07-296S�:spension — 3/28/07
Presented By
RESOLUTION
CITY OF SAINT PAITL, NIINNESOTA
Council File # 07-296
Green Sheet # "��Q�°�
1 WHEREAS, the Court of Appeals for the State of Minnesota has issued a Writ of
2 Certiorari to the City Clerk of the City of Saint Paul regazding Council File No. 07-118
3 regarding the demolition of 1897 Feronia, Saint Paul, MN and has the authority to stay the
4 enforcement of the Council Resolution to protect the subject matter of the appeal pursued to
5 Counhywide Home Loans, Inc.; and
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WFIEREAS, the same Relators have requested the City Council stay execution of
Resolution No. 07-118; and
WHEREAS, the Court of Appeals in the past has remanded a Certiorari Appeal back to
the City Council to impose reasonable terms and conditions of a stay pending appeal and the
City wishes to auoid fiirther delays in the abatement action; and
WHEREAS, the Property is vacant and needs to be kept maintained and secured for
public health and safety of the surrounding neighborhood; and
WHEREAS, the City of Saint Paul requires Petitioners to maintain the exterior area free
of refuse, to cut the tall grass and weeds in the yard, and to remove snow from the public
sidewalk and keep the buildings secured against trespass; and
WHEREAS, the City risks claims far damages arising out of this nuisance condition;
NOW, THEREFORE, BE IT RESOLVED,
That the City Council will stay the enforcement of its resolution to demolish the
buildings at 1897 Feronia Avenue upon the following reasonable terms and conditions which it
fmds will adequately protect the health and safety of the City and its citizens:
First: Petitioners shall be responsible for the exterior maintenance and security of the
property at 1897 Feronia Avenue, including the designation of a local agent who will be
preauthorized and required by the same to respond and correct any code violations as requested
by a City inspector, without the need for any written correction notice ar abatement order, as
soon as possible and in no event longer than 48 hours;
Second, Petitioners wiil obtain and maintain an insurance policy naming the City of Saint
Paul as a primary insured protecting and indemnifying it to the extent of the stahxtory limit of
municipal tort liability; and
Third, Petitioners may not sell, transfer, devise or assign their ownership or
responsibility in the property at 1897 Feronia Avenue during the pendency of the legal action
and until all legal action concerning the issues here presented are finally resolved; and
07-296
43
44 Fourth, Peritioners sha11 post a supersedeas bond in the amount of $10,000 (Ten thousand
Dollars and no cents.)
Requested by Department of.
By.
Form Approved by Ciry Attorney
�
Adopnon Cerhfied by Council Secretary FoRn Approved by Mayor for Submission to Council
By: / 1' //nu il /J
By:
Approved by Mayor: Date ��K-Q d� � � d�
BY: �' (f'(��'7 Gv� � i'�'f>"Y�'t-�t-�1� �
Adopted by Council: Date /%��� a� a�o y
07-296
� GreenSheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
co -����
Conhct Person 8 Phone:
Marcia Mcermond
G-8570
Doc. Type: RESOLUTION
E-Document Required: Y
DocumentCOntact: Vcki
ContaM Phone: 6-856'I
Z�M�-0�`�� I Green Sheet NO: 3038091
y 0 Council ` G I I
Assign 1 omc� De ar[mentDireMOr
Num6er 2 ' Cierk I Cti Clerk
For
Routing 3
Order I 4
5 I i
Total # of Signature Pages _(Clip A{{ Locations frn Signature)
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Resolution staying the enforcement of C.F. #07-118, order to remove or repau property at 1897 Feronia Avenue within fifreen (15)
days.
Planning Commission
CIB Committee
Civil Service Commission
1. Has this person/frm ever worked under a contract for this department?
Yes No
2. Has this person/firm ever been a city employee?
Yes No
3. Does this person/frtn possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet'
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
AdvanWges If Approved:
Disadvantages If Approved:
Disadvantages If Not Approved:
Transaction:
Funding Source:
Financial Information:
(Explain)
CostlRevenue Budgeted:
Activiry Number:
March 26, 2007 12:55 PM Page 1
See corresponding item #3 Petition for Writ of Certiorari, Cost Bond for
Certiorari, and Supersedeas Bond in the matter of Countrywide Home
Loans, Inc. vs. the City of Saint Paul. (re: 1897 Feronia Avenue)