Approved Minutes 1-8-2003Page 1 of 13
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, January 8, 2003 - 3:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Public Hearings
The meeting was called to order at 3:35 p.m by Council President Bostrom.
Present - 6 - Benanav, Blakey, Bostrom, Harris, Lantry, Reiter
Absent - 1 - Coleman (excused)
CONSENT AGENDA (Items 1 - 28)
Councilmember Blakey requested Item 18 be removed for discussion.
Councilmember Blakey moved approval of the balance of the consent agenda as amended
Adopted as amended Yeas - 6 Nays - 0.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Doublas Burkhardt, Jeff Garetz/Load- Bearing, Inc., and Kelly Johnson.
Referred to the Risk Management Division
2. Letter from District Energy St. Paul (Hot Water Franchise) notifying the City of the release of their
audited financial statement for the fiscal year ending September 30, 2002. (Copy available in City
Clerk's Office for review)
3. Letter from District Cooling St. Paul (Chilled Water Franchise) notifying the City of the release of
their audited financial statement for the fiscal year ending September 30, 2002. (Copy available in City
Clerk's Office for review)
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4. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on January 22, 2003, to consider the appeal of Wally Nelson to a
decision of the Board of Zoning Appeals denying three variances in order to split a lot and construct a
new single family dwelling at 1036 Desoto Street.
5. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on January 22, 2003, to consider the appeal of Maya and Nicholas
Lopez- SantaMaria to a decision of the Board of Zoning Appeals denying a variance in order to move an
over -size garage onto the property at 492 Concord Street.
6. Letter from the Real Estate Division announcing a public hearing before the City Council on January
22, 2003, to consider the petition of the City of Saint Paul to vacate Norpac Road and dispose of the
City's interest of excess property to be used for the Troutbrook Project.
7. Letter from the Real Estate Division announcing a public hearing before the City Council on January
22, 2003, to consider the petition of Todd Daddario to vacate the north half of Pullman Avenue from the
east line of White Bear Avenue to 140 feet east for additional space needed for construction of a
driveway.
8. Letter from the Real Estate Division announcing a public hearing before the City Council on January
22, 2003, to consider the petition of the Hmong American Partnership to vacate part of the alley in E. M.
Mackubin's Subdivision of Block 1, Arlington Hills Addition to facilitate the construction of an office
building.
9. Letter from the Citizen Service Office, Division of Property Code Enforcement, declaring 893 Desoto
Street as nuisance property. (For notification purposes only; a public hearing will be scheduled at a
future date if necessary.)
10. Administrative Orders:
D002225 Extending the contract with Shafer Contracting Company for the Kellogg Boulevard
Streetscape Project due to additional work that was required and delays because of weather conditions.
D002226 Authorizing payment, not to exceed $150.00, to Byerly's to cover expenses for food service
for the participants in the Saint Paul Police Department's Professional Development Institute - Tactical
Search & Seizure Seminar on January 29, 2003.
D002227 Authorizing payment, not to exceed $200.00, to Big Top Wine and Spirits to cover expenses
for beverages and refreshments for civilian volunteers participating in the Saint Paul Police
Department's three day training course on Standardized Field Sobriety Tests and DWI Procedures for
the Saint Paul Police Cadet Academy 2002.
D002228 Authorizing payment of $175.18 to the Holiday Inn Express and Pizza Factory from the
budget of the Office of Marketing & Promotion for staff attending a retreat on November 14, 2002 to
plan Marketing's 2003 special events.
D002229 Amending the budget of the Community Development Block Grant Fund by increasing the
budget of the Martin Luther King Sitework Project by $45,000.
D002230 Reimbursing a Director of Technology and Management Services finalist candidate up to a
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total of $1,500.00 for travel expenses incurred while traveling to Saint Paul for a final interview with the
Mayor's Office.
D002231 Amending the 2002 budget of the City Sales Tax Capital Projects Fund in the Department of
Planning and Economic Development by changing the object code to reflect the revenues and expenses.
Noted as on file in the City Clerk's Office
FOR ACTION
11. Approval of minutes of December 4, 2003.
Adopted Yeas - 6 Nays - 0
12. Resolution - 03 -5 - Approving the appointment of Paulette Swindeman, by Mayor Kelly, to the
Police Civilian Internal Affairs Review Commission.
Adopted Yeas - 6 Nays - 0
13. Resolution - 03 -6 - Approving the appointment of Paul Middleton and Valentine O'Malley, by
Mayor Kelly, to the Saint Paul Parks and Recreation Commission.
Adopted Yeas - 6 Nays - 0
14. Resolution - 03 -7 - Recommending that the Board of Ramsey County Commissioners approve, with
conditions, the repurchase application for property at 783 Como Avenue.
Adopted Yeas - 6 Nays - 0
15. Resolution - 03 -8 - Concerning adverse action against the Tree Trimmer and Vehicle license held by
Beck Enterprises, Inc., dba River Junction Tree Service.
Adopted Yeas - 6 Nays - 0
16. Resolution - 03 -9 - Concerning adverse action against the Tree Trimmer and Vehicle license held by
Mike Dragich, dba Quality Brush and Stump Removal.
Adopted Yeas - 6 Nays - 0
17. Resolution - 03 -10 - Waiving the distance limitation on alcohol sales for On -Sale and Sunday On-
Sale Liquor Licenses near a school, church, or synagogue for Eagle Street Grille, 174 West 7th Street.
Adopted Yeas - 6 Nays - 0
18. ( Discussed after the consent agenda
19. Resolution - 03 -12 - Rescinding Council File 02 -1188 adopted by the City Council on December 18,
2002, for the property at 1198 Sherburne Avenue.
Adopted Yeas - 6 Nays - 0
(Note: also see Item 44 )
20. Resolution - 03 -13 - Canceling Final Order 00 -689 adopted July 26, 2000, for improvements on
Fourth Street East which were not installed.
Adopted Yeas - 6 Nays - 0
21. Resolution - 03 -14 - Authorizing the proper City officials to accept and set up a financing and
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spending plan for donations from the Capital River Council in the amount of $1,700 and from the
Summit Avenue Residential Preservation Association in the amount of $3,400 to be used toward hiring
horticultural interns.
Adopted Yeas - 6 Nays - 0
22. Resolution - 03 -15 - Approving payment of $16,500.00 to Eduardo Martin Torres and his attorneys
Schwebel Goetz & Sieben in full settlement of their claim against the City of St. Paul.
Adopted Yeas - 6 Nays - 0
23. Resolution - 03 -16 - Amending the contract with the East Consolidated Weed and Seed Program and
District 6 Planning Council, to provide additional services and to make the corresponding amendment to
the budget to authorize use of the additional funds for the additional service.
Adopted Yeas - 6 Nays - 0
24. Resolution - 03 -17 - Accepting an Intensive Spanish Training Grant from the Minnesota Department
of Public Safety for an intensive Spanish language training program for police officers and authorizing
the City of Saint Paul to enter into and Chief William Finney to implement the agreement.
Adopted Yeas - 6 Nays - 0
25. Resolution - 03 -18 - Accepting a $200,000 Value Based Initiative Grant from the United States
Department of Justice to develop and coordinate community partnerships with the faith community and
authorizing the City to enter into and Chief William Finney to implement the agreement.
Adopted Yeas - 6 Nays - 0
26. Resolution - 03 -19 - Dedicating City -owned property for roadway purposes as needed for the
construction of Phalen Boulevard.
Adopted Yeas - 6 Nays - 0
27. Resolution - 03 -20 - Accepting the dedication of properties owned by the Saint Paul Port Authority
for street and roadway purposes necessary for the construction of Phalen Boulevard.
Adopted Yeas - 6 Nays - 0
28. Resolution - 03 -21 - Accepting the dedication of temporary and permanent easements on property
owned by the Saint Paul Housing and Redevelopment Authority for the construction of Phalen
Boulevard.
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
18. Resolution - 03 -11 - Adjusting the STAR loan portfolio regarding the bankruptcy of the Frogtown
Action Alliance.
Councilmember Blakey stated the STAR loan to the Frogtown Action Alliance went bad and he felt
Shem Shakir should also be added to the City's adverse lending list.
Councilmember Harris stated that Line 16 should be 477198 instead of $77198.
Councilmember Blakey moved approval as amended,
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Adopted as amended Yeas - 6 Nays - 0
29. Resolution - 02 -1215 - Approving the appointment of Gina LaForce, by Mayor Kelly, as Library
Director effective December 2, 2002. (Laid over from December 26)
Councilmember Lantry moved approval.
Adopted Yeas - 6 Nays - 0
(Items 30, 31, and 32 were discussed in tandem.)
30. Report from the City Attorney's Office on the legal status of the State of Minnesota vs. Krinkie &
Snelling Company case. (Report requested by the Council on January 2)
Manuel Cervantes, City Attorney, said his recommendation was to continue the discussion of Items 30,
31 and 32 for a few weeks as they are in the midst of an appeal.
Councilmember Blakey said he assumed the Office of LIEP would still be moving forward with a
written policy and Council President Bostrom responded it would still continue.
Laid over to January 22 Yeas - 6 Nays - 0
31. Report from the Office of License, Inspections and Environmental Protection regarding their
inspection policies and controls. (Report requested by the Council on January 2)
Laid over to January 22 Yeas - 6 Nays - 0
32. Review report from Council Research regarding the Office of License, Inspections and
Environmental Protection's Performance Audit as it relates to inspections /correction notices. (Report
requested by the Council on January 2)
Laid over to January 22 Yeas - 6 Nays - 0
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY CO UNCIL. IT IS READ AT FO UR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
CO UNCIL AND 30 DAYS AFTER P UBLICATION IN THE SAINT PA UL LEGAL LEDGER
(Items 33 and 34 were discussed in tandem.)
33. Second Reading - 03 -3 - An ordinance establishing the minimum qualifications for the vacancy for
the position of Fire Chief pursuant to the provisions of Section 9.01 (a) of the Administrative Code and
Section 12.12.1 of the Saint Paul City Charter.
Laid over to January 22 for third reading /public hearing
34. Second Reading - 03 -4 - An ordinance establishing an Examining Committee for the position of Fire
Chief pursuant to the provisions of Section 12.12.1 of the Saint Paul City Charter.
Laid over to January 22 for third reading /public hearing
Councilmember Lantry said she requested and received information from Nancy Nalezny, Human
Resources Director. Those questions include the old qualifications for fire chief, what are the new
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qualifications ?, why have they changed ?, and who is excluded from the process ?. She requested the
Administration to report back to the City Council with their thoughts on how those qualifications arose.
On Item 34, she asked about the committee makeup. This will give the Council a better idea of whether
or not there is anything the City Council should address. Ms. Lantry talked to Deputy Mayor Flaherty
and expressed her concerns but, again, she was the only one with the benefit of that information. She
asked about putting another name on the committee and he suggested she propose that name. She also
had questions about Chief Fuller being on the committee. She does think it is important he is on it
because he brings a lot of information, but she has concerns about an interview candidate who comes
forward and may want to suggest changes but may be hesitant with the Chief present. She suggest that
perhaps Chief Fuller should be an ex officio committee member. Mr. Flaherty said that the committee
would be broken down into subcommittees, one of which would pair down the number of interviews. If
Chief Fuller was part of that, he could assist non - firefighters on the committee. He would be there for
technical assistance and other skills he thinks are important.
Councilmember Lantry suggested Councilmembers with questions should submit them immediately in
order to keep the public hearing on January 22. If there are suggestions to add for the committee, that
could be done on January 15.
Council President Bostrom asked Mr. Flaherty if the Administration has a problem with any requests
made by Ms. Lantry and if they are prepared to deal with those issues. Mr. Flaherty responded that he
would get the report to each Councilmembers prior to the January 15 City Council meeting. If anyone
has additional information or questions, they should contact him.
In reading Councilmember Blakey's resolution, Councilmember Lantry concurred that it is important to
have City Council Research as part of this discussion as they can bring some expertise to this process.
Councilmember Blakey stated he would have preferred that the ordinances were not brought in under
suspension. He assumed his colleagues had appointed the people. He asked Council Research to look at
what the City has done in the past and said the process of hiring Chief Finney was a good one. There
may be other people who should be on the committee. With the substitute resolution, he would have: 1)
Council Research review the City's charter, code, and describe the process for selecting a new fire chief.
The process should be given by the City Council, 2) Council Research examine historical records
pertaining to the appointment of former fire chiefs and relevant police chiefs in the City to determine the
hiring model to be used, 3) Based on the review, Council Research recommend a process for hiring of
the new Fire chief. Blakey said the way he currently sees the process, hardly anyone in the current fire
department would be eligible for fire chief and no women would be eligible. The issue of terrorism
should be discussed as well, Blakey said. He said he would like this information by January 22 and that
the public hearing be held on February 5. He thinks Chief Fuller needs to be part of the discussion, but
he should be ex officio.
Councilmember Blakey moved approval of his resolution.
Councilmember Lantry stated there were committees in 1992. With the current part -time Council, there
is not the benefit of many of the structures in place in 1992. She said her concern with Blakey's
resolution is that she feels the process can be done quicker than what he suggested.
Marcia Moermond, Council Research Policy Analyst, stated a request was received from
Councilmember Blakey on January 7 to look into some of these matters and to provide assistance on the
two ordinances. The third item on the list could be rephrased to develop a recommended process.
Council Research would not be able to conduct an in -depth analysis or provide a fully articulated hiring
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process in one week, but they could provide outlines of the kinds of things that need to be looked at or
have been looked at in the past and proven to be successful, Moermond said.
Council President Bostrom stated Item 3 could be changed so that Council Research will review the
recommended process.
Councilmember Harris said he has the same concerns as Blakey. If the City Council can get the
information a week before the public hearing, that would do the public hearing some justice.
Council Research can check the charter and codes to make sure things are consistent, look at the
historical records pertaining to appointments, and review the process the Administration has created,
Bostrom said
Councilmember Lantry reminded the Council that the selection of the police chief was eleven years ago
and the Council may not do things the same as they did in 1992.
Mr. Blakey said he has a few people in mind who he would like on the committee and he feels a
Councilmember should be on the committee as well. The whole issue is going too fast, Blakey said. Ms.
Lantry responded these are ordinances and, therefore, they will be before the Council four times.
Because all her questions were answered, she was fine with the process. If it takes longer to bring
everyone to the same point she is at and the information on Wednesday prompts more questions, then
that's an issue for the following week.
Mr. Blakey asked if someone from Human Resources was going to be on the committee. Mr. Flaherty
stated he has been working with John Shockley and Lisa McKeown in Human Resources who have
helped him do research on this issue. He is assuming Ms. McKeown will be the staff person on the
committee.
Mr. Blakey stated he would like to know the race and gender of the qualified candidates. If the bar is set
at having 20 years of command experience, that would probably exclude most of the women. Mr.
Flaherty responded they thought about ten years of command experience and lowered it to half. They
want someone to have multi- command experience and involved in fighting fires to be a minimum for the
chief.
Ms. Lantry stated they should make sure they get a broad base. Adding a masters degree to the five year
command experience would pare the number of applicants down and she suggested they look at that.
The City Council requested that the Administration and Council Research provide a report at their
January 15, 2003, City Council meeting on the following matters regarding the two ordinances:
Administration to provide a report describing the process they used to determine the minimum
qualifications for a new Fire Chief and describe what shifts in policy these qualifications represent when
compared to past qualifications for hiring new Fire Chiefs;
Administration to provide a report on the qualifications and experience of the members selected to serve
on the Fire Chief's Examining Committee;
Council Research to review the City's Charter, Code and other related materials and describe the process
for selecting a new Fire Chief,
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Council Research to examine historical records pertaining to the appointment of former Fire, and if
relevant, Police Chiefs in the City to determine the type of hiring model to be used in the current
situation;
Council Research to review a recommended process for the hiring of the new Fire Chief.
The Office of Human Resources, in consultation with Council Research, develop a report on the
potential pool of candidates under the new (2003) and old (1990) minimum qualifications, noting the
race and gender of the potential candidate pool.
35. First Reading - 03 -22 - An ordinance prohibiting deer feeding within the City.
Laid over to January 15 for second reading
Councilmember Reiter moved suspension of the rules and approval of the following resolution:
Resolution - 03 -27 - Authorizing the Citizen Services /Marketing and Promotions Office to solicit
donations from outside sources to help defray the costs needed for the 2003 Winter Carnival Mayoral
Reception.
Adopted Yeas - 6 Nays - 0
(The meeting was recessed from 4:15 to 5:35 p.m.)
Roll Call: - Present - 6 Absent - 1 - Coleman (excused)
PUBLIC HEARINGS
36. Third Reading - 02 -1167 - An ordinance amending Chapter 411 of the Saint Paul Legislative Code
to eliminate the numbers of performers allowed by a Class A license.
Larry Zangs, Department of Planning and Economic Development (PED), presented a staff report.
Entertainment licenses are issued to liquor establishments that provide music, live bands, recorded
music, or audience participation. The license requirements limits the number of musicians to three. If
there are more than three, it is an Entertainment B License. A lot of bands are more than three. Adding
one more entertainer trips a review by the zoning requirement for parking. It becomes complicated to
simply add a fourth musician. It does not change the audience participation.
Councilmember Harris stated this is a common sense change to the ordinance.
Councilmember Lantry moved to close the public hearing Yeas - 6 Nays - 0
Laid over to January 15 for final adoption
37. Third Reading - 02 -1186 - An ordinance amending interim ordinance 01 -648, adopted July 18, 2001,
which imposed a moratorium on the use of property in the area presently under study for the Arcade
Street Area Study pending completion of the study and any possible amendments to the City's
Comprehensive Plan or Zoning Ordinance deemed necessary to give effect to the study.
Council President Bostrom stated this ordinance allows for portable buildings at Farnsworth Elementary
School.
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Mr. Quinn from the School District appeared and stated they would like to place two portables on the
northeast corner of the property. Two trees will require removal.
Councilmember Reiter moved to close the public hearing. Yeas - 6 Nays - 0
Laid over to January 15 for final adoption
38. Third Reading - 02 -1187 - An interim ordinance adopted pursuant to Minnesota Statute 462.355,
Subd. 4, preserving the status quo with respect to convenience stores.
Councilmember Blakey withdrew the ordinance but said he is continuing to go forward with the
Licensing Office to do a study of convenience stores.
Withdrawn Yeas - 6 Nays - 0
39. Public hearing to consider the appeals of David Dorris, Charles and Carolyn Dorris, Louis Stanfield
and Jennifer Dorris to a decision of the Heritage Preservation Commission denying a building permit to
convert an auto garage to a residence at 1575 Summit Avenue (Summit Avenue West Historic District).
Councilmember Benanav moved to continue the public hearing as there are discussions taking place
between the Heritage Preservation Commission (HPC) and the appellant.
Laid over to January 22 for continuation of the public hearing.
Yeas - 6 Nays -0
40. Public hearing to consider the appeal of Ron Staeheli regarding the ruling of the Saint Paul Truth -in-
Sale of Housing Board.
Connie Sandberg, Program Administrator for the Truth -in -Sale of Housing Program in Code
Enforcement presented a staff report. On November 20, 2002, the Truth -in -Sale of Housing Board held a
special meeting to hear a disciplinary matter involving Mr. Staeheli, an evaluator in the truth -in -sale of
housing program. She prepared the materials for the board without a formal presentation. The board
took public testimony and presented materials. The allegations are that in preparing the disclosure
reports for four dwellings, Mr. Staeheli failed to follow the evaluator guidelines and, therefore, violated
the evaluator code of ethics. Failure to comply with the duties is sufficient cause for the board to take
adverse action. Staff investigators found the complaints to be valid and recommended to the board that
the evaluator be given a six month suspension and a one year probationary period. The board found the
complaints to be valid and imposed a sanction of a one month suspension of his license during which
time he is prohibited from working as an evaluator. The board also imposed a one year probationary
period and the board would review his reports. If there are any complaints during that period, it will
result in a permanent revocation of his license.
Ron Staeheli appeared and stated the suspension and probation is illegal and must be revoked by this
Council. Every rule, guideline, law, ordinance, custom, and precedent that was used in prosecuting him
was not enforced until weeks and months after the action in question. He said there has never been a
complaint against him. He provided the Council with documentation which he reviewed. Under bylaws
the board enforced at the time of the inspections, not one evaluator had even been disciplined for
missing items on a report in the 23 years of the program.
In summary, Staeheli said the Board received reports, received complaints from competition, changed
the law and guidelines, and prosecuted someone from the past for not following the laws and guidelines
from when the person did the reports. He asked the Council to reverse the decision of the board.
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Jerry Beedle, Chair of the Truth -in -Sale of Housing Board, appeared and stated the board is a volunteer
organization. The ordinance is meant to protect the buyers. They have amendments to the guidelines, but
Mr. Staeheli was not prosecuted under the new guidelines. He is the only licensed evaluator for his firm.
Some of the data and pictures disclosed to the City evaluators were more than appalling, Beedle said.
They thought they were more than generous when they reduced the suspension from six months to one
month. They also thought they needed to keep an eye on this which was the reason for the one year
extension. It seemed like there were a lot of things going on that needed to be looked into further. There
is a lot of integrity in the committee and part of the reason for the length of time addressing the issue
was that Mr. Staeheli was not always available.
Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0
Councilmember Benanav stated any group can set its own rules and he asked if there were standards put
in place after these violations. Ms. Sandberg responded they are in the process of changing by -laws,
which hadn't been changed since 1979. The purpose of the change was to clarify them. The only
substantive change was to reduce the number of hearings by the board.
Mr. Benanav asked if the same standards were in effect at the time of the investigation. Ms. Sandberg
responded that in the course of the investigation, she did throw out items of complaint that were in the
original complaint that were not on the same guidelines.
Mr. Benanav noted Staeheli's statement that there was a meeting that took place in April without him
receiving notice. Ms. Sandberg responded it had been scheduled on the agenda and they didn't meet
notice. There were materials presented, they were withdrawn, and there was no board discussion.
Councilmember Harris asked Ms. Sandberg if she was both the program administrator and on the board.
Ms. Sandberg responded she sits on the board and counts as a quorum, but she does not vote.
Mr. Harris stated the staff report contained information that Mr. Staeheli made complaints about other
evaluators. Ms. Sandberg responded there was a statement that she made to go to the point that he knew
the guidelines. In other words, he knows the guidelines well enough by making complaints against other
evaluators on the same issue.
Mr. Benanav moved to deny the appeal and support the decision of the Truth -in- Housing Board. He said
he did not feel Mr. Staeheli was held to a different standard. As long as there was no ex- parte
communication or hearing about his notice, he does not see any reason to overrule the board's decision.
Councilmember Reiter noted that Mr. Staeheli is the sole employee of his company and he questioned if
they could extend the probationary period and eliminate the thirty days suspension of his license. He
asked if this was the first time there has been a problem with him. Ms. Sandberg responded no.
Motion of Intent - Appeal Denied Yeas - 6 Nays - 0
41. Resolution - 03 -23 - Approving the decisions of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 177 Winifred Street West, 44 and 325 Cedar Street (appeal
withdrawn for 325 Cedar Street). (Legislative Hearing Officer recommends denying the Notice of
Condemnation appeal for property at 177 Winifred Street West, 44.)
Marcia Moermond, Legislative Hearing Officer, reported that Tionna Cannedy, 177 Winifred Street was
being represented by Southern Minnesota Regional Legal Services (SMRLS). Ms. Cannedy did not
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follow through with her obligations to SMRLS to complete some basic contracts. Neither SMRLS nor
Ms. Cannedy appeared for the Legislative Hearing. Ms. Cannedy did not contact Ms. Moermond, but
SMRLS did.
Ms. Moermond stated Nancy Homans, Legislative Aide to Councilmember Coleman, and the district
council were briefed on this property and Ms. Moermond has heard nothing further from them so her
recommendation was for approval of the resolution.
No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0
42. Resolution - 03 -24 - Ordering the owner to remove or repair the building(s) at 790 Laurel Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying
over to the January 14, 2003, Legislative Hearing and the January 22, 2003, City Council Meeting.)
Marcia Moermond, Legislative Hearing Officer, stated this involves a complex estate settlement. Before
the first Legislative Hearing, Mr. Oliver obtained a court order to gain access to theproperty. Given the
complexity of the situation, she suggested allowing additional time to formulate plans.
Councilmember Blakey moved to lay over to January 22.
Laid over to January 22 Yeas - 6 Nays - 0
43. Resolution - 03 -25 - Ordering the owner to remove or repair the building(s) at 730 Sherburne
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
laying over to the January 14, 2003, Legislative Hearing and the January 22, 2003, City Council
Meeting.)
Marcia Moermond, Legislative Hearing Officer, stated Lawrence Zielke (Ameriquest Mortgage
Company) appeared at the Legislative Hearing and said that his company would be taking possession of
this property on January 2, 2003, and he asked to have until that time to get the building inspected. The
bond was posted on January 3 to go ahead with the repairs so Ms. Moermond recommended a layover.
Councilmember Blakey moved to lay over to January 22
Laid over to January 22 Yeas - 6 Nays - 0 (Also see Item 19)
44. Resolution - 03 -26 - Ordering the owner to remove or repair the building(s) at 1198 Sherburne
Avenue within fifteen (15) days from adoption of resolution. (This resolution replaces Council File 02-
1188). No public testimony will be received at this meeting but will be heard on February 26th.
(Legislative Hearing Officer recommends laying over to the February 11, 2003, Legislative Hearing and
the February 26, 2003, City Council Meeting.)
Marcia Moermond, Legislative Hearing Officer, stated this resolution was before the Council recently
and the vote was misunderstood. Item 19 on this agenda rescinded the file that was exactly the same
language in front of the Council today. The vote that the Council took was apparently for the
recommended layover recommended but was misunderstood as being for the demolition.
Councilmember Blakey recommends laying over to February 26.
Laid over to February 26 Yeas - 6 Nays - 0
(Benanav left)
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45. Public hearing to consider the appeal of Nicollet Restoration to a decision of the Planning
Commission to revoke a River Corridor Conditional Use Permit to allow four single boat docks and one
group dock, with provision for propane gas and electricity for boats using the dock, at 436 Shepard
Road.
Rich Malloy, Department of Planning and Economic Development (PED), appeared and stated he
received a letter on January 3 requesting to lay over the hearing to February 5. He contacted
Councilmember Coleman's Aide Nancy Homans.
Councilmember Lantry moved to lay over to February 5.
Laid over to February 5 Yeas - 5 Nays - 0 (Benanav not present for vote)
46. Public hearing to consider the application of Madan Estates to rezone property from B -2
(Community Business) to B -3 (General Business) to allow a fast food restaurant with a drive -thru lane at
1825 Suburban Avenue (between Ruth Street and White Bear Avenue).
Rich Malloy, Department of Planning and Economic Development (PED), appeared and stated 1825
Suburban Avenue currently holds a vacant Ground Round Restaurant which Madan Estates would like
to purchase upon approval of the rezoning for a Krispy Kreme Restaurant. The restaurant would have a
drive through lane which is why they need a zoning from B -2 to B -3.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approve
the application.
Motion of Intent - Application Granted Yeas 5 Nays - 0 (Benanav not present for vote)
Councilmember Blakey moved to adjourn the meeting.
Yeas - 5 Nays -0
ADJOURNED AT 6:20 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson January 22, 20003
Assistant Council Secretary
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