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09-68Council File #�� Green Sheet # 401a SRR� 1 2 , � 4 5 6 7 8 9 10 11 IZ 13 14 15 16 17 18 19 20 21 22 23 24 �5 26 �7 2$ 29 30 31 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 r � 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 �// Y� By� ��// �riv�/�dr Approved y M y � Date � 7i By: ! 09-� B � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � ! (�O - VVUIIIAI V i Contact Person & Phone: � Marcia Must Be on Council Agenda by (Date): Doc. Type: RESOLUT�ON 14JAN-09 i Green Sheet NO: 3065999 � I Assign � Number � For Routing Order i i 0 Comcil � 1 Cuuncil l Depa rtme D 2 ,Ciry Clerk I' CiN Clerk I 3 I ��� q i� � 5 I i� � 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