08-798Council Fi1e # QX�-7g�
Green Sheet# 3056471
RESOLUTfON
CITY OF SAINT PAl7L, MINNESOTA
Presented by
�
1 BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative
2 hearing record and testimony heard at public hearing on July 2, 2008 hereby memorializes its decision to
3 certify and approve the June 17, 2008 decision of the Legislatave Hearing Officer for the following
4 address:
6 ADDRESS
7
8 823 Hardenbergh Place Apt. 2
9
10 Decision: Appeal denied.
APELLANT
Gerald Michalec
Requested by Department of:
Adoption Certified by Council Secretary
By: �
Approve y i. Data � J
By:
Sy:
Form Approved by Ciry Attomey
By:
Form Approved by Mayor for Submission to Council
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Adopted by Council: Date '%��� �p�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheef Green Sheet���
s ; DepartmenUOfflce/counGi� Date initiate d: —�—��
�� � CO -Countil � 07-JUL-OS ; Green Sheet NO. 3056471
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Contact Person $ Phone: ; � � DeDertment Sent To Person __ InitiaVDate ,
� � 0 �Coanc� . �
Marcia Moermond ;
- � 6-8570 �' ' :
� Assign � 1 tbunal ! Dpparhnent Dirxmx
' Must Be on Council Agenda by (Dat¢): � Number � C;h• Cierk Citv Cler '
For
Doc.7ype: RESOLUTION
! E-Document Required: Y
�; Document Gontact: Mai Vang
, Contact Phone: 68563
Routing
Order
Total # of Signature Pages _(Clip All Locations for Signature)
� ..,..�..�� �.�
j Kesotution memoriaLizing Ciry Council action taken July 2, Z008 denying the appeal for property at 823 Hardenbergh Place #2, per
'� the recommendation of the Legislative Hearing Officer.
idaiions: Approve (A) or rc
Planning Commission
CIB Committee
Civil Service Commission
1 Has this persoNfirm ever worfcetl under a contract for this department?
Yes No
2. Has thts persoNhrm ever been a ciry employee?
Yes No
3. Does this personlfirm possess a skill not normalfy possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Probiem, fssues, Opportunity (VJho, What, When, Where, Why):
AdvantagesifApproved:
Disadvantages If Approved:
I Disadvantages If Not Approved:
Transaction:
Funding Source:
Financia4 Information:
(Explain)
July 7, 2008 2:28 PM
CosVRevenue Butlgeted:
Activity Number:
Page 1
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June 11, 2008
Gerald Michalec
823 Hardenbergh Piace Apt. Z
Saint Paul, MN 55117
CITY OF SAINT PAUL
CITY CLERK'S OFFICE
RE: 823 Hardenbergh Place Apt. 2
Dear Mr. Michalec:
Your application for an appeal has been received and processed.
�►` �
Pfease attend the public hearing before ihe Legisfative Hearing Officer on Tuesday, June 17,
2008 at 11:30 a.m. in Room 330 City Hali and Courthouse to consider your appeal concerning
the above referenced property. At that time the Legislative Hearing Officer wilf hear afl parties
relative to this action. The hearing officer has said that you may stay in your home until the
hearing on Tuesday.
Failure to appear at the hearing may result in denial of your appeal.
Si
�
Shari Moore
City Clerk
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cc: Mike Urmann, DSi (Fire)
Phi{ Owens, DSI (Fire)
Leanna Shaff, DSI (Fire)
Marcia Moermond, Legislative Hearing Officer
Jerry Hendrickson, Deputy City Attorney
Chad Ekstrom, Owner
LS WEST KELLOGG BOULEVARD, SUTTE 3A0 SAINT PAUI, MINIVESOTA551U2
AA-ADA-EBO Empioyer
Tel: b51-2668688 Fax: 651-2bb&574 wwwstpaul.gov
APPLICATION FOR APPEAL
Saint Paui City Clerk
I S W. Kellogg Blvd., 290 City Hall
Saint Paul, Minnesota 55102
Telephone:(651)266-8688
being Appealed: � 2. Number of Dwelling Units:
4. Name of Owner:
Phone Numbers: Business
Appellant 1 Applicant (if o her than owne
Address:� t�"
Phone Numbers: Business '—`�`�
0
City: State:
Residence
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3. Date of I.etter
Cellulaz
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� G.�� State: _L�_Zip: - l j �
Residence
Cellular
6 State specifically what is being appealed and why (Use an attachment if necessazy}:
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`� .jo� ba.v�- r�,r�� c�,UeS �°ons c�o�. cwti c.a. �-.arr� ('Ir� on�}' ��LS 51 5�63,
NOTE: A$25.00 fiiing fee made payable to ��e City of Saint Paul must accompany this apglication as a
necessary condition for filing. You must attach a copy of the original orders and any other correspondence relative
to this appeal. Any person unsatisfied by the fina3 decision of the City Council may obtain judicial review by
timely filing of an action as provided hy law in District Court.
Date Received:
Fee
Date of Hearing:
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DEPARTMENT OF SAFETY AND INSPECTIONS
Fire Inspection Division d � 7 n�
Robert Kesster, Direcior �"(
CTTY OF SAINT PAUL
Christopher B. Coteman. Mayor
June 9, 2d08
CHAD EKSTROM
11705 EMERY VILLAGE DRIVE
CHAMPLIN M13 55316
RE: 823 HARDENBERGH PLACE
Re£ # 104992
Dear Property Representative:
Your build'ang was inspected on June 9, 2008.
IOOEastll'"Srreet Telephone�657-228-6230
Samt Pau1, IvnJ SSI01
The building was found to be unsafe, unfit for human habitation, a public nuisance, a hazard to the public
welfue or otherwise dangerous to human life. A Condemnation Piacard has been posted on the building.
The following deficiency list must be completed immediately ar the building vacated.
CONAEMNATION OF THE BUILDING REVOKES THE FIRE CERTIFICATE OF OCCUPANCY.
Failure to complete the corrections may result in a criminal citation. T'he Saint Paul Legislative Code requires
that no building be occupied without a Fire Certificate of Occupancy.
DBFICTBNCY LIST
Unit 2 ONLY - SPLC 34.23, MSFC 110.1 - This occupancy is condemned as unfit for human habitation.
This occupancy must not be used until re-inspected and approved by this office.-Xcei reported services
were interrupted. Immediately restore gas and/or electricity.
2. SPLC 34.14 {2) c- Provide or replace the dupiex convenience outlet with ground fauit protection within
3 feet of the basin on an adjacent wall in all bathrooms. This work may require a permit(s). Call DSI at
(651) 266-9090.-Provide weather cover over outdoor GFCI outlet on porch area.
3.
0
SPLC 45.03 (6) - Cut and maintain the grass/weeds less than 8 inches ta11.
SPLC 34.08 (1), 34.31 (i )- All exterior properiy azeas sha11 be maintained free from any accumulation
of refuse, gazbage or feces.
5. SPLC 34.11 (6), 3434 (3) - Provide service of heating facility by a licensed contractor which must
include a cazbon monoxide test. Submit a completed copy of the Saint Paul Fire Marshal's Existing Fuel
Burning Equipment Safety Test Report to this office.
6. SPLC 39A2(c) - Complete and sign the provided smoke detector affidavit and return it to this office.
o� �7�
You have the right to appeal these orders to the Legislative Hearing Officer. Applications for appeals may be
obtained at the City Clerks Office, Room 310, (651-266-8688), and must be filed within 10 days of the date of
the original orders.
If you have any questions, you may contact me at 651-228-6245.
Sincerely,
Jackie Girling
Fire Inspector
Ref. # 104992
cc: Force Unit
cc: District Council
� 1��
June 17, 2008 Legislarive Hearing Minutes Page 8
4. Appeal of Gerald Michalec to a Certificate of Occupancy Revocation, which includes
Condemnation, for property at 823 HardenberQh Place #2.
The appellant did not appear.
Ms. Shaff stated that Inspector Girling inspected the property on a referral from Xcel Energy that
the power had been turned off. She inspected the property and found that the power was indeed
turned of£ According to the appeal that was filed, Mr. Michalec indicated that he was worldng with
Larry Moloney of SMRI,5 on obtaining funds to pay the outstanding bill. She had called Mr.
Moloney who indicated to her that he didn't know anything about this situation and he referred her
to Ken Gilchrist in his office. She had talked to Mr. Gilchrist on June 16 and he indicated that he
would get back to her on the matter. She had not heard back from him prior to the hearing and the
power srill had not been turned back on.
Ms. Moermond recommended denying the appeal with an immediate vacate date.