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07-469Council File # � — +�(� Green Sheet # 3040113 RESOLUTION SAINT PAUL, MINNESOTA Presented by � 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the May 1, 2 2007, decisions of the Legislative Hearing Officer on a Deficiency List for the following address: 3 4 Property Aopealed Aooellant 5 6 1171 Minnehaha Avenue East Anthony Ackermann, owner 7 Decision: Granting the appeal to allow fire extinguishers in each unit plus one in the front hall and one in 8 the basement. Instead of being serviced annually, these fire extinguishers will be replaced as needed. The 9 appeal is denied on the rest of the Deficiency List dated April 16, 2007. This decision is in effect only 10 during Anthony Ackermann's ownership of the property. Requested by Department of. Adoption CertiBed by Cou cil Secretary By: ,, � ` Approved by r: Datl\� By: % ��/ i� Form Approved by City Attorney B Form Approved by Mayor for Submission to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � p�-�� � co ����;� Contact Person 8 Phone: Marcia Mcertnond 266-8570 Must Be on Council Aoen Doc. Type: RESOLUTION E-Document Required: N Document Contact: Racquel Naylor Contact Phone: 266-8573 24MAY-07 � Assign Number For Routing Order ToWI q of Signature Pages _(Clip All Locations for Signature) Green Sheet NO: 3040113 0 oonN 7 ooncil De artment Director 2 " Clerk 3 4 5 Approving [he decision of the Legislative Hearing Officer on an appeal of a Deficie�cy List at 1171 Minnehaha Avenue East. Itlations: Approve (A) or Rejec[(K): personal 5ervice Contl2ct5 Must Answer the Following Questions: Planning Commission t. Has this personlfirm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a ciry employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any current 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): AdvantageslfApproved: Disadvantages If Approved: Disadvantages If Not Approved: Transaction: Funding Source: Financial Information: (Explain) Activity Number: CosURevenue Budgeted: May 24, 2007 11:34 AM Page 1 0� MINUTES OF THE LEGISLATIVE HEARING LETTERS OF DEFICIENCY, CORRECTION NOTICES, & CORRECTION ORDERS Tuesday, May 1, 2007 Room 330 City Hall, 15 Kellogg Boulevard West Marcia Moermond, Legislative Hearing Officer The hearing was called to order at 130 p.m. STAFF PRESENT: Leanna Shaaf, Division of Fire Prevention Appeal of Anthony Ackermann to a Certificate oF Occupancy with Deficiencies for property at 1171 Minnehaha Avenue East. Leanna Shaff, Fire Prevention, reported that James Thomas did the inspection. Ms. Shaaf is looking for clarity on what the owner is appealing. This was a regular Certificate of Occupancy inspection on April 16. Item 1— Repair or replace the damaged handrail in an approved manner. Anthony Ackerman, owner, appeared and stated that the Fire Department is not clear on their paperwork. (Mr. Ackerman showed pictures of the stairwell and explained them.) Ms. Shaaf asked would it be difficult to continue the handrail to the ledge. Mr. Ackerman responded no and he will extend it 18 inches to the ledge. (Item S, Unit Z— Immediately remove and discontirzued excessive an accumulation of combustible materials. Remove all cans labeled extremely flammable.) Mr. Ackerman responded that he is not appealing that. There were propane tanks being used for grills. Tenants were told that they cannot store the tanks in the house. (Item 8— Repair or replace the unsafe stairways, porch, decks or railings ivc an approved matter. This work may require permit(s)... Front and rear porch and stairwell on westside of building. Replace all wood. Remove all peeling paint and paint.) Mr. Ackerman asked why Items 1 and 8 similar. Ms. Moermond responded Item 1 is for the handrail on the rear stairwell; Item 8 is broader. Ms. Shaaf stated that is the front and rear porch. Mr. Ackerman responded he has pictures of the porches and there is nothing wrong with them. He is not sure what they are talking about. (Mr. Ackerman showed additional pictures.) Ms. Moermond stated it needs painting. LEGISLATIVE HEARING MINUTES OF MAY 1, 2007 o �-�6 q Page 2 Mr. Ackerman responded that there is nothing wrong with the wood, but he will take care of Item 8. (Item 9- Have fzre extinguisher recharged and tagged.) Ms. Shaaf explained that the code requires that fire extinguishers are serviced annually. Mr. Ackerman stated he has an extinguisher in each unit neaz the kitchen, one in the front hall, and one in the basement. He has seven units. He does not have a contract with anybody, so he replaces them. He has a receipt. (Mr. Ackerman showed Ms. Moermond the receipt.) Mr. Shaaf asked does he have 7 units. Mr. Ackerman corrected himself and said 5. Ms. Shaaf stated this is acceptable. Ms. Moermond stated that the receipt and information is acceptable on Item 9 and the appeal is granted on that item. (Mr. Ackerman showed more photographs.) (hem 10 — Repair and maintain the ceiling in an approved manner. Paint the ceiling. Patch the holes andlor cracks in the ceiling. Front and rear hallways. Mr. Ackerman stated he will patch them. (Item 6— Uncertifted portion of the building must not be occupied until inspected and approved by this office.) Mr. Ackerman stated he is in the process of remodeling Unit 3. He asked does he have to pay another inspection fee for the inspector to come out or if he is done by the time of the reinspection, would that take care of it so that he would not have to have Unit 3 inspected again. Ms. Shaaf responded that it depends on when he gets it done. She asked how much time he needs with the unit. Mr. Ackerman responded he will let her know if it is not done by May 10. Mr. Ackerman asked about the grading system for buildings. (There was some discussion about the new grading system, which is now in effect.) Ms. Moermond denied the appeal on the Deficiency List dated April 16, 2007, but granted the appeal on allowing the fire extinguishers in each unit plus one in the front hall and one in the basement and replacing them as needed instead of having them serviced annually. LEGISLATIVE HEARING MINUTES OF MAY 1, 2007 Appeal of Jennifer Baluyut and Glocia Favis to a Certificate of Occupancy with De�ciencies for property at 955 Jenks Avenue. o�-��q Page 3 The following appeared: Teresia Thomton, 955 Jenks Avenue #1; Sharon Christmas, 955 Jenks Avenue #2; Gloria Favis, 719 Laurie Court, Maplewood, owner. Leanna Shaaf reported that Inspector James Thomas inspected the property on April 6 for a Certificate of Occupancy inspection. Both the upstairs and downstairs units have more people in them than they should for the space. Mr. Thomas did a reinspection on April 16, the downstairs rear bedroom and unit are not being used for sleeping purposes anymore. The upstairs unit is not being used for sleeping purposes anymore. The downstairs unit was roughly 400 square feet and has four people in it. The code requires 450 square feet for those four people. It is required to reduce the number down to 3. The upstairs unit had six people living in the unit with 610 square feet, which is enough for five people. The code is specific about the amount of people for life safety. Ms. Moermond asked were there concerns about egress windows after reconfiguring the sleeping space. Ms. Shaaf responded that the rear bedroom downstairs measwed at 54 square feet. The bed has been removed. Upstairs, the bed has been removed. It is a total space issue. Ms. Moermond stated that she would like to have the overall space checked for egress if different spaces are being used for sleeping. This means, she will not come up with a final decision today. Also, this is a condemnation issue and it should be placed on the City Council agenda for public hearing. This means that the decision making will be done at this hearing and her decision will hold until the City Council hears it. Mr. Thornton said the rear bedroom was condemned and it could not be used any fi�rther. Ms. Favis stated she bought the property as three bedroom and four bedroom units. She complained to the mortgage company. There is an egress window on the first floor. Ms. Shaaf responded that the sleeping area needs an egress window. Ms. Favis stated this is a house built in the 1800's. Ms. Moermond stated that everything is grandfathered in except for public safety codes. The owner must comply with those codes. Windows and sleeping rooms have to be the right size. Ms. Favis stated that there is an egress window in that room. Ms. Shaaf responded that the inspector says it is blocked by a stairwell. That is not considered egress, responded Ms. Moermond. Ms. Thornton stated the other bedroom is not big enough for two occupants. Ms. Moermond asked about the configuration of the place. She will talk about the downstairs unit first. (Ms. Thornton explained the layout of her unit and drew a picture.) She added that she will be leaving by May 20. There is no way she can fit five people in there. Her daughter is in the LEGISLATIVE HEARING MINUTES OF MAY 1, 2007 o �-��g Page 4 living room now because her bedroom was condemned. Her other daughter has a 2 month old and one that will be 2 yeazs old in June. (Ms. Christmas explained the layout of her unit and drew a picture.) Ms. Shaaf gave the square footage of the bedrooms. Ms. Moermond asked is there a window to the outside in the living room/dining room area. Ms. Christmas responded a person has to pass the kitchen first in order to get to the living room. There is an exit on one side of the kitchen that goes to a back door and to the stairwell going down. On the other side of the kitchen, there is a door that goes down the steps and out the side door. There are two exits. Ms. Moermond stated she is not sure they can count both exits because there has to be a clear shot of them. She is wondering if the wall blocks too much of the access to one of the exits. There has to be a wide enough open space. Ms. Christmas stated she is thinking of moving. Ms. Favis asked is the City going to pay her moftgage. She is concerned about people getting kicked out on the street. Ms. Moermond asked what Ms. Favis is going to do with the property. Ms. Favis responded she is walking away from the property unless Ms. Moermond can find her a tenant to live there. She is losing a lot of money and foreclosing her rental property because of the impossible compliance. Ms. Moermond stated the owner can rent the top unit to a family of five. The bottom unit can be rented safely to a family of three. Ms. Favis responded thaY the City Council should try to help her and not destroy her business. Ms. Moermond asked the tenants have they talked to Southem Minnesota Regional Legal Services (SMRLS). Ms. Christmas responded she has talked to them. She was told that she would need to go to conciliation court. For rent abatement, added Ms. Thornton. Ms. Favis stated that when she bought the property, it was 4 and 3(bedrooms), and now 2 bedrooms are being condemned. She asked how the house can be sold for 3 and 2 bedrooms. She has been a realtor since 1989. Ms. Moermond stated the owner needs to make sure these people are safe and how the owner can manage in the long run. One of the tenants was going to move out because the family size was about to increase. That was going to happen whether or not they were sitting here today. The other tenant is looking because she is concerned about what she is seeing here. The owner needs to think does she want this tenant or figure out how to make this a safer space to rent to this number of people or how can she work with them to get the number of people down so that it is safe. Ms. Moermond would like to see another inspection and would like to see them in another LEGISLATIVE HEARING MINUTES OF MAY 1, 2007 0�-�9 Page 5 Legislative Hearing so that they can get out of this with some victory for everyone involved. Ms. Favis responded that she is sorry, but she is going to sell the place and no one will live there. Ms. Moermond stated the City Council public hearing on this issue is May 16, 530 p.m., and the owner can share her views with the City Council. She is going to ask the inspector to come back so that measurements can be done. There are children and babies involved so they need to be sure what they are dealing with. Ms. Favis can explain to the City Council that she paid a lot to buy this house and she was told it had more bedrooms than it legally does have. Ms. Moermond will ask for an inspection report on May 15. If anything is discovered between inspections, Fire Prevention has the power to do an emergency condemnation. That can be done outside the appeals process. In summary, Ms. Moermond is requesting a report from Fire Prevention at the May 15 Legislative Hearing regarding the square footage in both units and more detailed information. Ms. Moermond will ask SMRLS to come to that hearing. The City Council Public Hearing on this matter is May 16 at 5:30 p.m. The hearing was adjourned at 2:42 p.m. rrn