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
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ASSign I 2 iCity C7erk I I CiN Cluk '
humber �
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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