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98-648Council File � � O � �o� g O I\� V�illll� Presancea RESOLUTfON CITY OF SA1NT PAUL, MINNESOTA Green 5heet # 60791 4 Referred To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the July 13, 1998 2 decision of the I,egislative Hearing Officer: 3 Propert�p ep aled 4 2196 Mailand Road 5 Decision: Reduce assessment to $190. 6 7 8 9 10 ll 12 Yeas Na s Absent Blakey �/ Bostrom � Hanis � Megazd �/ Mofton �/ Collins ✓ Thune �/ r T O O 13 Adopted by Council: , 14 Adop 'on Certified by 15 By: 16 Approved by Mayorv 17 By: Avnellant Lawrence J. Thomas Requested by Depaztment of: � Form Approved by City Attorney t�4 Approved by Mayor for Submission to Council By: 1 City Council Offices NRACTPERSONBPHONE Gerry Sfrathman, 266-8575 July 22, 1998 `t8 - G�t�' GREEN SHEET No 6079�, u��� u��— ❑ �,,.,,�, ❑ �� ❑ w+waua�cvsnx ❑ wuwnumr�o.ccro ❑ WVOR(OR11iM4Rf ❑ (Cl1P ALl LOCATIONS FOR SIGNATURE) 7J14j98 � ruwem Fon ROUTNiG OROEIt TOTAL � OF SIGNATURE PAGES Approving the decision of the Legislative Hearing Officer for the 7-13-98 meeting on 2196 Mailand Road. PLANNING CAMMISSION CIB CAMMtTTEE CIVIL SERVICE CAMMISSION Hes Nis persoNfirtn ever worked under a contraet tor Mis deparfinent? VES NO Has tn's pereoNfirtn e.�er been a dry empbyee7 YES NO Dces Mis Pa�Mim possess a cldll not normalryP� M' anr �urrem cHr emploreeT YE$ NO Is this peBOrJfirtn a targeted vendor? YES NO �sQ��MEI r�.?Sc�c�,""'� {'nn±p� . . � , � ,' r.; . ��, �. a. r SOURCE wwrsMnnox (�wWM COST/REVENUE BUOGEfED (CIRCLE ONE� YES NO 11CTNITY NUMBER q�-��� MINLJTF.S OF Tf� LEGISLATIVE HEARING FOR 2196 MA�,AND ROAD July 13, 1998 Room 33Q City Hail Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Peter Kishel, License, Inspections, Environmental Protecfion (LIEP); Brian Krawiecki, LTEP; Gary Pechmann, LIEP Gerry 5trathman called the meeting to order at 10:00 a.m. I.awrence J. Thomas, owner, appeared. Gary Pechmann Deputy Director of the Ongoing Section, gave a staff report. On 10-9-97, Lawrence Thomas said he was putting in a new system in the fa11. On 5-14-98, the system failed and sewage was discharged to the ground surface. An order was issued to repair or replace. On 5-22-98, Mr. Thomas said the sewer would be fixed that week. On 6-2-98, the sewage was surfacing and a final notice was sent. On 6-9-98, the septic tank was pumped by the owner. On 6-19-98, there was a complaint that sewage was still surfacing. An emergency abatement was conducted. The septic tank was inspected by LIEP and found to be filled to the top. LIEP had the tank pumped by a private company at a cost of $258.00. The dwelling was condemned and order vacated by 7-3'-98. On 6-22-98, Mr. Thomas was informed of the reason for the condemnation and that he could appeal. The notice of abatement hearing was mailed. Mr. Thomas applied for a permit to replace the sewage treatment system. On 7-7-98, the tank was inspected. It had just been pumped by the owner. On 7-10-98, the pernut had not been approved due to the fact that the separation of 75 feet between the septic tank and the well cannot be achieved. Gerry Strathman asked what is being appealed. Lawrence Thomas responded he is asking that the order to vacate the house be suspended. He cannot meet the'IS foot variance for the well and is therefore asking for a variance from that requirement. The person who surveyed the land and designed the septic system said he has never encountered a 75 foot variance before and everyone is 50 feet for a deep well. Also, the fine is too high. Mr. Thomas stated the staff report is accurate. Peter Kishel, Administrative Analyst, stated there aze three different issues: 1) An emergency abatement by legislation is required to have a public hearing whether or not the owner requests it. 2) Condemnation - Another hearing is scheduled for 7uly 14 on this. 3) The request for a 75 foot set back. Gerry Strathman asked has the variance appeal been scheduled yet. Lawrence Thomas stated he did not know how to do that. Gerry Strathman stated the only issue before us today is the emergency abatement issue. Mr. Strathman asked what is going on with the septic system, why it is failing, and why the �8-c�r MINUTES OF TF� LEGISLATIVE HEARING OF 7-13-98 Page 2 emergency abatement was necessary. Brian Krawiecki, Envizonmental Specialist, stated the drain field is not accepting water from the septic tank. That is happening because the tank does not properly sepazate the material that floats on top of the water, the scum gets into the drain field, and plugs it. Another reason may be the tank is not pumped on a regulaz basis. Mr. Strathman asked when the sepric tank was installed. Peter Kishel responded he thought 1958. Lawrence Thomas responded it could be older. Mr. Strathman asked if the owner objecting to the fact that the abatement was done or is he objecting to the charge. Lawrence Thomas responded he is objecting to both. Mr. Strathnnan questioned staff why it was necessary to do the abatement. Peter Kishel responded it was surfacing and could run onto the neighbor's property. When the access was opened, it was well past the top of the tank. Mz. Strathman asked once LIEP became awue of the hazazd, was the owner notified. Brian Krawiecki responded Lawrence Thomas was sent an order to have the tank pumped. Mr. Kishel responded his office did not receive notification that the system was pumped until after LIEP had pumped it. Mr. Strathman asked is it reasonable for the pump to fill up in ten days (from June 9 to June 19). Mr. Kishel responded yes, a two bedroom house can easily put out 1,400 gallons in a week. Mr. Strathman asked why the owner was not notified to pump it again. Gary Pechmann stated he called the owner's home that morning, the phone was answered by a younger person who said he was 12 years old Mr. Pechmann asked was there a responsibie party he could talk to and this young person said no. Mr. Thomas stated he was not awaze that Mr. Pechmann called and Mr. Pechmann could have asked for a work number. Also, Mr. Thomas has a message machine. Gerry Strathman asked when the pumping was done. Peter Kishel responded 430 or 4:45. Gerry Strathman asked for an explanation of the $258 charge. Peter Kishel responded a police officer was called to be at the address while the abatement was being done. The police officer did not show up until approximately 4:30, therefore LJEP had to pay for two hours at a rate of $95 per hour. Also inciuded in the chazge is Mr. Kishel's time spent at the address. Peter Kishel asked was there any way to speed along the variance issue. Gerry Strathman responded that issue can be dealt with at the Property Code Enforcement meeting on July 14 along with Yhe condemnation. Gerry Strathman recommended reducing the assessment to $190. The information from LIEP seems credible that the tank was full and on the verge of creating a public health hazard. The attempt to call the home was appropriate and may not have been necessary. It is the owner's responsible to make sure the tank is pumped when it needs it. Mr. Strathman does have some concern about the charge for the inspector's time because it is an essen6al part of the job; the reduction in the assessment reflects this concern. The meeting was adjourned at 10:25 a.m. Council File � � O � �o� g O I\� V�illll� Presancea RESOLUTfON CITY OF SA1NT PAUL, MINNESOTA Green 5heet # 60791 4 Referred To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the July 13, 1998 2 decision of the I,egislative Hearing Officer: 3 Propert�p ep aled 4 2196 Mailand Road 5 Decision: Reduce assessment to $190. 6 7 8 9 10 ll 12 Yeas Na s Absent Blakey �/ Bostrom � Hanis � Megazd �/ Mofton �/ Collins ✓ Thune �/ r T O O 13 Adopted by Council: , 14 Adop 'on Certified by 15 By: 16 Approved by Mayorv 17 By: Avnellant Lawrence J. Thomas Requested by Depaztment of: � Form Approved by City Attorney t�4 Approved by Mayor for Submission to Council By: 1 City Council Offices NRACTPERSONBPHONE Gerry Sfrathman, 266-8575 July 22, 1998 `t8 - G�t�' GREEN SHEET No 6079�, u��� u��— ❑ �,,.,,�, ❑ �� ❑ w+waua�cvsnx ❑ wuwnumr�o.ccro ❑ WVOR(OR11iM4Rf ❑ (Cl1P ALl LOCATIONS FOR SIGNATURE) 7J14j98 � ruwem Fon ROUTNiG OROEIt TOTAL � OF SIGNATURE PAGES Approving the decision of the Legislative Hearing Officer for the 7-13-98 meeting on 2196 Mailand Road. PLANNING CAMMISSION CIB CAMMtTTEE CIVIL SERVICE CAMMISSION Hes Nis persoNfirtn ever worked under a contraet tor Mis deparfinent? VES NO Has tn's pereoNfirtn e.�er been a dry empbyee7 YES NO Dces Mis Pa�Mim possess a cldll not normalryP� M' anr �urrem cHr emploreeT YE$ NO Is this peBOrJfirtn a targeted vendor? YES NO �sQ��MEI r�.?Sc�c�,""'� {'nn±p� . . � , � ,' r.; . ��, �. a. r SOURCE wwrsMnnox (�wWM COST/REVENUE BUOGEfED (CIRCLE ONE� YES NO 11CTNITY NUMBER q�-��� MINLJTF.S OF Tf� LEGISLATIVE HEARING FOR 2196 MA�,AND ROAD July 13, 1998 Room 33Q City Hail Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Peter Kishel, License, Inspections, Environmental Protecfion (LIEP); Brian Krawiecki, LTEP; Gary Pechmann, LIEP Gerry 5trathman called the meeting to order at 10:00 a.m. I.awrence J. Thomas, owner, appeared. Gary Pechmann Deputy Director of the Ongoing Section, gave a staff report. On 10-9-97, Lawrence Thomas said he was putting in a new system in the fa11. On 5-14-98, the system failed and sewage was discharged to the ground surface. An order was issued to repair or replace. On 5-22-98, Mr. Thomas said the sewer would be fixed that week. On 6-2-98, the sewage was surfacing and a final notice was sent. On 6-9-98, the septic tank was pumped by the owner. On 6-19-98, there was a complaint that sewage was still surfacing. An emergency abatement was conducted. The septic tank was inspected by LIEP and found to be filled to the top. LIEP had the tank pumped by a private company at a cost of $258.00. The dwelling was condemned and order vacated by 7-3'-98. On 6-22-98, Mr. Thomas was informed of the reason for the condemnation and that he could appeal. The notice of abatement hearing was mailed. Mr. Thomas applied for a permit to replace the sewage treatment system. On 7-7-98, the tank was inspected. It had just been pumped by the owner. On 7-10-98, the pernut had not been approved due to the fact that the separation of 75 feet between the septic tank and the well cannot be achieved. Gerry Strathman asked what is being appealed. Lawrence Thomas responded he is asking that the order to vacate the house be suspended. He cannot meet the'IS foot variance for the well and is therefore asking for a variance from that requirement. The person who surveyed the land and designed the septic system said he has never encountered a 75 foot variance before and everyone is 50 feet for a deep well. Also, the fine is too high. Mr. Thomas stated the staff report is accurate. Peter Kishel, Administrative Analyst, stated there aze three different issues: 1) An emergency abatement by legislation is required to have a public hearing whether or not the owner requests it. 2) Condemnation - Another hearing is scheduled for 7uly 14 on this. 3) The request for a 75 foot set back. Gerry Strathman asked has the variance appeal been scheduled yet. Lawrence Thomas stated he did not know how to do that. Gerry Strathman stated the only issue before us today is the emergency abatement issue. Mr. Strathman asked what is going on with the septic system, why it is failing, and why the �8-c�r MINUTES OF TF� LEGISLATIVE HEARING OF 7-13-98 Page 2 emergency abatement was necessary. Brian Krawiecki, Envizonmental Specialist, stated the drain field is not accepting water from the septic tank. That is happening because the tank does not properly sepazate the material that floats on top of the water, the scum gets into the drain field, and plugs it. Another reason may be the tank is not pumped on a regulaz basis. Mr. Strathman asked when the sepric tank was installed. Peter Kishel responded he thought 1958. Lawrence Thomas responded it could be older. Mr. Strathman asked if the owner objecting to the fact that the abatement was done or is he objecting to the charge. Lawrence Thomas responded he is objecting to both. Mr. Strathnnan questioned staff why it was necessary to do the abatement. Peter Kishel responded it was surfacing and could run onto the neighbor's property. When the access was opened, it was well past the top of the tank. Mz. Strathman asked once LIEP became awue of the hazazd, was the owner notified. Brian Krawiecki responded Lawrence Thomas was sent an order to have the tank pumped. Mr. Kishel responded his office did not receive notification that the system was pumped until after LIEP had pumped it. Mr. Strathman asked is it reasonable for the pump to fill up in ten days (from June 9 to June 19). Mr. Kishel responded yes, a two bedroom house can easily put out 1,400 gallons in a week. Mr. Strathman asked why the owner was not notified to pump it again. Gary Pechmann stated he called the owner's home that morning, the phone was answered by a younger person who said he was 12 years old Mr. Pechmann asked was there a responsibie party he could talk to and this young person said no. Mr. Thomas stated he was not awaze that Mr. Pechmann called and Mr. Pechmann could have asked for a work number. Also, Mr. Thomas has a message machine. Gerry Strathman asked when the pumping was done. Peter Kishel responded 430 or 4:45. Gerry Strathman asked for an explanation of the $258 charge. Peter Kishel responded a police officer was called to be at the address while the abatement was being done. The police officer did not show up until approximately 4:30, therefore LJEP had to pay for two hours at a rate of $95 per hour. Also inciuded in the chazge is Mr. Kishel's time spent at the address. Peter Kishel asked was there any way to speed along the variance issue. Gerry Strathman responded that issue can be dealt with at the Property Code Enforcement meeting on July 14 along with Yhe condemnation. Gerry Strathman recommended reducing the assessment to $190. The information from LIEP seems credible that the tank was full and on the verge of creating a public health hazard. The attempt to call the home was appropriate and may not have been necessary. It is the owner's responsible to make sure the tank is pumped when it needs it. Mr. Strathman does have some concern about the charge for the inspector's time because it is an essen6al part of the job; the reduction in the assessment reflects this concern. The meeting was adjourned at 10:25 a.m. Council File � � O � �o� g O I\� V�illll� Presancea RESOLUTfON CITY OF SA1NT PAUL, MINNESOTA Green 5heet # 60791 4 Referred To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby certifies and approves the July 13, 1998 2 decision of the I,egislative Hearing Officer: 3 Propert�p ep aled 4 2196 Mailand Road 5 Decision: Reduce assessment to $190. 6 7 8 9 10 ll 12 Yeas Na s Absent Blakey �/ Bostrom � Hanis � Megazd �/ Mofton �/ Collins ✓ Thune �/ r T O O 13 Adopted by Council: , 14 Adop 'on Certified by 15 By: 16 Approved by Mayorv 17 By: Avnellant Lawrence J. Thomas Requested by Depaztment of: � Form Approved by City Attorney t�4 Approved by Mayor for Submission to Council By: 1 City Council Offices NRACTPERSONBPHONE Gerry Sfrathman, 266-8575 July 22, 1998 `t8 - G�t�' GREEN SHEET No 6079�, u��� u��— ❑ �,,.,,�, ❑ �� ❑ w+waua�cvsnx ❑ wuwnumr�o.ccro ❑ WVOR(OR11iM4Rf ❑ (Cl1P ALl LOCATIONS FOR SIGNATURE) 7J14j98 � ruwem Fon ROUTNiG OROEIt TOTAL � OF SIGNATURE PAGES Approving the decision of the Legislative Hearing Officer for the 7-13-98 meeting on 2196 Mailand Road. PLANNING CAMMISSION CIB CAMMtTTEE CIVIL SERVICE CAMMISSION Hes Nis persoNfirtn ever worked under a contraet tor Mis deparfinent? VES NO Has tn's pereoNfirtn e.�er been a dry empbyee7 YES NO Dces Mis Pa�Mim possess a cldll not normalryP� M' anr �urrem cHr emploreeT YE$ NO Is this peBOrJfirtn a targeted vendor? YES NO �sQ��MEI r�.?Sc�c�,""'� {'nn±p� . . � , � ,' r.; . ��, �. a. r SOURCE wwrsMnnox (�wWM COST/REVENUE BUOGEfED (CIRCLE ONE� YES NO 11CTNITY NUMBER q�-��� MINLJTF.S OF Tf� LEGISLATIVE HEARING FOR 2196 MA�,AND ROAD July 13, 1998 Room 33Q City Hail Gerry Strathman, Legislative Hearing Officer STAFF PRESENT: Peter Kishel, License, Inspections, Environmental Protecfion (LIEP); Brian Krawiecki, LTEP; Gary Pechmann, LIEP Gerry 5trathman called the meeting to order at 10:00 a.m. I.awrence J. Thomas, owner, appeared. Gary Pechmann Deputy Director of the Ongoing Section, gave a staff report. On 10-9-97, Lawrence Thomas said he was putting in a new system in the fa11. On 5-14-98, the system failed and sewage was discharged to the ground surface. An order was issued to repair or replace. On 5-22-98, Mr. Thomas said the sewer would be fixed that week. On 6-2-98, the sewage was surfacing and a final notice was sent. On 6-9-98, the septic tank was pumped by the owner. On 6-19-98, there was a complaint that sewage was still surfacing. An emergency abatement was conducted. The septic tank was inspected by LIEP and found to be filled to the top. LIEP had the tank pumped by a private company at a cost of $258.00. The dwelling was condemned and order vacated by 7-3'-98. On 6-22-98, Mr. Thomas was informed of the reason for the condemnation and that he could appeal. The notice of abatement hearing was mailed. Mr. Thomas applied for a permit to replace the sewage treatment system. On 7-7-98, the tank was inspected. It had just been pumped by the owner. On 7-10-98, the pernut had not been approved due to the fact that the separation of 75 feet between the septic tank and the well cannot be achieved. Gerry Strathman asked what is being appealed. Lawrence Thomas responded he is asking that the order to vacate the house be suspended. He cannot meet the'IS foot variance for the well and is therefore asking for a variance from that requirement. The person who surveyed the land and designed the septic system said he has never encountered a 75 foot variance before and everyone is 50 feet for a deep well. Also, the fine is too high. Mr. Thomas stated the staff report is accurate. Peter Kishel, Administrative Analyst, stated there aze three different issues: 1) An emergency abatement by legislation is required to have a public hearing whether or not the owner requests it. 2) Condemnation - Another hearing is scheduled for 7uly 14 on this. 3) The request for a 75 foot set back. Gerry Strathman asked has the variance appeal been scheduled yet. Lawrence Thomas stated he did not know how to do that. Gerry Strathman stated the only issue before us today is the emergency abatement issue. Mr. Strathman asked what is going on with the septic system, why it is failing, and why the �8-c�r MINUTES OF TF� LEGISLATIVE HEARING OF 7-13-98 Page 2 emergency abatement was necessary. Brian Krawiecki, Envizonmental Specialist, stated the drain field is not accepting water from the septic tank. That is happening because the tank does not properly sepazate the material that floats on top of the water, the scum gets into the drain field, and plugs it. Another reason may be the tank is not pumped on a regulaz basis. Mr. Strathman asked when the sepric tank was installed. Peter Kishel responded he thought 1958. Lawrence Thomas responded it could be older. Mr. Strathman asked if the owner objecting to the fact that the abatement was done or is he objecting to the charge. Lawrence Thomas responded he is objecting to both. Mr. Strathnnan questioned staff why it was necessary to do the abatement. Peter Kishel responded it was surfacing and could run onto the neighbor's property. When the access was opened, it was well past the top of the tank. Mz. Strathman asked once LIEP became awue of the hazazd, was the owner notified. Brian Krawiecki responded Lawrence Thomas was sent an order to have the tank pumped. Mr. Kishel responded his office did not receive notification that the system was pumped until after LIEP had pumped it. Mr. Strathman asked is it reasonable for the pump to fill up in ten days (from June 9 to June 19). Mr. Kishel responded yes, a two bedroom house can easily put out 1,400 gallons in a week. Mr. Strathman asked why the owner was not notified to pump it again. Gary Pechmann stated he called the owner's home that morning, the phone was answered by a younger person who said he was 12 years old Mr. Pechmann asked was there a responsibie party he could talk to and this young person said no. Mr. Thomas stated he was not awaze that Mr. Pechmann called and Mr. Pechmann could have asked for a work number. Also, Mr. Thomas has a message machine. Gerry Strathman asked when the pumping was done. Peter Kishel responded 430 or 4:45. Gerry Strathman asked for an explanation of the $258 charge. Peter Kishel responded a police officer was called to be at the address while the abatement was being done. The police officer did not show up until approximately 4:30, therefore LJEP had to pay for two hours at a rate of $95 per hour. Also inciuded in the chazge is Mr. Kishel's time spent at the address. Peter Kishel asked was there any way to speed along the variance issue. Gerry Strathman responded that issue can be dealt with at the Property Code Enforcement meeting on July 14 along with Yhe condemnation. Gerry Strathman recommended reducing the assessment to $190. The information from LIEP seems credible that the tank was full and on the verge of creating a public health hazard. The attempt to call the home was appropriate and may not have been necessary. It is the owner's responsible to make sure the tank is pumped when it needs it. Mr. Strathman does have some concern about the charge for the inspector's time because it is an essen6al part of the job; the reduction in the assessment reflects this concern. The meeting was adjourned at 10:25 a.m.