07-341Council Fite # � 3� I
Green Sheet # � �gt o 1
RESOLUTION
SAINT PAUL, MINNESOTA
Presented by
1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the March 6,
2 2007 decision of the Legislative Hearing Officer on Appeals of Letters, Correction Notices and Correction
3 Orders for the following address:
4
Properiy Appealed
6
7 917 Jessamine Avenue East
Appellant
Judith Bakula, on behalf of
Theresa Living Center
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10 Decision: Deny the appeal on reducing the number of occupants in sleeping rooms with less than 120
11 square feet.
Adopted by Council: Date '��/ � J�
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Adoption Certified by Council Secretary
By: �,
Appxoved b o Date
By:
Requested by Department of:
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Form Approved by City Attomey
By:
Form Approved by Mayor for Submission to Council
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� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
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�, Contact Person ffi Phone:
Marcia Moermond
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Must Be on Council Agenda by
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� Doa Type: RESOLUTION
i E-Uocument Required: Y
� DoGUment ContaCt: Vicki
� ConWM Phone: 6-8561
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Assign
Number
For
Routing
Order
Total # of Signature Pages, (Clip All Locations for Signature)
Green Sheet NO: 3038614
o couo�a i I
1 �Council � DeparmientDirector
2 ity Clerk � City Clerk
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Resolution approving the decision of the Legislative Hearing Officer on an Appeal to an Inspecrion Report for property at 917
Jessamine Avenue East.
idations: Approve (A) or R
Planning Commission
GB Committee
Civil Service Commission
1. Has this persoNfirm ever worked under a contract for this department?
Yes No
2. Has this person�rm ever been a city employee?
Yes No
3. Does this personlfirtn possess a skifl rrot normally possessed by any
current city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
lnitiating Problem, lssues, Opportunity (Who, What, When, Where, Why):
Advantages IfApproved:
Disadvantages If Approved:
Disadvantages If Not Approved:
Transaction:
Funding Source:
Financiallnformatio�:
(Explain)
CosVRevenue 8udgeted:
Activity Number.
April 11, 2007 1122 AM Page 1
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MINUTES OF THE LEGISLATIVE HEARING
LETTERS OF DEFICIENCY, CORRECTION NOTICES
AND CORRECTION ORDERS
Tuesday, March 6, 2007
Room 330 City Hall, 15 Kellogg Blvd. West
Marcia Moermond, Legislarive Hearing Officer
The hearing was called to order at 1:30 p.m.
Staff Present: David Weisberg, LIEP
Appeal of Judith Bakula, on behalf of Theresa Living Center, to a License Inspection
Report for property at 917 Jessamine Avenue East.
Judith Bakula, appellant, stated she was appealing the orders to reduce the number of occupants
in sleeping rooms due to the square footage in the rooms. Currently, their license allowed 15
people and they had 12 sleeping rooms.
Mr. Weisberg stated that this was a women's emergency shelter with 12 sleeping rooms that can
accommodate 12 adults in addition to three children. Under Chapter 34, section 17 of the City
Code, it states a room must be at least 70 square feet for one person and for more than one
person, an additiona160 square feet was required. The ordinance actually falls under state law,
Chapter 4625.0900, it states "every room occupied for sleeping purposes by one person shall
contain at least 70 square feet of usable floor space and every room occupied for sleeping
purposes by more than one person shall contain not less than 60 square feet of usable floor space
for each occupant thereof. Under no circumstances shall it be provided less than 400 cubic feet
of air space per occupant." All of the sleeping rooms comprise of 87.7 square feet which is
ample space for one occupant, however, not for two. The law does make an exception in that an
occupant is considered a person 12 months of age or older. A person with an infant would be
acceptable, however, a person with a child over one year of age would not be allowed.
Ms. Moermond questioned whether the building had a sprinkler system. Ms. Bakula stated that
it did not. Ms. Moermond asked what type of a fire protection system was in place. Ms. Bakula
stated that they had a fire alarm system and hardwired smoke detectors in every room and in the
public rooms, they had battery operated smoke detectors. They also had fire extinguishers
available throughout the building.
Ms. Moermond asked what portion of the clientele had children,
Ms. Bakula stated that they never took more than three mothers with one child over 12 months as
they were only allowed to have 15 people under their license. They also never allowed a child
over the age of 5 years as the beds that they had for children were the same size as a crib
mattress.
Ms. Moermond asked what type of locking devices were on the doors and windows. Ms. Bakula
stated that the windows were egress, crank-out type windows that could be used for emergency
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Marcka 6, 2007 Property Code Minutes
Page 2
escape. The doors could be locked from inside as well as outside and a key would be necessary
to open it from the outside.
Ms. Moexmond asked Mr. Weisberg for clarification conceming the state law. Mr. Weisberg
stated that the City had a delegation agreement with the State Deparhnent of Health whereby the
City assumes responsibility for enforcement of the law.
Ms. Moermond asked Ms. Bakula how long they had been in operation under this law. Ms.
Bakula stated that they had been in operation since 1988 and it had always operated as it
presently did now.
Ms. Moermond stated that she could not make a decision at this hearing as she was unsure
whether she had the authority to make a decision on this matter. She stated she would review the
rules and would also contact the City Attorney's Office for an opinion. She would then send Ms.
Bakula a letter with her decision. Ms. Moermond also indicated that since this matter was still
under appeal, enforcement would be stayed.
The hearing adjourned at 1:45 p.m.
Submitted by:
Vicki Sheffer
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April 11, 2007
CITY OF SAINT PAUL
OFFICE OF THE CITY COUNCIL
Judith Bakula
Theresa Living Center
917 East Jessamine Avenue
Saint Paul, MN 55106
Re: Appeal of License Inspection Report for 917 East Jessamine Avenue
On Mazch 6, 2007 I heard your appeal of license staff orders to provide occupancy in
each of your 12 sleeping rooms for only one adult and a child under 12 months of age.
Your appeal included the request that 3 of the 12 rooms be allowed to accommodate an
adult and a child under the age of five years.
It was noted in the hearing that state and local codes require there be at least 70 squaze
feet in a sleeping room per person. For each additional person sleeping in the room, an
additional 60 square feet needs to be provided. The sleeping rooms at Theresa Living
Center provide 87.7 square feet. Thus, a significant vaziance would need to be granted. I
cannot recommend that the Council grant so significant a variance in this matter.
Although you have a state-issued license that allows a Yotal of 15 people to occupy these
sleeping rooms, it appears that the state licensing process did not take into account other
state and local codes pertaining to occupancy. Pm sorry for the confusion this has
caused.
Sincerely,
/���l�
Mazcia Moerm nd
Legislative Hearing Officer
Copy: City Councilmembers
Judy Hanson, Assistant City Attorney
Michael Urmann, Supervisor of Residential Fire Inspections
Inspector David Weisberg
� Saint Paul Legislative Code Sec. 34.17. Rooming units. No person shall occupy or let to another for occupancy any
rooming unit m any residential structwe unless the roomi�g unit and residential structure comply with the following
requirements ...
... (2) Mimmum floor azea for sleeping purposes. Every room occupied for sleeping purposes by o�e Q) person shall
contain at least seventy (70) squaze feet of floor azea. Every room occupied for sleeping pu�poses by two {2) or more
persons shall contain at least sixry (60) squaze feet of floor azea for each ocwpant thereof...
CITY HALL THIItD FLOOR 15 WEST KELLOGG BOULEVARD SAINT PAUL, MINNESOTA 55102-1615
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