Loading...
99-938Council File # qq _ q,,3 $' Presented Refened To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the September 21, 2 1999, decision of the Legislative Hearing Officer on Properiy Code Enforcement Appeals for the following 3 addresses: 4 Property Ap ep aled Appellant 5 147 Maria Avenue Geratd Hazding 6 Decision: V ariance granted on the nonconfornung doors with the £ollowing conditions: 1) when the 7 nonconforming doors need to be replaced, they will be replaced with conforming fire rated doars, 2) the 8 building must otherwise be in compliance. 9 1716 Grand Avenue Tom Klein 10 Decision: Variance granted on the nonconfomung doars with the following conditions: 1) when the 11 nonconfornung doars need to be replaced, they will be replaced with conforming fire rated doars, 2) the 12 building must otherwise be in compliance. 13 234 Montrose Place Betty Clapp 14 Decision: Variance granted on the nonconforming doors with the following conditions: 1) when the 15 nonconforming doors need to be replaced, they wi11 be replaced with conforming fire rated doors, 2) the 16 building must otherwise be in compliance. 17 1847 Laurel Avenue Joe Crea 18 Decision: Variance granted on the nonconforming doors with the following conditions: 1) when the 19 nonconfornung doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the 20 building must otherwise be in compliance. 21 909 Clazk Street (Laid over from 6-15-99) 22 Decision: Appeal denied. 23 1440 Edgerton Street (Laid over from 9-7-99) 24 Decision: Appeal denied. Machaela MaYwell for Florence Slater Bridgett Budgetts 25 960 Westem Street I�orth Sharon and Dennis Armstrong, Sheila Clark 26 Decision: Appeal denied. 27 370 Fuller Avenue Tenance Luther 28 Decision: Order amended to provide that a safisfactory load test must be completed by Apri16, 2000, or a 29 written contract for upgrading the electrical service signed by Apri16, 2000. RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # 101629 .' Crreen Sheet 101629 2 2167 Old Hudson Road Kenneth Solfis for Ba11y Total Fitness ag'� 3 Decision: Appeal granted with the understauding that the Office of License, Inspections, Environmental 4 Protecfion (LIEP) will be provided with a written statement as to the procedures and processes used in the 5 shower to ensure that the shower tiles will not grow bacteria, mold, or fungus. 6 1115 Greenbrier Street James Jaszczak for Arlington Hills 7(The issue is resolved and the appeal has been withdrawn.) Lutheran Church 8 9 10 I1 12 13 14 Yeas Na s Absent Blakey f Coleman f Harris ,� Benanav � Reiter � Bostrom �� Lantry ✓ r ( O O 15 16 17 Adopted by Council: Date:� _�. ` \qCq_ 18 19 Adopfion Certified by Council Secretary 20 By: � � _ (� 1. � _ �_._--.. 21 Approved b ayor: �� 22 Aate: 23 By: Requested by Department of: C Form Approved by City Attorney I� Approved by Mayor for Submission to Council C 2 q9•93P' City Council StratY�man, 266-8575 October 6. 19 TOTAL # OF SIGNATURE PAGES 9-23-99 ROUf111G ORDER GREEN SHEET nr.,a,rert awg.oR No 10� �29 crtrcowc�. ❑�.,� o�,� ❑ wuMO��a�aMCCSO.c ❑ wu�rn�amwKerc ❑ W'YO1tlOR11E6[�Itn ❑ (CLJP ALL LOCATIONS FOR SIGNATURE) Apgroving the decisions of the Legislative Heaxing Officer for the 9-21-99 Property Code Enforcement meeting on the following addresses: 147 Maria Avenue, 1716 Grand Avenue,- 234 Montrose Place, 1847 Laurel Avenue, 909 Clark Street, 1440 Edgerton Street, 960 Western Street North, 370 Fuller Avenue, 2167 Old Hudson Road, and 1115 Greenbrier Street. a PLANNING COMMISSION CIB COMMITfEE CNIL SERVICE COMMISSfON Has ihis oe�sa+R�m e+er wo'ked under a �onUact for mis dePahmenY7 YES NO Has tlds µnaUfirm e.erbeen a cily empbyee? YES NO Daes tlus A�� D� a sltiA rot �atmallYDOasessetl M anY curteM cilY emWoYee2 YES NO la this P��irm a tar9�ed vendaYt YES NO dain all ves answns an sma2M sheet and aMach W nreen shcet V����� 61�iS4r�T�.. ?.!';:{�5��� sEP � s �s�s SOL7RCE WFORMAiION (EAPWN) CAST/RkVEN�E B�DCiETED �CIRCLE ON�) AC7N�TY NUMBER VES NO � c1q-9�Y NOTES OF THE PROPERTY CODE ENFOKCEMENT MEETING OF 9-21-99 Page 2 1847 Laurel Avenue Joe Crea, owner, appeared and stated he is here to appeal the replacement of all the panel doors with 20 minute fire rated doors. The building is over 100 yeazs old, and these are the original heavy oak doors. He has owned the buildiug for 30 years and it is in compliance with a11 other requests for conections. Michael Urmann reported this is a regulaz fire doar issue and he has no problem with a variance. Gerry Strathxnan granted a variance on the nonconforming doors with the following conditions: 1) when the nonconfornung doors need to be replaced, they wili be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance. 909 Clark Street (Laid over from 6-15-99) (No one appeared representing the property.) Paula Seelep reported this issue has been taken care of according to Steve Magner. Gerry Strathman denied the appeal. 1440 Edgerton Street (Laid over from 9-7-99) John Betz, Code Enforcement, appeared and stated the City received a request to look at holes in a failed sidewalk. It was inspected by Pubfic Works Sewer Division, and they found there were holes under the sidewalk. This was referred to Animal Control, which did a fog test on the properiy, and found there was a break in the private sewer service. This was then referred to Code Enforcement, and a nofice was sent to the properry owner. Peter Gallagher, Public Works Sewer Utility, reported the house is actually connected to the sewer on Ariington. The street is an oiled street and has not been repaved. There was storm sewer work on the other end of the block near Payne Avenue in 1970. There are some new patches over the gas line in the street 10 to 15 feet west of this property's sewer service, and another about 60 feet away. Mr. Gallagher did not see any evidence of digging construction other than the new patches. Bridgett Budgetts, owner, appeazed and stated she received a notice in the mail that she needed to have repairs done to her sewer 1ine. There was some sort of digging done on the street in July 1998 and 3uly 1499, which caused the sewer to backup in her basement. When she called a plumber to repair it, he found a little grauel in the sewer line. Two days after a gas repaix, she again had to call a plumber to have the sewer unplugged. It continues to back up each tune work is done in the street. I .�q.q'�Y NOTES OF TI� PROPERTY CODE ENFORCEMENT MEETING OF 9-21-99 Page 3 Mr. Strathman asked is this property on the corner of Fdgerton and Arlington. Mr. CTallagher responded yes and said there has not been any sewer work done on Arlington. Ms. Budgets stated there was work done last summer across the street on Arlington. Mr. Gallagher responded there was no sewer wark done. Mr. Strathman asked is it reasonable to suppose that work done by the gas or water utilities caused a problem here. Mr. Gallagher responded the only patching in the slreet was over the gas main. The gas main is only about 4 feet deep most of the time. The location of the two patches would not indicate there was much to do with the sewer. Mr. Strathman asked when the sewer was built. Mr. Gallagher responded the sewer main was built in 1916 and the permit for the house is from 1919. Ms. Budgets responded the house was built in 1895. Mr. Gallagher stated they would have replaced the septic system in about 1919. Gerry Strathman denied the appeai. Absent any evidence that the City was the cause of the break in the sewer line and given the sewer service is 80 years old, it is likely the sewer line would deteriorate in a period of 80 years. Throughout the City, the properry owner is responsible for the sewer from their home to the street. 960 Western Street North Dennis Armstrong and Sheila Clark, tenants, appeared. Mr. Armstrong stated they received a letter that the property was up for auction. They found out the properry was condemned, the owner lost ownership, and the properiy had been referred to IMC Mortgage Company. Mr. Aimstrong has been trying to contact them to buy the property. He has been working on the property since it has been condemned, and would like to stay there. Gerry Strathxnan stated owners are not allowed to chazge rent for condemned properry. Mr. Armstrong responded the mortgage company knows about them being at this properiy, but he has not heard anything from them. David Weisberg reported the owner defaulted on the properry. The attorney for the mortgage company cannot take possession for six months. The tenants are the only ones doing anything with the properiy. They have started to make repairs, but the repairs needed are extensive. Mr. Weisberg wrote the owner Thomas Meyer a series of citations; Mr. Meyer said he was no longer the responsible pariy. (Mr. Weisberg presented photographs, which were later returned.) Gerry Strathman denied the appeal. Once the Ciiy has declazed the properiy unfit for habitation there is some risk to the City. The ownership is unclear. The tenants will have to move out of this building. It is not prudent for the tenants to repair a building they do not own. Whenever the ownership does become clear, the owner would be the one to benefit from the tenants' labor. aa.q�' NOTES OF THE PROPERTY CODE ENFORCEME;NT MEETING OF 9-21-99 Page 4 370 Fuller Avenue Terrance Luther, owner, appeazed and stated the time frame is unrealisric to investigate the electrical concern. He has made numerous phone calls and found the electrical business is busy this time of the year. He needs a load test done by a professional, and has called several electricians. One came out on Friday to look at it for a new service, but not the load test. Mr. Luther has spent $10,000 on the building so far. Two families are living there. Pauly Seeley reported this is a 30 amp service. She has had reports of a fuse being blown. She is wiliing to give additional tune of six months to a year to upgrade. Ms. Seeley will accept a load count calculation from an electrician to ensure it is a safe service. Mr. Strathman asked Mr. Luther which alternative he would like. Mr. Luther responded he would like to take the second option to have a year to find an electrician and upgrade the service. Mr. Strathman stated he thinks a year is a long time and asked is Ms. Seeley comfortable with a year. Ms. Seeley responded she is willing to wait a year if the following is done: a written estimate from an electrician, the job started in approximately March 1999, a commitment in writing, and no more tenants calling her about fuses being blown ar life safety issues. Mr. Strathman amended the order to haue a satisfactory load test compieted or the electricai service contracted to be done in writing by Apri16, 2000. 2167 Old Hudson Road Kenneth Soltis, Alan Ruth, and John Kangus from Bally Total Fitness appeazed. Mr. Soltis stated he received a building permit from the City of Saint Paul which showed the detail of construction, means, and methods for installing the ceramic tile in the shower azea. They applied for the certificate of occupancy. They were asked to install a cove tile base in the shower azeas, the concern was there may be bacteria, algae, or fungus growing in the grout joint. Based on the Ba11y Tota1 Fitness maintenance schedule and the way the insulation is installed, there would be very minimal if any bacteria, algae, or fungus growing in that grout joint line. Ba11y Tota1 Fitness out sources the maintenance of the club. The tight ground joint gets cleaned twice a day. Gerry Strathman asked is it impervious to water and not conducive to growth of bacteria and algae. Mr. Soltis responded that is correct and he would refer to his contractor for additional technical information. Brian Krawiecki reported when he went to approve the license far the health club, he noticed there was not a cove base, which is required in the licensing code to prevent any type of algae ar bacteria growth. If they aze wiiling to sign an agreement concerning the cleaning, Mr. Krawiecki is willing to accept that. (Mr. Soltis turned in photographs of the shower azea and a maintenance schedule.) c�q .9�' NOTES OF T`HE PROPERTY CODE ENFORCEMENT MEETING OF 9-21-99 Page 5 Gerry Strathman read the code and stated the requirement that it be impervious to moisture and growth is the basic requirement of the ordinance; the next sentence in the code sunply describes the preferred way of doing it. If there is assurauce from the owner that it is impervious to moishue and that bacteria, mold, and fungus will not be growing there because of their maintenance schedule, that would be satisfactory. He asked can the maintenance schedule be part of the record. Mr. Soltis responded yes and he would like to add to the schedule the materials that are used for cleaning. Gerry Stratbman granted the appeai with the understanding that LIEP will be provided with a written statement as to the procedures and processes used in the shower to ensure that the tile will not grow bacteria, mold, or fungus. 1115 Greenbrier Street (Per Phil Owens in Fire Prevention, the issue is resolved and the appeal has been withdrawn.) The meeting was adjourned at 2:15 p.m. rrn q 9 -`13d` NOTES OF THE PROPERTY CODE ENFORCEMENT MEETING Tuesday, September 21, 1999 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: John Betz, Code Enforcement; Peter Gallagher, Public Works Sewer Utility; Brian Krawiecki, License, Inspections, Environmentai Protection (LIEP); Paula Seeley, Code Enforcement; Michael Urmann, Fire Prevention; David Weisberg, Code Enforcement The meeting was called to order at 1:34 pm. 147 Maria Avenue Gerald Hazding, owner, appeared and stated he is appealing Item 8 on the Deficiency/Conection List, which is to provide fire doors on units. These aze solid panel doors, which have been on this property for 40 years. Michael Urxnann reported this is a regular fire door issue and he has no problem with a variance. Gerry Strathman granted a variance on the nonconforming 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. 1716 Grand Avenue Tom Klein stated he is one of the principals of the ownership group for H& T Enterprises, LLC. This properiy was built in 1915, and these are the original doors. Michael Urmann reported this is a regular fire doar issue and he has no problem with a variance. Gerry Strathman granted a variance 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. 234 Montrose Place Betry Clapp, Properry Manager for Mid-Metro Realty, appeared and stated she is appealing the requirement to have 20 minute fire rated doors. This property was built in 1939, and these aze the original doors. Michael Urmann reported this is a regular fire door issue and he has no problem with a variance. Gerry Strathman granted a variance on the nonconforming doors with the following conditions: 1) when the nonconformiug doors need to be replaced, they wiil be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance. Council File # qq _ q,,3 $' Presented Refened To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the September 21, 2 1999, decision of the Legislative Hearing Officer on Properiy Code Enforcement Appeals for the following 3 addresses: 4 Property Ap ep aled Appellant 5 147 Maria Avenue Geratd Hazding 6 Decision: V ariance granted on the nonconfornung doors with the £ollowing conditions: 1) when the 7 nonconforming doors need to be replaced, they will be replaced with conforming fire rated doars, 2) the 8 building must otherwise be in compliance. 9 1716 Grand Avenue Tom Klein 10 Decision: Variance granted on the nonconfomung doars with the following conditions: 1) when the 11 nonconfornung doars need to be replaced, they will be replaced with conforming fire rated doars, 2) the 12 building must otherwise be in compliance. 13 234 Montrose Place Betty Clapp 14 Decision: Variance granted on the nonconforming doors with the following conditions: 1) when the 15 nonconforming doors need to be replaced, they wi11 be replaced with conforming fire rated doors, 2) the 16 building must otherwise be in compliance. 17 1847 Laurel Avenue Joe Crea 18 Decision: Variance granted on the nonconforming doors with the following conditions: 1) when the 19 nonconfornung doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the 20 building must otherwise be in compliance. 21 909 Clazk Street (Laid over from 6-15-99) 22 Decision: Appeal denied. 23 1440 Edgerton Street (Laid over from 9-7-99) 24 Decision: Appeal denied. Machaela MaYwell for Florence Slater Bridgett Budgetts 25 960 Westem Street I�orth Sharon and Dennis Armstrong, Sheila Clark 26 Decision: Appeal denied. 27 370 Fuller Avenue Tenance Luther 28 Decision: Order amended to provide that a safisfactory load test must be completed by Apri16, 2000, or a 29 written contract for upgrading the electrical service signed by Apri16, 2000. RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # 101629 .' Crreen Sheet 101629 2 2167 Old Hudson Road Kenneth Solfis for Ba11y Total Fitness ag'� 3 Decision: Appeal granted with the understauding that the Office of License, Inspections, Environmental 4 Protecfion (LIEP) will be provided with a written statement as to the procedures and processes used in the 5 shower to ensure that the shower tiles will not grow bacteria, mold, or fungus. 6 1115 Greenbrier Street James Jaszczak for Arlington Hills 7(The issue is resolved and the appeal has been withdrawn.) Lutheran Church 8 9 10 I1 12 13 14 Yeas Na s Absent Blakey f Coleman f Harris ,� Benanav � Reiter � Bostrom �� Lantry ✓ r ( O O 15 16 17 Adopted by Council: Date:� _�. ` \qCq_ 18 19 Adopfion Certified by Council Secretary 20 By: � � _ (� 1. � _ �_._--.. 21 Approved b ayor: �� 22 Aate: 23 By: Requested by Department of: C Form Approved by City Attorney I� Approved by Mayor for Submission to Council C 2 q9•93P' City Council StratY�man, 266-8575 October 6. 19 TOTAL # OF SIGNATURE PAGES 9-23-99 ROUf111G ORDER GREEN SHEET nr.,a,rert awg.oR No 10� �29 crtrcowc�. ❑�.,� o�,� ❑ wuMO��a�aMCCSO.c ❑ wu�rn�amwKerc ❑ W'YO1tlOR11E6[�Itn ❑ (CLJP ALL LOCATIONS FOR SIGNATURE) Apgroving the decisions of the Legislative Heaxing Officer for the 9-21-99 Property Code Enforcement meeting on the following addresses: 147 Maria Avenue, 1716 Grand Avenue,- 234 Montrose Place, 1847 Laurel Avenue, 909 Clark Street, 1440 Edgerton Street, 960 Western Street North, 370 Fuller Avenue, 2167 Old Hudson Road, and 1115 Greenbrier Street. a PLANNING COMMISSION CIB COMMITfEE CNIL SERVICE COMMISSfON Has ihis oe�sa+R�m e+er wo'ked under a �onUact for mis dePahmenY7 YES NO Has tlds µnaUfirm e.erbeen a cily empbyee? YES NO Daes tlus A�� D� a sltiA rot �atmallYDOasessetl M anY curteM cilY emWoYee2 YES NO la this P��irm a tar9�ed vendaYt YES NO dain all ves answns an sma2M sheet and aMach W nreen shcet V����� 61�iS4r�T�.. ?.!';:{�5��� sEP � s �s�s SOL7RCE WFORMAiION (EAPWN) CAST/RkVEN�E B�DCiETED �CIRCLE ON�) AC7N�TY NUMBER VES NO � c1q-9�Y NOTES OF THE PROPERTY CODE ENFOKCEMENT MEETING OF 9-21-99 Page 2 1847 Laurel Avenue Joe Crea, owner, appeared and stated he is here to appeal the replacement of all the panel doors with 20 minute fire rated doors. The building is over 100 yeazs old, and these are the original heavy oak doors. He has owned the buildiug for 30 years and it is in compliance with a11 other requests for conections. Michael Urmann reported this is a regulaz fire doar issue and he has no problem with a variance. Gerry Strathxnan granted a variance on the nonconforming doors with the following conditions: 1) when the nonconfornung doors need to be replaced, they wili be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance. 909 Clark Street (Laid over from 6-15-99) (No one appeared representing the property.) Paula Seelep reported this issue has been taken care of according to Steve Magner. Gerry Strathman denied the appeal. 1440 Edgerton Street (Laid over from 9-7-99) John Betz, Code Enforcement, appeared and stated the City received a request to look at holes in a failed sidewalk. It was inspected by Pubfic Works Sewer Division, and they found there were holes under the sidewalk. This was referred to Animal Control, which did a fog test on the properiy, and found there was a break in the private sewer service. This was then referred to Code Enforcement, and a nofice was sent to the properry owner. Peter Gallagher, Public Works Sewer Utility, reported the house is actually connected to the sewer on Ariington. The street is an oiled street and has not been repaved. There was storm sewer work on the other end of the block near Payne Avenue in 1970. There are some new patches over the gas line in the street 10 to 15 feet west of this property's sewer service, and another about 60 feet away. Mr. Gallagher did not see any evidence of digging construction other than the new patches. Bridgett Budgetts, owner, appeazed and stated she received a notice in the mail that she needed to have repairs done to her sewer 1ine. There was some sort of digging done on the street in July 1998 and 3uly 1499, which caused the sewer to backup in her basement. When she called a plumber to repair it, he found a little grauel in the sewer line. Two days after a gas repaix, she again had to call a plumber to have the sewer unplugged. It continues to back up each tune work is done in the street. I .�q.q'�Y NOTES OF TI� PROPERTY CODE ENFORCEMENT MEETING OF 9-21-99 Page 3 Mr. Strathman asked is this property on the corner of Fdgerton and Arlington. Mr. CTallagher responded yes and said there has not been any sewer work done on Arlington. Ms. Budgets stated there was work done last summer across the street on Arlington. Mr. Gallagher responded there was no sewer wark done. Mr. Strathman asked is it reasonable to suppose that work done by the gas or water utilities caused a problem here. Mr. Gallagher responded the only patching in the slreet was over the gas main. The gas main is only about 4 feet deep most of the time. The location of the two patches would not indicate there was much to do with the sewer. Mr. Strathman asked when the sewer was built. Mr. Gallagher responded the sewer main was built in 1916 and the permit for the house is from 1919. Ms. Budgets responded the house was built in 1895. Mr. Gallagher stated they would have replaced the septic system in about 1919. Gerry Strathman denied the appeai. Absent any evidence that the City was the cause of the break in the sewer line and given the sewer service is 80 years old, it is likely the sewer line would deteriorate in a period of 80 years. Throughout the City, the properry owner is responsible for the sewer from their home to the street. 960 Western Street North Dennis Armstrong and Sheila Clark, tenants, appeared. Mr. Armstrong stated they received a letter that the property was up for auction. They found out the properry was condemned, the owner lost ownership, and the properiy had been referred to IMC Mortgage Company. Mr. Aimstrong has been trying to contact them to buy the property. He has been working on the property since it has been condemned, and would like to stay there. Gerry Strathxnan stated owners are not allowed to chazge rent for condemned properry. Mr. Armstrong responded the mortgage company knows about them being at this properiy, but he has not heard anything from them. David Weisberg reported the owner defaulted on the properry. The attorney for the mortgage company cannot take possession for six months. The tenants are the only ones doing anything with the properiy. They have started to make repairs, but the repairs needed are extensive. Mr. Weisberg wrote the owner Thomas Meyer a series of citations; Mr. Meyer said he was no longer the responsible pariy. (Mr. Weisberg presented photographs, which were later returned.) Gerry Strathman denied the appeal. Once the Ciiy has declazed the properiy unfit for habitation there is some risk to the City. The ownership is unclear. The tenants will have to move out of this building. It is not prudent for the tenants to repair a building they do not own. Whenever the ownership does become clear, the owner would be the one to benefit from the tenants' labor. aa.q�' NOTES OF THE PROPERTY CODE ENFORCEME;NT MEETING OF 9-21-99 Page 4 370 Fuller Avenue Terrance Luther, owner, appeazed and stated the time frame is unrealisric to investigate the electrical concern. He has made numerous phone calls and found the electrical business is busy this time of the year. He needs a load test done by a professional, and has called several electricians. One came out on Friday to look at it for a new service, but not the load test. Mr. Luther has spent $10,000 on the building so far. Two families are living there. Pauly Seeley reported this is a 30 amp service. She has had reports of a fuse being blown. She is wiliing to give additional tune of six months to a year to upgrade. Ms. Seeley will accept a load count calculation from an electrician to ensure it is a safe service. Mr. Strathman asked Mr. Luther which alternative he would like. Mr. Luther responded he would like to take the second option to have a year to find an electrician and upgrade the service. Mr. Strathman stated he thinks a year is a long time and asked is Ms. Seeley comfortable with a year. Ms. Seeley responded she is willing to wait a year if the following is done: a written estimate from an electrician, the job started in approximately March 1999, a commitment in writing, and no more tenants calling her about fuses being blown ar life safety issues. Mr. Strathman amended the order to haue a satisfactory load test compieted or the electricai service contracted to be done in writing by Apri16, 2000. 2167 Old Hudson Road Kenneth Soltis, Alan Ruth, and John Kangus from Bally Total Fitness appeazed. Mr. Soltis stated he received a building permit from the City of Saint Paul which showed the detail of construction, means, and methods for installing the ceramic tile in the shower azea. They applied for the certificate of occupancy. They were asked to install a cove tile base in the shower azeas, the concern was there may be bacteria, algae, or fungus growing in the grout joint. Based on the Ba11y Tota1 Fitness maintenance schedule and the way the insulation is installed, there would be very minimal if any bacteria, algae, or fungus growing in that grout joint line. Ba11y Tota1 Fitness out sources the maintenance of the club. The tight ground joint gets cleaned twice a day. Gerry Strathman asked is it impervious to water and not conducive to growth of bacteria and algae. Mr. Soltis responded that is correct and he would refer to his contractor for additional technical information. Brian Krawiecki reported when he went to approve the license far the health club, he noticed there was not a cove base, which is required in the licensing code to prevent any type of algae ar bacteria growth. If they aze wiiling to sign an agreement concerning the cleaning, Mr. Krawiecki is willing to accept that. (Mr. Soltis turned in photographs of the shower azea and a maintenance schedule.) c�q .9�' NOTES OF T`HE PROPERTY CODE ENFORCEMENT MEETING OF 9-21-99 Page 5 Gerry Strathman read the code and stated the requirement that it be impervious to moisture and growth is the basic requirement of the ordinance; the next sentence in the code sunply describes the preferred way of doing it. If there is assurauce from the owner that it is impervious to moishue and that bacteria, mold, and fungus will not be growing there because of their maintenance schedule, that would be satisfactory. He asked can the maintenance schedule be part of the record. Mr. Soltis responded yes and he would like to add to the schedule the materials that are used for cleaning. Gerry Stratbman granted the appeai with the understanding that LIEP will be provided with a written statement as to the procedures and processes used in the shower to ensure that the tile will not grow bacteria, mold, or fungus. 1115 Greenbrier Street (Per Phil Owens in Fire Prevention, the issue is resolved and the appeal has been withdrawn.) The meeting was adjourned at 2:15 p.m. rrn q 9 -`13d` NOTES OF THE PROPERTY CODE ENFORCEMENT MEETING Tuesday, September 21, 1999 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: John Betz, Code Enforcement; Peter Gallagher, Public Works Sewer Utility; Brian Krawiecki, License, Inspections, Environmentai Protection (LIEP); Paula Seeley, Code Enforcement; Michael Urmann, Fire Prevention; David Weisberg, Code Enforcement The meeting was called to order at 1:34 pm. 147 Maria Avenue Gerald Hazding, owner, appeared and stated he is appealing Item 8 on the Deficiency/Conection List, which is to provide fire doors on units. These aze solid panel doors, which have been on this property for 40 years. Michael Urxnann reported this is a regular fire door issue and he has no problem with a variance. Gerry Strathman granted a variance on the nonconforming 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. 1716 Grand Avenue Tom Klein stated he is one of the principals of the ownership group for H& T Enterprises, LLC. This properiy was built in 1915, and these are the original doors. Michael Urmann reported this is a regular fire doar issue and he has no problem with a variance. Gerry Strathman granted a variance 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. 234 Montrose Place Betry Clapp, Properry Manager for Mid-Metro Realty, appeared and stated she is appealing the requirement to have 20 minute fire rated doors. This property was built in 1939, and these aze the original doors. Michael Urmann reported this is a regular fire door issue and he has no problem with a variance. Gerry Strathman granted a variance on the nonconforming doors with the following conditions: 1) when the nonconformiug doors need to be replaced, they wiil be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance. Council File # qq _ q,,3 $' Presented Refened To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the September 21, 2 1999, decision of the Legislative Hearing Officer on Properiy Code Enforcement Appeals for the following 3 addresses: 4 Property Ap ep aled Appellant 5 147 Maria Avenue Geratd Hazding 6 Decision: V ariance granted on the nonconfornung doors with the £ollowing conditions: 1) when the 7 nonconforming doors need to be replaced, they will be replaced with conforming fire rated doars, 2) the 8 building must otherwise be in compliance. 9 1716 Grand Avenue Tom Klein 10 Decision: Variance granted on the nonconfomung doars with the following conditions: 1) when the 11 nonconfornung doars need to be replaced, they will be replaced with conforming fire rated doars, 2) the 12 building must otherwise be in compliance. 13 234 Montrose Place Betty Clapp 14 Decision: Variance granted on the nonconforming doors with the following conditions: 1) when the 15 nonconforming doors need to be replaced, they wi11 be replaced with conforming fire rated doors, 2) the 16 building must otherwise be in compliance. 17 1847 Laurel Avenue Joe Crea 18 Decision: Variance granted on the nonconforming doors with the following conditions: 1) when the 19 nonconfornung doors need to be replaced, they will be replaced with conforming fire rated doors, 2) the 20 building must otherwise be in compliance. 21 909 Clazk Street (Laid over from 6-15-99) 22 Decision: Appeal denied. 23 1440 Edgerton Street (Laid over from 9-7-99) 24 Decision: Appeal denied. Machaela MaYwell for Florence Slater Bridgett Budgetts 25 960 Westem Street I�orth Sharon and Dennis Armstrong, Sheila Clark 26 Decision: Appeal denied. 27 370 Fuller Avenue Tenance Luther 28 Decision: Order amended to provide that a safisfactory load test must be completed by Apri16, 2000, or a 29 written contract for upgrading the electrical service signed by Apri16, 2000. RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # 101629 .' Crreen Sheet 101629 2 2167 Old Hudson Road Kenneth Solfis for Ba11y Total Fitness ag'� 3 Decision: Appeal granted with the understauding that the Office of License, Inspections, Environmental 4 Protecfion (LIEP) will be provided with a written statement as to the procedures and processes used in the 5 shower to ensure that the shower tiles will not grow bacteria, mold, or fungus. 6 1115 Greenbrier Street James Jaszczak for Arlington Hills 7(The issue is resolved and the appeal has been withdrawn.) Lutheran Church 8 9 10 I1 12 13 14 Yeas Na s Absent Blakey f Coleman f Harris ,� Benanav � Reiter � Bostrom �� Lantry ✓ r ( O O 15 16 17 Adopted by Council: Date:� _�. ` \qCq_ 18 19 Adopfion Certified by Council Secretary 20 By: � � _ (� 1. � _ �_._--.. 21 Approved b ayor: �� 22 Aate: 23 By: Requested by Department of: C Form Approved by City Attorney I� Approved by Mayor for Submission to Council C 2 q9•93P' City Council StratY�man, 266-8575 October 6. 19 TOTAL # OF SIGNATURE PAGES 9-23-99 ROUf111G ORDER GREEN SHEET nr.,a,rert awg.oR No 10� �29 crtrcowc�. ❑�.,� o�,� ❑ wuMO��a�aMCCSO.c ❑ wu�rn�amwKerc ❑ W'YO1tlOR11E6[�Itn ❑ (CLJP ALL LOCATIONS FOR SIGNATURE) Apgroving the decisions of the Legislative Heaxing Officer for the 9-21-99 Property Code Enforcement meeting on the following addresses: 147 Maria Avenue, 1716 Grand Avenue,- 234 Montrose Place, 1847 Laurel Avenue, 909 Clark Street, 1440 Edgerton Street, 960 Western Street North, 370 Fuller Avenue, 2167 Old Hudson Road, and 1115 Greenbrier Street. a PLANNING COMMISSION CIB COMMITfEE CNIL SERVICE COMMISSfON Has ihis oe�sa+R�m e+er wo'ked under a �onUact for mis dePahmenY7 YES NO Has tlds µnaUfirm e.erbeen a cily empbyee? YES NO Daes tlus A�� D� a sltiA rot �atmallYDOasessetl M anY curteM cilY emWoYee2 YES NO la this P��irm a tar9�ed vendaYt YES NO dain all ves answns an sma2M sheet and aMach W nreen shcet V����� 61�iS4r�T�.. ?.!';:{�5��� sEP � s �s�s SOL7RCE WFORMAiION (EAPWN) CAST/RkVEN�E B�DCiETED �CIRCLE ON�) AC7N�TY NUMBER VES NO � c1q-9�Y NOTES OF THE PROPERTY CODE ENFOKCEMENT MEETING OF 9-21-99 Page 2 1847 Laurel Avenue Joe Crea, owner, appeared and stated he is here to appeal the replacement of all the panel doors with 20 minute fire rated doors. The building is over 100 yeazs old, and these are the original heavy oak doors. He has owned the buildiug for 30 years and it is in compliance with a11 other requests for conections. Michael Urmann reported this is a regulaz fire doar issue and he has no problem with a variance. Gerry Strathxnan granted a variance on the nonconforming doors with the following conditions: 1) when the nonconfornung doors need to be replaced, they wili be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance. 909 Clark Street (Laid over from 6-15-99) (No one appeared representing the property.) Paula Seelep reported this issue has been taken care of according to Steve Magner. Gerry Strathman denied the appeal. 1440 Edgerton Street (Laid over from 9-7-99) John Betz, Code Enforcement, appeared and stated the City received a request to look at holes in a failed sidewalk. It was inspected by Pubfic Works Sewer Division, and they found there were holes under the sidewalk. This was referred to Animal Control, which did a fog test on the properiy, and found there was a break in the private sewer service. This was then referred to Code Enforcement, and a nofice was sent to the properry owner. Peter Gallagher, Public Works Sewer Utility, reported the house is actually connected to the sewer on Ariington. The street is an oiled street and has not been repaved. There was storm sewer work on the other end of the block near Payne Avenue in 1970. There are some new patches over the gas line in the street 10 to 15 feet west of this property's sewer service, and another about 60 feet away. Mr. Gallagher did not see any evidence of digging construction other than the new patches. Bridgett Budgetts, owner, appeazed and stated she received a notice in the mail that she needed to have repairs done to her sewer 1ine. There was some sort of digging done on the street in July 1998 and 3uly 1499, which caused the sewer to backup in her basement. When she called a plumber to repair it, he found a little grauel in the sewer line. Two days after a gas repaix, she again had to call a plumber to have the sewer unplugged. It continues to back up each tune work is done in the street. I .�q.q'�Y NOTES OF TI� PROPERTY CODE ENFORCEMENT MEETING OF 9-21-99 Page 3 Mr. Strathman asked is this property on the corner of Fdgerton and Arlington. Mr. CTallagher responded yes and said there has not been any sewer work done on Arlington. Ms. Budgets stated there was work done last summer across the street on Arlington. Mr. Gallagher responded there was no sewer wark done. Mr. Strathman asked is it reasonable to suppose that work done by the gas or water utilities caused a problem here. Mr. Gallagher responded the only patching in the slreet was over the gas main. The gas main is only about 4 feet deep most of the time. The location of the two patches would not indicate there was much to do with the sewer. Mr. Strathman asked when the sewer was built. Mr. Gallagher responded the sewer main was built in 1916 and the permit for the house is from 1919. Ms. Budgets responded the house was built in 1895. Mr. Gallagher stated they would have replaced the septic system in about 1919. Gerry Strathman denied the appeai. Absent any evidence that the City was the cause of the break in the sewer line and given the sewer service is 80 years old, it is likely the sewer line would deteriorate in a period of 80 years. Throughout the City, the properry owner is responsible for the sewer from their home to the street. 960 Western Street North Dennis Armstrong and Sheila Clark, tenants, appeared. Mr. Armstrong stated they received a letter that the property was up for auction. They found out the properry was condemned, the owner lost ownership, and the properiy had been referred to IMC Mortgage Company. Mr. Aimstrong has been trying to contact them to buy the property. He has been working on the property since it has been condemned, and would like to stay there. Gerry Strathxnan stated owners are not allowed to chazge rent for condemned properry. Mr. Armstrong responded the mortgage company knows about them being at this properiy, but he has not heard anything from them. David Weisberg reported the owner defaulted on the properry. The attorney for the mortgage company cannot take possession for six months. The tenants are the only ones doing anything with the properiy. They have started to make repairs, but the repairs needed are extensive. Mr. Weisberg wrote the owner Thomas Meyer a series of citations; Mr. Meyer said he was no longer the responsible pariy. (Mr. Weisberg presented photographs, which were later returned.) Gerry Strathman denied the appeal. Once the Ciiy has declazed the properiy unfit for habitation there is some risk to the City. The ownership is unclear. The tenants will have to move out of this building. It is not prudent for the tenants to repair a building they do not own. Whenever the ownership does become clear, the owner would be the one to benefit from the tenants' labor. aa.q�' NOTES OF THE PROPERTY CODE ENFORCEME;NT MEETING OF 9-21-99 Page 4 370 Fuller Avenue Terrance Luther, owner, appeazed and stated the time frame is unrealisric to investigate the electrical concern. He has made numerous phone calls and found the electrical business is busy this time of the year. He needs a load test done by a professional, and has called several electricians. One came out on Friday to look at it for a new service, but not the load test. Mr. Luther has spent $10,000 on the building so far. Two families are living there. Pauly Seeley reported this is a 30 amp service. She has had reports of a fuse being blown. She is wiliing to give additional tune of six months to a year to upgrade. Ms. Seeley will accept a load count calculation from an electrician to ensure it is a safe service. Mr. Strathman asked Mr. Luther which alternative he would like. Mr. Luther responded he would like to take the second option to have a year to find an electrician and upgrade the service. Mr. Strathman stated he thinks a year is a long time and asked is Ms. Seeley comfortable with a year. Ms. Seeley responded she is willing to wait a year if the following is done: a written estimate from an electrician, the job started in approximately March 1999, a commitment in writing, and no more tenants calling her about fuses being blown ar life safety issues. Mr. Strathman amended the order to haue a satisfactory load test compieted or the electricai service contracted to be done in writing by Apri16, 2000. 2167 Old Hudson Road Kenneth Soltis, Alan Ruth, and John Kangus from Bally Total Fitness appeazed. Mr. Soltis stated he received a building permit from the City of Saint Paul which showed the detail of construction, means, and methods for installing the ceramic tile in the shower azea. They applied for the certificate of occupancy. They were asked to install a cove tile base in the shower azeas, the concern was there may be bacteria, algae, or fungus growing in the grout joint. Based on the Ba11y Tota1 Fitness maintenance schedule and the way the insulation is installed, there would be very minimal if any bacteria, algae, or fungus growing in that grout joint line. Ba11y Tota1 Fitness out sources the maintenance of the club. The tight ground joint gets cleaned twice a day. Gerry Strathman asked is it impervious to water and not conducive to growth of bacteria and algae. Mr. Soltis responded that is correct and he would refer to his contractor for additional technical information. Brian Krawiecki reported when he went to approve the license far the health club, he noticed there was not a cove base, which is required in the licensing code to prevent any type of algae ar bacteria growth. If they aze wiiling to sign an agreement concerning the cleaning, Mr. Krawiecki is willing to accept that. (Mr. Soltis turned in photographs of the shower azea and a maintenance schedule.) c�q .9�' NOTES OF T`HE PROPERTY CODE ENFORCEMENT MEETING OF 9-21-99 Page 5 Gerry Strathman read the code and stated the requirement that it be impervious to moisture and growth is the basic requirement of the ordinance; the next sentence in the code sunply describes the preferred way of doing it. If there is assurauce from the owner that it is impervious to moishue and that bacteria, mold, and fungus will not be growing there because of their maintenance schedule, that would be satisfactory. He asked can the maintenance schedule be part of the record. Mr. Soltis responded yes and he would like to add to the schedule the materials that are used for cleaning. Gerry Stratbman granted the appeai with the understanding that LIEP will be provided with a written statement as to the procedures and processes used in the shower to ensure that the tile will not grow bacteria, mold, or fungus. 1115 Greenbrier Street (Per Phil Owens in Fire Prevention, the issue is resolved and the appeal has been withdrawn.) The meeting was adjourned at 2:15 p.m. rrn q 9 -`13d` NOTES OF THE PROPERTY CODE ENFORCEMENT MEETING Tuesday, September 21, 1999 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: John Betz, Code Enforcement; Peter Gallagher, Public Works Sewer Utility; Brian Krawiecki, License, Inspections, Environmentai Protection (LIEP); Paula Seeley, Code Enforcement; Michael Urmann, Fire Prevention; David Weisberg, Code Enforcement The meeting was called to order at 1:34 pm. 147 Maria Avenue Gerald Hazding, owner, appeared and stated he is appealing Item 8 on the Deficiency/Conection List, which is to provide fire doors on units. These aze solid panel doors, which have been on this property for 40 years. Michael Urxnann reported this is a regular fire door issue and he has no problem with a variance. Gerry Strathman granted a variance on the nonconforming 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. 1716 Grand Avenue Tom Klein stated he is one of the principals of the ownership group for H& T Enterprises, LLC. This properiy was built in 1915, and these are the original doors. Michael Urmann reported this is a regular fire doar issue and he has no problem with a variance. Gerry Strathman granted a variance 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. 234 Montrose Place Betry Clapp, Properry Manager for Mid-Metro Realty, appeared and stated she is appealing the requirement to have 20 minute fire rated doors. This property was built in 1939, and these aze the original doors. Michael Urmann reported this is a regular fire door issue and he has no problem with a variance. Gerry Strathman granted a variance on the nonconforming doors with the following conditions: 1) when the nonconformiug doors need to be replaced, they wiil be replaced with conforming fire rated doors, 2) the building must otherwise be in compliance.