03-675Council File # �3- t��5
Green Sheet # a ao� t� 0
Presented By
Refeired To
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
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Committee: Date
1 WHEREAS, on November 8, 2002, Truth-in-Sale-of-Housing Program (hereinafter, the
2 "Program") staff, acting pursuant to I.eg. Code § 189.10(8), sent a letter to Program evaluator
3 Ronald Staeheli indicating its intent to pursue adverse action against the license held by Staehli
4 and further advising him that a public hearing on the adverse action would be held before the
5 Truth-in-Sale-of-Housing Boazd (hereinafter, the "Boazd"), on November 20, 2002; and
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WHEREAS, Program staff alleged that Staeheli had violated various provisions of the truth-in-
sale-of-housing ordinance and its guidelines adopted under the provisions of L.eg. Code
§18915(a)(1) requiring compliance with the code of ethics, I.eg. Code § 189.15(a)(2) requiring
complete discloswe reports in accordance with Program standards and further alleged that
Staeheli had exhibited a pattern and practice of taking actions detrimental to the Program; and
WHEREAS, on 1Vovember 20, 2002, the Board duly conducted a public hearing where all
interested persons were given an opportunity to be heard; and
WHEREAS, at the public hearing, Program staff presented evidence of Staehli's violations and,
further, recommended that Staeheli's license be suspended for a period of six months with an
additional one-year's probation thereafter; and
WHEREAS, at the public hearing, Staeheli and other interested persons on Staeheti's behalf
were given an opportunity to be heard; and,
WHEREAS, at the close of t�ie public hearing, the Board found that the allegations that Staeheli
had violated standards for Program evaluators set forth in I.eg. Code § 189 had been
substantiated; and
WHEREAS, the Board, having found that Staeheli had violated Program standards, elected to
suspend Staeheli's Program evaluator license for a period of 30 days and to impose an additional
probationary period of one yeaz (after reinstatement of his license) during which Staehli's
inspection reports would be subject to random review and that further violations of Program
ordinances or Program guidelines could result in a permanent revocation of Staeheli's Program
evaluator license; and
WIIEREAS, pursuant to Leg. Code § 189.11, Staeheli duly filed an appeal from the Board's
decision and requested a hearing before the Saint Pau] City Council for the purpose of reviewing
the Board's findings; and
WHEREAS, the City Council duly conducted a public hearing on Staeheli's appeal on Januazy 8,
2003 where all persons interested were given an opportunity to be heard; and
1 WHEREAS, at the conciusion of the hearing, based upon the record of the Board and all the
2 testimony and records of the public hearing, the City Council moved to deny the appeal and to
3 uphold the deternunations of the Boazd; and
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5 WHEREAS, whereupon Staeheli filed an action in Ramsey County District Court, Court File
6 No.C2-03-340 to challenge the underlying determination of the Board and the Saint Paul City
7 Council's decision upholding the Board's determination in this matter; and
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WHEREAS, by an Order of the Court dated January 17, 2003, Staeheli's cause of action was
duly dismissed for lack of subject matter jurisdiction; and
03-�e�
WHEREAS, Staeheli had also previously iniriated a cause of action in Ramsey County District
Court against the City of St. Paul and Program staff alleging violations of Minn. Stat. §13.41,
Subd. 2 and which was pending at the time of the City CounciPs January 8, 2003 determinations;
and
WHEREAS, Mr. Staeheli contacted the City Attorney's Office-Civil Litigation Division to
discuss possibie settlement of the presently pending lawsuit as well as the matter of the Boazd's
deternunations upheld by the City Council; and
WHEREAS, settlement discussions have not lead to a resolution of the matter; THEREFORE
BE IT RESOLVED, that the Council of the City of Saint Paul hereby confirms the decision of
the Board regazding its determination to suspend Staeheli's Program evaluator license and to
impose a period of probation on that license based upon Staeheli's violations of the standards for
Program evaluators set forth in I.eg. Code § 189 and, accordingly, denies Mr. Staeheli's appeal
from those deternunations; and,
BE TI' FINALLY RESOLVED, that a copy of this resolution shall be mailed to the appellant and
to the Board.
Requested by Department of:
Adoption Certified by Council Secretary
By:
Form Appr d by City Attorney
By:
�.�"!✓l.�^^^.�- �- P � ° �
Approved by Mayor for Submission to Council
fI//,%!//•T�!/lI_L�
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Adopted by Council: Date ����-3
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DEPARTMENT/OFFICE/COUNG7L DATE INITWTED
c .rui 9 zoos GREEN SHEET No 200760
CONTACT PERSON 8 PFI�NE InNlawm �nxwlow
Peter Wazner � a ,,.�
MUST BE ON COUNqL AGQJDA BY (DAT�
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TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE)
CTION REQUESTm
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Resolurion Memorializing City Council action taken January J� 2003, upholding a decision of the TISH Boazd conceming adverse
action against the TISH license held by Ronald Staeheli.
RECOMMENDATION Approve ( or Rej (R) VERSONALSERViCE CONiRACfS MUSTANSWER TXE FOLLOWING QUESTIONS:
1. Has this persoNfirm everworketl under a mntrad for this department'7
PLANNING COMMISSION VES NO
CIB COMMITTEE 2. Fias aAe peraoNfirm ever been a city empwyee?
CIVILSERVICECOMMISSION YES No
3. Does thts perso�rm possess a sldll not rwimallypossessed by any wrteM ary employee?
YES NO
4. Is this persoMrm a tarpeted vendoYt
YES NO
E�lain all yes ansvrers on separate sheet a�d attach M green sheet
INITIATifdG PR08LEM iSSUE. OPPORTUNIN (Who. Whffi. When. Whe(e, WhY)
ADVANTAGESIFAPPROVED
DISADVANiAGES IF APPROVED
DISADVANTAGES IF NOT APPROVED �
TOTAL AMOUNi OF TRANSACTION S COST/REVENUE BUDOETED (GRCLE ONt� VES NO
FUNQWG SOURCE ACiNRY NUMBER
FINANCIAL INFORMATION (IXPWNj
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