08-444Council File # b�
Green Sheet # 305''� ( I l
RESOLUTION
F SA�NT . PAUL, MINNESOTA j,r
Presented by
BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative
hearing record and testimony heazd at public hearing on February 27, 2008 hereby memorializes its
decision to certify and approve the February 15, 2008 decision of the Legislative Hearing Officer for the
following address:
C�\ 1717:7�.`7.�
8 255 Sixth Street East (Lowertown Parking Ramp)
APELLANT
David McGee, on behalf of Henry Zaiden
10 Decision: Appeal granted and granting an extension to February 28, 2008 on the effective date of the
11 revocation of the certificate of occupancy and fire certificate of occupancy to allow time for a
12 rehabilitation plan to be developed and approved. Additional enforcement action should be stayed until
13 Council formally approves the rehab plan — unless there is an emergency.
Requested by Department of:
Adopted by Council: Date ��j ` �
Adoption Certified by �uncil Secr y
By: ' �
Approved or: Date s/ �
By:
�
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 �
���Y�
co -co����
Contact Person 8 Phone:
Marcia Moertnond
6-8570
Must Be on Council Agen
Doc. Type: RESOLUTION
E-Document Required: Y
Document Contact:
ConWCtPhone: G8563
24APR-08
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Green Sheet NO: 3053111
0 ooncil
1 ooncil De artmentDirector
2 " Clerk G5 Cluk
3
4
5
Action Requested:
Appeal granted and granting an extension to February 28, 2008 on the effective date of the revocation of the certificate of occupancy
and fire certificate of occupancy to allow time for a rehabilitation plan [o be developed and approved. Additional enforcement action
should be s[ayed until Council fomially approves [he rehab plan, unless there is an emergency.
itlauons: Approve (A) or R
Planning Commission
CIB Committee
Civil Service Commission
1 Has this person/firm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/firtn possess a skill not normally possessed by any
currenl city employee7
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:
Disadvantages If Approved:
Disadvantages If Not Approved:
Transaction:
Funding Source:
Financial Information:
(Explain)
Activity Number:
CostlRevenue Budgeted:
April 30, 2008 1:58 PM Page 1
City of Saint Paul
City Council Research Center
� � � � ( 310 City Hal]
��1 Saint Paul, MN 55102
(651)266-8570
INTER-DEPARTMENTAL MEMORANDUM
DATE: February 27, 2008
TO: Councilmembers
FROM: Marcia Moermond, Legislative Heazing O�cer
RE: LoweROwn Parking Ramp
In summary, I recommend that the Council deny the appeal of Mr. Zaidan on the revocations, allow the continued
occupancy of the structure - thereby granting an extension on compliance deadlines-- and the Council should
impose the conditions and attached deadlines incorporated herein.
If any of these conditions aze not met according to the deadlines established, both the Fire Certificate of
Occupancy and the Certificate of Occupancy shall be revoked (denying occupancy) effective as of that
determination. It should be noted that additional enforcement actions may be undertalcen if they are consistent
with the decision, unless an emergency situation is encountered, necessitating emergency enforcement measures.
My recommendations to you on the conditions and deadlines are the following. It is noted when my
recommendations diverge from the previous discussions, or are in addition to the items previously discussed.
The "Critical Repairs," which were outlined in the Department of Safety and Inspections February 6, 2008
letter to Mr. Zaidan, should be completed according to the schedule developed by DSI and David McGee (Mr.
Zaidan's attorney). These items outlined in the letter are as follows:
PaMial Depth Repairs: Paragraph II of the 12/12/07 Ericksen Roed report identified delaminated areas
on the underside of the reinforced composite concrete slab which had reduced the service capacity of the
area by 25%. They indicated that partia] depth repairs were needed. StartedApril l, 2008 and completed
by June 15,2008.
2. Full Depth Replacement of Slabs: Paragraph III of the report identified corroded metal decking and
delamination on the underside of the reinforced composite express rams which reduced their capacity to
below the minimum code requirements. These were the most critical elements referred to above because
the approximaiely 2/3 of the ramp could not be reached without driving over these express ramps. Full
depth replacement of the slabs was called for. Already commenced and will be completed by March 1,
2008.
3. Repair Corrosion in Web: Paragraph VI identified severe corrosion in the web at grid 8 on level 9 and
indicated the repairs which were needed on an attached sketch. Started April l, 2008 and completed by
June I5, 2008
4. Reinforce Purlins: Paragraph VII of the Ericksen Roed report indentified two purlins along the north
edge of level 8 between grids 5 and 7 which had been cut to accommodate some utility room doors and
which was now overstressed. Reinforcements were called foz Started April I, 2008 and completed by
June I5, 2008
Dwing the time prior to the repairs commencing on items 1, 3 and 4, the areas will be blocked off to prevent
cares from using these areas.
�'���
Lowertown Parking Ramp Legislative Hearing Report, Page 2 of 3
With respect to those items listed as preventative maintenance, it appeazs that DSI and Mr. McGee agree that
the repairs should be completed within 90 days. I am recommending that the Council make July 1, 2008 a
time-certain deadline by which these repairs need to be completed.
1. Seal Shrinkage Cracks: Paragraph I of the Ericksen Roed report identified shrinkage cracks on the
concrete composite floor slab on levels 6 and 8 and recommended that they be sealed to reduce further
deterioration.
2. Clean and Recoat Corroded Columns: Pazagraph N of the report identified corroded columns at the
base connections and recommended cleaning and recoating.
3. Clean and Recoat Corroded Steel at Girder Beams: Paragraph V identified corroded steel at the girder
beams at all levels. Again, cleaning and recoating was recommended to reduce further corrosion.
4. Clean and Recoat Corroded Purlins: Pazagraph VI identified more corrosion at the purlins at all
supported levels which they recommended be cleaned and recoated.
Additionally, the department seems to recommend that the temporary measures used to make safe the ramp be
addressed in a permanent fashion, and that the schedule for this shall be presented by Mr. Zaidan by June 2,
2008. I further recommend that these temporary fixes be made permanent by a time-certain deadline of
September l, 2009.
Summary Information on Appeal of Various Enforcement Actions on the Lowertown
Parking Ramp, 255 E. 6 St.
Enforcement Actions:
12/2/07: Structural Condition Survey by Erickson Roed
1/9/08: Riddering (Bldg Official) letter revoking Certificate of Occupancy (C of O)for above grade parking
1/9/08: Notice to City of Coming Appeal on Enforcement Action, personal calls to Hume and Humphrey
1/18/08: Riddering letter notice of condemnation & order to vacate ramp above grade level
1/19/08: Fire Prevention placards ramp and dangerous sections taped off
1/19/08: Riddering issues temporary C of O(in effect lifts condemnation)
1/22/08: Written appeal received on enforcement actions of 1/9/08 & 1/18/08
1/24/08: Fire Prevention Inspector Chapdelaine lifts condemnation officially
I/24/08: Fire Prevention Inspector Chapdelaine revokes Fire C of O allowing continued occupancy
I/29/08: 1 s ` Legislative Hearing on Appeal (parties are to meet and reach ageement on repair schedule)
2/6/08: 1�` Council Public Hearing on AppeaL Council continues matter to allow for mutually agreeable
solution to be reached
2/6/08: Riddering letter restating summary of enforcement actions and outlining departmenYs position on
enforcement, deadline of 2/19/08 for repair as temporary C of O will expires this day (it did)
2/I S/08: 2" Legislative Hearing on Appeal (no agreement forthcoming at time of hearing)
2/I S/08: McGee (Ramp owner's attorney) letter to Moermond on difficulty of process, etc.
2/20/08: 2" Council Public Hearing: Council grants extension on effective date of revocation of certificate of
occupancy and fire certificate of occupancy for rehabilitation plan to be developed and approved by
City Council. Extension should be granted to 2/28/08 on Revocation of Certificate of Occupancy and
Fire Certificate of Occupancy, if no emergency situation ensues.
2/26/08: Agreement on timeframe for major repairs reached between counsel for parking ramp ownership and
City staff.
Lowertown Parking Ramp Legisl�azive He3ridg� ort, Page 3 of 3
Email Correspondence on Proposed Workplan and Agreement Between the City and
Counsel for the Lowertown Parking Ramp Ownership
2/27/2008 8:13 AM
Marcia,
Iust to be cleaz, this is DSI's official recommendation to you and
the City Council regazding the staNS of [he Lowertovm Pazking
Ramp. Let us know if you have any questions.
Bob
Bob
Bob Kessler, Director
Department of Safety & Inspections--DSI
Ciry of Saint Paul, MN
651-266-9013
»> Bob Kessler 2/26/2008 5:04 PM »>
David,
Our Structural Engineer Frank Berg is recommending [o the
City Council's Legislative Heazing O�cer, Ms. Marcia
Moermond, that your deadline for the critical repa�rs be
accepted.
Mr. Berg also notes the following.
»> "David McGee" <dmcgee�tn-law.com> 2/26/2008 12:31
PM »>
Mc Kessler,
My clie�t, in conjunction with his wntractor, proposes
the following schedule for repairs to the Lowertown Parking
Ramp. Using the Depar[menYs letter of 2-6-08 as the format:
The "Critical Repairs° will be done as follows:
1. Started April 1, 2008 and completed by June 15,2008.
2. Already commenced and will be completed by Mazch 1,
Zoos
3. Started April 1, 2008 and completed by June 15, 2008
4. Started Apri] l, 2008 and completed by June 15, 2008
During the time prior to the repairs commencing on i[ems 1, 3
and 4, the azeas will be blocked off to prevent cazes from using
these areas.
The items identified as "preventative maintenance" in the letter
of 2-6-08 are not the basis for the Ciry's achons against the
pazking ramp. However, once the "Critical Repairs" aze repaired
GMT will undeRake these "maintenance" items within 90 days.
However, we would demand tha[ the issuing of the certificate of
occupancy occur upon the completion of the "Critical Repairs°
and not be delayed to perform maintenance as that was not the
basis of the CiTy's action.
Upon completion of all the critical work identified by Mr.
McGee there will remain areas of significant deterioratioq
particularly at other azeas of the up-down ramps, that are beyond
"maintenance" but were not identiSed as "critical" at this time.
In fact, if all the work identified in the February 6th letter was
completed right now there would st�ll remain areas of up-down
ramps with corroded steel decking supported by temporary
wood shori�g. The following is a quote from the Ericksen Roed
condition survey:
Corzoded metal decking and delaminated areas of [he underside
of the reinforced composite express ramp concrete slabs has
been observed and documented since 2000. The timberjoists on
steel seai angles were installed as a temporary remedial measure.
The remedial measures installed appear to be in reasonable
condition in order to perform for a short term duration
(evaluated annually) with the exception of three locations with
more severe corrosion and spalling.
Therefore, Mr. Berg fuRher recommends that these more serious
matters be addressed with a detailed time schedule along with
the maintenance items identified in the February 6th letter, and
that a schedule for all the remaining work be submitted for
further review and approval by June 2, 2008.
Piease let me know if you have any questions regarding this
matter.
e�.
Please let me know your thoughts. I anticipate that this will have
to be put into a more detailed document. Dave McGee
David J. McGee, Esq.
Thomsen & Nybeck, P.A
3300 Edinborough Way, Ste. 600
Edin� MN 55435
Tel. (952) 835-7000
Faac. (952) 835-9450
Internet: www.to-law.com ( about.bla�kwww.tn-law.com )
Bob Kessler, Director
Department of Safety & Inspections--DSt
City of Saint Paul, MN
651-266-9013
INTER-DEPARTMENTALMEMORANDUM
DATE:
TO:
FROM:
RE:
February 27, 2008
Councilmembers
City of Saint Paul
City Council Research Center
310 City Hall
Saint Paul, MN 55102
(651)266-8570
L
Marcia Moertnond, Legislative Heazing Officer ���`" G
Lowertown,Pazking Ramp
In summary, I recommend that the Council deny the appeal of Mr. Zaidan on the revocations, allow the continued
occupancy of the structure - thereby granting an extension on compliance deadlines-- and the Council should
impose the conditions and attached deadlines incorporated herein.
If any of these conditions are not met according to the deadlines established, both the Fire Certificate of
Occupancy and the Certificate of Occupancy shall be revoked effective as of that determination. It should be
noted that additional enforcement actions may be undertaken if they are consistent with the decision, unless an
emergency situation is encountered, necessitating emergency enforcement measures.
My recommendations to you on the conditions and deadlines are the following. It is noted when my
recommendations diverge from the previous discussions, or are in addition to the items previously discussed.
The "Critical Repairs," which were outlined in the Department of Safety and Inspections February 6, 2008
letter to Mr. Zaidan, should be completed according to the schedule developed by DSI and David McGee (Mr.
Zaidan's attorney). These items outlined in the letter are as follows:
Partial Depth Repairs: Paragraph II of the 12/12/07 Ericksen Roed report identified delaminated areas
on the underside of the reinforced composite concrete slab which had reduced the service capacity of the
area by 25%. They indicated that partial depth repairs were needed. Started April I, 2008 and completed
by June 15,2008.
Full Depth Replacement of Slabs: Paragraph III of the report identified corroded metal decking and
delamination on the underside of the reinforced composite express rams which reduced their capacity to
below the minimum code requirements. These were the most critical elements referred to above because
the approximately 2/3 of the ramp could not be reached without driving over these express ramps. Full
depth replacement of the slabs was cal]ed for. Already commenced and will be completed by March 1,
2008.
3. Repair Corrosion in Web: Paragraph VI identified sevexe corrosion in the web at grid 8 on leve] 9 and
indicated the repairs which were needed on an attached sketch. Staned Apri11, 2008 and comp[eted by
June IS, 2008
4. Reinfarce Purlins: Paragraph VII of the Ericksen Roed report indentified two purlins along the north
edge of level 8 between grids 5 and 7 which had been cut to accommodate some utility room doors and
which was now overstressed. Reinfarcements were called for. Started April l, 2008 and completed by
June IS, 2008
During the time prior to the repairs commencing on items 1, 3 and 4, the areas will be blocked off to prevent
cares from using these areas.
Lowertown Parking Ramp Legislative Hear�ng Report, Page 2 of 3
W ith respect to those items listed as preventative maintenance, it appears that DSI and Mr. McGee agree that
the repairs should be completed within 90 days. I am recommending that the Council make July 1, 2008 a
time-certain deadline by which these repairs need to be completed. �-� `// /,`
�r7�`
1. Seal Shrinkage Cracks: Paragraph I of the Ericksen Roed report identified shrinkage cracks on the
concrete composite floor slab on levels 6 and 8 and recommended that they be sealed to reduce further
deterioration.
2. Clean and Recoat Corroded Columns: Paragraph IV of the report identified corroded columns at the
base connections and recommended cleaning and recoating.
3. Clean and Recoat Corroded Steel at Girder Beams: Paragraph V identified corroded steel at the girder
beams at al] levels. Again, cleaning and recoating was recommended to reduce further corrosion.
4. Clean and Recoat Corroded Purlins: Paragraph VI identified more corrosion at the purlins at all
supported levels which they recommended be cleaned and xecoated.
Additionally, the department seems to recommend that the temporary measures used to make safe the ramp be
addressed in a permanent fashion, and that the schedule for this shall be presented by Mr. Zaidan by June 2,
2008. I further recommend that these temporary fixes be made permanent by a time-certain dead]ine of
September I, 2�.
��
Summary Information on Appeal of Various Enforcement Actions on the Lowertown
Parking Ramp, 255 E. 6 St.
Enforcement Actions:
12/2(07: Structural Condition Survey by Erickson Roed
1/9/08: Riddering (Bldg Official) letter revoking Certificate of Occupancy (C of O)for above grade parking
1/9/08: Notice to City of Coming Appeal on Enforcement Action, personal calls to Hume and Humphrey
1/18/08: Riddering letter notice of condemnation & order to vacate ramp above grade level
1/19/08: Fire Prevention placards ramp and dangerous sections taped off
1(19/08: Riddering issues temporary C of O(in effect lifrs condemnation)
1/22/08: Written appeal received on enforcement actions of I/9/08 & I/18/08
1/24/08: Fire Prevention Inspector Chapdelaine lifts condemnation officially
1/24/08: Fire Prevention Inspector Chapdelaine revokes Fire C of O allowing continued occupancy
I/29/08: I Legislative Hearing on Appeal (parties are to meet and reach agreement on repair schedule)
2/6/08: 1 Council Public Hearing on Appeal: Council continues matter to allow for mutually agreeable
solution to be reached
2/6/08: Riddering letter restating summary of enforcement actions and outlining department's position on
enforcement, dead]ine of 2/19/08 for repair as temporary C of O will expires this day (it did)
2l15/08: 2" Legisiative Hearing on Appeal (no agreement forthcoming at time of hearing)
2/15/08: McGee (Ramp owner's attorney) ]etter to Moermond on difficulty of process, etc.
2/20/08: 2° Council Public Hearing: Council grants extension on effective date of revocation oFcertificate of
occupancy and fire certificate of occupancy for rehabilitation plan to be developed and approved by
City Council. Extension should be granted to 2/28/08 on Revocation of Certificate of Occupancy and
Fire Certificate of Occupancy, if no emergency situation ensues.
2/26/08: Agreement on timeframe for major repairs reached between counsel for pazking ramp ownership and
City staff.
Lowertown Pazking Ramp Legislanve Heazmg Reporl, Page 3 of 3
Email Correspondence on Proposed Workplan and Agreement Between the City and
Counsel for the Lowertown Parking Ramp Ownership �
0�-yy
vzvzoo8 s:�s aM
Mazci3
lust to be cleaz, this is DSI's official recommendation to vou and
the Ciry Council regarding the siatus of the Lowertown Parking
Ramp. Let us know if you have any questions.
Bob
Bob
Bob Kessler, Director
Department of Safety & Inspections--DS[
City of Saint Paul, MTd
65I-266-9013
»> Bob Kessler 2/26/2008 5:04 PM »>
David,
Our Structural Engineer Frank Berg is recommending to the
City Counci]'s Legistative Hearing Officer, Ms. Marcia
Moermond, that your deadline for the critical repairs be
accepted.
Mr. Berg also notes the following:
»> "David McGee" <dmcgee�tn-law.com> 2/26/2008 ] 2:31
PM »>
Mc Kessler,
My client, in con�unction with his contractor, proposes
the following schedule for repairs to the Lowertown Pazking
Ramp. Using the DepartrnenY s letter of 2-6-08 as the format:
The "Critical Repairs" wil] be done as follows:
1. Started April l, 2008 and completed by June 1i,2008.
2. Already commenced and will be completed by Mazch 1,
2008
3. Started April l, 2008 and completed by lune 15, 2008
4. Started April l, 2008 and completed by lune 15, 2008
During the time prior to the repairs commencing on items I, 3
and 4, the areas will be blocked off to prevent cares from usmg
these areas.
The items identified as "preventative maintenance" in the letter
of 2-6-08 aze not the basis for ihe Ciry's actions against the
parking ramp. However, once the "Gitical Repairs" aze repaired
GMT will undertake these "maintenance" items within 90 days.
However, we would demand that the issuing of the certificate of
occupancy occur upon the completion of the "Critical Repairs"
and not be delayed to perform maintenance as that was not the
basis of the Ciry's action.
Upon compiet�on of all the cntical work identified by Mr.
McGee there will remain areas of significant deteriorahon,
particulady at other areas of the up-down ramps, that are beyond
"maintenance" b�t were not identified as "crihcal" at this time.
In fact, if all the work identified in the February 6th le[ter was
completed right now there would still remain areas of up-down
ramps with corroded steel decking supported by temporary
wood shonng The following is a quote from the Ericksen Roed
condition survey:
Corroded meYal decki�g and delammated areas of the underside
of the reinforced composite express ramp concrete slabs has
been observed and documented since 2000. The timber�oists on
steel seat angles were installed as a temporary remediai measure.
The remedial measures installed appear to be in reasonable
wndition m order to perform for a short term duration
(evaluated annually) with the exception of three locat�ons with
more severe corrosion and spalling.
Therefore, Mc Berg further recommends ihat these more serious
matters be addressed with a detailed time schedule along with
the mamtenance items identified in the February 6th letter, and
that a schedule for all the remainmg work be submitted for
further review and approval by June 2, 2008
Please let me know if you have any quest�ons regarding this
matter.
:..
Please let me know your thoughts. I antic�pate that this will have
to be put into a more detailed document Dave McGee
David J. McGee, Esq.
Thomsen & Nybeck, P.A
3300 Edinborough Way, Ste. 600
Edina, MN 55435
TeL (952)835-7000
Fae. (952) 835-9450
Intemet: www.fi-law.com ( about:blankwww.fi-law.com )
Bob Kessler, Director
Department of Safety & Inspections--DSI
Ciry of Saint Paul, N]N
651-266-9013