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06-140Couucil File # - /!/B Green Sheet #3029642 RESOLUTION CiTY OF SAINT PAUL, MINNESOTA Presented 1 WHEREAS, on August 7, 2002 Council File # 02-728 authorized the Mayor to execute an ab�reement accepting a$20Q000 2 grant from the Family Housing Fund for Ciry-initiated tenant remedy actions; and 3 WHEREAS, on November 13,2002 Council File #02-1070 established guidelines to be used in the expenditure of these fiutds; 4 and 5 WHEREAS, those guidelines include a limit of $3,000 in estunated unrecoverable expense, e.g. those expenses the City cannot 6 recaphve through the use of assessmenu, judgements, liens, renu or re£mancing of the property, is allowable per property when 7 using the TRA fund; and 8 VJHEREAS, the TRA at 287/287 Avon St, Saint Paul, in court order C2-OS-7096, orders the Administrator dischazged; and 9 WFIEIZEAS, this court approved the accounting of repairs incurred by V.I,P. Properties in the amount of $36,636.71; and 10 WHEREAS, the court ordered the City of St. Paul to pay V.I.P. Properties the amount of $36,636.71; and 11 WHEREAS, the dafendant in the TRA action of property at 287/2$9 Avon St, Saint Paul filed banlQUptcy on August 4, 2005 12 and did not notify Plaintiff's attorney until November 28, 2005, of that banlauptcy filing; and 13 WHEREAS, neither the Plaintiffs, the City of St. Paul, nor the Administrator were listed in the banla�aptcy as a creditor; and 14 WHEREAS, because of the baiilcruptcy the court order did not include an order for a property assessment to recovu e�cpenses; 15 and 16 WHEREAS, even though the ability to recover the fixnds through assessment is still uuknown, The Family Housing Fund desires 17 that the Adminisuator, V.I.P. Properties, be paid regardless of the eventual reimbursement or recovery of the expense; and 18 now therefore be it 19 RESOLVED, that the City Council authorizes a one-time waiver to pay V.I.P. Properties the amount of $36,636.71 and hereby 20 directs real estate staff to pursue assessment proceedings against the properiy. Absent Requested by Department of: I: . . I.... ��i� ✓ ��i.I� � L��� Thmme Adopted by Council: Date Adoption Certified by Counci] Secretary �/ By� ,��h. Approved by : D�ate �Z�� 3 (p BY� ti IM-��-o" Form Approv�ed by City Attomey BY� s �l i SGc. (7) � Form Appr �ed by ayor o Sub ' sion,to Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Shest Green Sheet � - � -- - - DG_i�� NH — Neighborhood HousinglProperty ConWCt Person & Phone: Bob Kessier 266-1927 Must Be on 1ShEBA6 07-FEB-O6 � Assign Number Por Routing Order Green Sheet N4: 3029642 0 aYei Lborhood HousinzlProoer ' I 'eie66orhoodHousinzlProuer { De�rtrnentDirector � 2 "tvAttoroev 3 b�vor's Office � Mavor/Assistant I 4 ' su�sil ` 5 i luk Ci lerk Totai # of Signature Pages _(Ciip AII Locations for Signature) Approve one-rime waiver to pay court-ordered costs in a Tenant Remedies Action for 287/284 Avon St. The property is in baulm3ptcy and it is srill unknown whether or not the cost of xepaizs can be assessed to the pzoperiy taaces and recovexed by the city. Recomme�dations: P�anning Commission CIB Committee Civii Service Commission Personal Service Contracts Must Answer the Following Questions: 1. Has this personlfirm ever wor9ced under a confract for this department? Yes No 2. Has this personlfi`m ever been a city employee? Yes No 3. Ooes this person/firrn possess a skill nat �ormally possessed by any current city empioyee? Yes No Explain all yes answers on separete sheet and attach to green sheet initiating Probiem, Issues, Opportunity (Wfio, What, When, Where, Why}: The property, 287/289 Avon St. was approved for a Tenant Remedies Action. The Adu�inis�ator has been dischazged and lus have been approved and oxdeied in C2-OS-7096 in the amount of $36,636.71. Council guidelines for TRAs in CF #02-1070 do not payment when the estimated �nrecovexable costs exceed $3,000. This property is in banlauptcy and at this time it is unkno� much of the fotal cost can ba recovered through property rax assessment. AdvanWttes If Appro�ed: The court appointed admuuuator is paid what is owed, and the city complies witfi a court order. OisadvantaqeslfApproved: T'ite funds may not be iecovered. Disadvantaqes if Not Approved: The city will not be in compliance with a court order and the administratox will not be paid i otai Amount ot 36636.71 Transaction: Pundinp Source: 040 - SpeCiaf Fund CostlRevenue Budgeted: y Activitv Number: 30254 Financial infortnation: (Explain}