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97-783.�_ Ar�wrd� ,. G `35 � q1 p � � � � I (� ( /� � Council File # �� 6 3 �� H Green Sheet # 3 ga 3S RESOLUTION CITY OF Presented By Referred To 2 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 MINNESOTA Committee: Date WHEREAS, the Court of Appeals has issued a writ of certiorari to the City Clerk of Saint Paul regazding Council File No. 97-724 regazding the demolition of 677 Kent Street and will soon be considering a mofion for a stay of enforcement of the council resolution brought by the relators, Bank of American, FSB, and HUD, and WHEREAS, the same relators have also filed a similar motion before the City Council requesting an uncondi6onal stay of execution of the resolution, and � WHEREAS, the Court of Appeals has previously remanded a certiorari appeal back to the City Council to impose reasonable terxns and conditions of a stay pending appeal and the City wishes to avoid any further delays in the abatement acfion, and WHEREAS, the vacant building at 677 Kent has been registered with the City in February of 1997 pursuant to Chapter 43 of the Saint Paul Legislative Code but the required vacant building fees of two hundred dollars ($200.00) have not yet been paid, and WHEREAS, the vacant building has been found unsecured and in need of boarding at least four tnnes since it was registered with the City and the relators' attorney has previously indicated to a vacant building inspector that her clients would not take action to boazd the building, and WIIEREAS, the City has needed to issue summary abatement orders to boazd the building and maintain the exterior area free of refuse and tall grass and weeds in response to neighbor complaints about the yard and suspected trespassers, and 28 WFIEREAS, vacant building inspectors haue routinely encountered difficulty in 29 obtaining a swift and appropriate response from mortgage banks and their attorneys or agents to 30 correct code violations found at snnilaz vacant buildings which have been brought to their 31 attention and such delays have been the result of a need to obtain authorization from persons out 32 of state, and 33 34 WHEREAS, the City risks claims for damages arising out of this nuisance condition; 35 now, therefore, be it 36 37 RESOLVED, that the City Council will only agree to stay the enforcement of its 38 resolution to demolish the building at 677 Kent Street within five days upon the following 39 reasonable terms and conditions which it finds will adequately protect the health and safety of 40 the City and its citizens: � z 3 4 5 6 8 9 10 11 12 13 14 15 ORIG[�!��. q�-�1�3 First, one of the relators will pay any vacant building fees due and owing the CiTy within three days of the adoption and approval of this resolution. Second, one or both of the relators will accept all responsibility for the e�:terior maintenance and security of the properry at 677 Kent Street, 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 conection notice or abatementorder., and one or both of the relators will correct any violations as ordered by the health inspector, but in all cases, such violations will be corrected within_ Thud, one or both of the relators will indemnify the City of Saint Paul to the extent of its statutory limit of tort liability of six hundred thousand dollars ($600,000.00) and any increase in such limits which may later become law. By: Appr By: Requested by D artment of: � ,/,� /��/� Bv: _ 1%�S� o✓v�.i �� .. 1 ( Fotm App �red by Citv A tomey By: Approved by Mayo for Submission to Council ay: Adopted by Council: Date ��q9� Adoption Certified by Counci Secretary °�rl -'13'3 3�� DEMH7MENTAFFlCE�COUNCIL DATE INITIATED CITY COUNCIL 6/19/97 GREEN SHEE CONTACT PERSON & PHONE INITIAL/DATE INITIAVDATE � DEPARTMENT DIflECTOfl O GTV COUNCIL Councilmember Blakey 266-8610 A�IGN aCITYATfORNEY OCINCLERK MUST BE ON COUNCIL AGENDA BY (OAT� NUYBEH FOR � BUDGEf DIRECTOR � FIN. & MGT. SERVICES DIR. ROUTING June ZJ , 1997 ORUEH O MAYOR (OF A$$ISTANT) O TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACiION RE�UESTED: Resolution regarding conditions upon any stay of execution of the City Council's order to demolish 677 Kent Street as requested by Saint Paul Public Health. (C.F. 97-724 adopted June 11, 1997). RECOMMENDA710N5: Approve (A) or Fieject (R) pEHSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: _ PLqNNING COMMISSION _ CIVIL SERVICE CAMMISSION �� Has this persoMirtn ever worketl under a contract for this departmeM? _ CIBCAMMRTEE _ YES NO _ S7AFF 2. Has this personRirm ever been a city employee? — YES NO _ DiSrqlci coUai _ 3. Does this personRirm possess a skill not normally possessed by any current city employee? SUPPORTSWHICHCOUNCILOBJECTIVE? YES NO Explain all yes answers on separate sheet antl attach to green shcet INITIATING PROBLEM, ISSUE, OPPORTUNITV (Who, Whet, When, lMiere, Why�: ADVANTAGESIFAPPROVED: DISADVANTAGES IF APPROVED. DISADVANTACaES IF NOTAPPflOVED. TOTAL AMOUNT OFTRANSACTION $ COST/HEVENUE BUDGE7ED (CIRCLE ONE) YES NO FUNDIIdG SOURCE ACTIVITY NUMBER FINANCIAL INFORM'ATION: (EXPLAIN) OFFICE OF Tf� CITY ATTORNEY PegBirk, CityAttorney O� � �^ p �1 � IV J CIT'Y OF SAINT PAUL Norm Colemtm, Mayor Civil Drvision 400 City Hall IS West Kellogg Blvd Saint Paul, Minnesota 55102 Telephone: 612 266-8710 Facsimile: 612198-5619 June 19, 1997 Dave Thune Council President Third Floor, City Hall 15 West Kellogg Avenue Saint Paul, MN 55102 Hand Delivered RE: Demolition of 677 Kent by Council Resolution 97-724 (approved June 12, 1997) Dear Council President Thune: Attached is a copy of a motion for a stay of execufion of the council's resolution to demolish the buiiding at 677 Kent within five days of resolufion; it has been placed on the agenda for public hearing on June 25, 1997. The motion is made by the Bank of America, FSB, (the mortgage holder) and HUD, who jointly filed an appeal of the council's decision with the Minnesota Court of Appeals on Tuesday of this week. The motion was placed so quickly on the council agenda for a hearing so that the parties may address the issue with the city council before the court of appeals takes its own action. A sixnilar motion has been made to the court of appeals, and although no hearing has been scheduled at the appellate court, it is likely to be heard on their special term calendaz on Tuesday, July 1. The council may deny the request, grant the request for the stay without conditions, or grant a stay with conditions which would reasonably protect the city and its citizens during the pendency of the appeal. If the council denies the request for a stay, the court of appeals may decide to stay the action anyway and perhaps remand the matter back to the council for considerafion of appropriate conditions. . Although the council has now authorized demolition of the nuisance building, the building still stands because of administrative requirements in the demolition process and the imprudent risk of precipitous action in the face of certain litigation. Considering the motion at the earliest opporiunity will avoid fiuther potentiat delays in ultimately enforcing the council's demolition resolution. , a`l -'1�3 As legal counsel for the public health deparnnent, I would ask the council to consider granting the stay with the conditions set forth in our own proposed resolution (a copy is also attached). We aze mindful that the court of appeals may instead grant a stay and remand the matter back to the council for conditions. Indeed, under the law an appellant is generally enritled to a stay upon the posting of security to protect the respondent from financial loss caused by a delay in enforcement. See Minn.RCiv. App. P 108 (regazding bonds and stays on appeai). The appellants/relators in this case have posted an appeal bond, but the public health division does not believe such a bond will adequately address the health and safety concerns of the public. Accordingly, the condirions that appeaz in our proposed resolurion are patterned after those which have been frequently ordered by district court judges who have issued temporary restraiuing orders in similaz cases. In our opuuon, the proposed conditions are designed to hold the appellants strictly responsible for the maintenance of the properry and fmancially protect the city against any clauns arising out of this public nuisance during the appeal process. We therefore respectfully request that you seek the consent of the city council to consider the appellants' morion and our own proposed resolution with conditions at the June 25, 1996, meeting of the city council. Very truly yours, � Stephen J. Christie Assistant City Attorney Attorney for the Division of Public Health cc: Members of the City Council Mayor Norm Coleman Peg Birk City Attomey Reneta Weiss, Inspector Supervisor Division of Public Health By FAX - 223-5199 Jane M. Hill Mumane, Conlin, White & Brandt Attorneys for the Relators Enc.: Motion for a Stay of Execution by Relators (with proposed resolution and letter) Proposed resolution recommended by Pubrc Health Mu�uvnivE CONLIN : �•• � Professional Associauon ATTORNEYS AT LAW Thomaz M. Conlin' Ro6ert W. Mumane Robert 7. W'hi¢ �on� E s.�a� _ loM D. Hirte Steven 1. KirscL Andrew 7. S6em M¢hael S. Ryan • I'd111C5F.B9�aN'Ip c. Taaa x«��e M�chael P.7iemey Daniel A. Haws' William L. Mman ILomaz A. Gilligan.lc. 7'6omaz 7. Norby Kammey M K Mahowald " PMU B.7iede Jane M. Flill Mark D. Cwin PaW C. Wright ' Also admitted in Wisconsin ♦t A1S0 8d0i[ICd Iil Nonh Dskota E. Willard M�unane (1907-1976) Chazles R. Mumaue (1913-1982) www.mumane.com c�� -'l8'3 June 18, 1997 CITY CLERK CITY OF SAINT PAUL surrE i�o crrY�, 15 WEST I�L.LOC'T(' BOULEVARD SAIIVT PAiJL MN 55102 STEPHEN CHRIS'I� ESQ 15 WEST KELLOGG BOLTLEVARD 500 CITY HAT "i. ST PAUL MN 55102 VIA HAND DELIVERY � ��_�� JUN 13 199Z . F C;� ' Y k ��' ��:.�-':��: Re: Bank of America, FSB and HUD v. City of St. Paul St. Paul City Council File No. - 24 Our File No. 42693 Dear Mr. Ctuistie: As you l�ow, our cli�ts Bank of Americ� FSB and the Secretary of Housing & Urban Developmern, have asked us to appeal the resolution of the St. Paui City Council directing the demolition of the property located az 677 Kent Street to the lviinnesota Court of Appeals. Because the appeal of this City Council action will not cause any ureparable harm to the City of St. Paul (i.e., if the Appellate Court rules against us, the demolition can occur after that Appellate Court decision), we hereby request that the City of St. Paul voluntan7y agee with us that the demolition will be "stayed" until the appeal is heard and decided by the l�nnesota Court of Appeals. We thank you for your attention to this request and we look forwazd to receiving an immediate answer to this request. VCiy trUly �'OUiS, ��F�� 7 J e M. I�ill ' (a�umane.com �ef Enclosures cc: Ms. Nancy Canale, Bank of America Ms. Sophie Hallauer, ISepartment of Fiousing & Urban Development 1800 Piper laffray Plaza • A4A Cedar Street • Saint Paul. Minnesota 55 ]Ol •(612) 227-99 ]]• Fax (6] 2) 2?3-5199 Esiablished 1940 �'1-7�3 IN RE: ORDER TO REPAIR OR DEMOLISH MOTION FOR A STAY Tf� BUII.DING AT 677 II�NT STREET • OF EXECUTION WTI��T FIVE DAYS OF RESOLUTION COUNCII. FILE NO. 97�� TO: Tf� CTTY COUNCII, OF THE CTTY OF ST. PAUL, bIITTNESOTA AND STEPFiEN CFIRISTIE, CTTY ATTORNEY OF TF� CTTY OF ST. PAUL We are ihe legai coimsei for the Bank of Americ� FSB, the �rtgagee on the above- referenced property and the Secretary of Housing & Urban Developmeat, the insurer of said mortgage. O�s clieats t�ave requested thai we appeal to the Ivfinnesota Court of Appeals the action of the St. Paui City Counc�l which ordered the property at 677 Kern Street, St. Paul, Ivfinnesota repaired or demolished within frve (5) days of the resolutioq starting June 12, 1997. We hereby requested the Crty Counc�7 of the City of St Paul to stay the order to demolish the bu�ding unh7 our clients' appeal is heard and decided by the Ivfinnesota Court of Appeais pursuaat to Maa Stai §14.65. Oiu basis for requestmg a stay of tbe demolrtion orda u� the appeal is decided is as follows: 1. If the Iv�innesota Court of AppeaLc affums the decision of the St. Paul City Counc�, the demolition can occur a8er the appellate procedure is completed. 2. The appeai w�l serve no gurpose if the demolition of the bu�ding is allowed to proceed as aureatly ordered. 3. There w71 be no way for the Court of Appeals to determine the merits of the case if the demolition is allowed to proceed. 4. There will be no greater (or lesser) batm to the members of the public if the Ciry Councal stays the demolirion order u� this appeai is decided by the Ivynnesota Court of Appeals. Based on the foregoiag we hereby request the City Councii of the City of St Pau! to stay the demolition order uatil our cliems' appeal is heard and decided by the Mmnesota Court of AppeaLs. An appeal has been Sled with the 11�innesota Court of Appeals on June 16, 1997. �1�1-'1€ 3 � In the event that the City Councl does not grarn the requested stay, it is our i�eation to proceed with our Motion before t6e Mmnesota Court of Appeals to orde.r such a stay of the demolition to adequatety protect our clients' rights herein. �.�:. i .,,�._. MLTRNA2�, CONLIN, WHITE & BRAI�IDT A Professional Association ��: - IF � 9� B 4'��!�,/�/1 - . B�a� #ioss6 J e M H'ill �KL47200 1800 Piper Jaffray PIa7a 444 Cedar Street Saint Paul MN 55101 (612) 227-9411 Attorneys for Barik of America, F.B. and Secretary of Hoasing & IIrban Devdopment . 2 q� -�Y3 R�: RESOLIITTON ' OF T� CITY OF SAINT PAIIL, MINNESOTA Counal File # 97.�4%' � RESOLVED, by Resolution of the City Counc� of the City of Saiat Paul adopted June 11, 1997 and approved June 12, 1997 that the propercy located at 677 K,�t Street, St. Paul, Mmnesota be repaired or removed within five (5) days. 1' 7{�' ' • �11 u.� _� a.. �. ��-� u.�� • x_ru�� • �u• � - n • p � � � . .t • n. v Ff7RTHEIt RESOLVED, thax said demolition s1�aIl belsbali not be stayed pending appeal to the Mmnesota Court of Appeals. Adopted by Council: Daie Adoption Certified by Council Secretazy � Approved by Mayor. Date � ��L ':7.E� rl � =1� . �n� :i�l � M f�''� Form Approved by City Attoraey � Approved by Mayor for Submission to Council By: sy: .�_ Ar�wrd� ,. G `35 � q1 p � � � � I (� ( /� � Council File # �� 6 3 �� H Green Sheet # 3 ga 3S RESOLUTION CITY OF Presented By Referred To 2 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 MINNESOTA Committee: Date WHEREAS, the Court of Appeals has issued a writ of certiorari to the City Clerk of Saint Paul regazding Council File No. 97-724 regazding the demolition of 677 Kent Street and will soon be considering a mofion for a stay of enforcement of the council resolution brought by the relators, Bank of American, FSB, and HUD, and WHEREAS, the same relators have also filed a similar motion before the City Council requesting an uncondi6onal stay of execution of the resolution, and � WHEREAS, the Court of Appeals has previously remanded a certiorari appeal back to the City Council to impose reasonable terxns and conditions of a stay pending appeal and the City wishes to avoid any further delays in the abatement acfion, and WHEREAS, the vacant building at 677 Kent has been registered with the City in February of 1997 pursuant to Chapter 43 of the Saint Paul Legislative Code but the required vacant building fees of two hundred dollars ($200.00) have not yet been paid, and WHEREAS, the vacant building has been found unsecured and in need of boarding at least four tnnes since it was registered with the City and the relators' attorney has previously indicated to a vacant building inspector that her clients would not take action to boazd the building, and WIIEREAS, the City has needed to issue summary abatement orders to boazd the building and maintain the exterior area free of refuse and tall grass and weeds in response to neighbor complaints about the yard and suspected trespassers, and 28 WFIEREAS, vacant building inspectors haue routinely encountered difficulty in 29 obtaining a swift and appropriate response from mortgage banks and their attorneys or agents to 30 correct code violations found at snnilaz vacant buildings which have been brought to their 31 attention and such delays have been the result of a need to obtain authorization from persons out 32 of state, and 33 34 WHEREAS, the City risks claims for damages arising out of this nuisance condition; 35 now, therefore, be it 36 37 RESOLVED, that the City Council will only agree to stay the enforcement of its 38 resolution to demolish the building at 677 Kent Street within five days upon the following 39 reasonable terms and conditions which it finds will adequately protect the health and safety of 40 the City and its citizens: � z 3 4 5 6 8 9 10 11 12 13 14 15 ORIG[�!��. q�-�1�3 First, one of the relators will pay any vacant building fees due and owing the CiTy within three days of the adoption and approval of this resolution. Second, one or both of the relators will accept all responsibility for the e�:terior maintenance and security of the properry at 677 Kent Street, 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 conection notice or abatementorder., and one or both of the relators will correct any violations as ordered by the health inspector, but in all cases, such violations will be corrected within_ Thud, one or both of the relators will indemnify the City of Saint Paul to the extent of its statutory limit of tort liability of six hundred thousand dollars ($600,000.00) and any increase in such limits which may later become law. By: Appr By: Requested by D artment of: � ,/,� /��/� Bv: _ 1%�S� o✓v�.i �� .. 1 ( Fotm App �red by Citv A tomey By: Approved by Mayo for Submission to Council ay: Adopted by Council: Date ��q9� Adoption Certified by Counci Secretary °�rl -'13'3 3�� DEMH7MENTAFFlCE�COUNCIL DATE INITIATED CITY COUNCIL 6/19/97 GREEN SHEE CONTACT PERSON & PHONE INITIAL/DATE INITIAVDATE � DEPARTMENT DIflECTOfl O GTV COUNCIL Councilmember Blakey 266-8610 A�IGN aCITYATfORNEY OCINCLERK MUST BE ON COUNCIL AGENDA BY (OAT� NUYBEH FOR � BUDGEf DIRECTOR � FIN. & MGT. SERVICES DIR. ROUTING June ZJ , 1997 ORUEH O MAYOR (OF A$$ISTANT) O TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACiION RE�UESTED: Resolution regarding conditions upon any stay of execution of the City Council's order to demolish 677 Kent Street as requested by Saint Paul Public Health. (C.F. 97-724 adopted June 11, 1997). RECOMMENDA710N5: Approve (A) or Fieject (R) pEHSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: _ PLqNNING COMMISSION _ CIVIL SERVICE CAMMISSION �� Has this persoMirtn ever worketl under a contract for this departmeM? _ CIBCAMMRTEE _ YES NO _ S7AFF 2. Has this personRirm ever been a city employee? — YES NO _ DiSrqlci coUai _ 3. Does this personRirm possess a skill not normally possessed by any current city employee? SUPPORTSWHICHCOUNCILOBJECTIVE? YES NO Explain all yes answers on separate sheet antl attach to green shcet INITIATING PROBLEM, ISSUE, OPPORTUNITV (Who, Whet, When, lMiere, Why�: ADVANTAGESIFAPPROVED: DISADVANTAGES IF APPROVED. DISADVANTACaES IF NOTAPPflOVED. TOTAL AMOUNT OFTRANSACTION $ COST/HEVENUE BUDGE7ED (CIRCLE ONE) YES NO FUNDIIdG SOURCE ACTIVITY NUMBER FINANCIAL INFORM'ATION: (EXPLAIN) OFFICE OF Tf� CITY ATTORNEY PegBirk, CityAttorney O� � �^ p �1 � IV J CIT'Y OF SAINT PAUL Norm Colemtm, Mayor Civil Drvision 400 City Hall IS West Kellogg Blvd Saint Paul, Minnesota 55102 Telephone: 612 266-8710 Facsimile: 612198-5619 June 19, 1997 Dave Thune Council President Third Floor, City Hall 15 West Kellogg Avenue Saint Paul, MN 55102 Hand Delivered RE: Demolition of 677 Kent by Council Resolution 97-724 (approved June 12, 1997) Dear Council President Thune: Attached is a copy of a motion for a stay of execufion of the council's resolution to demolish the buiiding at 677 Kent within five days of resolufion; it has been placed on the agenda for public hearing on June 25, 1997. The motion is made by the Bank of America, FSB, (the mortgage holder) and HUD, who jointly filed an appeal of the council's decision with the Minnesota Court of Appeals on Tuesday of this week. The motion was placed so quickly on the council agenda for a hearing so that the parties may address the issue with the city council before the court of appeals takes its own action. A sixnilar motion has been made to the court of appeals, and although no hearing has been scheduled at the appellate court, it is likely to be heard on their special term calendaz on Tuesday, July 1. The council may deny the request, grant the request for the stay without conditions, or grant a stay with conditions which would reasonably protect the city and its citizens during the pendency of the appeal. If the council denies the request for a stay, the court of appeals may decide to stay the action anyway and perhaps remand the matter back to the council for considerafion of appropriate conditions. . Although the council has now authorized demolition of the nuisance building, the building still stands because of administrative requirements in the demolition process and the imprudent risk of precipitous action in the face of certain litigation. Considering the motion at the earliest opporiunity will avoid fiuther potentiat delays in ultimately enforcing the council's demolition resolution. , a`l -'1�3 As legal counsel for the public health deparnnent, I would ask the council to consider granting the stay with the conditions set forth in our own proposed resolution (a copy is also attached). We aze mindful that the court of appeals may instead grant a stay and remand the matter back to the council for conditions. Indeed, under the law an appellant is generally enritled to a stay upon the posting of security to protect the respondent from financial loss caused by a delay in enforcement. See Minn.RCiv. App. P 108 (regazding bonds and stays on appeai). The appellants/relators in this case have posted an appeal bond, but the public health division does not believe such a bond will adequately address the health and safety concerns of the public. Accordingly, the condirions that appeaz in our proposed resolurion are patterned after those which have been frequently ordered by district court judges who have issued temporary restraiuing orders in similaz cases. In our opuuon, the proposed conditions are designed to hold the appellants strictly responsible for the maintenance of the properry and fmancially protect the city against any clauns arising out of this public nuisance during the appeal process. We therefore respectfully request that you seek the consent of the city council to consider the appellants' morion and our own proposed resolution with conditions at the June 25, 1996, meeting of the city council. Very truly yours, � Stephen J. Christie Assistant City Attorney Attorney for the Division of Public Health cc: Members of the City Council Mayor Norm Coleman Peg Birk City Attomey Reneta Weiss, Inspector Supervisor Division of Public Health By FAX - 223-5199 Jane M. Hill Mumane, Conlin, White & Brandt Attorneys for the Relators Enc.: Motion for a Stay of Execution by Relators (with proposed resolution and letter) Proposed resolution recommended by Pubrc Health Mu�uvnivE CONLIN : �•• � Professional Associauon ATTORNEYS AT LAW Thomaz M. Conlin' Ro6ert W. Mumane Robert 7. W'hi¢ �on� E s.�a� _ loM D. Hirte Steven 1. KirscL Andrew 7. S6em M¢hael S. Ryan • I'd111C5F.B9�aN'Ip c. Taaa x«��e M�chael P.7iemey Daniel A. Haws' William L. Mman ILomaz A. Gilligan.lc. 7'6omaz 7. Norby Kammey M K Mahowald " PMU B.7iede Jane M. Flill Mark D. Cwin PaW C. Wright ' Also admitted in Wisconsin ♦t A1S0 8d0i[ICd Iil Nonh Dskota E. Willard M�unane (1907-1976) Chazles R. Mumaue (1913-1982) www.mumane.com c�� -'l8'3 June 18, 1997 CITY CLERK CITY OF SAINT PAUL surrE i�o crrY�, 15 WEST I�L.LOC'T(' BOULEVARD SAIIVT PAiJL MN 55102 STEPHEN CHRIS'I� ESQ 15 WEST KELLOGG BOLTLEVARD 500 CITY HAT "i. ST PAUL MN 55102 VIA HAND DELIVERY � ��_�� JUN 13 199Z . F C;� ' Y k ��' ��:.�-':��: Re: Bank of America, FSB and HUD v. City of St. Paul St. Paul City Council File No. - 24 Our File No. 42693 Dear Mr. Ctuistie: As you l�ow, our cli�ts Bank of Americ� FSB and the Secretary of Housing & Urban Developmern, have asked us to appeal the resolution of the St. Paui City Council directing the demolition of the property located az 677 Kent Street to the lviinnesota Court of Appeals. Because the appeal of this City Council action will not cause any ureparable harm to the City of St. Paul (i.e., if the Appellate Court rules against us, the demolition can occur after that Appellate Court decision), we hereby request that the City of St. Paul voluntan7y agee with us that the demolition will be "stayed" until the appeal is heard and decided by the l�nnesota Court of Appeals. We thank you for your attention to this request and we look forwazd to receiving an immediate answer to this request. VCiy trUly �'OUiS, ��F�� 7 J e M. I�ill ' (a�umane.com �ef Enclosures cc: Ms. Nancy Canale, Bank of America Ms. Sophie Hallauer, ISepartment of Fiousing & Urban Development 1800 Piper laffray Plaza • A4A Cedar Street • Saint Paul. Minnesota 55 ]Ol •(612) 227-99 ]]• Fax (6] 2) 2?3-5199 Esiablished 1940 �'1-7�3 IN RE: ORDER TO REPAIR OR DEMOLISH MOTION FOR A STAY Tf� BUII.DING AT 677 II�NT STREET • OF EXECUTION WTI��T FIVE DAYS OF RESOLUTION COUNCII. FILE NO. 97�� TO: Tf� CTTY COUNCII, OF THE CTTY OF ST. PAUL, bIITTNESOTA AND STEPFiEN CFIRISTIE, CTTY ATTORNEY OF TF� CTTY OF ST. PAUL We are ihe legai coimsei for the Bank of Americ� FSB, the �rtgagee on the above- referenced property and the Secretary of Housing & Urban Developmeat, the insurer of said mortgage. O�s clieats t�ave requested thai we appeal to the Ivfinnesota Court of Appeals the action of the St. Paui City Counc�l which ordered the property at 677 Kern Street, St. Paul, Ivfinnesota repaired or demolished within frve (5) days of the resolutioq starting June 12, 1997. We hereby requested the Crty Counc�7 of the City of St Paul to stay the order to demolish the bu�ding unh7 our clients' appeal is heard and decided by the Ivfinnesota Court of Appeais pursuaat to Maa Stai §14.65. Oiu basis for requestmg a stay of tbe demolrtion orda u� the appeal is decided is as follows: 1. If the Iv�innesota Court of AppeaLc affums the decision of the St. Paul City Counc�, the demolition can occur a8er the appellate procedure is completed. 2. The appeai w�l serve no gurpose if the demolition of the bu�ding is allowed to proceed as aureatly ordered. 3. There w71 be no way for the Court of Appeals to determine the merits of the case if the demolition is allowed to proceed. 4. There will be no greater (or lesser) batm to the members of the public if the Ciry Councal stays the demolirion order u� this appeai is decided by the Ivynnesota Court of Appeals. Based on the foregoiag we hereby request the City Councii of the City of St Pau! to stay the demolition order uatil our cliems' appeal is heard and decided by the Mmnesota Court of AppeaLs. An appeal has been Sled with the 11�innesota Court of Appeals on June 16, 1997. �1�1-'1€ 3 � In the event that the City Councl does not grarn the requested stay, it is our i�eation to proceed with our Motion before t6e Mmnesota Court of Appeals to orde.r such a stay of the demolition to adequatety protect our clients' rights herein. �.�:. i .,,�._. MLTRNA2�, CONLIN, WHITE & BRAI�IDT A Professional Association ��: - IF � 9� B 4'��!�,/�/1 - . B�a� #ioss6 J e M H'ill �KL47200 1800 Piper Jaffray PIa7a 444 Cedar Street Saint Paul MN 55101 (612) 227-9411 Attorneys for Barik of America, F.B. and Secretary of Hoasing & IIrban Devdopment . 2 q� -�Y3 R�: RESOLIITTON ' OF T� CITY OF SAINT PAIIL, MINNESOTA Counal File # 97.�4%' � RESOLVED, by Resolution of the City Counc� of the City of Saiat Paul adopted June 11, 1997 and approved June 12, 1997 that the propercy located at 677 K,�t Street, St. Paul, Mmnesota be repaired or removed within five (5) days. 1' 7{�' ' • �11 u.� _� a.. �. ��-� u.�� • x_ru�� • �u• � - n • p � � � . .t • n. v Ff7RTHEIt RESOLVED, thax said demolition s1�aIl belsbali not be stayed pending appeal to the Mmnesota Court of Appeals. Adopted by Council: Daie Adoption Certified by Council Secretazy � Approved by Mayor. Date � ��L ':7.E� rl � =1� . �n� :i�l � M f�''� Form Approved by City Attoraey � Approved by Mayor for Submission to Council By: sy: .�_ Ar�wrd� ,. G `35 � q1 p � � � � I (� ( /� � Council File # �� 6 3 �� H Green Sheet # 3 ga 3S RESOLUTION CITY OF Presented By Referred To 2 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 MINNESOTA Committee: Date WHEREAS, the Court of Appeals has issued a writ of certiorari to the City Clerk of Saint Paul regazding Council File No. 97-724 regazding the demolition of 677 Kent Street and will soon be considering a mofion for a stay of enforcement of the council resolution brought by the relators, Bank of American, FSB, and HUD, and WHEREAS, the same relators have also filed a similar motion before the City Council requesting an uncondi6onal stay of execution of the resolution, and � WHEREAS, the Court of Appeals has previously remanded a certiorari appeal back to the City Council to impose reasonable terxns and conditions of a stay pending appeal and the City wishes to avoid any further delays in the abatement acfion, and WHEREAS, the vacant building at 677 Kent has been registered with the City in February of 1997 pursuant to Chapter 43 of the Saint Paul Legislative Code but the required vacant building fees of two hundred dollars ($200.00) have not yet been paid, and WHEREAS, the vacant building has been found unsecured and in need of boarding at least four tnnes since it was registered with the City and the relators' attorney has previously indicated to a vacant building inspector that her clients would not take action to boazd the building, and WIIEREAS, the City has needed to issue summary abatement orders to boazd the building and maintain the exterior area free of refuse and tall grass and weeds in response to neighbor complaints about the yard and suspected trespassers, and 28 WFIEREAS, vacant building inspectors haue routinely encountered difficulty in 29 obtaining a swift and appropriate response from mortgage banks and their attorneys or agents to 30 correct code violations found at snnilaz vacant buildings which have been brought to their 31 attention and such delays have been the result of a need to obtain authorization from persons out 32 of state, and 33 34 WHEREAS, the City risks claims for damages arising out of this nuisance condition; 35 now, therefore, be it 36 37 RESOLVED, that the City Council will only agree to stay the enforcement of its 38 resolution to demolish the building at 677 Kent Street within five days upon the following 39 reasonable terms and conditions which it finds will adequately protect the health and safety of 40 the City and its citizens: � z 3 4 5 6 8 9 10 11 12 13 14 15 ORIG[�!��. q�-�1�3 First, one of the relators will pay any vacant building fees due and owing the CiTy within three days of the adoption and approval of this resolution. Second, one or both of the relators will accept all responsibility for the e�:terior maintenance and security of the properry at 677 Kent Street, 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 conection notice or abatementorder., and one or both of the relators will correct any violations as ordered by the health inspector, but in all cases, such violations will be corrected within_ Thud, one or both of the relators will indemnify the City of Saint Paul to the extent of its statutory limit of tort liability of six hundred thousand dollars ($600,000.00) and any increase in such limits which may later become law. By: Appr By: Requested by D artment of: � ,/,� /��/� Bv: _ 1%�S� o✓v�.i �� .. 1 ( Fotm App �red by Citv A tomey By: Approved by Mayo for Submission to Council ay: Adopted by Council: Date ��q9� Adoption Certified by Counci Secretary °�rl -'13'3 3�� DEMH7MENTAFFlCE�COUNCIL DATE INITIATED CITY COUNCIL 6/19/97 GREEN SHEE CONTACT PERSON & PHONE INITIAL/DATE INITIAVDATE � DEPARTMENT DIflECTOfl O GTV COUNCIL Councilmember Blakey 266-8610 A�IGN aCITYATfORNEY OCINCLERK MUST BE ON COUNCIL AGENDA BY (OAT� NUYBEH FOR � BUDGEf DIRECTOR � FIN. & MGT. SERVICES DIR. ROUTING June ZJ , 1997 ORUEH O MAYOR (OF A$$ISTANT) O TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) ACiION RE�UESTED: Resolution regarding conditions upon any stay of execution of the City Council's order to demolish 677 Kent Street as requested by Saint Paul Public Health. (C.F. 97-724 adopted June 11, 1997). RECOMMENDA710N5: Approve (A) or Fieject (R) pEHSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING �UESTIONS: _ PLqNNING COMMISSION _ CIVIL SERVICE CAMMISSION �� Has this persoMirtn ever worketl under a contract for this departmeM? _ CIBCAMMRTEE _ YES NO _ S7AFF 2. Has this personRirm ever been a city employee? — YES NO _ DiSrqlci coUai _ 3. Does this personRirm possess a skill not normally possessed by any current city employee? SUPPORTSWHICHCOUNCILOBJECTIVE? YES NO Explain all yes answers on separate sheet antl attach to green shcet INITIATING PROBLEM, ISSUE, OPPORTUNITV (Who, Whet, When, lMiere, Why�: ADVANTAGESIFAPPROVED: DISADVANTAGES IF APPROVED. DISADVANTACaES IF NOTAPPflOVED. TOTAL AMOUNT OFTRANSACTION $ COST/HEVENUE BUDGE7ED (CIRCLE ONE) YES NO FUNDIIdG SOURCE ACTIVITY NUMBER FINANCIAL INFORM'ATION: (EXPLAIN) OFFICE OF Tf� CITY ATTORNEY PegBirk, CityAttorney O� � �^ p �1 � IV J CIT'Y OF SAINT PAUL Norm Colemtm, Mayor Civil Drvision 400 City Hall IS West Kellogg Blvd Saint Paul, Minnesota 55102 Telephone: 612 266-8710 Facsimile: 612198-5619 June 19, 1997 Dave Thune Council President Third Floor, City Hall 15 West Kellogg Avenue Saint Paul, MN 55102 Hand Delivered RE: Demolition of 677 Kent by Council Resolution 97-724 (approved June 12, 1997) Dear Council President Thune: Attached is a copy of a motion for a stay of execufion of the council's resolution to demolish the buiiding at 677 Kent within five days of resolufion; it has been placed on the agenda for public hearing on June 25, 1997. The motion is made by the Bank of America, FSB, (the mortgage holder) and HUD, who jointly filed an appeal of the council's decision with the Minnesota Court of Appeals on Tuesday of this week. The motion was placed so quickly on the council agenda for a hearing so that the parties may address the issue with the city council before the court of appeals takes its own action. A sixnilar motion has been made to the court of appeals, and although no hearing has been scheduled at the appellate court, it is likely to be heard on their special term calendaz on Tuesday, July 1. The council may deny the request, grant the request for the stay without conditions, or grant a stay with conditions which would reasonably protect the city and its citizens during the pendency of the appeal. If the council denies the request for a stay, the court of appeals may decide to stay the action anyway and perhaps remand the matter back to the council for considerafion of appropriate conditions. . Although the council has now authorized demolition of the nuisance building, the building still stands because of administrative requirements in the demolition process and the imprudent risk of precipitous action in the face of certain litigation. Considering the motion at the earliest opporiunity will avoid fiuther potentiat delays in ultimately enforcing the council's demolition resolution. , a`l -'1�3 As legal counsel for the public health deparnnent, I would ask the council to consider granting the stay with the conditions set forth in our own proposed resolution (a copy is also attached). We aze mindful that the court of appeals may instead grant a stay and remand the matter back to the council for conditions. Indeed, under the law an appellant is generally enritled to a stay upon the posting of security to protect the respondent from financial loss caused by a delay in enforcement. See Minn.RCiv. App. P 108 (regazding bonds and stays on appeai). The appellants/relators in this case have posted an appeal bond, but the public health division does not believe such a bond will adequately address the health and safety concerns of the public. Accordingly, the condirions that appeaz in our proposed resolurion are patterned after those which have been frequently ordered by district court judges who have issued temporary restraiuing orders in similaz cases. In our opuuon, the proposed conditions are designed to hold the appellants strictly responsible for the maintenance of the properry and fmancially protect the city against any clauns arising out of this public nuisance during the appeal process. We therefore respectfully request that you seek the consent of the city council to consider the appellants' morion and our own proposed resolution with conditions at the June 25, 1996, meeting of the city council. Very truly yours, � Stephen J. Christie Assistant City Attorney Attorney for the Division of Public Health cc: Members of the City Council Mayor Norm Coleman Peg Birk City Attomey Reneta Weiss, Inspector Supervisor Division of Public Health By FAX - 223-5199 Jane M. Hill Mumane, Conlin, White & Brandt Attorneys for the Relators Enc.: Motion for a Stay of Execution by Relators (with proposed resolution and letter) Proposed resolution recommended by Pubrc Health Mu�uvnivE CONLIN : �•• � Professional Associauon ATTORNEYS AT LAW Thomaz M. Conlin' Ro6ert W. Mumane Robert 7. W'hi¢ �on� E s.�a� _ loM D. Hirte Steven 1. KirscL Andrew 7. S6em M¢hael S. Ryan • I'd111C5F.B9�aN'Ip c. Taaa x«��e M�chael P.7iemey Daniel A. Haws' William L. Mman ILomaz A. Gilligan.lc. 7'6omaz 7. Norby Kammey M K Mahowald " PMU B.7iede Jane M. Flill Mark D. Cwin PaW C. Wright ' Also admitted in Wisconsin ♦t A1S0 8d0i[ICd Iil Nonh Dskota E. Willard M�unane (1907-1976) Chazles R. Mumaue (1913-1982) www.mumane.com c�� -'l8'3 June 18, 1997 CITY CLERK CITY OF SAINT PAUL surrE i�o crrY�, 15 WEST I�L.LOC'T(' BOULEVARD SAIIVT PAiJL MN 55102 STEPHEN CHRIS'I� ESQ 15 WEST KELLOGG BOLTLEVARD 500 CITY HAT "i. ST PAUL MN 55102 VIA HAND DELIVERY � ��_�� JUN 13 199Z . F C;� ' Y k ��' ��:.�-':��: Re: Bank of America, FSB and HUD v. City of St. Paul St. Paul City Council File No. - 24 Our File No. 42693 Dear Mr. Ctuistie: As you l�ow, our cli�ts Bank of Americ� FSB and the Secretary of Housing & Urban Developmern, have asked us to appeal the resolution of the St. Paui City Council directing the demolition of the property located az 677 Kent Street to the lviinnesota Court of Appeals. Because the appeal of this City Council action will not cause any ureparable harm to the City of St. Paul (i.e., if the Appellate Court rules against us, the demolition can occur after that Appellate Court decision), we hereby request that the City of St. Paul voluntan7y agee with us that the demolition will be "stayed" until the appeal is heard and decided by the l�nnesota Court of Appeals. We thank you for your attention to this request and we look forwazd to receiving an immediate answer to this request. VCiy trUly �'OUiS, ��F�� 7 J e M. I�ill ' (a�umane.com �ef Enclosures cc: Ms. Nancy Canale, Bank of America Ms. Sophie Hallauer, ISepartment of Fiousing & Urban Development 1800 Piper laffray Plaza • A4A Cedar Street • Saint Paul. Minnesota 55 ]Ol •(612) 227-99 ]]• Fax (6] 2) 2?3-5199 Esiablished 1940 �'1-7�3 IN RE: ORDER TO REPAIR OR DEMOLISH MOTION FOR A STAY Tf� BUII.DING AT 677 II�NT STREET • OF EXECUTION WTI��T FIVE DAYS OF RESOLUTION COUNCII. FILE NO. 97�� TO: Tf� CTTY COUNCII, OF THE CTTY OF ST. PAUL, bIITTNESOTA AND STEPFiEN CFIRISTIE, CTTY ATTORNEY OF TF� CTTY OF ST. PAUL We are ihe legai coimsei for the Bank of Americ� FSB, the �rtgagee on the above- referenced property and the Secretary of Housing & Urban Developmeat, the insurer of said mortgage. O�s clieats t�ave requested thai we appeal to the Ivfinnesota Court of Appeals the action of the St. Paui City Counc�l which ordered the property at 677 Kern Street, St. Paul, Ivfinnesota repaired or demolished within frve (5) days of the resolutioq starting June 12, 1997. We hereby requested the Crty Counc�7 of the City of St Paul to stay the order to demolish the bu�ding unh7 our clients' appeal is heard and decided by the Ivfinnesota Court of Appeais pursuaat to Maa Stai §14.65. Oiu basis for requestmg a stay of tbe demolrtion orda u� the appeal is decided is as follows: 1. If the Iv�innesota Court of AppeaLc affums the decision of the St. Paul City Counc�, the demolition can occur a8er the appellate procedure is completed. 2. The appeai w�l serve no gurpose if the demolition of the bu�ding is allowed to proceed as aureatly ordered. 3. There w71 be no way for the Court of Appeals to determine the merits of the case if the demolition is allowed to proceed. 4. There will be no greater (or lesser) batm to the members of the public if the Ciry Councal stays the demolirion order u� this appeai is decided by the Ivynnesota Court of Appeals. Based on the foregoiag we hereby request the City Councii of the City of St Pau! to stay the demolition order uatil our cliems' appeal is heard and decided by the Mmnesota Court of AppeaLs. An appeal has been Sled with the 11�innesota Court of Appeals on June 16, 1997. �1�1-'1€ 3 � In the event that the City Councl does not grarn the requested stay, it is our i�eation to proceed with our Motion before t6e Mmnesota Court of Appeals to orde.r such a stay of the demolition to adequatety protect our clients' rights herein. �.�:. i .,,�._. MLTRNA2�, CONLIN, WHITE & BRAI�IDT A Professional Association ��: - IF � 9� B 4'��!�,/�/1 - . B�a� #ioss6 J e M H'ill �KL47200 1800 Piper Jaffray PIa7a 444 Cedar Street Saint Paul MN 55101 (612) 227-9411 Attorneys for Barik of America, F.B. and Secretary of Hoasing & IIrban Devdopment . 2 q� -�Y3 R�: RESOLIITTON ' OF T� CITY OF SAINT PAIIL, MINNESOTA Counal File # 97.�4%' � RESOLVED, by Resolution of the City Counc� of the City of Saiat Paul adopted June 11, 1997 and approved June 12, 1997 that the propercy located at 677 K,�t Street, St. Paul, Mmnesota be repaired or removed within five (5) days. 1' 7{�' ' • �11 u.� _� a.. �. ��-� u.�� • x_ru�� • �u• � - n • p � � � . .t • n. v Ff7RTHEIt RESOLVED, thax said demolition s1�aIl belsbali not be stayed pending appeal to the Mmnesota Court of Appeals. Adopted by Council: Daie Adoption Certified by Council Secretazy � Approved by Mayor. Date � ��L ':7.E� rl � =1� . �n� :i�l � M f�''� Form Approved by City Attoraey � Approved by Mayor for Submission to Council By: sy: