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06-451Council File # Q -�/,S Green Sheet # 3030586 RESOLUTION av 1 WHEREAS, on August 7, 2002 Council File # 02-728 authorized the Mayor to execute an ageement accepting a�200,000 2 grant from the Family Housing Fund for City-initiated tenant remedy acrions; and 3 WHEREAS, on November 13,2002 Council File #02-1070 established guidelines to be used in the expenditure of these funds; 4 and 5 WHEREAS, those guidelines include a lunit of $3,000 in estimated unrecoverable expense, e.g. those expenses the City cannot 6 recapture through the use of assessments, judgements, liens, rents or refinancing of the property, is allowable per properfy when 7 using the TRA fund; and g WHEREAS, the TRA at 287/287 Avon St, Saint Paul, in court order C2-OS-7096, orders the Administrator dischazged; and 9 WHEREAS, tlus court approved the accounring of repaus incurred by V.I.P. Properties in the amount of $3,409.69; and 1 � WHEREAS, the court ordered the City of St. Paul to pay V.I.P. Properties the amount of $3,409.69; and 11 WHEREAS, the defendant in the TRA acrion of properiy at 287/289 Avon St, Saint Paul filed banla on August 4, 2005 12 and did not notify Plaintiff s attomey until November 28, 2005, of that banl¢uptcy filing; and 13 WHEREAS, neither the Plaintiffs, the City of St. Paul, nor the Administrator were listed in the bankruptcy as a creditor; and 14 WHEREAS, because of the banlmiptcy the court order did not include an order for a property assessment to recover expenses; 15 and 16 WHEREqS, even though the ability to recover the funds through assessment is still unknown, The Family Housing Fund desires 17 that the Administrator, VIP Properlies, be paid regardless of the eventual reunbursement or recovery of the expense; and 18 NOW THEREFORE be it 19 RESOLVED, that the City Council authorizes a one-time waiver to pay VIP Properties the amount of $3,409.69 and hereby 20 directs real estate staff to pursue assessment proceedings against the property. Requested by Department of: Neighborhood, Housing and Property Im r ovement � Fom By: Adoption Ceriified by Co .cil Seczetary Fonr By: i � B} Approve y : Date —/J —OJa By: CITY OF SAINT PAUL, MINNESOTA Adopted by Council: Date m(M,� l �� a���j � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � - " �.. .. .. . _ , (�o-'�J�� oepartrneqUW{ce/qouncil; , �- -, Date Initiated: NH ,` Neighborhoodl�ousinglPCOpeRy _ ,2&APR-O6 ConteEt person'& Ptione: Bob Kessler . , � 266-9013 Must Be on Council Aaen �■/ Assign Number For Routing Order 0 1 2 3 4 5 Green Sheet NO: 3030586 utileiehborLood Housin¢/Prooer I ei hborhoodHOUSin ro er De artmentDirector �' 'NAttornev �� (' `D�'�� or's Office Ma or/ASSist nt ouncil 'Citv Clerk � Citv Clerk _ I I �Total # of Signatu Pages � � (Clip All Lowtions for Signature) , . Action Requested: - - - � Approve one-fime waiver to pay court-ordered costs in a Tenant Remedies Ac6on for 287/289 Avon St. The City required the TRA Adminisixatoi fo pull pemiits and do additional iepaius. �dations: Appfove (A) or R Plannirrg t;Ortimission CI8 Eor�mittee - - - Civil Service Commission Service CoMracts Must Answer the Folfowing Questions: 1. Has this person/8rm ever worked under a wntract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firtn possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet �� " I Initiating Problem, Issues, Qpportunity (Who, What, When, Where, Why): ' i The property was approved,for_a TRA and subsequently wern into banlauptcy. The bullc of the repaus have akeady been made, ,, � ordeted, and paid by {he City from the TRA fund. This request is for additional pemuts and work required by the City, and exceeds the $3,000 limit for unrecoverable eapenses. It now appears that the City will be able to assess for recoverable costs, but ffiat has not yet been approved and ordered by the Housing Court. Advan3ages`rfApproved: � The conrt appointed administratoi is paid what is owed, and the city complies with a court order. Disadvardapes ff Aoproved: � The funds may not be recovered. ;� r��t� � ? 200G _ �_�.��, - �. Disadvantageslf NotApproved: The city will not be in compliance with a court order and the administrator will not be paid. �� I v�4Transaction: 3409.69 Cast/Revenue Budgeted: \' .-- � Fandinq Source: 040 -,SpeClal FUnd Activity Number. 30254 I j Financiallnformation: �- , . (Explain) , RECEIVED MAYOR'S OFFICE �jp � �,n? ` ��� �.�� - �� ���� � �