89-192 WFtITE - CITV CLERK COUACll
17}NK - FINANCE G I TY O F SA I NT PA U L /
CANARV .)OEPARTMENT File NO• �__ ` �� _
BLUE - MAVOR
C uncil Resolution ��
Presented By �' �`���`'� �
Referred To Committee: Date
Out of Committee By Date
BE Ir RES LVEU, That the Council of the City of Saint Paul
hereby certifi s and approves the action of the City of Saint
Paul 6oard of ppeals And Review pertaining to the following
listed propert. and as shown by the Excerpted Minutes of said
Board of Appea s and Review, dated December 13, 1988, and marked
EXHIf3IT A, and attached hereto and made a part hereof by ` •
reference: �
J!'
DATE OF BOARU � , ,.... � 9
M I NUTES ASE NO: F'ROPER7Y APPEALED APPELLAN'�� �� .
��,..
12/ 13/88 23-88-H 4U3 Laurel Ave. Rabert Buntz '� �`
f30ARD ACTION: Granted a variance on the fence height.
PROPERTY DESCR PTIUN: Cochran' s Subdivision of
and addition to 81ock 11
Woodland Park Addition
Lot 5 Bik 11
�
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12/ 13/8�i 128-88-H 719 Wilson Ave. Ed Kurkowski
BUARU ACTIUN: Granted a variance on having to pass through
bedroom to get to another room, with the condition
that there be no locks placed on the door.
PROPERTY DESCR P1"IUN: Wilder & Dodge's
Subdivision of Block 48
Lyman Dayton's Addition to
St. Paul
Lot 17 Blk 2
COUNCIL MEMBERS Requested by Department of:
Yeas Nays �
Dimond
�� In Favor
ce►switz
/
�6e�,'bej , Against BY ' J
Sonnen ''
Wilson
Form A by City Atto y
Adopted by Council: Dat
Certified Passed by Council Se retary BY
� ` �7"' �j�
By
A►pproved by Mavor: Date 1 Approve by May for Submission to Co�
BY y -�
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C� $�
DATE OF BOARD
MINUTES CASE NO: PROPERTY APPEALED APPELLANT
12/ 13/88 i 125-88-H 670 Robert St. Norton Residence
Susan Prettner
BOARD ACTION: Granted a variance on the bath facilities
with the condition that there be a cap of 30
occupants on each f1oor.
PROPERTY DESCR PTION. Randall ' s Addition to St. Paul
in the City of St. Paul
revised land description
No 801 a specific part
of Block 4
Lambert & Cos add and
part S.W. Sec 31-29
R-22 & part of Blk 3
----------------------------------
12/13/88 122- 8-H 1596 Hewitt Ave. Rachel Nelson
BOARD ACTION: Granted a variance on the ceiling heights
' in basement sleeping rooms for the life of
the building.
PROPERTY DESCRIPTION: College Place, West
' Division
Lot 4 Blk 1
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.. WMITE - CiTV CIERK /�-
RINK - FINANCE � GITY OF SAINT PAUL Council `/� /�
� CANARV +DEPARTMEN7 � /Y)�/J��/�/J
BLUE - MAVOR File NO. V ' I I � -
Council Resolution
Presented By
Referred To Committee: Date
Out of Committee By Date
! and be it
FURTHER RE OLVED, That upon passage of this resalutican th�
City Gierk, is �ereby autharized an� directed �o transmtt r� cc.�pY
of this resolut on for recording to the Ramsey County Office of
the Register of Deeds.
COUNCIL MEMBERS Requested by Department of:
Yeas Nays �
Dimond
�� In Favor
Goswicz
scheibe� �__ A gai n s t BY '
Sonnen
Wilson
� �ES — � 198� Form rove by City tt y
Adopted by Council: Date
t �_ !, �
Certified Pa s cil S By—
By
A►pprov 6 1�lavor: Date �- ' �� 3 Approved Mayor bmi 'on to Council
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By
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STA1�E OF MINNESOTA )
Cdunty of Ramsey ) ss.
CIT� OF SAINT PAUI.. )
� I� . . .Albert,B: O1son . . .. .. . . .. . . . . .. . . . . . .City Clerk of the
�
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� Cit� of Saint Paul, Minnesota, do hereby certify that I have
�
� com�ared the attached copy of Council File No. .89.192
as �dopted by the City Council... ,February.2. . .. . . . . . . . . .19. 89. . .
February 6:
andlapproved by the Mayor. . . . .. . . . . . . . . . . . . . . . . . .. . .I9. 89. . .
wit� the original thereof on file in my office.
I further certify that said copy is a true and correct copy
of said original and the whole thereaf.
WITNESS my hand and the seal of the City of Saint Paul,
Mi�nesota this . . . . , llth, , ,, , day of . . . . . �tober , , , , ,A.D. 19.89 .
' . . . . . . �:����. �: L-.�����'!�c'. . . . . . . . . . . .
>�_,.�
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WMI?E - UTV CLERK � COUIICII
�:NK � - FINANCE C I TY OF SA I NT PAU L /
BLUERY - MAVOqTMENT File NO. �__ ` ��
� � v C uncil Resolution �;,-�:
_ �
Presented By '�'`�� E��� �`"
Referred To Committee: Date
Out of Committee By Date
L' BE IT RESOL EU, That the Council of the City of Saint Paul
� hereb certifies and approves the action of the City of Saint
,,� Paul Board of Ap eals And Revier�r pertaining to the following
` listed property and as shown by the Excerpted Minutes of said
7� Board of Appeals and Review, dated December 13, 1988, and marked
EXHIE3IT A, and a tached hereto and made a part hereof by ' •
C� reference: - .',�
.,,.�'
�_,` UATE OF BOARD ; �, ,
MINUI"E5 CA-E N��: PROPER7Y APPEALED APFEI.LANT-� : ✓
12/13/88 123-88-H 4U3 Laurel Ave. Robert Buntz ' wY
BOARD ACTION: Granted a variance on the fence height.
PROPERTY DESCF2TP71UN: Cochran' s Subdivision of
� and addition to Block 11
Woodland Park Addition
Lot 5 Bik 11
12/13/8F� 128-88-H 719 Wilson Ave. Ed Kurkowski
BUARU AC7ION: C�ranted a variance on having to pass through
edroom to get to another room. with the condition
hat there be no locks placed on the door.
PROPERTY DESCRI TIUN: Wilder & Uodge's
Subdivision of Block 48
Lyman Dayton's Addition to
St. Paul
Lot 17 Blk 2
COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond
Lo�g In Favor
���
Rettman '
scne;be� ' A gai n s t BY � '
Sonnen
Wilson
Form A by City Atto , y
Adopted by Council: Date
� " l.�' sj�,!
Certified Passed by Council Secr tary BY I
By�
Approved by Mavor: Date 1 Approve by May for ubmission to Council
By y `��
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DATE OF BOARD
MINUTES C SE NO: PROPERTY APPEALED APPELLANT
L�
� 12/13/88 !125-88-H 670 Robert St. Norton Residence
`'�„�„ Susan Prettner
�
�7 BOARD ACTION: G anted a variance on the bath facilities
(�j with the condition that there be a cap of 30
o cupants on each floor.
PROPERTY DESCRIP�fION: Randall ' s Addition to St. Paul
� in the City of St. Paul
revised land description
No 801 a specific part
of Block 4
Lambert & Cos add and
part S.W. Sec 31-29
R-22 & part of Blk 3
12/13/88 122-88�-H 1596 Hewitt Ave. Rachel Nelson
BOARD ACTION: ranted a variance on the ceiling heights
in basement sleeping rooms for the life of
he building.
PROPERTY DE5CRI�ITION: College Place, West
Division
Lot 4 Blk 1
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wM�TE, — CiTV CIERK COURCII �/Y/�
F�INK - FINANCE G I TY O F SA I NT PA ZT L /]
CANARY� DEPARTMEN7 File �O. ✓ �-���
BIUE �MAVOF
� " ~ Council Resol�tion
Presented By
Referred To Committee: Date
Out of Committee By Date
� and be it
�
� FURTHER RE OLVtD, That upon pasGage of this resolution the
� . C i ty C.1 erk. i s h�re�,y author� i�eci an� d i r�4ted tv transm 1�k z� c��Ry. _
� of this resolution for recording to the Ramsey �ounty Office of
the Register of Deeds .
COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond
+�+�� in Favor
Goswitz
Rettman B ,
�be1�� � Against Y
Sonnen
Wilson
��� — � 1��� Form rove by City,Attqj ey
Adopted by Council: Date `
� �
Certified Pa s cil S By_ �` l— l� �
By .
I�t�`
Approv b Mavor: Date � 3 Approved Mayor bmi 'on to Council
By
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I SA I NT PAUL BUARU OF APPEALS & REV I EW �X�.l� �7 �
555 Cedar Street
5aint Paul . Minnesota 55101
�,7 (b1Z ) 292-7775
� I MINUTES, MEETING OF DECEMBER 13 , 1988
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� MtMBERS PRE�ENT: Ron Glassman, Chairman �
� Sean M. Carey
` Harold Knutson
David Schultz
Robert L . Viering
MEMBERS ABS�NT : William Tilton
OTHERS PRES�NT: Pat Fish. St. Paul Fire Prevention
Hope Abrams , St. Paul Fire Prevention
Sherry Webb, St. Paul Fire Prevention
Steve Zaccard, St. Paul Fire Prevention
Jim Prill , Div. of Public Health
Carolyn Sheppard, Div. of Public Health
John Betz, Div. of Public Health
Karen Christofferson, Gov't Affairs Dir.
Rachel Nelson Greg Grose
Theadore Kvasnik John Czerminger
Charles Laurent Bob Dahl
F2obert Buntz
STAF�F : I Josephine P. Bongiovanni
Chairman Gllassman called the meeting to order at 1 :35 p.m.
December 13, 1988. He welcomed the appellants and explained the
procedures, lIs-tating that what the board does is recommends action
to the City �ouncil .
1 . Approvallof minutes of the November 8, 1988 meeting as
submitte�i in writing.
David Schul�tz moved approval of the minutes of the November 8.
1988 meeting. Motion seconded by Robert Viering. MOTION CARRIED
UNANIMOUSLY. II
Chairman G�assman, stated that Councilmember Kiki Sonnen
suggested t at the City Attorney attend the meetings of the
Board. This ts a issue for the Board to decide. Mr. Glassman
thought it Iwas a good idea. Paul McCloskey, from the City
Attorney's bffice called Mr. Glassmen today and he does not
really feel �t necessary to attend. Mr. McCloskey stated that he
was a phone �all away and could be there at a moments notice.
Mr. McCloske�, stated that he would like the Board to discuss the
issue at theimeeting, then get back with him.
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L7 M� . Robert Viering, stated that ifi the City Attorney was near at
� hand and could be c�ntacted at a moments notice then it wouid be
`' agreeable. As long as Mr. McCloskey recieves a packet with ali
� the intormation regarding all the cases for review. Af=ter
L7 revinwing a } I cases , ifi an,y questions do arise, then he would
;� attend the meeting.
All t�oard members agreed. that if Mr. McCloskey was available at a
moments notice. then it was not necessary to actuaily attend the
meeting.
Chairman Glassman suggested a letter be written to Mr. McCloskey
statin� that the Board fieels it is not necessary to physically
attend the meetings , as long as the board knows that Mr.
McCloskey can be reached. If a guestions arises then Mr.
McCloskey would attend the meeting, or if the board specifically
requests him to be present.
--------------------
Chairrnan Glassman, `informed the board that on November 30, he
was requested to attend the Committee of Public Works meeting,
where the issue of rainleaders was discussed.
At the meeting Mr . Glassman was informed that the Board of
Appeals and Review never had the authority to hear any of the
cases pertaining to rainleaders. Evidentally, when in drafting of
the resolution for the Rainleader Disconnect Program it left
final discretion with the Sewer Departrnent and absolutely no
appeals process. Out of this meeting came some motions .
Councilmember Rettman was extremely heipful and is very concerned
about this matter.
Chairman Glassman, stated that Jerry Segal from City Attorney's
office was requested to re-draft the ordinance giving the Board
appeals process .
After Mr. Glassman explained to the Committee how the Board did
deny almost all appeals, (only because the board was told they had
to) . Mr. Glassman stated that he suggested that all those who
were denied would be reviewed again.
The Councii will give the board a line of direction pertaining to
rehearing these cases again. As of now, the Board can not hear
any rainleader requests.
Chairman Glassman, stated that he had a discussion with
Councilmember Rettman, and it was suggested that once the
Ordinance was amended, the Board would be wiliing to review
al ) the cases that were previously denied. The board was in the
agreement to review all the denied cases.
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Mr. t� lassma suggested that a letter be sent to ��ounci )member
Rettman telling her that the Board is in accord to rehear the
L' cases that w�re denied.
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� Chairman Glalssman invited 5teve Zaccard. Fire Marshall to attend
l7 the meetin'� to discuss Fire Sprinkler Systems for new
C� construct i onl of property.
Steve Zaccarld, Fire Marshall reflecting on the minutes, of the
November 8. I l988 meeting, wou)d like to clear up, what may be a
misunderstar�ding. Council passed two resolutions regarding
sprinkilers ,i one was to require that all city funded new
constructio should be sprinkler. This was later replaced with
one that ha�d the same stipulation, except that it exernpted one
and two s�ory commercial occupancy. The requirement wouid
include an new residential construction funded by the authority
of the cit , including single family dwellings, which is what
Fire Depar�ment feels is needed the most. In the City of St.
Paul , and ali across the country most the peopie who lose their
life in a filre is where they live.
,
In order o effect the fire probiem in St. Paul , we need to
improve fi�e safety in the home, the City Council passed this
resolution. l The other one requires that the Fire Department go
to the St�te Legislature and try to get legislation that will
enable the f� ire department to make this a matter of code, at the
present ti e no local jurisdiction can exceed the state building
code. Sp�Iinklering a new construction would exceed state
building cd�de requirements . In order to make this a code Fire
Prevention �ouid have �o go to the state.
Both resol tions have been passed, the first resolutions
effective ate is May lst, in the meantime. the Mayor has
established a Task Force, for all interested, in this subject to
work out ho� it wouid be implemented. First meeting took place
this week, which included Steve Zaccard, Karen Christofferson,
Builders, evelopers, Building Officiais, and City Department of
PED, worki g on issue5 which constitutes new construction. The
next meetin will be considering the cost, Sprinklers have never
been done i � the City of St. Paul .
Karen ChriIs� tofferson, Gov't Affairs Dir. , St. Paul Board
Realtors s�tated the Bd of Reaitors support this . The Fire
Department I worked with the Bd of Realtors for about a year and
half suppor�ting hard wired smoke detectors.
The St. aul Bd of Realtors i.s concerned that they never were
notified. The two resolutions were passed by the Council , but
were vetoe by the Mayor. Of the Resolutions that were vetoed,
the first one _CF. 88-990 instructs the Mayor's Office to take
forward his 1989 legislative pack,age enabling a request from the
State Legi�lature that would require Sprinkler System in all new
constructi n. The items the task force wiil be dealing with is;
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What is new construction? and What is public funding? The second
reso) ution deals with public financing, what the Council was
looking for was a mechanism to start to enforce this resolution
�' without enabling legislation. The Task Force went to the Mayor
d, and the Council and requested a hold be put on the on the
,� resolution because the city acted to quickly without input.
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�.•� lnsurance companies have been known to offer discounts for the
L7 home that have sprinklers systems.
�
Steve Zaccard stated that in terms of legislation, one of the
commmitments made before going to the legislature was to work
with Karen's group and the Builders Owners Manuel Ass'n on
developing the kind of legislation that would be taken to the
Legislature.
The Task Force wiil be meeting to discuss the cost factor.
Sean Carey, working as ,�a fire adjustor, agree that Sprinklers are
very important in homes, helping to safe lives.
A new Ordinance went into affect on November 22, 1988 on Hard
Wired Smoke Detectors . When the Truth and Housing Evaluation is
filed, which is public information .then the Fire Department will
enforce that portion of the code.
2. CASE NO: PROPERTY APPEALED APPELLANT
107-88-H 1743 Ames Ave. John G. Klecatsky
(Commercial
APPEARANCE : NONE
SUBJECT: Sherry Webb, from Fire Prevention requested that the
case be held over for one month for clarification on fire code.
Case was resolved.
BOARD ACTION: Board moved to refund the filing fee.
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108-88-H 219U Marshall Ave. Theodore Kvasnik V
� (Commercial ) �� .
L'� � .
� SUBJ�.Cf : Th Board at the November 8, 1988 meeting requested
� that the c se be laid over to the December meeting. � The
�„� Appellant w�s to conrer with the Water Department to see if it
�,7 was feasible� to install a sprinkler system.
C�2
Case was re�oived before the meeting with Steve Zaccard, Fire
Marshall .
BOARD ACTIU�N: Motion made by David Schultz to refund the filing
fee. 5econdled by Robert Viering. MOTION CARRIED UNANIMOUSLY .
---j-------------------------------------------
1L1-88-H I 554 Edmund Ave. John Czerminger
(Vacant Bidg. )
APPEARANCE : IJohn Czerminger
Sl16JECT: Ap�ellant is requesting a waiver of the Registration Fee
on a vacant building because of financial hardship as per letter
dated Octob�r 12, 1988.
PROCEEUINGS The appellant is requesting a waiver of the vacant
building f e, because financially he cannot afford to pay the
fee. The b�ilding had a fire in it.
Jim Prill . jfrom_ Div. of Public Health stated that the building
has been va�ant since April . City has done work on the building.
Fees are inithe amount of $230. 00.
Insurance �ompany paid off the mortgage. The appellant had a
deferred lpan (rehab money) in the amount of $13,000. 00 which
needs to belpaid off.
Sean Carey �Stated that 1010 University, where loan was approved,
should havelbeen insured. He advised the Appellant to seek legal
aid. I
BOARD ACTION: Motion made by Sean Carey to deny the waiver of
the vacan building fee of $230.00, and freeze the additional
fee for tl�e next 30 days, so as to allow the appellant to work
with the i surance company. Seconded by Harold Knutson. MOTION
CARRIED UN NIMOUSLY.
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t7' 123-88-H 4U3 Laurel Ave. Robert Buntz
� ( 1 unit )
`� APPEARANCE : Robert Buntz
SUBJECT: Appellant is requesting a variance from St. Paul
Legislative Code pertaining to fence height.
BOARD ACT10N: Motion made by David Schultz to grant a variance on
thz fenc� 1-��i�3ht. '��c+�rnded b_y Har�?i�1 I�nut�;�n. MC.�T J��N i::�1RR 1 EC1
UNANIMOUSLY.
---------------------------------------------
12t3-88-H 719 Wilson St. Edward Kurkowski
(5 units)
APPEARANCE: None
SUBJECT: Appellant is requesting a variance from St. Paul
Legislative Code pertaining to passing through a bedroom
to get to another room as per letter dated October 10, 1988.
PROCEEDINGS: Pat Fish, from Fire Prevention stated that there is
no objection to the arrangement as long as the doors have no
locks on them.
BOARD ACTION: Motion made by Ron Glassman to grant a variance on
the having to pass through a bedroom to get to another room, as
long as the doors have no locks. Seconded by David Schultz.
MOTION CARRIED UNANIMOUSLY.
---------------------------------------------
120-88-H 537/539 Ohio St. Robert G. Dahl
(4 units)
APPEARANCE: Robert G. Dahi
SUBJECT: Appellant is requesting an extension of time to do the
necessary repairs, pertaining to repairing the roof and ceiling;
also installing additional etectrical outlets in all rooms.
as per letter dated September 20, 1988.
PROCEEDINGS: The appellant would like an extension of one year
to do the roof and ceiling. He stated that he purchased the
building three years ago and only have a cash flow of about
$1 , U00.00 per year financially he cannot do the repairs at this
time.
Pat Fish. from Fire Prevention stated that the piaster is loose
and could fali down and maybe hurt someone.
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� Sean Carey istated that the insurance should cover the ceiling �W
� dama�e. i Y
7 BOAf2D AC7IC�N• Motion made by Harold Knutson to grant an
� extension of time for Ei months (June 1 , 1989) to do the repairs
to the roaf and ceiling, also installing the extra electrical
outlets . 5�conded by Uavid Schultz.
Yeas (q) Nays ( 1 ) Carey Abstention (0)
--�-----------------------------------------------
112-88-H 1735 Dayton Ave Charles Laurents
(4 units)
APPEARANCE : !Charles Laurents
SUBJECT: A�pellant is requesting a variance from St. Paul
Legislativelcode pertaining to having to provide exit stairs from
third floorjto gradelevel as per letter dated August 8, 1988.
PROCEED-INGS�� The third floor unit is rented by two students. The
appellant fhas owned the building since 1972. The appellant
passed arod�nd a letter from Fridholm Construction Co. , that
showed a bad of $6,553.00 to install a stairway on the west side
of the buil�ling from the third floor to grade.
Pat Fish, �IFrom Fire Prevention stated that it is code to have a
2nd exit frim the third floor to grade.
BOARD ACTI N: Motion made by David Schultz to deny the variance
on the 2n� exit from third floor to grade, instead give an
extension o time for 6 months (June 1 , 1989) . Second by Harold
Knutson. M�TION CARRIED UNANIMOUSLY.
-�----------------------------------------------
119-88-H 2259 Rockwood Place Stuart Corporation
( 168 units) Jeffrey L. Gross
APPEARANCE:I NONE
SUBJECT: ppellant is requesting a variance on the requirernent
of having o install additional smake detectors in hal )ways as
per letter dated September 27, 1988
Case resol �ed.
BOARD ACTI N: Board moved to refund filing fee.
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� 129-8t3-H /O ! Jenks Ave. Lothar Horn
L'� ( 1 unit)
:�
SUBJECT: Appellant is requesting a variance on rainleader in
the rear of house, as per letter dated June 1 , 1988.
Case is being held in suspense for clarification on ordinance.
---------------------------------------------
. 1"L7-88-H 654 Fairmount Ave. Elizabeth M. Gotz
( 1 unit)
SUBJECT: Appellant is requesting a variance on one rainleader,
because it could create a water problem in basement and on sidewalk
due to small front yard.
Case being held in suspense for clarification on ordinance.
---------------------------------------------
67-88-H 1697 Ford Parkway Gene H. Rosenblum
( 1 unit)
SUBJECT: Appellant is requesting a variance on the rainleader
disconnect requirement, as it will cause undue hardship owing to
the unique circumstances of the location of the rainleaders on
the property.
Case being held in suspense for clarification on ordinance.
---------------------------------------------
124-88-H 71 E. Baker St. JTI Properties
( 1 unit) Midwest Federal
J. Deputy
SUBJECT: Appellant is requesting an extension of time to do the
necessary repairs to the property regarding rear concrete steps,
hole in roof, front entry way door jams, front porch supports,
replace light fixture in bathroom, improper plumbing, entry door
latching device, dining room ceiling, broken thermostat, exterior
and interior handrails, repair smoke detectors, leaking sink
drain, as per letter dated October 20, 1988.
Case resolved with the inspector.
BOARD ACTION: Board moved to refund the filing fee.
---------------------------------------------
� ��
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�r� 125-88-H � b70 N . kobert St. Emma Norton Residence
�a , (3y units) Susan Nicholas-Prettner
�
� APPEARANCE : �usan Prettner
� '
SUBJECT: Ap�ellant is requesting a variance on bathroom
facilities ; �lso food handling equipment on floor of the store
room as per letter dated October 4, 1988.
PROCEEDINGS: � This is a non-profit agency that houses women of low
income, who �re in training programs of voacational prograrns. It
is a room 8 t�orad facility and the charge is 225.00 per month for
each tenant}� If there is a reduction to 20 persons, and do
provide thel service it wou}d be impossible to continue to
operate. G�nerally, there is never fuli occupancy, which would
be 72. Pr�sently there are 58 persons. Average stay could be
about 4 montN�s.
Suggested b� Ron Glassman to maybe limit the occupancy to 30 on
each floor. '
Carolyn Shep�rd, stated that this would be the boards decision.
Code is 5 pe�sons per bath.
� ��. � f1��!:i��r� trr�rJ� tr�y U�*�i r.1 'd;r_t�u 1 t� tr� c_7��a��t � va�•i��ir_•F �.r�
the bath fa ilities with the provisions that there be a cap of
only 30 oc�upants on each fioor. Seconded by Harold Knutson.
MOTION CARRI�D UNANIMOl15LY.
--t------------------------------------
126-88-H , 189 1/2 E. 7th St. Gayle` E. Stangeland
(23 units)
SUBJECT: Ap ellant is requesting a variance on the number
of handsinks as per letter dated October 7, 1988.
Appellant re uested a postponement to January meeting.
-- -----------------_------------------------
122-88-H ', 1596 Hew�tt Ave Rachel Nelson
' ( 1 unit) William Totten
j
APPEARANCE : �tachel Nelson
SUBJECT: Ap�bellant is re�esting a variance on ceiling
heights in 2ibe�lrooms , as per letter dated September 2, 1988.
PROCEEDINGS: ; There has been extensive work done on the building
and was apprqved with Fire. When Ms. Shepard came to inspect the
property the� cited us for low ceilings in the basement ceilings.
� �
1 �
BOARD ACTIUN: Motion made by David Schultz to grant a variance �
on the ceiling heights in the basement bedrooms for the life of �
the building. N
�
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iA
93-88-H 30 E 7th St. W��t�l ��! Tt���J? Grt�tri• �
and
376 Jackson St. Galtier Plaza
SUBJECT: The case was before the Board on October 11 , 1988.
Board requested it be laid over 3U days. In November the
Appellan� requested a postponement to the December meeting.
Appell�nt requested a postponement t� the Januar�r mee�in�.
----------------------------------------------
There being no further business, the meeting adjourned at 3 :00
p.m.
��
. . . . � � / rL I � ..
� - " 1V° �13884
��J� BOARD OF APPEALS & REVTEt+�EPARTl�IaT ^ - - -�--- -
Jose hine P. Bon i vanni CONTACT NA�IIi . , . ,.
292-7775 PHONE
January 18, 1989 _ DATE . '
ASSIGN Nt�MBE� FO ORDER: (Sea revarse side.)
�Department Direct 3 Mayor (or Assiatant)
Finance and lrtanage ent Services Director 4 Cit� Clerk
� Budget Director _ City Council
2 City Attorney
T T (Clip all •locations for signature.)
V T N ? CFurgose/Rationale)
,
Approving the act ons of the Board of Appeals & Review of the minutes
of the December 1 , 1988 meeting.
4 variances
CST T UG N C
N/A
FN CN BRC D:
(Mayor's signature not required if under $10,000.)
Total Amount of Tran �ction: n/a Activity Number: n/.a
Funding Source: n/a
ATTACHMENTS: (List an number all attachments.> Council Research Center
one r� olution with minutes attached. JAN 2 51989
AD �1S ' Y F
_Yes _No Rule , Regulations, Procedures, or Budgat Amendment required?
_Yes _No If �n s, are tttey or timetable attached?
DEPAR.TlIENT REVIEW CITY ATTORNEY R�VIEW
_Yes _No Counci resolution requiredP Resolution required? _,Yes _No
_Yes _No Insura ce required? Insurance sufficient? _Yes _No
_Yss ,_No Insura ce attached�
. . . . " ki':,A:�....
�4.
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80W �Q IISE TNE GREfiN SHSET � .
The GREEN SHEET 13as th�cae: �U�PO,S�: .
1. to assist in rontit�':�lt��oients and in se�uting required signatures;
2. to brief the revie�ers of :documents on the impacts of approval;
3. ta he2p ensure tY►a��t nlicai�sary supporting a�terials ara prepazed and. if required,
� attached. .
Providing complete information under the listsd headings enables rsvie�ers to make
decisions on the documants and eliminates follo�-up contacts that may delay execution.
Below is the p�eferred ROtTTING for the five most frequent types of do�vms�tss
CQNTRACTS (assumes suthorized budget exists)
1. Outside Agency 4. Mapor
2. Initiating Depar�ment 5. Finance Director
3. City Attorney 6. Finance Accounting
Note: If a CONTRACT amount is less than $10,000, the Mayor's signature is not required,
if the department director signs. A contract must el�ays be signed by the outside agency
, before routing through City offices.
A1IMINISTRATIVE ORDER (Budget Renision) ADMINISTRATIVE ORDER (all others)
.1. Activity Manager 1. Initiating Department
2. Department .Accountant 2. City Attorney
3. Department Director 3. Mayor/Assistant
4. Budget Director 4. City Clerk �
5. City Clerk
' 6. Chief Accountant, Finance and Management Ser�rices
COITNCIL RESOLUTION (Budget Amendment/Grant Acceptance) COUNCIL RLSOLIITION (all others)
1. Department Director 1. Department Director
2. Budget Director 2. City Attorney
3. City Attorney 3. Mayox/Assistant
4. Mayor/Assistant 4. City Clerk
5. Chair, Finance, Mgmt. , and Pers. Cte. 5. Citq Council
6. City Clerk
7. Citq Council
8. Chief Accouatant, Fin�ncs aad lda�agemant Services
The COST,�BENEFIT. BIIDGETARY. AND PE�SOi�eiEL INPACTS haading provides space to ezplain the '
cost/benefit aspects of the decisian. Costs and benefits relate both to Git� budget
<General Fund and/or Special Funds) and to broader financial impacts (cost to users,
homeowners, or other groups affected by the action) . The personnel impact is a description
of change or shift of Full-Time Equivalent (FTE) positions.
The ADMINISTRATIVE �ROCEDURES section must be completed to indicate whether additional
administrative procedures, including rules, regulations, or resource proposals are .
necessarp for implementation of an ordinance or�resolution.. If yes, the procedures or a
timetable for the completion of procedures must be attached.
SUPPORTING MATERIALS. In the ATTACHMENTS section, identifq all attachments. If the Green•
Sheet is well done, no letter of transmittal need be inclnded (ualess signing such a letter
is one of the requested actions) . �
No e: If an agreement requires evidence of insurance/co-insurance, a Certificate of
Insurance should be one of the attachmsnts at time of routing.
No e: Actions �►hich require City Council resolutions include contractual relationships
with other governmental units; collective bargaining contracts; purchase, sale, or lease of
land; issuance of bonds by City; `eminent domain; asseimption of liability by City, or
granting by �City of indemnification; agreements with state or federal government under
which they are providing funding; budget amendments.
� � C� g�-� �a
SAIN7 NAUL BUARU UF APPEALS 8 REVIEW
555 Cedar Street
5aint Paul . Minnesota 55101
' {Ei 1 Z ) 292-7775
MINUTES, MEETING OF DECEMBER 13 , 1988 -
MtMBERS PR SENT: Ron Glassman, Chairman
Sean M. Carev
Harold Knutson
David Schultz
Robert L . Viering
MEMBERS AB ENT : William Tilton
OTHERS PRE ENT: Pat Fish. St. Paul Fire Prevention
Hope Abrams , St. Paul Fire Prevention
Sherry Webb, St. Paul Fire Prevention
Steve Zaccard, St. Paul Fire Prevention
Jim Prill , Div. of Public Health
Carolyn Sheppard, Div, of Public Health
John Betz, Div. of Pubiic Health
Karen Christofferson, Gov't Affairs Dir.
Rachel Nelson Greg Grose
Theodore Kvasnik John Czerminger
Charles Laurent Bob Oahl
I Robert Buntz
STAF�F : Josephine P. Bongiovanni
Chairman lassman called the meeting to order at 1 :35 p.m.
December 1 , 1988. He welcomed the appellants and explained the
procedures stating that what the board does is recommends action
to the Cit Council .
1 . Approv 1 of minutes of the November 8, l988 meeting as
submit ed in writing.
David Sch itz moved approval of the minutes of the November 8,
19�38 meeti g. Motion seconded by Robert Viering. MOTION CARRIED
UNANIMOUSL .
Chairman Glassman, stated that Councilmember Kiki Sonnen
suggested that the City Attorney attend the meetings of the
Board. This is a issue for the Board to decide. Mr. Glassman
thought i was a good idea. Paul McCloskey, from the City
Attorney's office called Mr. Giassman today and he does not
really feel it necessary to attend. Mr. McCloskey stated that he
was a phon call away and could be there at a moments notice.
Mr. McClos ey, stated that he would l.ike the Board to discuss the
issue at t e meeting, then get back with him.
t
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Mr . F?obert Viering, stated that ifi the City Attorney was near at
hand and could be contacted at a moments notice then it wouid be
agreeable. As long as Mr. McCloskey recieves a packet with all
the information regardina ail the cases for review. After
reviewin� aii cases, ifi any questions do arise, then he would
attend the meeting.
All Board members agreed tt�at if Mr. McCloskey was available at a
moments notice, then it was not necessary to actually attend the
meeting.
Chairman Glassman suggested a letter be written to Mr. McCloskey
statina that the Board feels it is not necessary to physically
attend the meetings, as long as the board knows that Mr.
McCloskey can be reached. If a guestions arises then Mr.
McCloskey would attend the meeting, or if the board specifically
requests him to be present.
--------------------
Chairman Glassman. informed the board that on November 30, he
was requested to attend the Committee of Public Works meeting,
where the issue of rainleaders was discussed.
At the meeting Mr. Glassman was informed that the Board of
Appeals and Review never had the authority to hear any of the
cases pertaining to rainleaders. Evidentally, when in drafting of
the resolution for the Rainleader Disconnect Program it left
final discretion with the Sewer Department and absolutely no
appeals process. Out of this meeting came some motions .
Councilmember kettman was extremely helpful and is very concerned
about this matter.
Chairman Glassman, stated that Jerry Segal from City Attorney's
office was requested to re-draft the ordinance giving the Board
appeals process.
After Mr. Glassman explained to the Committee how the Board did
deny almost all appeals, (only because the board was told they had
to) . Mr. Glassman stated that he suggested that all those who
were denied would be reviewed again.
The Council witl give the board a line of direction pertaining to
rehearing these cases again. As of now, the Board can not hear
any rainleader requests.
Chairman Glassman, stated that he had a discussion with
Councilmember Rettman. and it was suggested that once the
Ordinance was amended, the Board would be wiiting to review
ali the cases that were previousiy denied. The board was in the
agreement to review ail the denied cases.
2
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Mr . Glassma suggested that a letter be sent to Councilmember
Rettman t.ellinq her that the Board is in accord to rehear the
cases that w re denied.
----------------------
Chairman Gla sman invited Steve Zaccard, Fire Marshall to attend
the meetin to discuss Fire Sprinkler Systems for new
construction of property.
Steve Zaccar , Fire Marshall reflecting on the minutes, of the
November 8, 1988 meeting, would like to clear up, what may be a
misunderstan ing. Council passed two resolutions regarding
sprinkilers , one was to require that all city funded new
construction should be sprinkler. This was later replaced with
one that ha the same stipulation, except that it exempted one
and two st ry commercial occupancy. The requirement would
include an,y new residential construction funded by the authority
of the city including single family dwellings , which is what
Fire Depart ent feels is needed the most. In the City of St.
Paul , and il across the country most the people who lose their
life in a fi e is where they live.
In order t effect the fire probiem in St. Paul , we need to
improve fir safety in the home, the City Council passed this
resolution. The other one requires that the Fire Department go
to the Sta e Legislature and try to get legislation that will
enable the f re department to make this a matter of code, at the
present tim no local jurisdiction can exceed the state building
code. Spr nklering a new construction would exceed state
building co e requirements . In order to make this a code Fire
Prevention w uld have to go to the state.
Both resolu ions have been passed, the first resolutions
effective d te is May lst, in the meantime, the Mayor has
established a Task Force, for all interested, in this subject to
work out how � it would be implemented. First meeting took place
this week, which included Steve Zaccard, Karen Christofferson,
Builders, U velopers, Building Officials, and City Department of
PED, workin on issueS which constitutes new construction. The
next meeting will be considering the cost, Sprinklers have never
been done in the City of St. Paui .
Karen Chris offerson, Gov't Affairs Dir. , St. Paul Board
Realtors st ted the Bd of Realtors support this. The Fire
Department orked with the Bd of Realtors for about a year and
half support ng hard wired smoke detectors.
The St. Pa 1 Bd of Realtors is concerned that they never were
notified. T e two resolutions were passed by the Council , but
were vetoed y the Mayor. Of the Resolutions that were vetoed,
the first ne CF . 88-990 instructs the Mayor's Office to take
forward his 1989 legislative package enabling a request from the
State Legisl ture that would require Sprinkler System in all new
construction The items the task force will be dealing with is;
3
What is new construction? and What is public funding? The second
resolution deals with public financing, what the Council was
looking for was a mechanism to start to enforce this resolution
without enabling legislation. The Task Force went to the Mayor
and the Council and requested a hold be put on the on the
resolution because the city acted to quickly without input.
lnsurance companies have been known to offer discounts for the
home that have sprinklers systems.
Steve Zaccard stated that in terms of legisiation, one of the
commmitments made before going to the legislature was to work
with Karen' s group and the Builders Owners Manuel Ass'n on
developing the kind of legislation that would be taken to the
Legislature.
The Task Force will be meeting to discuss the cost factor.
Sean Carey, working as a fire adjustor, agree that Sprinklers are
very important in homes, helping to safe lives.
A new Ordinance went into affect on November 22, 1988 on Hard
Wired Smoke Detectors. When the Truth and Housing Evaluation is
filed, which is public information. then the Fire Department will
enforce that portion of the code.
2. CASE NO: PROPERTY APPEALED APPELLANT
107-88-H 1743 Ames Ave. John G. Klecatsky
(Commercial
APPEARANCE : NUNE
SUBJEC7: Sherry Webb, from Fire Prevention requested that the
case be held over for one month for clarification on fire code.
Case was resolved.
BOARD ACTION: Board moved to refund the filing fee.
----------------------------------------------
4
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108-88-H 219U Marshali Ave. Theodore Kvasnik v
(Commercial ) �
i
SUBJECf : he Board at the November 8, 198$ meeting requested
that the case be laid over to the December meeting. 7he
A�pellant was to confer with the Water Uepartment to see if it
was feasible to install a sprinkler system.
Case was esolved before the meeting with Steve Zaccard, Fire
Marshall .
BOARU ACTIUN: Motion made by David Schultz to refund the filing
fee. Seco ded by Robert Viering. MOTION CARRIED UNANIMOUSLY .
121-88-H ' 554 Edmund Ave. John Czerminger
(Vacant B)dg. )
APPEARANCE : John Czerminger
SUBJECT: A pellant is requesting a waiver of the Registration Fee
on a vacanit building because of financial hardship as per ietter
dated Octo er 12, 1988.
PROCEEUING : The appellant is requesting a waiver of the vacant
building -ee, because financially he cannot afford to pay the
fee. The uilding had a fire in it.
Jim Prill . � from Uiv. of Public Health stated that the building
has been v cant since April . City has done work on the building.
Fees are i the amount of $230. 00.
Insurance company paid off the mortgage. The appeltant had a
deferred loan (rehab money) in the amount of $ 13,000. 00 which
needs to b paid off.
Sean Carey stated that 1010 University, where loan was approved,
should hav been insured. He advised the Appellant to seek legal
aid.
BOARD ACTION: Motion made by Sean Carey to deny the waiver of
the vacan building fee of $230.00, and freeze the additional
fee for t�e next 30 days, so as to allow the appellant to work
with the i surance company. Seconded by Harold Knutson. MOTION
CARRIED UN NIMOUSLY.
5
123-88-H 4U3 Laurel Ave. Robert Buntz
( 1 unit )
APPEARANCE: Robert Buntz
SUBJECT: Appellant is requesting a variance from St. Paul
Legislative Code pertaining to fence height.
BOARD ACTION: Motion made by David Schultz to grant a variance on
the f�n�.� h�i ght. a�c��n��� u_y Har�1 d I�nut�,�n. Mt�T t t�N �:A�'R t EC�
UNANIMOUSLY.
---------------------------------------------
12t3-88-H 719 Wilson St. Edward Kurkowski
(5 units)
APPEARANCE: None
SUBJECT: Appeilant is requesting a variance from St. Paul
Legis )ative Code pertaining to passing through a bedroom
to get to another room as per letter dated October 10, 1988.
PROCEEDINGS: Pat Fish, from Fire Prevention stated that there is
no objection to the arrangement as )ong as the doors have no
locks on them.
BOARD ACTION: Motion made by Ron Giassman to grant a variance on
the having to pass through a bedroom to get to another room, as
long as the doors have no locks. Seconded by David Schultz.
MOTION CARRIED UNANIMOUSLY.
---------------------------------------------
1'LO-88-H 537/539 Ohio St. Robert G. Dahl
(4 units)
APPEARANCE: Robert G. Dahl
SUBJECT: Appellant is requesting an extension of time to do the
necessary repairs, pertaining to repairing the roof and ceiling;
also installing additionai electrical outlets in all rooms.
as per letter dated September 20, 1988.
PROCEEDINGS: 7he appellant would like an extension of one year
to do the roof and ceiling. He stated that he purchased the
building three years ago and only have a cash flow of about
$1 ,U00.00 per year financially he cannot do the repairs at this
time.
Pat Fish, from Fire Prevention stated that the plaster is loose
and could fall down and maybe hurt someone.
6
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5ean Care stated that the insurance should cover the ceiling
damage.
i
BOARD AC7 ON: Motion made by Harold Knutson to grant an
extension f time fior 6 months (June 1 , 1989) to do the repairs
to the r of and ceiling, also installing the extra electrical
outiets . econded by Uavid Schultz.
Yeas 4) Nays ( 1 ) Carey Abstention {0)
112-88-H 1735 Oayton Ave Charles Laurents
(4 units)
APPEARANCE Charles Laurents
SUBJECT: ppellant is requesting a variance from St. Paul
Legisiativ code pertaining to having to provide exit stairs from
third floo to gradelevel as per letter dated August 8, 1988.
PROCEEDING : The third floor unit is rented by two students. The
appellant has owned the building since 1972. The appellant
passed ar und a letter from Fridholm Construction Co. , that
showed a id of $6, 553.00 to install a stairway on the west side
of the bui ding from the third floor to grade.
Pat Fish, � from Fire Prevention stated that it is code to have a
2nd exit f om the third floor to grade.
BOARD ACT ON: Motion made by David Schultz to deny the variance
on the 2 d exit from third floor to grade, instead give an
extension f time for 6 months (June 1 , 1989) . Second by Harold
Knutson. OTION CARRIED UNANIMOUSLY.
,----------------------------------------------
119-88-H 2259 Rockwood Place Stuart Corporation
( 168 units) Jeffrey L. Gross
APPEARANCEI NONE
SUBJECT: ppeliant is requesting a variance on the requirement
of having o install additional smoke detectors in hallways as
per letter dated September 27, 1988
Case resol ed.
BOARD ACTI N: Board moved to refund filing fee.
I
7
129-8�-H !U1 Jenks Ave. Lothar Horn
( 1 unit)
SUBJECT: Appeliant is requesting a variance on rainleader in
the rear of house, as per letter dated June 1 , 1988.
Case is being held in suspense for clarification on ordinance.
---------------------------------------------
127-88-H 654 Fairmount Ave. Elizabeth M. Gotz
( 1 unit)
SUBJECT: Appellant is requesting a variance on one rainleader,
because it could create a water problem in basement and on sidewalk
due to small front yard.
Case being held in suspense for clarification on ordinance.
---------------------------------------------
67-88-H 1697 Ford Parkway Gene H. Rosenbium
( 1 unit)
SUBJECT: Appellant is requesting a variance on the rainleader
disconnect requirement, as it will cause undue hardship owing to
the unique circumstances of the location of the rainleaders on
the property.
Case being held in suspense for clarification on ordinance.
---------------------------------------------
124-88-H 71 E. Baker St. JTI Properties
( 1 unit) Midwest Federal
J. Deputy
S�BJECT: Appei )ant is requesting an extension of time to do the
necessary repairs to the property regarding rear concrete steps,
hole in roof, front entry way door jams, front porch supports,
replace light fixture in bathroom, improper plumbing, entry door
latching device, dining room ceiling, broken thermostat, exterior
and interior handrails, repair smoke detectors, leaking sink
drain, as per letter dated October 20, 1988.
Case resoived with the inspector.
BOARD ACTION: Board moved to refund the filing fee.
---------------------------------------------
8
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125-88-H e70 N. kobert St. Emma Norton Residence
(39 units) Susan Nicholas-Prettner
APPEARANCE : 5usan Prettner
SUBJECT: Api,pellant is requesting a variance on bathroom
facilities ; '�also food handling equipment on fioor of the store
room as per 'letter dated October 4, 1988.
PROCEEDINGS:: This is a non-profit agency that houses women of low
income, who jare in training programs of voacationai programs . It
is a room 8 �orad facility and the charge is 225.00 per month for
each tenant. If there is a reduction to 20 persons, and do
provide the service it wouid be impossible to continue to
operate. G nerally, there is never fuil occupancy, which would
be 72. Pr sently there are 58 persons. Average stay could be
about 4 mont s.
Suggested b Ron Glassman to rnaybe limit the occupancy to 30 on
each floor.
Carolyn Shep rd, stated that this would be the boards decision.
Code is 5 pe sons per bath.
�5� ��� +� ��i�.�r� rn�rJ� t���r U��i�� �rt�u 1 t� �c� c_1�-��ryt � v.�r•i anr•F r�rr
the bath fa ilities with the provisions that there be a cap of
only 30 ocicupants on each floor. Seconded by Harold Knutson.
MOTION CARRIEO UNANIMOUSLY.
---------------------------------------
j
126-88-H I 189 1/2 E. 7th St. Gayle E. Stangetand
(23 units)
SUBJECT: Ap ellant is requesting a variance on the number
of handsinks, as per letter dated October 7. 1988.
Appellant re uested a postponement to January meeting.
-- ------------------------------------------
122-88-H 1596 Hewitt Ave. Rachel Nelson
( 1 unit) William Totten
APPEARANCE : �2achel Nelson
i
SUBJECT: Ap�ellant is requesting a variance on ceiling
heights in 2', bedrooms, as per letter dated September 2, 1988.
PROCEEDINGS: I', There has been extensive work done on the building
and was apprd�ved with Fire. When Ms. Shepard came to inspect the
property the� cited us for low ceilings in the basement ceilings.
9
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BUARD ACTIUN: Motion made by David 5chultz to grant a variance
on the ceiling heights in the basement bedrooms for the life of
the building.
---------------------------------------------
93-88-H 30 E 7th St. W�.�r�1 �� T������ %r��tr=t�
and
376 Jackson St. Galtier Plaza
SUBJECT: The case was before the Board on October 11 , 1988.
Board requested it be laid over 30 days. In November the
Appel )r�nt requested a postponement to the December meeting.
Appz) l�nt requested a postponement to the JanuarY meetinr�.
----------------------------------------------
There being no further business, the meeting adjourned at 3 :00
p.m.
10