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HomeMy WebLinkAboutRe: Hse issues % 96o)4V 0�-\, == �� CITY of ORONO Municipal Offices Street Address: Mailing Address: 2150 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 August 4, 1998 Mike and Lori Arne 125 Truffula Trail Long Lake, Minnesota 55356 Re: Building Code Issues Dear Mr. and Mrs. Arne: This letter is in response to your letter of July 21, 1998 and our meeting of July 29, 1998. The following is an item-by-item response to your concerns: Our measurement to the edge of the sill indicates an 8"rise. Method of measurement is open to interpretation. No action to be taken. - Front stoop is cracked. It is now apparent this is a structural problem and must be repaired. Options would be to replace the stoop and its foundation or to repair per a structural engineer's recommendations. - Lack of seal around patio doors, etc. Doors and windows must be installed per manufacturer's requirements. Contractor to receive manufacturer's approval on repairs. ' - Mound septic does not meet code. Absorption width to be increased to meet code requirements. Reseal joints on manhole rises. Steve Weckman witnessed this work, and after regrading around tanks,no leakage has been detected. No action to be taken. - Class B flue noises. Wall must be opened up for inspection of firestop installation. - The air conditioning unit does not have proper clearance. Unit must be moved to meet manufacturer's requirement. Telephone (612) 473-7357 • FAX 473- N10 Mike&Lori Arne August 4, 1998 Page 2 - Roof vents are clogged. Vents must be inspected for obstructions and cleaned if required. Lack of seal around plumbing vents. Building inspector states he inspected for insulation seal around pipes in top plates. Noise is created by expansion and contraction of vent pipe. Installation is per code. No action to be required of contractor. Ability of duct work to move air. Heating system must be balanced by heating contractor. Access panel in garage ceiling. Code requires 22"00" attic access;however,Orono Building Department staff feels that when there are no mechanical items or other reasons to access the attic,it is better to maintain the integrity of firewall. No action required. Access to plumbing,upstairs tub. Plumbing code requires an access to the tub trap only. If this has not be done, it must be installed. Grade is less than 6"below siding. Code requires 6" from grade to siding. Since you are doing the landscaping, it may work out better if you take care of this detail. -- "OSB sheathing is warped in certain areas." It is our opinion that the irregularities on the roof are due to the trusses being off set from one another causing dips and humps. This is not a structural problem or a code violation but, in my opinion, is poor workmanship. Roofing problem area. As discussed previously, the installation meets code requirements but because of the configuration of the roof and valleys requires extra attention to prevent ice back up and leaking. As discussed and recommended by several roofing contractors,a one piece pan should be manufactured and installed in the two problem areas. Dirt removed by developer. Since the fill was allegedly used to finish grading on an approved project,this is not an issue for the Building Department. You may wish to contact the police to follow up on the theft. L Mike and Lori Arne August 4, 1998 Page 3 Please respond in writing to those issues. When we agree on the action to be taken on all issues,I will require action from the builder in a specified time period. If he fails to resolve the issues,the City will take legal action. If you have any questions,feel free to contact me. If there are any other issues,please address them now. Sincerely, Lyle Oman Building Official LO/ch cc: Bruce L. Vang, Building Inspector = � CITY of ORONO �► E : _ Municipal Offices Street Address: Mailing Address: ' EggOg' 2150 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 June 29, 1998 Mike and Lori Arne 125 Truffula Trail Orono, Minnesota 55356 Re: Roof Repair Dear Mr. and Mrs. Arne: At your request,I have reviewed proposals from roofing contractors regarding repair of the problem areas on your house. All the proposals included a metal pan to cover the two areas. On a recent visit to the property,I inspected work the contractor had started. He was installing flashing higher on the wall,but was not installing any pans. I feel the flashing higher on the wall will help with one of the problems but does nothing for ice backup, which easily occurs in these areas. If you have any questions, feel free to contact me at my office. Sincerely, sk., Lyle Oman Building Official LO/lsv cc: Bruce L. Vang, Field Inspector Telephone (612) 473-7357 • FAX 473-0510 Minneapolis 1100 International Centre London 900 Second Avenue South Minneapolis,MN 55402-3397 FREDRIKSON &BYRON P.A. Affiliated Offices: (612)347-7000 Attorneys and Advisors Mexico City FAX(612)347-7077 y Warsaw www.frcdlaw.com Direct Dial No. (612)347-7005 ffriMan@fredlaw.com 10 December 1998 Thomas J. Barrett,Esq. Hinshaw& Culbertson , , a V d J 3100 Piper Jaffray Tower Minneapolis,MN 55402 Re: 125 Truffula Trail, Orono,Minnesota Dear Mr. Barrett: I write this letter pursuant to our telephone conversation of November 25, 1998. As you are aware,my law firm has been retained by Lori and Mike Arne to represent them in matters relating to their home at the above-referenced address. For over a year,the Ames have expended untold amounts of time and money seeking a home that complies both with their contract with their contractor,RKO Homebuilders, as well as the Building Code. Unfortunately,the City of Orono has not provided the Ames with the assistance they are entitled to, and in fact,has contributed to the problems with the Ames' home. Throughout the Ames' ordeal,the City and its employees have seemed more concerned with catering to the wishes of RKO Homebuilders and its president,Roger Olson,than in fulfilling their obligations to the Arses. A number of problems exist with the Ames' home that should have been identified prior to issuance of the Certificate of Occupancy, and a recent professional inspection revealed additional code violations of which the Ames were previously unaware. At this time,however,the Ames wish to focus the attention of all involved on three specific areas in which the City bears greatest responsibility. The first of these problem areas is the front stoop of the Ames' home. The stoop fails to meet the requirements of the Building Code for a number of reasons. Before closing, a crack appeared in the stoop. Roger Olson informed City officials, including Lyle Oman and Bruce Vang,that the crack was cosmetic, and that patching the crack would solve the problem. Despite receiving a report from the Ames' structural engineer recommending that the stoop be removed,the City • � i FREDRIKSON&BYRON,EA. Attorneys and Advisor Thomas J.Barrett,Esq. 10 December 1998 Page 2 agreed with Mr. Olson and indicated in a October 8, 1997 letter to Mike Arne(attached as Exhibit A),that the crack was"probably"cosmetic. At the same time, the City represented that the stoop met the requirements of the Building Code, and on that basis the Ames closed on the purchase of their home. As will be discussed below, the City's representation that the stoop met the requirements of the Building Code was blatantly false. After closing, the crack in the stoop reappeared and worsened. The Ames again complained to the City and to RKO Homebuilders. In a letter to Mr. Olson dated September 15, 1998 (attached as Exhibit B),Lyle Oman admitted that the crack was structural in nature and that the stoop needed to be removed and reinstalled. As referenced in this letter,the stoop also failed to meet the Building Code requirements because of its negative pitch towards the house. Further,the stoop fails to meet the Building Code requirement of an eight inch maximum rise. The negative pitch of the stoop is an obvious Code violation which was present at the time of the City's inspection before the Acnes closed on their home. As discussed above,the City represented at that time that the stoop met the requirements of the Building Code, and on that basis the Ames closed on the purchase of their home. The City's representation that the Ames' stoop met Code despite its negative pitch, an obvious Building Code violation,constitutes a fraudulent misrepresentation under Minnesota law. The City misrepresented the condition of the stoop with malice and willfulness. See Burns v. State, 570 N.W.2d 17,20(Minn. Ct. App. 1997)(a public official acts with malice when he commits an act which he has reason to believe is prohibited). As a result of their reliance on the City's misrepresentation concerning their stoop,the Ames closed on the purchase of a home that was significantly devalued by the necessity of replacing the stoop and connected brick work at an approximate cost of$5,000.00. In addition to the City's misrepresentation concerning the stoop's condition,the City has also failed to take adequate steps to assist the Acnes in requiring RKO Homebuilders and/or its subcontractors to remove and replace the stoop. In a letter to Mr. Olson dated October 12, 1998 (attached as Exhibit C),Lyle Oman,requested that RKO Homebuilders correct the stoop by October 26, 1998 or face legal action. Despite RKO Homebuilders' continued failure to repair the stoop,the City has failed to take any legal action against Olson or RKO Homebuilders. The City's failure to follow through with promised legal action is especially disturbing in light of the two previous instances in which the City also threatened legal action and refused to follow through. Additionally,the City has failed to contact the subcontractor that installed the stoop, even though the City indicated it would do so. FREDRIKSON&BYRON,P.A. Attorneys and Advisor Thomas J. Barrett,Esq. 10 December 1998 Page 3 The second major problem area with the Ames' home is its failing septic system. The septic system was incorrectly installed,is undersized,does not meet City and State standards, and should never have been approved by the City. Not only did the City fail to require that a conforming system be installed,it took actions which caused further damage to the Ames. Perhaps most disturbing though, are the City's contradictory statements concerning the compliance of the septic system. In a letter to the Ames dated August 4, 1998 (attached as Exhibit D),Lyle Oman stated that"[m]ound septic does not meet code. Absorption width to be increased to meet code requirements." Mr. Oman reaffirmed this position in letters to Roger Olson dated September 2 and September 15, 1998 (attached as Exhibits E and B),in which Mr. Oman stated that the"mound septic system was not installed per the designer's plan and must be enlarged to meet City and State standards." Less than one month later, and without any real explanation,Mr. Oman changed his findings on the septic system. In a letter to Roger Olson dated October 12, 1998 (attached as Exhibit C),Mr. Oman states that the mound septic system "does appear to meet the minimum standards set forth in the Minnesota Rules, Chapter 7080 and the Orono Municipal Code." My clients are baffled by the City's change of heart on the compliance of their mound system with City and State standards, especially in light of independent inspections of the septic system which conclude that the septic system fails to meet City and State Standards. This change of heart typifies the City's continuing failure to ensure compliance with the Building Code,and its continuing lenience towards Roger Olson and RKO Homebuilders. In addition to the City's contradictory statements, continuing failure to ensure compliance with the Building Code, and lenience towards Mr. Olson and RKO Homebuilders,the City has also taken affirmative actions that exacerbated the problems with the mound system and caused damage to the Ames. After the Ames initially complained that the mound system was not functioning properly,the City ordered that fill material be added to the mound to soak up the effluent which was leaking from the mound and attempt to cover up major sand,rock and slope deficiencies. Lyle Oman and another City official, Steve Weckmann,were present during these repairs and gave instructions to H.L. Johnson concerning how the repairs were to be made. In compliance with these instructions,heavy equipment was driven on the mound during placement of the fill,causing additional damage to the septic system. Further,Mr. Oman and Mr. Weckmann knew that H.L.Johnson was not the contractor who had installed the septic system, and that this would likely void any warranty of the system. As a result of the City's actions concerning the mound system,the City is liable to the Ames. See Gilbert v.Billman Construction,Inc., 371 N.W.2d 542 (Minn. 1985)(municipality is liable for its affirmative acts which damage a private septic system). The Ames are entitled to removal and replacement of their failing septic system with a conforming system of their choice. The cost of such removal FREDRIKSON&BYRON,P.A. Attorneys and Advisors Thomas J. Barrett,Esq. 10 December 1998 Page 4 and replacement is approximately$9,985.00. As a result of their failing septic system,the Ames have suffered the additional hardship of being unable to install a driveway or complete landscaping on their property,due to the damage which will be caused by the heavy equipment necessary to install a new septic system. The third main problem area with the Ames' home involves the roof. The City allowed RKO Homebuilders to install a roof on the Ames home which represented a major deviation from the approved site plan. The City,however, did not formally approve any deviations from the approved site plan. Curiously,the City has apparently destroyed the truss and overhead roof plans which were in its files. As a result of this major deviation,the current configuration of the roof results in"snow trap"areas,which cause the roof to leak. In order to repair these problems, the Acnes have been forced to expend approximately$4,800.00. In conclusion,the City's actions concerning their home have been a nightmare for the Ames. The City has continually failed to offer the Ames the protection and assistance to which all City of Orono taxpayers are entitled. The City misrepresented the condition of the Acnes' property, took affirmative actions which exacerbated the problems with the Acnes' mound septic system, and allowed changes to be made to the approved site plan which resulted in further damage to the Ames. Additionally,the City has refused to take legal action against the Acnes' builder,despite repeated promises that it would do so. Now is the time for the City to take some responsibility for its actions, and reimbursing the Ames for their costs incurred as a result of the three problems discussed above would go a long way towards easing the anxiety and suffering the Ames have experienced over the last seventeen months. Please contact me concerning an agreeable resolution of this matter. Very truly yours, Mark W.Vyvyan MWV:mj/2205824-1 cc: Lori and Mike Arne Ron Moorse Gabriel Jabbour O �. CITY of ORON ' Mualdpw OtAces t_- Surat Address: Mallin; Address: G~ 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 October 8, 1997 Mr. Mike Arne 125 Tr ffula Trail Long Lake, Minnesota 55356 Re: Crack in Stoop Dear Mr.Arne: Bruce Vang,Orono Building Inspector,and myself have inspected a crack in the stoop of the home at 125 Truffula Trail. We have also reviewed reports from two structural engineers. Your engineer felt it should be investigated further. The builder's engineer felt it was only a cosmetic crack. The City's position is that this is probably a cosmetic crack and will not affect the structural integrity of the building, so the city will not take any action at this time. if however a structural problem occurs(which would probably happen during the first year freeze thaw cycle),the contractor would be required to repair it under a ten year structural defect warranty required by state statutes. If the contractor failed to repair it and you were unable to enforce a judgment against him(if he was out of husimess for example),you could collect from the State Commerce Department's recovery fund and have it repaired. If you have any further questions,feel free to contact me at ray office. Sincerely, H/-cvJE Rca o TN,6 L XMC IL Lyle Oman a�Jo A EE W l jf/ <t /N �S Building Official Jew 1MX% LO/ch �f /[ Enc. Statutory Warranty /� / State Commerce Department Information ! /Y a"`'1'��`�� 5 cc: Bruce L. Vang,Field Inspector lo - 7- 77 . o Telephone (612) 473-7357 • FAX 4734510 O10 O . - CITY of ORONO Municipal Ottic" Street Address: MaIIIaS Address. ��►� 2750 Kelley Parkway P.O. Box 66 Orono. MN 55356 Crystal Bay, MN 55323.0066 September 15, 1998 Revised better of September 2, 1998 Mr. Roger Olson RKO Builders 3134 130th Ave N:W. Coon Rapids Minnesota 55448 Re: 125 Truffula Trail, Orono Dear Mr. Olson: Since the completion of the home at 125 Truffula Trail,the homeowners have experienced various problems that are code violations. The following is a list of items that need your attention. The crack in the front stoop that we hoped was a cosmetic issue has now cracked again after it was repaired. It is now apparent that it is a structural problem and must be removed and redone. The foundation must be investigated and replaced or repaired per a licensed structural engineers approved recommendation. When the stoop is replaced it must have positive-pitch to drain away from the house and have the required 8"maximum rise and 9" minimum run from existing grade to the door sill_ The patio doors were improperly installed. They must be removed and reinstalled per the manufactures instructions. When complete, the patio door representative must approve work. (See attached letter) The windows are installed per manufactures specs,however caulking was Trussed or poorly applied on,most windows and must be recaulked. The Class B flue makes noises upon expansion and contraction. The wall must be opened to investigate the firestops for proper installation. The air conditioning unit does not have proper clearance above. Unix must be moved to meet manufactures requirements. Roof vents may be clogged with insulation due to high winds prior to the soffits being installed. The vents must be investigated and cleaned if required. Telephone (612) 473-7351 • FAX 493-Mlo N1r.Roger Olson September 2, 19911 Page 2 of 2 Heating system must be balanced to provide adequate air flow to all rooms. A report must be submitted to the City of Orono from the heating contractor upon completion. _ Roofing problem area - as discussed previously, the installvalle meetson t requires requirements but because of the configuration of the roof an Y special attention to prevent ice back up and leaking. As discussed and recommended by several roofing contractors,a one piece pan should be manufactured and installed in the two problem areas. The mound septic system, was not installed per the designers plan and must be enlarged to meet City and State standards.The downslope dike width is undersized by between i' and 51. The overall dike width is 13' to 16' and must be at least 19' wide_ When the mound is opened up it can be determined how much additional width will be required. The rock bed length can not be verified due to the dry conditions,but it must be 55' per the design. The rock bed length must be verified when the mound is opened up. The drainfield height appears to be correct based on a probing through the center of the drainf eld on the upslope side. The mound is designed to be 3.5'high and the elevation currently is 3.9'. Exterior doors must have caulking below sills. An area of the roof above the garage doors is irregular in that there are bumps and dips. It appears that the trusses may be off set from one another. This is not a code violation or something the City is requiring to be fixed,however I would like to call it to your attention as poor workmanship. The above corrections must be completed before 10-14-98. If this deadline is not met the City will initiate legal action. Feel free to contact me at my office to discuss any of these items. We would also be happy to meet you in my office or on site if you wish. Your cooperation in putting this project behind us would be greatly appreciated. Sincerely, Lyle Oman Building Official LO/jlg cc: Bruce L. Vang,Field Inspector Steve Weckman, On-Site System Manager Mike & Lori Arne, 125 Truffula Trail,Orono,MN 55356 CITY of ORONo i,'nz'J •`� Municipal OHkes street Address: liflingAddrsm 2750 Valley Parttway P.O. Box 66 Omno. MN 55356 Crystal Bay, MN 55323-0066 October 12, 1998 Mr.Roger Olson RKO Builders 3134 130th Ave N.W. Coon Rapids Minnesota 55448 Mr. Roger Olson RKO Builders 12360 Yucca Street N.W. Coon Rapids Minnesota 55448 Re: 125 Truf ula Trail, Orono Dear Mr.Olson: This is in response to your letter of October 1, 1998. In your letter you quoted a sentence from the certificate of occupancy. "Building substantially conforms to the requirements of the ordinance of the City." However Uniform Building Code Section 109.1 states: "Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid." Therefore the City feels outstanding code violations are still your responsibility to correct. The crack in the front stoop has reappeared atter your repair and has extended now through the foundation.I would be happy to meet your structural engineer on site to discuss the issue. I contacted the State Building Code Division to discuss the patio door installation. They confirmed that it is not a building code issue. I inspected the property on 10-8-98 and found numerous areas that lack caulking. The City will deal with the mechanical contractor on issues related to their permit. Tekpbome (612) 473-7357• - FAX 473.0510 AN Roger Olson,Rko Builders October 12, 1998 Page 2 The roof vents are somewhat obstructed but where installedPe r code. The septic system on this property has been inspected by the City several times since the system installation. Due to saturated soils at the base of the mound,we asked you to regrade the yard to drain surface water away from the mound as well as the septic tanks. The work was completed and some of the excess soil was placed at the base of the mound because it was a low spot in the yard which collected drainage water. Recent inspections of the system indicate that it is functioning property. The homeowner claims that the system is not compliant and must be replaced. As per my previous letters,the system may not be sized to the exact dimensions on the system designs,but it does appear to meet the minimum standards set forth in the Minnesota Rules,Chapter 7080 and the Orono Municipal Code. It may be benef Bial to add more sand to the base of the mound, but it could also be a detriment as the sand and topsoil must be carefully matched to the existing materials and the addition must be given time to settle prior to heavy doses of sewage being added in these areas. As the system is functioning properly and meets the City and State standards, we recommend no changes be made to the system at this time. Therefore, the only issues for you to correct arc the front stoop and the chalking. These must be corrected before 10-26-98 to prevent legal action. If you have any questions please feel free to contact me at my office. Sincerel , Lyl Oman Building Official LOrlg cc: Bruce L. Vang,Field Inspector Steve Weckman, On-Site System Manager Mike&Lori Arne, 125 Truffula Trail,Orono,MN 55356 encl: Uniform Building Code 109.1 Letter from Masonry Contractor 10-8-97 letter from City of Orono signed by Roger Olson 6O� O O a CITY of ORONO G�Er Municipal offices r $treat.Address. Mailing Address 'x'89> d* 2150 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 August 4, 1998 Mike and Lori Arne 125 Truffula Trail I,onb Lakc, Minnesota 553)56 Re: Building Code Issues Dear Mr, and Mrs. Arne: This letter is in response to your letter of July 21, 1998 and our meeting 01'.11.11y 29, 1998. The following; is an item-by-item response to your concerns: Our measurement to the edge of the sill indicates an 8" rise. Method oi'measurement is open to interpretation. No action to be taken. Front stoop is cracked. It is now apparent this is a structural problem and must be repaired. Options would be to replace the stoop and its foundation or to repair per a structural engineer's recommendations. Leek of seal around patio doors, etc. Doors and windows must he installed per manul'acturer's requirements. Contractor to receive manufacturer's approval on repair~. Mound septic docs not meet cede. Absorption width to he increased to meet code requirements. Reseal joints on manhole rises. Stevc Weckman wilnes5cd this work. and after regrading around tanks, no leakage has been detected. No action to he taken. Class B flue noises. Wall must he opened up lily inspection of firestop installation. The air conditioning unit does not have proper clearance. Unit must he moved to meet manufacturer's requirement. Tele hone (612) 4737357 • FAX 1734510 I--ate r r r, Mike&Lori Arne August 4, 1998 Page 2 - Roof vents are clogged. Vents must be inspected for obstructions and cleaned if required. Lack of seal around plumbing vents. Building inspector states he inspected for insulation seal around pipes in top plates. Noise is created by expansion and contraction of vent pipe. Installation is per code. No action to be required of contractor. Ability of duct work to move air. Heating system must be balanced by heating contractor. Access panel in garage ceiling. Code requires 22"00" attic access;however,Orono Building Department staff feels that when there are no mechanical items or other reasons to access the attic,it is better to maintain the integrity of firewall. No action required. Access to plumbing,upstairs tub. Plumbing code requires an access to the tub trap only. If this has not be done, it must be installed. - Grade is less than 6"below siding. Code requires 6"from grade to siding. Since you are doing the landscaping,it may work out better if you take care of this detail. "OSB sheathing is warped in certain areas." It is our opinion that the irregularities on the roof are due to the trusses being off set from one another causing dips and humps. This is not a structural problem or a code violation but, in my opinion, is poor workmanship. Roofing problem area. As discussed previously, the installation meets code requirements but because of the configuration of the roof and valleys requires extra attention to prevent ice back up and leaking. As discussed and recommended by several roofing contractors,a one piece pan should be manufactured and installed in the two problem areas. Dirt removed by developer. Since the fill was allegedly used to finish grading on an approved project,this is not an issue for the Building Department. You may wish to contact the police to follow up on the theft. Mike and Lori Arne August 4, 1998 Page 3 please respond in writing to those issues. When we agree on the action to be taken on all issues, I will require action from the builder in a specified time period. If he fails to resolve the issues,the City will tale legal action. If you have any questions,feel free to contact me. If there are any other issues,please address them now. Sincerely, U Lyle Oman Building Official LO/ch ec: Bruce L. Vang, Building Inspector CITY of 0110NO II ? ;' Muntclpal U rows !rt AHmsu Msllln� ttM ARRIS.P.O. Box 68 '�:�:., �`'t• f�4�.:• ' 2150 Kstty P.rkwsy Orono, MN 55356 Crystal 8q. MN 55323.0066 I September 2, 199$ Mr. Roger Olson ; RKO13uilders 3134 130th Ave II.W. Coon.Rapids Mingesota 55448 Re: 125 Truffula Trail,Orono f Dear Mr. Olson: I Since The complati�n of the home at 125 Trutf'ula Truil,the homeowners have experienced various problems that are ¢ode violations. The following is a list of items that need your attention. • Ch4 crack in the ftwit stoop that we hoped was a cosmetic issue huts now cracked again after it was repaired. It is now apparent that it is a structural problem and must be removed and redone. '13te foundation must be investigated acid if damage is found it gust be replaced or repaired per a licensed structural engineers approved rec4mrnendation. When the stoop is replaced it must have positive pitch to drain aw jy from the house and have the required 8" maxime rise and 9" minimum run fry existing grade to the doorsill. i Thi patio doors were improperly installed. They must be removed and reinstalled per uhe manufactures instructions. When complete, the patio door representative m4 approve work. (See attached letter) Thclwlndow9 are installed per manufactures specs,howevc;r caulking was missed or poorly applied on most windows and must be recaulked. The Class R flue makes noises upon expansion and contraction. The wall must be ope*ed to investigate the Irrestops for proper installation. The lair eondition.ing unit docs not have proper cicaranec above, t lnit.tnust be movod to Meet manufactures requirements. I We0bow (612) 47343s7 • FAX 4734910 �. j i Mr. Roger Olson ' SQpralnhr�3, 1998 PaRe 2 of 2 ROf vents may be clogged with insulation due to high winds prior to the soffits betg installed. The vents must be investigated and cleaned if required. Heng symin must be balanced to provide adequate air flow to all mums. A report mint be submitted to the City of Orono from the heating contractor upon completion. Roofing problem area - as discussed previously, the installation meets code req iretnent- but because of the configuration cif the roof slid valleys it requires spe ial attention to prevent icc back up and leaking. As discussed and recommended by veral rooting contractors,a one piece pan should be manufactured and installed in t c two problein areas. Tha mound septic system Was not installed per the designers plan and must be cnitfrged to meet City and State standards. The downslope dike width is undersized bytween l and 5'. The overall dike width is 13' to 16' and must be at least 19' wi When the mound is opened up it can he determined how much additional wid will be required. - An Area of the roof above the garage dmrs is irregular in that there are bumps coral dip It appears that the trusses may be off set from unt another. This is not a code vio tion or something the City-is requiring to be fixed, however I would like to coli it tolyour attention as poor workmanship. Please respond ingvricing with a tints lint for urmpletion of tlicsc items within the nett 2 weeks. i;eel free to contact Nnc of my office.to discuss any of these items. We would also be happy to meet you in my office of on site if you wish, Your c;ooperation in putting this project behind us would be greatly appreciated. Sincerely, Lyle Oman Building Official LO/j lg cc: Bruce L, Yahg, Field inspector Steve Wccklnam On-Site System Manager Mike& Lori Arne. 125 Truffula Trail, Orono.MN 55356 ■ Mike & Lori Arne 203 LITTLE CANADA ROAD SUITE 280 125 Truffula Trail SAINT PAUL Orono, Minnesota 55356 MINNESOTA 55117 TEL: 612.490-9266 FAX: 612-490-9265 Structural Condition Survey - PROFESSIONAL ENGINEERING CONSULTANTS 125 Truffula Trail INCORPORATED Orono, Minnesota August 17 , 1998 PEC #3965 INTRODUCTION This report concerns our observations of front stoop construction for the single family residential structure located at 125 Truffula Trail , Orono , Minnesota. We understand there is a crack in the concrete stoop which supports brick veneer construction around the front entry way. On August 7 , 1998 , you authorized our services to -make a structural condition survey of the front stoop construction and brick masonry construction and provide an opinion on the conditions which have cracked the concrete stoop. CONCLUSIONS Based on our observations of the distressed stoop, stoop foundation and brick veneer construction we have the following opinions: 1 . The cracks in the corner of the stoop and foundation wall below the stoop are the result of structural distress in the construction. It is our opinion moisture absorption by of the wood support column for the front entry way resulted in tension crack development in the corner of the stoop and underlying foundation wall . 2 . The condition which is causing tension cracking in the stoop and underlying foundation wall is also distressing the brick veneer construction. We observed cracks in the mortar joints of the brick veneer in the arch and at the north side of the arch construction. The step-cracking in the mortar joints in the north side of the arch construction and the crack along the bottom of the arch indicate elongation of the north column supporting the entrance roof or frost heaving of the stoop construction. 3 . We recommend the stoop construction be removed and reconstructed. We recommend supporting the bottom of the brick veneer and entrance roof construction during the removal of the stoop. Additionally, we recommend the bottom of the wood column supporting a north side of the entrance roof be cutoff at the bottom of the brick veneer construction. We recommend drilling a vertical hole in the bottom center of the wood column which extends at least 6" to receive a steel 1/2" • Page Two diameter pin. A concrete pedestal shall be cast on top of the foundation which is isolEtLed from the stoop construction. The pin in the botton► of the wooden column shall extend at least 4" into the top of the column pedestal support. The pedestal coustrucLion and stoop construction shall be cast on top of the foundation such as the sides of the stoop and pedestal aligned with the exterior of the underlying foundation. The top joint: and side joints between the pedestal and the stoop shall be filled with a soft joint sealant. SITE OBSERVATIONS We were present at the referenced address on � 11 , 1998 . The entrance construction at the referenced address has a roofed area over the concrete stoop entrance. The exterior of .the entrance construction is finished with brick veneer. There is a column at the northeast corner of the entrance which we understand consists of a wooden column surrounded by brick veneer. We understand the wooden column extends through the concrete stoop and is bearing on the cast-in-place concrete foundation wall for the front stoop. We observed vertical cracking in the northeast corner of the front stoop. There is a vertical crank on the east face and one crack on the north face. The cracks extend into the northeast corner construction of the concrete foundation walls for the entrance stoop. Our observations indicate the cracks are the result of tension cracking in the concrete . We also observed cracks in the brick veneer construction south of the center of the arch and at the northeast corner of the arch. The cracks in the construction suggest expansion in the wood column supporting the northeast corner of the roof over the front entrance area. Our observations indicated the conditions which caused the crack have not been corrected.. Apparently, the wood column is absorbing moisture from the surrounding concrete construction. A photograph taken after the wood framing was completed shows a wooden column extending from the concrete foundation wall to the bottom of the roof construction at the northeast corner of the stoop area. Apparently, the concrete stoop was cast around the wooden column without the benefit of an isolation joint or an isolation structure in the front stoop construction. This is poor construction practice and the tension cracking in the surrounding concrete reflects the problems with the construction method that was used. We also observed the stoop construction extends beyond the underlying concrete foundation walls. This condition makes the stoop vulnerable to frost heaving if the grade is maintained above the . bottom of the stoop. Page Three REMARKS Photographs obtained during our observations will be held in our file for future reference. P OFESSIONAL ENGINEERI G CONSULTANTS, INC. t J hn F. Gislason, Jr. , P.E. taff Engineer JFIG fin r ti 1 20-3 LITTLA CANADA ROAD SHITE 260 SAINT PAUL '.. MINNESOTA 55117 TEL: 612-190.0266 IIAX: 612-690.9165 Pit OFFSSIONAL ENGINFF.-RING CONSULTANTS INCQRFQRATED September 4 , 1998 Mike & Lori Arne 125 Truffela Trail Orono, Minnesota 55356 Subj ; Repairs to Front Entry Construction 125 Truffela Trail Orono , Minnesota PEC #3965 Dear Mr. & Mrs . Arne : On August 28 , 1998 , we received a facsimile of the front elevation construction for your residence . The plan shows the front entry with the concrete stoop and brick masonry construction for the front entry extending to grade . You requested our services to review the front elevation and provide recommendations to extend the brick masonry construction to grade . Our previous observations of the northeast corner of the existing concrete stoop and underlying concrete foundation wal.1 indicated there is a wooden column support which extends to the top of the foundation wall construction. Extending the brick masonry pillar construction to the concrete foundation requires the support of a concrete pedestal in the northeast corner of the underlying foundation. We do not know if there is a pedestal in the construction. Previously we recommended the concrete stoop be removed and reconstructed . After the stoop is removed the presence of a pedestal at the corner of the underlying foundation can be determined. If there is Pio pedestal in the corner of the underlying foundation, a pedestal will have to be constructed . Repairs can be made to the distressed corner of the foundation wall at that time . Construction of a pedestal and repairs to the corner of the foundation wall will require tying in the new construction and repair area by providing dowelled connections. The repair area in the foundation should include a piece of vertical #4 rei.nforcing bar anchored in a 8" hole as previously recommended. September 4 , 1998 page Two Near the top of the pedestal construction there should be two horizontal dowelled connections into the corner of the foundation. The depth of holes for the dowels should be approximately 6"- Additionally, we recommend the pedestal be reinforced .in the center with a *4 steel reinforcement bar. All dowelled connections and the steel reinforcement shall be provided with a minimum of 1 1/2" of concrete cover in the construction. A pinned connection should be provided between the wooden column and the pedestal as previously described in our report of August 24 , 1993 . The extension of the brick masonry construction for the column support must be isolated from the replacement, construction of the concrete stoop. The isolation joint construction between the brick masonry and the stoop should be sealed with a high grade ,point sealant to prevent moisture migration into the joint construction. The structural distress in the existing stoop most likely was the result of moisture absorbed by the wooden column which caused swelling of the wood. The swelling resulted in tension failure in the surrounding concrete . Respectfully, Professional EEigineerin consultants , Inc . J n F. Gislason, Jr. , P.E. taff Engineer JFa/fM ALLSTAR CONSTRUCTION INC. 3'1-, N Kghway 100 MN 55422 6 15915325 j 535-7500 1 VAX) pon wk"z n"pecnwi of dw root at 125 1 ruftuia fra1lll in Orono .\,I.n the folk.vv ilv� W in, wk": sweof dw hount there ar ru,, `,iddle that 'naneJ ,kaleT iM--m into it outslj� v"'ll, comm I hese nvv areas exposed to Mot of ran "ater and no" wd ice Wild uj,. Because ot trig fac,,, it i, im prote:��,jorja r fl' dr thesc- two Shoull ia 8 a cmplete pk pawn of &V %VatCt '!r Uj-,,Jtt'ja%rnew ind t1ml sAde;rd, W,iiii;ed. skin:, ofsilteet instead of shinpe, aW awab are stung and -alley mal has been installe(i i ,e ro,-)fleaks at e vaddic was at innes -.): rieavy rain and sno% and ice build up i W Wage m, Aur' mvpn m.: wr.uJQ ,.Qcd !n f.he aieas Jae February 12, 1998 Mr.Roger Olson RKO Homebuilders,Inc. 3134 130th Ave. NW Coon Rapids,MN 55448 Re: Home built on 125 Truffula Trail,Orono,MN 55356 Dear Mr.Olson: We still have not heard from either the plumber or the framer on the plumbing leaks and uneven french doors as we discussed back in November. We would certainly appreciate your assistance as the plumbing leaks are getting worse. We would also like the plumbers and heating installers to address the"knocks"we are hearing from within the walls. The noises are continuing to keep our children awake at night. You had indicated that the sounds may go away, however,they are actually getting worse. At this time,we are also requesting something in writing from you as to why we did not receive a credit back on our brick and cabinet allowances. As you know,our copy of the sworn construction statement indicates we did not use our full allowances as you had previously indicated. Regarding the roof leaks at our property,we would like to call to your attention a letter from the City of Orono(see attached). Since you have not personally viewed the problem areas to date,we requested the City of Orono inspectors,along with other roofers,to come out to our property to review the situation. The city officials and the roofers we have had out to our property, including your own,indicated to us that this is a bad area requiring special attention which should have been given at the time of installation. As you will note from the City of Orono's letter and the roofers'recommendations,they believe the problem is due to the construction of the roof and flashings and that water leakage will occur in the home even during heavy rains. All of the roofers, including your own,advised us that additional ice and water barrier,along with a metal or possibly rubberized roofing material would be needed to prevent future water damage. However,according to your roofer, he does not do this type of work himself. Therefore,we obtained two estimates and a letter of recommendation pertaining to this situation(please see attached). It is certainly our position,as well as the City of Orono and the State of Minnesota,that you are responsible for the work required to remedy this problem. We would like to inform you at this time that your recent cosmetic repair of the front stoop and brick work are both cracking once again,even during this mild winter. Also,the discoloration of your overlay is not changing as you had indicated that it would. We invite you to make an appointment with us if you find it necessary to view these situations at our home. After which,we are requesting a written response to these very important issues with a detailed description of what you intend to do to remedy them, along with the time frame of repairs. We are requesting this written response by certified mail on or before March 3, 1998. Sincerely, Mike and Lori Arne 449-8779 cc: City of Orono ��7 Hurd Millwork Company, Inc. w S 57C S. «helen Ave., hi.:dford, W'I 54451 .3) 746-_'011 I j Thursday, July 02, 19,98 Mike & Lori Arne 125 Trufla Trail Orono, MN 55356 Dear Mike& Lori: Per your request I am writing to let you know that as it presently stands your two clad sliding doors are installed incorrectly in your home. Sun room door *out of square *miters not properly caulked *Stationary panel not seeded In franca pocket *no L-bracket on stationary panels *no guide shoes on operating panel Basement door *miters not caulked correctly *stationary panel not seeded correcdy *no L-bracket on operating panel *no sill support *sill nail fin not attached tL ,LIldIng *no guide shoes on operating panel As it stands as long as these doors are incorrectly installed your warranty is void. I strongly suggest that you take out the doors, put frame together correctly, caulk and reinstall square. If the doors are installed correctly your warranty will than be active again. Who ever puts the doors In I strongly suggest that they read the instructions. Also on my last visit we water tested the windows and they did not leak, however the caulking around the windows is missing in some spots which is probably where the water is getting around. You need to rye-caulk the units as soon as possible. I SincwWy, ..�- v Tom Doering District Sales Manager July 21,�k998 Mr.Lyle Oman CITY OF ORONO (Hand Delivered) Dear Mr. Oman: As per our conversation,the following is a list of code irregularities observed at 125 Tmff'ula Trail,Orono,MN: ,✓*Front stoop and stairway exceeds 8"max requirement ✓*Front stoop and nearby grade does not allow water to run away from the house. Front stoop also has major cracking,along with foundation wall below and brick column above. ✓*Lack of seal around patio doors, some windows,front entry and service doors (see attached letters from window and door manufacturer's rep which includes improper installation of patio doors,thus voiding our warranty) "Mound septic system does not meet code requirements of absorption width and is certainly - non-conforming at this time. V4Resealing joints with tar strips at manhole riser of septic pump tank,has not been done to date as indicated in Steve Weckman's letter of 4-16-98. We also question the float level of the pump and the depth of the tank. "Class B Flew is apparently in code violation because of expansion and contraction noises transmitted. It should be investigated further. '/*The air conditioning condensing unit does not meet requirements as far as height clearance of 6'6"as per 1991 Uniform Mechanical Code Sec. 1202. VI(Roof vents are clogged with insulation from last summer's storm incident. The builder had insulation sprayed into the attic space before the soffit vents were on. When the high winds came,they blew the insulation around the neighborhood and apparently blew up into the the roof vents.All roof and soffit vents,along with air space above soffits should be be checked at this time for proper ventilation. '*Lack of seal(for air leakage)around plumbing vent pipes leading into attic may be source of knocking pipes $'/*We are questioning the ability of the duct work to move the quantity of air flow as indicated in the heat loss calculations. More information to follow. *No access panel in garage ceiling(we recently cut the hole to comply with fire code,but the builder should install a new insulated panel and scuttle if required). *No access to plumbing behind upstairs bathtub(However,in the interest of getting these issues resolved we are willing to overlook this item). *Grade is less than 6"below the siding(however,in the interest of getting these issued resolved,we are willing to accept this near the walk-out area at the north side of house) Your immediate help in getting the builder to come back and take care of these matters will be appreciated If you require further investigation of these items,please contact us as soon as possilbe. Please carbon copy us with any citations and correspondence to the builder. The following is a list of faulty workmanship items observed at 125 Truff fla Trail,Orono,MN: *OSB sheathing on roof is warped in certain areas,causing a"wavy"appearance. This is V either due to improper ventilation(not allowing moisture to escape),lack of separation of OSB boards,improper nailing,and/or over-weathering of the sheathing causing buckling at the seams of the OSB. If that was the case,then these boards,at the very least should have been sanded before roofing paper and shingles were applied. It is also possible that the OSB simply wasn't nailed properly in these wavy areas,causing them to lift. Now that the shingles have settled after the winter months,it is apparent that there is a problem. We would appreciate your observations of this faulty workmanship in writing. *Roof repair needed as previously observed. Per your conversation with Mike,please adjust your letter dated June 29th,regarding the builder's roof repair in the valley and comer areas indicating that he did not do the substantial repair as you had previously recommended As roofing contractors agree,putting a triangular piece of metal higher on the wall will do nothing for the problem. Thank you for your help. ty, 4"� Mike and Lori Ame P.S. At your earliest convenience,please reinspect our fuse box where Mr. Olson hooked up the septic pump wire to make sure that we don't have a safety issue here. P.S.S. We have just been informed by two of our neighbors that the developer,Earl Fischer,took a great deal of dirt from our property(just before closing)from the north side of our birm and moved it to use as backfill and grading for the Adam's home (200 Truff da Trail,at end of culdesac). Maybe you could assist us in getting the developer to deliver dirt back to our property so that we can replace it at the end of the birm,as needed. .JidIF'i JJJ a r,. . : i a,., v',` l: .'� .) i..- r/1,1. rt il•fW ";i:1i �!`'. ' W b;'w,,l!od r k co r+r`cM .lJ J/�J• ;{` Sfi A.%r<.y a'1;7 C.t!_y' tV ti f:lt' I.YZ�! 1tr•L lx;'• ey /gip?�'f .. +rsi•/r) as posiibie. I am Dot nny . . ,�. y;�`� ,,t.,, f�%ide. - � , _ ., ,. _ ,,., � w. .. � _ t� ' � �i �i'� I�!n J.aYt,i,- - i i. . t;.. . . - b el„t � _� .�:l.t • Au 1998 Mr.Lyle Oman '. CITY OF ORONO (Hand Delivered) I Dear Mr. Oman: Thank you for your letter of August 4, 1998,regarding our concerns with our new home. We would like to respond to your letter by adding the following: *We disagree with the method of measurement being open for interpretation as the step up to the foyer room is over 8". However,we will not pursue this code irregularity at this time as the stoop is now a structural problem. *Your letter does not address the front stoop not allowing water to run away from the house as it has a negative slope toward the house. We will not pursue this code irregularity at this time as the stoop is now a structural problem and will be repoured. *The stoop is apparently structural and must be replaced. It is possible to repair the foundation but will not be known until the stoop is removed. A structural engineer will have to make this determination at that time. Also,at that time,it will be necessary for the builder to make it possible for another step to be added by adding another foundation for the step as the approved plan indicates. The temporary board will be removed at the time of stoop replacement and two full steps between the brick should be poured As the city has indicated,code requires 6"between the final grade and the material on the house. This would be impossible to establish without a permanent step. The homeowner should not be required to pour a floating step after the final grade has been established. *As respects the seal around patio doors,some windows and service doors,we would like your statement to the builder to read as follows: Lack of seal around patio doors: Patio doors must be installed per manufacturer's requirements(removed and re- installed per attached letter). Contractor to receive manufacturer's approval on repairs. The windows are installed per manufacturer's specs,however,the required seal(caulk)is not present around some of the windows. �Q *Your statement regarding Mound septic not meeting code is adequate. However,please note that we expect the mound to be rebuilt according to the design on record The system should be repaired according to the design on file with the �7 city,including size of rock bed,sand absorption area,and slope of mound. Enclosed is a copy of the letter from Bob Koch that indicates the areas that do not meet the requirements. If the system cannot be repaired to meet all of the design requirements,we shall wish to discuss this matter further. Also,it is our understanding that the original septic subcontractor is no longer in business. We would like the opportunity to approve of the contractor making the repairs. Without an adequate comfort level of repairs,we may wish to move the mound. *Regarding resealing the manhole risers, Steve Weckman has addressed this issue with the builder and original subcontractor. As the risers have stopped taking on ground water to date,no action to be required at this time. *We agree with your statement regarding class B flue noises. *We agree with your statement regarding the air conditioning unit *We agree with your statement regarding the roof vents. *Lack of seal around plumbing vents: Being that installation was stated as being done per code,the builder will not be required to rectify this situation. *Ability of duct work to move air. Heating system must be blanced by heating contractor on a per room basis. A report should be given to the City of Orono for analysis. We are certain that the Uniform mechanical code addresses air flow requirements,etc. We would like verification that the heating system is capable of 1571 CFM with the ductwork that it currently has. If the contractor does not have adequate testing devices,please let us know. • ! *We are coir',)rtable with your statement regarding the access panel in the garage. r • *Access to plumbing,upstairs tub. There is no need to mention this to the builder,it has been covered X*We are comfortable with your statement regarding the grade with the exception of the front of the house(see ('above statement concerning front stoop and necessary extra step needed to enable proper grade in this area). r� *We agree with your statement regarding the roof trusses over the garage. We would like a statement written to the builder regarding this faullty workmanship item. *Roofing problem area: This should,again,be brought up to the builder. He indicated he would follow your recommendations and clearly has not. Please indicate in your letter to the builder that this has not been rectified to date. *Dirt removed by developer. We agree with your statement. Please provide us with a copy of your letter to RKO Homebuilders for prior approval and with his response after he has received the letter. Thank you for your time. Sincerely, Mike and Lori Arne Enclosures 0 0 CITYof ORONO Municipal Offices Street Address: Mailing Address: ' cEggO 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 September 2, 1998 Mr. Roger Olson RKO Builders 3134 130th Ave N.W. Coon Rapids Minnesota 55448 Re: 125 Truffula Trail, Orono Dear Mr. Olson: Since the completion of the home at 125 Truffula Trail,the homeowners have experienced various problems that are code violations. The following is a list of items that need your attention. The crack in the front stoop that we hoped was a cosmetic issue has now cracked again after it was repaired. It is now apparent that it is a structural problem and must be removed and redone. The foundation must be investigated and if damage is found it must be replaced or repaired per a licensed structural engineers approved recommendation. When the stoop is replaced it must have positive pitch to drain away from the house and have the required 8" maxime rise and 9" minimum run from existing grade to the door sill. The patio doors were improperly installed. They must be removed and reinstalled per the manufactures instructions. When complete, the patio door representative must approve work. (See attached letter) The windows are installed per manufactures specs,however caulking was missed or poorly applied on most windows and must be recaulked. The Class B flue makes noises upon expansion and contraction. The wall must be opened to investigate the firestops for proper installation. The air conditioning unit does not have proper clearance above. Unit must be moved to meet manufactures requirements. Telephone (612) 473-7357 • FAX 473-0510 Mr. Roger Olson September 3, 1998 Page 2 of 2 Roof vents may be clogged with insulation due to high winds prior to the soffits being installed. The vents must be investigated and cleaned if required. Heating system must be balanced to provide adequate air flow to all rooms. A report must be submitted to the City of Orono from the heating contractor upon completion. Roofing problem area - as discussed previously, the installation meets code requirements but because of the configuration of the roof and valleys it requires special attention to prevent ice back up and leaking. As discussed and recommended by several roofing contractors,a one piece pan should be manufactured and installed in the two problem areas. The mound septic system was not installed per the designers plan and must be enlarged to meet City and State standards. The downslope dike width is undersized by between 1 and 5'. The overall dike width is 13' to 16' and must be at least 19' wide. When the mound is opened up it can be determined how much additional width will be required. - An area of the roof above the garage doors is irregular in that there are bumps and dips. It appears that the trusses may be off set from one another. This is not a code violation or something the City is requiring to be fixed,however I would like to call it to your attention as poor workmanship. Please respond in writing with a time line for completion of these items within the next 2 weeks. Feel free to contact me at my office to discuss any of these items. We would also be happy to meet you in my office or on site if you wish. Your cooperation in putting this project behind us would be greatly appreciated. Sincerely, Lyle Oman Building Official LO/j lg cc: Bruce L. Vang,Field Inspector Steve Weckman, On-Site System Manager Mike&Lori Arne, 125 Truffula Trail, Orono, MN 55356 s October 1, 1998 Mr. Lyle Oman City of Orono RECEIVED P.O. Box 66 Crystal Bay,MN 55323-0066 OCT 0 5 1998 Re: Your letter of September 2, 1998 on 125 Truffula Trail,Orono Cly Y Ur ORONO Dear Mr.Oman: On October 23 1997 RKO Builders completed construction,and with a Certificate of Occupancy from the City of Orono transferred the title on the above property to the Ame's. A Certificate of Occupancy means that the"building substantially conforms to the requirements of the ordinances of the City". The property was accepted by the homeowners and approved by the Mortgage Company. Having said that,and on the advice of legal counsel,I am responding to your letter as follows: • RKO Builders had a licensed engineer inspect the crack in the front stoop who stated that it was cosmetic and not structural. ,F • The patio doors where inspected by the door manufacture.If they felt there was something wrong with the installation they should have taken care of it. This is a manufacturer's warranty problem not a code violation. • Missing caulking was done or should have been done by Suburban exteriors in Orono I have contacted them many times and they have been to the site,met with the home owner and caulked places missed. • The Class B flue was inspected and approved by the city inspector. • The air conditioner was installed under the porch at the insistence of the homeowner. If the homeowner wants this air conditioner moved he should pay for it.The clearance problem is a manufactures requirement not a code violation. rf • The roof vents were not clogged when we installed them. 0 Heating system was inspected and approved by the city. If the city feels that there is a problem they should contact the heating contractor. This is not a code violation. • The roof shingles,shingle tins,ice and water shield and valley flashing have been installed per code. The water leakage was from ice back up and was inspected and stopped by the roofing contractor. After meeting with the city inspector we determined that a flashing going up higher on the wall then the shingle tins would most likely solve the problem.On June 12, 1998 1 went out to 125 Truffula Trail and began to make the changes to the flashing that the Inspector and I had agreed on.When Mike Arne arrived home he asked me what I was doing. I told him.He said that's not how he wants it done and if that's how I was going to do it I should get off his roof and if I came back without his knowing he would consider it trespassing. The roof flashings were not changed at the homeowner's request. • The mound septic system was installed under the direct supervision and in the location determined by the city Inspector.The installer did everything that the inspector wanted and followed the plan carefully. The system is working and meets all the state and local standards. • Any unevenness in the roof may have been caused by the plywood wrapping from the delay's caused by the home owner who could not make up his mind on the 20 some changes made after the house was framed.As you stated this is not a code violation. I think you should rethink yours and the city's position regarding these matters. RKO Builders has Complied with all of the city and state codes requirements. Mr.Arne was a hostile customer who was given every opportunity by RKO Builders to walk away from this house.After seeking advice from legal counsel the Ame's elected to proceed with the purchase.RKO Builders feels Mr. Ame has a different agenda and because of his hostility toward them they have distanced themselves from him. Sincerely, Pe7tlK Roger H.Olson For RKO Builders I 1100 International Centre OCi U 098 900 Second Avenue South Minneapolis, MN 55402-3397 FREDRIKSON & BYRON, P.A. Cffy Vr L rMQNO FAX)(612) 30470-7077 Attorneys At Law Direct Dial No. (612)347-7005 mvyvyan@fredlaw.com 8 October 1998 VIA U.S. MAIL &FACSIMILE Lyle Oman Building Official City of Orono Post Office Box 66 Crystal Bay, MN 55323-0066 Re: 125 Truffula Trail Dear Mr. Oman: My law firm has been retained by Lori and Mike Arne to represent them in matters relating to the defective construction of their home at the above-referenced address. While my clients appreciate your efforts to help them resolve the problems with their home, a few matters require further attention. I am in receipt of a copy of Roger Olson's letter to you dated October 1, 1998. As you aware, Mr. Olson refuses to correct the defects and problems listed in your letters of September 2, 1998 and September 15, 1998. You recently informed my clients that while you intend to discuss a number of the defects further with Mr. Olson, you also intend to seek correction of other defects directly from Mr. Olson's sub-contractors. The Ames have expended untold amounts of time and money seeking a home that complies with their contract with Mr. Olson, as well as the Building Code. The Ames want the problems with their home fixed, and if the sub-contractors are willing to do so, the Ames would be satisfied with that resolution. However, my clients are concerned with the City allowing Mr. Olson to walk away from any of the problems he is responsible for. It is the City's obligation to ensure compliance with the Building Code and the requirements stated in your letters to Mr. Olson. In particular, the Ames are concerned with the defective front stoop and the defective septic system located on the above-referenced property. In his October 1, 1998 letter to you, Mr. Olson states that the crack in the stoop is "cosmetic and not structural."Mr. Olson's assertion is not only false, but does not address the full scope of the problems with the stoop. As you stated in FREDRIKSON & BYRON, P.A. Attorneys At Law Lyle Oman 8 October 1998 Page 2 your letters to Mr. Olson, the stoop does not meet code due to its negative pitch towards the house. Further, the crack is not merely cosmetic, but is indicative of a structural defect. The crack in the foundation of the stoop is further evidence of the structural nature of the defect. The stoop must be replaced, and the City has a duty to make that replacement a reality. Further, the septic system was incorrectly installed, does not meet local and state standards, and should not have been approved by the City. The City attempted to resolve the Ames' report of surface discharge by using heavy equipment to place more fill on the mound, which only exacerbated the problems with the septic system. The Ames requested that the City"red tag"the system in early Summer 1998. The City has repeatedly advocated a"wait and see" approach as to whether the system will recover. This approach is no longer satisfactory. At minimum, the system will require extensive repairs which will void any warranty of the system. Accordingly, the Ames are entitled to, and fully expect to receive, installation of a new septic system. In your September 2, 1998 letter to Mr. Olson, you demanded he submit a timeline for repairs within two weeks. Mr. Olson failed to provide a timeline. In your September 15, 1998 letter to Mr. Olson, you demanded that repairs be completed by October 14, 1998, or the City would "initiate legal action." Mr. Olson's letter of October 1, 1998, makes clear that he plans to take no corrective action at all, much less by next Wednesday. There is no reason to believe that allowing Mr. Olson more time to avoid his responsibilities will resolve the situation. The City has allowed Mr. Olson and RKO Homebuilders to avoid compliance with the Building Code and other responsibilities long enough. The Ames are Orono taxpayers, and deserve nothing less than the full efforts of the City in this matter. Please keep me informed on the City's commencement of legal action against Mr. Olson and RKO Homebuilders. Very truly yours, Mark W. Vyvyan MWV cc: Lori and Mike Arne 2185626-1 (1 @%P/o01!.doc) 0 CITY of ORONO Municipal Offices Street Address: Mailing Address: �k�gg0g� 2150 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 October 8, 1997 Mr. Mike Arne 125 Truffula Trail Long Lake, Minnesota 55356 Re: Crack in Stoop Dear Mr. Arne: Bruce Vang, Orono Building Inspector,and myself have inspected a crack in the stoop of the home at 125 Truffula Trail. We have also reviewed reports from two structural engineers. Your engineer felt it should be investigated further. The builder's engineer felt it was only a cosmetic crack. The City's position is that this is probably a cosmetic crack and will not affect the structural integrity of the building, so the city will not take any action at this time. If however a structural problem occurs(which would probably happen during the first year freeze thaw cycle),the contractor would be required to repair it under a ten year structural defect warranty required by state statutes. If the contractor failed to repair it and you were unable to enforce a judgment against him (if he was out of business for example), you could collect from the State Commerce Department's recoveryfund and have it repaired. If you have any further questions, feel free to contact me at my office. Sincerely, Lyle Oman Building Official LO/ch II Enc. Statutory Warranty State Commerce Department Information cc: Bruce L. Vang, Field Inspector Telephone (612) 473-7357 • FAX 4734510 / I ;r0 O i CITY of ORONO A _t Municipal Offices Street Address: Mailing Address: 2150 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 October 12, 1998 Northern Heating& A/C 5635 142nd Avenue Ramsey, Minnesota 55303 Re: 125 Truffula Trail Dear Sirs: On August 7, 1997 this office issued mechanical permit #9765 to you for heating and air conditioning at 125 Truffula Trail. Since the owners moved into the home, various problems with the systems have come to light. They are as follows: 1. The air conditioning condenser was, installed under the porch with inadequate clearance -the unit must be moved to an acceptable location. 2. Air flow to rooms is inadequate in some areas and over abundant in others- system needs to be balanced and a report must be filed with the City. 3. The flue makes loud noises on expansion and contraction on the second floor bedroom area - the wall must be opened to inspect for improper installation or possibly a problem with the firestop. As the installer, the City feels you are responsible for resolving these issues. A deadline of October 26, 1998 has been established. If this deadline is not met, the City may initiate legal action. If you have questions or if you have a problem meeting this deadline, please feel free to contact me at my office. Sincerely, L e Oman Building Official LO/ch cc: Mike&Lorie Arne Bruce L. Vang, Field Inspector Telephone (612) 473-7357 • FAX 473-0510 a 04�k\\ I CITY of ORONO i �C, Municipal Offices G Street Address: Mailing Address: 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323 0066 October 12, 1998 Mr. Roger Olson RKO Builders 3134 130th Ave N.W. Coon Rapids Minnesota 55448 Mr. Roger Olson RKO Builders 12360 Yucca Street N.W. Coon Rapids Minnesota 55448 Re: 125 Truffula Trail, Orono Dear Mr. Olson: This is in response to your letter of October 1, 1998. In your letter you quoted a sentence from the certificate of occupancy. "Building substantially conforms to the requirements of the ordinance of the City." However Uniform Building Code Section 109.1 states: "Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid." Therefore the City feels outstanding code violations are still your responsibility to correct. - The crack in the front stoop has reappeared after your repair and has extended now through the foundation. I would be happy to meet your structural engineer on site to discuss the issue. - I contacted the State Building Code Division to discuss the patio door installation. They confirmed that it is not a building code issue. - I inspected the property on 10-8-98 and found numerous areas that lack caulking. - The City will deal with the mechanical contractor on issues related to their permit. Telephone (612) 473-7357 • FAX 473-0510 � 2 5�2 Roger Olson, Rko Builders October 12, 1998 Page 2 The roof vents are somewhat obstructed but where installed per code. The septic system on this property has been inspected by the City several times since the system installation. Due to saturated soils at the base of the mound, we asked you to regrade the yard to drain surface water away from the mound as well as the septic tanks. The work was completed and some of the excess soil was placed at the base of the mound because it was a low spot in the yard which collected drainage water. Recent inspections of the system indicate that it is functioning property. The homeowner claims that the system is not compliant and must be replaced. As per my previous letters,the system may not be sized to the exact dimensions on the system designs, but it does appear to meet the minimum standards set forth in the Minnesota Rules,Chapter 7080 and the Orono Municipal Code. It may be beneficial to add more sand to the base of the mound, but it could also be a detriment as the sand and topsoil must be carefully matched to the existing materials and the addition must be given time to settle prior to heavy doses of sewage being added in these areas. As the system is functioning properly and meets the City and State standards, we recommend no changes be made to the system at this time. Therefore, the only issues for you to correct are the front stoop and the chalking. These must be corrected before 10-26-98 to prevent legal action. If you have any questions please feel free to contact me at my office. Sincerel , Lyl Oman Building Official LO/jlg cc: Bruce L. Vang,Field Inspector Steve Weckman, On-Site System Manager Mike& Lori Arne, 125 Truffula Trail, Orono, MN 55356 encl: Uniform Building Code 109.1 Letter from Masonry Contractor 10-8-97 letter from City of Orono signed by Roger Olson C O N S T R U C T 1 0 N I N C . 141 Depot Drive,Woconia,Minnesota 55387 612-442-9767 Fox 442-4499 October 1, 1998 Roger Olson RKO Builders 3134 130th Ave N.W. Coon Rapids, MN 55448 Dear Roger, I met with Mr. & Mrs. Mike Arne on September 29th, to inspect their front stoop at 125 Truffula in Orono. It is evident that there is a structural problem that needs to be corrected. We were instructed by you to pour the stoop around the wood post. You instructed your brick contractor to place his brick work atop the concrete porch. Both of these procedures are used many times successfully, but are not recommended practice. I feel that it is fair that the three of us share in the cost of removal and replacement of the stoop and whatever brick corrections are required, to either brace and add to the bottom of the brick columns, or completely remove and rebuild the brick work. Mr. Arne indicated that this worst case scenario would cost approximately $4000.00 Please contact me as soon as possible to align this solution B t Regards i Knodt cc:Mr. & Mrs. Mike Arne MK/cg . a , 1994 UNIFORM BUILDING CODE 108.5.2-109.2 prior to inspection.All materials for the foundation shall be on the job,except where concrete is ready mixed in accordance with U.B.C.Standard 19-3,the concrete need not be on the job.Where the foundation is to be constructed of approved treated wood,additional inspections may be re- quired by the building official. 108.53 Concrete slab or under-floor inspection. To be made after all in-slab or under-floor building service equipment,conduit,piping accessories and other ancillary equipment items are in place,but before any concrete is placed or floor sheathing installed,including the subfloor. 108.5.4 Frame inspection. To be made after the roof,all framing,fire blocking and bracing are in place and all pipes,chimneys and vents are complete and the rough electrical,plumbing,and heat- ing wires,pipes and ducts are approved. 108.5.5 Lath or gypsum board inspection. To be made after all lathing and gypsum board,inte- rior and exterior,is in place,but before any plastering is applied or before gypsum board joints and fasteners are taped and finished. 108.5.6 Final inspection. To be made after finish grading and the building is completed and ready for occupancy. 108.6 Special Inspections. For special inspections,see Chapter 17. 108.7 Other Inspections. In addition to the called inspections specified above,the building offi- cial may make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws which are enforced by the code enforcement agency. 108.8 Reinspection. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made. This subsection is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code,but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection. Reinspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site,the approved plans are not readily available to the inspector,for failure to provide access on the date for which inspection is requested,or for deviating from plans requiring the approval of the building official. To obtain a reinspection,the applicant shall file an application therefor in writing on a form fur- nished for that purpose and pay the reinspection fee in accordance with Table 1-A or as set forth in the fee schedule adopted by the jurisdiction. In instances where reinspection fees have been assessed,no additional inspection of the work will be performed until the required fees have been paid. SECTION 109—CERTIFICATE OF OCCUPANCY 109.1 Use and Occupancy. No building or structure shall be used or occupied,and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefor as provided herein. EXCEPTION:Group R,Division 3 and Group U Occupancies. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the rovistons of this code oro of er ordinances of the uns action.Certificates presumingto give au- thority to violate or cancel the provisions of this code or other ordinances of the jurisdiction sha 1 not be valid. 109.2 Change in Use. Changes in the character or use of a building shall not be made except as specified in Section 3405 of this code. 1-9 O� O CITY of ORONO Municipal Offices 4 �G~ Street Address: Maliinj Address: 2150 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay. MN 55323-0066 October 8, 1997 Mr. Mike Ame 125 Trufftila Trail Long Lake, Minnesota 55356 Re: Crack in Stoop Dear Mr. Arne: Bruce Vang,Orono Building Inspector,and myself have inspected a crack in the stoop of the home at 125 Truffula Trail. We have also reviewed reports from two structural engineers. Your engineer felt it should be investigated further. The builder's engineer felt it was only a cosmetic crack. The City's position is that this is probably a cosmetic crack and will not affect the structural integrity of the building, so the city will not take any action at this time. If however a structural problem occurs(which would probably happen during the first year freeze thaw cycle), the contractor would be required to repair it under a ten year structural defect warranty required by state statutes. If the contractor failed to repair it and you were unable to enforce a judgment against him(if he was out of business for example), you could collect from the State Commerce Department's recovery fund and have it repaired. If you have any further questions, feel free to contact me at my office. Sincerely, \ ka�,c Lao TN Amo A �,E G�1<1f �1' !SLyle Oman Building Official �vrertry LO/ch Enc. Statutory Warranty State Commerce Department Informatio cc: Bruce L. Vang, Field Inspector l0 — — 7 7 October 14, 1998 Mr.Lyle Oman City of Orono P.O.Box 66 Crystal Bay,MN 55323-0066 Re: Your letter of October 12,1998 on 125 TruffWa Trail,Orono Dear Mr.Oman: Enclosed you find letters from RKO homebuilders,Inc.to:Robert Palmer of Suburban Exteriors telephone Number 449-5771 and to Mike Knodt of Expert Construction Inc.telephone number 442-9767. Suburban Exteriors installed the siding and did the caulking on the home at the above address.I trust that they will contact you and take care of the bad caulking,as this is their responsibility. Expert Construction did all of the concrete work on this job.If there is a structural problem with the front stoop it is their problem to take care of. The way our system works,and because RKO homebudders,Inc.is no longer active,any problems that occur after closing are very difficult to get fixed because the builder must pay all of the sub-contractors in full at closing. I hope this will be enough to get these contractors to take responsibility and resolve these problems to the city's satisfaction. Sincerely F'o r( Roger H.Olson For RKO homebuilders,Inc. August 18,X998 Mr.Lyle Oman CITY OF ORONO (Hand Delivered) Dear Mr. Oman: Thank you for your letter of August 4, 1998, regarding our concerns with our new home. We would like to respond to your letter by adding the following: *We disagree with the method of measurement being open for interpretation as the step up to the foyer room is over 8". However,we will not pursue this code irregularity at this time as the stoop is now a structural problem. *Your letter does not address the front stoop not allowing water to run away from the house as it has a negative slope toward the house. We will not pursue this code irregularity at this time as the stoop is now a structural problem and will be repoured. *The stoop is apparently structural and must be replaced. It is possible to repair the foundation but will not be known until the stoop is removed. A structural engineer will have to make this determination at that time. Also, at that time,it will be necessary for the builder to make it possible for another step to be added by adding another foundation for the step as the approved plan indicates. The temporary board will be removed at the time of stoop replacement and two full steps between the brick should be poured. As the city has indicated,code requires 6"between the final grade and the material on the house. This would be impossible to establish without a permanent step. They homeowner should not be required to pour a floating step after the final grade has been established. _ *As respects the seal around patio doors, some windows and service doors,we would like your statement to the builder to read as follows: Lack of seal around patio doors: Patio doors must be installed per manufacturer's requirements(removed and re- installed per attached letter). Contractor to receive manufacturer's approval on repairs. The windows are installed per manufacturer's specs,however,the required seal(caulk)is not present around some of the windows. *Your statement regarding Mound septic not meeting code is adequate. However,please note that we expect the mound to be rebuilt according to the design on record. The system should be repaired according to the design on file with the city,including size of rock bed, sand absorption area,and slope of mound. Enclosed is a copy of the letter from Bob Koch that indicates the areas that do not meet the requirements. If the system cannot be repaired to meet all of the design requirements, we shall wish to discuss this matter further. Also, it is our understanding that the original septic subcontractor is no longer in business. We w9tdc-Flike the opportuluty to appiove-cPfthe contractor making the repairs. Without an adequate comfort level of repairs,f we may wish to move the mound *Regarding resealing the manhole risers, Steve W6&Mart-has addressed tl is issuerywith the builder and original subcontractor. As the risers have stopped taking on ground water to date, no action to be required at this time. *We agree with your statement regarding class B flue noises. *We agree with your statement regarding the air conditioning unit *We agree with your statement regarding the roof vents. *Lack of seal around plumbing vents: Being that installation was stated as being done per code,the builder will not be required to rectify this situation. *Ability of duct work to move air. Heating system must be blanced by heating contractor on a per room basis. A report should be given to the City of Orono for analysis. We are certain that the Uniform mechanical code addresses air flow requirements,etc. We would like verification that the heating system is capable of 1571 CFM with the ductwork that it currently has. If the contractor does not have adequate testing devices,please let us know. September 8. 1998 Mr, 1-,N le ontan CITY OF ORONO ('via fax) Dear Mr. Oman: We have received a draft COpN'Of VOtir letter to RKC)Homcbuildcrs. Inc.via lax The following,is a list of our continued expectations and requirements that we do not-cc in your letter: *Please indicatc that the fi)undation for the front stoop is currcnt1N cracked in two Places and needs to be rcTriired at the timc of stoop replacement. Attached is an additional letter front our structural engineer regarding this_ along with cracks in the mortar that-.N ill need to be taken care of. *We believe that it is necessary to pour a footing for an additional step w'ilh stoop in order to meet 8" rise requirements, thong,with $rade requirements *The lack of seal below•the'threshold of service doors and front door 1,vas not mentioned in i.01ir Icrii r.but should also be:taken care or Ln, the builder. *As per Our K-1 8-98 letter. we maintain.that the mound system should be built according to the dcsign on record. You have included the fact that the dike nccds to be added to. We ce.ttainly agree thin filetii�nd on LItC duw'1lSlOpl'dike 17GCd5 t(1 be extended to meet absorption requirements. Iloweyet_ please note.that the designer(of design on record) has indicated that the mound height was over onc. foot too high We expect this slope.error to be corrected bti' remmal,of some of the vertical material rather than enlarging the dike t+cyond what the.original design requirements called for. It has also been noted that the designer indicates that the rock bed is f ve feet shorl. This should be corrected when the material has hcen removed from the top of the mound system. Please rcvicw the above mentioned items and consider including than in the letter to RKQ Homebuilders so that we don't have any ambigTuih•taking place. As you have previously indicated.. plcasc request the builder to take action in a specified time period upon when the repairs will be complete as damage is occurring to our property. along with.lxassiblc further damage to the mound system_ as tine goes om Please notify' us in writing as to what the C hN's tirue frame will lx=in order for the builder to make these repairs before citations will he issued along with a .fi_nal coin'of the letter to the builder. Sinc�rcly, ~like and Lori Arne I i i i' 10 CITY of ORONO r Municipal 0171ces Street Address: MaHlag Address- k' ddress: $,�gg0 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 553230066 September 2, 1991 i i Mr. Roger Olson RKO Builders 3134 130th Ave NW. Coon Rapids Minnesota 55448 i Re: 125 Truffula Trail, Orono i Dear Mr, Olson: Since the completion of the home at 125 Truffula Trail,the homeowners have experienced various problems that are bode violations. The following is a list of items that need your attention. i Th$ crack in the front stoop that we hoped was a cosmetic issue has now cracked agapn after it was repaired. It is now apparent that it is a structural problem and must be�emoved and redone, The foundation must be investigated and if damage is found it dust be replaced or repaired per a licensed structural engineers approved recommendation. When the stoop is replaced it must have positive pitch to drain aw*y from the house and have the required 8" maxime rise and 9" minimum run from existing grade to the door sill. i Th� patio doors were improperly installed. They must be removed and reinstalled per!the manufactures instructions. When complete, the patio door representative mint approve work. (See attached letter) Th$windows are installed per manufactures specs,however caulking was missed or poorly applied on most windows and must be recaulked. Th� Class B flue makes noises upon expansion and contraction. The wall must be opined to investigate the firestops for proper installation. i Thi air conditioning unit does not have proper clearance above. Unit must be moved to feet manufactures requirements. Telephone (612) 473-7357 • FAX 473-0510 i 9-15-9K Fax to: Mr. 1-N Ic Ornan City of Orono From.; Lori.Arne 449-9779 Thank you for the copy ol'your letter to RISC)Builders dated 9-15-98, l tried to contact you via telephone today after picking up my cof,A of the letter to the builder. howcvcr. you were with someone at the time. Therefore_ I thought I would fax you. We were not awarc that the letter dated 9-2-49 had been Sent to the builder. It was our understanding that this was a rough draft (sec a copy of our fax dated 9-8-98) . As eau kninv. your letter dated 9-2-99 indicalcs a two I'vcch lim.c frame for a written response from the builder. Has the.builder Lvcn in contact with you either in writing or verbally. as the time frame for the written response has ncarlc expired. Please immediatcl� let us knmv the content Evia fax)of the communications if or%Nhcu this is the case. II-vou have difficulty getting through to our fax (449-8779) then please fax it to 476-53,13 (Edina Pealty. Attn: Mike Arne). Thank vou. l:t O� O O t CITY of ORONO �!4 Municipal Offices 4* Street Address: Mailing Address: ' Egg04' 2150 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323.0066 September 15, 1998 Revised Letter of September 2, 1998 Mr. Roger Olson RKO Builders 3134 130th Ave N.W. Coon Rapids Minnesota 55448 Re: 125 Truf-ula Trail, Orono Dear Mr. Olson: Since the completion of the home at 125 Truffula Trail,the homeowners have experienced various problems that are code violations. The following is a list of items that need your attention. The crack in the front stoop that we hoped was a cosmetic issue has now cracked again after it was repaired. It is now apparent that it is a structural problem and must be removed and redone. The foundation must be investigated and replaced or repaired per a licensed structural engineers approved recommendation. When the stoop is replaced it must have positive pitch to drain away from the house and have the required 8" maximum rise and 9" minimum run from existing grade to the door sill. The patio doors were improperly installed. They must be removed and reinstalled per the manufactures instructions. When complete, the patio door representative must approve work. (See attached letter) - The windows are installed per manufactures specs,however caulking was missed or poorly applied on most windows and must be recaulked. - The Class B flue makes noises upon expansion and contraction. The wall must be opened to investigate the firestops for proper installation. - The air conditioning unit does not have proper clearance above. Unit must be moved to meet manufactures requirements. - Roof vents may be clogged with insulation due to high winds prior to the soffits being installed. The vents must be investigated and cleaned if required. Telephone (612) 473-7357 • FAX 473-0510 1 Mr.Roger Olson September 2, 1998 Page 2 of 2 Heating system must be balanced to provide adequate air flow to all rooms. A report must be submitted to the City of Orono from the heating contractor upon completion. Roofing problem area - as discussed previously, the installation meets code requirements but because of the configuration of the roof and valleys it requires special attention to prevent ice back up and leaking. As discussed and recommended by several roofing contractors,a one piece pan should be manufactured and installed in the two problem areas. The mound septic system was not installed per the designers plan and must be enlarged to meet City and State standards. The downslope dike width is undersized by between 1' and 5'. The overall dike width is 13' to 16' and must be at least 19' wide. When the mound is opened up it can be determined how much additional width will be required. The rock bed length can not be verified due to the dry conditions, but it must be 55'per the design. The rock bed length must be verified when the mound is opened up. The drainfield height appears to be correct based on a probing through the center of the drainfield on the upslope side. The mound is designed to be 3.5' high and the elevation currently is 3.9'. Exterior doors must have caulking below sills. An area of the roof above the garage doors is irregular in that there are bumps and dips. It appears that the trusses may be off set from one another. This is not a code violation or something the City is requiring to be fixed,however I would like to call it to your attention as poor workmanship. The above corrections must be completed before 10-14-98. If this deadline is not met the City will initiate legal action. Feel free to contact me at my office to discuss any of these items. We would also be happy to meet you in my office or on site if you wish. Your cooperation in putting this project behind us would be greatly appreciated. Sincerely, Lyle Oman Building Official LO/jlg cc: Bruce L. Vang, Field Inspector Steve Weckman, On-Site System Manager Mike& Lori Arne, 125 Truffula Trail, Orono,MN 55356 .f Wpa-m—n—mm" Hurd Millwork Company, Inc. YAM W24DOWS 575 S. Rhelen Ave.,Medford.WI 54451 (715)748-2011 Thursday,July 02, 1998 Mike d Lora Arne 125 Trufla Trail Orono, MN 55358 iDear Mike a Lorl: Per your request 1 am writing to let you know that as It presently stands your two clad sliding doors are installed Incorrectly In your home. l Sun room door *out of square *miters not properly caulked *Stationary panel not seeded In frame pocket *no L-bracket on stationary panels *no guide shoes on operating panel Basement door *miters not caulked correctly *stationary panel not seeded correctly *no L-bracket on operating panel *no sill support *sill nail fin not attached to building *no guide shoes on operating panel i As It stands as long as these doors are Incorrectly Installed your warranty is vold. I strongly suggest that you take out the doors, put frame together correctly, caulk and reinstall square. If the doors are installed con+ecdy your warranty will than be active again. Who ever puts the doors In I strongly suggest that they read the instructions. Also on my last vlsk we water tested the windows and they did not leak, however the caulking around the windows Is missing In some spots which Is probably where the water is getting around. You need to r+e-caulk the units as soon.as passible. Sincerely, 52. Tom Doering District Sales Manager 10!l4.l98 THU 09:53 FAX 612 347 7077 FREDRIKSON & BYRON 002 1100 Inteenationnl centre. 400 Second Avenue Sotg1l Minue3pohs, MN 55402-3397 FRFI]RIKSON & BYRON, P.A. (W) 347-7000 Attorneys At Law EAX (612) 347-7077 Direct Dial No, (612)347-7005 -VyVyan@fredlaw.com 8 October 1998 VIA U.S. MAIL&FACSIMILE Lyle Oman Building Official City of Orono Post Office Box 66 Crystal Bay, MN 55323-0066 Re: 125 Truffula Trail Dear Mr. Oman: My law firm has been retained by Lori and Mike Aire to represent them in inatters relating to the defective construction of their home at the above-referenced address. While my clients appreciate your efforts to help them resolve the problems with their home, a few matters require further attention. I am in receipt of a copy of Roger Olson's letter to you dated October 1, 1998. As you aware, Mr. Olson refuses to correct the defects and problems listed in your letters of September 2, 1998 and September 15, 1998. You recently informed my clients that while you intend to discuss a number of the defects further with Mr. Olson, you also intend to seek correction of other defects directly from Mr. Olson's sub-contractors. The Acnes have expended untold amounts of time and money seeking a home that complies with their contract with Mr. Olson, as well as the Building Code. The Arrres want the problems with their home fixed, and if the sub-contractors are willing to do so, the Acnes would be satisfied with that resolution,. However, my clients are concerned with the City allowing Mr. Olson to wally away from any of the problems he is responsible for. It is the City's obligation to ensure compliance with the Building Code and the requirements stated in your letters to Mr. Olson. In particular, the Ames are concerned with the defective front stoop and the defective septic system located on the above-referenced property. In his October 1, 1998 letter to you, Mr. Olson states that the crack in the stoop is "cosmetic and not structural."Mr. Olson's assertion is not only false, but does not address the full scope of the problems with the stoop. As you stated in 10/01:98 THU 09:53 FAX 612 347 7077 FREURIKSON & BYRON [�j003 FREDR1KSON & BYRON, FA. Attorneys At Law Lyle Oman 8 October 1998 Page 2 your letters to Mr. Olson, the stoop does not meet code due to its negative pitch towards the house. Further, the crack is not merely cosmetic, but is indicative of a structural defect. The crack in the foundation.of the stoop is Airther evidence of the structural nature of the defect. The stoop must be replaced, and the City has a duty to make that replacement a reality. Further, the septic system was incorrectly installed, does not meet local and state standards, and should not have been approved by the City. The City attempted to resolve the Ames' report of surface discharge by using heavy equipment to place more fill on the mound, which only exacerbated the problems with the septic system. The Ames requested that the City "red tag"the system in, early Summer 1998. The City has repeatedly advocated a"wait and see" approach. as to whether the system will recover. This approach is no longer satisfactory. At minimum, the system will require extensive repairs which will void any warranty of the system. Accordingly, the Aires are entitled to, and fully expect to receive, installation of a new septic system. In your September 2, 1998 letter to Mr. Olson, you demanded he submit a timeline for repairs within two weeks. Mr. Olson failed to provide a timeline. In your September 15, 1998 letter to Mr. Olson, you demanded that repairs be completed by October 14, 1998, or the City would "initiate legal action." Mr. Olson's letter of October 1, 1998, makes clear that he plans to take no corrective action at all, much less by next Wednesday. There is no reason to believe that allowing Mr. Olson more time to avoid his responsibilities will resolve the situation. The City has allowed Mr. Olson and RKO Homebuilders to avoid compliance with the Building Code and other responsibilities long enough. The Ames are Orono taxpayers, and deserve nothing less than the full efforts of the City in this matter. Please keep me informed on the City's commencement of legal action against Mr. Olson and RKO Homebuilders. Very truly yours, Mark W. Vyvyan MAW cc: Lori and Mike Arne 2185626-1 (i Ra 9�of%or!.dot) �1 CITY of ORONO k\ '-3 �r ?! Munkl Offices Pal Street Address: Malting Address: '�EBSp� 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay. MN 55323-0066 October 8, 1997 Mr. Mike Arne 125 Truffiila Trail Long Lake, Minnesota 55356 Re: Crack in Stoop Dear Mr. Arne: .1 Bruce Vang,Orono Building Inspector,and myself have inspected a crack in the stoop of the home at 125 Truffula Trail. We have also reviewed reports from two structural engineers. Your engineer felt it should be investigated further. The builder's engineer felt it was only a cosmetic crack. The City's position is that this is probably a cosmetic crack and will not affect the structural integrity of the building, so the city will not take any action at this time. If however a structural problem occurs (which would probably happen during the first year freeze thaw cycle), the contractor would be required to repair it under a ten year structural defect warranty required by state statutes. If the contractor failed to repair it and you were unable to enforce a judgment against him(if he was out of business for example), you could collect from the State Commerce Department's recovery fund and have it repaired. If you have any further questions, feel free to contact me at my office. Sincerely, \ HAV-4 REao TNls L-kr;k lL Lyle Oman wjlf( <T' 1N 1r S Building Official LO/ch / Zz" Enc. Statutory Warranty / A/ � State Commerce Department Informatio ! a4Ai-C/jVIUN 'ZS cc: Bruce L. Vang, Field Inspector October 14, 1998 Robert Palmer Suburban Exteriors 2425 West Industrial Blvd. Long lake,MN 55356 Re: 125 Truff da Trail Orono MN Dear Robert: 1 am writing this letter to you to ask you to contact Mike or Lori Ame at the above address and arrange a time to go to their house and finish the caulking on their home.Their Telephone Number is 449-8779. Lyle Oman,of the City of Orono has sent me a letter stating that the caulking on this home does not meet code and therefore is a code violation. I have talked to you many times about this and you have indicated you will take care of it but have not followed through. The City is threatening to take legal action.They demand that this work be completed by October 26, 1998. Mr.Oman's telephone number is 473-7357.1 bust you will follow through and complete this to the City's satisfaction. Sincerely, Roger H.Olson For RKO homebuilders,Inc. cc: Mr. Lyle Oman Building Official City of Orono P.O. Box 66 Crystal Bay,MN 55323-0066 Mr. Mike Ame 125 Truffula Trail Orono MN 55356 October 14, 1998 Mike Knodt Expert Construction Inc. 141 Depot Drive Waconia,MN 55387 Re: 125 Truffula Trail Dear Mike I received a letter from the City of Orono regarding the stoop at the above address.They are claiming that there is a structural problem and are threatening to take legal action if this issue is not addressed before October 26, 1998. This system was constructed with a 6 x 6 treated wood post set on the poured concrete wall which sits on a 20"x 8"concrete footing,The concrete stoop was then poured around the wood post and the brick was set on the concrete stoop. At no time did you express any concern with pouring concrete around the post or setting the brick on the stoop,as this is an industry-accepted procedure. Expert Construction poured the concrete for wall,footing,and the stoop. The footings were inspected by the city. Your Comment in your letter of October 1, 1998"it is evident that there is a structural problem that needs to be corrected." If there is a structural problem,and I'm not saying there is,I feel that it is Expert Construction's problem and not any one else's. I trust that you will contact Mr. Lyle Oman the city building official 473-7357 and Mr.Mike Ame 449- 8779 and resolve this issue with them before October 26, 1998. Sincerely Roger H.Olson For RKO Builders Inc. cc: Mr. Lyle Oman Building Official City of Orono P.O Box 66 Crystal Bay,MN 55323-0066 Mr. Mdse Arne 125 Truffula Trail Orono,MN 55356 C O N S T R U C T I O N / N C 41 :)Pt* Wocortia, M '&S-:,— x5387 612-442-9767 Fox 442-4499 J98 �:J±1 L0 'fiF' 9-25-98 Fax To' Lyle Oman,Bruce Vang, Steve Weckman City of Orono 473-0510 From: Mike and Lori Arne 125 Truffula Trail Orono, MN 449-8779 No. of pages including cover page' 3 Gentlemen_ We would like to inform you that we have still not heard from our builder, Roger Olson of RKO Builders. It is our understanding that your office has also not heard from him to date as we have not been notified of such_ This letter is to notify you that we have spoke to Mike Knote of Expert Construction (concrete contractor) and faxed him a copy of your letter for reviewal with the October 14th deadline for repairs. We have also faxed a copy to Brad at Northern Heating, however, he has not returned our phone calls. We will also be faxing or sending a certified letter to bon's Plumbing (septic installers) and Suburban Exteriors who did the caulking. We are sending with this fax a copy of the Sworn Construction Statement for our home with RKO's subcontractor's description and phone numbers. As you previously notified Roger to respond in writing by 9-16- 98, and he has not, it obviously is a concern of ours that this builder will ever return to this project and certainly does not intend on managing it. This has been pointed out to your office prior to closing and after closing. As any taxpayer does,we look toward the City to protect us from our home having any code violations before a certificate of occupancy is issued, Consequently, we are requesting your office to pursuade these individual contractors to immediately return.to the project in order to remedy these code violations. We assume that your office notified Roger Olson of RK.O Construction by certified mail of the various code violations in our home so that it can be verified that he received notification. If this is not the case, then it is even more critical that you immediately contact the individual contractors by phone, followed by a certified notification to them. If you are unsuccessful in getting Don's Plumbing to return to the project and rectify the situation, we believe your department should immediately notify the FCA in order to protect others. Please immediately notify us of any correspondence, either written or verbal, that you will have with any of the subcontractors, If you have any questions,please give us a call. PROSECT; MELoRt ARKS SWORN CONSTRUCTION STATEMENT JOB #; 125 1RUFFULA TRAIL OCTOBER 11 1991 SF: 2186,00 UMITS: 0.00 PREPARED V ROGER =====-=-==------=----=-=��=--=-==--_-----__-=-------=___--___--_--=--=_-_=---_____-__--------------------UNIT COST------------------ DESCRIPTION SUBCONTRACTOR-- --- - - - -PHONE RQY===------====4--------- ACTUAL- 01 BUILDING ITS CITY OfORDND ---__-.__4)3_ —]3 -11 ---_---_------------ ------ - ---------------------------------------- -------------' - -_ 01 SURVEY PIONEER ENGINEERING 783-1880 402,00 -------------------------------------------- ----------------------------------------------------------------------- 02 ARCHITECT A PLANS RKO BUILDERS 427-7983 700.00 ------------------------------------------- --------------------------------------------------------------------_-- 03 PERCOLATION TEST RKO BUILDERS 421-7983 50000 ------------------------------------------------------------ -_ ----------------------------------�---------------- �- 04 CLEAN UP A DUMP CHARGES RKO BUILDERS . 427-1983 1,150,00 --------------------------------- �--------------------�---------------------------------------- 05 EARTHWORK & SITE PREPARATION N.L. JOHNSON 470-6084 5,286.04 ---------------------------------------------------------------------------------------------------- 06 FOUNDATION DRAINAGE RKO BUILDERS 427-7983 630.00 --------------------------------------------------------------------------------------------------------- 07 SITE UTILITIES WELL TORGERSON WILL 477-6811 4,191.00 -------------------------------------------------- -- - ---------------------LL---------------------------- Q1 SITE UTILITIES SEPTIC Do's PLOMBIN6 1-370-537-3369 7,500.00 -------------------------------------------------------------------------------_- ---_--_--_--- 08 DRIVEWAY & BASE N.L, JOHNSON 418-6084 850.00 __�- --------------------- -------------------------------------------------------------------- --- 09 LANDSCAPING 0`00 ------------------------------------------------------------------------------------ _ -_______--------- ------------_----_-� 10 CONCRETE EXPERT CONSTRUCTION 442-9767 �l�l9q a 967,88 ------------------------------------------------------------------------------- -- ---� =- --------------- '------- 11 NATERPROOFINS SMITH BROS 434-2471 441.76 12 mPOURED CONCRETE WALLS EXPERT CONSTRUCTION97fi7 -------yY___ ------ 442y - +--- ---------------- 10,33-.OQ -- ------------------------------------------------------------------------------------------------------------------------------ 13 BRICK SAN TEMPESTA 434-7549 2,115.00 ----------------------------------------------------------------------------------------------- ------------------------------------ ROM CARPENTRY ---------------------------------------------------------------_-----------------------------,_-----------------------------------_- 14 MATERIAL INTERSTATE LUMBER 421-2340 22,145.00 --------------------------------------------------------------------------------------- 15 LABOR RCA BUILDERS 441-8836 11,999.01 ------------------------------------------------------------------------------------------------------------------------------------ 16 TRUSSES INTERSTATE LUMBER 421-2340 5,846.00 ----------------------------------------------------------------_--.._-_------_--____-_-_--__--------__-___ FINISH CARPENTRY -------------------------------------------------------_------------ ---------------___-� _ 11 MATERIALS TONKA BLDG SUPPLY 557-1278 6,011.07 --------------------------------------------------------------------------------------------------------------------------------- 17 LABOR RAK CONSTRUCTION 784`1611 3,945.00 EXTERIOR CARPENTRY -----------------------------------------------------------------------------------------------------------------------_-------__--- 18 MATERIALS INTERSTATE LOADER 421-2340 12,475.00 -------------------------------------------- 18 LABOR RCA BUILDERS 441-8836 6,268.75 PROJECT: MIKE I LORI ARNE SWORN CONSTRUCTION STATEMENT JOB t; 125 TRUFFOLA TRAIL OCTOBER 17 1991 Sh 2186.00 UMiTS: 0,00 PREPARED BY ROGER ---=======-----====------- --=-=---------------------W----===----_ _----------------------------------- -UNIT COST------------------ DESCRIPTION SUBCONTRACTOR PHONE N0. ACTUAL -==-=----------------=----=====--=---------==-=====--==-------===-�-_-���_____:_____::=_____-------=-----_=-=_-5,951.00 ------------ - -` v ANS CABINETS 571-2934 19 CABINETS DAN'S 19 TOPS LOREN JOHNSON 422-9444 1,306.00 -------------------------------------------------------------------------.------------------- 20 ROOFING MATERIALS INTERSTATE LUMBER 421-2340 2,580.00 _-----------------------------------------,-------------------------------------------------------- 20 ROOFING Loo SNOOK COIISTRUCTION� o 323-1436 1,850.00 --------------------------------------------------------------------- _----------------------- 21 INSULATION KOENIG INSULATION 421-2340 3,915,88 ----------------------------------------------------------------------------__-------------------------------------_•__ 22 GARAGE DOORS RKO BUILDERS Cus�„�. nor, .t 427-7983 2,104.93 ------------------------------------------------------------------------------&---------.----------------------------------------- 23 DOOpS INTERSTATE LUMBER 421-2340 2,131.00 --------------------------------------_-------------------------------------------------_ 23 DOORS• TONKA RLDG SUPPLY 557-1278 4,422.00 ---- --------------------- ---- --------------------------------------------- -------------------------T T 24 WINDOWSMINDOR CORP 1-800-456-4692 12,839.24 ------------------------------------------------------------------------------------------------------------ - 24 WINDOWS TaNKA BLDG SUPPLY 557-1278 Z/372.QQ ------------------------------------_--------------------------------------------------------- 25 DRYWALL MATERIAL DRYWALL SUPPLY 428-1182 2,957.07 - - -------------------------------------_------------------------------------------------------------------------- 25 DRYWALL LABOR KD ENTERPRISES 434-3021 6,708.00 ------------------------------------------------------------------------------------------------------ 26 CERAMIC TILE TRENDS IN TILE 753-0579 5,375.00 -----------------------------------------------------------------------------------------------------------------_------------------- 27 PAINTING ,TERRY SLEPICA 780-261$ 1,000,00 --------- ----------------------------------------------_---------------_ -----_-- ------------- 28 BATH ACESSoRIES I HOUSE NO'S RKO BUILDERS 427-7983 762.00 ----------------------------------------------------------------------------------------------------------------------------------- 28 APPLIANCES0,00 ------------------------------------------------------------------------------------------------------------------------------------ 29 FLOORING VINYL CARPET DESIGN 571-3338 1 72.00 --------------------------------------------------------------------------------- -- ------------ - - 29 FLOORIN6 WaoD CARPET DESIGN 5713338 5,310.00 29 CARPET Y CARPET DESIGN 511-3338 5,019.00 30 METAL FIREPLACES 0.00 --------------------- - 31 PLUMBING PLUMB MANIA 444-5958 13,254.67 ----------------------------------------------------------------------T------------------------------------------------------------ 32 HEATING ` r. � — NORTHERN HEATING fj ll:,c' , 427-4970 ';Z. 3 8,060.00 ----------_------------------------------------------------------------------------------------------------------------------------- 33 ELECTRICAL SECURITY,SOUND d VACUUM CUSTOM BUILDERS SERVICE 378-1089 7,Y 17 5- 4,108.71 -------------------------------------------------------------_-- 33 ELECTRICAL ELITE ELECTRIC 753-1749 5,856,00 --------------------------------------------------------------------------_---------------------------------------------------------- 33 LIGHT FIXTURES 0.00 --------------------------------------------------------------_--------------------------------------------------------------_.._---__ TOTALS 714,961.64 September 11, 1998 Fax to: Lyle Oman City of Orono From: Mike and Lori Arne 125 Trudula Trail aay-8779 Steve Weckman was at our property today and indicated that the letter would be ready today, addressed to our builder regarding the issues at our home. We still contend that the mound"cm was not originally built according to design in tbree Wparate categories,of which we have been notified by designers are all necessary to be rectified. If there is any disagreement at your office with our required expectations,we request a scheduled meeting be set up with City Officials,designers, ourselves.and possibly the builder. Howcver,we do request the letter to the builder to be sent out today requesting action from the builder within a specified time period without closing(in writing)any issues that could be in disagreement. Plow fax us a copy of the letter that has been sent out- Thank you,once again,Lyle,for your concern in this matter, w� cc: Steve Weckman i SF'p1e1 bet S. 1'08 i Mr. Ltic C nuln CITY OF ORONO i (vim fail i Dear Mr (-tuna We have recowed a draft cop!ojt.our Iclter to RKO Homelhuildcr5 Int: �'ia la\ The Iollouing is a list Of oM CQ110IMcd expectations and requimmenis ttlat the do not Sec in your letter•. *t:'icase ►ndr(;atc that the lbundai,ton for the front 4,Aoop is c:ttrrc.ntli Cracked 111 hyo p1,1C4's and needs ro be rrpuirctl at the time of stool.)replacemt:nt Attachcd ic,!an addilioiml letter Irani Mir structural m1priccr rct;ardin.e. INS. Along liith MiCks in the mortar Ihat �%ill need to he taken c=are of "We be.hev e that it Is nccc%san �o p(K)r .1 fo otiny, for an addiltonal step%lith sloop in order ks meet 9" rise requirements alonE,L ith ,rad*: regt►trcnlcros *'Thc lack of seal Mov, the thle:j hold of ccr,,ice duors and front door ttias not ttletltititicLi Iti )liar Icltcr, hilt should also h%talon e=arl of Ln the b.uldee. "4o per Our X-JR-98 lcttct. uc ttlaintain that thc mound st'stcnl Should lx built :ICCOrtittlg,to the kicsigm on record You haSc included the fact that!the.cti -c nei.d5 k,I?-- added tp We ccnalllly ;IprQc th,1t lhc; s;Ind un the ckm tislo[v dike needs to 1x: t;xlended to Incet lhrlorhtion rCtluiremcnis IIONNCNet. hlcasc notc that the dcsignir tot design on rCCord) has indicated that the Inound height was Over one. foot too hiZ;h We r.xi.xel ibis slo1m'error to tx enrrectcd h.s IcmoNaI of same of clic vertical material rather than enlarging, the eke 6vwitcl ttih:lt ihc. cii ig}.mal dc!.)gn mcimm-mems called fot it has ;tlscr lxcn noted that tile.designer Indicates that the rock leo is title feet shoe chis should he coricctrd when the mmrrial hos txcn removed from the top ofthc mQu11d systcm, I plcaac Y.Qs . the utxvc mcntiolrcd ttcmv, and --owoder including thcrn in the Icltcr to RKO Hoincbuildeis so that tSc don't haNc sm 3inbigtiih' taking plat=e A.s fou haw prcS'itlush' itldicml d, 1)1ci15c rcqucsl the builder to take swoon in a specified tinic period ulx►n N%hcn the repairs bill be complete as dainagtC is Oc't:ttrrlttiq to Our propem. along ltiiih possible Iufthcr damag,c Ici the mound SlStem. :t5 time gems on. Please notity us in wrilang as Id what the C'Ws little frame mill tx,: in order for the builder (i) make th,,Sc repairs bx'fcirc citations wit) he issued along with a final coot of the Icltcr to the guilder i Sin Yrcb, Mike and Lori Arne i I i I I I I i o � o CITY of ORONO ti Municipal Offices Street Address: Mailing Address: �` Egg04� 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 January 22 1998 Mike Arne 125 Truffula Trail Orono MN 55356 Re: Roof Leak Dear Mike, On this date you requested the City of Orono to investigate a roof leak on your home. Bruce Vang and myself visited the site and looked at the interior and exterior of the home. We feel the leak was caused by a problem with the construction of the roof and flashings. The area of the problem requires special attention due to the design of the roof which directs water from large roof areas to areas that require the water to go around corners. On these corners are 2 inch thick corner trim pieces that are tight against the roof. It appears that as the water is attempting to make these corners it is being held up by the corner trim. In the winter snow melting on the roof runs to the corners and also gets held up and causes small ice dams as it refreezes. The volumes of water in the summer and the ice backing up in the winter is jumping the flashing and causing the leaks. We feel that these corner trim boards should be trimmed up to provide at least an inch of clearance to allow the water to run through. At this time the flashing should be investigated in these corners to make sure they were installed properly. In some cases a one piece corner flashing may be appropriate to prevent ice backup in these difficult locations. It is the cities position that the builder is responsible for the work required to remedy this problem. Bruce and myself would be happy to meet on site to discuss the repair. If you have any further questions or if we can be of further assistance please feel free to contact me at my office. Sincerely Lyle Oman, Building Official cc: Bruce Vang Telephone (612) 473-7357 • FAX 473-0510 February 13, 1998 RrCE%V r D fEB 1 71� City of Orono Attn: Lyle Oman/Bruce Vang C��Y ` P.O.Box 66 Crystal Bay,MN 55323-0066 Re: 125 Truffula Trail,Orono,MN Dear Lyle and Bruce: Enclosed is a copy of a letter written to our builder,Roger Olson of RKO HomeBuilders,Inc.,along with copies of estimates and recommendations from roofing contractors. We are requesting your assistance in requiring the builder to satisfactorily remedy these situations,especially regarding the plumbing and roofing leaks. It is our belief that Allstar Construction's letter of recommendation would be the appropriate remedy to the situation and would appreciate your input and overseeing of any repairs by the builder. Thank you for your time. Sinceerrjeely, /lF �' C�Z7,��.__ Mike and Lon Arne 449-8779 01 0 CITYof ORONO Municipal Offices Street Address: Mailing Address: ` tEggOg' 2750 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 June 2, 1998 r Roger Olson RKO Builders 3134 130th Avenue N.W. Coon Rapids, Minnesota 55448 Re: 125 Truffula Trail Dear Roger: The Ames asked me to write to you regarding problems they are still experiencing with their new home. They are as follows: 1) Plumbing and heating noises. 2) Leaking windows under certain rain conditions 3) Roofing problems in the porch connection to the house and its valleys and flashings. 4) Cosmetic crack in front stoop. As we have discussed, these are not code violations and the City has no enforcement power associated to them. I do feel,however,that a responsible builder would take care of these items for their customers. If you have any questions or if I can assist you in anyway,please feel free to contact me at my office. Sincerely, Lyle Oman Building Official LO/ch cc: Mike& Lori Arne Telephone (612) 473-7357 • FAX 4734510 03 CITY of ORONO AN Municipal Offices Street Address: Mailing Address: ' CEggOg' 2150 Kelley Parkway P.O. Box 66 Orono, MN 55356 Crystal Bay, MN 55323-0066 Mr. and Mrs. Mike Arne 125 Truffala trail Orono Mn. Re; Roof repair Dear Mr. and Mrs. Arne, I have reviewed the proposals from 3 roofing contractors regarding the repair of your roof. I agree with these contractors on the method of repair required. Basically what needs to be done is to provide one piece pans in the valley areas that extend up the walls and underlay the area with an ice and water type product,,We would be glad to come to the site and discuss this with the contractor before work begins and would like to inspect the work on completion. If you have any question please feel free to call me. Sincerely, 4 U Lyle Oman Building Official Telephone (612) 473-7357 • FAX 473-0510 _wr t •,,v. +• ",�„'V�R'�.'..-.-w,"',,.�.,,....'�""i' <,.. __ .�, ri4s!”�y „xit'i' ;',3'^;F':,:r;^P:..re'Wtiv''';'t,?-'.iy�y�;:�:';�a "t .""'_ _ - _ r PROPOSAL ALLSTAR CONSTRUCTION INC. Proposal No. (612) 721-7663 Sheet No. (612) 644-7663 (612) 593-5325 FAX (612) 535-7500 3315 North Highway 100 Date Minneapolis, MN 55422 Licensed • Bonded • Insured PROPOSAL SUBMITTED TO PHONE DATE S REET JOB NAME CITY,STATE and ZIP CODE JOB LOCATION 0ow,w /-0 �S3 56- ESTIMATOR DATE OF PLANS We hereby propose to furnish the materials and perform the labor necessary for the completion of V J / •. �JS�/a f� /C.,c � 1..��,l..e/' LjA r r� < /` f�t r✓+..� ��,i.� �`�,p�o!" i�r L4 L'uS-k>rk �jBi.k�+ soId.ef Z QaI✓.a,��'t-ill �Ao�d/tS, © Livr1�r l ,Utc..J (Js•llt7 @ u�/o..r Sid/„r ,a�.la � �+/�Prvx . /a -F� Z"�51�1/ e�rf �J/ 5��� Q/' NCcJ ��v✓.rJ.rd 6 , r. All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantiai workrnaniike manner for the surn of Dollars ($ j. With payments to be made as follows: "A charge of 1.5 percent per month will be imposed on any balance not paid when due//f Any alteration or deviation from above specifications involving Respectfully submitted P extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate.All agree- Per ments contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insur- ance upon above work. Workmen's Compensation and Public Note—This proposal may be withdrawn Liability Insurance on above work to be taken out by II,_ cC40 by us if not accepted within days ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as speci- fied. Payment will be made as outlined above. Date Signature "NOTICE TO OWNERS ON BACK SIDE" AC-too bt , ! :..!arF,...ys.+�' ... ....`...,. ... .... i ... .. T.{.-Lv 1!@:rG1 �l�r+�.�t....�.�it, 4}t, 'Ir �.P✓x�A.l' ..Ma nivSt.a.'.:ro'nfnW. , ,a ..•i . .•'.t F.M a ._r�.. .tir 1F. , dages 7 �- r oposal Stare License # 0003999 Minneapolis License #: 3821 EIGINTI-WAY Might-Way Rooting, Inc. it - I All Ae �I Favr;iF;tir ,. t.:r. „3,]�i ,,� J�'.:N. ' )t.. ... ,- .�;, .. - - � .. ... .� .'�� �.-. i •� � -� "�_ ,,:. i ,tea P ' r l... I it i r n ° .li v 15 t AL- i 0_j ACCEPTANCE OF PROPC'SA.,. , 1 a.:F;�)1e-;ct rC'u .'t. 1 �` � _ � i1 .. r , - 1 '• � � --� !.�'� �I Date of Acs;eptance .-