09-1002Council File # Q- U a
Green Sheet # 3079556
CITY
Presented by
RESOLUTION ��
SAINT,PAUL, MINNESOTA
1 WHEREAS, a resolution pursuant to Council File No. 09-656, adopted by the City Council on June
2 17, 2009, ordered the repair or removal of 1016 Bush Avenue within fifteen days of the adoption of the
3 resolution; and
5 WHEREAS, Stephen J. Keane, a co-owner of the property, has filed a petition for a writ of
6 certiorari to the Minnesota Court of Appeals, which has issued said writ; and
s WHEREAS, 5tephen J. Keane has also requested that the Saint Paul City Council stay execution of
9 Resolution No. 09-656; and
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11 WHEREAS, the Saint Paul City Council found that the Property constitutes a public nuisance
12 pursuant to Saint Paul Legislative Code Section 45 and is subject to demolition; and
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14 WHEREAS, the Council is willing to stay the enforcement of the resolution upon certain conditions
15 designed to safeguard the public safety and welfare; now, therefore, be it
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17 RESOLVED, that the City Council will stay the enforcement of its resolution to demolish the
18 property at 1016 Bush Avenue while the appeal is pending on the following conditions:
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20 1) Petitioner shall be responsible for the exterior maintenance and security of the Property, and
2t will conect any code violations as requested by a city inspector, without the need for any written
22 correction notice or abatement order, as soon as possible and in no event longer than two business
23 days; and
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25 2) Petitioner will post with the City of Saint Paul a supersedeas bond in the amount of $5,000
26 (five thousand dollars and no cents) to be used to offset any claims against the City of Saint Paul.
27 The bond will be returned to the Petitioner if they are successful with the Writ of Certiarari, and;
2s
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3) Petitioner may not sell, transfer, devise or assign their ownership or responsibility in the
Property pending this legal action and until a11 legal action concerning the issues here presented are
finally resolved without notification to the City of Saint Paul within 24 hours of such transaction;
and
4) Peritioner sha11 provide the City of Saint Paul with proof that the Property is covered cvith
adequate liability insurance; and
5) No building permits shall be issued to the Petitioner except upon a Resolution by the Saint
Paul City Council.
o �1 �1602
���
Yeas � Nays � Absent � Re uested b D arhnent of:
�-T---�i 9 Y �
By:
Approved by the Office of Financial Services
Stark
Thune
Adopted by Council:
✓ B y�
ri" Approved by Ci Attorney
� BY= tl2 , ivwt
Date �/��e% Apgroved by Ma r for Submission to Council
Adoption Certified by Coun 1 Secretary By.
B r
Apprwed a o Date �,ai
By:
� Gree� Sheet Green Sheet Green Sheet Green Sheet Gree� Sheet Green Sheet �
�y� roo�-
, DepartmenUOffice/COUncil: � Date Initiated: � _ _ _ - - -
. _
' CO
� _ � _.-.., _ __.... — _
.._ ; ..ID SEP 200&- - - - ! - Kp.Pr� - �� - :
� _ _ _.___---------�- _ �_, ��
�� Contact Person & Phone:
I Marsha Moertnond
i 266-8570
Must Be on Council Agenda by (Date):
16SEP-09
Doc.Type:RESOLUTION
E-DOCUment Required: Y
Document Contact:
ConWd Phone:
� I
Assign
Number �
For I
Routing I
Order I
ToWI # of Signature Pages _(Clip Ail Lowtions for Signature)
0 �Councii � I I
l Councll i, DepartmentDirector 'i
2 'Citv Clerk !'� Ciry C1erk '
3 �� I
q i�
5 ; �
Staying the enforcement of Resolution 09-656 to demolish the property at 1016 Bush Avenue while the appeal is pending.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Commiftee
Civll Service Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has this persoNfirm ever worked under a contract for this department?
Yes No
2. Has Nis pewonffirm ever been a city employee?
Yes No
3. Does this persoNfirm possess a skill not nortnally possessed by any
curtent 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:
ToWI Amount of
TrensaMion:
Funding Source:
Financial Information:
(Explain)
Cost/Revenue Budgeted:
Activity Number.
September 10, 2009 3:27 PM Page 1