09-441Council File # Oyy
Green Sheet # 3069492
RESOLUTION
CITY OF SAINT PAUL_ MINNESOTA
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7 WHEREAS, the Saint Paul City Council found that the Property constitutes a public nuisance
8 pursuant to Saint Paul Legislative Code Section 45 and is subject to demolition; and
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10 WHEREAS, the City wishes to set reasonable conditions upon the stay to adequately protect the
11 health and safety of the public; now, therefore, be it
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RESOLVED, that the City Council will stay the enforcement of Council File #09-316, authorizing
the demolition of the Property within five days, upon the following reasonable terms and conditions:
1) Petitioners shall be responsible for the exterior maintenance and security of the
Property, and sha11 respond to and conect any code violations as requested by a city
inspector, without the need for any written correction notice or abatement order, as soon as
possible and in no event longer than 48 hours; and
2) Petitioners 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 (Petitioner may elect to use the $5,000 performance bond now posted in lieu
of supersedeas bond), and;
3) Petitioners may not sell, transfer, devise or assign their ownership or responsibility
in the Property pending this legal action and until all 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) Petitioner shall provide the City of Saint Paul with proof that the Property is covered
with adequate liability insurance; and
5) No building permits shall be issued to the Petitioner except upon a Resolution by the
Saint Paul City Council.
WHEREAS, the Court of Appeals for the State of Minnesota has issued a Writ of Certiorari to the
City Clerk of the City of Saint Paul regarding Council File No. 09-316 regarding the demolition of 393-
397 Case Ave, Saint Paul, Minnesota (hereinafter "Property" and has the authority to stay the enforcement
of the Council Resolution to protect the subject matter of the appeal pursued by Bee and Lamena Vue
(hereinafter "Petitioners"); and
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Yeas Nays Absent
Boshom �/
Carter �
Harris ,/
Helgen
Lantry
Stark �
Thune �
Adopted by Council: Date _ y���/��j
Requested by Department of:
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Approved by the Office of Financial Services
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Apptoved by City Attomey� �
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BY ' ' � '�c� X--.c<
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Approved by 1�1�yor for Submission to Council
Adophon Certified by Council Secretary gy.
By: � � '
Approve��r�(ays . Date �-f" Z� �
By: �
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, DepartmenUOffice/Cou�dl: ; Date Initiated:
� co-�°°^��� ;,�-�R-o9 Green Sheet NO: 3069492
' Department Sent7oPerson lnitiaNDate
� Contad Person & Phone: , � I �I
� Marcia Moermond �� o Co��u '
� 266$570 , � I Council Depar�eut Direc[or '
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j Must Be on Council Agenda by (Date): ' Number : , j
22-APR-09 , For � 3 i �,
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1 Doa T e: RESOLUTION t Ordec ` 5 ' l
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E-DOCUment Required: Y
Document Contact:
ConWCtPhone:
ToWI # of Signature Pages _(Clip All Locations for Signature)
Staying the enforcement of Council File 09-316 which authorized the demolition of proper;ty at 393-397 Case Avenue within five
days.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contracts Must Answer the Following Questions:
1. Has this personffirm ever worked under a contract for this depaAment?
Yes No
2. Has this person/frm ever been a city employee?
Yes No
3. Does this personlfirm possess a skill not normally possessed by any
current city employee?
Yes No
F�cplain afl yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
AdvanWges IfApproved:
Disadvantages If Approved:
DisadvanWges If Not Approved:
Total Amount of
Transaction:
Funding Source:
Financial Information:
(Explain)
CoStlRevenUe Budgeted:
Activity Number:
April 14, 2009 329 PM Page 1