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09-818Coancil File #�_�__ Green Sheet # 3072937 RESOLUTION Presented by � NT PAUL, M{NNESOTA �� 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 heard at public hearing on 7uly 15, 2009 hereby memorializes its decision to 3 certify and approve the May 5, 2009 decision of the Legislative Hearing Officer for the following addxess: 4 5 ADDRESS APELLANT 7 1511 Grand Avenue Delores Houle 8 9 Decision: Appeal denied. One month extension granted on the key box and window repairs to prevent 10 windows from falling while open. Five month extension granted for compliance with all other items. If ll window repair and maintenance are 50% complete at five months, an extension is granted to June 30, 12 2010. If windows aze not 50°to complete, one month will be granted for the completion of all windows. 13 Requested by Department oE � Farm Approved by Ciry Attomey By: Adopted by Council: Date � f � j (/ �} Adop�tified o cil cretary ( By: Approv d y a • Date By: Form Approved by Mayor for Submission to Counci] � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet /..r'/�t� � ., � .�, �. DepartmenYOffice/Council: Dateinitiated: GCEeII Sheet NO 3072937 CO —Council 2�.,)UL-09 Contact Person & Phone: DeDartrnent Sent To Person InitiaUDate Marcia Moermond y o oon� 0 6-8570 I onnc7 De ar[mentDirecror �'`� 2 " Clerk Cti Clerk Must Be on Council Agenda by (Date): Number 3 0 For 4 0 Routing �oc.Type:RE50LU710N Order 5 � E-OOCUment Required: Y Document Contact: Mai Vang Contact Phone: 68563 Total # of Signature Pages _(qip All Locations for Signature) Action Requested: Resolution memorializing City Council action taken July 15, 2009 denying the appeal for property at 1511 Grand Avenue. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commissi�n 7. Has this person/firm ever worked under a contrect for this department? CIB Committee Yes No Civil Service Commission 2. Has this personffirtn ever been a city employee? Yes No 3. Does this person/firm possess a skill not normafly possessed by any current city employee? Yes No Exptain ali 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 Approvetl: Total Amount of Trensaction: CostlRevenue Budgeted: Funding Source: Activity Number: Financial Information: (Explain) July 21, 2009 3:49 PM Page 1 t � c�*� o _�� p CITY OF SAINT PAUL �q-�;�� ° �� t � ^` CITY CLERK'S OFFICE April 20, 2009 De{ores Houle 5538 28 Ave. S. Minneapolis, MN 55417 RE: 1511 Grand Ave. Dear Ms. Houle: Your application for an appeal has been received and processed. Please attend the public hearing before the Legislative Hearing Officer on Tuesday, May 5, 2009 at 1:30 p.m. in Room 336 City Hall and Courthouse to consider your appeal concerning the above referenced property. At that time the Legislative Hearing Officer will hear alf parties relative to this action. Failure to appear at the hearing may result in denial of your appeal. Sincerely, �,%��2�/�l � Shari Moore City Clerk cc: Leanna Shaff, DSI (Fire) Phil Owens, DSI (Fire) Marcia Moermond, Legislative Hearing O�cer Jerry Hendrickson, Deputy City Attomey Sanneh S&R, Inc., Owner 15 4VEST KELLOGG BOULEVARD, SUIT'E 310 SATNT PAUI, MINNESOTA55102 Tel: 651-2668688 Fax: 651-266-8574 wwwstpaul.gov M Affumative Action Fqua! Opportumty Empbyer ��l� APPLICATION FOR APPEAL � Saint Paul City Cterk ApR �(J 1p �� i� W. Keliogg Blvd.. 310 City Hall Saint Paul, Minnesota 5�102 � �� Telephone:(6�t)266-8688 1. Address of Propeny being Appealed: �. Number of Dweiling Lnits: 3. Date of L,etter Appealed: /�5`�%! �rR,aNi� �;;�. /� . �009 4. Name of Owner: ' -O�Cr�� ''.�+ s��`'�'' Address: t i✓�'� ,S' aZ �� Ue S City: �State: �� Zip: �� y�� /�Si-d��-�'�.Y�' �/�•7.�,a ��i7 �sr-3y�-�S3,� Phone Numbers: Business Residence Cellulaz Signature:�p�t.�2�t� �c��'��'-4-cr��.'✓� 7S�cxac�z �c�.4 � --lfCe�� 5. Appellant / Applicant (if other than owner): �v-Pr�� %� �� ! y�� Address: �s�`' � b� G%6� � City: State: �d�' Zip: �� sr��66 y2y� � ��si Phone Numbers: Business Residence Cellulu Signature: �.r"F.FO.a /G��-��— 6 State specificaity what is being appealed and why (Use an atcachment if i�ecessary): Ce.�,rc rr� � / � �,yfca �v.c�.. ' � ��' --�.. - �/.> ✓ �/ �'d �"[ ? l "3% ,Qo r .1.� �c � r.� is� �,R �� % �.��,r ,�•�-e� � �� NOTE: A$25.00 filing fee made payeble to the City of Saint Paul must accompany this appiication as a necessazy condition for filmg. You must attach a copy of the ori�nal orders and any other correspondence relative to this appeai Ai�y person unsatis6ed by the final decision of the City Council may obtain judicial review by timely filing of au action as provided by law in Distriet Court. For Office Use Only Date Received: Fee Received: Receipt Number: Date of Hearing: �- - V `-� _ �, �S- C� i l��y ��l � �- �U Re�ised A/2�/30iD 1 : i Sanneh S & R, Inc. 1511 Grand Ave. When we purchased this building it was with the understanding that a fire certificate of occupancy was in progress 5 years ago and thai the previous owner would be responsible to make any corrections necessary to bring it up to code. Items # 1,7,8,9„11,and 13 were all in place at that time s was the current condition of the windows and sash cords. None of these items were cited. We have tried very hard to provide a safe environment for our tenants. We have spent over $250,000 in improvements. This included over $80,000 updating the electric and installing hard wire smoke detectors in every unit. We also installed a new furnace. We installed 3 prone outlets in every living space, kitchen and bathroom. The city did inspect the work and it passed code. Apparently the tenant in unit 7 plugged in a power strip in a 2 prone outlet. We will notify all of our tenants that This is against tire code and not acceptable. The deficiency list states that we need to put in grounded outlets. We already have at least 3 grounded outlets in every unit. I believe for the size of the units that should pass code. I have consulted Standard Electric who did the initial work and he wilt refook at this unit. At this time our bankroll is empty. The requested repairs including the windows, retaining wall, key box , and fire doors would result in a hardship and possibly lost of our buifding. Ano[her vacant building in the city is not what St. Paul needs. We have tried to be contributing citizens to St. Paul. We have assisted NYSP at the University of St Thomas in their summer program and have done other community activities. The requested repairs are simply beyond our financial means at this time. #7. We will recheck the batteries and replace them. #11. The particular system cost approximately $1,400 when it was installed by previous owner. It has never been identified as against code. I would like to continue using this system as it works. Also there was no handout expla+ning what you are requesting. #15. We have hard wired smoke detectors with back up batteries. No afFidavit was induded in the mail. I am also attaching the letter I received in the mail and the envelope. You will note that the letter is dated April 8 and the envelope is postmarked April 15` It also contains what appears to be someone elses' orders. No handout was included in regarding the key box as indicated in #11 nor was there any affidavit as indicated in #15 regarding the smoke detectors. (In response to an email from our property managerJohn Rivera Michael Urmann did email us our list of deficiencies on the 14 of April. It did not include either of the above items.j Thank You for your consideration to this request, ,�� . Delores Houle DEPARTMENT SAPETY AND INSPECTIONS Fse Iuspection Ihvtsian RobertKessler, Drrector M �� r CITY OF SAINT PAUL Christopher B. Cofeman, Mayor API11 t4, 2��9 375Jockron Svee{ Suite 220 Telephone: 657-266-9090 ,4rintppu{ AOJ55T01-7806 SANNEA S&R, INC 5538 28TH AVE S MINNEAPOLIS MN 55406 RE: FIRE CERTIFTCATE OF OCCUPANCX WITH DEFICIENCIE5 I51 I GRAND AVE Ref. # 12313 Residenrial Class: B Dear Properiy Representative: Your building was inspected on April 8, 2009 for the renewal of your Fire Certificate of Occupancy. Approval for occupancy will be granted upon compliance with the foilowing deficiency list. The items on the list must be conected immediately. A reinsnection will be made on Mav 8, 2909 at 11:OOam. Failure ta comply may result in a criminal citation or the revocation of the Fire Certificate of Occupancy. The Saint Paul Legislative Code requires that no building shall be occupied without a Certificate of Occnpancy. The code also provides for the assessment of additional reinspection fees. YOU WILL BE RESPONSIBLE FOR NOTIFYINCf T'ENANTS IF ANY OF THE FOLLOWING LIST OF DEFICIENCIES ARE TF�� RESPfJNSIBtLITY. DEFICIENCY LIST 2. 3. 4. 5. #7 - MSFC 605.1 - Repair or replace damaged electrical fia�t,ures. This work may require a permit(s). Call DSI at {651) 266-9090.-Provide grounded out lets as needed in units for power strips #7 - SPLC 3A.10 {7), 34.33 (6) - Repair and maintain the ceiling in an approved manner. #9 & 12 bathroom - SPLC 34.10 (7), 34.33 (6) - Repair and maintain the ceiling in an approved manner. #9 & 12 bathroom - SPLC 34.10 (7), 34.33 (6) - Repair and maintain the walls in an approved manner. All units - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window sash.-Aii windows must haue sash cords or sash clips in good repair. 6. All units and in 7, 2, 16,19� - SPLC 34,13 (3) (3) Required space in sleeping rooms. In every dwelling unit, every room occupied for sleeping purposes by one (1) occupant shall have a murimum gross floor area of at least seventy (?J) square feet. Ir. every dweliing unit, every rcam occup:ed for sieepi�g purposes by two (2) or more occupants sha11 have a minimum gross floor area af fifty (50) square feet per occupant thereof. Rooming units shali comply with section 3417(2) of this Code.-Discontinue use of the ciosets off the kitchens for bedrooms. D y ,�' � 7. Basement and 2nd floor - MSFC 101 QS - Provide and maintain an approved emergency tighting system. 8. E�terior - SPLC 34.08 (5), 34.31 (3} - P.epair, repiace and maintain all e�terior surfaces on fences, sheds, garages and other accessory structures free from holes and deterioration. Provide and maintain exterior unprotected surfaces painted or protected from the elements.-Replace the retaining wall in the back of the building work may require a pemut. 9. Exterior - SPLC 34.09 (3), 34.32 (3) - Repair and maintain the window sash.-scrap, re glaze, repair, and repaint all window frames sashes and brick mold. 10. Exterior - SPLC 34.09 (3), 34.32 (3) - Provide or repair and rnaintain the window screen. 11. Exterior - MSFC 506.1 - Install a keybox per attached K-i handout.-Replace the key box with an approved undamaged key box 12. Exterior - SPLC 34.09 (3), 3432 (3) - Repair and maintain the window frame.-scrap, re glaze, repair, and repaint ail window frames sashes and brick moid. 13. Hallway and boil room - MSFC 703 - Provide, repair or replace the fire rated door and assembly. The minimum rating must be: 14. SPLC 34.11 (6), 34.34 (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 Marshal's Er,isting Fuel Burning Equipment Safety Test Report to this office. 15. SPLC 39.02(c) - Complete and sign the provided smoke detector affidavit and return it to this office. You have the right to appeal these orders to the Legislarive Hearing Officer. Applications for appeals may be obtained at the City Clerks Office, Room 310, (651-266-8688) and mnst be filed within 10 days of the date of the original orders. If you have any questions, call me at 651-266-8940 between 7:30 a.m. - 9:00 a.m. Please heip to make Saint Paul a safer place in which to live and work. Sincerely, Ivlichael Urmann Fire Inspector Ref. # 12313 May 5, 2009 Property Code Hearing Minutes 11d„ �g Page 5 �� 8. Appeal of Delores Houle, on behalf of Sanneh S& R Inc., to a Certificate of Occupancy Deficiency List for property at 1511 Grand Avenue. Appellant Delores Houle (5538 28` Avenue S., Minneapolis, MN 55417), and John Rivera appeazed. Ms. Shaff gave a staff report. She said that Inspector Urmann had conducted an inspection for the Fire certificate of occupancy and that a number of items were being appealed. Ms. Hou1e refened to the written attachment to the appeal explaining the items being appealed and the reasons for the appeai. Ms. Moermond asked whether all of the units were rented. Mr. Rivera responded that one unit was vacant. Ms. Houle stated that she had misunderstood Item 11 and was appealing the required correction for the key box. She provided a photograph. Ms. Shaff reviewed the photograph of the key box. She said the key box had been painted over and that key boxes were jurisdictionally specific and since it was an older box, it could easily br damaged or broken open with a crowbar. She said it was the departmenYs practice to order new boxes that wexe correct for St. Paul. Ms. Moermond referred to the written appeal which indicated that $250,000 had been spent on upgrades to the property. Ms. Houle stated that they'd spent $80,000 upgrading the electrical, and that there were three grounded outlets in every unit but that one tenant had been using a power strip in an ungrounded outlet at the time of the inspection. She said that that they had replaced the fixmace, put in a new roof drainage system, and replaced some appliances, floars and toilets. She said that the C of O had been pending at the time she purchased the property and that the previous owner had aa eed to take care of any items remaining at the time of sale. She said that the property had passed inspection at that time and none of the current items had been cited during that earlier inspection. Ms. Houle referred to the inspection report and listed the items that had been conected. She said that there were two discrepancies between what the property manager had been told and what was in the inspection report. Mr. Rivera stated that he was told the windows in the two ground-level units would need to be replaced; however this was not in the written report. He was concerned that they would be cited for the windows at a later inspection. He provided photographs. Ms. Houle stated that there were a minimuxn of four windows in every unit with a total of at least 20 windows in the entire building. Ms. Moermond asked whether they received cost estimates far addressing the repairs. Ms. Houle responded that they had. Ms. Moermond asked about the cast for conecting Item 1. Ms. Houle responded that Inspector Urmann told her that the outlet was not in violation but the use was. She said she was not a�vare it was a violarion to use an adapter and that she would instruct the tenants not to use them; however that it would be difficult to enfarce. Ms. Moermond asked Ms. Shaff whether the deparhnent had any recommendations in this situation. Ms. Shaff stated that adapters could not be used and that power strips required a grounded outlet. May 5, 2009 Property Code Hearing Minutes p y,, g I g Page 6 Mr. Rivera asked whether an extension cord could be used with the power strip. Ms. Shaff said that extension cords couid not be used but that power strips with long cards were available. Ms. Moermond asked about the emergency lighting in the basement. Ms. Houle responded that this was done. Ms. Moermond stated that the only items remaining were the key box and the smoke detector affidavit. Ms. Houle responded that they were not initially provided with a copy of the smoke detector affidavit but that they had one now. She said that the key box had passed inspection when they purchased the property. Ms. Moermond stated that either the code or conditions had changed and that it would not be expensive to conect. Ms. Houle stated that conditions had not changed but that it would be corrected. Ms. Moermond asked whether any other items were being appealed. Mr. Rivera stated that they wanted to talk about the retaining wa11. He provided photographs. Ms. Moermond stated that it appeared that some repair was in order and asked Ms. Shaff whetl�er the deadline for the �terior items was the same as far the other items. Ms. Shaff responded that the practice was if the interiar items were completed, more time would be granted for the exterior items. Ms. Moermond responded that this was not explicitly stated in the inspection letter. Ms. Moermond asked what plans had been made for the repair of the retaining wall. Ms. Houle stated that they were getting bids but needed tnore time. Ms. Moermond recommended denying the appeal and granting two months to bring the key box and windows into compliance and six months for all remaining items.