00-456coun�a F�e # oa - 4 5r�
NT P
o����NAL
Green Sheet # 100411
�
Presented
Referred To
�
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 Oft'icer on Properry Code Enforcement Appeals for the following address:
3 Property Appealed
Ap elp lant
4 249 Fourth Street East. aka 253 Fourth Street East Jim Miller for A.R. Sundberg, Jr.
5 Decision: Appeal derued, but extension granted to Apri112, 2001, to bring the buitding into compliance.
6
7
8
9
10
�i
2
Yeas Nays Absent
Blakey �
Coleman �
Harris �
Benanav �
Reiter ✓
Bostrom �
Lantry /
O C9
Adopted by Council: Date .�4
1
Adoprion Ce 'fied byc ouncil ure�
By: � � ...a-_ �` —
Approved by Mayor: Date �(!�[ � f% �Fii/
By:
Requested by Department of.
�
Form Approved by City Attorney
�
Approved by Mayor for Submission to Council
�
oo-ys6
City Council Offices
4-14-00
GREEN SHEET
No i��':.z1
Gerry Strathman, 266-8560
10, 2000
TOTAL S OF SIGNATURE PAGES
�•_=:�,c_;r•�.,��
;:c:�_�= �
❑ rnrwnowar ❑ arratwc _
❑ wwew.m�e�ow. ❑ wuu'�,ua.v,¢cro
❑r�wie�aewsmnwn ❑
(CLJP ALL LOCATIONS FOR SIGNATUR�
Approving the April 4, 2000, decision of the Legislative Hearing Officer on Property Code
Enfoxcement Appeals Yor 249 Fourth Street East, aka 253 Fourth Street East.
PUWNING CAMMISSION
CIB COMMITTEE
CML SERVICE COMMISSION
IF
Has tliie pe(soMum evuwwked ader a cankact farihie tl�artmenl?
YES NO
Fies tlYS DersqVlirm aver 6een a dty empbytt9
YES NO
Dces tltic p�sONfmm P� a sk'9 not � bY �Y wrteM oRy empbyce?
YES NO
�aMis pe�eoNfirm ate�petetivendorl
YES NO
G �4kF'f�,+i �+�"'s,G''ir';S �w:�?vi
� :�� � � ��E��
s��v x, �, �
AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED (CIRCLE al� YES NO
IRai i� �� �7'�„'rT3�
NOTES OF TI� PROPERTY CODE ENFORCEMENT MEETTNG ��_��'
Tuesday, Apri14, 2000
Room 330 Courthouse
Gerry Strathman, Legislazive Hearing Officer
STAFF PRESENT: Mazk Kaisersatt, License, Inspections, Environmental Protection; Mike
Urmann, Fire Prevention
240 Svcamore Street West
Gerry Strathman stated ttus matter has been laid over to May 2, 2000.
Apneal of Summarv Abatement Order for 240 Sycamore Street West
Gerry Strathman stated this matter has been laid over to May 2, 2000.
622 and 632 Sneiling Avenue South
Ira Kipp, one of the owners of Snelling III, L.L.P., appeazed to appeal the arder to install new fire
doors on all the aparnnent units. He has owned the properiy for appro�mately 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 are seven
issues outstanding besides the fire doors. Mr. Kipp responded the other items are taken care of.
Gerry Stratlunan granted a variance on the nonconforming doors on the following conditions: 1)
if any of the nonconfornung doors need to be repiaced, they wi11 be replaced with conforming
fire rated doors, 2) the other outstanding issues will be resolved.
1425 Grand Avenue
Gerry Strathman stated the owner David McDonald was unable to appeaz today.
Mike Urmann reported he has no objections to an appeal. He spoke to the owner this morning.
Gerry Strathman granted a variance on the nonconfornung doors on the foliowing conditions: 1)
if any of the nonconforming 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 Eas� aka 253 Fourth Street East
Tim Miller, properry manager, appeared and stated this property is a five story building with a fuil
basement, 12,000 square feet on each floor, 60,000 squaze 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 intention to comply with all the items on the inspection report, but .
they aze appealing two: Item 8- install an approved fire sprinkler system throughout basement,
Oo -�lS`
PROPERTY CODE ENFORCEMENT NOTES OF 4-4-2000 Page 2
Item 18 - install a Class III standpipe system as required. T1iey 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 would be installed and the entire building sprinkled.
The building is leased at nominal amounts to artists. It would be a financial hazdship to make
this improvement and continue the buildin� 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
chazged any rent. Mr. Miller asked is the sprinkier 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 squaze feet; therefore, it is about 4,800 squaze 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 aze 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 installed eazlier. 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 aze 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 tail, 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 wouid be undertaken. When the mazket conditions pernut
and the rents can be obtained to cover the costs of the building, responded Mr. Miller.
Mr. Strathman asked does the fue 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 tune it takes to get it completed.
NIr. Milier stated he could not put a standpipe in the buiiding and then subsequently 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 sprinkler requirement remain.
Mr. Urmann responded the requirement would remain as long as there would be storage there.
As for vacating the properry, that is an enforcement problem. There were cases in the past where
Do -�5.-
PROPERTY CODE ENFORCEMENT NOTES OF 4-4-2000 Page 3
they have allowed vacating the basement, and a month later it is fuli. The fire marshal is able to
�ant those types of variances.
Mr. Miller asked if the basement was partitioned so that no azea was more than 2,SQ0 square feet,
would that obviate the need for the sprinklers. Mr. Urmann responded partitioning the basement
comes into other situations such as exiting.
Mr. Strathman denied the appeal, but granted an extension to April 12, 2001, to bring the
building into compliance. The findings of the fire departruent are correct and the requirement is
in conformance with the code.
1770 Old Hudson Road
7eff Findorff for Hudson Road Holdings, LLC, appeazed and gave Gerry Strathman a letter dated
Apri14, 2000, which explained 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 unawaze of its past history.
Mark Kaisersatt reported that he responded to a complaint regazding 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 instructional and partially advertising. It runs on a 30 second loop:
30 seconds on, 30 seconds off. On Mazch 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 area, but he is not sure if it is
operating for advertising or attention. NIr. Kaisersatt responded price comparisons aze made to
competitors, advertising for the caz wash, and there is an instructional component on how to use
the pumps.
Mr. Strathman requested to heaz the audio tape.
(Mr. Kaisersatt played a tape of the message.)
The tape was very help, stated NIr. Strathxnan. This is definitely advertising: there aze price
comparisons and promorion of other services. Assuming the appeal is denied, he asked is there
an alternative pian. 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 beaz if
there continues to be complaints, such as public nuisance and noise.
00 —�!S(o
PROPERTY CODE ENFORCEMENT NOTES OF 4-4-2000 Page 4
Mr. Findorff agreed that it is too loud. If there was little h�affic, it could be heazd 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 screaming at customers when they aze at the pumps. The volume can be
lowered considezabiy_
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.
�
coun�a F�e # oa - 4 5r�
NT P
o����NAL
Green Sheet # 100411
�
Presented
Referred To
�
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 Oft'icer on Properry Code Enforcement Appeals for the following address:
3 Property Appealed
Ap elp lant
4 249 Fourth Street East. aka 253 Fourth Street East Jim Miller for A.R. Sundberg, Jr.
5 Decision: Appeal derued, but extension granted to Apri112, 2001, to bring the buitding into compliance.
6
7
8
9
10
�i
2
Yeas Nays Absent
Blakey �
Coleman �
Harris �
Benanav �
Reiter ✓
Bostrom �
Lantry /
O C9
Adopted by Council: Date .�4
1
Adoprion Ce 'fied byc ouncil ure�
By: � � ...a-_ �` —
Approved by Mayor: Date �(!�[ � f% �Fii/
By:
Requested by Department of.
�
Form Approved by City Attorney
�
Approved by Mayor for Submission to Council
�
oo-ys6
City Council Offices
4-14-00
GREEN SHEET
No i��':.z1
Gerry Strathman, 266-8560
10, 2000
TOTAL S OF SIGNATURE PAGES
�•_=:�,c_;r•�.,��
;:c:�_�= �
❑ rnrwnowar ❑ arratwc _
❑ wwew.m�e�ow. ❑ wuu'�,ua.v,¢cro
❑r�wie�aewsmnwn ❑
(CLJP ALL LOCATIONS FOR SIGNATUR�
Approving the April 4, 2000, decision of the Legislative Hearing Officer on Property Code
Enfoxcement Appeals Yor 249 Fourth Street East, aka 253 Fourth Street East.
PUWNING CAMMISSION
CIB COMMITTEE
CML SERVICE COMMISSION
IF
Has tliie pe(soMum evuwwked ader a cankact farihie tl�artmenl?
YES NO
Fies tlYS DersqVlirm aver 6een a dty empbytt9
YES NO
Dces tltic p�sONfmm P� a sk'9 not � bY �Y wrteM oRy empbyce?
YES NO
�aMis pe�eoNfirm ate�petetivendorl
YES NO
G �4kF'f�,+i �+�"'s,G''ir';S �w:�?vi
� :�� � � ��E��
s��v x, �, �
AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED (CIRCLE al� YES NO
IRai i� �� �7'�„'rT3�
NOTES OF TI� PROPERTY CODE ENFORCEMENT MEETTNG ��_��'
Tuesday, Apri14, 2000
Room 330 Courthouse
Gerry Strathman, Legislazive Hearing Officer
STAFF PRESENT: Mazk Kaisersatt, License, Inspections, Environmental Protection; Mike
Urmann, Fire Prevention
240 Svcamore Street West
Gerry Strathman stated ttus matter has been laid over to May 2, 2000.
Apneal of Summarv Abatement Order for 240 Sycamore Street West
Gerry Strathman stated this matter has been laid over to May 2, 2000.
622 and 632 Sneiling Avenue South
Ira Kipp, one of the owners of Snelling III, L.L.P., appeazed to appeal the arder to install new fire
doors on all the aparnnent units. He has owned the properiy for appro�mately 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 are seven
issues outstanding besides the fire doors. Mr. Kipp responded the other items are taken care of.
Gerry Stratlunan granted a variance on the nonconforming doors on the following conditions: 1)
if any of the nonconfornung doors need to be repiaced, they wi11 be replaced with conforming
fire rated doors, 2) the other outstanding issues will be resolved.
1425 Grand Avenue
Gerry Strathman stated the owner David McDonald was unable to appeaz today.
Mike Urmann reported he has no objections to an appeal. He spoke to the owner this morning.
Gerry Strathman granted a variance on the nonconfornung doors on the foliowing conditions: 1)
if any of the nonconforming 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 Eas� aka 253 Fourth Street East
Tim Miller, properry manager, appeared and stated this property is a five story building with a fuil
basement, 12,000 square feet on each floor, 60,000 squaze 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 intention to comply with all the items on the inspection report, but .
they aze appealing two: Item 8- install an approved fire sprinkler system throughout basement,
Oo -�lS`
PROPERTY CODE ENFORCEMENT NOTES OF 4-4-2000 Page 2
Item 18 - install a Class III standpipe system as required. T1iey 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 would be installed and the entire building sprinkled.
The building is leased at nominal amounts to artists. It would be a financial hazdship to make
this improvement and continue the buildin� 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
chazged any rent. Mr. Miller asked is the sprinkier 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 squaze feet; therefore, it is about 4,800 squaze 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 aze 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 installed eazlier. 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 aze 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 tail, 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 wouid be undertaken. When the mazket conditions pernut
and the rents can be obtained to cover the costs of the building, responded Mr. Miller.
Mr. Strathman asked does the fue 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 tune it takes to get it completed.
NIr. Milier stated he could not put a standpipe in the buiiding and then subsequently 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 sprinkler requirement remain.
Mr. Urmann responded the requirement would remain as long as there would be storage there.
As for vacating the properry, that is an enforcement problem. There were cases in the past where
Do -�5.-
PROPERTY CODE ENFORCEMENT NOTES OF 4-4-2000 Page 3
they have allowed vacating the basement, and a month later it is fuli. The fire marshal is able to
�ant those types of variances.
Mr. Miller asked if the basement was partitioned so that no azea was more than 2,SQ0 square feet,
would that obviate the need for the sprinklers. Mr. Urmann responded partitioning the basement
comes into other situations such as exiting.
Mr. Strathman denied the appeal, but granted an extension to April 12, 2001, to bring the
building into compliance. The findings of the fire departruent are correct and the requirement is
in conformance with the code.
1770 Old Hudson Road
7eff Findorff for Hudson Road Holdings, LLC, appeazed and gave Gerry Strathman a letter dated
Apri14, 2000, which explained 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 unawaze of its past history.
Mark Kaisersatt reported that he responded to a complaint regazding 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 instructional and partially advertising. It runs on a 30 second loop:
30 seconds on, 30 seconds off. On Mazch 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 area, but he is not sure if it is
operating for advertising or attention. NIr. Kaisersatt responded price comparisons aze made to
competitors, advertising for the caz wash, and there is an instructional component on how to use
the pumps.
Mr. Strathman requested to heaz the audio tape.
(Mr. Kaisersatt played a tape of the message.)
The tape was very help, stated NIr. Strathxnan. This is definitely advertising: there aze price
comparisons and promorion of other services. Assuming the appeal is denied, he asked is there
an alternative pian. 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 beaz if
there continues to be complaints, such as public nuisance and noise.
00 —�!S(o
PROPERTY CODE ENFORCEMENT NOTES OF 4-4-2000 Page 4
Mr. Findorff agreed that it is too loud. If there was little h�affic, it could be heazd 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 screaming at customers when they aze at the pumps. The volume can be
lowered considezabiy_
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.
�
coun�a F�e # oa - 4 5r�
NT P
o����NAL
Green Sheet # 100411
�
Presented
Referred To
�
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 Oft'icer on Properry Code Enforcement Appeals for the following address:
3 Property Appealed
Ap elp lant
4 249 Fourth Street East. aka 253 Fourth Street East Jim Miller for A.R. Sundberg, Jr.
5 Decision: Appeal derued, but extension granted to Apri112, 2001, to bring the buitding into compliance.
6
7
8
9
10
�i
2
Yeas Nays Absent
Blakey �
Coleman �
Harris �
Benanav �
Reiter ✓
Bostrom �
Lantry /
O C9
Adopted by Council: Date .�4
1
Adoprion Ce 'fied byc ouncil ure�
By: � � ...a-_ �` —
Approved by Mayor: Date �(!�[ � f% �Fii/
By:
Requested by Department of.
�
Form Approved by City Attorney
�
Approved by Mayor for Submission to Council
�
oo-ys6
City Council Offices
4-14-00
GREEN SHEET
No i��':.z1
Gerry Strathman, 266-8560
10, 2000
TOTAL S OF SIGNATURE PAGES
�•_=:�,c_;r•�.,��
;:c:�_�= �
❑ rnrwnowar ❑ arratwc _
❑ wwew.m�e�ow. ❑ wuu'�,ua.v,¢cro
❑r�wie�aewsmnwn ❑
(CLJP ALL LOCATIONS FOR SIGNATUR�
Approving the April 4, 2000, decision of the Legislative Hearing Officer on Property Code
Enfoxcement Appeals Yor 249 Fourth Street East, aka 253 Fourth Street East.
PUWNING CAMMISSION
CIB COMMITTEE
CML SERVICE COMMISSION
IF
Has tliie pe(soMum evuwwked ader a cankact farihie tl�artmenl?
YES NO
Fies tlYS DersqVlirm aver 6een a dty empbytt9
YES NO
Dces tltic p�sONfmm P� a sk'9 not � bY �Y wrteM oRy empbyce?
YES NO
�aMis pe�eoNfirm ate�petetivendorl
YES NO
G �4kF'f�,+i �+�"'s,G''ir';S �w:�?vi
� :�� � � ��E��
s��v x, �, �
AMOUNT OF TRANSACTION S COST/REVENUE BUDGETED (CIRCLE al� YES NO
IRai i� �� �7'�„'rT3�
NOTES OF TI� PROPERTY CODE ENFORCEMENT MEETTNG ��_��'
Tuesday, Apri14, 2000
Room 330 Courthouse
Gerry Strathman, Legislazive Hearing Officer
STAFF PRESENT: Mazk Kaisersatt, License, Inspections, Environmental Protection; Mike
Urmann, Fire Prevention
240 Svcamore Street West
Gerry Strathman stated ttus matter has been laid over to May 2, 2000.
Apneal of Summarv Abatement Order for 240 Sycamore Street West
Gerry Strathman stated this matter has been laid over to May 2, 2000.
622 and 632 Sneiling Avenue South
Ira Kipp, one of the owners of Snelling III, L.L.P., appeazed to appeal the arder to install new fire
doors on all the aparnnent units. He has owned the properiy for appro�mately 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 are seven
issues outstanding besides the fire doors. Mr. Kipp responded the other items are taken care of.
Gerry Stratlunan granted a variance on the nonconforming doors on the following conditions: 1)
if any of the nonconfornung doors need to be repiaced, they wi11 be replaced with conforming
fire rated doors, 2) the other outstanding issues will be resolved.
1425 Grand Avenue
Gerry Strathman stated the owner David McDonald was unable to appeaz today.
Mike Urmann reported he has no objections to an appeal. He spoke to the owner this morning.
Gerry Strathman granted a variance on the nonconfornung doors on the foliowing conditions: 1)
if any of the nonconforming 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 Eas� aka 253 Fourth Street East
Tim Miller, properry manager, appeared and stated this property is a five story building with a fuil
basement, 12,000 square feet on each floor, 60,000 squaze 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 intention to comply with all the items on the inspection report, but .
they aze appealing two: Item 8- install an approved fire sprinkler system throughout basement,
Oo -�lS`
PROPERTY CODE ENFORCEMENT NOTES OF 4-4-2000 Page 2
Item 18 - install a Class III standpipe system as required. T1iey 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 would be installed and the entire building sprinkled.
The building is leased at nominal amounts to artists. It would be a financial hazdship to make
this improvement and continue the buildin� 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
chazged any rent. Mr. Miller asked is the sprinkier 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 squaze feet; therefore, it is about 4,800 squaze 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 aze 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 installed eazlier. 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 aze 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 tail, 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 wouid be undertaken. When the mazket conditions pernut
and the rents can be obtained to cover the costs of the building, responded Mr. Miller.
Mr. Strathman asked does the fue 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 tune it takes to get it completed.
NIr. Milier stated he could not put a standpipe in the buiiding and then subsequently 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 sprinkler requirement remain.
Mr. Urmann responded the requirement would remain as long as there would be storage there.
As for vacating the properry, that is an enforcement problem. There were cases in the past where
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PROPERTY CODE ENFORCEMENT NOTES OF 4-4-2000 Page 3
they have allowed vacating the basement, and a month later it is fuli. The fire marshal is able to
�ant those types of variances.
Mr. Miller asked if the basement was partitioned so that no azea was more than 2,SQ0 square feet,
would that obviate the need for the sprinklers. Mr. Urmann responded partitioning the basement
comes into other situations such as exiting.
Mr. Strathman denied the appeal, but granted an extension to April 12, 2001, to bring the
building into compliance. The findings of the fire departruent are correct and the requirement is
in conformance with the code.
1770 Old Hudson Road
7eff Findorff for Hudson Road Holdings, LLC, appeazed and gave Gerry Strathman a letter dated
Apri14, 2000, which explained 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 unawaze of its past history.
Mark Kaisersatt reported that he responded to a complaint regazding 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 instructional and partially advertising. It runs on a 30 second loop:
30 seconds on, 30 seconds off. On Mazch 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 area, but he is not sure if it is
operating for advertising or attention. NIr. Kaisersatt responded price comparisons aze made to
competitors, advertising for the caz wash, and there is an instructional component on how to use
the pumps.
Mr. Strathman requested to heaz the audio tape.
(Mr. Kaisersatt played a tape of the message.)
The tape was very help, stated NIr. Strathxnan. This is definitely advertising: there aze price
comparisons and promorion of other services. Assuming the appeal is denied, he asked is there
an alternative pian. 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 beaz if
there continues to be complaints, such as public nuisance and noise.
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PROPERTY CODE ENFORCEMENT NOTES OF 4-4-2000 Page 4
Mr. Findorff agreed that it is too loud. If there was little h�affic, it could be heazd 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 screaming at customers when they aze at the pumps. The volume can be
lowered considezabiy_
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.
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