Loading...
01-1273Council File # 0 � — � .1�'3 ORIGI�IAL Presented B� Referred To RESOLUTION Green Sheet # \\p3 y g' 1 WHEREAS, 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 Team Management, Inc. d/b/a Midwest Check Cashing for the premises at 477 Rice Street, Saint 4 Paul, Saint Paul; and 6 7 8 9 10 11 12 13 14 15 16 17 18 19 WHEREAS, notice of said hearing was duly published; and WHEREAS, the administrative law judge issued Findings of Fact, Conclusions and a recommendation on November 20, 2001 recommending renewal of the license; now, therefore be it RESOLVED, that the Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge shall be adopted in its entirety and shall be attached and incorporated herein by reference; and be it FURTHER RESOLVED, that the currency exchange license renewal application by Team Management, Inc. d/b/a Midwest Check Cashing far the premises at 477 Rice Street, Saint Paul be and is hereby approved and said approval shall be forwarded to the Coxnmissioner of Commerce of the State of Minnesota. Requested by Department o£: By: Adoption Certified by Council Secretary BY: � c�. . Y�-4�+�-� Approved by Mayor: Date ���r By: � ��� ����� Form Approved by City At� brne r By: �� Approved by Mayor for Submission to Council By: CITY OF SAINT PAUL, MINNESOTA l � Adopted by Council: Date ��_ 1a.T a O\ o�-�a�3 �,���,.� GREEN SHEET No 11034$ Cou Blakey 266- 1ST BE ON COUNCIL AGENDA BY (DAT� A331GN NUMBERFOR NOUTIl1 r ORUER TOTAL # OF SIGNATURE PAGES ����� ���._ ❑ pnwnawtv ❑ prrc�nK ❑ FN6�ICIRL9ERNCESGR ❑ AIRIIC111LfErtV/�ClC ❑ YIITORI�AS�TA�11) ❑ (CLIP ALL LOCATIONS FOR SIGNATURE7 Memorializing City Council action taken November 28, 2001, approving the cturency exchange license applicarion by Team Management, Inc., dba Midwest Check Cashing, 477 Rice Street. PLANNING COMMISSION CB COMMITfEE CIVIL SERVICE COMMISSION OF TRANSACTION S SOURCfi RSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: Has this persorJfnm ever xro�ked under a wrAract fwtYus deparlmeM? YES NO Has this persoNfirm ever been a pty empbyee? . YES NO Does this persoNfirm possess a sWl� not nartnallYP�ssed bY anY curtent dly empbyee? VES NO Is th� per�rm a tarpeted veMOR � YES NO COST/REVENUE BUDf3ETED (CIRCLE ON� ACTNITY NIiMBER tlE3 NO (IXPWN) CITY OF SAINT PAUL Norm Co[emnn, Mayor November 14, 2001 OFFICE OF THE CITY ATTORNEY Claytors M. Robinson, Jn, Ciry Attorney o�-��'13 crort o;vrsron 400 City Nal1 Telephone: 65! 266-8710 IS West Facsimite: 65t 298-5619 Saint Pnul, Minrseso(a 55l02 NOTICE OF COUNCIL HEARING 7. Patrick Brinkman Attorney at Law Felhaber Larson Fenlon & Vogt 601 2" Avenue S., Suite 4200 Minneapolis, Minnesota 5402-4302 Ms. Carol A. Toner President Midwest Check Cashing 477 Rice Street Saint Paul, Minnesota 55103 RE: Currency Exchange License Renewal Application submitted by Team Management, Inc. d/b/a Midwest Check Cashing, for the premises located at 477 Rice Street in Saint Paul License ID #: 19980001123 Dear Mr. Brinkman and Ms. Toner: Given the time constraints for a response to the Minnesota Department of Commerce on the 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 5:30 pm.. If you have any questions, I can be reached at 651-266-8710. Sincerely, -�� f'-- '`� V V irginia�� Assistant City Attomey cc: Nanc Anderson Assistant Council Secret b � ���� y , ary, 310 City Hall Christine Rozek, LIEP Lori Ayon & Don Grundhauser, Capitol Heights Block Club, 20 Winter St., St. Paul, MN 55103 Kristen Kidder, Team Leader, Thomas-Dale/Dist.7 Planning Council, 689 N. Dale St., St. Paul, MN 55103-1644 Johnny Howazd, Exec. Director, Thomas Dale Block Clubs, 1034 Lafond Ave., St. Paul, MN 55104 o� •��.�� 1-6020-14591-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE ST. PAUL CITY COUNCIL In Re the License Renewal Appiication of Team Management inc. d/b/a Midwest Check Cashing located at 477 Rice Street 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. Paul City Council, on November 14, 2001 at 10:00 a.m. in Room 42 of the Ramsey County Courthouse. Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 W. Kellogg Bivd., St. Paul, Minnesota 55102, appeared on behalf of the Office of License, Inspections and Environmental Protection ("LIEP"). J. Patrick Brinkman, Esq., of the firm of Felhaber, Larson, Fenlon and Vogt, 601 2n Avenue South, Suite 4200, Minneapolis, Minnesota 55402-4302 and T. Jay Salmen, Esq„ of the firm of Kennedy and Graven, 200 South 6�' Street, Suite 470, Minneapolis, Minnesota 55402, appeared on behalf of the licensee, Midwest Check Cashing. NOTICE This Report is a recommendation, not a final decision. The St. Paul City Council wili make the final decision after a review of the record and may adopt, reject or modify these Findings of Fact, Conclusions, and Recommendation. Under Section 310.05 (c)(c-1) of the city's legislative code, the city councii will provide the licensee the opportunity to present oral or written argument to the city council before it takes final action. The parties shouid contact the St. Paul City Council to determine the procedure for presenting argument. STATEMENT OF ISSUE Should the currency exchange license of Midwest Check Cashing be made subject to conditions? Based upon all the proceedings herein, the Administrative Law Judge makes the fol{owing: 01 -1�.�� FINDINGS OF FACT 1. On October 4, 2001 the Department of Commerce forwarded the Licensee's application to renew its currency exchange license at 477 Rice Street in St. Pau{ to LIEP. A criminal history search for the manager of this office and the owner found no criminal record for either.' 2. On October 8, 2001 LIEP provided a notice to nearby neighborhood organizations of the license renewal application and advised the organizations that if objections were received, the matter would be scheduled for a hearing? 3. LIEP also notified the Licensee that objectors had 15 days after being notified to object to the license renewal. 4. On October 10, 2001, the Licensee paid its renewal fee to the city.' 5. On October 18, 2001, LIEP published notice of the license renewai application in the St. Paul Legal Ledger and invited objections. 6. LIEP received a letter dated October 25, 2001 from the chairpersons of the Capitol Heights Block Club. The Club asked that the City either deny or place conditions on the license of Midwest Check Cashing and stated that if the City was unable fo deny the license, the following conditions shouid be included: The hours of operations should be limited to business hours. The license holder should provide onsite security. The business should provide adequate indoor capacity for its ciients. The business should provide adequate parking for its clients 6 7. LIEP also received a letter from Tait Danielson, lead organizer for the District 7 Planning Council, asking that conditions be placed upon the license. 8. The City issued a Notice of Hearing in this matter on November 7, 2001 which set the hearing date and time for November 14, 2001 at 10:00 a.m. at the Ramsey County Courthouse. The Notice of Hearing was served by mail to Carol A. Toner, President of Midwest Check Cashing on November 7, 2001.' 9. L1EP aiso published the Notice ofi Hearing in the 5t. Paul Legal Ledger on November 8, 2001. ' Exhibit 1. 2 Ex. 2. 3 Ex. 3. ° Ex. 4. 5 Ex. 5. 6 Ex. 6. ' Ex. 9. 8 Ex. 8. � o�- �a�� 10. The hours of operation of Midwest Check Cashing are presently 7:30 a.m. to 8:30 p.m. on Monday through Wednesday, 7:30 a.m, to 9:00 p.m. on Thursday and Friday, 9:00 a.m. to 8:00 p.m. on Saturday, and 10:00 a.m. to 3:00 p.m. on Sunday. 11. Midwest Check Cashing presently has indoor video surveillance. 12. Mr. Danielson be4ieves that the currency exchange business is one that inherentiy attracts criminai activity and needs to be closely regulated. He would like to see the hours of business limited to 8:00 a.m. to 6:00 p.m. Monday through Saturday. 13. There have been 53 poiice calls to the iocation since January of 1999. None of the cails related to criminal activity by the applicant or to drug dealing. Many calis related to the alarm system. Some calis related to forgery. There was also a call for theft and a domestic call. 14. There has been a check cashing business at this location since 1986. The owner asserts that the present hours are needed to service customers during hours that banks are closed. Nearby competitors such as Target and Unbank have similar hours. The location has not experienced drug dealing, loitering or other criminai activity. 15. LIEP recommends approval of the license without conditions because it has received no police reports or direct citizen complaints about the business. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CO1dCLUSiONS 1. The St. Paul City Council 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. Paui has fulfilied 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 as set forth in Minn. Sfat. §53A and Section 381 of the Legislative Code of the City of St. Paul. 4. That Section 381.03(b)(5) provides that the fo{lowing constitutes grounds for license action: Failure of the appiicant 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 310.06. 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. 3 0� .. ��.�t> 5. That the record does not demonstrate any violation of ordinance or statute justifying disciplinary action. 6. That the record in this matter does not demonstrafe that the restrictions proposed are reasonable conditions upon the operation of the business of the licensee. Based upon the foregoing Conclusions, the Administrative �aw Judge makes the foliowing: RECOMMENDAT{OIV IT IS HEREBY RESPECTIVEFULLY RECOMMENDED that the St. Paul City Council approve the renewal of the currency exchange license held by Team Management Inc. d/b/a Midwest Check Cashing for the premises located at 477 Rice Street in St. Paul. Dated this 20'" day of November, 2001. Reported: Taped. }`� / �� GEORGE A. BEC Administrative Law Judge NOTICE Pursuant to Minn. Stat. §53A.04 the St. Paul City Council is required to forward its approval or disapproval of the license application to the Commissioner of Commerce of the State of Minnesota for the Commissioner's approval or disapproval. If the renewal appiication is denied, the Commissioner shall maii notice of the denial and the reasons therefore to the appiicant. The applicant, upon denial, may request a further hearing as provided for in Minn. Stat. §53A.04(b}. MEMORANDUM Mr. Danielson, representing the District 7 Planning Council, testified at the hearing that it was his organization's goal that all currency exchanges in the Councii's neighborhoods be subject to similar restrictions. He testified that the area in questio� is a high crime area and he believes that this type of business needs to be closely a O� -1a'13 regulated. A representative of the Capitol Heights Block Club also testified that safety is an +ssue +n the neighborhood. They believe that consideration should be given now to what might occur in the future at this location. Despite the concerns the two organizations, there is no specific evidence in the record to substantiate a violation of city ordinance or state statute. There was no specific evidence to support a need for improved indoor capacity or more off-street parking. No specific evidence was presented that the current hours of operation, which appeared to be shared by some of the licensee's competitors, is attracting criminal activity. The evidence concerning police calls does not appear to be so unusual as to support disciplinary action. Action against the license can not be taken based upon what might happen in the future. LIEP indicated at the hearing that it recommends issuance of the license without conditions since it has seen no evidence of violations from police reports or direct citizen complaints. Based upon the record as whole, this would appear to be an appropriate disposition. C�� 5 m o, • t�'►� STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) CERTIFICATE OF SERVICE BY U.S. MAIL Debra S. Aws, being first duly sworn, hereby deposes and says that on the 20 day of November, 2001, at the City of Minneapolis, Hennepin County, state of Minnesota, she served the attached Findings of Fact, Conclusions of Law and Recommendation, In Re the License Renewa/ Application of Team Management Inc. d/b/a Midwest Cashing located at 477 Rice Street,� OAH Docket No. 1-6020-14591-3 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. Virginia D. Palmer Assistant City Attorney 400 City Hall 15 W. Kellogg Blvd. St. Paul, MN 55102 T. Jay Salmen, Esq. Kennedy and Graven 200 South 6 Street Suite 470 Minneapolis, MN 55402 District 7 Planning Council J. Patrick Brinkman, Esq. Felhaber, Larson, Fenlon & Vogt 601 2" Avenue South Suite 4200 Minneapolis, MN 55402-4302 Midwest Check Cashing A�TN: Carol A. Toner, President 477 Rice Street St. Paui, MN 55103 ���.tN Debra S. Aws �