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09-335Council File # Q9� �j�j� Green Sheet # 3068837 1 2 3 4 5 6 7 8 9 10 11 RESOLUTION 4��IT P�UL, MINNESOTA 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 March 18, 2009, hereby memorializes its decision to certify and approve the March 3, 2009 decision of the Legislative Hearing Officer for the following address: F 1 1 '� �:j.y 923 Russell Street APELLANT Marcus Middleton Decision: Deny the appeal and grant an extension for 60 days to come into compliance on the egress windows. Adoption Certified by Cou il Secretary gY� _ i L' ll � Approved b ay Date �] By: � Requested by Deparhnento£ � Form Approved by City Attomey By: Form Approved by Mayor for Submission to Council � Adopted by Council: Date ��/�O�-�/ � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet /Y'1��� -�`� � Department/0fficelCouncil: Date Initiated: co-�°°^��' Zo-�.R-09 Green Sheet NO: 3068837 Contact Person & Phone: _ Department Sen[ To Person InRiai/Date Marcia Moermond y 0 oon�a 0 6-8570 1 oancil De artment Direcmr �`'� 2 "NClerk C1 Clerk Must Be on Council Agenda by (Date): Number 3 0 Routing 4 0 Doc.Type:RESOLUTION Order 5 0 E-DOCUment Required: Y Document Contact: Mai Vang ConWct Phone: 6-8563 Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Resoluton memorializing CiTy Counci] ac[ion taken March 18, 2009 denying the appeal and extension granted for property at 923 Russell Sheet, per the recommendation of the Le�islative Hearing Officec Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Foilowing Questions: Planning Commission 1. Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Crvil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not nortnally 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): AdvanWges If Approved: Disadvanpges If Approved: Disadvantages If Not Approved: Total Amount of � Transaction: CostlRevenue Budgeted: Funtling Source: Activity Number: . Financial Information: (Explain) March 20, 2009 8:37 AM Page 1 � R �� . D''1��35 • CITY OF SAINT PAUL y � unnum ^ v � ��"� CITY CLERK'S OFFICE February 17, 2009 '. t✓, : �.�r- �,�2 : .� Marcus hR+q�al�tan 1730 New Brighton Blvd Ste 112 Minneapolis, MN 55413 RE: 923 Russell Street p�t�;��..t` Dear Mr. f�p�l�`�on: Your application for an appeai has been received and processed. Please attend the public hearing before the Legislative Hearing Officer on Tuesday, March 3, 2009 at 1:30 p.m. in Room 330 City Hall and Courthouse to consider your appeal concerning the above referenced property. At that time the Legislative Hearing OfFicer will hear all parties relative to this action. Failure to appear at the hearing may result in denial of your appeal. Sincerely, ��C��L� � Shari Moore City Clerk cc: Leanna Shaff, DSI (Fire) Phil Owens, DSI (Fire) Marcia Moermond, Legislative Hearing Officer Jerry Hendrickson, Deputy City Attorney 15 WEST KELLOGG BOULEVARD, SUITE 310 SAINT PAUL, MINNESOTA55102 Tel: 651-266-8688 Fac: 651-266-8574 wwwstpassl.gov M Affirmat�ve Acnon Equal Opportunity Employer � !"✓ ���\� APPLICATION FOR APPEAL FF ��e Saint Paul Ciry Clerk 15 W. Kellogg Blvd., 310 City Hall Saint Paul, Minnesota 55102 Telephone: (651) 266-8688 ����-�,� �� �R/� 1. Address of Property being Appealed: 2. Number of Dwelling Units: 3. Date of L.etter Appealed: qz3 RvsS�Lt, STR��T i wo �B `i ?��9 4. Name of Owner: M� R C.rS M S PfJ ��7�n1 �73� Nhy./ QR h-��z Address: �7ti?w' ���D Ciry: Ms� 1� s State: I"�� � Zip:.SS�ll3 PhoneNumbers:Business�+i Residence ��Z-��o �55� Signature: � �' ^-�d � 5. Appellant ! Applicant (if other than owner): Phone Numbers: Business City: Residence Cellular G � 2 -"� � � Cellulaz 6 State specifically what is being appealed and why (Use an attachment if necessary): ZTF_ M� I R o,� 7�d-¢' z (�F�oaT Sa�s �1��.� zs 1V� e� (' {r1£ F�S'S Lv'[,ni 0,� vJ � u 7 7'�.l �_R � Z S �'i fOl�f .TS _�Irl-� OI��'zNZ+.rEI .� S +�AJ.�F'i/�(-.c.. . � �Z`S_�vy.�S...L� 7 � � �o z�-�� c6aF _ ° ' L, Q R� /a-� P�q 7'�'d,i 1�7tcA'vSf„ I�ta c ZS 1 4 LF �V A� l �d°-� I{o.�.i.=.. (tirv_' S GQ Ar s 72 � �1 G 0 Fl. `� o�( �# ta.rZri f/o .�/ J � z�'zS I�a, v FL / �� ��J.,O-? �^^�-,� _�� '/.l�' �S-._ W�'-S QJl 1'�. NOTE: A$25.00 filing fee made payable to the Ciry of Saint Paul must accompany this applica[ion 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 Dishict Court. For Office Use Onl Date Received: Fee Received: Receipt Number: Date of Hearing: (,cv�I� 3 �� �b CITY OF SAINT PAUL Chrismpher /3. Coleman. Mayor February 4, 2009 REAL SOLUTIONS GROUP LLC 1730 NEW BRIGHTON BLVD STE 112 MPLS MN 55413-1248 RE: FIRE CERTIFICATE CF OCCUPANCY W:TH DEFICIEIr'CIES 923 RUSSELL ST Ret'. #,� 106156 Residential Class: C r�r��xo,r�� bs�-zh�-va�a ��� � `�� Dear Property Representative: YOUR BUILDING WILL BE REINSPECTED FOR THE DOWNSTAIRS UNIT ONLY AT 12:30 P.M. ON FEBRUARY 6, 2009. Your building was inspected on January 21, 2009 for the renewal of your Fire Certificate of Occupancy. Approval for occupancy will be granted upon compliance with the following deficiency list. The items on the list must be corrected immediately. A reinspection will be made on February 21, 2009 at 1030 A.M. Failure to comply may result in a criminal citation ar the revocation of the Fire Certificate of Occupancy. The Saint Paul Legislative Code requires that no building shall be occupied without a Certificate of Occupancy. The code also provides for the assessment of additional reinspection fees. YOU WILL BE RESPONSIBLE FOR NOTIFYING TENANTS IF ANY OF THE FOLLOWING LIST OF DEFICIENCIES ARE THEIR RESPONSIBILITY. DEFICIENCY LIST 1. 2. 3. 4. Downstairs - MSFC 6Q5.5 - Discontinue use of extension cords used in lieu of permanent wiring.- Various Locations Downstairs - MN Stat. 299F362 - Immediately provide and maintain a smoke detector located outside each sleeping area. Downstairs - SPLC 34.11, SBC 2902.1, SPLC 34.17, MPC 415.0220 - Repair or replace and maintain the plumbing fixture to an operational condition.-Repair or replace and maintain an approyed private toilet. This work may require a permit(s). Call LIEP at (651) 266-9090. Secure toilet ta fhe flooc and caulk around bottom. Downstairs - SPLC 34.23, MSFC ll0.1 - This occupancy is condemned as unsafe or dangerous. This occupancy must not be used until re-inspected and approved by this office. There are people sleeping in the basement and there is also a locked room which the owner could not get access. nFaa�tTMENT SAFETY AND INSPECTIONS Fire Inspcction Drvis�on Robert Kess(er, Uirector D9,. '�2� J 375 Jnckson S(ree(, S�a1c 220 Sa�nt Paul. MN5510/-/806 Downstairs - SPLC 34.19 - Provide access to the insoector to all areas of the buildinQ. G9 6. Downstairs - SPLC - SEC 200.02 - LICENSED REQUIRED . No person shall own harbor keep or maintain in the City any dog over three (3) months of age without a licese. All animals over the age of three months old in the house must be licensed.-December 22, 2008 at 1342 placed a call to Animal Control about pit bull running loose. Do� chased me to the car. I instructed the tenant that her dog needed a licensed as of 1-21-09 1422 no license. 7. Downstairs - SPLC 34.13 (3), SPLC 34.17 (2) - Reduce and maintain the number of occupants in the sleeping rooms to: 1-Bedroom westside 88sqft sleeping two people. 8, Downstairs Apartment- SPLC 34.23, MSFC 110.1 - This occupancy is condemned as unsafe or dangerous. This occupancy must not be used until re-inspected and approved by this office. The tenant first floor is renting rooms in the basement. There is no egress. 9. House - MSFC 605.1- A111ight fixtures shall be maintained with protective globes if originally equipped. 10. House - SPLC 34.09 (3), 34.32 (3) - Provide or repair and maintain the window screens. 1 l. House - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window glass. 12. House - SPLC 34.09 (3), 3432 (3) - Repair and maintain the window in good condition. 13. Upstairs - SPLC 34.10 (7), 3433 (6) - Repair and maintain the floor in an approved manner.-Repair or replace the floor tile. kitchen 14. Upstairs - SPLC 34.10 (4), 34.33 (3) - Provide a bathroom floor impervious to water. 15. Upstairs - SPLC 34.13 (3), SPLC 34.17 (2) - Reduce and maintain the number of occupants in the sleeping rooms to: 1-Bedroom northside 88 sq ft sleeping two. 16. Upstairs - MSFC 605.5 - Discontinue use of extension cords used in lieu of permanent wiring.-Various locations 17. Upstairs - SPLC 3410 (7), 34.33 (6) - Repair and maintain the walls in an approved manner.-Patch the holes and/or cracks in the walls. Paint the wall. 18. Upstairs - SPLC 34.23, MSFC 110.1 - This occupancy is condemned as unsafe or dangerous. This occupancy must not be used until re-inspected and approved by this office. No egress windows- Bedroom eastside 181/2 inches openable width code requires 20 inches. 19. SPLC 34.1 I(6), 3434 (3) - Provide service of heating facility by a licensed contractor which must include a carbon monoxide test. Submit a completed copy of the Saint Paul Fire Mazshal's Existing Fuel Buming Equipment Safety Test Report to this office. 20. SPLC 39.02(c) - Complete and sign the provided smoke detector affidavit and return it to this office. 21. Remove the accumulation of snow or ice from the public and private sidewalk abutting this property. 22. SPLC 34.11 (7), 3434 (4) - Provide additional approved containers or additional pick-ups to meet �--..-..-.,_.._.�_ _.�.,_ - �.._.,�.�-E'-._. �.,,__ �,z1r�m^�'.'.i^"°°a"ra°w_ _�. .._.- _' '_ __' _'_" _-_._-..._.._ _.,..-- . _�._". 23. SPLC 34.08 (1), 34.31 (I )- All exterior property areas shall be maintained free from any accumulation ofrefuse, garbage or feces. � �� � 24• SPLC 34.11 (8), 34.34 (4) - Provide approved garbage containers impervious to weather. 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, call me at 651-266-8983 between 7:30 a.m. - 9:00 a.m. Please help to make Saint Paul a safer place in which to live and work. Sincerely, James Thomas Fire Inspector Ref. # 106156 _ _ . . _ _ _ _ . _ _ _, M-ADA-EEO Employer February 17, 2009 Property Code Hearing Minutes � Page 2 2. Appeal of Marcus Middieton to a Certificate of Occupancy Deficiency List for property at 923 Russell Street. Appellant Mark Middleton appeared. Ms. Shaff stated that the property had been inspected on January 21, 2009 far the Fire Certificate of Occupancy (C of O) renewal and that the inspector had found that the openable width of the egress window in the upstairs bedroom on the east side was 18.5 inches. Ms. Moermond asked whether the height had been measured. Mr. Middleton stated that he believed that the height measurement was 24 inches and that the inspector hadn't been concemed about the height. Ms. Moermond stated that she needed the height measurement in order to decide whether to recommend a variance. Ms. Moermond asked about the condemnation and whether the condemnation was being appealed. Mr. Middleton stated that he would also like to address the condemnation. He said that 13 of the 23 items on the deficiency list had been taken care of based on his eviction of the tenants. He said that the basement egress window met requirements but had been inaccessible to the inspector because the tenant had been renting out the basement and had had a lock installed. He said that the basement was not intended to be used for sleeping. Ms. Moermond stated that that should be a stipulation in the lease. Mr. Middleton stated that he would be using a lease provided by the St. Paul Police Department and would also be using the free criminal background checks for prospective tenants offered by the police department. Ms. Moermond stated that she would request that the egress window height be measured during the re-inspection, and that she would be looking for an overage of 3 inches or twice the amount of the width shortfall. She said that she would recommend a variance if the height was at least 3 inches more than required and would revisit the issue if the height was not 3 inches more than required. Mr. Middleton stated that he needed a couple of days to address the remaining items on the list. Ms. Moermond asked whether Mr. Middleton was hoping to rent the property beginning April 1. Mr. Middleton said that he was. Ms. Moermond stated that she would request the inspector re- measure the windows and let her lrnow the exact dimensions of the openable window space. On March 10, 2009, Inspector Thomas provided Ms. Moermond with the window measurements. The east window had a height of 24 inches and the width was 18 inches. The north window measured at 17 inches and the width was 18 inches. Ms. Moermond recommended denying the appeal on the variance and granted an extension for 60 days to come into compliance on the windows.