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99-1130; m2��c�eb\ — ��1�'�'�� ORIGINAL Presented by Referred To Committee Date BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the November 16, 1999, decision of the Legislative Hearing Officer as follows: 3 Property Ap eo aled Ap elu lant 4 1404 RaYmond Avenue Carlton E. Mix for Kasota Leasing Coip. 5 Decision: Appeal granted on the nonconfornung doors with the following conditions: 1) when the 6 nonconforming doars need to be replaced, they will be replaced with confonning fire rated doars, 2) the 7 building must otherwise be in compliance. 8 912 Park Street 7ohn McCarthy 9 Decision: Appeal granted on the nonconfornung doors with the following conditions: 1) when the 10 nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the 11 building must otherwise be in compliance. 12 2290 Wvcliff Street (Laid over from 10-19-99) 13 (Appeal withdrawn; the matter has been resolved.) Dennis Kilbane 14 1345 Marshall Avenue (Rescheduled from 11-2-99) John F. Tracy for J.F.T. Cotporation 15 Decision: Two year extension granted to hook up to the City sewer system. 16 1100 Hancock Street Mary Kay McJilton for People Incorporated 17 Decision: Variance granted on deadbolt locks for all the bedroom doors. 18 111 Empire Drive Lany Raymond for New Mech Companies 19 Decision: 1) This appeal will be taken to the State Fire Marshall's Office, 2) if the building owner wishes to 20 file an appeal after the proceedings with the State Fire Marshall, that appeal will be considered timely, 3) the 21 filing fees will be refunded. 22 828-840 White Beaz Avenue North Gary Torgerson 23 Decision: Appeal denied, but Fire Prevention is requested to coriduct an inspection and identify specifically 24 what items need to be corrected. RESOLUTION CITY OF SAINT PAUL, MINNESOTA �o Council File # 't9 - 11 ��5 Crreen Sheet # 101639 25 1000 Shoo Road Bruce J. Holdhusen for ThermoRetec Cons. 26 Decision: Laid over to a special Properry Code Enforcement meeting on November 18, 1999, and the City 27 Council meeting of December 1, 1999. Properiy Code Enforcement meeting, 11-16-99 1 559 McKnight Road South 2 Decision: Appeal denied. ORIG{NAL 3 4 5 6 7 8 9 Yeas Nays Absent Blakey � Coleman � Harris �" Benanav � Reiter i/ Bostrom �/ Lantry J � � 1Q AdoptedbyCouncil: Date ���, c�� � 11 `��' 12 Adoption C ified by� cil S��retary� �— 13 By: �� 14 15 Approved by I�y, . Date vL , \�_ 16 / � 17 sy: ( � Resolution 101639 qq-1t3� Leonard Anderson �0.� d� �� e'" � �� � e-c _ g 1ov. 30 ��is\q�:,,� 1��� , d C;� C�un1c . L �'�� Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council � 2 QQ _ � � �as� DFPARTMINf/OFFICElOOUNCIL DAiE INmATED • �'�, � v.� City Council Offices 11-17-99 GREEN SHEET No 101639 CONTACT PERSON & PFiOP1E Np1a11Db NIIWIaIs Gerry Strathman, 266-8575 oarun�rowceroie rnruirei MUST BE ON COUNCIL AGEAY.Y� BY (OA7EJ November 24, 1999 �"�" xul�etFae ur�.Tmwa. anmrt ROUT@1G �� p1Yicl�I.fFRYItisOR wY1RI�laFRYIACCTC ❑ wvaelwtllwsrAlm ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) CTION RC-0UES7� Approving the 11-16-99 decision of the Legislative Hearing Officer on Property Code Enforcement appeals for the following addresses: 1404 Raymond Avenue, 912 Park Street, 2290 Wycliff Street, 1345 Marshall Avenue, 1100 Hancock Street, 111 Empire Drive, 828-840 White Bear Avenue North, 1000 Shop Road, and 559 McKnight Road South. RECOMMENDATION Approve (A) a ReJect (R) VERSONALSERVICE CON7RACf5 MUSTANSWER7HE FOLLOWIN6 QUESTIONS: 1. F�tluspersoNfirme�arv.nrlaeduMeracantrac[fortliicdepaAment? PLANNMG CAMMISSION VES No CIB CAMMITTEE -- 2. F�s this pereauhrm ever been a aly employee9 CIVIL SERVICE COMMISSION YES NO 3. Does this P�� D� a s160 not iwimalbW� bY anY curre�rt dly.empbyeel YES NQ 4. Is this pe�eoNfirm a targeted vendoY7 YES NO F.�lain all Yes ansvrt,vs on separste sheet and attach to O�n aheet - INITIATINC, PR08LEM ISSl1E, OPPORTUNITY (Who, Whaf, When, Where, Why) • ADVANTAGESIFAPPROVED f:O�:�Gs's i'f9��=??'.^,`; tar,"fi�T , � � a � d `a [��a7 DISADVANTAGES IFAPPROVED DISADVANTAGESIFNOTAPPROVFD � � " -- 70TAL AMOUNT OF TRANSACTION t ' CO3TlREVQ7UE BUDfiETm (CIRGLE ON� YE5 NO FUNDINGSOURCE � ACTMTYNUI�ER FlNANCIAL MFORMATION (EXPLAIl� �� � ��o ��. NOTES OF Tf� PROPERTY CODE ENFORCEMENT MEETING Tuesday, November 16, 1999 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 131 p.m. STAFF PRESENT: Christopher Cahill, Fire Prevention; Karl Johnson, Public Works-Sewer Utility; Mike Urmann, Fire Prevention 1404 Raymond Avenue Carlton E. Nix appeared and stated he is seeking a variance with respect to the fire rating on the doors. Gerry Strathman asked were there any issues with this appeal. Make Urmann responded this is the standard appeal. Gerry Strathman granted the appeal on the nonconforming doors with the following conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with confornung fire rated doors, 2) the building must otherwise be in compliance. 912 Park Street Gary Torgerson appeared and stated he is seeking a variance with respect to the fire rating on the doors. Gerry Stratlunan asked were there any issues with this appeal. Mike Urmami responded this is the standard appeal. Gerry Strathman granted the appeal on the nonconfornung doors with the following conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance. 2290 Wvcliff Street (Laid over from 10-19-99) Gerry Strathman stated it is his understanding that the Fire Department and the buiiding owner have reached an agreement with respect to these tanks. (Appeal withdrawn; the matter has been resolved.) 1345 Marshall Avenue (Rescheduled from 11-2-99) The following people appeared: Daniel Zeddies, representing J.F.T. Corporation, and John F. Tracy, J.F.T. Corporation. �t� \\�c� PROPERTY CODE ENFORCEMENT MINUTES OF 11-16-99 Page 2 Mr. Zeddies stated this property was ordered to disconnect from the sanitary sewer on Marshall Avenue in 7une 1999. The ea-tension of time granted for doang that was one yeaz. Tracy Oil was at the intersecfion of Hauiline and Marshall Avenues for many years. The City adopted the ordinance for disconnection of rainleaders and other lines that were going into sanitary and combined sewers, which was effective April 1987. In fall 1987, there were plans to tear down Tracy Oil and install a new facility. In September 1987, J.F.T. presented plans to the City, and permits were granted. The corporation paid ali the fees including $6,750 to connect to the sanitary and storm sewers. The City had difficulty with new construction requiring them to go into two sepazate sewers, which didn't exist at that time. The City issued permits, two connections were made to the sanitary sewer on Mazshall Avenue, and two separate systems were installed. The certificate of occupancy was issued in Mazch of 1988. In January 1988, Mr. Zeddies stated, J.F.T. received a norice of a granting of temporary easement to a line going down Hamline Avenue. Two lines were installed in Hamline Avenue the suuuner of 1989. There were no provisions (stubs) made for J.F.T. to connect to the Hamline Avenue lines. The City has claimed recently that there was a misunderstanding and that J.F.T. was suppose to go the City's design consultants to install a stub, which sounds implausible to Mr. Zeddies. Also, J.F.T. paid $3,286 as an assessment for the Hamline sewer; therefore, the Hamline sewer was obviously intended for their properiy, but they were never told there was an opportunity or an obligation to connect to it. This issue sat dormant for 11 years, stated Mr. Zeddies. J.F.T. received a notice from Public Works to connect. The cost would be about $5,000 if J.F.T. had the opportunity to use their stubs, but what the City wants J.F.T. to do now would cost much more. To connect, J.F.T. would need to go into the middle of the intersection of Marshall and Hamiine, tap into the manhole, tear up the sheet, and add traffic control. J.F.T. has two estimates: $35,874 and $32,400. Of those estimates, more than 80% is due to the fact that they have to go into the street as opposed to connecting to a stub. This is all because the City did not include them into their pians for the Hamline Avenue sewer. Mr. Tracy wrote to the City engineer and requested the City share in the cost for the work. If necessary, J.F.T. is willing to take appropriate actions to make sure this happens. Gerry Strathman asked why the hook up has to be in the manhole instead of going directly to Hamline Avenue. He was told, responded Mr. Zaddies, the giant sewer collection is under I-94 for the entire Metro area going to Pig's Eye, and the Hamline sewer is very deep. Kazl Johnson, Sewer Utility, reported the building is connected to the sanitary system. He has gone through their records, which are spotty. He has documentation that J.F.T. received notification of request for stubs. The sewer in Hamline is about 40 feet deep. Overall construction going to Mazshall would have been cheaper, but there was not a request sigied by the properiy ownex; therefore, a stub was not installed. G� ���� PROPERTY CODE ENFORCEMENT MINLJT'ES OF 11-16-99 Page 3 Mr. Zeddies asked to see a notice of request for stub. (Mr. 7ohnson gave Mr. Zeddies a copy of this correspondence.) Mr. Zeddies stated the properry owner submitted the plans to the City wluch showed the connection to Mazshatl Avenue, which was illegaL The City was not left out of the plans here. Mr. Strathman stated there aze two issues here: 1) There is a dispute as to who was notified and who is responsible, 2) Additional time may be needed to take caze of this matter. Mr. Strathman asked what is Mr. Zeddies seeking at this hearing. Mr. Zeddies responded he is here today because the City has granted an extension of one yeaz, but the problem is with the requirement to pick up the entire cost of doing this. Mr. Strathxnan stated this is not the forum for a legal dispute to be resolved. Since Mr. Strathman has not heard from the City that they will accept an offer to share the cost, J.F.T. may have to go to another forum to extract that cooperation. While the matter is under appeal, the City cannot take enforcement action. Additional time would allow J.F.T. time to pursue their legal remedies. Mr Zeddies stated the City will be charging them for putting storxn water into the sanitary sewer. If the matter is moved to the court system, ThermoRetic will be asking for an injunction on that. He asked can the entire process be suspended while this matter is worked out. Mr. Strathman responded these are costs the City incurs because they are charged by the Met Council for processing storm water that enters into the sanitary sewer. Mr. Strathman cannot waive that charge. Mr. Strathman asked is a year enough time. Mr. Zeddies responded it may take longer to go through the court system. Gerry Strathman granted a two year extension to hook up to the City sewer system. 1100 Hancock Street (No one appeared representing the property.) Mike Urmann reported he informed the appellant he had no dispute with the appeal. Gerry Straflunan granted a variance for the deadbolt locks on all the bedroom doors. lll Empire Drive The following appeared: George Fredericks, project manager for New Mech Sprinkler Division; Larry Raymond, Operations Manager and a Vice President, representing the contractor. �� ��3� PROPERTY CODE ENFORCEMENT MINUTES OF 11-16-99 Page 4 Mr. Strathman stated the ordinance that govems these matters indicates the property owner has the rights to appeal, yet the letter here from Cluistopher Cahill indicated Mr. Raymond has the right to appeal. Christopher Cahill reported he was in enor when he wrote the letter. There is still a disagreement and there needs to be an appropriate forum to resolve this issue. Mr Strathman stated he is willing to do one of two things: 1) Direct the City Clerk's office to refund the filing fee, 2) The properiy owner could file under the same fee. Mr. Raymond responded he would prefez the filing fee be refunded. However, he would like to leave this meering with an understanding that this should be taken to the State Fire Mazshall's Office. Mr. Cahill stated that is the most appropriate place. Mr. Fredericks stated he was concemed about the properiy owner filing an appeal in time. Mr. Strathman asked how long these matters take at the State Fire Marshall Office. Mr. Cahill responded a few months. Gerry Strathman's decision was as follows: 1) This matter will be taken to the State Fire Marshall's Office, which everyone agreed is the appropriate foruxn for this matter, 2) If the building owner wishes to file an appeal after the proceedings with the State Fire Marshall, that appeal will be considered timely, 3) the $25 filing fee will be refunded. 828-840 White Bear Avenue North Gary Torgerson, owner, appeared and stated he has a problem with Item 7 on the corrections list. He would like it to be more specific. 828 to 840 White Bear are five different businesses. (Item 7 reads as follows: Provide that all electrical wiring and associated appliances meet code, work is to be done under permit from the City of St. Paul.) Mike Urmann reported he spoke to the inspector. It was their opinions that the item be vague because of the number of orders. They are asking the owner to contact a licensed electrician to go through the site and correct a11 open electrical circuits, broken and separated conduits, and open splices. They are not asking for the current electrical system to be redone, but to conect the problems that are appazent in the building. Mr. Torgerson stated this property was inspected in May of 1998 and was issued a certificate of occupancy. He spent $12,000 on the electrical, a11 aparirnents have been rewired above the businesses. Mr. Strathman asked was there a way for the inspector to be more specifia Mr. Urmann responded the inspector could; however, the orders came out this way to have the owner take the responsibiliTy to have a licensed person make the judgements instead of Fire Prevention devising the electrical system. ��"l PROPERTY CODE ENFORCEMENT MINUTES OF 11-16-99 Page 5 Mr. Strathman stated he understands the Fire Depamnent's approach is better, but if the inspector could identify specifically those issues that need remedied, that wouid be a good faith compromise on both parts. Mr. Urmann stated he will have the inspector get together with the building owner and do that. Gerry Strathman denied the appeal, but requested Fire Prevenfion to do an inspection and idenrify specifically what items need to be corrected. If after that is done, Mr. Torgerson feels the order is inappropriate, he can file another appeal and the filing fee will be waived. 1000 Sho�Road The following appeared: Bnxce J. Holdhusen, ThermoRetec Consulting Corporafion, and Louis Boldwaluui, Canadian Pacific Railway, 501 Marquete Avenue, Minneapolis. Gerry Strathman stated he read the correspondence and the issue is complicated. Phil Owens, Commercial Building Inspectors Supervisor, cannot attend this meering today. Most of the issues revoive azound what is permitted in the State fire code. Mr. Strathman asked is this matter being reviewed by the State Fire Marshall. Mr. Holdhusen responded Fire Prevention has requested a code interpretafion on the State level. For Canadian Pacific Railway to pursue an appeal of the order on the State level, they need approval at the local level. Mike Urmann reported he spoke to Mr. Owens this morning. The originai orders have not been issued yet. Mr. Owens is more than willing to appear at a future date. Mr. Strathman stated he is skeptical about whether this appeal is in the right fotum. His authority is limited to the interpretation of the City fire code. Mr. Holdhusen responded Mr. Owens has said he is not going to take any action at the City level until it has been resolved at the State. (Mr. Holdhusen presented a letter to Mr. Strathman.) Mr. Strathman stated the letter seems to imply that the issue has to be heard from the City first and then the State. Mr. Holdhusen stated the State has jurisdicrion of the tank size limitation and the City has jurisdiction over citing of the tanks. To proceed to the State to appeal their order, they would need approval from the City Council or other authority that there aze no objections at the local level. Mr. Strathman stated this is a complicated matter and he would need some advice from the city attorneys office about what is the proper procedural way to break out of this situafion. He asked was there a problem with laying over this matter. Mr. Boldwal�hn responded they go through a lot of fuel. They chose to instali a smaller tank; this will a11ow them to inspect tke tanks on a regular basis because they wili be able to empty one. This past weekend, They aimost ran out of fuel in their 225,000 gallon tank. They need the 500,000 gallon tank to be put back into service. �� �t� PROPERTY CODE ENFORCEMENT MINiJTES OF 11-16-99 Page 6 Mr. Stratlunan laid over this matter to a special Properry Code Enforcement meeting on November 18, 1999,130 p.m. 559 McKnight Road Suuth (The appellant did not appear, nor did City staff.) Gerry Strathman denied the appeal citing lack of informafion from Leonazd Anderson, the appellant, and City staff. The meeting was adjourned at 2:26 p.m. rtn ; m2��c�eb\ — ��1�'�'�� ORIGINAL Presented by Referred To Committee Date BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the November 16, 1999, decision of the Legislative Hearing Officer as follows: 3 Property Ap eo aled Ap elu lant 4 1404 RaYmond Avenue Carlton E. Mix for Kasota Leasing Coip. 5 Decision: Appeal granted on the nonconfornung doors with the following conditions: 1) when the 6 nonconforming doars need to be replaced, they will be replaced with confonning fire rated doars, 2) the 7 building must otherwise be in compliance. 8 912 Park Street 7ohn McCarthy 9 Decision: Appeal granted on the nonconfornung doors with the following conditions: 1) when the 10 nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the 11 building must otherwise be in compliance. 12 2290 Wvcliff Street (Laid over from 10-19-99) 13 (Appeal withdrawn; the matter has been resolved.) Dennis Kilbane 14 1345 Marshall Avenue (Rescheduled from 11-2-99) John F. Tracy for J.F.T. Cotporation 15 Decision: Two year extension granted to hook up to the City sewer system. 16 1100 Hancock Street Mary Kay McJilton for People Incorporated 17 Decision: Variance granted on deadbolt locks for all the bedroom doors. 18 111 Empire Drive Lany Raymond for New Mech Companies 19 Decision: 1) This appeal will be taken to the State Fire Marshall's Office, 2) if the building owner wishes to 20 file an appeal after the proceedings with the State Fire Marshall, that appeal will be considered timely, 3) the 21 filing fees will be refunded. 22 828-840 White Beaz Avenue North Gary Torgerson 23 Decision: Appeal denied, but Fire Prevention is requested to coriduct an inspection and identify specifically 24 what items need to be corrected. RESOLUTION CITY OF SAINT PAUL, MINNESOTA �o Council File # 't9 - 11 ��5 Crreen Sheet # 101639 25 1000 Shoo Road Bruce J. Holdhusen for ThermoRetec Cons. 26 Decision: Laid over to a special Properry Code Enforcement meeting on November 18, 1999, and the City 27 Council meeting of December 1, 1999. Properiy Code Enforcement meeting, 11-16-99 1 559 McKnight Road South 2 Decision: Appeal denied. ORIG{NAL 3 4 5 6 7 8 9 Yeas Nays Absent Blakey � Coleman � Harris �" Benanav � Reiter i/ Bostrom �/ Lantry J � � 1Q AdoptedbyCouncil: Date ���, c�� � 11 `��' 12 Adoption C ified by� cil S��retary� �— 13 By: �� 14 15 Approved by I�y, . Date vL , \�_ 16 / � 17 sy: ( � Resolution 101639 qq-1t3� Leonard Anderson �0.� d� �� e'" � �� � e-c _ g 1ov. 30 ��is\q�:,,� 1��� , d C;� C�un1c . L �'�� Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council � 2 QQ _ � � �as� DFPARTMINf/OFFICElOOUNCIL DAiE INmATED • �'�, � v.� City Council Offices 11-17-99 GREEN SHEET No 101639 CONTACT PERSON & PFiOP1E Np1a11Db NIIWIaIs Gerry Strathman, 266-8575 oarun�rowceroie rnruirei MUST BE ON COUNCIL AGEAY.Y� BY (OA7EJ November 24, 1999 �"�" xul�etFae ur�.Tmwa. anmrt ROUT@1G �� p1Yicl�I.fFRYItisOR wY1RI�laFRYIACCTC ❑ wvaelwtllwsrAlm ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) CTION RC-0UES7� Approving the 11-16-99 decision of the Legislative Hearing Officer on Property Code Enforcement appeals for the following addresses: 1404 Raymond Avenue, 912 Park Street, 2290 Wycliff Street, 1345 Marshall Avenue, 1100 Hancock Street, 111 Empire Drive, 828-840 White Bear Avenue North, 1000 Shop Road, and 559 McKnight Road South. RECOMMENDATION Approve (A) a ReJect (R) VERSONALSERVICE CON7RACf5 MUSTANSWER7HE FOLLOWIN6 QUESTIONS: 1. F�tluspersoNfirme�arv.nrlaeduMeracantrac[fortliicdepaAment? PLANNMG CAMMISSION VES No CIB CAMMITTEE -- 2. F�s this pereauhrm ever been a aly employee9 CIVIL SERVICE COMMISSION YES NO 3. Does this P�� D� a s160 not iwimalbW� bY anY curre�rt dly.empbyeel YES NQ 4. Is this pe�eoNfirm a targeted vendoY7 YES NO F.�lain all Yes ansvrt,vs on separste sheet and attach to O�n aheet - INITIATINC, PR08LEM ISSl1E, OPPORTUNITY (Who, Whaf, When, Where, Why) • ADVANTAGESIFAPPROVED f:O�:�Gs's i'f9��=??'.^,`; tar,"fi�T , � � a � d `a [��a7 DISADVANTAGES IFAPPROVED DISADVANTAGESIFNOTAPPROVFD � � " -- 70TAL AMOUNT OF TRANSACTION t ' CO3TlREVQ7UE BUDfiETm (CIRGLE ON� YE5 NO FUNDINGSOURCE � ACTMTYNUI�ER FlNANCIAL MFORMATION (EXPLAIl� �� � ��o ��. NOTES OF Tf� PROPERTY CODE ENFORCEMENT MEETING Tuesday, November 16, 1999 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 131 p.m. STAFF PRESENT: Christopher Cahill, Fire Prevention; Karl Johnson, Public Works-Sewer Utility; Mike Urmann, Fire Prevention 1404 Raymond Avenue Carlton E. Nix appeared and stated he is seeking a variance with respect to the fire rating on the doors. Gerry Strathman asked were there any issues with this appeal. Make Urmann responded this is the standard appeal. Gerry Strathman granted the appeal on the nonconforming doors with the following conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with confornung fire rated doors, 2) the building must otherwise be in compliance. 912 Park Street Gary Torgerson appeared and stated he is seeking a variance with respect to the fire rating on the doors. Gerry Stratlunan asked were there any issues with this appeal. Mike Urmami responded this is the standard appeal. Gerry Strathman granted the appeal on the nonconfornung doors with the following conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance. 2290 Wvcliff Street (Laid over from 10-19-99) Gerry Strathman stated it is his understanding that the Fire Department and the buiiding owner have reached an agreement with respect to these tanks. (Appeal withdrawn; the matter has been resolved.) 1345 Marshall Avenue (Rescheduled from 11-2-99) The following people appeared: Daniel Zeddies, representing J.F.T. Corporation, and John F. Tracy, J.F.T. Corporation. �t� \\�c� PROPERTY CODE ENFORCEMENT MINUTES OF 11-16-99 Page 2 Mr. Zeddies stated this property was ordered to disconnect from the sanitary sewer on Marshall Avenue in 7une 1999. The ea-tension of time granted for doang that was one yeaz. Tracy Oil was at the intersecfion of Hauiline and Marshall Avenues for many years. The City adopted the ordinance for disconnection of rainleaders and other lines that were going into sanitary and combined sewers, which was effective April 1987. In fall 1987, there were plans to tear down Tracy Oil and install a new facility. In September 1987, J.F.T. presented plans to the City, and permits were granted. The corporation paid ali the fees including $6,750 to connect to the sanitary and storm sewers. The City had difficulty with new construction requiring them to go into two sepazate sewers, which didn't exist at that time. The City issued permits, two connections were made to the sanitary sewer on Mazshall Avenue, and two separate systems were installed. The certificate of occupancy was issued in Mazch of 1988. In January 1988, Mr. Zeddies stated, J.F.T. received a norice of a granting of temporary easement to a line going down Hamline Avenue. Two lines were installed in Hamline Avenue the suuuner of 1989. There were no provisions (stubs) made for J.F.T. to connect to the Hamline Avenue lines. The City has claimed recently that there was a misunderstanding and that J.F.T. was suppose to go the City's design consultants to install a stub, which sounds implausible to Mr. Zeddies. Also, J.F.T. paid $3,286 as an assessment for the Hamline sewer; therefore, the Hamline sewer was obviously intended for their properiy, but they were never told there was an opportunity or an obligation to connect to it. This issue sat dormant for 11 years, stated Mr. Zeddies. J.F.T. received a notice from Public Works to connect. The cost would be about $5,000 if J.F.T. had the opportunity to use their stubs, but what the City wants J.F.T. to do now would cost much more. To connect, J.F.T. would need to go into the middle of the intersection of Marshall and Hamiine, tap into the manhole, tear up the sheet, and add traffic control. J.F.T. has two estimates: $35,874 and $32,400. Of those estimates, more than 80% is due to the fact that they have to go into the street as opposed to connecting to a stub. This is all because the City did not include them into their pians for the Hamline Avenue sewer. Mr. Tracy wrote to the City engineer and requested the City share in the cost for the work. If necessary, J.F.T. is willing to take appropriate actions to make sure this happens. Gerry Strathman asked why the hook up has to be in the manhole instead of going directly to Hamline Avenue. He was told, responded Mr. Zaddies, the giant sewer collection is under I-94 for the entire Metro area going to Pig's Eye, and the Hamline sewer is very deep. Kazl Johnson, Sewer Utility, reported the building is connected to the sanitary system. He has gone through their records, which are spotty. He has documentation that J.F.T. received notification of request for stubs. The sewer in Hamline is about 40 feet deep. Overall construction going to Mazshall would have been cheaper, but there was not a request sigied by the properiy ownex; therefore, a stub was not installed. G� ���� PROPERTY CODE ENFORCEMENT MINLJT'ES OF 11-16-99 Page 3 Mr. Zeddies asked to see a notice of request for stub. (Mr. 7ohnson gave Mr. Zeddies a copy of this correspondence.) Mr. Zeddies stated the properry owner submitted the plans to the City wluch showed the connection to Mazshatl Avenue, which was illegaL The City was not left out of the plans here. Mr. Strathman stated there aze two issues here: 1) There is a dispute as to who was notified and who is responsible, 2) Additional time may be needed to take caze of this matter. Mr. Strathman asked what is Mr. Zeddies seeking at this hearing. Mr. Zeddies responded he is here today because the City has granted an extension of one yeaz, but the problem is with the requirement to pick up the entire cost of doing this. Mr. Strathxnan stated this is not the forum for a legal dispute to be resolved. Since Mr. Strathman has not heard from the City that they will accept an offer to share the cost, J.F.T. may have to go to another forum to extract that cooperation. While the matter is under appeal, the City cannot take enforcement action. Additional time would allow J.F.T. time to pursue their legal remedies. Mr Zeddies stated the City will be charging them for putting storxn water into the sanitary sewer. If the matter is moved to the court system, ThermoRetic will be asking for an injunction on that. He asked can the entire process be suspended while this matter is worked out. Mr. Strathman responded these are costs the City incurs because they are charged by the Met Council for processing storm water that enters into the sanitary sewer. Mr. Strathman cannot waive that charge. Mr. Strathman asked is a year enough time. Mr. Zeddies responded it may take longer to go through the court system. Gerry Strathman granted a two year extension to hook up to the City sewer system. 1100 Hancock Street (No one appeared representing the property.) Mike Urmann reported he informed the appellant he had no dispute with the appeal. Gerry Straflunan granted a variance for the deadbolt locks on all the bedroom doors. lll Empire Drive The following appeared: George Fredericks, project manager for New Mech Sprinkler Division; Larry Raymond, Operations Manager and a Vice President, representing the contractor. �� ��3� PROPERTY CODE ENFORCEMENT MINUTES OF 11-16-99 Page 4 Mr. Strathman stated the ordinance that govems these matters indicates the property owner has the rights to appeal, yet the letter here from Cluistopher Cahill indicated Mr. Raymond has the right to appeal. Christopher Cahill reported he was in enor when he wrote the letter. There is still a disagreement and there needs to be an appropriate forum to resolve this issue. Mr Strathman stated he is willing to do one of two things: 1) Direct the City Clerk's office to refund the filing fee, 2) The properiy owner could file under the same fee. Mr. Raymond responded he would prefez the filing fee be refunded. However, he would like to leave this meering with an understanding that this should be taken to the State Fire Mazshall's Office. Mr. Cahill stated that is the most appropriate place. Mr. Fredericks stated he was concemed about the properiy owner filing an appeal in time. Mr. Strathman asked how long these matters take at the State Fire Marshall Office. Mr. Cahill responded a few months. Gerry Strathman's decision was as follows: 1) This matter will be taken to the State Fire Marshall's Office, which everyone agreed is the appropriate foruxn for this matter, 2) If the building owner wishes to file an appeal after the proceedings with the State Fire Marshall, that appeal will be considered timely, 3) the $25 filing fee will be refunded. 828-840 White Bear Avenue North Gary Torgerson, owner, appeared and stated he has a problem with Item 7 on the corrections list. He would like it to be more specific. 828 to 840 White Bear are five different businesses. (Item 7 reads as follows: Provide that all electrical wiring and associated appliances meet code, work is to be done under permit from the City of St. Paul.) Mike Urmann reported he spoke to the inspector. It was their opinions that the item be vague because of the number of orders. They are asking the owner to contact a licensed electrician to go through the site and correct a11 open electrical circuits, broken and separated conduits, and open splices. They are not asking for the current electrical system to be redone, but to conect the problems that are appazent in the building. Mr. Torgerson stated this property was inspected in May of 1998 and was issued a certificate of occupancy. He spent $12,000 on the electrical, a11 aparirnents have been rewired above the businesses. Mr. Strathman asked was there a way for the inspector to be more specifia Mr. Urmann responded the inspector could; however, the orders came out this way to have the owner take the responsibiliTy to have a licensed person make the judgements instead of Fire Prevention devising the electrical system. ��"l PROPERTY CODE ENFORCEMENT MINUTES OF 11-16-99 Page 5 Mr. Strathman stated he understands the Fire Depamnent's approach is better, but if the inspector could identify specifically those issues that need remedied, that wouid be a good faith compromise on both parts. Mr. Urmann stated he will have the inspector get together with the building owner and do that. Gerry Strathman denied the appeal, but requested Fire Prevenfion to do an inspection and idenrify specifically what items need to be corrected. If after that is done, Mr. Torgerson feels the order is inappropriate, he can file another appeal and the filing fee will be waived. 1000 Sho�Road The following appeared: Bnxce J. Holdhusen, ThermoRetec Consulting Corporafion, and Louis Boldwaluui, Canadian Pacific Railway, 501 Marquete Avenue, Minneapolis. Gerry Strathman stated he read the correspondence and the issue is complicated. Phil Owens, Commercial Building Inspectors Supervisor, cannot attend this meering today. Most of the issues revoive azound what is permitted in the State fire code. Mr. Strathman asked is this matter being reviewed by the State Fire Marshall. Mr. Holdhusen responded Fire Prevention has requested a code interpretafion on the State level. For Canadian Pacific Railway to pursue an appeal of the order on the State level, they need approval at the local level. Mike Urmann reported he spoke to Mr. Owens this morning. The originai orders have not been issued yet. Mr. Owens is more than willing to appear at a future date. Mr. Strathman stated he is skeptical about whether this appeal is in the right fotum. His authority is limited to the interpretation of the City fire code. Mr. Holdhusen responded Mr. Owens has said he is not going to take any action at the City level until it has been resolved at the State. (Mr. Holdhusen presented a letter to Mr. Strathman.) Mr. Strathman stated the letter seems to imply that the issue has to be heard from the City first and then the State. Mr. Holdhusen stated the State has jurisdicrion of the tank size limitation and the City has jurisdiction over citing of the tanks. To proceed to the State to appeal their order, they would need approval from the City Council or other authority that there aze no objections at the local level. Mr. Strathman stated this is a complicated matter and he would need some advice from the city attorneys office about what is the proper procedural way to break out of this situafion. He asked was there a problem with laying over this matter. Mr. Boldwal�hn responded they go through a lot of fuel. They chose to instali a smaller tank; this will a11ow them to inspect tke tanks on a regular basis because they wili be able to empty one. This past weekend, They aimost ran out of fuel in their 225,000 gallon tank. They need the 500,000 gallon tank to be put back into service. �� �t� PROPERTY CODE ENFORCEMENT MINiJTES OF 11-16-99 Page 6 Mr. Stratlunan laid over this matter to a special Properry Code Enforcement meeting on November 18, 1999,130 p.m. 559 McKnight Road Suuth (The appellant did not appear, nor did City staff.) Gerry Strathman denied the appeal citing lack of informafion from Leonazd Anderson, the appellant, and City staff. The meeting was adjourned at 2:26 p.m. rtn ; m2��c�eb\ — ��1�'�'�� ORIGINAL Presented by Referred To Committee Date BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the November 16, 1999, decision of the Legislative Hearing Officer as follows: 3 Property Ap eo aled Ap elu lant 4 1404 RaYmond Avenue Carlton E. Mix for Kasota Leasing Coip. 5 Decision: Appeal granted on the nonconfornung doors with the following conditions: 1) when the 6 nonconforming doars need to be replaced, they will be replaced with confonning fire rated doars, 2) the 7 building must otherwise be in compliance. 8 912 Park Street 7ohn McCarthy 9 Decision: Appeal granted on the nonconfornung doors with the following conditions: 1) when the 10 nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the 11 building must otherwise be in compliance. 12 2290 Wvcliff Street (Laid over from 10-19-99) 13 (Appeal withdrawn; the matter has been resolved.) Dennis Kilbane 14 1345 Marshall Avenue (Rescheduled from 11-2-99) John F. Tracy for J.F.T. Cotporation 15 Decision: Two year extension granted to hook up to the City sewer system. 16 1100 Hancock Street Mary Kay McJilton for People Incorporated 17 Decision: Variance granted on deadbolt locks for all the bedroom doors. 18 111 Empire Drive Lany Raymond for New Mech Companies 19 Decision: 1) This appeal will be taken to the State Fire Marshall's Office, 2) if the building owner wishes to 20 file an appeal after the proceedings with the State Fire Marshall, that appeal will be considered timely, 3) the 21 filing fees will be refunded. 22 828-840 White Beaz Avenue North Gary Torgerson 23 Decision: Appeal denied, but Fire Prevention is requested to coriduct an inspection and identify specifically 24 what items need to be corrected. RESOLUTION CITY OF SAINT PAUL, MINNESOTA �o Council File # 't9 - 11 ��5 Crreen Sheet # 101639 25 1000 Shoo Road Bruce J. Holdhusen for ThermoRetec Cons. 26 Decision: Laid over to a special Properry Code Enforcement meeting on November 18, 1999, and the City 27 Council meeting of December 1, 1999. Properiy Code Enforcement meeting, 11-16-99 1 559 McKnight Road South 2 Decision: Appeal denied. ORIG{NAL 3 4 5 6 7 8 9 Yeas Nays Absent Blakey � Coleman � Harris �" Benanav � Reiter i/ Bostrom �/ Lantry J � � 1Q AdoptedbyCouncil: Date ���, c�� � 11 `��' 12 Adoption C ified by� cil S��retary� �— 13 By: �� 14 15 Approved by I�y, . Date vL , \�_ 16 / � 17 sy: ( � Resolution 101639 qq-1t3� Leonard Anderson �0.� d� �� e'" � �� � e-c _ g 1ov. 30 ��is\q�:,,� 1��� , d C;� C�un1c . L �'�� Requested by Department of: � Form Approved by City Attorney � Approved by Mayor for Submission to Council � 2 QQ _ � � �as� DFPARTMINf/OFFICElOOUNCIL DAiE INmATED • �'�, � v.� City Council Offices 11-17-99 GREEN SHEET No 101639 CONTACT PERSON & PFiOP1E Np1a11Db NIIWIaIs Gerry Strathman, 266-8575 oarun�rowceroie rnruirei MUST BE ON COUNCIL AGEAY.Y� BY (OA7EJ November 24, 1999 �"�" xul�etFae ur�.Tmwa. anmrt ROUT@1G �� p1Yicl�I.fFRYItisOR wY1RI�laFRYIACCTC ❑ wvaelwtllwsrAlm ❑ TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) CTION RC-0UES7� Approving the 11-16-99 decision of the Legislative Hearing Officer on Property Code Enforcement appeals for the following addresses: 1404 Raymond Avenue, 912 Park Street, 2290 Wycliff Street, 1345 Marshall Avenue, 1100 Hancock Street, 111 Empire Drive, 828-840 White Bear Avenue North, 1000 Shop Road, and 559 McKnight Road South. RECOMMENDATION Approve (A) a ReJect (R) VERSONALSERVICE CON7RACf5 MUSTANSWER7HE FOLLOWIN6 QUESTIONS: 1. F�tluspersoNfirme�arv.nrlaeduMeracantrac[fortliicdepaAment? PLANNMG CAMMISSION VES No CIB CAMMITTEE -- 2. F�s this pereauhrm ever been a aly employee9 CIVIL SERVICE COMMISSION YES NO 3. Does this P�� D� a s160 not iwimalbW� bY anY curre�rt dly.empbyeel YES NQ 4. Is this pe�eoNfirm a targeted vendoY7 YES NO F.�lain all Yes ansvrt,vs on separste sheet and attach to O�n aheet - INITIATINC, PR08LEM ISSl1E, OPPORTUNITY (Who, Whaf, When, Where, Why) • ADVANTAGESIFAPPROVED f:O�:�Gs's i'f9��=??'.^,`; tar,"fi�T , � � a � d `a [��a7 DISADVANTAGES IFAPPROVED DISADVANTAGESIFNOTAPPROVFD � � " -- 70TAL AMOUNT OF TRANSACTION t ' CO3TlREVQ7UE BUDfiETm (CIRGLE ON� YE5 NO FUNDINGSOURCE � ACTMTYNUI�ER FlNANCIAL MFORMATION (EXPLAIl� �� � ��o ��. NOTES OF Tf� PROPERTY CODE ENFORCEMENT MEETING Tuesday, November 16, 1999 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 131 p.m. STAFF PRESENT: Christopher Cahill, Fire Prevention; Karl Johnson, Public Works-Sewer Utility; Mike Urmann, Fire Prevention 1404 Raymond Avenue Carlton E. Nix appeared and stated he is seeking a variance with respect to the fire rating on the doors. Gerry Strathman asked were there any issues with this appeal. Make Urmann responded this is the standard appeal. Gerry Strathman granted the appeal on the nonconforming doors with the following conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with confornung fire rated doors, 2) the building must otherwise be in compliance. 912 Park Street Gary Torgerson appeared and stated he is seeking a variance with respect to the fire rating on the doors. Gerry Stratlunan asked were there any issues with this appeal. Mike Urmami responded this is the standard appeal. Gerry Strathman granted the appeal on the nonconfornung doors with the following conditions: 1) when the nonconforming doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance. 2290 Wvcliff Street (Laid over from 10-19-99) Gerry Strathman stated it is his understanding that the Fire Department and the buiiding owner have reached an agreement with respect to these tanks. (Appeal withdrawn; the matter has been resolved.) 1345 Marshall Avenue (Rescheduled from 11-2-99) The following people appeared: Daniel Zeddies, representing J.F.T. Corporation, and John F. Tracy, J.F.T. Corporation. �t� \\�c� PROPERTY CODE ENFORCEMENT MINUTES OF 11-16-99 Page 2 Mr. Zeddies stated this property was ordered to disconnect from the sanitary sewer on Marshall Avenue in 7une 1999. The ea-tension of time granted for doang that was one yeaz. Tracy Oil was at the intersecfion of Hauiline and Marshall Avenues for many years. The City adopted the ordinance for disconnection of rainleaders and other lines that were going into sanitary and combined sewers, which was effective April 1987. In fall 1987, there were plans to tear down Tracy Oil and install a new facility. In September 1987, J.F.T. presented plans to the City, and permits were granted. The corporation paid ali the fees including $6,750 to connect to the sanitary and storm sewers. The City had difficulty with new construction requiring them to go into two sepazate sewers, which didn't exist at that time. The City issued permits, two connections were made to the sanitary sewer on Mazshall Avenue, and two separate systems were installed. The certificate of occupancy was issued in Mazch of 1988. In January 1988, Mr. Zeddies stated, J.F.T. received a norice of a granting of temporary easement to a line going down Hamline Avenue. Two lines were installed in Hamline Avenue the suuuner of 1989. There were no provisions (stubs) made for J.F.T. to connect to the Hamline Avenue lines. The City has claimed recently that there was a misunderstanding and that J.F.T. was suppose to go the City's design consultants to install a stub, which sounds implausible to Mr. Zeddies. Also, J.F.T. paid $3,286 as an assessment for the Hamline sewer; therefore, the Hamline sewer was obviously intended for their properiy, but they were never told there was an opportunity or an obligation to connect to it. This issue sat dormant for 11 years, stated Mr. Zeddies. J.F.T. received a notice from Public Works to connect. The cost would be about $5,000 if J.F.T. had the opportunity to use their stubs, but what the City wants J.F.T. to do now would cost much more. To connect, J.F.T. would need to go into the middle of the intersection of Marshall and Hamiine, tap into the manhole, tear up the sheet, and add traffic control. J.F.T. has two estimates: $35,874 and $32,400. Of those estimates, more than 80% is due to the fact that they have to go into the street as opposed to connecting to a stub. This is all because the City did not include them into their pians for the Hamline Avenue sewer. Mr. Tracy wrote to the City engineer and requested the City share in the cost for the work. If necessary, J.F.T. is willing to take appropriate actions to make sure this happens. Gerry Strathman asked why the hook up has to be in the manhole instead of going directly to Hamline Avenue. He was told, responded Mr. Zaddies, the giant sewer collection is under I-94 for the entire Metro area going to Pig's Eye, and the Hamline sewer is very deep. Kazl Johnson, Sewer Utility, reported the building is connected to the sanitary system. He has gone through their records, which are spotty. He has documentation that J.F.T. received notification of request for stubs. The sewer in Hamline is about 40 feet deep. Overall construction going to Mazshall would have been cheaper, but there was not a request sigied by the properiy ownex; therefore, a stub was not installed. G� ���� PROPERTY CODE ENFORCEMENT MINLJT'ES OF 11-16-99 Page 3 Mr. Zeddies asked to see a notice of request for stub. (Mr. 7ohnson gave Mr. Zeddies a copy of this correspondence.) Mr. Zeddies stated the properry owner submitted the plans to the City wluch showed the connection to Mazshatl Avenue, which was illegaL The City was not left out of the plans here. Mr. Strathman stated there aze two issues here: 1) There is a dispute as to who was notified and who is responsible, 2) Additional time may be needed to take caze of this matter. Mr. Strathman asked what is Mr. Zeddies seeking at this hearing. Mr. Zeddies responded he is here today because the City has granted an extension of one yeaz, but the problem is with the requirement to pick up the entire cost of doing this. Mr. Strathxnan stated this is not the forum for a legal dispute to be resolved. Since Mr. Strathman has not heard from the City that they will accept an offer to share the cost, J.F.T. may have to go to another forum to extract that cooperation. While the matter is under appeal, the City cannot take enforcement action. Additional time would allow J.F.T. time to pursue their legal remedies. Mr Zeddies stated the City will be charging them for putting storxn water into the sanitary sewer. If the matter is moved to the court system, ThermoRetic will be asking for an injunction on that. He asked can the entire process be suspended while this matter is worked out. Mr. Strathman responded these are costs the City incurs because they are charged by the Met Council for processing storm water that enters into the sanitary sewer. Mr. Strathman cannot waive that charge. Mr. Strathman asked is a year enough time. Mr. Zeddies responded it may take longer to go through the court system. Gerry Strathman granted a two year extension to hook up to the City sewer system. 1100 Hancock Street (No one appeared representing the property.) Mike Urmann reported he informed the appellant he had no dispute with the appeal. Gerry Straflunan granted a variance for the deadbolt locks on all the bedroom doors. lll Empire Drive The following appeared: George Fredericks, project manager for New Mech Sprinkler Division; Larry Raymond, Operations Manager and a Vice President, representing the contractor. �� ��3� PROPERTY CODE ENFORCEMENT MINUTES OF 11-16-99 Page 4 Mr. Strathman stated the ordinance that govems these matters indicates the property owner has the rights to appeal, yet the letter here from Cluistopher Cahill indicated Mr. Raymond has the right to appeal. Christopher Cahill reported he was in enor when he wrote the letter. There is still a disagreement and there needs to be an appropriate forum to resolve this issue. Mr Strathman stated he is willing to do one of two things: 1) Direct the City Clerk's office to refund the filing fee, 2) The properiy owner could file under the same fee. Mr. Raymond responded he would prefez the filing fee be refunded. However, he would like to leave this meering with an understanding that this should be taken to the State Fire Mazshall's Office. Mr. Cahill stated that is the most appropriate place. Mr. Fredericks stated he was concemed about the properiy owner filing an appeal in time. Mr. Strathman asked how long these matters take at the State Fire Marshall Office. Mr. Cahill responded a few months. Gerry Strathman's decision was as follows: 1) This matter will be taken to the State Fire Marshall's Office, which everyone agreed is the appropriate foruxn for this matter, 2) If the building owner wishes to file an appeal after the proceedings with the State Fire Marshall, that appeal will be considered timely, 3) the $25 filing fee will be refunded. 828-840 White Bear Avenue North Gary Torgerson, owner, appeared and stated he has a problem with Item 7 on the corrections list. He would like it to be more specific. 828 to 840 White Bear are five different businesses. (Item 7 reads as follows: Provide that all electrical wiring and associated appliances meet code, work is to be done under permit from the City of St. Paul.) Mike Urmann reported he spoke to the inspector. It was their opinions that the item be vague because of the number of orders. They are asking the owner to contact a licensed electrician to go through the site and correct a11 open electrical circuits, broken and separated conduits, and open splices. They are not asking for the current electrical system to be redone, but to conect the problems that are appazent in the building. Mr. Torgerson stated this property was inspected in May of 1998 and was issued a certificate of occupancy. He spent $12,000 on the electrical, a11 aparirnents have been rewired above the businesses. Mr. Strathman asked was there a way for the inspector to be more specifia Mr. Urmann responded the inspector could; however, the orders came out this way to have the owner take the responsibiliTy to have a licensed person make the judgements instead of Fire Prevention devising the electrical system. ��"l PROPERTY CODE ENFORCEMENT MINUTES OF 11-16-99 Page 5 Mr. Strathman stated he understands the Fire Depamnent's approach is better, but if the inspector could identify specifically those issues that need remedied, that wouid be a good faith compromise on both parts. Mr. Urmann stated he will have the inspector get together with the building owner and do that. Gerry Strathman denied the appeal, but requested Fire Prevenfion to do an inspection and idenrify specifically what items need to be corrected. If after that is done, Mr. Torgerson feels the order is inappropriate, he can file another appeal and the filing fee will be waived. 1000 Sho�Road The following appeared: Bnxce J. Holdhusen, ThermoRetec Consulting Corporafion, and Louis Boldwaluui, Canadian Pacific Railway, 501 Marquete Avenue, Minneapolis. Gerry Strathman stated he read the correspondence and the issue is complicated. Phil Owens, Commercial Building Inspectors Supervisor, cannot attend this meering today. Most of the issues revoive azound what is permitted in the State fire code. Mr. Strathman asked is this matter being reviewed by the State Fire Marshall. Mr. Holdhusen responded Fire Prevention has requested a code interpretafion on the State level. For Canadian Pacific Railway to pursue an appeal of the order on the State level, they need approval at the local level. Mike Urmann reported he spoke to Mr. Owens this morning. The originai orders have not been issued yet. Mr. Owens is more than willing to appear at a future date. Mr. Strathman stated he is skeptical about whether this appeal is in the right fotum. His authority is limited to the interpretation of the City fire code. Mr. Holdhusen responded Mr. Owens has said he is not going to take any action at the City level until it has been resolved at the State. (Mr. Holdhusen presented a letter to Mr. Strathman.) Mr. Strathman stated the letter seems to imply that the issue has to be heard from the City first and then the State. Mr. Holdhusen stated the State has jurisdicrion of the tank size limitation and the City has jurisdiction over citing of the tanks. To proceed to the State to appeal their order, they would need approval from the City Council or other authority that there aze no objections at the local level. Mr. Strathman stated this is a complicated matter and he would need some advice from the city attorneys office about what is the proper procedural way to break out of this situafion. He asked was there a problem with laying over this matter. Mr. Boldwal�hn responded they go through a lot of fuel. They chose to instali a smaller tank; this will a11ow them to inspect tke tanks on a regular basis because they wili be able to empty one. This past weekend, They aimost ran out of fuel in their 225,000 gallon tank. They need the 500,000 gallon tank to be put back into service. �� �t� PROPERTY CODE ENFORCEMENT MINiJTES OF 11-16-99 Page 6 Mr. Stratlunan laid over this matter to a special Properry Code Enforcement meeting on November 18, 1999,130 p.m. 559 McKnight Road Suuth (The appellant did not appear, nor did City staff.) Gerry Strathman denied the appeal citing lack of informafion from Leonazd Anderson, the appellant, and City staff. The meeting was adjourned at 2:26 p.m. rtn