01-1272Council File # � � � �'S,� �
RESOLUTION
Green Sheet # \ \O '.� ��
1 WI�REAS, an administrative hearing was held before Administrative Law Judge
2 George Beck on November 14, 2001 on a renewal application for a currency exchange license by
3 Endeavor Financial Service, d/b/a Cunency Exchange IV for the premises at 577 W. University
4 Avenue in Saint Paul; and
6 WHEREAS, notice of said hearing was duly published; and
7
$ WHEREAS, the administrative law judge issued Findings of Fact, Conclusions and a
9 recommendation on November 16, 2001 recommending renewal of the license; now, therefore be
10 it
11
12 RESOLVED, that the Findings of Fact, Conclusions and Recommendation of the
13 Administrative Law Judge shall be adopted in its enrirety and shall be attached and incoxporated
14 herein by reference; and be it
15
16 FURTHER RESOLVED, that the currency exchange license renewal application by
17 Endeavor Financial Service, d/b/a Currency Exchange IV for the premises at 577 W. University
18 Avenue in Saint Paul be and is hereby approved and said approval shall be forwarded to the
19 Commissioner of Commerce of the State of Minnesota.
Requested by Department of:
Adoption Certified by Council Secretary
By:
Form Approved by City Att�
By: � � ��:
Approved by yor fos Submission to Council
By: � . By:
Approved by Mayor: Date '�
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CITY OF SAINT PAUL, MINNESOTA ! 3
Adopted by Council: Date ��. �.�1 , a-0o �
GREEN SHEET
Coimcilmember Blakey 266-8610
IST BE ON COUNCIL AGEN0.4 BY (DAit7
0
TOTAL # OF SIGNATURE PAGES
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No 110347
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❑AIYIGL4ERVICFSGR ❑ALHCUI.�ERY/RCCfC
❑ WYORIORASaBTAMi ❑
(CLIP ALL LOCATIONS POR StGNATURE)
Memorializing City Council acrion taken November 28, 2001, approving the currency exchange license
application by Endeavor Financial Service, dba Currency Exchange N, 577 W. University Avenue.
PLANNING COMMISSION
CB COMMITTEE
CIVIL SERVICE CAMMISSION
IFAPPROVED
AMOUNT OF TRANSACTION
(IXPWN)
Has this persoNfirm ever vrorked under a contract tor ihie departmeM?
YES ' NO
Has th� personmrm eve� been a ciy employeel
VES NO
Does this persoNfiim pobsess a sldll not rw�maltypossessed by any airteM city employee7
VES NO
Is this persoNfirm a farge[etl venaaft
YES NO
CoSTIitEVENUE BUDGEfEO (CIRCLE ONq VES
ACTIVITY NUMBER
L`F7
OFFICE OF THE CITY ATTORNEY
Clayton M- Robinson, Ja, City Atiorney b �
CITY OF SAINT PAUL
Norm Co[emars, Mnyar
November 14, 2001
Civi[ Division
400 Ciry Hal!
15 West Kellogg Blvd.
Sairst Pau1, Mirtaesota 55702
NOTICE OF COUNCIL HEARING
Mr. James C. Erickson
President
Currency Exchange IV
577 University Avenue West
Saint Paul, Minnesota 5510=
Telephone: 651166-8710
F¢csimile: 651 298-5619
RE: Currency Exchange License Renewal Application submitted by Endeavor Financial, Inc.
d/bia Cusency Exchange N, located at 577 University Avenue West in St. Paul
License ID No. :19990002805
Deaz Mr. Erickson:
Given the time constraints for a response to the Minnesota Department of Commerce on your
renewal application for a currency exchange license, and in anticipation of timely receipt of an
Administrative Law Judge's report, we have scheduled this matter for public hearing in front of
the Saint Paul City Council, City Council Chambers, Third Floor, Saint Paul City Hall, on
Wednesday, November 28, 2001. Public hearings begin at 530 p.m..
If you have any questions, I can be reached at 651-266-8710.
Sincerely,
� (� c� ��C.�-�—Y�e-,
Virginia D. Palmer
Assistant City Attorney
cc: Nancy Anderson, Assistant Council Secretary
Christine Rozek, Deputy Director of LIEP
Kristen Kidder, Team Leader and Tait Danielson, Lead Organizer, Thomas-Dale/Dist.7
Planning Council, 689 N. Dale St., St. Paul, MN 55103-1644
Johxmy Howard, Exec. Director, Thomas Dale Block Clubs, 1034 Lafond Ave, St. Paul,
MN 55104
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1-6020-14590-3
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE ST PAUL CITY COUNCIL
In Re the License Renewal Application of
Endeavor Financial, Inc., d/b/a Currency
Exchange IV located at 577 University
Avenue West.
FINDINGS OF FACT.
CONCLUSIONS AND
RECOMMENDATION
The above entitled matter came on for hearing before Administrative Law Judge
George A. Beck, serving as hearing officer for the St. Paui City Council, on November
14, 2001, at 9:00 a.m. in Room 42, St. Paui City Ha[!.
Virginia D. Paimer, Assistant City Attorney, 400 City Hail, 15 West Kellogg
Boulevard, St. Paul, MN 55102, appeared on behalf of the Office of License,
Inspections and Environmental Protection (LIEP). There was no appearance by or on
behalf of the Licensee, Currency Exchange IV.
NOTICE —
This Report is a recommendation, not a final decision. The St. Paul City Council
will make the final decision after a review of the record and may adopt, reject or modify
these Findings of Fact, Conclusions and Recommendation. Under § 310.05 (c)(c-1) of
the City's legislative code, the City Council will provide the Licensee the opportunity to
present oral or written argument to the City Councii before it takes final action. The
parties should contact the St. Paul City Council to determine the procedure for
presenting argument.
STATEMENT OF ISSUE
Should the currency exchange license of Currency Exchange IV be made subject
to conditions?
Based upon all of the proceedings herein, the Administrative Law Judge makes
the following:
FINDINGS OF FACT
1. On October 4, 2001, the Department of Commerce forwarded the
Licensee's application to renew its currency exchange license to the City of St. Paul.
Gl-\�.'1}
James C. Erickson submitted the application to the Department on September 27, 2001
to continue operation of a currency exchange at 577 University Avenue in St. Paui.�
2. A criminal history search for the manager of the office found no criminal
record forthe manager, Patronia Sims?
3. Upon receipt of the application from the Department of Commerce, the
City provided notice of fhe application to nearby community organizations.
4. The City also notified the Licensee that objectors had 15 days after being
notified to object to the license renewai and that a hearing would be scheduled if
objections were raised.
5. On October 8, 2001, the Licensee paid its renewal fee to the City.
6. The City also published notification of the license renewal application in
the St. Paul Legal Ledger on October 18, 2001.
7. The City received a letter dated October 24, 2001, from Tait Danielson,
the Lead Organizer of the District 7 Planning Council stating that the council was
opposed to renewal of the license and that it was requesting a public hearing. The
District 7 Planning Council serves the neighborhoods of Mt. Airy, Capitol Heights, Lower
Rice Street, Frogtown and East Midway.'
8. The City asked Mr. Danielson to supply more detail about the Council's
concerns. In response he submitted a letter dated October 25, 2001, which stated that
the Council was opposing renewal of the license due to numerous complaints from the
neighborhood and the volume of police calls to the business. The letter stated that if the
license was to be granted, then the Planning Council recommended that three
conditions be placed upon the license, namely:
indoor and outdoor video surveillance
Hours of operation limited to 8:00 a.m. to 6:00 p.m.
Posted signs to discourage loitering.
9. The City issued a Notice of Hearing in this matter da±ed NovemSer 7,
2001, which set the hearing date and time for November 14, 2001, at 9:00 a.m. at the
Ramsey County Courthouse. The Notice of Hearing was served by mail, on November
7, 2001, to the following address:
' Ex. 1.
Z Ex. 1.
3 Ex. 2.
4 Ex. 3.
5 Ex. 4.
6 Ex. 5.
' Ex. 6.
8 Ex. 7.
, !
0 l - l Z'�'�
James C. Erickson
Currency Exchange
577 West University Avenue
St. Paul, MN 55103
10. The City also pubiished notice of the hearing in the St. Paul Legal Ledger
on November 8, 2001.
11. There was no appearance by or on behalf of the Licensee at the hearing.
12. LIEP recommends approval of the license without conditions because it is
unaware of any citizen complaints about the business and unaware of any police
reports concerning the Licensee.
13. Tait Danielson, lead organ�zer for the District 7 Planning Council offered
pubiic testimony at the hearing. He believes that the currency exchange business is
one that inherently attracts criminal activity and needs to be closely regulated. He
asked that the City Council impose the conditions set out in his letter of October 25,
2001.
14. The current hours of operation of the Licensee are 10:00 a.m. to 7:00 p.m.
on Monday through Wednesday; 10:00 a.m. to 8:00 p.m. on Thursday and Friday and
10:00 a.m. to 6:00 p.m. on Saturday. The Licensee is closed on Sunday. The Licensee
presentiy has an indoor video surveillance camera.
Based upon the foregoing Findings of Fact, the Administrafive Law Judge makes
the following:
CONCLUSIONS
1. The City Council of the City of St. Paul and the Administrative Law Judge
have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and the St. Paul
Legislative Code Sections 310.05, 310.06 and 381.02.
2. The City of St. Paul has fulfilled all relevant substantive and procedural
requirements of law and rule.
3. The City of St. Paul has given proper notice of the hearing in this matter
including proper notice in accordance with the requirements set forth in Minnesota
Statute Chapter 53A and Section 381 of the Legislative Code of the City of St. Paul.
4. That Section 381.03(b)(5) provides that the foliowing constitutes grounds
for license action:
9 City Ex. 10.
' Ex. 9.
J
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Failure of the applicant to agree to reasonable conditions upon the
operation of the business in accordance with the procedures set in
Section 310.05 and the grounds of 31�.�6. Such conditions could
include but are not limited to, hours of operation, off-street parking
requirements, bonding in an amount greater than that required by
state law, and annual audits at the licensee's expense.
5. That the record in this mafter does not demonstrate that the restrictions
proposed by the District Planning Council are reasonable conditions upon the operation
of the business of the Licensee.
6. That the record does not demonstrate any violafion of ordinance or statute
justifying disciplinary action.
� Based upon the fioregairg Conclusions, the Adminis±rat�ve Lar: Judge makes the
following:
RECOMMENDATION
IT IS HEREBY RESPECTFULLY RECOMMENDED: That the St. Paul City
Council approve the renewal of the current City exchange license held by Endeavor
Financial, Inc. d/b/a Currency Exchange IV for the premises located at 577 West
University Avenue in St. Paul.
Dated this _�� day of November 2001.
�
GEORGE A. B
Rdministrative Law Judge
Reported: Taped, No Transcript Prepared.
NOTICE
Pursuant to Minn. Stat. § 53A.04 the St. Paui city Councii is required to forward
its approval or disapprovai of the license appiication to the Commissioner of Commerce
of the State of Minnesota for the Commissioner's approval or disapproval. If the
renewal applicafion is denied, the Commissioner shail mail notice of the denial and the
reason therefor to the Applicant. The applicant, upon denial, may request a further
hearing as provided for in Minn. Stat. § 53A.04(b).
MEMORANDUM
The representative of the District 7 Planning Council testified at the hearing that it
was the Council's goal that all currency exchanges in its neighborhoods be subject to
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restrictions similar to those proposed for this business. He stated this was necessary
due to numerous complaints from the neighborhood and fhe volume of police calls to
this address. Mr. Danielson indicated that there have been 38 police calis for service to
the Licensee since January of 1999. Some of these calls, however, were alarm
responses and the record does not indicate the purpose ofi the other cails.
Mr. Danielson tesfified generally that the area in question is a high crime area
and he expressed his belief fhat this type of business needs to be closely regulated.
However, fhere is no specific evidence in the record to substantiate numerous
complaints from the neighborhood and it cannot be conciuded that fhe number of police
cails is unusual based upon this record. As Mr. Danielson acknowledged, some calls
may relate to attempted check forgeries.
LIEP indicated at the hearing that it recommends issuance of the license without
conditions since it has seen no evidence of violations oy ihis licensee. Sased upon the
record as a whole, this would appear to be an appropriate disposition. Acfion in regard
to the appropriate hours of several businesses might be more appropriately
accomplished legislatively.
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