is a compromise. Mr. Kaisersatt stated he got readings of 80 decibels at the pump and the low 70's at the property line. Conversation is 55 decibels and every 10 decibels is a doubling of the sound. This recording is almost screamiug at customers when they aze at the pumps. The volume can be lowered considerably. Gerry Strathman denied the appeal; however, he encouraged Mr. Findorff to work with the inspector to see if they can come up with something that meets the needs of the neighborhood and allows Gas N Splash to continue to do business. If they reach an agreement, the inspector can withdraw the orders. If the issue is not resolved, there may be enforcement action. The meeting was adjourned at 2:02 p.m. rE'7i1 4R1G1NAL Presented Referred To �rt��v� e� - �t' � � `�a J,. Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the Apri14, 2000, 2 decision of the Legislative Hearing Officer on Properry Code Enforcement Appeals for the following addresses: 3 Properry Appealed Appe]lant 4 240 Sycamore Street West Thomas Heffelfinger for D.A.L., Inc. 5 Decision: Laid over to May 2, 2000. 6 622 and 632 Snellin�Avenue South �`ra Kipp for Snelling III, L.L.P. 7 Decision: Variance granted on the nonconforming doors on the following conditions: 1) when the 8 nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the other 9 outstanding issues will be resolved. 10 11 1425 Crrand Avenue Dauid McDonell for M& H Properties 12 Decision: Variance granted on the nonconforming doors on the following conditions: 1) if any of the 13 nonconforming doars need to be replaced, they will be replaced with conforming fire rated doors, 2) the 14 building must otherwise be in compliance. � �r � `C a � 1S ''� F �th�' F t al 7G1 R t- c.`. --` r�- t �' `;' .. . � 16 . me , ut extension gran e o ", �91 ta hrin buil ine into cnm�a�ee. RESOLUTION CiTY OF SA1NT PAUL, MINNESOTA Council File # oe . 3`'�� Green Sheet # 100410 (� 17 1770 Old Hudson Road David R. Mack for Hudson Road Holdings 18 Decision: Appeal denied. Properiy Code Enforcement Resolution, Green Sheet 100410 00 -3'b l 1 2 3 4 5 6 7 8 Yeas Nays Absent Blakey � Coleman � Harris � j Benanav � Reiter � Boshom � Lantry � b 9 Adopted by Council: Date Q�_,. �� � a c'S-�fl 10 11 Adoption Certified by Council ecre 12 By: ��_ d . 13 Approved by Mayor: ate 7TJllfl � 1� � 14 By: / Requested by Deparlment of: � Fonm Approved by City Attomey G�J Approved by Mayor for Submission to Council � 2 9 0 .531 GREEN SHEET 266-8560 ��� Rwi,.w onoeR TOTAL # OF SIGNANRE PAGES r--'--�- ` "� !, i N o u .. -: � � ❑ �,�.� ❑ �� _ ❑..�.�.��� ❑..�.�.�� ❑wva�faewtaqrq ❑ (CUP ALL LOCA'iIONS fOR SIGI�fAATURE) Approving the Apri14, 2000, decisions of the Legislative Hearing Officer on Property Code Enforcement Appeals for the following addresses: 240 Sycamore Street West, 622 and 632 Snelling Avenue South, 1425 Crcand Avenue, 249 Fourth Street East (aka 253 Fourth Street East), and 1770 Old Audson Road. PLANNfNG CAMMISSION CIB COMMIT�EE CML SERVICE CAMMISSiON �_1�9::•Pd.] rms ws �rm e�er�onaea u�ae. a�aaa r« ms a�'+ tfES ND Flas mis PneoMrm aw been a uty empbyes9 YES PID Daestlic pe�edVfirm Weaeas e Nall nd � bY �Y dlfleM aly empbyee7 YES ND ro mis pere«uhrm a txgeeea ve.aoR YES NO olan aB vas a�e's m aemrale aMet antl aCeeh to armn sMet ��i� ��+���i� L.'u^�ii?� ���� �� - CO5T/REVENUE BUD6ETm (CIRCLE ONq YEE NO SOURCE � ACTM7YNWBER c�v= 33 � NOTES OF THE PROPERTY CODE ENFORCEMENT MEETING Tuesday, April 4, 2000 Room 330 Courthouse Gerry Strathman, Legisiative Hearing Officer STAFF PRESENT: Mazk Kaisersatt, License, Inspections, Bnvironmental Protection; Mike Urmann, Fire Prevenflon 240 Sycamore Street West Gerry Strathman stated this matter has been laid over to May 2, 2000. Apneal of Summary Abatement Order for 240 Sycamore Street West. Gerty Strathman stated this matter has been laid over to May 2, 2000. 622 and 632 SneilingAvenue South Ira Kipp, one of the owners of Sneliing III, L.L.P., appeared to appeai the order to instail new fire doors on a11 the apariment units. He has owned the property for approximately seven months. The doors would be a big expense. The building is in good condition. Mike Urmann reported he would have no problem with an appeal; however, there aze seven issues outstanding besides the fire doors. Mr. Kipp responded the other items aze taken caze of. Gerry Strathman granted a variance on the nonconforming doors on the following condifions: 1) if any of the nonconforming doors need to be replaced, they will be replaced with conforming fire rated doars, 2) the other outstanding issues will be resolved. 1425 Grand Avenue Gerry Strathman stated the owner David McDonald was unable to appear today. Mike Urmann reported he has no objections to an appeal. He spoke to the owner this morning. Gerry Sttathman granted a variance on the nonconforming doors on the following conditions: 1} if any of the nonconfornung doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance. 249 Fourth Street East, aka 253 Fourth Street East Jim Miller, property manager, appeared and stated this properry is a five story building with a full basement, 12,000 square feet on each floor, 60,000 square feet plus the basement. It is an older building in Lowertown. It has not been renovated. Most of the building consists of artist studio space and storage. It is their intenfion to comply with all the items on the inspection report, but they are appealing two: Item 8- install an approved fire sprinkler system throughout basement, �0-33 \ PROPERTY CODE ENFORCEMENT NOTES OF 4-4-2000 Page 2 Item 18 - instali a Class III standpipe system as required. They have received a bid on the standpipe, and it would cost at least $42,000. They have also received a bid on the sprinkler system which would cost over $37,000. The owner is evaluating plans to renovate the building. At that time, standpipes wouid be installed and the entire building sprinkled. The building is leased at nouiinal amounts to artists. It would be a financial hardship to make this improvement and continue the building in its present use. The lower level was used as storage for many yeazs and a tenant Books for Africa just moved down there, and they aze not charged any rent. Mr. Miller asked is the sprinkler requirement as a result of that tenant in the basement. Mike Urmann reported the sprinkling of the basement in some sense does deal with the tenant and the useable space in the basement. Basements in excess of 2,500 square feet aze required to be sprinkled from a firefighting standpoint and a life safety standpoint. He does not have the exact square footage of this basement, but the inspector said it is split in half, and each side was in excess of 2,400 square feet; therefore, it is about 4,800 square feet in total. Mr. Strathman asked why the standpipes are an issue now. They become an issue from a firefighting standpoint, responded Mr. Urmann. They are required on three or more stories in height in any building, regazdless of square footage. This building is seven stories and should have had one instalied earlier. Mr. Urmann in unsure why it had not been cited previously. Regarding Books for Africa, stated Mr. Miller, the tenant uses the space for storage, they collect text books that are donated, and then they aze shipped in bulk to Africa. The people that run Books for Africa do not office in that space. Also, the building is five stories tali, not seven stories as Mr. Urmann said previously. Each floor is about 12,000 squaze feet, and the basement is 12,000 square feet total. Books for Africa only occupies a portion of the basement. Mr. Strathman asked when the rehab would be undertaken. When the market conditions permit and the rents can be obtained to cover the costs of the building, responded Mr. Miller. Mr. Strathman asked does the fire department consider this a serious and urgent matter. Mr. Urmann responded it is a serious manner, but it has been past practice to give over a year to take care of these problems due to the cost and the time it takes to get it completed. Mr. Miller stated he could not put a standpipe in the building and then subsequenfly renovate it. Therefore, this puts the owner in a situation where they may be forced to make major changes, such as converting to office and increasing the rent dramatically. In that case, most of the tenants could not afford to remain. Mr. Strathman responded that is regrettable; however, once the City becomes cognizant of a situation that is not in compliance with the code, then the City could be responsible for certain negligence issues. Mr. Miller asked if the tenant in the basement is evicted, would the sprivkler requirement remain. Mr. Urmann responded the requirement would remain as long as there would be storage there. As for vacating the property, that is an enforcement problem. There were cases in the past where c�c5=��\ PROPERTY CODE ENFORCEMENT NOTES OF 4-4-2000 Page 3 they have allowed vacating the basement, and a month later it is full. The fire marshal is able to grant those types of variances. Mr. Miller asked if the basement was partitioned so that no azea was more than 2,500 square feet, would that obviate the need for the sprinklers. Mr. Urmann responded partitioning the basement comes into other situations such as e�ting. Mr. Strathman denied the appeal, but granted an ea�tension to Aprii 12, 2001, to bring the building into compliance. The findings of the fire department aze conect and the requirement is in conformance with the code. 1770 Old Hudson Road Jeff Findorff for Hudson Road Holdings, LLC, appeared and gave Gerry Strathman a letter dated Apri14, 2000, which eaplained the situation regarding the properry. Part of the reason the letter was prepared, explained Mr. FindorfF, is because he has only been with the company since January and is unaware of its past history. Mazk Kaisersatt reported that he responded to a complaint regarding a loud broadcast on the intercom at the gas puxnps at the Gas N Splash, 1770 Old Hudson Road. There is an ordinance 284.01 which restricts the broadcast onto the public street for the purposes of advertising or attracting the attention of the public. The intercom is quite loud. Mr. Kaisersatt recorded the message which is partially inshuctional and partially advertising. It runs on a 30 second loop: 30 seconds on, 30 seconds off. On March 23, orders were sent to discontinue the broadcast. Mr. Strathman read the ordinance and stated it seems both conditions have to exist: sound has to be cast out into the public street, and it has to be for the purposes of advertising or attracting attention It seems to be casting sound into the public access azea, but he is not sure if it is operating for advertising or attenrion. Mr. Kaisersatt responded price compazisons are made to competitors, advertising for the caz wash, and there is an instructional component on how to use the pumps. Mr. Strathxnan requested to hear the audio tape. (Mr. Kaisersatt played a tape of the message.) The tape was very help, stated Mr. Strathman. This is definitely advertising: there are price comparisons and promotion of other services. Assuming the appeal is denied, he asked is there an alternative plan. Mr. Findorff responded they could take the advertising off the tape and make a jingle so it is not monotonous. Mr. Strathman stated if the advertising is taken off, other ordinances may be brought to bear if there continues to be complaints, such as public nuisance and noise. C70-�3 \ PROPERTY CODE ENFORCEMENT NOTES OF 4-4-2000 Page 4 Mr. Findorff agreed that it is too loud. If there was littie tr�c, it could be heard at another house. However, with the tape not being on, a lot more people ask questions about how to operate the system. Mr. Strathman responded maybe there is a compromise. Mr. Kaisersatt stated he got readings of 80 decibels at the pump and the low 70's at the property line. Conversation is 55 decibels and every 10 decibels is a doubling of the sound. This recording is almost screamiug at customers when they aze at the pumps. The volume can be lowered considerably. Gerry Strathman denied the appeal; however, he encouraged Mr. Findorff to work with the inspector to see if they can come up with something that meets the needs of the neighborhood and allows Gas N Splash to continue to do business. If they reach an agreement, the inspector can withdraw the orders. If the issue is not resolved, there may be enforcement action. The meeting was adjourned at 2:02 p.m. rE'7i1