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07-892Council File # 07 — �� a�- Green Sheet # {���� � RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented by '� 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 13 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 16 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 20 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 24 25 26 27 28 29 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: 33 34 35 36 37 38 39 40 41 42 43 44 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 � 2 3 a s 6 7 733 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: � Form Appr�ed by City Ayto' ey �:' t ��"f �� / 7..�-a- �v� Approved by Mayor for Submission to Council � � 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 � 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 4 5 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