Loading...
97-1305Council File # g� �'� Q� RESOLUTION CITY OF rr�n�ea Referred To Green Sheet # ( Committee Date �� 1 WHEREAS, a petition has been received in the oflice of the City Clerk alleging public nuisances at 556-558 Blair 2 Ave. ("Petition") and 3 WHEREAS, the City Clerk was unable to verify whether said petitions satisfied the sixty percent requirement of 4 Administrative Code section 91.03; however, pursuant to the same section of the Administrative Code, the Council 5 may accept the petition and schedule and conduct a public hearing atter proper notice has been provided to the 6 affected property owner(s). 7 NOW, THEREFORE, BE TT RESOLVED BY THE SAINT PAUL CITY COUNCIL: 8 The Petition is hereby accepted pursuant to section 91.03(a} of the Administrative Code and a public hearing will 9 be held by the Council on such petition on I✓ov��bez f2 i i99� , beginning at 430 p.m. pursuant to section 10 91.03 of the Administrarive Code after proper notice is given to the owner{s) of the affected property by the Council 11 Secretary. The purpose of the public hearing is set forth at sec6on 91.03(d) of the Administrative Code: 12 The Council shall consider all written and oral testimony elicited at the public 13 hearing, as well as the documents attached to the petition, and shall, by resolution, 14 either return the matter to the petitioners for insufficient evidence to support the 15 allegations or refer it to the City Attorney's Office for review for sufficiency to 16 file criminal chazges or to commence a civil action. Requested by Dapartment of. Adoption Certified by Council Secretary � Form Approved by City Anorney � Approved by Mayor for Submission to Council BY� �....�� � By: Approved by Mayor: Date �, � � 1. t S Y MINNESOTA By: �----_. Adopted by CouncIl: Date . Q� .�g j 1�� GREEN SHEET TOTAL # OF S{GNATURE PAGES Accepting a petiti� alleging public v�tisances at 556-558 BLtir Ave. and setting date of Ciry Council Public Heating on such pefifions for Novembet �; 1997 at 4:30 p.m., Ciry Councii, Third F7oor, City Hali. PVINNING COMMISSION CIB COMMITTEE CIVII SERYICE COMMISSION �.�� ❑ CIIYAiTdYEY ❑ CIIYtl.iRK ❑ AI�IYJ�I.SFAlI1CFJOR. ❑ RYIIIq111.fE0lf�CCiO ❑wroRCOrt�s.fO*4+n ❑ (CLIP ALL LOCATIONS FOR SIGNATUR� u� tn� ce�� �r won«a uoa� a cartr�a rumw ce�menn vES tao Has thie x«soNfirm ever heen a aty emckyee4 YFS NO Oaes this PersaNS�n Poscess a SIdN not nolmalMP� bY anY cufrent citY emPbY�T YES NO Is thia pelsoMrm a fargeted vertdaf7 . YES NO 9�-\�0.5 r,o 605'74 � �� TAL AMOUNT OF TRANSACTION S CO57/REVENUE BUD(iEfED (CIRCLE ONE) YES NO �OINfi SOURCH AGTMTY NIHiBER NCVL N1FOIifMTfON (E%P Wl� Council File # q� -13 o�' RESOLUTION Referred To CITY OF S�4INTRAI}L, MINNESOTA Green Sheet # G�S�t � �� J � . �l ' 'Z Committee Date WHEREAS, a petition has been received in the office of tl�e City Clerk allegin�public nuisances at 556-558 Blair Ave. ("Petition") and / WHEREAS, the City Clerk was unable to verify whether said petitions sa sfied the sixty percent requirement of Administrative Code aection 91.03; however, pursuant to the same section f the Administrative Code, the Counci( may accept the petition and schedule and conduct a public hearing afte proper notice has been provided to the afTected property owner(s). NO�V, TI3EREFORE, BE IT RESOLVEll I3Y T13E SAINT PAU�, C1TY COUNCIL: _�_ , � � The Petition is hereby accepted pursuant t c�n 91.03(a) of tlie�l��inistrative Code a a public hearing wi� be held by the Council on such petition o�/✓^v�n�l�� ��z i>'1 � , tfeginning at 4:30 p.m. p��stLant to ,section 91.03 ofthe Administrative Code after prop r�notice is_giyen tolhe o ner(s) of the af�'ected property by the Council Secretary. The purpose of the public hearing is set forth at section 91.03(d) of the Administrative Code: The Council shall consider ap written and oral testimony elicited at the public hearing, as well as the documents attached to the petition, and shall, by resolution, either retum the matter to the petitioners for insuf�icient evidence to support the allegations or refer it to the City Attorney's Otlice for review for suf�iciency to file criminal charges or to commence a civil action. Requested by Department oC: Adoplion Certitied by Counci! Secretary BY' � '_--� �F-�'� ' �;�Ip}>{o�e�l by Mayor: Date � . •.l�� , � � � Form Approved by City Attorney � Approved by Mayor for Submission to Council � Adopted by Council: Date Q�,�9 � ac091.htm1 at freedom.stpaul.gov Page 1 of 3 Chapter 91. Procedure for Public Hearings Regarding Public Nuisances* *Editor's note--Section 4 of Ord. No. 17350, adopted May 8, 1986, provided that the provisions of said ordinance be incorporated into the Administrative Code, but did not specify the manner of such incorporation. At the editor's discretion, therefore, §§ 1--3 of Ord. No. 17350 have been codified as a new Ch. 91 to Title IV, §§ 91.01--91.03. Legislative Code reference--For provisions pertaining to liquor and beer, see Title XXIV; sale and possession of narcotics, Ch. 250; gambling, Ch. 270; disorderly houses, Ch. 271; noise regulations, Ch. 293. Sec. 91.01. Declaration of policy. The council finds that the protection of the peace, comfort and decency of the city's neighborhoods and the enforcement of the criminal laws relating to disorderly houses, the illegal sale of alcohol and controlled substances, gambling and prostitution are fostered through the continued cooperation between the city and its residents. In order to sustain that cooperation, the council hereby creates a procedure whereby residents of the city may petition the council to hold a public hearing regarding, and to commence legal action against, alleged public nuisances in their neighborhoods. (Ord. No. 17350, § 1, 5-8-86) Sec. 91.02. Definitions. For purposes of this chapter, the terms defined in this section shall have the meanings ascribed to them. Disorderly house shall have the meaning ascribed to it by either state law or Legislative Code for the City of Saint Paul. Gambling shall have the meaning ascribed to it by state law. Illegal sale of intoxicating or nonintoxicating malt liquor shall mean any or all of those situations in which the provisions of state law or of the Legislative Code of the City of Saint Paul relative to the sale of intoxicating or noninto�cating malt liquor have been violated. Nuisance or public nuisance shall have the meaning ascribed to it by state law and shall include, but not be limited to, tippling houses, after-hours establishments, locations at which illegal sales of intoxicating liquor or nonintoxicating liquor or controlled substances are made, and vacant dilapidated buildings. Possession or sale of a controlled substance shall have the meaning ascribed to it by http://freedom.stpaul.gov/stpaul/legislative/ac091.htm1 10/20/97 ,i ac091.htm1 at freedom.stpaul.gov Page 2 of 3 state law. Prostitution or acts of prostitution shall have the meaning ascribed to them by state law. (Ord. No. 17350, § 2, 5-8-86) Sec. 91.03. Petition procedure. (a) Upon the filing of a petition in writing signed by sixty (60) percent of the owners and tenants of all private residences, dwellings and apartment houses located in an area one block in any direction from the alleged public nuisance, and upon verification of those signatures by the office of the city clerk, the council sha11 schedule a public hearing concerning the allegations set forth. All petitions, includ'mg those containing an insufficient nuxnber of signatures, shall be referred to the council by the city clerk. With respect to petitions containing less than the sixty (60) percent required signatures, the council may, in its discretion, accept the petition and schedule a public hearing or return the petition to the petitioners for additional signatures. (b) The petition shall contain: (1) At the top of each page of signatures, a statement alleging the operation or existence of a public nuisance at a specific and dress. Such allegation shall be based on and make reference to supporting documentation attached to the petition. (2) The signer's address and status, i.e., owner, owner and occupant or tenant, shall follow each signature. Signatures of guests ar visitors, whether short or long term, shall not be permitted or considered in meeting the required percentage; and (3) Supporting documentation, whether police reports and/or affidavits of signers or others with first-hand knowledge of the occurrences inside the alleged public nuisance. Such documentaxion shall show any or all of the following occurrences as a result of the operation or e�stence of the alleged public nuisance: a. Noise; b. Litter; c. Parking problems; d. Increased vehicular traffic; e. Other proof showing that the peace, comfort or decency of the neighborhood has been repeatedly disturbed; f. Prostitution or acts of prostitution; g. Gambling; h. Sale or possession of controlled substances; http://freedom.stpaul.gov/stpauUlegislative/ac091.htm1 10/20/97 ac091.hhn1 at freedom.stpaul.gov Page 3 of 3 i. Previous criminal convictions by the owner and/or operator of the alleged public nuisance for operating a disorderly house at this same address. (c) The owner and/or operator of the alleged public nuisance shall be mailed written notice of the public hearing and shall be pernutted to testify at the hearing. (d) The council shall consider all written and oral testimony elicited at the public hearing, as well as the docuxnents attached to the petition, and shall, by resolution, either return the matter to the petitioners for insufficient evidence to support the allegations or refer it to the city attorney's office for review for sufficiency to file criminal charges or to commence a civil action. (e) Within a reasonable period of time after receipt of all materials from the council, the city attorney's office shall provide the council with a written report explaining its decision whether or not to commence a criminal or civil action. (Ord. No. 17350, § 3, 5-8-86) Sec. 91.04. Search warrant costs. (a) When police officers, during the execution of a search warrant on a privately owned building or dwelling, find any illegal drug as defined in Chapter 152 of Minnesota Statutes and in a quantity of one-eighth of an ounce by weight or more, the police department shall cause to be sent to the owner of said building or dwelling a registered letter informing the owner of the fact that a search warrant was executed on the premises, the evidence seized and a copy of the search warrant itself. The letter shall recommend that the owner explore all options as to terminating the tenancy involved in the search warrant and offer police assistance, including enforcement of any court orders obtained by the owner, providing the owner makes a good faith effort. (b) The billing for such services may be waived, or if a registered bill has been sent, it may be waived by the police department in those cases where the owners of the parcels in question demonstrate a good faith effort on their part to resolve such problems on their parcels. (c) If the owner does not make a good faith effort and should police officers execute a second search warrant on the same building or dwelling and at the same unit or for the same person, and any illegal drug of the kind and in the amount described above is found, the police department sha11 send a registered bill to the owner thereof. Such bill, if sent, shall fully set forth the facts surrounding the execution of the second warrant and contain a detailed itemization of the costs incurred and reasonably related to the execution of the second warrant. (d) If the registered bill is not paid, the police department shall refer the matter to the city attorney, who may, after considering the relevant factors, bring an action against the property owner for unjust enrichxnent and take judgement against the owner. (Ord. No. 17674, § 1, 8-17-89) http://freedom.stpaul.gov/stpauUlegislative/ac091.htm1 10/20/97 1 R 55'oblair 36-29-23-22-0070 RESIDENT 550 BLAIk A�Tc ST. PAUZ,:�7 55103-1637 2 F 556blair 36-29-23-22-0071 GARY R BACKES SHERRIL A BACKES 1425 16�TH ST W ROSEMOUNT MN 55065-6055 2 F 556blair 36-29-23-22-0072 CHARLE3 T DRAKE 578 LONESOME PINE TRAIL LINO LAKES MN 55014-5479 0 F 556blair 36-29-23-22-0073 THE CHURCH OF ST AGN'ES 548 LAFGND AVE ST PAUL MN 55103-16'J2 1 r 556blair 3'0-29-23-22-0075 PANG VANG TCHUYI VANG 519 LAFOND AVE ST PALZ MN 55103-1673 1 r 556blair 36-29-23-22-0077 JOSEPH A& JIIDITH C LAZARICFi 505 LAFOND AVE ST PAUL MINN 55103-1673 2 R 556blair 36-29-23-22-0078 RESSDENT 503 LAFOND AVE ST. PAUL MN 55103-1673 1 r 556blair 36-29-23-22-0080 JOHN A KANE SO1 LAFOND AVE ST PAUL MN 55103-1673 2 F 556blair 36-29-23-22-0148 CHOU SOM CHA YANG 6A3 KENT ST ST PAUL MbT 55103-1616 1 R 556blair 36-29-23-22-0174 RESIDENT 637 KENT ST ST. PAUI, MN 55103-1616 2 T 556blair 36-29-23-22-GO]1 GARY R BAC�S SHERILL A BACKES 1425 160TH ST W ROS�MOUNT MN 55068-6055 2 R 556blair 36-29-23-22-0071 RESIDENT 556 BLAIR AVE ST. PAUL MN 55103-1637 2 R 556blair 36-29-23-22-0�7'L RESIDENT 648 KENT ST ST. PaUL MN 55103-1617 '_ F 556blair 36-29-23-22-0074 YENNETH G& SHARO:1 R HOLMGREN 523 LAFOND AVE ST PAUL NIIQ 55103-1673 1 F 556blair 36-29-23-22-0076 JOSEPH A LAZARICEi ' 515 Iu�FOND AVE ST PAUI, MN 55103-1673 ' 2 F 556blair 36-29-23-22-0078 � MICHAEL R STEPHENS KAREN E STEPHENS 5904 BLACKBERRY TRAI:� INVER GROVS HEIGiiTS MN 55076-1557 1 F 556blair 36-29-23-22-0079 '�� DERRICK TAOOLRIDGE 639 MACKUBIN ST � ST PAUL MN 55103-1624 \ 1 F 556blair 36-29-23-22-0147 �' LELAND L& RUTH C FIRKUS 661 KENT ST N ST PAUL MINN 55103-1646 �� 1 F 556blair 36-29-23-22-01?4 GARY F& LYNN C WICKENHOUSER SO55 GRAFTON AVE S COTTAGE GROVE MN 55016-2624 1 F 556blair 36-29-23-22-0175 MARCIE A PARKER 633 KENT ST ST PAUL MN 55103-1616 1 F 556blair 36-29-23-22-0055 JOAN M FITZGERnrn 507 BLAIR AVE ST PAUL MN 55103-1536 0 F 556blair 36-29-23-22-0056 NSCKEL ASSOCIATE5 501 BLAIR AVE ST PAUL MN 55103-1636 2 F 556blair 36-29-23-22-0058 JOSEPH G KOME20 JR 645 MACKUBIN ST N ST PAUL MN 55103-1624 1 F 556blair 36-29-23-22-0060 HAROLD J MILiER KATHERINE MILLER L E 512 BLAIR AVE ST PAUL MN 55103-1637 1 T 556blair 36-29-23-22-0062 GREGORY T MCBRIDE FELECIA B MCBRIDE 522 BLAIR AVE ST PAUL MN 55103-1637 1 F 556blair 36-29-23-22-0063 EVA KIMBROUGH 526 BLAIR AVE ST PAUL MI3 55103-1637 1 R 556blair 36-29-23-22-0064 RESIDENT 528 BLAIR AVE ST. PAUL MN 55103-1637 2 F 556blair 36-29-23-22-0066 KEVIN L KITTILSON & VICTORIA L WOOD-WEBER 538 BLAIR AVE ST PAUL MINN 55103-1637 2 F 556blair 36-29-23-22-0067 JERALDYNE P DABE 9150 INVER GROVE TRAIL INVER GROVE HEIGHTS NIN 55076-3712 2 F 556blair 36-29-23-22-0069 RANDIE D WILLIAMS 548 BLAIR ST ST PAUL MN 55103-1637 0 T 556blair 36-29-23-22-0056 KF�LAW PARTNERS C/O MIKE KAL25 501 BLAIR AVE ST PAUL MN 551�3-1636 1 F 556blair 36-29-23-22-0057 JOSEPH G KONRO JR 651 MACKUBIN S^1 ST PAUL MN 55103-1624 2 E 556blair 36-29-23-22-0059 SYLVIA PEREZ 508 BLAIR A`JE ST PAUL MN 55103-1637 i F 556blair 36-29-23-22-0061 DUANE & DONNA NEURER 514 BLAIR AVE ST PAUL MINN 55103-1637 1 c^ 556blair 36-29-2's-22-0062 LYNN D BOYS 522 BLF,IR AVE ST Pt-�UL MN 55103-1637 1 F 556blair 36-29-23-22-0064 BICHARD L ILSDROWSKI 9340 MENUEL ROAD ",7 STILLWATER MN 55082-8430 1 F 556blair 36-29-23-22-0065 FRANK J THILL RENEE EISENHAUER 534 BLAIR AVE ST PAUL MN 55103-1637 '� 2 T 556blair 36-29-23-22-0067 GERALD BENFORD MARIA BENFORD 542 BLAIR AVE ST PAUL NIN 55103-1637 1 F 556blair 36-29-23-22-0068 JOSEPH P COLLINS 546 BLAIR AVE ST PAUL MN 55103-1637 1 F 556blair 36-29-23-22-0070 JOSEPA E BALTIERREZ 598 BLAIR AVE ST PAUL MN 55103-1638 2 T 556blair 36-29-23-22-0041 RESR2 S JAIN 625 OWASSO BLVD S ROSEVILLE MPT 55113-2147 2 R 556blair 36-29-23-22-0041 RESIDENT 559 BLAIR AVE ST_ PAUL MN 55103-1636 1 R 556blair 36-29-23-22-0042 RESIDENT 555 BLAIR AVE ST. PAUL NIN 55103-1636 j _ . _ .— ___ _ - _ - _ _ — 1 F 556blair 36-29-23-22-0044 CHONG V HER YAO V HER 551 BLAIR AVE ST PAUL MN 55103-1636 1 R 556blair 36-29-23-22-0045 RESIDENT 547 BLAIR AVE 5T. PAiJL MN 55103-1`036 1 F 556blair 36-29-23-22-��47 H L BERGLUND ET AL 539 BLAIR AVE ST PAUL MN 55103-1636 1 R 556blair 36-29-23-22-0048 RESIDENT 533 BLAIR AVE ST. PAUL MN 55103-1636 3 F 556blair 36-29-23-22-0049 MICHAEL P pETERSON 529 BLAIR AVE ST PALIL MN 55103-1636 2 F 556blair 36-29-23-22-0051 RICHARD A MOORE 521 BLAIR AVE ST PAUL MN 55103-1636 1 F 556blair 36-29-23-22-0053 JOSEPH E ST GERMAIN 515 BLAIR AVE ST PAUL MN 55103-1636 2 F 556blair 36-29-23-22-0041 AUGUST J HEMPEL DELORES M HEMPEL 97 MAYWOOD PLACE ST PAUL MINN 55117-5621 1 £ 556blair 36-29-23-22-0042 RICHARD L KEDROWSKI 9340 MENDEL ROAD N STILLWATER MP7 55082-8430 1 F 556blair 36-29-23-22-0043 OLENDER T& DOROTHY P IVERSON 553 BLAIR AVE ST PAUL MINN 55103-1636 1 F 556blair 36-29-23-22-0045 NORTH CENTRAL BAFTIST CHURCH 392 UNIVERSITY AVE W ST PAUL MN 55103-1933 1�F 556blair 36-29-23-22-0046 XSONG VANG YER LEE 543 BLAIR ST ST PAUL MN 55103-1636 1 F 556blair 36-29-23-22-0048 JACQUELINE THOMPSON 533 BLAIR AVE ST PAUL MN 55104-1636 3 T 556blair 36-29-23-22-0049 MICHAEL P PETERSON 529 BLAIR AVE APT 1 ST PAUL MN 55103-1636 1 F 556blair 36-29-23-22-0050 MARYANNE WOLKERSTORFER ETAL 527 BLAIR AVE ST PAUL MN 55103-1636 1 F 556blair 36-29-23-22-0052 CHAU NGOC TRAN & TAM THANH LE 519 BLAIR AVE ST PAUL MN 55103-1636 2 F 556blair 36-29-23-22-0054 ROBERT A BECKER & PATRICIA A BECKER 511 BLAIR AVE ST PAUL MN 55103-1636 CITIZEN SERVICE OFFICE Fred Owusu, C"ity Qerk CITY OF SAINT PAUL No�m Co[eman, Mayor TO: Council President Da�e Thune FROM: Fran Swanson, Deputy City Clerk i� � DATE: 170 Cily Hall 15 W. %ellogg Bouleva�d Saixt Pau� Mirsnesom 55102 Petition to secure a public hearing for 556-558 Blair Avenue October 20, 1997 TeL: 672266-8989 Fax 612266-8689 wee: hup:/�www..,7pauzgov TDD: 2668509 Attached is a copy of a petition received in the City Clerk's Office, which alleges a public nuisance as outlined in Chapter 91 of the St. Paul Administrative Code. As required by Chapter 91, the City Clerk's Office has reviewed the petition to ascertain if 60% of the owners and tenants within a one block area of the alleged public nuisance ha�e signed the petition. While it is clear that the petition has not been signed by 60% of the owners and tenants within one block, it is difficult to determine the e�ct percentage. The difficulty arises from the lack of any accurate list of tenants. The Valuation Division can only supply my office with a list of owners within a one block radius (see attached). Under Section 91.03, the City Council may, in its discretion, accept the petition and schedule a public hearing or return the petition to the petitioners for additional signatures. As required by Council procedure, I am forwarding the petition to you for fiuther action. If you ha�e any questions, please ca11 me at 266-8690. Enc. cc: Councilmember Jerry Blakey Legislative Aide Gerry McInerney Nancy Anderson Johnny Howard - Thomas-Dale Block Club Ina 1034 Lafond Avenue � # � PUBLIC �ti UISANCE PETITIO��� 5�6-»8 BLAIR AVE�'�'L�E � R�hereas, the Landlord and �znants of >j6-»8 Blair �venue maintain a public nuisance we aliz�e the ioliow�ine: t� her�as, the landtord has allo�c•ed [hz cnrrent tenants occupyin� this propertv to maintain conditions crea[ine a oublic nuisance. � ���hereas, there are fighcs, loud noise at ail hours, disruptive behavior, and public drinkine. «�hereas, the city of St. Paul Legislative Code Chaoter 231 describes a Public Vuisance and ZVhereas, these conditions over the past year have unreasonabiy annoyed, endan�ered [he safery and disrupted :re ccm;on and repose of a considerable number of the members of the pubiic. � � Therefore, since Lhe tenants and landlord maintain a Pubiic Nuisance and are guilty of a misdemeanor, we request that the entire building be vacated and the building remain vacant for the period of one year. � � PUBLIC :�"L%7SA.�'CE PETITID��" 5�6-»8 BLAIR AVE�Z � Lt'nereas, the Landlord and tenan[s of »6-»8 Blair :�venue maintain a pubfic nuisance we al(e�e the �ollowing; «'hereas, the Iandlord has allou�ed the current tenants occupyin� this property to maintain conditions crea[ing a public nuisance. �Z'hereas, there are fighcs, toud noise at all hours, disruptive behavior, and public drinkine, �Z the city of St. Paul Ledisiacice Code Chapter 231 describes a Public Nuisance and ��"hereas, these conditions over the pas[ year have unreasonably annoyed, endangered the safery and disrupted [he comfort and repose of a considerable number of [he members of the public. � � � S Therefore, since the tenanu and landlord maintain a Public Nuisance and are guilty of a misdemeanor, we request that the eniire building be vacated and the building remain vacant for the period of one year. � � ,�/ PG'BLIC :����ISA��'CE PETITIOs�" 5�6—»8 BL_4IR _4VE:i�"��E �� «hereas, thz i,andlord and tenants of »60�8 Btair:avenue,maintain a public nuisar,ce we atfeee tnz iottowing: � R�hereas, the landlord has alle�c�ed [he .::rrent tenants xcupyine this propertv [o main[a:n condirons creatina eublic nuisance. ' - «�hereas, there are fights, loud noise at al( hours, disruptive behavior. and oublic drinkino. R hereas, !he city of St. Paul Leoislativ: Code Chao�er 231 describes a Public �uisance and �`�hereas, these conditions over the past year have unreasonabty annoyed. endan�ered [he safety and disrup[ed the comfo;t and repose of a considerabfepumber of the members of the public. . � Therefore, since the tenants and landlord maintain a Public Nuisance and are guilty of a misdemeanor, we request that the entire building be vacated and the building remain vacant for the period of one year. Council File # g� �'� Q� RESOLUTION CITY OF rr�n�ea Referred To Green Sheet # ( Committee Date �� 1 WHEREAS, a petition has been received in the oflice of the City Clerk alleging public nuisances at 556-558 Blair 2 Ave. ("Petition") and 3 WHEREAS, the City Clerk was unable to verify whether said petitions satisfied the sixty percent requirement of 4 Administrative Code section 91.03; however, pursuant to the same section of the Administrative Code, the Council 5 may accept the petition and schedule and conduct a public hearing atter proper notice has been provided to the 6 affected property owner(s). 7 NOW, THEREFORE, BE TT RESOLVED BY THE SAINT PAUL CITY COUNCIL: 8 The Petition is hereby accepted pursuant to section 91.03(a} of the Administrative Code and a public hearing will 9 be held by the Council on such petition on I✓ov��bez f2 i i99� , beginning at 430 p.m. pursuant to section 10 91.03 of the Administrarive Code after proper notice is given to the owner{s) of the affected property by the Council 11 Secretary. The purpose of the public hearing is set forth at sec6on 91.03(d) of the Administrative Code: 12 The Council shall consider all written and oral testimony elicited at the public 13 hearing, as well as the documents attached to the petition, and shall, by resolution, 14 either return the matter to the petitioners for insufficient evidence to support the 15 allegations or refer it to the City Attorney's Office for review for sufficiency to 16 file criminal chazges or to commence a civil action. Requested by Dapartment of. Adoption Certified by Council Secretary � Form Approved by City Anorney � Approved by Mayor for Submission to Council BY� �....�� � By: Approved by Mayor: Date �, � � 1. t S Y MINNESOTA By: �----_. AdoptedbyCouncIl: Date Q�. �q ��lq� �— GREEN SHEET TOTAL # OF S{GNATURE PAGES Accepting a petiti� alleging public v�tisances at 556-558 BLtir Ave. and setting date of Ciry Council Public Heating on such pefifions for Novembet �; 1997 at 4:30 p.m., Ciry Councii, Third F7oor, City Hali. PVINNING COMMISSION CIB COMMITTEE CIVII SERYICE COMMISSION �.�� ❑ CIIYAiTdYEY ❑ CIIYtl.iRK ❑ AI�IYJ�I.SFAlI1CFJOR. ❑ RYIIIq111.fE0lf�CCiO ❑wroRCOrt�s.fO*4+n ❑ (CLIP ALL LOCATIONS FOR SIGNATUR� u� tn� ce�� �r won«a uoa� a cartr�a rumw ce�menn vES tao Has thie x«soNfirm ever heen a aty emckyee4 YFS NO Oaes this PersaNS�n Poscess a SIdN not nolmalMP� bY anY cufrent citY emPbY�T YES NO Is thia pelsoMrm a fargeted vertdaf7 . YES NO 9�-\�0.5 r,o 605'74 � �� TAL AMOUNT OF TRANSACTION S CO57/REVENUE BUD(iEfED (CIRCLE ONE) YES NO �OINfi SOURCH AGTMTY NIHiBER NCVL N1FOIifMTfON (E%P Wl� Council File # q� -13 o�' RESOLUTION Referred To CITY OF S�4INTRAI}L, MINNESOTA Green Sheet # G�S�t � �� J � . �l ' 'Z Committee Date WHEREAS, a petition has been received in the office of tl�e City Clerk allegin�public nuisances at 556-558 Blair Ave. ("Petition") and / WHEREAS, the City Clerk was unable to verify whether said petitions sa sfied the sixty percent requirement of Administrative Code aection 91.03; however, pursuant to the same section f the Administrative Code, the Counci( may accept the petition and schedule and conduct a public hearing afte proper notice has been provided to the afTected property owner(s). NO�V, TI3EREFORE, BE IT RESOLVEll I3Y T13E SAINT PAU�, C1TY COUNCIL: _�_ , � � The Petition is hereby accepted pursuant t c�n 91.03(a) of tlie�l��inistrative Code a a public hearing wi� be held by the Council on such petition o�/✓^v�n�l�� ��z i>'1 � , tfeginning at 4:30 p.m. p��stLant to ,section 91.03 ofthe Administrative Code after prop r�notice is_giyen tolhe o ner(s) of the af�'ected property by the Council Secretary. The purpose of the public hearing is set forth at section 91.03(d) of the Administrative Code: The Council shall consider ap written and oral testimony elicited at the public hearing, as well as the documents attached to the petition, and shall, by resolution, either retum the matter to the petitioners for insuf�icient evidence to support the allegations or refer it to the City Attorney's Otlice for review for suf�iciency to file criminal charges or to commence a civil action. Requested by Department oC: Adoplion Certitied by Counci! Secretary BY' � '_--� �F-�'� ' �;�Ip}>{o�e�l by Mayor: Date � . •.l�� , � � � Form Approved by City Attorney � Approved by Mayor for Submission to Council � Adopted by Council: Date Q�,�9 � ac091.htm1 at freedom.stpaul.gov Page 1 of 3 Chapter 91. Procedure for Public Hearings Regarding Public Nuisances* *Editor's note--Section 4 of Ord. No. 17350, adopted May 8, 1986, provided that the provisions of said ordinance be incorporated into the Administrative Code, but did not specify the manner of such incorporation. At the editor's discretion, therefore, §§ 1--3 of Ord. No. 17350 have been codified as a new Ch. 91 to Title IV, §§ 91.01--91.03. Legislative Code reference--For provisions pertaining to liquor and beer, see Title XXIV; sale and possession of narcotics, Ch. 250; gambling, Ch. 270; disorderly houses, Ch. 271; noise regulations, Ch. 293. Sec. 91.01. Declaration of policy. The council finds that the protection of the peace, comfort and decency of the city's neighborhoods and the enforcement of the criminal laws relating to disorderly houses, the illegal sale of alcohol and controlled substances, gambling and prostitution are fostered through the continued cooperation between the city and its residents. In order to sustain that cooperation, the council hereby creates a procedure whereby residents of the city may petition the council to hold a public hearing regarding, and to commence legal action against, alleged public nuisances in their neighborhoods. (Ord. No. 17350, § 1, 5-8-86) Sec. 91.02. Definitions. For purposes of this chapter, the terms defined in this section shall have the meanings ascribed to them. Disorderly house shall have the meaning ascribed to it by either state law or Legislative Code for the City of Saint Paul. Gambling shall have the meaning ascribed to it by state law. Illegal sale of intoxicating or nonintoxicating malt liquor shall mean any or all of those situations in which the provisions of state law or of the Legislative Code of the City of Saint Paul relative to the sale of intoxicating or noninto�cating malt liquor have been violated. Nuisance or public nuisance shall have the meaning ascribed to it by state law and shall include, but not be limited to, tippling houses, after-hours establishments, locations at which illegal sales of intoxicating liquor or nonintoxicating liquor or controlled substances are made, and vacant dilapidated buildings. Possession or sale of a controlled substance shall have the meaning ascribed to it by http://freedom.stpaul.gov/stpaul/legislative/ac091.htm1 10/20/97 ,i ac091.htm1 at freedom.stpaul.gov Page 2 of 3 state law. Prostitution or acts of prostitution shall have the meaning ascribed to them by state law. (Ord. No. 17350, § 2, 5-8-86) Sec. 91.03. Petition procedure. (a) Upon the filing of a petition in writing signed by sixty (60) percent of the owners and tenants of all private residences, dwellings and apartment houses located in an area one block in any direction from the alleged public nuisance, and upon verification of those signatures by the office of the city clerk, the council sha11 schedule a public hearing concerning the allegations set forth. All petitions, includ'mg those containing an insufficient nuxnber of signatures, shall be referred to the council by the city clerk. With respect to petitions containing less than the sixty (60) percent required signatures, the council may, in its discretion, accept the petition and schedule a public hearing or return the petition to the petitioners for additional signatures. (b) The petition shall contain: (1) At the top of each page of signatures, a statement alleging the operation or existence of a public nuisance at a specific and dress. Such allegation shall be based on and make reference to supporting documentation attached to the petition. (2) The signer's address and status, i.e., owner, owner and occupant or tenant, shall follow each signature. Signatures of guests ar visitors, whether short or long term, shall not be permitted or considered in meeting the required percentage; and (3) Supporting documentation, whether police reports and/or affidavits of signers or others with first-hand knowledge of the occurrences inside the alleged public nuisance. Such documentaxion shall show any or all of the following occurrences as a result of the operation or e�stence of the alleged public nuisance: a. Noise; b. Litter; c. Parking problems; d. Increased vehicular traffic; e. Other proof showing that the peace, comfort or decency of the neighborhood has been repeatedly disturbed; f. Prostitution or acts of prostitution; g. Gambling; h. Sale or possession of controlled substances; http://freedom.stpaul.gov/stpauUlegislative/ac091.htm1 10/20/97 ac091.hhn1 at freedom.stpaul.gov Page 3 of 3 i. Previous criminal convictions by the owner and/or operator of the alleged public nuisance for operating a disorderly house at this same address. (c) The owner and/or operator of the alleged public nuisance shall be mailed written notice of the public hearing and shall be pernutted to testify at the hearing. (d) The council shall consider all written and oral testimony elicited at the public hearing, as well as the docuxnents attached to the petition, and shall, by resolution, either return the matter to the petitioners for insufficient evidence to support the allegations or refer it to the city attorney's office for review for sufficiency to file criminal charges or to commence a civil action. (e) Within a reasonable period of time after receipt of all materials from the council, the city attorney's office shall provide the council with a written report explaining its decision whether or not to commence a criminal or civil action. (Ord. No. 17350, § 3, 5-8-86) Sec. 91.04. Search warrant costs. (a) When police officers, during the execution of a search warrant on a privately owned building or dwelling, find any illegal drug as defined in Chapter 152 of Minnesota Statutes and in a quantity of one-eighth of an ounce by weight or more, the police department shall cause to be sent to the owner of said building or dwelling a registered letter informing the owner of the fact that a search warrant was executed on the premises, the evidence seized and a copy of the search warrant itself. The letter shall recommend that the owner explore all options as to terminating the tenancy involved in the search warrant and offer police assistance, including enforcement of any court orders obtained by the owner, providing the owner makes a good faith effort. (b) The billing for such services may be waived, or if a registered bill has been sent, it may be waived by the police department in those cases where the owners of the parcels in question demonstrate a good faith effort on their part to resolve such problems on their parcels. (c) If the owner does not make a good faith effort and should police officers execute a second search warrant on the same building or dwelling and at the same unit or for the same person, and any illegal drug of the kind and in the amount described above is found, the police department sha11 send a registered bill to the owner thereof. Such bill, if sent, shall fully set forth the facts surrounding the execution of the second warrant and contain a detailed itemization of the costs incurred and reasonably related to the execution of the second warrant. (d) If the registered bill is not paid, the police department shall refer the matter to the city attorney, who may, after considering the relevant factors, bring an action against the property owner for unjust enrichxnent and take judgement against the owner. (Ord. No. 17674, § 1, 8-17-89) http://freedom.stpaul.gov/stpauUlegislative/ac091.htm1 10/20/97 1 R 55'oblair 36-29-23-22-0070 RESIDENT 550 BLAIk A�Tc ST. PAUZ,:�7 55103-1637 2 F 556blair 36-29-23-22-0071 GARY R BACKES SHERRIL A BACKES 1425 16�TH ST W ROSEMOUNT MN 55065-6055 2 F 556blair 36-29-23-22-0072 CHARLE3 T DRAKE 578 LONESOME PINE TRAIL LINO LAKES MN 55014-5479 0 F 556blair 36-29-23-22-0073 THE CHURCH OF ST AGN'ES 548 LAFGND AVE ST PAUL MN 55103-16'J2 1 r 556blair 3'0-29-23-22-0075 PANG VANG TCHUYI VANG 519 LAFOND AVE ST PALZ MN 55103-1673 1 r 556blair 36-29-23-22-0077 JOSEPH A& JIIDITH C LAZARICFi 505 LAFOND AVE ST PAUL MINN 55103-1673 2 R 556blair 36-29-23-22-0078 RESSDENT 503 LAFOND AVE ST. PAUL MN 55103-1673 1 r 556blair 36-29-23-22-0080 JOHN A KANE SO1 LAFOND AVE ST PAUL MN 55103-1673 2 F 556blair 36-29-23-22-0148 CHOU SOM CHA YANG 6A3 KENT ST ST PAUL MbT 55103-1616 1 R 556blair 36-29-23-22-0174 RESIDENT 637 KENT ST ST. PAUI, MN 55103-1616 2 T 556blair 36-29-23-22-GO]1 GARY R BAC�S SHERILL A BACKES 1425 160TH ST W ROS�MOUNT MN 55068-6055 2 R 556blair 36-29-23-22-0071 RESIDENT 556 BLAIR AVE ST. PAUL MN 55103-1637 2 R 556blair 36-29-23-22-0�7'L RESIDENT 648 KENT ST ST. PaUL MN 55103-1617 '_ F 556blair 36-29-23-22-0074 YENNETH G& SHARO:1 R HOLMGREN 523 LAFOND AVE ST PAUL NIIQ 55103-1673 1 F 556blair 36-29-23-22-0076 JOSEPH A LAZARICEi ' 515 Iu�FOND AVE ST PAUI, MN 55103-1673 ' 2 F 556blair 36-29-23-22-0078 � MICHAEL R STEPHENS KAREN E STEPHENS 5904 BLACKBERRY TRAI:� INVER GROVS HEIGiiTS MN 55076-1557 1 F 556blair 36-29-23-22-0079 '�� DERRICK TAOOLRIDGE 639 MACKUBIN ST � ST PAUL MN 55103-1624 \ 1 F 556blair 36-29-23-22-0147 �' LELAND L& RUTH C FIRKUS 661 KENT ST N ST PAUL MINN 55103-1646 �� 1 F 556blair 36-29-23-22-01?4 GARY F& LYNN C WICKENHOUSER SO55 GRAFTON AVE S COTTAGE GROVE MN 55016-2624 1 F 556blair 36-29-23-22-0175 MARCIE A PARKER 633 KENT ST ST PAUL MN 55103-1616 1 F 556blair 36-29-23-22-0055 JOAN M FITZGERnrn 507 BLAIR AVE ST PAUL MN 55103-1536 0 F 556blair 36-29-23-22-0056 NSCKEL ASSOCIATE5 501 BLAIR AVE ST PAUL MN 55103-1636 2 F 556blair 36-29-23-22-0058 JOSEPH G KOME20 JR 645 MACKUBIN ST N ST PAUL MN 55103-1624 1 F 556blair 36-29-23-22-0060 HAROLD J MILiER KATHERINE MILLER L E 512 BLAIR AVE ST PAUL MN 55103-1637 1 T 556blair 36-29-23-22-0062 GREGORY T MCBRIDE FELECIA B MCBRIDE 522 BLAIR AVE ST PAUL MN 55103-1637 1 F 556blair 36-29-23-22-0063 EVA KIMBROUGH 526 BLAIR AVE ST PAUL MI3 55103-1637 1 R 556blair 36-29-23-22-0064 RESIDENT 528 BLAIR AVE ST. PAUL MN 55103-1637 2 F 556blair 36-29-23-22-0066 KEVIN L KITTILSON & VICTORIA L WOOD-WEBER 538 BLAIR AVE ST PAUL MINN 55103-1637 2 F 556blair 36-29-23-22-0067 JERALDYNE P DABE 9150 INVER GROVE TRAIL INVER GROVE HEIGHTS NIN 55076-3712 2 F 556blair 36-29-23-22-0069 RANDIE D WILLIAMS 548 BLAIR ST ST PAUL MN 55103-1637 0 T 556blair 36-29-23-22-0056 KF�LAW PARTNERS C/O MIKE KAL25 501 BLAIR AVE ST PAUL MN 551�3-1636 1 F 556blair 36-29-23-22-0057 JOSEPH G KONRO JR 651 MACKUBIN S^1 ST PAUL MN 55103-1624 2 E 556blair 36-29-23-22-0059 SYLVIA PEREZ 508 BLAIR A`JE ST PAUL MN 55103-1637 i F 556blair 36-29-23-22-0061 DUANE & DONNA NEURER 514 BLAIR AVE ST PAUL MINN 55103-1637 1 c^ 556blair 36-29-2's-22-0062 LYNN D BOYS 522 BLF,IR AVE ST Pt-�UL MN 55103-1637 1 F 556blair 36-29-23-22-0064 BICHARD L ILSDROWSKI 9340 MENUEL ROAD ",7 STILLWATER MN 55082-8430 1 F 556blair 36-29-23-22-0065 FRANK J THILL RENEE EISENHAUER 534 BLAIR AVE ST PAUL MN 55103-1637 '� 2 T 556blair 36-29-23-22-0067 GERALD BENFORD MARIA BENFORD 542 BLAIR AVE ST PAUL NIN 55103-1637 1 F 556blair 36-29-23-22-0068 JOSEPH P COLLINS 546 BLAIR AVE ST PAUL MN 55103-1637 1 F 556blair 36-29-23-22-0070 JOSEPA E BALTIERREZ 598 BLAIR AVE ST PAUL MN 55103-1638 2 T 556blair 36-29-23-22-0041 RESR2 S JAIN 625 OWASSO BLVD S ROSEVILLE MPT 55113-2147 2 R 556blair 36-29-23-22-0041 RESIDENT 559 BLAIR AVE ST_ PAUL MN 55103-1636 1 R 556blair 36-29-23-22-0042 RESIDENT 555 BLAIR AVE ST. PAUL NIN 55103-1636 j _ . _ .— ___ _ - _ - _ _ — 1 F 556blair 36-29-23-22-0044 CHONG V HER YAO V HER 551 BLAIR AVE ST PAUL MN 55103-1636 1 R 556blair 36-29-23-22-0045 RESIDENT 547 BLAIR AVE 5T. PAiJL MN 55103-1`036 1 F 556blair 36-29-23-22-��47 H L BERGLUND ET AL 539 BLAIR AVE ST PAUL MN 55103-1636 1 R 556blair 36-29-23-22-0048 RESIDENT 533 BLAIR AVE ST. PAUL MN 55103-1636 3 F 556blair 36-29-23-22-0049 MICHAEL P pETERSON 529 BLAIR AVE ST PALIL MN 55103-1636 2 F 556blair 36-29-23-22-0051 RICHARD A MOORE 521 BLAIR AVE ST PAUL MN 55103-1636 1 F 556blair 36-29-23-22-0053 JOSEPH E ST GERMAIN 515 BLAIR AVE ST PAUL MN 55103-1636 2 F 556blair 36-29-23-22-0041 AUGUST J HEMPEL DELORES M HEMPEL 97 MAYWOOD PLACE ST PAUL MINN 55117-5621 1 £ 556blair 36-29-23-22-0042 RICHARD L KEDROWSKI 9340 MENDEL ROAD N STILLWATER MP7 55082-8430 1 F 556blair 36-29-23-22-0043 OLENDER T& DOROTHY P IVERSON 553 BLAIR AVE ST PAUL MINN 55103-1636 1 F 556blair 36-29-23-22-0045 NORTH CENTRAL BAFTIST CHURCH 392 UNIVERSITY AVE W ST PAUL MN 55103-1933 1�F 556blair 36-29-23-22-0046 XSONG VANG YER LEE 543 BLAIR ST ST PAUL MN 55103-1636 1 F 556blair 36-29-23-22-0048 JACQUELINE THOMPSON 533 BLAIR AVE ST PAUL MN 55104-1636 3 T 556blair 36-29-23-22-0049 MICHAEL P PETERSON 529 BLAIR AVE APT 1 ST PAUL MN 55103-1636 1 F 556blair 36-29-23-22-0050 MARYANNE WOLKERSTORFER ETAL 527 BLAIR AVE ST PAUL MN 55103-1636 1 F 556blair 36-29-23-22-0052 CHAU NGOC TRAN & TAM THANH LE 519 BLAIR AVE ST PAUL MN 55103-1636 2 F 556blair 36-29-23-22-0054 ROBERT A BECKER & PATRICIA A BECKER 511 BLAIR AVE ST PAUL MN 55103-1636 CITIZEN SERVICE OFFICE Fred Owusu, C"ity Qerk CITY OF SAINT PAUL No�m Co[eman, Mayor TO: Council President Da�e Thune FROM: Fran Swanson, Deputy City Clerk i� � DATE: 170 Cily Hall 15 W. %ellogg Bouleva�d Saixt Pau� Mirsnesom 55102 Petition to secure a public hearing for 556-558 Blair Avenue October 20, 1997 TeL: 672266-8989 Fax 612266-8689 wee: hup:/�www..,7pauzgov TDD: 2668509 Attached is a copy of a petition received in the City Clerk's Office, which alleges a public nuisance as outlined in Chapter 91 of the St. Paul Administrative Code. As required by Chapter 91, the City Clerk's Office has reviewed the petition to ascertain if 60% of the owners and tenants within a one block area of the alleged public nuisance ha�e signed the petition. While it is clear that the petition has not been signed by 60% of the owners and tenants within one block, it is difficult to determine the e�ct percentage. The difficulty arises from the lack of any accurate list of tenants. The Valuation Division can only supply my office with a list of owners within a one block radius (see attached). Under Section 91.03, the City Council may, in its discretion, accept the petition and schedule a public hearing or return the petition to the petitioners for additional signatures. As required by Council procedure, I am forwarding the petition to you for fiuther action. If you ha�e any questions, please ca11 me at 266-8690. Enc. cc: Councilmember Jerry Blakey Legislative Aide Gerry McInerney Nancy Anderson Johnny Howard - Thomas-Dale Block Club Ina 1034 Lafond Avenue � # � PUBLIC �ti UISANCE PETITIO��� 5�6-»8 BLAIR AVE�'�'L�E � R�hereas, the Landlord and �znants of >j6-»8 Blair �venue maintain a public nuisance we aliz�e the ioliow�ine: t� her�as, the landtord has allo�c•ed [hz cnrrent tenants occupyin� this propertv to maintain conditions crea[ine a oublic nuisance. � ���hereas, there are fighcs, loud noise at ail hours, disruptive behavior, and public drinkine. «�hereas, the city of St. Paul Legislative Code Chaoter 231 describes a Public Vuisance and ZVhereas, these conditions over the past year have unreasonabiy annoyed, endan�ered [he safery and disrupted :re ccm;on and repose of a considerable number of the members of the pubiic. � � Therefore, since Lhe tenants and landlord maintain a Pubiic Nuisance and are guilty of a misdemeanor, we request that the entire building be vacated and the building remain vacant for the period of one year. � � PUBLIC :�"L%7SA.�'CE PETITID��" 5�6-»8 BLAIR AVE�Z � Lt'nereas, the Landlord and tenan[s of »6-»8 Blair :�venue maintain a pubfic nuisance we al(e�e the �ollowing; «'hereas, the Iandlord has allou�ed the current tenants occupyin� this property to maintain conditions crea[ing a public nuisance. �Z'hereas, there are fighcs, toud noise at all hours, disruptive behavior, and public drinkine, �Z the city of St. Paul Ledisiacice Code Chapter 231 describes a Public Nuisance and ��"hereas, these conditions over the pas[ year have unreasonably annoyed, endangered the safery and disrupted [he comfort and repose of a considerable number of [he members of the public. � � � S Therefore, since the tenanu and landlord maintain a Public Nuisance and are guilty of a misdemeanor, we request that the eniire building be vacated and the building remain vacant for the period of one year. � � ,�/ PG'BLIC :����ISA��'CE PETITIOs�" 5�6—»8 BL_4IR _4VE:i�"��E �� «hereas, thz i,andlord and tenants of »60�8 Btair:avenue,maintain a public nuisar,ce we atfeee tnz iottowing: � R�hereas, the landlord has alle�c�ed [he .::rrent tenants xcupyine this propertv [o main[a:n condirons creatina eublic nuisance. ' - «�hereas, there are fights, loud noise at al( hours, disruptive behavior. and oublic drinkino. R hereas, !he city of St. Paul Leoislativ: Code Chao�er 231 describes a Public �uisance and �`�hereas, these conditions over the past year have unreasonabty annoyed. endan�ered [he safety and disrup[ed the comfo;t and repose of a considerabfepumber of the members of the public. . � Therefore, since the tenants and landlord maintain a Public Nuisance and are guilty of a misdemeanor, we request that the entire building be vacated and the building remain vacant for the period of one year. Council File # g� �'� Q� RESOLUTION CITY OF rr�n�ea Referred To Green Sheet # ( Committee Date �� 1 WHEREAS, a petition has been received in the oflice of the City Clerk alleging public nuisances at 556-558 Blair 2 Ave. ("Petition") and 3 WHEREAS, the City Clerk was unable to verify whether said petitions satisfied the sixty percent requirement of 4 Administrative Code section 91.03; however, pursuant to the same section of the Administrative Code, the Council 5 may accept the petition and schedule and conduct a public hearing atter proper notice has been provided to the 6 affected property owner(s). 7 NOW, THEREFORE, BE TT RESOLVED BY THE SAINT PAUL CITY COUNCIL: 8 The Petition is hereby accepted pursuant to section 91.03(a} of the Administrative Code and a public hearing will 9 be held by the Council on such petition on I✓ov��bez f2 i i99� , beginning at 430 p.m. pursuant to section 10 91.03 of the Administrarive Code after proper notice is given to the owner{s) of the affected property by the Council 11 Secretary. The purpose of the public hearing is set forth at sec6on 91.03(d) of the Administrative Code: 12 The Council shall consider all written and oral testimony elicited at the public 13 hearing, as well as the documents attached to the petition, and shall, by resolution, 14 either return the matter to the petitioners for insufficient evidence to support the 15 allegations or refer it to the City Attorney's Office for review for sufficiency to 16 file criminal chazges or to commence a civil action. Requested by Dapartment of. Adoption Certified by Council Secretary � Form Approved by City Anorney � Approved by Mayor for Submission to Council BY� �....�� � By: Approved by Mayor: Date �, � � 1. t S Y MINNESOTA By: �----_. AdoptedbyCouncIl: Date Q�. �q ��lq� �— GREEN SHEET TOTAL # OF S{GNATURE PAGES Accepting a petiti� alleging public v�tisances at 556-558 BLtir Ave. and setting date of Ciry Council Public Heating on such pefifions for Novembet �; 1997 at 4:30 p.m., Ciry Councii, Third F7oor, City Hali. PVINNING COMMISSION CIB COMMITTEE CIVII SERYICE COMMISSION �.�� ❑ CIIYAiTdYEY ❑ CIIYtl.iRK ❑ AI�IYJ�I.SFAlI1CFJOR. ❑ RYIIIq111.fE0lf�CCiO ❑wroRCOrt�s.fO*4+n ❑ (CLIP ALL LOCATIONS FOR SIGNATUR� u� tn� ce�� �r won«a uoa� a cartr�a rumw ce�menn vES tao Has thie x«soNfirm ever heen a aty emckyee4 YFS NO Oaes this PersaNS�n Poscess a SIdN not nolmalMP� bY anY cufrent citY emPbY�T YES NO Is thia pelsoMrm a fargeted vertdaf7 . YES NO 9�-\�0.5 r,o 605'74 � �� TAL AMOUNT OF TRANSACTION S CO57/REVENUE BUD(iEfED (CIRCLE ONE) YES NO �OINfi SOURCH AGTMTY NIHiBER NCVL N1FOIifMTfON (E%P Wl� Council File # q� -13 o�' RESOLUTION Referred To CITY OF S�4INTRAI}L, MINNESOTA Green Sheet # G�S�t � �� J � . �l ' 'Z Committee Date WHEREAS, a petition has been received in the office of tl�e City Clerk allegin�public nuisances at 556-558 Blair Ave. ("Petition") and / WHEREAS, the City Clerk was unable to verify whether said petitions sa sfied the sixty percent requirement of Administrative Code aection 91.03; however, pursuant to the same section f the Administrative Code, the Counci( may accept the petition and schedule and conduct a public hearing afte proper notice has been provided to the afTected property owner(s). NO�V, TI3EREFORE, BE IT RESOLVEll I3Y T13E SAINT PAU�, C1TY COUNCIL: _�_ , � � The Petition is hereby accepted pursuant t c�n 91.03(a) of tlie�l��inistrative Code a a public hearing wi� be held by the Council on such petition o�/✓^v�n�l�� ��z i>'1 � , tfeginning at 4:30 p.m. p��stLant to ,section 91.03 ofthe Administrative Code after prop r�notice is_giyen tolhe o ner(s) of the af�'ected property by the Council Secretary. The purpose of the public hearing is set forth at section 91.03(d) of the Administrative Code: The Council shall consider ap written and oral testimony elicited at the public hearing, as well as the documents attached to the petition, and shall, by resolution, either retum the matter to the petitioners for insuf�icient evidence to support the allegations or refer it to the City Attorney's Otlice for review for suf�iciency to file criminal charges or to commence a civil action. Requested by Department oC: Adoplion Certitied by Counci! Secretary BY' � '_--� �F-�'� ' �;�Ip}>{o�e�l by Mayor: Date � . •.l�� , � � � Form Approved by City Attorney � Approved by Mayor for Submission to Council � Adopted by Council: Date Q�,�9 � ac091.htm1 at freedom.stpaul.gov Page 1 of 3 Chapter 91. Procedure for Public Hearings Regarding Public Nuisances* *Editor's note--Section 4 of Ord. No. 17350, adopted May 8, 1986, provided that the provisions of said ordinance be incorporated into the Administrative Code, but did not specify the manner of such incorporation. At the editor's discretion, therefore, §§ 1--3 of Ord. No. 17350 have been codified as a new Ch. 91 to Title IV, §§ 91.01--91.03. Legislative Code reference--For provisions pertaining to liquor and beer, see Title XXIV; sale and possession of narcotics, Ch. 250; gambling, Ch. 270; disorderly houses, Ch. 271; noise regulations, Ch. 293. Sec. 91.01. Declaration of policy. The council finds that the protection of the peace, comfort and decency of the city's neighborhoods and the enforcement of the criminal laws relating to disorderly houses, the illegal sale of alcohol and controlled substances, gambling and prostitution are fostered through the continued cooperation between the city and its residents. In order to sustain that cooperation, the council hereby creates a procedure whereby residents of the city may petition the council to hold a public hearing regarding, and to commence legal action against, alleged public nuisances in their neighborhoods. (Ord. No. 17350, § 1, 5-8-86) Sec. 91.02. Definitions. For purposes of this chapter, the terms defined in this section shall have the meanings ascribed to them. Disorderly house shall have the meaning ascribed to it by either state law or Legislative Code for the City of Saint Paul. Gambling shall have the meaning ascribed to it by state law. Illegal sale of intoxicating or nonintoxicating malt liquor shall mean any or all of those situations in which the provisions of state law or of the Legislative Code of the City of Saint Paul relative to the sale of intoxicating or noninto�cating malt liquor have been violated. Nuisance or public nuisance shall have the meaning ascribed to it by state law and shall include, but not be limited to, tippling houses, after-hours establishments, locations at which illegal sales of intoxicating liquor or nonintoxicating liquor or controlled substances are made, and vacant dilapidated buildings. Possession or sale of a controlled substance shall have the meaning ascribed to it by http://freedom.stpaul.gov/stpaul/legislative/ac091.htm1 10/20/97 ,i ac091.htm1 at freedom.stpaul.gov Page 2 of 3 state law. Prostitution or acts of prostitution shall have the meaning ascribed to them by state law. (Ord. No. 17350, § 2, 5-8-86) Sec. 91.03. Petition procedure. (a) Upon the filing of a petition in writing signed by sixty (60) percent of the owners and tenants of all private residences, dwellings and apartment houses located in an area one block in any direction from the alleged public nuisance, and upon verification of those signatures by the office of the city clerk, the council sha11 schedule a public hearing concerning the allegations set forth. All petitions, includ'mg those containing an insufficient nuxnber of signatures, shall be referred to the council by the city clerk. With respect to petitions containing less than the sixty (60) percent required signatures, the council may, in its discretion, accept the petition and schedule a public hearing or return the petition to the petitioners for additional signatures. (b) The petition shall contain: (1) At the top of each page of signatures, a statement alleging the operation or existence of a public nuisance at a specific and dress. Such allegation shall be based on and make reference to supporting documentation attached to the petition. (2) The signer's address and status, i.e., owner, owner and occupant or tenant, shall follow each signature. Signatures of guests ar visitors, whether short or long term, shall not be permitted or considered in meeting the required percentage; and (3) Supporting documentation, whether police reports and/or affidavits of signers or others with first-hand knowledge of the occurrences inside the alleged public nuisance. Such documentaxion shall show any or all of the following occurrences as a result of the operation or e�stence of the alleged public nuisance: a. Noise; b. Litter; c. Parking problems; d. Increased vehicular traffic; e. Other proof showing that the peace, comfort or decency of the neighborhood has been repeatedly disturbed; f. Prostitution or acts of prostitution; g. Gambling; h. Sale or possession of controlled substances; http://freedom.stpaul.gov/stpauUlegislative/ac091.htm1 10/20/97 ac091.hhn1 at freedom.stpaul.gov Page 3 of 3 i. Previous criminal convictions by the owner and/or operator of the alleged public nuisance for operating a disorderly house at this same address. (c) The owner and/or operator of the alleged public nuisance shall be mailed written notice of the public hearing and shall be pernutted to testify at the hearing. (d) The council shall consider all written and oral testimony elicited at the public hearing, as well as the docuxnents attached to the petition, and shall, by resolution, either return the matter to the petitioners for insufficient evidence to support the allegations or refer it to the city attorney's office for review for sufficiency to file criminal charges or to commence a civil action. (e) Within a reasonable period of time after receipt of all materials from the council, the city attorney's office shall provide the council with a written report explaining its decision whether or not to commence a criminal or civil action. (Ord. No. 17350, § 3, 5-8-86) Sec. 91.04. Search warrant costs. (a) When police officers, during the execution of a search warrant on a privately owned building or dwelling, find any illegal drug as defined in Chapter 152 of Minnesota Statutes and in a quantity of one-eighth of an ounce by weight or more, the police department shall cause to be sent to the owner of said building or dwelling a registered letter informing the owner of the fact that a search warrant was executed on the premises, the evidence seized and a copy of the search warrant itself. The letter shall recommend that the owner explore all options as to terminating the tenancy involved in the search warrant and offer police assistance, including enforcement of any court orders obtained by the owner, providing the owner makes a good faith effort. (b) The billing for such services may be waived, or if a registered bill has been sent, it may be waived by the police department in those cases where the owners of the parcels in question demonstrate a good faith effort on their part to resolve such problems on their parcels. (c) If the owner does not make a good faith effort and should police officers execute a second search warrant on the same building or dwelling and at the same unit or for the same person, and any illegal drug of the kind and in the amount described above is found, the police department sha11 send a registered bill to the owner thereof. Such bill, if sent, shall fully set forth the facts surrounding the execution of the second warrant and contain a detailed itemization of the costs incurred and reasonably related to the execution of the second warrant. (d) If the registered bill is not paid, the police department shall refer the matter to the city attorney, who may, after considering the relevant factors, bring an action against the property owner for unjust enrichxnent and take judgement against the owner. (Ord. No. 17674, § 1, 8-17-89) http://freedom.stpaul.gov/stpauUlegislative/ac091.htm1 10/20/97 1 R 55'oblair 36-29-23-22-0070 RESIDENT 550 BLAIk A�Tc ST. PAUZ,:�7 55103-1637 2 F 556blair 36-29-23-22-0071 GARY R BACKES SHERRIL A BACKES 1425 16�TH ST W ROSEMOUNT MN 55065-6055 2 F 556blair 36-29-23-22-0072 CHARLE3 T DRAKE 578 LONESOME PINE TRAIL LINO LAKES MN 55014-5479 0 F 556blair 36-29-23-22-0073 THE CHURCH OF ST AGN'ES 548 LAFGND AVE ST PAUL MN 55103-16'J2 1 r 556blair 3'0-29-23-22-0075 PANG VANG TCHUYI VANG 519 LAFOND AVE ST PALZ MN 55103-1673 1 r 556blair 36-29-23-22-0077 JOSEPH A& JIIDITH C LAZARICFi 505 LAFOND AVE ST PAUL MINN 55103-1673 2 R 556blair 36-29-23-22-0078 RESSDENT 503 LAFOND AVE ST. PAUL MN 55103-1673 1 r 556blair 36-29-23-22-0080 JOHN A KANE SO1 LAFOND AVE ST PAUL MN 55103-1673 2 F 556blair 36-29-23-22-0148 CHOU SOM CHA YANG 6A3 KENT ST ST PAUL MbT 55103-1616 1 R 556blair 36-29-23-22-0174 RESIDENT 637 KENT ST ST. PAUI, MN 55103-1616 2 T 556blair 36-29-23-22-GO]1 GARY R BAC�S SHERILL A BACKES 1425 160TH ST W ROS�MOUNT MN 55068-6055 2 R 556blair 36-29-23-22-0071 RESIDENT 556 BLAIR AVE ST. PAUL MN 55103-1637 2 R 556blair 36-29-23-22-0�7'L RESIDENT 648 KENT ST ST. PaUL MN 55103-1617 '_ F 556blair 36-29-23-22-0074 YENNETH G& SHARO:1 R HOLMGREN 523 LAFOND AVE ST PAUL NIIQ 55103-1673 1 F 556blair 36-29-23-22-0076 JOSEPH A LAZARICEi ' 515 Iu�FOND AVE ST PAUI, MN 55103-1673 ' 2 F 556blair 36-29-23-22-0078 � MICHAEL R STEPHENS KAREN E STEPHENS 5904 BLACKBERRY TRAI:� INVER GROVS HEIGiiTS MN 55076-1557 1 F 556blair 36-29-23-22-0079 '�� DERRICK TAOOLRIDGE 639 MACKUBIN ST � ST PAUL MN 55103-1624 \ 1 F 556blair 36-29-23-22-0147 �' LELAND L& RUTH C FIRKUS 661 KENT ST N ST PAUL MINN 55103-1646 �� 1 F 556blair 36-29-23-22-01?4 GARY F& LYNN C WICKENHOUSER SO55 GRAFTON AVE S COTTAGE GROVE MN 55016-2624 1 F 556blair 36-29-23-22-0175 MARCIE A PARKER 633 KENT ST ST PAUL MN 55103-1616 1 F 556blair 36-29-23-22-0055 JOAN M FITZGERnrn 507 BLAIR AVE ST PAUL MN 55103-1536 0 F 556blair 36-29-23-22-0056 NSCKEL ASSOCIATE5 501 BLAIR AVE ST PAUL MN 55103-1636 2 F 556blair 36-29-23-22-0058 JOSEPH G KOME20 JR 645 MACKUBIN ST N ST PAUL MN 55103-1624 1 F 556blair 36-29-23-22-0060 HAROLD J MILiER KATHERINE MILLER L E 512 BLAIR AVE ST PAUL MN 55103-1637 1 T 556blair 36-29-23-22-0062 GREGORY T MCBRIDE FELECIA B MCBRIDE 522 BLAIR AVE ST PAUL MN 55103-1637 1 F 556blair 36-29-23-22-0063 EVA KIMBROUGH 526 BLAIR AVE ST PAUL MI3 55103-1637 1 R 556blair 36-29-23-22-0064 RESIDENT 528 BLAIR AVE ST. PAUL MN 55103-1637 2 F 556blair 36-29-23-22-0066 KEVIN L KITTILSON & VICTORIA L WOOD-WEBER 538 BLAIR AVE ST PAUL MINN 55103-1637 2 F 556blair 36-29-23-22-0067 JERALDYNE P DABE 9150 INVER GROVE TRAIL INVER GROVE HEIGHTS NIN 55076-3712 2 F 556blair 36-29-23-22-0069 RANDIE D WILLIAMS 548 BLAIR ST ST PAUL MN 55103-1637 0 T 556blair 36-29-23-22-0056 KF�LAW PARTNERS C/O MIKE KAL25 501 BLAIR AVE ST PAUL MN 551�3-1636 1 F 556blair 36-29-23-22-0057 JOSEPH G KONRO JR 651 MACKUBIN S^1 ST PAUL MN 55103-1624 2 E 556blair 36-29-23-22-0059 SYLVIA PEREZ 508 BLAIR A`JE ST PAUL MN 55103-1637 i F 556blair 36-29-23-22-0061 DUANE & DONNA NEURER 514 BLAIR AVE ST PAUL MINN 55103-1637 1 c^ 556blair 36-29-2's-22-0062 LYNN D BOYS 522 BLF,IR AVE ST Pt-�UL MN 55103-1637 1 F 556blair 36-29-23-22-0064 BICHARD L ILSDROWSKI 9340 MENUEL ROAD ",7 STILLWATER MN 55082-8430 1 F 556blair 36-29-23-22-0065 FRANK J THILL RENEE EISENHAUER 534 BLAIR AVE ST PAUL MN 55103-1637 '� 2 T 556blair 36-29-23-22-0067 GERALD BENFORD MARIA BENFORD 542 BLAIR AVE ST PAUL NIN 55103-1637 1 F 556blair 36-29-23-22-0068 JOSEPH P COLLINS 546 BLAIR AVE ST PAUL MN 55103-1637 1 F 556blair 36-29-23-22-0070 JOSEPA E BALTIERREZ 598 BLAIR AVE ST PAUL MN 55103-1638 2 T 556blair 36-29-23-22-0041 RESR2 S JAIN 625 OWASSO BLVD S ROSEVILLE MPT 55113-2147 2 R 556blair 36-29-23-22-0041 RESIDENT 559 BLAIR AVE ST_ PAUL MN 55103-1636 1 R 556blair 36-29-23-22-0042 RESIDENT 555 BLAIR AVE ST. PAUL NIN 55103-1636 j _ . _ .— ___ _ - _ - _ _ — 1 F 556blair 36-29-23-22-0044 CHONG V HER YAO V HER 551 BLAIR AVE ST PAUL MN 55103-1636 1 R 556blair 36-29-23-22-0045 RESIDENT 547 BLAIR AVE 5T. PAiJL MN 55103-1`036 1 F 556blair 36-29-23-22-��47 H L BERGLUND ET AL 539 BLAIR AVE ST PAUL MN 55103-1636 1 R 556blair 36-29-23-22-0048 RESIDENT 533 BLAIR AVE ST. PAUL MN 55103-1636 3 F 556blair 36-29-23-22-0049 MICHAEL P pETERSON 529 BLAIR AVE ST PALIL MN 55103-1636 2 F 556blair 36-29-23-22-0051 RICHARD A MOORE 521 BLAIR AVE ST PAUL MN 55103-1636 1 F 556blair 36-29-23-22-0053 JOSEPH E ST GERMAIN 515 BLAIR AVE ST PAUL MN 55103-1636 2 F 556blair 36-29-23-22-0041 AUGUST J HEMPEL DELORES M HEMPEL 97 MAYWOOD PLACE ST PAUL MINN 55117-5621 1 £ 556blair 36-29-23-22-0042 RICHARD L KEDROWSKI 9340 MENDEL ROAD N STILLWATER MP7 55082-8430 1 F 556blair 36-29-23-22-0043 OLENDER T& DOROTHY P IVERSON 553 BLAIR AVE ST PAUL MINN 55103-1636 1 F 556blair 36-29-23-22-0045 NORTH CENTRAL BAFTIST CHURCH 392 UNIVERSITY AVE W ST PAUL MN 55103-1933 1�F 556blair 36-29-23-22-0046 XSONG VANG YER LEE 543 BLAIR ST ST PAUL MN 55103-1636 1 F 556blair 36-29-23-22-0048 JACQUELINE THOMPSON 533 BLAIR AVE ST PAUL MN 55104-1636 3 T 556blair 36-29-23-22-0049 MICHAEL P PETERSON 529 BLAIR AVE APT 1 ST PAUL MN 55103-1636 1 F 556blair 36-29-23-22-0050 MARYANNE WOLKERSTORFER ETAL 527 BLAIR AVE ST PAUL MN 55103-1636 1 F 556blair 36-29-23-22-0052 CHAU NGOC TRAN & TAM THANH LE 519 BLAIR AVE ST PAUL MN 55103-1636 2 F 556blair 36-29-23-22-0054 ROBERT A BECKER & PATRICIA A BECKER 511 BLAIR AVE ST PAUL MN 55103-1636 CITIZEN SERVICE OFFICE Fred Owusu, C"ity Qerk CITY OF SAINT PAUL No�m Co[eman, Mayor TO: Council President Da�e Thune FROM: Fran Swanson, Deputy City Clerk i� � DATE: 170 Cily Hall 15 W. %ellogg Bouleva�d Saixt Pau� Mirsnesom 55102 Petition to secure a public hearing for 556-558 Blair Avenue October 20, 1997 TeL: 672266-8989 Fax 612266-8689 wee: hup:/�www..,7pauzgov TDD: 2668509 Attached is a copy of a petition received in the City Clerk's Office, which alleges a public nuisance as outlined in Chapter 91 of the St. Paul Administrative Code. As required by Chapter 91, the City Clerk's Office has reviewed the petition to ascertain if 60% of the owners and tenants within a one block area of the alleged public nuisance ha�e signed the petition. While it is clear that the petition has not been signed by 60% of the owners and tenants within one block, it is difficult to determine the e�ct percentage. The difficulty arises from the lack of any accurate list of tenants. The Valuation Division can only supply my office with a list of owners within a one block radius (see attached). Under Section 91.03, the City Council may, in its discretion, accept the petition and schedule a public hearing or return the petition to the petitioners for additional signatures. As required by Council procedure, I am forwarding the petition to you for fiuther action. If you ha�e any questions, please ca11 me at 266-8690. Enc. cc: Councilmember Jerry Blakey Legislative Aide Gerry McInerney Nancy Anderson Johnny Howard - Thomas-Dale Block Club Ina 1034 Lafond Avenue � # � PUBLIC �ti UISANCE PETITIO��� 5�6-»8 BLAIR AVE�'�'L�E � R�hereas, the Landlord and �znants of >j6-»8 Blair �venue maintain a public nuisance we aliz�e the ioliow�ine: t� her�as, the landtord has allo�c•ed [hz cnrrent tenants occupyin� this propertv to maintain conditions crea[ine a oublic nuisance. � ���hereas, there are fighcs, loud noise at ail hours, disruptive behavior, and public drinkine. «�hereas, the city of St. Paul Legislative Code Chaoter 231 describes a Public Vuisance and ZVhereas, these conditions over the past year have unreasonabiy annoyed, endan�ered [he safery and disrupted :re ccm;on and repose of a considerable number of the members of the pubiic. � � Therefore, since Lhe tenants and landlord maintain a Pubiic Nuisance and are guilty of a misdemeanor, we request that the entire building be vacated and the building remain vacant for the period of one year. � � PUBLIC :�"L%7SA.�'CE PETITID��" 5�6-»8 BLAIR AVE�Z � Lt'nereas, the Landlord and tenan[s of »6-»8 Blair :�venue maintain a pubfic nuisance we al(e�e the �ollowing; «'hereas, the Iandlord has allou�ed the current tenants occupyin� this property to maintain conditions crea[ing a public nuisance. �Z'hereas, there are fighcs, toud noise at all hours, disruptive behavior, and public drinkine, �Z the city of St. Paul Ledisiacice Code Chapter 231 describes a Public Nuisance and ��"hereas, these conditions over the pas[ year have unreasonably annoyed, endangered the safery and disrupted [he comfort and repose of a considerable number of [he members of the public. � � � S Therefore, since the tenanu and landlord maintain a Public Nuisance and are guilty of a misdemeanor, we request that the eniire building be vacated and the building remain vacant for the period of one year. � � ,�/ PG'BLIC :����ISA��'CE PETITIOs�" 5�6—»8 BL_4IR _4VE:i�"��E �� «hereas, thz i,andlord and tenants of »60�8 Btair:avenue,maintain a public nuisar,ce we atfeee tnz iottowing: � R�hereas, the landlord has alle�c�ed [he .::rrent tenants xcupyine this propertv [o main[a:n condirons creatina eublic nuisance. ' - «�hereas, there are fights, loud noise at al( hours, disruptive behavior. and oublic drinkino. R hereas, !he city of St. Paul Leoislativ: Code Chao�er 231 describes a Public �uisance and �`�hereas, these conditions over the past year have unreasonabty annoyed. endan�ered [he safety and disrup[ed the comfo;t and repose of a considerabfepumber of the members of the public. . � Therefore, since the tenants and landlord maintain a Public Nuisance and are guilty of a misdemeanor, we request that the entire building be vacated and the building remain vacant for the period of one year.