97-1005Council File # �� ^ t QQS
Green Sheet # 505 � �
RESOLUTION
Presented
Referred
2
WIiEREAS, the Court of Appeals has issued a writ of certiorari to the City Clerk of
Saint Paul regarding Council File No. 97-880 regazding the demolition of 659 Edmund Avenue
and has the authority to stay the enforcement of the council resolution to protect the subject-
matter of the appeal pursued to FleeY Mortgage �o�., zrd
WHEREAS, the same relators have also filed a motion before the City Council
10
11
12
13
14
15
16
17
18
19
2Q
requesting a stay of execution of the resolution, and
WI�EREAS, the Court of Appeals in the past has remanded a certiorari appeal back to
the City Council to impose reasonable terms and conditions of a stay pending appeal and the City
wishes to avoid any further delays in the abatement action, and
WHEREAS, the vacant building and its garage has been found at times to be unsecured
and in need of boarding since it was registered with the City, and
WHEREAS, the City has needed to issue summary abatement ordexs to boazd the
building and its gazage and to maintain the exterior area free of refuse and ta11 grass and weeds in
the yard,and
21
22 WHEREAS, vacant building inspectors have routinely encountered difficuity in
23 obtaining a swift and appropriate response from mortgage companies and their attorneys or
24 agents to correct code violations found at similar vacant buildings which have been brought to
25 their attention, and such delays have been the result of a need to obtain authorization from
26 persons out of state, and
27
28
29
30
31
32
33
34
35
36
37
38
39
40
WHEREAS, the City risks claims for damages arising out of this nuisance condition;
now, therefore, be it
RESOLVED, that the City Council will stay the enforcement of its resolution to
demolish the building at 659 Edmund Avenue upon the following reasonable terms and
conditions which it fmds will adequately protect the health and safety of the Ciry and its citizens:
First, the relator Fleet Mortgage Corp. shall be responsible for the exterior maintenance
and security of the properiy at 659 Edmund Avenue, including the designation of a local agent
who will be preauthorized and required by the same to respond and 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 and in no event longer than 48 hours.
CITY OF SAINT PAUL, MINNESOTA ,,�.
z "
q1- ►005
�
2 Second, the relator will obtain an insurance policy nami.ng the City of Saint Paul as a
3 primary insured protecting and indemnifying it to the extent of the statutory lunit of municipal
4 tort liability of six hundred thousand dollazs ($600,000.00) and raised to cover any future
5 increase in such limits which may later become law.
6
7
Requ b Depa ment of:
Y1.. � (. G. �� �(
By: _ _
Foxm Approved y City Attorney
H y : �—
Approved by Mayor or Submission to Council
By:
i syc
Appxoved by Mayoz: Date �' `Z,���l}-
By:
Adopted by Council: Date � �q�
Adoption Certified by Council Se retary
N° 50526
OEPARiM�NTqFF4CE/COUNqI OATEMITIATED GREEN SHEET • •
Ci.; Council 8-06-97
CONTACi PER�N 8 PHONE � OEPARTMENT DIRE � CITY COUNqL �NITIAUDATE
Councilmember Blakey 266-8610 NUM FOP ❑ GTV ATTORNEY � CIN CLERK
MUST BE ON CAUNCIL AGENDA BY fDATE1 q O�N� O BUDGET D�BECfOR � FIN. 8 MGL SEAVICES DIR.
OPDER ❑ MAYOR (OFi AS$ISTANT) �
TOTAL # OF SIGNATURE PAGES , (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTI�N RE�UESTE�:
Concerning a stay of demolirion of 659 Edmund Avenue during appeal.
RECOMMENDATIONS: Appmve (A) or Reject {R) y pERSONAL SERVICE CONTRACTS MUST ANSWEH THE FOLLOWING QUESTIONS:
__ PtANNMG CAMMfSSWN _ GVII SEAVtCE CA,MMISSIOPI �- Has this person/firm ever worketl under a contrac[ tor this tlepartment?
_ CIB COMMITlEE _ YES NO
2. Has this persoNfirm ever been a city employee?
_ STAfF
— VES NO
_ DIS7RICT COUR7 _ 3. Does this OB�oNfi(m po55eSS a skill 11ot nOrmally po55esseA 6y any current city empfoyee?
SUPPOATSWHICHCOUNCfLOHJECiWE? YES NO
Explaln all yes answers on seperate eheet entl attach to green aheet
IN([IPTIN6 PRO&.EM.ISSUE.OPPORTUNIN(Who, WM1et, When, Where. Why).
ADVANTAGESIFAPPROVED:
�ISADVANTAGES IF APPROVED
DISAOVANTAGES IF NOTAPPROVEO:
TO7AL AMOUNT OF TRANSACTfON $ COSTfREVENUE BUDGETED (qRCIE ONE) YES NO
FUNDIfdG SOURCE ACTIVITV NUMBER
FINANCIAL INFORG5AT10N� (E%PlA1N)
9'? -l005
Interdepartmental Memorandum
CITY OF SAINT PAUL
DATE: August 1, 1997
�
TO: Nancy Anderson, Council Office
FROM: Stephen J. Christie, Assistant Ciry Attomey�
RE: Related Agenda Items for August 13, 1997 (concerning a stay of demolition of 659
Edmund Ave. during appeal)
Attached please fmd a proposed resolution to be considered at public hearing by the City Council
on August 13, 1997. A council resolution ordering demolition of 659 Edmund Ave. (CF 97-880)
has been appealed by writ of certiorari and the mortgage company is seeking a stay of
enforcement. (I have attached a copy of that letter as well for your reference.)
This situation is similu to the one we recenfly handled xegarding the certiorari appeal on the 677
Kent demolition resolution. Please make certain that BOTH the mortgage company motion for
a stay and the attached proposed resolution for conditions on any stay appear on the August 13,
1997 agenda.
In my opinion, because the Ciry Council slts as an nnpartial quasi judicial body 1n considering
these competing requests, the matters should be calendared without the need of any councilmember
approval. Any questions should be d'uected to Phil Byrne or Peg Birk, who represent the City
Council in such procedural matters.
Thank you for your attention to this matter. I will be out of the office all of next week, so I hope
this is clear for you.
cc: L,any Zielke, Attorney for Fleet Mortgage Corp. (831-4060)
Peg Birk, City Attorney
Phil Byme, Assistant City Attomey
Council File # �� ^ t QQS
Green Sheet # 505 � �
RESOLUTION
Presented
Referred
2
WIiEREAS, the Court of Appeals has issued a writ of certiorari to the City Clerk of
Saint Paul regarding Council File No. 97-880 regazding the demolition of 659 Edmund Avenue
and has the authority to stay the enforcement of the council resolution to protect the subject-
matter of the appeal pursued to FleeY Mortgage �o�., zrd
WHEREAS, the same relators have also filed a motion before the City Council
10
11
12
13
14
15
16
17
18
19
2Q
requesting a stay of execution of the resolution, and
WI�EREAS, the Court of Appeals in the past has remanded a certiorari appeal back to
the City Council to impose reasonable terms and conditions of a stay pending appeal and the City
wishes to avoid any further delays in the abatement action, and
WHEREAS, the vacant building and its garage has been found at times to be unsecured
and in need of boarding since it was registered with the City, and
WHEREAS, the City has needed to issue summary abatement ordexs to boazd the
building and its gazage and to maintain the exterior area free of refuse and ta11 grass and weeds in
the yard,and
21
22 WHEREAS, vacant building inspectors have routinely encountered difficuity in
23 obtaining a swift and appropriate response from mortgage companies and their attorneys or
24 agents to correct code violations found at similar vacant buildings which have been brought to
25 their attention, and such delays have been the result of a need to obtain authorization from
26 persons out of state, and
27
28
29
30
31
32
33
34
35
36
37
38
39
40
WHEREAS, the City risks claims for damages arising out of this nuisance condition;
now, therefore, be it
RESOLVED, that the City Council will stay the enforcement of its resolution to
demolish the building at 659 Edmund Avenue upon the following reasonable terms and
conditions which it fmds will adequately protect the health and safety of the Ciry and its citizens:
First, the relator Fleet Mortgage Corp. shall be responsible for the exterior maintenance
and security of the properiy at 659 Edmund Avenue, including the designation of a local agent
who will be preauthorized and required by the same to respond and 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 and in no event longer than 48 hours.
CITY OF SAINT PAUL, MINNESOTA ,,�.
z "
q1- ►005
�
2 Second, the relator will obtain an insurance policy nami.ng the City of Saint Paul as a
3 primary insured protecting and indemnifying it to the extent of the statutory lunit of municipal
4 tort liability of six hundred thousand dollazs ($600,000.00) and raised to cover any future
5 increase in such limits which may later become law.
6
7
Requ b Depa ment of:
Y1.. � (. G. �� �(
By: _ _
Foxm Approved y City Attorney
H y : �—
Approved by Mayor or Submission to Council
By:
i syc
Appxoved by Mayoz: Date �' `Z,���l}-
By:
Adopted by Council: Date � �q�
Adoption Certified by Council Se retary
N° 50526
OEPARiM�NTqFF4CE/COUNqI OATEMITIATED GREEN SHEET • •
Ci.; Council 8-06-97
CONTACi PER�N 8 PHONE � OEPARTMENT DIRE � CITY COUNqL �NITIAUDATE
Councilmember Blakey 266-8610 NUM FOP ❑ GTV ATTORNEY � CIN CLERK
MUST BE ON CAUNCIL AGENDA BY fDATE1 q O�N� O BUDGET D�BECfOR � FIN. 8 MGL SEAVICES DIR.
OPDER ❑ MAYOR (OFi AS$ISTANT) �
TOTAL # OF SIGNATURE PAGES , (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTI�N RE�UESTE�:
Concerning a stay of demolirion of 659 Edmund Avenue during appeal.
RECOMMENDATIONS: Appmve (A) or Reject {R) y pERSONAL SERVICE CONTRACTS MUST ANSWEH THE FOLLOWING QUESTIONS:
__ PtANNMG CAMMfSSWN _ GVII SEAVtCE CA,MMISSIOPI �- Has this person/firm ever worketl under a contrac[ tor this tlepartment?
_ CIB COMMITlEE _ YES NO
2. Has this persoNfirm ever been a city employee?
_ STAfF
— VES NO
_ DIS7RICT COUR7 _ 3. Does this OB�oNfi(m po55eSS a skill 11ot nOrmally po55esseA 6y any current city empfoyee?
SUPPOATSWHICHCOUNCfLOHJECiWE? YES NO
Explaln all yes answers on seperate eheet entl attach to green aheet
IN([IPTIN6 PRO&.EM.ISSUE.OPPORTUNIN(Who, WM1et, When, Where. Why).
ADVANTAGESIFAPPROVED:
�ISADVANTAGES IF APPROVED
DISAOVANTAGES IF NOTAPPROVEO:
TO7AL AMOUNT OF TRANSACTfON $ COSTfREVENUE BUDGETED (qRCIE ONE) YES NO
FUNDIfdG SOURCE ACTIVITV NUMBER
FINANCIAL INFORG5AT10N� (E%PlA1N)
9'? -l005
Interdepartmental Memorandum
CITY OF SAINT PAUL
DATE: August 1, 1997
�
TO: Nancy Anderson, Council Office
FROM: Stephen J. Christie, Assistant Ciry Attomey�
RE: Related Agenda Items for August 13, 1997 (concerning a stay of demolition of 659
Edmund Ave. during appeal)
Attached please fmd a proposed resolution to be considered at public hearing by the City Council
on August 13, 1997. A council resolution ordering demolition of 659 Edmund Ave. (CF 97-880)
has been appealed by writ of certiorari and the mortgage company is seeking a stay of
enforcement. (I have attached a copy of that letter as well for your reference.)
This situation is similu to the one we recenfly handled xegarding the certiorari appeal on the 677
Kent demolition resolution. Please make certain that BOTH the mortgage company motion for
a stay and the attached proposed resolution for conditions on any stay appear on the August 13,
1997 agenda.
In my opinion, because the Ciry Council slts as an nnpartial quasi judicial body 1n considering
these competing requests, the matters should be calendared without the need of any councilmember
approval. Any questions should be d'uected to Phil Byrne or Peg Birk, who represent the City
Council in such procedural matters.
Thank you for your attention to this matter. I will be out of the office all of next week, so I hope
this is clear for you.
cc: L,any Zielke, Attorney for Fleet Mortgage Corp. (831-4060)
Peg Birk, City Attorney
Phil Byme, Assistant City Attomey
Council File # �� ^ t QQS
Green Sheet # 505 � �
RESOLUTION
Presented
Referred
2
WIiEREAS, the Court of Appeals has issued a writ of certiorari to the City Clerk of
Saint Paul regarding Council File No. 97-880 regazding the demolition of 659 Edmund Avenue
and has the authority to stay the enforcement of the council resolution to protect the subject-
matter of the appeal pursued to FleeY Mortgage �o�., zrd
WHEREAS, the same relators have also filed a motion before the City Council
10
11
12
13
14
15
16
17
18
19
2Q
requesting a stay of execution of the resolution, and
WI�EREAS, the Court of Appeals in the past has remanded a certiorari appeal back to
the City Council to impose reasonable terms and conditions of a stay pending appeal and the City
wishes to avoid any further delays in the abatement action, and
WHEREAS, the vacant building and its garage has been found at times to be unsecured
and in need of boarding since it was registered with the City, and
WHEREAS, the City has needed to issue summary abatement ordexs to boazd the
building and its gazage and to maintain the exterior area free of refuse and ta11 grass and weeds in
the yard,and
21
22 WHEREAS, vacant building inspectors have routinely encountered difficuity in
23 obtaining a swift and appropriate response from mortgage companies and their attorneys or
24 agents to correct code violations found at similar vacant buildings which have been brought to
25 their attention, and such delays have been the result of a need to obtain authorization from
26 persons out of state, and
27
28
29
30
31
32
33
34
35
36
37
38
39
40
WHEREAS, the City risks claims for damages arising out of this nuisance condition;
now, therefore, be it
RESOLVED, that the City Council will stay the enforcement of its resolution to
demolish the building at 659 Edmund Avenue upon the following reasonable terms and
conditions which it fmds will adequately protect the health and safety of the Ciry and its citizens:
First, the relator Fleet Mortgage Corp. shall be responsible for the exterior maintenance
and security of the properiy at 659 Edmund Avenue, including the designation of a local agent
who will be preauthorized and required by the same to respond and 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 and in no event longer than 48 hours.
CITY OF SAINT PAUL, MINNESOTA ,,�.
z "
q1- ►005
�
2 Second, the relator will obtain an insurance policy nami.ng the City of Saint Paul as a
3 primary insured protecting and indemnifying it to the extent of the statutory lunit of municipal
4 tort liability of six hundred thousand dollazs ($600,000.00) and raised to cover any future
5 increase in such limits which may later become law.
6
7
Requ b Depa ment of:
Y1.. � (. G. �� �(
By: _ _
Foxm Approved y City Attorney
H y : �—
Approved by Mayor or Submission to Council
By:
i syc
Appxoved by Mayoz: Date �' `Z,���l}-
By:
Adopted by Council: Date � �q�
Adoption Certified by Council Se retary
N° 50526
OEPARiM�NTqFF4CE/COUNqI OATEMITIATED GREEN SHEET • •
Ci.; Council 8-06-97
CONTACi PER�N 8 PHONE � OEPARTMENT DIRE � CITY COUNqL �NITIAUDATE
Councilmember Blakey 266-8610 NUM FOP ❑ GTV ATTORNEY � CIN CLERK
MUST BE ON CAUNCIL AGENDA BY fDATE1 q O�N� O BUDGET D�BECfOR � FIN. 8 MGL SEAVICES DIR.
OPDER ❑ MAYOR (OFi AS$ISTANT) �
TOTAL # OF SIGNATURE PAGES , (CLIP ALL LOCATIONS FOR SIGNATURE)
ACTI�N RE�UESTE�:
Concerning a stay of demolirion of 659 Edmund Avenue during appeal.
RECOMMENDATIONS: Appmve (A) or Reject {R) y pERSONAL SERVICE CONTRACTS MUST ANSWEH THE FOLLOWING QUESTIONS:
__ PtANNMG CAMMfSSWN _ GVII SEAVtCE CA,MMISSIOPI �- Has this person/firm ever worketl under a contrac[ tor this tlepartment?
_ CIB COMMITlEE _ YES NO
2. Has this persoNfirm ever been a city employee?
_ STAfF
— VES NO
_ DIS7RICT COUR7 _ 3. Does this OB�oNfi(m po55eSS a skill 11ot nOrmally po55esseA 6y any current city empfoyee?
SUPPOATSWHICHCOUNCfLOHJECiWE? YES NO
Explaln all yes answers on seperate eheet entl attach to green aheet
IN([IPTIN6 PRO&.EM.ISSUE.OPPORTUNIN(Who, WM1et, When, Where. Why).
ADVANTAGESIFAPPROVED:
�ISADVANTAGES IF APPROVED
DISAOVANTAGES IF NOTAPPROVEO:
TO7AL AMOUNT OF TRANSACTfON $ COSTfREVENUE BUDGETED (qRCIE ONE) YES NO
FUNDIfdG SOURCE ACTIVITV NUMBER
FINANCIAL INFORG5AT10N� (E%PlA1N)
9'? -l005
Interdepartmental Memorandum
CITY OF SAINT PAUL
DATE: August 1, 1997
�
TO: Nancy Anderson, Council Office
FROM: Stephen J. Christie, Assistant Ciry Attomey�
RE: Related Agenda Items for August 13, 1997 (concerning a stay of demolition of 659
Edmund Ave. during appeal)
Attached please fmd a proposed resolution to be considered at public hearing by the City Council
on August 13, 1997. A council resolution ordering demolition of 659 Edmund Ave. (CF 97-880)
has been appealed by writ of certiorari and the mortgage company is seeking a stay of
enforcement. (I have attached a copy of that letter as well for your reference.)
This situation is similu to the one we recenfly handled xegarding the certiorari appeal on the 677
Kent demolition resolution. Please make certain that BOTH the mortgage company motion for
a stay and the attached proposed resolution for conditions on any stay appear on the August 13,
1997 agenda.
In my opinion, because the Ciry Council slts as an nnpartial quasi judicial body 1n considering
these competing requests, the matters should be calendared without the need of any councilmember
approval. Any questions should be d'uected to Phil Byrne or Peg Birk, who represent the City
Council in such procedural matters.
Thank you for your attention to this matter. I will be out of the office all of next week, so I hope
this is clear for you.
cc: L,any Zielke, Attorney for Fleet Mortgage Corp. (831-4060)
Peg Birk, City Attorney
Phil Byme, Assistant City Attomey