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01-1012ORIGINAL CouncilFile# �� ,� Green Sheet # � �� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date �O 9 �l3 Mao�4..a. A�� E�s4 1 RESOLVED, that the auto repair lic�se held by Felipe Samaniego, d/b/a High Tech 2 Auto Service (License ID#: 20000002049) be suspended until such time as the conditions on the 3 license with respect to paving the pazlang and vehicle storage azea of the lot and striping the 4 designated parking spaces and replacing the fence on the northern and eastern property lines have 5 been me. In addirion the Licensee shall be required to pay a fine of $500 for being in violation of 6 the conditions on the license, said fine to be paid to the Office of License, Inspections and 7 Environmental Protection within thirty (30) days of the adoption of this resolution. 10 11 12 13 14 15 16 17 18 19 20 21 FiJRTHER RESOLVED, that the findings of fact and conclusions of law contained in the ALJ Report in this case dated August 30, 2001 are adopted as the written findings and conclusion of the Council in this matte This Resolution is based on the record of the proceedings before the ALJ, including the hearing on August 28, 2001, the documents and exhibits introduced therein, the findings of fact and conclusions of law of the ALJ as referenced above and the arguments and statements of the parties at the public hearing on September 19, 2001 and the deliberations of the Council in open session at that hearing. A copy of this Resolution, as adopted, shall be sent by first class mail to the Administrative Law Judge and to the Licensee. Requested by Department of: Adopted by Council: Date ��-_ �}O p� � Adoption Certified by Council Secretary By: � _ � � \ '-3—�_ i� Approved by Mayor: Date (��f/O �/ By: � By: Form Approved by City Attorn By: //C �� Approved by Mayor for Submission to Council By: CITY ATTORNEY xarnar aQZSOrv a �orie Virginia Palmer 266-8710 JST BE ON COUNCILAGENDA BY @4T� o�- ��. _ ��„�. _ _ 9i26io� GREEN SHEET No �� 3�74 FOR u�� u��— ❑ tllYAiiOR1EY ❑ OIYCLFRK _ ❑RIYIqfLiERMCFiOR ❑AIYiCLV.iER�6KCT6 ❑ YYOR�OI[A696GMi ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) TOTAL � OF SIGNATURE PAGES rning adverse action regarding the Auto Repair License held by Felipe Samaniego, dba Tech Auto Service, 943 Maryland Avenue East. (Public Hearing held on September 19, 200 PLANNING COMMISSION CIB COMMIiTEE CML SERVICE CAMMISSION IFAPPROVED OF TRANSACTION S SOURCE Flss mis persorJfirtn e+er wwkea unaer a convea r« u,is aepamneM? VES NO Fias tlus persoMfirm B�.et been a cdy anpbyee7 YES NO Does this persoNfiim possess a sldll not namallypossessed by arry wrtent ciry employee7 YES NO Is ttiia perswJfiim a targMetl vendoYl YES NO COST/REVENUEBUDOEfm�CIRCLEONE) YES ACTNRY NUMBER NO OFFICE OF THE CITY ATTORNEY C[aytors M. Robiruon, Jc, Ciry Atlorney CITY OF SAINT PAUL Norm Coleman, Mnyor CivilDivision 400 Ciry Hal( I S Wett Kellogg Blvd. Saint Paui, Minnuota 55102 Telephone: 65! 266-8710 Facsimile: 651 298-56f 9 September 4, 2001 NOTICE OF COUNCIL HEARING Felipe Samaniego High Tech Auto Services 943 Maryland Avenue East Saint Paul, Minnesota 55106 4 f�t?,: tG� �'� �� 2�°�r RE: Auto Repair Garage License held 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 on the report of the Administratave Law Judge conceming the above-mentioned license has been scheduled for 5:30 p.m., Wednesday, September 19, 2001, in the City Council Chambers, Third Floor, 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 argument 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 ttie arguments made and exceptions filed, but may depart from the recommendations of such 7udge as permitted by law in the exercise of its judgement and discretion. Sincerely, � /4.��,� � Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Paul Maruska, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101-3933 O \- �O\?- 1-6020-14414-3 � STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE SAINT PAUL CITY COUNCIL fn Re fhe License Application of Felipe FINDINGS OF FACT, Samaniego, d/b/a High Tech Auto Service CONCLUSIONS, AND RECOMMENDATION The above-entitled matter came on for hearing before Administrative Law Judge George A. 8eck, serving as hearing examiner for the Saint Paui City Council, at 9:30 a.m. in Room 220B, St. Paul City Hall, on August 28, 2001. The record was ciosed upon adjournment of the hearing fhat day. Virginia D. Palmer, Assistant City Attorney, 400 City Ha{f, 15 West Kelfogg Bfvd., St. Paul, MN 55102, appeared on behalf of the St. Paul Office of License, Inspections, and Environmental Protection (LIEP). Felipe Samaniego, 274 Annapolis St. E, West St. Paul, MN 55118 failed to appear at the hearing. NOTICE This Report contains a recommendation, not a final decision. The Saint Paul City Council wiil make the final decision after reviewing the record and may adopt, reject or modify the Findings of Fact, Conclusions and Recommendation in this report. Pursuant to Section 310.05 of the Saint Paul Legislative Code, the City CounciPs final decision shall nof 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 alieging error on the part of the Administrative Law Judge 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 CoGncil, 310 CEty Hall, Saint Pau!, MN 55102, te ascertain the procedure for presenting argument to the Council. STATEMENT OF ISSUE Should adverse action should be taken against Mr. Samaniego's license to operate an auto repair garage at 943 Maryland Avenue because of violations of the conditions of his license? Based upon ail of the proceedings in this matter, the Administrative Law Judge makes the foliowing: o � _ to�. FINDINGS OF FACT 1. Felipe Samaniego d/b/a High Tech Auto Service was issued an auto repair license by the City on October 11, 2000, to operate an auto repair business at 943 Maryland Avenue E.' 2. Nine conditions were placed on the license. Two of the conditions were: 7. Licensee shall pave the area where parking and storing of customer and employee vehicles is permitted as identified on the site plan. Such paving must be a permanent dustless surtace, and the parking area must be striped to designate where parking of vehicles is permitted. Paving a�d striping must be completed by October 31, 2000. 9. Licensee shail remove the existing fence on the northern and eastern property lines and replace it with a solid wood fence which is eight feet in height, no later than October 31, 2000. 3. Mr. Samaniego specifically agreed to the nine conditions being placed on his license. 4. After receiving two complaints, a City zoning specialist wrote to Mr. Samaniego on December 4, 2000 to remind him of the conditions on his license. The zoning speciafist agreed to extend the compfiance date for items 7 and 9 if the licensee was in compliance with the other conditions by December 15, 2000. The fetter advised the licensee that failure to comply wouid cause the City to seek adverse action against his license 4 5. On May 31, 2001 the zoning specialisf wrote to the license noting that the conditions for items 7 and 9 had stili not been met and advising the licensee that the case was being forwarded to the City Attorney's office. 6. The Assistant City Aftorney sent Mr. Samaniego a Noticz oi Violafion on June 18, 2001 asking whether he disputed the facts and whether he wanted an evidentiary hearing before an Administrative Law Judge. 7. Mr. Samaniego responded on June 26, 20�1 stating that he was contesting the facts. He stated that the owner of the lot would not agree to reduce his � Exhibit 2. 2 Ex. 2. 3 Ex. 3. ` Ex. 5. 5 Ex. 6. 6 Ex. 7. E o�_ 1 rent if he paved the lot and put up a fence, and he felt it was unfair for him to have to pay. 8. The case was then scheduled for a hearing before an Adminisfrative Law Judge on August 28, 2001 and the licensee was mailed Notice of the Hearing on July 25, 2001. 9. Mr. Samaniego failed to appear at the hearing on August 28, 2001, and is therefore in default. Based upon the foregoing Findings of Fact, fhe Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the City Councii have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and the St. Paul City Legislative Code §§ 310.05- 310.06. 2. The City gave Mr. Samaniego timely notice of the hearing in this matter by serving him by mail on July 25, 2001. 3. That Mr. Samaniego has failed to comply with two conditions of his auto repair license that required him to pave and stripe the parking area of his business by October 31, 2000 and to remove and replace the existing fence by October 31, 2000. 4. Under § 310.06(b)(5) of the St. Paul Legislative Code, failure to comply with the conditions of a license is grounds for adverse action. Based upon the foregoing Conclusions, the Administrative Law Judge makes the foliowing: RECOMMENDATION IT IS RESPECTFULLY RECOMMENDED that the City Council order that adverse action be taken against the auto repair license held by Felipe Samaniego, d/b/a High Tech Auto Service. Dated this 30 day of August, 2001. ' Ex. 8. e Ex. 9. 9 IBid. �� GEORGE A. BECK Administrative Law Judge 3 STa� oF Mnvr�soTA � �-��, OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 August 30, 2001 Fred Owusu, City Clerk City of St. Paul 170 City Hall 15 West Kellogg Bivd. St. Paul, MN 55102 RE: In Re the License Application of Felipe Samaniego, d/b/a High Tech Auto Service; OAH Docket No. 1-6020-14414-3 Dear Mr. Owusu: 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. Also enciosed is the official record, with the exception of the tape recording of the hearing. A copy of the tape will be sent to you under separate cover. Our file in this matter is now being closed. Sincer� 9y, — r GEORGE A. BECK Administrative Law Judge Telephone:612/341-7601 GAB:aws cc: Virginia D. Palmer, Asst. City Attorney Felipe Samaniego (2) 42�C�l�Et� AU(3 �'f �OOS t..� e � �.�El�S, Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section &Administrafive Services (6�2) 34i-7600 �TTY No. (612) 341-7346� Fax No. (612) 349-2665 d , � /-/bl a-- 1-6020-14414-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE SAINT PAUL CITY COUNCIL In Re the License Application of Felipe FINDINGS OF FACT, Samaniego, d/b/a High Tech Auto Service CONCLUSIONS, AND RECOMMENDATION The above-entitled matter came on for hearing before Administrative Law Judge George A. Beck, serving as hearing examiner for the Saint Paul City Council, at 9:30 a.m. in Room 220B, St. Paul City Hall, on August 28, 2001. 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 Office of License, Inspections, and Environmental Protection (LIEP). Felipe Samaniego, 274 Annapolis St. E, West St. Paul, MN 55118 failed to appear at the hearing. 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 of Fact, Conclusions and Recommendation in this report. Pursuant to Section 310.05 ofi the Saint Paul Legislative Code, the City Councii'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 alleging error on the part of the Administrative Law Judge 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 should contact the Saint Paul City Council, 310 City Hall, Saint Paul, MN 55102, to ascertain the procedure for presenting argument to the Council. STATEMENT OF ISSUE Should adverse action should be taken against Mr. Samaniego's license to operate an auto repair garage at 943 Maryland Avenue because of violations of the conditions of his license? Based upon all of the proceedings in this matter, the Administrative Law Judge makes the following: d / -/o � a-- FINDINGS OF FACT 1. Felipe Samaniego d/b/a High Tech Auto Service was issued an auto repair license by the City on October 11, 2000, to operate an auto repair business at 943 Maryland Avenue E.' 2. Nine conditions were placed on the license. Two of the conditions were: 7. Licensee shall pave the area where parking and storing of customer and employee vehicles is permitted as identified on fhe site plan. Such paving must be a permanent dustless su�Face, and the parking area must be striped to designate where parking of vehicles is permitted. Paving and striping must be completed by October 31. 2000. 9. Licensee shall remove the existing fence on the northern and eastern property I+nes and replace it with a solid wood fence which is eight feet in height, no later than October 31, 2000. 3. Mr. Samaniego specifically agreed to the nine conditions being placed on his license 3 4. After receiving two complaints, a City zoning specialist wrote to Mr. Samaniego on December 4, 2000 to remind him of the conditions on his license. The zoning specialist agreed to extend the compliance date for items 7 and 9 if the licensee was in compliance with the other conditions by December 15, 2000. The fetter advised the licensee that failure to comply would cause the City to seek adverse action against his license. 5. On May 31, 2001 the zoning specialist wrote to the license noting that the conditions for items 7 and 9 had still not been met and advising the licensee that the case was being forwarded to the City Attorney's office. 6. The Assistant City Attorney sent Mr. Samaniego a Notice of Violation on June 18, 2001 asking whether he disputed the facts and whether he wanted an evidentiary hearing before an Administrative Law Judge. 7. Mr. Samaniego responded on June 26, 2001 stating that he was contesting the facts. He stated that the owner of the lot would not agree to reduce his � Exhibit 2. 2 Ex. 2. 3 Ex. 3. ° Ex. 5. 5 Ex. 6. 6 Ex. 7. 2 � f� fb r � rent if he paved the lot and put up a fence, and he felt it was unfair for him to have to PaY � 8. The case was then scheduled for a hearing before an Administrative Law Judge on August 28, 2001 and the licensee was mailed Notice of the Hearing on July 25, 2001 $ 9. Mr. Samaniego failed to appear at the hearing on August 28, 2001, and is therefore in default. 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 and the St. Paul City Legislative Code §§ 310.05- 310.06. 2. The City gave Mr. Samaniego timely notice of the hearing in this matter by serving him by mail on July 25, 2001. 3. That Mr. Samaniego has failed to comply with two conditions of his auto repair license that required him to pave and stripe the parking area of his business by October 31, 2000 and to remove and replace the existing fence by October 31, 2000. 4. Under § 310.06(b)(5) of the St. Paul Legislative Code, failure to comply with the conditions of a license is grounds for adverse action. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS RESPECTFULLY RECOMMENDED that the City Council order that adverse action be taken against the auto repair license held by Felipe Samaniego, d/b/a High Tech Auto Service. Dated this 30 day of August, 2001. ' Ex. s. $ Ex. 9. 9 Ibid. ��,y��'� GEORGE A. BECK Administrative Law Judge 3 �l,/b r2— STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) AFFIDAVIT OF SERVICE BY U.S. MAIL Debra S. Aws, being first duly sworn, hereby deposes and says that on the 30 day of August, 2001, at the City of Minneapolis, county and state aforementioned, she served the attached Findings of Fact, Conclusions, and Recommendation; Docket No. 1-6020-14414-3 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 City of St. Paul 170 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Felipe Samaniego 274 Annapolis St. E West St. Paul, MN 55118 Virginia D. Palmer Assistant City Attorney 400 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Felipe Samaniego High Tech Auto Service 943 Maryland Avenue E. St. Paul, MN 55106-2620 i�J,." '`" � Debra S. Aws Subscribed and sworn to before me this 30 day of August, 2001. � n� � �. � Nota Public CYNTFI��' R � � NOTARY PUBIIC-M{N35 SZ�T4 � pr,y ComR�. E�. Jan. � o �,�v�� OFFICE OF ADA'IIlVISTRATIVE AEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In Re the Auto Repair Garage License held by Felipe Samaniego d/b/a High Tech Auto Service August 28, 2001 CITY'S PROPOSED EXI3IBITS TO: Judge George Beck, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list ofthe City's proposed eachibits forthe Administrative Hearing on August 28, 2001. Exhibit No. Exh. No. 1 E�. No. 2 Exh. No. 3 Exh. No. 4 Exh. No. 5 Exh. No. 6 Exh. No. 7 Exh. No. 8 Exh. No. 9 Description License Information Report, dated Augtxst 27, 2001 (2 pp.); Council Resolution # 00-949, dated October 11, 2000 (3 pp.); License conditions, signed September 27, 2000 (1 p.); Site Plan, dated March 23, 1999 (1 p.); Letter from Jeffrey Hawkins to Felipe Samaniego, dated December 4, 2000 •� PP•); Letter from Jeffrey Hawkins to Felipe Samaniego, dated May 31, 2001 (1 p.); Notice of Violarion, dated June 18, 2001, with Affidavit of Service (3 pp.); Letter from Felipe Samaniego to Virginia Palmer, dated June 26, 2001 (1 p.); Notice of Hearing, dated July 25, 2001, with Affidavit of Service (4 pp.). ., . . . _ .- p �_�Of �- Also attached please find courtesy copies of appiicable St. Paul City ordinances: St. Paui L,egislative Code § 310.05 St. Paul I,egislative Code § 310.06 Respectfully submitted this 28d day of August, 2001. (/ 0 Virginia . Palmer Assistant City Attorney Office of The City Attomey 400 City Hall 15 West Kellogg Boulevazd Saint Paul, Minnesota 55102 (612)266-871Q ��oo�o�000->v <,-� � �_-� o � o� o�o 7C >�jp�A>fJ�� O"a0 3 Nxp_O� ��O" 3 �� NOO n�wrnyo >�wm-�o�om,�a��oo�macnv Jn�NN�N NNN�N��N >> ° o ° o� ° o ° o ° ooe ° o°-� ° o� m ° 0 3 0�°_: ° o � o0 0 0oo3:ov_+vo<. 00 0_ D-c g 3 � _� o � ��N Tr��Zc�Z�r � N f� C � O ` W O p�"6 � O�- 3 4� -o ti C) tn O O O � _ � •� O N N (D O N Q: 0 � 3 3 � � 3 (D > > �' � C) Q ('� �- � � < <p 7 (Q p_(� N N (D " (D (O M � �- Q O n n O N L-� O N N n O O O n N'i O p � o D'^ j O- � o tn � N o� N N�` �-n N O 'smgo�� o`� �oamo� n � c - n �� p<D�p< 3 v C) �\� °�'y m fl- ".g° 3o m av �� v � o�� v � � N p � N � (n A N - ' 6 = " O� (D O � � fl' ' N ��(D N (7 3 '6 N � �L � 3 N 3 O_ �= N 0 7�� 3 � �mD� - 6 �' o my �T<o° �-��' � p Q�� m fQ = �� p m� v m �n� o� c m o C� o o � ° Q m m m v�'m � O m 3 �� v y - � - o <� � N � n m o o� n v D a� �� o my o v p �� o r � � o y D � � a N a� 3 � m m 0 3 - o ` o � p � v��o�D�a �� o � � ' 3 p � o m �, vg o � � � ��,o��= o.� � _ O fJ O � �Q fl O�, dt 7 3( p O O N � � l� a � cQ m � o � c o � o � K o v � � a o ^ ° � c � i ' Q � � � � m ti � K W � � N 1 � � � a� � � � r � �x � SA �� x R, ,S' C C z�`� oo� � "A�a C � ` V' �o �' � � A aC �� (O� � W�� j �IQ�UI fn A W NQ� -� ' �� m z� Qa � G< �3� � n�. tp O� � Ci C�'� (D O�(D N� n r N �. 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O 7 Z1 N � O .Z � N � N N O -+. N ORI�GINAL Presented By Referred To Council File # p y t� ---� Green Sheet n �Q ( p(. p 01 �d ��' Committee: Date 1 RESOLVED, that the application for an auto repair gazage license by Felipe Samaniego, 2 d/b/a High Tech Auto Service, for the premises at 943 Maryland Avenue East, is hereby granted, 3 subject to the conditions set forth below. FURTHEI2 RESOLVED, that the findings of fact, conclusions of ]aw and memorandum contained in the ALJ Report in this case, dated September 1 i, 2000, aze expressly ratified and adopted as the written findings and conclusions of the Council in the matter, and the recommendation of the ALJ is hereby adopted, with the addition of three conditions agreed to by the applicant on September 27, 2000. 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 following conditions shall be placed on the ]icense: 3. 4. 5. 6. Parking 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 until a site plan is approved by the Office of LIEP for any expansion of the parking surface. Only customer and employee vehicles may be parked on the lot. Vehicle salvage is not pennitted. Vehicles with major body parts removed, z parts, tires, oil or similaz 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. Vehicles awaiting repair and employee vehicles shall not be pazked or stored in the adjacent alley. 7. Licensee shall pave the area where parking 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 parking azea must be striped to designate where pazking of vehicles is permitted. Paving and striping must be completed by October 31, 2000. 8. I�'o vehicle may be parked on the lot for more than ten days. It shall be the responsibility of the licensee to insure that any vehicle not claimed by its owner is removed from the lot as permitted by law.� In Re The License Held by Felipe Samaniego "— d/b/a High Tech Auto Service —, City's Exh. No. 2 RESOLUTIO:�' CITY OF SAINT PAUL, MINNESOTA z� 3 A 6 7 8 9 10 11 � Licensee shall remove the existing fence on the northem and eastern property lines and replace it with a sold wood fence which is 8' in height, no later than October 31, 2000. 0 9yq This Resolution is based on the record of the proceedings before the Administrative Law _" �/ Judge, including the hearing on September 7, 2000, the documents and exhibits introduced therein, and the deliberations of the Council in open session on September 2S, 2000, and Applicant's consent to additiona] conditions. A copy of this Resolution, as adopted, shall be sent by first class mail to the Administrative Law Judge and to the Licensee Requested by Department of: Adoption Certified by Council Secretary B y' �y ��y _�� Approved by Mayor: Date By: �Y: U �� A �� Fo� Approved by City Aitorne� HY� � /L 2 u{ � ,� �J� Approved by Mayor for Submission to Council By: Adopted by Council: Date Q'��j{1A.n �� a�� D/ /Di� oo_�yy :tob�z 200o GREEN SHEET No 106068 Virginia Palmer 266-8710 T BE ON CIXJNCIL ACaQM BY (Wip �CLObCi l l, 20�� - COIISCTIL .eaen.n.�sc.w oncv+ca �nMY6t rpt RO{R�16 OROOt TOTAL� OF SIGNATURE PAGES ❑ CRYATTOIMY ❑ tlITCLiY! ❑1�ULL94llH1COi ❑w1MICW.�AWafa ❑avet174�at.w� ❑ (CtlP ALi LOCA710NS FOR SIGNAStSRE) Finalizing City Council action granting the applicarion for an auto repair gazage 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 COMMITTEE CML SERVICE CAMMISSION AMOUNT OF TRANSACTION Iti0M1fERVi� WNiRACIi MYi� 11NSWER THE FOLLAYlING QUES7ION5� �Vt aY{ �lf10I1�Yi11 NY MVIC� �I1Clf � Cpl�l� /flf dY{ �LbIMId'7 YES NO !it 1Nt D�/m w�r b�sn � aity Mnpby�s7 YES WO Oor Ws P�m D� a sWY not mmYlypxw�ed tri �nY ac�erR dH M+DbY�� YES IIO ktlr M�tavtirm � WpeESGNedoR YES NO �Yt� Y vr rwws m tewrMe aAr[ nd etterl� fe neen alret CO3TRIEVFNVE BUDOETED (CIRCLE ON� l �'1�P+YiJ`t.�� Ci�=:D f�� OFFICE OP LICENSE, INSPECTIONS AND y1 � I a. ENVIRONMENTAL PROTECTION V Robert Kessler, Oirector CITY OF SAINT PAUL Norm Coleman, Mayor LOWRYPROFESSIONALBUILDING Telephone'(65f)2669W0 Suite 300 FacvmJe: (65l) 2669099 3W St PeterSYreet (651) 2669124 Saint PaW, MinnemW 55f024510 I agree to the following conditions being placed on the following license(s): License #: Type of Business: Applied for by: 20000002�49 Auto Repair Garage FELIPE SAMANIEGO Doing Business As: HIGH TECH AUTO SERVICE at: 943MARYLAND AVE E ST PAUL 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 plan is approved by the Office 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. 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. 7. Licensee shaif only park and/or store vehicles on areas as identified in the site pfan. Such area musf�`'"�paved with a permanent dustless surface and striped to designate the spaces where parking is allowed. 8: No vehicle may be on the lot for longer than ten days. it shall be the responsibility of the licensee to insure that any vehicle not claimed by its owner is removed from the lot as permitted by law. 9. Licensee shall remove the existing fence on the northern and eastern property lines and replace it with a solid wood fence which is 8 feet in height. � �l � 3 �D � Lice ens e � Date � � In Re T'�e i,i�evse He;d by Fel:pe Sam��s��a — dib/a k�:�'� Tech ��.�to Sers�i�e — CEt,y Ex'�. No. 3 . � �� ;; , � � � i R ! � � 1 � � � ti � \ \ \ � � i C C � � J� H � n � v c � x � � � � J \ i � � � � r� � �..�e. � � , � �� _ _ � � - -, Z p I `O! a., ` :ra:'V.'�-� \ : o�-__'✓'- ' ---{ ,_,,-' I��1 �� +�� - - - � � h� \ � � � � \� ' ,` \ � � �� rn� \ �`; � � \ I � ` '\`�� \\ 1 ' �' . ` w � �� ^ � R � � �n � �a�i t`' � l� � �, ITi j � � ; J � � � � ` -- �_ , n .� � �� : ' << a y � I � �. J � J � �. �t \ - :� '� `" v : -� -c � � � ; W � � G` __ \ �, I 1 ^ � � � � l � � c � �` I _. ° } � � � "" ` __ � I , \ � � � c � � -- . i � i � I � ti 1 I I - � \ In Re The License Held by Felipe Samaniego — d/b/a High Tech Auto Service — City's Exh. No. 4 � � _� - c � ry � �, n� ! � _ � G �� \ _ a � � P < <. '}r K C �` . i �_ c - �� T � �—'� � =:,'-- �� e-� o> � � � I . �. � V � I � � I � lJ � � ;. / ,- / � b/ /D/�- CITY OF SAINT PAUL A`orm Co[eman, Ma}�or December 4, 2000. Felipe Samaniego High Tech Auto Service 943 Maryland Avenue E. St. Paul MN SS10fi Re: 943 Maryland Avenue E. Deaz Mr. Samaniego: OFFICE OF LICENSE, INSPECTIO\S AND ENVIRONMENTALPROTECTION i' Ro6ert Kessler, Direcior � /� / � LOWRYPROFESSIO.VALBUfLD/��'G Telepkone:651-2G6-9090 350 St, Peter Street, Suite 300 Facsimile: 651-266-9099 Sain(Pau/, Minnesola 55103-1i/0 6i1-266-912J On November 14"' a complaint was received in our office stating that you were in violation of the conditions of your license. This is the second complaint in two months for violations, the other on October 20"', 2000. I spoke to you at that time and explained the conditions to you and how the vehicles should be parked according to your site plan. I further explained that the site plan only allowed for twelve vehicles to be parked on the lot and that tl lot had to be paved and striped by October 31 �`, 2000. This has not been done as of this date, nar has the removal and replacement of the existing fence with a new solid wood fence. There are also fifteen vehicles parked in your side parking area which can only accommodate eight vehicles. It also appears that you aze parking employee and customer vehicles on the public right- of- way, Forest Street. This is not allowed and may not be used in the future for parking. I am again providing you with the license conditions for operating an auto repair business on this property. 1. Parking for custoraers and employees shall be in the areas desigirated 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 parking surface. 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 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. 7. Licensee shall pave the area where parking and storing of � � In Re The License Held by Felipe Samaniego — d/bla High Tech Auto Service —' City's Exh. No. 5 o!-�o� � 943 Maryland- page 2. customer and employee vehicles is permitted as identified on the site plan. Such paving must be a permanent dustless surface, and the parking area must be striped to designate where parking of vehicles is permitted. Paving and striping must be completed by October 31, 2000. 8. No vehicle may be on the lot for longer than ten days. It shall be the responsibility of the licensee to insure that any vehicle not claimed by its owner is removed from the lot as permitted by law. 9. Licensee shall remove the existing fence on the northern and eastern property lines and replace it with a solid wood fence which is 8 feet in height, no later than October 31, 2000. You have already violated the time table that was approved by City Council on October 11, 2000 for Items 7 and 9 of your conditions. If you comply with Items 1-6 and Item 8 by December 15, 2000 and stay in compliance I will extend your compliance date on Items 7 and 9 to Aprii 15, 2001. Failure to follow these conditions, bring this property into compliance and keep this business in compliance with the license conditions will cause this office to seek further legal.actions; including adverse action against the license holder and criminal citations against the license holder and property owners. If you have any concerns or questions, please call me at 6� 1-266-9083 Sincerely: �� Jeffrey J. Hawkins Zoning Specialist cc: Inez Fedorowski ol��o/a CITY OF SAINT PAUL Norm Colemme, Mayor May 31,2001 Felipe Samaniego High Tech Auto Service 943 Maryland Avenue E. St. Paul, MN 55106 Re: 943 Maryland Avenue E. Deaz Mr. Samaniego: OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Roger Curtis, Director � r/��i IAWRYPROFESSIONAL BUILDING Telephone.' 651-2669090 350 St Peter Street, Suite 300 Fatsimile: 6�I-2669124 SaintPaul,Minnesota�5IO2-I570 Web: w�vw.ci.sipaul.mn.us/liep On December 4�`, 2000, I sent you and the property owner at 943 Maryland Ave. E. a letter advising you both of the license conditions that the City Council approved on October I 1, 2000. I gave you an extension at that time to complete the paving and striping of the lot and to remove the existing fence and to instalk an 8 foot high privacy fence on the ttorth and east sides of the properry. The extension date of Apri115, 2000 has come and gone and the conditions have stilI not been met. The failure to comply with these conditions leaves this office no choice but to seek adverse action against your license. I have forwarded this case to the City Attorney's Office. If you have any questions, catl me at 651-266-9083. Sincerely; �/ "�/ - Jeffrey J. Hawkins Zoning Specialist cc: Inez Fedorowski � �,. �� G � P,+� �� Q�� In $e The License Held by Felipe Samaniego ' — d/b/a High Tech Auto Service — City's Exh. No. 6 „ - f -, u CITY OF SAINT PAUL Norm Co[enrnn, Mayor June 18, 2001 OFFIC�THE CITY ATTORNEY Clnymn M. �inson, Jr., CiryAttarney e J_/l�� V CivilDivision 400 City H¢I[ Telephone: 6il 266-8710 15 West Ke/logg B[vd. Facstmile: 651298-5679 Saini Paul, Minnuoia 55102 NOTICE OF VIOLATION Felipe Samaniego High Tech Auto Service 943 Maryland Avenue East Saint Paul, Minnesota 55106 RE: Auto Repair Gazage License held by Felipe Samaniego, d/b/a Hi�h Tech Auto Service, for the premises located at 943 Maryland Avenue East in Saint Paui License ID: 20000002049 Dear Mr. Samaniego: The Office of License, Inspections and Environmental Protection has recommended adverse action against the Auto Repair Garage License held by you, d/b/a High Tech Auto Service, for the premises located at 943 Maryland Avenue East in Saint Paul. The basis for the recommendation is as follows: On October 11, 2000 the City Council imposed nine conditions on the auto repair garage license issued to you, including requirements that you pave the parking and storage area of your lot and stripe the parking area to indicate where vehicles are allowed to park. This was to be done by October 31, 2000. You were also required to remove the existing fence on the northern and eastern property lines and replace it with a solid wood fence, 8 feet in height, by October 31, 2000. These matters were not completed by the required date, and by letter dated December 4, Z000, you were given au extension of time until April 15, 2001. As of May 31, 2001, the existing fence had not been removed nor a new fence installed and the paving and striping had not been completed. Failure to comply with conditions placed on the license is a basis for adverse action under Saint Paul Legislative Code §310.06. � In Re The License Held by Felipe Samaniego — d/b/a High Tech Auto Service — City's Exh. No. 7 - "- Yage 2 Felipe Samaniego June 18, 2001 � � 6l `D/� If you do not dispute the above facts please send me a letter with a statement to that effect. The matter will then be scheduled for a hearin� before the St. Paul City Council to determine what penalty, if any, to impose. You will have an opporiunity to appear and speak on your own behalf, or to have someone appeaz there for you. On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Administrative Law Judge (ALJ). If you wish to have such a hearing, please send me a letter stating that you aze contesting the facts. You will then be sent a"Notice of Hearing," so you will know when and where to appeaz, and what the basis for the hearing will be. In either case, please let me know in writing no later than Thursday, June 28, 2001, how you would like to proceed. If I have not heard from you by that date, I will assume that you are not contesting the facts. The matter will then be scheduled for the hearing before the Sf. Paul City Council. If you have any questions, feel free to call me or have your attorney call me at 266-8710. Sincerely, �� .�, � Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, LIEP Paul Maruska, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101-3933 .� - � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) � O/ /f�! a. AFFIDAVIT OF SERVICB BY MAIL JOANNE G. CLII�NTS, being first duly sworn, deposes and says that on June 18, 2001, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Felipe Samaniego High Tech Auto Service 943 Maryland Avenue E. St. Paul, MN. 55106 (which is the last known same, with postage prepaid, Minnesota. address of said person) depositing the in the U Subscribed and sworn to before me this 18th dav_of June. 2001. Notary Publi PETER P. PANGBORN NOTARY PUBIJC - MINNESOiA MY COMMISffiKHd EXpiRES JAN. �i, 2Wg . JUN Z " is; ��rY a� City of Saint Paul Civil Division 400 City Hall 15 West Kellogg BIvd. Saint Paul, MN 55102 � Dear Mrs. Virginia D Paimec � High Tech Auto Service 943 Maryland Ave East Saint Paul, MN 55106 t�! /oi �- This reply is in conespond to the letter dated June 18, 2001. I have read and understood the remaining conditions that I xnust comply with in order to prevent any adverse actions against my license. My response is as follows: I have been renting this property since October 2000. I do not have any obtiga6on, with the owner of the properiy, as far as maintenance is concerned. I have always complied with all the rutes and regulations by the Ciry of St. Paul. I have spoken with the owner of the property regarding these remaining requirements so that we can come to an agreement. I have offered to provide the materials to pave the parking lot and put up the fence in exchange for a reduction form the rent. However, she refuses to cooperate of to come to an agreement, claiming that they do not want to invest any money because they plane to se11 the property. I find it uniustfuly and unfair that I must pay the consequensce for something I am not liable for. Therefore, I am contesting the facts in the letter; I will like to settle this matter out of court. Therefore, I am seeking your advice as to how this matter should be resolved. Thank your ��/�� l ��a��'6 / In Re The License Held by Felipe Samaniego — d/b/a High Tech Auto Service — City's Exh. No. 8 � CITY OF SAINT PAUL Narm Coleman, Mnyor July 25, 2001 OFFI�F THE CITY ATTORNEY C[aylort obinson, Jc, CiryAttorney � � /�� l civit Divisiors 400CiryHa11 Telephone:651266-8710 ISWestKelloggBlvd. Facsimile:651298-5679 Sainf Paxl, Minnuo[a 55l01 NOTICE OF HEARING Felipe Samaniego $igh Tech Auto Service 943 Maryland Avenue East Saint Paui, Minnesota 55106 RE: Auto Repair Garage License held by Felipe Samaniego, d/b/a High Tech Auto Service, for the premises located at 943 Maryland Avenue East in Saint Paul License ID: 20000002049 Dear Mr. Samaniego: Please take notice that a hearing wili be held at the following time, date and place conceming all licenses for the premises identified above: Date: Tuesday, August 28, 2001 Time: 9:30 a.m. Place: Room 220, Conference Room B St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Steve M. Mihalchick Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-349-2544 ■ In Re The License Held by Felipe Samaniego — dlb/a High Tech Auto Service —, City's Exh. No. 9 D /-l0 /a-- - The Council of the City o�aint Paul has the authority to provide fo�earings conceming licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as foilows: On October 11, 2000 the City Council imposed nine conditions on the auto repair garage license issued to you, including requirements that you pave the parking and storage area of your lot and stripe the parking area to indicate where vehicles are allowed to park. This was to be done by October 31, 2000. You were also required to remove the existing fence on the northern and eastern property lines and replace it with a solid wood fence, 8 feet in height, by October 31, 2000. These matters were not completed by the required date, and by letter dated December 4, 2000, you were given an extension of time until April 15, 2001. As of May 31, 2001, the existing fence had not been removed nor a new fence instalted and the paving and striping had not been completed. Failure to comply with conditions placed on the license is a basis for adverse action under Saint Paul Legislative Code §310.06. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts ofthe procedures under section 320.05 ofthe Saint Paul I,egislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City wi11 then present its wimesses and evidence, each of whom the licensee or attomey may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition heaz relevant and material testimony from persons not presented as witnesses by either pariy who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. 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. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoanas may be available to compel the attendance of witnesses or The production of documents in conformity with Minnesota Rules, part 1400.7000. Notice of Hearing - Page 2 � a� /o/a— -^ ' Ifyou think that this matt�an be resolved or settied without a forl4faI hearing, please contact or have your attorney contact the undersigned. If a sUpulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendarion for Council action. If you fail to appeaz at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you wkuch have been stated eaziier in this notice may be taken as true. If non- pablic data is received into evidence at the hearinj, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14,60, subdivision 2. If you have any questions, you can call me at 266-8710. V ery truly yours, � �� Virginia .� Assistant City Attomey cc: Diane Nordstrom, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Paul Maruska, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101-3933 Notice of Hearing - Page 3 � � , � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) � 0/ `a/a- AFFIDAVIT OF SERVICI3 BY MAIL JOANNE G. CLII�NTS, being first duly sworn, deposes and says that on July 25, 2001, she served the attached NOTICE OF HEARING the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Felipe Samaniego High Tech Auto Service 943 Maryland Avenue E. St. Paul, MN. 55106 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mails at St. Pa__u�� Minnesota. � Y"� _ �� / � . �LEMENTS Subscribed and sworn to before me this 25th o£�t�y, �2U"0�1. A Notary Publ'ic ?ETF� P. ?AivGSORP� h'6TAR'! Pl36UC - ft1iP:V:SOTA MY C�9n7J�iS6SC�AS �x�,Re� ��. sa. a� OFFICE OF THE CITY ATTORNEY C[ayton M. Robirsson, Jc, City Ai[orney �` L CITY OF SAINT PAUL P � �� V= L civit Division NormColeman,Mayor pJ �� `,� �: ��OOCiryHal[ Telephone:65l266-8770 ISWutKelloggB[vd. Facsimi(e:65l298-5619 . _ Saint Paul, Minnuota 55102 rwi'.T:�J I - ! I' � _� ,'�r. h�,,;;:�;i;S July 25, 2001 NOTICE OF HEARING Felipe Samaniego High Tech Auto Service 943 Mary'iand Avenue East Saint Paul, Minnesota 55106 RE: Auto Repair Garage License held by Felipe Samaniego, d/b/a High Tech Auto Service, for the premises located at 943 Maryland Avenue East in Saint Paul License ID: 20000002049 Dear Mr. Samaniego: Please take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises identified above: Date: Tuesday, August 28, 2001 Time: 9:30 a.m. Place: Room 220, Conference Room B St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Steve M. Mihalchick Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-349-2544 a/ �a� a- " The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicatin� and non- intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the j udge which may lead to adverse action against ail the licenses you hoid at the above premises as foliows: On October 11, 2000 the City Council imposed nine conditions on the auto repair garage license issued to you, including requirements that you pave the parking and storage area of your lot and stripe the parking area to indicate where vehicles are allowed to park. This was to be done by October 31, 2000. You were also required to remove the existing fence on the northern and eastern property lines and replace it with a solid wood fence, 8 feet in height, by October 31, 2000. These matters were not completed by the required date, and by letter dated December 4, 2000, you were given an extension of time until April 15, 2001. As of May 31, 2001, the existing fence had not been removed nor a new fence installed and the paving and striping had not been completed. Failure to comply with conditions placed oa the license is a basis for adverse action under Saint Paul Legislative Code §310.06. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements ofMinnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identifythemselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attomey may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attomey may cross-examine. The Administrative Law Judge may in addition hear relevant and materia] testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome ofthe proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. 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. You should bring to the hearing all documents, records and witnesses 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, part 1400.7000. Notice of Hearing - Page 2 o� i�ia If you think that this matter can be resoived or settled without a formal hearing, please contact or have your attomey contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appeaz at the hearing your ability to challenge the allegarions will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it maybecome public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any questions, you can call me at 266-8710. Very truty yours, -� � ��P.� Virginia . Palmer Assistant City Attomey cc: Diane Nordstrom, Office of Administrative Hearings, 100 Washington Squaze, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Paul Manxska, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101-3933 Notice of Hearing - Page 3 ORIGINAL CouncilFile# �� ,� Green Sheet # � �� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date �O 9 �l3 Mao�4..a. A�� E�s4 1 RESOLVED, that the auto repair lic�se held by Felipe Samaniego, d/b/a High Tech 2 Auto Service (License ID#: 20000002049) be suspended until such time as the conditions on the 3 license with respect to paving the pazlang and vehicle storage azea of the lot and striping the 4 designated parking spaces and replacing the fence on the northern and eastern property lines have 5 been me. In addirion the Licensee shall be required to pay a fine of $500 for being in violation of 6 the conditions on the license, said fine to be paid to the Office of License, Inspections and 7 Environmental Protection within thirty (30) days of the adoption of this resolution. 10 11 12 13 14 15 16 17 18 19 20 21 FiJRTHER RESOLVED, that the findings of fact and conclusions of law contained in the ALJ Report in this case dated August 30, 2001 are adopted as the written findings and conclusion of the Council in this matte This Resolution is based on the record of the proceedings before the ALJ, including the hearing on August 28, 2001, the documents and exhibits introduced therein, the findings of fact and conclusions of law of the ALJ as referenced above and the arguments and statements of the parties at the public hearing on September 19, 2001 and the deliberations of the Council in open session at that hearing. A copy of this Resolution, as adopted, shall be sent by first class mail to the Administrative Law Judge and to the Licensee. Requested by Department of: Adopted by Council: Date ��-_ �}O p� � Adoption Certified by Council Secretary By: � _ � � \ '-3—�_ i� Approved by Mayor: Date (��f/O �/ By: � By: Form Approved by City Attorn By: //C �� Approved by Mayor for Submission to Council By: CITY ATTORNEY xarnar aQZSOrv a �orie Virginia Palmer 266-8710 JST BE ON COUNCILAGENDA BY @4T� o�- ��. _ ��„�. _ _ 9i26io� GREEN SHEET No �� 3�74 FOR u�� u��— ❑ tllYAiiOR1EY ❑ OIYCLFRK _ ❑RIYIqfLiERMCFiOR ❑AIYiCLV.iER�6KCT6 ❑ YYOR�OI[A696GMi ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) TOTAL � OF SIGNATURE PAGES rning adverse action regarding the Auto Repair License held by Felipe Samaniego, dba Tech Auto Service, 943 Maryland Avenue East. (Public Hearing held on September 19, 200 PLANNING COMMISSION CIB COMMIiTEE CML SERVICE CAMMISSION IFAPPROVED OF TRANSACTION S SOURCE Flss mis persorJfirtn e+er wwkea unaer a convea r« u,is aepamneM? VES NO Fias tlus persoMfirm B�.et been a cdy anpbyee7 YES NO Does this persoNfiim possess a sldll not namallypossessed by arry wrtent ciry employee7 YES NO Is ttiia perswJfiim a targMetl vendoYl YES NO COST/REVENUEBUDOEfm�CIRCLEONE) YES ACTNRY NUMBER NO OFFICE OF THE CITY ATTORNEY C[aytors M. Robiruon, Jc, Ciry Atlorney CITY OF SAINT PAUL Norm Coleman, Mnyor CivilDivision 400 Ciry Hal( I S Wett Kellogg Blvd. Saint Paui, Minnuota 55102 Telephone: 65! 266-8710 Facsimile: 651 298-56f 9 September 4, 2001 NOTICE OF COUNCIL HEARING Felipe Samaniego High Tech Auto Services 943 Maryland Avenue East Saint Paul, Minnesota 55106 4 f�t?,: tG� �'� �� 2�°�r RE: Auto Repair Garage License held 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 on the report of the Administratave Law Judge conceming the above-mentioned license has been scheduled for 5:30 p.m., Wednesday, September 19, 2001, in the City Council Chambers, Third Floor, 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 argument 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 ttie arguments made and exceptions filed, but may depart from the recommendations of such 7udge as permitted by law in the exercise of its judgement and discretion. Sincerely, � /4.��,� � Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Paul Maruska, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101-3933 O \- �O\?- 1-6020-14414-3 � STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE SAINT PAUL CITY COUNCIL fn Re fhe License Application of Felipe FINDINGS OF FACT, Samaniego, d/b/a High Tech Auto Service CONCLUSIONS, AND RECOMMENDATION The above-entitled matter came on for hearing before Administrative Law Judge George A. 8eck, serving as hearing examiner for the Saint Paui City Council, at 9:30 a.m. in Room 220B, St. Paul City Hall, on August 28, 2001. The record was ciosed upon adjournment of the hearing fhat day. Virginia D. Palmer, Assistant City Attorney, 400 City Ha{f, 15 West Kelfogg Bfvd., St. Paul, MN 55102, appeared on behalf of the St. Paul Office of License, Inspections, and Environmental Protection (LIEP). Felipe Samaniego, 274 Annapolis St. E, West St. Paul, MN 55118 failed to appear at the hearing. NOTICE This Report contains a recommendation, not a final decision. The Saint Paul City Council wiil make the final decision after reviewing the record and may adopt, reject or modify the Findings of Fact, Conclusions and Recommendation in this report. Pursuant to Section 310.05 of the Saint Paul Legislative Code, the City CounciPs final decision shall nof 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 alieging error on the part of the Administrative Law Judge 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 CoGncil, 310 CEty Hall, Saint Pau!, MN 55102, te ascertain the procedure for presenting argument to the Council. STATEMENT OF ISSUE Should adverse action should be taken against Mr. Samaniego's license to operate an auto repair garage at 943 Maryland Avenue because of violations of the conditions of his license? Based upon ail of the proceedings in this matter, the Administrative Law Judge makes the foliowing: o � _ to�. FINDINGS OF FACT 1. Felipe Samaniego d/b/a High Tech Auto Service was issued an auto repair license by the City on October 11, 2000, to operate an auto repair business at 943 Maryland Avenue E.' 2. Nine conditions were placed on the license. Two of the conditions were: 7. Licensee shall pave the area where parking and storing of customer and employee vehicles is permitted as identified on the site plan. Such paving must be a permanent dustless surtace, and the parking area must be striped to designate where parking of vehicles is permitted. Paving a�d striping must be completed by October 31, 2000. 9. Licensee shail remove the existing fence on the northern and eastern property lines and replace it with a solid wood fence which is eight feet in height, no later than October 31, 2000. 3. Mr. Samaniego specifically agreed to the nine conditions being placed on his license. 4. After receiving two complaints, a City zoning specialist wrote to Mr. Samaniego on December 4, 2000 to remind him of the conditions on his license. The zoning speciafist agreed to extend the compfiance date for items 7 and 9 if the licensee was in compliance with the other conditions by December 15, 2000. The fetter advised the licensee that failure to comply wouid cause the City to seek adverse action against his license 4 5. On May 31, 2001 the zoning specialisf wrote to the license noting that the conditions for items 7 and 9 had stili not been met and advising the licensee that the case was being forwarded to the City Attorney's office. 6. The Assistant City Aftorney sent Mr. Samaniego a Noticz oi Violafion on June 18, 2001 asking whether he disputed the facts and whether he wanted an evidentiary hearing before an Administrative Law Judge. 7. Mr. Samaniego responded on June 26, 20�1 stating that he was contesting the facts. He stated that the owner of the lot would not agree to reduce his � Exhibit 2. 2 Ex. 2. 3 Ex. 3. ` Ex. 5. 5 Ex. 6. 6 Ex. 7. E o�_ 1 rent if he paved the lot and put up a fence, and he felt it was unfair for him to have to pay. 8. The case was then scheduled for a hearing before an Adminisfrative Law Judge on August 28, 2001 and the licensee was mailed Notice of the Hearing on July 25, 2001. 9. Mr. Samaniego failed to appear at the hearing on August 28, 2001, and is therefore in default. Based upon the foregoing Findings of Fact, fhe Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the City Councii have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and the St. Paul City Legislative Code §§ 310.05- 310.06. 2. The City gave Mr. Samaniego timely notice of the hearing in this matter by serving him by mail on July 25, 2001. 3. That Mr. Samaniego has failed to comply with two conditions of his auto repair license that required him to pave and stripe the parking area of his business by October 31, 2000 and to remove and replace the existing fence by October 31, 2000. 4. Under § 310.06(b)(5) of the St. Paul Legislative Code, failure to comply with the conditions of a license is grounds for adverse action. Based upon the foregoing Conclusions, the Administrative Law Judge makes the foliowing: RECOMMENDATION IT IS RESPECTFULLY RECOMMENDED that the City Council order that adverse action be taken against the auto repair license held by Felipe Samaniego, d/b/a High Tech Auto Service. Dated this 30 day of August, 2001. ' Ex. 8. e Ex. 9. 9 IBid. �� GEORGE A. BECK Administrative Law Judge 3 STa� oF Mnvr�soTA � �-��, OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 August 30, 2001 Fred Owusu, City Clerk City of St. Paul 170 City Hall 15 West Kellogg Bivd. St. Paul, MN 55102 RE: In Re the License Application of Felipe Samaniego, d/b/a High Tech Auto Service; OAH Docket No. 1-6020-14414-3 Dear Mr. Owusu: 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. Also enciosed is the official record, with the exception of the tape recording of the hearing. A copy of the tape will be sent to you under separate cover. Our file in this matter is now being closed. Sincer� 9y, — r GEORGE A. BECK Administrative Law Judge Telephone:612/341-7601 GAB:aws cc: Virginia D. Palmer, Asst. City Attorney Felipe Samaniego (2) 42�C�l�Et� AU(3 �'f �OOS t..� e � �.�El�S, Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section &Administrafive Services (6�2) 34i-7600 �TTY No. (612) 341-7346� Fax No. (612) 349-2665 d , � /-/bl a-- 1-6020-14414-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE SAINT PAUL CITY COUNCIL In Re the License Application of Felipe FINDINGS OF FACT, Samaniego, d/b/a High Tech Auto Service CONCLUSIONS, AND RECOMMENDATION The above-entitled matter came on for hearing before Administrative Law Judge George A. Beck, serving as hearing examiner for the Saint Paul City Council, at 9:30 a.m. in Room 220B, St. Paul City Hall, on August 28, 2001. 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 Office of License, Inspections, and Environmental Protection (LIEP). Felipe Samaniego, 274 Annapolis St. E, West St. Paul, MN 55118 failed to appear at the hearing. 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 of Fact, Conclusions and Recommendation in this report. Pursuant to Section 310.05 ofi the Saint Paul Legislative Code, the City Councii'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 alleging error on the part of the Administrative Law Judge 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 should contact the Saint Paul City Council, 310 City Hall, Saint Paul, MN 55102, to ascertain the procedure for presenting argument to the Council. STATEMENT OF ISSUE Should adverse action should be taken against Mr. Samaniego's license to operate an auto repair garage at 943 Maryland Avenue because of violations of the conditions of his license? Based upon all of the proceedings in this matter, the Administrative Law Judge makes the following: d / -/o � a-- FINDINGS OF FACT 1. Felipe Samaniego d/b/a High Tech Auto Service was issued an auto repair license by the City on October 11, 2000, to operate an auto repair business at 943 Maryland Avenue E.' 2. Nine conditions were placed on the license. Two of the conditions were: 7. Licensee shall pave the area where parking and storing of customer and employee vehicles is permitted as identified on fhe site plan. Such paving must be a permanent dustless su�Face, and the parking area must be striped to designate where parking of vehicles is permitted. Paving and striping must be completed by October 31. 2000. 9. Licensee shall remove the existing fence on the northern and eastern property I+nes and replace it with a solid wood fence which is eight feet in height, no later than October 31, 2000. 3. Mr. Samaniego specifically agreed to the nine conditions being placed on his license 3 4. After receiving two complaints, a City zoning specialist wrote to Mr. Samaniego on December 4, 2000 to remind him of the conditions on his license. The zoning specialist agreed to extend the compliance date for items 7 and 9 if the licensee was in compliance with the other conditions by December 15, 2000. The fetter advised the licensee that failure to comply would cause the City to seek adverse action against his license. 5. On May 31, 2001 the zoning specialist wrote to the license noting that the conditions for items 7 and 9 had still not been met and advising the licensee that the case was being forwarded to the City Attorney's office. 6. The Assistant City Attorney sent Mr. Samaniego a Notice of Violation on June 18, 2001 asking whether he disputed the facts and whether he wanted an evidentiary hearing before an Administrative Law Judge. 7. Mr. Samaniego responded on June 26, 2001 stating that he was contesting the facts. He stated that the owner of the lot would not agree to reduce his � Exhibit 2. 2 Ex. 2. 3 Ex. 3. ° Ex. 5. 5 Ex. 6. 6 Ex. 7. 2 � f� fb r � rent if he paved the lot and put up a fence, and he felt it was unfair for him to have to PaY � 8. The case was then scheduled for a hearing before an Administrative Law Judge on August 28, 2001 and the licensee was mailed Notice of the Hearing on July 25, 2001 $ 9. Mr. Samaniego failed to appear at the hearing on August 28, 2001, and is therefore in default. 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 and the St. Paul City Legislative Code §§ 310.05- 310.06. 2. The City gave Mr. Samaniego timely notice of the hearing in this matter by serving him by mail on July 25, 2001. 3. That Mr. Samaniego has failed to comply with two conditions of his auto repair license that required him to pave and stripe the parking area of his business by October 31, 2000 and to remove and replace the existing fence by October 31, 2000. 4. Under § 310.06(b)(5) of the St. Paul Legislative Code, failure to comply with the conditions of a license is grounds for adverse action. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS RESPECTFULLY RECOMMENDED that the City Council order that adverse action be taken against the auto repair license held by Felipe Samaniego, d/b/a High Tech Auto Service. Dated this 30 day of August, 2001. ' Ex. s. $ Ex. 9. 9 Ibid. ��,y��'� GEORGE A. BECK Administrative Law Judge 3 �l,/b r2— STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) AFFIDAVIT OF SERVICE BY U.S. MAIL Debra S. Aws, being first duly sworn, hereby deposes and says that on the 30 day of August, 2001, at the City of Minneapolis, county and state aforementioned, she served the attached Findings of Fact, Conclusions, and Recommendation; Docket No. 1-6020-14414-3 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 City of St. Paul 170 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Felipe Samaniego 274 Annapolis St. E West St. Paul, MN 55118 Virginia D. Palmer Assistant City Attorney 400 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Felipe Samaniego High Tech Auto Service 943 Maryland Avenue E. St. Paul, MN 55106-2620 i�J,." '`" � Debra S. Aws Subscribed and sworn to before me this 30 day of August, 2001. � n� � �. � Nota Public CYNTFI��' R � � NOTARY PUBIIC-M{N35 SZ�T4 � pr,y ComR�. E�. Jan. � o �,�v�� OFFICE OF ADA'IIlVISTRATIVE AEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In Re the Auto Repair Garage License held by Felipe Samaniego d/b/a High Tech Auto Service August 28, 2001 CITY'S PROPOSED EXI3IBITS TO: Judge George Beck, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list ofthe City's proposed eachibits forthe Administrative Hearing on August 28, 2001. Exhibit No. Exh. No. 1 E�. No. 2 Exh. No. 3 Exh. No. 4 Exh. No. 5 Exh. No. 6 Exh. No. 7 Exh. No. 8 Exh. No. 9 Description License Information Report, dated Augtxst 27, 2001 (2 pp.); Council Resolution # 00-949, dated October 11, 2000 (3 pp.); License conditions, signed September 27, 2000 (1 p.); Site Plan, dated March 23, 1999 (1 p.); Letter from Jeffrey Hawkins to Felipe Samaniego, dated December 4, 2000 •� PP•); Letter from Jeffrey Hawkins to Felipe Samaniego, dated May 31, 2001 (1 p.); Notice of Violarion, dated June 18, 2001, with Affidavit of Service (3 pp.); Letter from Felipe Samaniego to Virginia Palmer, dated June 26, 2001 (1 p.); Notice of Hearing, dated July 25, 2001, with Affidavit of Service (4 pp.). ., . . . _ .- p �_�Of �- Also attached please find courtesy copies of appiicable St. Paul City ordinances: St. Paui L,egislative Code § 310.05 St. Paul I,egislative Code § 310.06 Respectfully submitted this 28d day of August, 2001. (/ 0 Virginia . Palmer Assistant City Attorney Office of The City Attomey 400 City Hall 15 West Kellogg Boulevazd Saint Paul, Minnesota 55102 (612)266-871Q ��oo�o�000->v <,-� � �_-� o � o� o�o 7C >�jp�A>fJ�� O"a0 3 Nxp_O� ��O" 3 �� NOO n�wrnyo >�wm-�o�om,�a��oo�macnv Jn�NN�N NNN�N��N >> ° o ° o� ° o ° o ° ooe ° o°-� ° o� m ° 0 3 0�°_: ° o � o0 0 0oo3:ov_+vo<. 00 0_ D-c g 3 � _� o � ��N Tr��Zc�Z�r � N f� C � O ` W O p�"6 � O�- 3 4� -o ti C) tn O O O � _ � •� O N N (D O N Q: 0 � 3 3 � � 3 (D > > �' � C) Q ('� �- � � < <p 7 (Q p_(� N N (D " (D (O M � �- Q O n n O N L-� O N N n O O O n N'i O p � o D'^ j O- � o tn � N o� N N�` �-n N O 'smgo�� o`� �oamo� n � c - n �� p<D�p< 3 v C) �\� °�'y m fl- ".g° 3o m av �� v � o�� v � � N p � N � (n A N - ' 6 = " O� (D O � � fl' ' N ��(D N (7 3 '6 N � �L � 3 N 3 O_ �= N 0 7�� 3 � �mD� - 6 �' o my �T<o° �-��' � p Q�� m fQ = �� p m� v m �n� o� c m o C� o o � ° Q m m m v�'m � O m 3 �� v y - � - o <� � N � n m o o� n v D a� �� o my o v p �� o r � � o y D � � a N a� 3 � m m 0 3 - o ` o � p � v��o�D�a �� o � � ' 3 p � o m �, vg o � � � ��,o��= o.� � _ O fJ O � �Q fl O�, dt 7 3( p O O N � � l� a � cQ m � o � c o � o � K o v � � a o ^ ° � c � i ' Q � � � � m ti � K W � � N 1 � � � a� � � � r � �x � SA �� x R, ,S' C C z�`� oo� � "A�a C � ` V' �o �' � � A aC �� (O� � W�� j �IQ�UI fn A W NQ� -� ' �� m z� Qa � G< �3� � n�. tp O� � Ci C�'� (D O�(D N� n r N �. 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O 7 Z1 N � O .Z � N � N N O -+. N ORI�GINAL Presented By Referred To Council File # p y t� ---� Green Sheet n �Q ( p(. p 01 �d ��' Committee: Date 1 RESOLVED, that the application for an auto repair gazage license by Felipe Samaniego, 2 d/b/a High Tech Auto Service, for the premises at 943 Maryland Avenue East, is hereby granted, 3 subject to the conditions set forth below. FURTHEI2 RESOLVED, that the findings of fact, conclusions of ]aw and memorandum contained in the ALJ Report in this case, dated September 1 i, 2000, aze expressly ratified and adopted as the written findings and conclusions of the Council in the matter, and the recommendation of the ALJ is hereby adopted, with the addition of three conditions agreed to by the applicant on September 27, 2000. 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 following conditions shall be placed on the ]icense: 3. 4. 5. 6. Parking 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 until a site plan is approved by the Office of LIEP for any expansion of the parking surface. Only customer and employee vehicles may be parked on the lot. Vehicle salvage is not pennitted. Vehicles with major body parts removed, z parts, tires, oil or similaz 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. Vehicles awaiting repair and employee vehicles shall not be pazked or stored in the adjacent alley. 7. Licensee shall pave the area where parking 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 parking azea must be striped to designate where pazking of vehicles is permitted. Paving and striping must be completed by October 31, 2000. 8. I�'o vehicle may be parked on the lot for more than ten days. It shall be the responsibility of the licensee to insure that any vehicle not claimed by its owner is removed from the lot as permitted by law.� In Re The License Held by Felipe Samaniego "— d/b/a High Tech Auto Service —, City's Exh. No. 2 RESOLUTIO:�' CITY OF SAINT PAUL, MINNESOTA z� 3 A 6 7 8 9 10 11 � Licensee shall remove the existing fence on the northem and eastern property lines and replace it with a sold wood fence which is 8' in height, no later than October 31, 2000. 0 9yq This Resolution is based on the record of the proceedings before the Administrative Law _" �/ Judge, including the hearing on September 7, 2000, the documents and exhibits introduced therein, and the deliberations of the Council in open session on September 2S, 2000, and Applicant's consent to additiona] conditions. A copy of this Resolution, as adopted, shall be sent by first class mail to the Administrative Law Judge and to the Licensee Requested by Department of: Adoption Certified by Council Secretary B y' �y ��y _�� Approved by Mayor: Date By: �Y: U �� A �� Fo� Approved by City Aitorne� HY� � /L 2 u{ � ,� �J� Approved by Mayor for Submission to Council By: Adopted by Council: Date Q'��j{1A.n �� a�� D/ /Di� oo_�yy :tob�z 200o GREEN SHEET No 106068 Virginia Palmer 266-8710 T BE ON CIXJNCIL ACaQM BY (Wip �CLObCi l l, 20�� - COIISCTIL .eaen.n.�sc.w oncv+ca �nMY6t rpt RO{R�16 OROOt TOTAL� OF SIGNATURE PAGES ❑ CRYATTOIMY ❑ tlITCLiY! ❑1�ULL94llH1COi ❑w1MICW.�AWafa ❑avet174�at.w� ❑ (CtlP ALi LOCA710NS FOR SIGNAStSRE) Finalizing City Council action granting the applicarion for an auto repair gazage 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 COMMITTEE CML SERVICE CAMMISSION AMOUNT OF TRANSACTION Iti0M1fERVi� WNiRACIi MYi� 11NSWER THE FOLLAYlING QUES7ION5� �Vt aY{ �lf10I1�Yi11 NY MVIC� �I1Clf � Cpl�l� /flf dY{ �LbIMId'7 YES NO !it 1Nt D�/m w�r b�sn � aity Mnpby�s7 YES WO Oor Ws P�m D� a sWY not mmYlypxw�ed tri �nY ac�erR dH M+DbY�� YES IIO ktlr M�tavtirm � WpeESGNedoR YES NO �Yt� Y vr rwws m tewrMe aAr[ nd etterl� fe neen alret CO3TRIEVFNVE BUDOETED (CIRCLE ON� l �'1�P+YiJ`t.�� Ci�=:D f�� OFFICE OP LICENSE, INSPECTIONS AND y1 � I a. ENVIRONMENTAL PROTECTION V Robert Kessler, Oirector CITY OF SAINT PAUL Norm Coleman, Mayor LOWRYPROFESSIONALBUILDING Telephone'(65f)2669W0 Suite 300 FacvmJe: (65l) 2669099 3W St PeterSYreet (651) 2669124 Saint PaW, MinnemW 55f024510 I agree to the following conditions being placed on the following license(s): License #: Type of Business: Applied for by: 20000002�49 Auto Repair Garage FELIPE SAMANIEGO Doing Business As: HIGH TECH AUTO SERVICE at: 943MARYLAND AVE E ST PAUL 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 plan is approved by the Office 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. 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. 7. Licensee shaif only park and/or store vehicles on areas as identified in the site pfan. Such area musf�`'"�paved with a permanent dustless surface and striped to designate the spaces where parking is allowed. 8: No vehicle may be on the lot for longer than ten days. it shall be the responsibility of the licensee to insure that any vehicle not claimed by its owner is removed from the lot as permitted by law. 9. Licensee shall remove the existing fence on the northern and eastern property lines and replace it with a solid wood fence which is 8 feet in height. � �l � 3 �D � Lice ens e � Date � � In Re T'�e i,i�evse He;d by Fel:pe Sam��s��a — dib/a k�:�'� Tech ��.�to Sers�i�e — CEt,y Ex'�. No. 3 . � �� ;; , � � � i R ! � � 1 � � � ti � \ \ \ � � i C C � � J� H � n � v c � x � � � � J \ i � � � � r� � �..�e. � � , � �� _ _ � � - -, Z p I `O! a., ` :ra:'V.'�-� \ : o�-__'✓'- ' ---{ ,_,,-' I��1 �� +�� - - - � � h� \ � � � � \� ' ,` \ � � �� rn� \ �`; � � \ I � ` '\`�� \\ 1 ' �' . ` w � �� ^ � R � � �n � �a�i t`' � l� � �, ITi j � � ; J � � � � ` -- �_ , n .� � �� : ' << a y � I � �. J � J � �. �t \ - :� '� `" v : -� -c � � � ; W � � G` __ \ �, I 1 ^ � � � � l � � c � �` I _. ° } � � � "" ` __ � I , \ � � � c � � -- . i � i � I � ti 1 I I - � \ In Re The License Held by Felipe Samaniego — d/b/a High Tech Auto Service — City's Exh. No. 4 � � _� - c � ry � �, n� ! � _ � G �� \ _ a � � P < <. '}r K C �` . i �_ c - �� T � �—'� � =:,'-- �� e-� o> � � � I . �. � V � I � � I � lJ � � ;. / ,- / � b/ /D/�- CITY OF SAINT PAUL A`orm Co[eman, Ma}�or December 4, 2000. Felipe Samaniego High Tech Auto Service 943 Maryland Avenue E. St. Paul MN SS10fi Re: 943 Maryland Avenue E. Deaz Mr. Samaniego: OFFICE OF LICENSE, INSPECTIO\S AND ENVIRONMENTALPROTECTION i' Ro6ert Kessler, Direcior � /� / � LOWRYPROFESSIO.VALBUfLD/��'G Telepkone:651-2G6-9090 350 St, Peter Street, Suite 300 Facsimile: 651-266-9099 Sain(Pau/, Minnesola 55103-1i/0 6i1-266-912J On November 14"' a complaint was received in our office stating that you were in violation of the conditions of your license. This is the second complaint in two months for violations, the other on October 20"', 2000. I spoke to you at that time and explained the conditions to you and how the vehicles should be parked according to your site plan. I further explained that the site plan only allowed for twelve vehicles to be parked on the lot and that tl lot had to be paved and striped by October 31 �`, 2000. This has not been done as of this date, nar has the removal and replacement of the existing fence with a new solid wood fence. There are also fifteen vehicles parked in your side parking area which can only accommodate eight vehicles. It also appears that you aze parking employee and customer vehicles on the public right- of- way, Forest Street. This is not allowed and may not be used in the future for parking. I am again providing you with the license conditions for operating an auto repair business on this property. 1. Parking for custoraers and employees shall be in the areas desigirated 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 parking surface. 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 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. 7. Licensee shall pave the area where parking and storing of � � In Re The License Held by Felipe Samaniego — d/bla High Tech Auto Service —' City's Exh. No. 5 o!-�o� � 943 Maryland- page 2. customer and employee vehicles is permitted as identified on the site plan. Such paving must be a permanent dustless surface, and the parking area must be striped to designate where parking of vehicles is permitted. Paving and striping must be completed by October 31, 2000. 8. No vehicle may be on the lot for longer than ten days. It shall be the responsibility of the licensee to insure that any vehicle not claimed by its owner is removed from the lot as permitted by law. 9. Licensee shall remove the existing fence on the northern and eastern property lines and replace it with a solid wood fence which is 8 feet in height, no later than October 31, 2000. You have already violated the time table that was approved by City Council on October 11, 2000 for Items 7 and 9 of your conditions. If you comply with Items 1-6 and Item 8 by December 15, 2000 and stay in compliance I will extend your compliance date on Items 7 and 9 to Aprii 15, 2001. Failure to follow these conditions, bring this property into compliance and keep this business in compliance with the license conditions will cause this office to seek further legal.actions; including adverse action against the license holder and criminal citations against the license holder and property owners. If you have any concerns or questions, please call me at 6� 1-266-9083 Sincerely: �� Jeffrey J. Hawkins Zoning Specialist cc: Inez Fedorowski ol��o/a CITY OF SAINT PAUL Norm Colemme, Mayor May 31,2001 Felipe Samaniego High Tech Auto Service 943 Maryland Avenue E. St. Paul, MN 55106 Re: 943 Maryland Avenue E. Deaz Mr. Samaniego: OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Roger Curtis, Director � r/��i IAWRYPROFESSIONAL BUILDING Telephone.' 651-2669090 350 St Peter Street, Suite 300 Fatsimile: 6�I-2669124 SaintPaul,Minnesota�5IO2-I570 Web: w�vw.ci.sipaul.mn.us/liep On December 4�`, 2000, I sent you and the property owner at 943 Maryland Ave. E. a letter advising you both of the license conditions that the City Council approved on October I 1, 2000. I gave you an extension at that time to complete the paving and striping of the lot and to remove the existing fence and to instalk an 8 foot high privacy fence on the ttorth and east sides of the properry. The extension date of Apri115, 2000 has come and gone and the conditions have stilI not been met. The failure to comply with these conditions leaves this office no choice but to seek adverse action against your license. I have forwarded this case to the City Attorney's Office. If you have any questions, catl me at 651-266-9083. Sincerely; �/ "�/ - Jeffrey J. Hawkins Zoning Specialist cc: Inez Fedorowski � �,. �� G � P,+� �� Q�� In $e The License Held by Felipe Samaniego ' — d/b/a High Tech Auto Service — City's Exh. No. 6 „ - f -, u CITY OF SAINT PAUL Norm Co[enrnn, Mayor June 18, 2001 OFFIC�THE CITY ATTORNEY Clnymn M. �inson, Jr., CiryAttarney e J_/l�� V CivilDivision 400 City H¢I[ Telephone: 6il 266-8710 15 West Ke/logg B[vd. Facstmile: 651298-5679 Saini Paul, Minnuoia 55102 NOTICE OF VIOLATION Felipe Samaniego High Tech Auto Service 943 Maryland Avenue East Saint Paul, Minnesota 55106 RE: Auto Repair Gazage License held by Felipe Samaniego, d/b/a Hi�h Tech Auto Service, for the premises located at 943 Maryland Avenue East in Saint Paui License ID: 20000002049 Dear Mr. Samaniego: The Office of License, Inspections and Environmental Protection has recommended adverse action against the Auto Repair Garage License held by you, d/b/a High Tech Auto Service, for the premises located at 943 Maryland Avenue East in Saint Paul. The basis for the recommendation is as follows: On October 11, 2000 the City Council imposed nine conditions on the auto repair garage license issued to you, including requirements that you pave the parking and storage area of your lot and stripe the parking area to indicate where vehicles are allowed to park. This was to be done by October 31, 2000. You were also required to remove the existing fence on the northern and eastern property lines and replace it with a solid wood fence, 8 feet in height, by October 31, 2000. These matters were not completed by the required date, and by letter dated December 4, Z000, you were given au extension of time until April 15, 2001. As of May 31, 2001, the existing fence had not been removed nor a new fence installed and the paving and striping had not been completed. Failure to comply with conditions placed on the license is a basis for adverse action under Saint Paul Legislative Code §310.06. � In Re The License Held by Felipe Samaniego — d/b/a High Tech Auto Service — City's Exh. No. 7 - "- Yage 2 Felipe Samaniego June 18, 2001 � � 6l `D/� If you do not dispute the above facts please send me a letter with a statement to that effect. The matter will then be scheduled for a hearin� before the St. Paul City Council to determine what penalty, if any, to impose. You will have an opporiunity to appear and speak on your own behalf, or to have someone appeaz there for you. On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Administrative Law Judge (ALJ). If you wish to have such a hearing, please send me a letter stating that you aze contesting the facts. You will then be sent a"Notice of Hearing," so you will know when and where to appeaz, and what the basis for the hearing will be. In either case, please let me know in writing no later than Thursday, June 28, 2001, how you would like to proceed. If I have not heard from you by that date, I will assume that you are not contesting the facts. The matter will then be scheduled for the hearing before the Sf. Paul City Council. If you have any questions, feel free to call me or have your attorney call me at 266-8710. Sincerely, �� .�, � Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, LIEP Paul Maruska, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101-3933 .� - � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) � O/ /f�! a. AFFIDAVIT OF SERVICB BY MAIL JOANNE G. CLII�NTS, being first duly sworn, deposes and says that on June 18, 2001, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Felipe Samaniego High Tech Auto Service 943 Maryland Avenue E. St. Paul, MN. 55106 (which is the last known same, with postage prepaid, Minnesota. address of said person) depositing the in the U Subscribed and sworn to before me this 18th dav_of June. 2001. Notary Publi PETER P. PANGBORN NOTARY PUBIJC - MINNESOiA MY COMMISffiKHd EXpiRES JAN. �i, 2Wg . JUN Z " is; ��rY a� City of Saint Paul Civil Division 400 City Hall 15 West Kellogg BIvd. Saint Paul, MN 55102 � Dear Mrs. Virginia D Paimec � High Tech Auto Service 943 Maryland Ave East Saint Paul, MN 55106 t�! /oi �- This reply is in conespond to the letter dated June 18, 2001. I have read and understood the remaining conditions that I xnust comply with in order to prevent any adverse actions against my license. My response is as follows: I have been renting this property since October 2000. I do not have any obtiga6on, with the owner of the properiy, as far as maintenance is concerned. I have always complied with all the rutes and regulations by the Ciry of St. Paul. I have spoken with the owner of the property regarding these remaining requirements so that we can come to an agreement. I have offered to provide the materials to pave the parking lot and put up the fence in exchange for a reduction form the rent. However, she refuses to cooperate of to come to an agreement, claiming that they do not want to invest any money because they plane to se11 the property. I find it uniustfuly and unfair that I must pay the consequensce for something I am not liable for. Therefore, I am contesting the facts in the letter; I will like to settle this matter out of court. Therefore, I am seeking your advice as to how this matter should be resolved. Thank your ��/�� l ��a��'6 / In Re The License Held by Felipe Samaniego — d/b/a High Tech Auto Service — City's Exh. No. 8 � CITY OF SAINT PAUL Narm Coleman, Mnyor July 25, 2001 OFFI�F THE CITY ATTORNEY C[aylort obinson, Jc, CiryAttorney � � /�� l civit Divisiors 400CiryHa11 Telephone:651266-8710 ISWestKelloggBlvd. Facsimile:651298-5679 Sainf Paxl, Minnuo[a 55l01 NOTICE OF HEARING Felipe Samaniego $igh Tech Auto Service 943 Maryland Avenue East Saint Paui, Minnesota 55106 RE: Auto Repair Garage License held by Felipe Samaniego, d/b/a High Tech Auto Service, for the premises located at 943 Maryland Avenue East in Saint Paul License ID: 20000002049 Dear Mr. Samaniego: Please take notice that a hearing wili be held at the following time, date and place conceming all licenses for the premises identified above: Date: Tuesday, August 28, 2001 Time: 9:30 a.m. Place: Room 220, Conference Room B St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Steve M. Mihalchick Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-349-2544 ■ In Re The License Held by Felipe Samaniego — dlb/a High Tech Auto Service —, City's Exh. No. 9 D /-l0 /a-- - The Council of the City o�aint Paul has the authority to provide fo�earings conceming licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as foilows: On October 11, 2000 the City Council imposed nine conditions on the auto repair garage license issued to you, including requirements that you pave the parking and storage area of your lot and stripe the parking area to indicate where vehicles are allowed to park. This was to be done by October 31, 2000. You were also required to remove the existing fence on the northern and eastern property lines and replace it with a solid wood fence, 8 feet in height, by October 31, 2000. These matters were not completed by the required date, and by letter dated December 4, 2000, you were given an extension of time until April 15, 2001. As of May 31, 2001, the existing fence had not been removed nor a new fence instalted and the paving and striping had not been completed. Failure to comply with conditions placed on the license is a basis for adverse action under Saint Paul Legislative Code §310.06. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts ofthe procedures under section 320.05 ofthe Saint Paul I,egislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City wi11 then present its wimesses and evidence, each of whom the licensee or attomey may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition heaz relevant and material testimony from persons not presented as witnesses by either pariy who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. 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. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoanas may be available to compel the attendance of witnesses or The production of documents in conformity with Minnesota Rules, part 1400.7000. Notice of Hearing - Page 2 � a� /o/a— -^ ' Ifyou think that this matt�an be resolved or settied without a forl4faI hearing, please contact or have your attorney contact the undersigned. If a sUpulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendarion for Council action. If you fail to appeaz at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you wkuch have been stated eaziier in this notice may be taken as true. If non- pablic data is received into evidence at the hearinj, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14,60, subdivision 2. If you have any questions, you can call me at 266-8710. V ery truly yours, � �� Virginia .� Assistant City Attomey cc: Diane Nordstrom, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Paul Maruska, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101-3933 Notice of Hearing - Page 3 � � , � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) � 0/ `a/a- AFFIDAVIT OF SERVICI3 BY MAIL JOANNE G. CLII�NTS, being first duly sworn, deposes and says that on July 25, 2001, she served the attached NOTICE OF HEARING the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Felipe Samaniego High Tech Auto Service 943 Maryland Avenue E. St. Paul, MN. 55106 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mails at St. Pa__u�� Minnesota. � Y"� _ �� / � . �LEMENTS Subscribed and sworn to before me this 25th o£�t�y, �2U"0�1. A Notary Publ'ic ?ETF� P. ?AivGSORP� h'6TAR'! Pl36UC - ft1iP:V:SOTA MY C�9n7J�iS6SC�AS �x�,Re� ��. sa. a� OFFICE OF THE CITY ATTORNEY C[ayton M. Robirsson, Jc, City Ai[orney �` L CITY OF SAINT PAUL P � �� V= L civit Division NormColeman,Mayor pJ �� `,� �: ��OOCiryHal[ Telephone:65l266-8770 ISWutKelloggB[vd. Facsimi(e:65l298-5619 . _ Saint Paul, Minnuota 55102 rwi'.T:�J I - ! I' � _� ,'�r. h�,,;;:�;i;S July 25, 2001 NOTICE OF HEARING Felipe Samaniego High Tech Auto Service 943 Mary'iand Avenue East Saint Paul, Minnesota 55106 RE: Auto Repair Garage License held by Felipe Samaniego, d/b/a High Tech Auto Service, for the premises located at 943 Maryland Avenue East in Saint Paul License ID: 20000002049 Dear Mr. Samaniego: Please take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises identified above: Date: Tuesday, August 28, 2001 Time: 9:30 a.m. Place: Room 220, Conference Room B St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Steve M. Mihalchick Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-349-2544 a/ �a� a- " The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicatin� and non- intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the j udge which may lead to adverse action against ail the licenses you hoid at the above premises as foliows: On October 11, 2000 the City Council imposed nine conditions on the auto repair garage license issued to you, including requirements that you pave the parking and storage area of your lot and stripe the parking area to indicate where vehicles are allowed to park. This was to be done by October 31, 2000. You were also required to remove the existing fence on the northern and eastern property lines and replace it with a solid wood fence, 8 feet in height, by October 31, 2000. These matters were not completed by the required date, and by letter dated December 4, 2000, you were given an extension of time until April 15, 2001. As of May 31, 2001, the existing fence had not been removed nor a new fence installed and the paving and striping had not been completed. Failure to comply with conditions placed oa the license is a basis for adverse action under Saint Paul Legislative Code §310.06. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements ofMinnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identifythemselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attomey may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attomey may cross-examine. The Administrative Law Judge may in addition hear relevant and materia] testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome ofthe proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. 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. You should bring to the hearing all documents, records and witnesses 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, part 1400.7000. Notice of Hearing - Page 2 o� i�ia If you think that this matter can be resoived or settled without a formal hearing, please contact or have your attomey contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appeaz at the hearing your ability to challenge the allegarions will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it maybecome public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any questions, you can call me at 266-8710. Very truty yours, -� � ��P.� Virginia . Palmer Assistant City Attomey cc: Diane Nordstrom, Office of Administrative Hearings, 100 Washington Squaze, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Paul Manxska, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101-3933 Notice of Hearing - Page 3 ORIGINAL CouncilFile# �� ,� Green Sheet # � �� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Committee: Date �O 9 �l3 Mao�4..a. A�� E�s4 1 RESOLVED, that the auto repair lic�se held by Felipe Samaniego, d/b/a High Tech 2 Auto Service (License ID#: 20000002049) be suspended until such time as the conditions on the 3 license with respect to paving the pazlang and vehicle storage azea of the lot and striping the 4 designated parking spaces and replacing the fence on the northern and eastern property lines have 5 been me. In addirion the Licensee shall be required to pay a fine of $500 for being in violation of 6 the conditions on the license, said fine to be paid to the Office of License, Inspections and 7 Environmental Protection within thirty (30) days of the adoption of this resolution. 10 11 12 13 14 15 16 17 18 19 20 21 FiJRTHER RESOLVED, that the findings of fact and conclusions of law contained in the ALJ Report in this case dated August 30, 2001 are adopted as the written findings and conclusion of the Council in this matte This Resolution is based on the record of the proceedings before the ALJ, including the hearing on August 28, 2001, the documents and exhibits introduced therein, the findings of fact and conclusions of law of the ALJ as referenced above and the arguments and statements of the parties at the public hearing on September 19, 2001 and the deliberations of the Council in open session at that hearing. A copy of this Resolution, as adopted, shall be sent by first class mail to the Administrative Law Judge and to the Licensee. Requested by Department of: Adopted by Council: Date ��-_ �}O p� � Adoption Certified by Council Secretary By: � _ � � \ '-3—�_ i� Approved by Mayor: Date (��f/O �/ By: � By: Form Approved by City Attorn By: //C �� Approved by Mayor for Submission to Council By: CITY ATTORNEY xarnar aQZSOrv a �orie Virginia Palmer 266-8710 JST BE ON COUNCILAGENDA BY @4T� o�- ��. _ ��„�. _ _ 9i26io� GREEN SHEET No �� 3�74 FOR u�� u��— ❑ tllYAiiOR1EY ❑ OIYCLFRK _ ❑RIYIqfLiERMCFiOR ❑AIYiCLV.iER�6KCT6 ❑ YYOR�OI[A696GMi ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) TOTAL � OF SIGNATURE PAGES rning adverse action regarding the Auto Repair License held by Felipe Samaniego, dba Tech Auto Service, 943 Maryland Avenue East. (Public Hearing held on September 19, 200 PLANNING COMMISSION CIB COMMIiTEE CML SERVICE CAMMISSION IFAPPROVED OF TRANSACTION S SOURCE Flss mis persorJfirtn e+er wwkea unaer a convea r« u,is aepamneM? VES NO Fias tlus persoMfirm B�.et been a cdy anpbyee7 YES NO Does this persoNfiim possess a sldll not namallypossessed by arry wrtent ciry employee7 YES NO Is ttiia perswJfiim a targMetl vendoYl YES NO COST/REVENUEBUDOEfm�CIRCLEONE) YES ACTNRY NUMBER NO OFFICE OF THE CITY ATTORNEY C[aytors M. Robiruon, Jc, Ciry Atlorney CITY OF SAINT PAUL Norm Coleman, Mnyor CivilDivision 400 Ciry Hal( I S Wett Kellogg Blvd. Saint Paui, Minnuota 55102 Telephone: 65! 266-8710 Facsimile: 651 298-56f 9 September 4, 2001 NOTICE OF COUNCIL HEARING Felipe Samaniego High Tech Auto Services 943 Maryland Avenue East Saint Paul, Minnesota 55106 4 f�t?,: tG� �'� �� 2�°�r RE: Auto Repair Garage License held 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 on the report of the Administratave Law Judge conceming the above-mentioned license has been scheduled for 5:30 p.m., Wednesday, September 19, 2001, in the City Council Chambers, Third Floor, 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 argument 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 ttie arguments made and exceptions filed, but may depart from the recommendations of such 7udge as permitted by law in the exercise of its judgement and discretion. Sincerely, � /4.��,� � Virginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Paul Maruska, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101-3933 O \- �O\?- 1-6020-14414-3 � STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE SAINT PAUL CITY COUNCIL fn Re fhe License Application of Felipe FINDINGS OF FACT, Samaniego, d/b/a High Tech Auto Service CONCLUSIONS, AND RECOMMENDATION The above-entitled matter came on for hearing before Administrative Law Judge George A. 8eck, serving as hearing examiner for the Saint Paui City Council, at 9:30 a.m. in Room 220B, St. Paul City Hall, on August 28, 2001. The record was ciosed upon adjournment of the hearing fhat day. Virginia D. Palmer, Assistant City Attorney, 400 City Ha{f, 15 West Kelfogg Bfvd., St. Paul, MN 55102, appeared on behalf of the St. Paul Office of License, Inspections, and Environmental Protection (LIEP). Felipe Samaniego, 274 Annapolis St. E, West St. Paul, MN 55118 failed to appear at the hearing. NOTICE This Report contains a recommendation, not a final decision. The Saint Paul City Council wiil make the final decision after reviewing the record and may adopt, reject or modify the Findings of Fact, Conclusions and Recommendation in this report. Pursuant to Section 310.05 of the Saint Paul Legislative Code, the City CounciPs final decision shall nof 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 alieging error on the part of the Administrative Law Judge 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 CoGncil, 310 CEty Hall, Saint Pau!, MN 55102, te ascertain the procedure for presenting argument to the Council. STATEMENT OF ISSUE Should adverse action should be taken against Mr. Samaniego's license to operate an auto repair garage at 943 Maryland Avenue because of violations of the conditions of his license? Based upon ail of the proceedings in this matter, the Administrative Law Judge makes the foliowing: o � _ to�. FINDINGS OF FACT 1. Felipe Samaniego d/b/a High Tech Auto Service was issued an auto repair license by the City on October 11, 2000, to operate an auto repair business at 943 Maryland Avenue E.' 2. Nine conditions were placed on the license. Two of the conditions were: 7. Licensee shall pave the area where parking and storing of customer and employee vehicles is permitted as identified on the site plan. Such paving must be a permanent dustless surtace, and the parking area must be striped to designate where parking of vehicles is permitted. Paving a�d striping must be completed by October 31, 2000. 9. Licensee shail remove the existing fence on the northern and eastern property lines and replace it with a solid wood fence which is eight feet in height, no later than October 31, 2000. 3. Mr. Samaniego specifically agreed to the nine conditions being placed on his license. 4. After receiving two complaints, a City zoning specialist wrote to Mr. Samaniego on December 4, 2000 to remind him of the conditions on his license. The zoning speciafist agreed to extend the compfiance date for items 7 and 9 if the licensee was in compliance with the other conditions by December 15, 2000. The fetter advised the licensee that failure to comply wouid cause the City to seek adverse action against his license 4 5. On May 31, 2001 the zoning specialisf wrote to the license noting that the conditions for items 7 and 9 had stili not been met and advising the licensee that the case was being forwarded to the City Attorney's office. 6. The Assistant City Aftorney sent Mr. Samaniego a Noticz oi Violafion on June 18, 2001 asking whether he disputed the facts and whether he wanted an evidentiary hearing before an Administrative Law Judge. 7. Mr. Samaniego responded on June 26, 20�1 stating that he was contesting the facts. He stated that the owner of the lot would not agree to reduce his � Exhibit 2. 2 Ex. 2. 3 Ex. 3. ` Ex. 5. 5 Ex. 6. 6 Ex. 7. E o�_ 1 rent if he paved the lot and put up a fence, and he felt it was unfair for him to have to pay. 8. The case was then scheduled for a hearing before an Adminisfrative Law Judge on August 28, 2001 and the licensee was mailed Notice of the Hearing on July 25, 2001. 9. Mr. Samaniego failed to appear at the hearing on August 28, 2001, and is therefore in default. Based upon the foregoing Findings of Fact, fhe Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the City Councii have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and the St. Paul City Legislative Code §§ 310.05- 310.06. 2. The City gave Mr. Samaniego timely notice of the hearing in this matter by serving him by mail on July 25, 2001. 3. That Mr. Samaniego has failed to comply with two conditions of his auto repair license that required him to pave and stripe the parking area of his business by October 31, 2000 and to remove and replace the existing fence by October 31, 2000. 4. Under § 310.06(b)(5) of the St. Paul Legislative Code, failure to comply with the conditions of a license is grounds for adverse action. Based upon the foregoing Conclusions, the Administrative Law Judge makes the foliowing: RECOMMENDATION IT IS RESPECTFULLY RECOMMENDED that the City Council order that adverse action be taken against the auto repair license held by Felipe Samaniego, d/b/a High Tech Auto Service. Dated this 30 day of August, 2001. ' Ex. 8. e Ex. 9. 9 IBid. �� GEORGE A. BECK Administrative Law Judge 3 STa� oF Mnvr�soTA � �-��, OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 August 30, 2001 Fred Owusu, City Clerk City of St. Paul 170 City Hall 15 West Kellogg Bivd. St. Paul, MN 55102 RE: In Re the License Application of Felipe Samaniego, d/b/a High Tech Auto Service; OAH Docket No. 1-6020-14414-3 Dear Mr. Owusu: 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. Also enciosed is the official record, with the exception of the tape recording of the hearing. A copy of the tape will be sent to you under separate cover. Our file in this matter is now being closed. Sincer� 9y, — r GEORGE A. BECK Administrative Law Judge Telephone:612/341-7601 GAB:aws cc: Virginia D. Palmer, Asst. City Attorney Felipe Samaniego (2) 42�C�l�Et� AU(3 �'f �OOS t..� e � �.�El�S, Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section &Administrafive Services (6�2) 34i-7600 �TTY No. (612) 341-7346� Fax No. (612) 349-2665 d , � /-/bl a-- 1-6020-14414-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE SAINT PAUL CITY COUNCIL In Re the License Application of Felipe FINDINGS OF FACT, Samaniego, d/b/a High Tech Auto Service CONCLUSIONS, AND RECOMMENDATION The above-entitled matter came on for hearing before Administrative Law Judge George A. Beck, serving as hearing examiner for the Saint Paul City Council, at 9:30 a.m. in Room 220B, St. Paul City Hall, on August 28, 2001. 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 Office of License, Inspections, and Environmental Protection (LIEP). Felipe Samaniego, 274 Annapolis St. E, West St. Paul, MN 55118 failed to appear at the hearing. 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 of Fact, Conclusions and Recommendation in this report. Pursuant to Section 310.05 ofi the Saint Paul Legislative Code, the City Councii'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 alleging error on the part of the Administrative Law Judge 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 should contact the Saint Paul City Council, 310 City Hall, Saint Paul, MN 55102, to ascertain the procedure for presenting argument to the Council. STATEMENT OF ISSUE Should adverse action should be taken against Mr. Samaniego's license to operate an auto repair garage at 943 Maryland Avenue because of violations of the conditions of his license? Based upon all of the proceedings in this matter, the Administrative Law Judge makes the following: d / -/o � a-- FINDINGS OF FACT 1. Felipe Samaniego d/b/a High Tech Auto Service was issued an auto repair license by the City on October 11, 2000, to operate an auto repair business at 943 Maryland Avenue E.' 2. Nine conditions were placed on the license. Two of the conditions were: 7. Licensee shall pave the area where parking and storing of customer and employee vehicles is permitted as identified on fhe site plan. Such paving must be a permanent dustless su�Face, and the parking area must be striped to designate where parking of vehicles is permitted. Paving and striping must be completed by October 31. 2000. 9. Licensee shall remove the existing fence on the northern and eastern property I+nes and replace it with a solid wood fence which is eight feet in height, no later than October 31, 2000. 3. Mr. Samaniego specifically agreed to the nine conditions being placed on his license 3 4. After receiving two complaints, a City zoning specialist wrote to Mr. Samaniego on December 4, 2000 to remind him of the conditions on his license. The zoning specialist agreed to extend the compliance date for items 7 and 9 if the licensee was in compliance with the other conditions by December 15, 2000. The fetter advised the licensee that failure to comply would cause the City to seek adverse action against his license. 5. On May 31, 2001 the zoning specialist wrote to the license noting that the conditions for items 7 and 9 had still not been met and advising the licensee that the case was being forwarded to the City Attorney's office. 6. The Assistant City Attorney sent Mr. Samaniego a Notice of Violation on June 18, 2001 asking whether he disputed the facts and whether he wanted an evidentiary hearing before an Administrative Law Judge. 7. Mr. Samaniego responded on June 26, 2001 stating that he was contesting the facts. He stated that the owner of the lot would not agree to reduce his � Exhibit 2. 2 Ex. 2. 3 Ex. 3. ° Ex. 5. 5 Ex. 6. 6 Ex. 7. 2 � f� fb r � rent if he paved the lot and put up a fence, and he felt it was unfair for him to have to PaY � 8. The case was then scheduled for a hearing before an Administrative Law Judge on August 28, 2001 and the licensee was mailed Notice of the Hearing on July 25, 2001 $ 9. Mr. Samaniego failed to appear at the hearing on August 28, 2001, and is therefore in default. 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 and the St. Paul City Legislative Code §§ 310.05- 310.06. 2. The City gave Mr. Samaniego timely notice of the hearing in this matter by serving him by mail on July 25, 2001. 3. That Mr. Samaniego has failed to comply with two conditions of his auto repair license that required him to pave and stripe the parking area of his business by October 31, 2000 and to remove and replace the existing fence by October 31, 2000. 4. Under § 310.06(b)(5) of the St. Paul Legislative Code, failure to comply with the conditions of a license is grounds for adverse action. Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS RESPECTFULLY RECOMMENDED that the City Council order that adverse action be taken against the auto repair license held by Felipe Samaniego, d/b/a High Tech Auto Service. Dated this 30 day of August, 2001. ' Ex. s. $ Ex. 9. 9 Ibid. ��,y��'� GEORGE A. BECK Administrative Law Judge 3 �l,/b r2— STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) AFFIDAVIT OF SERVICE BY U.S. MAIL Debra S. Aws, being first duly sworn, hereby deposes and says that on the 30 day of August, 2001, at the City of Minneapolis, county and state aforementioned, she served the attached Findings of Fact, Conclusions, and Recommendation; Docket No. 1-6020-14414-3 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 City of St. Paul 170 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Felipe Samaniego 274 Annapolis St. E West St. Paul, MN 55118 Virginia D. Palmer Assistant City Attorney 400 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 Felipe Samaniego High Tech Auto Service 943 Maryland Avenue E. St. Paul, MN 55106-2620 i�J,." '`" � Debra S. Aws Subscribed and sworn to before me this 30 day of August, 2001. � n� � �. � Nota Public CYNTFI��' R � � NOTARY PUBIIC-M{N35 SZ�T4 � pr,y ComR�. E�. Jan. � o �,�v�� OFFICE OF ADA'IIlVISTRATIVE AEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In Re the Auto Repair Garage License held by Felipe Samaniego d/b/a High Tech Auto Service August 28, 2001 CITY'S PROPOSED EXI3IBITS TO: Judge George Beck, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list ofthe City's proposed eachibits forthe Administrative Hearing on August 28, 2001. Exhibit No. Exh. No. 1 E�. No. 2 Exh. No. 3 Exh. No. 4 Exh. No. 5 Exh. No. 6 Exh. No. 7 Exh. No. 8 Exh. No. 9 Description License Information Report, dated Augtxst 27, 2001 (2 pp.); Council Resolution # 00-949, dated October 11, 2000 (3 pp.); License conditions, signed September 27, 2000 (1 p.); Site Plan, dated March 23, 1999 (1 p.); Letter from Jeffrey Hawkins to Felipe Samaniego, dated December 4, 2000 •� PP•); Letter from Jeffrey Hawkins to Felipe Samaniego, dated May 31, 2001 (1 p.); Notice of Violarion, dated June 18, 2001, with Affidavit of Service (3 pp.); Letter from Felipe Samaniego to Virginia Palmer, dated June 26, 2001 (1 p.); Notice of Hearing, dated July 25, 2001, with Affidavit of Service (4 pp.). ., . . . _ .- p �_�Of �- Also attached please find courtesy copies of appiicable St. Paul City ordinances: St. Paui L,egislative Code § 310.05 St. Paul I,egislative Code § 310.06 Respectfully submitted this 28d day of August, 2001. (/ 0 Virginia . Palmer Assistant City Attorney Office of The City Attomey 400 City Hall 15 West Kellogg Boulevazd Saint Paul, Minnesota 55102 (612)266-871Q ��oo�o�000->v <,-� � �_-� o � o� o�o 7C >�jp�A>fJ�� O"a0 3 Nxp_O� ��O" 3 �� NOO n�wrnyo >�wm-�o�om,�a��oo�macnv Jn�NN�N NNN�N��N >> ° o ° o� ° o ° o ° ooe ° o°-� ° o� m ° 0 3 0�°_: ° o � o0 0 0oo3:ov_+vo<. 00 0_ D-c g 3 � _� o � ��N Tr��Zc�Z�r � N f� C � O ` W O p�"6 � O�- 3 4� -o ti C) tn O O O � _ � •� O N N (D O N Q: 0 � 3 3 � � 3 (D > > �' � C) Q ('� �- � � < <p 7 (Q p_(� N N (D " (D (O M � �- Q O n n O N L-� O N N n O O O n N'i O p � o D'^ j O- � o tn � N o� N N�` �-n N O 'smgo�� o`� �oamo� n � c - n �� p<D�p< 3 v C) �\� °�'y m fl- ".g° 3o m av �� v � o�� v � � N p � N � (n A N - ' 6 = " O� (D O � � fl' ' N ��(D N (7 3 '6 N � �L � 3 N 3 O_ �= N 0 7�� 3 � �mD� - 6 �' o my �T<o° �-��' � p Q�� m fQ = �� p m� v m �n� o� c m o C� o o � ° Q m m m v�'m � O m 3 �� v y - � - o <� � N � n m o o� n v D a� �� o my o v p �� o r � � o y D � � a N a� 3 � m m 0 3 - o ` o � p � v��o�D�a �� o � � ' 3 p � o m �, vg o � � � ��,o��= o.� � _ O fJ O � �Q fl O�, dt 7 3( p O O N � � l� a � cQ m � o � c o � o � K o v � � a o ^ ° � c � i ' Q � � � � m ti � K W � � N 1 � � � a� � � � r � �x � SA �� x R, ,S' C C z�`� oo� � "A�a C � ` V' �o �' � � A aC �� (O� � W�� j �IQ�UI fn A W NQ� -� ' �� m z� Qa � G< �3� � n�. tp O� � Ci C�'� (D O�(D N� n r N �. 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O 7 Z1 N � O .Z � N � N N O -+. N ORI�GINAL Presented By Referred To Council File # p y t� ---� Green Sheet n �Q ( p(. p 01 �d ��' Committee: Date 1 RESOLVED, that the application for an auto repair gazage license by Felipe Samaniego, 2 d/b/a High Tech Auto Service, for the premises at 943 Maryland Avenue East, is hereby granted, 3 subject to the conditions set forth below. FURTHEI2 RESOLVED, that the findings of fact, conclusions of ]aw and memorandum contained in the ALJ Report in this case, dated September 1 i, 2000, aze expressly ratified and adopted as the written findings and conclusions of the Council in the matter, and the recommendation of the ALJ is hereby adopted, with the addition of three conditions agreed to by the applicant on September 27, 2000. 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 following conditions shall be placed on the ]icense: 3. 4. 5. 6. Parking 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 until a site plan is approved by the Office of LIEP for any expansion of the parking surface. Only customer and employee vehicles may be parked on the lot. Vehicle salvage is not pennitted. Vehicles with major body parts removed, z parts, tires, oil or similaz 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. Vehicles awaiting repair and employee vehicles shall not be pazked or stored in the adjacent alley. 7. Licensee shall pave the area where parking 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 parking azea must be striped to designate where pazking of vehicles is permitted. Paving and striping must be completed by October 31, 2000. 8. I�'o vehicle may be parked on the lot for more than ten days. It shall be the responsibility of the licensee to insure that any vehicle not claimed by its owner is removed from the lot as permitted by law.� In Re The License Held by Felipe Samaniego "— d/b/a High Tech Auto Service —, City's Exh. No. 2 RESOLUTIO:�' CITY OF SAINT PAUL, MINNESOTA z� 3 A 6 7 8 9 10 11 � Licensee shall remove the existing fence on the northem and eastern property lines and replace it with a sold wood fence which is 8' in height, no later than October 31, 2000. 0 9yq This Resolution is based on the record of the proceedings before the Administrative Law _" �/ Judge, including the hearing on September 7, 2000, the documents and exhibits introduced therein, and the deliberations of the Council in open session on September 2S, 2000, and Applicant's consent to additiona] conditions. A copy of this Resolution, as adopted, shall be sent by first class mail to the Administrative Law Judge and to the Licensee Requested by Department of: Adoption Certified by Council Secretary B y' �y ��y _�� Approved by Mayor: Date By: �Y: U �� A �� Fo� Approved by City Aitorne� HY� � /L 2 u{ � ,� �J� Approved by Mayor for Submission to Council By: Adopted by Council: Date Q'��j{1A.n �� a�� D/ /Di� oo_�yy :tob�z 200o GREEN SHEET No 106068 Virginia Palmer 266-8710 T BE ON CIXJNCIL ACaQM BY (Wip �CLObCi l l, 20�� - COIISCTIL .eaen.n.�sc.w oncv+ca �nMY6t rpt RO{R�16 OROOt TOTAL� OF SIGNATURE PAGES ❑ CRYATTOIMY ❑ tlITCLiY! ❑1�ULL94llH1COi ❑w1MICW.�AWafa ❑avet174�at.w� ❑ (CtlP ALi LOCA710NS FOR SIGNAStSRE) Finalizing City Council action granting the applicarion for an auto repair gazage 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 COMMITTEE CML SERVICE CAMMISSION AMOUNT OF TRANSACTION Iti0M1fERVi� WNiRACIi MYi� 11NSWER THE FOLLAYlING QUES7ION5� �Vt aY{ �lf10I1�Yi11 NY MVIC� �I1Clf � Cpl�l� /flf dY{ �LbIMId'7 YES NO !it 1Nt D�/m w�r b�sn � aity Mnpby�s7 YES WO Oor Ws P�m D� a sWY not mmYlypxw�ed tri �nY ac�erR dH M+DbY�� YES IIO ktlr M�tavtirm � WpeESGNedoR YES NO �Yt� Y vr rwws m tewrMe aAr[ nd etterl� fe neen alret CO3TRIEVFNVE BUDOETED (CIRCLE ON� l �'1�P+YiJ`t.�� Ci�=:D f�� OFFICE OP LICENSE, INSPECTIONS AND y1 � I a. ENVIRONMENTAL PROTECTION V Robert Kessler, Oirector CITY OF SAINT PAUL Norm Coleman, Mayor LOWRYPROFESSIONALBUILDING Telephone'(65f)2669W0 Suite 300 FacvmJe: (65l) 2669099 3W St PeterSYreet (651) 2669124 Saint PaW, MinnemW 55f024510 I agree to the following conditions being placed on the following license(s): License #: Type of Business: Applied for by: 20000002�49 Auto Repair Garage FELIPE SAMANIEGO Doing Business As: HIGH TECH AUTO SERVICE at: 943MARYLAND AVE E ST PAUL 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 plan is approved by the Office 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. 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. 7. Licensee shaif only park and/or store vehicles on areas as identified in the site pfan. Such area musf�`'"�paved with a permanent dustless surface and striped to designate the spaces where parking is allowed. 8: No vehicle may be on the lot for longer than ten days. it shall be the responsibility of the licensee to insure that any vehicle not claimed by its owner is removed from the lot as permitted by law. 9. Licensee shall remove the existing fence on the northern and eastern property lines and replace it with a solid wood fence which is 8 feet in height. � �l � 3 �D � Lice ens e � Date � � In Re T'�e i,i�evse He;d by Fel:pe Sam��s��a — dib/a k�:�'� Tech ��.�to Sers�i�e — CEt,y Ex'�. No. 3 . � �� ;; , � � � i R ! � � 1 � � � ti � \ \ \ � � i C C � � J� H � n � v c � x � � � � J \ i � � � � r� � �..�e. � � , � �� _ _ � � - -, Z p I `O! a., ` :ra:'V.'�-� \ : o�-__'✓'- ' ---{ ,_,,-' I��1 �� +�� - - - � � h� \ � � � � \� ' ,` \ � � �� rn� \ �`; � � \ I � ` '\`�� \\ 1 ' �' . ` w � �� ^ � R � � �n � �a�i t`' � l� � �, ITi j � � ; J � � � � ` -- �_ , n .� � �� : ' << a y � I � �. J � J � �. �t \ - :� '� `" v : -� -c � � � ; W � � G` __ \ �, I 1 ^ � � � � l � � c � �` I _. ° } � � � "" ` __ � I , \ � � � c � � -- . i � i � I � ti 1 I I - � \ In Re The License Held by Felipe Samaniego — d/b/a High Tech Auto Service — City's Exh. No. 4 � � _� - c � ry � �, n� ! � _ � G �� \ _ a � � P < <. '}r K C �` . i �_ c - �� T � �—'� � =:,'-- �� e-� o> � � � I . �. � V � I � � I � lJ � � ;. / ,- / � b/ /D/�- CITY OF SAINT PAUL A`orm Co[eman, Ma}�or December 4, 2000. Felipe Samaniego High Tech Auto Service 943 Maryland Avenue E. St. Paul MN SS10fi Re: 943 Maryland Avenue E. Deaz Mr. Samaniego: OFFICE OF LICENSE, INSPECTIO\S AND ENVIRONMENTALPROTECTION i' Ro6ert Kessler, Direcior � /� / � LOWRYPROFESSIO.VALBUfLD/��'G Telepkone:651-2G6-9090 350 St, Peter Street, Suite 300 Facsimile: 651-266-9099 Sain(Pau/, Minnesola 55103-1i/0 6i1-266-912J On November 14"' a complaint was received in our office stating that you were in violation of the conditions of your license. This is the second complaint in two months for violations, the other on October 20"', 2000. I spoke to you at that time and explained the conditions to you and how the vehicles should be parked according to your site plan. I further explained that the site plan only allowed for twelve vehicles to be parked on the lot and that tl lot had to be paved and striped by October 31 �`, 2000. This has not been done as of this date, nar has the removal and replacement of the existing fence with a new solid wood fence. There are also fifteen vehicles parked in your side parking area which can only accommodate eight vehicles. It also appears that you aze parking employee and customer vehicles on the public right- of- way, Forest Street. This is not allowed and may not be used in the future for parking. I am again providing you with the license conditions for operating an auto repair business on this property. 1. Parking for custoraers and employees shall be in the areas desigirated 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 parking surface. 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 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. 7. Licensee shall pave the area where parking and storing of � � In Re The License Held by Felipe Samaniego — d/bla High Tech Auto Service —' City's Exh. No. 5 o!-�o� � 943 Maryland- page 2. customer and employee vehicles is permitted as identified on the site plan. Such paving must be a permanent dustless surface, and the parking area must be striped to designate where parking of vehicles is permitted. Paving and striping must be completed by October 31, 2000. 8. No vehicle may be on the lot for longer than ten days. It shall be the responsibility of the licensee to insure that any vehicle not claimed by its owner is removed from the lot as permitted by law. 9. Licensee shall remove the existing fence on the northern and eastern property lines and replace it with a solid wood fence which is 8 feet in height, no later than October 31, 2000. You have already violated the time table that was approved by City Council on October 11, 2000 for Items 7 and 9 of your conditions. If you comply with Items 1-6 and Item 8 by December 15, 2000 and stay in compliance I will extend your compliance date on Items 7 and 9 to Aprii 15, 2001. Failure to follow these conditions, bring this property into compliance and keep this business in compliance with the license conditions will cause this office to seek further legal.actions; including adverse action against the license holder and criminal citations against the license holder and property owners. If you have any concerns or questions, please call me at 6� 1-266-9083 Sincerely: �� Jeffrey J. Hawkins Zoning Specialist cc: Inez Fedorowski ol��o/a CITY OF SAINT PAUL Norm Colemme, Mayor May 31,2001 Felipe Samaniego High Tech Auto Service 943 Maryland Avenue E. St. Paul, MN 55106 Re: 943 Maryland Avenue E. Deaz Mr. Samaniego: OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECTION Roger Curtis, Director � r/��i IAWRYPROFESSIONAL BUILDING Telephone.' 651-2669090 350 St Peter Street, Suite 300 Fatsimile: 6�I-2669124 SaintPaul,Minnesota�5IO2-I570 Web: w�vw.ci.sipaul.mn.us/liep On December 4�`, 2000, I sent you and the property owner at 943 Maryland Ave. E. a letter advising you both of the license conditions that the City Council approved on October I 1, 2000. I gave you an extension at that time to complete the paving and striping of the lot and to remove the existing fence and to instalk an 8 foot high privacy fence on the ttorth and east sides of the properry. The extension date of Apri115, 2000 has come and gone and the conditions have stilI not been met. The failure to comply with these conditions leaves this office no choice but to seek adverse action against your license. I have forwarded this case to the City Attorney's Office. If you have any questions, catl me at 651-266-9083. Sincerely; �/ "�/ - Jeffrey J. Hawkins Zoning Specialist cc: Inez Fedorowski � �,. �� G � P,+� �� Q�� In $e The License Held by Felipe Samaniego ' — d/b/a High Tech Auto Service — City's Exh. No. 6 „ - f -, u CITY OF SAINT PAUL Norm Co[enrnn, Mayor June 18, 2001 OFFIC�THE CITY ATTORNEY Clnymn M. �inson, Jr., CiryAttarney e J_/l�� V CivilDivision 400 City H¢I[ Telephone: 6il 266-8710 15 West Ke/logg B[vd. Facstmile: 651298-5679 Saini Paul, Minnuoia 55102 NOTICE OF VIOLATION Felipe Samaniego High Tech Auto Service 943 Maryland Avenue East Saint Paul, Minnesota 55106 RE: Auto Repair Gazage License held by Felipe Samaniego, d/b/a Hi�h Tech Auto Service, for the premises located at 943 Maryland Avenue East in Saint Paui License ID: 20000002049 Dear Mr. Samaniego: The Office of License, Inspections and Environmental Protection has recommended adverse action against the Auto Repair Garage License held by you, d/b/a High Tech Auto Service, for the premises located at 943 Maryland Avenue East in Saint Paul. The basis for the recommendation is as follows: On October 11, 2000 the City Council imposed nine conditions on the auto repair garage license issued to you, including requirements that you pave the parking and storage area of your lot and stripe the parking area to indicate where vehicles are allowed to park. This was to be done by October 31, 2000. You were also required to remove the existing fence on the northern and eastern property lines and replace it with a solid wood fence, 8 feet in height, by October 31, 2000. These matters were not completed by the required date, and by letter dated December 4, Z000, you were given au extension of time until April 15, 2001. As of May 31, 2001, the existing fence had not been removed nor a new fence installed and the paving and striping had not been completed. Failure to comply with conditions placed on the license is a basis for adverse action under Saint Paul Legislative Code §310.06. � In Re The License Held by Felipe Samaniego — d/b/a High Tech Auto Service — City's Exh. No. 7 - "- Yage 2 Felipe Samaniego June 18, 2001 � � 6l `D/� If you do not dispute the above facts please send me a letter with a statement to that effect. The matter will then be scheduled for a hearin� before the St. Paul City Council to determine what penalty, if any, to impose. You will have an opporiunity to appear and speak on your own behalf, or to have someone appeaz there for you. On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Administrative Law Judge (ALJ). If you wish to have such a hearing, please send me a letter stating that you aze contesting the facts. You will then be sent a"Notice of Hearing," so you will know when and where to appeaz, and what the basis for the hearing will be. In either case, please let me know in writing no later than Thursday, June 28, 2001, how you would like to proceed. If I have not heard from you by that date, I will assume that you are not contesting the facts. The matter will then be scheduled for the hearing before the Sf. Paul City Council. If you have any questions, feel free to call me or have your attorney call me at 266-8710. Sincerely, �� .�, � Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, LIEP Paul Maruska, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101-3933 .� - � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) � O/ /f�! a. AFFIDAVIT OF SERVICB BY MAIL JOANNE G. CLII�NTS, being first duly sworn, deposes and says that on June 18, 2001, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Felipe Samaniego High Tech Auto Service 943 Maryland Avenue E. St. Paul, MN. 55106 (which is the last known same, with postage prepaid, Minnesota. address of said person) depositing the in the U Subscribed and sworn to before me this 18th dav_of June. 2001. Notary Publi PETER P. PANGBORN NOTARY PUBIJC - MINNESOiA MY COMMISffiKHd EXpiRES JAN. �i, 2Wg . JUN Z " is; ��rY a� City of Saint Paul Civil Division 400 City Hall 15 West Kellogg BIvd. Saint Paul, MN 55102 � Dear Mrs. Virginia D Paimec � High Tech Auto Service 943 Maryland Ave East Saint Paul, MN 55106 t�! /oi �- This reply is in conespond to the letter dated June 18, 2001. I have read and understood the remaining conditions that I xnust comply with in order to prevent any adverse actions against my license. My response is as follows: I have been renting this property since October 2000. I do not have any obtiga6on, with the owner of the properiy, as far as maintenance is concerned. I have always complied with all the rutes and regulations by the Ciry of St. Paul. I have spoken with the owner of the property regarding these remaining requirements so that we can come to an agreement. I have offered to provide the materials to pave the parking lot and put up the fence in exchange for a reduction form the rent. However, she refuses to cooperate of to come to an agreement, claiming that they do not want to invest any money because they plane to se11 the property. I find it uniustfuly and unfair that I must pay the consequensce for something I am not liable for. Therefore, I am contesting the facts in the letter; I will like to settle this matter out of court. Therefore, I am seeking your advice as to how this matter should be resolved. Thank your ��/�� l ��a��'6 / In Re The License Held by Felipe Samaniego — d/b/a High Tech Auto Service — City's Exh. No. 8 � CITY OF SAINT PAUL Narm Coleman, Mnyor July 25, 2001 OFFI�F THE CITY ATTORNEY C[aylort obinson, Jc, CiryAttorney � � /�� l civit Divisiors 400CiryHa11 Telephone:651266-8710 ISWestKelloggBlvd. Facsimile:651298-5679 Sainf Paxl, Minnuo[a 55l01 NOTICE OF HEARING Felipe Samaniego $igh Tech Auto Service 943 Maryland Avenue East Saint Paui, Minnesota 55106 RE: Auto Repair Garage License held by Felipe Samaniego, d/b/a High Tech Auto Service, for the premises located at 943 Maryland Avenue East in Saint Paul License ID: 20000002049 Dear Mr. Samaniego: Please take notice that a hearing wili be held at the following time, date and place conceming all licenses for the premises identified above: Date: Tuesday, August 28, 2001 Time: 9:30 a.m. Place: Room 220, Conference Room B St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Steve M. Mihalchick Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-349-2544 ■ In Re The License Held by Felipe Samaniego — dlb/a High Tech Auto Service —, City's Exh. No. 9 D /-l0 /a-- - The Council of the City o�aint Paul has the authority to provide fo�earings conceming licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as foilows: On October 11, 2000 the City Council imposed nine conditions on the auto repair garage license issued to you, including requirements that you pave the parking and storage area of your lot and stripe the parking area to indicate where vehicles are allowed to park. This was to be done by October 31, 2000. You were also required to remove the existing fence on the northern and eastern property lines and replace it with a solid wood fence, 8 feet in height, by October 31, 2000. These matters were not completed by the required date, and by letter dated December 4, 2000, you were given an extension of time until April 15, 2001. As of May 31, 2001, the existing fence had not been removed nor a new fence instalted and the paving and striping had not been completed. Failure to comply with conditions placed on the license is a basis for adverse action under Saint Paul Legislative Code §310.06. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts ofthe procedures under section 320.05 ofthe Saint Paul I,egislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City wi11 then present its wimesses and evidence, each of whom the licensee or attomey may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition heaz relevant and material testimony from persons not presented as witnesses by either pariy who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. 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. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoanas may be available to compel the attendance of witnesses or The production of documents in conformity with Minnesota Rules, part 1400.7000. Notice of Hearing - Page 2 � a� /o/a— -^ ' Ifyou think that this matt�an be resolved or settied without a forl4faI hearing, please contact or have your attorney contact the undersigned. If a sUpulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendarion for Council action. If you fail to appeaz at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you wkuch have been stated eaziier in this notice may be taken as true. If non- pablic data is received into evidence at the hearinj, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14,60, subdivision 2. If you have any questions, you can call me at 266-8710. V ery truly yours, � �� Virginia .� Assistant City Attomey cc: Diane Nordstrom, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Paul Maruska, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101-3933 Notice of Hearing - Page 3 � � , � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) � 0/ `a/a- AFFIDAVIT OF SERVICI3 BY MAIL JOANNE G. CLII�NTS, being first duly sworn, deposes and says that on July 25, 2001, she served the attached NOTICE OF HEARING the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Felipe Samaniego High Tech Auto Service 943 Maryland Avenue E. St. Paul, MN. 55106 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mails at St. Pa__u�� Minnesota. � Y"� _ �� / � . �LEMENTS Subscribed and sworn to before me this 25th o£�t�y, �2U"0�1. A Notary Publ'ic ?ETF� P. ?AivGSORP� h'6TAR'! Pl36UC - ft1iP:V:SOTA MY C�9n7J�iS6SC�AS �x�,Re� ��. sa. a� OFFICE OF THE CITY ATTORNEY C[ayton M. Robirsson, Jc, City Ai[orney �` L CITY OF SAINT PAUL P � �� V= L civit Division NormColeman,Mayor pJ �� `,� �: ��OOCiryHal[ Telephone:65l266-8770 ISWutKelloggB[vd. Facsimi(e:65l298-5619 . _ Saint Paul, Minnuota 55102 rwi'.T:�J I - ! I' � _� ,'�r. h�,,;;:�;i;S July 25, 2001 NOTICE OF HEARING Felipe Samaniego High Tech Auto Service 943 Mary'iand Avenue East Saint Paul, Minnesota 55106 RE: Auto Repair Garage License held by Felipe Samaniego, d/b/a High Tech Auto Service, for the premises located at 943 Maryland Avenue East in Saint Paul License ID: 20000002049 Dear Mr. Samaniego: Please take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises identified above: Date: Tuesday, August 28, 2001 Time: 9:30 a.m. Place: Room 220, Conference Room B St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Steve M. Mihalchick Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-349-2544 a/ �a� a- " The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicatin� and non- intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the j udge which may lead to adverse action against ail the licenses you hoid at the above premises as foliows: On October 11, 2000 the City Council imposed nine conditions on the auto repair garage license issued to you, including requirements that you pave the parking and storage area of your lot and stripe the parking area to indicate where vehicles are allowed to park. This was to be done by October 31, 2000. You were also required to remove the existing fence on the northern and eastern property lines and replace it with a solid wood fence, 8 feet in height, by October 31, 2000. These matters were not completed by the required date, and by letter dated December 4, 2000, you were given an extension of time until April 15, 2001. As of May 31, 2001, the existing fence had not been removed nor a new fence installed and the paving and striping had not been completed. Failure to comply with conditions placed oa the license is a basis for adverse action under Saint Paul Legislative Code §310.06. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements ofMinnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identifythemselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attomey may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attomey may cross-examine. The Administrative Law Judge may in addition hear relevant and materia] testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome ofthe proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. 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. You should bring to the hearing all documents, records and witnesses 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, part 1400.7000. Notice of Hearing - Page 2 o� i�ia If you think that this matter can be resoived or settled without a formal hearing, please contact or have your attomey contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appeaz at the hearing your ability to challenge the allegarions will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it maybecome public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any questions, you can call me at 266-8710. Very truty yours, -� � ��P.� Virginia . Palmer Assistant City Attomey cc: Diane Nordstrom, Office of Administrative Hearings, 100 Washington Squaze, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, LIEP Paul Manxska, Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101-3933 Notice of Hearing - Page 3