273341 WHITE - CITV CLERK COLLIICIl �������
PINK - FINANCE C I TY O F SA I NT PA U L
CANARV - DEPARTMENT
BLUE - MAVOR File NO•
ncil esolution
Presented By
Referred To Committee: Date
Out of Committee By Date
Whereas, City Council Resolution iVo. 273137 was adopted by the
City Council on June 7, 1979, and published in the official newspaper
of the City of Saint Paul on June 16, 1979, the said resolution vacating
portions of Hillwood Drive and Hillwood Court; and
Whereas, Section 228.05(e) of the St. Paul Legislative Code provides
that unless all of the terms and conditions contained in resolutions vacating
public streets be complied with within thirty (30) days from the
publication of the vacation resolution, the said vacation shall be null and
void provided, however, that the City Council may by five affirmative votes
adopt an amendment to the vacation resolution prior to the expiration of
the said 30-clay period so as to extend the time for cornpliance of the said
terms and conditions for an aclditional period of thirty (30) days; and
6�hereas, The Council has received a�request to exten� the time for
compliance for an additional 30-day period; now, therefore, be it
Resolved, That upon the request of the petitioner, and in accordance
with Section 228.05(e) , vacation of street Resolution C.F. No. 273137
vacating portions of Hillwood Drive and Hillwood Court be and the same is
hereby amended so as to extend the time for compliance with the terms and
conditions contained in said vacation of street resolution for an additional
30-day period.
COUIVCILMEN Requested by Department of:
Yeas Nays '
� [n Favor
Hunt
Levine __ Against BY
Maddox
Showalter
Te o �11` .1 7 1979 Form Approved by City Attorney
Adopte y Coun ' . Date U 1
C tified P• ed by Co .il Secretary R�'� T��7�?�
i
• �l Z n j9�� Approved by Mayor for Submission to Council
/1p by iVlavor: Da -
gy _ —�. BY
�.tSHED JU L 2 $ 1979
� �����
� ���� �R���
WAGNER, RUTCHICK & TROJACK, P.A. �'�'�+�° Y'� '��
ATTORNEYS AT LAW ��� �t �� �� `
W-2052 FIRST NATIONAL BANK BUILDING � E�.7�s�
332 MINNESOTA STREET
ST. PAUL. MINNESOTA 55101 I.UUf1C1! h'i"c51ClErt
D�VIC) Hr �'IOZT.d
MICHAEL P. WAGNER Ju1�7 1(� 1979 TELEPHONE 222-6349
HAROLO L. RUTCHICK AREA CoDE 612
JOHN E.TROJACK
The Honarable Victor J. medesco
7t1;. Floor - City Hall
St. Paul, riinnesota 55102
DELIVERED BY P'IESSENGER
RE: Court File No. 273137 , Vacation of Hillwood Drive and Hillwoo3
Court as more fully described in that resolution.
Dear r•ir. Tedesco:
�his is to advise that our office represents Mr. and 1��rs. Paul
Hendrickson �who are the named ►�etitioners in the above vacation.
Our office has only been recently retained on this matter, and
we have not as yet had sufficient time to fully investigate it.
Ho�aever, on the basis of preliminary inquiry, it is our belief
that a substantial inequity would result if t�Sr. and '_'=Ir'S. Hendrickson
were compelled to provide cor.mpensation and the full bond prer.lium
provided for in the subject resolution.
It is my understanding that if ?ulr. and P�Irs. Hendrickson and
L2r. and :�irs. Leonard do not comply with the terms of the vacaition
ordinance by July 16, the ordinance la�ses . From �r�hat v��e have
learned to date, T�Ir. and Mrs. Leonard do not intend to pa1 the
cor►pensation and bond premium required by the subject resolution.
My understanding of this situation is that the platting of this
area has as an integral part the vacation of the suhject streets.
If i+�ir. and �2rs. Hendrickson do not provide the compensation or
bond as required by the subject resolution, then the whole plan £or
this area will be affected.
Therefore, in order to aTlow time for our �lients to have a hearing
on this resdlution, while at the same time not jeopardizing �he entire
plan for the area, it is respectfully requested that the council,
at its meeting .of July 17, re-enact this ordinance which will be lapsed
on said date and �continue it in effect for the specified 30 days,
subjec� �-to the sar,►e conditions of compensation and bond premium
payment and filing o� said bond.
Since nxs. Butler is hospitalized, it is also respe fully requested
that r�'ir. and r2rs. Hendrickson have a hearing on t s resolution before
the Public TrJorks Comr,littee of the City of St. Pa . Your cooperation
in this matter is greatly appreciated.
tr urs,
�
o n E. ro� c
JET:cad
cc: Council President David H. Hozza