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10-224Council File # 10-224 Greeu Sheet # 3099716 RESOLUTION CITY O� SAINT PAUL, MINNESOTA Presented by �/ 1 BE IT RESOLVED, that the Council of the City of 5aint Paul, based on a review of the legislative 2 hearing record and testimony heazd at public hearing on February 17, 2010 hereby memorializes its 3 decision to certify and approve the October 20, 2009 decision of the Legislative Hearing Officer for the 4 following address: 5 6 ADDRESS APELLANT 7 8 927 Universitv Avenue West Benjamin Roberts 9 10 Decision: Appeal denied and extension granted until June 30, 2010 to complete the repairs in the 11 deficiency list, with conditions as described in the Legislative Hearing minutes. Carter Bostrom Helgen Stark Thune Requested by Department of: � Form Approved by City Attomey By: Adopted by Council: Date Adoption Certifi �� Counci ecretary s � u � Approved � Mayor � te D �J By: Form Approved by Mayor for Suhmission to Council By: 1 24 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet DepartmentlOfficelCOUncil: Date Initiated: co -�°°°��� 23 FEB 2010 Green Sheet NO: 3099716 Contact Person & Phai¢: Deoartment Sent To Person InitiaUDate Marcia Moertnond y o onncu � 6-8570 1 oaucil De arm�¢ntDirector Assign Z ' Clerk Ci Clerk Must Be on Council Agenda by (Date): Number 3 � For 4 �� Routing Doc.Type:RESOLU710N Order 5 � E-DOCUment Required: Y Document Contact: Mai Vang Contact Phone: 6-8563 ToW I# of Signature Pages _{Clip All Locations for Signature) Action Requested: Resolution memoria7izing City Council action taken February 17, 2010 denying the appeal and extension granted with conditions for proper[y at 927 University Avenue West. Recommendations: Approve (A) or Reject (R): personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contract for this depaAment? CIB Commiriee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Ooes this personlfirm pessess a skill not �ormally possessed 6y any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (INho, What, When, Where, Why): Advantages If Approved: Disadvantages If Approved: Disadvantages If Not Approved: Toqf Amount of Trensaction: CosNRevenue Budgeted: Funding Source: Activily Number: Financial Infortnation: (F�cplain) February 23, 2010 5:50 AM Page 1 � "�* �� � ` � ��a 9 � „„�;,� ,�, E�� October 8, 20Q9 Benjamin Roberts 1493 Grand Avenue St. Paui, MN 55105 RE: 927 University Ave. W. Dear Mr. Roberts: CITY OF SAINT PAU'L CITY CLERK'S OFP'ICE Your application for an appeal has been received and processed. 10-224 Please attend the pubiic hearing before the Legislative Hearing Officer on Tuesday, October 2D, 20Q9 at 1:30 p.m. in Room 330 City Hal1 and Courthouse to consider your appea{ concerning the above referenced property. Atthattimethe Legisfative Hearing O�cerwill hear alf parties relative to this action. � Failure to appear at the hearing may result in deniaf of your appeal. Sincerely, �" ' � ; ta.r' r � G�L�'�c Shari Moore City Clerk cc: Leanna Shaff, DSI (Fire) Phil Owens, DSI (Fire) Marcia Moermond, Legislative Hearing Officer Jerry Hendrickson, Deputy City Attomey l5 4VEST KELLOGG BOULEVAP.D, SUITE 310 SALt\'T PAUL, MINNESOTA55102 Te1: 651-266-8688 Far,: 651-266-8574 www.stpauI�.gov An Affirmahve AcGOn Eaual Oppomniry Employer 10-224 APPLICATION FOR �.PPEAL ��c����� SaiutPaul City C�erk Q�T Q 15 W. KeIIogg BIvd., 310 City Hall Saint Paul, Ivlinnesofa 55102 ��� � Telephone: (65I) 266-8688 1. :4ddsess of Propercy being Appea�ed: 2. Number of pwelling Units: 3. Daze of Letier Appealed: �'�7 U�' E�; �v�e . U� . 1 � '� 7 _ b � �}. Name of Owner. ti�f � s R�'✓I � 1� (KI1 Address: � �' � � � !� Nc� �v.� CSty; Phone Numbers: Business � , , � r �taTe: �e �7 ��o "�7� r�, � e�fid 5, Appellanl( App�eaile (if t�ther than owner): Phone Nwnbers: Bnsiness City: State: Zip: _ Resideuce CeIlular 5 St2Ye speci�cally �v�at is being a�peal�d' and wk�y (ITse an attachment if necessat3T): �I�,s.,.n.f� '1 — �l/�ri.11h�-,,.n... IAJ�Q�� �T/n �.>.�A,,."� �a��� � , a � w..�. , .,, �, ,., _ . r �� NOTE: A$25.OQ fiiing fee made payable to the City of Saint Paul must a c y tIus ap 'cation as a'�� „� nec.ssary condition #or. filing. I'ou must atcach a copy of the otiginal ozders and any other cosespondence rela�ve � to rhis appeat. Anpperson unsatisfred by the fia�al decision of the City Council may obtain judicial review bp (` timeIy frling of an action as provided by Iaw in District Caurt. «� ate Received: /��8�� � For : Received: I Receipt Number. � Da#e �: �.. � ,�. P ,� � DEPARTMENT OF SAFETX AND INSPECTIONS Fire Inspection Davision 10-224 Robert Kessler, Director CITY OF SAIN`T PAUL Christopher B. Coleman, Mayor 375TacksanStreef, Suite ZZO Te7epleone' 65I-266-8989 SaintPaul,.YLV 55101-1806 Fax: 651-2668951 September 17, 2009 BEN ROBERTS 1493 GRAND AVE ST. PAIJL MN 55105 RE: REFERRAI. 427 UAT:�'ER3ITY AVE'7J Ref. # 17231 Dear Property Representative: An inspection was made of your building on September 17, 2009 in response to a referral. Xou are hereby notified that the following deficiency list must be corrected immediately. A re-inspection will be made on or afterOctober 19; 2QQ9. Failure to aompl� may �esuTt in a criminal-�rtataon� or ievocafion of the Fire Certificate of Occupancy. The Saint Pau1 Legislative Code requires that no building shall be occupied without a Fire Certificate of Occupancy. The code aiso provides for the assessment of additional re-inspection fees. I7EFICIENCY LI5T 1. 927 IJNIT 1- SPLC 34.14 (2), 3434 (5) - Provide an approved electrical service adequate to meet the buildings needs. This work map require a permit(s), call DSI at (651) 266-9090.-Restore electric andlor gas service. 2. MASONARY W.h�.LS - SPLC 34.09 (1) b,c, 34.32 (ij b - Provide and r�aiatain all exte; ioY �aiis free from holes and deteriora�ion. All wood exterior unprotected surfaces must be painted or protected from the elements and maintained in a professional manner free from chipped or peeling paint.-Contact a licensed contractor to repair masonry walls free from bulging and separation. You have Uae right to appeal these orders to the Legislative Hearing O�cer. Applications for appeals may be obtained at the Office of the City Clerk, 310 City Ha11, Ciry/Count7 Courthouse, 15 W Kellogg Blvd, Saint Paul MN 55102. Phone: (651-266-8688) and must be filed within 10 days of the date of the original _._ _. . _ .... _,. � _._. , ,. ;, or ers..-:: -. - Ifryou have any questions; please contactuie at 651-266-$949 between 7i30 a.m. - 3:00 a.m: " ' - Please help to make Saint Paul a safer place in which to live and work. Sincerely, Kris Skow-Fiske Fire Inspector �mail: Kris.Skow-Fiske@ci.stpaul.mn.us DEPARTMENT OF SAFETY AND IN5PBCT1� 224 Fire Inspect�on D�vis�on Robert Kessler, Darector CI� ��' SAINT PA� 375 Jatkson S[reet, Suite 120 Telephone� 651-266-8989 ChristopherB. Co)eman, Mayor SaintPaul,MN55101-1806 P¢s. 65I-26G895] December 18, 2009 BEN ROBERTS 1493 GRAND AVE 5T. PAUL MN 55105 RE: REFERRAL 927 LTNIVERSITY AVE W Re£ # 17231 Dear Property Representative: An inspection was made of your building on September 17, 2009 in response to a referral. You are hereby notified that the following deficiency list must be corrected immediately. A re-inspection will be made on or after December 30, 2009. Failure to compiy may result in a criminal citation or revocation of the Fire Certificate of Occupancy. The Saint Paul Legislative Code requires that no building shall be occupied without a Fire Certificate of Occupancy. The code also provides for the assessment of additional re-inspection fees. DEFICIENCY LIST 927 LTNIT 1- SPLC 34.14 (2), 3434 (S) - Provide an approved electrical service adequate to meet the buildings needs. This work may require a permit(s), call DSI at (651) 266-9090.-Restore electrie andJor gas service. 2. MASONARY WALLS - SPLC 34.09 (1) b,c, 34.32 (1) b,c - Provide and maintain all exterior walls free from holes and deterioration. All wood exterior unprotected surfaces must be painted or protected from the elements and maintained in a professional manner free from chipped or peeling paint.-Provide report to appeals officer and this office. Contact a licensed contractor to repair masonry walls free from bulging and separarion. You have the right to appeal these orders to the Legislative Hearing Officer. Applications for appeals may be obtained at Che Office of the City Clerk, 310 Ciry Hall, CirylCounty Courthouse, I S W Kellogg Blvd, Saint Paul MN 55102. Phone: (651-266-8688) and must be filed within 10 days of the date of the original orders. If you have any questions, email me at: Kris.Skow-Fiske@ci.stpaul.mn.us or call me at 651-266-8949 betweeu 730 am. - 9:00 a.m. Please help to make Saint Paul a safer place in which to live and work. Sineerely, Kris Skow-Fiske Fire Inspectar 10-224 r� I F /M f?Fl1 f � r- sai y :' � �— �� �:. p � ;' � � �, z ��� �, , ! �� � �� � ' � �^� , a � ���' � , ��. I� �i .. �N -. { i � � � ,: Z :� i>; ry � � � ..� � � � � � , A �', ����. �`- "�` � � :-- �,; F � �s �; �! ,�- c,""'� - . �� ,: a � � \V � r s1 t ��� � .v� �: _ �� � . .����"/��O�.,t ;. �N � � � ; - , ����_ i � � � � i �-"� . � t�:�c , �. - �-_ � �-_ , -_ R � _ �.�,.<, _ ._�- �. -`� � � ' �� _- =' ___ _.. µ � _ ` s'a- . � � �r-�,'� x'¢�. ' __i�l.. ° : �"� '_.� .,. _ . : . _ Q y. c� �` � �:' _.�...���^+-i�.'a?„ ' _ '_.. , , ! October 27, 2009 Property Code Minutes 10-224 Page 9 Appeal of Benjamin Roberts to a Certificate of Occupancy Deficiency List for property at 927 University Avenue West. Appellant Benjamin Roberts (1493 Grand Avenue, St. Paul, MN 55105} appeared. Ms. Shaff gave a staff report. She said Inspector Skow-Fiske had conducted a refenal inspection on September 17 and reported that the masonry walls were bulging and separating from the actual sirucCure. Ms. Moermond confirmed with Ms. Shaff that it was a masonry fa�ade and not a masonry wall. Ms. Moermond and Mr. Roberts reviewed the inspector's photographs. Ms. Moermond asked whether the stucco and brick were a faqade over a wood frame. Mr. Roberts stated that he thought it was a brick building but wasn`t sure, and that it had been that way when he purchased it. Ms. Moermond reviewed the orders and noted that one month had been allowed to complete the repairs. Ms. Shaff stated that that was typical and that the inspector would expect that a contractor be consulted and work plan be developed in that amount of time. Ms. Moermond asked Mr. Roberts about the difficulty he had working out a plan with DSI staff. Mr. Roberts stated that the refenal for the inspection had been due to a utility shut off, and the inspector had been out sick for a few days after the inspection had been conducted. He said the wall had been in the same condition for over 20 years and was not rapidly deteriorating as the inspector had reported He stated that he contacted a bullding inspector as instructed but had not heard baok. He reiterated that the wall had been in that condition for a long tnne and said that even if he wanted to improve the wall, time and expense were issues. Ms. Moermond compared the situation to a similar one at Rock of Ages Church at University and Dale, and said there was the possibility that the wall might coilapse. Ms. Shaff said that chicken wire and nails were typically used to suppoR that type of faqade and it could pull a�vay at any time. She said she would accept assurance from a contractor that the wall was stable. Ms. Moemlond asked whether the isslze had been cited at the property in the past. Ms, Shaff said there was nothing in the history. Ms. Moermond said she could not make a determination from the phofos and would like a report from an engineer.Mr. Roberts said he would need to apply for a grant to have the work done; Ms. Moermond suggested a few agencies and organizations that might be able to help. Ms. Moermond asked Mr. Roberts to have a structural engineer look at the wall, and that he develop a work plan. Matter laid over to December 1. 10-224 ricksen oec� 8c �ssociates Strutturzl Engmeers ?>SO Unlcerscy A�enve Wesc Ste 20l-S SamtPaul..Viiwuo[a >ill�1904 Telephone 651-?il-�SiD Facsw�le� 651-?>1-]3]8 PROJECT: DATE OF TRIP: DATE OF REPORT: ER GOMMISSION NO: WEATHER: REASON FOR VISlT: Existing Bui{ding Evaluation 929 University Ave. West December 23, 2004 1:00 pm December 23, 2009 20�9-257 28° F Observation of existing brick fagade REPRESENTATIVES CONTACTED: Ben Roberts — Buildmg Owner Building Information: • Addxess: 927 and 429 University Ave. Wesk Saint Paul, MN 5> 104 • Building was oiigmaily built in 1912 (esttmated by owner). • Owner has owned building since 1981. • Building is 2 story, wood frame construction with brick fapade an Umversity Ave. side 10-224 429 University Ave. W, Existing Building Evaluation 12f23f2009 Page 2 OBSERVATIONS: • The brick below the 2 nd story west window ts bowed out approximately 2". • There is slight bowing below the 2" story east wmdow, 6ut it is significantly less pronounced than the west window. There is a crack visible along the east edge of the window (where the window meets the brick). Brick appeazs to have pulled away from backup structure m this area. 10-224 929 University Ave. W. Existing Building Evaluation 12/23/2009 Page 3 At the southeast corner of the building, the brick faqade appears to have pulled away from the backup structure. There is a crack on the east side of thz building that extends the full height. This crack has caulked in the past and appears to have opened again. • The 6ricks aze generally in fair condirion. Severa] bricks are lighter in color and appear to have some deteriorahon. The mortar joints are in good condifion. There are few cracks and the cracks that aze present are only m limited ateas. The most sevexely bowed area (under ffie west window), did not exhibit any crackmg. Recommendations: • The brick should be re-anchored to the 6ackup shucture to prevent future problems. Further investigarion wili be required to determine the extent of brick that will need repazr and appLOpriate method of repair. It is recommended that a contractor with experience in brick fapade repair be hired to perform further evaluation and repairs. The following is contact information for a local contractor that performs this work: Restoxation Technoligies, Inc. 5301 East River Road. Suite 103 Fridley, MN 55421 ?63-502-2321 w w w. restozal i eniech. com 10-224 929 University Ave. W. Existing Building Evaluation 12l2312009 Fage 4 � Infozmation that should be determined ttuough further invesngat�on: L Verify hackup structure is wood. Determine spacing and configucatioa of backup members for entire 6rick fa�ade. 2. Evaluate structural integrity of backup members and detemune that they bave not been compromised due to water damage. 3. Determine if any brick ties were used to attach the brick ta the backup structure. If ties were ❑sed, evaluate condirion of brick ties. Identify areas where brick ties are still in good condition (if any) and number of squaze feet of brick requmng repair. 4. If there are no brick ries, the entire faqade will need to be re-anchored to the backup sYmcture. Defermine number of square feet of brick that will need to be re-anchoied. • All joints should be re-caulked and sealed afrei repaiis have been comgleted to prevent future water mfilfration. Submitted by, ERLCKSEN ROED AND ASSOCIATES Rebecca Gordon, P.E. 10-224 December 15, 2009 Property Code Minutes Page 9 Appeal of Benjamin Roberts to a Certificate of Occupancy Deficiency List for property at 927 Universitv Avenue West. (Continued from October 27) Appellant Benjamin Roberts appeared. Upon question of Ms. Moermond, Mr. Roberts said he has spoken with a couple of structura] engineers. He referred to two C of O reports he brought with him, one dated 1981 and the other 2009. Mr. Roberts stated while both reports make reference to the masonry wall, nothing states urgency in repairing it, and he had made other improvements to the property including a new roof. Ms. Moermond explained a lot can change to a property in the span of time between 1981 and 20Q9. Mr. Roberts responded that he understands the wall expands and contracts confinually. He said his initial attempt was to secure funding to repair the entire front of his property, and after speaking with many companies, Ericksen, Roed and Associates has the most reasonable rates and willing to work with him. Upon question of Ms. Moermond, Mr. Roberts said Ericksen, Roed and Associates have not yet been out to his property. Ms. Moermond noted that on October 27, 2009, Mr. Roberts stated he would have an engineer out and would contact agencies who may be able to assist with the repairs. She expressed the importance of having the wall looked at by an engineer to determine whether or not it is stable. The inspector's repart states it is not stable and she is very interested in a second opinion. Mr. Roberts said fmances are an issue and while he gets some income from the property, after paying ta�ces and insurance, there isn't much left and this is an area where he carmot get high rent. Upon question of Ms. Moermond, Mr. Roberts said Ericksen, Roed and Associates will charge him between $500 tQ $1,000 £or them to prepare an engineer report and if the report states it needs to be repaired, he wi11 obtain financing. Ms. Moermond stated right now she has the city inspector's report stating the wall is dangerous and needs to be repaired, and what she needs from Mr. Roberts is a report that would indicate it is not a problem. She expressed concern that it had been seven weeks since he said he would have this done. Ms. Moermond requested Mr. Robert's obtain an engineer's report regarding the masonry walls and submit it to her within two weeks so she could review the report with the city engineer and obtain his opinion. With that information, she would then make a recommendarion concerning the appeal. On February 10, 2010, Ms. Moermond indicated that based on a private engineering report provided by the appellant, and the report's subsequent review by qualified City staff, she recommended denying the appeal and granting until June 30, 2Q 10 to come into compliance with the Code by re- anchoring the brick farade to the backup structure. This work is to be completed by a corstractar with experience in brick faqade repair. The contractor shall: 1) verify that the backup structure is wood; 2) determine spacing and configuration of backup members for entire brick fa�ade; 3) evaluate structural integrity of backup members and determine that the have not been compromised due to water damage; and 4) determine if any brick ties were used to attach the brick to the backup structure, and evaluate their condition. 10-224 December 15, 2009 Property Code Minutes Page 10 Based on this assessment, a work plan shall be developed and submitted to the Department of Safety and Inspections for review as part of the building permit application process. This work plan shall outline the contractor s proposed approach to repairing and re-attaching the wall; and inclnde re-caulking and sealing after repairs have been completed to prevent future water infiltration. If, in the cowse of repairing and re-attaching the wall, unforeseen obstacles to timely completion of the work arise, a written request outlining these problems and indicating the additional time needed shall be submitted to the Legislative Hearing Officer. This request shall be reviewed in a Legislative Hearing where staffreports and additional testimony from the huilding owner and contractor will be heard. The Legislative Hearing Officer will then develop a recommendation for consideration by the City Council.