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RESOLUTION
Presented
Referred To
Date
BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the May 13, 2003,
decisions of the Legislative Hearing Officer on Appeals for Letters of Deficiency, Correction Notices, and
Correction Orders on the foliowing addresses:
Pronertv Appealed
Avpellant
540 Fauview Avenue North Nell McClung for Griggs Midway Building Corp.
Decision: Extension granted to May 31, 2005, to bring the property into compliance as stipulated on the
Deficiency List dated Apri12, 2003.
1340 Seventh Street West Victor Salamone
Decision: Extension granted to June 22, 2003, to bring the property into compliance as stipulated on the
Deficiency list dated Apri123, 2003.
1044 Front Avenue (Laid over from 4-8-03) Steven R. Kufus for Como Pazk Masonic Lodge.
Decision: Appeal denied as the situation has been settled between the Fire Department and the Como Park
Masonic Lodge.
Yeas Na s Absent
Benanav �
Blakey
Bosh
Coleman
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Hanis �
Lantry v
Reiter �
Adopted by Council:
Adoption
By: _
Approved by
By:
Date $ 20d�
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OF PAUL, MINNESOTA
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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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Council File # 03 _ y �'q
Green Sheet # 3000481
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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Depar6nent/officelcouncil: Date Initiated: . -
co -�w�� 2,-�Y_o3 Green Shee# NO: 3000481
Confact Pefson 8 Phone� Deoartment SeM To Person InitiaVDate
Marcia Moermond � 0 o ncil
266-8560 p�jyn 1 onncil De rlmentDirector
Must Be on Council Agenda by (Date): Number 2 � Attorne
2&MAY-03 For
Routing 3 a or's ce Ma or/Assistant
Order 4 ouucil
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested: �
Approving the May 13, 2003, decisions of the Legislative Hearing Officer on Appeals of 540 Fairview Avenue North, 1340 Seventh
Street West, and 1044 Front Avenue.
Recommendations: Approve (A) or Reject (R): Personal Service Contracts MustAnswer the Following Questions:
Planning Commission t. Has this personffirtn ever worked under a contrad for this departmenY?
CIB Committee Yes No
Civil Service Commission 2. Has this person/firm e+rer been a city employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
curcer�t city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Ini6ating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantaqes If Approved: 4 �
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ZOq3
Disadvantaqes If Approved:
DisadvanqAes If Not Approved:
Total Amount of CostlRevenue Budgeied:
Transaction:
Fundinq Souree: Activity Number:
Financial Information:
(6cplain) ,
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20 ,
NOTES OF THE LEGISLATIVE HEARING
LETTERS OF DEFICIENCY, CORRECTION NOTICES, AND CORRECTION ORDERS
Tuesday, May 13, 2003
Room 330 City Hall, 15 Kellogg Boulevard West
Marcia Moermond, Legislative Hearing OfFcer
The hearing was called to order at 2:00 p.m.
STAFF PRESENT: Pat Fish, Fire Prevention; Phil Owens, Fire Prevention
540 Fairview Avenue North
Nell McClung, represenfing Griggs Midway Building Corporation, appeared and stated the
building is a complex of half a miliion square feet sitting on seven acres. It is a landmark in
Saint Paul. They purchased a section nine years ago, and finally gained control of the 540
building. This was a high problem address. Upon taking ownership, they dealt with the concerns
of the neighborhood, cleaned up the property, and the building is now housing predominantly
small light industrial businesses. Pat Fish and she did the inspection last year on the pzoject. Ms.
Fish came up with a number of deficiencies, and they worked together to determine the most
important pieces of that list: life safery issues, emergency lighting, fire extinguishers, and
occupancy separation. The intent was to convert it to office spaces in a higher and better use.
Two yeazs ago, the mazket went down. The improvements and renovations are market driven,
which she always shared with Ms. Pish. There was a rendering done with an azchitect company
as to where they see the project going. It is being marketed by Welsh Properties, a real estate
brokerage firm. They have had some showings and are starting to see some interest.
Ms. McClung is asking that some work orders be delayed. With the redevelopment, they are
going to take the building down to four walls. There will be all new windows, heating, air
conditioning, electrical, plumbing. It will be completely redone. There aze three items left on the
list that need to be addressed. There is a door that needs to be replaced. She has also talked with
the fire station captain, who will be on site in a few days regarding the key box which is one of
the last orders. There is an overhang that will be done this suminer.
(Ms. McClung presented photographs to Marcia Moermond.)
Marcia Moermond asked are these occupied spaces. Ms. McClung responded not completely
occupied. The third floor has 15,000 square feet of dead storage and the other 15,040 is vacant.
Most of second floor, about 7,000 square feet, is occupied by the sma11 businesses. Regazding
the basement, there is some band rehearsal space. There axe large blocks of vacant space where
they put a wa11 in the hallway and intend to rent it until the renovation is done. Ms. Fish is okay
with that.
Pat Fish stated she was out there recently. It was a lengthy Deficiency List, and now they are
down to the renovation items. She discussed this with the Fire Marshal and explained what was
done already. Ms. McClung has addressed the majority of the life safety items, the unoccupied
space, and the space that will be renovated. Getting the proper key in the key box is important.
The dock area is a concern after the hard rain in the last month. The overhang appears to be
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NOTES OF THE LEGISLATIVE HEARING OF MAY 13, 2003 Page 2
sagging, but Ms. Fish does not think that is being appealed. The areas that aze occupied aze
sprinklered. She will be okay with the sprinklering of the thizd floor being addressed during the
renovation.
Ms. McClung stated parts of the building aren't sprinklered. The large vacant area on the third
floor was not sprinklered, but it wiil be done with renovation.
Ms. Moermond asked when they would like the condition to expire. Ms. Fish responded she
would hope by the next renewal. That is considering that the economy turns azound and the
spaces are occupied. Her issue is not the economy, but the occupancy of the space.
Ms. Moermond stated Ms. Fish is willing to grant an extension unless the spaces are occupied
and used again, in which case the space in question should be fully up to code, including the
separation walls between spaces.
Ms Fish stated she has enjoyed working with Ms. Fish.
Ms. Moermond granted an extension to May 31, 2005, to bring the properry into compliance as
stipulated on the Deficiency List dated Apri12, 2003, or until the space has become occupied,
whichever comes first.
1340 Seventh Street West
Victor Salamone, owner, appeared and stated he is appealing for an extension. He is a new
business owner and just purchased the properry in the last two months. Peggy Schlichte (Fire
Prevention) did the inspection. This is extensive work for a new owner. It is a car wash. There
is a lot of detailed electrical work that needs to be done. It has been in operation since 1987 and
now he has three pages of deficiencies. Also, he was not present during the walk through; a
manager was present. Mr. Salamone agrees they are out of compliance, but to do a11 this in 30
days is difficult because it is an expense. Some of the items require permits and a licensed
electrician. Now, there is the lean time when people are washing their own cars. There also
seems to be some vacillation of the code. He asked was the inspector new or is there a source he
can go to find out if there is a violation or not.
Marcia Moermond stated it is her understanding that they do not schedule inspections for
commercial sites and they purposely go unawares so that things aze not cleaned up just for the
inspector. Phil Owens responded it is generally true that they do not schedule inspections, but it
is not done purposely. Appoinhnents are not made for commercial properties that aze open
during normal business hours. The inspectors just arrive. If there is an issue going on at the time
that would preclude a complete inspection—a business is unloading a truck, for example—the
inspectors will come back. Another example is they do not go to restaurants between 11 a.m.
and 2:00 p.m.
Mr. Owens sta#ed Inspector Schlichte has been with his department for over two years. She is a
master electrician. Most of the violations are electrical in nature. A lot of times with the
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NOTES OF THE LEGISLATIVE HEARING OF MAY 13, 2003 Page 3
accompanying person, there is a lot of discussion back and forth. Those are no vacillations in the
code. Violations are stipulated and those that aze not violations aze not called. With regazd to
previous inspections, it has been at least three years since they were there. Whether or not these
things were going on during previous inspections, he is unaware. With regazd to his being a new
property owner, Mr. Owens does not know how that is germane.
(Ms. Moermond took a recess for a few minutes to deal with a unrelated issue.)
Mr. Salamone asked what he could have done better as a new business owner. These are
violations that the previous owner should haue fixed. He asked aze there documents that he can
get to bring to the previous owner to show the property could not haue been sold, and he could
not have contracted this deal if it was not fixed. Mr. Owens responded that the City does not do
inspections for properiy transfers nor to a11ay the fears of purchasing a properly. They do
inspections for purposes of enforcing the code and for issuance of certificates of occupancy. The
owner could haue seen previous records for this properiy. There is a track record of violations,
and that is public information. The issue at the time of recess was an extension of time to
compiy. Mr. Owens is not adverse to that.
Mr. Salamone stated he would like an extension to June 22. Mr. Owens responded that is not a
problem for his office.
Ms. Moermond asked about life safety issues that should keep the current deadline. Mr. Owens
responded the electrical issues, especially in the wash. He would recommend 60 days to comply
and having it all finished. Mr. Salamone responded that is fair.
Ms. Moermond granted an extension to June 22, 2003, to bring the property into compliance as
stipulated on the Deficiency list dated April 23, 2003.
1044 Front Avenue
(Per Phil Owens, the situation has been settied between the Fire Department and the Como Park
Masonic Lodge.)
Ms. Moerxnond denied the appeal on the Deficiency List dated Mazch 13, 2003, as the issues
have been addressed.
The hearing was adjourned at 2:21 pm.
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