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09-300Council File # 09-300 Green Sheet # 3068176 RESOLUTION SAINT PAUL, MINNESOTA �r 1 WI�EREAS, on October 1 Q 2007 the Saint Paul City Council ordered demolition of the structure 2 located at 332 St. Clair Avenue in Council File 07-944; and 4 WHEREAS, the decision was challenged in District Court and by a petition for writ of certiorari to s the Cour[ of Appeals; and 7 WHEREAS, the Court ofAppeals issued its decision upholding the determination ofthe City s Council to demolish the structure under Court of Appeals Case # A-07-2349; and l0 WHEREAS, attorney for the homeowner requested settlement discussions while the apgeal was 11 pending; and 12 13 WHEREAS, the attached document outlines a proposed agreement to fixrther postpone demolition 14 of 332 St. Clair under the terms outlined therein; and IS t6 WHEREAS, the City Council finds that the proposal contains safeguards which make it likely that 1� this building can be renovated and brought up to code; now, therefore, be it 1s 19 RESOLVED, that the Department of Safety and Inspections is authozized and dixected to entex into 2o the attached Stipulation; and be it 21 22 FURTHER RESOLVED, that the City will refrain from enforcing the demolition order in Council 23 File 0'I-944 for a period of 180 days from the effective date of this resolutiQn. Bostrom Absent Requested by Department of By: Approved by the Office of Fina[�cial Services Stark Thune Adopted by Council: ✓ By: �/ Approved by City Attorney BY� `�'�'`4�.l�vri.cz� i �X��^tlC Date ��/�`�� J Approved by �or for Submission to Council Adoption Certified by Cow3cil Secretary B G BY• � /J.��St� Approved y y Date By: 09-300 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � � DepartmenUOfficelCOUnci1: , Date lnitiate8: j � co_Couno° � 12-MAR-Q9 � Green Sheet NO: 3068176 , CoMact Person & Phone: Marcia Moeromond Must Be on Councif Agenda by (Date): Doc.Type:RESOLUTION � , 0 CounciS •,c••• , V • `•'•••• � I '�Councal ; DepartmentDSrecior i ( ASSign I 2 iCity C7erk I I CiN Cluk ' humber � Por , 3 r � Routing = 4 ' ' '��� Order � 5 �-- i E-Document Required: Y Document Coniad: Contact Phone: ToWI # of Signature Pages _(Ciip Ail Locations for Signature) Resoludon directing the Department of Safety and Inspections (DSI) to enter into a Stipulation of Settlemen[ and directing that DSI refrain from enforcing the demolition order in C.F. 07-944 for property at 332 St. Clair Avenue for a period of 180 days from the effective date of this resolution. Recommendations: Approve (A) or Reject (R): Plamm�g Commission CIB Commiriee Qvil Service Commission Personal Service Contrects Must Answer the Following Questions: 1. Has this persoNfirm ever worked under a contract for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Dces this personlfirm posses's a skill not �wrmally possessed by any current city empbyee? Yes No F�cplain all yes answers on separate sheet and attach to green sheet. I�itiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Advantages If Approved: Disadvantages If Approved: Disadvantages If Not Approved: Total Amount of Transaction: Funtling Source: Financ7al Information: (Explain) CosHRevenue Butlgeted: Activity Number: March 12, 2009 3:21 PM Page 1 Amended 3/18{2009 STII'ULATION 09-300 This Sripularion is entered into ttus day of , 2009 by and beriveen the City of Saint Paul, Minnesota, ("City"), a municipal corporation, and Aurelia Tessmer, 332 St. Clair Avenue, Saint Paul. WI�REAS, Aurelia Tessmer is the owner of property at 332 St. Clair Avenue in Saint Paul, and said property has been declared a nuisance and ordered demolished; and WFIEREAS, Tessmer petitioned for a writ of certiarari from the City Council's determination, and also sued in District Court and appealed the dish'ict court's dismissal for lack of jurisdiction; and WHEREAS, both appeals have been decided and the Court of Appeals has upheld the actions of the City Council in ordering the demolition of the property; and WHEREAS, Aurelia Tessmer has requested an opportunity to correct the conditions on her property before the City moves to demolition; Now, therefore, the parties haue agreed to the following: 1) A$-5,989 $2,500 performance bond will be posted within ten days of the execution of the settlement document. 2) Vacant building fees will be paid befare the settlement offer is presentad to the Ciry Council far consideration. 3) Matt Brown, a construction coardinatar for Community Neighborhood Housing Services, has provided a sworn conshuction statement and work plan with timelines to ensure completion of the work needed to bring the building into code compliance within 180 days from the effective date of a Council resolution authorizing the City to refrain from enforcing the outstanding demolition order. 4) A list of the qualified licensed contractors, along with their bids, necessary to complete the professional rehabilitarion of the house was provided to the Office of Safety and Inspections prior to execution of this document. 5) Aurelia Tessmer has signed a rehabilitation loan agreement and promissory note with Community Neighborhood Housing Services, for approximately $47,000, which funds are currently in an escrow account at CNHS to complete the rehabilitation work. Ms. Tessmer has signed a power of attorney giving authority for approvals of the work and release of funds to pay contractors to two alternative signatories. 6) Ms. Tessmer shall not attempt to or refixse access to the property, override decisions of the agent, attempt to or stop payment for services or otherwise obstruct, hinder or delay 1• 11� 7) construction, nor shall anyone acting as her agent or on her behalf do the same. This provision should not be read to preclude enforcement of the Contractor/Home Owner Warranty executed by Ms. Tessmer, or any of her rights under the loan a�eement with Community Neighborhood Housing Services. In the event that renovaUon is not complete within 180 days, but is at least 75% complete and no delays have been the result of interference or obstruction by the homeowner, the City will consider an additiona190 days to complete the rehabilitation. 8) In the event that the City determines that Ms. Tessmer has breached the terms of the settlement agreement, she waives her right to require the City to enforce the a�eement in court and further agrees that the matter will be submitted to mediation. Parties shall communicate directly with the assistance of a neutral person who has no authority to requite any concession ar agreement. Both parties agree to cooperate and act in good faith to resolve the matter(s) in dispute, and to participate in up to four hours of mediation. The mediator shall be selected by mutual agreement of the parties, or if the parties are unable to agree, then parties shall request the Ramsey County District Court Civil ADR Program to select a person from its list of qualified neutral mediatars. The parties shall share the mediator's fees and disbursements equally unless they mutually agree otherwise. The mediator shall provide the parties with hislher fee disbursement schedule in advance of inediation. 9) If the City Council approves the agreed upon terms far delaying demolition, the Stipulation will be executed by Ms. Tessmer within three wark days. Failure to do so will result in the resolution being voided and the City will begin demolition. 10) Based upon the foxegoing, the City will refrain from enforcement of Council File # 07-944 for 180 days from the date of execution of this Stipulation. Aurelia Tessmer Jane Prince attorney for homeowner I i 7.Y1 Virginia D. Palmer Assistant City Attarney