09-68Council File #��
Green Sheet # 401a SRR�
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C17Y OF
Presented by
RESOLUTION
NESOTA
7
WHEREAS, the Court of Appeals for the State of Minnesota has issued a Writ of Certiorazi to the City Clerk of the Ciry of
Saint Paul regardin� Council File No. 08-922 regarding the demolition of 847 Agate Ave, Saint Paul, Minnesota (hereinafrer
"Property") and has the authority to stay the enforcement of the Council Resolution to protect the subject matter of the appeal
pursued by Leroy Smithrud (hereinafter "Petitione2'); and
WHEREAS, the Saint Paul City Counci] found that the Proper[y constitutes a public nuisance pursuant to Saint Paul Legislative
Code Section 45 and is subject to demolition; and
WHEREAS, the Council is willing to stay the enforcement of the resolution upon certain conditions designed to safeguard the
public safety and welfare;
NOW, THEREFORE, BE IT RESOLVED, that the Ciry Council will stay the enforcement of its resolution to demolish the
Property while the appeal is pending on the following conditions:
First: Petitioner shall be responsible for the exterior maintenance and securiry of the Property, and wil] correct any code
violations as requested by a city inspector, without the need for any written correction notice or abatement order, as soon as
possible aud in no event longer than two business days; and
Second, Petitioner will post wiTh the City of Sai�t Paul a supersedeas bond in the amount of $5,000 (five Yhousand dollars and
no cents) to be used to offset any claims against the City of Saint Paul. The bond will be retumed to the Petitioner if they aze
successful with the Writ of Certiorari, and;
Third, Petitioner may not sell, transfer, devise or assign their ownership or responsibility in the Property pending this ]egal
action and until all legal action conceming the issues here presented are finally resolved without notification to the Ciry of Samt
Paul within 2A hours of such transaction; and
Fourth, Petitioner shall provide the City of Saint Paul wifh proof that the Properry is covered with adequate liabiliry insurance;
and
Fif[h, no building permits shall be issued to tk�e Petitioner except upon a Resolution by the Saint Paul City Council.
Bostrom
Carter
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Stazk
Thune
Ado�ted 6y Council:
Absent I Requested by Department oE
By:
Approved by the Office of Financial Services
By:
✓ Approved b f City Attomey �
y By: � �j -.P,/ir.u /�,) �
D� Approved by A4ayor for Submission to Council
Adoption Certified by Co cil Secretary g
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By� ��// �riv�/�dr
Approved y M y � Date � 7i
By: !
09-� B
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i Contact Person & Phone:
� Marcia
Must Be on Council Agenda by (Date):
Doc. Type: RESOLUT�ON
14JAN-09 i Green Sheet NO: 3065999
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Assign �
Number �
For
Routing
Order i
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0 Comcil �
1 Cuuncil l Depa rtme D
2 ,Ciry Clerk I' CiN Clerk I
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E-DOCUment Required: Y
DocumentContact: Vcki
Contact Phone:
Total # of Signature Pages _(Clip All Locations for Signature)
Resolution staying the enforcement of C.F. #08-922, an order to remove the building(s) at 847 Agate Street.
Recommendations: Approve (A) or Reject (R):
Planning Commissio�
CIB Committee
Civi1 Service Commission
Personai Service Contracts Must Answer the Foilowing Questions:
1. Has ihis person/frm ever worked under a contract for this department?
Yes No
2. Nas this personlfirm ever been a city empbyee?
Yes No
3. Does this person/flrm possess a skill not normally possessed by any
curtent city employee?
Yes No
Explain all yes answers on separate sheet antl attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why�:
Advantages If Approved:
Disadvantages If Approved:
Disadvantages If Not Approvetl:
Sotal Amount of
Transadion:
Funding Source:
Financial Information:
(EXplain)
CostlRevenue Budgeted:
Activity Number:
January 14, 2009 924 AM Page 1