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09-534Council File # �/ - �j�j Green Sheet # 30'103�i r l RESOLUTION OF SAINT PAUL, MINNESOTA Presented by �q 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 May 6, 2009 hereby memorializes its decision to 3 certify and approve the Apri121, 2009 decision of the Legislative Hearing Officer for the following 4 address: 5 6 ADDRESS APELLANT 7 8 627 Palace Avenue Arno A. Karner 9 10 Decision: Appeal denied and extension granted to May 8 to come into compliance. Carter Bostrom Stark Thune Adopted by Council: DaYe Yeas � Navs � A6sent r Adoption Certified by Cot il Secretary By: Approve y ayJ.� Date ,� By: Requested by Department of: � Form Approved by City Attorney B Form Approved by Mayor for Submission to Council � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet n�i ��� i � DepartmentlOfficelCouncii: Date Initiated: ' � � co-�°°^°�� 13-MAY-09 Green Sheet NO: 3070397 Department 5ent To Person InitialiDate ConWct Person 8 Phone: 0 omc� Marcia Moermond y �—� G8S7� 1 ounN De ar�entD"uector �� 2 � Clerk C5 Clerk Must Be on Council Agenda by (Date): Number 3 �� Routing 4 0 Doc. Type: RESOLUTION Order 5 � E-Document Required: Y Document Contact: Mai Vang Contact Phone: 6-8563 Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Resolufion memorializing City Counci] action taken May 6, 2009 denying the appeal and extension granted to May 8 to come into compliance for property at 627 Palace Avenue, per the recommendation of the Legislative Hearing Officer. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contrect for this depadment? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a cily employee? Yes No 3. Does this persoNfrm possess a skill not normally possessed by any current city employee? Yes No Expiain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): AdvantageslfApproved: Disadvantages If Approved: DisadvanWges If NotApproved: Total Amount of Transaction: CosURevenue Budgeted: Funtling Source: Activity Number: Financial Information: (Explain) May 13, 2009 10:15 AM Page 1 4 4" of i g 0 qe a . n�1Ii1110 a 6 �m �,.. ,�.� o � April 17, 2009 Arno A. Karner 627 Palace Ave. St. Paul, MN 55102 RE: 627 Palace Ave. Dear Mr. Karner: CITY OF SAINT PAUL CITY CLERK'S OFFICE Your application for an appeal has been received and processed. a�-��y Please attend the public hearing before the Legislative Hearing OfFicer on Tuesday, April 21, 2009 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 relative to this action. Failure to appear at the hearing may result in denial of your appeal. Your social worker is welcome and encouraged to attend this hearing with you, The condemnation is on hoid pending the outcome of the hearing on Tuesday. You do not need to vacate your apartment. Sincerely, �� c� <'�� Shari Moore City Clerk cc: John Betz, Code Enforcement Supervisor Marcia Moermond, Legislative Hearing Officer Jerry Hendrickson, Deputy City Attorney 15 WEST KELLOGG BOULEVARD, SUITE 310 SAIN7' PAUI, MINIVESOTA55102 Tel: 651-266-8688 Fax: 651-2668574 wwwstpaul.gw M Affirtnative Action Eq�al Opportuniry Employer � APR 1 � �illi� ,��:�- ���:�: � ����� APPLICATION FOR APPEAL Saint Paul City Clerk 15 W. Kellogg Blvd., 310 City Hall Saint Paui, Minnesota 55102 Telephone: (651) 266-8688 cir� c��R� a�-5� y 1. Addcess of Properry being Appealed: I 2. Number of Dwelliug Units: 3. Date of Letter Appealed: 4. Nazrze of Owner: ✓7 � I✓� /7 /�,�� �/' �' � Address:�,� � ��� �� State: Phone Numbers: Busines��lJ�� gf�],3Residence �S �O 5. Appellant / Applicant (if other than owner): Address: Phone Numbers: Business 6 State specifically what is City: Residence Cellular and why (Use an attachment if necessat3+): NOTE: 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 eorrespondence relarive to this appeal. Any person unsarisfied by the final decision of the City Council may obtain judicial review by timely fiIing of an action as provided by law in District Coist. Date Recei� `�I i1 Fee Use Date of Hearing: (�-(J�, � a- f c� ff� c� CITY OF SAINT PAUL DEPART1V14,NT OF SAFETY AND INSPECTIONS 375 Jackson Street, Suite 220 Saint Paul, MN 55101-1806 GRAFFITI ABATEMENT ORDER April 14, 2009 Date Mailed aw Mailed by ( aw ) Yog hais tias koj hais 1us Hmoob thiab koj tsis to taub tsab ntawv no, hu rau tus L�hais lus ntawm (651) 266-8989. Nws yog pab dawb zwb. Si necessita un �aductor, por favor Ilamenos al (651) 266-8989 No costo. Arno A Kamer 627 Palace Ave St Paul MN 55102-3517 As owner or person(s) responsible for: 627 PALACE AVE You are hereby notified of graffiti on your property. You can assist the city by doing the following: • If you need help with graffiti removal, the city has a graffiti removal program that provides free removal. However, the cily will not restore the damaged surface to its original color or appeazance. Please sign the attached WAIVER AND CONSENT TO REMOVE OR ABA'I`E E'JRAFFI'IT form to request graffiti removal from the city. This waiver form wilY remain in effect for the entire time you own the properry or until you request it to be terminated. Return the form within 14 days to: DSI - Code Enforcement 375 3ackson Street, Suite 220 Saint Paul, MN 55101-1806 OR f� 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 gra�fi.) • It is not necessary to contact this office if you 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. ' •. If the damage is ea�tensive, consider filing a claun with your insurance company. If you do this, take a photograph of the damage fot documentation for insurance purposes. Also, get an estimate to repair the graffiti damage. The eraffifi must be removed bv: Auril 17. 2009 You must either remove the gr�ti, OR file an appeal by this date. If you do not do one of these things, the City will send a work crew to remove or cover the graffiti at the owner's expense, uniess the enclosed WAIVER is received within 14 days of the date this notice was mailed (see upper right corner of this Notice). If you have questions about this order, the requirements or deadline, you should contact John Betz at 651-266-1901, Monday through Friday, 7 a.m. to 3:30 p.m. Anceas: You may appeal this order avd obtain a heazing before the City Council by completing an appeal application with the City Clerk before the compliance date above or seven (7) days afier ffie daze mailed whichever comes fitst No aDOeals y b fil d aRer }�[ aate y my y�ya an�oeal avolication fro th C�tv Cluk' Offi Ro 310 ��N H I� d St P� MN 5510 The i lepho umb 's (651) 266 8688 Y must submit a coov ofiLis Ord arith v ur a al a nl"cai' gt�ti_sa 10/08 o � -53 c� CTTY OF SAiNT PAUL Mayor Christopher B. Coleman 390 CiryHd! IS K'utKrlloggBDUlev¢rd Sai'¢POUI, MNSSIP2 7'elephone: b51-266-SSIG F¢crimile.� 657-228-85{3 April 22, 2008 Deaz Resident, A sense of security on our sidewalks and in our neighborhoods is essentia] to our city's qnality of life. This feeting oi safety cames from a strong sense af community. Our residents know that safety comes fust in Saint Paul and fiave come to eacpect that we deal with public safety issues quickly. Graffiti is a serious nuisance and aualitv of life crime That is why last snrine we decided to �et toueh on eraffih and reauu�e that it be removed within 'I2 hours af receiving a comolaint Please join us, on short norice, in keeping our neighhochoods safe and clean. As the enclosed graffiti abatement order states, if you need heip with graf�iti removal, the City has a graf&ti removal program that provides free removal. Please sign and return the enclosed waiver to request graffi6 removal from khe City. I£you choose to remove the graffiri yourself, please do so by the date indicated on the order. If you have quesiions about this order, please contact 7ohn Betz at 651-266-1901, Monday through Friday, 7:00 am. to 3:30 p.m. Please help us eliminate graffiti from our community. To report graffih, please call the City's Tnformation and Complaint Line at 651-266-8989 with a descriprion and specific location of the g'af5ti. i�a�i: yau ior your pa�ence, understandiag xnd partnarsfup in maicing Saini Faui tue Most Livable City in America! Sincerely, ��f�""" " � �6'�°�-._ Christopher B. Coleman Mayor �� ICathy Lantr�� City Council Presidenk �-��y Waiver and Consent to Remove or Abate Graffiti � am the owner or person responsible for the property located at: . I hereby gve pernussion for the City of Saint Paul, its agents or employees to remove, cover, paint or otherwise eliminate a affiti on the above described property. I understand that the process of removing or covering over graffiti cannot restore the damaged surface to its original color or appearance z:�d r,iay look differer�t than uuw�ehed azeas. I understand that by giving this pernussion, I will hold hatmless the City of Saint Paul, its employees or its agents for the final appearance of my property. I will further indemnify the City of Saint Paul, its employees or its agents for any claim or cause of action that may arise from the removal of graffiu on the property stated above. I will notify the City of Saint Paul iflwhen the property changes ownership. This waiver will remain in full force and effect unul the City of Saint Paul receives written nofice to terminate the waiver and consent to remove or abate graffiti. Signature Date To avoid bein¢ chareed for abatement ulease send the Waiver and Consent form to the address below within 14 davs or call 651 266-1900 to sueak to the insnector or suuervisor Department of Safety and Inspections Code Enforcement 375 Jackson Street, Suite 220 Saint Paul, MN 55101-1806 ..................................................................................................................... Office Use Only Date WaiverReceived Shared/NHPI/ASG,/FOrms/waiver form 2007.doc April 2l, 2009 Legislative Hearing Minutes Page 12 oy-�3 � 4. Appeal of Arno Kamer to a Graffiti Abatement Order for property at 627 Palace Avenue. Arno Karner, appellant, appeared. Ms. Moermond asked Mr. Robinson for a report. Mr. Robinson stated that a letter was sent to the property owner to remove �affiti on April 14, 2009 with a compliance date of April 17, 2009. He said that generally, the letter is sent to the owner and to the painter simultaneously and the work was usually done almost immediately by the painter. He explained that the City Council had passed an ordinance requiring graffiti be removed within 72 hours as it was viewed as a serious nuisance, particularly in the event of gang graffiti. He presented a pichu of the graffiti on the property which were inirials and said it did not appeaz to be gang related. It was his understanding that the owner wanted to paint over the graffiti l�imself. Mr. Karner stated that he believed he was being harassed and picked on by the City for having to remove the graffiti in such a short amount of time. He said there was graffiti all over his neighborhood including stop signs, dumpsters, and other areas that he was not seeing being removed and wanted to know whether letters were sent to those owners as well. He also wanted to laiow who had made the complaint about the graffiti on his property. Ms. Moermond responded that a complainant could not be revealed due to data privacy laws. She suggested Mr. Kamer contact the City to report graffiti on any property, including stop signs and dumpsters. She agreed that the orders to remove graffiti require a quick turn around in time; however, there was a major concern with gang graffiti as it generally was responded to by other gang graffiti which was a criminal matter. She suggested Mr. Karner sign the waiver and allow the City to paint over the graffiti as the painter attempts to match the color as close as possible. When weather conditions improved and time allowed, he could then paint over with whatever color he wanted. Mr. Karner responded that he was not interested in signing a waiver and did not wish for the City to paint whatever color they chose. He said he wished to address the City's policy on graffiti removal. Ms. Moermond said that she was not in a position to discuss the City's policy. She suggested Mr. Karner discuss this with the City Council and she would schedule a public hearing for May 6. She recommended denying the appeal and granting an extension to May 8, 2009 to remove the graffiti. She suggested to Mr. Karner that he attempt to remove it prior to May 8 and that he would still be allowed to address his concerns to the Council at the public hearing.