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08-1294Council File #_ pg.— JaQ(.F Green Sheet # 3062878 Presented by RESOLUTION CITY O,F SAINT PAUL, MINNESOTA � 1 BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative 2 hearing record and testimony heazd at public hearing on November 5, 2008 hereby memorializes its 3 decision to certify and approve the October 28, 2008 decision of the Legislative Hearing Officer for the 4 following address: 5 6 ADDRESS APELLANT 7 8 92 Ivy Avenue West Colleen Groezinger 9 10 Decision: Appeal granted and inspection fee waived. Carter Bostrom Harris Stazk Thune Adopted by Council: Date Adoption Certified by Council Secretary BY� ir/%4�r� Approve y M r: ate f L-- -r j Q By: � Requested by Depamnent oE Yeas � Form Approved by City Attomey By: // Form Approved by Mayor for Submission to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � � ia�� DepartmenU�ce/Council: Date Initiated: co-�°°°��� a6-NO�-0B Green Sheet NO: 3062878 ConWCt Person & Phone: Department SeM To Person InitiallDate Marcia Moermond o ounca � 6-8570 1 ounN De artment Directo* �'`� 2 " Cletk C5N Clerk Must Be on Council Agenda by (Date): Number 3 � For 4 0 Routing Doc.7ype:RE50LUTION Order 5 0 E-DocumentRequired: Y Document Contact: Mai Vang Contact Phone: 6-8563 Total # of Signature Pages _(Clip AII Locations for Signature) Action Requested: Resolution memorializing City Council action taken November 5, 2008 granting the appeal and fee waived for proper[y at 92 Ivy Avenue West, per the recommendation of [he Legislative Hearing Officer. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contrad for this depaAment? q6 Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Dces this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain aif yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvanWges If Approved: Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Transaction: CosURevenue Budgeted: Funtling Source: Activity Number: Financial Information: (6cplain) November 6, 2008 4:07 PM Page 1 � Olti OP 4 O ' A ei u�11 y, �,� � 0 +as• October21, 2008 Colleen Groezinger 705 Roy Street S St. Paul, MN 55116 RE: 92 W Ivy Dear Ms. Groezinger: CITY OF SAINT PAUL CITY CLERK'S OFFICE Your application for an appeal has been received and processed. � ia �� Please attend the public hearing before the Legislative Hearing Officer on Tuesday, October 28, 2008 at 11:00 a.m. in Room 330 City Hall and Courthouse to consider your appeal concerning the above referenced property. Atthattime the Legisiative Hearing O�cerwill hear all parties relative to this action. Failure to appear at the hearing may result in denial of your appeal. Sincerely, ����� � Shari Moore Gity Clerk cc: Phil Owens, DSI (Fire) Leanna Shaff, DSI (Fire) Marcia Moermond, Legislative Hearing Officer Jerry Hendrickson, Deputy City Attorney 15 WEST KELLOGG BOULEVARD, SUITE 310 SAINT PAiIL, MINNESOTA55102 Tel: 651-266-8688 Fa�c:651-2G68574 wcvw.stpaul.gov AA-ADA-EEO Employer o�-a�� APPLICATION FOR APPEAL ������ � Saint Paul City Clerk �Cj� 15 W. Kellogg Blvd., 310 City Hall �s'��'� �Z�QB Saint Paul, Minnesota 55102 �:� Telephone:(651)266-8688 1. Address of Property being Appealed: 2. Number of Dwelling Units: 3. Date of Letter Appealed: �� ���// � l'�io ��' 4. Name of Owner: d'/ 1��1'� ���`z/��`7 F'� 1�/� o�'e�'S /'/J� � Address:��s (S d y S� S. City: S`� ,��-�l C� State: �Zip:�S ���° • l ,� � Phone Numbers: Busi�� ����3�/ Residence�p�� 9��� �Y Cell�ar✓��.3.� 3� Signature: �2���-n!--t-�-G=� ' 5. Appellant / Applicant (if other than owner): Address: City: State: Zip: Phone Nu�nbers: Business Residence Cellulaz �ignature: 6 State specifically what is being appealed and why (Use an attachment if necessary): � �' C� ,��— _ - � ' , � _ - NOTE: A$25.00 Filing fee made payable to the City of Saint Paul must accompany this application as a necessary condition for filing. You must attach a copy of the original orders and any other correspondence relative to this appeal. Any person unsatisfied by the finai decision of the City Council may obtain judicial review by timely filing of an action as provided by law in District Court. For Office Use Only ' Date Received: Fee Received: Receipt Number: Date of Hearing: aC�:3S :o� Rev�seA 4/25/2007 DEPARTMENT OF SAFETY AND RJSPECTIONS Fire Inspection Division Robert Kess[er, Director CTTY OF SAINT PAUL Chnstopher B. Coleman, Mayor 100East71'"St'eet Te(ephone:651-228-6230 Saint Paul, MN 55101 October 10, 2008 THOMAS W GROEZINGER 705 ROY ST S ST PAUL MN 55116-1425 RE: 92 IVY AVE W Ref. # 112070 Deaz Property Representative: Your building was inspected on October 10, 2008. The building was found to be unsafe, unfit for human habitation, a public nuisance, a hazard to the public welfaze or otherwise dangerous to human life. A Condemnation Placard has been posted on the building. The following deficiency list must be completed immediately or the building vacated. CONDEMNATION OF THE BUILDING REVOKES THE FIRE CERTIFICATE OF OCCUPANCY. Failure to complete the corrections may result in a criminal citation. The Saint Paul Legislative Code requires that no building be occupied without a Fire Certificate of Occupancy. DEFICIENCY LIST SPLC 34.14 (2), 3434 (5) - Provide an approved electrical service adequate to meet the buildings needs.-Immediately restore gas and/or electricity. 2. SPLC 45.03 (6) - Cut and maintain the grasslweeds less than 8 inches tall. SPLC 34.23, MSFC 110.1 - This occupancy is condemned as uufit for human habitation. This occupancy must not be used until re-inspected and approved by this office.-Due to lack of basic facilities, this property has been condemned. 4. SPLC 34.1 I(6), 3434 (3) - Provide service of heating facility by a licensed contractor which must include a cazbon monoxide test. Submit a completed copy of the Saint Paul Fire Marshal's Existing Fuel Burning Equipment Safety Test Report to this office. 5. SPLC 39.02(c) - Complete and sign the provided smoke detector affidavit and return it to this o�ce. You have the right to appeal these orders to the Legislative Hearing Officer. Applications for appeals may be obtained at the City Clerks Office, Room 310, (651-266-8688), and must be filed within 10 days of the date of the original orders. If you have any questions, you may contact me at 651-228-6245. �� I�� � Sincerely, Jackie Girling Fire Inspector Ref. # 112070 cc: Force Unit cc: District Council October 28, 2008 Legislative Hearing Minutes 8. Appeal of Colleen Groezinger to a Certificate of Occupancy Deficiency List, Condemnation, for property at 92 IW Avenue West. Colleen Groezinger, appellant, appeared. Page 8 � �� �� which includes Ms. Shaff stated that a complaint was received on October 5, 2008 on a utilities shut off by Xcel. Inspector Girling inspected the property on October 9 and found that the property appeared vacant, the locks on the gates were locked, and the phone number had been disconnected. She issued orders to cut tall grass and weeds and condemned the property due to the lack of basic facilities. She then referred the property to Vacant Buildings. Ms. Groezinger stated that the building had been used as a commercial towing business that had been operated by her now deceased husband. The property was now vacant and she was attempting to either sell the property or lease it to another business. She did not believe the property should be condemned as this was not a residential property and no one had ever lived there. Ms. Shaffresponded the property was listed as residential and fell under the Certificate of Occupancy Program. Since the inspector was unable to gain entry to the property, she was unable to verify whether this property was residential or commercial. The inspector was also unable to contact the owner as the phone had been disconnected. Ms. Moermond stated that according to STAMP, the property was listed as a business, that being Tom's Towing Services. Ms. Shaff responded that since they had received a complaint that the heat had been tumed off, the inspection was done and the matter was referred to Vacant Buildings as the property could not be occupied as a business ar a residence without heat. She said that new orders would be issued either by Fire Prevention or Vacant Buildings. Ms. Groezinger stated that she had no money and could not afford the $178 inspection fee and did not believe she should have to pay the fee since this was not residential property. Ms. Moermond recommended granting the appeal on the condemnation and waiving the $178 residential inspection fee. She said that any new orders that were issued either by Fire or V acant Buildings, she would recommend waiving the $25 filing fee if Ms. Groezinger wished to appeal the new orders.