07-892Council File # 07 — �� a�-
Green Sheet # {���� �
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented by
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Resolution Establishing a Stay in Implementation of Council Fi1e #07-755
An Order to Remove or Repair 733 Case Ave.
1 WHEREAS, the Court of Appeals for the State of Minnesota has issued a Writ of Certiorari to the City Clerk
z of the Ciry of Saint Paul regarding Council File No. 07-755 regazding the demolition of 733 Case Ave, Saint
3 Paul, Minnesota (hereinafter "Property") and has the authority to stay the enforcement of the Council
4 Resolution to protect the subject matter of the appeal pursued by Bashir A. Moghul (hereinafter "Peritioner");
5 and
� WHEREAS, the same Petitioner has also requested the Saint Paul City Council stay execurion of Resolution
s No. 07-755; and
10 WHEREAS, the Court of Appeals in the past has remanded a Certiorari Appeal back to the City Council to
11 impose reasonable terms and conditions of a stay pending appeal and the City wishes to avoid further delays in
12 the abatement action; and
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14 WHEREAS, the Saint Paul City Council found that the Properiy constitutes a public nuisance pursuant to
15 Saint Paul Legislative Code Section 45 and is subject to demolition; and
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1 � WHEREAS, since November 16, 2006, the properry has been vacant and on May 1, 2007 a building
1 s inspecrion determined that the Property constituted a nuisance condirion. On May 11, 2007, an order to abate
19 the nuisance was posted with a compliance date of June 11, 2�07; and
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21 WHEREAS, the City of Saint Paul has needed to issue several summary abatement orders to board the
2z building to secure it from trespass, remove improperly stored refuse, remove tall grass and weeks and remove
23 snow and ice for public safety; and
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WHEREAS, after proper notice pursuant to Saint Paul Legislative Code Section 45, the Properry owners of
xecord did not appear; and
WHEREAS, the City risks claims for damages arising out of this nuisance condition;
3o NOW, THEREFORE, BE IT RESOLVED, that the City Council will stay the enforcement of its resolution to
31 demolish the Property upon the following reasonable terms and condifions which it finds will adequately protect the
32 health and safety of the City and its citizens:
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First: Petirioner shall be responsible for the exterior maintenance and security of the Property, 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 correcrion norice or
abatement order, as soon as possible and in no event longer than 48 hours; and
Second, Petitioner will post with the City of Saint Paul a supersedeas bond in the amount of $5,000 (five
thousand dollars and no cents) to be used to offset any claims against the City of Saint Paul. The bond will be
returned to the Petitioner if they are successful with the Writ of Certiorari, and;
Third, Petitioner may not se11, transfer, devise or assign their ownership or responsibiliry in the Property
pending this legal acrion and until all legal action concerning the issues here presented are finally resolved
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733 Case Ave. Stay C.F. # 07-755
without norificarion to the City of Saint Paul within 24 hours of such transaction; and d�' g/ a'
Fourth, Petitioner shall provide the City of Saint Paul with proof that the Propetty is covered with adequate
liabilily msurance; and
Fifth, no building pemuts shall be issued to the Peritioner except upon a Resolution by the Saint Pau] City
Council.
Yeas Nays Absent
Benanav i /
Bos4om ,/
Harris i /
Helgen �
Lanhy �
Montgomery �/
Thune �
7 �
Adopted by Council: Date �/d((o �
Adoption Certified by Council Secretary
Ey: �
Approved��>��y . Date �` / o ')
1
By. l
Requested by Depar[ment of:
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Form Appr�ed by City Ayto' ey
�:' t ��"f �� / 7..�-a-
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Approved by Mayor for Submission to Council
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� Green Sheet Green Sheet Green Sheet Green Sheet G�een Sheet Green Sheet �
�� 8��'
CA �iryAttomey
Contact Person & Phone:
Marda Mcermond
6-8570
Must Be on Council Aaen
Doc. Type: RESOLUTION
EAOCUmem Required: Y
Document Contact: Vicki
Conpct Phone: 6-8561
19SEP-07
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Assign
Number
Fo�
Routing
Order
Total # of Signature Pages _(Clip All Lowtions for Signature)
Green Sheet NO: 3044�191
0 K]'ri Attomev
1 YvAttornev I Denar[mentD'uector
2 �Co�cil
3 City Clerk
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Resolution establishing a stay in implementation of Council File #07-755, an Order to Remove or Repair 733 Case Avenue.
Planning Commission
CIB Committee
Civil Service Commission
7. Has this person/firm ever woriced under a contract for this department?
Yes No
2. Has this personffirm ever been a city employee?
Yes No
3. Does this personffirm possess a skill rwt �wmally possessed by any
curzent city employee?
Ves No
F�cplain all yes answers on separate sheet antl atfach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Advantages If Approved:
Oisadvantages If Approved:
Disadvantages If Not Approved:
Transaction:
Funding Source:
Financial Information:
(F�cplain)
CosURevenue Budgeted:
Activity Number:
September 19, 2007 4:56 PM Page 1