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09-377Council File # �-�j�7 Green Sheet # 3Q68836 RESOLUTION l� SAINT PAUL, MINNESOTA Presented by 1 BE IT RESOLVED, that the Council of fhe City of Saint Paul, based on a review of the legislative 2 hearing record and testunony heazd at public hearing on Mazch 18, 20Q9 hereby memoriaiizes its decision 3 to certify and approve the March 3, 2009 decision of the Legislative Hearing Officer for the following 4 address: 5 6 ADDRESS APELLANT 7 8 1133 Galtier Street Mark Johnson 9 10 Decision: Deny the appeal and a ant an extension for six months to bring the egress windows into 11 compliance. The basement and second floor sleeping rooms remain condemned until the windows are 12 replaced. Carter Harris Stazk Adopted by Council: Date Absent Requested by Department of: Adoption Certified by Council Sectetary l BY� �?i% < sZ� Approve M o Date � / By: � Foxm Approved by City Attorney By: Form Approved by Mayor for Submission to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet /�—�i?� � Departmer�t/0ffice/Councif: Date fnAiated: co -�°°^°�� 20 Green Sheet NO: 3068836 Contact Person 8 Phone- DenaRment Sent To Person InitiaVDate Marcia Moercnond � o oun�;l 0 6-8570 1 ouncil DeoartnentDirector i Assign Z 'ty CI¢rk Ctitv Clerk Must Be on Council Agenda by (Date): Number 3 _ � Routing 4 [ � Ooc.Type:RESOLUTION Order 5 0 E-DOCUment Required: Y Document Contact: Mai Vang Contact Phone: 6-8563 Total # of Signature Pages _(Cfip Ali Locations for Signature) Action Requested: � Resolution memorializing Ciry Council action taken March 18, 2009 denying the appeal and extension granted for property at 1133 Galtier Street, per the recommendation of the Legis]ative Hearing Officer. Recommendations: Approve (A) or Reject (R�: Personal Service Contracts Must Answer the Fo4fowing Questions: Planninq Commission 1. Has this personnrm ever worked under a croniract forthis depadment? CIB Commiriee Yes No CivilService Commission 2. Has thre personlfirm ever been a city employee? Yes No 3. Does this personlfirm possess a skill not normally possessed by a�y curre�t 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: Disadvantages IfApproved: DiSadvantages IF Not Approved: Total Amount of Trensaction: CosURevenue Budgetetl: Funding Source: Activity Number: Financial infnrtnation: (Explain) March 20, 2009 835 AM Page 1 `p+i os R ':' CITY OF SAINT PAUL �I���7 � utlIIIMI� i ��m ���� ��� ° CITY CLERK'S OFFICE February 17, 2009 Mark J. Johnson 3378 Beliaire Ave. White Bear Lake, MN 55110 RE: 1133 Galtier Street Dear Mr. Johnson: Your applicaiion for an appeal has been received and processed. Please attend the public hearing before the Legisiative Hearing Officer on 7uesday, March 3, 2009 at 1:30 p.m. in Room 330 City Hall and Courthouse to consider your appeaf concerning the above referenced property. At that time the Legislative Hearing Officer will hear ail parties relative to this action. Failure to appear at the hearing may result in denial of your appeal. Sincerefy, ����� 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 4VEST KELLOGG BOULEVARD, SUITE 310 SAINT PAUL, MINNESOTA55102 Tel: 651-266-8688 Fa<: 651-266-8574 wwwstpaul.gov M�rmative Action Equal Oppormmty Empioyer d� �3�'I APPLICATION FOR APPEAL Saint Paul City Clerk 15 W. Kellogg Btvd., 310 Ciry Hall Saint Paui, Minnesota SS 1Q2 ..,..�� Telephone: (6�1) 266-8688 1. Address of Property being Appealed: � 2. Number of 11�3 �'�(�re.�` �-� � Units: � 3. D�te of ���� �ti� Cr�� � ���� 4. NameofOwner: /�^ � �./���s Address: .3� � �I �g� � ^ Clty: � � � State: �Zip:`J����% �----�� l Phone Num s: �' �t�'� �� Residence Cellulaz S'�/��� � Signature: 5. Appellant / Applicant (if other than owner): Address: City: State: Zip: Phone Nuinbers: Business Residence Cellulaz Signature: 6 State specifically what as being appealed and why (Use an attachment if necessary}: Ccf� � ���rr; 5 , ��1�A/'�SS� �vr .�Ca� �l�sa� ' �� t ,� �s a/'e ��'� �� 1-��� �+ � . � e ('� �� � �� �e -�6 � -� c� r G e � ' -�� � �, � � `s vcco av� �111� o� �'�Ot�e� �`S ��uuG ve NOTE: A$25.40 filing fee made payable to the City of Saint Paul must accompany this applicat�on as a necessary condiuon for filing. You must attach a copy of the original oiders and any other coaespondence relative to this appeal. Any person unsatisfied by the final dec3sion of the City Council may obtain judicial review by timely filing of an action as provided by law in District Court. Foz Office ilse Only t Date Received: Fee Received: Receipt Number: Date of Hearing: 0`-7 C<%S � Revised 4/25Y2007 DEPAR'Civ1HNT SAFETY AND INSPECTIONS Fire Inspection Division RobeH KessZer, Director Q p 2 ry7 1 J1 � CTTY OF SAINT PAUL Christopher B. Colemarz, Mayor February 9, 2009 MARK 7 JOHNSON 3378 BELLAIRE AVE WHITE BEAR LAKE MN 55110-5629 375JacksonStreet,Suite220 Telephone:657-166-9090 Saix1 Paul, MN 55101-1806 RE: FIl2E CERTIFICATE OB OCCUPANCY ��ITH DFFICIENCIES 1133 GALTIER ST Dear Property Representative: Your building was inspected on February 4, 2009 for the renewal of your Fire Cartificate of Occupancy. Approval for occupancy will be granted upon compliance with the following deficiency list. The items on the list must be conected immediately. A re-insnection wiil be made on Februarv 18, 2009 at 9:30 am . Failure to comply may result in a criminal citation or the revocation of the Fire Certificate of Occupancy. The Saint Paul Legisla&ve Code requires tfiat no building sha11 be occupied without a Certificate of Occupancy. The code also provides for the assessment of additional re-inspection fees. YOU WII,L BE RESPONSTBLE FOR NOTIFYING TENANTS IF ANY OF THE FOLLOWING LIST OF DEFICIENCIES ARE THEIR RESPONSIBILITY. DEFICIENCY LIST Basement - UMC 504.6 - Provide, repair or replace the dryer e�aust duct. Exhaust ducts for domestic clothes dryers shall be constructed of inetal and shail have a smooth interior finish. The exhaust duct shall be a minimum nominal size of four inches (102 mm) in diameter. The enfire exhaust system shall be supported and secured in place. 2. Basement - SPLC 3411 (5), 3434 {2) - Cantact a licensed contractar to repair ar replace the water heater. This work may require a permit(s). Call DSI at (651) 266-9090. 3. Exterior - SPLC 71.01 - The address posted is not visible from street. (HN-i)-Provide reflective numbers or background or ilhuiiinate at night on the front of property and garage. 4. Exterior - SPLC 34.08 (5), 34.31 (3) - Repair, repiace and maintain all exterior surfaces on fences, sheds, garages and other accessory structures free from holes and deteriorarion. Provide and maintain exterior unprotected surfaces painted or pmtected from the elements.-Scrape and paint the gatage. 5. � Exterior - SPLC 34.09 (3), 34.32 {3) - Provide or repair and maintain the window screen.-Replace a11 torn and znissing screens inciuding the front porch. Exterior - SPLC 34.09 (3), 3432 (3) - Repair and maintain the door latch.-Provide a door closure on the front door. 7. Exterior - Remove the accumulation of snow or ice from the public and private sidewalk abufting this property. � �77 8. Interior - SPLC 34.13 (2), {3), SPLC 3417 (2) - Reduce and maintain the nuxnber of occupants in the unit to: 4 9. Interior - SPLC 34.13 (4) - Provide and maintain an approved escape window from each sleeping room. The m;n;mum size must be 5.7 square feet of glazed area with a minimum of 24 inches of openable height aud 20 inches of openable width. Refer to provide handout EW-1 for more information.- 7mmediately discontinue use of the basement and second floor for sleeping until legal egress windows are installed. Remove all fi�rniture and bedding from these areas. 10. Interior - MN State Statute 299F.50 Immediately provide and maintain an approved Carbon Monoxide Alarm in a locafion within ten (10) feet of each sleeping area. Instaliation sha11 be in accordance with manufacturer's instructions.-Provide within 24 hours. 11. Interior - MN Stat. 299F362 - Immediately provide and maintain a smoke detector located outside each sieeping area,-Provide within 24 hours. 12. Interiar - 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 second floor and basement is condemned for sleeping. Immediately discontinue use and remove all fiuniture and bedding from the second floor and basement. 13 14. I5. Interior - MSFC 605.5 - Discontinue use of extension cords used in lieu of permanent wiring. SPLC 3411 (6), 3434 (3) - Provide service of heating facility by a licensed contractor which must inciude a cazbon monoxide test. Submit a completed copy of the Saint Paul Fire Marshal's Existing Fuel Buming Equipment Safety Test Report to tlus office. SPLC 39.02(c) - Complete and sign the provided smoke detector affidavit and retum it to this office. You have the right to appeal these orders to the Legislative Hearing Officer. Applicafions for appeals may be obtained at the City Clerks Office, Room 310, and (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 651-266-8488 between 6:30 a.m. - 8:30 a.m. Please help to make Saint Paul a safer place in which to live and wark. r Sincerely, Lisa Martin u p� Fire Inspector j � S� I��� �,;� �, 3d � ��. b ������ � �� � March 3, 2009 Property Code Hearing Minutes � 3 . 7 � Page 3 3. Appeal of Mazk Johnson to a Certificate of Occupancy Deficiency List for property at 1133 Galtier Street Appellant Mark Johnson appeared. Ms. Shaff stated that the property was inspected for the Fire Certificate of Occupancy and the egress windows on the second floor were measured at 19 inches in openable height and 39 inches in openable width. Ms. Moermond asked what was being appealed. Mr. Johnson stated that the Public Housing Agency (PHA) would no longer pay for the bedrooms that did not have approved egress windows and that his tenants had moved out. He asked whether the windows could be grandfathered in. Ms. Moermond stated that a variance could be applied for but that there were a number of other issues on the inspectaon report. She asked how many windows were 19 inches by 39 inches. Mr. Johnson responded that there were two. Ms. Shaff stated that the main floor had two bedrooms with approved egress windows and that the windows in question were in a second floor bedroom. Mr. Johnson stated that PHA had approved the two areas on the second floor as separate rooms and that one window was in each room. Ms. Shaff asked about the basement. Mr. 7ohnson stated it was not intended as a sleeping area. Ms. Shaff asked about the smoke detectors. Mr. Johnson stated that the battery had been changed on the smoke detector and that the windows were the only item he was appealing. He said that the house was not currently occupied. Ms. Shaff asked whether the house was a four bedroom house. Mr. Johnson responded that it could be but that he had lived in it before it had been rented out and had used it as a three bedroom. Ms. Moermond stated that she was not comfortable with the 19 inches of openable space. She asked how much rent was being collected on the house. Mr. Johnson responded that he was collecting $1,277 including money from Section 8. Ms. Moermond stated that with the amount of rent he was collecting, he should be able to take care of maintenance. She said she would grant six months for bringing the windows into compliance but that the basement and second floor had been condemned for sleepang and could not be used as sleeping areas until the windows were replaced.