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05-481Council File # D5 y81 Green Sheet # 3026434 RESOLUTION Presented OF SAINT PAUL, MINNESOTA �Y � � Referred To Committee Date BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the April 19, 2005, decisions of the Legislative Hearing Officer on Appeals of Letters, Correction Norices, and Correction Orders for the following addresses: Pro en rtv Appealed Aronellant 629 Aldine Street Terry Cheney for Cheney's Pizza Decision: Lay over to the Apri126, 2005, Legislative Hearing. 1100 Hancock Street Michael Gibson for People Incorporated Decision: Appeal granted to allow the units to be occupied without dead bolt locks while the building maintains its current use and current management. If the current use or management changes, the property will have to be brought into compliance as stipulated on the Inspection Report dated February 28, 2005. 1941 Nortonia Avenue Thomas Jirik, owner Decision: Extension granted to 4-29-OS to bring the property into compliance as stipulated on the Correction Notice dated March 29, 2005. 73 Leech Street Kent Ranney for Eagle's Nest Shelter (Women of Nations) Decision: Variance granted to allow the units to be occupied without dead bolt locks while the building maintains its current use as an emergency shelter and under current management. If the current use or management changes, the property will have to be brought into compliance as stipulated on the Inspecfion Report dated March 29, 2005. 1461 St. Clair Avenue Robert L. Johnson, Jr., owner Decision: Appeal denied on Conection Notice dated Mazch 30, 2005. �,-��1 Yeas Nays Absent Benanav ✓ Bosh ✓ Harris ✓ Helgen � Lantry a/ Montgomery ✓ Thune ✓ �p d � Adopted by Council: Date J�rP \ E 2CX�S Adoption Certifie by ouncil Secretary By: �f%Gir ir�i�t�J2 Requested by Depaztment of: I� Form Approved by City Attorney Approved by Mayor for Submission to Council I� Approved b a, r: Date: ` BY� �i'r/�/�� � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � t.c _vSCI Deparlme�rt/officelcouncil: Date Initiated: V'� � v � co ��� ��-�Y-� � Green Sheet NO: 3026434 Contad Person & Phone- Dewrtment SeM To Person InitiaUDate Marcia Mcertnontl � 0 ooncil 266-8560 p�jyn 1 ooncil De ar�ent Director Must Be on Councii Agenda by (Date): Number Z � Cierk For Routing 3 Order 4 5 Total # of Signature Pages _(Clip Ail Locations for Signature) Action Requested: Approving the decisions of the Legslauve Hearing Officer on Appeals for Letters, Correction Norices, and Correction Notices for the following addresses: 629 Aldine Sfreet, 1100 Hancock Street, 1461 St. Clair Avenue, 1941 Nortonia Avenue, and 73 Leech Street. Recommendations: Approve (A) or Reject (R): Personal Service Cont2cts Must Answer the Following Questions: Planning Commission t. Has this persoNfirm ever worked under a contract for this department? CIB Committee Yes No � Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No . 3. Does ihis person/firm possess a skill not normally possessed by any � , , wvent city employee? � Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): , Advantages If Approved: , , DisadvantapeslfApproved: Disadvantaqes If Not Approved: � Total Amount of CosURevenue Budgeted: Transaction: Pundinp Source: ActiviN Number: Financial Information: (Explain) a5���� NOTES OF TI� LEGISLATIVE HEARING APPEAL OF DEFICIENCY LETTERS, CORRECTTON ORDERS, CORRECTION NOTICES Tuesday, April 19, 2005 Room 330 City Hall, 15 West Kellogg Boulevard Mazcia Moermond, Legislative Hearing Officer The hearing was called to order at 130 p.m. STAFF PRESENT: David Weisberg, License, Inspections, Environmental Protection (LIEP) Appeal of Deficiency List at 629 Aldine Street; appellant: Terry Cheney for Cheney's Pizca. (Division of Fire Prevention) (Laid over from 2-15-OS) Ms. Moermond recommends laying over to the Apri126 Legislative Hearing, as the owner said he was still looking into getting estimates. Appeal of Inspection Report at 1100 Hancock Street; appellant: Michael Gibson for People Incorporated. (LIEP) Michael Gibson, owner, appeared. Marcia Moermond stated they received a notice from the City that this property is otherwise code compliant. David Weisberg reported that this was a routine inspection. The findings are straightforward. It is required that all rooming units have dead bolt locks and these did not. Mr. Gibson explained that this requirement could provide a safety hazazd for their residents. This is an intensive treatment facility. A dead bolt would increase the risk rather than decrease. The residents would be able to manipulate the bolt, and sometimes it is necessary to get entry. A patient could be suicidal and holding onto the deadbolt from the inside. Ms. Moermond asked what code he is citing. Mr. Weisberg responded Legislative Code 34. In cases like this, it is a question of balancing the pros and cons. The applicant is interested in the safety of the residents. The purpose of the deadbolt is safety. The appellant has made a case. Ms. Moermond stated the Fire Depariment talked about some state regulations affecfing residential facilities, such as this. She asked if there were inconsistencies between State expectations and their own code and has LIEP looked at that. Mr. Weisberg responded no. Ms. Moermond stated she will grant a variance from this provision of the legislative code for as long as this building maintains this particular use under its current management. If there is a change in.management or a change in the use, the original code will then apply (as stipulated on the Inspection Report dated 2-28-05). o s -�,$t LEGISLATIVE HEARING NOTES OF APRIL 19, 2005 Page 2 Appeal of Correction Notice at 1941 Nortonia Avenue; owner: Thomas Jirik. (NHPn Thomas 7irik, owner, appeared. Hazold Robinson reported that on 3-10-04, house and building numbers were missing. The required ownership posting by the front entrances were missing. Windows and storms aze in a state of disrepair. The screens were ripped and there was a broken window. The Excessive Consumption (of inspection services) bill was deleted. Thomas Jirik reported that North Saint Paul does not require ownership posting. It is dangerous and unnecessary because everybody knows that they can harass and kill him if they have his name, number, and address. Mr. Robinson responded that the posting is required on the honse by legislative code. The posting requirement is far notificarion of the owner in case of emergency, boarding, fire, or police action. It needs to be posted near the entrance, on the interior hallway. It can be on the inside. Mr. Jirik responded that even the tenants can be dangerous. Ms. Moermond stated this is the legislative code requirement. Some citizens and landlords are not awaze of situations coming up. This is for Mr. Jirik to learn what is going on. Mr. Jirik asked why North Saint Paul does not do this. Perhaps they think it is too dangerous. Ms. Moermond responded it is a requirement in the City of Saint Paul for rental property. He could look into a property management company that could act as an intermediary. Mr. Jirik stated the screens aze ripped and there is a broken window. He does not want to add another screen. Mr. Robinson stated the boiler piate letter says screens and storms. The building and house numbers aze up now. The scxeen is on the north. It was on the driveway side of the house. Every window inside was open and the screen was ripped. Someone could enter. Ms. Moermond responded that maybe he would want to go to a plexiglass service. Mr. Jirik asked can he use vinyl to replace the screen. Mr. Robinson responded screens are required on openable windows. If he has a screen, it has to be intact. Mr. Jirik stated he just bought that window and could make a lock. Mr. Robinson responded he can put plexiglass in an openable window, but there should be locks on the window anyway. Mr. Jirik stated he is talking about replacing the whole mess and wonders if this work can be done from the outside. Ms. Moermond responded that he has to access his properiy. He could talk to someone from SPt1RL. Twenty-four hour norice is reasonable to get into tlus property. Ms. Moermond stated she will grant an extension to Apri129, 2005, to bring the properiy into compliance (as stipulated on the Correcrion Notice dated 3-29-OS). He should be able to get into j�-�.� � LEGISLATIVE HEARIlVG NOT'ES OF APRII,19, 2005 Page 3 this property; if he has a problem, he should see the police or sheriff to intervene. Mr. Robinson suggested the owner get a new tenant. Appeal of Inspection Report at 73 Leech Street; appellant: Kent Ranney for Eagle's Nest Shelter (Women of Nafions). (LIEP) The following appeared: Kent Ranney. Mr. Ranney stated that they aze a sma11 nonprofit shelter for women and children. At any given time, SQ% of the population is children. It may be difficult and expensive to put deadbolt locks on all these doors. It may be a safety issue for the children themselves. A woman could lock a child in the room. There is no way for anyone to get into the building without an appointment. They are in the process of upgrading the shelter. Deadbolt interior door locks aze not appropriate for this setting. Mr. Weisberg stated the purpose of the deadbolt is to provide security for the person and their possessions. There is more than one family in a unit, and people are occupying a space with families that they don't know. He realizes there is a certain expense involved, but the security of the individuals is more important. As for the situation with a child locked in, that can be anyplace. That has not been a problem as far as he is aware of. Ms. Moermond asked what a room is like. Mr. Ranney responded there are 7 units, and each is larger than a normal bedroom. It is dormitory style sleeping. They are licensed for 46 beds. As for security, there is a safe. The women are encouraged to put their valuables in the safe and not in their rooms. They aze issued a locker if they wish to keep their personal belongings. The only items they aze allowed to have are clothes and baby items. They are not allowed to have any other personal items. Ms. Moermond asked are staff inembers there 24 hours a day and 7 days a week, and Mr. Ranney responded yes. There is staff on the floor during the overnight hours who do walk-ins every hour. Typically during the day, they have a main living area. Most of the women or children will be at a day care or in the community room during the day. The rooms are primarily for sleeping. In addition, the shelter typically provides personal items for residents when they come in. Ms. Moermond asked about staffing at the low staff times. Mr. Ranney responded the low staffing tune is at night. They always have one advocate in the office and one on the sleeping floor between 11:00 p.m. to 6:00 a.m. Ms. Moermond granted a variance from the Inspection Report dated 3-29-OS regazding the dead bolt locks. This variance will last the duration of the continued ownership and use as an emergency shelter. If the current ownership changes or the building's use changes, the dead bolts will have to be installed. �S LEGISLATIVE HEARING NOTES OF APRIL 19, 2005 Page 4 Appeal of Correcrion Notice at 1461 St. Clair Avenue; owner: Robert L. Johnson, Jr. c�n (No one appeazed.) Ms. Moermond denied the appeal of the Correction Notice dated 3-30-05. The hearing was adjoumed at 2:11 p.m. rrn