08-202Council File # 0�' ���
Green Sheet#,j0 j03�1a
Presented by
BE IT RESOLVED, that the Council of the City of Saint Paul, based on a review of the legislative
hearing record and testimony heard at public hearing on February 20, 2008 hereby memarializes its
decision to certify and approve the February 5, 2008 decision of the Legislative Hearing Officer for the
following address:
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ADDRESS
378 Maria Avenue
APELLANT
Lou Sudheimer, on behalf of Maria Flats
Condo Association
Decision: Appeal denied and granting an extension to February 15, 2008.
Carter
Bostrom
Hanis
Helgen
Stark
Thune
Adopted by Council: Date
RESOLUTION
CtTY OF SAINT PAUL, MWNESOTA
Yeas Nays Absent Requested by Departme�t of:
✓
✓
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Adoption Certified by Council Secretary
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Approved ' Date ` %/ b
By:
Form Approved by City Attorney
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Form Approved by Mayor for Submission to Council
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Contact Person 8 Phone:
Marcia Moermond
6-8570
on
,I Doa Type: RESOWTION
� E-Document Required: Y
'� Document Contact: Mai Vang
i Contact Phone: 6-8563
�_F�-o$ � I Green Sheet NO: 3050336
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U ouncil
Assign 1 ouncii De ar[ment Director
Number z i Cierk C7 Clerk
For
Routing 3
Order 4
5
Total # of Signature Pages _(Clip AII Locations for Signatur¢)
Resolution memorializing City Counci] action taken February 2Q 2008 denying the appea] and granting an ex[ension to February 15,
2008 tor property at 378 Mana Avenue, per the recommenda[ion of the Legisla[ive Hearing Officer.
itlaLOns. Approve (A) or Fi
Planning Commission
CIB Committee
Civil Service Commission
7 Has this pereon/firm ever worked under a contract for ihis department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does Uis persoNfirm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
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� Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
I 'i r Ativantages if Approved:
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� Disadvantages If Approved:
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� �isadvantages If Not Approved:
i Total Amount of
' 7rensaction:
Funding Source:
, Financiallnformation:
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February 22, 2008 9:34 AM
Cost/Revenue Budgeted:
Activity Number.
Page 1
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February 1, 2008
Lou Sudheimer
Maria Flats Condo Ass'n
378 Maria Ave.
St. Paul, MN 55106
RE: appeal for 378 Maria Ave.
Dear Mr. Sudheimer:
CITY OF SAINT PAUL
CITY CLERK'S OFFICE
Your application for an appeal has been received and processed.
OS-�Oa-
Please attend the public hearing before the Legislative Hearing Officer on 7uesday, February
5, 2008 at 11:00 a.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 re{ative to this action.
Failure to appear at the hearing may result in denial of your appeal.
Sincerely,
���21v� ����
Shari Moore ��-{—
Gity Glerk
cc.
Dick Lippert, DSI Manager
John Betz, DSI Code Enforcement
Marcia Moermond, Legislative Hearing Officer
IS WEST KELLOGG ROULEVARD, SUITE 310 SAINTPAlJ1, MINNESOTA55102 Tel: 651-266-8688 Fax:651-2668574
www.stpavl.gov
AA-ADA-�EO Employer
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APPLICATION FOR APPE.AL
Saint Paul City Clerk
15 W. Kellogg Blvd., 310 City Hall
Saint Paul, Minnesota 5� 102
Telephone:(651)266-8688
9dress of Property being Appealed: 2. Number of Dwelling Units: 3. Date of L,etter
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Address: .3��� —�'���` State:
Phone Numbers: Business ��� �y� ����esidence
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5. Appellant / Applicant (if other than owner):
City: State:
Phone Numbers: Business
Residence
Cellulaz
6 State specifically what is being appealed and why (Use an attachmenY if neeessary):
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NOT'E: A$25.00 filing fee made payable to the City of Saint Paul must accompany this application as a
necessary condition for filing. You must attach a copy of the original orders and any other wrrespondence relative
to this appeal. Any person unsatisfied by the final decision of the City Council may obtain judicial review by
timely filing of an acdon as provided by law in I}ishict Court.
For Office Use
Date Received: Fee Received: Rec
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Aate of Hearing:
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CITY OF SAINT PAUL
DEPARTMENT QF SAFETY AND INSPECTTONS
1600 White Bear Avenue
Saint Paul, MN SSlfl6
GRAFFITI ABATEMENT ORDER
�anuarv 28, 2008
Date Mailed
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Mailed by ( aw )
Yog hais tias koj hais lus Hmoob thiab koj tsis to taub Csab ntawv no, hu rau tus txhais lus ntawm (651) 266-1918. Nws yog
pab dawb zwb. Si usted habla el Espanol y no ent�ende esta nota, Ifama (65I)266-6068 paza un traductot. No costo.
And How LLC
fi320 l Oth St I� Unit 430
Oakdale MN 55128-6135
As o�vner or person(s) responsible for: 378 MARIA AVE
You aze hereby notified of g�affiti on your property. You can assist the city by doing the following:
If you need help wikh graffiti removal, the city has a graffiti removal pcogram that provides free
removal. However, the city wil] not restore the damaged swface to its original cotor or
appearance. Please sign the attached WAIVER f�ND CONSENT TO REMOVE OR AEATE
GRAFFiTJ form to request graffiti removal from the city. This waiver form will remain in effect
for the en6re time you own the properry or until you request it to be terminated. Retum the farm
within 14 days to:
DSl - Code Enforcement
1600 White Bear Avenue
Saint Paul, MN 55106
OR fax to: 651-266-1919
• If you choose to remove the graffiti yourself please remove the graffiti as soon as possible.
(Please consult the attached Graffiti Remove Tips to assist you in removing the graffiti.)
• It is not necessary to contact this office ifyou have already removed this graffiti.
• It is not necessary to contact this office if you plan to remove this graffiti yourself on or
before the date below.
• lf the dama.ge is extensive, consider filing a claim with your insurance company. If you do this,
take a photograph of the damage for documentation for insurance purposes. Also, get an
estimate to repair the graffiti damage.
The ¢raffiti must be removed bv: Februarv 01, 2008 You must either remove the
graffiti, OR file an appeal by this date. If you do not do one of these things, the City will send a
wark crew to remove ar cover the graffiti at the owner's expense, unless the enclosed WAtVER
is received within 14 days ofthe date this notice was mailed (see upper right carner ofthis Notice}.
If you have questions about this order, the requirements or deadline, you should contact John
Betz at 651-266-1441, Monday through Friday, 7 a.m. to 3:30 p.m.
eals: You may appcal th�s order and obtaiv a hearing before [he Ci[y Council6y comp�cting an appeal application wiih ihe City Clcrk betore the
compLance date above or 5even (7) days aRer the date mailed, whichever wmes fiat N 1 v b fled ft th t d f Y av bt '
�peal pl� c' f mth C�t�erk' Of1 R 310 C"t Hall dSt P 1 MN 5510� 73i [ f h be i(65D266 8688 Y
musi submit a co ofth' O d � ihy o 1 f i
yaffiti sa 10l07
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Graffiti Removal Tips
Gra�ti breeds more and mare grafliti! Immediate cleanup is recommeaded?
• General Tip: If you want to paint over graffiti, fust prepaze surface with KILZ which comes
in spray can or btushing form. This will seal the graffiti, and keep it from bleeding through
the new paint. lf the azea to be painted is small (one ar two tags) use KILZ first, then you
can spray paint the azea with a color that closely matches the original wall. Sometimes you
wi11 notice that an entire wall will have to be painted over because just merely patching with
paint almost looks warse than the graffiti tags.
• Brick, Cement, or Concrete: Use extra strength gaint remover. Apply �vith a wire brush or
some products come with a sprayer. Scrub area w�ith wire brush, and then allow it to dry.
Rinse with a forceful stream of water from a hose. Some surfaces may have to be done twice
or more!
• Stucco: Apply extra strength paint remover. Seal area with HILZ and then paint over the
azea with stucco paint. If the affected azea is hit with numerous tags or pieces (large
designs), you should sand blast the wall. Sandblasters can be rented for approximately $65
per day. Or you can contract with a professional sandblaster who will chazge according to the
size of the wall. Some damage is likely to occur, regazdless of which method is used!
• Aluminum Siding: GOOF OFF works quite well on latex paint, but not on oil-based paint,
Oit-based painted siding can be cleaned up with either KEAN ST2IPP or STRTP X, but
spazingly and carefully!
• Wood: On latex or oil-based painted wood use KILZ to seal the graffiti. Paint over thickly
so the graffiti won't bleed through if the azea is stained and varnished, use Kean Strip with
sprayer, wipe off with cloth rag.
• Fiberglass� Use paint remover such as KEAN STffiP or STRIP X or GOOF OFF full
strengeh and rinse cazefully. Carburetor cleaner also works well.
• Glass ar Plexiglass: Use carburetor cleaner and a c(oth rag.
+ MetaL• Try carburetor cleaner first. If this doesn't work, use KEAN STRTP or STRIP x.
• Products that work quite well and aren't too expensive -$3.99 to $19.99
KEAN STRIP - sprayable paint remove or KEAN STRIP - aerosol remover
GOOF OFF - ultimate remover - aerosol can
STRIP X - paint remover
T1re above three products can be found in hardware stores, paint stores, or building supply
stores. Carburetor cleaner can be found at automotive supply stores.
Note:
• Most of these graSfiti removal products are toxic! Please use them with caution, following
the manufacturer's directions.
Dispose of empty cans and containers properly at the Ramsey County Hazardous Waste
(Bay West Building), 5 Empire Drive in St. Paul (phone: 651-633-03279)
It is recommended that you wear rubber gloves, safety goggles, and an OSHA approved
respirator while removing graffiti.
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February 5, 2008 Legislative E3earing Minutes O � � � Page 5
4. Appeal of Lou Sudheimer, on behalf of Maria Flats Condo Association, to a Summary
Abatement Order to Remove Graffiti for property at 378 Maria Avenue.
Lou Sudheimer, property owner, appeazed and stated that he was appealing the order to remove
graffiti on his building as the order only gave him three days to comply which was not enough tune.
He was requesting additional tvne unril the weather turned wanner, spring, to paint over the gaffiti.
He had concern that if he painted it now, the paint would peel and he would have an even bigger
problem later on. He said that he also could not use any sort of chemicals to remove the graffiti as
it would also remove the paant on the brick. He stated that when he purchased the property, it had
been boazded up and had been vandalized many times. He had rehabbed the property and had
received awards from the HPC for his efforts.
Mr. Betz presented a pichue of the graffiti on the building. Ms. Moermond stated that she was not
sure if this was a gang symbol or merely a tag. If it were a gang symbol, it signaled that this azea
was the territory of a particular gang. What generally occurs in these instances is that it breeds
additional graffiti from rival gangs.
Mr. Magner stated that he could not determine whether this was a tag or gang graffiti and he would
haue to refer this to Officer Barabas in the Police Department who specializes in gang graffiti for
his opinion. It was his experience that graffiti breeds more graffiti. The City Council had enacted
measures to aggressively have graffiti removed as quickly as possible and his department followed
that policy. He asked Mr. Sudheimer what type of paint was on the building. Mr. Sudheimer
responded that it was oil-based paint.
Mr. Magner stated that the brick still could be painted with an oii-based paint at a temperature
below 32 deg He suggested that Mr. Sudheimer could tarp the area with plastic and duct tape it
to the building; use a salamander heater to heat the area; paint the brick and allow it to dry; and then
remove the taxp after the paint was dry. This would ensure that the paint would srick to the brick.
Ms. Moermond told Mr. Sudheimer that she understood his concerns; however, she had concerns
that the neighbors may be vandalized by graffiti or his property could be targeted again if it is not
removed. She recommended denying the appeal and granting an extension to Febnxary 15 to
remove the graffiri.