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97-574Councff File #��. S' y Green Sheet # ��'J� � i ��i� ;� � RESOLUTION �;,� ��_ CITY OFf SAINT PAUL, MINNESOTA /�/ Presented Referred 7 0 i;ommntee Late 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the April 15, 1997 2 decision of the Legislative Hearing Officer: 3 Propert��ealed 4 2091 Skyway Drive 5 Decision: Laid over for 3 months. 1154 Barclay Street Decision: Grant variance for flue gas tests of the furnaces on the condifion that carbon monoxide detectors approved by the Fire Department be installed in all units. 10 1645 and 1665 Marion Street 11 Decision: Grant 2-yeaz extension for 1645, 1665 and 12 1650 Marion. 13 1483 Matilda 14 Decision: Grant 30-day extension. A�nellant Elna Freseman Bruce Beaubien Fred M. Brick Edward Yunkers Requested by Depaztment o£ � Form Approved by City Attorney By: Adopted by Council: Date � � t Adoprion Certified by Council Secre� Approved by Mayor for Submission to Council BY: �o. � '� BY: Approved by Mayor: Date �/��1 �f By: `�^ q� �s?y DE�IIRTMENT EICOUNqL DATE INITIATED - f v v v v CITYCOUNCII, 516/97 GREE{V SHEE CONTACT PERSON & PHONE INITIALIDATE INITIAUDATE �DEPARTMENTDIRE aCfTYCOUNQL Gerry Strathman 266-8575 ASSIGN CITV ATTORNEY pTV CLERK MUST BE ON CAUNC�L AGENDA BY (DATE) NUMBEfl FOA � � flOUiING � BUDGEf DIRECTOq � FIN. $ MGT. SEflVIGES DIR. May 6 � 19� OROEq � MAYOR (OR ASSISTANn � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUEST�D: Approving the decision of the I,egislative Hearing Officer on Property Code Enforcement Appeals for the May 6, 1997 meeting. RECAMMENDA710NS: Approva (n) or Reject (R� pEHSONAL SERVICE CONTRACTS MUST ANSWER TNE FOLLOWING DUESTIONS: _ PLANNING CAMM�SSION _, CIVIL SERVICE COMMISSION �� Has this persoNfirm evar worked untler a coMract for this tlepartmem? _ CIB COMMITfEE _ YES NO _�� 2. Has this personttirm ever been a city empbyee? — YES NO _ olsiRlCT cpuqi _ 3. Does lhi5 persoMrm possess a skill not normally possessed by any curreM ciry employee? SUPPORTS WHICH C��INCIL OBJECfIVE'+ YES NO Explain all yes answers on sepa�ate sheet and attach to 9��� sheat INRIATMG PROBLEM, ISSUE.OPPORTUNITY(Who, What, When, Where, Why). ADVATITAGES IF APPFOVED: OISADVPNTAGE5IF APPROVED: DISADVANTAGESIPNtlTAPPROVE�: �� � " - I v��� MAY 05 19�7 J(}� Ct3��lNS TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIIBfa SOURCE ACTIVI7Y NUMBER FINANCIAL INFORR4ATION: (EXPLAIN) �I �-� s� y Property Code Enforcement Meeting May 6,1997 2091 Skyway Drive Gary Freseman appeared and stated that he was representing his mother, Elna Freseman, the properry owner. She received nofice stating that her sepuc system did not comply with the existing city code. In 1991 the system was upgraded to meet code. When the inspection was done in 1995, the inspector said there wasn't anythiug malfuncrioning with the system but that it did not meet the new code. His mother's contention is that as long as the system is not malfuncting, she should not be required to have and work done. Tom LaClair, LIEP, reported that a decision was made at the state level. Peter Warner from the City Attorney's office will be preparing an interpretation for the City Council. He recoznmended this matter be laid over until clarification is received from the City Council. Mr. Strathman explained that some years ago the St. Paul Legislarive Code was changed to meet state requirements and the result was that septic systems which use a drywell became unacceptable or to have failed. A few months ago, a number of homeowners with property in sunilaz situations came before the City Council and made the argument that they thought that this requirement was unnecessary and unreasonable and that the city should not be enforcing it. City staff have been consulting with the state and recently received a response from the state. Staff now needs to consultant with the city attorney to find out how to interpret this decision and to bring a proposal to the City Council. Mr. Strathman recommended the matter be laid over for three months. 1154 Barclav Street Bruce Beaubien appeared and stated that he is appealing the certificate of occupancy inspection requiring him to provide a copy of 12 flue gas tests of the furnaces. There are 12 units and each unit has its own forced air furnace. Approximately 2 to 2'/a years ago, they were all checked and there was nothing wrong with them. Mr. Strathman stated that he would recommend granting a variance for flue gas tests of the furnaces on the condition that cazbon mono�de detectors approved by the Fire Department be installed in all the units by September 1, 1997. 1645 and 1665 Marion Street Fred Brick, Property Manager, appeared and stated Yhat he manages the properties at 1645, 1665 and 1650 Marion. He is appealing the corrections requested on the certificate of occupancy, the sealing of the area azound the pipes undemeath the bathroom and kitchen sinks. This is both unnecessary and excessive and considers the code requirement unreasonable. q�- s�y With the 78 units involved in the three buildings, it would involve hours of work and he has only one maintenance person. The least expensive and what was suggested by the inspector was to put metal rings azound the pipes and push them up against the wall. It would not be air tight but it would cover up the area. The cost for labor and materials would be azound $2,000; about 78 hours of work figuring one hour fot each apattment and the inconvenience for the people involved. Pat Fish ttoted that there is a fire rated caulk on the market that is acceptable. Mr. Stratham recommended granting a 2-yeaz extension for 1645, 1665 and 1650 Marion Street with the understauding that this will be corrected before the nea�t certificate of occupancy inspection in two yeazs, and that the variance would not be extended at that time. 1483 Mafilda Fdward Yunkers, properiy owner, appeared and stated that he is appealing the short amount of rime he is being given to move. The work listed by the inspector needs to be done but he needs time to consider his options and to try and arrange for financing. He contacted Transamerica for financing to purchase another place and he would like a 60-day extension to a11ow him time to find another place.. Dick Lippert, Public Health, reported that the building is cleazly substandazd in every respect. The building should have been condemned immediately but in an effort to be more than reasonable, they gave him 30 days to work out some of the details. Mr. Strathman asked if the building was occupied Mr. Yunkers responded that it is being occupied by himself, his roommate and a homeless lady. Nfr. Strathman recommended granting an ea�tension for no more than 30 days from today. Councff File #��. S' y Green Sheet # ��'J� � i ��i� ;� � RESOLUTION �;,� ��_ CITY OFf SAINT PAUL, MINNESOTA /�/ Presented Referred 7 0 i;ommntee Late 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the April 15, 1997 2 decision of the Legislative Hearing Officer: 3 Propert��ealed 4 2091 Skyway Drive 5 Decision: Laid over for 3 months. 1154 Barclay Street Decision: Grant variance for flue gas tests of the furnaces on the condifion that carbon monoxide detectors approved by the Fire Department be installed in all units. 10 1645 and 1665 Marion Street 11 Decision: Grant 2-yeaz extension for 1645, 1665 and 12 1650 Marion. 13 1483 Matilda 14 Decision: Grant 30-day extension. A�nellant Elna Freseman Bruce Beaubien Fred M. Brick Edward Yunkers Requested by Depaztment o£ � Form Approved by City Attorney By: Adopted by Council: Date � � t Adoprion Certified by Council Secre� Approved by Mayor for Submission to Council BY: �o. � '� BY: Approved by Mayor: Date �/��1 �f By: `�^ q� �s?y DE�IIRTMENT EICOUNqL DATE INITIATED - f v v v v CITYCOUNCII, 516/97 GREE{V SHEE CONTACT PERSON & PHONE INITIALIDATE INITIAUDATE �DEPARTMENTDIRE aCfTYCOUNQL Gerry Strathman 266-8575 ASSIGN CITV ATTORNEY pTV CLERK MUST BE ON CAUNC�L AGENDA BY (DATE) NUMBEfl FOA � � flOUiING � BUDGEf DIRECTOq � FIN. $ MGT. SEflVIGES DIR. May 6 � 19� OROEq � MAYOR (OR ASSISTANn � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUEST�D: Approving the decision of the I,egislative Hearing Officer on Property Code Enforcement Appeals for the May 6, 1997 meeting. RECAMMENDA710NS: Approva (n) or Reject (R� pEHSONAL SERVICE CONTRACTS MUST ANSWER TNE FOLLOWING DUESTIONS: _ PLANNING CAMM�SSION _, CIVIL SERVICE COMMISSION �� Has this persoNfirm evar worked untler a coMract for this tlepartmem? _ CIB COMMITfEE _ YES NO _�� 2. Has this personttirm ever been a city empbyee? — YES NO _ olsiRlCT cpuqi _ 3. Does lhi5 persoMrm possess a skill not normally possessed by any curreM ciry employee? SUPPORTS WHICH C��INCIL OBJECfIVE'+ YES NO Explain all yes answers on sepa�ate sheet and attach to 9��� sheat INRIATMG PROBLEM, ISSUE.OPPORTUNITY(Who, What, When, Where, Why). ADVATITAGES IF APPFOVED: OISADVPNTAGE5IF APPROVED: DISADVANTAGESIPNtlTAPPROVE�: �� � " - I v��� MAY 05 19�7 J(}� Ct3��lNS TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIIBfa SOURCE ACTIVI7Y NUMBER FINANCIAL INFORR4ATION: (EXPLAIN) �I �-� s� y Property Code Enforcement Meeting May 6,1997 2091 Skyway Drive Gary Freseman appeared and stated that he was representing his mother, Elna Freseman, the properry owner. She received nofice stating that her sepuc system did not comply with the existing city code. In 1991 the system was upgraded to meet code. When the inspection was done in 1995, the inspector said there wasn't anythiug malfuncrioning with the system but that it did not meet the new code. His mother's contention is that as long as the system is not malfuncting, she should not be required to have and work done. Tom LaClair, LIEP, reported that a decision was made at the state level. Peter Warner from the City Attorney's office will be preparing an interpretation for the City Council. He recoznmended this matter be laid over until clarification is received from the City Council. Mr. Strathman explained that some years ago the St. Paul Legislarive Code was changed to meet state requirements and the result was that septic systems which use a drywell became unacceptable or to have failed. A few months ago, a number of homeowners with property in sunilaz situations came before the City Council and made the argument that they thought that this requirement was unnecessary and unreasonable and that the city should not be enforcing it. City staff have been consulting with the state and recently received a response from the state. Staff now needs to consultant with the city attorney to find out how to interpret this decision and to bring a proposal to the City Council. Mr. Strathman recommended the matter be laid over for three months. 1154 Barclav Street Bruce Beaubien appeared and stated that he is appealing the certificate of occupancy inspection requiring him to provide a copy of 12 flue gas tests of the furnaces. There are 12 units and each unit has its own forced air furnace. Approximately 2 to 2'/a years ago, they were all checked and there was nothing wrong with them. Mr. Strathman stated that he would recommend granting a variance for flue gas tests of the furnaces on the condition that cazbon mono�de detectors approved by the Fire Department be installed in all the units by September 1, 1997. 1645 and 1665 Marion Street Fred Brick, Property Manager, appeared and stated Yhat he manages the properties at 1645, 1665 and 1650 Marion. He is appealing the corrections requested on the certificate of occupancy, the sealing of the area azound the pipes undemeath the bathroom and kitchen sinks. This is both unnecessary and excessive and considers the code requirement unreasonable. q�- s�y With the 78 units involved in the three buildings, it would involve hours of work and he has only one maintenance person. The least expensive and what was suggested by the inspector was to put metal rings azound the pipes and push them up against the wall. It would not be air tight but it would cover up the area. The cost for labor and materials would be azound $2,000; about 78 hours of work figuring one hour fot each apattment and the inconvenience for the people involved. Pat Fish ttoted that there is a fire rated caulk on the market that is acceptable. Mr. Stratham recommended granting a 2-yeaz extension for 1645, 1665 and 1650 Marion Street with the understauding that this will be corrected before the nea�t certificate of occupancy inspection in two yeazs, and that the variance would not be extended at that time. 1483 Mafilda Fdward Yunkers, properiy owner, appeared and stated that he is appealing the short amount of rime he is being given to move. The work listed by the inspector needs to be done but he needs time to consider his options and to try and arrange for financing. He contacted Transamerica for financing to purchase another place and he would like a 60-day extension to a11ow him time to find another place.. Dick Lippert, Public Health, reported that the building is cleazly substandazd in every respect. The building should have been condemned immediately but in an effort to be more than reasonable, they gave him 30 days to work out some of the details. Mr. Strathman asked if the building was occupied Mr. Yunkers responded that it is being occupied by himself, his roommate and a homeless lady. Nfr. Strathman recommended granting an ea�tension for no more than 30 days from today. Councff File #��. S' y Green Sheet # ��'J� � i ��i� ;� � RESOLUTION �;,� ��_ CITY OFf SAINT PAUL, MINNESOTA /�/ Presented Referred 7 0 i;ommntee Late 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the April 15, 1997 2 decision of the Legislative Hearing Officer: 3 Propert��ealed 4 2091 Skyway Drive 5 Decision: Laid over for 3 months. 1154 Barclay Street Decision: Grant variance for flue gas tests of the furnaces on the condifion that carbon monoxide detectors approved by the Fire Department be installed in all units. 10 1645 and 1665 Marion Street 11 Decision: Grant 2-yeaz extension for 1645, 1665 and 12 1650 Marion. 13 1483 Matilda 14 Decision: Grant 30-day extension. A�nellant Elna Freseman Bruce Beaubien Fred M. Brick Edward Yunkers Requested by Depaztment o£ � Form Approved by City Attorney By: Adopted by Council: Date � � t Adoprion Certified by Council Secre� Approved by Mayor for Submission to Council BY: �o. � '� BY: Approved by Mayor: Date �/��1 �f By: `�^ q� �s?y DE�IIRTMENT EICOUNqL DATE INITIATED - f v v v v CITYCOUNCII, 516/97 GREE{V SHEE CONTACT PERSON & PHONE INITIALIDATE INITIAUDATE �DEPARTMENTDIRE aCfTYCOUNQL Gerry Strathman 266-8575 ASSIGN CITV ATTORNEY pTV CLERK MUST BE ON CAUNC�L AGENDA BY (DATE) NUMBEfl FOA � � flOUiING � BUDGEf DIRECTOq � FIN. $ MGT. SEflVIGES DIR. May 6 � 19� OROEq � MAYOR (OR ASSISTANn � TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUEST�D: Approving the decision of the I,egislative Hearing Officer on Property Code Enforcement Appeals for the May 6, 1997 meeting. RECAMMENDA710NS: Approva (n) or Reject (R� pEHSONAL SERVICE CONTRACTS MUST ANSWER TNE FOLLOWING DUESTIONS: _ PLANNING CAMM�SSION _, CIVIL SERVICE COMMISSION �� Has this persoNfirm evar worked untler a coMract for this tlepartmem? _ CIB COMMITfEE _ YES NO _�� 2. Has this personttirm ever been a city empbyee? — YES NO _ olsiRlCT cpuqi _ 3. Does lhi5 persoMrm possess a skill not normally possessed by any curreM ciry employee? SUPPORTS WHICH C��INCIL OBJECfIVE'+ YES NO Explain all yes answers on sepa�ate sheet and attach to 9��� sheat INRIATMG PROBLEM, ISSUE.OPPORTUNITY(Who, What, When, Where, Why). ADVATITAGES IF APPFOVED: OISADVPNTAGE5IF APPROVED: DISADVANTAGESIPNtlTAPPROVE�: �� � " - I v��� MAY 05 19�7 J(}� Ct3��lNS TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIIBfa SOURCE ACTIVI7Y NUMBER FINANCIAL INFORR4ATION: (EXPLAIN) �I �-� s� y Property Code Enforcement Meeting May 6,1997 2091 Skyway Drive Gary Freseman appeared and stated that he was representing his mother, Elna Freseman, the properry owner. She received nofice stating that her sepuc system did not comply with the existing city code. In 1991 the system was upgraded to meet code. When the inspection was done in 1995, the inspector said there wasn't anythiug malfuncrioning with the system but that it did not meet the new code. His mother's contention is that as long as the system is not malfuncting, she should not be required to have and work done. Tom LaClair, LIEP, reported that a decision was made at the state level. Peter Warner from the City Attorney's office will be preparing an interpretation for the City Council. He recoznmended this matter be laid over until clarification is received from the City Council. Mr. Strathman explained that some years ago the St. Paul Legislarive Code was changed to meet state requirements and the result was that septic systems which use a drywell became unacceptable or to have failed. A few months ago, a number of homeowners with property in sunilaz situations came before the City Council and made the argument that they thought that this requirement was unnecessary and unreasonable and that the city should not be enforcing it. City staff have been consulting with the state and recently received a response from the state. Staff now needs to consultant with the city attorney to find out how to interpret this decision and to bring a proposal to the City Council. Mr. Strathman recommended the matter be laid over for three months. 1154 Barclav Street Bruce Beaubien appeared and stated that he is appealing the certificate of occupancy inspection requiring him to provide a copy of 12 flue gas tests of the furnaces. There are 12 units and each unit has its own forced air furnace. Approximately 2 to 2'/a years ago, they were all checked and there was nothing wrong with them. Mr. Strathman stated that he would recommend granting a variance for flue gas tests of the furnaces on the condition that cazbon mono�de detectors approved by the Fire Department be installed in all the units by September 1, 1997. 1645 and 1665 Marion Street Fred Brick, Property Manager, appeared and stated Yhat he manages the properties at 1645, 1665 and 1650 Marion. He is appealing the corrections requested on the certificate of occupancy, the sealing of the area azound the pipes undemeath the bathroom and kitchen sinks. This is both unnecessary and excessive and considers the code requirement unreasonable. q�- s�y With the 78 units involved in the three buildings, it would involve hours of work and he has only one maintenance person. The least expensive and what was suggested by the inspector was to put metal rings azound the pipes and push them up against the wall. It would not be air tight but it would cover up the area. The cost for labor and materials would be azound $2,000; about 78 hours of work figuring one hour fot each apattment and the inconvenience for the people involved. Pat Fish ttoted that there is a fire rated caulk on the market that is acceptable. Mr. Stratham recommended granting a 2-yeaz extension for 1645, 1665 and 1650 Marion Street with the understauding that this will be corrected before the nea�t certificate of occupancy inspection in two yeazs, and that the variance would not be extended at that time. 1483 Mafilda Fdward Yunkers, properiy owner, appeared and stated that he is appealing the short amount of rime he is being given to move. The work listed by the inspector needs to be done but he needs time to consider his options and to try and arrange for financing. He contacted Transamerica for financing to purchase another place and he would like a 60-day extension to a11ow him time to find another place.. Dick Lippert, Public Health, reported that the building is cleazly substandazd in every respect. The building should have been condemned immediately but in an effort to be more than reasonable, they gave him 30 days to work out some of the details. Mr. Strathman asked if the building was occupied Mr. Yunkers responded that it is being occupied by himself, his roommate and a homeless lady. Nfr. Strathman recommended granting an ea�tension for no more than 30 days from today.