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00-949co�� F�e # e o _�t y q 4R1�1�A�. Presented By Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA Crreen Sheet # l0 CQ0 G p '� Committee: Date ItESQLVEA, that the application for an auto repair gazage license by Felipe Samaniego, dib/a High Tech Auto Service, for the premises at 943 Maryland Avenue East, is hereby granted, subject to the conditions set forth below. 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 FURTHER RESOLVED, that the findings of fact, conclusions of law and memorandum contained in the ALJ Report in this case, dated September 11, 2000, are expressly ratified and adopted as the written fmdings and conclusions of the Council in the matter, and the _ recommendation of the AL7 is hereby adopted, with the addition of three conditions agreed to by the applicant on September 27, 2000. FURTHER RESOLVED, that the following conditions shall be placed on the license: 1. Parking far customers and employees shall be in the areas designated in the site plan on file with LIEP. Parking in other areas of the lot is prohibited until a site plan is approved by the Office of LIEP for any expansion of the pazking surface. 2. 3. 4. 5. 6. Only customer and employee vehicles may be parked on the lot. Vehicle salvage is not permitted. Vehicles with major body parts removed, vehicle parts, tires, oil or similar items may not be stored outdoors. No repair of vehicles may occur on the exterior of the lot or in the pubiic right-of- way. Vehicles awairing repair and employee vehicles shall not be pazked or stored in the adjacent alley. Licensee shall pave the area where parldng and storing of customer and employee vehicles is permitted as identified on the site plan. Such paving must be a permanent dustless surface, and the pazking area must be striped to designate where parking of vehicles is permitted. Pauing and striping must be completed by October 31, 2000. No vehicle may be parked on the lot for mare than ten days. It shall be the responsibility of the licensee to insure that any vehicle not claimed by its owner is removed $om the lot as permitted by law. 1 9. Licensee shall remove the existing fence on the northem and eastern properiy 2 lines and replace it with a sold wood fence which is 8' in height, no later than 00 - 9�q 3 October 31, 2000. 4 5 This Resolurion is based on the record of the proceedings before the Administrative Law 6 Judge, including the hearing on September 7, 2000, the docuxnents and e�ibits introduced 7 therein, and the deliberations of the Council in open session on September 25, 2000, and 8 ApplicanYs consent to additional conditions. 9 10 A copy of this Resolurion, as adopted, shall be sent by first class mail to the 11 Admuiistrative Law Judge and to the Licensee Requested by Department of: Adoption Certified by Council Secretary ar: \.Jh.i.c.a-�n.�� i� lee�e�,..1 Form Approved by City Attorne+. � By: � Approved by Mayor for Submission to Council � �, \ .. - / r,�s� - � U�i �,i S l Adopted by Council: Date Q ,� 1e�M� r �-.�� 00 -1�i.� Palmer 266-8710 �CtObET 11, 20� - �.0115Crit snrt TOTAL � OF SIGNATURE PAGES GREEN SHEET mu�r�rowcarert No 106068 arv�a.c.. arcwnopar � atretou n�aew�mexeraow. ❑ rwreu�aomKero �� wnrro�s�+an�xn ❑ (CLIP ALC LOCATIONS FOR SIGNANRE� Finalizing City Council action granting the application for an auto repair garage license by Felipe Samaniego, dba High Tech Auto Service, 943 Maryland Avenue East, subject to conditions. (Public hearing held September 27, 2000) PLANNING CAMMISSION CIB CAMMRTEE CIVIL SERVICE COMMISSION AMOUNT OF TRANSACTION f (IXPLAINj Hes this a� e.er vro�d wider a�ntrad ro.mis aepartmenrr YES NO Has tlxs pe�aaUfirm wer heen e cky mmpWyee't YE8 MO Doec thk Pe�fm O�eass a sldll not normailYP�� bY �Y cutteM Ut�' emWoyee7 YES � le tltis pe�eoNfirm 8 tery�etl wndoR YES NO COST/ItEVElIUE BUDRETBD (GItCLE ON� ��Itl[:I�:'�:1 YES NO � dFFICE OF THE CITY ATTORNEY Clay[on M. Robinson, Jr„ Ciry ifttorney l� CITY OF SAINT PAUL Norm Coleman, Mayor c,HiD,ris,on 400 Ciry Nall I S Wvst Kellogg B1vd. Snint Pau( Minncsola 55102 00 —qyq September 13, 2000 Felephone: 651266-871 Q Facsirrtile: 657 298-5619 �+ii.�� i�$�33."C'i ��;;`�. NOTICE OF COUNCIL HEARING Felipe Sunaniego �� "a ��;�`� High Tech Auto Services 943 Maryland Avenue East Saint Paul, Minnesota 55106 RE: Application for an auto zepair license by Felipe Samaniego, d/6fa High Tech Auto Services, for the premises at 943 Maryland Avenue East Dear Mr. Samaniego: Please take notice that a hearing on the report of the Administrative Law 7udge concerning the above-mentioned license application has been scheduled for 5:30 p.m., Wednesday, September 27, 2000, in the City Council Chambers, Third Fioor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written azgument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, , � ��. � `�� Virginia D. Palmer Assistant City Attorney cc: Felipe Samaniego, 274 Annapolis St. E., West St. Paul, IvIN 55118 LaVon Regan, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, NIN SS401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Bruce Sylvester, Community Organizer, Payne Phalen District 5 Planning Council, 1014 Payne Ave., St. Paui, MN 55101 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 1�0 Washington Square, Suite 1700 f 00 Washington Avenue Souih Minneapolis, Minnesota 55401-2138 September 11, 200Q Fred Owusu City Cierk 170 City Hail 15 West Kellogg Boulevard St. Pauf, MN 55102 RE: In Re the License Application of Felipe Samaniego, d/b/a High Tech Auto Service; OAH Docket No. 12-2111-13124-3 Dear Mr. Owusu: p0 _9`lR Enciosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions of Law and Recommendation in the above-entitled matter. Also enclosed is fhe official record, with the exception of the tape recording of the hearing which will be sent to under separate cover.. Our file in this matter is now being closed. Sincerely, �� • / STEVE M. MIHALCHICK � Administrative Law Judge SMM:aws Enciosures cc: Virginia D. Paimer Felipe Samaniego ��i�� a �;,,� '-+ � Z CstiJ 11TY ,c�? Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 �TTY No. (612) 341-7346 � Fau No. (612) 349-2665 p � q`l� 12-2111-13124-3 STATE OF MINNESOTA OFFiCE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF ST. PAUL In Re the License Applicafion of Felipe Samaniego, d/b/a High Tech Auto Service FiNDINGS OF FACT, CONCLUSIONS, AND RECOMMENDATION This matFer was heard by Administrative Law Judge Steve M. Mihalchick on September 7, 2000, at 9:30 a.m. in Room 42 of St. Paul Cify Hall. The record was closed upon adjournment of the hearing that day. Virginia D. Palmer, Assistant City Attorney, 400 City fiail, 15 West Kellogg Bivd, St, Paui, MN 55102, appeared on behalf of the Sf. Paul Office of License, Inspections, and Environmental Protecfion (LIEP). Felipe Samaniego, 274 Annapolis St. E, Wesf St. Paul, MN, 55118, appeared on his own behaif. There were no other appearances at any time up to 10:00 a.m. STATEMENT OF ISSUES Whether Mr. Samaniego's license appfication to operate an auto repair garage at 943 Maryland Ave should be approved and what conditions shoufd be imposed. NOTICE This Report contains a recommendation, not a final decision. The Saint Paul City Councii wiii make the finai decision after reviewing the record and may adopt, reject or modify fhe Findings of Fact, Conciusions and Recommendation contained herein. Pursuant to Section 310.05 of the Saint Pauf Legisiative Code, the City Councii's fina! decision sha41 not be made until this Report has been made avaifable to the pa�ties to the proceeding and the Licensee has been provided an opportunity to present orai or written arguments afleging error on fhe part of fhe Administrafive Law Judge in the application of ihe law or the interpretation of the facts and an opportunity to present argument relating to any recommended adverse action. Any interested parties shou{d contact the Saint Paul City Councii, 310 City Half, Saint Paul, Minnesota 55102, to ascertain the procedure for presenting argument to the Council. Based upon the record herein, the Administrative Law Judge makes the foliowing: 0 � —`�`�`I FINDINGS OF FACT 1. On May 1, 2000, Mr. Samaniego su6mitted an application to operate an auto repair garage known as High Tech Aufo Senrice af 943 Maryland Ave E, St. Paui, MN. 2. ln a lefter of June 28, 2000, Bruce Sy4vester, District Five Pianning Councii reported that they had several concems and had voted to oppose the appiication. In the alternative, they requested that if the license were granted, that condifions be imposed to address fheir concerns. Those concerns were fhe condifion of the buiiding and lot, excessive vehicles on the lof and street for extended periods, repair work in fhe aliey and late into the night, and the existence of underground sforage tanks? 3. A Legisiative Hearing was he)d before Legislative Hearing O�cer Gerry Strathman on July 13, 2000 3 At that time, LIEP recommended approval of the license, subject to five conditions: a. Parking for customers and employees only in areas designated on the filed site plan. b. Only customer and employees vehicies may be parked on the lot. c. Vehicie salvage not permitted. d. Vehicles with major body parts removed, parts, tires, oit, and simifar items may not be stored outdoors. e. No repair on the exterior of the lot or in fhe pubfic right-of-way. During fhe course of the Legislative Hearing, a sixth condition was added: f. Vehicles awaiting repair and employees' vehicles shall not be parked or sfored in the adjacent ailey. Mr. Samaniego agreed to all these conditions during the Legislative Hearing and the Legislative Hearing Officer recommended approval of the license, subject to fhe six conditions. 4. Mr. Samaniego signed an agreement to the six conditions being placed upon his I+cense, and the conditions were incorporated into a 3uiy 13, 2000, fetter to him from LIEP � 'Fx.1. Z Ex. 2. 3 Ex. 3. ° Ex. 4. 5 Ex. 7. s E�c. 6. ' Ex. 5. oo-�y9 5. On July 26, 2Q00, the City Councii seferred this matter to the O�ce of Administrafive Hearings for an Administrative Law .lud�e Hearing for the purpose of a(lowing additional public comment on the application. The Notice of Hearing was issued August 10, 2000, sefting the hearing for Sepfember 7, 2000, at 9:30 a.m. in Room 49 of City Hali. A copy of the notice was sent to the District Five Planning Council. 6. At the hearing on September 7, 2000, LIEP continued to recommend issuance of the license subject to the six condifions. Mr. Samaniego continued to agree to those conditions. 7. No one appeared to oppose or comment on the appiication. Mr. Samaniego suggested fhat one reason for that might be that he has begun cleaning up the site and addressing some of the listed conditions and the other concerns expressed by the neighbors at the District Five meeting and the Legisiative Hearing. Based upon the foregoing Findings of Fact, fhe Administrative Law Judge makes the foilowing: CONCLUSlO1VS 1. The Administrative Law Judge and the Gity Council have jurisdiction in this matter pursuant to Minn. Stat. § 14.55. 2. All significant concerns regarding the operation ot an auto repair business by Mr, Samaniego at 943 Maryland have been adequate{y addressed by the conditions recommended by LIEP and the Legislative Hearing Officer. Sased upon the foregoing Conclusions, the Administrafive Law Judge makes the following: RECOMMENDATION IT IS RESPECTFULLY RECOMMENDED fhat the City Council order that the license be granted with the conditions recommended by LIEP and the Legislative Hearing O�cec � Dated September 11, 2000 � �_�-�--�-` ` - �--' STEVE M. MIHALCHICK Administrative Law Judge Reported: Taped 8 Ex. 8. 9 Ex. 9. ��_g�� STATE OF MINNESOTA) ) ss COl1NTY OF HENNEPIN) AFFIDAVlT OF SERVICE BY U S MA1L Debra S. Aws, being first duly sworn, hereby deposes and says that on the 11 day of September, 20Q0, at the City of Minneapolis, county and state aforementioned, she served the attached Findings of Fact, Conclusions and Recommendation; Docket No. 12-2111-13124-3 by depositing in the United States maii at said City of Minneapolis, a true and correct copy thereof, properiy enveloped, with first c{ass postage prepaid and addressed to the individuals named herein. Fred Owusu Cify Clerk 170 City HaII 15 West Keilogg Boulevard St. Paui, MN 55102 Virginia D. Palmer Assistant City Attorney 400 City Hall 15 West Kellogg Blvd St. Paul, MN 55102 Felipe Samaniego 274 Annapolis Street E. West St. Paui, MN 55118 ��M'�,� . � Debra S. Aws Subscribed and sworn to before me this 11th day of September 2000, � J � -- � Ct � � C' °""`+ LaVON REGAN . xoru+rweuc-nn�surn vi� , •� MY CAMMISSION EXPIRES •:..s• .IANUARY 31. 2005 s STATE OF MINNESOfiA OFFICE OF ADMINISTRATIVE HEAI2INGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 554�1-2t38 September 11, 2000 Fred.Owusu City Clerk 170 City Hai4 15 West Keflogg Boulevard St. Paul, MN 55102 RE: ln Re the License Application of Felipe Samaniego, d!b/a High Tech Auto Seroice; OAN Docket No. 12-2111-13124-3 Dear Mr. Owusu: Enciosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions of Law and Recommendation in the above-entitled matter. Aiso enclosed is the officiai record, with the exception of the tape recording of the hearing which will be sent to under separate cover. Our file in this matter is now being closed. Sincerely, �� '�� STEVE M. MiHALCHICK Administrative Law Judge SMM:aws Enclosures cc: Virginia D. Palmer Felipe Samaniego t�ECEIVED SE� � 2 2�00 CiTY CLERK Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer s• ' � Administrative Law Section &Administrative Services (612) 341J600 �17Y No. (612) 341-7346� Fax No. (612) 349-2665 C� D —`1 ti`� STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) A�FIDAVIT OF SERVICE BY U.S. MAfL Debra S. Aws, being first duly sworn, hereby deposes and says thaY on the 11 day of September, 2000, at the City of Minneapolis, county and state aforementioned, she served the attached Findings of Fact, Conciusions and Recommendation; Docket No. 12-2111-13124-3 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first ciass postage prepaid and addressed to the +ndividuals named herein. Fred Owusu City Clerk 170 City Ha41 15 West Kellogg Boulevard St. Paul, MN 55102 Felipe Samaniego 274 Annapoiis Street E. West St. Pau1, MN 55118 Virginia D. Pafiner Assistant City Attorney 400 City Hafl 15 West Kellogg Bivd St. Paul, MN 55102 �� . � Debra S. Aws Subscribed and sworn to before me this 11th day of September 20�0. � � LaVON REGAN lqTA0.Y PI1B4G - MINNE50� MY CAMMISStON IXPIRES ,�pNUARY 31, 2005 Oa -q`t°l 12-2111-13124-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL O� THE CITY OF ST. PAUL in Re the License Applicafion of Felipe Samaniego, d/bia Nigh Tech Auto Service FINDINGS OF FACT, CONCLUSIONS, AND RECOMMENDATION This matter was heard by Administrative Law Judge Steve M. Mihalchick on September 7, 2000, at 9:30 a.m. in Room 42 of St. Paul City Hali. The record was closed upon adjournment of the hearing that day. Virginia D. Palmer, Assistant City Attorney, 400 City Hali, 15 West Kellogg Blvd, St. Paui, MN 55102, appeared on behalf of the St. Paui Office of License, Inspections, and Environmentai Protection (LIEP). Felipe Samaniego, 274 Annapolis St. E, West St. Paul, MN, 55118, appeared on his own behalf. There were no other appeasances at any time up to 10:00 a.m. STATEMENT OF ISSUES Whether Mr. Samaniego's license application to operate an auto repair garage at 943 Maryland Ave should be approved and what conditions should be imposed. NOTICE This Report contains a recommendation, not a fiinal decision. The Saint Paul City Council will make the final decision after reviewing the record and may adopt, reject or modity the Findings of Fact, Conclusions and Recommendation contained herein. Pursuant to Section 31�.05 of the Saint Pau! Legisiative Gode, the C+ty Council's final decision shafi not be made untii this Report has been made available to the parties to the proceeding and the Licensee has been provided an opportunity to present oraf or written arguments a{feging error on the part of the Administrative Law Judge in the appiication of the law or the interpretation of the facts and an opportunity to present argument relating to any recommended adverse action. Any interested parties should contact the Saint Paul City Councii, 310 City Hall, Saint Paui, Minnesota 55102, to ascertain the procedure for presenting argument to the Council. Based upon Yhe record herein, the Administrative Law Judge makes the following: o� -qtiq FIND{NGS OF FACT 1. On May 1, 2000, Mr. Samaniego submitted an appiication to operate an auto repair garage known as High Tech Auto Service at 943 Maryland Ave E, Sf. Paui, MN.' 2. In a letter of June 28, 2000, Bruce Syfvester, District Five Planning Cou�cil reported that they had severai concerns and had voted to oppose the appiication. In the alternative, they requested that if the license were granted, that conditions be imposed to address their concerns. Those concerns were the condition of the building and lot, excessive vehicles on the lot and street for e�ttended periods, repair work in the alley and late into the night, and the existence of underground storage tanks. 3. A Legislative Hearing was held before Legislative Hearing Officer Gerry Strathman on July 13, 2000. At that time, LIEP recommended approva{ of the license, subject to five conditions: a. Park+ng for customers and employees only in areas designated on the filed site pian. b. Only customer and employees vehicles may be parked on the fot. c. Vehicie saivage nat permitted. d. Vehicles with major body parts removed, parts, tires, oil, and similar items may not be stored outdoors. e. No repair on the exterior ofi the lot or in the public right-ofi-way. During the course of the legislative Hearing, a sixth condition was added: f. Vehicles awaiting repair and employees' vehicles shall not be parked or stored in the adjacent ailey. Mr. Samaniego agreed to ali these conditions during the Legislative Hearing and the Legislative Hearing Officer recommended approval of the license, subject to the six conditions. 4. Mr. Samaniego signed an agreement to the six conditions being placed upon his license, and the conditions were incorporated into a July 13, 2000, letter to him from LIEP.� ' Ex. 1. 2 Ex. 2. 3 Ex. 3. ° Ex. 4. 5 Ex. 7. 6 Ex. 6. ' F�. 5. 0 0 —`�`�`i 5. On July 26, 2000, the City Council referred this matter to the Office of Administrafive Hearings for an Administrative Law Jud�qe Hearing for the purpose of aliowing additional public comment on the appiication. The Notice of Hearing was issued August 10, 2000, setting the hearing for Sepfember 7, 20d0, af 930 a.m., in Room 42 of Gity Hall. A copy of the notice was sent to the District Five Planning Councii. 6. At the hearing on September 7, 2�Q�, LlEP continued to recommend issuance of the license subject to the six conditions. Mr. Samaniego continued to agree to those conditions. 7. No one appeared to oppose or comment on the application. Mr. Samaniego suggested that one reason for that might be that he has begun cleaning up the site and addressing some of the listed conditions and the other concerns expressed by the neighbors at the District Five meeting and the Legislative Hearing. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative �aw Judge and the Cifij Gounci! have jurisdiction in this matter pursuant to Minn. Stat. § 14.55. 2. AII significant concerns regarding the operation of an auto repair business by Mr. Samaniego at 943 Maryland have been adequately addressed by the conditions recommended by L{EP and the Legisfative Hearing Officer. Based upon the foregoing Concfusions, the Administrative Law Judge makes the fofiowing: RECOMMENDATION IT IS RESPECTFULLY RECOMMENDED that the City Council order that the license be granted with the conditions recommended by L1EP and the Legislative Hearing Officer. . Dated September 11, 2000 Reported: Taped <--�, �.yf-z�._- �-�--� STEVE M. MIHALCHICK Administrative Law Judge e Ex. 8. 9 EX. 9. �} � —`t`�`l OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CIT`Y OF SAINT PAL3L In Re The License Application of Felipe Samaniego, d/6fa High Tech Auto Service CITY'S PROPOSED EXHIBITS September 7, 2000 T0: Judge StevenM. Mihalchick, Administrative Law Judge, Office ofAdministrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list of the City's proposed exhibits for the Administrative Hearing on September 7, 2000. Exhibit No. Exh. No. 1 E�r. No. 2 Exh. No. 3 E�. No. 4 E�. No. � Exh. No. 6 E�. No. 7 Exh. No. 8 Exh. iVo. 9 Description License applicarion, received May l, �OQO (5 pp.); June 28, 2000 letter from $ruce Sylvester to Gerry Strathman (1 p.); Notice of Legislative Hearing, mailed July 6, Z000 (1 p.); License Application Smnniary (1 p.); July 13, 2000 letter from Larry Zangs to Felipe Samaniego, dated July 13, 2000 (2 pP•); License conditions, dated 7uly 13, 2000 (1 p.); Minutes Of The Legislative Hearing, Thursday, 7uty 13, 2000 (4 pp.); Action Minutes Of The Saint Paul City Council, Wednesday, July 26, 2000 � PP•)> Notice of Hearing, dated August 10, 2000, with Affidavit of Service � PP•)• oo-��q also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legislative Code § 310.06 Respectfully submitted this 7th day of September, 2000. �� Virgi � D. Palmer Assistant City Attomey Office of The City Attorney 400 City Hall 15 West Kellogg Boulevazd Saint Paul, Minnesota 55102 (612)266-8710 CITY OF SAINT PAUL Norn+ Colemnn, Mn}�o� I�ll�llSt 1�� 2.�� OFFICE' THE CITY ATTOR�TEY C�aytors M. __inson, Ja, City Attorn¢y a �_ q�� crUrr Drvtcro„ 400 Ciry Haif Telephone: 651 266-8710 fS W¢s Kellogg Bivd. Facsimite: b51198d619 Saint Pauf, Minnuoaa 55102 1�'OTICE OF HEA.RING Felipe Samaniego High Tech Auto Services 943 Maryland Avenue East Saint Paul, Minnesota 55106 RE: Application for an auto repair license by Felipe Samaniego, d/b/a High Tech Auto Services, for the premises at 943 Maryland A.venue East Dear Mr. Samaniego: Please take notice that a hearing will be held concerning your application for an auto repair garage license for the premises at 943 Maryland Avenue East in Saint Paul. The hearing will be held at the following date, rime and place: - Date: Time: Place: September 7, 2000 9:3U a.m. Room 42, City Hall/Courthouse 15 W. Kellogg Boulevard Saint Paul, MN 55102 The hearing examiner will be an Administratave Law 7udge from the State of Minnesota Office of Administrative Hearings: Name: Telephone: SYeven M. iViihalchick Office of Administrative Aearings l00 Washington Square, Suite 1700 Minneapolis, MN 55401-2138 (612) 349-2544 The Council of the City of Saint Paul has referred the question of whether to deny your license application for a hearing in accordance with the procedures of Saint Paul Legislative Code §§310.05 and 310.06. Under those provisions, you are entitled to notice and an opportunity to be heard. � icense pp�ca on o e ipe amani- d/b/a High Tech Auto Service — Ci£y's Exh. No. 9 —" Page 2 Felipe Samaniego August 10, 2000 b a- `( `E`� The recommendation which the Director of the Office of License, Inspections and Environmental Protection will present to the Administrative Law Judge is that the license should be approved with conditions. The conditions being recommended are those conditions which you have reviewed and a�reed to by signature dated July 13, 2000. However, the Administrative Law 3ud�e is perm7tted to hear "other interested persons" and to give them an opportunity to present testimony and otherwise participate in such a hearing. It is anticipated that one or more such "interested persons" will participate in the hearing, and may wish to intervene. The Administrative Law Judge may require such person or persons to provide written notice of the grounds upon which denial of your license application is urged, and the factual basis for such grounds. Motions may be made to determine the issue of intervention and notice of the grounds in advance of the hearing. You have the right to be represented by an attomey before and during the hearing if you so choose, or you can represent yourself. You may also have another person of your choice to represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted by an Administrative Law Judge, who will outline the procedures for the hearing and consider any motions which the parties or interested persons may present. Testimony is presented under oath, and the witnesses are subject to cross-examination. The hearings aze tape-recorded by the Administrative Law Judge. Concluding argusnents may be made orally or in writing, as agreed to by the parties and the 7udge. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. The City Council is the ultimate decision-maker. You should bring with you to the hearing any documents, records, witnesses or other evidence that you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules. Please feel free to contact me if you have any questions about this letter. Sincerely, � � �-� Virginia . Assistant City Attomey cc: LaVon Regan, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Bruce Syivester, Community Organizer, Payne Phalen District 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101 e o -`t �i `t STATE OF MINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on August 10, 2000, she served the attached NOTICE OF HSARING upon the following named person placing a true and correct copy thereo£ in an envelope addressed as follows: Felipe Samaniego High Tech Auto Services 943 Maryland Avenue E. St. Pau1, MN. 55106 (which is the last known address of same, with postage prepaid, in the Minnesota. Subscribed and sworn to before me this lOth dar�'�f A�st,�000. Notary PETER P. PANGBORN /D�TARY PUBtJC - MINNE.597A MY COMM�SSION EXPIRES JAN. 31, 2[3G3 said person) and depositing the CITY OF SAINT PAUL Norm Colemnn, .L/nyo� OFFICE OF THE CITY ATTORNEY - Claylon M. Robinson, Jc, CiryAttorney QQ �� RcCE1V=D y � civit oivision �J nt1G �� 1("i Z� i 6 4�OCiryHn[! Telephorte:651266-8710 !S GYer1 Ke[Logg Blvd. Facsimile: 651 298-5619 _ ; , � -_ ,: _ Saint P¢u[, Mirsrtuota 55102 , _ �„ ',�.Ii,Cn: _ i`,� k �:3�t7.�.+ E�ll�llSt 1�, 2�� NOTICE OF HEARING Felipe Samaniego High Tech Auto Services 943 Maryland Avenue East Saint Paul, Minnesota SSlOb ItE: Application for an auto repair license by Felipe Samaniego, d/b/a High Tech Auto Services, for the premises at 943 Maryland Avenue East Dear Mr. Samaniego: Please take notice that a hearing will be held conceming your application for an auto repair garage license for the premises at 943 Maryland Avenue East in Saint Paul. The hearing will be held at the following date, time and place: Date: Time: Place: September 7, 2000 9:30 a.in. Boom 42, City HalUCourthouse 15 W. Keilogg Boulevard Saint Paul, MN SS1Q2 The hearing examinez wi11 be an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Telephone: Steven M. Mihalchick Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN 55401-2135 (612)349-2544 The Council of the City of Saint Paul has refened the question of whether to deny your license application for a hearing in accordance with the procedures of Saint Paul Legislative Code §§310.05 and 310A6. Under those provisions, you are entitled to notice and an opportunity to be heard. Page 2 Felipe Samaniego August 10, 2000 Oo —q`�`l The recommendation which the Director of the Office of License, Inspections and Environmental Protection will present to the Administrative Law Judge is that the license should be approved with conditions. The conditions being recommended are those conditions which you have reviewed and agreed to by signature dated 7uly 13, 2000. However, the AdministraYive Law Judge is pernutted to hear'bther interested persons" and to give them an opporiunity to present testimony and otherwise participate in such a hearing. It is anticipated that one or more such "interested persons" will participate in the hearing, and may wish to intervene. The Administrative Law Judge may require such person or persons to provide written notice of the grounds upon which denial of your license application is ur�ed, and the factual basis for such grounds. Motions may be made to determine the issue of intervention and notice of the grounds in advance of the hearing. You have the right to be represented by an attomey before and during the hearing if you so choose, or you can represent yourself. You may also have another person of your choice to represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted by an Administrative Law 7udge, who will outline the procedures for the hearing and consider any motions which the parties or interested persons may present. Testimony is presented under oath, and the witnesses are subject to cross-examination. The hearings aze tape-recorded by the Adminlstrative Law 3udge. Concluding arguments may be made orally or in writing, as a�eed to by the parties and the Judge. Foilowing the hearing, the Jud�e wi11 pregare Findin�s of Fact, Conclusions of Law, and a specific recommendataon for action to be taken by the City Council. The City Council is the ultimate decision-maker. You should bring with you to the hearing any documents, records, wimesses or other evidence that you wiii or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Ru1es. Please feel free to contact me if you have any questions about this letter. Sincerely, � � �� Virginia D. Assistant Ciry Attorney cc: LaVon Regan, Office ofAdministrative Hearings, 1Q0 Washington Square, Suite 1700, Mpls, M1V 55401 Nancy Anderson, Assistant Council Secretary, 310 City Ha11 Robert Kessler, Director, LIEP Christine Rozek, LIEP Bruce Syivester, Community Organizer, Payne Phalen District 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101 0 0 -9�1� � C ITY �F �� @� w ��' o . � � r,�� n ti d 11F� � li II a h .C�� 1 95'� � ACTfON MINUTES OF THE SAINT PAIfL CITY COUNGIL Wednesday, July 26, 2000 - 3:30 - 5:00 p.m. PUBLlG HEARiNGS - 5;30 - 6:30 p.m. C1TY COUNCIL CHAMBERS, 3RD FLOOR City Hail and Court House 15 West Keflogg Boulevard Nancy Anderson, Assistant Secretary to the Councii Mary Erickson, Clerical Support - 651-266-8565 O�ce of the City Council Present - 5- Blakey, Bostrom, Harris, Lantry, Reiter Absent - 2- Senanav (Excused), Caleman (arrived after roll call) � CONSENT AGENDA (Items 1 - 23) NOTE: ALL ITEMS LISTED UNDER CONSENT RGENDA WILL BE ENACTED BY ONE MOTIOK THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM lYlLL BE RE�L/OVED FROM THE CONSENT AGENDA AND CONSLDERED SEPAR4TELY. FOR ACTIQN Approval of Minutes of June 28, 2000. Adopted Xeas - 6 Nays - 0 Claims of Carol Anderson and Dane/Leigh Jorento. Referred to the EmployeeiRisk Management Office Petition in condemnation and motion for transfer of title and possession and notice of hearing (411 Sherburne Avenue) in the matter of the Housing and Redevelopment Authority of the City of Saint Paul vs. the City of Saint Pau1, et al. � icense pp��ca �o�TF�ipe am mego � dJb/a High Tech Auto Service — City's Exh. No. 8 — 00 -q�� July 26, 2000, City Council Action Minutes Page 2 4_ Letter from the City Attorney's Office announcing a public hearing before an Administrative Law Judge on August 17, 2000, at 930 a.m., Room 42, Saint Paul City Hall-Court House concerning the application for a taYicab driver's license for Willie B. 7ones, 7r. 5. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on Auwst 9, 2000, to consider the appeal of Douglas Berends to a decision of the Plannin� Commission denying a request for a special condition use permit to allow for a used car sales lot on the propem� at 1170 Arcade Street (southeast corner of Rose Avenue and Arcade Street). 6. Letter from the Department of Pianning and Economic Development announcing a public hearing before the CiTy Councii on August 9, 2000, to consider the appeal of Motorscope/Dean C. Johnson of a Pianning Commission decision attaching conditions to a Special Condition Use Permit allowing reconstruction of an auto specialty store at 360 South Snelling Avenue. 7. Letter from the Departznent of Planning and Bconomic Development announcing a public hearing before the City Council on August 9, 2000, to consider the application of the Episcopal Church Home to rezone property from P-1 and B-3 to RM-2 to allow for the expansion of a retirement community at the southwest corner of University and Fairview Avenues. 8. Administrative Order: D001896 Amending the Community Development Block Grant budget, Department of Planning and Economic Development, in the amount of $49,850 for the Dunning Recreation Center Project. D001897 Amending the 1994 CommuniTy Development Block Grant budget, Division of Parks and Recreation, in the amount of $4,072.83 for final payment to NInDOT on the BN. (Bruce Vento) Regional Trail construetion. Noted as on file in the City CIerk's Office 9. Resolution - 00-670 - Suspending all licenses held by Dinner Club 2000, Inc., 1177 Clarence Street, far failure to pay delinquent license fees. Withdrawn Yeas - 6 Nays - 0 O p —q�� July 26, 2000, City Council Action Minutes 14. Resolution - 00-671 - Suspending aii licenses held by Sub�vay #3475, 1277 University Avenue, for failure to pay delinquent license fees. Adopted Yeas - 6 Nays - 0 Page 3 ll. Resolution - 00-672 - Holdin� Macalester College harmless for the City's use of Macalester's athletic track at 1600 Grand Avenue. Adopted Yeas - 6 Nays - 0 12. Resolution - 00-673 - Authorizing tl�e Saint Paul Police Department to enter into an agreemenf with the League of Minnesota Cities and the Upper 1Vlidwest Cammunity Policing Institu2e to establish a regional community policing institute. Substitute introduced and adopted Yeas - 6 Nays - 0 13. Resolution - 00-674 - Approving the proposed changes to the ByLa�vs of the Middle Mississippi River Watershed Management Organization. Adopted Yeas - 6, Nays - 0 14. Resolution - 00-675 - Approving application, with conditions, for an Auto Repair Garage License by Felipe Samaniego, dba High Tech Auto Service, 943 Maryland Avenue East. (Legislative Hearing Officer recommends approval rvith conditions) Referred to an Administrative Law Judge Hearing Yeas - 6 Nays - 0 15. Resolution - 00-676 - Memorializing City Council action taken May 24, 2Q00, granting the appeal of Leslie Lucht to a decision of the Board of Zoning Appeals concerning several variances in order to construct a third dweiling unit on the property at 681-683 Van Buren Avenue. Adopted Yeas - 6 Nays - 0 16. Resolution - 00-677 - Approving the purchase ab eement for the properiy located at 1691 Hoyt Avenue for ihe Hoyt-Montana Flood Remediation Project. Adopted Yeas - 6 Nays - 0 17. Resolution - 00-678 - Accepting and thauking individuals and businesses for their donation of gifts to the City of Saint Paul for honoring the Captain and crew of the submazine USS MINNEAPOLIS/ST.PAUL during its centennial celebration. Adopted Yeas - 6 Nays - 0 d D--- `�`tq 7uly 2b, 2000, City Councii Action Minutes Page 4 1$. Prelizninary Order - 00-679 - In the matter of the Seventh Place Ma11 operation and maintenance costs for 2000, and setting date of public hearing for September 6, 2000. (File #18428-00) - Adopted Yeas - 6 Nays - 0 19. Resolution Approving Assessment - 00-680 - In the matter of the Seventh Place Mail operation and maintenance costs for 1999, and setting date of public hearing for September 6, 2000. (File #18428-1999) Adopted Yeas - 6 Nays - 0 20. Resolution Approving Assessment - 00-681 - In the matter of the Wabasha West Streetscape Project, Phase I, areaways and amenities, Part "A" on Fourth and Wabasha Streets and setting date of pubiic hearin� for August 23, 2QOQ. (Fi1e #18894A) Adopted Yeas - 6 Nays - 0 21. Resolution Approving Assessment - 00-682 - In the matter of approving the assessment for the construction of a storm sewer connection on Victoria Street as part of the Chatsworth/Hoyt Area RSVP Project and settin� date of public hearing for August 23, 2000. (File # 18885-COlV� Adopted Yeas - 6 Nays - 0 22. Resolution Approving Assessment - 00-683 - In the matter of grading and paving alleys in the Pascal-Jefferson Project in 1999, and setting date ofpublic hearing for August 23, 2000. (File #18892a,b,c,d) Adopted Yeas - 6 Nays - 0 23. Resolution Approving Assessment - 00-684 - Tn the matter of summary abatements (property clean-up) from late May - June, 2000 (J0004A); towin� abandoned vehicles from private property during March and April, 2000 (J0003 V and 70004V); demolitian of vacant buildings during the months of June and July, 2Q00 (T0004C), and setting date of Legislative Hearing for September 19, 2000 and Ciry Council Public Hearing for September 27, 2000. Adopted Yeas - 6 Nays - 0 d � —�`l`� 7uly 26, 2000, City Council Action Minutes FOR DISCUSSION Page 5 24. Report from the Office of License, Inspections and Environmental Protection on-- their work plan in response to the Council Research "Performance Audit of the City of Saint Paul's Building Permit, Plan Review and Inspection Functions." (Council requested work plan on June 28} Laid over to August 2 Yeas - 6 Nays - 0 ORDINANCES 25. First Reading - 00-685 - An ordinancc auicn�lin� Council File 97-1 �68, an interim ordinance preserving the status quo with respect to advertising si�ns, to permit advertising signs at the new hockey arena. Laid over to August 2 for second reading 26. First Reading - 00-686 - An ordinance amending Saint Paul Legislative Code Chapter 66, Section 66.103.A, pertaining to the definition of advertising signs and adding netiv language to Section 66.214 to permit and regulate advertisin� signs at sports facilities. Laid over to August 2 for second reading (Councilmember Biakey requested the CiTy Attorney provide the Council with a written report as to when the billboard moratorium will of�cially end.) (Coleman was excused from the meeting at this time) PUBLTC HEARINGS (public hearings will begin at 5:30 p.m.) 27. Third Reading - 00-657 - An ordinance authorizing the Port Authority to issue bonds in the principal amount not to exceed $4,500,000, for the Great Northern Business Center - Phase I, which will produce at least $4,000,000 for project costs and authorizing the Port Authority to pledge the City's general ooligation to the full amount of these bonds. Substitute introduced and laid over to August 2 for final adoption e c� —`( `l� Ju1y 26, 2000 City Council Action Minutes Pa�e 6 28. Report of the Administrative Law Judge (ALJ) conceming the application for Pool and Billiard Hall and related licenses by Thu Dinh Trinh, dba Song Thanh Billiard, 945 University Avenue West. (Council refened to an ALJ on Apzi126, 2000) Adopted the Administrative Law Judge's �'indings of Fact, Conclusions, and Recommendation (Application approved with conditions) Yeas - 5 Nays - 0 29. Resolution - 00-620 - Amendin� Council File 00-129 to chanQe the time line for removal or repair of the property located at 681 Edmund Avenue from 130 days to within fifteen (1�) days from adoption of resolution. (Public Hearina continued fram 3une 28) � Withdrawn Yeas - 5 Nays - 0 30. Resolution - 00-633 - Removin; No Parking 3AM - 6PM, Friday - Monday, Except by Permit, Area 11 from both sides of St. Albans Street from Thomas Avenue to Lafond Avenue to Blair Avenue (2 blocks). (Public Hearing continued from June 28) Adopted Yeas - 5 Nays - 0 31. Resolution - 00-687 - Revising No Parking 8AM-&PM, Monday-Friday, Except by Permit, Area 24, to No Parking Except by Permit, Area 24, on the north side of Summit Avenue from Cretin Avenue to Mississippi River Boulevard. Adopted Yeas - 5 Nays - 0 32. Resolution - 00-688 - To consider the application for a sound level variance by Schwietz Saloon, 956 Payne Avenue, to ailow live music during the Payne- Arcade Harvest Pestival 2Q00 from 830 p.m. to 12:30 a.m. on September 14, 15 and 16, 2000. Adopted as amended Yeas - 5 Nays - 0 33. Final Order - 40-438 - In the matter of installation of a sanitary sewer and service connections in Ogden Avenue from Point Douglas Road to Winthrop Street, Winthrop Street from Ogden Avenue to Snowshoe Lane, and Snowshoe Lane from Winthrop Street to 160 feet of the west line of McKnight Road. (File #18928) (Public hearing continued from July 5) Adopted Yeas - 4 Nays - 0(Reiter not present) ao -qy°� July 26, 2000, Ciry Council Action Minutes Page 7 34. Final Order - 04-689 - In the matter of improving Fourth Street East from Wabasha to Minnesota and Cedar Street from Kellogg Boulevard to Fifth Sueet .- with concrete curbs, stamped concrete sidewalk, planting new trees, new drainage system, re-install existing globe lighting system, concrete driveway aprons and concrete/brick streets. (File #1&906A) Adopted Yeas - 4 Nays - 0(Reiter not present) SnsAension Items: Resolution - 00-690 - Declaring that all cre�v members aboard the USS Minneapolis-Saint Paul are honorary citizens of Minnesota's Cap]tal and invitins them to visit Saint Paul and experience its culture, scenery and the friendly people of our fair city. Adopted Yeas - 6, Nays - 0 Resolution - 00-691 - Granting a sound level variance to Bia Daddy's Old Kentucky BBQ on Au�ust 4, 2000 from 4:00 p.m. to 12:00 midnight. Adopted Yeas - b Nays - 0 CITY OF SAINT PALZ Norm Coleman, M¢yor Date: License ID: OFFICE OF LICENSE, INSPECTIONS AIJD O �'—� � t ENVIRONMENTAL PRO'I'ECfION RobrJZ Kess[er, Director LOWRY PROFESSIONAL BUILDlNG Telephane 651-26b9090 350 St Puer Streer, Suite 300 Facrimile: 65I-266-9099 SaintPaul.Minnrsom SSIOblSIO b51-266-9I24 LICENSE APPLICATION SUMMAI2X Thursday, July 13, 2000 @ 11:00 AM 20000002049 Liceuse Applicant: Felipe Samaniego DBA High Tech Auto Service 943 Maryland Avenue East License Type: Auto Repair Gazage License Conditions: 1. Pazking for customers and employees shall be in the azeas designated in the site plan on file with LIEP. Parking in other areas of the lot is prohibited unril a site plan is approved by the Office of LIEP for any expansion of the pazl�ng surface. 2. Only customer and employee vehicles may be pazked on the lot. 3. Vehicie salvage is not permitted. 4. Vehicies, with major body parts removed, vehicle parts, tires, oil, or similar items may not be stored outdoors. 5. No repair of vehicles may occur on the exterior of the iot or in the public right-of-way. Reqnirements: Zoning - Approved Fire - Approved License - Approved Pending Adverse Actions: None Cunent Licensee; LIEP Recommendation: Nane Recommend approval L1EP StaffReoresentarive � icense p i�p_o e ipe aman�ego � d/b/a Hi h Tech Auto S�rvice — Ci�y's Exh. No. 4 — CITY OF Sr�INT PAUL Norne Colemm; Mayor July 13, 2000 Felipe Samaniego 943 Maryland Ave EasY Saint Paui MN 55106 OFFICE OF LICENSE, INSPECTfONS AND bNVIIZONMENTAL PRO'IECTION a � —' � Y Robert Kess(er, Director IAI7RYPAOFESSIONALBUILBING Tetephone:651-266-9090 Suite 300 Facsimile: 65T-266-9099 350 St Peter Sbeet 557-266-9124 Sint Pau{ !Y£nmesollr SSIO2-ISIO RE: 943 Mary{and Ave East - Lic. #20000002049 for and auto repair business Mr. Samaniego: This office has recommended approvai of your license request subject to several conditions which are listed below. You signed a condition affidavit today agreeing to operate your business in compiiance with these restrictions. 1. Parking for customers and empfoyees shafl be in the areas designated in the site plan on fiie with LIEP. Parking i� other areas of the lot is prohihited untit a site p(an is approved by the Offics o6 LIEP for any expansion of the parking surface. 2. Oniy customer and employee vehicies may be parked on the Iot. 3. Vehicte salvage is not permitted. 4. VehicYes, with major body parts removed, vehicle parts, tires, oil, or similar items may not 6e sYored ouidoors. 5. No repair of vehicles may occur on the exterior of the lot or in the public right-of-way. 6. Vehicles awaiting repair and empfoyees vehicies shall not be parked or stored in the adjacent ailey. � Faiiure to compiy with these conditions could be ground for adverse action against your license. You are afso advisad that faifure to abide by any city ordinance is grounds for this office to take enforcement action against your (icense. In particular we talk today about vehicles which are on the 1ot for long periods of time ( in excess of 14 days). You are located in a B-3 zoning district. Exterior storage is not permitted (see leg, code 60.543 on reverse side). Further, vehicfes that are not used for more than 5 days are considered "storage" pursuant St. Pau! leg. code 219 ( see reverse side). The zoning administra#or wiii af{ow vehicles to remain on site for up to 14 days to ailow you time to contact the owner of the vehicle and have them remove it or fcr you to arrange a towing company to remove the vehicle to an impound lot. As the business operato� at this address, You are responsiBle for managing the number of vehicies on the iot. If you have any questions, call me at 651/266-9083. Lawrence R. Zangs • �cense pp�ica , o o�e ipe amamego ■ Zoning Administration d/b/a Hi h Tech Auto Service Ciiy's Exh. No. 5 — Sec. 60.219. S. 6`a —9`iGl Storage. The placement of items such as, but not limited to, the foflowing: merchandise for sale or rent; maferials awaiting ssrvicing, processing or manufacturing; finished producfs of a servicing, processing or manufacturing operation; equipment; portable storage containers but excluding trash containers or garbage dumpstefs which are accessory to the main use; and automobiles, trucks, automobiie trailers, semifiraiiers, intermodal cargo containers, or other vehicies not used for more than five (51 davs. Sec. 60.543. Required conditions. The foliowing conditions shall be required of all uses in the B-3 General Business District: All business storaqe serv+cinq or orocessing shali be conducted within comoletefv enclosed buildinqs. Provided, however, that the foilowing uses may be conducted outdoors if specifically allowed as a permitted use or speciaf condition usa: Off-street parking, off- street loading or oufdoor businesses and outdoor businesses with outdoor storage. (Ord. No. 17524, §§ 16, 1-6-88; C.F. No. 92-1479, §§ 6, 12-15-92) OFFlCE OF UCENSE, INSPECTIONS AND �� _ ENVIRONMENfAL PROTECTION ROb�t i(cssla. Gra7w CITY OF SAIN� PAUL Nortn Coleman, Mayor LOV✓RY PROFESSlONAL Bt/iLD1NG 7eiedwnc (s5�1 zss.+oso S�de 340 Facsirn.�e: (65t) 2669PJ9 350 SL P9ferSlrt?et (650J 26G9f24 SavRPaud Minnemb 55f02-1510 { agree to the following canditions being placed on the following license(s): License #: Type of 6usiness: Appiied for by: 20000002049 Auto ReQair Garage FELIPE SAMANIEGO Doing Business As: HlGH TECH AUTO SERVICE at: 943 MARYLAND AVE E ST PAUL MN 55106 Conditions are as follows: 1. Parking 4or customers and employees shalf be in the areas designated in the site plan on file with L1EP. Parking in other areas of the lot is prohibited until a site pian is approved by the Offce of LIEP for any expansion of the parking surface. 2. Only customer and employee vehicles may be parked on the lot. 3. Vehicle salvage is not permitted. 4. Vehicfes, with major body parts removed, vehic(e parts, t+res, ai, or similar items may not be stored outdoors. 5. No repair of vehicfes may occur on the exterior of the 1ot or in the public right-of-way. / v��. � Q:.�c:c.�tv"c`� :"��Gitzi�'ti r�ict � ��CZ.'cIG.S ,$�iC ( �'( �-�:5 ` ` J �f >L c'i b� � C�.�x- ! c� t�l s'(Cr E % n � c t4� r.'_ c�c <. i c_ t( K�. y Licensee Date � d >-� ��yq , � ��,� �: / � �� C, � � / "�> " C_J C% � icense pp ica �f on o e ipe amameg � dlbla 73igh Tech Auto Service — Cify's Exh. No. 6 -' oa-�� 00-6�15 MINUTES OF T�-IE LEGISLATIVE HEARING HIGH TECH AUTO SERVICE - 943 AVENCTE EAST Thursday, J y 13, 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was caIled to order at 11:01 am. STAFF PRESENT: Corinne Asuncion, License Inspections, Environmental Protection (LIEP); Larry Zangs, LIEP; David Weisberg, LIEP Gerry Strathman stated this meeting is being held to heaz objections to the license application for Felipe Samaniego, doing business as High Tech Auto Service, 943 Maryland Avenue East. Lazry Zangs reported LIEP is recommending approval of the license subject to the foliowing conditions: 1} Pazking for customers and empioyees shall be in the areas designated in the site plan on file with the Office of LIEP. Parking in other azeas of the 1ot is prohibited until a site plan is approved by the O�ce of LIEP for any expansion of the parking surface. 2) Only customers and employee vehicles may park on the lot. 3) Vehicle salvage is not permitted. 4) Vehicles with major body parts removed, vehicle parts, tues, oil, or similaz items may not be stored outdoors. 5) No repair of vehicles may occur on the exterior of the lot or in the public right-of-way. Gerry Strathman asked is this a new license and has the owner agreed to these conditions. Mr. Zangs responded ttais is a new license. He has been unable to make contact until today with the owner. However, Mr. Zangs spoke to the associate, and they went through the conditions at the site. Melissa Mazzara, 966 Hawthorne Avenue East, appeazed and stated cars have been parked on Forest Avenue for months at a time. It is impossible to drive from Maryland to Forest. She drives a scfiool bus and cannot drive down Forest. The business has repaired cazs in the alley. They have Chrown gazbage in the ailey. Ms. Mazzara has seen employees urinate on the neighbor's gazage. There is a huge pile of brush, tires, garbage in the back of the business that is eight feet high. She is concemed that mosquitoes may be breeding there. Mr. Strattmzau asked has she called the police about the vetucles. Ms. Mazzara responded that Parking Enforcement has been uncooperative. She calls the Mayor's Complaint O�ce, and the work gets done. It can take months for the vehicles to be removed. Three months is the longest she has seen a vehicle pazked there. This has not occurred since the last time she had something towed, which was a few weeks ago. Mr. Strathman asked are there any vehicles there now. Ms. M�_zara responded there are not. If the owners would comply with the five conditions recommended, she would be happy. ��ense pp �i_ca ion o'fFetape amaniego ■ d/b/a fiigh Tech Auto Service — Ciiy's Exh. No. 7 � o�-R�� O� -�Rg HIGH TECH AUTO SERVICE - 943 MARYLAND AVENUE EAST Page 2 Mr. Strathman stated Ms. Mazzara made reference to an eight foot pile of garbage, and he asked did Mr. Zangs see it yesterday. Mr. Zangs responded he saw a trailer full of wood debris. He contacted the property owner about it, who agreed that it should be removed, but the tenant is suppose to get rid of i� Mr. Zangs toid the owner that he is responsible for the activities of his tenants on this properry, and that Mr. Zangs would have a frank discussion with the tenant regarding this. If the license is issued with these condifions, LIEP will enforce them. If there is no compliance, LIEP wili start adverse action against the license. Mr. Strathman stated Ms. Mazzara's letter refers to the grass being 18 inches high. Mr. Zangs responded that the owner hired someone to cut the grass. Mr. Zangs reviewed the lease and according to his interpretation of it, the tenant is responsible for mowing the grass. It has been cut. Ms. Mazzaza stated the grass is growing again. Right behind the building there is an eight foot pile of brush, tires, boazds. Ivlr. Zangs responded he received notice from Housing that there are autstanding orders on this properiy. �•�r �a��, � ��= us LismcL � rtamm� C;ouncil, appeazed and stated in A ril, the �planning council sent a letter to the City recommending that they purchase the site demolish the building ana aeveiop no ising ther.e. At its May meehng, the plamm�g councii recommended the City deny this license. PED (Plazuung and Economic Development) is in negatiations with Mrs. Federoski (phonetic) to purchase the property and demolish it. Mr. Ogren feels it would b_e counterpzoductive to grant an licenses. Someone has been operating a business out of the oca ion up unti the planning council's June board meeting. There aze approximately I S cars on this site right now and there may have been up to 25 cats. It is more like a junkyard. This has been going on for several years. This is a visible location on Maryland Avenue. It pro}ects the wrong image of the East Side, which is something they are trying to change. Council President Dan Bostrom is in support of the City purchasing the properry and it is going forward according to his conversation with Mr. Bostrom on Saturday. Mr. Strathxnar. asked has he seen the conditions proposed for this license. Mr. Ogren responded he has not seen them, but he heazd what Ivf.r. Zangs said. Mr. Ogren has heazd the same conditions before. It will solve nothing on the East Side. ` Even with those conditions, asked Mr. Strathman, you still maintain your objections to the license. Mr. Ogren responded absolutely. The planning council wants to see tlus building demolished and the site redeveloped. It is counterproductive to issue a license because it may impair the City's ability to gain control of the properiy. The question is what ability does the City have to cancel the license, demolish the building, and develop it. Mr. Strathman stated he is hearing people testify that this business has been operating for rivo to three yeazs. Mr. Zangs responded one of the problem with the site is the transient tenants. Over oo�9y� �+-� FIIGH T`ECH AUTO SERVICE - 943 MARYI,AND AVENiJE EAST Page 3 the last couple of years, tenants have started businesses, they aze told to get licenses, and by the tune it gets fo the final end of processing the licenses, the tenants aze gone. Mr. Sfrathman asked how long the cutrent applicant has been operating a business here. Mr. Zangs responded the applicant received a notice in January of this year to apply for a license; it has been at least that long. Felipe Samaniego, applicant, appeazed and stated he did not know this site had a lot of problems in the past. He can comply with the conditions. He can move all the cars and clean the property. He talked to the owner about painting it because he is a painting contractor. Mr. Strathman asked how long he has been there. Mr. Samaniego responded he has not been working there. He just applied for the license. Ais partner has his tools there and goes there periodically. Mr. Strathman asked is he operating a repair business there right now. Mr. Samaniego responded no. He has been closed since he applied for the license. Sometimes it is open because his partner is cieaning his tools and taking tools out of there. Mr. Samaniego has his own business. As soon as he gets his license, he will start working at 943 Maryland. Is that what fias been observed, asked Mr. Strathman. Mr. Zangs responded he observed someone working on a white Chrysler inside the building yesterday. The hood was up, and this person had to clean his hands because he had been working. Ms. Mazzara responded that last week there was no business going on there, but this week it started up again. Mr. Strathman asked would he agree to the conditions proposed here. Mr. Samaniego responded in the affirmative. Mr. Zangs stated he would like an additional condition about no vehicies pazked in the alley because there is always a problem about the ownership of cazs there. Mr. Samaniego stated that condition would be olcay. Ms. Ma2zaza stated the City buying the property interests her, but she realizes that people have to make a living. Well run businesses are okay, too. Mr. Sirattunan stated if there was a history of this owner flagzantly disregazding the rules of the City, it would seem there would be a basis for not approving the license. Mr. Ogren stated he thought Mr. Zangs indicated that the applicant has been doing business since 7anuary. They were doing business there without a license as of yesterday according to Mr. Zangs. They were dning business even though they were scheduled for a legisIative hearing today and even though they appeazed before the District 5 Pianning Council. Mr. Ogren would ca11 that a callous disregazd for the law, the neighborhood, and the district councii. o� _v�q D O -G`IS HIC:I-I TECH ALTTO SERVICE - 943 MARyLAND AVENi7E EAST Page 4 Mr. Strathman stated it is often the case that businesses start off and there is a long time before they get a license. While what may have happened here is not good, it is not uncommon and not a basis for denying the license. Under the law, Mr. Ogren asked, isn't the business suppose to have a license before they conduct business. They aze, responded Mr. Strathman, but as a matter of practice, many people do not know they aze suppose to have a license or they apply for a license and it takes months for it to be approved. As a practicai matter, if that would be a basis for denying licenses, a lot of licenses would be denied and a lot of havoc would be created in the City. That fact alone is not enough to deny a license. Mr. Strathman does not feel this appiicant can be held responsible for all the bad things that have happened previously. Mr. Strathman asked is it coaect that people operate without a license during the license application process. Mr. Zangs responded it is a practice that goes on: There are circumstances where it happens a lot. Gerry Strathman recommended approval of the license with the six conditions that the applicant has agreed to, which aze listed below. This will be on the City Councii agenda for July 26, 2000. i) Parking for customers and employees shali be in the azeas designated in the site plan on file with the Office of LIEP. Pazking in other areas of the lot is prohibited until a site plan is approved by the Office of LIEP for any expansion of the pazking surface. 2) Only customers and empioyee vehicles may pazk on the lot. 3) Vehicle salvage is not permitted. 4. Vehicles with major body parts removed, vehicle parts, tires, oil, or similar items may not be stored outdoors. 5) No repair of vehicles may occur on the exterior of the lot or in the public right-of-way. 6) Vehicles awaiting repair and employees vehicles shall not be parked or stored in the adjacent alley. The meeting was adjourned at 1125 a.m. � (Note: These six conditions have been signed by the applicant.) 04/20/O1 01:08 FA% a,�'�.� _�_ w�� D I S T R ! C T P I V E P L A N N 1 N G P:t{pu - Plrrdr n To: Geay Strathmaa Corinae Astmcion Fmm: Bnue Sylvestsr, Dishict Five Planuing Council �i� Date: Re_ lune 28"', 2000 License Apglicati.on far 443 Maryland C�ij 02 d � g�q C O U N C Our organizatioa reviewed the requested Auto Repair Gazage Licease for the husiness located ai 943 Marylaad at a community meering on June 15'�. The &cense applicant joined tkris meeting. Conceins fzom neighbors weze numerous, and inciuded: • The horrible condi$on of the building and lot, • The excessive number af veIiicles which often seem to be permaneat Sxhues on the lot and the adjaining s�eet, • Cancems ahout auto-xepaic work being perfarmed illegally ia the alley and late into the nig�t, and • The existence of undergound gasoline tanlss, ' Due to these aad other concems o� oipanization voted to opnose the iequested auto reoaff earage license at tl�is address. The property and busiaess located at 943 Maryland is a detriment to our community. The business is poorly maoaged. We stroagly encoucage tl�at the City Depaxtinent of Inspections investigate the property and tag the property owner for code violations. If a license must be granted, we sincerely hope the City will impase coaditioas upon the lic�se that addcess our concerns as liated above. if youhave questions or aesd more information aboui or cancems or requesY, please call me at 774-5234. Cc: Dan Bosh�om SUN-28-2900 17�31 1014 Payne Avenue Saint Paul, Minnesota 5 Tel# 77a-5234 Faxx 774� lcense pg ica ion o e ipe amaniego • d/b/a Hiah Tech Auto Service Ci�y's Exh. No. "L — �:-= GERRY STR?.THMAN Dirccor CITY OF SAINT PAtiL Corinne Asuncion 0 � _�� LIEP 300 Lowry Professional Building COUNCIL IvVESTIGATION AND RESEARCA CEVTER NOTICE OF LEGISLATIVE HEARING Felipe Samaniego, Owner High Tech Auto Service 274 Annapolis Street East West Saint Paul, Minnesota 55118 Mz. Samaniego: Objections have been raised to the issuance of your Auto Repair Csazage License at 943 Maryland Avenue East. You are invited to attend and participate in a hearing before the Legislative Hearing Officer regazding these objections. The Legislarive Aeariug will be heid on: DATE: TTiVME: PLACE: Thursday, 7uly 13, 2000 11:00 a.m. Saint PauI City HalllRamsey Counry Courthouse Third Floor, Room i#330, Committee Hearing Room 15 West Kellogg Bivd Saint Paul, Minnesota 55102 At this hearing, the Legislative Hearing Officer wiil take testunony from all interested persons. At the end of this hearing, he will make a recommendation as to whether this license should be approved, approved with conditions, or referred to an Administrative Law Judge. The Ciry Council will have the final authority to grant or deny this license. c: Council President Dan Bostrom Complainants Payne Phalen Dishict 5 Planning Council Payne Arcade Business Association East Side Neighborhood Dev. Ca. Virginia Palmer, City Attorney's Offica LIEP Staff Norice Mailed: 7/6/2000 CITY HALL SUI7E 310 SAINT PAUL, MIi� Icense p ica .ion o e ipe ama� m� � dlb/a Hiah Tech Auto Service '�" Ci�y's Exh.1\TO. 3 � PnncM on Rmcled Paxr H t RECEfPT FOR APPLICATION Date of Application: May 0'I, 2000 Received From: 20000002649 FELIPE SAMANIEGO HIGH TECH AU70 SERVICE 943 MARYLAND AVE E ST PAUL MN 55106 �n appfication for: Auto Repair Garage (1 ) Eff Date: JuV 0'I, 2000 - Exp Date: Jul 01, 2901 Lic Fee: Total Due on this application $317.00 Other Fees Owed 50.00 Account Total Amount Due 5317.00 Amount Paid $317.00 Date Received May 0�, 2000 Outstanding Account Salanca Due SO.oO CiTY OF SAWT PAUL � �� OFFICE OF LICENSE, INSPECTIONS AND ETMRONMBJTAL PROTEC710N 350SG PetaSL StriB300 SainlPaW, 4fiN�esab 55102 (65�f 266-9CF70 7a.t (65l) 2fi6-9124 5357.00 Amount Paid: $317.00 Contacts: Project Pacilitator: MARTENS, CORINNE (651) 26fi9106 Inspedor(s): SCHWEWLER, KRIS7INA (KRIS) License {651) 266-91'10 ZANGS, LAWRENCE (LARRI� Zoning (651) 266-9083 WINGS, SHERRY Conditions: Requirements: 30 Days Notifiption Fire tnspection - Shesry Wings 228-G235 Lease Agreement, Purchase Agreement, or Proof of Ovmership NotiSption lettere to neighbors/organizatiQns �� C` ; t Notify Disirict and City Councils t� i s'1= J� 5 �l Project Faa Note: Response date for objections eupired Record Check Site Plan Zoning inspection �`� �� '� 3 � N� NoT�Y: 3� �eo MAII.ED: CONTACT PH��: LIQUOR: This is not a License to op��■ icense pp_i�cahon o e ipe amamego d/b/a Hia Tech Auto Service _ Page t of 1 � Ciiy'5 EXIt. NO. 1 �O �O �� Y� CLASS N LICENSE APPLICATION �7iTHIS APPLICATION IS ST.JBJECI' TO REVIEW BY TEIE PLTBLIC YLEASE TYPE OR PRINT L�I INK LICENSES ARE �TOT TRANSFERABLE PAY'YIENT 1NST BE RECEIVED WITH EaCH APPLICATIO;V Type of License(s) bein� applied for. Pro'ected date of o enin : "� �� `�' J P B �s,t`°��' ` �s�;�w�°- "� CompanyName �K ��{±��^��:''�� / Partnership / Sole Propnetorship If business is incoro�rated, �ive 3ate of incorporation: BusinessName(DBA). '� "'�'^ �'' '��.:�� Business Address (business location): ��„ dg. :.;� CI'TY OF SAIlVT PAUL Office of Licrnse, Inspectipns and Envimnmenial Pmtection 3N1 Sc PecSL S�ure300 c Paul. Knnaom 551�2 (65l) 3569090 Eaz (fi5i) 2b6.91bt � 3t7.bo BusinessPhone:(��k}'-� ,,,��g�— Sheet (#, Name, Type, Direction) � Ciry �� State Zip+q Beriveen whzt cross streets is the business located? � Which side of the street? Are the premises now occupied? �_ What Type of Business? � U T� t2�DOi � V� Mail To Address (if different than business address): �� {�nnCl�O/i 5 Sj f f1S�" t7�2S� S� I�ci 0� �'/I� �/� � Street (#, Name, 7ype, Directionj Ciry Scate Zip+4 Applican[ Infon Name and Title: - . °-,..,',:�; . _. . .-, . �� Home Address: ' '1'4�' n ✓Y� -(3f} (i�' ' �, ' =�,C`tS=��"� � x,�� c`' ��,r ��' � + ��:`� �'�Fl � Street (X, Name, Type, Dimction) City State Zip+4 Date of Sirth: �=� �`1 �`.'�•'O'' :' P1ace of Birth: t�:��`:� e t� '- Home Phone: CE "zf, s .l .�' Have yon ever been convicted of any felony, crime or violafion of any city ordinance other than traffic? YES NO !� DaTe of azrest: V Charge: _ Conviction: Sentence: List licenses which you cunently hold, fortnerly held, or may have an interest in: Have any of the above named licenses ever been regoked? Are you �oing to operate this business personally? X YES � NO If yes, list the dates and reasons for revocation: NO If not, who wil] operate it? Fiist Name Middle Snitial (Maidrn) Last Date of Birth Home Address. Shee[ (#, Name, Type, Dvectwn) C�ry Staee Zip+4 ( phone Number Are you going to have a mana�er or assistant in this business? YES X NO If the manager is not the same as the operator, please complete the fotiowin� infocmation: First Name Middle Inipal (Maiden) Lasi Date of Bitth Home Address. Strzet (1l, Name, 7ypz, Dvect�on) C�ry S[att Zip+d ( Fhone Numbzr Where? YES mn Fi�nnn Please IisY your e�loyment history for the previous five (5) year period: Business/Emolovment Address po-`t�t`l If business is a pamiership, please include the following information for each parmer (use additional pages if necessary): First Mdme Middle Initiat (Maiden) Las[ Da[e of Bir[h Saeet (#, Name, Type, Direction) City Sta[e Zipr4 Phone First Name Middle Initia( (Ma�den) (.ast Date of BirtF � � Home Address: Stteet (#, Name, 7ype, Direction) Ciry State Zip+q Phone Number MINNESOTA TAX IDENTIFICATIONNLJMBER- Pursuantto the Laws ofMinnesota, 1984, Chapter502, Article 8, 5ecrion 2(270.72) (Tax Clearance; Issuance of Licenses), licensing authorities are required to provide to the State ofMinnesota Commissionez of Revenue, the Minnesota business tax identification number and the social securiry number of each license applicant. • Under the Minnesota Government Data PracTices Act and the Federal Privacy Aci of 1974, we are required to advise you of the following regarding the use of the Minnesota Tax Identification Number: - This information maybe used to deny the issuance or renewal of your license in the eveni you owe Minnesota sales, employer's withholding or motot vehicle excise taxes; -Uponreceiving this infocmation, the licensing authority will supply it oniy to theMinnesota Department ofRevenue. However, under the Federal Exchange of Information Agreement, the Deparhnen[ of Revenue may supply this information to the Internal Revenue Service. Minnesota Tax Identification Numbers (Sales & Use Tax Number) may be obtained from the State of Minnesota, Business Records Degartment, 600 Robert Sheet North, Saint Paul, i�IN (651-296-6181). Minnesota Tax Identification Number: �� li� � Q If a Minnesota Tax Identification Number is not required for the business being operated, indic>te so by placing an "X" in the box. CERTIFICATION OF WORKERS' COMPENSATION COV"ERAGE PURSi3A�3T TO NSINNESOTA STATUTE 176.182 I hereby certify that I, ot my company, am in compliance with the wockers' compensation insurance cocerage requirements of Minnesota Statute t76.182, subdivision 2. I also undecstand that pcovision oF false informarion in this certification constitutes sufficient gzounds for adverse acrion against all licenses hel� including revoc�tion acd suspension of said licenses. NameofInsuranceCompany: ��j � Art�i� -°` =�'..YE-�(��_`"°� Policy Number = '' Coverage &om �� _:� I have no employees covezed under workers' compensation insurance =' .� (INITIALS) t0� � - OZ/ t fi/2000 Lut all other officezs of the corporation: OFFICER TITLE HO� HOME BtiSII�IESS DATE OF N.Si� (Office Held) ADDRESS PHONE PHONE BIRTH Ai�Tl' FALSIF'ICATION OF ��TSWERS GIVEN OR .VIATERIAL SUB:YIITTED 0�—`7 �lq WILL RESULT 1�Y DENIAL OF THIS APPLICATION I hereby shte that I ltave answered all of the preceding quesrions, and that the information contained herein is hue and correct to the best ofmy lmowledge and belief. I hereby szate further thaT I have received no money or othez coasideratioa, by way of loan, gi8, conmbutioq or otherwise, other than already disclosed in the application which I herewith submitted. I also understand this premise may be inspecte3 by police, fire, health and otfier city officials at any and all times when the business is in operadon Preferred methods of communication from this office (please rank in order of preference -"1" is most prefesed): bsi ( Phone Number with azea code: ( (� � ) �i3 —1 �G � �l ' S`)2 • �s7 i � Extension (Circle the type of pfione number you have listed above: Business Hom� Ce Fax Pager ` Phone Number wiih azea code: ( ) Extension (Circle the rype of phone number you fiave listed above: Business Home Cell Fax Pager P�Iail: Internet: Street (#, Name, Type, Directio») C�ry Sta[e Zip+4 E-Mail Address We will accept payment by cash, check (made payable to City of Saint Paul) or credit card (MasterCard or Visa). IFPAYING BY CREDIT CARD PLEASE COMPLETE THE POLLOYYING INFORNfAT10N: � MasterCaxd � V isa EXPIRATION DATE: ACCOUNT NUMBER: ❑�i�❑ ❑C]Cl❑ ❑C�C7❑ ❑f�I�❑ ❑L7�❑ ot c�a ror all Date **Note: If this application is FoodlLiquor related, please contact a Ciry of Saint Paul Heatth Inspector, Steve Olson (266-9139), to review plans. If any substanrial changes to shvcture are anticipated, please contact a City of Saint Paul Plan Examiner at 266-9007 to apply for building permits. If there aze any changes to the parking lot, floor space, or for new operations, please contact a City of Saint Paul Zoning Inspector at 266-9008. n�n Fiznoo SPECIFIC LICENSE APPLICATION5 REQUIRE ADDITIONAL INFORMATION. PLEASE SEE REVERSE FOR DETAILS >>>> , 1" ; =� � � � Ct � �.� � � �� J ` , V � � �. � S= � � � � , � � � �� ` � � `. - - � �., � . '- � � ��- � `� 1 0. � \ J 1 ��"--�- \ `J t yU � �i N ti .� � � � ` y � � �� ',� � � � � , � y -.; � �. ��. �r� �� v\ �; . , �, ��( �► `- � —� `--�- - ' - - - - - - - � ; � , � � �� . . s z _ > ^ � ,, , ; �. ., t. , .- "'- � ,� : �� c �� v �� Z 7 � ��1 ' � � �� -. l �x�? :\ a � � L \ � � -a . -+. � �� ----- - �--- - -� � - - - - - ,,, � - - t ____---y , � -c b. � e , � `-- 7 �5�7 -. � ,� Op �`{�{.°, _� c o`� �� a.; ir �� , �� r� - � �� ; � S o i � - i � � ; � 1 ' N X � . � �<� � � � W � ''� � � �� ,�� .' \ I� � \ �� ,� � \ � \ ,� J_� \` ` � � rv �� \ . �; � � - -- � � / �! ♦ � � �� T , �� -� c��.� �� STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Min�esota 554�1-2138 September 11, 2000 Fred Owusu City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, MN 55102 RE: In Re the License Application of Felipe Samaniego, d/b/a High Tech Auto Service; OAH Docket No. 12-2111-13124-3 Dear Mr. Owusu: �O- 9�q Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions of Law and Recommendation in the above-entitled matter. Afso enclosed is the official record, with the exception of the tape recording of the hearing which will be sent to under separate cover. Our file in this matter is now being ciosed. Sincerely, � J�V � �I STEVE M. MIHALCHICK Administrative Law Judge SMM:aws Enclosures cc: Virginia D. Palmer Fe{ipe Samaniego R£CEIVED �� 2 2��0 ClTY CLERK Providing Impartial Hearings for Government and Citizens A� Equaf Opportunity Employer Administrative Law Section & Administrative Services (612) 34�-7600 �TTY No. (612) 341-7346� Fax No. (612) 349-2665 � ��,�� STATE OF MINNESOTA) ) ss COUNTY OF HENNEPlN) AFFlDAVIT OF SERVlCE BY U.S. MAIL Debra S. Aws, being first duly sworn, hereby deposes and says that on the 11 day of September, 2000, at the City of Minneapolis, county and state aforementioned, she served the attached Findings of Fact, Conclusions and Recommendation; Docket No. 12-2111-13124-3 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed to the individuals named herein. Fred Owusu City Clerk 170 City Half 15 West Kellogg Boulevard St. Paul, MN 55102 Felipe Samaniego 274 Annapofis Street E. West St. Paul, MN 55118 Virginia D. Palmer Assistant City Attorney� 400 City Hall 15 West Kellogg Blvd St. Paul, MN 55102 ��3 - `-�`��' Debra S. Aws Subscribed and swom to before me this 11th day of September 2000. LaVON AEGAN aernnr Pueuc - rmrn+ESOrA MY COMMISSION EXPlRES JAMUARY 3t.2005 ob�� 12-2111-13124-3 STATE OF MINNESOTA OFFICE OF ADMIN4STRATIVE HEARINGS FOR THE COUNCIL OF THE CiTY OF ST. PAUL In Re the License Application of Felipe Samaniego, d/b/a High Tech Auto Service FINDINGS OF FACT, CONCLUSIONS, AND RECOMMENDATION This matter was heard by Administrative Law Judge Steve M. Mihalchick on September 7, 2000, at 9:30 a.m, in Room 42 of St. Paul City Hall. The record was closed upon adjournment of the hearing that day. Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Blvd, St. Paul, MN 55102, appeared on behalf of the St. Paul O�ce of License, Inspections, and Environmental Protection (LIEP). Felipe Samaniego, 274 Annapolis St. E, West St. Paul, MN, 55118, appeared on his own behalf. There were no other appearances at any time up to 10:00 a.m. STATEMENT OF iSSUES Whether Mr. Samaniego's license application to operate an auto repair garage at 943 Maryland Ave should be approved and what conditions should be imposed. NOTICE This Report contains a recommendation, not a final decision. The Saint Paul City Council will make the final decision after reviewing the record and may adopt, reject or modify the Findings ofi Fact, Conclusions and Recommendation contained herein. Pursuant to Section 310.05 of the Saint Paul Legislative Code, the City Council's final decision shall not be made until this Report has been made available to the parties to the proceeding and the Licensee has been provided an opportunity to present oral or written arguments aNeging error on the part of the Administrative Law dudge in the application of the law or the interpretation of the facts and an opportunity to present argument relating to any recommended adverse action. Any interested parties shouid contact the Saint Paul City Council, 310 City Hall, Saint Paul, Minnesota 55102, to ascertain the procedure for presenting argument to the Council. Based upon the record herein, the Administrative Law Judge makes the following: �o'�'�� FINDINGS OF FACT 1. On May 1, 2000, Mr. Samaniego submitted an application to operate an auto repair garage known as High Tech Auto Service at 943 Maryland Ave E, St. Paul, MN.' 2. In a letter of June 28, 2000, Bruce Sylvester, District Five Planning Gouncil reported that they had several concerns and had voted to oppose the application. In the alternat+ve, they requested that if the license were granted, that conditions be imposed to address their concerns. Those concems were the condition of the building and lot, excessive vehicles on the lot and street for extended periods, repair work in the alley and late into the night, and the existence of underground storage tanks? 3. A Legislative Hearing was held before Legislative Hearing O�cer Gerry Strathman on July 13, 2000. At that time, LIEP recommended approvaf of the license, subject to Frve conditions: a. Parking for customers and employees onty in areas designated on the filed site pian. b. Only customer and employees vehicles may be parked on the lot. c. Vehicle salvage not permitted. d. Vehicies with major body parts removed, parts, tires, oil, and similar items may not be stored outdoors. e. No repair on the exterior of the lot or in the pubiic right-of-way. During the course of the Legislative Hearing, a sixth condition was added: f. Vehicles awaiting repair and employees' vehicles shall not be parked or stored in the adjacent alley. Mr. Samaniego agreed to all these conditions during the Legisfative Hearing and the Legisiative Hearing Officer recommended approvai of the license, subject to the six conditions. 4. Mr. Samaniego signed an agreement to the six conditions being placed upon his license, and the conditions were incorporated into a July 13, 2000, letter to him from LIEP.' ' Ex. 1. 2 Ex. 2. ' Ex. 3. ° Ex. 4. 5 Ex. 7. 6 Ex. 6. ' Ex. 5. , ��`l I 5. On July 26, 2000, the City Council referred this matter to the Office of Adminisfrative Hearings for an Administrative Law Jud�qe Hearing for the purpose of allowing additional public comment on the application. The Notice of Hearing was issued August 10, 2000, setting the hearing for September 7, 2000, at 9:30 a.m., in Room 42 of City Hall. A copy of the notice was sent to the District Five Planning Council 9 6. At the hearing on September 7, 2000, LIEP continued to recommend issuance of the license subject to the six conditions. Mr. Samaniego continued to agree to those conditions. 7. No one appeared to oppose or comment on the application. Mr. Samaniego suggested that one reason for that might be that he has begun cleaning up the site and addressing some of the listed conditions and the other concerns expressed by the neighbors at the District Five meeting and the Legislative Hearing. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the City Council have jurisdiction in this matter pursuant to Minn. Stat. § 14.55. 2. All significant concerns regarding the operation of an auto repair business by Mr. Samaniego at 943 Maryland have been adequatefy addressed by the conditions recommended by LIEP and the Legislative Hearing Officer. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS RESPECTFULLY RECOMMENDED that the City Council order that the license be granted with the conditions recommended by LIEP and the Legislative Hearing Officer. � Dated September 11, 2000 / � c __ - 7'_ �STEVE M. MIHALCHICK Administrative Law Judge Reported: Taped 8 Ex. 8. 9 Ex. 9. � � e r��9 OFFICE OF ADMINISTRATIVE HEARINGS FOR TI3E COUNCIL OF THE CITY OF SAINT PAUL In Re The License Application of Felipe Santauiego, dJbla High Tech Auto Service CITY'S PROPOSED EXHIBITS September 7, 2000 TO: JudgeStevenM.Mihalchick,AdministrativeLawJudge,0£ficeofAdministrativeHearings, 100 Washington Squaze, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a fist of the City's proposed e�ibits for the Administrative Hearing on September 7, 2000. Exhibit No. Exh. No. 1 E�. No. 2 E�. No. 3 E�. No. 4 Exh. No. 5 E�ch. No. 6 E�ch. No. 7 Ea�h. No. 8 E�. No. 9 Aescription License application, received May 1, 2000 (5 pp.); June 28, 2000 letter from Bruce Sylvester to Gerry Strathman (1 p.); Notice of Legislative Hearing, mailed July 6, 2000 (1 p.); License Application Snuunary (I p.); July 13, 2000 letter from Larry Zangs to Felipe Samaniego, dated July 13, 2000 (2 pp.); License conditions, dated July 13, 2000 (1 p.); Minutes Of The Legislative Hearing, Thursday, 7uly 13, 200Q (4 pp.); Acrion Minutes Of The Saint Paul City Councii, Wednesday, July 26, 2000 �� PP•); Notice of Hearing, dated August 10, 2000, with Affidavit of Service (3 pp.}. �W Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legislative Code § 310.06 Respectfuliy submitted this 7th day of September, 2000. �- Virg' � D. Palmer Assistant City Attorney O£fice of The City Attorney 400 City Aall Qp ,q�l9 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 , . , t � CITY OF SA1NT PAUL Norm Coleman, Mayor August 10, 2000 OFFICE�THE CITY ATTORNEY �¢��' (.� Claytox M. inson, Jc, Ciry Attorney U Civil Division 400CiryHa11 Telephane:651266-8710 ISWesiKelloggBlv�1. Facsimile:651298-�679 Saini Paul, Minnuot¢ SS102 NOTICE OR AEARING Felipe Samaniego High Tech Auto Services 943 Maryland Avenue East Saint Paul, Minnesota 55106 RE: Application for an auto repair license by Felipe Samanaego, d!b(a High Tech Auto Services, for the premises at 943 Maryland Avenue East Dear Mr. Samaniego: Please take notice that a hearing will be held concerning your application for an auto repair garage license for the premises at 943 Nlaryland Avenue East in Saint Paul. The hearing will be held at the following date, time and piace: Date: Time: Place: September 7, 2000 9:30 a.m. Room d2, City HalUCourthouse 15 W. Kellogg Boulevard Saint Paul, MN 55102 The hearing examiner will be an Adrninistrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Telephone: Steven M. Mihalchick Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN 55401-2138 (612)349-2544 The Council of the City of Saint Paul has refened the question of whether to deny your license appiicarion for a hearing in accordance with the procedures of Saint Paul Legislative Code §§310.05 and 310.06. Under those provisions, you are entitled to notice and an opportunity to be heard. ■ icense pp��ca ion o�e ►pe amamego ■ d/b!a High Tech Auto Service — Cify's Exh. No. 9 -', � Page 2 Felipe Slmaniego August 10, 2000 • � op ,a� The recommendation which the Director of the Office of License, Inspections and Environmental Protection will present to the Administrative Law Judge is that the license should be approved with conditions. The conditions being recommended are those conditions which you have reviewed and agreed to by signature dated July 13, 2000. However, the Administrative Law Judge is permitted to hear "other interested persons" and to giva them an opporiunity to present testimony and otherwise participate in such a hearing. It is anticipated that one or more such "interested persons" will participate in the hearing, and may wish to intervene. The Administrative Law Judge may require such person or persons to provide written notice of the grounds upon which denial of your license application is urged, and the factual basis for such grounds. Motions may be made to determine the issue of intervention and notice of the grounds in advance of the hearing. You have the right to be represented by an attorney before and during the hearing if you so choose, or you can represent yoursel£ You may also have another person of your choice to represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted by an Administrative Law Judge, who will outline the procedures for the hearing and consider any motions which the parties or interested persons may present. Testimony is presented under oath, and the witnesses are subject to cross-examination. The hearings are tape-recorded by the Administrative Law Judge. Concluding arguments may be made orally or in writing, as agreed to by the parties and the Judge. Following the hearing, the Judge will prepare Findings of Fact, �onclusions of Law, and a specific recommendation for action to be taken by the City Council. The City Council is the ultimate decision-maker. You should bring with you to the hearing any documents, records, witnesses or other evidence that you will or may need to support your position. Subpoenas may be available to compel the attendance of wimesses or the production of documents in confortnity with Minnesota Rules. Please feel free to contact me if you have any questions about this letter. Sincerely, �/ �� .� Virgini D. Palmer Assistant City Attorney cc: LaVon Regan, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Bruce Sylvester, Community Organizer, Payne Phalen District 5 Planning Councii, 1014 Payne Ave., St. Paul, MN 55101 . -� `. � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY � AFFIDAVIT OF SERVICE BY MAIL � � �; JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on August 10, 2000, she served the attached NOTICE OF HEARING upon the following named person placing a true and correct copy thereof in an envelope addressed as follows: Felipe Samaniego High Tech Auto Services 943 Maryland Avenue E. St. Paul, MN. 55106 (which is the last known address of same, with postage prepaid, in the Minnesota. Subscribed and sworn to before me this lOth da.v��f Axra�st./�000. Notary PETER P. PANGBORN 1bTARY WBLIC-MINNESOtA MY CAMMISSION EXPIRES JAM. 31, 26mb said person) and depositing the �, _ y r CITY OF SAINT PAUL R E C� f V c D OFFICE OF THE CITY ATTORNEY O D� 6� Claytnn M. Robinson, Jr., Ciry Atmmey Civil Division Norm Colemars, Mayor � �(. � 400 CiryHall Telephone: 65/ 266-8770 ',1J ^` �V �� P�I Z' t 6 15 WuiKeifogqBlvd. Facsimile: b57 298-56t9 _ .�- y � ; � Saint Paul, Minrsuo[a J5102 , .;',`� ;; ^ Krcji = , �� k,tii:`�l7 August 10, 2000 NOTICE OF HEARING Felipe Samaniego High Tech Auto Services 943 Maryland Avenue East Saint Paul, Minnesota 55106 RE: Application for an auto repair license by Felipe Samaniego, d/b/a High Tech Auto Services, for the premises at 943 Maryland Avenue East Dear Mr. Samaniego: Please take notice that a hearing will be held concerning your application for an auto repair gazage license for the premises at 943 Maryland Avenue East in Saint Paui. The hearing will be held at the following date, time and place: Date: Time: Place: September 7, 2000 9:30 a.m. Room 42, City AalllCourthouse 15 W. Kellogg Boulevard Saint Paul, MN 55102 The hearing examiner will be an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Telephone: Steven M. Mihalchick Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN 55401-2138 (612)349-2544 The Council of the City of Saint Paul has referred the question of whether to deny your license application for a hearing in accordance with the procedures of Saint Paul Legislative Code §§310.05 and 310.06. Under those provisions, you are entitled to notice and an opportunity to be heard. Page 2 Felipe Samaniego Au�ust 10, 2000 a �,��a The recommendation which the Director of the Office of License, Inspections and Environmental Protection will present to the Admuustrative Law Judge is that the license shouid be approved with conditions. The conditions being recommended are those conditions which you have reviewed and agreed to by signature dated July 13, 20Q0. However, the Administrative Law Judge is permitted to hear "other interested persons" and to give them an opportunity to present testimony and otherwise participate in such a hearing. It is anticipated that one or more such "interested persons" will participate in the hearing, and may wish to intervene. The Administrative Law 7udge may require such person or persons to provide written notice of the grounds upon which denial of your license application is urged, and the factual basis for such grounds. Motions may be made to determine the issue of intervention and notice of the grounds in advance of the hearing. You have the right to be represented by an attomey before and during the hearing if you so choose, or you can represent yourself. You may also have another person of your choice to represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted by an Administrative Law Judge, who will outline the procedures for the hearing and consider any motions which the parties or interested persons may present. Testimony is presented under oath, and the witnesses aze subject to cross-examination. The hearings aze tape-recorded by the Administrative Law Judge. Concluding arguments may be made orally or in writing, as agreed to by the parties and the Judge. Following the hearing, the Judge wiil prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. The City Council is the ultimate decision-maker. You should bring with you to the hearing any documents, records, wimesses or other evidence that you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules. Please feel free to contact me if you have any questions about this letter. Sincerely, � � �--� Virginia r Assistant City Attorney cc: LaVon Regan, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Councii Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Bruce Sylvester, Community Organizer, Payne Phalen District 5 Plannin� Council, 1014 Payne Ave., St. Paul, MN 55101 � � � CITY � � s o ' � a t [��ii3il ro � �I�fl � i A a eti �� Ig54 � �� i ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, July 2fi, 2000 - 3:30 - 5:00 p.m. PUBLIC HEARINGS - 5:30 - 6:30 p.m. CITY COUNCIL GHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Nancy Anderson, Assistant Secretary to the Council Mary Erickson, Clerical Support - 651-266-8565 Office of the City Council Present - 5- Blakey, Bostrom, Harris, Lantry, Reiter Absent - 2- Benanav (Exc�sed), Coleman (arrived after roll call) CONSENT AGENAA (Items 1 - 23) NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. FOR ACTTON Approval of Minutes of June 28, 2000. Adopted Yeas - 6 Nays - 0 2. Claims of Cazol Anderson and Dane/Leigh Jorento. Referred to the Employee/Risk Management Office Petition in condemnation and motion for transfer of title and possession and notice of hearing (411 Sherburne Avenue) in the matter of the Housing and Redevelopment Authority of the City of Saint Paul vs. the City of Saint Paul, et al. � icense pp�ca io o�e ipe amamego � d/b/a High Tech Auto Service i City's Exh. No. 8 —' � �9 July 26, 2000, City Council Action Minutes Page 2 4. Letter from the City Attorney's Office announcing a public hearing before an Administrative Law 7udge on August 17, 2000, at 930 a.m., Room 42, Saint Paul City Hall-Court House concerning the application for a taYicab driver's license for Willie B. Jones, Jr. 5. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on August 9, 2000, to consider the appeal of Douglas Berends to a decision of the Planning Commission denyin� a request for a speciai condition use permit to allaw for a used car sales lot on the property at 1170 Arcade Street (southeast corner of Rose Avenue and Arcade Street). Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on August 9, 2000, to consider the appeal of Motorscope/Dean C. Johnson of a Planning Commission decision attaching conditions to a Special Condition Use Permit ailowing reconstruction of an auto specialty store at 360 South Snelling Avenue. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on August 9, 2000, to consider the application of the Episcopal Church Home to rezone properry from P-1 and B-3 to RM-2 to allow for the expansion of a retarement community at the southwest corner of University and Fairview Avenues. 8. Administrative Order: D001896 Amending the Community Development Block Grant budget, Department of Planning and Economic Development, in the amount of $49,850 for the Dunning Recreation Center Project. D001897 Amending the 1994 Community Development Block Grant budget, Division of Parks and Recreation, in the amount of $9,072.83 for final payment to IvI�iDOT on the B.N. (Bruce Vento) Regional Trail construction. Noted as on file in the City Clerk's Office 9. Resolution - 00-670 - Suspending all licenses held by Dinner Club 2000, Inc., 1177 Clarence Street, far failure to pay delinquent license fees. Withdrawn Yeas - 6 Nays - 0 �� July 26, 2000, City Council Action Minutes 10. Resolution - 00-671 - Suspending all licenses held by Subway #3475, 1277 University Avenue, for failure to pay delinquent license fees. Adopted Yeas - 6 Nays - 0 Page 3 11. Resolution - 00-672 - Holding Macalester College harmless for the City's use of Macalester's athletic track at 1600 Grand Avenue. Adopted Yeas - 6 Nays - 0 12. Resolutian - 00-673 - Authorizing the Saint Paul Police Department to enter into an agreement with the League of Minnesota Cities and the Upper Midwest Communiry Policing Institute to establish a re�ional community policing institute. Substitute introduced and adopted Yeas - 6 Nays - 0 13. Resolution - 00-674 - Approving the proposed changes to the ByLaws of the Middie Mississippi River Watershed Management Organization. Adopted Yeas - 6, Nays - 0 14. Resolution - 00-675 - Approving application, with conditions, far an Auto Repair Garage License by Felipe Samaniego, dba High Tech Auto Service, 943 Maryland Avenue East. (Legislative Hearing dffcer recommends approval with conditions) Referred to an Administrative Law Judge Hearing Yeas - 6 Nays - 0 15. Resolution - 00-676 - Memorializing City Council action taken May 24, 2040, granting the appeal of Leslie Lucht to a decision of the Board of Zoning Appeals concerning several variances in order to construct a third dwelling unit on the property at 681-683 Van Buren Avenue. Adopted Yeas - 6 Nays - 0 16. Resolution - 00-677 - Approving the purchase agreement for the properCy located at 1691 Hoyt Avenue for the Hoyt-Montana Flood Remediation Project. Adopted Yeas - 6 Nays - 0 17. Resolution - 00-678 - Accepting and thanking individuals and businesses for their donation of gifts to the City of Saint Paul for honoring the Captain and crew of the submarine USS MINNEAPOLIS/ST.PAUL during its centennial celebration. Adopted Yeas - 6 Nays - 0 , �9 op _� July 26, 2000, City Council Action Minutes Page 4 18. Prel'uninary Order - 00-679 - In the matter of the Seventh Place Mall operation and maintenance cests for 2000, and setting date of public hearing for September 6, 2000. (File #18428-00) - Adopted Yeas - 6 Nays - 0 19. Resolution Approving Assessment - 00-680 - In the matter of the Seventh Place Mall operation and maintenance costs for 1999, and setting date of public hearing for September 6, 2000. (File #18428-1999) Adopted Yeas - 6 Nays - 0 20. Resolution Approving Assessment - 00-681 - In the matter of the Wabasha West Streetscape Project, Phase I, areaways and amenities, Part "A" on Fourth and Wabasha Streets and setting date of public hearing for Au�ust 23, 2000. (File #18894A) Adopted Yeas - 6 Nays - 0 � 21. Resolution Approving Assessment - 00-682 - In the matter of approving the assessment far the constniction of a storm sewer connection on Victoria Street as part of the Chatsworth/Hoyt Area RSVP Project and setting date of public hearing for August 23, 2000. (File #18885-CONN) Adopted Yeas - 6 Nays - 0 22. Resolution Approving Assessment - 00-683 - In the matter of grading and paving alleys in the Pascal-Jefferson Project in 1999, and setting date ofpublic hearing for August 23, 2000. (File #18892a,b,c,d) Adopted Yeas - 6 Nays - 0 23. Resolution Approving Assessment - 00-684 - In the matter of summary abatements (properry clean-up) from late May - June, 2000 (J0004A); towing abandoned vehicles from private property during March and April, 2000 (J0003 V and J0004�; demolition of vacant buildings during the months of June and July, 2000 (J0004C), and setting date of Legislative Hearing for September 19, 2000 and City Council Public Hearing far September 27, 2000. Adopted Yeas - 6 Nays - 0 �a�� July 26, 2000, City Council Action Minutes Page 5 FOR DISCI3S5ION 24. Report from the Office of License, Inspections and Environmental Protection on�• their work plan in response to the Council Research "Performance Audit of the City of Saint Paul's Building Permit, Pian Review and Inspection Functions." (Council requested work plan on 7une 28) Laid over to August 2 Yeas - 6 Nays - 0 ORDINANCES 2�. First Reading - 00-63� - An ordivaucc amcuain� Council File 97-1568, an interim ordinance preserving the status quo with respect to advertising si�ns, to permit advertising signs at the new hockey arena. Laid over to August 2 for second reading 26. First Reading - 00-686 - An ordinance amending Saint Paul Legislative Code Chapter b6, Section 66.103.A, pertaining to the definition of advertising signs and adding new language to Section 66.214 to permit and reaulate advertising signs at sports facilities. Laid over to Angust 2 for second reading (Councilmember Blakey requested the City Attorney provide the Council with a written report as to when the billboard moratorium will officially end.) (Coleman was excused from the meeting at this time) PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 27. Third Reading - 00-657 - An ordinance authorizing the Port Authority to issue bonds in the principal amount not to exceed $4,500,000, for the Great Northern Business Center - Phase I, which will produce at least $4,000,000 for project costs and authorizing the Port Authority to pledge the City's general obligation to the full amount of these bonds. Substitute introduced and laid over to August 2 for final adoption �a�� July 26, 2000 City Council Action Minutes Page 6 28. Report of the Administrative Law 7udge (ALJ) concerning the application for Pool and Billiard Hall and related licenses by Thu Dinh Trinh, dba Song Thanh Billiazd, 995 University Avenue West. (Council refened to an ALJ on Apri126, ° 2000) Adopted the Administrative Law Judge's Findings of Fact, Conclusions, and Recommendation (Application approved with conditions) Yeas - 5 Nays - 0 29. Resolution - 00-620 - Amending Council File 00-129 to change the time line for removal or repair of the properiy located at 681 Edmund Avenue from 130 days to within fifteen (15) days from adoption of resolution. (Public Hearing continued from June 28) Withdrawn Yeas - 5 Nays - 0 30. Resolution - 00-633 - Removing No Parking 3AM - 6PM, Friday - Monday, Except by Permit, Area 11 from both sides of St. Albans Street from Thomas Avenue to Lafond Avenue to Blair Avenue (2 blocks). (Public Hearing contimied from June 28) Adopted Yeas - 5 Nays - 0 31. Resolution - 00-687 - Revising No Parking 8AM-8PM, Monday-Friday, Except by Permit, Area 24, to No Parking Except by Permit, Area 24, on the north side of Summit Avenue from Cretin Avenue to Mississippi River Boulevard. Adopted Yeas - 5 Nays - 0 32. Resolution - 00-688 - To consider the application for a sound level variance by Schwietz Saloon, 956 Payne Avenue, to allow live music during the Payne- Arcade Harvest Festiva12000 from 830 p.m. to 1230 a.m. on September 14, 15 and 16, 2000. Adopted as amended Yeas - 5 Nays - 0 33. Finai Order - 00-438 - In the matter of installation of a sanitary sewer and service connections in Ogden Avenue from Point Douglas Road to Winthrop Street, Winthrop Street from Ogden Avenue to Snowshoe Lane, and Snowshoe Lane from Winthrop Street to 160 feet of the west line of McKnight Road. (File # 18928) (Public hearing continued from July 5) Adopted Yeas - 4 Nays - 0(Reiter not present) .. July 26, 2000, City Council Action Minutes �� Page 7 34. Final Order - 00-689 - In the matter of unproving Fourth Street East from Wabasha to Minnesota and Cedar Street from Kellogg Boulevard to Fifth Street -• with concrete curbs, stamped concrete sidewalk, planting new trees, new drainage system, re-install existing globe lighting system, concrete driveway aprons and concrete/brick streets. (File #18906A) Adopted Yeas - 4 Nays - 0(Reiter not present) Sus�ension Items: Resolution - 00-690 - Deciaring that all crew members aboard the USS Minneapolis-Saint Paul are honorary citizens of Minnesota's Capital and inviting them to visit Saint Paul and experience its culture, scenery and the friendly people of our fair city. Adopted Yeas - 6, Nays - 0 Resolution - 00-691 - Granting a sound level variance to Bi4 Daddy's Old Kentucky BBQ on August 4, 2000 from 4:00 p.m. to 12:00 midnight. Adopted Yeas - 6 Nays - 0 CITY OF SAINT PAUL Norm Calem¢rs, Mayor Date: License ID: OFFICE OF L[CEiYSE, INSPECTIONS AND � �/� �� ENVIRONMENI'AL PROTECTION Rober[ Kessier, Direc[or IAWRY PROFHSSIONAL BUII]JING Telephone; 651-266-9090 350ScPeterSlreexSuite300 Facsimile: 6i1d66-9099 SaintPaul. SSIO2-ISIO 651-266-9724 LICENSE APPLICATION SUMMARY Thursday, July 13, 2000 @ 11:00 AM [►�iRilll � � • License Applicant: Felipe Samaniego DBA High Tech Auto Service 943 Maryland Avenue East License Type: Auto Repair Gazage License Conditions: l. Parking for customers and employees shail be in the areas designated in the site plan on file with LIEP. Parldng in other areas of the lot is prohibited until a site pian is approved by the Office of LIEP for any eacpansion of the pazking surface. 2. Only customer and employee vehicles may be pazked on the lot. 3. Vehicle salvage is not permitted. 4. Vehicles, with major body parts removed, vehicle parts, tires, oil, or similar items may not be stored outdoors. 5. No repaiz of vehicles may occur on Che exterior of the lot or in the public right-of-way. Requirements: Zoniug - Approved Fire - Approved License - Approved Pending Adverse Actions: None Current Licensee: LIEP Recommendataion: None Recommend approval LIEP Staff Reoresentative S icense pp ica ion o e ipe amaniego � d/b{a �Hi h Tech Auto Service — Ci�y's Exh. No. 4 — � CITY OF SAINT PAUL Norm Colemmt, Mayor July 13, 2000 Felipe Samaniego 943 Maryland Ave East Saint Paui MN 55106 �� OFFICE OF LiCENSE, INSPECITONS AND E2JVIRONMMENTAL PROTECTION Robe�fKessler, D'necto� IAWRYPROFES570NALBUILDING Telephone:651-266-9090 Suite 300 Fac.rimile: 651-266-9099 350 SL peter Sbeet 65]-266-9724 Sbu Pau{ M"mnesom SSIO2-I SIO RE: 943 Maryland Ave East - Lic. #20000002049 for and auto repair business Mr. Samaniego: This office has recommended approval of your license request subject to several conditions which are listed below. You signed a condition affidavit today agreeing to operate your business in compliance with these restrictions. 2. 3. 4. 5. � Parking for customers and empioyees shail be in the areas designated in the site plan on file with LIEP. Parking in other areas of the lot is prohibited untif a site pfan is approved by the Office of LIEP for any expansion of the parking surface. Only customer and empioyee vehicles may be parked on the lot. Vehicle salvage is not permitted. Vehicles, with major body parts removed, vehicie parts, tires, oil, or similar items may not be stored outdoors. No repair of vehicles may occur on the exterior of the lot or in the public right of-way. Vehicies awaiting repair and employees vehicles shall not be parked or stored in the adjacent ailey. � Failure to compiy with these conditions cou�d be ground for adverse action against your iicense. You are also advised that faiture to abide by any cily ordinance is grounds for this office to take enforcement action against your license. {n particular we ta{k today about vehicles which are on the lot for long periods of time ( in excess of 14 days). You are located '+n a B-3 zoning district. Exterior storage is not permitted (see leg. code 60.543 on reverse side). Further, vehicles that are not used for more than 5 days are considered "storage" pursuant St. Paui leg. code 219 ( see reverse side). The zoning administrator wiil aliow vehicles to remain on site for up to 14 days to allow you time to contact the owner of the vehicle and have them remove it or for you to arrange a towing company to remove the vehicle to an impound lot. As the business operator at this address, You are responsible for managing the number of vehicles on the lot. ff you have any questions, call me at 651/266-9083. Lawrence R. Zangs Zoning Administration e ieense pp ica ion o� e�pe amamego � d/b/a Hi h Tech Auto Service Ci�y's Exh. No. 5 — _ � Sec. 60.219. S. �� Storage. The placement of items such as, but not IimiterS to, the foitowing: merchandise for sale or rent; materials awaiting servicing, processing or manufacturing; finished products of a servicing, processing or manufacturing operation; equipment; portable storage containers but exctuding irash containers or garbage dumpsiers which are accessory to the main use; and automobiles, trucks, automobile trailers, semitrailers, intermoda! cargo containers, or other vehicles not used for more than five (5) davs. Sec. 60.543. Required conditions. The following condifions shal! be required of alt uses in the 63 General Business District: All business, storaae, servicina or orocessina shall be conducted within comoletelv enciosed buildinas. Provided, however, that the foilowing uses may be conducted outdoors if specifically allowed as a pesmitted use or special condition use: Off-street parking, off- street loading or outdoor businesses and outdoor businesses with outdoor storage. (Ord. No. 17524, §§ 16, 1-6-88; C.F. No. 92-1479, §§ 6, 12-15-92) OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Robett Kess�er. ti.edcr CITY OF SAINT PAUL Norm Coleman, Mayor ,V � / , LOWRYPROFESSIONALBUILDlNG 7eiennone.�lss�)2ss9asa Suae300 FarsbmTe: (65112669039 � s� �� s�+ lesa zss.vna Sai�RPau( MLnnesob SSfO&15f0 l agree to the foilowing conditions being piaced on the foilowing {icense(s): License #: 20000002049 Type of Business: Auto Repair Garage Applied for by: FELIPE SAMANIEGO Doing Business As: HIGH TECH AUTO SERVICE at: 943 MARYLAND AVE E ST PAUI. MN 55106 Conditions are as follows: 1. Parking for customers and employees shall be in the areas designated in the site plan on file with LIEP. Parking in other areas of the lot is prohibited until a site pian is approved by the Office ofi LIEP for any expansion of the parking surtace. 2. Only customer and employee vehicles may be parked on the lot. 3. Vehicle salvage is not permitted. 4. Vehicles, with major body parts removed, vehicle parts, tires, oil, or similar items may not be stored outdoors. 5. No repair of vehicles may occur on the e�erior of the lot or in the pub{ic right-of-way. � � � {,��eLa�et�5� �ai':�;te✓c>-j �. aio`e rar.td �ca��Ptc.Y4� ��e�+�(�.� 5`tr� ��, +ic# k7� }7 tW� 4�te:c� � 5'�C�°�c. ; n - �-vz�� t rQ�r� c�,�'{'_ c:. f( 4- "y�� Licensee Date � / �� -1ti , � � �/ r �._ � � x �'-��-/;�- t� C'� � icense pp a ton o�e pe ai an►ego � d/b/a High Tech Auto Service — City's Exh. No. 6 — � � . d��s� MINUTES OF TI� LEGISLATIVE HEARING HIGH TECH AUTO SERVICE - 943 AVEN�3E EAST Thursday, J y 13, 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 11:01 am. STAFF PRESENT: Corinne Asuncion, License Inspections, Environmental Protection (LIEP); Larry Zangs, LIEP; David Weisberg, LIEP Gerry Strathman stated this meeting is being held to hear objections to the license applacation for Felipe Samaniego, doing business as High Tech Auto Service, 943 Maryland Avenue East. Larry Zangs reported LIEP is recommending approval of the license subject to the following conditions: 1) Pazking for customers and employees shall be in the azeas designated in the site plan on file with the Office of LIEP. Pazking in other azeas of the lot is prohibited until a site plan is approved by the O�ce of LIEP for any expansion of the pazking surface. 2) Only customers and employee vehicles may park on the lot. 3) Vehicle salvage is not permitted. 4) Vehicles with major body parts removed, vehicle parts, tires, oii, or similaz items may not be stored outdoors. 5) No repair of vehicles may occur on the eaterior of the lot or in the public right-of-way. Gerry Strathman asked is this a new license and has the owner agreed to these conditions. Mr. Zangs responded this is a new license. He has been unable to make contact until today with the owner. However, Mr. Zangs spoke to the associate, and they went through the conditions at the site. Melissa Mazzara, 966 Hawthorne Avenue East, appeazed and stated cazs have been pazked on Forest Avenue for months at a time. It is impassible to drive from Maryland to Forest. She drives a school bus and cannot drive down Forest. The business has repaired cars in the alley. They have thrown garbage in the alley. Ms. Mazzara has seen employees urinate on the neighbor's gazage. There is a huge pile of brush, tires, gazbage in the back of the business that is eight feet high. She is concerned that mosquitoes may be breeding there. Mr. Stratlunan asked has she called the police about the vehicles. Ms. Mazzara responded that Parking Enforcement has been uncooperative. She calls the Mayor's Complaint O� ce, and the work gets done. It can take months for the vehicIes to be removed. Three months is the longest she has seen a vehicle pazked there. This has not occurred since the last time she had something towed, which was a few weeks ago. Mr. Strathman asked are there any vehicles there now. Ms. Mazzara responded there are not. Tf the owners wouid compiy with the five conditions recommended, she would be happy. � ■ ■ icense pp ica on o e ipe amantego dJbla Tech Auto Service — Cify's Exh. No. 7 —, HIGH TECH AUTO SERVICE - 943 MAFZYLAND AVENUE EAST o�as Page 2 ��` �� Mr. Sirathman stated Ms. Mazzara made reference to an eight foot pile of garbage, and he asked did Mr. Zangs see it yesterday. Mr. Zangs responded he saw a trailer full of wood debris. He contacted the property owner about it, who agreed that it should be removed, but the tenant is suppose to get rid of it. Mr. Zangs told the owner that he is responsible for the activities of his tenants on this properry, and that Mr. Zangs would have a frank discussion with the tenant regazding this. If the license is issued with these conditions, LIEP wili enforce them. If there is no compliance, LIEP will start adverse action against the license. Mr. Strathman stated Ms. Mazzara's letter refers to the grass being 18 inches high. Mr. Zangs responded that the owner hired someone to cut the grass. Mr. Zangs reviewed the lease and according to his interpretation of it, the tenant is responsibie for mowing the grass. It has been cut. Ms. Mazzara stated the grass is growing again. Right behind the building there is an eight foot pile of brush, tires, boazds. Mr. Zangs responded he received notice from Housing that there are outstanding orders on this property. council sent a letter to the and stated in April, the the eunaing ana deve�o ��n�th�re, At its May meeting, the plamm�g council recommended the City deny this license. PED (Plaruuug and Economic Development) is in negotiations with Mrs. Federoski (phonetic) to purchase the property and demolish it. Mr, Ogren feels it would be counterproductive to grant an licenses. Someone has been operating a business out of the oca on up unt�l the planning council's June board meeting. There aze approximately 15 cazs on tl�is site right now and there may have been up to 25 cazs. It is more like a junkyazd. This has been going on for several years. This is a visible location on Maryland Avenue. It projects the wrong image of the East Side, which is something they are trying to change. Councii President Dan Bostrom is in support of the City purchasing the property and it is going fonvard according to his conversation with Mr. Bostrom on Saturday. Mr. Strathman asked has he seen the conditions proposed for this license. Mr. Ogren responded he has not seen them, but he heard what Mr. Zangs said. Mr. Ogren has heard the same conditions before. It will solve nothing on the East Side. ` Even with those conditions, asked Mr. Strathman, you stili maintain your objecfions to the license. Mr. Ogren responded absolutely. The planning councii wants to see tYus building demolished and the site redeveloped. It is counterproductive to issue a license because it may impair the City's ability to gain control of the property. The question is what ability does the City have to cancel the license, demolish the building, and develop it. Mr. Strathman stated he is hearing people testify that this business has been operating for two to three years. Mr. Zangs responded one of the problem with the site is the transient tenants. Over J� . HIGH TECH AUTO SERVICE - 943 MARYLAND AVEN,UE EAST 0 � � Page3 �� the last coupie of yeazs, tenants have starYed businesses, they aze told to get licenses, and by the time it gets to the final end of processing the licenses, the tenanfs aze gone. Mr. Strathman asked how long the current applicant has been operating a business here. Mr. Zangs responded the applicant received a notice in January of this year to apply for a license; it has been at least that long. Felipe Samaniego, applicant, appeared and stated he did not know flus site had a lot of problems in the past. He can comply with the condifions. He can move a11 the cars and clean the property He talked to the owner about painting it because he is a painting contraetor. Mr. Strafhman asked how long he has been there. Mr. Samaniego responded he has not been working there. He just applied for the license. His partner has his tools there and goes there periodically. Mr. Strathman asked is he operating a repair business there right now. Mr. Samaniego responded no. He has been closed since he applied for the license. Sometimes it is open because his partner is cleaning his tools and.taking tools out of there. Mr. Samaniego has his own business. As soon as he gets his license, he will start working at 943 Maryland. Is that what has been observed, asked Mr. Strathman. Mr. Zangs responded he observed someone working on a white Chrysler inside the building yesterday. The hood was up, and this person had to clean his hands because he had been working. Ms, Mazzara responded that last week there was no business going on there, but this week it started up again. Mr. Strathman asked would he agree to the conditions proposed here. Mr. Samaniego responded in the affirmative. Mr. Zangs stated he would like an additional condition about no vehicles pazked in the alley because there is always a problem about the ownership of cars there. Mr. Samaniego stated that condition would be okay. Ms. Mazzara stated the City buying the property interests her, but she realizes that people have to make a living. Well run businesses are okay, too. Mr. Strathman stated if there was a history of this owner flagrantly disregazding the rules of the City, it would seem there would be a basis for not approving the license. Mr. Ogren stated he thought Mr. Zangs indicated Yhat the applicant has been doing business since January. They were doing business there without a license as of yesterday according to Mr. Zangs. They were doing business even though they were scheduled for a legislative hearing today and even though they appeazed before the District 5 Planning Council. Mr. Ogren would call that a callous disregazd for the law, the neighborhood, and the district council. �° HIGH TECH AUTO SERVICE - 943 MARYLAND AVENUE EAST O - 5 Page4 ��" �� l Mr. Strathman stated it is often the case that businesses start off and there is a long time before they get a license. While what may have happened here is not good, it is not uncommon and not a basis for denying the license. i3nder the law, Mr. Qgren asked, isn't the business suppose to have a license before they conduct business. They aze, responded Mr. Strathman, but as a matter of practice, many people do not know they are suppose to have a license or they apply for a license and it takes months for it to be approved. As a practicai matter, if that would be a basis for denying licenses, a lot of licenses would be denied and a Iot of havoc would be created in the City. T`hat fact alone is nof enough to deny a license. Mr. Strathman does not feel this applicant can be held responsible for all the bad things that have happened previously. Mr. Strathman asked is it correct that people operate without a license during the license application process. Mr. Zangs responded it is a practice that goes on: Ttiere are circumstances where it happens a lot. Gerry Strathman recommended approvai of the license with the six conditions that the applicant has aa eed to, which aze listed below. This wi11 be on the City Council agenda for July 26, 2000. i) Pazking for customers and employees shall be in the areas designated in the site plan on file with the O�ce of LIEP. Parking in other azeas of the lot is prohibited until a site plan is approved by the Office of LIEP for any expansion of the pazking surface. 2) Only customers and employee vehicles may park on the lot. 3) Vehicle salvage is not permitted. 4. Vehicles with major body parts removed, vehicle parts, tires, oii, or similaz items may not be stored outdoors. 5) No repair of vehicies may occur on the exterior of the lot or in the public right-of-way. 6) Vehicles awaiting repair and employees vehicles shali not be pazked or stored in the adjacent alley. The meeting was adjoumed at 11:25 a.m. rrn (Note: These six conditions have been signed by the applicant.) 04/20/O1 01:08 FA% _ ,�� -,::�_}-, D 1 5 T R I C T F 1 V E P L A N N i N l'uiper - l�Irnla l t Ta: Geay StraLhman Corinne Asuncaon Fmm: Bmce Sylvestet, District Five Planning Council �i� Uate: Re: June 28'", 2000 Licease Applicatioa for 943 Maryiaad G C¢j 02 � �� C 0 U N C Our organizafloa ceviewed the reqtiested Auto Repair Csazage Liceflse for the business located at 943 Maryland at a commumty meeting on 3une 15'�. The &cense applicant joined tlus meeting. Concems from aeighbors weze numerous, and included • The honible condifion of the building and lot, • The excessive numbea of vehicles which oftea seem to be permanene fixhues oa the !04 and the adjoining street, • Coacecns a6out auto-repaic vrork 6eing performed illegaliy ia the alley and late into the night,aud • The existence of undergound gasoline tanks, ' Due to these and other concems, ow organizatian voted to oppase the zeauested auto renair r:arage license at this address. The property and business located at 943 Maryland is a deuimenk to our community. The business is poorly maoaged. We stroagly enco�uage that the City Departmeat of Inspections investigate the property and tag the property owner for code violations. If a license must be granted, we sincerety hope the City will imgose coaditions upon the license that address nur concems as tisted above. If you ]�ave quesdons or need mare information about or concerns or request, please call me at 774-523A. Cc: Daa Bosh�om JUN-28-2000 17�31 1074 Payne Avenue Saint Paul, Minnesota 5 7ei# 7745234 Pax# 774� �cense pp ica aon o e ipe amamego ■ d!b!a High Tech Auto Service Cify's Exh. No. 2 —, - :`. � �,�_ — ��. ::t: GERftY STRATHMAIV D�rettor CITY OF SAINT PAUL Corinne Asuncion �O �q � LIEP 300 Lowry Professional Building COUNCIL INVESTIGATION AND RESEARCH CENTEB NOTICE OF LEGiBLATIVE HEARII3G Felipe Samaniego, Owner High Tech Auto Service 274 Annapolis Street East West Saint Paul, �Sinnesota 55118 Mr. Samaniego: Objections have been raised to the issuance of your Auto Repair Carage License at 943 Maryland Avenue East. You are invited to attend and participate in a hearing before the Legislative Hearing Officer regazding these ob}ecrions. The LegisiaYive Hearing will be held on: DATE: TIME: PLACE: Thursday, July 13, 2000 ll:00 a.m. Saint Paul City Ha11/Ramsey County Courthouse Third Floor, Room #330, Committee Hearing Room 15 WestKellogg Blvd. Saint Paul, Minnesota 55102 At this hearing, the Legislafive Hearing Officer will take testimony from all interested persons. At the end of this hearing, he wili make a recommendafion as to whether trus license should be approved, approved with conditions, or referred to an Administrative Law Judge. The City Councii will have the fmal authoriry to grant or deny this license. c: Council President Aan Bostrom Complainants Payne Phalen District 5 Planning Council Payne Arcade Business Associahon East Side Neighborhood Dev. Co. Virginia Palmer, City Attorney's Office LIEP Staff Norice Mailed: 7/6/2000 ciz xaL�. sUI'rE 310 SA1NT PAUL, t�t11• lcense lp ie�ion o�"F�'e ipe amaniego ■ d(b/a 7iigh Tech Auto Service '�" City's E�. No. 3 — Pnnced on Recyckd Pscer Pil'l I I � �eee, I . RECEIPT FOR APPLICATlON Date of Application: May 01, 2000 Received From: 2000o0o2as9 FELIPE SAMANIEGO HIGH TECH AUTO SERVECE 943 MARYLAND AVE E ST PAUL MN 55706 In application far: Auto Repair Garage ( t ) EH Date: Jul Ot, 2000 • F�cp Date: Ju101, 2001 lic Fee: Total Due a� this app(ication 5317.OU Other Fees Owed $o.00 Account Total Amount Due 8317.00 Amount Paid $317.00 Date Received May �1, 200� Outstanding Account Balance Due $D.DO Corrtacts: Project Facilitator. MARTENS, CORINNE (657) 26&9106 Inspector(s): SCHWEINLER,KRISTtNA{KRIS) License (65t}266-9110 ZANGS, LAWRENCE (LARR`� Zoning (651) 2665083 WINGS, SHERRY Gonditions: Requirements: 30 Days Notifiption Fre Inspection - Sherry Wings 228-6235 Lease Agreement, Purchase Agreement, or Pr�oj 7� hip Notifiption Ietters to neighDors/organiza � Notify Disfid and City Counais !.� f� i- ��.� C�1�� Project Fac. Note: Response date fof objections eacpired Record Chedc Site Plan Zoning Inspection �� e� �� C1TY OF SAINT PAUL ��` `�� OFFlCE OF LICENSE. INSPECiIONS AND ENVIRONMEMAL PR07EC710N 35o SL Pet� St Sude 900 Sa'urt Pam'. lSmnasata 55171 {[571 �-� � C�`71 266-9724 $317.00 Amount Paid: $317.00 NOTIFY: .3� �C7Q0 MAILED: CONTACT PHONE: LIQUOR: This i5 not d LiCense t0 O icense pp tcatton o e►pe amaniego � d/b/a High Tech Auto Service Page 1 of 1 — Cl ty's Exh. No. 1 � � n �� q�� O CLASS N LICENSE APPLICATION '�THIS APPLICATION IS SUBJECI' TO REVIEW BY TF� PiJBLIC PLEASE TYPE OR PRINT' 1N INK LICENSES ARE NOT TRANSFERABLE PAYMEI3T MUST BE RECEIVED WITH EACH APPLICATION Type of License(s) being applied for. Projected date of opening: ��"�'��,�c� ��'� 3� -4' J., Company Name. � d "'� �;� ;'��° �°�; ( Partnership / Sole Proprietorship If 6usiness is incoroArated, �ive late of incoipoiation: BusinessName{DBA) �'��*;'��:=� � '� Business Address (business locatian): ��v ;;� , � Stteet (#, Name, Direction) Between what cross streets is the business located? Are the premises now occupied? _�_ 4Vhat Type of Business? Mail To Address (if different than business address); a27�{ �nnG D Applicant Informarion: Name and Tide: �' "�-� ` Ficst HomeAddress: �"I�11:�• State Zip+4 Which side of the street? Title Street (tI, Name Type Direcnon) Qty T State Zip+4 Date of Birth: C"3:1 �"i.� . � � «°': ; ' place of Birth: : �:+� i � ' � ' Home Phone: �`^�(�1 ` � �� Have you ever been wnvicted of any felony, crime or violation of any ciry ordinance other ffian traffic? YES NO � Date of arrest: Charge: _ Conviction: Sentence: List licenses which you cucrently hold, formerly held, or may have an interest in: _ u Aaye any of the above named licenses ever been regoked? Are you going to operate this business personally? X YES YES CITY OF SAIN't PAUL Office of Licrnse, Inspections and Environmenrai Prutection 3505c PqcSt Srritc300 SancPaul,`.fi�mcscm SSL02 (6511 266-9 0 9 0 fs(65l)266.91]A � 317.a BusinessPhone:(�`�1 ��"�.�.�� City � NO lf yes, list the dates and reasons for revocation: NO If not, who will operate it? First Name Middle Initial (Maiden) I,ast Date of Sirth Home Address. Stree[ (#, Name, Type, D�rechon) Ciry State Zip+4 ( Phone Number Are you going to have a manager or assistant in this business? 1'ES X NO If the mauager is not the same as the operator, please complete the following informarion: FirstName Middlelniha] Where? (Maiden) Home Address. SVeet (H, Name, Typz, Directmn) Ciry Sfa[z Zip+9 ( Phone Numbzr mn �nnnn SVeet (#, Name, Type, DireCtionJ Ciry Sta[e Zip+4 Please list your employment history for the previous five (5) year penod: Business/Euwlovment . Address � Firs[ N'atne Middle Initlal (Ma�den) Las[ Date of Birth � ) Nome Address: Street (#, Tiame, Type, Direction) CiTy Siate ZipT3 Phone Number First Name Middle initiaf (Maiden) Last Date of Birth ( ) Home Address: Stteet (N, Name, Type, Direction) City State Zip+4 Phone Number MINNESOTA TAX IDENTIFICATION NUMBER - Pursuant to the Laws ofMinnesota,1984, Chapter 502, Article 8, Secrion 2(270.72) (Tax Clearance; Issuance of Licenses), licensing authoriries are required to provide to the State of Minnesota Commissioner of Revenue, the Minnesota business tax identif cation number and the social security number of each license applicant. � Under the Minnesota Government Data Pracrices Act and the Federal Privacy Act of 1974, we aze required to advise you of the following regazding the use of the Minnesota Tax Identification Number: - This information may be used to deny the issuance or renewal of your license in the event you owe Minaesota sales, employei s withholding or motor vehicle excise taxes; -Uponreceivingthisinformation,thelicensingauthoritywillsupplyitonlytotheMinnesotaDepartmentofRevenue. However, under the Fedeta3 Exchange of Infozmarion Agreement, the Depamnent of Revenue may supply this information to the Internal Revenue Service. Minnesota Tax Identification Numbers (Sales & Use Tax Number) may be obtained from the State of Minnesota, Business Records Denar[men[, b00 Robert Street North, Saint Paul, MN (b51-296-6181). Minnesota Tax Identification Number: �'�(} � � `.1 Q If a Minnesota Tax Idenfificaflon Number is not requaed foc the business being operated, indicate so by placing an"X" in the box. CERTIFICATION OP WORKERS' COMPENSATION COVERAGE PURSUANT TO MINNESOTA STATUTE 176.182 I hereby certify that I, or my company, am in compliance with the workers' compensation insurance cocerage requirements of Minnesota Statute 176.182, subdivision 2. I also understand that provision of false informarion in this certification constitutes sufficient grounds for adverse action against all licenses held, including revoc�tion and suspension of said licenses. _. Name of Insurance Company �_ - � p�an - - '�. ' �Yf' � -. Policy Number '' -'� �-= ;- ° Coverage from • �` _'� I have no employees covered under wotkers' compensation insurance -,< ` i' (INITIALS) t� ;,v- � �:. -. . � -.x: `rrz-�,� . -�,� �.,= - OJ I h/2000 List alI other officers of the coipomtion: OFFICER TITLE HOME HOME BLiSIi�IESS DATE OF N.4iLfE (Office He1d) ADDRESS PHONE PHONE BIRTH If business is a parmership, please include the following information for each partner (use additional pages if necessary): ANY FALSIFICATION OF ANSWERS GIVEN OR MATERIAL SiJB1VIITTED WII.L RESULT L�I DENIAL OF THIS APPLICATION E-Mail Address I hereby state tUat I Lave answered all of the preceding questions, and that the informarion contained herein is �ue and conect to the best ofmy knowledge and belief. I hereby state further that I have received no money or othez consideration, by way of loan, gift, con�ihution, or otherwise, other than already disciosed in the application whicfi I herewith subtnitted. I aLso understand this premise may be inspected by police, Fue, heaith and other city officials at any and all times when the business is in opeiation. Preferred methods of communicafion from this office (please rank in order of prcfe aes �e -"1" is most prefened): ( Phone Number with azea code: (_(�) �--lIG �S`I ' S�2' $7 1 v Extension (Circle ihe type of phone number you have listed above: Business Hom� Ce Fax Pager Phone Number with azea code: (_ ) Exteasion (Cucle the type of phone number you have listed above: Business Aome Cell Fax Pagei ) *�Iail: Street (#, Name, Type, Direc[ion) Ciry State Zip+4 Intemet: We will accept payment by cash, check {made payable to City of Saint Paul) or credit card (Maste�Card or Visa). IF PAYING BY CREDIT CARD PLEASE COMPLETE THE FOLLOWING INFORMATION: � MasterCazd � V isa EXPIItATION DATE: � � � � Name of Cardhotder ACCOUNT' NUMBER: op q�� '. of Cazd for all Date **Note: If this application is Food/Liquor related, please contact a City of Saint Paul Health Inspector, Steve Olson (266-9139), to review plans. If any substanfial changes to shvcture are anticipated, please contact a City of Saint Paul Plan Examiner at 266-9007 to apply for building permiu. If there aze any changes to the pazking lot, floor space, or for new operadons, please contact a City of Saint Paul Zoning Inspector at 266-9008. 0�/ifi/?000 SPECIFIC LICENSE APPLICATIONS REQUIRE ADDITIONAL INFORMATION. PLEASE SEE REVERSE FOR DETAILS >>>> . � j . ' , ;'' . i � � � � � � �`1.� i ' � w V \ �� J \) ` � � l�+ � � � � ti �?.� � � � ... �1 � �L :�> � \ \ \ 1 L \ � `' rV •� . 'h � � `'l � � � ------ - �•----' - t � \ � ` � � €'�—�—____�- _ -�t1 : -� � rS _� � S . -„ . 1Z > C _� iU� �� a: �.� y \ 1 � � � � \ ``� � i � � ',.` , � C.� U � ? ; \ � V I � ^ (`� �--.__> 9 _ - - - - _. . � � r � ` ^ � � ti ._ .1 C�. �\ � v '� i � 3 � uC � _ � � t � 1 M '-+ � � � , _ , L \ � � a �,. ' J � ry ��- � `V ; � , ! � � c � � � � \ � . � \ v � �� ; � . 'Z � � � �� \ J \ _\ �; � �o�� ,� c —� `V �? �� : �' � � _ � .Y ' ` � � J 1 � --= � o � � � � N f` � �� 7!` � � � 1 : J 1 y T � � �� . —� � . �+J J � STATE OF MIlVNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 September 12, 2000 Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, Minnesota 55102 Re: In Re the License Application of Felipe Samaniego, d!b/a High Tech Auto Services; OAH Docket No. 12-2111-13124-3. Dear Mr. Owusu: Enclosed is a copy of the tape recording from the hearing in the above- referenced matter heard on September 7, 2000. The record was returned to you on September 11. Sincerely, � ��?C��r ��-�/2�'/�'U � SANDRA A. HAVEN Administrator of O�ce Services Te{ep hone: 612/341-7642 sh Enc., Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Adminisirative Law Section &Administrative Services (612) 341-7600 �7TY No. (612) 341-7346� Fax No. (612) 349-2665 co�� F�e # e o _�t y q 4R1�1�A�. Presented By Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA Crreen Sheet # l0 CQ0 G p '� Committee: Date ItESQLVEA, that the application for an auto repair gazage license by Felipe Samaniego, dib/a High Tech Auto Service, for the premises at 943 Maryland Avenue East, is hereby granted, subject to the conditions set forth below. 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 FURTHER RESOLVED, that the findings of fact, conclusions of law and memorandum contained in the ALJ Report in this case, dated September 11, 2000, are expressly ratified and adopted as the written fmdings and conclusions of the Council in the matter, and the _ recommendation of the AL7 is hereby adopted, with the addition of three conditions agreed to by the applicant on September 27, 2000. FURTHER RESOLVED, that the following conditions shall be placed on the license: 1. Parking far customers and employees shall be in the areas designated in the site plan on file with LIEP. Parking in other areas of the lot is prohibited until a site plan is approved by the Office of LIEP for any expansion of the pazking surface. 2. 3. 4. 5. 6. Only customer and employee vehicles may be parked on the lot. Vehicle salvage is not permitted. Vehicles with major body parts removed, vehicle parts, tires, oil or similar items may not be stored outdoors. No repair of vehicles may occur on the exterior of the lot or in the pubiic right-of- way. Vehicles awairing repair and employee vehicles shall not be pazked or stored in the adjacent alley. Licensee shall pave the area where parldng and storing of customer and employee vehicles is permitted as identified on the site plan. Such paving must be a permanent dustless surface, and the pazking area must be striped to designate where parking of vehicles is permitted. Pauing and striping must be completed by October 31, 2000. No vehicle may be parked on the lot for mare than ten days. It shall be the responsibility of the licensee to insure that any vehicle not claimed by its owner is removed $om the lot as permitted by law. 1 9. Licensee shall remove the existing fence on the northem and eastern properiy 2 lines and replace it with a sold wood fence which is 8' in height, no later than 00 - 9�q 3 October 31, 2000. 4 5 This Resolurion is based on the record of the proceedings before the Administrative Law 6 Judge, including the hearing on September 7, 2000, the docuxnents and e�ibits introduced 7 therein, and the deliberations of the Council in open session on September 25, 2000, and 8 ApplicanYs consent to additional conditions. 9 10 A copy of this Resolurion, as adopted, shall be sent by first class mail to the 11 Admuiistrative Law Judge and to the Licensee Requested by Department of: Adoption Certified by Council Secretary ar: \.Jh.i.c.a-�n.�� i� lee�e�,..1 Form Approved by City Attorne+. � By: � Approved by Mayor for Submission to Council � �, \ .. - / r,�s� - � U�i �,i S l Adopted by Council: Date Q ,� 1e�M� r �-.�� 00 -1�i.� Palmer 266-8710 �CtObET 11, 20� - �.0115Crit snrt TOTAL � OF SIGNATURE PAGES GREEN SHEET mu�r�rowcarert No 106068 arv�a.c.. arcwnopar � atretou n�aew�mexeraow. ❑ rwreu�aomKero �� wnrro�s�+an�xn ❑ (CLIP ALC LOCATIONS FOR SIGNANRE� Finalizing City Council action granting the application for an auto repair garage license by Felipe Samaniego, dba High Tech Auto Service, 943 Maryland Avenue East, subject to conditions. (Public hearing held September 27, 2000) PLANNING CAMMISSION CIB CAMMRTEE CIVIL SERVICE COMMISSION AMOUNT OF TRANSACTION f (IXPLAINj Hes this a� e.er vro�d wider a�ntrad ro.mis aepartmenrr YES NO Has tlxs pe�aaUfirm wer heen e cky mmpWyee't YE8 MO Doec thk Pe�fm O�eass a sldll not normailYP�� bY �Y cutteM Ut�' emWoyee7 YES � le tltis pe�eoNfirm 8 tery�etl wndoR YES NO COST/ItEVElIUE BUDRETBD (GItCLE ON� ��Itl[:I�:'�:1 YES NO � dFFICE OF THE CITY ATTORNEY Clay[on M. Robinson, Jr„ Ciry ifttorney l� CITY OF SAINT PAUL Norm Coleman, Mayor c,HiD,ris,on 400 Ciry Nall I S Wvst Kellogg B1vd. Snint Pau( Minncsola 55102 00 —qyq September 13, 2000 Felephone: 651266-871 Q Facsirrtile: 657 298-5619 �+ii.�� i�$�33."C'i ��;;`�. NOTICE OF COUNCIL HEARING Felipe Sunaniego �� "a ��;�`� High Tech Auto Services 943 Maryland Avenue East Saint Paul, Minnesota 55106 RE: Application for an auto zepair license by Felipe Samaniego, d/6fa High Tech Auto Services, for the premises at 943 Maryland Avenue East Dear Mr. Samaniego: Please take notice that a hearing on the report of the Administrative Law 7udge concerning the above-mentioned license application has been scheduled for 5:30 p.m., Wednesday, September 27, 2000, in the City Council Chambers, Third Fioor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written azgument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, , � ��. � `�� Virginia D. Palmer Assistant City Attorney cc: Felipe Samaniego, 274 Annapolis St. E., West St. Paul, IvIN 55118 LaVon Regan, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, NIN SS401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Bruce Sylvester, Community Organizer, Payne Phalen District 5 Planning Council, 1014 Payne Ave., St. Paui, MN 55101 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 1�0 Washington Square, Suite 1700 f 00 Washington Avenue Souih Minneapolis, Minnesota 55401-2138 September 11, 200Q Fred Owusu City Cierk 170 City Hail 15 West Kellogg Boulevard St. Pauf, MN 55102 RE: In Re the License Application of Felipe Samaniego, d/b/a High Tech Auto Service; OAH Docket No. 12-2111-13124-3 Dear Mr. Owusu: p0 _9`lR Enciosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions of Law and Recommendation in the above-entitled matter. Also enclosed is fhe official record, with the exception of the tape recording of the hearing which will be sent to under separate cover.. Our file in this matter is now being closed. Sincerely, �� • / STEVE M. MIHALCHICK � Administrative Law Judge SMM:aws Enciosures cc: Virginia D. Paimer Felipe Samaniego ��i�� a �;,,� '-+ � Z CstiJ 11TY ,c�? Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 �TTY No. (612) 341-7346 � Fau No. (612) 349-2665 p � q`l� 12-2111-13124-3 STATE OF MINNESOTA OFFiCE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF ST. PAUL In Re the License Applicafion of Felipe Samaniego, d/b/a High Tech Auto Service FiNDINGS OF FACT, CONCLUSIONS, AND RECOMMENDATION This matFer was heard by Administrative Law Judge Steve M. Mihalchick on September 7, 2000, at 9:30 a.m. in Room 42 of St. Paul Cify Hall. The record was closed upon adjournment of the hearing that day. Virginia D. Palmer, Assistant City Attorney, 400 City fiail, 15 West Kellogg Bivd, St, Paui, MN 55102, appeared on behalf of the Sf. Paul Office of License, Inspections, and Environmental Protecfion (LIEP). Felipe Samaniego, 274 Annapolis St. E, Wesf St. Paul, MN, 55118, appeared on his own behaif. There were no other appearances at any time up to 10:00 a.m. STATEMENT OF ISSUES Whether Mr. Samaniego's license appfication to operate an auto repair garage at 943 Maryland Ave should be approved and what conditions shoufd be imposed. NOTICE This Report contains a recommendation, not a final decision. The Saint Paul City Councii wiii make the finai decision after reviewing the record and may adopt, reject or modify fhe Findings of Fact, Conciusions and Recommendation contained herein. Pursuant to Section 310.05 of the Saint Pauf Legisiative Code, the City Councii's fina! decision sha41 not be made until this Report has been made avaifable to the pa�ties to the proceeding and the Licensee has been provided an opportunity to present orai or written arguments afleging error on fhe part of fhe Administrafive Law Judge in the application of ihe law or the interpretation of the facts and an opportunity to present argument relating to any recommended adverse action. Any interested parties shou{d contact the Saint Paul City Councii, 310 City Half, Saint Paul, Minnesota 55102, to ascertain the procedure for presenting argument to the Council. Based upon the record herein, the Administrative Law Judge makes the foliowing: 0 � —`�`�`I FINDINGS OF FACT 1. On May 1, 2000, Mr. Samaniego su6mitted an application to operate an auto repair garage known as High Tech Aufo Senrice af 943 Maryland Ave E, St. Paui, MN. 2. ln a lefter of June 28, 2000, Bruce Sy4vester, District Five Pianning Councii reported that they had several concems and had voted to oppose the appiication. In the alternative, they requested that if the license were granted, that condifions be imposed to address fheir concerns. Those concerns were fhe condifion of the buiiding and lot, excessive vehicles on the lof and street for extended periods, repair work in fhe aliey and late into the night, and the existence of underground sforage tanks? 3. A Legisiative Hearing was he)d before Legislative Hearing O�cer Gerry Strathman on July 13, 2000 3 At that time, LIEP recommended approval of the license, subject to five conditions: a. Parking for customers and employees only in areas designated on the filed site plan. b. Only customer and employees vehicies may be parked on the lot. c. Vehicie salvage not permitted. d. Vehicles with major body parts removed, parts, tires, oit, and simifar items may not be stored outdoors. e. No repair on the exterior of the lot or in fhe pubfic right-of-way. During fhe course of the Legislative Hearing, a sixth condition was added: f. Vehicles awaiting repair and employees' vehicles shall not be parked or sfored in the adjacent ailey. Mr. Samaniego agreed to all these conditions during the Legislative Hearing and the Legislative Hearing Officer recommended approval of the license, subject to fhe six conditions. 4. Mr. Samaniego signed an agreement to the six conditions being placed upon his I+cense, and the conditions were incorporated into a 3uiy 13, 2000, fetter to him from LIEP � 'Fx.1. Z Ex. 2. 3 Ex. 3. ° Ex. 4. 5 Ex. 7. s E�c. 6. ' Ex. 5. oo-�y9 5. On July 26, 2Q00, the City Councii seferred this matter to the O�ce of Administrafive Hearings for an Administrative Law .lud�e Hearing for the purpose of a(lowing additional public comment on the application. The Notice of Hearing was issued August 10, 2000, sefting the hearing for Sepfember 7, 2000, at 9:30 a.m. in Room 49 of City Hali. A copy of the notice was sent to the District Five Planning Council. 6. At the hearing on September 7, 2000, LIEP continued to recommend issuance of the license subject to the six condifions. Mr. Samaniego continued to agree to those conditions. 7. No one appeared to oppose or comment on the appiication. Mr. Samaniego suggested fhat one reason for that might be that he has begun cleaning up the site and addressing some of the listed conditions and the other concerns expressed by the neighbors at the District Five meeting and the Legisiative Hearing. Based upon the foregoing Findings of Fact, fhe Administrative Law Judge makes the foilowing: CONCLUSlO1VS 1. The Administrative Law Judge and the Gity Council have jurisdiction in this matter pursuant to Minn. Stat. § 14.55. 2. All significant concerns regarding the operation ot an auto repair business by Mr, Samaniego at 943 Maryland have been adequate{y addressed by the conditions recommended by LIEP and the Legislative Hearing Officer. Sased upon the foregoing Conclusions, the Administrafive Law Judge makes the following: RECOMMENDATION IT IS RESPECTFULLY RECOMMENDED fhat the City Council order that the license be granted with the conditions recommended by LIEP and the Legislative Hearing O�cec � Dated September 11, 2000 � �_�-�--�-` ` - `�--' STEVE M. MIHALCHICK Administrative Law Judge Reported: Taped 8 Ex. 8. 9 Ex. 9. ��_g�� STATE OF MINNESOTA) ) ss COl1NTY OF HENNEPIN) AFFIDAVlT OF SERVICE BY U S MA1L Debra S. Aws, being first duly sworn, hereby deposes and says that on the 11 day of September, 20Q0, at the City of Minneapolis, county and state aforementioned, she served the attached Findings of Fact, Conclusions and Recommendation; Docket No. 12-2111-13124-3 by depositing in the United States maii at said City of Minneapolis, a true and correct copy thereof, properiy enveloped, with first c{ass postage prepaid and addressed to the individuals named herein. Fred Owusu Cify Clerk 170 City HaII 15 West Keilogg Boulevard St. Paui, MN 55102 Virginia D. Palmer Assistant City Attorney 400 City Hall 15 West Kellogg Blvd St. Paul, MN 55102 Felipe Samaniego 274 Annapolis Street E. West St. Paui, MN 55118 ��M'�,� . � Debra S. Aws Subscribed and sworn to before me this 11th day of September 2000, � J � -- � Ct � � C' °""`+ LaVON REGAN . xoru+rweuc-nn�surn vi� , •� MY CAMMISSION EXPIRES •:..s• .IANUARY 31. 2005 s STATE OF MINNESOfiA OFFICE OF ADMINISTRATIVE HEAI2INGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 554�1-2t38 September 11, 2000 Fred.Owusu City Clerk 170 City Hai4 15 West Keflogg Boulevard St. Paul, MN 55102 RE: ln Re the License Application of Felipe Samaniego, d!b/a High Tech Auto Seroice; OAN Docket No. 12-2111-13124-3 Dear Mr. Owusu: Enciosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions of Law and Recommendation in the above-entitled matter. Aiso enclosed is the officiai record, with the exception of the tape recording of the hearing which will be sent to under separate cover. Our file in this matter is now being closed. Sincerely, �� '�� STEVE M. MiHALCHICK Administrative Law Judge SMM:aws Enclosures cc: Virginia D. Palmer Felipe Samaniego t�ECEIVED SE� � 2 2�00 CiTY CLERK Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer s• ' � Administrative Law Section &Administrative Services (612) 341J600 �17Y No. (612) 341-7346� Fax No. (612) 349-2665 C� D —`1 ti`� STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) A�FIDAVIT OF SERVICE BY U.S. MAfL Debra S. Aws, being first duly sworn, hereby deposes and says thaY on the 11 day of September, 2000, at the City of Minneapolis, county and state aforementioned, she served the attached Findings of Fact, Conciusions and Recommendation; Docket No. 12-2111-13124-3 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first ciass postage prepaid and addressed to the +ndividuals named herein. Fred Owusu City Clerk 170 City Ha41 15 West Kellogg Boulevard St. Paul, MN 55102 Felipe Samaniego 274 Annapoiis Street E. West St. Pau1, MN 55118 Virginia D. Pafiner Assistant City Attorney 400 City Hafl 15 West Kellogg Bivd St. Paul, MN 55102 �� . � Debra S. Aws Subscribed and sworn to before me this 11th day of September 20�0. � � LaVON REGAN lqTA0.Y PI1B4G - MINNE50� MY CAMMISStON IXPIRES ,�pNUARY 31, 2005 Oa -q`t°l 12-2111-13124-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL O� THE CITY OF ST. PAUL in Re the License Applicafion of Felipe Samaniego, d/bia Nigh Tech Auto Service FINDINGS OF FACT, CONCLUSIONS, AND RECOMMENDATION This matter was heard by Administrative Law Judge Steve M. Mihalchick on September 7, 2000, at 9:30 a.m. in Room 42 of St. Paul City Hali. The record was closed upon adjournment of the hearing that day. Virginia D. Palmer, Assistant City Attorney, 400 City Hali, 15 West Kellogg Blvd, St. Paui, MN 55102, appeared on behalf of the St. Paui Office of License, Inspections, and Environmentai Protection (LIEP). Felipe Samaniego, 274 Annapolis St. E, West St. Paul, MN, 55118, appeared on his own behalf. There were no other appeasances at any time up to 10:00 a.m. STATEMENT OF ISSUES Whether Mr. Samaniego's license application to operate an auto repair garage at 943 Maryland Ave should be approved and what conditions should be imposed. NOTICE This Report contains a recommendation, not a fiinal decision. The Saint Paul City Council will make the final decision after reviewing the record and may adopt, reject or modity the Findings of Fact, Conclusions and Recommendation contained herein. Pursuant to Section 31�.05 of the Saint Pau! Legisiative Gode, the C+ty Council's final decision shafi not be made untii this Report has been made available to the parties to the proceeding and the Licensee has been provided an opportunity to present oraf or written arguments a{feging error on the part of the Administrative Law Judge in the appiication of the law or the interpretation of the facts and an opportunity to present argument relating to any recommended adverse action. Any interested parties should contact the Saint Paul City Councii, 310 City Hall, Saint Paui, Minnesota 55102, to ascertain the procedure for presenting argument to the Council. Based upon Yhe record herein, the Administrative Law Judge makes the following: o� -qtiq FIND{NGS OF FACT 1. On May 1, 2000, Mr. Samaniego submitted an appiication to operate an auto repair garage known as High Tech Auto Service at 943 Maryland Ave E, Sf. Paui, MN.' 2. In a letter of June 28, 2000, Bruce Syfvester, District Five Planning Cou�cil reported that they had severai concerns and had voted to oppose the appiication. In the alternative, they requested that if the license were granted, that conditions be imposed to address their concerns. Those concerns were the condition of the building and lot, excessive vehicles on the lot and street for e�ttended periods, repair work in the alley and late into the night, and the existence of underground storage tanks. 3. A Legislative Hearing was held before Legislative Hearing Officer Gerry Strathman on July 13, 2000. At that time, LIEP recommended approva{ of the license, subject to five conditions: a. Park+ng for customers and employees only in areas designated on the filed site pian. b. Only customer and employees vehicles may be parked on the fot. c. Vehicie saivage nat permitted. d. Vehicles with major body parts removed, parts, tires, oil, and similar items may not be stored outdoors. e. No repair on the exterior ofi the lot or in the public right-ofi-way. During the course of the legislative Hearing, a sixth condition was added: f. Vehicles awaiting repair and employees' vehicles shall not be parked or stored in the adjacent ailey. Mr. Samaniego agreed to ali these conditions during the Legislative Hearing and the Legislative Hearing Officer recommended approval of the license, subject to the six conditions. 4. Mr. Samaniego signed an agreement to the six conditions being placed upon his license, and the conditions were incorporated into a July 13, 2000, letter to him from LIEP.� ' Ex. 1. 2 Ex. 2. 3 Ex. 3. ° Ex. 4. 5 Ex. 7. 6 Ex. 6. ' F�. 5. 0 0 —`�`�`i 5. On July 26, 2000, the City Council referred this matter to the Office of Administrafive Hearings for an Administrative Law Jud�qe Hearing for the purpose of aliowing additional public comment on the appiication. The Notice of Hearing was issued August 10, 2000, setting the hearing for Sepfember 7, 20d0, af 930 a.m., in Room 42 of Gity Hall. A copy of the notice was sent to the District Five Planning Councii. 6. At the hearing on September 7, 2�Q�, LlEP continued to recommend issuance of the license subject to the six conditions. Mr. Samaniego continued to agree to those conditions. 7. No one appeared to oppose or comment on the application. Mr. Samaniego suggested that one reason for that might be that he has begun cleaning up the site and addressing some of the listed conditions and the other concerns expressed by the neighbors at the District Five meeting and the Legislative Hearing. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative �aw Judge and the Cifij Gounci! have jurisdiction in this matter pursuant to Minn. Stat. § 14.55. 2. AII significant concerns regarding the operation of an auto repair business by Mr. Samaniego at 943 Maryland have been adequately addressed by the conditions recommended by L{EP and the Legisfative Hearing Officer. Based upon the foregoing Concfusions, the Administrative Law Judge makes the fofiowing: RECOMMENDATION IT IS RESPECTFULLY RECOMMENDED that the City Council order that the license be granted with the conditions recommended by L1EP and the Legislative Hearing Officer. . Dated September 11, 2000 Reported: Taped <--�, �.yf-z�._- �-�--� STEVE M. MIHALCHICK Administrative Law Judge e Ex. 8. 9 EX. 9. �} � —`t`�`l OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CIT`Y OF SAINT PAL3L In Re The License Application of Felipe Samaniego, d/6fa High Tech Auto Service CITY'S PROPOSED EXHIBITS September 7, 2000 T0: Judge StevenM. Mihalchick, Administrative Law Judge, Office ofAdministrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list of the City's proposed exhibits for the Administrative Hearing on September 7, 2000. Exhibit No. Exh. No. 1 E�r. No. 2 Exh. No. 3 E�. No. 4 E�. No. � Exh. No. 6 E�. No. 7 Exh. No. 8 Exh. iVo. 9 Description License applicarion, received May l, �OQO (5 pp.); June 28, 2000 letter from $ruce Sylvester to Gerry Strathman (1 p.); Notice of Legislative Hearing, mailed July 6, Z000 (1 p.); License Application Smnniary (1 p.); July 13, 2000 letter from Larry Zangs to Felipe Samaniego, dated July 13, 2000 (2 pP•); License conditions, dated 7uly 13, 2000 (1 p.); Minutes Of The Legislative Hearing, Thursday, 7uty 13, 2000 (4 pp.); Action Minutes Of The Saint Paul City Council, Wednesday, July 26, 2000 � PP•)> Notice of Hearing, dated August 10, 2000, with Affidavit of Service � PP•)• oo-��q also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legislative Code § 310.06 Respectfully submitted this 7th day of September, 2000. �� Virgi � D. Palmer Assistant City Attomey Office of The City Attorney 400 City Hall 15 West Kellogg Boulevazd Saint Paul, Minnesota 55102 (612)266-8710 CITY OF SAINT PAUL Norn+ Colemnn, Mn}�o� I�ll�llSt 1�� 2.�� OFFICE' THE CITY ATTOR�TEY C�aytors M. __inson, Ja, City Attorn¢y a �_ q�� crUrr Drvtcro„ 400 Ciry Haif Telephone: 651 266-8710 fS W¢s Kellogg Bivd. Facsimite: b51198d619 Saint Pauf, Minnuoaa 55102 1�'OTICE OF HEA.RING Felipe Samaniego High Tech Auto Services 943 Maryland Avenue East Saint Paul, Minnesota 55106 RE: Application for an auto repair license by Felipe Samaniego, d/b/a High Tech Auto Services, for the premises at 943 Maryland A.venue East Dear Mr. Samaniego: Please take notice that a hearing will be held concerning your application for an auto repair garage license for the premises at 943 Maryland Avenue East in Saint Paul. The hearing will be held at the following date, rime and place: - Date: Time: Place: September 7, 2000 9:3U a.m. Room 42, City Hall/Courthouse 15 W. Kellogg Boulevard Saint Paul, MN 55102 The hearing examiner will be an Administratave Law 7udge from the State of Minnesota Office of Administrative Hearings: Name: Telephone: SYeven M. iViihalchick Office of Administrative Aearings l00 Washington Square, Suite 1700 Minneapolis, MN 55401-2138 (612) 349-2544 The Council of the City of Saint Paul has referred the question of whether to deny your license application for a hearing in accordance with the procedures of Saint Paul Legislative Code §§310.05 and 310.06. Under those provisions, you are entitled to notice and an opportunity to be heard. � icense pp�ca on o e ipe amani- d/b/a High Tech Auto Service — Ci£y's Exh. No. 9 —" Page 2 Felipe Samaniego August 10, 2000 b a- `( `E`� The recommendation which the Director of the Office of License, Inspections and Environmental Protection will present to the Administrative Law Judge is that the license should be approved with conditions. The conditions being recommended are those conditions which you have reviewed and a�reed to by signature dated July 13, 2000. However, the Administrative Law 3ud�e is perm7tted to hear "other interested persons" and to give them an opportunity to present testimony and otherwise participate in such a hearing. It is anticipated that one or more such "interested persons" will participate in the hearing, and may wish to intervene. The Administrative Law Judge may require such person or persons to provide written notice of the grounds upon which denial of your license application is urged, and the factual basis for such grounds. Motions may be made to determine the issue of intervention and notice of the grounds in advance of the hearing. You have the right to be represented by an attomey before and during the hearing if you so choose, or you can represent yourself. You may also have another person of your choice to represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted by an Administrative Law Judge, who will outline the procedures for the hearing and consider any motions which the parties or interested persons may present. Testimony is presented under oath, and the witnesses are subject to cross-examination. The hearings aze tape-recorded by the Administrative Law Judge. Concluding argusnents may be made orally or in writing, as agreed to by the parties and the 7udge. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. The City Council is the ultimate decision-maker. You should bring with you to the hearing any documents, records, witnesses or other evidence that you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules. Please feel free to contact me if you have any questions about this letter. Sincerely, � � �-� Virginia . Assistant City Attomey cc: LaVon Regan, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Bruce Syivester, Community Organizer, Payne Phalen District 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101 e o -`t �i `t STATE OF MINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on August 10, 2000, she served the attached NOTICE OF HSARING upon the following named person placing a true and correct copy thereo£ in an envelope addressed as follows: Felipe Samaniego High Tech Auto Services 943 Maryland Avenue E. St. Pau1, MN. 55106 (which is the last known address of same, with postage prepaid, in the Minnesota. Subscribed and sworn to before me this lOth dar�'�f A�st,�000. Notary PETER P. PANGBORN /D�TARY PUBtJC - MINNE.597A MY COMM�SSION EXPIRES JAN. 31, 2[3G3 said person) and depositing the CITY OF SAINT PAUL Norm Colemnn, .L/nyo� OFFICE OF THE CITY ATTORNEY - Claylon M. Robinson, Jc, CiryAttorney QQ �� RcCE1V=D y � civit oivision �J nt1G �� 1("i Z� i 6 4�OCiryHn[! Telephorte:651266-8710 !S GYer1 Ke[Logg Blvd. Facsimile: 651 298-5619 _ ; , � -_ ,: _ Saint P¢u[, Mirsrtuota 55102 , _ �„ ',�.Ii,Cn: _ i`,� k �:3�t7.�.+ E�ll�llSt 1�, 2�� NOTICE OF HEARING Felipe Samaniego High Tech Auto Services 943 Maryland Avenue East Saint Paul, Minnesota SSlOb ItE: Application for an auto repair license by Felipe Samaniego, d/b/a High Tech Auto Services, for the premises at 943 Maryland Avenue East Dear Mr. Samaniego: Please take notice that a hearing will be held conceming your application for an auto repair garage license for the premises at 943 Maryland Avenue East in Saint Paul. The hearing will be held at the following date, time and place: Date: Time: Place: September 7, 2000 9:30 a.in. Boom 42, City HalUCourthouse 15 W. Keilogg Boulevard Saint Paul, MN SS1Q2 The hearing examinez wi11 be an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Telephone: Steven M. Mihalchick Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN 55401-2135 (612)349-2544 The Council of the City of Saint Paul has refened the question of whether to deny your license application for a hearing in accordance with the procedures of Saint Paul Legislative Code §§310.05 and 310A6. Under those provisions, you are entitled to notice and an opportunity to be heard. Page 2 Felipe Samaniego August 10, 2000 Oo —q`�`l The recommendation which the Director of the Office of License, Inspections and Environmental Protection will present to the Administrative Law Judge is that the license should be approved with conditions. The conditions being recommended are those conditions which you have reviewed and agreed to by signature dated 7uly 13, 2000. However, the AdministraYive Law Judge is pernutted to hear'bther interested persons" and to give them an opporiunity to present testimony and otherwise participate in such a hearing. It is anticipated that one or more such "interested persons" will participate in the hearing, and may wish to intervene. The Administrative Law Judge may require such person or persons to provide written notice of the grounds upon which denial of your license application is ur�ed, and the factual basis for such grounds. Motions may be made to determine the issue of intervention and notice of the grounds in advance of the hearing. You have the right to be represented by an attomey before and during the hearing if you so choose, or you can represent yourself. You may also have another person of your choice to represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted by an Administrative Law 7udge, who will outline the procedures for the hearing and consider any motions which the parties or interested persons may present. Testimony is presented under oath, and the witnesses are subject to cross-examination. The hearings aze tape-recorded by the Adminlstrative Law 3udge. Concluding arguments may be made orally or in writing, as a�eed to by the parties and the Judge. Foilowing the hearing, the Jud�e wi11 pregare Findin�s of Fact, Conclusions of Law, and a specific recommendataon for action to be taken by the City Council. The City Council is the ultimate decision-maker. You should bring with you to the hearing any documents, records, wimesses or other evidence that you wiii or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Ru1es. Please feel free to contact me if you have any questions about this letter. Sincerely, � � �� Virginia D. Assistant Ciry Attorney cc: LaVon Regan, Office ofAdministrative Hearings, 1Q0 Washington Square, Suite 1700, Mpls, M1V 55401 Nancy Anderson, Assistant Council Secretary, 310 City Ha11 Robert Kessler, Director, LIEP Christine Rozek, LIEP Bruce Syivester, Community Organizer, Payne Phalen District 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101 0 0 -9�1� � C ITY �F �� @� w ��' o . � � r,�� n ti d 11F� � li II a h .C�� 1 95'� � ACTfON MINUTES OF THE SAINT PAIfL CITY COUNGIL Wednesday, July 26, 2000 - 3:30 - 5:00 p.m. PUBLlG HEARiNGS - 5;30 - 6:30 p.m. C1TY COUNCIL CHAMBERS, 3RD FLOOR City Hail and Court House 15 West Keflogg Boulevard Nancy Anderson, Assistant Secretary to the Councii Mary Erickson, Clerical Support - 651-266-8565 O�ce of the City Council Present - 5- Blakey, Bostrom, Harris, Lantry, Reiter Absent - 2- Senanav (Excused), Caleman (arrived after roll call) � CONSENT AGENDA (Items 1 - 23) NOTE: ALL ITEMS LISTED UNDER CONSENT RGENDA WILL BE ENACTED BY ONE MOTIOK THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM lYlLL BE RE�L/OVED FROM THE CONSENT AGENDA AND CONSLDERED SEPAR4TELY. FOR ACTIQN Approval of Minutes of June 28, 2000. Adopted Xeas - 6 Nays - 0 Claims of Carol Anderson and Dane/Leigh Jorento. Referred to the EmployeeiRisk Management Office Petition in condemnation and motion for transfer of title and possession and notice of hearing (411 Sherburne Avenue) in the matter of the Housing and Redevelopment Authority of the City of Saint Paul vs. the City of Saint Pau1, et al. � icense pp��ca �o�TF�ipe am mego � dJb/a High Tech Auto Service — City's Exh. No. 8 — 00 -q�� July 26, 2000, City Council Action Minutes Page 2 4_ Letter from the City Attorney's Office announcing a public hearing before an Administrative Law Judge on August 17, 2000, at 930 a.m., Room 42, Saint Paul City Hall-Court House concerning the application for a taYicab driver's license for Willie B. 7ones, 7r. 5. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on Auwst 9, 2000, to consider the appeal of Douglas Berends to a decision of the Plannin� Commission denying a request for a special condition use permit to allow for a used car sales lot on the propem� at 1170 Arcade Street (southeast corner of Rose Avenue and Arcade Street). 6. Letter from the Department of Pianning and Economic Development announcing a public hearing before the CiTy Councii on August 9, 2000, to consider the appeal of Motorscope/Dean C. Johnson of a Pianning Commission decision attaching conditions to a Special Condition Use Permit allowing reconstruction of an auto specialty store at 360 South Snelling Avenue. 7. Letter from the Departznent of Planning and Bconomic Development announcing a public hearing before the City Council on August 9, 2000, to consider the application of the Episcopal Church Home to rezone property from P-1 and B-3 to RM-2 to allow for the expansion of a retirement community at the southwest corner of University and Fairview Avenues. 8. Administrative Order: D001896 Amending the Community Development Block Grant budget, Department of Planning and Economic Development, in the amount of $49,850 for the Dunning Recreation Center Project. D001897 Amending the 1994 CommuniTy Development Block Grant budget, Division of Parks and Recreation, in the amount of $4,072.83 for final payment to NInDOT on the BN. (Bruce Vento) Regional Trail construetion. Noted as on file in the City CIerk's Office 9. Resolution - 00-670 - Suspending all licenses held by Dinner Club 2000, Inc., 1177 Clarence Street, far failure to pay delinquent license fees. Withdrawn Yeas - 6 Nays - 0 O p —q�� July 26, 2000, City Council Action Minutes 14. Resolution - 00-671 - Suspending aii licenses held by Sub�vay #3475, 1277 University Avenue, for failure to pay delinquent license fees. Adopted Yeas - 6 Nays - 0 Page 3 ll. Resolution - 00-672 - Holdin� Macalester College harmless for the City's use of Macalester's athletic track at 1600 Grand Avenue. Adopted Yeas - 6 Nays - 0 12. Resolution - 00-673 - Authorizing tl�e Saint Paul Police Department to enter into an agreemenf with the League of Minnesota Cities and the Upper 1Vlidwest Cammunity Policing Institu2e to establish a regional community policing institute. Substitute introduced and adopted Yeas - 6 Nays - 0 13. Resolution - 00-674 - Approving the proposed changes to the ByLa�vs of the Middle Mississippi River Watershed Management Organization. Adopted Yeas - 6, Nays - 0 14. Resolution - 00-675 - Approving application, with conditions, for an Auto Repair Garage License by Felipe Samaniego, dba High Tech Auto Service, 943 Maryland Avenue East. (Legislative Hearing Officer recommends approval rvith conditions) Referred to an Administrative Law Judge Hearing Yeas - 6 Nays - 0 15. Resolution - 00-676 - Memorializing City Council action taken May 24, 2Q00, granting the appeal of Leslie Lucht to a decision of the Board of Zoning Appeals concerning several variances in order to construct a third dweiling unit on the property at 681-683 Van Buren Avenue. Adopted Yeas - 6 Nays - 0 16. Resolution - 00-677 - Approving the purchase ab eement for the properiy located at 1691 Hoyt Avenue for ihe Hoyt-Montana Flood Remediation Project. Adopted Yeas - 6 Nays - 0 17. Resolution - 00-678 - Accepting and thauking individuals and businesses for their donation of gifts to the City of Saint Paul for honoring the Captain and crew of the submazine USS MINNEAPOLIS/ST.PAUL during its centennial celebration. Adopted Yeas - 6 Nays - 0 d D--- `�`tq 7uly 2b, 2000, City Councii Action Minutes Page 4 1$. Prelizninary Order - 00-679 - In the matter of the Seventh Place Ma11 operation and maintenance costs for 2000, and setting date of public hearing for September 6, 2000. (File #18428-00) - Adopted Yeas - 6 Nays - 0 19. Resolution Approving Assessment - 00-680 - In the matter of the Seventh Place Mail operation and maintenance costs for 1999, and setting date of public hearing for September 6, 2000. (File #18428-1999) Adopted Yeas - 6 Nays - 0 20. Resolution Approving Assessment - 00-681 - In the matter of the Wabasha West Streetscape Project, Phase I, areaways and amenities, Part "A" on Fourth and Wabasha Streets and setting date of pubiic hearin� for August 23, 2QOQ. (Fi1e #18894A) Adopted Yeas - 6 Nays - 0 21. Resolution Approving Assessment - 00-682 - In the matter of approving the assessment for the construction of a storm sewer connection on Victoria Street as part of the Chatsworth/Hoyt Area RSVP Project and settin� date of public hearing for August 23, 2000. (File # 18885-COlV� Adopted Yeas - 6 Nays - 0 22. Resolution Approving Assessment - 00-683 - In the matter of grading and paving alleys in the Pascal-Jefferson Project in 1999, and setting date ofpublic hearing for August 23, 2000. (File #18892a,b,c,d) Adopted Yeas - 6 Nays - 0 23. Resolution Approving Assessment - 00-684 - Tn the matter of summary abatements (property clean-up) from late May - June, 2000 (J0004A); towin� abandoned vehicles from private property during March and April, 2000 (J0003 V and 70004V); demolitian of vacant buildings during the months of June and July, 2Q00 (T0004C), and setting date of Legislative Hearing for September 19, 2000 and Ciry Council Public Hearing for September 27, 2000. Adopted Yeas - 6 Nays - 0 d � —�`l`� 7uly 26, 2000, City Council Action Minutes FOR DISCUSSION Page 5 24. Report from the Office of License, Inspections and Environmental Protection on-- their work plan in response to the Council Research "Performance Audit of the City of Saint Paul's Building Permit, Plan Review and Inspection Functions." (Council requested work plan on June 28} Laid over to August 2 Yeas - 6 Nays - 0 ORDINANCES 25. First Reading - 00-685 - An ordinancc auicn�lin� Council File 97-1 �68, an interim ordinance preserving the status quo with respect to advertising si�ns, to permit advertising signs at the new hockey arena. Laid over to August 2 for second reading 26. First Reading - 00-686 - An ordinance amending Saint Paul Legislative Code Chapter 66, Section 66.103.A, pertaining to the definition of advertising signs and adding netiv language to Section 66.214 to permit and regulate advertisin� signs at sports facilities. Laid over to August 2 for second reading (Councilmember Biakey requested the CiTy Attorney provide the Council with a written report as to when the billboard moratorium will of�cially end.) (Coleman was excused from the meeting at this time) PUBLTC HEARINGS (public hearings will begin at 5:30 p.m.) 27. Third Reading - 00-657 - An ordinance authorizing the Port Authority to issue bonds in the principal amount not to exceed $4,500,000, for the Great Northern Business Center - Phase I, which will produce at least $4,000,000 for project costs and authorizing the Port Authority to pledge the City's general ooligation to the full amount of these bonds. Substitute introduced and laid over to August 2 for final adoption e c� —`( `l� Ju1y 26, 2000 City Council Action Minutes Pa�e 6 28. Report of the Administrative Law Judge (ALJ) conceming the application for Pool and Billiard Hall and related licenses by Thu Dinh Trinh, dba Song Thanh Billiard, 945 University Avenue West. (Council refened to an ALJ on Apzi126, 2000) Adopted the Administrative Law Judge's �'indings of Fact, Conclusions, and Recommendation (Application approved with conditions) Yeas - 5 Nays - 0 29. Resolution - 00-620 - Amendin� Council File 00-129 to chanQe the time line for removal or repair of the property located at 681 Edmund Avenue from 130 days to within fifteen (1�) days from adoption of resolution. (Public Hearina continued fram 3une 28) � Withdrawn Yeas - 5 Nays - 0 30. Resolution - 00-633 - Removin; No Parking 3AM - 6PM, Friday - Monday, Except by Permit, Area 11 from both sides of St. Albans Street from Thomas Avenue to Lafond Avenue to Blair Avenue (2 blocks). (Public Hearing continued from June 28) Adopted Yeas - 5 Nays - 0 31. Resolution - 00-687 - Revising No Parking 8AM-&PM, Monday-Friday, Except by Permit, Area 24, to No Parking Except by Permit, Area 24, on the north side of Summit Avenue from Cretin Avenue to Mississippi River Boulevard. Adopted Yeas - 5 Nays - 0 32. Resolution - 00-688 - To consider the application for a sound level variance by Schwietz Saloon, 956 Payne Avenue, to ailow live music during the Payne- Arcade Harvest Pestival 2Q00 from 830 p.m. to 12:30 a.m. on September 14, 15 and 16, 2000. Adopted as amended Yeas - 5 Nays - 0 33. Final Order - 40-438 - In the matter of installation of a sanitary sewer and service connections in Ogden Avenue from Point Douglas Road to Winthrop Street, Winthrop Street from Ogden Avenue to Snowshoe Lane, and Snowshoe Lane from Winthrop Street to 160 feet of the west line of McKnight Road. (File #18928) (Public hearing continued from July 5) Adopted Yeas - 4 Nays - 0(Reiter not present) ao -qy°� July 26, 2000, Ciry Council Action Minutes Page 7 34. Final Order - 04-689 - In the matter of improving Fourth Street East from Wabasha to Minnesota and Cedar Street from Kellogg Boulevard to Fifth Sueet .- with concrete curbs, stamped concrete sidewalk, planting new trees, new drainage system, re-install existing globe lighting system, concrete driveway aprons and concrete/brick streets. (File #1&906A) Adopted Yeas - 4 Nays - 0(Reiter not present) SnsAension Items: Resolution - 00-690 - Declaring that all cre�v members aboard the USS Minneapolis-Saint Paul are honorary citizens of Minnesota's Cap]tal and invitins them to visit Saint Paul and experience its culture, scenery and the friendly people of our fair city. Adopted Yeas - 6, Nays - 0 Resolution - 00-691 - Granting a sound level variance to Bia Daddy's Old Kentucky BBQ on Au�ust 4, 2000 from 4:00 p.m. to 12:00 midnight. Adopted Yeas - b Nays - 0 CITY OF SAINT PALZ Norm Coleman, M¢yor Date: License ID: OFFICE OF LICENSE, INSPECTIONS AIJD O �'—� � t ENVIRONMENTAL PRO'I'ECfION RobrJZ Kess[er, Director LOWRY PROFESSIONAL BUILDlNG Telephane 651-26b9090 350 St Puer Streer, Suite 300 Facrimile: 65I-266-9099 SaintPaul.Minnrsom SSIOblSIO b51-266-9I24 LICENSE APPLICATION SUMMAI2X Thursday, July 13, 2000 @ 11:00 AM 20000002049 Liceuse Applicant: Felipe Samaniego DBA High Tech Auto Service 943 Maryland Avenue East License Type: Auto Repair Gazage License Conditions: 1. Pazking for customers and employees shall be in the azeas designated in the site plan on file with LIEP. Parking in other areas of the lot is prohibited unril a site plan is approved by the Office of LIEP for any expansion of the pazl�ng surface. 2. Only customer and employee vehicles may be pazked on the lot. 3. Vehicie salvage is not permitted. 4. Vehicies, with major body parts removed, vehicle parts, tires, oil, or similar items may not be stored outdoors. 5. No repair of vehicles may occur on the exterior of the iot or in the public right-of-way. Reqnirements: Zoning - Approved Fire - Approved License - Approved Pending Adverse Actions: None Cunent Licensee; LIEP Recommendation: Nane Recommend approval L1EP StaffReoresentarive � icense p i�p_o e ipe aman�ego � d/b/a Hi h Tech Auto S�rvice — Ci�y's Exh. No. 4 — CITY OF Sr�INT PAUL Norne Colemm; Mayor July 13, 2000 Felipe Samaniego 943 Maryland Ave EasY Saint Paui MN 55106 OFFICE OF LICENSE, INSPECTfONS AND bNVIIZONMENTAL PRO'IECTION a � —' � Y Robert Kess(er, Director IAI7RYPAOFESSIONALBUILBING Tetephone:651-266-9090 Suite 300 Facsimile: 65T-266-9099 350 St Peter Sbeet 557-266-9124 Sint Pau{ !Y£nmesollr SSIO2-ISIO RE: 943 Mary{and Ave East - Lic. #20000002049 for and auto repair business Mr. Samaniego: This office has recommended approvai of your license request subject to several conditions which are listed below. You signed a condition affidavit today agreeing to operate your business in compiiance with these restrictions. 1. Parking for customers and empfoyees shafl be in the areas designated in the site plan on fiie with LIEP. Parking i� other areas of the lot is prohihited untit a site p(an is approved by the Offics o6 LIEP for any expansion of the parking surface. 2. Oniy customer and employee vehicies may be parked on the Iot. 3. Vehicte salvage is not permitted. 4. VehicYes, with major body parts removed, vehicle parts, tires, oil, or similar items may not 6e sYored ouidoors. 5. No repair of vehicles may occur on the exterior of the lot or in the public right-of-way. 6. Vehicles awaiting repair and empfoyees vehicies shall not be parked or stored in the adjacent ailey. � Faiiure to compiy with these conditions could be ground for adverse action against your license. You are afso advisad that faifure to abide by any city ordinance is grounds for this office to take enforcement action against your (icense. In particular we talk today about vehicles which are on the 1ot for long periods of time ( in excess of 14 days). You are located in a B-3 zoning district. Exterior storage is not permitted (see leg, code 60.543 on reverse side). Further, vehicfes that are not used for more than 5 days are considered "storage" pursuant St. Pau! leg. code 219 ( see reverse side). The zoning administra#or wiii af{ow vehicles to remain on site for up to 14 days to ailow you time to contact the owner of the vehicle and have them remove it or fcr you to arrange a towing company to remove the vehicle to an impound lot. As the business operato� at this address, You are responsiBle for managing the number of vehicies on the iot. If you have any questions, call me at 651/266-9083. Lawrence R. Zangs • �cense pp�ica , o o�e ipe amamego ■ Zoning Administration d/b/a Hi h Tech Auto Service Ciiy's Exh. No. 5 — Sec. 60.219. S. 6`a —9`iGl Storage. The placement of items such as, but not limited to, the foflowing: merchandise for sale or rent; maferials awaiting ssrvicing, processing or manufacturing; finished producfs of a servicing, processing or manufacturing operation; equipment; portable storage containers but excluding trash containers or garbage dumpstefs which are accessory to the main use; and automobiles, trucks, automobiie trailers, semifiraiiers, intermodal cargo containers, or other vehicies not used for more than five (51 davs. Sec. 60.543. Required conditions. The foliowing conditions shall be required of all uses in the B-3 General Business District: All business storaqe serv+cinq or orocessing shali be conducted within comoletefv enclosed buildinqs. Provided, however, that the foilowing uses may be conducted outdoors if specifically allowed as a permitted use or speciaf condition usa: Off-street parking, off- street loading or oufdoor businesses and outdoor businesses with outdoor storage. (Ord. No. 17524, §§ 16, 1-6-88; C.F. No. 92-1479, §§ 6, 12-15-92) OFFlCE OF UCENSE, INSPECTIONS AND �� _ ENVIRONMENfAL PROTECTION ROb�t i(cssla. Gra7w CITY OF SAIN� PAUL Nortn Coleman, Mayor LOV✓RY PROFESSlONAL Bt/iLD1NG 7eiedwnc (s5�1 zss.+oso S�de 340 Facsirn.�e: (65t) 2669PJ9 350 SL P9ferSlrt?et (650J 26G9f24 SavRPaud Minnemb 55f02-1510 { agree to the following canditions being placed on the following license(s): License #: Type of 6usiness: Appiied for by: 20000002049 Auto ReQair Garage FELIPE SAMANIEGO Doing Business As: HlGH TECH AUTO SERVICE at: 943 MARYLAND AVE E ST PAUL MN 55106 Conditions are as follows: 1. Parking 4or customers and employees shalf be in the areas designated in the site plan on file with L1EP. Parking in other areas of the lot is prohibited until a site pian is approved by the Offce of LIEP for any expansion of the parking surface. 2. Only customer and employee vehicles may be parked on the lot. 3. Vehicle salvage is not permitted. 4. Vehicfes, with major body parts removed, vehic(e parts, t+res, ai, or similar items may not be stored outdoors. 5. No repair of vehicfes may occur on the exterior of the 1ot or in the public right-of-way. / v��. � Q:.�c:c.�tv"c`� :"��Gitzi�'ti r�ict � ��CZ.'cIG.S ,$�iC ( �'( �-�:5 ` ` J �f >L c'i b� � C�.�x- ! c� t�l s'(Cr E % n � c t4� r.'_ c�c <. i c_ t( K�. y Licensee Date � d >-� ��yq , � ��,� �: / � �� C, � � / "�> " C_J C% � icense pp ica �f on o e ipe amameg � dlbla 73igh Tech Auto Service — Cify's Exh. No. 6 -' oa-�� 00-6�15 MINUTES OF T�-IE LEGISLATIVE HEARING HIGH TECH AUTO SERVICE - 943 AVENCTE EAST Thursday, J y 13, 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was caIled to order at 11:01 am. STAFF PRESENT: Corinne Asuncion, License Inspections, Environmental Protection (LIEP); Larry Zangs, LIEP; David Weisberg, LIEP Gerry Strathman stated this meeting is being held to heaz objections to the license application for Felipe Samaniego, doing business as High Tech Auto Service, 943 Maryland Avenue East. Lazry Zangs reported LIEP is recommending approval of the license subject to the foliowing conditions: 1} Pazking for customers and empioyees shall be in the areas designated in the site plan on file with the Office of LIEP. Parking in other azeas of the 1ot is prohibited until a site plan is approved by the O�ce of LIEP for any expansion of the parking surface. 2) Only customers and employee vehicles may park on the lot. 3) Vehicle salvage is not permitted. 4) Vehicles with major body parts removed, vehicle parts, tues, oil, or similaz items may not be stored outdoors. 5) No repair of vehicles may occur on the exterior of the lot or in the public right-of-way. Gerry Strathman asked is this a new license and has the owner agreed to these conditions. Mr. Zangs responded ttais is a new license. He has been unable to make contact until today with the owner. However, Mr. Zangs spoke to the associate, and they went through the conditions at the site. Melissa Mazzara, 966 Hawthorne Avenue East, appeazed and stated cars have been parked on Forest Avenue for months at a time. It is impossible to drive from Maryland to Forest. She drives a scfiool bus and cannot drive down Forest. The business has repaired cazs in the alley. They have Chrown gazbage in the ailey. Ms. Mazzara has seen employees urinate on the neighbor's gazage. There is a huge pile of brush, tires, garbage in the back of the business that is eight feet high. She is concemed that mosquitoes may be breeding there. Mr. Strattmzau asked has she called the police about the vetucles. Ms. Mazzara responded that Parking Enforcement has been uncooperative. She calls the Mayor's Complaint O�ce, and the work gets done. It can take months for the vehicles to be removed. Three months is the longest she has seen a vehicle pazked there. This has not occurred since the last time she had something towed, which was a few weeks ago. Mr. Strathman asked are there any vehicles there now. Ms. M�_zara responded there are not. If the owners would comply with the five conditions recommended, she would be happy. ��ense pp �i_ca ion o'fFetape amaniego ■ d/b/a fiigh Tech Auto Service — Ciiy's Exh. No. 7 � o�-R�� O� -�Rg HIGH TECH AUTO SERVICE - 943 MARYLAND AVENUE EAST Page 2 Mr. Strathman stated Ms. Mazzara made reference to an eight foot pile of garbage, and he asked did Mr. Zangs see it yesterday. Mr. Zangs responded he saw a trailer full of wood debris. He contacted the property owner about it, who agreed that it should be removed, but the tenant is suppose to get rid of i� Mr. Zangs toid the owner that he is responsible for the activities of his tenants on this properry, and that Mr. Zangs would have a frank discussion with the tenant regarding this. If the license is issued with these condifions, LIEP will enforce them. If there is no compliance, LIEP wili start adverse action against the license. Mr. Strathman stated Ms. Mazzara's letter refers to the grass being 18 inches high. Mr. Zangs responded that the owner hired someone to cut the grass. Mr. Zangs reviewed the lease and according to his interpretation of it, the tenant is responsible for mowing the grass. It has been cut. Ms. Mazzaza stated the grass is growing again. Right behind the building there is an eight foot pile of brush, tires, boazds. Ivlr. Zangs responded he received notice from Housing that there are autstanding orders on this properiy. �•�r �a��, � ��= us LismcL � rtamm� C;ouncil, appeazed and stated in A ril, the �planning council sent a letter to the City recommending that they purchase the site demolish the building ana aeveiop no ising ther.e. At its May meehng, the plamm�g councii recommended the City deny this license. PED (Plazuung and Economic Development) is in negatiations with Mrs. Federoski (phonetic) to purchase the property and demolish it. Mr. Ogren feels it would b_e counterpzoductive to grant an licenses. Someone has been operating a business out of the oca ion up unti the planning council's June board meeting. There aze approximately I S cars on this site right now and there may have been up to 25 cats. It is more like a junkyard. This has been going on for several years. This is a visible location on Maryland Avenue. It pro}ects the wrong image of the East Side, which is something they are trying to change. Council President Dan Bostrom is in support of the City purchasing the properry and it is going forward according to his conversation with Mr. Bostrom on Saturday. Mr. Strathxnar. asked has he seen the conditions proposed for this license. Mr. Ogren responded he has not seen them, but he heazd what Ivf.r. Zangs said. Mr. Ogren has heazd the same conditions before. It will solve nothing on the East Side. ` Even with those conditions, asked Mr. Strathman, you still maintain your objections to the license. Mr. Ogren responded absolutely. The planning council wants to see tlus building demolished and the site redeveloped. It is counterproductive to issue a license because it may impair the City's ability to gain control of the properiy. The question is what ability does the City have to cancel the license, demolish the building, and develop it. Mr. Strathman stated he is hearing people testify that this business has been operating for rivo to three yeazs. Mr. Zangs responded one of the problem with the site is the transient tenants. Over oo�9y� �+-� FIIGH T`ECH AUTO SERVICE - 943 MARYI,AND AVENiJE EAST Page 3 the last couple of years, tenants have started businesses, they aze told to get licenses, and by the tune it gets fo the final end of processing the licenses, the tenants aze gone. Mr. Sfrathman asked how long the cutrent applicant has been operating a business here. Mr. Zangs responded the applicant received a notice in January of this year to apply for a license; it has been at least that long. Felipe Samaniego, applicant, appeazed and stated he did not know this site had a lot of problems in the past. He can comply with the conditions. He can move all the cars and clean the property. He talked to the owner about painting it because he is a painting contractor. Mr. Strathman asked how long he has been there. Mr. Samaniego responded he has not been working there. He just applied for the license. Ais partner has his tools there and goes there periodically. Mr. Strathman asked is he operating a repair business there right now. Mr. Samaniego responded no. He has been closed since he applied for the license. Sometimes it is open because his partner is cieaning his tools and taking tools out of there. Mr. Samaniego has his own business. As soon as he gets his license, he will start working at 943 Maryland. Is that what fias been observed, asked Mr. Strathman. Mr. Zangs responded he observed someone working on a white Chrysler inside the building yesterday. The hood was up, and this person had to clean his hands because he had been working. Ms. Mazzara responded that last week there was no business going on there, but this week it started up again. Mr. Strathman asked would he agree to the conditions proposed here. Mr. Samaniego responded in the affirmative. Mr. Zangs stated he would like an additional condition about no vehicies pazked in the alley because there is always a problem about the ownership of cazs there. Mr. Samaniego stated that condition would be olcay. Ms. Ma2zaza stated the City buying the property interests her, but she realizes that people have to make a living. Well run businesses are okay, too. Mr. Sirattunan stated if there was a history of this owner flagzantly disregazding the rules of the City, it would seem there would be a basis for not approving the license. Mr. Ogren stated he thought Mr. Zangs indicated that the applicant has been doing business since 7anuary. They were doing business there without a license as of yesterday according to Mr. Zangs. They were dning business even though they were scheduled for a legisIative hearing today and even though they appeazed before the District 5 Pianning Council. Mr. Ogren would ca11 that a callous disregazd for the law, the neighborhood, and the district councii. o� _v�q D O -G`IS HIC:I-I TECH ALTTO SERVICE - 943 MARyLAND AVENi7E EAST Page 4 Mr. Strathman stated it is often the case that businesses start off and there is a long time before they get a license. While what may have happened here is not good, it is not uncommon and not a basis for denying the license. Under the law, Mr. Ogren asked, isn't the business suppose to have a license before they conduct business. They aze, responded Mr. Strathman, but as a matter of practice, many people do not know they aze suppose to have a license or they apply for a license and it takes months for it to be approved. As a practicai matter, if that would be a basis for denying licenses, a lot of licenses would be denied and a lot of havoc would be created in the City. That fact alone is not enough to deny a license. Mr. Strathman does not feel this appiicant can be held responsible for all the bad things that have happened previously. Mr. Strathman asked is it coaect that people operate without a license during the license application process. Mr. Zangs responded it is a practice that goes on: There are circumstances where it happens a lot. Gerry Strathman recommended approval of the license with the six conditions that the applicant has agreed to, which aze listed below. This will be on the City Councii agenda for July 26, 2000. i) Parking for customers and employees shali be in the azeas designated in the site plan on file with the Office of LIEP. Pazking in other areas of the lot is prohibited until a site plan is approved by the Office of LIEP for any expansion of the pazking surface. 2) Only customers and empioyee vehicles may pazk on the lot. 3) Vehicle salvage is not permitted. 4. Vehicles with major body parts removed, vehicle parts, tires, oil, or similar items may not be stored outdoors. 5) No repair of vehicles may occur on the exterior of the lot or in the public right-of-way. 6) Vehicles awaiting repair and employees vehicles shall not be parked or stored in the adjacent alley. The meeting was adjourned at 1125 a.m. � (Note: These six conditions have been signed by the applicant.) 04/20/O1 01:08 FA% a,�'�.� _�_ w�� D I S T R ! C T P I V E P L A N N 1 N G P:t{pu - Plrrdr n To: Geay Strathmaa Corinae Astmcion Fmm: Bnue Sylvestsr, Dishict Five Planuing Council �i� Date: Re_ lune 28"', 2000 License Apglicati.on far 443 Maryland C�ij 02 d � g�q C O U N C Our organizatioa reviewed the requested Auto Repair Gazage Licease for the husiness located ai 943 Marylaad at a community meering on June 15'�. The &cense applicant joined tkris meeting. Conceins fzom neighbors weze numerous, and inciuded: • The horrible condi$on of the building and lot, • The excessive number af veIiicles which often seem to be permaneat Sxhues on the lot and the adjaining s�eet, • Cancems ahout auto-xepaic work being perfarmed illegally ia the alley and late into the nig�t, and • The existence of undergound gasoline tanlss, ' Due to these aad other concems o� oipanization voted to opnose the iequested auto reoaff earage license at tl�is address. The property and busiaess located at 943 Maryland is a detriment to our community. The business is poorly maoaged. We stroagly encoucage tl�at the City Depaxtinent of Inspections investigate the property and tag the property owner for code violations. If a license must be granted, we sincerely hope the City will impase coaditioas upon the lic�se that addcess our concerns as liated above. if youhave questions or aesd more information aboui or cancems or requesY, please call me at 774-5234. Cc: Dan Bosh�om SUN-28-2900 17�31 1014 Payne Avenue Saint Paul, Minnesota 5 Tel# 77a-5234 Faxx 774� lcense pg ica ion o e ipe amaniego • d/b/a Hiah Tech Auto Service Ci�y's Exh. No. "L — �:-= GERRY STR?.THMAN Dirccor CITY OF SAINT PAtiL Corinne Asuncion 0 � _�� LIEP 300 Lowry Professional Building COUNCIL IvVESTIGATION AND RESEARCA CEVTER NOTICE OF LEGISLATIVE HEARING Felipe Samaniego, Owner High Tech Auto Service 274 Annapolis Street East West Saint Paul, Minnesota 55118 Mz. Samaniego: Objections have been raised to the issuance of your Auto Repair Csazage License at 943 Maryland Avenue East. You are invited to attend and participate in a hearing before the Legislative Hearing Officer regazding these objections. The Legislarive Aeariug will be heid on: DATE: TTiVME: PLACE: Thursday, 7uly 13, 2000 11:00 a.m. Saint PauI City HalllRamsey Counry Courthouse Third Floor, Room i#330, Committee Hearing Room 15 West Kellogg Bivd Saint Paul, Minnesota 55102 At this hearing, the Legislative Hearing Officer wiil take testunony from all interested persons. At the end of this hearing, he will make a recommendation as to whether this license should be approved, approved with conditions, or referred to an Administrative Law Judge. The Ciry Council will have the final authority to grant or deny this license. c: Council President Dan Bostrom Complainants Payne Phalen Dishict 5 Planning Council Payne Arcade Business Association East Side Neighborhood Dev. Ca. Virginia Palmer, City Attorney's Offica LIEP Staff Norice Mailed: 7/6/2000 CITY HALL SUI7E 310 SAINT PAUL, MIi� Icense p ica .ion o e ipe ama� m� � dlb/a Hiah Tech Auto Service '�" Ci�y's Exh.1\TO. 3 � PnncM on Rmcled Paxr H t RECEfPT FOR APPLICATION Date of Application: May 0'I, 2000 Received From: 20000002649 FELIPE SAMANIEGO HIGH TECH AU70 SERVICE 943 MARYLAND AVE E ST PAUL MN 55106 �n appfication for: Auto Repair Garage (1 ) Eff Date: JuV 0'I, 2000 - Exp Date: Jul 01, 2901 Lic Fee: Total Due on this application $317.00 Other Fees Owed 50.00 Account Total Amount Due 5317.00 Amount Paid $317.00 Date Received May 0�, 2000 Outstanding Account Salanca Due SO.oO CiTY OF SAWT PAUL � �� OFFICE OF LICENSE, INSPECTIONS AND ETMRONMBJTAL PROTEC710N 350SG PetaSL StriB300 SainlPaW, 4fiN�esab 55102 (65�f 266-9CF70 7a.t (65l) 2fi6-9124 5357.00 Amount Paid: $317.00 Contacts: Project Pacilitator: MARTENS, CORINNE (651) 26fi9106 Inspedor(s): SCHWEWLER, KRIS7INA (KRIS) License {651) 266-91'10 ZANGS, LAWRENCE (LARRI� Zoning (651) 266-9083 WINGS, SHERRY Conditions: Requirements: 30 Days Notifiption Fire tnspection - Shesry Wings 228-G235 Lease Agreement, Purchase Agreement, or Proof of Ovmership NotiSption lettere to neighbors/organizatiQns �� C` ; t Notify Disirict and City Councils t� i s'1= J� 5 �l Project Faa Note: Response date for objections eupired Record Check Site Plan Zoning inspection �`� �� '� 3 � N� NoT�Y: 3� �eo MAII.ED: CONTACT PH��: LIQUOR: This is not a License to op��■ icense pp_i�cahon o e ipe amamego d/b/a Hia Tech Auto Service _ Page t of 1 � Ciiy'5 EXIt. NO. 1 �O �O �� Y� CLASS N LICENSE APPLICATION �7iTHIS APPLICATION IS ST.JBJECI' TO REVIEW BY TEIE PLTBLIC YLEASE TYPE OR PRINT L�I INK LICENSES ARE �TOT TRANSFERABLE PAY'YIENT 1NST BE RECEIVED WITH EaCH APPLICATIO;V Type of License(s) bein� applied for. Pro'ected date of o enin : "� �� `�' J P B �s,t`°��' ` �s�;�w�°- "� CompanyName �K ��{±��^��:''�� / Partnership / Sole Propnetorship If business is incoro�rated, �ive 3ate of incorporation: BusinessName(DBA). '� "'�'^ �'' '��.:�� Business Address (business location): ��„ dg. :.;� CI'TY OF SAIlVT PAUL Office of Licrnse, Inspectipns and Envimnmenial Pmtection 3N1 Sc PecSL S�ure300 c Paul. Knnaom 551�2 (65l) 3569090 Eaz (fi5i) 2b6.91bt � 3t7.bo BusinessPhone:(��k}'-� ,,,��g�— Sheet (#, Name, Type, Direction) � Ciry �� State Zip+q Beriveen whzt cross streets is the business located? � Which side of the street? Are the premises now occupied? �_ What Type of Business? � U T� t2�DOi � V� Mail To Address (if different than business address): �� {�nnCl�O/i 5 Sj f f1S�" t7�2S� S� I�ci 0� �'/I� �/� � Street (#, Name, 7ype, Directionj Ciry Scate Zip+4 Applican[ Infon Name and Title: - . °-,..,',:�; . _. . .-, . �� Home Address: ' '1'4�' n ✓Y� -(3f} (i�' ' �, ' =�,C`tS=��"� � x,�� c`' ��,r ��' � + ��:`� �'�Fl � Street (X, Name, Type, Dimction) City State Zip+4 Date of Sirth: �=� �`1 �`.'�•'O'' :' P1ace of Birth: t�:��`:� e t� '- Home Phone: CE "zf, s .l .�' Have yon ever been convicted of any felony, crime or violafion of any city ordinance other than traffic? YES NO !� DaTe of azrest: V Charge: _ Conviction: Sentence: List licenses which you cunently hold, fortnerly held, or may have an interest in: Have any of the above named licenses ever been regoked? Are you �oing to operate this business personally? X YES � NO If yes, list the dates and reasons for revocation: NO If not, who wil] operate it? Fiist Name Middle Snitial (Maidrn) Last Date of Birth Home Address. Shee[ (#, Name, Type, Dvectwn) C�ry Staee Zip+4 ( phone Number Are you going to have a mana�er or assistant in this business? YES X NO If the manager is not the same as the operator, please complete the fotiowin� infocmation: First Name Middle Inipal (Maiden) Lasi Date of Bitth Home Address. Strzet (1l, Name, 7ypz, Dvect�on) C�ry S[att Zip+d ( Fhone Numbzr Where? YES mn Fi�nnn Please IisY your e�loyment history for the previous five (5) year period: Business/Emolovment Address po-`t�t`l If business is a pamiership, please include the following information for each parmer (use additional pages if necessary): First Mdme Middle Initiat (Maiden) Las[ Da[e of Bir[h Saeet (#, Name, Type, Direction) City Sta[e Zipr4 Phone First Name Middle Initia( (Ma�den) (.ast Date of BirtF � � Home Address: Stteet (#, Name, 7ype, Direction) Ciry State Zip+q Phone Number MINNESOTA TAX IDENTIFICATIONNLJMBER- Pursuantto the Laws ofMinnesota, 1984, Chapter502, Article 8, 5ecrion 2(270.72) (Tax Clearance; Issuance of Licenses), licensing authorities are required to provide to the State ofMinnesota Commissionez of Revenue, the Minnesota business tax identification number and the social securiry number of each license applicant. • Under the Minnesota Government Data PracTices Act and the Federal Privacy Aci of 1974, we are required to advise you of the following regarding the use of the Minnesota Tax Identification Number: - This information maybe used to deny the issuance or renewal of your license in the eveni you owe Minnesota sales, employer's withholding or motot vehicle excise taxes; -Uponreceiving this infocmation, the licensing authority will supply it oniy to theMinnesota Department ofRevenue. However, under the Federal Exchange of Information Agreement, the Deparhnen[ of Revenue may supply this information to the Internal Revenue Service. Minnesota Tax Identification Numbers (Sales & Use Tax Number) may be obtained from the State of Minnesota, Business Records Degartment, 600 Robert Sheet North, Saint Paul, i�IN (651-296-6181). Minnesota Tax Identification Number: �� li� � Q If a Minnesota Tax Identification Number is not required for the business being operated, indic>te so by placing an "X" in the box. CERTIFICATION OF WORKERS' COMPENSATION COV"ERAGE PURSi3A�3T TO NSINNESOTA STATUTE 176.182 I hereby certify that I, ot my company, am in compliance with the wockers' compensation insurance cocerage requirements of Minnesota Statute t76.182, subdivision 2. I also undecstand that pcovision oF false informarion in this certification constitutes sufficient gzounds for adverse acrion against all licenses hel� including revoc�tion acd suspension of said licenses. NameofInsuranceCompany: ��j � Art�i� -°` =�'..YE-�(��_`"°� Policy Number = '' Coverage &om �� _:� I have no employees covezed under workers' compensation insurance =' .� (INITIALS) t0� � - OZ/ t fi/2000 Lut all other officezs of the corporation: OFFICER TITLE HO� HOME BtiSII�IESS DATE OF N.Si� (Office Held) ADDRESS PHONE PHONE BIRTH Ai�Tl' FALSIF'ICATION OF ��TSWERS GIVEN OR .VIATERIAL SUB:YIITTED 0�—`7 �lq WILL RESULT 1�Y DENIAL OF THIS APPLICATION I hereby shte that I ltave answered all of the preceding quesrions, and that the information contained herein is hue and correct to the best ofmy lmowledge and belief. I hereby szate further thaT I have received no money or othez coasideratioa, by way of loan, gi8, conmbutioq or otherwise, other than already disclosed in the application which I herewith submitted. I also understand this premise may be inspecte3 by police, fire, health and otfier city officials at any and all times when the business is in operadon Preferred methods of communication from this office (please rank in order of preference -"1" is most prefesed): bsi ( Phone Number with azea code: ( (� � ) �i3 —1 �G � �l ' S`)2 • �s7 i � Extension (Circle the type of pfione number you have listed above: Business Hom� Ce Fax Pager ` Phone Number wiih azea code: ( ) Extension (Circle the rype of phone number you fiave listed above: Business Home Cell Fax Pager P�Iail: Internet: Street (#, Name, Type, Directio») C�ry Sta[e Zip+4 E-Mail Address We will accept payment by cash, check (made payable to City of Saint Paul) or credit card (MasterCard or Visa). IFPAYING BY CREDIT CARD PLEASE COMPLETE THE POLLOYYING INFORNfAT10N: � MasterCaxd � V isa EXPIRATION DATE: ACCOUNT NUMBER: ❑�i�❑ ❑C]Cl❑ ❑C�C7❑ ❑f�I�❑ ❑L7�❑ ot c�a ror all Date **Note: If this application is FoodlLiquor related, please contact a Ciry of Saint Paul Heatth Inspector, Steve Olson (266-9139), to review plans. If any substanrial changes to shvcture are anticipated, please contact a City of Saint Paul Plan Examiner at 266-9007 to apply for building permits. If there aze any changes to the parking lot, floor space, or for new operations, please contact a City of Saint Paul Zoning Inspector at 266-9008. n�n Fiznoo SPECIFIC LICENSE APPLICATION5 REQUIRE ADDITIONAL INFORMATION. PLEASE SEE REVERSE FOR DETAILS >>>> , 1" ; =� � � � Ct � �.� � � �� J ` , V � � �. � S= � � � � , � � � �� ` � � `. - - � �., � . '- � � ��- � `� 1 0. � \ J 1 ��"--�- \ `J t yU � �i N ti .� � � � ` y � � �� ',� � � � � , � y -.; � �. ��. �r� �� v\ �; . , �, ��( �► `- � —� `--�- - ' - - - - - - - � ; � , � � �� . . s z _ > ^ � ,, , ; �. ., t. , .- "'- � ,� : �� c �� v �� Z 7 � ��1 ' � � �� -. l �x�? :\ a � � L \ � � -a . -+. � �� ----- - �--- - -� � - - - - - ,,, � - - t ____---y , � -c b. � e , � `-- 7 �5�7 -. � ,� Op �`{�{.°, _� c o`� �� a.; ir �� , �� r� - � �� ; � S o i � - i � � ; � 1 ' N X � . � �<� � � � W � ''� � � �� ,�� .' \ I� � \ �� ,� � \ � \ ,� J_� \` ` � � rv �� \ . �; � � - -- � � / �! ♦ � � �� T , �� -� c��.� �� STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Min�esota 554�1-2138 September 11, 2000 Fred Owusu City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, MN 55102 RE: In Re the License Application of Felipe Samaniego, d/b/a High Tech Auto Service; OAH Docket No. 12-2111-13124-3 Dear Mr. Owusu: �O- 9�q Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions of Law and Recommendation in the above-entitled matter. Afso enclosed is the official record, with the exception of the tape recording of the hearing which will be sent to under separate cover. Our file in this matter is now being ciosed. Sincerely, � J�V � �I STEVE M. MIHALCHICK Administrative Law Judge SMM:aws Enclosures cc: Virginia D. Palmer Fe{ipe Samaniego R£CEIVED �� 2 2��0 ClTY CLERK Providing Impartial Hearings for Government and Citizens A� Equaf Opportunity Employer Administrative Law Section & Administrative Services (612) 34�-7600 �TTY No. (612) 341-7346� Fax No. (612) 349-2665 � ��,�� STATE OF MINNESOTA) ) ss COUNTY OF HENNEPlN) AFFlDAVIT OF SERVlCE BY U.S. MAIL Debra S. Aws, being first duly sworn, hereby deposes and says that on the 11 day of September, 2000, at the City of Minneapolis, county and state aforementioned, she served the attached Findings of Fact, Conclusions and Recommendation; Docket No. 12-2111-13124-3 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed to the individuals named herein. Fred Owusu City Clerk 170 City Half 15 West Kellogg Boulevard St. Paul, MN 55102 Felipe Samaniego 274 Annapofis Street E. West St. Paul, MN 55118 Virginia D. Palmer Assistant City Attorney� 400 City Hall 15 West Kellogg Blvd St. Paul, MN 55102 ��3 - `-�`��' Debra S. Aws Subscribed and swom to before me this 11th day of September 2000. LaVON AEGAN aernnr Pueuc - rmrn+ESOrA MY COMMISSION EXPlRES JAMUARY 3t.2005 ob�� 12-2111-13124-3 STATE OF MINNESOTA OFFICE OF ADMIN4STRATIVE HEARINGS FOR THE COUNCIL OF THE CiTY OF ST. PAUL In Re the License Application of Felipe Samaniego, d/b/a High Tech Auto Service FINDINGS OF FACT, CONCLUSIONS, AND RECOMMENDATION This matter was heard by Administrative Law Judge Steve M. Mihalchick on September 7, 2000, at 9:30 a.m, in Room 42 of St. Paul City Hall. The record was closed upon adjournment of the hearing that day. Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Blvd, St. Paul, MN 55102, appeared on behalf of the St. Paul O�ce of License, Inspections, and Environmental Protection (LIEP). Felipe Samaniego, 274 Annapolis St. E, West St. Paul, MN, 55118, appeared on his own behalf. There were no other appearances at any time up to 10:00 a.m. STATEMENT OF iSSUES Whether Mr. Samaniego's license application to operate an auto repair garage at 943 Maryland Ave should be approved and what conditions should be imposed. NOTICE This Report contains a recommendation, not a final decision. The Saint Paul City Council will make the final decision after reviewing the record and may adopt, reject or modify the Findings ofi Fact, Conclusions and Recommendation contained herein. Pursuant to Section 310.05 of the Saint Paul Legislative Code, the City Council's final decision shall not be made until this Report has been made available to the parties to the proceeding and the Licensee has been provided an opportunity to present oral or written arguments aNeging error on the part of the Administrative Law dudge in the application of the law or the interpretation of the facts and an opportunity to present argument relating to any recommended adverse action. Any interested parties shouid contact the Saint Paul City Council, 310 City Hall, Saint Paul, Minnesota 55102, to ascertain the procedure for presenting argument to the Council. Based upon the record herein, the Administrative Law Judge makes the following: �o'�'�� FINDINGS OF FACT 1. On May 1, 2000, Mr. Samaniego submitted an application to operate an auto repair garage known as High Tech Auto Service at 943 Maryland Ave E, St. Paul, MN.' 2. In a letter of June 28, 2000, Bruce Sylvester, District Five Planning Gouncil reported that they had several concerns and had voted to oppose the application. In the alternat+ve, they requested that if the license were granted, that conditions be imposed to address their concerns. Those concems were the condition of the building and lot, excessive vehicles on the lot and street for extended periods, repair work in the alley and late into the night, and the existence of underground storage tanks? 3. A Legislative Hearing was held before Legislative Hearing O�cer Gerry Strathman on July 13, 2000. At that time, LIEP recommended approvaf of the license, subject to Frve conditions: a. Parking for customers and employees onty in areas designated on the filed site pian. b. Only customer and employees vehicles may be parked on the lot. c. Vehicle salvage not permitted. d. Vehicies with major body parts removed, parts, tires, oil, and similar items may not be stored outdoors. e. No repair on the exterior of the lot or in the pubiic right-of-way. During the course of the Legislative Hearing, a sixth condition was added: f. Vehicles awaiting repair and employees' vehicles shall not be parked or stored in the adjacent alley. Mr. Samaniego agreed to all these conditions during the Legisfative Hearing and the Legisiative Hearing Officer recommended approvai of the license, subject to the six conditions. 4. Mr. Samaniego signed an agreement to the six conditions being placed upon his license, and the conditions were incorporated into a July 13, 2000, letter to him from LIEP.' ' Ex. 1. 2 Ex. 2. ' Ex. 3. ° Ex. 4. 5 Ex. 7. 6 Ex. 6. ' Ex. 5. , ��`l I 5. On July 26, 2000, the City Council referred this matter to the Office of Adminisfrative Hearings for an Administrative Law Jud�qe Hearing for the purpose of allowing additional public comment on the application. The Notice of Hearing was issued August 10, 2000, setting the hearing for September 7, 2000, at 9:30 a.m., in Room 42 of City Hall. A copy of the notice was sent to the District Five Planning Council 9 6. At the hearing on September 7, 2000, LIEP continued to recommend issuance of the license subject to the six conditions. Mr. Samaniego continued to agree to those conditions. 7. No one appeared to oppose or comment on the application. Mr. Samaniego suggested that one reason for that might be that he has begun cleaning up the site and addressing some of the listed conditions and the other concerns expressed by the neighbors at the District Five meeting and the Legislative Hearing. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the City Council have jurisdiction in this matter pursuant to Minn. Stat. § 14.55. 2. All significant concerns regarding the operation of an auto repair business by Mr. Samaniego at 943 Maryland have been adequatefy addressed by the conditions recommended by LIEP and the Legislative Hearing Officer. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS RESPECTFULLY RECOMMENDED that the City Council order that the license be granted with the conditions recommended by LIEP and the Legislative Hearing Officer. � Dated September 11, 2000 / � c __ - 7'_ �STEVE M. MIHALCHICK Administrative Law Judge Reported: Taped 8 Ex. 8. 9 Ex. 9. � � e r��9 OFFICE OF ADMINISTRATIVE HEARINGS FOR TI3E COUNCIL OF THE CITY OF SAINT PAUL In Re The License Application of Felipe Santauiego, dJbla High Tech Auto Service CITY'S PROPOSED EXHIBITS September 7, 2000 TO: JudgeStevenM.Mihalchick,AdministrativeLawJudge,0£ficeofAdministrativeHearings, 100 Washington Squaze, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a fist of the City's proposed e�ibits for the Administrative Hearing on September 7, 2000. Exhibit No. Exh. No. 1 E�. No. 2 E�. No. 3 E�. No. 4 Exh. No. 5 E�ch. No. 6 E�ch. No. 7 Ea�h. No. 8 E�. No. 9 Aescription License application, received May 1, 2000 (5 pp.); June 28, 2000 letter from Bruce Sylvester to Gerry Strathman (1 p.); Notice of Legislative Hearing, mailed July 6, 2000 (1 p.); License Application Snuunary (I p.); July 13, 2000 letter from Larry Zangs to Felipe Samaniego, dated July 13, 2000 (2 pp.); License conditions, dated July 13, 2000 (1 p.); Minutes Of The Legislative Hearing, Thursday, 7uly 13, 200Q (4 pp.); Acrion Minutes Of The Saint Paul City Councii, Wednesday, July 26, 2000 �� PP•); Notice of Hearing, dated August 10, 2000, with Affidavit of Service (3 pp.}. �W Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legislative Code § 310.06 Respectfuliy submitted this 7th day of September, 2000. �- Virg' � D. Palmer Assistant City Attorney O£fice of The City Attorney 400 City Aall Qp ,q�l9 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 , . , t � CITY OF SA1NT PAUL Norm Coleman, Mayor August 10, 2000 OFFICE�THE CITY ATTORNEY �¢��' (.� Claytox M. inson, Jc, Ciry Attorney U Civil Division 400CiryHa11 Telephane:651266-8710 ISWesiKelloggBlv�1. Facsimile:651298-�679 Saini Paul, Minnuot¢ SS102 NOTICE OR AEARING Felipe Samaniego High Tech Auto Services 943 Maryland Avenue East Saint Paul, Minnesota 55106 RE: Application for an auto repair license by Felipe Samanaego, d!b(a High Tech Auto Services, for the premises at 943 Maryland Avenue East Dear Mr. Samaniego: Please take notice that a hearing will be held concerning your application for an auto repair garage license for the premises at 943 Nlaryland Avenue East in Saint Paul. The hearing will be held at the following date, time and piace: Date: Time: Place: September 7, 2000 9:30 a.m. Room d2, City HalUCourthouse 15 W. Kellogg Boulevard Saint Paul, MN 55102 The hearing examiner will be an Adrninistrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Telephone: Steven M. Mihalchick Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN 55401-2138 (612)349-2544 The Council of the City of Saint Paul has refened the question of whether to deny your license appiicarion for a hearing in accordance with the procedures of Saint Paul Legislative Code §§310.05 and 310.06. Under those provisions, you are entitled to notice and an opportunity to be heard. ■ icense pp��ca ion o�e ►pe amamego ■ d/b!a High Tech Auto Service — Cify's Exh. No. 9 -', � Page 2 Felipe Slmaniego August 10, 2000 • � op ,a� The recommendation which the Director of the Office of License, Inspections and Environmental Protection will present to the Administrative Law Judge is that the license should be approved with conditions. The conditions being recommended are those conditions which you have reviewed and agreed to by signature dated July 13, 2000. However, the Administrative Law Judge is permitted to hear "other interested persons" and to giva them an opporiunity to present testimony and otherwise participate in such a hearing. It is anticipated that one or more such "interested persons" will participate in the hearing, and may wish to intervene. The Administrative Law Judge may require such person or persons to provide written notice of the grounds upon which denial of your license application is urged, and the factual basis for such grounds. Motions may be made to determine the issue of intervention and notice of the grounds in advance of the hearing. You have the right to be represented by an attorney before and during the hearing if you so choose, or you can represent yoursel£ You may also have another person of your choice to represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted by an Administrative Law Judge, who will outline the procedures for the hearing and consider any motions which the parties or interested persons may present. Testimony is presented under oath, and the witnesses are subject to cross-examination. The hearings are tape-recorded by the Administrative Law Judge. Concluding arguments may be made orally or in writing, as agreed to by the parties and the Judge. Following the hearing, the Judge will prepare Findings of Fact, �onclusions of Law, and a specific recommendation for action to be taken by the City Council. The City Council is the ultimate decision-maker. You should bring with you to the hearing any documents, records, witnesses or other evidence that you will or may need to support your position. Subpoenas may be available to compel the attendance of wimesses or the production of documents in confortnity with Minnesota Rules. Please feel free to contact me if you have any questions about this letter. Sincerely, �/ �� .� Virgini D. Palmer Assistant City Attorney cc: LaVon Regan, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Bruce Sylvester, Community Organizer, Payne Phalen District 5 Planning Councii, 1014 Payne Ave., St. Paul, MN 55101 . -� `. � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY � AFFIDAVIT OF SERVICE BY MAIL � � �; JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on August 10, 2000, she served the attached NOTICE OF HEARING upon the following named person placing a true and correct copy thereof in an envelope addressed as follows: Felipe Samaniego High Tech Auto Services 943 Maryland Avenue E. St. Paul, MN. 55106 (which is the last known address of same, with postage prepaid, in the Minnesota. Subscribed and sworn to before me this lOth da.v��f Axra�st./�000. Notary PETER P. PANGBORN 1bTARY WBLIC-MINNESOtA MY CAMMISSION EXPIRES JAM. 31, 26mb said person) and depositing the �, _ y r CITY OF SAINT PAUL R E C� f V c D OFFICE OF THE CITY ATTORNEY O D� 6� Claytnn M. Robinson, Jr., Ciry Atmmey Civil Division Norm Colemars, Mayor � �(. � 400 CiryHall Telephone: 65/ 266-8770 ',1J ^` �V �� P�I Z' t 6 15 WuiKeifogqBlvd. Facsimile: b57 298-56t9 _ .�- y � ; � Saint Paul, Minrsuo[a J5102 , .;',`� ;; ^ Krcji = , �� k,tii:`�l7 August 10, 2000 NOTICE OF HEARING Felipe Samaniego High Tech Auto Services 943 Maryland Avenue East Saint Paul, Minnesota 55106 RE: Application for an auto repair license by Felipe Samaniego, d/b/a High Tech Auto Services, for the premises at 943 Maryland Avenue East Dear Mr. Samaniego: Please take notice that a hearing will be held concerning your application for an auto repair gazage license for the premises at 943 Maryland Avenue East in Saint Paui. The hearing will be held at the following date, time and place: Date: Time: Place: September 7, 2000 9:30 a.m. Room 42, City AalllCourthouse 15 W. Kellogg Boulevard Saint Paul, MN 55102 The hearing examiner will be an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Telephone: Steven M. Mihalchick Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN 55401-2138 (612)349-2544 The Council of the City of Saint Paul has referred the question of whether to deny your license application for a hearing in accordance with the procedures of Saint Paul Legislative Code §§310.05 and 310.06. Under those provisions, you are entitled to notice and an opportunity to be heard. Page 2 Felipe Samaniego Au�ust 10, 2000 a �,��a The recommendation which the Director of the Office of License, Inspections and Environmental Protection will present to the Admuustrative Law Judge is that the license shouid be approved with conditions. The conditions being recommended are those conditions which you have reviewed and agreed to by signature dated July 13, 20Q0. However, the Administrative Law Judge is permitted to hear "other interested persons" and to give them an opportunity to present testimony and otherwise participate in such a hearing. It is anticipated that one or more such "interested persons" will participate in the hearing, and may wish to intervene. The Administrative Law 7udge may require such person or persons to provide written notice of the grounds upon which denial of your license application is urged, and the factual basis for such grounds. Motions may be made to determine the issue of intervention and notice of the grounds in advance of the hearing. You have the right to be represented by an attomey before and during the hearing if you so choose, or you can represent yourself. You may also have another person of your choice to represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted by an Administrative Law Judge, who will outline the procedures for the hearing and consider any motions which the parties or interested persons may present. Testimony is presented under oath, and the witnesses aze subject to cross-examination. The hearings aze tape-recorded by the Administrative Law Judge. Concluding arguments may be made orally or in writing, as agreed to by the parties and the Judge. Following the hearing, the Judge wiil prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. The City Council is the ultimate decision-maker. You should bring with you to the hearing any documents, records, wimesses or other evidence that you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules. Please feel free to contact me if you have any questions about this letter. Sincerely, � � �--� Virginia r Assistant City Attorney cc: LaVon Regan, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Councii Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Bruce Sylvester, Community Organizer, Payne Phalen District 5 Plannin� Council, 1014 Payne Ave., St. Paul, MN 55101 � � � CITY � � s o ' � a t [��ii3il ro � �I�fl � i A a eti �� Ig54 � �� i ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, July 2fi, 2000 - 3:30 - 5:00 p.m. PUBLIC HEARINGS - 5:30 - 6:30 p.m. CITY COUNCIL GHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Nancy Anderson, Assistant Secretary to the Council Mary Erickson, Clerical Support - 651-266-8565 Office of the City Council Present - 5- Blakey, Bostrom, Harris, Lantry, Reiter Absent - 2- Benanav (Exc�sed), Coleman (arrived after roll call) CONSENT AGENAA (Items 1 - 23) NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. FOR ACTTON Approval of Minutes of June 28, 2000. Adopted Yeas - 6 Nays - 0 2. Claims of Cazol Anderson and Dane/Leigh Jorento. Referred to the Employee/Risk Management Office Petition in condemnation and motion for transfer of title and possession and notice of hearing (411 Sherburne Avenue) in the matter of the Housing and Redevelopment Authority of the City of Saint Paul vs. the City of Saint Paul, et al. � icense pp�ca io o�e ipe amamego � d/b/a High Tech Auto Service i City's Exh. No. 8 —' � �9 July 26, 2000, City Council Action Minutes Page 2 4. Letter from the City Attorney's Office announcing a public hearing before an Administrative Law 7udge on August 17, 2000, at 930 a.m., Room 42, Saint Paul City Hall-Court House concerning the application for a taYicab driver's license for Willie B. Jones, Jr. 5. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on August 9, 2000, to consider the appeal of Douglas Berends to a decision of the Planning Commission denyin� a request for a speciai condition use permit to allaw for a used car sales lot on the property at 1170 Arcade Street (southeast corner of Rose Avenue and Arcade Street). Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on August 9, 2000, to consider the appeal of Motorscope/Dean C. Johnson of a Planning Commission decision attaching conditions to a Special Condition Use Permit ailowing reconstruction of an auto specialty store at 360 South Snelling Avenue. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on August 9, 2000, to consider the application of the Episcopal Church Home to rezone properry from P-1 and B-3 to RM-2 to allow for the expansion of a retarement community at the southwest corner of University and Fairview Avenues. 8. Administrative Order: D001896 Amending the Community Development Block Grant budget, Department of Planning and Economic Development, in the amount of $49,850 for the Dunning Recreation Center Project. D001897 Amending the 1994 Community Development Block Grant budget, Division of Parks and Recreation, in the amount of $9,072.83 for final payment to IvI�iDOT on the B.N. (Bruce Vento) Regional Trail construction. Noted as on file in the City Clerk's Office 9. Resolution - 00-670 - Suspending all licenses held by Dinner Club 2000, Inc., 1177 Clarence Street, far failure to pay delinquent license fees. Withdrawn Yeas - 6 Nays - 0 �� July 26, 2000, City Council Action Minutes 10. Resolution - 00-671 - Suspending all licenses held by Subway #3475, 1277 University Avenue, for failure to pay delinquent license fees. Adopted Yeas - 6 Nays - 0 Page 3 11. Resolution - 00-672 - Holding Macalester College harmless for the City's use of Macalester's athletic track at 1600 Grand Avenue. Adopted Yeas - 6 Nays - 0 12. Resolutian - 00-673 - Authorizing the Saint Paul Police Department to enter into an agreement with the League of Minnesota Cities and the Upper Midwest Communiry Policing Institute to establish a re�ional community policing institute. Substitute introduced and adopted Yeas - 6 Nays - 0 13. Resolution - 00-674 - Approving the proposed changes to the ByLaws of the Middie Mississippi River Watershed Management Organization. Adopted Yeas - 6, Nays - 0 14. Resolution - 00-675 - Approving application, with conditions, far an Auto Repair Garage License by Felipe Samaniego, dba High Tech Auto Service, 943 Maryland Avenue East. (Legislative Hearing dffcer recommends approval with conditions) Referred to an Administrative Law Judge Hearing Yeas - 6 Nays - 0 15. Resolution - 00-676 - Memorializing City Council action taken May 24, 2040, granting the appeal of Leslie Lucht to a decision of the Board of Zoning Appeals concerning several variances in order to construct a third dwelling unit on the property at 681-683 Van Buren Avenue. Adopted Yeas - 6 Nays - 0 16. Resolution - 00-677 - Approving the purchase agreement for the properCy located at 1691 Hoyt Avenue for the Hoyt-Montana Flood Remediation Project. Adopted Yeas - 6 Nays - 0 17. Resolution - 00-678 - Accepting and thanking individuals and businesses for their donation of gifts to the City of Saint Paul for honoring the Captain and crew of the submarine USS MINNEAPOLIS/ST.PAUL during its centennial celebration. Adopted Yeas - 6 Nays - 0 , �9 op _� July 26, 2000, City Council Action Minutes Page 4 18. Prel'uninary Order - 00-679 - In the matter of the Seventh Place Mall operation and maintenance cests for 2000, and setting date of public hearing for September 6, 2000. (File #18428-00) - Adopted Yeas - 6 Nays - 0 19. Resolution Approving Assessment - 00-680 - In the matter of the Seventh Place Mall operation and maintenance costs for 1999, and setting date of public hearing for September 6, 2000. (File #18428-1999) Adopted Yeas - 6 Nays - 0 20. Resolution Approving Assessment - 00-681 - In the matter of the Wabasha West Streetscape Project, Phase I, areaways and amenities, Part "A" on Fourth and Wabasha Streets and setting date of public hearing for Au�ust 23, 2000. (File #18894A) Adopted Yeas - 6 Nays - 0 � 21. Resolution Approving Assessment - 00-682 - In the matter of approving the assessment far the constniction of a storm sewer connection on Victoria Street as part of the Chatsworth/Hoyt Area RSVP Project and setting date of public hearing for August 23, 2000. (File #18885-CONN) Adopted Yeas - 6 Nays - 0 22. Resolution Approving Assessment - 00-683 - In the matter of grading and paving alleys in the Pascal-Jefferson Project in 1999, and setting date ofpublic hearing for August 23, 2000. (File #18892a,b,c,d) Adopted Yeas - 6 Nays - 0 23. Resolution Approving Assessment - 00-684 - In the matter of summary abatements (properry clean-up) from late May - June, 2000 (J0004A); towing abandoned vehicles from private property during March and April, 2000 (J0003 V and J0004�; demolition of vacant buildings during the months of June and July, 2000 (J0004C), and setting date of Legislative Hearing for September 19, 2000 and City Council Public Hearing far September 27, 2000. Adopted Yeas - 6 Nays - 0 �a�� July 26, 2000, City Council Action Minutes Page 5 FOR DISCI3S5ION 24. Report from the Office of License, Inspections and Environmental Protection on�• their work plan in response to the Council Research "Performance Audit of the City of Saint Paul's Building Permit, Pian Review and Inspection Functions." (Council requested work plan on 7une 28) Laid over to August 2 Yeas - 6 Nays - 0 ORDINANCES 2�. First Reading - 00-63� - An ordivaucc amcuain� Council File 97-1568, an interim ordinance preserving the status quo with respect to advertising si�ns, to permit advertising signs at the new hockey arena. Laid over to August 2 for second reading 26. First Reading - 00-686 - An ordinance amending Saint Paul Legislative Code Chapter b6, Section 66.103.A, pertaining to the definition of advertising signs and adding new language to Section 66.214 to permit and reaulate advertising signs at sports facilities. Laid over to Angust 2 for second reading (Councilmember Blakey requested the City Attorney provide the Council with a written report as to when the billboard moratorium will officially end.) (Coleman was excused from the meeting at this time) PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 27. Third Reading - 00-657 - An ordinance authorizing the Port Authority to issue bonds in the principal amount not to exceed $4,500,000, for the Great Northern Business Center - Phase I, which will produce at least $4,000,000 for project costs and authorizing the Port Authority to pledge the City's general obligation to the full amount of these bonds. Substitute introduced and laid over to August 2 for final adoption �a�� July 26, 2000 City Council Action Minutes Page 6 28. Report of the Administrative Law 7udge (ALJ) concerning the application for Pool and Billiard Hall and related licenses by Thu Dinh Trinh, dba Song Thanh Billiazd, 995 University Avenue West. (Council refened to an ALJ on Apri126, ° 2000) Adopted the Administrative Law Judge's Findings of Fact, Conclusions, and Recommendation (Application approved with conditions) Yeas - 5 Nays - 0 29. Resolution - 00-620 - Amending Council File 00-129 to change the time line for removal or repair of the properiy located at 681 Edmund Avenue from 130 days to within fifteen (15) days from adoption of resolution. (Public Hearing continued from June 28) Withdrawn Yeas - 5 Nays - 0 30. Resolution - 00-633 - Removing No Parking 3AM - 6PM, Friday - Monday, Except by Permit, Area 11 from both sides of St. Albans Street from Thomas Avenue to Lafond Avenue to Blair Avenue (2 blocks). (Public Hearing contimied from June 28) Adopted Yeas - 5 Nays - 0 31. Resolution - 00-687 - Revising No Parking 8AM-8PM, Monday-Friday, Except by Permit, Area 24, to No Parking Except by Permit, Area 24, on the north side of Summit Avenue from Cretin Avenue to Mississippi River Boulevard. Adopted Yeas - 5 Nays - 0 32. Resolution - 00-688 - To consider the application for a sound level variance by Schwietz Saloon, 956 Payne Avenue, to allow live music during the Payne- Arcade Harvest Festiva12000 from 830 p.m. to 1230 a.m. on September 14, 15 and 16, 2000. Adopted as amended Yeas - 5 Nays - 0 33. Finai Order - 00-438 - In the matter of installation of a sanitary sewer and service connections in Ogden Avenue from Point Douglas Road to Winthrop Street, Winthrop Street from Ogden Avenue to Snowshoe Lane, and Snowshoe Lane from Winthrop Street to 160 feet of the west line of McKnight Road. (File # 18928) (Public hearing continued from July 5) Adopted Yeas - 4 Nays - 0(Reiter not present) .. July 26, 2000, City Council Action Minutes �� Page 7 34. Final Order - 00-689 - In the matter of unproving Fourth Street East from Wabasha to Minnesota and Cedar Street from Kellogg Boulevard to Fifth Street -• with concrete curbs, stamped concrete sidewalk, planting new trees, new drainage system, re-install existing globe lighting system, concrete driveway aprons and concrete/brick streets. (File #18906A) Adopted Yeas - 4 Nays - 0(Reiter not present) Sus�ension Items: Resolution - 00-690 - Deciaring that all crew members aboard the USS Minneapolis-Saint Paul are honorary citizens of Minnesota's Capital and inviting them to visit Saint Paul and experience its culture, scenery and the friendly people of our fair city. Adopted Yeas - 6, Nays - 0 Resolution - 00-691 - Granting a sound level variance to Bi4 Daddy's Old Kentucky BBQ on August 4, 2000 from 4:00 p.m. to 12:00 midnight. Adopted Yeas - 6 Nays - 0 CITY OF SAINT PAUL Norm Calem¢rs, Mayor Date: License ID: OFFICE OF L[CEiYSE, INSPECTIONS AND � �/� �� ENVIRONMENI'AL PROTECTION Rober[ Kessier, Direc[or IAWRY PROFHSSIONAL BUII]JING Telephone; 651-266-9090 350ScPeterSlreexSuite300 Facsimile: 6i1d66-9099 SaintPaul. SSIO2-ISIO 651-266-9724 LICENSE APPLICATION SUMMARY Thursday, July 13, 2000 @ 11:00 AM [►�iRilll � � • License Applicant: Felipe Samaniego DBA High Tech Auto Service 943 Maryland Avenue East License Type: Auto Repair Gazage License Conditions: l. Parking for customers and employees shail be in the areas designated in the site plan on file with LIEP. Parldng in other areas of the lot is prohibited until a site pian is approved by the Office of LIEP for any eacpansion of the pazking surface. 2. Only customer and employee vehicles may be pazked on the lot. 3. Vehicle salvage is not permitted. 4. Vehicles, with major body parts removed, vehicle parts, tires, oil, or similar items may not be stored outdoors. 5. No repaiz of vehicles may occur on Che exterior of the lot or in the public right-of-way. Requirements: Zoniug - Approved Fire - Approved License - Approved Pending Adverse Actions: None Current Licensee: LIEP Recommendataion: None Recommend approval LIEP Staff Reoresentative S icense pp ica ion o e ipe amaniego � d/b{a �Hi h Tech Auto Service — Ci�y's Exh. No. 4 — � CITY OF SAINT PAUL Norm Colemmt, Mayor July 13, 2000 Felipe Samaniego 943 Maryland Ave East Saint Paui MN 55106 �� OFFICE OF LiCENSE, INSPECITONS AND E2JVIRONMMENTAL PROTECTION Robe�fKessler, D'necto� IAWRYPROFES570NALBUILDING Telephone:651-266-9090 Suite 300 Fac.rimile: 651-266-9099 350 SL peter Sbeet 65]-266-9724 Sbu Pau{ M"mnesom SSIO2-I SIO RE: 943 Maryland Ave East - Lic. #20000002049 for and auto repair business Mr. Samaniego: This office has recommended approval of your license request subject to several conditions which are listed below. You signed a condition affidavit today agreeing to operate your business in compliance with these restrictions. 2. 3. 4. 5. � Parking for customers and empioyees shail be in the areas designated in the site plan on file with LIEP. Parking in other areas of the lot is prohibited untif a site pfan is approved by the Office of LIEP for any expansion of the parking surface. Only customer and empioyee vehicles may be parked on the lot. Vehicle salvage is not permitted. Vehicles, with major body parts removed, vehicie parts, tires, oil, or similar items may not be stored outdoors. No repair of vehicles may occur on the exterior of the lot or in the public right of-way. Vehicies awaiting repair and employees vehicles shall not be parked or stored in the adjacent ailey. � Failure to compiy with these conditions cou�d be ground for adverse action against your iicense. You are also advised that faiture to abide by any cily ordinance is grounds for this office to take enforcement action against your license. {n particular we ta{k today about vehicles which are on the lot for long periods of time ( in excess of 14 days). You are located '+n a B-3 zoning district. Exterior storage is not permitted (see leg. code 60.543 on reverse side). Further, vehicles that are not used for more than 5 days are considered "storage" pursuant St. Paui leg. code 219 ( see reverse side). The zoning administrator wiil aliow vehicles to remain on site for up to 14 days to allow you time to contact the owner of the vehicle and have them remove it or for you to arrange a towing company to remove the vehicle to an impound lot. As the business operator at this address, You are responsible for managing the number of vehicles on the lot. ff you have any questions, call me at 651/266-9083. Lawrence R. Zangs Zoning Administration e ieense pp ica ion o� e�pe amamego � d/b/a Hi h Tech Auto Service Ci�y's Exh. No. 5 — _ � Sec. 60.219. S. �� Storage. The placement of items such as, but not IimiterS to, the foitowing: merchandise for sale or rent; materials awaiting servicing, processing or manufacturing; finished products of a servicing, processing or manufacturing operation; equipment; portable storage containers but exctuding irash containers or garbage dumpsiers which are accessory to the main use; and automobiles, trucks, automobile trailers, semitrailers, intermoda! cargo containers, or other vehicles not used for more than five (5) davs. Sec. 60.543. Required conditions. The following condifions shal! be required of alt uses in the 63 General Business District: All business, storaae, servicina or orocessina shall be conducted within comoletelv enciosed buildinas. Provided, however, that the foilowing uses may be conducted outdoors if specifically allowed as a pesmitted use or special condition use: Off-street parking, off- street loading or outdoor businesses and outdoor businesses with outdoor storage. (Ord. No. 17524, §§ 16, 1-6-88; C.F. No. 92-1479, §§ 6, 12-15-92) OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Robett Kess�er. ti.edcr CITY OF SAINT PAUL Norm Coleman, Mayor ,V � / , LOWRYPROFESSIONALBUILDlNG 7eiennone.�lss�)2ss9asa Suae300 FarsbmTe: (65112669039 � s� �� s�+ lesa zss.vna Sai�RPau( MLnnesob SSfO&15f0 l agree to the foilowing conditions being piaced on the foilowing {icense(s): License #: 20000002049 Type of Business: Auto Repair Garage Applied for by: FELIPE SAMANIEGO Doing Business As: HIGH TECH AUTO SERVICE at: 943 MARYLAND AVE E ST PAUI. MN 55106 Conditions are as follows: 1. Parking for customers and employees shall be in the areas designated in the site plan on file with LIEP. Parking in other areas of the lot is prohibited until a site pian is approved by the Office ofi LIEP for any expansion of the parking surtace. 2. Only customer and employee vehicles may be parked on the lot. 3. Vehicle salvage is not permitted. 4. Vehicles, with major body parts removed, vehicle parts, tires, oil, or similar items may not be stored outdoors. 5. No repair of vehicles may occur on the e�erior of the lot or in the pub{ic right-of-way. � � � {,��eLa�et�5� �ai':�;te✓c>-j �. aio`e rar.td �ca��Ptc.Y4� ��e�+�(�.� 5`tr� ��, +ic# k7� }7 tW� 4�te:c� � 5'�C�°�c. ; n - �-vz�� t rQ�r� c�,�'{'_ c:. f( 4- "y�� Licensee Date � / �� -1ti , � � �/ r �._ � � x �'-��-/;�- t� C'� � icense pp a ton o�e pe ai an►ego � d/b/a High Tech Auto Service — City's Exh. No. 6 — � � . d��s� MINUTES OF TI� LEGISLATIVE HEARING HIGH TECH AUTO SERVICE - 943 AVEN�3E EAST Thursday, J y 13, 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 11:01 am. STAFF PRESENT: Corinne Asuncion, License Inspections, Environmental Protection (LIEP); Larry Zangs, LIEP; David Weisberg, LIEP Gerry Strathman stated this meeting is being held to hear objections to the license applacation for Felipe Samaniego, doing business as High Tech Auto Service, 943 Maryland Avenue East. Larry Zangs reported LIEP is recommending approval of the license subject to the following conditions: 1) Pazking for customers and employees shall be in the azeas designated in the site plan on file with the Office of LIEP. Pazking in other azeas of the lot is prohibited until a site plan is approved by the O�ce of LIEP for any expansion of the pazking surface. 2) Only customers and employee vehicles may park on the lot. 3) Vehicle salvage is not permitted. 4) Vehicles with major body parts removed, vehicle parts, tires, oii, or similaz items may not be stored outdoors. 5) No repair of vehicles may occur on the eaterior of the lot or in the public right-of-way. Gerry Strathman asked is this a new license and has the owner agreed to these conditions. Mr. Zangs responded this is a new license. He has been unable to make contact until today with the owner. However, Mr. Zangs spoke to the associate, and they went through the conditions at the site. Melissa Mazzara, 966 Hawthorne Avenue East, appeazed and stated cazs have been pazked on Forest Avenue for months at a time. It is impassible to drive from Maryland to Forest. She drives a school bus and cannot drive down Forest. The business has repaired cars in the alley. They have thrown garbage in the alley. Ms. Mazzara has seen employees urinate on the neighbor's gazage. There is a huge pile of brush, tires, gazbage in the back of the business that is eight feet high. She is concerned that mosquitoes may be breeding there. Mr. Stratlunan asked has she called the police about the vehicles. Ms. Mazzara responded that Parking Enforcement has been uncooperative. She calls the Mayor's Complaint O� ce, and the work gets done. It can take months for the vehicIes to be removed. Three months is the longest she has seen a vehicle pazked there. This has not occurred since the last time she had something towed, which was a few weeks ago. Mr. Strathman asked are there any vehicles there now. Ms. Mazzara responded there are not. Tf the owners wouid compiy with the five conditions recommended, she would be happy. � ■ ■ icense pp ica on o e ipe amantego dJbla Tech Auto Service — Cify's Exh. No. 7 —, HIGH TECH AUTO SERVICE - 943 MAFZYLAND AVENUE EAST o�as Page 2 ��` �� Mr. Sirathman stated Ms. Mazzara made reference to an eight foot pile of garbage, and he asked did Mr. Zangs see it yesterday. Mr. Zangs responded he saw a trailer full of wood debris. He contacted the property owner about it, who agreed that it should be removed, but the tenant is suppose to get rid of it. Mr. Zangs told the owner that he is responsible for the activities of his tenants on this properry, and that Mr. Zangs would have a frank discussion with the tenant regazding this. If the license is issued with these conditions, LIEP wili enforce them. If there is no compliance, LIEP will start adverse action against the license. Mr. Strathman stated Ms. Mazzara's letter refers to the grass being 18 inches high. Mr. Zangs responded that the owner hired someone to cut the grass. Mr. Zangs reviewed the lease and according to his interpretation of it, the tenant is responsibie for mowing the grass. It has been cut. Ms. Mazzara stated the grass is growing again. Right behind the building there is an eight foot pile of brush, tires, boazds. Mr. Zangs responded he received notice from Housing that there are outstanding orders on this property. council sent a letter to the and stated in April, the the eunaing ana deve�o ��n�th�re, At its May meeting, the plamm�g council recommended the City deny this license. PED (Plaruuug and Economic Development) is in negotiations with Mrs. Federoski (phonetic) to purchase the property and demolish it. Mr, Ogren feels it would be counterproductive to grant an licenses. Someone has been operating a business out of the oca on up unt�l the planning council's June board meeting. There aze approximately 15 cazs on tl�is site right now and there may have been up to 25 cazs. It is more like a junkyazd. This has been going on for several years. This is a visible location on Maryland Avenue. It projects the wrong image of the East Side, which is something they are trying to change. Councii President Dan Bostrom is in support of the City purchasing the property and it is going fonvard according to his conversation with Mr. Bostrom on Saturday. Mr. Strathman asked has he seen the conditions proposed for this license. Mr. Ogren responded he has not seen them, but he heard what Mr. Zangs said. Mr. Ogren has heard the same conditions before. It will solve nothing on the East Side. ` Even with those conditions, asked Mr. Strathman, you stili maintain your objecfions to the license. Mr. Ogren responded absolutely. The planning councii wants to see tYus building demolished and the site redeveloped. It is counterproductive to issue a license because it may impair the City's ability to gain control of the property. The question is what ability does the City have to cancel the license, demolish the building, and develop it. Mr. Strathman stated he is hearing people testify that this business has been operating for two to three years. Mr. Zangs responded one of the problem with the site is the transient tenants. Over J� . HIGH TECH AUTO SERVICE - 943 MARYLAND AVEN,UE EAST 0 � � Page3 �� the last coupie of yeazs, tenants have starYed businesses, they aze told to get licenses, and by the time it gets to the final end of processing the licenses, the tenanfs aze gone. Mr. Strathman asked how long the current applicant has been operating a business here. Mr. Zangs responded the applicant received a notice in January of this year to apply for a license; it has been at least that long. Felipe Samaniego, applicant, appeared and stated he did not know flus site had a lot of problems in the past. He can comply with the condifions. He can move a11 the cars and clean the property He talked to the owner about painting it because he is a painting contraetor. Mr. Strafhman asked how long he has been there. Mr. Samaniego responded he has not been working there. He just applied for the license. His partner has his tools there and goes there periodically. Mr. Strathman asked is he operating a repair business there right now. Mr. Samaniego responded no. He has been closed since he applied for the license. Sometimes it is open because his partner is cleaning his tools and.taking tools out of there. Mr. Samaniego has his own business. As soon as he gets his license, he will start working at 943 Maryland. Is that what has been observed, asked Mr. Strathman. Mr. Zangs responded he observed someone working on a white Chrysler inside the building yesterday. The hood was up, and this person had to clean his hands because he had been working. Ms, Mazzara responded that last week there was no business going on there, but this week it started up again. Mr. Strathman asked would he agree to the conditions proposed here. Mr. Samaniego responded in the affirmative. Mr. Zangs stated he would like an additional condition about no vehicles pazked in the alley because there is always a problem about the ownership of cars there. Mr. Samaniego stated that condition would be okay. Ms. Mazzara stated the City buying the property interests her, but she realizes that people have to make a living. Well run businesses are okay, too. Mr. Strathman stated if there was a history of this owner flagrantly disregazding the rules of the City, it would seem there would be a basis for not approving the license. Mr. Ogren stated he thought Mr. Zangs indicated Yhat the applicant has been doing business since January. They were doing business there without a license as of yesterday according to Mr. Zangs. They were doing business even though they were scheduled for a legislative hearing today and even though they appeazed before the District 5 Planning Council. Mr. Ogren would call that a callous disregazd for the law, the neighborhood, and the district council. �° HIGH TECH AUTO SERVICE - 943 MARYLAND AVENUE EAST O - 5 Page4 ��" �� l Mr. Strathman stated it is often the case that businesses start off and there is a long time before they get a license. While what may have happened here is not good, it is not uncommon and not a basis for denying the license. i3nder the law, Mr. Qgren asked, isn't the business suppose to have a license before they conduct business. They aze, responded Mr. Strathman, but as a matter of practice, many people do not know they are suppose to have a license or they apply for a license and it takes months for it to be approved. As a practicai matter, if that would be a basis for denying licenses, a lot of licenses would be denied and a Iot of havoc would be created in the City. T`hat fact alone is nof enough to deny a license. Mr. Strathman does not feel this applicant can be held responsible for all the bad things that have happened previously. Mr. Strathman asked is it correct that people operate without a license during the license application process. Mr. Zangs responded it is a practice that goes on: Ttiere are circumstances where it happens a lot. Gerry Strathman recommended approvai of the license with the six conditions that the applicant has aa eed to, which aze listed below. This wi11 be on the City Council agenda for July 26, 2000. i) Pazking for customers and employees shall be in the areas designated in the site plan on file with the O�ce of LIEP. Parking in other azeas of the lot is prohibited until a site plan is approved by the Office of LIEP for any expansion of the pazking surface. 2) Only customers and employee vehicles may park on the lot. 3) Vehicle salvage is not permitted. 4. Vehicles with major body parts removed, vehicle parts, tires, oii, or similaz items may not be stored outdoors. 5) No repair of vehicies may occur on the exterior of the lot or in the public right-of-way. 6) Vehicles awaiting repair and employees vehicles shali not be pazked or stored in the adjacent alley. The meeting was adjoumed at 11:25 a.m. rrn (Note: These six conditions have been signed by the applicant.) 04/20/O1 01:08 FA% _ ,�� -,::�_}-, D 1 5 T R I C T F 1 V E P L A N N i N l'uiper - l�Irnla l t Ta: Geay StraLhman Corinne Asuncaon Fmm: Bmce Sylvestet, District Five Planning Council �i� Uate: Re: June 28'", 2000 Licease Applicatioa for 943 Maryiaad G C¢j 02 � �� C 0 U N C Our organizafloa ceviewed the reqtiested Auto Repair Csazage Liceflse for the business located at 943 Maryland at a commumty meeting on 3une 15'�. The &cense applicant joined tlus meeting. Concems from aeighbors weze numerous, and included • The honible condifion of the building and lot, • The excessive numbea of vehicles which oftea seem to be permanene fixhues oa the !04 and the adjoining street, • Coacecns a6out auto-repaic vrork 6eing performed illegaliy ia the alley and late into the night,aud • The existence of undergound gasoline tanks, ' Due to these and other concems, ow organizatian voted to oppase the zeauested auto renair r:arage license at this address. The property and business located at 943 Maryland is a deuimenk to our community. The business is poorly maoaged. We stroagly enco�uage that the City Departmeat of Inspections investigate the property and tag the property owner for code violations. If a license must be granted, we sincerety hope the City will imgose coaditions upon the license that address nur concems as tisted above. If you ]�ave quesdons or need mare information about or concerns or request, please call me at 774-523A. Cc: Daa Bosh�om JUN-28-2000 17�31 1074 Payne Avenue Saint Paul, Minnesota 5 7ei# 7745234 Pax# 774� �cense pp ica aon o e ipe amamego ■ d!b!a High Tech Auto Service Cify's Exh. No. 2 —, - :`. � �,�_ — ��. ::t: GERftY STRATHMAIV D�rettor CITY OF SAINT PAUL Corinne Asuncion �O �q � LIEP 300 Lowry Professional Building COUNCIL INVESTIGATION AND RESEARCH CENTEB NOTICE OF LEGiBLATIVE HEARII3G Felipe Samaniego, Owner High Tech Auto Service 274 Annapolis Street East West Saint Paul, �Sinnesota 55118 Mr. Samaniego: Objections have been raised to the issuance of your Auto Repair Carage License at 943 Maryland Avenue East. You are invited to attend and participate in a hearing before the Legislative Hearing Officer regazding these ob}ecrions. The LegisiaYive Hearing will be held on: DATE: TIME: PLACE: Thursday, July 13, 2000 ll:00 a.m. Saint Paul City Ha11/Ramsey County Courthouse Third Floor, Room #330, Committee Hearing Room 15 WestKellogg Blvd. Saint Paul, Minnesota 55102 At this hearing, the Legislafive Hearing Officer will take testimony from all interested persons. At the end of this hearing, he wili make a recommendafion as to whether trus license should be approved, approved with conditions, or referred to an Administrative Law Judge. The City Councii will have the fmal authoriry to grant or deny this license. c: Council President Aan Bostrom Complainants Payne Phalen District 5 Planning Council Payne Arcade Business Associahon East Side Neighborhood Dev. Co. Virginia Palmer, City Attorney's Office LIEP Staff Norice Mailed: 7/6/2000 ciz xaL�. sUI'rE 310 SA1NT PAUL, t�t11• lcense lp ie�ion o�"F�'e ipe amaniego ■ d(b/a 7iigh Tech Auto Service '�" City's E�. No. 3 — Pnnced on Recyckd Pscer Pil'l I I � �eee, I . RECEIPT FOR APPLICATlON Date of Application: May 01, 2000 Received From: 2000o0o2as9 FELIPE SAMANIEGO HIGH TECH AUTO SERVECE 943 MARYLAND AVE E ST PAUL MN 55706 In application far: Auto Repair Garage ( t ) EH Date: Jul Ot, 2000 • F�cp Date: Ju101, 2001 lic Fee: Total Due a� this app(ication 5317.OU Other Fees Owed $o.00 Account Total Amount Due 8317.00 Amount Paid $317.00 Date Received May �1, 200� Outstanding Account Balance Due $D.DO Corrtacts: Project Facilitator. MARTENS, CORINNE (657) 26&9106 Inspector(s): SCHWEINLER,KRISTtNA{KRIS) License (65t}266-9110 ZANGS, LAWRENCE (LARR`� Zoning (651) 2665083 WINGS, SHERRY Gonditions: Requirements: 30 Days Notifiption Fre Inspection - Sherry Wings 228-6235 Lease Agreement, Purchase Agreement, or Pr�oj 7� hip Notifiption Ietters to neighDors/organiza � Notify Disfid and City Counais !.� f� i- ��.� C�1�� Project Fac. Note: Response date fof objections eacpired Record Chedc Site Plan Zoning Inspection �� e� �� C1TY OF SAINT PAUL ��` `�� OFFlCE OF LICENSE. INSPECiIONS AND ENVIRONMEMAL PR07EC710N 35o SL Pet� St Sude 900 Sa'urt Pam'. lSmnasata 55171 {[571 �-� � C�`71 266-9724 $317.00 Amount Paid: $317.00 NOTIFY: .3� �C7Q0 MAILED: CONTACT PHONE: LIQUOR: This i5 not d LiCense t0 O icense pp tcatton o e►pe amaniego � d/b/a High Tech Auto Service Page 1 of 1 — Cl ty's Exh. No. 1 � � n �� q�� O CLASS N LICENSE APPLICATION '�THIS APPLICATION IS SUBJECI' TO REVIEW BY TF� PiJBLIC PLEASE TYPE OR PRINT' 1N INK LICENSES ARE NOT TRANSFERABLE PAYMEI3T MUST BE RECEIVED WITH EACH APPLICATION Type of License(s) being applied for. Projected date of opening: ��"�'��,�c� ��'� 3� -4' J., Company Name. � d "'� �;� ;'��° �°�; ( Partnership / Sole Proprietorship If 6usiness is incoroArated, �ive late of incoipoiation: BusinessName{DBA) �'��*;'��:=� � '� Business Address (business locatian): ��v ;;� , � Stteet (#, Name, Direction) Between what cross streets is the business located? Are the premises now occupied? _�_ 4Vhat Type of Business? Mail To Address (if different than business address); a27�{ �nnG D Applicant Informarion: Name and Tide: �' "�-� ` Ficst HomeAddress: �"I�11:�• State Zip+4 Which side of the street? Title Street (tI, Name Type Direcnon) Qty T State Zip+4 Date of Birth: C"3:1 �"i.� . � � «°': ; ' place of Birth: : �:+� i � ' � ' Home Phone: �`^�(�1 ` � �� Have you ever been wnvicted of any felony, crime or violation of any ciry ordinance other ffian traffic? YES NO � Date of arrest: Charge: _ Conviction: Sentence: List licenses which you cucrently hold, formerly held, or may have an interest in: _ u Aaye any of the above named licenses ever been regoked? Are you going to operate this business personally? X YES YES CITY OF SAIN't PAUL Office of Licrnse, Inspections and Environmenrai Prutection 3505c PqcSt Srritc300 SancPaul,`.fi�mcscm SSL02 (6511 266-9 0 9 0 fs(65l)266.91]A � 317.a BusinessPhone:(�`�1 ��"�.�.�� City � NO lf yes, list the dates and reasons for revocation: NO If not, who will operate it? First Name Middle Initial (Maiden) I,ast Date of Sirth Home Address. Stree[ (#, Name, Type, D�rechon) Ciry State Zip+4 ( Phone Number Are you going to have a manager or assistant in this business? 1'ES X NO If the mauager is not the same as the operator, please complete the following informarion: FirstName Middlelniha] Where? (Maiden) Home Address. SVeet (H, Name, Typz, Directmn) Ciry Sfa[z Zip+9 ( Phone Numbzr mn �nnnn SVeet (#, Name, Type, DireCtionJ Ciry Sta[e Zip+4 Please list your employment history for the previous five (5) year penod: Business/Euwlovment . Address � Firs[ N'atne Middle Initlal (Ma�den) Las[ Date of Birth � ) Nome Address: Street (#, Tiame, Type, Direction) CiTy Siate ZipT3 Phone Number First Name Middle initiaf (Maiden) Last Date of Birth ( ) Home Address: Stteet (N, Name, Type, Direction) City State Zip+4 Phone Number MINNESOTA TAX IDENTIFICATION NUMBER - Pursuant to the Laws ofMinnesota,1984, Chapter 502, Article 8, Secrion 2(270.72) (Tax Clearance; Issuance of Licenses), licensing authoriries are required to provide to the State of Minnesota Commissioner of Revenue, the Minnesota business tax identif cation number and the social security number of each license applicant. � Under the Minnesota Government Data Pracrices Act and the Federal Privacy Act of 1974, we aze required to advise you of the following regazding the use of the Minnesota Tax Identification Number: - This information may be used to deny the issuance or renewal of your license in the event you owe Minaesota sales, employei s withholding or motor vehicle excise taxes; -Uponreceivingthisinformation,thelicensingauthoritywillsupplyitonlytotheMinnesotaDepartmentofRevenue. However, under the Fedeta3 Exchange of Infozmarion Agreement, the Depamnent of Revenue may supply this information to the Internal Revenue Service. Minnesota Tax Identification Numbers (Sales & Use Tax Number) may be obtained from the State of Minnesota, Business Records Denar[men[, b00 Robert Street North, Saint Paul, MN (b51-296-6181). Minnesota Tax Identification Number: �'�(} � � `.1 Q If a Minnesota Tax Idenfificaflon Number is not requaed foc the business being operated, indicate so by placing an"X" in the box. CERTIFICATION OP WORKERS' COMPENSATION COVERAGE PURSUANT TO MINNESOTA STATUTE 176.182 I hereby certify that I, or my company, am in compliance with the workers' compensation insurance cocerage requirements of Minnesota Statute 176.182, subdivision 2. I also understand that provision of false informarion in this certification constitutes sufficient grounds for adverse action against all licenses held, including revoc�tion and suspension of said licenses. _. Name of Insurance Company �_ - � p�an - - '�. ' �Yf' � -. Policy Number '' -'� �-= ;- ° Coverage from • �` _'� I have no employees covered under wotkers' compensation insurance -,< ` i' (INITIALS) t� ;,v- � �:. -. . � -.x: `rrz-�,� . -�,� �.,= - OJ I h/2000 List alI other officers of the coipomtion: OFFICER TITLE HOME HOME BLiSIi�IESS DATE OF N.4iLfE (Office He1d) ADDRESS PHONE PHONE BIRTH If business is a parmership, please include the following information for each partner (use additional pages if necessary): ANY FALSIFICATION OF ANSWERS GIVEN OR MATERIAL SiJB1VIITTED WII.L RESULT L�I DENIAL OF THIS APPLICATION E-Mail Address I hereby state tUat I Lave answered all of the preceding questions, and that the informarion contained herein is �ue and conect to the best ofmy knowledge and belief. I hereby state further that I have received no money or othez consideration, by way of loan, gift, con�ihution, or otherwise, other than already disciosed in the application whicfi I herewith subtnitted. I aLso understand this premise may be inspected by police, Fue, heaith and other city officials at any and all times when the business is in opeiation. Preferred methods of communicafion from this office (please rank in order of prcfe aes �e -"1" is most prefened): ( Phone Number with azea code: (_(�) �--lIG �S`I ' S�2' $7 1 v Extension (Circle ihe type of phone number you have listed above: Business Hom� Ce Fax Pager Phone Number with azea code: (_ ) Exteasion (Cucle the type of phone number you have listed above: Business Aome Cell Fax Pagei ) *�Iail: Street (#, Name, Type, Direc[ion) Ciry State Zip+4 Intemet: We will accept payment by cash, check {made payable to City of Saint Paul) or credit card (Maste�Card or Visa). IF PAYING BY CREDIT CARD PLEASE COMPLETE THE FOLLOWING INFORMATION: � MasterCazd � V isa EXPIItATION DATE: � � � � Name of Cardhotder ACCOUNT' NUMBER: op q�� '. of Cazd for all Date **Note: If this application is Food/Liquor related, please contact a City of Saint Paul Health Inspector, Steve Olson (266-9139), to review plans. If any substanfial changes to shvcture are anticipated, please contact a City of Saint Paul Plan Examiner at 266-9007 to apply for building permiu. If there aze any changes to the pazking lot, floor space, or for new operadons, please contact a City of Saint Paul Zoning Inspector at 266-9008. 0�/ifi/?000 SPECIFIC LICENSE APPLICATIONS REQUIRE ADDITIONAL INFORMATION. PLEASE SEE REVERSE FOR DETAILS >>>> . � j . ' , ;'' . i � � � � � � �`1.� i ' � w V \ �� J \) ` � � l�+ � � � � ti �?.� � � � ... �1 � �L :�> � \ \ \ 1 L \ � `' rV •� . 'h � � `'l � � � ------ - �•----' - t � \ � ` � � €'�—�—____�- _ -�t1 : -� � rS _� � S . -„ . 1Z > C _� iU� �� a: �.� y \ 1 � � � � \ ``� � i � � ',.` , � C.� U � ? ; \ � V I � ^ (`� �--.__> 9 _ - - - - _. . � � r � ` ^ � � ti ._ .1 C�. �\ � v '� i � 3 � uC � _ � � t � 1 M '-+ � � � , _ , L \ � � a �,. ' J � ry ��- � `V ; � , ! � � c � � � � \ � . � \ v � �� ; � . 'Z � � � �� \ J \ _\ �; � �o�� ,� c —� `V �? �� : �' � � _ � .Y ' ` � � J 1 � --= � o � � � � N f` � �� 7!` � � � 1 : J 1 y T � � �� . —� � . �+J J � STATE OF MIlVNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 September 12, 2000 Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, Minnesota 55102 Re: In Re the License Application of Felipe Samaniego, d!b/a High Tech Auto Services; OAH Docket No. 12-2111-13124-3. Dear Mr. Owusu: Enclosed is a copy of the tape recording from the hearing in the above- referenced matter heard on September 7, 2000. The record was returned to you on September 11. Sincerely, � ��?C��r ��-�/2�'/�'U � SANDRA A. HAVEN Administrator of O�ce Services Te{ep hone: 612/341-7642 sh Enc., Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Adminisirative Law Section &Administrative Services (612) 341-7600 �7TY No. (612) 341-7346� Fax No. (612) 349-2665 co�� F�e # e o _�t y q 4R1�1�A�. Presented By Referred To RESOLUTION CITY OF SAINT PAUL, MINNESOTA Crreen Sheet # l0 CQ0 G p '� Committee: Date ItESQLVEA, that the application for an auto repair gazage license by Felipe Samaniego, dib/a High Tech Auto Service, for the premises at 943 Maryland Avenue East, is hereby granted, subject to the conditions set forth below. 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 FURTHER RESOLVED, that the findings of fact, conclusions of law and memorandum contained in the ALJ Report in this case, dated September 11, 2000, are expressly ratified and adopted as the written fmdings and conclusions of the Council in the matter, and the _ recommendation of the AL7 is hereby adopted, with the addition of three conditions agreed to by the applicant on September 27, 2000. FURTHER RESOLVED, that the following conditions shall be placed on the license: 1. Parking far customers and employees shall be in the areas designated in the site plan on file with LIEP. Parking in other areas of the lot is prohibited until a site plan is approved by the Office of LIEP for any expansion of the pazking surface. 2. 3. 4. 5. 6. Only customer and employee vehicles may be parked on the lot. Vehicle salvage is not permitted. Vehicles with major body parts removed, vehicle parts, tires, oil or similar items may not be stored outdoors. No repair of vehicles may occur on the exterior of the lot or in the pubiic right-of- way. Vehicles awairing repair and employee vehicles shall not be pazked or stored in the adjacent alley. Licensee shall pave the area where parldng and storing of customer and employee vehicles is permitted as identified on the site plan. Such paving must be a permanent dustless surface, and the pazking area must be striped to designate where parking of vehicles is permitted. Pauing and striping must be completed by October 31, 2000. No vehicle may be parked on the lot for mare than ten days. It shall be the responsibility of the licensee to insure that any vehicle not claimed by its owner is removed $om the lot as permitted by law. 1 9. Licensee shall remove the existing fence on the northem and eastern properiy 2 lines and replace it with a sold wood fence which is 8' in height, no later than 00 - 9�q 3 October 31, 2000. 4 5 This Resolurion is based on the record of the proceedings before the Administrative Law 6 Judge, including the hearing on September 7, 2000, the docuxnents and e�ibits introduced 7 therein, and the deliberations of the Council in open session on September 25, 2000, and 8 ApplicanYs consent to additional conditions. 9 10 A copy of this Resolurion, as adopted, shall be sent by first class mail to the 11 Admuiistrative Law Judge and to the Licensee Requested by Department of: Adoption Certified by Council Secretary ar: \.Jh.i.c.a-�n.�� i� lee�e�,..1 Form Approved by City Attorne+. � By: � Approved by Mayor for Submission to Council � �, \ .. - / r,�s� - � U�i �,i S l Adopted by Council: Date Q ,� 1e�M� r �-.�� 00 -1�i.� Palmer 266-8710 �CtObET 11, 20� - �.0115Crit snrt TOTAL � OF SIGNATURE PAGES GREEN SHEET mu�r�rowcarert No 106068 arv�a.c.. arcwnopar � atretou n�aew�mexeraow. ❑ rwreu�aomKero �� wnrro�s�+an�xn ❑ (CLIP ALC LOCATIONS FOR SIGNANRE� Finalizing City Council action granting the application for an auto repair garage license by Felipe Samaniego, dba High Tech Auto Service, 943 Maryland Avenue East, subject to conditions. (Public hearing held September 27, 2000) PLANNING CAMMISSION CIB CAMMRTEE CIVIL SERVICE COMMISSION AMOUNT OF TRANSACTION f (IXPLAINj Hes this a� e.er vro�d wider a�ntrad ro.mis aepartmenrr YES NO Has tlxs pe�aaUfirm wer heen e cky mmpWyee't YE8 MO Doec thk Pe�fm O�eass a sldll not normailYP�� bY �Y cutteM Ut�' emWoyee7 YES � le tltis pe�eoNfirm 8 tery�etl wndoR YES NO COST/ItEVElIUE BUDRETBD (GItCLE ON� ��Itl[:I�:'�:1 YES NO � dFFICE OF THE CITY ATTORNEY Clay[on M. Robinson, Jr„ Ciry ifttorney l� CITY OF SAINT PAUL Norm Coleman, Mayor c,HiD,ris,on 400 Ciry Nall I S Wvst Kellogg B1vd. Snint Pau( Minncsola 55102 00 —qyq September 13, 2000 Felephone: 651266-871 Q Facsirrtile: 657 298-5619 �+ii.�� i�$�33."C'i ��;;`�. NOTICE OF COUNCIL HEARING Felipe Sunaniego �� "a ��;�`� High Tech Auto Services 943 Maryland Avenue East Saint Paul, Minnesota 55106 RE: Application for an auto zepair license by Felipe Samaniego, d/6fa High Tech Auto Services, for the premises at 943 Maryland Avenue East Dear Mr. Samaniego: Please take notice that a hearing on the report of the Administrative Law 7udge concerning the above-mentioned license application has been scheduled for 5:30 p.m., Wednesday, September 27, 2000, in the City Council Chambers, Third Fioor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written azgument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, , � ��. � `�� Virginia D. Palmer Assistant City Attorney cc: Felipe Samaniego, 274 Annapolis St. E., West St. Paul, IvIN 55118 LaVon Regan, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, NIN SS401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Bruce Sylvester, Community Organizer, Payne Phalen District 5 Planning Council, 1014 Payne Ave., St. Paui, MN 55101 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 1�0 Washington Square, Suite 1700 f 00 Washington Avenue Souih Minneapolis, Minnesota 55401-2138 September 11, 200Q Fred Owusu City Cierk 170 City Hail 15 West Kellogg Boulevard St. Pauf, MN 55102 RE: In Re the License Application of Felipe Samaniego, d/b/a High Tech Auto Service; OAH Docket No. 12-2111-13124-3 Dear Mr. Owusu: p0 _9`lR Enciosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions of Law and Recommendation in the above-entitled matter. Also enclosed is fhe official record, with the exception of the tape recording of the hearing which will be sent to under separate cover.. Our file in this matter is now being closed. Sincerely, �� • / STEVE M. MIHALCHICK � Administrative Law Judge SMM:aws Enciosures cc: Virginia D. Paimer Felipe Samaniego ��i�� a �;,,� '-+ � Z CstiJ 11TY ,c�? Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-7600 �TTY No. (612) 341-7346 � Fau No. (612) 349-2665 p � q`l� 12-2111-13124-3 STATE OF MINNESOTA OFFiCE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF ST. PAUL In Re the License Applicafion of Felipe Samaniego, d/b/a High Tech Auto Service FiNDINGS OF FACT, CONCLUSIONS, AND RECOMMENDATION This matFer was heard by Administrative Law Judge Steve M. Mihalchick on September 7, 2000, at 9:30 a.m. in Room 42 of St. Paul Cify Hall. The record was closed upon adjournment of the hearing that day. Virginia D. Palmer, Assistant City Attorney, 400 City fiail, 15 West Kellogg Bivd, St, Paui, MN 55102, appeared on behalf of the Sf. Paul Office of License, Inspections, and Environmental Protecfion (LIEP). Felipe Samaniego, 274 Annapolis St. E, Wesf St. Paul, MN, 55118, appeared on his own behaif. There were no other appearances at any time up to 10:00 a.m. STATEMENT OF ISSUES Whether Mr. Samaniego's license appfication to operate an auto repair garage at 943 Maryland Ave should be approved and what conditions shoufd be imposed. NOTICE This Report contains a recommendation, not a final decision. The Saint Paul City Councii wiii make the finai decision after reviewing the record and may adopt, reject or modify fhe Findings of Fact, Conciusions and Recommendation contained herein. Pursuant to Section 310.05 of the Saint Pauf Legisiative Code, the City Councii's fina! decision sha41 not be made until this Report has been made avaifable to the pa�ties to the proceeding and the Licensee has been provided an opportunity to present orai or written arguments afleging error on fhe part of fhe Administrafive Law Judge in the application of ihe law or the interpretation of the facts and an opportunity to present argument relating to any recommended adverse action. Any interested parties shou{d contact the Saint Paul City Councii, 310 City Half, Saint Paul, Minnesota 55102, to ascertain the procedure for presenting argument to the Council. Based upon the record herein, the Administrative Law Judge makes the foliowing: 0 � —`�`�`I FINDINGS OF FACT 1. On May 1, 2000, Mr. Samaniego su6mitted an application to operate an auto repair garage known as High Tech Aufo Senrice af 943 Maryland Ave E, St. Paui, MN. 2. ln a lefter of June 28, 2000, Bruce Sy4vester, District Five Pianning Councii reported that they had several concems and had voted to oppose the appiication. In the alternative, they requested that if the license were granted, that condifions be imposed to address fheir concerns. Those concerns were fhe condifion of the buiiding and lot, excessive vehicles on the lof and street for extended periods, repair work in fhe aliey and late into the night, and the existence of underground sforage tanks? 3. A Legisiative Hearing was he)d before Legislative Hearing O�cer Gerry Strathman on July 13, 2000 3 At that time, LIEP recommended approval of the license, subject to five conditions: a. Parking for customers and employees only in areas designated on the filed site plan. b. Only customer and employees vehicies may be parked on the lot. c. Vehicie salvage not permitted. d. Vehicles with major body parts removed, parts, tires, oit, and simifar items may not be stored outdoors. e. No repair on the exterior of the lot or in fhe pubfic right-of-way. During fhe course of the Legislative Hearing, a sixth condition was added: f. Vehicles awaiting repair and employees' vehicles shall not be parked or sfored in the adjacent ailey. Mr. Samaniego agreed to all these conditions during the Legislative Hearing and the Legislative Hearing Officer recommended approval of the license, subject to fhe six conditions. 4. Mr. Samaniego signed an agreement to the six conditions being placed upon his I+cense, and the conditions were incorporated into a 3uiy 13, 2000, fetter to him from LIEP � 'Fx.1. Z Ex. 2. 3 Ex. 3. ° Ex. 4. 5 Ex. 7. s E�c. 6. ' Ex. 5. oo-�y9 5. On July 26, 2Q00, the City Councii seferred this matter to the O�ce of Administrafive Hearings for an Administrative Law .lud�e Hearing for the purpose of a(lowing additional public comment on the application. The Notice of Hearing was issued August 10, 2000, sefting the hearing for Sepfember 7, 2000, at 9:30 a.m. in Room 49 of City Hali. A copy of the notice was sent to the District Five Planning Council. 6. At the hearing on September 7, 2000, LIEP continued to recommend issuance of the license subject to the six condifions. Mr. Samaniego continued to agree to those conditions. 7. No one appeared to oppose or comment on the appiication. Mr. Samaniego suggested fhat one reason for that might be that he has begun cleaning up the site and addressing some of the listed conditions and the other concerns expressed by the neighbors at the District Five meeting and the Legisiative Hearing. Based upon the foregoing Findings of Fact, fhe Administrative Law Judge makes the foilowing: CONCLUSlO1VS 1. The Administrative Law Judge and the Gity Council have jurisdiction in this matter pursuant to Minn. Stat. § 14.55. 2. All significant concerns regarding the operation ot an auto repair business by Mr, Samaniego at 943 Maryland have been adequate{y addressed by the conditions recommended by LIEP and the Legislative Hearing Officer. Sased upon the foregoing Conclusions, the Administrafive Law Judge makes the following: RECOMMENDATION IT IS RESPECTFULLY RECOMMENDED fhat the City Council order that the license be granted with the conditions recommended by LIEP and the Legislative Hearing O�cec � Dated September 11, 2000 � �_�-�--�-` ` - `�--' STEVE M. MIHALCHICK Administrative Law Judge Reported: Taped 8 Ex. 8. 9 Ex. 9. ��_g�� STATE OF MINNESOTA) ) ss COl1NTY OF HENNEPIN) AFFIDAVlT OF SERVICE BY U S MA1L Debra S. Aws, being first duly sworn, hereby deposes and says that on the 11 day of September, 20Q0, at the City of Minneapolis, county and state aforementioned, she served the attached Findings of Fact, Conclusions and Recommendation; Docket No. 12-2111-13124-3 by depositing in the United States maii at said City of Minneapolis, a true and correct copy thereof, properiy enveloped, with first c{ass postage prepaid and addressed to the individuals named herein. Fred Owusu Cify Clerk 170 City HaII 15 West Keilogg Boulevard St. Paui, MN 55102 Virginia D. Palmer Assistant City Attorney 400 City Hall 15 West Kellogg Blvd St. Paul, MN 55102 Felipe Samaniego 274 Annapolis Street E. West St. Paui, MN 55118 ��M'�,� . � Debra S. Aws Subscribed and sworn to before me this 11th day of September 2000, � J � -- � Ct � � C' °""`+ LaVON REGAN . xoru+rweuc-nn�surn vi� , •� MY CAMMISSION EXPIRES •:..s• .IANUARY 31. 2005 s STATE OF MINNESOfiA OFFICE OF ADMINISTRATIVE HEAI2INGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 554�1-2t38 September 11, 2000 Fred.Owusu City Clerk 170 City Hai4 15 West Keflogg Boulevard St. Paul, MN 55102 RE: ln Re the License Application of Felipe Samaniego, d!b/a High Tech Auto Seroice; OAN Docket No. 12-2111-13124-3 Dear Mr. Owusu: Enciosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions of Law and Recommendation in the above-entitled matter. Aiso enclosed is the officiai record, with the exception of the tape recording of the hearing which will be sent to under separate cover. Our file in this matter is now being closed. Sincerely, �� '�� STEVE M. MiHALCHICK Administrative Law Judge SMM:aws Enclosures cc: Virginia D. Palmer Felipe Samaniego t�ECEIVED SE� � 2 2�00 CiTY CLERK Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer s• ' � Administrative Law Section &Administrative Services (612) 341J600 �17Y No. (612) 341-7346� Fax No. (612) 349-2665 C� D —`1 ti`� STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) A�FIDAVIT OF SERVICE BY U.S. MAfL Debra S. Aws, being first duly sworn, hereby deposes and says thaY on the 11 day of September, 2000, at the City of Minneapolis, county and state aforementioned, she served the attached Findings of Fact, Conciusions and Recommendation; Docket No. 12-2111-13124-3 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first ciass postage prepaid and addressed to the +ndividuals named herein. Fred Owusu City Clerk 170 City Ha41 15 West Kellogg Boulevard St. Paul, MN 55102 Felipe Samaniego 274 Annapoiis Street E. West St. Pau1, MN 55118 Virginia D. Pafiner Assistant City Attorney 400 City Hafl 15 West Kellogg Bivd St. Paul, MN 55102 �� . � Debra S. Aws Subscribed and sworn to before me this 11th day of September 20�0. � � LaVON REGAN lqTA0.Y PI1B4G - MINNE50� MY CAMMISStON IXPIRES ,�pNUARY 31, 2005 Oa -q`t°l 12-2111-13124-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL O� THE CITY OF ST. PAUL in Re the License Applicafion of Felipe Samaniego, d/bia Nigh Tech Auto Service FINDINGS OF FACT, CONCLUSIONS, AND RECOMMENDATION This matter was heard by Administrative Law Judge Steve M. Mihalchick on September 7, 2000, at 9:30 a.m. in Room 42 of St. Paul City Hali. The record was closed upon adjournment of the hearing that day. Virginia D. Palmer, Assistant City Attorney, 400 City Hali, 15 West Kellogg Blvd, St. Paui, MN 55102, appeared on behalf of the St. Paui Office of License, Inspections, and Environmentai Protection (LIEP). Felipe Samaniego, 274 Annapolis St. E, West St. Paul, MN, 55118, appeared on his own behalf. There were no other appeasances at any time up to 10:00 a.m. STATEMENT OF ISSUES Whether Mr. Samaniego's license application to operate an auto repair garage at 943 Maryland Ave should be approved and what conditions should be imposed. NOTICE This Report contains a recommendation, not a fiinal decision. The Saint Paul City Council will make the final decision after reviewing the record and may adopt, reject or modity the Findings of Fact, Conclusions and Recommendation contained herein. Pursuant to Section 31�.05 of the Saint Pau! Legisiative Gode, the C+ty Council's final decision shafi not be made untii this Report has been made available to the parties to the proceeding and the Licensee has been provided an opportunity to present oraf or written arguments a{feging error on the part of the Administrative Law Judge in the appiication of the law or the interpretation of the facts and an opportunity to present argument relating to any recommended adverse action. Any interested parties should contact the Saint Paul City Councii, 310 City Hall, Saint Paui, Minnesota 55102, to ascertain the procedure for presenting argument to the Council. Based upon Yhe record herein, the Administrative Law Judge makes the following: o� -qtiq FIND{NGS OF FACT 1. On May 1, 2000, Mr. Samaniego submitted an appiication to operate an auto repair garage known as High Tech Auto Service at 943 Maryland Ave E, Sf. Paui, MN.' 2. In a letter of June 28, 2000, Bruce Syfvester, District Five Planning Cou�cil reported that they had severai concerns and had voted to oppose the appiication. In the alternative, they requested that if the license were granted, that conditions be imposed to address their concerns. Those concerns were the condition of the building and lot, excessive vehicles on the lot and street for e�ttended periods, repair work in the alley and late into the night, and the existence of underground storage tanks. 3. A Legislative Hearing was held before Legislative Hearing Officer Gerry Strathman on July 13, 2000. At that time, LIEP recommended approva{ of the license, subject to five conditions: a. Park+ng for customers and employees only in areas designated on the filed site pian. b. Only customer and employees vehicles may be parked on the fot. c. Vehicie saivage nat permitted. d. Vehicles with major body parts removed, parts, tires, oil, and similar items may not be stored outdoors. e. No repair on the exterior ofi the lot or in the public right-ofi-way. During the course of the legislative Hearing, a sixth condition was added: f. Vehicles awaiting repair and employees' vehicles shall not be parked or stored in the adjacent ailey. Mr. Samaniego agreed to ali these conditions during the Legislative Hearing and the Legislative Hearing Officer recommended approval of the license, subject to the six conditions. 4. Mr. Samaniego signed an agreement to the six conditions being placed upon his license, and the conditions were incorporated into a July 13, 2000, letter to him from LIEP.� ' Ex. 1. 2 Ex. 2. 3 Ex. 3. ° Ex. 4. 5 Ex. 7. 6 Ex. 6. ' F�. 5. 0 0 —`�`�`i 5. On July 26, 2000, the City Council referred this matter to the Office of Administrafive Hearings for an Administrative Law Jud�qe Hearing for the purpose of aliowing additional public comment on the appiication. The Notice of Hearing was issued August 10, 2000, setting the hearing for Sepfember 7, 20d0, af 930 a.m., in Room 42 of Gity Hall. A copy of the notice was sent to the District Five Planning Councii. 6. At the hearing on September 7, 2�Q�, LlEP continued to recommend issuance of the license subject to the six conditions. Mr. Samaniego continued to agree to those conditions. 7. No one appeared to oppose or comment on the application. Mr. Samaniego suggested that one reason for that might be that he has begun cleaning up the site and addressing some of the listed conditions and the other concerns expressed by the neighbors at the District Five meeting and the Legislative Hearing. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative �aw Judge and the Cifij Gounci! have jurisdiction in this matter pursuant to Minn. Stat. § 14.55. 2. AII significant concerns regarding the operation of an auto repair business by Mr. Samaniego at 943 Maryland have been adequately addressed by the conditions recommended by L{EP and the Legisfative Hearing Officer. Based upon the foregoing Concfusions, the Administrative Law Judge makes the fofiowing: RECOMMENDATION IT IS RESPECTFULLY RECOMMENDED that the City Council order that the license be granted with the conditions recommended by L1EP and the Legislative Hearing Officer. . Dated September 11, 2000 Reported: Taped <--�, �.yf-z�._- �-�--� STEVE M. MIHALCHICK Administrative Law Judge e Ex. 8. 9 EX. 9. �} � —`t`�`l OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CIT`Y OF SAINT PAL3L In Re The License Application of Felipe Samaniego, d/6fa High Tech Auto Service CITY'S PROPOSED EXHIBITS September 7, 2000 T0: Judge StevenM. Mihalchick, Administrative Law Judge, Office ofAdministrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list of the City's proposed exhibits for the Administrative Hearing on September 7, 2000. Exhibit No. Exh. No. 1 E�r. No. 2 Exh. No. 3 E�. No. 4 E�. No. � Exh. No. 6 E�. No. 7 Exh. No. 8 Exh. iVo. 9 Description License applicarion, received May l, �OQO (5 pp.); June 28, 2000 letter from $ruce Sylvester to Gerry Strathman (1 p.); Notice of Legislative Hearing, mailed July 6, Z000 (1 p.); License Application Smnniary (1 p.); July 13, 2000 letter from Larry Zangs to Felipe Samaniego, dated July 13, 2000 (2 pP•); License conditions, dated 7uly 13, 2000 (1 p.); Minutes Of The Legislative Hearing, Thursday, 7uty 13, 2000 (4 pp.); Action Minutes Of The Saint Paul City Council, Wednesday, July 26, 2000 � PP•)> Notice of Hearing, dated August 10, 2000, with Affidavit of Service � PP•)• oo-��q also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legislative Code § 310.06 Respectfully submitted this 7th day of September, 2000. �� Virgi � D. Palmer Assistant City Attomey Office of The City Attorney 400 City Hall 15 West Kellogg Boulevazd Saint Paul, Minnesota 55102 (612)266-8710 CITY OF SAINT PAUL Norn+ Colemnn, Mn}�o� I�ll�llSt 1�� 2.�� OFFICE' THE CITY ATTOR�TEY C�aytors M. __inson, Ja, City Attorn¢y a �_ q�� crUrr Drvtcro„ 400 Ciry Haif Telephone: 651 266-8710 fS W¢s Kellogg Bivd. Facsimite: b51198d619 Saint Pauf, Minnuoaa 55102 1�'OTICE OF HEA.RING Felipe Samaniego High Tech Auto Services 943 Maryland Avenue East Saint Paul, Minnesota 55106 RE: Application for an auto repair license by Felipe Samaniego, d/b/a High Tech Auto Services, for the premises at 943 Maryland A.venue East Dear Mr. Samaniego: Please take notice that a hearing will be held concerning your application for an auto repair garage license for the premises at 943 Maryland Avenue East in Saint Paul. The hearing will be held at the following date, rime and place: - Date: Time: Place: September 7, 2000 9:3U a.m. Room 42, City Hall/Courthouse 15 W. Kellogg Boulevard Saint Paul, MN 55102 The hearing examiner will be an Administratave Law 7udge from the State of Minnesota Office of Administrative Hearings: Name: Telephone: SYeven M. iViihalchick Office of Administrative Aearings l00 Washington Square, Suite 1700 Minneapolis, MN 55401-2138 (612) 349-2544 The Council of the City of Saint Paul has referred the question of whether to deny your license application for a hearing in accordance with the procedures of Saint Paul Legislative Code §§310.05 and 310.06. Under those provisions, you are entitled to notice and an opportunity to be heard. � icense pp�ca on o e ipe amani- d/b/a High Tech Auto Service — Ci£y's Exh. No. 9 —" Page 2 Felipe Samaniego August 10, 2000 b a- `( `E`� The recommendation which the Director of the Office of License, Inspections and Environmental Protection will present to the Administrative Law Judge is that the license should be approved with conditions. The conditions being recommended are those conditions which you have reviewed and a�reed to by signature dated July 13, 2000. However, the Administrative Law 3ud�e is perm7tted to hear "other interested persons" and to give them an opportunity to present testimony and otherwise participate in such a hearing. It is anticipated that one or more such "interested persons" will participate in the hearing, and may wish to intervene. The Administrative Law Judge may require such person or persons to provide written notice of the grounds upon which denial of your license application is urged, and the factual basis for such grounds. Motions may be made to determine the issue of intervention and notice of the grounds in advance of the hearing. You have the right to be represented by an attomey before and during the hearing if you so choose, or you can represent yourself. You may also have another person of your choice to represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted by an Administrative Law Judge, who will outline the procedures for the hearing and consider any motions which the parties or interested persons may present. Testimony is presented under oath, and the witnesses are subject to cross-examination. The hearings aze tape-recorded by the Administrative Law Judge. Concluding argusnents may be made orally or in writing, as agreed to by the parties and the 7udge. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. The City Council is the ultimate decision-maker. You should bring with you to the hearing any documents, records, witnesses or other evidence that you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules. Please feel free to contact me if you have any questions about this letter. Sincerely, � � �-� Virginia . Assistant City Attomey cc: LaVon Regan, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Bruce Syivester, Community Organizer, Payne Phalen District 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101 e o -`t �i `t STATE OF MINNESOTA COUNTY OF RAMSEY ss. AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on August 10, 2000, she served the attached NOTICE OF HSARING upon the following named person placing a true and correct copy thereo£ in an envelope addressed as follows: Felipe Samaniego High Tech Auto Services 943 Maryland Avenue E. St. Pau1, MN. 55106 (which is the last known address of same, with postage prepaid, in the Minnesota. Subscribed and sworn to before me this lOth dar�'�f A�st,�000. Notary PETER P. PANGBORN /D�TARY PUBtJC - MINNE.597A MY COMM�SSION EXPIRES JAN. 31, 2[3G3 said person) and depositing the CITY OF SAINT PAUL Norm Colemnn, .L/nyo� OFFICE OF THE CITY ATTORNEY - Claylon M. Robinson, Jc, CiryAttorney QQ �� RcCE1V=D y � civit oivision �J nt1G �� 1("i Z� i 6 4�OCiryHn[! Telephorte:651266-8710 !S GYer1 Ke[Logg Blvd. Facsimile: 651 298-5619 _ ; , � -_ ,: _ Saint P¢u[, Mirsrtuota 55102 , _ �„ ',�.Ii,Cn: _ i`,� k �:3�t7.�.+ E�ll�llSt 1�, 2�� NOTICE OF HEARING Felipe Samaniego High Tech Auto Services 943 Maryland Avenue East Saint Paul, Minnesota SSlOb ItE: Application for an auto repair license by Felipe Samaniego, d/b/a High Tech Auto Services, for the premises at 943 Maryland Avenue East Dear Mr. Samaniego: Please take notice that a hearing will be held conceming your application for an auto repair garage license for the premises at 943 Maryland Avenue East in Saint Paul. The hearing will be held at the following date, time and place: Date: Time: Place: September 7, 2000 9:30 a.in. Boom 42, City HalUCourthouse 15 W. Keilogg Boulevard Saint Paul, MN SS1Q2 The hearing examinez wi11 be an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Telephone: Steven M. Mihalchick Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN 55401-2135 (612)349-2544 The Council of the City of Saint Paul has refened the question of whether to deny your license application for a hearing in accordance with the procedures of Saint Paul Legislative Code §§310.05 and 310A6. Under those provisions, you are entitled to notice and an opportunity to be heard. Page 2 Felipe Samaniego August 10, 2000 Oo —q`�`l The recommendation which the Director of the Office of License, Inspections and Environmental Protection will present to the Administrative Law Judge is that the license should be approved with conditions. The conditions being recommended are those conditions which you have reviewed and agreed to by signature dated 7uly 13, 2000. However, the AdministraYive Law Judge is pernutted to hear'bther interested persons" and to give them an opporiunity to present testimony and otherwise participate in such a hearing. It is anticipated that one or more such "interested persons" will participate in the hearing, and may wish to intervene. The Administrative Law Judge may require such person or persons to provide written notice of the grounds upon which denial of your license application is ur�ed, and the factual basis for such grounds. Motions may be made to determine the issue of intervention and notice of the grounds in advance of the hearing. You have the right to be represented by an attomey before and during the hearing if you so choose, or you can represent yourself. You may also have another person of your choice to represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted by an Administrative Law 7udge, who will outline the procedures for the hearing and consider any motions which the parties or interested persons may present. Testimony is presented under oath, and the witnesses are subject to cross-examination. The hearings aze tape-recorded by the Adminlstrative Law 3udge. Concluding arguments may be made orally or in writing, as a�eed to by the parties and the Judge. Foilowing the hearing, the Jud�e wi11 pregare Findin�s of Fact, Conclusions of Law, and a specific recommendataon for action to be taken by the City Council. The City Council is the ultimate decision-maker. You should bring with you to the hearing any documents, records, wimesses or other evidence that you wiii or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Ru1es. Please feel free to contact me if you have any questions about this letter. Sincerely, � � �� Virginia D. Assistant Ciry Attorney cc: LaVon Regan, Office ofAdministrative Hearings, 1Q0 Washington Square, Suite 1700, Mpls, M1V 55401 Nancy Anderson, Assistant Council Secretary, 310 City Ha11 Robert Kessler, Director, LIEP Christine Rozek, LIEP Bruce Syivester, Community Organizer, Payne Phalen District 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101 0 0 -9�1� � C ITY �F �� @� w ��' o . � � r,�� n ti d 11F� � li II a h .C�� 1 95'� � ACTfON MINUTES OF THE SAINT PAIfL CITY COUNGIL Wednesday, July 26, 2000 - 3:30 - 5:00 p.m. PUBLlG HEARiNGS - 5;30 - 6:30 p.m. C1TY COUNCIL CHAMBERS, 3RD FLOOR City Hail and Court House 15 West Keflogg Boulevard Nancy Anderson, Assistant Secretary to the Councii Mary Erickson, Clerical Support - 651-266-8565 O�ce of the City Council Present - 5- Blakey, Bostrom, Harris, Lantry, Reiter Absent - 2- Senanav (Excused), Caleman (arrived after roll call) � CONSENT AGENDA (Items 1 - 23) NOTE: ALL ITEMS LISTED UNDER CONSENT RGENDA WILL BE ENACTED BY ONE MOTIOK THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM lYlLL BE RE�L/OVED FROM THE CONSENT AGENDA AND CONSLDERED SEPAR4TELY. FOR ACTIQN Approval of Minutes of June 28, 2000. Adopted Xeas - 6 Nays - 0 Claims of Carol Anderson and Dane/Leigh Jorento. Referred to the EmployeeiRisk Management Office Petition in condemnation and motion for transfer of title and possession and notice of hearing (411 Sherburne Avenue) in the matter of the Housing and Redevelopment Authority of the City of Saint Paul vs. the City of Saint Pau1, et al. � icense pp��ca �o�TF�ipe am mego � dJb/a High Tech Auto Service — City's Exh. No. 8 — 00 -q�� July 26, 2000, City Council Action Minutes Page 2 4_ Letter from the City Attorney's Office announcing a public hearing before an Administrative Law Judge on August 17, 2000, at 930 a.m., Room 42, Saint Paul City Hall-Court House concerning the application for a taYicab driver's license for Willie B. 7ones, 7r. 5. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on Auwst 9, 2000, to consider the appeal of Douglas Berends to a decision of the Plannin� Commission denying a request for a special condition use permit to allow for a used car sales lot on the propem� at 1170 Arcade Street (southeast corner of Rose Avenue and Arcade Street). 6. Letter from the Department of Pianning and Economic Development announcing a public hearing before the CiTy Councii on August 9, 2000, to consider the appeal of Motorscope/Dean C. Johnson of a Pianning Commission decision attaching conditions to a Special Condition Use Permit allowing reconstruction of an auto specialty store at 360 South Snelling Avenue. 7. Letter from the Departznent of Planning and Bconomic Development announcing a public hearing before the City Council on August 9, 2000, to consider the application of the Episcopal Church Home to rezone property from P-1 and B-3 to RM-2 to allow for the expansion of a retirement community at the southwest corner of University and Fairview Avenues. 8. Administrative Order: D001896 Amending the Community Development Block Grant budget, Department of Planning and Economic Development, in the amount of $49,850 for the Dunning Recreation Center Project. D001897 Amending the 1994 CommuniTy Development Block Grant budget, Division of Parks and Recreation, in the amount of $4,072.83 for final payment to NInDOT on the BN. (Bruce Vento) Regional Trail construetion. Noted as on file in the City CIerk's Office 9. Resolution - 00-670 - Suspending all licenses held by Dinner Club 2000, Inc., 1177 Clarence Street, far failure to pay delinquent license fees. Withdrawn Yeas - 6 Nays - 0 O p —q�� July 26, 2000, City Council Action Minutes 14. Resolution - 00-671 - Suspending aii licenses held by Sub�vay #3475, 1277 University Avenue, for failure to pay delinquent license fees. Adopted Yeas - 6 Nays - 0 Page 3 ll. Resolution - 00-672 - Holdin� Macalester College harmless for the City's use of Macalester's athletic track at 1600 Grand Avenue. Adopted Yeas - 6 Nays - 0 12. Resolution - 00-673 - Authorizing tl�e Saint Paul Police Department to enter into an agreemenf with the League of Minnesota Cities and the Upper 1Vlidwest Cammunity Policing Institu2e to establish a regional community policing institute. Substitute introduced and adopted Yeas - 6 Nays - 0 13. Resolution - 00-674 - Approving the proposed changes to the ByLa�vs of the Middle Mississippi River Watershed Management Organization. Adopted Yeas - 6, Nays - 0 14. Resolution - 00-675 - Approving application, with conditions, for an Auto Repair Garage License by Felipe Samaniego, dba High Tech Auto Service, 943 Maryland Avenue East. (Legislative Hearing Officer recommends approval rvith conditions) Referred to an Administrative Law Judge Hearing Yeas - 6 Nays - 0 15. Resolution - 00-676 - Memorializing City Council action taken May 24, 2Q00, granting the appeal of Leslie Lucht to a decision of the Board of Zoning Appeals concerning several variances in order to construct a third dweiling unit on the property at 681-683 Van Buren Avenue. Adopted Yeas - 6 Nays - 0 16. Resolution - 00-677 - Approving the purchase ab eement for the properiy located at 1691 Hoyt Avenue for ihe Hoyt-Montana Flood Remediation Project. Adopted Yeas - 6 Nays - 0 17. Resolution - 00-678 - Accepting and thauking individuals and businesses for their donation of gifts to the City of Saint Paul for honoring the Captain and crew of the submazine USS MINNEAPOLIS/ST.PAUL during its centennial celebration. Adopted Yeas - 6 Nays - 0 d D--- `�`tq 7uly 2b, 2000, City Councii Action Minutes Page 4 1$. Prelizninary Order - 00-679 - In the matter of the Seventh Place Ma11 operation and maintenance costs for 2000, and setting date of public hearing for September 6, 2000. (File #18428-00) - Adopted Yeas - 6 Nays - 0 19. Resolution Approving Assessment - 00-680 - In the matter of the Seventh Place Mail operation and maintenance costs for 1999, and setting date of public hearing for September 6, 2000. (File #18428-1999) Adopted Yeas - 6 Nays - 0 20. Resolution Approving Assessment - 00-681 - In the matter of the Wabasha West Streetscape Project, Phase I, areaways and amenities, Part "A" on Fourth and Wabasha Streets and setting date of pubiic hearin� for August 23, 2QOQ. (Fi1e #18894A) Adopted Yeas - 6 Nays - 0 21. Resolution Approving Assessment - 00-682 - In the matter of approving the assessment for the construction of a storm sewer connection on Victoria Street as part of the Chatsworth/Hoyt Area RSVP Project and settin� date of public hearing for August 23, 2000. (File # 18885-COlV� Adopted Yeas - 6 Nays - 0 22. Resolution Approving Assessment - 00-683 - In the matter of grading and paving alleys in the Pascal-Jefferson Project in 1999, and setting date ofpublic hearing for August 23, 2000. (File #18892a,b,c,d) Adopted Yeas - 6 Nays - 0 23. Resolution Approving Assessment - 00-684 - Tn the matter of summary abatements (property clean-up) from late May - June, 2000 (J0004A); towin� abandoned vehicles from private property during March and April, 2000 (J0003 V and 70004V); demolitian of vacant buildings during the months of June and July, 2Q00 (T0004C), and setting date of Legislative Hearing for September 19, 2000 and Ciry Council Public Hearing for September 27, 2000. Adopted Yeas - 6 Nays - 0 d � —�`l`� 7uly 26, 2000, City Council Action Minutes FOR DISCUSSION Page 5 24. Report from the Office of License, Inspections and Environmental Protection on-- their work plan in response to the Council Research "Performance Audit of the City of Saint Paul's Building Permit, Plan Review and Inspection Functions." (Council requested work plan on June 28} Laid over to August 2 Yeas - 6 Nays - 0 ORDINANCES 25. First Reading - 00-685 - An ordinancc auicn�lin� Council File 97-1 �68, an interim ordinance preserving the status quo with respect to advertising si�ns, to permit advertising signs at the new hockey arena. Laid over to August 2 for second reading 26. First Reading - 00-686 - An ordinance amending Saint Paul Legislative Code Chapter 66, Section 66.103.A, pertaining to the definition of advertising signs and adding netiv language to Section 66.214 to permit and regulate advertisin� signs at sports facilities. Laid over to August 2 for second reading (Councilmember Biakey requested the CiTy Attorney provide the Council with a written report as to when the billboard moratorium will of�cially end.) (Coleman was excused from the meeting at this time) PUBLTC HEARINGS (public hearings will begin at 5:30 p.m.) 27. Third Reading - 00-657 - An ordinance authorizing the Port Authority to issue bonds in the principal amount not to exceed $4,500,000, for the Great Northern Business Center - Phase I, which will produce at least $4,000,000 for project costs and authorizing the Port Authority to pledge the City's general ooligation to the full amount of these bonds. Substitute introduced and laid over to August 2 for final adoption e c� —`( `l� Ju1y 26, 2000 City Council Action Minutes Pa�e 6 28. Report of the Administrative Law Judge (ALJ) conceming the application for Pool and Billiard Hall and related licenses by Thu Dinh Trinh, dba Song Thanh Billiard, 945 University Avenue West. (Council refened to an ALJ on Apzi126, 2000) Adopted the Administrative Law Judge's �'indings of Fact, Conclusions, and Recommendation (Application approved with conditions) Yeas - 5 Nays - 0 29. Resolution - 00-620 - Amendin� Council File 00-129 to chanQe the time line for removal or repair of the property located at 681 Edmund Avenue from 130 days to within fifteen (1�) days from adoption of resolution. (Public Hearina continued fram 3une 28) � Withdrawn Yeas - 5 Nays - 0 30. Resolution - 00-633 - Removin; No Parking 3AM - 6PM, Friday - Monday, Except by Permit, Area 11 from both sides of St. Albans Street from Thomas Avenue to Lafond Avenue to Blair Avenue (2 blocks). (Public Hearing continued from June 28) Adopted Yeas - 5 Nays - 0 31. Resolution - 00-687 - Revising No Parking 8AM-&PM, Monday-Friday, Except by Permit, Area 24, to No Parking Except by Permit, Area 24, on the north side of Summit Avenue from Cretin Avenue to Mississippi River Boulevard. Adopted Yeas - 5 Nays - 0 32. Resolution - 00-688 - To consider the application for a sound level variance by Schwietz Saloon, 956 Payne Avenue, to ailow live music during the Payne- Arcade Harvest Pestival 2Q00 from 830 p.m. to 12:30 a.m. on September 14, 15 and 16, 2000. Adopted as amended Yeas - 5 Nays - 0 33. Final Order - 40-438 - In the matter of installation of a sanitary sewer and service connections in Ogden Avenue from Point Douglas Road to Winthrop Street, Winthrop Street from Ogden Avenue to Snowshoe Lane, and Snowshoe Lane from Winthrop Street to 160 feet of the west line of McKnight Road. (File #18928) (Public hearing continued from July 5) Adopted Yeas - 4 Nays - 0(Reiter not present) ao -qy°� July 26, 2000, Ciry Council Action Minutes Page 7 34. Final Order - 04-689 - In the matter of improving Fourth Street East from Wabasha to Minnesota and Cedar Street from Kellogg Boulevard to Fifth Sueet .- with concrete curbs, stamped concrete sidewalk, planting new trees, new drainage system, re-install existing globe lighting system, concrete driveway aprons and concrete/brick streets. (File #1&906A) Adopted Yeas - 4 Nays - 0(Reiter not present) SnsAension Items: Resolution - 00-690 - Declaring that all cre�v members aboard the USS Minneapolis-Saint Paul are honorary citizens of Minnesota's Cap]tal and invitins them to visit Saint Paul and experience its culture, scenery and the friendly people of our fair city. Adopted Yeas - 6, Nays - 0 Resolution - 00-691 - Granting a sound level variance to Bia Daddy's Old Kentucky BBQ on Au�ust 4, 2000 from 4:00 p.m. to 12:00 midnight. Adopted Yeas - b Nays - 0 CITY OF SAINT PALZ Norm Coleman, M¢yor Date: License ID: OFFICE OF LICENSE, INSPECTIONS AIJD O �'—� � t ENVIRONMENTAL PRO'I'ECfION RobrJZ Kess[er, Director LOWRY PROFESSIONAL BUILDlNG Telephane 651-26b9090 350 St Puer Streer, Suite 300 Facrimile: 65I-266-9099 SaintPaul.Minnrsom SSIOblSIO b51-266-9I24 LICENSE APPLICATION SUMMAI2X Thursday, July 13, 2000 @ 11:00 AM 20000002049 Liceuse Applicant: Felipe Samaniego DBA High Tech Auto Service 943 Maryland Avenue East License Type: Auto Repair Gazage License Conditions: 1. Pazking for customers and employees shall be in the azeas designated in the site plan on file with LIEP. Parking in other areas of the lot is prohibited unril a site plan is approved by the Office of LIEP for any expansion of the pazl�ng surface. 2. Only customer and employee vehicles may be pazked on the lot. 3. Vehicie salvage is not permitted. 4. Vehicies, with major body parts removed, vehicle parts, tires, oil, or similar items may not be stored outdoors. 5. No repair of vehicles may occur on the exterior of the iot or in the public right-of-way. Reqnirements: Zoning - Approved Fire - Approved License - Approved Pending Adverse Actions: None Cunent Licensee; LIEP Recommendation: Nane Recommend approval L1EP StaffReoresentarive � icense p i�p_o e ipe aman�ego � d/b/a Hi h Tech Auto S�rvice — Ci�y's Exh. No. 4 — CITY OF Sr�INT PAUL Norne Colemm; Mayor July 13, 2000 Felipe Samaniego 943 Maryland Ave EasY Saint Paui MN 55106 OFFICE OF LICENSE, INSPECTfONS AND bNVIIZONMENTAL PRO'IECTION a � —' � Y Robert Kess(er, Director IAI7RYPAOFESSIONALBUILBING Tetephone:651-266-9090 Suite 300 Facsimile: 65T-266-9099 350 St Peter Sbeet 557-266-9124 Sint Pau{ !Y£nmesollr SSIO2-ISIO RE: 943 Mary{and Ave East - Lic. #20000002049 for and auto repair business Mr. Samaniego: This office has recommended approvai of your license request subject to several conditions which are listed below. You signed a condition affidavit today agreeing to operate your business in compiiance with these restrictions. 1. Parking for customers and empfoyees shafl be in the areas designated in the site plan on fiie with LIEP. Parking i� other areas of the lot is prohihited untit a site p(an is approved by the Offics o6 LIEP for any expansion of the parking surface. 2. Oniy customer and employee vehicies may be parked on the Iot. 3. Vehicte salvage is not permitted. 4. VehicYes, with major body parts removed, vehicle parts, tires, oil, or similar items may not 6e sYored ouidoors. 5. No repair of vehicles may occur on the exterior of the lot or in the public right-of-way. 6. Vehicles awaiting repair and empfoyees vehicies shall not be parked or stored in the adjacent ailey. � Faiiure to compiy with these conditions could be ground for adverse action against your license. You are afso advisad that faifure to abide by any city ordinance is grounds for this office to take enforcement action against your (icense. In particular we talk today about vehicles which are on the 1ot for long periods of time ( in excess of 14 days). You are located in a B-3 zoning district. Exterior storage is not permitted (see leg, code 60.543 on reverse side). Further, vehicfes that are not used for more than 5 days are considered "storage" pursuant St. Pau! leg. code 219 ( see reverse side). The zoning administra#or wiii af{ow vehicles to remain on site for up to 14 days to ailow you time to contact the owner of the vehicle and have them remove it or fcr you to arrange a towing company to remove the vehicle to an impound lot. As the business operato� at this address, You are responsiBle for managing the number of vehicies on the iot. If you have any questions, call me at 651/266-9083. Lawrence R. Zangs • �cense pp�ica , o o�e ipe amamego ■ Zoning Administration d/b/a Hi h Tech Auto Service Ciiy's Exh. No. 5 — Sec. 60.219. S. 6`a —9`iGl Storage. The placement of items such as, but not limited to, the foflowing: merchandise for sale or rent; maferials awaiting ssrvicing, processing or manufacturing; finished producfs of a servicing, processing or manufacturing operation; equipment; portable storage containers but excluding trash containers or garbage dumpstefs which are accessory to the main use; and automobiles, trucks, automobiie trailers, semifiraiiers, intermodal cargo containers, or other vehicies not used for more than five (51 davs. Sec. 60.543. Required conditions. The foliowing conditions shall be required of all uses in the B-3 General Business District: All business storaqe serv+cinq or orocessing shali be conducted within comoletefv enclosed buildinqs. Provided, however, that the foilowing uses may be conducted outdoors if specifically allowed as a permitted use or speciaf condition usa: Off-street parking, off- street loading or oufdoor businesses and outdoor businesses with outdoor storage. (Ord. No. 17524, §§ 16, 1-6-88; C.F. No. 92-1479, §§ 6, 12-15-92) OFFlCE OF UCENSE, INSPECTIONS AND �� _ ENVIRONMENfAL PROTECTION ROb�t i(cssla. Gra7w CITY OF SAIN� PAUL Nortn Coleman, Mayor LOV✓RY PROFESSlONAL Bt/iLD1NG 7eiedwnc (s5�1 zss.+oso S�de 340 Facsirn.�e: (65t) 2669PJ9 350 SL P9ferSlrt?et (650J 26G9f24 SavRPaud Minnemb 55f02-1510 { agree to the following canditions being placed on the following license(s): License #: Type of 6usiness: Appiied for by: 20000002049 Auto ReQair Garage FELIPE SAMANIEGO Doing Business As: HlGH TECH AUTO SERVICE at: 943 MARYLAND AVE E ST PAUL MN 55106 Conditions are as follows: 1. Parking 4or customers and employees shalf be in the areas designated in the site plan on file with L1EP. Parking in other areas of the lot is prohibited until a site pian is approved by the Offce of LIEP for any expansion of the parking surface. 2. Only customer and employee vehicles may be parked on the lot. 3. Vehicle salvage is not permitted. 4. Vehicfes, with major body parts removed, vehic(e parts, t+res, ai, or similar items may not be stored outdoors. 5. No repair of vehicfes may occur on the exterior of the 1ot or in the public right-of-way. / v��. � Q:.�c:c.�tv"c`� :"��Gitzi�'ti r�ict � ��CZ.'cIG.S ,$�iC ( �'( �-�:5 ` ` J �f >L c'i b� � C�.�x- ! c� t�l s'(Cr E % n � c t4� r.'_ c�c <. i c_ t( K�. y Licensee Date � d >-� ��yq , � ��,� �: / � �� C, � � / "�> " C_J C% � icense pp ica �f on o e ipe amameg � dlbla 73igh Tech Auto Service — Cify's Exh. No. 6 -' oa-�� 00-6�15 MINUTES OF T�-IE LEGISLATIVE HEARING HIGH TECH AUTO SERVICE - 943 AVENCTE EAST Thursday, J y 13, 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was caIled to order at 11:01 am. STAFF PRESENT: Corinne Asuncion, License Inspections, Environmental Protection (LIEP); Larry Zangs, LIEP; David Weisberg, LIEP Gerry Strathman stated this meeting is being held to heaz objections to the license application for Felipe Samaniego, doing business as High Tech Auto Service, 943 Maryland Avenue East. Lazry Zangs reported LIEP is recommending approval of the license subject to the foliowing conditions: 1} Pazking for customers and empioyees shall be in the areas designated in the site plan on file with the Office of LIEP. Parking in other azeas of the 1ot is prohibited until a site plan is approved by the O�ce of LIEP for any expansion of the parking surface. 2) Only customers and employee vehicles may park on the lot. 3) Vehicle salvage is not permitted. 4) Vehicles with major body parts removed, vehicle parts, tues, oil, or similaz items may not be stored outdoors. 5) No repair of vehicles may occur on the exterior of the lot or in the public right-of-way. Gerry Strathman asked is this a new license and has the owner agreed to these conditions. Mr. Zangs responded ttais is a new license. He has been unable to make contact until today with the owner. However, Mr. Zangs spoke to the associate, and they went through the conditions at the site. Melissa Mazzara, 966 Hawthorne Avenue East, appeazed and stated cars have been parked on Forest Avenue for months at a time. It is impossible to drive from Maryland to Forest. She drives a scfiool bus and cannot drive down Forest. The business has repaired cazs in the alley. They have Chrown gazbage in the ailey. Ms. Mazzara has seen employees urinate on the neighbor's gazage. There is a huge pile of brush, tires, garbage in the back of the business that is eight feet high. She is concemed that mosquitoes may be breeding there. Mr. Strattmzau asked has she called the police about the vetucles. Ms. Mazzara responded that Parking Enforcement has been uncooperative. She calls the Mayor's Complaint O�ce, and the work gets done. It can take months for the vehicles to be removed. Three months is the longest she has seen a vehicle pazked there. This has not occurred since the last time she had something towed, which was a few weeks ago. Mr. Strathman asked are there any vehicles there now. Ms. M�_zara responded there are not. If the owners would comply with the five conditions recommended, she would be happy. ��ense pp �i_ca ion o'fFetape amaniego ■ d/b/a fiigh Tech Auto Service — Ciiy's Exh. No. 7 � o�-R�� O� -�Rg HIGH TECH AUTO SERVICE - 943 MARYLAND AVENUE EAST Page 2 Mr. Strathman stated Ms. Mazzara made reference to an eight foot pile of garbage, and he asked did Mr. Zangs see it yesterday. Mr. Zangs responded he saw a trailer full of wood debris. He contacted the property owner about it, who agreed that it should be removed, but the tenant is suppose to get rid of i� Mr. Zangs toid the owner that he is responsible for the activities of his tenants on this properry, and that Mr. Zangs would have a frank discussion with the tenant regarding this. If the license is issued with these condifions, LIEP will enforce them. If there is no compliance, LIEP wili start adverse action against the license. Mr. Strathman stated Ms. Mazzara's letter refers to the grass being 18 inches high. Mr. Zangs responded that the owner hired someone to cut the grass. Mr. Zangs reviewed the lease and according to his interpretation of it, the tenant is responsible for mowing the grass. It has been cut. Ms. Mazzaza stated the grass is growing again. Right behind the building there is an eight foot pile of brush, tires, boazds. Ivlr. Zangs responded he received notice from Housing that there are autstanding orders on this properiy. �•�r �a��, � ��= us LismcL � rtamm� C;ouncil, appeazed and stated in A ril, the �planning council sent a letter to the City recommending that they purchase the site demolish the building ana aeveiop no ising ther.e. At its May meehng, the plamm�g councii recommended the City deny this license. PED (Plazuung and Economic Development) is in negatiations with Mrs. Federoski (phonetic) to purchase the property and demolish it. Mr. Ogren feels it would b_e counterpzoductive to grant an licenses. Someone has been operating a business out of the oca ion up unti the planning council's June board meeting. There aze approximately I S cars on this site right now and there may have been up to 25 cats. It is more like a junkyard. This has been going on for several years. This is a visible location on Maryland Avenue. It pro}ects the wrong image of the East Side, which is something they are trying to change. Council President Dan Bostrom is in support of the City purchasing the properry and it is going forward according to his conversation with Mr. Bostrom on Saturday. Mr. Strathxnar. asked has he seen the conditions proposed for this license. Mr. Ogren responded he has not seen them, but he heazd what Ivf.r. Zangs said. Mr. Ogren has heazd the same conditions before. It will solve nothing on the East Side. ` Even with those conditions, asked Mr. Strathman, you still maintain your objections to the license. Mr. Ogren responded absolutely. The planning council wants to see tlus building demolished and the site redeveloped. It is counterproductive to issue a license because it may impair the City's ability to gain control of the properiy. The question is what ability does the City have to cancel the license, demolish the building, and develop it. Mr. Strathman stated he is hearing people testify that this business has been operating for rivo to three yeazs. Mr. Zangs responded one of the problem with the site is the transient tenants. Over oo�9y� �+-� FIIGH T`ECH AUTO SERVICE - 943 MARYI,AND AVENiJE EAST Page 3 the last couple of years, tenants have started businesses, they aze told to get licenses, and by the tune it gets fo the final end of processing the licenses, the tenants aze gone. Mr. Sfrathman asked how long the cutrent applicant has been operating a business here. Mr. Zangs responded the applicant received a notice in January of this year to apply for a license; it has been at least that long. Felipe Samaniego, applicant, appeazed and stated he did not know this site had a lot of problems in the past. He can comply with the conditions. He can move all the cars and clean the property. He talked to the owner about painting it because he is a painting contractor. Mr. Strathman asked how long he has been there. Mr. Samaniego responded he has not been working there. He just applied for the license. Ais partner has his tools there and goes there periodically. Mr. Strathman asked is he operating a repair business there right now. Mr. Samaniego responded no. He has been closed since he applied for the license. Sometimes it is open because his partner is cieaning his tools and taking tools out of there. Mr. Samaniego has his own business. As soon as he gets his license, he will start working at 943 Maryland. Is that what fias been observed, asked Mr. Strathman. Mr. Zangs responded he observed someone working on a white Chrysler inside the building yesterday. The hood was up, and this person had to clean his hands because he had been working. Ms. Mazzara responded that last week there was no business going on there, but this week it started up again. Mr. Strathman asked would he agree to the conditions proposed here. Mr. Samaniego responded in the affirmative. Mr. Zangs stated he would like an additional condition about no vehicies pazked in the alley because there is always a problem about the ownership of cazs there. Mr. Samaniego stated that condition would be olcay. Ms. Ma2zaza stated the City buying the property interests her, but she realizes that people have to make a living. Well run businesses are okay, too. Mr. Sirattunan stated if there was a history of this owner flagzantly disregazding the rules of the City, it would seem there would be a basis for not approving the license. Mr. Ogren stated he thought Mr. Zangs indicated that the applicant has been doing business since 7anuary. They were doing business there without a license as of yesterday according to Mr. Zangs. They were dning business even though they were scheduled for a legisIative hearing today and even though they appeazed before the District 5 Pianning Council. Mr. Ogren would ca11 that a callous disregazd for the law, the neighborhood, and the district councii. o� _v�q D O -G`IS HIC:I-I TECH ALTTO SERVICE - 943 MARyLAND AVENi7E EAST Page 4 Mr. Strathman stated it is often the case that businesses start off and there is a long time before they get a license. While what may have happened here is not good, it is not uncommon and not a basis for denying the license. Under the law, Mr. Ogren asked, isn't the business suppose to have a license before they conduct business. They aze, responded Mr. Strathman, but as a matter of practice, many people do not know they aze suppose to have a license or they apply for a license and it takes months for it to be approved. As a practicai matter, if that would be a basis for denying licenses, a lot of licenses would be denied and a lot of havoc would be created in the City. That fact alone is not enough to deny a license. Mr. Strathman does not feel this appiicant can be held responsible for all the bad things that have happened previously. Mr. Strathman asked is it coaect that people operate without a license during the license application process. Mr. Zangs responded it is a practice that goes on: There are circumstances where it happens a lot. Gerry Strathman recommended approval of the license with the six conditions that the applicant has agreed to, which aze listed below. This will be on the City Councii agenda for July 26, 2000. i) Parking for customers and employees shali be in the azeas designated in the site plan on file with the Office of LIEP. Pazking in other areas of the lot is prohibited until a site plan is approved by the Office of LIEP for any expansion of the pazking surface. 2) Only customers and empioyee vehicles may pazk on the lot. 3) Vehicle salvage is not permitted. 4. Vehicles with major body parts removed, vehicle parts, tires, oil, or similar items may not be stored outdoors. 5) No repair of vehicles may occur on the exterior of the lot or in the public right-of-way. 6) Vehicles awaiting repair and employees vehicles shall not be parked or stored in the adjacent alley. The meeting was adjourned at 1125 a.m. � (Note: These six conditions have been signed by the applicant.) 04/20/O1 01:08 FA% a,�'�.� _�_ w�� D I S T R ! C T P I V E P L A N N 1 N G P:t{pu - Plrrdr n To: Geay Strathmaa Corinae Astmcion Fmm: Bnue Sylvestsr, Dishict Five Planuing Council �i� Date: Re_ lune 28"', 2000 License Apglicati.on far 443 Maryland C�ij 02 d � g�q C O U N C Our organizatioa reviewed the requested Auto Repair Gazage Licease for the husiness located ai 943 Marylaad at a community meering on June 15'�. The &cense applicant joined tkris meeting. Conceins fzom neighbors weze numerous, and inciuded: • The horrible condi$on of the building and lot, • The excessive number af veIiicles which often seem to be permaneat Sxhues on the lot and the adjaining s�eet, • Cancems ahout auto-xepaic work being perfarmed illegally ia the alley and late into the nig�t, and • The existence of undergound gasoline tanlss, ' Due to these aad other concems o� oipanization voted to opnose the iequested auto reoaff earage license at tl�is address. The property and busiaess located at 943 Maryland is a detriment to our community. The business is poorly maoaged. We stroagly encoucage tl�at the City Depaxtinent of Inspections investigate the property and tag the property owner for code violations. If a license must be granted, we sincerely hope the City will impase coaditioas upon the lic�se that addcess our concerns as liated above. if youhave questions or aesd more information aboui or cancems or requesY, please call me at 774-5234. Cc: Dan Bosh�om SUN-28-2900 17�31 1014 Payne Avenue Saint Paul, Minnesota 5 Tel# 77a-5234 Faxx 774� lcense pg ica ion o e ipe amaniego • d/b/a Hiah Tech Auto Service Ci�y's Exh. No. "L — �:-= GERRY STR?.THMAN Dirccor CITY OF SAINT PAtiL Corinne Asuncion 0 � _�� LIEP 300 Lowry Professional Building COUNCIL IvVESTIGATION AND RESEARCA CEVTER NOTICE OF LEGISLATIVE HEARING Felipe Samaniego, Owner High Tech Auto Service 274 Annapolis Street East West Saint Paul, Minnesota 55118 Mz. Samaniego: Objections have been raised to the issuance of your Auto Repair Csazage License at 943 Maryland Avenue East. You are invited to attend and participate in a hearing before the Legislative Hearing Officer regazding these objections. The Legislarive Aeariug will be heid on: DATE: TTiVME: PLACE: Thursday, 7uly 13, 2000 11:00 a.m. Saint PauI City HalllRamsey Counry Courthouse Third Floor, Room i#330, Committee Hearing Room 15 West Kellogg Bivd Saint Paul, Minnesota 55102 At this hearing, the Legislative Hearing Officer wiil take testunony from all interested persons. At the end of this hearing, he will make a recommendation as to whether this license should be approved, approved with conditions, or referred to an Administrative Law Judge. The Ciry Council will have the final authority to grant or deny this license. c: Council President Dan Bostrom Complainants Payne Phalen Dishict 5 Planning Council Payne Arcade Business Association East Side Neighborhood Dev. Ca. Virginia Palmer, City Attorney's Offica LIEP Staff Norice Mailed: 7/6/2000 CITY HALL SUI7E 310 SAINT PAUL, MIi� Icense p ica .ion o e ipe ama� m� � dlb/a Hiah Tech Auto Service '�" Ci�y's Exh.1\TO. 3 � PnncM on Rmcled Paxr H t RECEfPT FOR APPLICATION Date of Application: May 0'I, 2000 Received From: 20000002649 FELIPE SAMANIEGO HIGH TECH AU70 SERVICE 943 MARYLAND AVE E ST PAUL MN 55106 �n appfication for: Auto Repair Garage (1 ) Eff Date: JuV 0'I, 2000 - Exp Date: Jul 01, 2901 Lic Fee: Total Due on this application $317.00 Other Fees Owed 50.00 Account Total Amount Due 5317.00 Amount Paid $317.00 Date Received May 0�, 2000 Outstanding Account Salanca Due SO.oO CiTY OF SAWT PAUL � �� OFFICE OF LICENSE, INSPECTIONS AND ETMRONMBJTAL PROTEC710N 350SG PetaSL StriB300 SainlPaW, 4fiN�esab 55102 (65�f 266-9CF70 7a.t (65l) 2fi6-9124 5357.00 Amount Paid: $317.00 Contacts: Project Pacilitator: MARTENS, CORINNE (651) 26fi9106 Inspedor(s): SCHWEWLER, KRIS7INA (KRIS) License {651) 266-91'10 ZANGS, LAWRENCE (LARRI� Zoning (651) 266-9083 WINGS, SHERRY Conditions: Requirements: 30 Days Notifiption Fire tnspection - Shesry Wings 228-G235 Lease Agreement, Purchase Agreement, or Proof of Ovmership NotiSption lettere to neighbors/organizatiQns �� C` ; t Notify Disirict and City Councils t� i s'1= J� 5 �l Project Faa Note: Response date for objections eupired Record Check Site Plan Zoning inspection �`� �� '� 3 � N� NoT�Y: 3� �eo MAII.ED: CONTACT PH��: LIQUOR: This is not a License to op��■ icense pp_i�cahon o e ipe amamego d/b/a Hia Tech Auto Service _ Page t of 1 � Ciiy'5 EXIt. NO. 1 �O �O �� Y� CLASS N LICENSE APPLICATION �7iTHIS APPLICATION IS ST.JBJECI' TO REVIEW BY TEIE PLTBLIC YLEASE TYPE OR PRINT L�I INK LICENSES ARE �TOT TRANSFERABLE PAY'YIENT 1NST BE RECEIVED WITH EaCH APPLICATIO;V Type of License(s) bein� applied for. Pro'ected date of o enin : "� �� `�' J P B �s,t`°��' ` �s�;�w�°- "� CompanyName �K ��{±��^��:''�� / Partnership / Sole Propnetorship If business is incoro�rated, �ive 3ate of incorporation: BusinessName(DBA). '� "'�'^ �'' '��.:�� Business Address (business location): ��„ dg. :.;� CI'TY OF SAIlVT PAUL Office of Licrnse, Inspectipns and Envimnmenial Pmtection 3N1 Sc PecSL S�ure300 c Paul. Knnaom 551�2 (65l) 3569090 Eaz (fi5i) 2b6.91bt � 3t7.bo BusinessPhone:(��k}'-� ,,,��g�— Sheet (#, Name, Type, Direction) � Ciry �� State Zip+q Beriveen whzt cross streets is the business located? � Which side of the street? Are the premises now occupied? �_ What Type of Business? � U T� t2�DOi � V� Mail To Address (if different than business address): �� {�nnCl�O/i 5 Sj f f1S�" t7�2S� S� I�ci 0� �'/I� �/� � Street (#, Name, 7ype, Directionj Ciry Scate Zip+4 Applican[ Infon Name and Title: - . °-,..,',:�; . _. . .-, . �� Home Address: ' '1'4�' n ✓Y� -(3f} (i�' ' �, ' =�,C`tS=��"� � x,�� c`' ��,r ��' � + ��:`� �'�Fl � Street (X, Name, Type, Dimction) City State Zip+4 Date of Sirth: �=� �`1 �`.'�•'O'' :' P1ace of Birth: t�:��`:� e t� '- Home Phone: CE "zf, s .l .�' Have yon ever been convicted of any felony, crime or violafion of any city ordinance other than traffic? YES NO !� DaTe of azrest: V Charge: _ Conviction: Sentence: List licenses which you cunently hold, fortnerly held, or may have an interest in: Have any of the above named licenses ever been regoked? Are you �oing to operate this business personally? X YES � NO If yes, list the dates and reasons for revocation: NO If not, who wil] operate it? Fiist Name Middle Snitial (Maidrn) Last Date of Birth Home Address. Shee[ (#, Name, Type, Dvectwn) C�ry Staee Zip+4 ( phone Number Are you going to have a mana�er or assistant in this business? YES X NO If the manager is not the same as the operator, please complete the fotiowin� infocmation: First Name Middle Inipal (Maiden) Lasi Date of Bitth Home Address. Strzet (1l, Name, 7ypz, Dvect�on) C�ry S[att Zip+d ( Fhone Numbzr Where? YES mn Fi�nnn Please IisY your e�loyment history for the previous five (5) year period: Business/Emolovment Address po-`t�t`l If business is a pamiership, please include the following information for each parmer (use additional pages if necessary): First Mdme Middle Initiat (Maiden) Las[ Da[e of Bir[h Saeet (#, Name, Type, Direction) City Sta[e Zipr4 Phone First Name Middle Initia( (Ma�den) (.ast Date of BirtF � � Home Address: Stteet (#, Name, 7ype, Direction) Ciry State Zip+q Phone Number MINNESOTA TAX IDENTIFICATIONNLJMBER- Pursuantto the Laws ofMinnesota, 1984, Chapter502, Article 8, 5ecrion 2(270.72) (Tax Clearance; Issuance of Licenses), licensing authorities are required to provide to the State ofMinnesota Commissionez of Revenue, the Minnesota business tax identification number and the social securiry number of each license applicant. • Under the Minnesota Government Data PracTices Act and the Federal Privacy Aci of 1974, we are required to advise you of the following regarding the use of the Minnesota Tax Identification Number: - This information maybe used to deny the issuance or renewal of your license in the eveni you owe Minnesota sales, employer's withholding or motot vehicle excise taxes; -Uponreceiving this infocmation, the licensing authority will supply it oniy to theMinnesota Department ofRevenue. However, under the Federal Exchange of Information Agreement, the Deparhnen[ of Revenue may supply this information to the Internal Revenue Service. Minnesota Tax Identification Numbers (Sales & Use Tax Number) may be obtained from the State of Minnesota, Business Records Degartment, 600 Robert Sheet North, Saint Paul, i�IN (651-296-6181). Minnesota Tax Identification Number: �� li� � Q If a Minnesota Tax Identification Number is not required for the business being operated, indic>te so by placing an "X" in the box. CERTIFICATION OF WORKERS' COMPENSATION COV"ERAGE PURSi3A�3T TO NSINNESOTA STATUTE 176.182 I hereby certify that I, ot my company, am in compliance with the wockers' compensation insurance cocerage requirements of Minnesota Statute t76.182, subdivision 2. I also undecstand that pcovision oF false informarion in this certification constitutes sufficient gzounds for adverse acrion against all licenses hel� including revoc�tion acd suspension of said licenses. NameofInsuranceCompany: ��j � Art�i� -°` =�'..YE-�(��_`"°� Policy Number = '' Coverage &om �� _:� I have no employees covezed under workers' compensation insurance =' .� (INITIALS) t0� � - OZ/ t fi/2000 Lut all other officezs of the corporation: OFFICER TITLE HO� HOME BtiSII�IESS DATE OF N.Si� (Office Held) ADDRESS PHONE PHONE BIRTH Ai�Tl' FALSIF'ICATION OF ��TSWERS GIVEN OR .VIATERIAL SUB:YIITTED 0�—`7 �lq WILL RESULT 1�Y DENIAL OF THIS APPLICATION I hereby shte that I ltave answered all of the preceding quesrions, and that the information contained herein is hue and correct to the best ofmy lmowledge and belief. I hereby szate further thaT I have received no money or othez coasideratioa, by way of loan, gi8, conmbutioq or otherwise, other than already disclosed in the application which I herewith submitted. I also understand this premise may be inspecte3 by police, fire, health and otfier city officials at any and all times when the business is in operadon Preferred methods of communication from this office (please rank in order of preference -"1" is most prefesed): bsi ( Phone Number with azea code: ( (� � ) �i3 —1 �G � �l ' S`)2 • �s7 i � Extension (Circle the type of pfione number you have listed above: Business Hom� Ce Fax Pager ` Phone Number wiih azea code: ( ) Extension (Circle the rype of phone number you fiave listed above: Business Home Cell Fax Pager P�Iail: Internet: Street (#, Name, Type, Directio») C�ry Sta[e Zip+4 E-Mail Address We will accept payment by cash, check (made payable to City of Saint Paul) or credit card (MasterCard or Visa). IFPAYING BY CREDIT CARD PLEASE COMPLETE THE POLLOYYING INFORNfAT10N: � MasterCaxd � V isa EXPIRATION DATE: ACCOUNT NUMBER: ❑�i�❑ ❑C]Cl❑ ❑C�C7❑ ❑f�I�❑ ❑L7�❑ ot c�a ror all Date **Note: If this application is FoodlLiquor related, please contact a Ciry of Saint Paul Heatth Inspector, Steve Olson (266-9139), to review plans. If any substanrial changes to shvcture are anticipated, please contact a City of Saint Paul Plan Examiner at 266-9007 to apply for building permits. If there aze any changes to the parking lot, floor space, or for new operations, please contact a City of Saint Paul Zoning Inspector at 266-9008. n�n Fiznoo SPECIFIC LICENSE APPLICATION5 REQUIRE ADDITIONAL INFORMATION. PLEASE SEE REVERSE FOR DETAILS >>>> , 1" ; =� � � � Ct � �.� � � �� J ` , V � � �. � S= � � � � , � � � �� ` � � `. - - � �., � . '- � � ��- � `� 1 0. � \ J 1 ��"--�- \ `J t yU � �i N ti .� � � � ` y � � �� ',� � � � � , � y -.; � �. ��. �r� �� v\ �; . , �, ��( �► `- � —� `--�- - ' - - - - - - - � ; � , � � �� . . s z _ > ^ � ,, , ; �. ., t. , .- "'- � ,� : �� c �� v �� Z 7 � ��1 ' � � �� -. l �x�? :\ a � � L \ � � -a . -+. � �� ----- - �--- - -� � - - - - - ,,, � - - t ____---y , � -c b. � e , � `-- 7 �5�7 -. � ,� Op �`{�{.°, _� c o`� �� a.; ir �� , �� r� - � �� ; � S o i � - i � � ; � 1 ' N X � . � �<� � � � W � ''� � � �� ,�� .' \ I� � \ �� ,� � \ � \ ,� J_� \` ` � � rv �� \ . �; � � - -- � � / �! ♦ � � �� T , �� -� c��.� �� STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Min�esota 554�1-2138 September 11, 2000 Fred Owusu City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, MN 55102 RE: In Re the License Application of Felipe Samaniego, d/b/a High Tech Auto Service; OAH Docket No. 12-2111-13124-3 Dear Mr. Owusu: �O- 9�q Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conclusions of Law and Recommendation in the above-entitled matter. Afso enclosed is the official record, with the exception of the tape recording of the hearing which will be sent to under separate cover. Our file in this matter is now being ciosed. Sincerely, � J�V � �I STEVE M. MIHALCHICK Administrative Law Judge SMM:aws Enclosures cc: Virginia D. Palmer Fe{ipe Samaniego R£CEIVED �� 2 2��0 ClTY CLERK Providing Impartial Hearings for Government and Citizens A� Equaf Opportunity Employer Administrative Law Section & Administrative Services (612) 34�-7600 �TTY No. (612) 341-7346� Fax No. (612) 349-2665 � ��,�� STATE OF MINNESOTA) ) ss COUNTY OF HENNEPlN) AFFlDAVIT OF SERVlCE BY U.S. MAIL Debra S. Aws, being first duly sworn, hereby deposes and says that on the 11 day of September, 2000, at the City of Minneapolis, county and state aforementioned, she served the attached Findings of Fact, Conclusions and Recommendation; Docket No. 12-2111-13124-3 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed to the individuals named herein. Fred Owusu City Clerk 170 City Half 15 West Kellogg Boulevard St. Paul, MN 55102 Felipe Samaniego 274 Annapofis Street E. West St. Paul, MN 55118 Virginia D. Palmer Assistant City Attorney� 400 City Hall 15 West Kellogg Blvd St. Paul, MN 55102 ��3 - `-�`��' Debra S. Aws Subscribed and swom to before me this 11th day of September 2000. LaVON AEGAN aernnr Pueuc - rmrn+ESOrA MY COMMISSION EXPlRES JAMUARY 3t.2005 ob�� 12-2111-13124-3 STATE OF MINNESOTA OFFICE OF ADMIN4STRATIVE HEARINGS FOR THE COUNCIL OF THE CiTY OF ST. PAUL In Re the License Application of Felipe Samaniego, d/b/a High Tech Auto Service FINDINGS OF FACT, CONCLUSIONS, AND RECOMMENDATION This matter was heard by Administrative Law Judge Steve M. Mihalchick on September 7, 2000, at 9:30 a.m, in Room 42 of St. Paul City Hall. The record was closed upon adjournment of the hearing that day. Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Blvd, St. Paul, MN 55102, appeared on behalf of the St. Paul O�ce of License, Inspections, and Environmental Protection (LIEP). Felipe Samaniego, 274 Annapolis St. E, West St. Paul, MN, 55118, appeared on his own behalf. There were no other appearances at any time up to 10:00 a.m. STATEMENT OF iSSUES Whether Mr. Samaniego's license application to operate an auto repair garage at 943 Maryland Ave should be approved and what conditions should be imposed. NOTICE This Report contains a recommendation, not a final decision. The Saint Paul City Council will make the final decision after reviewing the record and may adopt, reject or modify the Findings ofi Fact, Conclusions and Recommendation contained herein. Pursuant to Section 310.05 of the Saint Paul Legislative Code, the City Council's final decision shall not be made until this Report has been made available to the parties to the proceeding and the Licensee has been provided an opportunity to present oral or written arguments aNeging error on the part of the Administrative Law dudge in the application of the law or the interpretation of the facts and an opportunity to present argument relating to any recommended adverse action. Any interested parties shouid contact the Saint Paul City Council, 310 City Hall, Saint Paul, Minnesota 55102, to ascertain the procedure for presenting argument to the Council. Based upon the record herein, the Administrative Law Judge makes the following: �o'�'�� FINDINGS OF FACT 1. On May 1, 2000, Mr. Samaniego submitted an application to operate an auto repair garage known as High Tech Auto Service at 943 Maryland Ave E, St. Paul, MN.' 2. In a letter of June 28, 2000, Bruce Sylvester, District Five Planning Gouncil reported that they had several concerns and had voted to oppose the application. In the alternat+ve, they requested that if the license were granted, that conditions be imposed to address their concerns. Those concems were the condition of the building and lot, excessive vehicles on the lot and street for extended periods, repair work in the alley and late into the night, and the existence of underground storage tanks? 3. A Legislative Hearing was held before Legislative Hearing O�cer Gerry Strathman on July 13, 2000. At that time, LIEP recommended approvaf of the license, subject to Frve conditions: a. Parking for customers and employees onty in areas designated on the filed site pian. b. Only customer and employees vehicles may be parked on the lot. c. Vehicle salvage not permitted. d. Vehicies with major body parts removed, parts, tires, oil, and similar items may not be stored outdoors. e. No repair on the exterior of the lot or in the pubiic right-of-way. During the course of the Legislative Hearing, a sixth condition was added: f. Vehicles awaiting repair and employees' vehicles shall not be parked or stored in the adjacent alley. Mr. Samaniego agreed to all these conditions during the Legisfative Hearing and the Legisiative Hearing Officer recommended approvai of the license, subject to the six conditions. 4. Mr. Samaniego signed an agreement to the six conditions being placed upon his license, and the conditions were incorporated into a July 13, 2000, letter to him from LIEP.' ' Ex. 1. 2 Ex. 2. ' Ex. 3. ° Ex. 4. 5 Ex. 7. 6 Ex. 6. ' Ex. 5. , ��`l I 5. On July 26, 2000, the City Council referred this matter to the Office of Adminisfrative Hearings for an Administrative Law Jud�qe Hearing for the purpose of allowing additional public comment on the application. The Notice of Hearing was issued August 10, 2000, setting the hearing for September 7, 2000, at 9:30 a.m., in Room 42 of City Hall. A copy of the notice was sent to the District Five Planning Council 9 6. At the hearing on September 7, 2000, LIEP continued to recommend issuance of the license subject to the six conditions. Mr. Samaniego continued to agree to those conditions. 7. No one appeared to oppose or comment on the application. Mr. Samaniego suggested that one reason for that might be that he has begun cleaning up the site and addressing some of the listed conditions and the other concerns expressed by the neighbors at the District Five meeting and the Legislative Hearing. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the City Council have jurisdiction in this matter pursuant to Minn. Stat. § 14.55. 2. All significant concerns regarding the operation of an auto repair business by Mr. Samaniego at 943 Maryland have been adequatefy addressed by the conditions recommended by LIEP and the Legislative Hearing Officer. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS RESPECTFULLY RECOMMENDED that the City Council order that the license be granted with the conditions recommended by LIEP and the Legislative Hearing Officer. � Dated September 11, 2000 / � c __ - 7'_ �STEVE M. MIHALCHICK Administrative Law Judge Reported: Taped 8 Ex. 8. 9 Ex. 9. � � e r��9 OFFICE OF ADMINISTRATIVE HEARINGS FOR TI3E COUNCIL OF THE CITY OF SAINT PAUL In Re The License Application of Felipe Santauiego, dJbla High Tech Auto Service CITY'S PROPOSED EXHIBITS September 7, 2000 TO: JudgeStevenM.Mihalchick,AdministrativeLawJudge,0£ficeofAdministrativeHearings, 100 Washington Squaze, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a fist of the City's proposed e�ibits for the Administrative Hearing on September 7, 2000. Exhibit No. Exh. No. 1 E�. No. 2 E�. No. 3 E�. No. 4 Exh. No. 5 E�ch. No. 6 E�ch. No. 7 Ea�h. No. 8 E�. No. 9 Aescription License application, received May 1, 2000 (5 pp.); June 28, 2000 letter from Bruce Sylvester to Gerry Strathman (1 p.); Notice of Legislative Hearing, mailed July 6, 2000 (1 p.); License Application Snuunary (I p.); July 13, 2000 letter from Larry Zangs to Felipe Samaniego, dated July 13, 2000 (2 pp.); License conditions, dated July 13, 2000 (1 p.); Minutes Of The Legislative Hearing, Thursday, 7uly 13, 200Q (4 pp.); Acrion Minutes Of The Saint Paul City Councii, Wednesday, July 26, 2000 �� PP•); Notice of Hearing, dated August 10, 2000, with Affidavit of Service (3 pp.}. �W Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legislative Code § 310.06 Respectfuliy submitted this 7th day of September, 2000. �- Virg' � D. Palmer Assistant City Attorney O£fice of The City Attorney 400 City Aall Qp ,q�l9 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 , . , t � CITY OF SA1NT PAUL Norm Coleman, Mayor August 10, 2000 OFFICE�THE CITY ATTORNEY �¢��' (.� Claytox M. inson, Jc, Ciry Attorney U Civil Division 400CiryHa11 Telephane:651266-8710 ISWesiKelloggBlv�1. Facsimile:651298-�679 Saini Paul, Minnuot¢ SS102 NOTICE OR AEARING Felipe Samaniego High Tech Auto Services 943 Maryland Avenue East Saint Paul, Minnesota 55106 RE: Application for an auto repair license by Felipe Samanaego, d!b(a High Tech Auto Services, for the premises at 943 Maryland Avenue East Dear Mr. Samaniego: Please take notice that a hearing will be held concerning your application for an auto repair garage license for the premises at 943 Nlaryland Avenue East in Saint Paul. The hearing will be held at the following date, time and piace: Date: Time: Place: September 7, 2000 9:30 a.m. Room d2, City HalUCourthouse 15 W. Kellogg Boulevard Saint Paul, MN 55102 The hearing examiner will be an Adrninistrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Telephone: Steven M. Mihalchick Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN 55401-2138 (612)349-2544 The Council of the City of Saint Paul has refened the question of whether to deny your license appiicarion for a hearing in accordance with the procedures of Saint Paul Legislative Code §§310.05 and 310.06. Under those provisions, you are entitled to notice and an opportunity to be heard. ■ icense pp��ca ion o�e ►pe amamego ■ d/b!a High Tech Auto Service — Cify's Exh. No. 9 -', � Page 2 Felipe Slmaniego August 10, 2000 • � op ,a� The recommendation which the Director of the Office of License, Inspections and Environmental Protection will present to the Administrative Law Judge is that the license should be approved with conditions. The conditions being recommended are those conditions which you have reviewed and agreed to by signature dated July 13, 2000. However, the Administrative Law Judge is permitted to hear "other interested persons" and to giva them an opporiunity to present testimony and otherwise participate in such a hearing. It is anticipated that one or more such "interested persons" will participate in the hearing, and may wish to intervene. The Administrative Law Judge may require such person or persons to provide written notice of the grounds upon which denial of your license application is urged, and the factual basis for such grounds. Motions may be made to determine the issue of intervention and notice of the grounds in advance of the hearing. You have the right to be represented by an attorney before and during the hearing if you so choose, or you can represent yoursel£ You may also have another person of your choice to represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted by an Administrative Law Judge, who will outline the procedures for the hearing and consider any motions which the parties or interested persons may present. Testimony is presented under oath, and the witnesses are subject to cross-examination. The hearings are tape-recorded by the Administrative Law Judge. Concluding arguments may be made orally or in writing, as agreed to by the parties and the Judge. Following the hearing, the Judge will prepare Findings of Fact, �onclusions of Law, and a specific recommendation for action to be taken by the City Council. The City Council is the ultimate decision-maker. You should bring with you to the hearing any documents, records, witnesses or other evidence that you will or may need to support your position. Subpoenas may be available to compel the attendance of wimesses or the production of documents in confortnity with Minnesota Rules. Please feel free to contact me if you have any questions about this letter. Sincerely, �/ �� .� Virgini D. Palmer Assistant City Attorney cc: LaVon Regan, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Bruce Sylvester, Community Organizer, Payne Phalen District 5 Planning Councii, 1014 Payne Ave., St. Paul, MN 55101 . -� `. � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY � AFFIDAVIT OF SERVICE BY MAIL � � �; JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on August 10, 2000, she served the attached NOTICE OF HEARING upon the following named person placing a true and correct copy thereof in an envelope addressed as follows: Felipe Samaniego High Tech Auto Services 943 Maryland Avenue E. St. Paul, MN. 55106 (which is the last known address of same, with postage prepaid, in the Minnesota. Subscribed and sworn to before me this lOth da.v��f Axra�st./�000. Notary PETER P. PANGBORN 1bTARY WBLIC-MINNESOtA MY CAMMISSION EXPIRES JAM. 31, 26mb said person) and depositing the �, _ y r CITY OF SAINT PAUL R E C� f V c D OFFICE OF THE CITY ATTORNEY O D� 6� Claytnn M. Robinson, Jr., Ciry Atmmey Civil Division Norm Colemars, Mayor � �(. � 400 CiryHall Telephone: 65/ 266-8770 ',1J ^` �V �� P�I Z' t 6 15 WuiKeifogqBlvd. Facsimile: b57 298-56t9 _ .�- y � ; � Saint Paul, Minrsuo[a J5102 , .;',`� ;; ^ Krcji = , �� k,tii:`�l7 August 10, 2000 NOTICE OF HEARING Felipe Samaniego High Tech Auto Services 943 Maryland Avenue East Saint Paul, Minnesota 55106 RE: Application for an auto repair license by Felipe Samaniego, d/b/a High Tech Auto Services, for the premises at 943 Maryland Avenue East Dear Mr. Samaniego: Please take notice that a hearing will be held concerning your application for an auto repair gazage license for the premises at 943 Maryland Avenue East in Saint Paui. The hearing will be held at the following date, time and place: Date: Time: Place: September 7, 2000 9:30 a.m. Room 42, City AalllCourthouse 15 W. Kellogg Boulevard Saint Paul, MN 55102 The hearing examiner will be an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Telephone: Steven M. Mihalchick Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN 55401-2138 (612)349-2544 The Council of the City of Saint Paul has referred the question of whether to deny your license application for a hearing in accordance with the procedures of Saint Paul Legislative Code §§310.05 and 310.06. Under those provisions, you are entitled to notice and an opportunity to be heard. Page 2 Felipe Samaniego Au�ust 10, 2000 a �,��a The recommendation which the Director of the Office of License, Inspections and Environmental Protection will present to the Admuustrative Law Judge is that the license shouid be approved with conditions. The conditions being recommended are those conditions which you have reviewed and agreed to by signature dated July 13, 20Q0. However, the Administrative Law Judge is permitted to hear "other interested persons" and to give them an opportunity to present testimony and otherwise participate in such a hearing. It is anticipated that one or more such "interested persons" will participate in the hearing, and may wish to intervene. The Administrative Law 7udge may require such person or persons to provide written notice of the grounds upon which denial of your license application is urged, and the factual basis for such grounds. Motions may be made to determine the issue of intervention and notice of the grounds in advance of the hearing. You have the right to be represented by an attomey before and during the hearing if you so choose, or you can represent yourself. You may also have another person of your choice to represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted by an Administrative Law Judge, who will outline the procedures for the hearing and consider any motions which the parties or interested persons may present. Testimony is presented under oath, and the witnesses aze subject to cross-examination. The hearings aze tape-recorded by the Administrative Law Judge. Concluding arguments may be made orally or in writing, as agreed to by the parties and the Judge. Following the hearing, the Judge wiil prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. The City Council is the ultimate decision-maker. You should bring with you to the hearing any documents, records, wimesses or other evidence that you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules. Please feel free to contact me if you have any questions about this letter. Sincerely, � � �--� Virginia r Assistant City Attorney cc: LaVon Regan, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Councii Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Bruce Sylvester, Community Organizer, Payne Phalen District 5 Plannin� Council, 1014 Payne Ave., St. Paul, MN 55101 � � � CITY � � s o ' � a t [��ii3il ro � �I�fl � i A a eti �� Ig54 � �� i ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, July 2fi, 2000 - 3:30 - 5:00 p.m. PUBLIC HEARINGS - 5:30 - 6:30 p.m. CITY COUNCIL GHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Nancy Anderson, Assistant Secretary to the Council Mary Erickson, Clerical Support - 651-266-8565 Office of the City Council Present - 5- Blakey, Bostrom, Harris, Lantry, Reiter Absent - 2- Benanav (Exc�sed), Coleman (arrived after roll call) CONSENT AGENAA (Items 1 - 23) NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY. FOR ACTTON Approval of Minutes of June 28, 2000. Adopted Yeas - 6 Nays - 0 2. Claims of Cazol Anderson and Dane/Leigh Jorento. Referred to the Employee/Risk Management Office Petition in condemnation and motion for transfer of title and possession and notice of hearing (411 Sherburne Avenue) in the matter of the Housing and Redevelopment Authority of the City of Saint Paul vs. the City of Saint Paul, et al. � icense pp�ca io o�e ipe amamego � d/b/a High Tech Auto Service i City's Exh. No. 8 —' � �9 July 26, 2000, City Council Action Minutes Page 2 4. Letter from the City Attorney's Office announcing a public hearing before an Administrative Law 7udge on August 17, 2000, at 930 a.m., Room 42, Saint Paul City Hall-Court House concerning the application for a taYicab driver's license for Willie B. Jones, Jr. 5. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on August 9, 2000, to consider the appeal of Douglas Berends to a decision of the Planning Commission denyin� a request for a speciai condition use permit to allaw for a used car sales lot on the property at 1170 Arcade Street (southeast corner of Rose Avenue and Arcade Street). Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on August 9, 2000, to consider the appeal of Motorscope/Dean C. Johnson of a Planning Commission decision attaching conditions to a Special Condition Use Permit ailowing reconstruction of an auto specialty store at 360 South Snelling Avenue. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on August 9, 2000, to consider the application of the Episcopal Church Home to rezone properry from P-1 and B-3 to RM-2 to allow for the expansion of a retarement community at the southwest corner of University and Fairview Avenues. 8. Administrative Order: D001896 Amending the Community Development Block Grant budget, Department of Planning and Economic Development, in the amount of $49,850 for the Dunning Recreation Center Project. D001897 Amending the 1994 Community Development Block Grant budget, Division of Parks and Recreation, in the amount of $9,072.83 for final payment to IvI�iDOT on the B.N. (Bruce Vento) Regional Trail construction. Noted as on file in the City Clerk's Office 9. Resolution - 00-670 - Suspending all licenses held by Dinner Club 2000, Inc., 1177 Clarence Street, far failure to pay delinquent license fees. Withdrawn Yeas - 6 Nays - 0 �� July 26, 2000, City Council Action Minutes 10. Resolution - 00-671 - Suspending all licenses held by Subway #3475, 1277 University Avenue, for failure to pay delinquent license fees. Adopted Yeas - 6 Nays - 0 Page 3 11. Resolution - 00-672 - Holding Macalester College harmless for the City's use of Macalester's athletic track at 1600 Grand Avenue. Adopted Yeas - 6 Nays - 0 12. Resolutian - 00-673 - Authorizing the Saint Paul Police Department to enter into an agreement with the League of Minnesota Cities and the Upper Midwest Communiry Policing Institute to establish a re�ional community policing institute. Substitute introduced and adopted Yeas - 6 Nays - 0 13. Resolution - 00-674 - Approving the proposed changes to the ByLaws of the Middie Mississippi River Watershed Management Organization. Adopted Yeas - 6, Nays - 0 14. Resolution - 00-675 - Approving application, with conditions, far an Auto Repair Garage License by Felipe Samaniego, dba High Tech Auto Service, 943 Maryland Avenue East. (Legislative Hearing dffcer recommends approval with conditions) Referred to an Administrative Law Judge Hearing Yeas - 6 Nays - 0 15. Resolution - 00-676 - Memorializing City Council action taken May 24, 2040, granting the appeal of Leslie Lucht to a decision of the Board of Zoning Appeals concerning several variances in order to construct a third dwelling unit on the property at 681-683 Van Buren Avenue. Adopted Yeas - 6 Nays - 0 16. Resolution - 00-677 - Approving the purchase agreement for the properCy located at 1691 Hoyt Avenue for the Hoyt-Montana Flood Remediation Project. Adopted Yeas - 6 Nays - 0 17. Resolution - 00-678 - Accepting and thanking individuals and businesses for their donation of gifts to the City of Saint Paul for honoring the Captain and crew of the submarine USS MINNEAPOLIS/ST.PAUL during its centennial celebration. Adopted Yeas - 6 Nays - 0 , �9 op _� July 26, 2000, City Council Action Minutes Page 4 18. Prel'uninary Order - 00-679 - In the matter of the Seventh Place Mall operation and maintenance cests for 2000, and setting date of public hearing for September 6, 2000. (File #18428-00) - Adopted Yeas - 6 Nays - 0 19. Resolution Approving Assessment - 00-680 - In the matter of the Seventh Place Mall operation and maintenance costs for 1999, and setting date of public hearing for September 6, 2000. (File #18428-1999) Adopted Yeas - 6 Nays - 0 20. Resolution Approving Assessment - 00-681 - In the matter of the Wabasha West Streetscape Project, Phase I, areaways and amenities, Part "A" on Fourth and Wabasha Streets and setting date of public hearing for Au�ust 23, 2000. (File #18894A) Adopted Yeas - 6 Nays - 0 � 21. Resolution Approving Assessment - 00-682 - In the matter of approving the assessment far the constniction of a storm sewer connection on Victoria Street as part of the Chatsworth/Hoyt Area RSVP Project and setting date of public hearing for August 23, 2000. (File #18885-CONN) Adopted Yeas - 6 Nays - 0 22. Resolution Approving Assessment - 00-683 - In the matter of grading and paving alleys in the Pascal-Jefferson Project in 1999, and setting date ofpublic hearing for August 23, 2000. (File #18892a,b,c,d) Adopted Yeas - 6 Nays - 0 23. Resolution Approving Assessment - 00-684 - In the matter of summary abatements (properry clean-up) from late May - June, 2000 (J0004A); towing abandoned vehicles from private property during March and April, 2000 (J0003 V and J0004�; demolition of vacant buildings during the months of June and July, 2000 (J0004C), and setting date of Legislative Hearing for September 19, 2000 and City Council Public Hearing far September 27, 2000. Adopted Yeas - 6 Nays - 0 �a�� July 26, 2000, City Council Action Minutes Page 5 FOR DISCI3S5ION 24. Report from the Office of License, Inspections and Environmental Protection on�• their work plan in response to the Council Research "Performance Audit of the City of Saint Paul's Building Permit, Pian Review and Inspection Functions." (Council requested work plan on 7une 28) Laid over to August 2 Yeas - 6 Nays - 0 ORDINANCES 2�. First Reading - 00-63� - An ordivaucc amcuain� Council File 97-1568, an interim ordinance preserving the status quo with respect to advertising si�ns, to permit advertising signs at the new hockey arena. Laid over to August 2 for second reading 26. First Reading - 00-686 - An ordinance amending Saint Paul Legislative Code Chapter b6, Section 66.103.A, pertaining to the definition of advertising signs and adding new language to Section 66.214 to permit and reaulate advertising signs at sports facilities. Laid over to Angust 2 for second reading (Councilmember Blakey requested the City Attorney provide the Council with a written report as to when the billboard moratorium will officially end.) (Coleman was excused from the meeting at this time) PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.) 27. Third Reading - 00-657 - An ordinance authorizing the Port Authority to issue bonds in the principal amount not to exceed $4,500,000, for the Great Northern Business Center - Phase I, which will produce at least $4,000,000 for project costs and authorizing the Port Authority to pledge the City's general obligation to the full amount of these bonds. Substitute introduced and laid over to August 2 for final adoption �a�� July 26, 2000 City Council Action Minutes Page 6 28. Report of the Administrative Law 7udge (ALJ) concerning the application for Pool and Billiard Hall and related licenses by Thu Dinh Trinh, dba Song Thanh Billiazd, 995 University Avenue West. (Council refened to an ALJ on Apri126, ° 2000) Adopted the Administrative Law Judge's Findings of Fact, Conclusions, and Recommendation (Application approved with conditions) Yeas - 5 Nays - 0 29. Resolution - 00-620 - Amending Council File 00-129 to change the time line for removal or repair of the properiy located at 681 Edmund Avenue from 130 days to within fifteen (15) days from adoption of resolution. (Public Hearing continued from June 28) Withdrawn Yeas - 5 Nays - 0 30. Resolution - 00-633 - Removing No Parking 3AM - 6PM, Friday - Monday, Except by Permit, Area 11 from both sides of St. Albans Street from Thomas Avenue to Lafond Avenue to Blair Avenue (2 blocks). (Public Hearing contimied from June 28) Adopted Yeas - 5 Nays - 0 31. Resolution - 00-687 - Revising No Parking 8AM-8PM, Monday-Friday, Except by Permit, Area 24, to No Parking Except by Permit, Area 24, on the north side of Summit Avenue from Cretin Avenue to Mississippi River Boulevard. Adopted Yeas - 5 Nays - 0 32. Resolution - 00-688 - To consider the application for a sound level variance by Schwietz Saloon, 956 Payne Avenue, to allow live music during the Payne- Arcade Harvest Festiva12000 from 830 p.m. to 1230 a.m. on September 14, 15 and 16, 2000. Adopted as amended Yeas - 5 Nays - 0 33. Finai Order - 00-438 - In the matter of installation of a sanitary sewer and service connections in Ogden Avenue from Point Douglas Road to Winthrop Street, Winthrop Street from Ogden Avenue to Snowshoe Lane, and Snowshoe Lane from Winthrop Street to 160 feet of the west line of McKnight Road. (File # 18928) (Public hearing continued from July 5) Adopted Yeas - 4 Nays - 0(Reiter not present) .. July 26, 2000, City Council Action Minutes �� Page 7 34. Final Order - 00-689 - In the matter of unproving Fourth Street East from Wabasha to Minnesota and Cedar Street from Kellogg Boulevard to Fifth Street -• with concrete curbs, stamped concrete sidewalk, planting new trees, new drainage system, re-install existing globe lighting system, concrete driveway aprons and concrete/brick streets. (File #18906A) Adopted Yeas - 4 Nays - 0(Reiter not present) Sus�ension Items: Resolution - 00-690 - Deciaring that all crew members aboard the USS Minneapolis-Saint Paul are honorary citizens of Minnesota's Capital and inviting them to visit Saint Paul and experience its culture, scenery and the friendly people of our fair city. Adopted Yeas - 6, Nays - 0 Resolution - 00-691 - Granting a sound level variance to Bi4 Daddy's Old Kentucky BBQ on August 4, 2000 from 4:00 p.m. to 12:00 midnight. Adopted Yeas - 6 Nays - 0 CITY OF SAINT PAUL Norm Calem¢rs, Mayor Date: License ID: OFFICE OF L[CEiYSE, INSPECTIONS AND � �/� �� ENVIRONMENI'AL PROTECTION Rober[ Kessier, Direc[or IAWRY PROFHSSIONAL BUII]JING Telephone; 651-266-9090 350ScPeterSlreexSuite300 Facsimile: 6i1d66-9099 SaintPaul. SSIO2-ISIO 651-266-9724 LICENSE APPLICATION SUMMARY Thursday, July 13, 2000 @ 11:00 AM [►�iRilll � � • License Applicant: Felipe Samaniego DBA High Tech Auto Service 943 Maryland Avenue East License Type: Auto Repair Gazage License Conditions: l. Parking for customers and employees shail be in the areas designated in the site plan on file with LIEP. Parldng in other areas of the lot is prohibited until a site pian is approved by the Office of LIEP for any eacpansion of the pazking surface. 2. Only customer and employee vehicles may be pazked on the lot. 3. Vehicle salvage is not permitted. 4. Vehicles, with major body parts removed, vehicle parts, tires, oil, or similar items may not be stored outdoors. 5. No repaiz of vehicles may occur on Che exterior of the lot or in the public right-of-way. Requirements: Zoniug - Approved Fire - Approved License - Approved Pending Adverse Actions: None Current Licensee: LIEP Recommendataion: None Recommend approval LIEP Staff Reoresentative S icense pp ica ion o e ipe amaniego � d/b{a �Hi h Tech Auto Service — Ci�y's Exh. No. 4 — � CITY OF SAINT PAUL Norm Colemmt, Mayor July 13, 2000 Felipe Samaniego 943 Maryland Ave East Saint Paui MN 55106 �� OFFICE OF LiCENSE, INSPECITONS AND E2JVIRONMMENTAL PROTECTION Robe�fKessler, D'necto� IAWRYPROFES570NALBUILDING Telephone:651-266-9090 Suite 300 Fac.rimile: 651-266-9099 350 SL peter Sbeet 65]-266-9724 Sbu Pau{ M"mnesom SSIO2-I SIO RE: 943 Maryland Ave East - Lic. #20000002049 for and auto repair business Mr. Samaniego: This office has recommended approval of your license request subject to several conditions which are listed below. You signed a condition affidavit today agreeing to operate your business in compliance with these restrictions. 2. 3. 4. 5. � Parking for customers and empioyees shail be in the areas designated in the site plan on file with LIEP. Parking in other areas of the lot is prohibited untif a site pfan is approved by the Office of LIEP for any expansion of the parking surface. Only customer and empioyee vehicles may be parked on the lot. Vehicle salvage is not permitted. Vehicles, with major body parts removed, vehicie parts, tires, oil, or similar items may not be stored outdoors. No repair of vehicles may occur on the exterior of the lot or in the public right of-way. Vehicies awaiting repair and employees vehicles shall not be parked or stored in the adjacent ailey. � Failure to compiy with these conditions cou�d be ground for adverse action against your iicense. You are also advised that faiture to abide by any cily ordinance is grounds for this office to take enforcement action against your license. {n particular we ta{k today about vehicles which are on the lot for long periods of time ( in excess of 14 days). You are located '+n a B-3 zoning district. Exterior storage is not permitted (see leg. code 60.543 on reverse side). Further, vehicles that are not used for more than 5 days are considered "storage" pursuant St. Paui leg. code 219 ( see reverse side). The zoning administrator wiil aliow vehicles to remain on site for up to 14 days to allow you time to contact the owner of the vehicle and have them remove it or for you to arrange a towing company to remove the vehicle to an impound lot. As the business operator at this address, You are responsible for managing the number of vehicles on the lot. ff you have any questions, call me at 651/266-9083. Lawrence R. Zangs Zoning Administration e ieense pp ica ion o� e�pe amamego � d/b/a Hi h Tech Auto Service Ci�y's Exh. No. 5 — _ � Sec. 60.219. S. �� Storage. The placement of items such as, but not IimiterS to, the foitowing: merchandise for sale or rent; materials awaiting servicing, processing or manufacturing; finished products of a servicing, processing or manufacturing operation; equipment; portable storage containers but exctuding irash containers or garbage dumpsiers which are accessory to the main use; and automobiles, trucks, automobile trailers, semitrailers, intermoda! cargo containers, or other vehicles not used for more than five (5) davs. Sec. 60.543. Required conditions. The following condifions shal! be required of alt uses in the 63 General Business District: All business, storaae, servicina or orocessina shall be conducted within comoletelv enciosed buildinas. Provided, however, that the foilowing uses may be conducted outdoors if specifically allowed as a pesmitted use or special condition use: Off-street parking, off- street loading or outdoor businesses and outdoor businesses with outdoor storage. (Ord. No. 17524, §§ 16, 1-6-88; C.F. No. 92-1479, §§ 6, 12-15-92) OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Robett Kess�er. ti.edcr CITY OF SAINT PAUL Norm Coleman, Mayor ,V � / , LOWRYPROFESSIONALBUILDlNG 7eiennone.�lss�)2ss9asa Suae300 FarsbmTe: (65112669039 � s� �� s�+ lesa zss.vna Sai�RPau( MLnnesob SSfO&15f0 l agree to the foilowing conditions being piaced on the foilowing {icense(s): License #: 20000002049 Type of Business: Auto Repair Garage Applied for by: FELIPE SAMANIEGO Doing Business As: HIGH TECH AUTO SERVICE at: 943 MARYLAND AVE E ST PAUI. MN 55106 Conditions are as follows: 1. Parking for customers and employees shall be in the areas designated in the site plan on file with LIEP. Parking in other areas of the lot is prohibited until a site pian is approved by the Office ofi LIEP for any expansion of the parking surtace. 2. Only customer and employee vehicles may be parked on the lot. 3. Vehicle salvage is not permitted. 4. Vehicles, with major body parts removed, vehicle parts, tires, oil, or similar items may not be stored outdoors. 5. No repair of vehicles may occur on the e�erior of the lot or in the pub{ic right-of-way. � � � {,��eLa�et�5� �ai':�;te✓c>-j �. aio`e rar.td �ca��Ptc.Y4� ��e�+�(�.� 5`tr� ��, +ic# k7� }7 tW� 4�te:c� � 5'�C�°�c. ; n - �-vz�� t rQ�r� c�,�'{'_ c:. f( 4- "y�� Licensee Date � / �� -1ti , � � �/ r �._ � � x �'-��-/;�- t� C'� � icense pp a ton o�e pe ai an►ego � d/b/a High Tech Auto Service — City's Exh. No. 6 — � � . d��s� MINUTES OF TI� LEGISLATIVE HEARING HIGH TECH AUTO SERVICE - 943 AVEN�3E EAST Thursday, J y 13, 2000 Room 330 Courthouse Gerry Strathman, Legislative Hearing Officer The meeting was called to order at 11:01 am. STAFF PRESENT: Corinne Asuncion, License Inspections, Environmental Protection (LIEP); Larry Zangs, LIEP; David Weisberg, LIEP Gerry Strathman stated this meeting is being held to hear objections to the license applacation for Felipe Samaniego, doing business as High Tech Auto Service, 943 Maryland Avenue East. Larry Zangs reported LIEP is recommending approval of the license subject to the following conditions: 1) Pazking for customers and employees shall be in the azeas designated in the site plan on file with the Office of LIEP. Pazking in other azeas of the lot is prohibited until a site plan is approved by the O�ce of LIEP for any expansion of the pazking surface. 2) Only customers and employee vehicles may park on the lot. 3) Vehicle salvage is not permitted. 4) Vehicles with major body parts removed, vehicle parts, tires, oii, or similaz items may not be stored outdoors. 5) No repair of vehicles may occur on the eaterior of the lot or in the public right-of-way. Gerry Strathman asked is this a new license and has the owner agreed to these conditions. Mr. Zangs responded this is a new license. He has been unable to make contact until today with the owner. However, Mr. Zangs spoke to the associate, and they went through the conditions at the site. Melissa Mazzara, 966 Hawthorne Avenue East, appeazed and stated cazs have been pazked on Forest Avenue for months at a time. It is impassible to drive from Maryland to Forest. She drives a school bus and cannot drive down Forest. The business has repaired cars in the alley. They have thrown garbage in the alley. Ms. Mazzara has seen employees urinate on the neighbor's gazage. There is a huge pile of brush, tires, gazbage in the back of the business that is eight feet high. She is concerned that mosquitoes may be breeding there. Mr. Stratlunan asked has she called the police about the vehicles. Ms. Mazzara responded that Parking Enforcement has been uncooperative. She calls the Mayor's Complaint O� ce, and the work gets done. It can take months for the vehicIes to be removed. Three months is the longest she has seen a vehicle pazked there. This has not occurred since the last time she had something towed, which was a few weeks ago. Mr. Strathman asked are there any vehicles there now. Ms. Mazzara responded there are not. Tf the owners wouid compiy with the five conditions recommended, she would be happy. � ■ ■ icense pp ica on o e ipe amantego dJbla Tech Auto Service — Cify's Exh. No. 7 —, HIGH TECH AUTO SERVICE - 943 MAFZYLAND AVENUE EAST o�as Page 2 ��` �� Mr. Sirathman stated Ms. Mazzara made reference to an eight foot pile of garbage, and he asked did Mr. Zangs see it yesterday. Mr. Zangs responded he saw a trailer full of wood debris. He contacted the property owner about it, who agreed that it should be removed, but the tenant is suppose to get rid of it. Mr. Zangs told the owner that he is responsible for the activities of his tenants on this properry, and that Mr. Zangs would have a frank discussion with the tenant regazding this. If the license is issued with these conditions, LIEP wili enforce them. If there is no compliance, LIEP will start adverse action against the license. Mr. Strathman stated Ms. Mazzara's letter refers to the grass being 18 inches high. Mr. Zangs responded that the owner hired someone to cut the grass. Mr. Zangs reviewed the lease and according to his interpretation of it, the tenant is responsibie for mowing the grass. It has been cut. Ms. Mazzara stated the grass is growing again. Right behind the building there is an eight foot pile of brush, tires, boazds. Mr. Zangs responded he received notice from Housing that there are outstanding orders on this property. council sent a letter to the and stated in April, the the eunaing ana deve�o ��n�th�re, At its May meeting, the plamm�g council recommended the City deny this license. PED (Plaruuug and Economic Development) is in negotiations with Mrs. Federoski (phonetic) to purchase the property and demolish it. Mr, Ogren feels it would be counterproductive to grant an licenses. Someone has been operating a business out of the oca on up unt�l the planning council's June board meeting. There aze approximately 15 cazs on tl�is site right now and there may have been up to 25 cazs. It is more like a junkyazd. This has been going on for several years. This is a visible location on Maryland Avenue. It projects the wrong image of the East Side, which is something they are trying to change. Councii President Dan Bostrom is in support of the City purchasing the property and it is going fonvard according to his conversation with Mr. Bostrom on Saturday. Mr. Strathman asked has he seen the conditions proposed for this license. Mr. Ogren responded he has not seen them, but he heard what Mr. Zangs said. Mr. Ogren has heard the same conditions before. It will solve nothing on the East Side. ` Even with those conditions, asked Mr. Strathman, you stili maintain your objecfions to the license. Mr. Ogren responded absolutely. The planning councii wants to see tYus building demolished and the site redeveloped. It is counterproductive to issue a license because it may impair the City's ability to gain control of the property. The question is what ability does the City have to cancel the license, demolish the building, and develop it. Mr. Strathman stated he is hearing people testify that this business has been operating for two to three years. Mr. Zangs responded one of the problem with the site is the transient tenants. Over J� . HIGH TECH AUTO SERVICE - 943 MARYLAND AVEN,UE EAST 0 � � Page3 �� the last coupie of yeazs, tenants have starYed businesses, they aze told to get licenses, and by the time it gets to the final end of processing the licenses, the tenanfs aze gone. Mr. Strathman asked how long the current applicant has been operating a business here. Mr. Zangs responded the applicant received a notice in January of this year to apply for a license; it has been at least that long. Felipe Samaniego, applicant, appeared and stated he did not know flus site had a lot of problems in the past. He can comply with the condifions. He can move a11 the cars and clean the property He talked to the owner about painting it because he is a painting contraetor. Mr. Strafhman asked how long he has been there. Mr. Samaniego responded he has not been working there. He just applied for the license. His partner has his tools there and goes there periodically. Mr. Strathman asked is he operating a repair business there right now. Mr. Samaniego responded no. He has been closed since he applied for the license. Sometimes it is open because his partner is cleaning his tools and.taking tools out of there. Mr. Samaniego has his own business. As soon as he gets his license, he will start working at 943 Maryland. Is that what has been observed, asked Mr. Strathman. Mr. Zangs responded he observed someone working on a white Chrysler inside the building yesterday. The hood was up, and this person had to clean his hands because he had been working. Ms, Mazzara responded that last week there was no business going on there, but this week it started up again. Mr. Strathman asked would he agree to the conditions proposed here. Mr. Samaniego responded in the affirmative. Mr. Zangs stated he would like an additional condition about no vehicles pazked in the alley because there is always a problem about the ownership of cars there. Mr. Samaniego stated that condition would be okay. Ms. Mazzara stated the City buying the property interests her, but she realizes that people have to make a living. Well run businesses are okay, too. Mr. Strathman stated if there was a history of this owner flagrantly disregazding the rules of the City, it would seem there would be a basis for not approving the license. Mr. Ogren stated he thought Mr. Zangs indicated Yhat the applicant has been doing business since January. They were doing business there without a license as of yesterday according to Mr. Zangs. They were doing business even though they were scheduled for a legislative hearing today and even though they appeazed before the District 5 Planning Council. Mr. Ogren would call that a callous disregazd for the law, the neighborhood, and the district council. �° HIGH TECH AUTO SERVICE - 943 MARYLAND AVENUE EAST O - 5 Page4 ��" �� l Mr. Strathman stated it is often the case that businesses start off and there is a long time before they get a license. While what may have happened here is not good, it is not uncommon and not a basis for denying the license. i3nder the law, Mr. Qgren asked, isn't the business suppose to have a license before they conduct business. They aze, responded Mr. Strathman, but as a matter of practice, many people do not know they are suppose to have a license or they apply for a license and it takes months for it to be approved. As a practicai matter, if that would be a basis for denying licenses, a lot of licenses would be denied and a Iot of havoc would be created in the City. T`hat fact alone is nof enough to deny a license. Mr. Strathman does not feel this applicant can be held responsible for all the bad things that have happened previously. Mr. Strathman asked is it correct that people operate without a license during the license application process. Mr. Zangs responded it is a practice that goes on: Ttiere are circumstances where it happens a lot. Gerry Strathman recommended approvai of the license with the six conditions that the applicant has aa eed to, which aze listed below. This wi11 be on the City Council agenda for July 26, 2000. i) Pazking for customers and employees shall be in the areas designated in the site plan on file with the O�ce of LIEP. Parking in other azeas of the lot is prohibited until a site plan is approved by the Office of LIEP for any expansion of the pazking surface. 2) Only customers and employee vehicles may park on the lot. 3) Vehicle salvage is not permitted. 4. Vehicles with major body parts removed, vehicle parts, tires, oii, or similaz items may not be stored outdoors. 5) No repair of vehicies may occur on the exterior of the lot or in the public right-of-way. 6) Vehicles awaiting repair and employees vehicles shali not be pazked or stored in the adjacent alley. The meeting was adjoumed at 11:25 a.m. rrn (Note: These six conditions have been signed by the applicant.) 04/20/O1 01:08 FA% _ ,�� -,::�_}-, D 1 5 T R I C T F 1 V E P L A N N i N l'uiper - l�Irnla l t Ta: Geay StraLhman Corinne Asuncaon Fmm: Bmce Sylvestet, District Five Planning Council �i� Uate: Re: June 28'", 2000 Licease Applicatioa for 943 Maryiaad G C¢j 02 � �� C 0 U N C Our organizafloa ceviewed the reqtiested Auto Repair Csazage Liceflse for the business located at 943 Maryland at a commumty meeting on 3une 15'�. The &cense applicant joined tlus meeting. Concems from aeighbors weze numerous, and included • The honible condifion of the building and lot, • The excessive numbea of vehicles which oftea seem to be permanene fixhues oa the !04 and the adjoining street, • Coacecns a6out auto-repaic vrork 6eing performed illegaliy ia the alley and late into the night,aud • The existence of undergound gasoline tanks, ' Due to these and other concems, ow organizatian voted to oppase the zeauested auto renair r:arage license at this address. The property and business located at 943 Maryland is a deuimenk to our community. The business is poorly maoaged. We stroagly enco�uage that the City Departmeat of Inspections investigate the property and tag the property owner for code violations. If a license must be granted, we sincerety hope the City will imgose coaditions upon the license that address nur concems as tisted above. If you ]�ave quesdons or need mare information about or concerns or request, please call me at 774-523A. Cc: Daa Bosh�om JUN-28-2000 17�31 1074 Payne Avenue Saint Paul, Minnesota 5 7ei# 7745234 Pax# 774� �cense pp ica aon o e ipe amamego ■ d!b!a High Tech Auto Service Cify's Exh. No. 2 —, - :`. � �,�_ — ��. ::t: GERftY STRATHMAIV D�rettor CITY OF SAINT PAUL Corinne Asuncion �O �q � LIEP 300 Lowry Professional Building COUNCIL INVESTIGATION AND RESEARCH CENTEB NOTICE OF LEGiBLATIVE HEARII3G Felipe Samaniego, Owner High Tech Auto Service 274 Annapolis Street East West Saint Paul, �Sinnesota 55118 Mr. Samaniego: Objections have been raised to the issuance of your Auto Repair Carage License at 943 Maryland Avenue East. You are invited to attend and participate in a hearing before the Legislative Hearing Officer regazding these ob}ecrions. The LegisiaYive Hearing will be held on: DATE: TIME: PLACE: Thursday, July 13, 2000 ll:00 a.m. Saint Paul City Ha11/Ramsey County Courthouse Third Floor, Room #330, Committee Hearing Room 15 WestKellogg Blvd. Saint Paul, Minnesota 55102 At this hearing, the Legislafive Hearing Officer will take testimony from all interested persons. At the end of this hearing, he wili make a recommendafion as to whether trus license should be approved, approved with conditions, or referred to an Administrative Law Judge. The City Councii will have the fmal authoriry to grant or deny this license. c: Council President Aan Bostrom Complainants Payne Phalen District 5 Planning Council Payne Arcade Business Associahon East Side Neighborhood Dev. Co. Virginia Palmer, City Attorney's Office LIEP Staff Norice Mailed: 7/6/2000 ciz xaL�. sUI'rE 310 SA1NT PAUL, t�t11• lcense lp ie�ion o�"F�'e ipe amaniego ■ d(b/a 7iigh Tech Auto Service '�" City's E�. No. 3 — Pnnced on Recyckd Pscer Pil'l I I � �eee, I . RECEIPT FOR APPLICATlON Date of Application: May 01, 2000 Received From: 2000o0o2as9 FELIPE SAMANIEGO HIGH TECH AUTO SERVECE 943 MARYLAND AVE E ST PAUL MN 55706 In application far: Auto Repair Garage ( t ) EH Date: Jul Ot, 2000 • F�cp Date: Ju101, 2001 lic Fee: Total Due a� this app(ication 5317.OU Other Fees Owed $o.00 Account Total Amount Due 8317.00 Amount Paid $317.00 Date Received May �1, 200� Outstanding Account Balance Due $D.DO Corrtacts: Project Facilitator. MARTENS, CORINNE (657) 26&9106 Inspector(s): SCHWEINLER,KRISTtNA{KRIS) License (65t}266-9110 ZANGS, LAWRENCE (LARR`� Zoning (651) 2665083 WINGS, SHERRY Gonditions: Requirements: 30 Days Notifiption Fre Inspection - Sherry Wings 228-6235 Lease Agreement, Purchase Agreement, or Pr�oj 7� hip Notifiption Ietters to neighDors/organiza � Notify Disfid and City Counais !.� f� i- ��.� C�1�� Project Fac. Note: Response date fof objections eacpired Record Chedc Site Plan Zoning Inspection �� e� �� C1TY OF SAINT PAUL ��` `�� OFFlCE OF LICENSE. INSPECiIONS AND ENVIRONMEMAL PR07EC710N 35o SL Pet� St Sude 900 Sa'urt Pam'. lSmnasata 55171 {[571 �-� � C�`71 266-9724 $317.00 Amount Paid: $317.00 NOTIFY: .3� �C7Q0 MAILED: CONTACT PHONE: LIQUOR: This i5 not d LiCense t0 O icense pp tcatton o e►pe amaniego � d/b/a High Tech Auto Service Page 1 of 1 — Cl ty's Exh. No. 1 � � n �� q�� O CLASS N LICENSE APPLICATION '�THIS APPLICATION IS SUBJECI' TO REVIEW BY TF� PiJBLIC PLEASE TYPE OR PRINT' 1N INK LICENSES ARE NOT TRANSFERABLE PAYMEI3T MUST BE RECEIVED WITH EACH APPLICATION Type of License(s) being applied for. Projected date of opening: ��"�'��,�c� ��'� 3� -4' J., Company Name. � d "'� �;� ;'��° �°�; ( Partnership / Sole Proprietorship If 6usiness is incoroArated, �ive late of incoipoiation: BusinessName{DBA) �'��*;'��:=� � '� Business Address (business locatian): ��v ;;� , � Stteet (#, Name, Direction) Between what cross streets is the business located? Are the premises now occupied? _�_ 4Vhat Type of Business? Mail To Address (if different than business address); a27�{ �nnG D Applicant Informarion: Name and Tide: �' "�-� ` Ficst HomeAddress: �"I�11:�• State Zip+4 Which side of the street? Title Street (tI, Name Type Direcnon) Qty T State Zip+4 Date of Birth: C"3:1 �"i.� . � � «°': ; ' place of Birth: : �:+� i � ' � ' Home Phone: �`^�(�1 ` � �� Have you ever been wnvicted of any felony, crime or violation of any ciry ordinance other ffian traffic? YES NO � Date of arrest: Charge: _ Conviction: Sentence: List licenses which you cucrently hold, formerly held, or may have an interest in: _ u Aaye any of the above named licenses ever been regoked? Are you going to operate this business personally? X YES YES CITY OF SAIN't PAUL Office of Licrnse, Inspections and Environmenrai Prutection 3505c PqcSt Srritc300 SancPaul,`.fi�mcscm SSL02 (6511 266-9 0 9 0 fs(65l)266.91]A � 317.a BusinessPhone:(�`�1 ��"�.�.�� City � NO lf yes, list the dates and reasons for revocation: NO If not, who will operate it? First Name Middle Initial (Maiden) I,ast Date of Sirth Home Address. Stree[ (#, Name, Type, D�rechon) Ciry State Zip+4 ( Phone Number Are you going to have a manager or assistant in this business? 1'ES X NO If the mauager is not the same as the operator, please complete the following informarion: FirstName Middlelniha] Where? (Maiden) Home Address. SVeet (H, Name, Typz, Directmn) Ciry Sfa[z Zip+9 ( Phone Numbzr mn �nnnn SVeet (#, Name, Type, DireCtionJ Ciry Sta[e Zip+4 Please list your employment history for the previous five (5) year penod: Business/Euwlovment . Address � Firs[ N'atne Middle Initlal (Ma�den) Las[ Date of Birth � ) Nome Address: Street (#, Tiame, Type, Direction) CiTy Siate ZipT3 Phone Number First Name Middle initiaf (Maiden) Last Date of Birth ( ) Home Address: Stteet (N, Name, Type, Direction) City State Zip+4 Phone Number MINNESOTA TAX IDENTIFICATION NUMBER - Pursuant to the Laws ofMinnesota,1984, Chapter 502, Article 8, Secrion 2(270.72) (Tax Clearance; Issuance of Licenses), licensing authoriries are required to provide to the State of Minnesota Commissioner of Revenue, the Minnesota business tax identif cation number and the social security number of each license applicant. � Under the Minnesota Government Data Pracrices Act and the Federal Privacy Act of 1974, we aze required to advise you of the following regazding the use of the Minnesota Tax Identification Number: - This information may be used to deny the issuance or renewal of your license in the event you owe Minaesota sales, employei s withholding or motor vehicle excise taxes; -Uponreceivingthisinformation,thelicensingauthoritywillsupplyitonlytotheMinnesotaDepartmentofRevenue. However, under the Fedeta3 Exchange of Infozmarion Agreement, the Depamnent of Revenue may supply this information to the Internal Revenue Service. Minnesota Tax Identification Numbers (Sales & Use Tax Number) may be obtained from the State of Minnesota, Business Records Denar[men[, b00 Robert Street North, Saint Paul, MN (b51-296-6181). Minnesota Tax Identification Number: �'�(} � � `.1 Q If a Minnesota Tax Idenfificaflon Number is not requaed foc the business being operated, indicate so by placing an"X" in the box. CERTIFICATION OP WORKERS' COMPENSATION COVERAGE PURSUANT TO MINNESOTA STATUTE 176.182 I hereby certify that I, or my company, am in compliance with the workers' compensation insurance cocerage requirements of Minnesota Statute 176.182, subdivision 2. I also understand that provision of false informarion in this certification constitutes sufficient grounds for adverse action against all licenses held, including revoc�tion and suspension of said licenses. _. Name of Insurance Company �_ - � p�an - - '�. ' �Yf' � -. Policy Number '' -'� �-= ;- ° Coverage from • �` _'� I have no employees covered under wotkers' compensation insurance -,< ` i' (INITIALS) t� ;,v- � �:. -. . � -.x: `rrz-�,� . -�,� �.,= - OJ I h/2000 List alI other officers of the coipomtion: OFFICER TITLE HOME HOME BLiSIi�IESS DATE OF N.4iLfE (Office He1d) ADDRESS PHONE PHONE BIRTH If business is a parmership, please include the following information for each partner (use additional pages if necessary): ANY FALSIFICATION OF ANSWERS GIVEN OR MATERIAL SiJB1VIITTED WII.L RESULT L�I DENIAL OF THIS APPLICATION E-Mail Address I hereby state tUat I Lave answered all of the preceding questions, and that the informarion contained herein is �ue and conect to the best ofmy knowledge and belief. I hereby state further that I have received no money or othez consideration, by way of loan, gift, con�ihution, or otherwise, other than already disciosed in the application whicfi I herewith subtnitted. I aLso understand this premise may be inspected by police, Fue, heaith and other city officials at any and all times when the business is in opeiation. Preferred methods of communicafion from this office (please rank in order of prcfe aes �e -"1" is most prefened): ( Phone Number with azea code: (_(�) �--lIG �S`I ' S�2' $7 1 v Extension (Circle ihe type of phone number you have listed above: Business Hom� Ce Fax Pager Phone Number with azea code: (_ ) Exteasion (Cucle the type of phone number you have listed above: Business Aome Cell Fax Pagei ) *�Iail: Street (#, Name, Type, Direc[ion) Ciry State Zip+4 Intemet: We will accept payment by cash, check {made payable to City of Saint Paul) or credit card (Maste�Card or Visa). IF PAYING BY CREDIT CARD PLEASE COMPLETE THE FOLLOWING INFORMATION: � MasterCazd � V isa EXPIItATION DATE: � � � � Name of Cardhotder ACCOUNT' NUMBER: op q�� '. of Cazd for all Date **Note: If this application is Food/Liquor related, please contact a City of Saint Paul Health Inspector, Steve Olson (266-9139), to review plans. If any substanfial changes to shvcture are anticipated, please contact a City of Saint Paul Plan Examiner at 266-9007 to apply for building permiu. If there aze any changes to the pazking lot, floor space, or for new operadons, please contact a City of Saint Paul Zoning Inspector at 266-9008. 0�/ifi/?000 SPECIFIC LICENSE APPLICATIONS REQUIRE ADDITIONAL INFORMATION. PLEASE SEE REVERSE FOR DETAILS >>>> . � j . ' , ;'' . i � � � � � � �`1.� i ' � w V \ �� J \) ` � � l�+ � � � � ti �?.� � � � ... �1 � �L :�> � \ \ \ 1 L \ � `' rV •� . 'h � � `'l � � � ------ - �•----' - t � \ � ` � � €'�—�—____�- _ -�t1 : -� � rS _� � S . -„ . 1Z > C _� iU� �� a: �.� y \ 1 � � � � \ ``� � i � � ',.` , � C.� U � ? ; \ � V I � ^ (`� �--.__> 9 _ - - - - _. . � � r � ` ^ � � ti ._ .1 C�. �\ � v '� i � 3 � uC � _ � � t � 1 M '-+ � � � , _ , L \ � � a �,. ' J � ry ��- � `V ; � , ! � � c � � � � \ � . � \ v � �� ; � . 'Z � � � �� \ J \ _\ �; � �o�� ,� c —� `V �? �� : �' � � _ � .Y ' ` � � J 1 � --= � o � � � � N f` � �� 7!` � � � 1 : J 1 y T � � �� . —� � . �+J J � STATE OF MIlVNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 September 12, 2000 Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, Minnesota 55102 Re: In Re the License Application of Felipe Samaniego, d!b/a High Tech Auto Services; OAH Docket No. 12-2111-13124-3. Dear Mr. Owusu: Enclosed is a copy of the tape recording from the hearing in the above- referenced matter heard on September 7, 2000. The record was returned to you on September 11. Sincerely, � ��?C��r ��-�/2�'/�'U � SANDRA A. HAVEN Administrator of O�ce Services Te{ep hone: 612/341-7642 sh Enc., Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Adminisirative Law Section &Administrative Services (612) 341-7600 �7TY No. (612) 341-7346� Fax No. (612) 349-2665