09-465Council File #�
Green Sheet # 3069666
CITY
Presented by
RESOLUTION
SAINT PAUL, MINN�SOTA
�7
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 April 15, 2009 hereby memorializes its decision to
3 certify and approve the March 24, 2009 decision of the Legislative Hearing Officer for the following
4 address:
6 ADDRESS
7
8 896 Arkwrieht Street
10
11 Decision: Grant the appeal.
Yeas Nays Absent
Carter �
Bosfrom �/
Harris ,/
Helgen ,/
Lantry ,/
Stark r /
Thune ,/
� �
Adopted by Council: Date �� 'rGI
Adoption Certified by Coun il Secret
sy:
Approve b a . ate `
$ �.
APELLANT
Tracy Nelson
o/b/o Cybil Koenig
Requested by Department of:
�
Form Appraved by City Attomey
�
Form Approved by Mayor for Submission to Council
By:
� Green Sheet Green Sheet
Green Sheet Green Sheet Green Sheet Green Sheet
n� _ i �i„r
��
DepartmenUOfficelCouncil: Date Initiated: V � �� � �
co_�°°�C�� 17-APR-fl9 Green Sheet NO: 3Q69666
Contact Person 8 Phone: Department Sent To Person InitiallDate
Marcia Moermond o oonat 0
6-8570 1 anci! De artmentDirecmr
A55ign Z ' Clerk 6 Clerk
Must Be on Council Agenda by (Date): Number 3 �
For 4 �
Routing
Doc.Type:RESOLUTION Order 5 �
E-Document Required: Y
DocumeM CoMacl: Mai Vang
Conqct Phone: 6-8563
Total # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Resolution memorializing City Council action taken April 15, 2009 granting the appeal for property at 896 Arkwright Street, per the
recommendation of the Legislative Hearing Officer.
Recommendations: Approve (A) or Reject (R)� Personal Service Contrects Must Answer the Following Questions:
Planning Commission �. Has this person�firm ever worked under a contract forthis depadment?
CIB Committee Yes No
Civil Service Commission 2. Has lhis person/irm ever been a ciry employee?
Yes No
3. Does this person/firm possess a skill not normally possessed by any
currenl ciry employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
AdvanWgeslfApproved:
Disadvantages If Approved:
Disadvantages If Not Approved:
Total Amount of
Transaction: CosVRevenue Budgeted:
Funding Source- Activity Number:
Financial Infortnation:
(Explain)
April 17, 2009 2:55 PM Page 1
6 GtTt p_
4
'A CITY OF SAINT PAUL �y��-IL�S
�,� ;;������ ,
� CITY CLERK'S OFFICE
March 20, 2009
Tracy Nelson
600 Cty Rd B2 E
Little Canada, MN 55117
RE: 896 Arkwright Street
Dear Ms. Nelson:
Your application for an appeal has been received and processed.
Please attend the public hearing before the Legislative Hearing Officer on Tuesday, March
24, 2009 at 1:30 p.m. in Room 330 City Hall and Courthouse to consider your appeal
concerning the above referenced property. At that time the Legislative Hearing Officerwill hear
all parties relative to this action. Failure to appear at the hearing may result in denial of your
appeal.
Sincerely,
V ����� � e�
Shari Moore ��'
City Clerk
cc:
Leanna Shaff, DSI (Fire)
Phil Owens, DSI (Fire)
Marcia Moermond, Legislative Hearing Officer
Jerry Hendrickson, Deputy City Attorney
Cybil Koenig, Owner
15 4VEST KELLOGG BOULEVARD, SUITE 310 SAINT PAUi, MINNESOTA55102 Tel: 651-2668688 Fac: 651-2668574 wwwstpaul.gov
An Affirtnative Action Equal OpporNmry Employer
Reai Estate
PARKWAY
651J330-7777
March 18, 2009
by - �-f� 5'
RE: Appficaiion fee to Appeal condemnation of 89fi Arkwright St, St Paui , Mn 55130
To whom it may concern;
iVe aze rec}uesting the application fee to appeal be waived due to ea�treme financial hardship of
the owner of this property. The owner is a single mother of three whom is in the process of a
short sale for the sale of this properiy, which is currently in foreclosure. Thank you for your time
and attention to this request
Cited from chapter 18, City of St Paul ; CODE OF ORDINENCES
Sec. 18.02. Aearing petition, filiag, fee, notice.
Any property owner affected by any order cvhich has been issued in connecYion wiYh the enforcement of a
health, hovsing, building or fire code, or �y ntle or reguIation adopted pursaant thereto, or any newsrack
owner affected by any decision made pursuant to secrion 131.70(B) of the St. Paul Legislative Code, may
request and shall be granted a hearing before the legislarive hearing officer on all matters set forth in such
notice; provided, that such property or newsrack owner stiall first file with the legislative lieariug officer a
written petitioa requesting such hearmg and settiag forth a brief statement of gotimds ffierefor withia ten
(l�) days after the date the origival notice of code violauons, or within ten (IO} days after the date on wkich
norice of the newstack decision imder section 131.70(S), was issued
The filmg fee for such perifion shall be riventy-five doliazs ($25.00) except that where there is Financial
hardship, the hearing o�cer may waive this filing fee subject Yo the appmval ofthe city council.
3incereIy
Tracy Nelson
Property Re�reseatative
Bmker, Real Estate Parkway
651/330-7'777
Cybill Koenig
Property Owner
1978 Upper Afton Rd
St Paul, Mn 55219
/
�-�
' �
Reai Estate
PAItKWAY b 1 ���
651/330-7777
Mazch 18, 2009
RE: Appeai of condemnation for 896 Arkwrigtit St., St PauI , Mn 55130
To whom it may concem;
We are requesting an appeal to the decision to condemn 896 Arkwright St, St Paul Mn SS 130 due
to our circumstances of selling ffie properly and the owners willingness to rectify this situatioa.
The seller contacted the fire inspector on Mazch 12, 2009 regazding the receipt of the
condemnation notification letter dated March 10, 2009. The owner had explained that she had
tumed off the water due to a break in and that she could have the water turned back on. It was
suggested to her that she could not do that and that she would have to deal with the vacant
housing deparhnent now if she had any questions. The fire inspector did direct us where we could
file this appeal. According to the condemnatioa sign posted on the properry the owner and
properiy representative have a 10 day right to appeal this decision so we would like to exercise
that right. We wanted to explain the circumstances and that this property has not been abandon
and has actively beiag monitored by fhe owner and our agency since October 200$ when it was
listed for sale. This home is in foreclosure, but the seller has maintained the properiy insurance
monthly while we are waiting to alose on our current purchase agreement dated SauEiuy 16, 2009.
We ha�e been diligenfly working with the bank to get this properiy closed but it has taken longer
than expected due to the requirements of #he bank.
The se2ler had tmned off the water to the pmperty for the properties best interest due to a broken
water pipe after a hreak in. We had r�secured tfie properry in lue of closing the property. Our
original closing date was February 27, 2009 wluch has been moved to May 1�` 2009 or sooner due
to addiflonal baak requirements. The items sited for this condemnation are minimal and a11 items
that have been sited are there or in working order all ttte owner would aeed to do is tum the water
back on. We request that due to the circumstances surrounding our situation that the
condemnation £or 896 Arkwright St be removed as well as the property not added to the vacant
housing list far St Paul. Thank you for your time and attention to this request.
Sincerely,
Tracy Nelson ��
Properry Representative
Broker, Real Estate Parkway
651l330-7777
Cybill Koenig �,�
Properiy Owner
1978 Ugper Afton Rd
St Paul, Nfn 55119
Real Estate Parkwav Little Cattada Mn 55117 O$'ice 651/33U-7777 FaY 651l337-4157 www.reoarkwav.com
DEPARTMENT OF SAFETY AND INSPECTIONS
Fice Inspecrion Division
Roben Kersler, Director
Dy���
CITY OF SAIN'f PAUL
Cl+ristopher B. Calemaa, Mayar
March 10, 2009
375 Jackson Street. Svite 220 Telephone: 651-26�9090
Saint Paul, MN Si707-1806
CYBILL A KOENIG
1478 UPPER AFTON RD E
ST PAIJL MN 55119-4916
896 ARKWRIGHT ST
Ref. # ? ? 3424
Dear Property Representative:
Your building was inspected on March 10, 2009.
The building was found to be unsafe, unfit for human habitafion, a public nuisance, a hazard to the public
welfare or otherwise dangerous to human life. A Condemnation Placard has been posted on tke building.
The following deficiency list must be completed immediately or the building vacated.
CONDEMNATION OF TI� BUII.DING REVOKES THE F1RE CERTIFICATE OF OCCUPANCY.
Failure to complete the corrections may result in a criminal citation. The Saint Paul Legislative Code requizes
that no building be occupied witttout a Fire Certificate of Occupancy.
DEFICIENCY LIST
SPLC 34.23, MSFC 110.1 - This occupancy is condemned as unsafe or dangerous. This occupancy
must not be used until re-inspected and approved by this oft'ice. No water service
2. SPLC 34.11(4), 3434(1} SPC 4715.0200A - Provide an adequate water supply to all water closets,
sinks, showers and tubs.
3. SPLC 34.11 (6}, 34.34 (3) - Provide service of heating facility by a licensed contractor which must
include a carbon mono�de test. Submit a completed copy of the Sain# Paul Fire Marshal's Existing Fuel
Btiiuing Equipment Safety Test Report to this office.
4. SPLC 39A2(c) - Complete and sign the provided smoke detector affidavit and return it to this office.
You have the right to appeal these orders fo the Legislarive Hearing Officer. Applications for appeals may be
obtained at the City Cierks Office, Room 310, {651-266-8688}, and must be filed within 10 days of the date of
the original orders.
If you haue any questions, you may contact me at 651-266-8983.
Sincerely,
James Thomas
Fire Inspectar
Ref. # 113424
cc: Force Uni#
D`1 ����
cc: District Council
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March 24, 2009 Legislative Hearing � `I ^��- Page 9
�.� l,E'
Appeal of Tracy Nelson, on behalf of Cybill Koenig, to a Certificate of Occupancy
Revocation, which includes Condemnation, for property at 896 Arkwri t Street.
Tracy Nelson, Real Estate Parkway, appeared on behalf of Cybill Koenig, the property owner. Ms.
Nelson stated that Ms. Koenig was a single mother of three who had listed the property for sale with
her as the bank had b �°un foreclosure proceedings. She said the sheriff sale had occurred in
December, 2008.
Leanna Shaff, Supervisor Inspector, DSI — Fire Prevention, stated that this was a referral on
February 4, 2009 from St. Paul Regional Water Services (SPRWS) that the water had been shut off
at the property on January 19, 2009. According to SPRWS, the owner had requested the water shut
off and as of today's hearing, the water had not been restared; however, the bill was current.
Ms. Nelson stated she had a signed purchase agreement dated January 16, 2009 which had been
accepted and the closing was scheduled far February 27, 2009. The bank then imposed additional
requirements and the closing was postponed to May 1 or sooner, whenever the bank's requirements
were satisfied. Ms. Koenig had moved her family out of the house last October and believed that in
January, a neighbar kid kicked in the side door leaving the house open and a pipe in the basement
froze and burst. Ms. Koenig called to have the water turned off to prevent further water damage
and had not yet repaired the broken pipe. She said that the property has since had an appraisal and
the buyer is still interested in purchasing the property. She was afraid that if the building remained
condemned and was in the Vacant Building Program that the buyer would back out. She said that
Ms. Koenig's father was a retired plumber and could fix the pipe so that the water could be restored.
Ms. Moermond stated that the building meets the definition of a vacant building due to the water
shut off. Ms. Nelson stated that she wanted to avoid having to pay the vacant building fee or having
a code compliance inspection done on the property.
Ms. Moermond stated that she would continue the hearing to April 14 for the pipe to be repaired
and the water to be restored. If the conditions were met, a hearing may not be required and she
would recommend lifting the condemnation and keeping the building off the vacant building list. If
the conditions were not met, she recommended denying the appeal and waiving the vacant building
fee for 90 days in order to bring the property into compliance.