08-577Council File # �' '� � �
Green Sheet# 3054290
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Presented
RESOLUTION
OF �AINT PAUL, MINNESOTA
0
BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the Aprii 14,
2008 decision of the Legislative Hearing Officer on Appeals of Letters of Deficiency for the following
addresses:
Propertv Anpealed
1668 Montreal Avenue
App¢llant(S)
Nova Classical Academy
Decision: Appeal denied and extension granted to Friday, May 16, 2008; the remainder of the work should
be completed within 30 days.
1604 Dayton Avenue
John Hart
Decision: Appeal denied and extension granted to Apri124, 2008 for Items #s 1, 3, and 4 and extension
granted to May 9, 2008 for Item #2; and extension granted to July 1, 2008 for painting.
790 Selby Avenue
Decision: Appeal denied and extension granted to June 6, 2008.
Mohamed Ali
Requested by Department of:
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Form Approved by City Attomey
By:
Form Approved by Mayor for Submission to Council
By:
Approved by the Office of Financial Services
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Adoption Certified by Council Secretary
By:
Approve y a or Date � � V�
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
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DepartmenUofficelcouncil: Date Inkiated:
co ���_;, z2_�,,.-0$ Green Sheet NO: 3054290
Contact Person & Phone:
Marcia Mcertnond
6-8570
Must Be on Council Agen
Doc.Type: RESOIUTION
E-Document Required: Y
Document Contact: Mai Vang
Contact Phone: 6-8563
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Assign 1 ouncil De aztmentD'vector
Number 2 ' Clerk Cti Clerk
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Routing 3
Order 4
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Total # of Signature Pages _(Clip All Locations for Signature)
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Resolution approving the April 14, 2008 decisions of the Legislative Hearing Officer on Appeals of Letters of DeFiciency for
properties at 1668 Montreal Avenue, 1604 Dayton Avenue, and 790 Selby Avenue.
itlations: Approve (A) or Keject (K): Yersonal Service Wntfact5 Must wnswer tne Fo��owmg Uuesbons:
Planning Gommission 5. Has this person/firm ever worked under a coiArad for this depariment?
CIB Commiriee Yes No
Civil Service Commission 2. Has this person/firm ever been a city 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):
Advantages If Approved:
DisadvanWges IfApproved:
Disadvantages If Not Approved:
Trensaction:
Funding Source:
Financial Information:
(Explain)
CosURevenue Butlgeted:
Activity Number:
May 22, 2005 10:45 AM Page 1
"v /
MINUTES OF TIIE LEGISLATIVE HEARING
ON LETTERS OF DEFICIENCY, CORRECTION NOTICES
CORRECTION ORDERS AND LETTERS
Thursday, April 14, 2008
Room 330 City Hall, 15 Kellogg Blvd. West
Marcia Moermond, Legislative Hearing Officer
The hearing was called to order at 1:35 p.m.
Staff Present: Mitch Imbertson, Deparhnent of Safety and Inspection (DSn - Fire; Mike Urmann,
DSI - Fire; and Mai Vang, City Council Office
Appeal of Ryan Grubba to a Vacant Building Registration Notice for property at 1383 Hamline
Avenue North. (Rescheduled from April 1; owner called and requested that this be
rescheduled)
2. Appeal of Nova Classical Academy to a Certificate of Occupancy Deficiency List for property
at 1668 Montreal Avenue.
Ms. Moermond requested a staff report. Mr. Urmann stated that he spoke with the Assistant Fire
Marshal concerning this matter. It appears that this is a fire lane that was installed; the surface has
deteriorated to the point that the Fire Department does not feel it is suitable for fire apparatus. The Fire
Department is asking that this be redone so it is level and returned to a surface that is weather-durable.
Mr. Greving stated that Nova Classical Academy has discussed this issue with the landlord, the
installer (Frattalone), the people who plow (TJW Property Service), and the manufacturer—no one has
reached the conclusion that it is in any way their responsibility. He said they have assessed the
potential cost to repair this, and received an estimate of $8,000. Ae added that if they do not do that,
they could, in the short term, bring in what was described as a road-based Class 5 gravel for the cost of
about $1,200.
Mr. Urmann stated that the only problem with Class 5 is that there are certain depths that must be
obtained, which is much more extensive than Class 5. He added that a temporary fix might not be
what Fire is looking for.
Mr. Greving stated that Frattalone assured them this would hold up and it has not held up.
Maintenance and snow removal has caused the damage. Mr. Greving added that this was not installed
properly, that the hard plastic came through the surface, and it was plowed too close to the surface.
Ms. Moermond asked Mr. Greving what kind of time he would need. He responded that they hope to
achieve some kind for agreement about whose responsibility this is; it does not look like this will be
achieved in the near future.
Mr. Urxnann stated that the Fire Department would be satisfied if this was done correctly under permit
and that it would support the weight of a fire truck. He added that the permit process would address
that, that they will determine if the information is correct, and the contractor will have to deal with
that. Mr. Greving added that they are hoping they will have until May 15.
Aprill4, 2008 Property Code Minutes 6 � ���� Page 2
Ms. Moermond noted the Mr. Greving must go through site plan review. She said she will grant tune
to Friday, May 16, 2008; the inspector will go out to the property on May 19, 2008. Mr. Urmann
requested that the work be completed within 30 days, with some plan in place in 15 days. He
emphasized that this is a life/safety issue.
Mr. Greving will be talking to Mr. Frattalone about applying for pernrits. Mr. Greving will e-mail Mr.
Urmann to what his work plans aze, when the work will be started, and when the work will be
completed. Ms. Vang will send a letter to Mr. Greving as to what the findings are here today.
3. Appeal of Wesley Frank to a Certificate of Occupancy Deficiency List for property at 1389
Anuidel Street. (Appeal has been withdrawn)
4. Appeal of Jolui Hart to a Certificate of Occupancy Deficiency List for property at 1604 Davton
Avenue.
Ms. Moermond requested a staff report. Mr. Urmann stated that this involves an egress window that
does not meet the minimum openable height requirement, that the room is currently being used as a
sleeping room. The minimum size must be 5.7 square feet of glazed area with a minimum of 24 inches
of openable height and 20 inches of openable width. He noted that this is a life/safety issue, as not
having 24 inches makes it impossible for an average person without fire gear to get out the window.
Mr. Hart presented pictures. Ae stated that this was Charlie Schultz's house when he was growing up.
He noted that there is work that needs to be done, that he is planning on getting the place cleaned up
this suimner, and will clean up the house on the outside to make it more presentable. He added there is
not a lot of space in the window area.
Ms. Moermond stated that she does not find the Charlie Schultz argument compelling. She observed
that the siding on the house was not azound when Chazlie Schultz was and the window is not original.
Mr. Urmann stated that if the window problem is corrected, an extension can be granted for the
remainder of the items; that the window needs to be done more quickly than the other building items.
Mr. Hart noted that he has the globes, but they have not been installed; he has the plate covers, but they
have not been installed; the duct work far the dryer has not been done.
Ms. Moermond discussed timelines for the work to be accomplished: for Item #s 1, 3, and 4-- #1 - 2
floor bedroom and front porch—alllight fixtures shall be maintained with protective globes if
originally equipped. #2 - basement – outlet by stairs – provide electrical cover plates to all outlets,
switches and junction boxes where missing; basement – dryer- provide, repair or replace the dryer
exhaust duct. Exhaust ducts for domestic clothes dryers shall be constructed of inetal and shall have a
smooth interior finish. The exhaust duct shall be a minimum nominal size of four inches (102mm) in
diameter. The entire exhaust system shall be supported and secured in place. Ms. Moermond �anted
time to Apri124, 2008.
For Item #2 -- 3 floor bedroom—window—provide and maintain an approved escape window from
each sleeping room. The minimum size must be 5.7 square feet of glazed area with a minimum of 24
inches of openable height and 20 inches of openable width.), Ms. Moermond granted time to May 9,
2008. She granted time to July 1, 2008 for the painting.
Aprill 4, 2008 Property Code Minutes ���� � Page 3
Ms. Moermond suggested that it would be good for Mr. Hart to contact Amy Spong, the City's historic
preservarion person, as she may have informarion in her records as to when this was Chazlie Schultz's
family home. She also suggested Christine Barr as a good contact. Additionally, he might want to talk
to the Historic Saint Paul Foundation regazding a grant for the necessary work.
Note: Ms. Spong arrived after the hearing and the situarion was explained to her. Ms. Moerxnond
noted that after viewing the photographs, this was not an original window. Ms. Moermond informed
her that she did give Mr. Hart contact information for her; that she may have period photos or
something that could be helpful to him.
5. Appeal of Mohamed Ali to a Certificate of Occupancy Deficiency List for property at 790
Selby Avenue.
Ms. Moermond requested a staff report. Mr. Urmann stated there is an unclear history of this building.
James Logan was the original owner of the property, and Mohamed Ali then obtained the property. He
did not have the proper lot size for a multiple dwelling; the property was approved only as a single
dwelling. The inspector became aware that this was being used as more than a single family and
issued orders. They aze currently warking on the zoning process and have obtained the adjoining lot.
He said that they have been given an extension of rime to June 6, 2008 to go through the zoning
process and then go through the Fire Deparhnent to obtain a Certificate of Occupancy. He added that
he would like to get the extension into the record today.
Mr. Ali stated that they didn't get to Mr. Urmann on time, that they were going through zoning, and
the reason they filed the appeal was to be granted more time. He added that they talked to Mr. Urmann
and Mr. Urmann gave his approval for the time extension, but indicated they would still haue to appear
at the hearing today. Mr. Ali noted that if they had the lot, they could make the property into a 4-plex,
and that, in the future, it will be a 4-plex.
Ms. Moerxnond stated that the date far completion is June 6, 2008.
6. Appeal of Karen Reid, on behalf of Neighborhood Development Alliance, to a Certificate of
Occupancy Deficiency List for property at 15 Winifred Street West. (Issue has been resolved
and appeal has been withdrawn)
7. Appeal of Long Thao to a Certificate of Occupancy Deficiency List for property at 829
Jessamine Avenue East. (Appeal has been withdrawn)
The hearing adjourned at 2:48 p.m.
Submitted by:
Barb Benson
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(5/21%2008) Vicki Sheffer - Vicki, � � �� � ��� ��� �� � � �� � � � � � � �� � � � �� � � � � � � �� � ��� Page 1 ;�
6�5�5��7
From: Marcia Moermond
To: Sheffer, Vicki
Date: 5/21/2008 9:44 AM
Subject: Vicki,
CC: Moloney, Trudy; Naylor, Racquel
Vicki,
As you know, Tuesday's are exceedingly busy and your role in the legislative hearing process is integral.
As I just indicated to you verbally, it is no longer acceptable for you take any discretionary and
unscheduled time off on Tuesdays, as happened this week. Time off of this nature makes the workload
for hearing staff, and others in Council Offices, very heavy and it is disruptive.
Additionally, it is very important for us to be able to get a hold of you in the event that you are the only
holder of information for the hearing process, whether it is a Tuesday or not. For eacample, there was
information on the 1383 Hamline case regarding your call history with Ryan Grubba which only you were
privy to. Had we known where to look for the information and how to interpret it, we would have been in
a position to provide a complete record of our stafFs interactions with Mr. Grubba for Council review.
Given this case is likely headed for district court, this assignmenYs importance was magnified. I bring this
point to light because if you are on a scheduled vacation, we have likely planned for the contingency
information was needed. If you are ill, we can be considerate and limit interaction to just a minute or
two so you can rest. However, with an unscheduled absence, we are left in the lurch.
Please be mindful of these matters in the future and thanks for your cooperation.
Marcia