03-1129Council File # ���`►
Green Sheet #�Z�c
Presented
RESOLUTION � �
CITY OF SAINT PAUL, MINNESOTA
Referred To Committee Date
BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the November 25,
2003, decisions of the Legislative Hearing Officer on Appeals for Letters of Deficiency, Correction Notices, and
Conection Orders for the following addresses:
Propertv Ap ero aled
A� elp lant
1396 Seventh Street West Robert D. Jones
Decision: Compliance date changed to January 23, 2004, on the Deficiency List dated October 28, 2003.
670 Pelham Boulevard Robert Casselman
Decision: Extension granted to December 1, 2004, to correct items on the Deficiency List dated November 7,
2003.
369 Dale Street North Lucky Rosenbloom
Decision: Regazding the September 30, 2003 Deficiency List: The license requirement is deleted; the stairway
item will be required when there is a licensed business operating there; the owner will cut the cord on the
refrigerator by December 2, 2003; the cover will be provided for all outlets, switches, and junction boxes by
January 6, 2004; the fire extinguishers will be maintained when there is a licensed business operating there; 28
inch aisles will be required when there is a licensed business operating there; a grounding jumper will be
installed azound the water meter by January 6, 2004; and the exteriar walls item can be deleted.
501 Shepard Road Mary C. Smith
Decision: Laid over to the January 13, 2004, Legislative Hearing.
Green Sheet D � `�� `
�oc��z.SS
Yeas Na s Absent
Benanav �
Blakey ri
Bostrom ✓
Coleman ,�
Harris ✓
Helgen ✓
Lantry ✓
O D
Requested by Department of:
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Form Approved by City Attorney
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Approved by Mayor for Submission to Council
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` � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
u.
Departrnentloffice7council: Date Initiated:
co -���,� 16DEC-03 Green Sheet NO: 3009255
Confact Person 8 Plwne: ���eM Sent To Person InitiaUDate
Marcia Mcertnond � 0 on ril
2 � 8 �� Assign 1 ouncil D rtm utDi ector
Must Be on Councii Agenda by (pate): Number 2 • C1er
For
Routing 3
Order 4
5
Total # of Signature Pages _(Clip All Locations for Signature�
- Action Requested:
Approving the November 25, 2003, decisions of the Legislative Heariug Officer for Appeals of Letters of Deficiency, Correction
Norices, and Correction Orders for the following addresses: 1396 Seventh Street West, 670 Pelham Boulevazd, 369 Dale Street North,
and 501 Shepard Road.
Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the�Following Questions:
Pianning Commission 1. Has this person/firtn ever worked under a contract for this department?
CIB Committee Yes � No
Civil Service C9mmission 2. Has this person/firm ever been a city employee?
Yes No
3. Dces this persoNfirtn possess a skill not normally possessed by any
current city emploqee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Probiem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages !f Approved: �
DisativantageslfApproved: � ' ' � � '
DisadvanWges N Not Approved:
ToWI Amount of CosURevenue Budgetetli
Transaction:
FundinA Source: Activitv Number.
Financial Information:
(Explain)
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NOTES OF TI� LEGISLATIVE HEARING D�j
LETTERS OF DEFICIENCY, CORRECTION NOTICES,
AND CORRECTION ORDERS
Tuesday, November 25, 2003
Room 330 City Hall, 15 West Kellogg Boulevard
Marcia Moermond, Legisiative Hearing Officer
The hearing was called to order at 132 p.m.
STAFF PRESENT: Chris Cahill, Fire Prevenflon; Phillip Owens, Fire Prevention
Marcia Moermond explained the Legislative Hearings scheduled for this afternoon will appeaz on
the City Council's Consent Agenda which they will approve with one motion along with other
items. It is not discussed individually uniess the Council would like to do so. There will be no
City Council public hearing on any of these items.
501 SheQard Road
(No one appeared to represent the property.)
Marcia Moermond explained it is her understanding there was some confusion about whether
theses were code violations listed. The inspector Dave Bergman (Fire Prevention) has indicated
they were not code violations, and the question is whether to refund the filing fee of $25.
Phillip Owens responded that these are code violations. Ms. Moermond responded that she has
an e-mail from the inspector.
(Mr. Owens was shown the e-mail.)
Mr. Owens stated that the inspector that issued the correspondence had no authority to do so.
Ms. Moermond stated she will rehun to this matter at the end of the hearing.
(Note: this matter was discussed at the end of the hearing.)
369 Aale Street North
(No one appeared to represent the property.)
Ms. Moermond stated she will deny the appeal unless Lucky Rosenbloom appears later.
(Note: this matter was discussed later in the hearing.)
1396 Seventh Street West
Robert D. Jones, owner, appeared.
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NOTES OF THE LEGISLATIVE HEARING FOR NOVEMBER 25, 2003 Page 2
Phillip Owens reported the appellant wishes to appeal the items to "Provide and Maintain at least
2 feet clearance below the lowest struchu�al member or the ceiling." There is storage in the
basement. This is a firefighting issue so that they are able to get water over the storage in order to
get to what is burning. There aze no windows or openings in the basement to facilitate
firefighting operations. The MUFC Code 315.21 says that clearance shall be two feet or more
below the ceiling in nonsprinklered azeas.
Mr. Jones stated he moved into the building in 1979, and there has been shelving there since.
This is cold stonge.
Ms. Moermond asked how the shelving is constructed. Mr. Jones responded it is steel shelving.
There are no backs on any of the shelves. A person could see through them. There aze two rows.
(Mr. Jones submitted photographs.)
Mr. Jones went on to say there are drums and chassis parts in boxes. There is no fiunace nor heat
down there. There was water damage in 1986. People were roller blading on his roof. When he
moved into the building in 1979, there was nothing on the ceiling. He put the sheetrock up there
to get more light. In case of a fire, there is sheetrock to alleviate the burning of the wood
structure. The back structure is all wood and built in 1938. The front shucture has a cement
ceiling, and that was originally designed to go up two floors. One little chunk of ceiling tile will
be fixed.
Ms. Moermond asked is he appealing the ceiling. Mr. Jones responded he wants to get all of this
on the record because he has been in the building for 25 years and all of a sudden he cannot rent
it because of all these items. He has been inspected every yeaz, and he tries to keep a good place.
He had fiberglass flame retardant'curtains in front of the ePectrical panel. People thought if was a
window. He wanted it to look cosmetically good. That front building was built in 1972. They
couldn't open that roof if they wanted to. Occasionally they get water leaks; one of the tiles got
wet and was thrown out. There were two cases of files there, but they disappeared. The back
porcelain lights in the back garage have been taken care of; that was installed in 1991 and has
passed every inspecfion. He has not replaced the sheetrock in the basement, which has been like
that since 1986.
Ms. Moermond stated the deficiency letter from the fire deparhnent lists six items to be
corrected. Mr. Jones responded he has taken caze of the lights. There are twice as many fire
extinguishers as there needs to be.
Ms. Moermond asked is he appealing the other items. Mr. Jones responded he is upset about the
sheetrock. He does not understand why all of a sudden it is a big thing when other building
inspectors were not concerned about it. It is water damage. He will fix it, but it is cold down
there. He wonders what a missing piece of ceiling tile in an auto parts store has to do with
anything structural.
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NOTES OF THE LEGISLATIVE HEARING FOR NOVEMBER 25, 2003 Page 3
Ms. Moermond asked aze they talking about shelving f�ed to the wa11 or in the middle of the
room, and is there a way the shelves can be modified to meet the code such as unscrewing the top
sheif from the unit. Mr. Jones responded the fire department would be coming in with a fue hose
that can go 200 feet if a small enough nozzle is put on it. The shelves are open. There is a 12
inch shelf with a eight inch item on it. There is plenty of room. The fire department can go to
the end of the aisle and squirt down every aisle. Mr. Owens responded the shelving is screwed
into a vertical perforated shucture and can easily be modified. The owner can simply unbolt the
shelving to provide for that vertical distance. Mr. Owens is not talking about the shelving against
the wall; it is the middle area where they cannot have it.
It is upsetting to get this list when these items have been there for ten to fifteen years, said Mr.
Jones. Ms. Moermond responded this is what she heazs more frequently: something has been
the same way for years and now an inspector is calling an item. There are different people that
are inspectors. Mr. Jones responded it used to be the building department doing it. They made
recommendations Yhat he followed and they a11 made sense. Now, he has a violation where he
cannot rent the building if he does not take care of it, and he has 30 days to comply with it. Mr.
Owens responded that no one has told the owner that he cannot rent the space or that his
certificate would be reuoked or his building is not habitable or that he is to terminate a lease. Mr.
Owens has no objections to an extension of time to comply. As for the ceiling tile, that is part of
the fire barrier. There is no requirement in the basement for fire-rated separation between the
storage area and the mercantile azea. It goes back to the property maintenance code. It is there,
damaged, and needs to be repaired. It could just as well be completely removed. The ones he
sees in the photographs where there is water damage or the sheetrock has been lowered some
level to—Mr. Owens believes—facilitate additional storage is not proper. The requirement is to
maintain what is there in a work-like order.
Ms. Moermond asked what he is looking for. Mr. Jones responded he will fix it, but he is not
going to fix it right away.
Ms. Moermond staCed the state fire code was set up to provide what is workable for firefighters
in these situations. They really are looking far the two feet of clearance in these areas, and she is
going to give them that. She will recommend that he provide those two feet of clearance by
adjusting the shelving units. They do not have to be removed. She asked what is a reasonable
dme line to get that done and the ceiling repaired. Mr. Jones responded it is about a six hour job.
He has no idea how he is going to do this. Above the ceiling tile is cement. There is no venting.
That is there for looks. It is unusual they would say anything about something cosmetia Ms.
Moermond responded that a lot of situations that appeaz cosmetic are closely related to keepirig
sanitary conditions in a building, too. It seems two months is more than reasonable to comply.
The owner can call the fire department and speak to the inspector or Mr. Owens if more time is
needed. Instead of reinspecting on November 26, they can reinspect in mid-January.
Mr. Jones stated his letter has the following: "The Saint Paul Legislative Code requires that no
building can be occupied without a Certificate of Occupancy. The code also provides for the
assessment of additional reinspection fees." Ms. Moermond responded he should be fine on both
counts. These things do not effect whether he has a Certificate of Occupancy on his building
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NOTES OF THE LEGISLATIVE HEARING FOR NOVEMBER 25, 2003 Page 4
unless he lets these deficiency items go for a long period of time and he is purposely not hyiug to
fix the building.
Mr. Jones stated that when he sold his buiiding, Corporate bought it, and he does not want them
upset. Ms. Moermond responded she has seen a lot of deficiency lists, and this is not bad in the
scheme of things.
Ms. Moermond changed the compliance date to January 23, 2004, on the Deficiency List dated
October 28, 2003.
670 Pelham Boulevard
Chris Cahill reported that he found a vault in an existing building unsprinklered. Based on the
sprinkler standazd, Mr. Cahill ardered it to be sprinklered. It has been like this for some tune,
and it was only through the course of a change that it was found. It is required to be sprinklered
based on the code.
Looking at the width of the wall and the kind of door separating this vault area from the balance
of the structure, Ms. Moermond asked how many hours aze there of fire separation. Mr. Cahill
responded it is rather substanfial. The door is probably the weak link and it is probably two
hours ar better.
The following appeared: Robert Casselman, owner; Scott Erie, Midway Data; David Fisch, 168
College Avenue West, Suite 3; and Norm Wells, 623 17`� Avenue NW, New Brighton.
Robert Casselman stated the fire department did not find anything. He wrote a letter on February
5 and it took them a while to respond.
(Photographs and a layout of the room were shown to Ms. Moermond.)
Mr. Casselman stated he purchased tha building from Minnesota Diversified Industries. They
hired the handicapped and one of their main claims of fame was packaging postage stamps. They
had as much as $30 Million in stamps at one time. This vauit was built in about 1985. No one
ever required them to have it sprinklered. They can find no record of any requirements. With a
building permit, it must have been inspected. Now, they haue been rehabilitating the building for
about a year. The tenant is Scott Erie from Midway Data. There is a safe door in one of the
photographs. These aze 12 inch walls, cement floors, cement ceiling. In addiuon, the walls to
the rest of the building is another 14 inches. There aze 26 inches of fire separation there. The
tenant prefers not to have a sprinkler system in there with his computer equipment.
Ms. Moermond asked is this a space where people work everyday. Mr. Casselman responded
that Mr. Erie has another office that they aze preparing. There are things wired up to that office.
Most of the progranuning would take place in the regular office. The only thing that would
happen in this vault is maintenance on the equipment. Once they are out of that, that vault door
will be completely locked so there is no access to it. Imxnediately outside of that azea is electrical
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NOTES OF THE LEGISLATIVE HEAIiING FOR NOVEMBER 25, 2003 Page 5
switching equipment. That is all serviced and covered by the building sprinkler system. This
vault will also be monitored with heat and smoke sensors. Dave Fisch is here and he has taken
caze of fire and safety security issues on the build'mg.
Mr. Cahill stated one of the issues is the change of use of the building. Computers change the
chazacter and the fuel load as plastics are a higher fuel load and electronic devices are an
increased risk of emissions. Inspectors have these conversations where people are concerned
about their computer systems getting wet. The code provides for several means to reduce the risk
of water inadvertenUy getting on those systems. It also aliows for chemically based systems so
there could be no water in this room whatsoever.
Scott Erie stated they will not be in there except for installing equipment. The room will be
locked with the vault door for an hour or two. When it is open, it is constantly attended and there
are fire extinguishers there. If a piece of equipment started to smoke, they will take caze of it.
Unlike most data centers, this room is air tight. There is a natural fire suppression of a room
entirely built of concrete and air tight. Mr. Erie has a lot of experience running data centers. The
chance of getting a huge fire that would burn through a 24 or 26 inch concrete wail is beyond
reason. It is common sense. It just makes the situaflon worse when having water in there.
Mr. Cahill stated that he concurs: they aze not concerned with burn through as it will not go
through this wall or door. If they use the fire extinguishers, there is a high probability that the
sprinklers would not go off as they would put the fire out beforehand. It is possible with closed
doors in an air tight room, the fire may burn itself out. Someone will still need to go in there
with all the smoke that is created. The sprinkler system is a firefighter protection.
Mr. Casselman stated that Daue Bergman (Fire Department) acknowledged that he does not have
the final say on these things. He did inspect it and from his personal perspective, he did not see
why it had to be sprinklered.
Norm Wells stated he was an azchitect on this project. He has several projects where there were
computer rooms constantly occupied. In a situation like this where no one is in the room except
for periodic maintenance, there may be a four hour fire rating. The weak link is the vault door,
and it should have at least a two hour rating. In this hearing room (Room 330), which is an
assembly room, there are four concealed heads, and he wonders what kind of protection they
have. There are more life safety issues here than in a secure room. Mr. Cahill responded that he
disagrees with that chazacterizaflon of the sprinkler system. This room appeazs to be code
compliant.
Ms. Moermond asked how many hours are people occupying this space. Mr. Casselman
responded an hour a week. The room also would be completely monitored with heat and smoke
detection.
Dave Fisch reported the vault is about 30 feet by 30 feet. It has a center support beam bisecting
the ceiling in ha1£ He anficipates about six to eight smoke detectors in there, which is a lot of
smoke detectors in a small area. That system will be monitored and part of the building system
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NOTES OF THE LEGISLATIVE HEARING FOR NOVEMBER 25, 2003 Page 6
so it will trigger the entire system for the whole building should something be amiss. It is a life
safety device and no way for it to be shut down. It is going to be a fast response to any piece of
an electrical equipment developing a smoldering electrical fire. All of the equipment will be
outside of that room so it will not be damaged.
Ms. Moermond asked is there some part of that equipment that would indicate whether the room
is occupied so that firefighters would know. Mr. Erie responded that the fire alarm equipment
will not indicate if there is an individual in any specific azea. If the fire department arrived and
the door is open, the potential is that someone is there. There is no reason for someone to close
the vault door while they aze in there.
Ms. Moermond asked about the ne� Certificate of Occupancy inspection. Mr. Casselman
responded it is every year.
Mr. Cahill asked who can open the door. Mr. Casselman responded Scott Erie has the code far
the vault.
Mr. Cahill stated that they will ha�e to wait for the other gentleman even i£ there is smoke
detection, thus they are ensuring complete burnout of the room without a suppression mechanism
in there. Mr. Casselman responded he can talk to Mr. Erie; he can put the code for the safe in the
firebox.
Ms. Moermond stated her temptation is to grant a one year extension on condition that the
occupancy not exceed two hours a week. She would like to see the owner explore ways to
sprinlcler this that would work for the man who is leasing the space. They can revisit this issue in
a year. She certainly would not want to see an unsprinklered space occupied. She is not granting
a waiver from the code.
Ms. Moermond granted an extension to December 1, 2004, to bring the Deficiency list dated
November 7, 2003 into compliance.
369 Dale Street North
Marcia Moermond stated it looks like Lucky Rosenbloom is appealing the Certificate of
Occupancy inspection and the items that need to be addressed. Also attached to the appeal was a
notice from Code Enforcement that it needs to be registered as a vacant building.
Lucky Rosenbloom, owner, appeazed and stated that one of the fire inspectors came out to the
store and said it was vacant. There is nothing to indicate it is vacant. His mother is there on
weekends working the store. Recently they received a letter that the vacancy notice is being
taken off. That is what started the whole thing. He called Andy Dawkins (Code Enforcement)
and said that people see Mr. Rosenbloom's mother every weekend and there was no need for this
inspector to come by and say this is vacant, and he is not going to pay $200. Then, an inspector
came out. This is a private building. His mother and father Tiger Jack owned this building. The
corner is a historical site. The original building was moved to the history center. His mom and
NOTES OF THE LEGISLATIVE HEARING FOR NOVEMBER 25, 2003
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Page 7
dad have been at this site for 57 yeazs. No one goes in the building but fanuly. His mother is in
the hospital right now. The inspector is asking them to make so many changes in that place that
it would create a hazdship on his mom. No other fire inspector issued all these things. The
fanuly does not plan to change that store.
Ms. Moermond stated there is a difference between a private store and a private residence. For
example, a restaurant may be privately owned, but still subject to the fire codes as opposed to a
private residence which is not subject to all of the fire codes. Mr. Rosenbioom responded this is
a private building where only family goes. The family has been going into that building for
years. The inspector even noted trash in the back. There was an old sign and an old garbage bag
which had leaves in it to be picked up.
Ms. Mcermond asked for a description of the building. Mr. Rosenbloom responded everyone on
the City Council knows Tiger Jack. It is a garage with one big room where a person couid pazk a
car if they want. That is sealed off so no one breaks in. The other room has nothing but an old
refrigerator that is 30 years old. There is a seat that his mom sits in. There is chazcoal and
hickory chips. That is all that is in the building.
Ms. Moermond stated the letter indicates the inspection occurred on September 29 for renewal of
the Certificate of Occupancy. Mr. Rosenbloom responded it has had a Certificate of Occupancy
for over 57 yeazs. Fire Prevention is asking them to do things that no one else is being asked to
do. His dad is allowed to have these things before. Other inspectors passed it as is. Mr.
Rosenbloom does not see the concern right now. He does not understand the motive. Ms.
Moermond responded she does not think there was a motive. His building came up for
reinspection, an inspector went through and found these deficiencies. She sees this kind of letter
everyday. She wonders if they can come to an agreement on some items and put an extension on
other items to make things easier for the family. Mr. Rosenbloom responded they have done
what they felt could be a good compromise: they disconnected the refrigerator.
(Mr. Rosenbloom was given a copy of the Deficiency list.)
Ms. Moermond stated they wi1T go through the items on the list.
(Note: the items in bold are taken from the deficiency list.)
The posted license is expired. Contact LIEP...to renew the license. Provide a current
license if posted license is expired. - Ms. Moermond stated they are not running a business out
of there anyway, so it is moot. Mr. Rosenbloom responded that they will use the empty lot next
suimner for people to come and sell, and those people will have the licenses they need.
Repair or replace the unsafe stairway in an approved manner. - Mr. Rosenbloom stated that
fifty years ago, someone created stable steps to go into the other side of the building. No one
goes into the building except family. His mom does not even use those steps. The City should
not tell an 82 yeaz old woman to spend the money on this step. Ms. Moermond responded that
signage will help with unusual stair configurations. Mr. Owens responded it is about a two foot
drop. He has not seen the steps, but they have been described to him. The problem is the
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NOTES OF TI-� LEGISLATTVE HEARING FOR NOVEMBER 25, 2003 Page 8
rise—how tall they aze—and the run how wide they aze—is inappropriate for the two foot drop. The
owner says this is a private building and no one goes in there. If that is hue, there may be no
need for a Certificate of Occupancy; however, if there aze mercantile chips in there, he wonders
if the family is using them or selling them out of the building. Mr. Rosenbloom responded they
do not sell them out of the building. They would take it outside and sell it.
Ms. Moermond asked is there fuel buming equipment in there in addition to the chips. Mr.
Rosenbloom responded they have a heater that his dad used. It is not used anymore. All
someone has to do is check the water and light bills to see that nothing is going on in there.
Ms. Moermond stated she can see how staff is struggling with this. For example: if nothing is
going on, maybe it should be a registered vacant building. It was a commercial building and now
it is on hold. The owner could start another license building in there or they might ttot. Mr.
Rosenbloom may want to maintain the Certificate of Occupancy because they may want to open
a business there eventually. It is much easier to maintain than to reapply. She would like to pick
some items that are more life safety oriented. They couid put an extension on some items that
she is concerned about until a license business is open there again. As for the vacant building
fees, if the purpose is to be commercial and there is not something commercial going on in there,
they are getting into the zone of what the City calls a vacant space, even though people are
stopping by.
Mr. Owens stated he would concur with some of what Mr. Rosenbloom has said. The inspector
is qualified and competent. She went to the property several times, got no one at the properry,
and it is boarded up. Anyone who drives by it and is not familiaz with the historical significance
to the property, it looks like a vacant, boarded building. There is not an opening on the place that
is not boazded up. It is well kept and painted, but boarded. They sent mail to it and the post
office rehuned it twice. The inspector believed it was a vacant building. She sent a revocation
certificate based on nothing except the vacancy on it. Some lengthy time later, Mr. Rosenbloom
contacted the inspector, said it was not vacant, set up the inspection, and it was done. This list of
orders was generated. There are two choices: it is an occupied, certified building or it is a
registered, vacant building. Mr. Owens has no preference. From Mr. Rosenbloom's description,
it is much more unoccupied than certified. Mr. Owens would be willing to make it an
unoccupied structure with the understanding that it is not mercantile and people do not go in
there, to buy things. What Rosenbloom described is a mercantile occupancy: he has things in this
building that he sells. Mr. Owens understands that his mother is aged, and Mr. Owens knew his
father and knows what goes on there. But, the fact that it has gone on there for 57 years does not
make it right. The steps are wrong, the electrical is wrong. If it is going to be occupied as a
mercantile facility, these corrections have to be made.
Mr. Rosenbloom stated he will not argue law, why things have gone on, and why they have not.
They do get mail. The only entrance that is boarded up is the gazage door. The main entrance is
not boarded up. He would like to know what aze the three or four things that he can do in order
to keep the Certificate of Occupancy.
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NOTES OF THE LEGISLATIVE HEARING FOR NOVEMBER 25, 2003 Page 9
Ms. Moermond stated they can go with a registered vacant building, and the list goes into a file
and is not discussed again unril they want to reoccupy the building. The family can srill enter the
building. It is monitored by the City, and the City will call the police if someone is in the
building from 8 p.m. to 8 a.m. Or, they can go through the list now, keep the Certificate of
Occupancy alive, and put e�ctensions on some of these things, and make work plans for some
things.
Ms. Moermond stated the stairway can be extended until there is a new license business in there.
Mr. Rosenbloom concurred. Mr. Owens stated his concern is if the public is in there.
Repair and maintain the floor in an approved manner. Provide for all liquid material to be
removed from the floor. - Mr. Owens stated there was a large spillage of an unknown liquid in
the garage azea. Mr. Rosenbloom responded it is cleaned up.
Provide and maintain an orderly storage of materials. - Mr. Rosenbloom stated the inspector
was concerned about a table in front of the door. They moved it to the back.
Repair and maintain all required and supplied equipment in an operative and safe
condition. Repair or replace the electrical cord on the refrigerator. The ground prong is
missing from the cord. - Mr. Rosenbloom stated it is unplugged and it is not being used. They
plan on removing it when it gets warmer out. It is there to maintain some kind of an appearance.
He can cut the cord.
Provide electrical cover plates to all outlets, switches and junction boxes where missing.
Provide a cover on electrical junction box located on northeast wali in garage area. - Mr.
Owens stated an electrical violation is a life hazard, even with family. This is a junction box
where pieces of conduit come into it. It does not have a cover on it to protect the splices from
people touching them. Mr. Rosenbloom responded he will replace the cover.
Provide required annual maintenance of the fire extinguishers by a qualified person and
tag the fire extinguishers with the date of service. - Mr. Owens stated if this is not a public
place, he does not care about it. Ms. Moermond stated she will grant an extension on that until
there is a license business in there.
Provide and maintain a minimum of 28 inch aisles throughout empioyee-only areas. - Ms.
Moermond stated that they do not have to worry about this until it is a licensed business again.
Provide a grounding jumper around the water meter - Mr. Owens explained that any piumber
can put one on. Mr. Rosenbloom responded he will get it done in a reasonable time.
Remove the fuel burning equipment from the building. Remove gas containers from the
building. - Mr. Rosenbloom stated this is done.
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NOTES OF THE LEGISLATIVE HEARiNG FOR NOVEMBER 25, 2003 Page 10
All exterior property areas shall be maintained free from any accumulation of refuse,
garbage or feces. Remove garbage on east side of building. - Mr. Rosenbloom stated this is
done.
Discontinue use of all mulfi-plug adapters - Mr. Owens stated they have taken a two-plex
outlet, and used a multi-plug adapter to plug in multiple items. Mr. Rosenbloom responded it is
a dead issue because they no longer have those.
Provide and maintain all exterior walls free from holes and deterioration. All exterior
unprotected surfaces must be painted or protected from the elements and maintained in a
professional manner free from chipped or peeling paint. - Mr. Rosenbloom stated they
painted that building every yeaz. There aze a couple of chips here and there. There are no holes.
Mr. Owens concurred that it is well maintained on the exterior. It has been recently painted. The
paint didn't adhere well. This item could go away. Ms. Moermond stated this item should be
deleted.
Ms. Moermond summarized: the license is deleted. The stairway can wait until they have a
licensed building. The floar is done. The orderly storage is done. The cord will be cut on the
refrigerator, and she will give one week on that. The cover plates and junction boxes can be two
weeks or four weeks. That sounds like a trip to Menards. Mr. Rosenbloom responded he would
like a month because he is concerned with his mother in the hospital. Ms. Moermond stated she
will give him six weeks on that. She will wait until there is a licensed business for the fire
extinguishers. The aisle issue can wait until there is a licensed business. She will give six weeks
for the water meter issue. The fuel burning equipment is done. The exterior issue is done. The
multi-plug adapters are done. The exterior painting is deleted.
Mr. Owens stated the only things left aze cutting the cord off the refrigerator, the grounding
juxnper, and the cover plate on the garage. This is all with the understanding that the family is
not operating a mercantile business out of there. No one is in there but the family.
Ms. Moermond stated she would like Fire Prevention to get in touch with Mr. Rosenbloom in a
year to see how things are. Mr. Owens responded when the violations are conect, and the fees
aze paid, the Certificate of Occupancy is good for three yeazs. He would recommend revisiting
the issue when the Certificate of Occupancy is due.
Ms. Moermond stated this will be on the Consent Agenda, and the City Council usually does not
discuss it. If there is an issue, Mr. Rosenbloom can talk to the councilmember that represents
this azea. If he is not happy with the way this appeal has turned out, he can talk to Mr. Blakey.
Mr. Owens stated Inspector Schlichte will send him a new letter with a new date for a
reinspection.
Ms. Moermond's decision on the September 30, 2003 Deficiency list is as follows: The license
requirement is deleted; the stairway item will be required when there is a licensed business there;
the owner will cut the cord on the refrigerator by December 2, 2003; the cover will be provided
�� ��2�
NOT'ES OF "I'HE LEGISLATIVE HEARING FOR NOVEMBER 25, 2003 Page ll
for the ou$ets, switches, and junction boxes where missing by January 6, 2004; the fire
extinguishers will be maintained when there is a licensed business operating there; 28 inch aisles
will be required when there is a licensed business agais, a grounding jumper will be installed
azound the water meter by January 6, 2004; and the exterior wa11s item can be deleted.
501 Shenard Road
Phillip Owens explained that this is confusing. The way the order was issued was poorly
worded. They aze code violations. He is even more concerned that a field inspector would assert
the authority to cancel this proceeding.
Ms. Moermond explained that Mary Smith from Xcel Energy called Racquel Naylor that she has
come to an agree with David Bergman and she would like to withdraw her appeal. Ms. Naylor
wrote to Mr. Bergman to see if that is also his understand. Mr. Bergman responded "Yes I am ok
with dropping it. There was a misunderstanding between Xcel and the sprinkler company as to
whether the items appealed were indeed code violations-they are not. Thanks, Dave." It sounds
like the appellant is withdrawing the appeal. Mr. Owens responded that it seems the inspector
came to some agreement with the appellant that these are not violations; therefore, she does not
have to do anything and is withdrawing her appeal. For future reference, the only people that can
withdraw an agreement like this is the Fire Mazshal, Mike Urmann, Pat Fish, and Chris Cahill.
The field inspector does not have authority to do that. Mr. Owens is Mr. Bergman's supervisor
and had no knowledge of this. Mr. Owens suggests not rescheduling this, but he will talk to Mr.
Bergman. Perhaps there is a legitimate reason why this is going on. If it is, he will advise Ms.
Moermond. Otherwise, they can reissue the orders and it can be appealed.
Ms. Moermond sCated that Mr. Owens should not reissae a new order, but should issue revised
orders. This is a standing appeal, and it should be kept as one set of orders. Mr. Owens
responded he will speak to Mr. Bergman to find what agreement he has come to with Xcel. If
what Mr. Bergman has done makes sense, Mr. Owens will let Ms. Moermond know. If not, they
will issue revised orders.
Ms. Moermond is hesitant in making a decision. She would like to lay it over for a second
legislative hearing. Mr. Owens responded January is okay with Fire Prevention.
Ms. Moermond stated she will lay this over to January 13, 2004.
The hearing was adjourned at 3:08 p.m.
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