01-914RIG1f�AL
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Refened To
Committee: Date
!y
�
1 RESOLVED, that the Recycling Processing Center license application by Glen E.
2 Berhow, d/b/a G.B. Core, for the premises at 500 Bush Street in Saint Paul is hereby denied.
3
4 FURTHER RESOLVED, that the findings of fact and conclusions of law contained in the
5 Administrative Law Judge Report in this matter dated December 19, 2000 are adopted as the
6 written findings and conclusions of the Council in this matter, except as amended below. The
7 reasoning of the Memorandum of the ALJ attached to the findings and conclusions is not
8 adopted. The recommendation of the ALJ for issuance of the license is also not adopted.
10 FURTHER RESOLVED, that the following amendments to the ALJ Report are hereby
I1 adopted:
12
13 1
14
Finding of Fact #3 is amended to read as follows:
15 " 3. G.B. Core has operated at locarion in St. Paul for several years receiving
16 goods for inspection, processing the goods and shipping them to its Green Bay
17 headquarters. G.B. Core has never obtained a license to do business in St. Paul.
18
19
20
21
22
23
24
25
26
27
2.
3.
Finding of Fact #4 is amended to read as follows:
" 4. In the Fall of 1999, G.B. Core purchased property at 500 Bush Street in St.
Paul and moved its business operation to that site. G.B. Core never contacted the
Office of License and Inspections to determine whether thev needed a license to
o�erate their business."
The following Finding of Fact #17A is added:
28 "17A. Mr. Trooien, who lives next doar to the proroertv, testified to a number of
29 occasions when he observed fresh oil spills on the �round outside the buildine at
30 500 Bush Avenue. He �rovided photo�ra�hs of the spots, the recvcled auto parts
31 that might contain such oil and of oil druins on the propertv, and testified that he
32 had personallv observed that the substance on the eround appeared to be motor
33 oil."
34
35
36
37
38
4. Finding of Fact #20 is amended to read as follows:
" 20. Neither Schweinler nor Zangs were aware of any complaints about the
Applicant at any prior addresses. It was undisputed that Applicant had operated at
Council File # Q�_�
Green Sheet # �C�(n Q \ �
1 prior addresses in Saint Paul for man�vears without a license, and there was no
2 testimonv that he had ever inquired about the need for a license or affirmativeiy ��—h�
3 exnlored whether there were requirements for his business.
4
5 5. Conclusion # 6 is amended to read as follows:
6
7 " 6. That Applicant has the burden of showing that he is entitled to issuance of a
8 license. The Record supports that the property in question is properly zoned for
9 the type of business conducted by ffie Applicant; that all the necessary approvals
10 have been received from the City departments; and, the Applicant hs agreed to
11 condtions on the license to insure compliance of local, county, and state statutes,
12 rules and regulations, as well as to deal with some of the concerns voiced by the
13 neighbors. The Applicant has not met its burden of proof. however, because the
14 testimonv showin tg he repeated violations of laws relating to disposal of
15 hazazdous waste while this matter was pendin¢, and the operation without a
16 license at prior locations and at this location show that A�piicant has en�a e¢ d in a
17 uattern or practice of conduct of failure to compiy with laws reasonablv related to
18 the licensed activitv, which is a basis for adverse action under Saint Paul
19 Leeislative Code &310.06(b�)c, and the unlawful dis�osal of oil created serious
20 daneer to the public health, safet�r welfaze, which is a basis for adverse action
21 under Saint Paul Leeislative Code §310.06(b2(7Z
22
23 6. Conclusion # 7 is amended to read as follows:
24
25 " 4. The Record does r�et support the District Five Council's objections that the
26 Applicant is unfit under St. Paul Legislative Code Section 310.06(b)(6)c. and
27 section 310.06(bl(71, based upon the testimony of a pattern of violations of laws
28 relating to disposal of hazazdous waste and the long period of operation without a
29 license at prior locations without any affirmative attempts to deterxnine whether
30
31
32
33
34
licenses were required as well as operation at the current location without a
license.
Conclusion # 10 is deleted in its entirety.
35 This Resolution is based on the record of the proceedings before the ALJ, including the
36 hearing on October 12, 2000, the documents and exhibits introduced therein, the findings of fact
37 and conclusions of law of the ALJ as referenced above, and the deliberations of the Council in
38 open session on January 24, 2001.
39
1
2
3
4
5
A copy of this Resolution, as adopted, shall be sent by first class mail to the
Administrative Law Judge, and to the License ApplicanYs attorney, James Yazosh.
QRiG��IAL
�\-
Requested by Department of:
Adopted by Council: Date ��. '1 aa'�OZ
�
Adoption Certified by Council Secretary
By: `�_ � A�._._
Approved by Mayor: Date � Z� ��---
I
BY � �
By:
Form Approved by City Att ey
By: i o
Approved by Mayor for Submission to Council
By:
� �•q1
GREEN SHEET
Virginia Palmer
February 7, 2001 - Consent
�
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(CLIP ALL LOCATIONS FOR SIGNANRE)
Resolurion memorializing City Council action taken Jattuary 24, 2001, denying the application for a
Recycling Processing Center License by Glen E. Berhow, dba G.B. Core, Inc., 500 Bush Street.
PLANNING COMMISSION
CIB CAMMITTEE
CNIL SERVICE CAMMISSION
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70UNT OF TRANSACTION
SOURCE
NFORMAiiON (F1�WN)
266-8710
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COST/REVENUE BUDGETED (CIRq.E ONE)
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YES NO
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
100 Washington Square, Suite 1700
100 Washington Avenue South
Minneapolis, Minnesota 55401-2138 � —
December 19, 2000
Fred Owusu, City Clerk
City of Saint Paul
170 City Hall
15 West Kellogg Blvd.
Saint Paul, MN 55102
RE: In the Matter of the License Application of Glen E.
Berhow d/b/a G.B. Core, Inc.; OAH Docket No. 9-2111-
13169-2
Dear City Clerk Owusu:
� �
Enclosed herewith and served upon you by mail is the Administrative Law
Judge's Findings of Fact, Conclusions and Recommendation in the above-
entitled matter. Also enclosed is the official record, with the exception of the tape
recording of the hearing. Copies of those tapes will be sent to you under
separate cover. Our file in this matter is now being closed.
Sincerely,
=�����- � �-�'
PHYLLIS A. REHA
Administrative Law Judge
Telephone: 612/341-7602
PAR:aws
Encl.
cc: Virginia D. Palmer, Assistant St. Paul City Attorney
James A. Yarosh, Attorney at Law
R��E��!E�
�EC 21 2000
�d �`Y �L�F�f�
Providing Impartial Hearings for Govemment and Citizens
An Equal Opportunity Employer
Administrative Law Section &Administrative Services (612) 341-7600 �TfY No. (612) 341-7346� Fax No. (612) 349-2665
oi- qr
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 19 day of December, 2000, at the City of Minneapolis, county and state
aforementioned, she served the attached Findings of Fact, Conclusions and
Recommendation; Docket No. 9-2111-13169-2 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 Hail
15 West Kellogg Bivd.
Saint Paul, MN 55102
Virginia D. Palmer
Assistant St. Paul City Attorney
400 City Hall
15 West Kellogg Blvd.
Saint Paul, MN 55102
James A. Yarosh
Attorney at Law
1300 Washington Square
100 Washington Avenue South
Minneapolis, MN 55401
Subscribed and sworn to before me
this � h day of December,
�
��.�
Debra S. Aws
'r���
�� IeVONRE�
Morun r�. y
MN COMMISSION EXPF
JANUMY 31.20pg
0�-4�
9-2111-13169-3
OFFICE OF ADMINISTRATIVE HEARINGS STATE OF MINNESOTA
FOR THE CITY OF SAINT PAUL
In the Matter of the License Application of FINDfNGS OF FACT,
Glen E. Berhow d/b/a G.B. Core, Inc. CONCLUSIONS OF LAW
AND RECOMMENDATION
The above-entitled matter came on for hearing before Administrative Law
Judge Phyllis A. Reha at 9:30 a.m. on October 12, 2000 in Room 220, St. Paul
City Hall, Ramsey County Courthouse, 15 West Kellogg Boulevard, St. Paul,
Minnesota.
Virginia D. Palmer, Assistant St. Paul City Attorney, 400 City Hall, 15 West
Kellogg Boulevard, St. Paul, Minnesota, appeared on behalf of the Office of
License, Inspections and Environmental Protection (LIEP). James A. Yarosh,
Attorney at Law, 1300 Washington Square, 100 Washington Avenue South,
Minneapolis, Minnesota, 55401 appeared on behalf of the Applicant, Glen E.
Berhow, d/b/a G.B. Core, Inc.
The record closed on November 7, 2000 with the receipt with the Iast post-
hearing submission.
NOTICE
This Report is a recommendation, not a final decision. The City Councii
will make the final decision in this matter, after its review of the record. The City
Council may adopt, reject or modify the Findings of Fact, Conclusions, and
Recommendation contained herein. The Council will consider the evidence in
this case and the Administrative Law Judge's Recommendation, but will not
consider any factual testimony not previously submitted to and considered by the
Administrative Law Judge. The Licensee will have an opportunity to present oral
or written arguments regarding its position on the Recommendation of the
Administrative Law Judge in the application of the law or interpretation of the
facts and may present argument related to its position. Parties should contact
the Saint Paul City Council, 310 City Hall, Saint Paul, Minnesota 55102 to
ascertain when the Council will consider this matter and procedures for filing
exceptions or presenting arguments.
STATEMENT OF ISSUE
The issue in this matter is whether the City should grant a Recycling
Processing Center License to the Applicant, Glen E. Berhow, d/b/a G.B. Core,
Inc.:
Based upon all of the proceedings herein, the Administrative Law Judge
makes the following:
���g t
FINDINGS OF FACT
1. G.B. Core, Inc. is a company that purchases used engines,
transmissions and catalytic converters and selis them to remanufacturing
companies throughout the world.'
2. The company has been in business for over 12 years and has its
corporate headquarters in Green Bay, Wisconsin?
3. G.B. Core has operated at locations in St. Paul for several years
receiving goods for inspection, processing the goods and shipping them to its
Green Bay headquarters.
4. {n the Fa11 of 1999, G.B. Core purchased property at 500 Bush Street
in St. Paul and moved its business operations to that site.
5. The property on which the business is located is zoned I-1 Industrial,
and would allow the collection and storage of auto parts, but would not permit
any type of auto salvage. G.B. Core does not operate a saivage operation.
6. The existence of the business first came to the attention of St. Paul
O�ce of License, Inspection and Environmental Protection ("LIEP') when they
investigated a complaint concerning alleged auto salvage activity on the street in
front of the property. The zoning administrator advised those present that they
could complete the operation but that no additional activity would be allowed in
the building or surrounding property until zoning, licensing and building
recertification issues were resolved.
7. The Applicant was advised in a letter dated December 2, 1999 that it
could not operate until a license was issued.' After the Applicant advised LIEP
that the nature of the business did not include any type of auto salvage, staff of
LIEP advised the Applicant that it was a practice of the City to allow a business to
operate while a license application was pending. On December 10, 1999,
Lawrence Zangs of LIEP sent a letter to Glen Berhow, the President of G.B. Core
stating that G.B. Core needed to obtain a business license for a recycling action
center. Zangs indicated that the property was appropriately zoned for G.B.
Core's use. LIEP determined that a Recycling Center License was the type of
St. Paul City Ordinance license, which best fit G.B. Core's business.'
8. The Applicant submitted an application for the Recycling Center
License on January 3, 2000.
' Testimony of Glen E. Berhow, President, G.B. Core, Inc.
2 Id.
3 �d.
° Id.
5 Exhibit 1, Testimony of Lawrence Zangs.
6 Testimony of Lawrence Zangs.
' Exhibit 1.
8 Testimony of Berhow, Schweinler and Zangs.
9 Exhibit 3.
10 Testimony of Schweinler and Zangs.
2
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9. The Appiicant was notified by letter dated March 9, 2000 that LIEP
still needed some information for the license application, inciuding a copy of the
lease or purchase agreement for the property, a copy of the State of Minnesota
tax identification number certificate, and a signed copy of conditions being
proposed for the license. The letter also included the following statement: "If you
wish to continue to operate your business, you must submit the aforementioned
requirements by March 20, 2000."
10. 7he Applicant agreed to the placement of the following five
conditions on the license:
(1) The collection and processing of parts, for shipment, shall be
conducted inside the building.
(2) The business operation at this licensed premise should not be in
the manner of an auto salvage use.
(3) There shall be no exterior storage.
(4) The handling and storage of vehicle fluids, batteries, etc. shall
be in accordance with the Ramsey County waste regulations.
(5) The dumpster must be stored on the property and not in the
alley, street, or on the public sidewalk.
11. A copy of these license conditions was signed by the Applicant on
March 13, 2000, and the license was considered complete and proceeded
forward.
12. The Applicant agreed to a sixth condition after a public hearing,
which limits the business hours of operation from 7:00 a.m. to 7:00 p.m. The
sixth condition was signed on August 17 2000,
13. A Recycling Collection Center License is a Class N License which
requires notice of the license application to be sent to properties within 300 feet
of the proposed location, and the District Council or neighborhood organization,
and attow them an opportunity to object to the ficense.'
14. Notice was sent by LIEP to the properties and the District Five
Planning Council. LIEP received several objections from property owners and
the District Five Planning Council. A hearing was scheduled before a
Legislative Hearin�q Officer on May 10, 2000, and then rescheduled and held on
August 17, 2000.'
15. The Office of LIEP summarized the licensing application for the
Legislative Hearing Officer, and recommended issuance of the license with six
" Exhibit 5.
1z Exhibit 6.
'3 Id.
' Testimony of Schweinler, Saint Paul Legislative Code Section 310.04 (d)(1).
15 Exhibit 8 and 10.
16 Exhibit 9 and 12.
3
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conditions. These were the five conditions initially signed by Applicant and the
additional sixth condition added after the hearing on August 17, 2000."
16. Objections were raised at the hearing to issuance of the license by
the District Five Planning Council based upon the following allegations: 1) that
the Applicant was operating before the license was issued; 2) that the Applicant
was illegally disposing of hazardous materials; 3) that the Applicant was doing
work on the building withoui permits; and, 4) that engine and auto parts were
being left outside of the building, in violation of one of the proposed conditions. A
neighbor objected to issuance of the license because the business was operating
without a license, was doing building without permits and was illegaliy disposing
of hazardous materials.
17. City Inspector Christine Schweinler, who determined no violations
existed, investigated the objections and complaints. Schweinler referred the
hazardous material complaint to Ramsey County. Typically, if there were a
violation of County environmental regulations, Schweinler would hear back from
the County. With respect to G.B. Core's operation, Schweinler never heard back
from the County.'
18. Mike Cimmaglio, an Inspector from the Ramsey County Department
of Public Health, Environmental Health Section, visited G.B. Core's property. Mr.
Cimmaglio informed the Applicant about the hazardous waste management plan
which requires a business to store and label used oil containers according to the
inspection reports and requires regular reporting by the business?
19. G.B. Core, at the suggestion of the City's fire inspector, placed the
drums of used oil it collects in the ordinary course of business on a platform so
as to avoid any possibility that oil could spill on the floor 2
20. Neither Schweinler nor Zangs were aware of any complaints about
the Applicant at any prior addresses.
21. Before alteration to the building, the Applicant asked the City
whether it needed a building permit. The City informed the Applicant that no
permit was necessary for the type of alterations it intended to make. After the
August 17, 2000 public hearing concerning the license, the Applicant checked
with a City building inspector to assure himself that he wouid not need to obtain a
building permit. The building inspector informed the Applicant that to be on the
safe side he should obtain a minor building permit. G.B. Core obtained the
permit. The Applicant was not charged with any type of violation of building
permit requirements2
"Exhibit 11 and 15.
18 Exhibit 15.
t9 Testimony of Schweinler.
20 Testimony of Fred Gonzales.
Z' Id.
ZZ Testimony of Schweinler and Zangs.
23 Testimony of Berhow.
0
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22. With respect to the auto parts and other debris being left outside the
building, Schweinler, upon her visit to the property, did not observe any auto
parts or garbage outside of the building?'
23. It is common knowledge among City officials that iilegal dumping of
garbage is a problem in that area of Saint Paul. The ApplicanYs employees
maintain clean premises and appropriately dispose of garbage dumped on its
property Z5
24. After a review by the relevant departments within the City, the City
staff recommended approval of G.B. Core's recycling Collection Center License.
25. The Legislative Hearing Officer sent the matter to the City Council
on September 6, 2000 with a recommendation that the license be issued with the
six proposed conditions. The City Council sent the matter to be heard before an
Administrative Law Judge from the Office of Administrative Hearings.
26. Notice of the Hearing was sent to the Applicant and to a number of
neighborhood groups, including the District Five Planning Council.
27. The LIEP staff continued to recommend issuance of the license with
the conditions proposed, and which Applicant had agreed to. The LIEP staff
determined that they determined the appropriate type of license for the business
Applicant intended to operate, and that the Recycling Processing Center License
is the closest licensure appropriate for this business.
28. Bruce Sylvester, a paid staff person for the District Five Planning
Council, and Troy Trooien, whose home is directly adjacent to the property, both
testified at the hearing in opposition to the license. The opposition is consistent
with the previous opposition submitted to the Legislative Hearing Officer. Mr.
Trooien further recommended a number of additional conditions, including the
foilowing:
(1) Keeping a cover over the scrap metal dumpster;
(2) Requiring the Applicant and all employees to undergo training in
the storage and disposal of hazardous waste;
(3) Making unannounced inspections by the neighborhood council;
(4) Requiring the Applicant to post a perfiormance bond;
(5) Requiring the Applicant to construct a fence around the eastern
portion of the property; and
(6) Requiring the Applicant to keep the dumpster locked during
non-business hours.
29. John Londino, a neighbor to the property, also testified in opposition
to the license. He is concerned that the business is not operating within the
hours set forth in the conditions. He is further concerned that the trucks
24 Testimony of Schweinler.
25 Testimony of Schweinler and Gonzales.
Z6 Exhibit 13.
Z ' Testimony of Troy Trooien.
5
o1-ql
delivering auto parts to the property have blocked the road on at least two
occasions per month sometimes for hours at a time.
30. The neighbors registering complaints do not object to G.B. Core's
use of the property, but believe that the Applicant is of unfit character.
Based upon the foregoing Findings of Fact, the Administrative Law Judge
makes the following:
CONCLUSIONS
1. The Administrative Law Judge and the City Council of the City of
St. Paul have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and St.
Paul Legislative Code § 310.05.
2. The Notice of Hearing was proper in all respects and the City has
complied with all other substantive and procedural requirements of law or rule.
The City provided Notice of the Hearing to the property owners and
neighborhood organizations for the area in which the business is located.
3. The City has authority to grant licenses and the Applicant has not
challenged its determination that a Recycling Collection Center License is the
correct license for this business.
4. The City may impose reasonable conditions on a business license
for the purpose of promoting public health, safety and, welfare.
5. The Applicant has agreed to six conditions that were recommended
by LIEP.
6. The Applicant has the burden of showing that he is entitled to
issuance of a license. The Record supports that the property in question is
properly zoned for the type of business conducted by the Applicant; that all the
necessary approvals have been received from the City; and, the Applicant has
agreed to conditions on the license to insure compliance of local, county, and
state statutes, rules and regulations, as well as to deal with some of the concerns
voiced by the neighbors. The Applicant has met its burden of proof.
7. The Record does not support the District Five Council's objections
that the Applicant is unfit under St. Paul Legislative Code Section 310.06(b).
8. The suggested condition by Mr. Trooien that a cover be kept over the
scrap metal dumpster is a reasonable one and should be considered by the City
Council as an added condition to the license.
9. The concern expressed by Mr. Londino about trucks blocking the
street is a reasonable concern. Adding a condition requiring the Applicant not to
permit trucks delivering parts to the business to block the street preventing use
by through traffic should be considered by the City Council as an added condition
to the license.
28 Testimony of John Londino.
29 Testimony of Sylvester, District Five Planning Council.
3o St. Paul Legislative Code § 31�.�6 (c).
6
�/
10. The foregoing conclusions are made for the reasons set forth in the
Memorandum which follows, is hereby incorporated by reference.
Based upon the foregoing Conclusions, the Administrative Law Judge
makes the following:
RECOMMENDATION
IT IS HEREBY RECOMMENDED: that the St. Paul City Council GRANT
the Application by Glen E. Berhow d/b/a G.B. Core's Application for a Recycling
Process+ng Center License with the conditions as set forth herein.
Dated this 19�' day of December, 2000.
���yi ��'2 G1.. ��e�
PHYLLIS A. REHA
Administrative Law Judge
Reported: Taped
NOTICE
ft is respectfully requested that the City Council provide a copy of its final
decision to the Administrative Law Judge by first class mail.
u�:_►�
A municipality can not deny an application for a license arbitrarily or
unreasonably. Under the Saint Paul City Code, where the application for the
grant of a Class N license meets all the requirements of law, and where there
exists no ground for adverse action, the Director shall issue such license in
accordance with Iaw. The Office of License, Inspections and Environmental
Protection is recommending issuance of the license with conditions, based upon
the review of the application, and approvals by zoning, licensing, fire and
environmental health. The evidence establishes that the Applicant meets all the
requirements of law as demonstrated by the Office of LIEP's recommendation to
approve the license.
The matter was referred for hearing before an Administrative Law Judge
based upon the objections of the District Five Planning Council and other
neighbors who objected to the issuance of the license to the Applicant. The
concerns of the neighbors and the District Five Planning Council is not the nature
31 State ex. rel. Rainer vs. City of Minneapolis, 204 N.W. 632, 633 (1925).
32 Saint Paul Legislative Code, Section 310.04(d)(1)
7
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10. The foregoing conclusions are made far the reasons set forth in the
Memorandum which follows, is hereby incorporated by reference.
Based upon the foregoing Conclusions, the Administrative Law Judge
makes the following:
RECOMMENDATION
IT IS HEREBY RECOMMENDED: that the St. Paul City Council GRANT
the Application by Glen E. Berhow d/b/a G.B. Core's Application for a Recycling
Processing Center License with the conditions as set forth herein.
Dated this 19� day of December, 2000.
��r�,-��- �. �'-�,��
PHYLL S A. REHA
Administrative Law Judge
Reported:
NOTIGE
It is respectfully requested that the City Council provide a copy of its final
decision to the Administrative Law Judge by first class mail.
MEMORANDUM
A municipality can not deny an application for a license arbitrarily or
unreasonably. Under the Saint Paul City Code, where the application for the
grant of a Class N license meets all the requirements of law, and where there
exists no ground for adverse action, the Director shall issue such license in
accordance with law. The Office of License, Inspections and Environmental
Protection is recommending issuance of the license with conditions, based upon
the review of the application, and approvals by zoning, licensing, fire and
environmental health. The evidence establishes that the Applicant meets all the
requirements of law as demonstrated by the Office of LIEP's recommendation to
approve the license.
The matter was referred for hearing before an Administrative Law Judge
based upon the objections of the District Five Planning Council and other
neighbors who objected to the issuance of the license to the Applicant. The
concerns of the neighbors and the District Five Planning Council is not the nature
31 State ex. rel. Rainer vs. City of Minneapolis, 204 N.W. 632, 633 (1925).
3z Saint Paul Legislative Code, Section 310.04(d)(1)
7
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of the business, but the character of the Applicant, who they believe "is not a
person of the good moral character or fitness required to engage in a license
activity, business or profession." They also believe that the Applicant has
engaged in a"pattern or practice of conduct or failure to comply with laws
reasonably related to the license activity or from which an inference or lack of
fitness or good character may be drawn." They assert that the Applicant has
"failed to comply with any conditions set forth in the license, or set forth in the
resolution granting or renewing the license." They further assert that "the
license activity has created a serious danger to the public health, safety or
welfare." Finally, they claim that the "Applicant has materially changed or
permitted a material change in the design, construction or configuration of the
license premises without... having first obtained the proper building permits from
the City.°
Most of the concerns voiced by the neighbors or planning council
representative are in the nature of unsubstantiated allegations. These can not be
the basis for denying the Applicant a license. G.B. Core learned for the first time
in December of 1999, that the City of Saint Paul required it to obtain a Recycling
Collection Center License for its new location, despite having operated in the City
of Saint Paul for several years without any complaints. Upon learning that it
needed a license, G.B. Core complied with the City's request and accepted the
placement of six conditions on its license. G.B. Core has been operating
continuousiy since it first learned of the iicensing requirement. The evidence
shows that City policy allows businesses requiring a license to continue to
operate while applying for a license. In fact, Laurence Zengs testified that the
City had a difficult time deciding what type of license, if any, G.B. Core needed to
operate at the 500 Bush Street location. After consulting with a senior license
inspector, the Office of LIEP determined that the Iicensing status of G.B. Core's
business would require a Recycling Collection Center License as it was the
closest fit to the ApplicanYs business operations. On December 10, 1999, the
City notified the Applicant of its licensing status; and, although the letter indicated
that G.B. Core could not operate its business until it received its Recycling
Collection Center License, Christine Schweinler stated that the inclusion of the
statement in the letter was in error because the City does allow a business to
continue to operate while it is in the process of obtaining a license. Schweinler
further testified that applying for and receiving a business license takes time and
that the City gives businesses an opportunity to obtain a license and to comply
with any required conditions. Thereafter on January 3, 2000, the applicant
applied for the Recycling Collection Center License and agreed to five conditions.
The applicant then agreed to a sixth condition after a public hearing in August of
2000.
33 Saint Paul Legislative Code, Section 310.04(d)(1);
34 Saint Paul Legislative Code Section 310.06(b)(6)c.
3s Saint Paul Legislative Code Section 310.06(b)(5).
as Saint Paul Legislative Code Section 310.06(b)(7).
37 Saint Paul Legislative Code Section 310.06(b)(11).
38 Testimony of Ghristine Schweinler.
ss Id.
� $
01-9/
Prior to the public hearing, the City received two letters from citizens with
concerns about G.B. Core's business. Specifically, the residents concerns
included: 1) the business currently seems to be operating illegally without a
Iicense; 2) the business has disposed of hazardous materials (oil and fluorescent
bulbs) in an illegal manner; 3) the Applicant has done work on its building without
proper building permits; and, 4) engine and auto parts have been left lying
outside of the building.
Ms. Schweinler investigated these complaints and determined that no
violations existed. In fact, Schweinler did not notice any debris outside of the
building when she visited. The City acknowledges that illegal dumping of
garbage frequently occurs in the area and the company testified that the
applicanYs employees clean up and appropriately dispose of garbage that has
been dumped on its property.
With respect to the concerns of hazardous materials, Schweinler referred
the complaint to Ramsey County and never heard back. She indicated that had
there been a violation of County regulations she would have heard something
from the County. In fact, an inspector from the Ramsey County Department of
Public Health and Environmental Health Section has visited the property and
informed the Applicant that it appropriately handles hazardous wastes.
With respect to the complaint concerning the buifding permit, this matter
was referred to another department within the City. The City has not issued any
violations of building permit requirements. The Applicant did affirmatively contact
the City Building Permit Department who informed the Applicant that it did not
need a building permit to make the alterations to its buiiding. Despite this advice,
the Applicant did obtain a minor buiiding permit for construction at the site.
Based on these facts, it can not be determined that the App�icant has failed to
comply with any conditions set forth in the license, or that its activities have
created a serious danger to the public health, safety or welfare, or that it has
done construction on the licensed premises without a proper building permit from
the City.
With respect to the issue of lack of fitness or good character, there is no
direct evidence in the record to support a finding that Applicant made any
misrepresentations of materia{ fact in its Application. IVor have the ob}ectors
established any pattern or practice of conduct for failure to comply with laws
reasonably related to the ticense activity, or from which an inference of lack of
fitness or good character may be drawn. The concern expressed by the District
Five Council that the Applicant has been operating while the license application
was pending, might appear to be a technical violation of the ordinance; yet, the
testimony from the licensing and zoning inspectors was clear that they were fully
aware that the Applicant was operating, and it was not unusual with this type of
license to permit operation while the application was pending. In fact, the letter
to Applicant dated March 9, 2000 from the Office of LIEP refers to the fact that
Applicant can "continue to operate" the business if he submits the required
40 Testimany of Schweinler.
9
information and the license application is considered active. Ms. Schweinler
testified that when she visited the site and observed work being done, she
advised the Applicant to call to find out whether a building permit was required.
This conduct does not rise to the level of "a pattern or practice of conduct, or a
faiiure to comply with laws reasonabiy related to the Iicense activity." The
evidence demonstrates, that the City allowed the Applicant time to make
application and comply with its license. Some of the concerns expressed by the
neighbors are that they do not trust the Applicant. This is an insufficient and
arbitrary reason for denying the permit. However, several of the concerns voiced
by the neighbors and the District Five Planning Council are valid concerns. The
Administrative Law Judge has recommended that the City Council consider
adding two additional conditions to the Applicant's license. Those are:
(1) that a cover be kept over the scrap metal dumpster; and
(2) that the Applicant not permit any trucks delivering parts to the business
to block the street and to prevents its use by regular traffic.
The conditions that have been placed upon the ApplicanYs license and
these added conditions presume that the Applicant will be inspected on a regular
basis to determine compliance with the conditions on the license and that all
relevant rules and regulations related to the operation of the business will be
expected. Violations, if any, can then be acted upon through appropriate
adverse action through the Office of LIEP. In conclusion, the evidence submitted
at the hearing demonstrates that the Applicant is entitled to its Recycling
Collection Center License.
�
i[�
CITY OF SAINT PAUL
Norns Colemnn, Mayor
November 3, 2000
The Honorable Phyllis A. Reha
Administrative Law Judge
Office of Administrative Hearings
100 Washington Squaze, Suite 1700
Minneapolis, MN 55401
OFFICE OF THE CITY ATTORNEY D 1, !�, /
-. Clayton M. Robinson, Jc, C!ty Attorney 7
RECEIVED �;�,rD,,,;s,o„
� n A p� ( �r� OOCiryHall Telephone:651266-8710
1}� �7�� '� NC5 ili' .1 j WeszKeltoggBtvd. Facsemile: b51 298-5679
r Saint Paul, Minnuota �5102
nv'I' � i i
I'i��ft11F V �
RE: In Re the License Application of Glen E. Berhow, d/bla G. B. Core, Inc.
Deaz Judge Reha:
Enclosed please find the City's Final Argument in the above-entitled matter, together
with the Proposed Findings of Fact, Conclusions and Recommendation you requested from the
Parties. A copy of the same has been served by mail upon attorney for the Applicant, James
Yarosh.
Please feel free to contact me if you have any questions.
Sincerely,
�L����Q-���.
Virginia D. Palmer
ASsistant City Attorney
cc: James Yazosh
CITY OF SA1NT PAUL
Norm Coleman, Mayor
November3,2000
James Yarosh
Attomey at Law
1300 Washington Squaze
Minneapolis, MN 55401
4 R;
i�; U� ;: iii S{ i?H c 1 i��C
��iyf'ii�t V J
OFFICE OF THE CITY ATTORi�IEY Q J_ g/
Clnyton M. Robinson, Jr., CiryAliorney
4 � C l. i Y t D CivilDivision
/� n 400 Ciry Hall Telephone: 651 166-8 7/0
U� �U� —� �� ��; 3�ISWestKelloggBlvd. Fauimile: 651298-56l9
Saint Pnu1, Minrsesofa 55/01
RE: In Re the License Application of Glen E. Berhow, d/b/a G. B. Core, Inc.
Dear Mr. Yarosh:
Enclosed and served upon you by United States Mail please find the City's Final
Argument in the above-entitled matter, together with the Proposed Findings of Fact, Conclusions
and Recommendation.
Please feel free to contact me if you have any questions.
Sincerely,
� J �C�t' �w
���
Virginia D. Palmer
Assistant City Attorney
cc: Judge Phyllis A. Reha
��-g/
STATE OF NIlNNESOTA
OFFICE OF ADMINISTRATNE HEARINGS
FOR THE COUNCIL OF THE CITY OF SAINT PAUL
In Re the License Application of
Glen E. Berhow, d/b/a G.B. Core, Inc.
FINDINGS OF FACT,
CONCLUSIONS, AND
RECOMMENDATION
The above-entitled matter was heazd by Administrative Law Judge Phyllis A. Reha,
acting as a hearing officer fort the Saint Paul City Council, on October 12, 2000, at 9:30 a.m. in
Room 220 of the Saint Paul City Hall- Ramsey County Caurthouse, 15 West Kellogg Boulevazd,
Saint Paul, Minnesota.
Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Boulevard,
Saint Paul, MN 55102, appeared on behalf of the Offica of License, Inspections and
Environmental Protection (LTEP). James A. Yazosh, 1300 Washington Square, 100 Washington
Avenue South, Minneapolis, MN 55401 appeared on behalf of the Applicant, Glen E. Berhow,
who was present. The record closed on November 3, 2000 with the receipt of the last post-
hearing submission.
NOTICE
This Report contains a recommendation and not a final decision. The final decision will
be made by the Saint Paul City Council, which may affirm, reject or modify the Findings and
Conclusions contained herein. The Council will consider the evidence in this case and the
Administrative Law Judge's recommended Findings of Fact and Conclusions, but will not
consider any factual testimony not previously submitted to and considered by the Administrative
Law Judge. The Licensee will haue an opportunity to present oral or written arguments
regarding its position on the recommendation of the Administrative Law Judge in the application
of the law or interpretation of the facts and may present argument related to its position. Parties
should contact the Saint Pau: City Council, 310 City Hall, Saint Paul, Minnesota, 55102 to
ascertain when the Council will consider this matter, and the procedure for filing exceptions or
presenting argument.
STATEMENT OF THE ISSUES
The issue in this matter was whether the City should grant a Recycling Processing Center
license to the Applicant.
Based upon the files, records and proceedings herein, the Administrative Law Judge
(AL� makes the following:
ol-g�
FINDINGS OF FACT
1. The Applicant, Glen E. Berhow, d/b/a G. B. Core, Inc., has applied for a Recycling
Collection Center license to operate a business at 500 Bush Avenue, in Saint Paul. This is the
type of license which was recommended by the Office of LIEP after consultation between the
licensing and zoning inspectors, based upon ApplicanYs description of the intended use of the
property.'
2. The property on which the business is proposed to be located is zoned I-1 industrial,
and would allow the collection and storage of auto parts, but would not permit any type of auto
salvage.
3. The existence of the business first came to the attention of LIEP when they
investigated a complaint about auto salvage on the street in front of the property. The zoning
administrator advised the people present that they could complete the operation but that no
additional activity would be allowed in the building or surrounding property until zoning,
licensing and building re-certification issues were resolved. 3
4. The Applicant was advised in a letter dated December 2, 1999 that he could not
operate until a license was issued, but testimony by both Mr. Zangs and Ms. Schweinler was that
businesses such as these frequently aze allowed to operate while the license application is
pending.
5. The Applicant submitted an application for a license dated January 3, 2000 5
6. The Applicant was notified by letter dated Mazch 9, 2000 that LIEP still needed
some information for the license application, including a copy of the lease or purchase agreement
for the property, a copy of the State of Minnesota Tas Identification Number Certificate and a
signed copy of conditions being proposed for the license. This letter also included a statement
that applicant could not conduct a recycling collection center without a valid license, and stated
"If you wish to continue to operate your business, you must submit the aforementioned
requirements by March 20, 2000.
�Testimony of Kristina Schweinler, senior license inspector, and of Lawrence Zangs,
zoning staff.
Z Each. 1. Testimony of Lawrence Zangs.
3 Testimony of Lawrence Zangs.
° Each. 1, Testimony of Kristina Schweinler and Lawrence Zangs.
5 E�. 4
6 Exh. 5
�1-9i
had inspected the business and had advised them on a Hazardous Waste Management Plan,
which requires the business to store and label used oil containers according to the inspection
report, and requires regular reporting by the business.
CONCLUSIONS
1. The Administrative Law 7udge and the Saint Paul City Council have jurisdiction of this
matter pursuant to Saint Paul Legislative Code §310.05.
2. The Applicant received timely and proper notice of the hearing and the City has complied
with all relevant substanrive and procedural requirements of statute and rule. The City provided
notice of the hearing to the neighborhood community organizations for the area in which the
business is located.
3. The City has authority to grant licenses, and its determinarion that a recycling processing
center is the correct license for this business has not been challenged by the Applicant.
4. The City may impose reasonable condirions on a business license with the consent of the
Applicant or after a hearing to determine if they are appropriate. Applicant has agreed to the six
conditions being recommended by the Office of LIEP.
5. The Applicant has the burden of showing that he is entitled to issuance of a license. The
record supports that the properiy in question is properly zoned for the type of business, and that
all of the necessary approvals have been received from the City, and Applicant has agreed to
conditions on the license to insure compliance with Iocal, county and state statues, rules and
regulations, as well as to deal with some of the concerns voiced by neighbors.
6. The neighbors objections that the Applicant is unfit under Saint Paul Legislative Code
§310.06(b) are not supported by the record.
7. The suggested condition by Mr. Trooien that a cover be kept over the scrap metal dumpster
is a reasonable one, and should be added as a condition on the license.
8. The concern by Mr. Londino about trucks blocking the street is a legitimate one and an
additional condition should be added requiring that the Applicant not permit any trucks
delivering parts to the business to illegally block the street and prevent its use by regular traffic.
RECOMMENDATION
IT IS HEREBY RECOMMENDED that Glen E. Berhow's application for a recycling
13 Saint Paul Legislative Code §310.06(c)
0/-9�
processing center Iicense be GRANTED.
Dated this day of November, 2000.
Phyllis A. Reha
Administrative Law Judge
°�- g�
LAW OFFICES
SIEGEL, BRILL, GREUPNER, DUFFY & FOSTER, P,A.
JOSIAH E. BRILI, JR.
JAMESR.GREUPNER
GERALD 5. DUFFY
WOOD R.FOSTER.JR_
TIiOMAS H. GOODMAN
JOIiN 5. WATSON
WM.CHRISTOPHERPENWELL
SUSAN M.VOIGT
ANTHONYJ.GLEEKEL
JOEL N.JENSEN
SNERRI L ROHLF
JORDAN M. LEWIS`
BRIAN E WEISBERG
�300 WASHINGTON SQUARE
100 WASHIN6TON AVENUE SOUTH
MINNEAPOL15, MINNESOTA55401
TELEPHONEf6t21339-]13l
FAC51 M I LE ( 612 ) 339-6591
Writer's Voicemail Number: 335-0158
November 3, 2000
Phyllis A. Reha
Administrative Law Judge
Office of Administrative Hearings
100 Washington Squaze
Suite 1700
Minneapolis, MN 55401-2138
Re: In re the Applicatioa of GB Core, Inc.
Our File No. 22,335-JI'
Dear Judge Reha:
Enclosed for filing are:
1
►�
MICHELLE R. KLEGON
JAMES A. YAROSN
STEVEN WEINTRAUT
TROY J. SEIBERT
ROBERTF.RODE
BRENNAE.NELSON
'S25 EPST WELLS STREET. SVITE 250
MILWAUKEE. WISCONSIN 53 20 2-381 5
t414� 225�96a6
FAX 1ai41 276-6255
YIA MESSENGER
AppiicanYs Memorandum in Support of Granting License; and
Findings of Fact, Conclusions of Law and Recommendation for Issuance of
License. .
Very truly yours,
0 " _��. �;�
James A. Yarosh
JAY:mkf
Enclosures
cc: Glen Berhow
_ -�
�I�9/
�
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��
OFFICE OF ADMIIVISTRATIVE HEARINGS - . =
FOR THE COUNCIL OF
THE CITY OF ST. PAUL = �_
In re The License Application of APPLICANT'S MEMORANDUM IN
Glen Berhow, d/b/a GB Core, Inc., SUPPORT OF GRANTING LICENSE
Applicant.
INTRODUCTION
�
GB Core learned for the first time in December of 1999, that the City of St. Paul required
it to obtain a recycling collection center license for its new location, despite having operated in
the City for several years without any complaints.
GB Core complied with the City's request and accepted the placement of six conditions
on its license. GB Core has been operating since it first learned of the licensing requirement.
City policy allows businesses requiring a license to continue to operate while applying for a
license.
The evidence submitted demonstrates GB Core's entitlement to its license despite
objections by some neighbors. The City and Ramsey County have both reviewed the operation
and recommended approval of the license. The neighbars's allegations concerning poor
treahnent of hazardous waste and construction without a building permit lack evidentiary support
and are an insufficient basis to deny this license.
FACTS
GB Core, Inc. is a company that purchases used engines, transmissions and catalytic
converters and sells them to re-manufacturing companies tlu the world. The company
has been in business for over 12 years and has its corporate headquarters in Green Bay,
�'/� �
Wisconsin. CsB Core has conducted operations in St. Paul for several yeazs and in the fall of
1999, it purchased property at 500 Bush Avenue, St. Paul.
In a December 10, 1999 letter from Larry Zangs of the St. Paul office of License,
Inspection and Environmental protection, Glen Berhow, the president of GB Core, leamed for
the first time that although the property at 500 Bush was appropriately zoned for GB Core's use,
the company needed a business license for a recycling collection center. In the letter, Zangs also
informed Berhow that GB Core's use was appropriately zoned.
Zangs testified that he had a difficult time deciding what type of license, if any, GB Core
needed to operate at 500 Bush. He spoke with Kristine Schweinler, a St. Paul senior license
inspector with 18 years experience, to determine the licensing status of GB Core's business.
Together they decided that the City should have more control over this type of use and they
agreed that a recycling collection center license was the closest fit to GB Core's business.
Despite lrnowing that GB Core conducted business at the property, Zangs included a
statement in his December lOth letter that GB Care could not operate its business until it
received its recycling collection center license. Kristine Schweinler stated that the inclusion of
that statement in the letter was an errar because the City allows a business to continue to operate
while it is in the process of obtaining a license. Schweinler testified that applying for and
receiving a business license takes time and that the city gives businesses an opporhznity to obtain
a license and to comply with any attached conditions.
Berhow, on behalf of GB Core, applied for the recycling collection center license on
January 3, 2000. Berhow subsequently agreed to the placement of the following five conditions
on the license:
t Eachibit 3.
2
�i-a►
1. T'he collecrion and processing of parts, for shipment, shall be conducted inside the
building.
2. The business operation at this licensed premise should not be in the manner of an
auto salvage use.
3. There shall be no exterior storage.
4. The handling and storage of vehicle fluids, batteries, etc. shall be in accordance
with the Ramsey County Hazardous Waste Regulations.
5. The dumpster must be stored on the property and not in the alley, street or on the
public sidewalk.
Berhow agreed to a sixth condirion placed on the license after a public hearing that limits the
business hours of operation from 7:00 a.m. to 7:00 p.m.
In the middle of April and at the end of May 200Q the City received two letters from
citizens with concerns about GB Core's business. Specifically, the residenY s concerns included:
• The business currently seems to be operating illegally without a license.
• The business has disposed of hazazdous materials — including oil and florescent bulbs
— in an illegal manner.
■ The business has done work on the building at 500 Bush without proper building
permits.
• Engine and auto parts have frequently been left lying around outside the building.
Kristine Schweinler investigated these complaints and determined that no violations
existed. Schweinler did not notice any debris outside when she visited the property. Schweinler,
as well as Zangs, acknowledged that illegal dumping of garbage frequently occurs in this area.
Berhow testified that the florescent bulbs and auto parts lying outside the building were dumped
on GB Core's property and did not belong to GB Core. Indeed, he testified that neazly everyday,
GB Core's employees clean up and appropriately dispose of garbage that has been dumped on its
property.
3
d����
With respect to the concems of hazardous materiais, Schweinler referred the complaint to
Ramsey County and never heard back. She indicated that had there been a violation of county
regulations, she would have heard something from the county. Berhow testified that he has
complied with all of the fire inspector and Ramsey County's requests concerning GB Core's
operation. Mike Cunmaglio, an inspector from the Ramsey County Department of Public Health
Environmental Health Section, visited the property and informed GB Core that it appropriately
handled hazardous waste.
Schweinler referred the complaint concerning the building permit to another department
within the City. Again, Schweinler never heard back from the building inspector. Berhow
testified that before any alterations were made to the building, he phoned the building
department concerning the necessity for a buiiding permit. Berhow described the proposed work
and the City responded that he did not need a pernut.
After the legislative hearing in August, Berhow checked again to verify that he did not
need a buiiding permit. The building inspector, James West, informed him that it would be a
good idea to obtain a minor building permit for any consriuction. Consequently, Berhow
obtained a permit. After investigating the neighbors's complaints, Schweinler found no
violations and recommended approval of the license.
To obtain a recycling collection center license, an applicant must receive approval from
environmental health, the fire department, licensing and zoning. Each of those City departments
approved GB Core's license and the City staff recommended approval. The two most vocal
opponents of this license, Troy Trooien and Bruce Sylvester, acknowledged that they had no
objection to the use of the property for a recycling collection center. Their primary complaint
Z E�ibit 11.
0
oi-q►
was that they did not like Glen Berhow, despite their aclrnowledgements that they had met him
only once and for just a few minutes.
ARGUMENT
I. The Evidence In The Record Establishes That GB Core Has Met All The Conditions
For A Permit And To Deny Its Grant Would Be Arbitrary And Capricious.
A municipality cannot deny an application for a license arbitrarily or unreasonably.
Under the St. Paul City Code, where the application for the grant of a Class N license meets all
the requirements of law, and where there exists no ground for adverse action, the director shall
issue such license in accordance with law. The evidence unequivocally establishes that GB
Core's applicarion meets all the requirements of law as demonstrated by the approval of the
various city staff deparhnents and the overall recommendation to approve the license. The
evidence also establishes that there exists no ground for adverse action. Consequently, it is
mandatory under the city code that the license be issued to GB Core.
The neighbors asserted rivo primary complaints concerning the issuance of the license:
(1) the lack of obtaining a building permit before conshucrion and (2) the manner in which GB
Core handles hazardous wastes.
The neighbors cite the following sections of the code as supporting their position that
grounds for adverse action exists: Sections 310.06(b)(1), (2), (5), (6), (7) and (11). Because the
evidence does not support the neighbors's claims and relying on their testimony over that of the
city staff would be arbitrary and capricious, the license should be granted to GB Core.
3 State Ex Rel. Ramer v. City of Minneapolis, 204 N.W. 632, 633 (1925).
° Section 310.04(d)(1)
5
o1-�i
A. 310.06(b)(1) and (2).
The neighbors first claim that the license was procured by misrepresentation of material
facts, fraud, deceit or bad faith. Specifically, the neighbors allege that Berhow misrepresented
the amount of oil used on the property and that he did not need a building pernut. This azgument
is an attempt to distract because Berhow was never required to make any representation
regarding the amount of oil on the property.
The City's only concern related to the handling of hazazdous waste. Berhow and Fred
Gonzales, the site supervisor, testified that an inspector from Ramsey County visited the property
at 500 Bush and approved of the manner in which GB Core handled its hazazdous waste.
Moreover, GB Core improved the handling of its oil intake based on suggestions from the City
fire inspector.
With respect to the building penmit, the City initially informed Berhow that for the work
he was performing he did not need a pernut. After checking again, however, Berhow was
advised to obtain a minor building permit. Berhow obtained the permit. The City has inspected
GB Core and determined that the license should be issued. The City does not believe any
misrepresentation concerning the business has been made and the neighbors have failed to
establish such a misrepresentation. Consequently, this section is not grounds for preventing the
issuance of this license.
B. 310.06(bj(5).
The neighbors assert that GB Core has failed to comply with the conditions set forth in
the license. The neighbors cite as a specific example, a November 30, 1999 incident involving
the dismantling of Frito Lay trucks. They also assert that GB Care stored material outside the
premises and kept a dumpster in the street. The Frito Lay truck incident occurred before the City
0
Qi-q�
even informed GB Core that it needed a license. It therefore cannot be considered a violation of
the license. Indeed, the license has not even been issued. With respect to the storage claim and
dumpster, the City staff reviewed the complaints of the neighbors and found no violarion. The
testunony of Glen Berhow established that GB Core keeps the dumpster solely on its property.
C. 310.06(b)(6).
The neighbors assert that Glen Berhow has violated or failed to comply with laws
reasonably related to his business activity. The evidence does not substantiate this claim In
support, the neighbors cite the same examples concerning the building permit and hazardous
waste. Again, the City and Ramsey County contacted Berhow conceming these issues and both
governmental entities determined that GB Core complies. The neighbors apparently believe Mr.
Berhow is personally unfit, despite their aclrnowledgment that they have met only one time for
just a short time. Denying a license on this ground is arbitrary.
D. 310.06(b)('n.
The neighbors allege that grounds exist for an adverse action because GB Core's
handling of the oil it receives in the ordinary course creates a serious public safety hazard. No
evidence supports the allegation that GB Core mishandles its waste. Indeed, the only competent
evidence is to the contrary. First, Berhow testified that very little oil actually enters the
premises. The City fire inspector required that the barrels of oil be placed in a separate container
to avoid any contact with the floor. The inspectar also required a fiumel under the assembly line
to ensure that there is no possible way that oil reaches the floor.
Given these precautionary measures, no threat to the public safety exists. The neighbors
assertions are simply bare allegations unsupported by any evidence. The neighbors introduced
pichxres allegedly showing oil in dnuns and on the property. They failed to offer any credible
7
ol��i
evidence establishing what, if any, substance was actually in the photos. Berhow testified that
the drums were left by previous occupants of the building and that he has since cleaned the
premises. Relying on the neighbors's statements instead of the City and county inspectors to
deny the grant of trus license would be azbitrary and capricious.
E. 310.06(b)(11).
The neighbors cite this section of the ordinance as grounds for adverse action relating to
improvements to the property. The evidence demonstrates, through Kristine Schweinlier's
testimony, that the City allows an applicant time to comply with its license. In that regard, Mr.
Berhow has obtained a building pernut, despite being told in the first instance that he did not
need one. Again, the only competent evidence demonstrates that this section is not grounds for
denying the grant of this license.
CONCLUSION
The City of St. Paul staff and Ramsey County inspections have approved the issuance of
this business license. The evidence in the record demonstrates that GB Core is entifled to the
license. The neighbars aclrnowledge that the use does not bother them, but rather they do not
trust Mr. Berhow. This is an insufficient and arbitrary reason for denying the permit.
Consequently, since no ground for adverse action exists, the license should be granted by the
City of St. Paul.
�
oi-��
Dated: � � 2000.
SIEGEL, BRILL, GREUPNER,
DUFFY & FOSTER, P.A.
By: �r.—.c.e. A
7am�„s A. Yarosh (# 1854)
Suite 1300
100 Washington Avenue South
Mivneapolis, MN 55401
(612)339-7131
(612) 339-6591 - facsimile
Attorneys for the Applicant
Glen Berhow, d/b/a GB Core, Inc.
42MKF11/3/00-22335-ApplicanPS Memorandum
R3
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o1-q�
AFFIDAVIT OF SERVICE BY U.S. MAIL
STATE OF MINNESOTA
COUNTY OF HENNBPIN
)
) ss.
)
Mary Flahavan of the City of Chawplin, County of Hennepin in the State of Minnesota, being
duly sworn, says that on the 3 day of November, 2000, she served ApplicanYs Memorandum in
Support of Granting License; and Findings of Fact, Conclusions of Law and Recommendation
for Issuance of License on Virginia Palmer the attorney(s) for the City of St. Paul in this action,
by mailing to her copies thereof, enclosed in an envelope, postage prepaid, and by depositing the
same in the post office at Minneapolis, Minnesota directed to said attorney(s) at 400 City Hall,
St. Paul, Minnesota 55102, the last lrnown address of said attomey(s).
������.��--
Mary F1 avan
Subscribed and sworn to before me
this 3` day of November, 2000.
���
Notary Public
� LORI A. RITTER �
NOTARY PUBLIC—MINNESOTA
My Cemn. F�tros Jen. Sy. 20�
• •
V -
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OFFICE OF ADMINTSTRATIVE HEARINGS
FOR THE COUNCIL OF
THE CITY OF SAIl\T PAUL
In Re the License Application of Glen E. Berhow
d/b/a GB Core, Inc.
CI'I'Y'S PROPOSED
EXHIBITS
October 12, 2000
TO: Judge Phyllis A. Reha, 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 October 12, 2000.
E�ibit No.
Exh. No. i��
�
E�. No. 2%/J ,
���
Exh. No. 3�
E�. No. 4�
Each. No. 5��
EZCh. No. 6�
E�. No. 7 f�
/
E�. No. 8 ��/
Exh. No. 9`�/
f
Description
Letter from Lawrence Zangs to Glen Berhow, dated December 2, 1999 (1 p.);
Letter from Glen Berhow to Lawrence Za.ngs, dated December 3, 1999 (i p.);
Letter from Lawrence Zangs to Glen Berhow, dated December 10, 1999 (1 p.);
License Application for G.B.Core, Inc., dated January 3, 2000 (4 pp.);
Letter from Christine Rozek to Glen Berhow, dated March 9, 2000 (1 p.);
License conditions, signed by licensee Mazch 13, 2000 (1 p.);
License Application Notafication, mailed Apri14, 2000 with attached Apri14,
2000 letter from Christine Rozek to Glen E. Berhow and site
locarion/notification map (4 pp.);
Memo from Troy Trooien to Gerry Stratham, dated Apri121, 2000 (1 p.);
Notice Of Legislative Hearing, mailed May 23, 2000 (1 p.);
o ! -q�
Exh. No. 10�
E�. No. ll ��
Each. No. 12 //
�� F-
E�. No. 13��
E�. No. 14��
��1� . �p. � �
Memo from Bruce Sylvester to Christine Rozek, dated May 26, 2000 (1 p.);
License Application Suinmary, dated May 30, 2000 (1 p.);
Notice Of Le�slarive hearing, mailed August 8, 2000 (1 p.);
Action Minutes Of The Saint Paul City Council, for Wednesday, September 6,
2000 (10 pp.);
Notice ofHearing, dated September 20, 2000, with Affidavit of Service (4 pp.).
�-H,�..� � �.a�... ���. �/, � (� .
Also attached please find courtesy copies of applicable St. Paul City ordinances:
St. Paul Legislative Code § 310.05
St. Paul Legislative Code § 310.06
St. Paul Legislative Code Chapter 408 Recycling Collection Center/Recycling
Processing Center
Respectfully submitted this 12th day of October, 2000.
'7�
Virginia Palmer
Assistant City Attorney
Office of The City Attorney
400 City Hall
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
(612)266-8710
o �- 9i
Me11101�`d11C�U.111
To: Gerry Stratham, Le�islative Hearin� Officer
CC: Bruce Sylvester, District 5; Sheri Pemberton-Hoiby, PED; Christine Rozek, LIEP
From: Troy Trooien
Date: 04/21/00
Re: License # 2000000096
Mr. Shatham:
I am responding to the License Application Notification that was mailed to me and several of my
neighbors on Apri14, 2000. I am raising concems not only on my own behalf, as the "next door
nei�hbor" to the buildin� in question, but also on behalf of the Railroad Island Implementation Task
Force.
The Task Force is formalty an advisory board to the City's Department of Planning and Economic
Development. It is also, informally, the most active and en�a�ed �oup of citizens in our
neighborhood.
We have concerns about:
• the proposed recycling collection center iuelf,
• the recommended conditions mentioned in the License Application Notification,
• as well as general questions about hours of operation, tra�c problems and the overall impact on
the neighborhood.
I gather from the Notice that the oroper time and ulace to discuss these concems is in a hearine before
the Legislative Aeazin� Officez. Please contact me to talk about setting up a hearin�. My phone
number at work is 651-220-I 119.
I also encourage you to honor District 5's request to hold over the deadline so that District 5 members
can,make their�ems known.
i�l%l�� J �..
:
Troy Trooie�
Council Research Center
APR 2 6 2000
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In Re the License A plication of
— Glen Berhow d/b/a � B. Core Inc. —
City's Exh. No. 8 � �y
CITY OF SAINT PAUL
Narm Coleman, hfayor
December 10, 1999
Glen Berhow
G.B. Corp., Inc.
2014 Glendale Ave.
P.O. Box 906
Green Bay WI. 54305
OFP[CE OF LICE�SE, I�SPEC710vS ASD �)�� �
E�iVIRON1fEtiTAL PROTECTIO\ �
Raben Kessle� Direcror
LOiYRYPROFESSIO��:ILBUILD7.\'G Telephane:65l-266-9090
Sui�e 300 Facsimife: 651-266-9099
350 St. Pe[er Street 651-266-912J
Saint Paul, bfinnesola SJIO2-IJIO
RE: 500 Bu§h Avenue - Existing Warehouse Building in I-1 Industrial Zoning District.
Mr. Berhow:
I received your letter, dated December 3" 1999, explaining the nature of your business
proposed for the property referenced above. This office understands, based on your
expianation, that you will be receiving engines, transmissions and catalytic converters at this
location and that your business operation does not include the removal of the parts from a
vehicle (ie. auto salvage), but rather, the collecfion of these safvage items. ft is further our
understanding that the only processes pertorm on these parts, once received, are ensuring
they are drained of any fluids, irtvoicing the individual part and preparing it for shipment back to
your headquarters in Green Bay.
The operation, as you describe it, appears similar to a shipping/receiving wholesale operation
which is a permitted use in the i-1 industrial zoning district. The change in use from warehouse
to wholesaling does not require any additionai off-street parking per the City's zoning
ordinance. Therefore, zoning has no objection to this proposed use provided you obtain a
business license for a Recycling Collection Centec ( have enc(osed fhe ficense app(icafion.
Please complete this application and return it along with the license fee of $164. 00, to this
office. The processing time for this license request, because of notification requirements
mandated by city ordinance, can take between 45 to 60 days. You cannot start your business ;
until this license is issued. We will do what we can to expedite but we need you to complete
the application, to begin the process.
You will also need to satisfy any requirements of the State Building Code and Fire and Safety
Code for the proposed change in occupancy of the building.
Cail me with questions at 65i/266-9083.
�
1�����• � .
awrence R. Zangs
Zoning Administration
SOObus.wpd
�
In Re the License A��pplication of
— Glen Berhow d/b/a (�.8. Core, Inc. —
City's Exh. No. 3�
--- -- rr-��
CLASS N
LICENSE APPLICATION
THIS APPLICATIOV IS SUBIECT TO REVIEW BY THE PLIELIC
PLEASE TYPE OR PRINT N NK
CITY OF SA1NT PAUL
Oftice of License, Irtspections
and Environmental Pmtection
350 Se Pucr S� Suitt 300
Saino Paul. Nivnaora SSI�]
(651)=66-9030 fie<65p=66-9¢a
LICENSES ARE NOT TRANSFERABLE
PAYDIEtiT DNST BE RECEIVED �VITH EACH APPLTCATIO�
Type of License(s) 6eing applied for: �CLG y C l i vC U w j l CCC�I J ��i`(Y��' S I��"E ��
--- r�
Projected date of openin� ' ) �=
CompanyName: C����.� �G��
L
Partnership / Sole Proprietorship
If business is incorporated, give date of incorporation:
Business Name(DBA): Business Phone: (��� 1 7�7 3'�G�Q
Business Address (business location): �� ��'J �'t �Lf G'tV{ S� � �� �(� � 5'j Q �
Street (�, Name, Type, Direc[ion) City Sta[e Zfp+4
Benveen what cross streets is the business located? �Vhic side o
Are the premises now occupied? �� What Type of Business? C�'��� S �� �'�� ���
Mail To Address (if different than business address):
Stree[ (it, Name, Type, Direction)
AppLican[ Information: l ( „ �,�
Name and Tide: ���X•
�c�v�� ,... �e�hpti3�
Ciry
�e street?
K
IL 5�3US
State Zip+4
(��es � �c �-fi
Pvst /� • tGtiddle (Maiden) Last TiBe
Home Address; Z�� Vci 11 ( V� � �Q��' �.. � �
Street (#, Name, Type, Direc[ion) City �� S[a�� �_ ��i�+4
Date of Birth: ( 2 - Sa Place of BiRh: ES C Gi � U�G� Home Phone; ( 1`
Have you ever been convicted of any felony, crime or violation of any city ordinance other than haffic? YES _ NO �
Date of arrest:
Char�e: _
Conviction:
Where?
Sentence:
L(st licenses which you current[y hotd, formerly held, or may have an interest in:
�,0,C01it �a ct G��sratn��u I�Gr2�c� �cTv�����tG1�
Hace any of the abave named licenses ever been revoked? YES .X NO ff yes, list the dates and reasons for revocation:
Are ou �qing ro operate this business personally? YES NO IF not, ho will operate it? �� G 6'1 Gt �� �{i-
���J
'C� Cve�� Cciv�ii
Home Address: $tree[ {�, Name, Type,
Last
(2� � I �1�
City
Datc of Birth
Are you goino to have a manager or assistant in this business? YES \O If ihe mana�er is not the same as the
opzrator, pleasz complete the followin� information:
Fvs[ Namz M�ddlt Initial (Maidtn) Las[ Date of Birth
Homt Addrtss: Stteet (N, Namz, Type, Direc[ion}
� Cr..ra 7. �1 DFi.n.+U..m'na� �
rn Re the License A�ppIication of
— Glen Berhow d/b/a (>.B. Core,�Inc. —
City's Exh. No. 4 /�,
Please list your employmen[ history for the previous five (5) year period:
Business/Emolovtrtent Address
- List all other officers of the corporation:
OFFICER TITLE HOVIE
NAME (Office Held) ADDRESS
�2 �� �� v�{n� � �res i �C�,t �
HO�IE
PHONE
ZS�O Ge�vr i�� � I?crrr(
v' �tc c/I ; Gu.�
Ql-q 1
BUSIPIESS DATEOF
PAOi�IE BIRTH
�ZQ- 93'�- C�20
fZ-��
If business is a partnership, please include the following information for each parmer (use additional pages if necessary):
Fvst Name Middle Ininal (Maiden) Last Date of Birth
Home Address: Street (�, Name, Type, Direction)
First Name Middle Inihal
Home Address: S[reet (#, Name, Type,
Ciry
City
Zip+4 Phone Numt
Dare
( 1
Zip+4 Phone NumE
MIDINESOTA TAX IDENTIFICATION NiJMBER - Pursuant to the Laws of Minnesota,1984, Chapter 502, Article 8, Section 2(270J2)
(Tax Clearance; Issuance of Licenses), licensin� authorities are required to provide to the State of Minnesota Commissioner of Revenue,
the Minnesota business tax identification number and the social security number of each license applicant.
Undet the Mi�utesota Govemment Data Practices Act and the Federal Privacy Act of 1974, we are required to advise you of the following
regarding the use of the Minnesota Tax Identification Number.
- This information may be used to deny the issuance or renewal ofyour license in the event yott owe Minnesota sales, employer's
withholding or motor vehicle excise [axes;
- Upon receiving this information, the licensing authority will supply it only to the Minnesota Deparhnent ofRevenue. However,
under [he Federal Exchange of Information Agreement, the Department of Revenue may supply this information to the Internal
Revenue Service.
Minnesota Tax Identification Numbers (Sales & Use Tax Number) may be obtained from the State of Minnesota, Business Records
Department, 10 River Park Plaza (612-296-6181).
Mianzsota Tax identif7cation Numoer.
� If a Minnesota Tax Identification Number is not required for the business being operated, indicate so by placing an "X" in ihe box.
CERTIFICATION OF WORKERS' COMPENSATION COVERAGE PURSUANT TO MNNESOTA STANTE 176.182
I hereby certify that I, or my company, am in compiiance with the workers' compensation insurance coveia�e requirements of �Iinnesota
Statute 176.182, subdivision 2. I also understand that provision of false information in this certification constitutes sufficient grounds for
adverse action a�ainst all license�s p hetd, includin� revocation and sus of said licens q
Name of Insurance Company: V �� t �� ������ �� �-2 l � 1 � 7 Q 6� L �� ��tV i ��� 7�(S1ZI Gl L�' �
Po(icyNumber. ��"" �Z�f� 4—C�i� (�'YYIL+G�� Covera�efrom�
I have no employees covered under �corkers' compensation insurance (INITIALS)
to ' 2� �
09; O V I999
Please list your employment history for the previous five (5) year period:
Business'Emolovment Address
Lisc all other officers oFthe co�poration:
OFFICER TITLE H011E
\A\-1E (Office Hzid) ADDRESS
(�.e t�� � �,� � � nr�s i �cti� �
HO�.fE
PHO\E
25�0 L-�eiv� i�� i nccr�
BliSINESS
PHOVE
U �Yi t:1 , CU1
�
If business is a partnership, pleasz include the followin� information for each parmzr (usz addicional pages if necessary):
bl.��lf
D.�TE OF
BIRTH
Fvs: Name Middit [ni[ial (�faidtn� Lzit Da!t of Bitth
Hume Addreas. $treet (,-, t�ame, Type, DirecUOn) Qty Stare Zip�3 ( Phone \umber
Fin. `�am< hliddiz (nival (Slaiden) lut Da!z ot Bir[h
Home Addrt>s: Street (�, Kamz, Type, Direction) City State 2ip-1 Phone \umber
MC.�IESOTATAX IDENTIF[C.4TI0� NUMBER- Pursuant to thz Laws ofMinnesota, 1954, Chaptzr�02, Article 3, Section 2(270.72)
(Tas Clearaace; Issuance of Licenses), licensing authorities are required to providz to thz State of �finnzsota Commissioner of Revenue,
the �tinnesota business tax identification numbzr and the social szcuriry numbzr of each hcensz applicant.
Undzr thz �tinnesota Govemment Data Practices Act and the Fedzral Privacy Act of 197d, we are rzquired to advise you oFthe followino
regardin� the use of thz btinnesota Tas Identification Number. `
- This information may be used to deny the issuance or renewal ofyour license in the event you owe �finnesota sales, employer's
withhotdin� or moror vehicle escise tases;
- Upon receiving this information, thz licensin� authority will supply it only to [he bfinnesota DzpaRmenrofRevenue. However,
under the Federal Exchange of Information A�reement, the Department of Revenuz ma}• supply this inEormation ro diz Intemal
Revenue Service. �
�tinnesota Tax Identification Numbers (Sales & Use Tax Number) may be obtained hom the State of �Iinnesota, Business Reco�ds
Departmznt, 10 Ri� er Park Plaza (612-296-61 S t).
`linneso,a Ta� iuentifieation Numozr:
� If a bfinnesota Tax Identifica[ion \'umber is not required for the business being operatzd, ir,dicatz so by placin� an "a" in the box.
CERTIFICATIO� OF ��"ORI:ERS' CO�fPE\SATION COVER4GE PURSUA\T TO `IIV:�ESOTA STATUTE 176.132
1 herzby czrtify that I, or my company, am in compliance «'ith Ihe «�orkers' compensation insurancz co� zra�e requirements of �Iinnzsota
Statutz ll6.132, subdivision 2. I a(so undzrstand that pro� ision of false inforniation in this certificztion constinttes sufficiznt _rounds for
adczrse action a�ainst alf license r held, indudi revocation and sus of said licens e t �
\amzoflnsuranceCompany: V d�l)�7l�c1t:,Q `�l���C'll�l� �� 1�/CCV� ��I�UI CfGlU �
Po?icy Number. _��� �Z� t=� 9 �i �(FI'Y!t � C.-� I� Co� erage from 2�C�) to zC� �
I ha��z no employees coaered undzr �corkers' compensation insurance (I�ITIALS) .
0901�19)9
AtiY FALSIFICATIO\ OF A\S�VERS GI�"EN OR b[ATERIAL StiB>IITTED O`^ "�'
�VILL RESULT I\ DEt�"IrU. OF THIS APPLICATIO�i
I hereby state that I have answ�ered all of the precedin� questions, and that the information contained herein is true and correct to the best
of my knowled�e and belief. I hereby state fuRher that I have received no money or other considemtion, by way of loan,_gift, conhi6ution,
or otherwise, other ihan already disclosed in the application which I herewith submitted. I also understand this premise may be inspected
by police, fire, health and other city officials at any and all times when the business is in operation.
/���Ut � ��c� L vJ
Signature (REQL�II2ED for all applications)
Preferrzd methods of communication from this office (plzase ran,l in ordzr of prefzrence -°1" is most preferred):
x PhoneNumbenvithareacodz: ( �Z� ) �3�} — �p�� Extension
(Cirele the rype of phone number you have listzd abo�e: usmess Home Cell Fax
,�ri
2� �
Phone Number with area code: ( )
(Cirele thz type of phone number you have listzd above: /� Business Home
V[ail: �.U. ��.CX ���i c�Y'��� "/.i(,1
Strezt (a, Namt, Tvoz, Direcnonl r:,,,
In�zrner.
Address
j / 3 /�CCC
Date
Pager
Pa�er )
5���
Zip-1
�Ve will accept payment by cash, check (made payable to City of Saint Paul) or credit card (�fasterCard or �'isa).
IF PAYL\'G BY CREDIT CARD PLEASE CO:kIPLETE THE FOLLOIVINC I.�'FORbl.-iTlOh': � MasterCard � Visa
EXP[RATIOAI DATE:
❑�/❑❑
of
ACCOUNT iVUbIBER:
■■■■ ■■■■
of Card
!�■■■ ■■■■
For all
Date
**\ ote: If this application is Food/Liquor related, please contact a City of Saint Paul Health Inspecror, Steve Olson (266-9139), to review
plans.
If any substantial changes to structure are anticipated, please contact a City of Saint Paul Plan Examiner at 266-9007 to apply
for buildin� permits.
If there are any chan�es to the parkin� lot, floor space, or for new operations, please cor.tact a Ciry of Saint Paul Zonin, Inspzctor
at266-9003.
Ali applications require the following documents. Please attach these documents when submittine your application:
1. A detailed description of the design, location and square foota�e of the premises to bz licensed (site plan).
The following data should be on the site plan (przferably on an 8%z" x 11" or 8%' x 14" papzr):
- l�ame, address, and phone number.
- The scale should be stated such as 1" = 20'. ^N should bz indicated to�card thz top.
- Placemznt of all pertinent fea[ures of the interior of the licensed facility such as searin� areas, kitchzns, of£ces, repair arza,
parking, rest rooms, etc.
- If a request is for an addition or expansion of the licensed facility, indicate both thz current azea and the proposed expaasion.
2. A copy of your lease a�reement or proof of o��nzrship of the property.
SPECIFIC LICENSE APPLICATIOYS REQUIRE ADDITIO\:�L INFOR�I.ATION.
PLEAS� SEE REVERSE FOR DETAILS >>>>
Extznsion
Cell Fax
09'Q U 1999
OFFICE OP LICENSE, iP ISPECTIONS AND
ENY[ROi3MENTAL PROTECTION
Robert Kusler, Director
CITY OF SAINT PAUL
Narm Coleman, Mayor
March 9, 2000
20000000096
GB Core Inc.
ATTN: Glen Berhow/President
2014 Glendale Ave
PO Box 906
Green Bay WI 54305
LOWRYPROFESSIONAL BUILDMG
Suite 300
350 Se. Peter Street
Saint P¢u!, :1�finnesoia SSl02-ISIO
Re: New License Application at 500 Bush Avenue (Second Notice)
Mr. Berhow:
o1
Telephone: b51-266-9090
Facsimi[e: 651-?66-9099
651-?66-9124
After extensive review, I have determined your license application #20000000096 (from
January, 2000) is still incomplete. At this time, your business license record (I.D.
#20000000096) for a Recycling Collection Center license has been inactivated until the
following item(s) aze received:
• Copy of your Property Lease/Purchase Agreement, Proof of Ownership or Bill
of Sale
• Copy of State of Minnesota Tax Identification Number Certificate
• Signed condition affidavit (attached)
Your license has not been issued. If you aze conducring a Recycling Collection Center
business, you are doing so without a valid City of Saint Paul license and may be subject
to adverse action and penalties. If you wish to continue to operate your business, you
must submit the aforementioned requirements by March 20, 2000.
Please let us know, in writing, before Mazch 20 whether or not you intend to continue
with this application or wish to permanently withdraw. If no response is received before
Mazch 20, this office will begin the administrative hearing process to deny your license
request. You have the opportunity to appeal the Ciry's decision through this proceeding.
If you have any questions regarding this action, please contact me at (651) 266-9108.
Slncerely,
�
Chrisrine Rozek � ��
LIEP Deputy Director
CAR/caa
� In Re the License A plication of �
— Glen Berhow d/b/a �B. Core Inc. =
City's Exh. No. 5 ��
�1 �9�
LICENSE APPLICATION NOTIFTCATION
License Number: 20000000096
Purpose: Application for a Recycling Collection Center
License At: 500 Bush Avenue
Applicant: GB CORE, INC. DBA GB CORE, INC., Glen E. Berhow, President, (651) 793-
5000
Response Date: Apri128, 2000 - 4:30 PM (Friday)
If you have any objections to the issuance of this (these) license(s), you must respond in writing by
Apri128, 20000, 1999 to:
Gerry Strathman
Legislative Hearing Officer
310 City Hall
15 West Kellogg Blvd.
Saint Paul, Minnesota 55102
If you have any questions, contact Corinne Asuncion, Project Facilitator at 266-9106 or Christine A.
Rozek, Deputy Director, 266-9108.
Note: The following conditions have been recommended for this (these) license(s).
1. The collection and processing of parts, for shipment, shall be conducted inside the building.
2. The business operation at this licensed premise shall not be in the manner of an auto salvage use.
3. There shall be no exterior storage.
4. The handling and storage of vehicle fluids, batteries, etc. shall be in accordance with the Ramsey
County Hazardous Waste Regulations.
S. The dumpster must be stored on the property and not in the alley, street or on the public sidewalk.
Notice Mailed: 04/04/2000
�
In I the License Application of
— Glen Beruow d/b/a G. B. Core, . —
City's Exh. No. 7
SAINi
PAUL
�
AAAA
CITY OF SAINT PAUL
h'orm Coleman. May�or
Dear Resident and Neighborhood Organization:
OFFICE OF L[CENSE, INSPECTIONS AND ����/
ENVIRONMENTALPROTECTION
Roben Kuster, Director
LOWRYPROFESSIONALBUILD7NC Telephoxe:651-266-9090
350 St. Peter Street, Suite 300 Facsimile: 65l-166-9099
Saint PauC Minnesota 55lOLl510 65l-266-9124
The Office of License, Inspections and Environmental Protection (LIEP) has received an
application for a Class C license. You are being notified because this application involves a
business in your area.
You will have 45 days for a liquor related license or 30 days for most other licenses from the date
this notice was mailed to express any objections. Licenses in the downtown area generally do not
require a waiting period. The response deadline is given on the reverse side of this document. If
you have any objections to the issuance of the license described on the reverse side, please send
your objection(s) in writing to:
Gerry Strathman
Legislative Hearing Officer
310 City Hall
15 West Kellogg Blvd.
Saint Paul, MN 55102
If objections are received, the matter will be heard by the Legislative Hearing Officer. If you have
sent in an objection, you will receive notice of the time, place and date of the scheduled hearing. At
that hearing, the Legislative Hearing Officer will take testimony from all interested persons. At the
end of this hearing the Legislative Hearing Officer will make a recommendation to the City Council
as to whether the license should be approved with conditions, or referred to an administrative law
judge for further review. The City Council will have the final authority to grant or deny this
license.
If you have any questions regarding the license application, please contact Corinne Asuncion,
Project Facilitator at (651) 266-9106 or me at (651) 266-9108.
Sincerely,
(�
� •.
,-
•
Christine A. Rozek
Deputy Director
266-9108
CITY OF SA1NT PAUL
Norm Cnleman, Mayor
Apri104,2000
Glen E. Berhow, President
GB CORE, INC.
P.O. Box 906
Green Bay, WI 54305
OFF[CE OF UCENSE, INSPECTIONS AYD D`' 7 J
EW[RONMENTAL PROTECTION �
Raben Kessler, Directar
LOWRYPROFESSIONALBUILDING Telephone:651-166-9090
350St.PeterStreet,Suite300 Facrimile: 651-266-9099
SaintPaul,.Ninnesota 55102-1)!0 6i1-266-9/24
RE: Application for GB CORE INC., ID #20000000096, 500 Bush Avenue / Recycling
Collection Center License
Dear Applicant,
A review of the investigations which has been made in connection with your license
application have been completed. Proper notification has been sent to the community
organization and residents of the neighborhood in which you intend to operate giving them
until A�ril 28, 2000 to voice any objections to your license application. If no objections aze
received, your license will be issued approximately one week past the date given above.
If ob}ections aze received, a hearing will be scheduled before a legislative hearing officer.
You will receive notice of the time, place and date of the scheduled hearing from Gerry
Strathman, the Legislative Hearing Officer. At that hearin„ the hearing officer will take
testimony from all interested persons and will make a recommendation to the City Council
as to whether the license(s) should be approved or be referred to an administrative law
judge for further review. The City Council will have the final authority to grant or deny this
license application.
If you have any questions, please contact Christine Rozek, 266-9108.
Very truly yours,
��,,�� r�' R�
Christine A. Rozek
Deputy Director
CAR/jl
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OFF:CE OF LICENSE, INSPECTIONS AND
ENVIRONMENTAL PROTECTION
Roeert Kessier, wreaa(
SAIYT
�AUL
�
A�IIII
CITY OF SAINT PAUL
Norm Coleman, Mayor
LOWRY PROFESSlONAL BU/LDlNG Telealrone: (651) 26G9090
Surte300 Factim7e: (651)2669099
350 SG Peter Sfrret (65l) 2669124
Saint Pau4 Minnemta 55f024510
I agree to the following conditions being placed on the following license(s):
License #: 20000000096
Type of Business: Recyciing Collection Center
Appiied for by: GB CORE INC
Doing Business As: GB CORE INC
at: 500 BUSH AVE
ST PAUL MN 55101
Conditions are as fallows:
1. The collection and processing of parts, for shipment, shall be conducted inside the building.
2. The business operation at this licensed premise shali not be in the manner of an auto salvage use.
3. There shall be rto exterior storage.
4. The handling and storage of vehicle fluids, batteries, etc. shall be in accordance with the Ramsey
County Nazardous Waste Regufations.
5. The dumpster must be stored on the property and not in the alley, street or on the public sidewalk.
G, �, Cov�e ,�vtc �C�� z�'�c�ti�.J 3,1 �. 2�C?
Licensee
Date
�� (�, i�ne ious�hess 1�o�Vs o-� o�e✓a_tzov-� s�rall
t� -�o m �cwY� - 71�m-� . 8� �� j oo C�--
i
� In Re the License A plication of
.� Glen Berhow d/b/a �B Co Inc. —%
City's Exh. No. 6 �..
Supplie� � � " �
E�gines and Transmrssions
fo� Remanufacturing
December 3, 1999
License Inspection Environmental Protection
Mr. Lawrence Zan�s
350 St. Peter Street, Suite 300
St. Paul, MN 55102
Larry;
Per our phone conversation, I am enclosing this letter per your request.
W ith the intent and purchase agreement at 500 Bush Avenue in St. Paul, I would like to reiterate
the type of operation we have at G. B. Core, Inc. You have stated the zoning is I1, which
includes Warehousing, Industrial Mfg, and Recyding. We are in no way a salvage operation.
All of our products are engines, transmissions, and catalytic converters. We buy these selectively
from a computerized-technical buy guide, which we publish monthly to our independent
suppliers. All we do at our warehouse is a check-in, inspection, and invoicing procedure. The
only tools we use are air compressors, air tools, and a forklift. The product is only sorted and
warehoused until we get a fui( trailer load, and then it is shipped back to our main operation in
Green Bay, WI.
W e stock 6000 to 7000 engines here on a fully computerized system, and ship all across the U.S.
to very large engine re-manufacturing companies. We also export to many countries.
We, in no way, salvage items. Everything is purchased selectively. Our average month in St.
Paul will consist of$100,000 plus in product purchases.
The Frito Lay truck dea( was a one time deai, and as you will see, we run a very organized, clean,
and professional operation.
We've been in business for over 12 years, and have about 14 employees between the 2 divisions.
Thank you for your attention and consideration. If you have any questions, please contact me at
1-800-456-8652.
Sincerely
�CL1
G(en E. Berhow, President
G. B. Core, Inc.
P. S. We have completed the title insurance, Phase I study, and as of yesterday we do have the
occupancy permit.
- ER •
��
- L-°w-
i In Re the License Applicafion of �,
_ Glen Berhow d/b/a (U.B C re, Inc. �
City's Exh. No. 2�,�
320) 434-6820 Fax (920) 434-6821 1-800-456-8652 2014 Glendale Avenue P.O. Sox 906 Green Say, WI 54305
CITY OF SANT PAL3L
Norm Colemm+, Mayor
December 2, 1999
Glen Be�how
G.B. Corp., inc.
2014 Gfendale Ave.
P.O. Box 906
Green Bay WI. 54305
RE: 500 Bush Avenue
Mr. Berhow:
OFFICEOFLICEtiSE,I�SPECIIOVSAVD �/' •,
EhYIROwtE.+TAL PROTECTIO\
Robert Kessler, Di�ec�or
LOWRYPROFESSIONi1LBGILDL� Telephone:657-266-9090
Suite 300 Facsimile: 65/-266-9099
330 St. Peter Streer 651-266-97?3
Saint Pavl, Minnesota 55702-1 SIO
We had received a complaint about the referenced property. t inspected the property on
Tuesday, November 30 As I drove up to the property, I observed three ma�es in the process
of cutting up defivery vans. I spoke to a Fred Gonzales who indicated he was the foreman on
the job. He stated that he worked for your company and explained that they were cutting up
these vehicles as part of a contract to salvage the metal and reusable parts. I explained to Mr.
Gonzales that this property is zoned I-1 industrial and auto salvage is not permitted in this
district. I did allow him to complete the salvaging operation of the vehicles observed on the site
but told fiim that once this was compfeted, no additionat activity is allowed in the buifding or
surrounding property until the zoning, licensing and building re-certification issues are
resolved. 1 told him 1 would be back tocJay to verify compliance with my orders.
Per our phone conversation today; you have explained that what I observed on Tuesday was a
one time deai and that it would not be occurring on the property again. You further explained
that your regular business invoives receiving used engine parts from various vendors. You
prepare these engines for shipment to your headquarters in Green Bay where they are resold.
I requested that you submit a written description of your business so that this office can
determine if the proposed use of the building complies with the zoning for the property. You
stated you would do that. Assuming the zoning issue can be resolved, it is anticipated that you
will need a business license and will need to satisfy building and fire safety code requirements.
Secause of the notification requirements of our ordinance, the length ofi time to process a
license is approximately 45 days. You cannot operate your business unti� the license is issued.
I would urge you to get this letter to me as soon as possible so that we can expedite resolution
of this matfer.
Ca11 me with questions at 6511266-9083.
��(�'�p/l�C-Q��
rence R. Zangs
Zoning Administration
500bush.wpd �
In Re the License A plication of
� Glen Berhow d/b/a �B. Core, Inc. —.
City's Exh. Na. 1 ��
� _�,
c��'-A. �' R�
,,
�ERRY STRATHMAN
Direcmr
Gien Berhow, President
GB Core, Inc.
P.O. Box 906
Green Bay, WI 54305
Mr. Berhow:
NOTICE OF LEGISLATIVE HEARING
An objection has been raised to the issuance of your City of Saint Paul Recyclin� Collection
Center License at 500 Bush Avenue. You aze invited to attend and participate in a hearing before
the Legislative Hearing O�cer regazding this objection.
The Legislative Hearing will be held on:
DATE:
TIME:
PLACE:
CITY OF SAINT PAUL
Corinne Asuncion � t _ (j
LIEP �
300 Lowry Professional Building
COUDiCIL INVESTIGATIO\` AND RESEARCH CENTER
Tuesday, May 30, 2000
4:00 p.m.
Saint Paul City HalURamsey County Courthouse
Third Floor, Room #330, Committee Hearing Room
15 West Kellogg B1vd.
Saint Paul, Minnesota 55102
At this hearing, the Legislative Hearing Officer wi11 take testimony from all interested people. At
the end of this hearing, he wiil make a recommendation as to whether the license should be
approved, approved with conditions, or refened to an Administrative Law 7udge. The City
Council will have the final authority to grant or deny this license.
c: Fred Gonzales, GB Core, Inc.
Council President Dan Bostrom
Complainant
District 2 Community Council
Phalen Village Business Association
North East Neighborhoods Dev. Corp.
Virginia Palmer, City
LIEP Staff
Notice Mailed: 5/23/00
Attorney's Office
CITY HALL SUITE 310 SAINT PAUL, MINNES In Re the License A�pp llc8tion of
.�. — Glea Berhow d/b/a U`.B. Core, Inc.
Prmttd on RecyclM Paper CI��$ EXIl. NO. 9��
03/17/O1 19:24 EA%
D I S T R I C
To: Christi
�nY
From: Bcuce ylves
Date: May 2 , 2000
._��'°`-`�:-+� ,
-r�-Trr
� k i ;� .
�
�-^���
F I V E P L A N N I N
Pu}/rrr-Pl�altat
k and Corinne Asuncion, LIEP
hathman, Legislative Hearing Officer � .
ter, District Five Planning Council �
C�j 02
�� - 4l
C O U N C I L
Re: Lic ` AppGcation for 500 Bush
After mceting with a se�ative from G.B. Core and with residents from the area urrounding 500 Bush, our
organi�ation voted tn o pose the gcanting of a Recycling Centez license for G.B. Co at 500 Bush.
Concetns raised by res ents included:
The business c ntiy seems W he opecating illegaliy without a license
The business h disposed of ha�ardous materials—inciuding oil and floresc bulbs—in an illegal
manne
The business done work on the building at 500 Bush without proper buil ing peTmits
Engine and parts have frequently been left lying azound outside the buil ' g
Thesc actions indica to us that G.B. Core would not be a`good neighbor'. 500 B sh is immediately adjacent
to residentiai propertie , and we expect businesses-�specially those in residential as--to compiy with city
codes and ordinances.
Because of the actions f the G.B. Core to date, we strongly encourage the City of S Paul w deay this business
a license for a Recyc ' Center ffi 500 Bush. Furthezmore, we have called Citiaen S ices to report the
violations lis�d above, and we hope the City can take acrion so that the business co plies with city codas and
ordinances.
If you have any questi s about this issue, p(ease call me at 774-5234.
1014 Payne Avenue
Saint Paul, Minnesota
Tei# 774-5234 Fax# 7�
MAY-26-2000 11:47 �:iry�s �xn. ivo.
of^ li
OFFICE OF LICENSE, INSPECTIONS AND
ENVIRO7VMENTALPROTECTION
Robert Kessler, Director
CITY OF SAINT PAUL
Narm Coleman, Mayor
LOWRY PROFESSIONAL BUILDING Telephone: 6i1-266-9090
3�O St. Peier Street, Suite 300 Facsimi[e: 65l-266-9099
SatntPaul, Minnesota SSl02-ISlO 65l-266-9l34
LICENSE APPLICATION SUMMARY
Date: Tuesday, May 30, 2000 @ 4:00 PM
LicenseID: 20000000096
License Applicant:
License Type:
GB Core Inc.
(Glen E. Berhow, President)
500 Bush Ave.
Recycling Collection Center
License Conditions: 1
The collection and processing of parts, for shipment, shall be
conducYed inside the building.
The business operation at this licensed premise shall not be in the
manner of an auto salvage use.
There shall be no exterior storage.
The handling and storage of vehicle fluids, batteries, etc. shall be in
accordance with the Ramsey County Hazardous Waste Regulations.
The dumpster must be stored on the property and not in the alley,
street or on the public sidewallc..
2.
�
5
Requirements: Environmental Health - Approved
Fire - Pending
Licensing - Approved w/Conditions
Zoning - Approved
Pending Adverse Actions: None
Current Licensee:
LIEP Recommendation:
None
Recommend approval
LTEP StaffRepresentative
.
In Re the License A plication of
— Glen Berhow d/b/a �B Core, c. —
CitS�'s E�. No. ll
- �^�
Rr = _" =*a
t _ ^ c ' 'rt
��=�
GERRY STRATHMAN
Direttor
Corinne Asuncion
LIEP
300 Lowry Professional Buildir
CITY OF S�INT PAt; L ��_ n J
COUNCIL INVESTIGATIOV AND RESEARCH CENTER �
NOTICE OF LEGISLATIVE HEARING
Glen Berhow, President
GB Core, Inc.
P.O. Box 906
Green Bay, WI 54305
Mr. Berhow:
An objection has been raised to the issuance of your City of Saint Paul Recycling Collecuon
Center License at 500 Bush Avenue. You are invited to attend and participate in a hearing before
the Legislative Hearing Officer regazding this objection.
The Legisiative Hearing will be held on:
DATE: Thursday, August 17, 20�0
TIME: 2:00 p.m.
PLACE: Saint Paul City HalURamsey County Courthouse
Third Floor, Room #330, Committee Hearing Room
15 West Kellogg Blvd.
Saint Paul, Minnesota 5� 102
At this hearing, the Legislative Hearing Officer will take testimony from all interested people. At
the end of this hearing, he will make a recommendation as to whether the license should be
approved, approved with conditions, or referred to an Administrative Law Judge. The City
Council will have the final authority to grant or deny this license.
c: Fred Gonzales, GB Core, Inc.
Council President Dan Bostrom
Complainant
District 2 Neighborhood Organizations
District 5 Neighborhood Organizations
Virginia Palmer, City Attorney's Office
LIEP Staff
Notice Mailed: 8/8/00
C[TY HALL
SUITE 3I0 SAINT PAUL, MI In Re the License A�pplication of �
.�. — Glen Berho d/b; a G.B Core Inc. �,
Pnncetl on Recyc:etl paper CI� �S F'xh. NO. 1�. �n �
�/
�
�'`� ♦
�� °=TY ° F @ qCTION MINUTES OF THE
a�"� SAINT PAUL CITY COUNCIL
6 il���fi�iIIi a
;, ..0 Wednesday, September 6, 2000
�, 3:30 - 5:00 p.m.
PUBLIC HEARINGS - 5:30 - 6:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Ketlogg Boulevard
Nancy Anderson, Assistant Secretary to the Council
Mary Erickson, Clerical Support - 651-266-8565
Office of the City Council
Present - 7- Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items 1 - 33)
NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION THERE
WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS IF DISCUSSION IS DESIRED, THAT
ITEM WILL BE REMOVED FROMTHE CONSENT AGENDA AND CONSIDERED SEPAR4TELY.
FOR ACTION
Approval ofminutes of August 2, 2000 (laid over from August 23), August 9, and
August 16, 2000.
Adopted Yeas - 7 Nays - 0
2. Claims of Farmers Insurance Group (for Ralph Pennie), Farmers Insurance Group
(for Elena Schroeder), Robert Flood, Gordon Gendler, Michael Glassman (for
Dawn Talavacchio), Cho Hyunsik, Anitra Johnson, Gene Marault, Metropolitan
Law Offices (for Mazia Bennett), Stephanie Stanton, Pearl White, and Tressa
Wickoren.
Referred to the Employee/Risk Management Division
� �
In Re the Lxcense A�pplication of
a Glen Berhow d/b/a (U. S Cor Inc. �
City's Exh. No. 13 �� ,
01-q�
September 6, 2000, City Council Action Minutes
Page 2
Letter from the Real Estate Division announcing a public hearing before the City
Council on September 27, 2000, to consider a petition to vacate part of the east-
west alley in Block 14, Hayden Heights Addition in City Council District 6,
Planning District 2.
4. Letter from the Real Estate Division announcing a public hearing before the City
Council on September 27, 2000, to consider a petition to vacate part of Aldine
Street north of the railroad right-of-way and south of Roblyn Avenue in City
Council District 4, Planning District 13.
Letter from the Real Estate Division announcing a public hearing before the City
Council on September 27, 2000, to consider the vacation of Rose Avenue from
Phalen Boulevard to Bazclay Street for construction of the State of Minnesota's
Bureau of Criminal Apprehension Building.
6. Letter from the Real Estate Division announcing a public hearing before the City
Council on September 27, 2000, to consider the vacation of part of a lot near Point
Douglas Road and Clarence Street originally taken for right-of-way purposes.
7. Letter from the Real Estate Division announcing a public hearing before the City
Council on September 27, 2000, to consider the request of Ronald Thorson to
vacate Barclay Street from Reaney to Bush Avenues and the alley in Block 3,
Homan's Subdivision in order to construct a garage on part of the vacated area.
8. Administrative Orders:
D001905 Authorization to pay Saint Paul Public Schools an amount not to
exceed $15,000.00 for the Adams Spanish Immersion School
_ Playground project.
D001906 Authorizing the Division of Code Enforcement, Truth-in-Sale of
Housing program, to pay for costs incurred at the annual re-licensing
meeting.
D001907 Approving a budget revision in the Department of Planning and
Economic Development for repair of the Advanced Parking
Information System.
D001908 Autharizing the Division of Parks and Recreation to enter into an
agreement with Patricia Katagiri of a local Urasenke School of Tea
Ceremony and Jim Herrman of 7apan to pay for materials and
supplies purchased in Japan for Tea Ceremonies at the Japanese
Garden.
D001909 Transferring Sewer Service Funds from the 1998 Major Sewer
�1
September 6, 2000, City Council Action Minutes Page 3
Repair project to the 1999 Various Sewer Repair project in the
Department of Public Works.
D001910 Revising the 2000 Capital Improvement Budget to move funding
from the Capital Maintenance Contingency to the Lexington Library
Roofproject.
Noted as on file in the City Clerk's Office
9. Resolution - 00-782 - Approving the reappointment of Andrew Boss, by Mayor
Coleman, to the City of Saint Paul Public Housing Agency.
Adopted Yeas - 7 Nays - 0
10. Resolution - 00-783 - Approving the reappointment of Richard Arey, by Mayor
Coleman, to the Bicycle Advisory Board.
Adopted Yeas - 7 Nays - 0
11. Resolution - 00-784 - Approving the appointment of Dr. Karlyn Eckman, by
Mayor Coleman, to the Middle Mississippi River Water Management
Organization.
Adopted Yeas - 7 Nays - 0
12. Resolution - 00-785 - Approving the appointment of Matt Anfang, by Mayor
Coleman, to the Board of Water Commissioners.
Adopted Yeas - 7 Nays - 0
13. Resolution - 00-786 - Approving the appointment of Annette Wuertz, by Mayor
Coleman, to the Saint Paul Neighborhood Network Board of Directors.
Adopted Yeas - 7 Nays - 0
14. Resolution - 00-787 - Approving the appointment of Cathy Pavlak, by Mayor
Coleman, to the Police Civilian Internal Affairs Review Commission.
AdopYed Yeas - 7 Nays - 0
15. Resolution - 00-787 - Approving the appointment of Raymond Ogren, by Mayor
Coleman, as an alternate representative to the Ramsey Action Program.
Adopted Yeas - 7 Nays - 0
e t -�✓
September 6, 2000, City Councii Action Minutes Page 4
16. Resolution - 00-788 - Expressing support for a fair contract for American
Federation of Television and Radio Artists (AFTRA) and the Screen Actors Guild
(SAG).
Adopted Yeas - 7 Nays - 0
17. Resolution - 00-789 - Approving the financing and spending plan for the 2000
Public Utilities Rate Investigation budget for cable franchise application fees.
Adopted Yeas - 7 Nays - 0
18. Resolution - 00-790 - Authorizing the Division of Parks and Recreation to apply
for Youth Enrichment Grant funding from the Minnesota Department of Children,
Families & Learning, through the Minnesota Amateur Sports Commission, to help
in the construction of two new soccer fields at McDonough Recreation Center.
Adopted Yeas - 7 Nays - 0
19. Resolution - 00-791 - Referring the application for a Liquor Off Sale License by F
& D Enterprises, Inc., dba Mounds Park Liquors, 243 Point Douglas Road North,
to an Administrative Law Judge.
Laid over to September 20 Yeas - 7 Nays - 0
20. Resolution - 00-792 - Approving the application for Liquor On-Sale (over 100
Seats) (B), Liquor On-Sale (Sunday), Restaurant (more than 12 seats) (B),
Cigarette/Tobacco, Entertainment (B), Malt Off-Sale, and Gambling Location
(Class B) Licenses by Alan L. Peterson, dba Ryan's Bar, 201 Fourth Street East.
(Legislative Hearing Officer recommends approval with conditions)
Adopted Yeas - 7 Nays - 0
_ 21. Resolution - 00-793 - Approving application for a Recycling Collection Center
License by Glen E. Berhow, dba GB Gore, Inc., 500 Bush Avenue. (Legislative
Hearing Officer recommends approval with conditions)
Referred to an Administrative Law Judge Yeas - 7 Nays - 0
22. Resolution - 00-794 - Approving Mn/DOT Agreement No. 80361 between
Mn/DOT and the City of Saint Paul to reconstruct traffic signal on Snelling and
Grand Avenues.
Adopted Yeas - 7 Nays - 0
��
September 6, 2000, City Council Action Minutes Page 5
23. Resolution - 00-795 - Amending the spending and financing plans for the Hoyt/
Montana Flood Remediation Projects.
Adopted Yeas - 7 Nays - 0
24. Resolution - 00-796 - Authorizing the Departrnent of Public Works to enter into
an agreement with the Minnesota Commercial Railway Company and the
Commissioner of Transportation for the installation and maintenance of railroad
crossing signals at the intersection of Kasota Avenue with the tracks of the
Minnesota Commercial Railway Company (on Kasota between west City limits
and T.H. 280)
Adopted Yeas - 7 Nays - 0
25. Resolution - 00-797 - Authorizing the City to enter into a Sub-Grant Agreement
with the Division of Emergency Management in the Minnesota Department of
Public Safety to recover costs incurred for severe storms from May 17, 2000
through July 12, 2000.
Adopted Yeas - 7 Nays - 0
26. Resolution - 00-798 - Indicating the Department of Public Works has prepared an
Environmental Assessment Warksheet (EAW) which addresses environmental
issues associated with the OgdenlWinthrop Sanitary Sewer Project and further
states that the environmental issues are reversible and will be mitigated by
construction policies and requirements and that an Envirorunental Impact
Statement (EIS) is not necessary for the project to proceed.
Adopted Yeas - 7 Nays - 0
27. Resolution - 00-799 - Requesting a variance to allow a 25 mph (40 km/h) speed
limit on Sibley Street from Second Street to Fourth Street.
Adopted Yeas - 7 Nays - 0
28. Resolution - 00-800 - Establishing a 2000 spending and financing plan for
Emergency Communications Center (ECC) services provided to the City of
Roseville.
Adopted Yeas - 7 Nays - 0
0l-�1/
September 6, 2000, City Council Action Minutes
Page 6
29. Resolution - 00-801 - Accepting a Minnesota Cities Grant from the Minnesota
Department of Economic Security for July 1, 2000, through June 30, 2001, and
authorizing the Police Deparhnent to enter into agreements with the Minnesota
Department of Economic Security and Saint Paul Public Schools.
Adopted Yeas - 7 Nays - 0
30. Resolution - 00-802 - Authorizing the Police Department to accept an Intemet
Crimes Against Children Grant from the U.S. Department of Justice, authorizing
Chief William Finney to enter into an agreement with the U.S. Department of
Justice, and establishing a 2000 financing and spending plan for the grant.
Adopted Yeas - 7 Nays - 0
31. Resolution - 00-803 - Authorizing the Police Department to enter into an
agreement with the State of Minnesota, acting on behalf of Century College, to
provide 300 hours of POST (Peace Officer Standards Training) approved training
for the period September 1, 2000, through June 30, 2001.
Adopted Yeas - 7 Nays - 0
32. Resolution - 00-804 - Authorizing the Police Department to enter into an
agreement with the University of Minnesota Police Department to furnish
assistance with flood, natural disaster, civil disturbance, or other emergencies
occurring within either jurisdiction.
Adopted Yeas - 7 Nays - 0
33. Resolution - 00-805 - Authorizing the Saint Paul Police Department to enter into
an agreement with the United State Department of Justice to participate in the
Drug Enforcement Administration Task Force.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
34
Resolution - 00-711 - Authorizing the Police Department to accept a$3,000 grant
from the Minnesota Department of Public Safety to be used towards targeting
adult providers of alcohol to minors. (Laid over from August 16 to October 18;
Resolution will be reconsidered on September 6)
Laid over to September 20 Yeas - 7 Nays - 0
ol-q�
September 6, 2000, City Council Action Minutes
Page 7
35. Resolution - 00-712 - Authorizing the Police Department to accept a$5,000 gzant
from the Minnesota Department of Pubiic Safety to be used for liquor compliance
checks. (Laid over &om August 16 to October 18; Resolution will be
reconsidered on September 6)
Laid over to September 20 Yeas - 7 Nays - 0
36. Report from the Department of Planning and Economic Development regarding
amendments to the Legislative Code related to signage in downtown. (Report
requested by Council March 8, 2000; C.F. 00-227)
A report was presented by Larry Soderholm, Department of Planning and
Economic Development.
37. Report from the Division of Parks and Recreation of the Initial Lease Terms and
any Extended Lease Terms regarding the Saint Paul Yacht Club's performance.
(Report requested by Council Apri17, 1999; C.F. 99-306)
Laid over to September 20 Yeas - 7 Nays - 0
ORDINANCES
38. Third Reading - 00-737 - An ordinance memorializing the decision of the City
Council granting the application of Jaunae and David Brooks to rezone properiy
at 1528 Grand Avenue, from RM-2 to OS-1 to aliow an office use. (Substitute
introduced August 23) (Public hearing held July 12, 2000)
Laid over to September 13 for final adoption
39. First Reading - 00-806 - An ordinance finalizing City Council action approving a
petition of Episcopal Church Home to rezone property located on the corner of
Fairview and University Avenues from B-3 and P-1 to RM-2 to allow for the
expansion of a retirement community. (Public hearing held August 9, 2000)
Laid over to September 13 for second reading
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
40. Third Reading - 00-744 - An ordinance amending Saint Paul Legislative Code
Section 33.04 by inserting the 50% reduction of all housing related permits as part
of an extension of a pilot program to increase housing in Saint Paul.
Laid over to September 13 for final adoption
dl- Rr
September 6, 2000, City Council Action Minutes
�
41. Resolution - 00-215 - Revoking the provisionai operator status as a taxicab driver
for Keith Hooks for failure to enroli in the taYicab driver training course. (Laid
over from August 9)
Substitute introduced and adopted Yeas - 7 Nays- 0
42. Resolution - 00-433 - Revoking the provisional operator status as a taxicab driver
for Dwight Smith for failure to enroll in the taYicab driver training course. (Laid
over from August 9)
Laid over to December 6 Yeas - 7 Nays - 0
43. Resolution - 00-807 - Granting the application of Juanita C. Gonzalez, General
Manager, Radio Rey, Inc., to allow live music at 10 River Park Plaza on
September 16, 2000, from 12:00 noon to 12:00 midnight.
Adopted as amended Yeas - 7 Nays - 0
44. Resolution - 00-808 - Approving the dedication of a permanent utility easement
for sewer purposes and temporary construction easement to the City of
Maplewood to enable a connection to the Metropolitan Council Environmental
Services existing sanitary sewer line on the grounds of the Rice and Arlington
complex.
Adopted Yeas - 7 Nays - 0
45. Final Order - 00-809 - In the matter of Operation and Maintenance Costs for the
Arcade/Case and the Grand/Sneliing parking lots for 2001. (File # 18744 &
18746)
Adopted Yeas - 7 Nays - 0
46. Resolution Ratifying Assessment - 00-810 - In the matter of the Arcade/Case and
CTrand(Snelling parking lots operation and maintenance costs for 2001. (File
#18744 & 18746)
Adopted Yeas - 7 Nays - 0
47
.�
Final Order - 00-811 - In the matter of the Seventh Place Mall operation and
maintenance costs for 2000. (File #18428-00)
Adopted Yeas - 7 Nays - 0
Resolution Ratifying Assessment - 00-812 - In the matter of the Seventh Place
Mall operation and maintenance costs for 1999. (File #18428-1999)
Adopted Yeas - 7 Nays - 0
a l- q�
September 6, 2000, City Council Action Minutes
49. Resolution Ratifying Assessment - 00-813 - In the matter of the Seventh/
Eleanor Area Paving and Lighting Project. (File #18908)
Adopted Yeas - 7 Nays - 0
50. Resolution Ratifying Assessment - 00-814 - In the matter of the Charles/
Chatsworth Residentiai Street Paving and Lighting Proj ect. (File # 18912)
Adopted Yeas - 7 Nays - 0
Page 9
51. Resolution Ratifying Assessment - 00-815 - In the matter of 2000 replacement of
lead water service connections as requested by properiy owners. (File
#OOLDSCRPL)
Adopted as amended Yeas - 7 Nays - 0
(254 Warwick Street was deleted)
52. Resolution - 00-765 - Concerning adverse action against all licenses held by
E& K Corporation, dba Checkers Nite Club, 1066 7th 5treet East, for failure to
pay delinquent license fees. (Laid over from August 23)
Laid over to September 27 Yeas - 7 Nays - 0
53. Resolution - 00-766- Concerning adverse action against the Cigarette/Tobacco
License held by Twin Cities Stores, Inc. #571, dba Oasis Market, 2067 Grand
Avenue. (Laid over from August 23)
Adopted Yeas - 7 Nays - 0
54. Public hearing to consider the application of 7ohn Kratz for a preliminary and
final plat for subdivision of properry bounded by Juliet Avenue, Palace Street, and
Highway 35E to create seven residential lots and one outlot.
Motion of Intent - Application Granted with Conditions
Yeas - 7 Nays - 0
55. Public hearing to consider the appeal of Larry Stams to a decision of the Planning
Commission allowing a determination of similar use for a private association of
Christian faithful housing up to seven (7) unrelated adults at 1977 Grand Avenue.
Laid over to September 13 Yeas - 7 Nays - 0
0�-9�
September 6, 2000, City Council Agenda
Page 10
56. Public hearing to consider the appeal of Dayton's Bluff District 4 Community
Council to a decision of the Planning Commission granting a Change of
Nonconforming Use Permit to change from a small custom welding shop to a
janitorial service at 841 Hudson Road.
Laid over to September 20 Yeas - 4 Nays - 3(Blakey, Harris, Reiter)
57. Pubiic hearing to consider the appeal of Jean Iwen to a decision of the Planning
Commission approving a site plan for a soccer field on the Campus of the College
of Saint Catherine, 2004 Randolph Avenue.
Motion of Intent - Appeal Denied (Conditions were imposed)
Yeas - 6 Nays - 0(Coleman not present)
To All Interested Citizens of the City of Saint Paul:
Want to become more involved within the Saint Paul Community?
The City of Saint Paul is currently seeking applicants for the following
citizen committees:
District Energy
Police Civilian Internal Affairs Review Committee,
residency required
The committees serve a wide range of needs and interests. Far more
information and/or an appiication, please see the City's web site at
www:cistpaul.mn.us/mavor/committeeinfo/ or contact Tom Marver
at 651.266.6610 for more information on how you can become involved.
�1. iK..
'' — *� • OFFIC THE CITY ATTORNEY /
Claytors �binson, Jn, Ciry Attorney 4 � — 9
CITY OF SAINT PAUL
Norm Co7eman, Mayor
September 20, 2000
Civil Division
400 Ciry Hal!
IS West Kellogg Blvd-
Saint Paul, Minnuota 55102
NOTICE OF HEARTNG
Glen Berhow, President
GB Core, Inc.
P.O. Box 906
Green Bay, Wisconsin 54305
Telephone: 65! 266-8710
F¢csimile: 651298-5619
RE: Application for a recycling coilection center license by GB Core, Inc., for the premises at
500 Bush Avenue
Dear Mr. Berhow:
Please take notice that a hearing will be held concerning your application for a recycling
collection center license for the premises at 500 Bush Avenue in Saint Paul. The hearing will be
heid at the following date, time and place:
Date;
Time:
Place:
October 12, 2000
9:30 a.m.
Roam 220, City HaIUCourthouse
15 W. Kellogg Boulevard
Saint Paul, MN 55102
The hearing examiner will be an Administrative Law 3udge from the State of Minnesota Office
of Administrative I-Iearings:
Name: Phyliis A. Reha
Oft"sce of Administrative hTezrings
100 Washington Square, Suite 1700
Minneapolis, MN 55401-2138
Telephone: (612) 341-7602
The Councii of the City of Saint Paul has refened the question of whetiier to deny your license
application for a hearing in accordance with the procedures of Saint Paul Legislative Code
§§310.05 and 310.06. Under those provisions, you aze entitled to notice and an opportunity to be
heard.
� �
In Re the License A plication of
— Glen Berhow d(b(a � B Cor Inc. —
City's Exh. No.14 � ,
Page 2
Gien Berhow
September 20, 2000
�
�
° �
The recommendation which the Director of the Office of License, Inspections and Environmental
Protection will present to the Administrative Law Judge is that the license should be approved
with conditions. The conditions bein� recommended are those conditions which you have
reviewed and agreed to by signature dated March 13, 2000.
However, the Administrative Law Judge is permitted to hear "other interested persons" and to
give them an opportunity to present testnnony and othenvise participate in such a hearing. It is
anticipated that one or more such "interested persons" will participate in the hearing, and
may wish to intervene. i he Administrative Law 7udge may require such person or persons to
provide written notice of the a ounds upon which denial of your license application is urged, and
the factual basis for such grounds. Motions may be made to determine the issue of intervention
and notice of the grounds in advance of the hearin�.
You have the right to be represented by an attorney before and during the hearing if you so
choose, or you can represent yoursel£ You may also have another person of your choice to
represent you, to the extent not prohibited as unauthorized practice of law.
The hearing will be conducted by an Administrative Law Judge, who will outline the procedures
for the hearing and consider any motions which the parties or interested persons may present.
Testimony is presented under oath, and the witnesses are subject to cross-examination. The
hearings are tape-recorded by the Administrative Law Judge. Concluding azguments may be
made orally or in writing, as agreed to by the parties and the Judge. Following the hearing, the
Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for
action to be taken by the City Council. The City Council is the uitimate decision-maker.
You should bring with you to the hearing any docuxnents, records, witnesses or other evidence
that you will or may need to support your position. Subpoenas may be available to compel the
attendance of witnesses or the production of documents in conformity with Minnesota Rules.
Please feel free to contact me if you have any questions about this letter.
Sincerely,
�/ � �.�.�,
��
Virginia D. Palmer
Assistant City Attomey
cc: LaVon Regan, Office of Administrative Hearings, 100 Washington Square, Suite 1700,
Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hali
Page 3
Glen Berhow
September 20, 2000
�
�
D�-9�
Robert Kessler, Director of LIEP
Christine Rozek, Deputy Duector of LIEP
7ames A. Yarosh, Attomey at Law, 1300 Washington Square, 100 Washin�ton Ave. S.,
Mpls, MN 55401
Chuck Repke, Community Organizer, District 2 Community Council, 1961 Sherwood
Ave. E., St. Paul, M'iV 55119
Bmce Sylvester, Community Organizer, Payne Phalen District 5 Planning Council, 1014
Payne Ave., St. Paul, MN 55101
Marjo:ie Mangine, Phalen Village Business asseciation, 1565 East Idaho, St. Paul, MN
55106
Kazen Swenson, Executive Director, North East Neighborhoods Dev. Corp., 1212
Prosperity Ave., St. Paul, MN 55106
� . r
�
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
�
0%-9�
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on September 21, 2��0, she served the attached NOTICE OF
HEARING on the following named person by placing a true and correct
copy thereof in an envelope addressed as follows:
Glen Berhow, President
GB Core, Inc.
PQ Box 906
Green Bay, Wisconsin 54305
(which is the last known address of said person) and depositing the
same, with postage prepaid, in the Uni tates mails at St. Paul,
Minnesota. _ ,� /�
CLEMENTS
Subscribed and sworn to before me
this 21st d�f S�tey��r, 2000.
Notary
'ETEf2 P. PAPIGBORN
�7ARY PUBLIC - MINNESOTA
MY CQMMISSION
rXPfRES JAN. 31, 2005
, OCT-03-2000 09�35 City o{ Saint Paul 651 266 8574 P.0?J96
oJ-q�
MINUTES OF THE LECrISLATIVB i3EAIZING
GII CORE,INC., 500 Bush Avenue
Thursday, August ] 7, 2000
Room 330 Co�thouse
Gerry Sirathman, Legislative Hearing Officer
STAFF PRESENT: Corinne Asuncion, License, Snspections, Bnvironmental Pmtecrion (LTEP);
Jofin Hardwick, LIEP
The meeting was called to order at 2:05 p.m.
Ger•ry Strathman stated this Iiearing is being held to heaz objeetinns to the ticense application for
G13 Core, Jnc. at S00 Bush Avenue.
Corinne Asuncion reported this agplication is for a Recycling Collection Center License.
Inspections for environmental health, fire, licensing, and zoning have all been approved, LILP is
recommending approvaI of the Iicense with Che frve conciitions listed below, which have been
si�ned by the applicant:
1) 'I'be collection and processing of parts for shipment shall be conducted inside tlie building.
2) The bnsiness operation at this licensed premise shall not be in the manner of an auto
salvage use.
3) There shatl be no earterior storage,
4) The handling and sforage of vehicle fluids, Uafteries, etc, shall be in accordance wiCh the
Ramsey CounLy Hazaxdous Waste Regulations.
5) The dumpster must be stored on the property and not in the a11ey, street, or on the public
sidewallc.
NIs. Asuncion stated she would like to add one uiore condiflon because d�is business is within
$OQ fcet of tesidential property. This condi6on has not been signcd by the applicant:
6) The business hoivs of operation shall be from 7:00 a.m. to 7:00 p.m.
Bruce Sylvester, District S Planning Council, appeared and stated he sent a lettcr dated May 26
outiining their concerns. The strongesi case he has is the first concern. 1) Several City staff
members have told him it is illegal to o�erate in Saint Paul prior to being issued a Iicense. Tlus
is taken directly from City code. 2) There lias been illegal disposai ofhazatdous materials: oil
aad fluoresceat bulbs aze heing thrown into a dumpster. 3) Some wotk has been done on the
b�rilding without permifs. This is an industrislly zoned site tliat is adjacent to a residentially
xoned area. 4) Engine and auto parts are freqE2entiy left outside of Che building.
A final point, stated Mr. Sylvester, that as not mentioned ia his letter is constntction
debris-orushed cinder hiocks-scattered on the public street and alley outside the business. This
c�n be a problem for tires. The planning council mei once with the manager on site. Tfuough
those conversations and because of ihe concerns of the neighbors, the plauning counci3 voted to
not support the license.
�
n e t e icense p�icat�on o
_ Glen Berhow d/b/a � S Cor Tnc. _
C+�e Esli. No.15 ��
OCT-03-2000 09�35 City of Saint Paul 651 266 8574 P.03i06
�/-9�
LEGISLATTV$ HEARII3G MINUTES, GB CORE, 500 BUSH AVENLTE, 8-17-00 Page 2
Troy Trooien, 766 Burr Street, appeared and stated he objects to this license being issued
beeause of things he has seen at S00 BusYi Avenue. The people operat'sng this business seem to
have contempt for the environment, laws, and reguiatfions. {Mr. Trooien presented photo�raphs
to Mr. Strathman indicating where petroleum products bad been spilled. These photographers
were also shown to the owner.)
Mr. Strat}unan asked why he preswnes there is consixuction without permits. Mr. Trooien
responded he has not seen pecmits posted. Kristine Schweinter (LIEP) was at the site,
established there was no permit, and told them to stop whatever they were doing.
Autumn 1999, stated Mr. Trooien, there was a lot of activity at S00 B�sh Avenue. lie presumes
that is when GB Core moved in. A lot o#' hucks and activity appeared in the Spring oF 2000.
The Task Force was concemed about traffic, noise, and hours of operation Mr. Trooiea is
mostly troublecl by the pollntion. Oil on the ground will be there for a long time. Also, Mr.
Tzooien received a cai! from Glen Berhow.
Mr. Strathrnan asked is it their perception fltat the way ttus business is being operated is
distuxbing the neighborhood or that it wiIl in the fixture disttvb the neighborhood. Mr. Trooien
respondEd he has seen some things that aze disturbing to him. The a11ey was paved last summer
and re-oiled a�ew weeks ago. Trucks with heavy loads and heauy engines are destroying the
aliey, which is not as bad as dumping, but still a concErn. Traffic, naise, and blocicing the road
are not a problem because d�ey are the cost of dping business.
Glen 13erhow, owner and president, and ]im Yaznsh, atCOrney, appeared. Mr. Berlww stated GB
Core, Inc., is a Wisconsin based corporation_ They have a lazge operation in Green Bay,
Wiscozisin whera there is a 40,000 square foot building and 4 acres of fenced yazd, Everything is
done inside the building as it will bc done in Saint Paul. The bti�siness has been in existence
s�nce 1987. They have leased a building in Saint Paul since 1990. There was an operation on
Yennsylvania AvemYe for about six years. They leased a huilding at 893 Picrce Butler Route for
three years, which expired in October 1999.
NIr. Berhow went on t� say they are a�rowing company and were looking at better business
decisions and decided to purchase a buildin� at 500 BtLSh Avenue. Tt was purchassd on a land
contract detkI. When he first looked at 111e building, it was a mess, and there were a lot of ]egal
issucs that were defaulted on. 'Cl�e building was rented before it was purchased in 7wie, at which
time GB Core took ownership. They havc been cIeaning it up. The building has been used in a
minimal worku� operation. GB Core supplies used engines and eomponents to produetion
engine xcbuilders across the United States. The operafion in Saint Paul is a safellite operarion:
all that is done hare is purchasing.
Mr. Berhow had o conversafion with Troy Trooien and tried to explaTn the operation to him. Mr.
Berhow has gone to the extreme end in trying to xnake this a neighborhood operation, buY it will
not ha.ppen overnighl becanse there is too much work to do on the building. All he is doing with
tIie building is Cleaning it up, takiug down old walls ttxat arc alrcady half knacked down,
OCT-03-2000 99�35 City of Saint Paul 651 266 8574 P.04i06
LEGISLATIVE HEA1tIlVG _ � / �/
MINUTES, GB CORE, 500 BUSH AVENUE, g_I7_00 Page 3
windows that were boarded up, doors that aze not functionable. The � m �� � been at the
bui2ding monthly.
Mr. Stratlunaa stated he is concemed about the adlegations of hazardous materiats. Mr. $erhow
r�sPo�� that is not accvrate_ Sherrie Wings finm the Fire Dep��t ��een there at least
fen Smes in the Iast few months. They have done aIl the things Ms. Wings asked them to do.
't'his building previous(y lvoked so bad that it was a dumpiag ground for mattresses, tires, etc.
�� w�� m�ament box has been put snside the building because dumping is still a
problem.
What are they doing witta the fluids from engines, askefl p�., g��� � gerhof responded
they have speciaily made benches. These engines are loaded onto a tiuck and are sold to GB
Core. There mighi be .05°10 of fluids from 100 engines; the amount is that miniinai. That littIe
bit is drained into a coutainer as requested by Ms. Wings. She also requested Ihat the barrels
used are put on special paI(ets. They have fot� barrels, but tbey won't collect four barrels of
ftulds over a year's time. $veryonc has rushed to conckuions. This building is under review by
the fue departuient and by fhe DNR (Dep2rtmerrt of Natural Resources).
Mr. Strathman asked abc�ut ihe claim thal there t�,� ��etion without permits. (Mr, lierhoW
explained some of the photographs from Mr. Trooien.) Mr, Berhow stated he talked ko someone
in LIEP, �plained wi�aL they are doing, a�d ��t t��ey were xemoving things from the building.
He was told by a representa#ive from LIEp that as long as things are pr�exisfing and pre-framed,
he is not required to have a permit because Hxey are not changing auything,
Mr. Strathman asked about the additional condition regarding the hours, Mr. Berhof responded
the emplayees are us;�a]ly done by 4:00 p,n�. 7:00 woul d never be a problem.
Mr. Trooien asked is the business recycling engines. Mt, i3erhof respondad they have done a
minima] mnount witIi the engines or wliafever.
�r. Trooien stated he counted five dumpsters of stuff going out, $e does not think this is a tiny
operation. Mr. Berhof responded GB Core is not a tiny operation: they sell 1,500 en�ines a
month, Those are approved recycling bins. These are not junlc cngfnes. ti�ey have $750,000 in
inventory. W�en this business is running, thay may be do'ueg $250,000 a wcek ia purchases.
�e3' run a clean operation in Green Bay, and it wili be no differenl in Saine Paul. GB Core does
not look like an engine cat broker place. rvetything is shrink wrapped, prioritized,
computerized, and on racking,
T-ic does not thirik Mr. Berhof is telling the truth, stated Mr. Trooien. The pictures are taken from
a six monfh period. He has seen a pattern of slopp��s outside GB Cora. There is �, serious
operation goiug on. Mr. Trooien is not coneemed that they are computeri�d nor that they do a
good t�usiness in Green Bay. Rather, he is concemed about pollution he has seen everyday for
the past nine monfhs. Mr. Berliof is not addressing this and it speaks to his veracity.
� OCT-03-2000 09�36 City vf Saint Paul 651 266 8574 P.05i06
.� _ � � j
LEGISLATIVE HEARTNG MfN[JTES, GB CORE, S00 BUSH AVENLTE, $-] 7-00 Page 4
Mr. Sylvester stated the business has acknowledged they are already operating, which is a
violation of City code. The fact that they are operating without a license speaks volumes about
how they ace going to manage their business to the benefit of Saint Paul. He urged Mr.
Stratlmz2n to take this into consideration,
Mr. Berhof stated the tninimum amount they aze doing is the transition from the other building to
this building. These gentlemen aze describing things that have happened in the past. GH Core is
going to make this a nice operation.
Mr. Strathman stated he is troubled that GB Core is operating without a license. LJnfoztunately,
this fiappens with disturbing regularity in the City. Operating without a Iicense is not in at�d of
itself a basis for denying a license. The concern of the nei�hboxs is substantial; however, there is
a license condition that the business will handle fluids applicable to County zegulations. Mr.
Strathman does not see a hasis for denying this license.
Gerry Strathman recammended approval of this license application witU the six conditions as
listed on Page I. These conditions have been appmved by Glen Bexhaf.
The nieeting was adjourned at 238 p.m.
�i.,�
' . OCT-03-2000 09�36 City of Saint Paul 651 266 8574 P.06/06
,,
September 6, 2000, City Council Action Mimaes
16, Resolution - 00.788 - 8�cpressing support for a fa'u conhact for American
Federation of Television and Radio Artists (AFTRA) and the Screen Actors Guild
(SAG}.
Adopted Yeas - 7 1�Iays - Q
17. Resolution - 00-789 - Approving the fmaacing and spending plan for the 2000
Public Utilities Rate Investigation budget for cable franchise application fees.
Adogted Xeas - 7 l�ays - 0 �
18. Resolution - 00-790 - Authorizing the Division of Parks and Recreation to apply
for Yvuth Enrichment Grant funding from the Minnesota Depac�ent of Chiidren,
Families & Learning, through the Minnesota Amateur Sports Commission, to help
in the consuuction of two new soccer fislds at McDonough Reereation Center.
Adopted Yeas - 7 Nays - 0
19. Resolution - 00-791 - Referring the application for a Liquor Off Sale License by F
& D Enterprises, Inc., dba Mounds Park Liquors, 243 Point Dougias Road Nprth,
to an Administrative Law Iudge.
Laid over to Sepkember 20 Yeas - 9 Nays - 0
20. Resolntion - 00-792 - Appraving the application for Liquor On-Sale (over 100
Seats} (B), Liquor On-Sale (Sunday), Restaurant (more than t 2 seats) (B),
Cigarette/Tobacco, Entertainment (B), Malt Off-Sale, and Gambling Location
(Ctass B) Licenses by Alan L. Peterson, dba Ryan's Bar, 201 Fourth Street East
(LegislaNve Hearing Officer recommends approval with conditious)
Adopted Ye�s - 7 Nays - 0
21. Resolution - 00-793 - Appmving application for a Recycling Collection Center
License by Glen E. Berhow, dba GB Gore, Inc., S00 Bush Avenue. (Legistadve
Hearing Officer recammends approval with condiHons)
Referred to an Admiaistrafive Law Judge Xeas - 7 Nays - 0
22. Resolution - DO-794 - Approving MnlDOT A�eement No. 80361 between
Mn/DOT and the City of Saint Paui to recons�uct 1raffic signai on Snelling and
Grand Avenues.
o1-gJ
Page 4
Adopted Yeas - 7 Nays - 0
TOTRL P.06
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Saint Paul - Ramsey CouMy Departmeni of Pu6fic Heafth
Environmentat Health Sec4lpn :
Solid & Hazazdous Waste Compliar+ce Program
t670 Beam Avenue, Suite R
Maple�v0od, MN 551 Q8
Telephone:773-4465 Fax:773-4454
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Generamr: �' ��': L.'� ,- �.r-�--
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Inspec[ion Date: F `� �� f ' �``� v ---
East Inspectian Date:
Size: SoG _�_VSQG Purpose: ;"InRial � Routine Follow-up Enforcement Complaint Closore
' •• '- - - a . . • . - :is . -:'
1. Ucense CurrenVPasted t Max AccumWation Vo! -< 1000 kg (VSQG} _y antainers - ClosedlGood Cond'RioN
2. EPA ID Numbar , 2, iS0[270 Day SYorage Maximum _ � ImpeYVious Surface '�
3. Waste Evaluation 3. Sperrt Lead Acid Battery Storage �.`iLabe�ing
4. Licertse Application SubmriteG � 3. Reoyciing BecBipts (3 yr) ,
5. Unticensed Hazardous Waste > 75 Oays "�'' �' 4. VSQG • Used Oil Mixed with D001 Only
6. POTW Report3AVailabie , 1. Relinquishing Control 5: Used Oil 9umed Onsite
7. 15 Days Disposa! Prenotification 2. Report/Rgcover Spills (6495451) 6. Tanks • Labeled/CloseU/Good CondiboN
8. Prevlous OrUers Complied Witti �� 3. Operate To Prevent Reiease lmpervious Surface . �
9. Eniry qllowed 4. Adequate Ais[e Space
70. Other
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1. IntemallE�ternal Communication 2. lnspection LoQ Maiches SChadu�e
t. Wee&ly Container lnspections (3 YrS.) �= �OmRfNniCatipns in 4he 1NaSt8 At'ee �
2. Corrtainsrs In Good Candition 3. Emergency/Spill/Fire Equipmer�
3. Containers C(osed 4• EqufpmeRt TestedlMaiMainad i. Designated Emergency Coordinator{s)
4. Accumul9lion Start Date ' 5. IUOYrfication $gnt to Local Authari6es (SQG} 2. Telephone Posting: �
5. 'HezardoUS WaSte" Met'king �, a. Emergerky Caordinator(s) Name and Phone #
6. DescriptHa Name Ctearly Labeleci �� b, Locations of Flre/Spi1f Eq�ipment,
7. Ccntainers Compa6ble Wkh ihe Waste �� P�oPer Manifests c. MDO�rs Dept. Phone # �
8. Proper ignitabielReactive Mgmt (5p,Ft) �2• Copies Availab�e On 5ite (3 Years) 3. 3000 kg Storage Mauiroum
9. Incompatibie Wastes Separated - 3. Manifest Properiy Complefed 4. Aersonnei Training DocumeMed
4. '1'ntiial 6opy To MPCA (� DayS)
i!0• Uquids on Impermeable Surtace � '�.- 5. Fnal Copy To MPCA {40 Days) ��.�.
1�. Storage Tank Requirements 6. 45 Day ExCeption R9pOrt �� �
1. Removal of HW, Hazardous Matarials and
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1. Liquids on Curbed Impermeable Surfaoe 9. Feetlstock/8y product Bill of Lading {3 yr)
s 2. Ignitghle wastes Shaded 90, LDR Rocumsntstion Available (3 yr} �, USUAST R
3. Protectetl - MoisiurelEntry/Damage egistration
2. Specials Waste SWrage/�luorescer� tubas
The ltems ciroled above identify viclatfons noted during the inspec4ion conducted on this date.
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OFFICE OF THE CITY ATTORNEY
Claytan M. Robinson, Jr., City Attorney ,
CITY OF SA1NT PAUL
� � �'' � t Y � D Civil Division
= Norm Coleman, Mayor r �� r,� ^ ej Q q 4 � 0 7 0 City Hal[ Telephone: 657166-8710
�`-' G� �� I .r Gf7 WestKelloggSlvd. Facsimile: 6i1298-5619
Saint P¢ul, Minnuota 55102
i _y" -
r+.i�:_
_...,;1�UJ
September 20, 2000
Glen Berhow, President
GB Core, Inc.
P.O. Box 906
Green Bay, Wisconsin 54305
NOTICE OF HEARIIVG
RE: Application for a recycling collection center license by GB Core, Inc., for the premises at
500 Bush Avenue
Dear Mr. Berho;a:
Please take notice that a hearing will be held concerning your application for a recycling
collection center license for the premises at 500 Bush Avenue in Saint Paul. The hearing will be
held at the following date, time and piace:
Date:
Time:
October 12, 200€9
9:30 a.m.
Place: Room 220, City HaIUCourthouse
15 W. Kellogg Boulevard
Sain± Pau1,10'iN 55102
The hearing examiner will be an Administrative Law Judge from the State of Minnesota Office
ef Ac;.�.:ni;trative Hearings:
Name: Phyllis A. Reha
Office of Administrative Hearings
100 Washington Square, Suite 1700
P;�i�u�ayalis, i�lil�T S�SSI?-2i3P
Telephone: (612) 341-7602
The Council of the City of Saint Paul has refexred the question of whether to deny your license
application for a hearing in accordance with the procedures of Saint Paul LegisIaiive Code
§§310.05 and 310.06. Under those provisions, you are entitled to notice and an opportunity to be
heard.
Page 2
Glen Berhow
September 20, 2000
o1-q�
The recommendation which the D'uector of the Office of License, Inspections and Environmental
Protecfion will present to the Administrative Law Judge is that the license should be approved
with conditions. The condifions being recommended are those conditions which you have
reviewed and a�eed to by signature dated March 13, 2000.
However, the Admimstrative Law Judge is permitted to heat'bther interested persons" and to
give them an opporhulity to present testimony and otherwise participate in such a hearing. It is
anticipated that one or more such "interested persons" will participate in the hearing, and
may wish to intervene. The Administrative Law Judge may require such person or persons to
provide written notice of the grounds upon which denial of your license application is urged, and
the factual basis for such grounds. Motions may be made to determine the issue of intervention
and notice of the grounds in advance of the hearing.
You have the right to be represented by an attorney before and during the hearing if you so
choose, or yoe can represent yourself. You may also have another person of your choice to
represent you, to the extent not prohibited as unauthorized pracrice of law.
The hearing will be conducted by an Administrative Law 7udge, who will outline the procedures
for the hearing and consider any motions which the parties or interested persons may present.
Tesiimony is presented under oath, and the witnesses are subj ect to cross-examination. The
hearings are tape-recorded by the Administrative Law Judge. Concluding azguments may be
made orally or in writing, as agreed to by the parties and the 7udge. Following the hearing, the
Judge wiil prepare Findings of Fact, Conclusions of Law, and a specific recommendation for
action to be taken by the City Council. The City Council is the ultunate decision-maker.
You should bring with you to the hearing any documents, records, witnesses or other evidence
that you will or may need to suppozt your position. Subpoenas may be available to compel the
attendance of witnesses or the production of documents in conformity with Minnesota Rules.
Please feel free to contact me if you have any questions about this letter.
Sincerely,
�/ � ��..�,
��
Virginia D. Palxner
Assistant City Attomey
cc: LaVon Regan, Office of Administrative Hearings, 140 Washington Square, Suite 1700,
Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Page 3
Glen Berhow
September 20, 2000
o!-g�
Robert Kessler, Director of LIEP
Christine Rozek, Deputy Director of LIEP
James P.. Yasosh, Attome� ar Lav✓, 1300 Wash;roron Sqnare, 100 �Vashi.^.�oa Ave. S.,
Mpls, MN 55401 y
Chuck Repke, Community Organizer, District 2 Community Councii, 1961 Sherwood
Ave. E., St. Paul, MN 55119
Bruce Sylvester, Community Organizer, Payne Phalen District 5 Planning Councii, 1014
Payne Ave., St. Paul, MN 55101
Marjorie Mangine, Phalen Village Business Association, 1565 East Idaho, St. Paul, MN
55106
Karen Swenson, Executive Director, North East Neighborhoods Dev. Corp., 1212
Prosperity Ave., St. Paul, MN 55106
o �- 9i
LICENSES
therein illegally. This report shall apply to aIl
hotels, whether heretofore or hereafter licensed.
The conduct of any such hotel in a disorderly
manner or permitting any immoral or unIawfui
conduct or practices therein, or the sale of liquor
illegally, shall be cause for the refusal of a license
to the keeper thereof, or for the revocation of any
license aIready granted.
(Code 1956, § 335.06)
Sec. 407.07. Inspection.
It shall be the duty of the director of the divi-
sion of public health, by himself or through his
duly appointed inspectors, from time to time,
during the life of any license granted hereunder,
to inspect the place of business of the licensee to
ascertain that the same is conducted in a proper,
clean and sanitary manner, and if such inspection
shows that the same is not so conducted, to make
report of the fact to the inspector, who shall im-
mediately transmit the same to the council. The
conduct of his business by any licensee hereunder
in an unclean or unsanitary manner shall be cause
for the revocation of any license issued under this
chapter.
(Code 1956, § 335.�8)
Sec. 407.08. License cancellation.
The conduct of any hotel in a disarderly manner
or permitting any immoral conduct or practice
therein, or the violation of any of the rules or
regulations of the division of public health, de-
partment of fire and safety services or depart-
ment of police, or any of the provisions of this
chapter, shall be suffxcient cause for the refusal of
a license or the cancellation of any license already
issued to the keeper or owner thereo£.
(Code 1956, § 335.10)
§ 408.02
Chapter 408. Recycling Collection
Center/R.ecycling Processing Center*
Sec. 408.01. License required.
No person shall engage in the business of oper-
ating a recycling collection center or a recycling
processing center within the city without a li-
cense. A sepazate license shall be held for each
business premises or auxiliary location within the
city.
(Ord. No. 17787, § 1, 11-15-90; C.F. No. 94-539, §
1, 5-18-94)
Sec. 408.02. Definitions.
For the purposes of this chapter, the following
terms shall have the meaning indicated in this
section:
Mixed municip¢l solid waste shall mean gar-
bage, re£use and other solid waste from residen-
tiai, commercial, industrial and community activ-
ities which is generated and collected in aggregate,
but does not include recyclable materials, auto
hulks, street sweepings, ash, construction debris,
mining waste, sludge, tires, lead acid batteries,
used oil, infectious waste and other materials col-
lected, processed and disposed of as sepazate waste
streams.
Recycl¢ble m¢teri¢Z is reusable material in-
cluding, but not limited to, glass, plastics and syn-
thetic materials, paper products (such as newspa-
pers, stationery, scrap paper, computer paper and
corrugated cardboazd), rubber, batteries, ferrous
and nonferrous metais, concrete, asphalt, wood and
building materials, tree wastes but not including
yazd waste or mixed municipal solid waste.
Recycling collection cerzter is a recycling collec-
tion facility in a building for the acceptance by
donation, redemption or purchase of recyclable ma-
terials. Such a facility may allow limited com-
pacting or crushing of recyclable materials.
*Editor's note—Ord. No. 17787, § 1, adopted \ov. 15, 1990,
repealed Ch. 408, junkyazds and junk dealers, §§ 408.01—
408.06, in its entirety. Prior to this repeal, Ch. 408 was de-
rived from §§ 341.01-341.08 of the city's 1956 Code and from
Ord. No. 16774, adopted Mar. 19, 1981; Ord. No. 16882, adopted
Feb. 11, 1982; and Ord. No. 16977, adopted Nov. 30, 1982.
Supp. No.26 2168.1
ol-�t �
§ 405.02
LEGISLATIVE CODE
Pecyclirzg drop-off station is a facility consisting
of reverse vending machines or unattended
weather-resistant containsrs that aze provided for
the collection of recyclable materials. Any such
recyclable material collected shall be of a size per-
mitting it to be placed compietely inside an en-
closed reverse vending machine, weather-resistant
container or trailer so that said materials aze not
eaposed to the elements. Such a facility may be
established in conjunction with and accessory to
an e�sting commercial or industrial use. The term
"recycling drop-off station" shall not include tem-
porary mobile wllection containers.
Recycling processirzg cerzter is a reeycling fa-
cility that accepts, stores and proceeses recyclable
materials whether or not maintained in connec-
tion with another business. Processing includes,
but is not limited to, bailing, briquetting, crushing,
compacting, grinding, shredding, sawing, shearing
and sorting of recyclable materials and the heat
reduction of such materials.
Y¢rd waste is lawn cuttings, leaves, weeds,
garden wastes and soft bodied plants.
(Ord. No. 17787, § 1, 11-15-90; C.F. No. 94-539, §
2, 5-18-94)
Sec. 408.03. Fees.
The annual license fee for a recycling collection
center and the annual license fee for a recycling
processing center shall be estabiished by ordi-
nance as specified in section 310.09(b).
(Ord. No. 17787, § 1, 11-10-90; C.F. No. 94-539, §
3, 5-18-94)
Sec. 408.04. License requirements.
(a) Applic¢tion. An applicant for an initial li-
cense under this chapter shall submit to the office
of license, inspections and environmental protec-
tion a written applieation signed by himself or
herself if an individual, by all partners if a part-
nership, or by the president or chief executive of-
�icer if a corporation. The application shatl be
signed under oath and shall contain the £ollowing
information:
(1) Name, residence and telephone number of
every person having an interest in the busi-
ness in escess of ten (10) percent owner-
ship.
(2) The trade name and address of the busi-
ness on behalf of which the application is
made and its telephone number.
(3) E�ct address and property description of
the premises in Saint Paul where any part
of the business is to be carried on, together
with a diagram of the premises showing,
with exactness, the location of the abutting
roads, properties, buildings and uses, and
the location, materials and design of all
buildings to be used in the licensed busi-
ness, including structures required here-
under.
(4) Such other information as the inspector may
reasonably require to assist the council.
(b) Investig¢tion. Upon receipt of an initial ap-
plication, the inspector shall forwazd it to the
building inspection and design section, the fire
department and the public health section. Each
office will complete due investigation and will re-
port to the council through the inspector within
forty-five (45) days.
(Ord. No. 17787, § 1, 11-15-90; C.F. No. 94-539, §
4, 5-18-94)
Sec. 408.05. License regulations.
(a) Recycling collection center. Every licensee of
a recycling collection center must comply with the
following conditions:
(1) The required license, name and phone
number of the facility operator, and the
hours of operation must be prominently dis-
played.
(2) The use of power-driven equipment shall
be limited to within a building(s) except for
the once-a-day trans£er of degosited recy-
clable materials in containers from exte-
rior dropoff stations on the premises to
storage locations within the building(s).
(3) All exterior storage of material and goods
for dropoff stations must be in durable, wa-
terproof and rustproof containers or encio-
sures that a:e co�e:ed so that sueh mate-
rials and goods are not exposed to the
elements. All containers or enclosures must
be secured from unauthorized entry or re-
Supp. No. 26 2168.2
o!-q�
LICENSES
moval of goods or material, attractively
painfizd, maintained in good conclition, and
oF a capacity su�cient to accommodate all
such materiaLc. The collection schedule must
also be posted in fuIl view of the public at
all times.
(4) The containers used for recycling dropoff
stations must be clearly mazked to identify
the type of material and goods that may be
deposited and shall display a notice stating
that no material or goods shall be left
outside the recycling containers. There shall
be a sign indicating that cans and bottles
should be rinsed prior to deposit at the
dropoff station or the collection center.
(5) The recycling collection center shall not
operate between 7:00 p.m. and 7:00 a.m. if
the facility is located within five hundred
(500) feet of residentially zoned or residen-
tially used property, measured from the
property line of the recycling collection
center to the property line of the nearest
residentially zoned or residentially used
property.
(6) No fire haZazds shall exist on the premises.
(7) The premises shall be maintained in a
clean and orderly condition free of rats and
other vermin, wastes and standing water.
No oil, grease, petroleum products or other
harmful, hazardous or noxious liquids shall
be allowed to run off the property or absorb
into the ground.
(8) Noise levels shall not exceed the limits set
forth in Chapter 293 oF this Legislative
Code.
(9) Weeds and grass on the premises shall be
maintained in accordance with Chapter 45
of this Legislative Code.
(10)
(11)
No material used in the business shall rest
on or protrude on any public property or be
permitted to be blown off the premises.
No activity required by this chapter to be
licensed shall be conducted any place ex-
cept upon the premises described in a li-
cense, other than necessary transport of
materials to or from licensed premises.
§ 408.05
(b) Recycling processing center. Every licensee
of a recycling processing center shall comply with
the following conditions (NOTE: a recycling pro-
cessing center that collects recyclable materials
shall be subject only to the following conditions
and not those stated above £or a recycling collec-
tion center):
(1) The required license, name and phone num-
ber of the facility operator, and the hours of
operation must be prominently displayed.
(2) All eaterior storage and processing areas
must comply with the requirements for
containers and screening set forth in sec-
tion 60.612(18) and section 60.613(3)(a) if
in an I-1 zoning district or section 60.624(1)
if in an I-2 zoning district.
(3) There shall be no open burning of any
material and no fire hazazds shall exist on
the premises. The use of cutting torches,
furnaces and other equipment which pro-
duce a flame shall not be construed to
constitute open burning,
(4) The premises shall be maintained in a
clean and orderly condition &ee of rats and
other vermin and free of standing water.
No oil, grease, petroleum products or other
harmful, hazazdous or nosious liquid shall
be allowed to run off the property or absorb
into the ground.
(5) Noise levels shall not exceed the limits set
forth in Chapter 293 of this Legislative
Code.
(6) Weeds and grass on the premises shall be
maintained in accordance with Chapter 45
of this Legisiative Code.
(7) No material used in the business shall rest
on or protrude on any public property or be
permitted to be blown off the premises.
(8) No activity required by this chapter to be
licensed shall be conducted any place ex-
cept upon the premises described in a li-
cense, other than necessary transport of
materiais to or from licensed premises.
(Ord. No. 17787, § 1, 11-15-90; C.F. No. 94-539, §
5, 5-18-94)
Supp. No. 34 2169
�l
§ 405.06
LEGISLATIVE CODE
Sec. 408.06. Record keeping.
(a) Tr¢ns¢ctions for which records required to
be maintained. Licensees shall maintain records
on the premises for at least one (1) year for the
following transactions:
(1) Purchoses from minors. Purchases of all
materials, eacluding beverage containers
and paper products, from persons under
age of eighteen (18). In addition, each lic-
ensee shall obtain written consent of a
pazent or guazdian of the minor before
purchasing any materials for which records
of purchases aze required. The written con-
sents shall also be maintained by the lic-
ensee for one (1) yeaz.
(2) Purch¢ses over two hundred doll¢rs
($200.00J. Purchases of all materials, ex-
cluding beverage containers and paper prod-
ucts, for an amount of two hundred dollazs
($200.00) or more from any person.
(b) Inform¢tion recorded. Records for materiais
purchased shail be made at the time of the
purchase and shall provide an accurate account or
description ofthe materials purchased. Each record
shall be cleariy and legibly written in the English
language and shall include the amount paid, the
date and time of the receipt, the seller's identifi-
cation including the seller's name and address.
Records shall be open to inspection at all reason-
able times by the inspector or designee or any
member of the police department.
(c) Restrictiorz on selling or removinggoods ¢nd
materi¢Zs purchased. If probable cause eusts that
specific goods or materiats are stolen contraband
or have been used in the commission of a crime
and a representative of the police department
notifies the licensee of such, the licensee shall not
sell or permit to be sold, remove or permit to be
removed, such goods and materials until such
time as may be determined by the chief of police
or his or her representative, provided that such
time shall in no case exceed the period of ninety
(90) days from the time of notification.
(Ord. No. 17787, § 1, 11-15-90; C.F. No. 94-539, §
6, 5-18-94)
Sec. 408.07. License not transferable.
Licenses issued hereunder shall not be trans-
ferable.
(Ord. No. 17787, § 1, 11-15-90; C.F. No. 94-539, §
7, 5-18-94)
Sec. 408.08. Renewal; transition provisions.
(a) Renewal. Any person to whom an initial
license has been issued may obtain the annual
renewal of the license by filing with the inspector
an application which specifies any changes in the
in£ormation submitted with the initial application
and the annuai license fee. The inspector shall
process the application in the manner specified in
section 408.04 and the council shall consider the
application in the manner specified in section
310.04.
(b) �ansition prouisions. Applications for re-
newal by persons holding a_license under the
provisions of Chapters 408 or 420, as of the
effective date of this ordinance [Ordinance No.
17787, as amended by C.F. No. 94-539], with
respect only to eicisting premises, shall be treated
as a renewal rather than an initial license; pro-
vided, that the persons agree to abide by the
terms of this chapter within ninety (90) days from
the expiration of the original license.
(c) Adaerse ¢ction. The council may take ad-
verse action on any lieense in accordance with the
procedures set forth in Chapter 310.
(Ord. No. 17787, § 1, 11-15-90; C.F. No. 94-539, §
8, 5-18-94)
Chapter 409. Intofficating Liquor*
Sec. 409.01. License required; catering ap-
proval.
(a) No person shall sell intoxicating liquor for
consumption at any time or place in Saint Paul
without a license.
(b) No person holding a catering permit issued
by the State of Minnesota who does not have an
appropriate on-sale liquor license issued by the
City of Saint Paul shall sell intoxicating liquor at
any time or place in Saint Paul without first
obtaining the required temporary liquor license
as prescribed in this chapter. In addition, the
holder of a state catering permit who wishes to
obtain a temporary liquor license in the City of
*Cross references--For general provisions pertaining to
liquor and beer, see 15t1e XXIV; noaintoxicating malt liquor,
Ch. 410; nse of beer and into�cating liquor in drive-in motion
picture theatres prohibited, § 416.06(b).
Supp. No. 34 217�
o t-q�
§ 310.04
LEGISLATIVE CODE
forth in section 310.05. If the director is
recommending issuance of the license, but
the affected neighborhood organization(s)
or other interested persons give notice
within thirty (30) days of receipt of notice
of the existence of the application (or
within forty-five (45) days if the applica-
tion involves a liquor License) of objection
to issuance of the license, the matter shall
be referred for a hearing before the legis-
lative hearing officer, who shall give no-
tice of the time, place and date of the
hearing to the affected neighborhood or-
ganization(s) and the applicant. The leg-
islative hearing officer shall take testi-
mony from all interested persons and shall
make a recommendation to the council as
to whether the matter should be referred
for a hearing before an independent hear-
ing exazniner in accordance with the pro-
cedures set forth in section 310.05. Where
the application for the grant, issuance or
renewal of a Class N license meets all the
requuements of law, and where there
exists no ground for adverse action, the
director shall issue such lieense in accor-
dance with law.
(2) Renew¢Z. The director shall in writing
notify the counciI, and the affected neigh-
borhood organization(s) established for cit-
izen participation purposes, at least svcty
(60) days before the expiration date of all
Class N licenses. A public hearing on the
renewal of any such license shall not be
held except on the request of a
councilmember, which request shall be
incorporated in the form of a council res-
olution. Upon the passage of such resolu-
tion, the director shall give cvritten notice
of such hearing to the affected neighbor-
hood organizations. Such public hearing
does not replace or amend any of the
procedures set forth in section 310.05 of
the Legislative Code. If no request for a
public hearing is made before the expira-
tion of any such license, and where there
exists no ground for adverse action, the
director shall issue the license in accor-
dance with law.
(e) Appeal; Class R or Class T licenses. An
appeal to the city council may be taken by any
person aggrieved by the grant, issuanee or re-
newal of a Class R or Class T license; provided,
however, that the appeal shall have been filed
with the city clerk within thirty (30) days after
the action by the director. The only grounds for
appeal shall be that there has been an error of law
in the grant, issuance or renewal of the license.
The appeal shall be in writing and shall set forth
in particulaz the alleged errors of law. The council
shall conduct a hearing on the appeai within
thirty (30) days of the date of filing and shall
notify the licensee and the appellant at least ten
(10) days prior to the hearing date. The proce-
dures set forth in seetion 310.05, insofar as is
practicable, shall apply to this hearing. Following
the hearing, the council may affirm or remand the
matter to the inspector or director, or may reverse
or place conditions upon the license based on the
council's deterniination that the decision was based
on an error of law. The filing of an appeal shall not
stay the issuance of the license.
(� No w¢iver by renew¢Z. The renewal of any
license, whether Class R, T or N, shall not be
deemed to be a waiver of any past violations or of
any grounds for imposition of adverse action
against such license.
(Code 1956, § 510.04„Ord. No. 17455, § 1, 5-21-87;
Ord. No. 17551, § 1, 4-19-88; C.F. No. 94-500, § 1,
7-6-94; C.F. No. 95-473, § 3, 5-31-95; C.F. No.
95-1517, 1-31-96; C.F. No. 97-1446, § 1, 12-30-97;
C.F. No. 99-500, § 2, 7-7-99)
Sec. 310.05. Hearing procedures.
(a) Adverse ¢ction; notice ¢nd hearing require-
ments. In any case where the council may or
intends to consider any adverse action, including
the revocation or suspension of a license, the
imposition of conditions upon a license, or the
en' �' �application for the grant, issuance or
renewal of a license, or the disapproval of a
license issued by the State of Minnesota, the
applicant or licensee shall be given notice and an
opportunity to be heard as provided herein. The
council may consider such adverse actions when
recommended by the inspector, by the director, by
Supp. No. 41 2034
o!-qe
LICENSES
the director of any egecutive department estab-
lished pursuant to Chapter 9 of the Charter, by
the city attorney or on its own initiative.
(b) Notice. In each such case where adverse
action is or will be considered by the council, the
applicant or licensee shall have been notified in
writing that adverse action may be taken against
the license or application, and that he or she is
entitled to a heazing before action is taken by the
councff. The notice shall be served or maiied a
reasonable tune beFore the hearing date, and
shall state the place, date and time of the hearing_
The notice shall state the issues involved or
grounds upon which the adverse action may be
sought or based. The council may request that
such writtea notice be prepared and served or
mailed by the inspector or 6y the city attorney.
(c) Hearing. Where there is no dispute as to
the facts underlying the violation or as to the facts
establishing mitigating or aggravating circum-
stances, the hearing shatl be held before the
council. Otherwise the hearing shall be conducted
before a hearing examiner appointed by the coun-
cil or retained by contract with the city for that
purpase. The applicant or the licensee shall be
provided an opportnnity to present evidence and
argument as well as meet adverse testimony or
evidence by reasonable cross and
rebuttal evidence. The hearing examiner may in
its discretion permit other interested persons the
opportunity to present testimony or evidence or
otherwise participate in such hearing.
(c-1) Procedure; h¢¢ring examiner. The hear-
ing examiner shall heaz all evidence as may be
presented on behalf of the city and the appiicant
or licensee, and shali present to the council writ-
ten findings of fact and conclusions of law, to-
gether with a recommendation for adverse action.
The council shall consider the evidence con-
tained in the record, the hearing examiner's rec-
ommended findings of fact and conclusions, and
shall not consider any factual testimony not pre-
viously submitted to and considered by the hear
ing examiner. After receipt of the hearing
examiner's findings, conclusions, and recommen-
dations, the council shall provide the applicant or
licensee an opportunity to present oral or written
az'guments alleging error on the part of the exam-
§ 310.05
iner in the application of the law or interpretation
of the facts, and to present azgument related to
the recommended adverse action. Upon conclu-
sion of that hearing, and after considering the
record, the examiner's findings and recommenda-
tions, together with such additional arguments
presented at the hearing, the council sha11 deter
mine what, if any, adverse action shalt be taken,
whieh action shall be by resolution. The council
may accept, reject or modify the findings, conclu-
sions and recommendations of the hearing exam-
iner.
(c-2) Ex parte contacts. If a license matter has
been scheduled for an adverse hearing, council
members shall not discuss the license matter with
each other or with any of the parties or interested
persons involved in the matter unless such dis-
cussion occurs on the record during the hearings
of the matter or during the council's fmal deliber-
ations of the matter. No interested person shall,
with knowledge that a license matter has been
scheduled for adverse hearing, convey or attempt
to convey, orally or in writing, any information,
az'gnment or opinion about the matter, or any
issue in the matter, to a council member or his or
her staff until the council has taken finai action
on the matter; provided, however, that nothing
herein shall prevent an inquiry or communica-
tions regarding status, scheduling or procedures
concerning a license matter. An interested person,
for the purpose of this pazagraph, shall mean and
inc3ude a person who is an officer or employee of
the licensee which is the subject of the scheduied
adverse hearing, or a person who has a financial
interest in such licensee.
(d) Licensee or ¢pplicarzt m¢y be represented.
The licensee or applicant may represent himself
or choose to be represented by another.
(e) Record,� evidence. The hearing exazniner
shall receive and keep a record of such proceed-
ings, including testimony and e�ibits, and shall
receive and give weight to evidence, including
hearsay evidence, which possesses probative value
commonly accepted by reasonable and prudent
persons in the conduct of their affairs.
(fl Counczl action, resolution to cont¢in fznd-
ings. Where the council takes adverse action with
respect to a license, licensee or applicant for a
Supp. No. 41
2035
§ 310.05
LEGISLATIVE CODE
license, the resolution by which such action is
taken shall contain its findings and determina-
tion, including the imposition of conditions, if any.
The council may adopt all or part of the findings,
conclusions and recommendations of the hearing
examiner, and incorporate the same in its resolu-
tion taking the adverse action.
(g) Additional prceedures where required. Where
the provisions of any statute or ordinance require
additional notice or hearing procedures, such pro-
visions shall be complied with and shall super-
sede inconsistent provisions of these chapters.
This shall include, without limitation by reason of
this specific reference, Minnesota Statutes, Chap-
ter 364 and Minnesota Statutes, Section 340A.415.
(h) Discretion to he¢r notwitlzstanding witlz-
dr¢w¢l or surrender of ¢pplic¢tion or license. The
council may, at its discretion, conduct a hearing or
direct that a hearing be held regarding revocation
or denial of a license, notwithstanding that the
applicant or licensee has attempted or purported
to withdraw or surrender said license or appiica-
tion, if the attempted withdrawal or surrender
took place after the applicant or licensee had been
notified of the hearing and potential adverse
action.
(i) Continu¢nces. Where a hearing for the pur-
pose of considering revocation or suspension of a
license or other disciplinary action involving a
license has been scheduled before the council, a
continuation of the hearing may be granted by the
council president or by the council at the request
of the licensee, license applicant, an interested
person or an attorney representing the foregoing,
upon a showing of good cause by the party making
the request.
(j) If the council imposes an adverse action as
defined in section 310.01 above, a generic notice of
such action shall be prepared by the license
inspector and posted by the licensee so as to be
visible to the public during the effective period of
the adverse action. The licensee shall be respon-
sible for taking reasonable steps to make sure the
notice remains posted on the front door of the
licensed premises, and failure to take such rea-
sonable precautions may be grounds for further
adverse action.
(k) Imposition of costs. The council may im-
pose upon any licensee or license applicant some
or all of the costs of a contested hearing before an
independent hearing egaminez The costs of a
contested hearing include, but are not limited to,
the cost of the administrative law judge or inde-
pendent hearing egaminer, stenographic and re-
cording costs, copying costs, city staff and attor-
ney time for which adequate records have been
kept, rental ofrooms and equipment necessary for
the hearing, and the cost of expert witnesses. The
council may impose all or part of such costs in any
given case if (i) the position, claim or defense of
the licensee or applicant was frivolous, arbitrary
or capricious, made in bad faith, or made for the
purpose of delay or harassment; (ii) the nature of
the violation was serious, or involved violence or
the threat of violence by the licensee or employees
thereof, or involved the sale of drugs by the
licensee oz employees thereof, and/or the circum-
stances under which the violation occurred were
aggravated and serious; (iii) the violation created
a serious danger to the public health, safety or
welfare; (iv) the violation involved unreasonable
risk of harm to vulnerable persons, or to persons
for whose safety the licensee or applicant is or
was responsible; (v) the applicant or licensee was
sufficiently in control of the situation and there-
fore could have reasonably avoided the violation,
such as but not limited to, the nonpayment of a
required fee or the failure to renew required
insurance policies;(vi)the violation is covered by
the matrix in section 409.26 of the Legislative
Code; or (vii) the violation involved the sale of
cigazettes to a minor.
(1) Imposition of fines. The council may impose
a fine upon any licensee or license applicant as an
adverse license action. A fine may be in such
amount as the council deems reasonable and
appropriate, having in mind the regulatory and
enforcement purposes embodied in the particular
licensing ordinance. A fine may be in addition to
or in lieu of other adverse action in the sole
discretion of the council. To the extent any other
provision of the Legislative Code provides for the
imposition of a fine, both provisions shall be read
Supp. No. 41 2036
01-q�
o �-q
LICENSES
together to the extent possible; provided, how-
ever, that in the case of any conft�� or inconsis-
tency, the other provision shall be controlling.
(Code 195fi, § 510.05; Ord. No. 17551, § 2, 4-19-88;
Ord. No. 17559, §§ 1, 2, 5-17-Sg; prd. No. 17659,
§ 1, 6-13-89; Ord. No. I7911, § 1, 3-10-92; C.F. No.
94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94;
C.F. No. 941340, § 2, 10-19-94; C.F. No. 95-473, §
4, 5-31-95)
Sec. 320.06. Revocation; suspension; adverse
actions; imposition of condi-
tions.
(a) Council m¢y t¢ke ¢dverse ¢ction. The coun-
cil is authorized to take adverse action, as defined
in section 310.01 above, against any or all licenses
or permits, licensee or applicant for a license, as
provided in and by these chapters. Adverse ac-
tions against entertainment licenses issued under
Chapter 411 of the Legislative Code may be
initiated for the reasons set forth in subsection (b)
below, or upon any lawful grounds which aze
communicated to the license holder in writing
prior to the hearing before the counci2. Such
actions shall be initiated and carried out in accor-
dance with the procedures outlined in section
310.05; provided, however, that the formal notice
of hearing sha11 be used to initiate the adverse
action without the use of prior procedural steps.
(b) B¢sis for ¢ction. Such adverse action may
be based on one (1) or more of the following
reasons, which aze in addition to any other reason
specifically providecTby law or in these chapters:
(1) The license or permit was procured by
misrepresentation ofmaterialfacts,fraud,
deceit or bad faith.
(2) The applicant or one acting in his or her
behalf made orai or written misstate-
ments or misrepresentations of material
facts in or accompanying the application.
(3) The license was issued in violation of any
of the provisions of the Zoning Code, or
the premises which aze licensed or which
are to be licensed do not comply with
appTicable health, housing, fire, zoning
and building codes and regulations.
§ 310.06
(4) The license or pernut was issued in viola-
tion of law, without authority, or under a
material mistake of fact.
(5) The licensee or applicant has failed to
comply with any condition set forth in the
license, or set forth in the resolution grant-
ing or renewing the license.
(6) a.
�
(7)
(8)
(9)
The licensee or applicant (or any
person whose conduct may by law be
imputed to the licensee or applicant)
has violated, or performed any act
which is a violation of, any of the
provisions of these chapters or of any
statute, ordinance or regulation rea-
sonably related to the licensed activ-
ity, regardless of whether criminal
charges have or have not been
brought in connection therewith;
The licensee or applicant has heen
convicted of a crime that may dis-
qualify said applicant from hoiding
the license in question under the
standards and procedures in Minne-
sota Statutes Chapter 364; or
�� The licensee or applicant (or any
person whose conduct may by law be
iuiputed to the licensee or applicant)
has engaged in or permitted a pat-
tern or practice of conduct of failure
to comply with laws reasonabiy re-
lated to the licensed activity or from
which an inference of lack of fitness
or good character may be drawn.
The activities of the licensee in the li-
censed activity created or have created a
serious danger to the public health, safety
or welfaze, or the licensee performs or has
performed his or her work or activity in
an unsafe manner.
The licensed business, or the way in which
such business is operated, maintains or
permits conditions that unreasonably an-
noy, injure or endanger the safety, health,
morals, comfort or repose of any consider-
able number of inembers of the public.
Failure to keep sidewalks or pedestrian
ways reasonably free of snow and ice as
required under Chapter 114 of the Saint
Paul Legislative Code.
Supp. No. 41 2037
Dl-9'�
§ 330.06
LEGLSLATIVE CODE
(10) The licensee or applicant has shocvn by
past misconduct or unfair acts or deal-
ings: physical abuse, assaults or violent
actions done to others, including, but not
limited to, actions meeting the definition
of criminal seaual conduct pursuant to
Minnesota Statutes Sections 609.342
through 609.3451; sexual abuse, physical
abuse or maltreatment of a child as de-
fined in Minnesota Statutes Section
626.556, subdivisions 2 and 10e, includ-
ing, but not limited to, acts which consti-
tute a violation of Minnesota Statutes
Sections 609.02, subdivision 10; 609.321
through 609.3451; or 617246; neglect or
endangerment of a child as defined in
Minnesota Statutes Section 626.557,sub-
division 2; the manufacture, distribution,
sale, gift, delivery, transportation, ex-
change or barter of a controlled substance
as defined in Minnesota Statutes Chapter
152; the possession of a controlled suh-
stance as defined in Minnesota Statutes
Chapter 152 in such quantities or under
circumstances giving rise to a reasonable
inference that the possession was for the
purpose of sale or distribution to others;
or by the abuse of alcohol or other drugs,
that such licensee or applicant is not a
person of the good moral character or
fitness required to engage in a licensed
activity, business or profession.
(il) The licensee or applicant has materially
changed or permitted a material change
in the design, construction or configura-
tion of the licensed premises without the
�, prior approvai of the city council in the
case of Class N licenses, the director in
the case of Class T licenses, and the
inspector in the case of Class R licenses,
or without first having obtained the proper
building permits from the city.
(12) The licensee or applicant has violated
section 294.01 of the Legislative Code, or
has made or attempted to make a prohib-
ited ex parte contact with a council mem-
ber as provided in section 310.05(c-2) of
the Legislative Code.
The terms "licensee" or "applicant" for the pur-
pose of this section shall mean and include anv
person who has any interest, whether as a holder
of more than five (5) percent of the stock of a
corporation, as a partner, or othercvise, in the
premises or in the business or activity which are
licensed or proposed to be licensed.
wth respect to any license for activities entitled
to the protection of the First Amendment, notcvith-
standing the foregoing provisions, neither the
lack of good moral character or fitness of the
licensee or applicant nor the content of the pro-
tected speech or matter shall be the basis for
adverse action against the license or application.
(c) Imposition of re¢son¢ble conditions and /or
restrictions. When a reasonable basis is found to
impose reasonable conditions and/or restrictions
upon a license issued or heid under these chap-
ters, any one (1) or more such reasonable condi-
tions and/or restrictions may be imposed upon
such license for the purpose of promoting public
health, safety and welfare, of advancing the pub-
lic peace and the elimination of conditions or
actions that constitute a nuisance or a detriment
to the peaceful enjoyment of urban life, or promot-
ing security and safety in neazby neighborhoods.
Such reasonable conditions and/or restrictions
may include or pertain to, but aze not limited to:
(1) A limitation on the hours of operation of
the licensed business or establishment, or
on particular types of activities conducted
in or on said business or establishment;
(2) A limitation or restriction as to the loca-
tion within the licensed business or estab-
lishment where particulaz type of activi-
ties may be conducted;
(3) A limitation as to the means of ingress or
egress from the licensed establishment or
its parking lot or immediately adjacent
area;
(4) A requirement to provide off-street park-
ing in excess of other requirements of law;
(5) A limitation on the manner and means of
advertising the operation or merchandise
of the licensed establishment;
(6) Any other reasonable condition or restric-
tion limiting the operation of the licensed
business or establishment to ensure that
Supp. No. 41 2038
���ql
LICENSES
the business or establishment will harma
nize with the chazacter of the azea in
which it is located, or to prevent the
development or continuation of a nui-
sance.
The inspector may impose such conditions on
Class R licenses with the consent of the license
holder, or may recommend the imposition of such
conditions as an adverse action against the li-
cense or licenses; the inspector has the same
power with respect to Class T licenses. The coun-
cil may impose such conditions on Class N li-
censes with the consent of the license holder, or
upon any class of license as an adverse action
against the license or licenses following notice
and hearing as may be required. Such conditions
may be imposed on a license or licenses upon
issuance or renewal thereof, or upon and as part
o£any adverse action against a license or licenses,
including suspension. Conditions imposed on a
license or licenses shall remain on such licenses
when renewed and shall continue thereafter until
removed by the councii in the case of conditions
on Class N licenses or conditions imposed by
adverse action, and by the inspector in the case of
Class R and T licenses.
(d) St¢nd¢rds for multiple license determina-
tion. In any case in which the council is autho-
rized to take adverse action against less than all
of the licenses held by a licensee; or applied for by
an applicant, the following standards may be
used:
(1) The nature and gravity of the grounds
found by the council to exist upon which
the adverse action would be based;
(2) The policy and/or regulatory goals for the
particular &censes involved, either as em-
bodied in the Legislative Code or as found
and determined by the council;
(3) The interrelationship of the licenses and
their relative importance to the overall
business enterprise of the licensee or ap-
plicant;
(4) The management practices of the licensee
or applicant with respect to each of such
licenses;
§ 310.07
(5) The eatent to which adverse action against
less than all of the licenses or applications
would result in difficulty in enforcing and
monitoring the adverse action taken;
(6) The hazdship to the licensee or applicant
that would be caused by applying adverse
action to all licenses or applications; and
(7) The hardship and/or danger to the public,
or to the public health and welfaze, that
would result from adverse action against
less than all of the licenses or applica-
tions.
(Code 1956, § 510.06; Ord. No. 17584, § 1, 8-25-88;
Ord. No. 17657, § 15, 6-8-89; Ord. No. 17659, § 2,
6-13-89; Ord. No. 17901, §§ 2, 3, 1-14-92; Ord. No.
17917, §§ 2, 3, 3-31-92; Ord. No. 17922, § 1,
4-28-92; C.F. No. 94-500, § 3, 7-6-94; C.F. No.
94-1340, § 3, 10-19-94; C.F. No. 95-473, § 5,
5-31-95; C.F. No. 99-500, § 3, 7-7-99)
Sec. 310.07. Termination of licenses; surety
bonds;insurance contracts.
(a) Autom¢tic termin¢tion, reinst¢tement; re-
sponsibility of Iicensee. All licenses or permits
which must, by the provisions of these chapters or
other ordinances or laws, be accompanied by the
filing and maintenance of insurance policies, de-
posits, guarantees, bonds or certifications shall
automaticaliy terminate on cancellation or with-
drawal of said policies, deposits, bonds or certifi-
cations. No licensee may continue to operate or
perForm the licensed activity after such termina-
tion. The licensee is liable and responsi6le for the
filing and maintenance of such policies, deposits,
guazantees, bonds or certifications as are re-
quired in these chapters, and shall not be entitled
to assert the acts or omissions of agents, brokers,
employees, attorneys or any other persons as a
defense or justification for failure to comply with
such filing and maintenance requirements. In the
event the licensee reinstates and files such poli-
cies, deposits, bonds or certifications �vithin thirty
(30) days, the license is automatically reinstated
on the same terms and conditions, and for the
same period as originally issued. After thirty (30)
days, the applicant must reapply for a renewal of
his license as though it were an original applica-
tion.
Supp. No. 41 2038.1
�
ol-gl
District Five Planning Council:
Opposition to Granting Class N
License to GB Core Inc.
Prepared by:
Bruce Sylvester of District 5 Planning Council and
Lawrence (Troy) Trooien of Railroad Island Implementation Task Force
for presentation before the Administrative Law Judge on October 12, 2000
Table of Contents
di-ql
1.Olntroduction----------------------------------- 1
2.0 Exampies, Arguments and Citations of City Code - - - - - - - - - - - - - - - - 1
2.1 Pattern of Failure to Compiy with Laws - - - - - - - - - - - - - - - - - - 1
2.1.1 Ignoring Instructions from LIEP to Discontinue Operations ---- 1
2.1.2 Operating for Ten Years Wiffiout a Business License ------ 2
2.1.3 Ten Years Without a Hazardous Waste Generator License --- 3
2.1.4 Village of Howard versus Glen Berhow - - - - - - - - - - - - - 3
2.1.5 BuildingWithoutaPermit - - - - - - - - - - - - - - - - - - - - 4
22 BuildingWithoutaPermit - - - - - - - - - - - - - - - - - - - - - - - - 5
2.3 Careless and i(lega( Handfing of Hazardous Wastes - - - - - - - - - - - 6
2.3.1 Failure to Comply with License Condition - - - - - - - - - - - - 6
2.3.2 Danger to the Public Health, Safety or Weifare --------- 6
2.3.3 Examples----------------------------6
2.3.4.1 "Oii-Dri" and Fluorescent Lamps in the Dumpster ---- 6
2.3.5.2 NumerousOilSpilfs- - - - - - - - - - - - - - - - - - - 7
2.3.6.3 Irresponsibie Storage of Oil Drums - - - - - - - - - - - 7
2.3.7.4 Oil Spilis at Pierce-Butler Route Location -------- 7
2,4 Pattern of Bad Faith and Dishonesty - - - - - - - - - - - - - - - - - - - 8
2.4.1 Misrepresented Need for Buiiding Permit - - - - - - - - - - - - 8
2.4.2 Berhow Offers Fictitious Figures During the Legislafive Hearing - 8
2.4.3 Unwiliing To Address Issues - - - - - - - - - - - - - - - - - -10
2.4.4 Only Applies for Licenses When He Is Forced to Do So -----10
2.4.5 Mid Northern Electric vs. GB Core - - - - - - - - - - - - - - - -10
2.4.6 Various Other Small Claims - - - - - - - - - - - - - - - - - - -11
3 . 0 C o n c I u s i o n s - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 7 2
Conventions followed in this document.
Three text styies are used in this document. They signify the following:
• this text is the body of the narrative
• times new roman is used to signify that the text is a direct citation from the City Code or
another legai document (bold text added for emphasis, ... si�nifies some part of text was
left out)
•(Text that appears in italics and within parenthesis are references to documenfs in
the `600k of evidence" that accompanies this documenf. Section numbers refer to
the tabs in thaf book.)
District Five Planning Council: Opposition to Granting Class N License to GB Core Inc. /
of�9
1.0 Introduction
We oppose the granting of a Class N license for the operation of a recycling collection
center to Glen E. Berhow dba GB Core Inc. for the foliowing reasons, all of which we
believe are grounds for denial under Section 310.06 of the City Code:
GB Core has demonstrated a pattern of non-compliance with the regulations that
concern his business. He has operated in St. Paul for approximately 10 years
without a business license, and without a Hazardous Waste Generator License.
He has also defied the regulatory process in the Viliage of Howard (Wisconsin),
where his business is based.
• GB Core has shown a pattern of careless and illegal handling of hazardous waste.
• GB Core has carried out several building projects without a building permit.
• Glen Berhow has demonstrated a pattern of dishonesty and bad faith.
2.0 Examples, Arguments and Citations of City Code
2.1 Pattern of Failure to Comply with Laws
Under Section 310.06 (b) (6) c., where the City Code is listing acceptabie reasons for
"adverse actions", which we understand to include denial of a license, is this statement:
(b) (6) c. The licensee or applicant (or any person whose conduct may by law be imputed to
the licensee or applicant) has engaged in or permitted a pattern or practice of conduct of
failure to comply with laws reasonably related to the licensed activity or from which an
inference of lack of fitness or good character may be drawn.
We have several examples of actions taken by Mr. Berhow and his employees at 500
Bush Ave. and other locations to which we believe this part of the law could be appiied:
2.1.1 Ignoring Instructions from LIEP to Discontinue Operations
Mr. Berhow's first contacts with the regulatory agencies of the City of St. Paul, relating to
500 Bush Ave., occurred in December of 1999. That contact was initiated by complaints
to the City, not by GB Core Inc. The substance of the contact was:
• a face-to-face conversation between Lawrence Zangs (of LIEP) and GB Core Inc.
foreman Fred Gonzalez, at 500 Bush, (November 30, 1999) 5�� Ser t: o.. 3
• a telephone conversation between Zangs and Glen Berhow (December 2, 1999) _
Se� �cc}�o;., '�
• two letters from Zangs to Berhow (December 2 and 10, 1999), and
��� sec-�; � �S
• one letter from Berhow to Zangs. (December 3, 1999) 5�� 5�c�-i o;; �
District Five Planning Council: Opposition to Graniing Class N License to GB Core Inc. D � r � /
As a result of these contacts, Berhow agreed to appiy for a business license. Mr. Zangs
made it quite clear in both of his letters that GB Core Inc. was not to start business oper-
ations at 500 Bush until the required license issues had been resoived.
Because today's (October 12, 2000) hearing is part of the licensing approval process, it
is obvious that as of this date GB Core Inc. does not have the required business license.
In spite of the fact that they have no license, and contrary to Zangs' instructions, GB
Core Inc. is operating at 500 Bush. That GB Core Inc. is indeed operating is known for
two reasons:
• Berhow stated so at the August 17, 2000 Legisiative Hearing. (See Section 1,
page 2, paragraph 6, and Section 1, page 3, paragraph 6.)
• Photographs, ail taken during the summer of 2000, show the business of engine
recycling collection taking place. (See Section 4.)
Therefore, we contend that Berhow's refusal to follow Zangs' very clear instructions is a
failure to comply with the laws relating to the business for which a license is being
sought. His refusal to comply with the law is grounds for denial.
2.1.2 Operating for Ten Years Without a Business License
GB Core has been operating for approximately 10 years in the City of St. Paui and at no
time during that period did it have the required business license. Failure to get the
required license is, in our reading of the City Code, a"failure to comply with laws reason-
abiy related to the licensed activity". To do so for ten consecutive years is a pattern.
We know that GB Core has been operating in St. Paul since 1990 because
Mr.Berhow toid us so at the Legislative Hearing of August 17, 2000. (See Section
1, page 2, paragraph 5.)
• We know that he has no license for two reasons:
- He first applied for a license on January 3, 2000. (See Section 5.)� � � 9 e3 �
- In a phone conversation with Christine Schweinler of LIEP we were told that
no business license has been issued to GB Core Inc. at 500 Bush Ave or at
either of the two earlier locations from which it operated.
- GB Core Inc. operated at 193 East Pennsylvania Ave. from 1990 to1996.
(We found this address on a core supplier's web page. See Section 6.)
- GB Core Inc. operated at 893 Pierce-Butier Route from 1996 to 1999.
(Berhow revealed his connection to this address at the 7-17-2000 Legisla-
tive Hearing. See Section 1, page 2, paragraph 5.)
District Five Planning Councii: Opposition to Granting Class N License to GB Core Inc.
at�ql
2.1.3 Operating for 10 Years Without a Hazardous Waste Generator License
GB Core has been operating for approximately 10 years in the City of St. Paul and at no
time during that period did it have the required Hazardous Waste Generator License.
Failure to get the required permit is, in our reading of the City Code, a"failure to comply
with iaws reasonably reiated to tfie (icensed activity". To do so for ten consecutive years
is a pattern.
We know that GB Core has been operating in St. Paul since 1990 because
Mr.Berhow told us so at the Legislative Hearing of Rugust 17, 2000. (See Section
1, page 2, paragraph 5.)
We know that he has no license because he first appiied for a license on i 5 Sep-
tember 2000. (See Section 7.)
• We also know that he has not had a license before because he has no EPA oper-
ating number, as of October 6, 2000. (See Section 7.) �, z�
2.1.4 Village of Noward versus Glen Berhow
On May 20, 1999 the Village of Howard, Wisconsin, filed a compiaint against Gien Ber-
how and G8 Core Inc. at the Circuit Court of Brown County Wisconsin. (See Section 2.)
Here are some excerpts from that complaint:
7. That on or about December 2I, 1998 the defendant Glen Berhow made an application for
conditional use approval to allow a salvage yard to be ]ocated at 2014 Glendale Avenue, Village
of Aoward, Wisconsin...
8. Following a public hearing by the Village of Howard Plan Commission on January 18, 1999
the Plan Commission made Findings and Recommendation for denial of this request...
9. On January 25, 1999 the Village Board of the Viliage of Howard denied the conditional use...
10. Soon thereafter, in spite of the denial of a conditional use permit, the defendant transported or
had transported to its premises approximateIy ten (10) trucks which were dismantled and scrap
materials therefrom includin� but not limited to metals and vehicle parts were stored in an
unenclosed area. In addition, the defendanYs conducted an outside smelting operation on the
premises for processing metals and other salvage materials from the motor vehicles and said
operation constitutes a junk or salvage yard within the meaning of Section 17.02(84) of the
Zoning Code for the Village of Howard.
26. That after repeated demands by Village Officials and State Officials the defendants
have failed and refused to obtain necessary plan approvals, permits and complete the
necessary work to comply with the State Laws and the Village of Howard Buiiding Code.
27. That the defendant's alteration and continued use and operation of Yhe building at 2014
Glendale Avenue while the building fails to meet and comply with Orders from the State of
Wisconsin Department of Commerce and the Village of Howard Building Code without an
Discrict Five P7anning Courtcil: Opposition to Granting Ciass N License to GB Core Ina O!� /
L
occupancy certifcate for the baildin� constitutes an untawful buildin�, structures and uses
pursuant to Section 14.07 of the Building Code and further represents a continuous and
ongoing violation of the Village of Howard Building Code.
WHEREFORE, the Plaintiff, ViIlage of Howazd, requests judgment a�ainst the defendants.....
(See Section 2 for the fufl copy of the compfaint.)
We feel that the behaviors and actions attributed to Mr. Berhow in this compiaint further
establish the pattern of "failure to comply with laws reasonabiy related to the licensed
activity." This case also demonstrates a disturbing contempt for the legal processes and
ought to be seen as an indicator of the problems and expenses that are likely to accrue
to the City of St. Paul if Glen Berhow is allowed to operate in our community.
2.1.5 Building Without a Permit
The law requires that building permits be acquired for construction. Failure to get the
required buifding permits is a vio(ation of the law. (n Section 2.2, which follows immedi-
ately, we describe several examples of construction at 500 Bush Ave. that were carried
out without a building permit. For the moment we contend simply that construction with-
out a permit is unlawful, that GB Core Inc. undertook at least 5 construction projects with-
out a permit, and that this behavior is a further exampie of Mr. Berhow's pattern of failure
to comply with the law.
Conclusion
The five examples above, 2.1.1 through 2.1.5, demonstrate that ihe City Council is justi-
fied in denying a license to GB Core Inc. under Section 310.06 (b) (6) c. of the City Code.
District Five Planning Council: Opposition to Granting Class N License to GB Core Inc. O/_� /
6
2.2 Building Without a Permit
We are aware of several exampies of construction being undertaken by GB Core at 500
Bush Ave. According to Section 310.06 (b) (11) of the City Code, changes to the
licensed premises without first having obtained the proper building permits from the City
are grounds for denial of a license.
(11) The licensee or applicant has materially changed or permitted a material change in the
design, construction or wnfiguration of the licensed premises without the prior approval of
the city council in the case of Class N licenses, the director in the case of Class T licenses,
and the inspector in the case of Class li licenses, or without first having obtained the proper
building permits from the city.
We are aware of several bui(ding projects:
• We know that the approach to the loading dock on Bush Ave. was excavated and
paved with concrete. (See photos in Section 8.)
• We know that window and door openings were made (and in one case, closed),
because;
- they are visible from outside the building (See photos in Section 8.)
- and because Mr. Berhow admitted to the activity at the August 17, 2000 Legis-
lative Hearing. (See Section 1, page 2, paragraph 7.)
We understand that work on the office area, inside the building, has taken place
because we were toid so by Christine Schweinler of L(EP. �s� ��< �, �„-� a-8, ���e -`' � l ��
• We suspect that furnace work has taken place because a furnace stood outside
the building for several days this past summer and oid furnace duct work was put
into the scrap metal dumpster. (See Section 8.)
• We are certain that substantiai changes to internal masonry structures was under-
taken because:
- neighbors witnessed signs of such work (a weekend of jack hammering, dust
blowing out a window, dumpsters filled will masonry).
- Mr. Berhow admitted to removing walis in his statement at the August 17 Leg-
islative Hearing. (See Section 1, page 2, paragraph 7.)
We understand that a buiiding permit had not been issued when ihis work was taking
place for these reasons:
• Mr. Berhow told us so at the August 17 Legislative Hearing. (See Section 1, page
3, paragraph 4.)
A building permit was finally sought on September 15, 2000, significantly after fhe
work described above had been started or finished. (See Section 2-7.)
We also argue that the fact that a building permit was eventually issued is, in and of itseif,
evidence that a buiiding permit was required.
District Five Planning Council: Oppasition to Granting Class N License to GB Core Ina �/_ fi7 /
� �
2.3 Careless and Illegal Handling of Hazardous Wastes
Observations at GB Core Inc.'s current operation at 500 Bush Ave indicate a pattern of
careless handling of hazardous wastes. We feei that such behavior is grovnds for denial
of the license under two provisions of the City Code.
2.3.1 Failure to Comply with a Proposed and Accepted License Conditiort
One of the conditions that LIEP has proposed for attachment to the license is conform-
ance to Ramsey County's rules and regulations for hazardous wastes. The iilegal dis-
posal that has been observed at 500 Bush is a violation of the law and the licensing
conditions, and ought to be considered grounds for denial.
310.06(b)(5) The licensee or applicant has failed to comply with any condition set forth in
the license, or set forth in the resoltttion granting or renewing the license.
Exampies are cited below, in Section 2.3.3.
2.3.2 Danger to the Public Health, Safety or Weifare
We contend that the instances cited below constitute a serious potential danger to the
pubiic and under section 310.06(b)(7) can be considered grounds for deniai of the
license.
(7) The activities of the licensee in the Iicensed activity created or have created a serious
danger to the public health, safety or welfare, or the licensee performs or has performed his
or her work or activity in an unsafe manner.
2.3.3 Examples
"Oil-Dri" and Fluorescent Lamps in the Dumpster
"Oil-Dri" is a trade name for a product that is used to soak up oil that has been spilled. It
is very much like cat litter. Our understanding is that once oil-dri has been used to soak
up crank case oil, the oil-dri must be treated with the same care that is required for crank
case oil. Fire Department inspector Sherry Wings mentioned this in an inspection report
from September 21, 1999. (See Section 2-4, point 7.)
It is illegai to put used motor oil in the trash. (See the Ramsey County web page print out
in Section 2-3.) ( PayZ �! � �
Fluorescent light tubes contain mercury and the disposal of such tubes is controlled by
law. It is illegal to put them in the trash. (See the Ramsey County web page print out in
Section2-3.) (�p�,�, ��>
District Five Planning Council: Opposition to Grenting Class N License to GB Core Inc. Q��^�
��
During ihe summer of 2000, oil-soaked Oil-Dri and broken fluorescent tubes were
observed in the trash dumpster at 500 Bush Ave. (See the photos in Section 2-2.)
We contend that such disposal is;
• iflegal under Ramsey County regulations, that
• it is Berhow's responsi6ility to be aware of such regulafions and to make sure thaf
his employees are aware of and comply with such regulations, that
• GB Core Inc.'s faiiure to d'+spose of these hazardous materials in a legal way is a
violation of County Rules and therefore a violation of a proposed and accepted
condition of the license and as such,
• is grounds for denial of the license under Section 310.06(b)(7} of the City Code.
Numerous Oil Spills
There is evidence of several oil spilis at 500 Bush Ave, a�l of which were observed during
the summer of 2000. We contend that the number of spilis are so great that they should
be characterized, not as accidental spills but rather as careless handling of hazardous
waste. (See fhe photos in Section 2-2.)
Irresponsible Storage of Oit Drums
On two occasions during the summer of 2000 neighbors have observed drums of used
motor oil standing outside of the building at 500 Bush. (See the phofos in Section 2-2.)
We see two serious concerns:
• The condition of the drums (oil pooled on top, oii running down the side, standing
on oil-soaked cardboard and on an oi!-soaked pallet) reveals work methods that
are not consistent with carefu( hand(ing of the oi(.
Leaving these barrels out of doors over night is an irresponsible act because mis-
chievous persons could turn them over.
Therefore, we contend that GB Core Inc.'s storage of oil drums, at least on these two
occasions, are exampies of careless handling of hazardous wastes.
Oil Spills by GB Core lnc. at Pierce-Butler Route Location
GB Core's careless handling of oiI is not a recent development. According to a fire
inspection carried out by Sherry Wings September 21, 1999 similar conditions prevailed
at GB Core's previous location at 893 Pierce-Butler Route. (See Section 2-4, points 7
and 14.)
} ` District Flve Planrting Councii: Opposition io Granting Class N License to GB Core Inc. Q I,�l�
� �
2.4 Paitern of Bad Faith and Dishonesty
We contend that our dealings with Glen Berhow have revealed a pattern of dishonesty of
such a serious degree that we believe it demonstrates that he is "not a person of the
good moral characfer or fitness required to engage in a ficensed activify, business or pro-
fession:' Mr. Berhow has, in our opinion, shown that he will lie whenever it seems useful,
and that he wiii comply with fhe law only if and when he is forced to do so.
310.06(b)(10) The...applicant has shown by past misconduct, or unfair acts or deal-
ings...that such licensee or applicant is not a person of the good moral character or fitness
required to engage in a licensed activity, business or profession.
2.4.t Misrepresented Need for Building Permit
At the August 17, 2000 Legislative Hearing Mr. Berhow stated that it was his understand-
ing that he did not need building permits for the work he was doing. However, our local
building inspector Jim West sent a letter on July 13, 2000, one month before the August
17, 2000 Legislative Hearing, informing Berhow that he did need a building permit. 8oth
the letters from Mr. Zangs (December 3 and 10, 1999) aferted Berhow to the need to
compiy with building codes. Furthermore, it is common knowledge that building permits
are required for nearly al( construcfion. We feei that fair minded people can and shou(d
conclude that Glen Berhow was lying when he told the hearing officer that it was his
understanding that no building permit was needed.
(See Section 2-5 for West's letter and Section 3 for Zangs' letters.)
2.4.2 Berhow Offers Fictitious Figures puring the Legislative Hearing
At the August 17, 2000 Legislative Hearing, Mr. Berhow testified that the engines arriving
at his operation at 500 Bush Ave. are nearly completely free of fluids. He stated that only
0.05% of the fluids normally found in an engine are present when they are detivered to
GB Core lnc. (See Section i, page 3, paragraph 3.) A simple exercise in arithmetic
demonstrates that this figure is preposterous. The foflowing chart shows the number of
engines that wouid be required to produce the quantities of oi! (4 drums, 220 gallons)
fhaf have aiready been observed at 500 Bush, if the engines arrive wifh only 0.05% of
fluids remaining.
District Five Planning Council: Opposition to Granting Class N License to GB Core Inc.
Eng. Capacity (quarts)
mulfip(y by .0005
Engines/quart
Engines/gallon
Engines! drum
Engines/4 drums
0.002
500
2,000
110,000
440,000
0.003
333
1,333
73,333
293,333
8
0.004
250
1,000
55,000
220,000
bl-q�
If Berhow's testimony is correct then he wouid need to process 440,000 engines with a
capacity of 4 quarts in order to accumulate the four barrels of oil observed outside his
business at 500 Bush Ave. Berhow has already testified that he has only a minimal oper-
ation. (See Secfion i, page 3, paragraph 6.)The figure (0.05%} does not agree with the
scale of operation that he claims, nor does it agree with the scale that has been
observed. The figure must be wrong. Either the engines arrive with much more oil in
them or GB Core Inc. has processed hundreds of thousands of engines at 500 Bush.
They have clearly not processed hundreds of thousands of engines. Therefore, the
amount of oil remaining in each engine must be far greater than 8erhow states,
Let us offer an expianation. The engines arrive with their crank cases full ot oil, 4 quarts
in most engines. The photos of the engine unloading process support this possibility.
(See Section 4.) Notice the trails of dripping oil on the pavement.) If this is the case,
only 200 engines would be needed to produce 4 barrels of oil. Two hundred engines are
consistent with the scale of operation that neighbors have observed at 500 Bush Ave.
Let us further speculate that Mr. Berhow feels a need to minimize the amount of hazard-
ous waste that his business produces. He had a motive to do so, of course, because he
wanted to promote the myth that he needed no Hazardous Waste Generator License.
Our explanation of the preposterous numbers is this. Feeling himself cornered at the
August 17, 2000 Legislative Hearing, Berhow simply fabricated a small number (0.05%)
in order to buttress the idea that he produces little or no waste. This interpretation is con-
sistent with anofher commenf from the hearing; "They (we] have four barrels, but fhey
[we] won't collect four barrels of fluids over a year's time." (See Section 1, page 3, para-
graph 3.) If the engines arrive with only 0.05% of fluids remaining it wou�d take many
years!
We contend that Glen Berhow has, in this instance, fabricated "facts", that he will con-
tinue to do so, and that he has not been honest in his dealings with the licensing authori-
ties. We conciude that he is "not a person of the good moral character or fitness required
to engage in a licensed activity...", and as such should be denied a license under Sec-
tion 310.06(b)(10) of the City Code.
Oistnct Five Planning Council: Opposition to Granting Ciass N License to GB Core inc. O/_� �
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2.4.3 Unwiiling To Address Issues
Mr. Berhow's lack of credibility is exposed in the transcript of the August 17, 2000 Legis-
lative Hearing. When chailenged to explain the un-licensed operation, the illegai dis-
posa! of hazardous waste and buiiding withoui a permii, he chose instead to change the
subject. He preferred to tell the hearing officer that the building at 500 Bush was run
down, that it was going to look very nice when he was finished, and that his inventory is
computerized, that he bubble wraps, prioritizes and palletizes his product.
We are troubled by Mr. Berhow's retuctance to give direct and honest answers to the
central questions. It is clear that Berhow must evade discussion of certain matters
because such discussion wiil demonstrate that he has acted outside fhe law. We feel
that Berhow's evasiveness shows that he is "not a person of the good moral character or
fitness required to engage in a licensed activity....", and should be denied a license under
Section 310.06(b)(10) of the City Code.
2.4.4 Only Applies for Licenses When He Is Forced to Do So
Mr. Berhow's method of dealing with licenses seems clear. He will operate without them
if he can and he wiil get them only when he is forced to do so,
Berhow made his application for a business license on January 3 ot 2000, but only
after his empfoyees were discovered cufting up delivery trucks in November of
i 999 at 500 Bush Ave. (See Section � for the documentation.) As we have
shown, Berhow operated in the City of St. Pau! for 10 years without a business
license.
• Berhow applied tor a building permit in Sepiember of 2000, months after he was
informed about the requirement by (nspector Jim West, weeks affer he told fhe
August 17, 2000 Legislative Hearing he did not require one, and after Jim West's
letter ot 6 September 2000 which warned of legal action. (See Section 2-5.) (�a�e `��
• Berhow applied for a Ramsey County Hazardous Waste Generator License on
September 15, 2000, but only in response to a visit to 500 Bush Ave. by Mike
Cimaglio of Ramsey County. (See Secfion 7.) Berhow operated for 10 years
without a Hazardous Waste Generator License.
It seems fair to conclude that Mr. Berhow wou(d never have applied for the business
license, the waste generator license or the building permit if he had not been faced with
legal problems. We interpret this as contempt for the law and feel he "is not a person of
the good moral character or fitness required to engage in a licensed acfivity" and as such
can be denied a license under Section 310.06(b)(10) of the City Code.
2.4.5 Mid Northern Electric vs. GB Core
On September 3, 1999 Mid-Northern Electric Company filed a cfaim in conciliation court
in St. Paul in an attempt to get paid for $4200. in services performed for Glen Berhow
�o
' � Disfict Five Alaoning Council: Opposilion to Graniing Class N License fo GB Core )nc.
0�-9 f
and GB Core Inc. at 893 Pierce-Butler Route. According to Dennis L Wo(fe, president of
Mid-Northern Electric, Berhow offered to settle the account for $500. Berhow told Wolte
that since he (Berhow) lived out of state, Wolf wouid have little or no possibility of collect-
ing through the courts. Wo(fe decided nof to settie. The matter was referred to District
Court and there is currentiy a Writ of Attachment for the arrest of the president of G8
Core Inc. Unfortunately the writ erroneously names Glenn Core, not Glen Serhow, as
the person to be arrested.
We contend that Glen Berhow's behavior in this case constitutes a"past...unfair acY' and
under the provisions of Section 310.06(b)(10) of the City Code ihe City Counci! is justi-
fied in denying a license to GB Core Inc.
� � ' k: r)
�Se� S�ci�o,� L- � :or ctcc .,�r��?s iv. . .
,
2.4.6 Various Other Small Claims
A visit to the Wisconsin Circuit Court Access web page reveals that Glen E. 8erhow has
several other small claims filed against him. We do not know what role these records
may or may not play in this process, but we do know this:
5ome of the items seem to deal with matters that may reflect on Mr. Berhow's
character and his past dealings, and as such may appiy to Section 310.06(b}(i0}
of the Ciry Code.
• City Code states that the Cify Council may not consider information that was not
presented at this hearing.
For these two reasons we are including the listings from the Wisconsin Circuit Court
Access data base.
{ r
C - 5G� Mrr�Slr?.�� l(� ��C� ��`�� C�
3- (�n� �a�n�ee� - ��
1'I
� t � District Rve Planning Council: Opposition to Granting Class N License to GB Core Inc.
� �'q1
3.0 Conclusions
Because we were not able to afford legal representation, we had no choice bui to gather
this information and present it without the assistance of a lawyer. We respectfully
requesf fhe Administrative Law Judge to be understanding and accommodating in those
instances where our lack of legal expertise may have affected the process.
We feel that the materials and testimony we have provided show that Gfen Berhow is not
fit to operate in our community. We believe that the information is sufficient to overcome
the legal hurdles that the City of St. Paul must satisfy in order to deny Mr. Berhow's appli-
cation for a business license.
12
�, �♦ District Fve Planning Council: Opposition to G2nting Class N License to GB Core Inc.
0�-9�
Book of Evidence; Contents
Section Contents
1 Minutes of the Legislative Hearing of August 17, 2000
2 Complaint: Village of Howard vs. Glen Berhow and GB Core
3
4
5
6
7
8
2-1
2-2
2-3
2-4
2-5
2-6
2-7
2-8
Letters: Zangs to Berhow and Berhow to Zangs
Photos showing operations at 500 Bush Ave.
Application for business license.
Web page of core suppiiers
Application for hazardous waste generator license
Photos of construction projects
legal documents from Mid-Northern Electric vs. GB Core Inc.
Photos of hazardous waste
Ramsey county web page on hazardous waste
Fire safety inspection report, 893 Pierce Butier, Sept. 21, 1999
Letters from building inspector Jim West to Berhow
City Code, Sections 310.05 and 310.06
building permit
other letters
Separate Document: Wisconsin Circuit Court Access data base, records for Glen Ber-
how
13
06/27/O1 18:40 FA%
SEP-61-2000 11=55 City of Saint Paul
� oi
651 266 �74 P.02/BS
d 1
D9TNL7I'ES OF THE LECsISLATSVE HEARING
� (3B CORE, 7NC., S00 Bt� Aveaue
ThuzsdaY, August 2?, 2Q00
Room 330 Courthouse
GenY Suathmea, Legisfarive Hearing dfficer
STAFF PRESENT: Corinne Asunoion, Lieense, Ix�speetiaxss, EQVimnmentat Protection (,r.TRP),
7ohn Hardw'scty LIEP .
Themecting wav ca32� to orderat 2:�5 p,m.
�
GanY gtr�ri"^'^ �� this hearing is being held to heaz objections to the Iicense epplication far
CsB Core, Iac. aY S00 Bush Aveaue.
Corinae Asuncion ie�mrted tivs application is for a Recycliug ColIection Cencer Lioause.
I�ans £oz enviroamental heahb, fire, lioensing, and wning have all bcea approved. L1EP is
recommendiag sPPiaval af the &cense with tfie five conditions Listed below. which have been
signed by fIu applicant:
1) The co3leetion sud processing of perts for shigment shall be conducted inside the building.
2) The business o��fion at t6is lioensed paemise shall aot be in the *nA*+++�r of an auto
salvage use. '
3) e shai! be no exterior starage.
hand3inS sad sioraSe of vehicle Yl�ds, batteries, eEC. shall tx in accordance with the
RsmseY CountY Ha�ardaus Waste Regulfttions.
5) The dranpster must be stpred on the pmperty and not in the aLey, s�ee� or on the pvbiic
side.walk.
Ms. Asuncion s�ted she would like to add oae more condition becavse this bv-ri��Q is within
500 feet of residential properry. Tkis condition has not beea signed by t6c sPPlicant:
� The b»e+++�s houis of operation shall be from 7:00 am. to 7:60 p,m.
Atvice Sylvester, I3istrict 5 Planning Couneii, appeared snd stazed 6e aeut a lettar dated jviay 26
o�nl'^'n�o their conc�tns. The strongest case ha has;s tfie first concern. 1) Severay City staff
members have told him it is illegal to opatate in Saint Petil prior to being issued a license. This
is talcen directly from Ci1y code. 2) There has becn iilegal dispasa! of bszardous materials: oiI
aad fluoresccm bulbs an being thrown iurto a dumpster. 3) �me work laas been doae on the
buildivg withutrt permits- This is an industrie7ly zoixed site that is adjaceot to a resldentially
mnea azea. a> En¢��P ana auto parts ate freguenay lefr ovtsiae of the buila;ng.
A fina! point, ststed i�r. Sylvester, that is not mentioned in his letter is cansavction
debris-cnished oSnder blocks-scaitered on the public strect and alley outside the business. This
cen be a problem far tires. The pianning cauncil met once with the managcr on sita. Tlu�ough
those comersatians and because of th� conoems of the neighbors, the planaiug counci! voted tn
uot suppoit the Iicense.
�
�
06/27/O1 18:40 FA%
SEP-01-2000 11-56 City of Saint Paul 651 �66 8574
L$CTISLATNE HEARII�'Cr i�[7 tE3, CiB CORE, 500 BIJSH AYENLTE, &-17-00
- , r �.
�1-91
Pags 2
Tr4y Tmoien, 766 Burr Street, aPPGared and stated he objects w tHis &cense being issued
because of th.� he Las se� at 500 Bush A'venue. The peoRle aperating this business seem to
have wnfiempt for the environmenk laws, and regulations. {Mr_ Tmn�en P� P���P�
to Mr. Strat�man ix�dicating wfiere petrokvm produets had been spilIed. These photo�xaphers
wece also ahown to dte own�.)
Mt. Suathman asked why He pres�anes there is consfructian u3thout permits_ Mr. Tmoien
�P�ded he hss not seen penaits posted. Kristiae Schweinter (LIEP} was at the site,
established there was ao permit, and to2d them to etvp whsLever they vi�ere doing.
Autuasu 1999, sfsted Mr. Traoien, there was e Iot of activity aL 500 Bi;sh Avenue. He pneyames
that is when GH Core maved in. A lot of hvcks and activey appe� ��e gp�g of 2UOt1.
The 7ask Fpme was cpncerned about t�g noiae, and 3wurs of operation. lV2r, Trooien is
mostly #rpubisd by the pollut#on. Oi2 on the gcound will be there for a lon� t4rue. Also, Mr.
Tmoien received a call from Gten Berhow.
Mr. Strathman asked is it thea percEption that the way this busEness is being opuatcd is
disdnb9ng the neighborhood or that it will in the future dismrb the neighboihood, Mr, Trooien
respzmded he has seen some things that ate disturbiag to him. Ths alley was paved tast swnmer
and re-oiled a Scw weeks ago. Trucks with heavy loads and heavy euy.'aeq are deshnying the
allcy, w�ch is nof as bad as dumping, but sLill a concem Txaffiq noise, and bTockin� tBe road
are noi a pmblem because they are ehe wst of doing bus;n�s.
Glea Berhow, owner and presfdeat, and Jim 'i'arosh, attorney. aPPearea Mr. Berhow stated GB
� Core. Inc., is a Wisconsi.n besed corporation. They have a large opecation in Green BaY,
Wisconsiu where Yhere is a 40,ODU square foot building and 4 aeres of fenced yard. Everytheng is
done inside the building as ii will be done in Saint PauE_ The bvsiness t�as been in existepce
since 1487. They have leased a bnilding in Saint paul since ] 990. There was an operation on
Pennsylvania Aventse for ehout six yeazs. 'They lessed a buiIding az 893 Pierce Butler Route for
t� Y� w�� �pired ia October 1999.
]vlr. Berhow went on to say they are a growing company and were looldog at better 6usiness
decisioas aad decided to purchase a building at S00 Bush Avenne. It was p�xrchased on a land
conhaet de:il. Whtxt He firat lookod at the building, it was a mess, and thece wcre a Iot of Fegal
issues that werc defaulted oa. The buiiding was rented befoze it was pucchased in 7une, at which
Eime CiB Co�re took ownership. 'fhey have 6een cieaning it up. 7'he building has been us�d in a
minimai working operatian. t38 Core supplies useci eagines rmd campoaents to production
engine sebuilders acsoss th� Unitsd States. The optration in Sairrt Paul is a satellite operation:
a11 tbat is doae hcre is purchasit�g,
Mr. Berhow had a comersation with Troy Tzooien and tried to exp2ain ffie operation to Lim, Mr_
Berhow hss gone to the ex�r.mc cnd in trying to make this a t�eighborhood operation, but it wi11
��AP� o�� 1�use there ls too much work io do an the building. Ail he is doing with
the buiIding is cleaning it up, takmg down old walls thst arc already hatf kxwcked do
�
•
O6/27/O1 18:40 FA%
SEP-01-2080 11:56
G[ty of Saint Paul
f�j 03
651 266 �74 P.04i05
DI-�/
L�GISLATIVE �iG h�III�iUTE5, GB CORE, 500 B[35H AvENLTE, 8-17-00 Pagc 3
windows t1�at wetc 6oardecl ug �ooxs ibat axc not fun�tioneble. The fire marshai has been at the
buiPclmg mnrnhiY•
N3r. Straxhnxaa stated he is caaccrned ebovt the alle�tions of hs�tOUS mataials. Mr. Berhaw
responded that is nat acc�u�. Sheme Wings from ti� F'ue Dep�nent has bean these et least
ten timcs ;n the last few moaths. 'I'hey have dane all the things A�f s. Wivgs asked them to do.
7�is buiiding ptc�'iousiy looked so t�ad that it was a dumpiag gtound for matttessea. t�res, etc-
Their uaste management bmc has bean p� inside the huiFding because dumping is still e
pmblam.
r1
LJ
What are they doing witb ihe fluids frvm �9nes, eskcd 11�. Strathman. Mr_ Berhof zespon8ed
they hsve specially made 6enches. These engiaes are loaded onto a truck and axe sold ta t'iB
Care. ?hece mighc be .OS% of fluids from 100 engines; the amo�mt is that m�nsm�• 'I�t littte
bit is drained into a container as requested bY Ms. Wings. She �3so re4uested that the barsels
,�sed arE put un spxia3 pallets. They have four barrels, but they won't colleet four baxrols of
�1uic3s over a yeaz's time. Everyone lras tushed m conclusians. This lnrilding is under review by
the �tm departrttetrt and by the DNR (Dapac�aent ofNaturttl Resources).
Mr. Stra�An asked about the elaim that there was construction without gecmits. (Mr. S�how
explained Same of thc photogcaphs frntn Mr. Trooien) Mr. Berhow stated he talked to somnone
in LIfiP, explained wHat theY ace doing, and tt�at they were remnving thin�a from the buiiding.
I�e was toid by a ropresentrrtive from LT&P that as tong as things ara pta�exin+s, n�o and pre-framed,
he is not reqaired to have a permit becsuse theY are not changing anYthing.
Mr. Strathman asked atwut the add�tional conditlon rega�ing the hours. Mr. Berhof responded
the employees are usualty done by 4:00 p.m. 7:D0 wauid nevex he a probtem.
Mr. 'Ikooien asked is nc� bvsiaoss reeycling angiaes- Mr. Barhof responded theY have done a
minimal amowrt with the engincs or whataver.
Mr. Tiooien stated t�e counted five d�mmpsD�s af stuff goinQ oui He does aot think this is a tiny
opo�ation. Mr. Berhof responded GB Core is aot a t7ny operation: the s. �the 1 �have $?50,000 in
month. Those aze appioved rec�+eling bins. These are not jwdc en�ine " Y
iuvcaf�ory_ 'Whenthis business is xunning, theY maY be doing 5250,OOQ a weelc in purchases.
They run a clean op�ratioa in Green Bay, and it will be ao diffcre�R ia Saiat Paul. GB Core does
not look like an engine cac broker piace. Bveryt�iaff is shrink �PP�• PnOn��
computerized, atld on racidag.
He doos not think Mr. iierho£is tellin8 the 4uth, stated Mt.'Trooiece. The picKwes are takea from
a s�c moirth period. Ha has se� a pattern of sioppiness outside GB Ccm. 'I'here is x serious
operation going oa. Mr. Trooien is aat coacerned that they are compiRerized nor that ffiey do a
good business in Grccn Bay. Ratfier, fle is eoncemed abouE pofiution hc has seea eveeS'day for
� p� � a�orn3�s. ivir. Bcrhof is rxot addxessing this and it speaks m his veracity.
•
•
06/27/O1 18:40 FA%
SEP-01-�00 11�52
City of Saint Pau3
f(IJ 04
65i 2G6 8574 P.05/85
d f
LEGI3LATIVE HEARIi�IG MINrtJTES, GB CORE, Sl}D BUSii AVENL3E, 8-17-OQ Page 4
Mr. Sylvester ststod the bvsinass has acknowledged thcY are alxeaziY aPe�nB> which is a
violation of City code. The fact thst they are operating without a licease speaks valumes abaut
how they arc gaiag to mana�e thoir busiaess ta the benef i af Saint PauL He t�ed Mr.
Stcathmaa W take this iato considctalion
Mr. Berl�nf slaocd the atinimum amou� t�cy are tioinS is the �ansition ftorm tbe othcr buiIdia6 m
this l�uildiag. Tl�esa 8mt1�Qn aze descr't6in� th3ugs #hat hsve hagpeued ia the past. CTB Core is
going to make this a nice operation.
Mr. Stiadvna� statet4 he is tcovbled that GB Core is opecatiug wichout a licanse. Uafort�mauLY.
ttns happea�s witi� di.stw'binS �b`���3' ��e City. Operating'witho� a license is not in and of
itself a basis for denying a lice�se. 'Ihc coucern of the �ighbors is svbstantial, however, there is
a licrnse condition that tho businea% will ]�andlZ fluids applicable to CountY Tegulatioas. NL'•
Strathman does no4 see a basis for denying this licease.
Gerry Strathman ra�rnnmended approvat of this li � BPP� � B�hof � six cond�Uons as
fisted on PaSe 1- These conditions bave been aPP� Y
The mecting was adjotuncd at 2:38 p.m.
xzn
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TQTRL P.05
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STATE OF WISCONSIN
I• � '
I: ' _ �1.
BROWN COUNTY
� , t* ,:��; "``��`�.
a Wisconsin municipal corporation
2456 Glendale Avenue
P.O. Box 12207
Green Bay, Wisconsin, 54307-2207,
Plaintiff,
�
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" �� ��
2014 Glendale Avenue
Green Bay, Wisconsin 54304
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W..t �'. �i � .''� �..a. Y�RaYf16K`d9`IF
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Defendants.
COMPLAINT
CASE NO. 99 CV � S 7
Code No. 30704
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BROWN �COUNT Y y�y�
NOW COMES the plaintiff herein, the Village of Howazd, by its attorney, Dennis
M. Duffy, and as and for a Complaint against the above named defendants, respectfully alleging,
stating and showing to the Court as follows:
The Village of Howazd is a body cerporate aad politic, with the pewers »:.3
privileges of a municipal corporation at common law and as conferred by Wisconsin Statute and the
Village Hall is located 2456 Glendale Avenue, Green Bay, Wisconsin.
2. The defendant, Glen E. Berhow resides at 2530 Gemini Road, Green Bay,
�
Wisconsin, 54311; and ttus defendant owns real estate at 2014 Glendale Avenue in the Village of
Howard, Wisconsin which is legally described as follows:
��
;� �
� Lot 1 of Volume 24 Certified Survey Maps, Page 153, being part of Govemment Lot
3, Section 10, Township 24 North, Range 20 East, Village of Howazd, Brown
County, �sconsin, EXCEPTING TF�REFROM the following described premises:
Beginning at the Southeast corner of Lot 1, Volume 24 Certified Survey Maps, Page
153, Brown County Records; thence South 89° 19' 18" West, 50.00 feet along the
Northerly line of County Tiunk Highway ".P', also known as Glendale Avenue;
thence North 56° 14' 00" West, 109.94 feet to the Southwest comer of Volume 251
Deeds, Page 37, Brown County Records; thence South 83 ° 15' 17" East,150.00 feet
along the South line of said volume and page to the Westerly right-of-way of
Riverview Drive; thence South 10° 00' 19" West, 43.56 feet along said right-of-way
to the Southeast comer of Lot 1, Volume 24 Certified Survey Maps, Page 153,
Brown County Records, to the point of beginning.
ol
3. On information and belief, ffie defendant G.B. Core, Inc., a Wisconsin corporarion is
�
engaged in the business of purchasing automobiles far re-manufacturing automotive cores and auto
salvage storage, recycling and sales and this business is located at 2014 Glendale Avenue in the
Village of Howazd, Brown County, Wisconsin.
4. On information and belief, the defendant Glen E. Berhow is the principal shareholder
and owner of defendant G.B. Core, Inc., a Wisconsin corporation.
5. The pmperty locaied at 2014 Glendale Avenue in the Village of Howazd, Wisconsin, is
zoned General Industrial (I-1) wning classification and a junk and salvage business is a conditional
use within the General Industrial (I-i) zoning district, Section 17.12(3)(b) of Chapter 17, Village of
Howazd Zoning Code.
6. A junk or salvage yard is defined as follows in Section 17.02(84) of Chapter 17, Village
�
of Howard Zoning Code:
JUNK (SALVAGE YARD). An unenclosed azea where waste or
scrap materials are bought, sold, exchanged, stored, baled, packed,
disassembled or handied, inciuding, but not limited to, scrap iron and
other metais, paper, rags, tires and bottles. A`5unk yazd" or "satvage
yazd" includes an auto wrecking yazd, but does not include uses
�
. established entirely within enclosed buildings.
ol-R/
7. That on or about December 21, 1998 the defendant Glen Berhow made an application
for conditional use approval to allow a salvage yard to be located at 2014 Glendale Avenue, Village
of Howard, Wisconsin and a copy of that application is attached hereto and made part of this
Complaint as Exhibit A.
8. Following a public hearing by the Village of Howazd Plan Commission on the defendant
Glen E. Berhow's request for a conditional use on January 18, 1999 the Plan Commission made
Findings and Recommendation for denial of this request and a copy of the Plan Commission Staff
Report regarding action by the Village of Howazd Plan Commission is attached hereto and made part
of this Complaint as Exhibit B.
9. On 7anuary 25,1999 the Village Board of the Village af Howazd denied the conditional
• use for G.B. Core for a salvage yazd operation at 2014 Glendale Avenue, VH-353, in the Village of
Howard, Wisconsin.
10. Soon thereafter, in spite of the denial of a conditional use pernut, the defendant
transported or had hansported to its premises approximately ten (10) trucks which were dismantled
and scrap materials therefrom inciuding but not limited to metals, tires and velucle parts were stored
in an unenclosed area. In addilion, the defendant's conducted an outside smeiting operation on the
premises for processing metals and other salvage materials from the motor vehicles and said
operarion constitutes a junk or salvage yazd within the meaning of Section 17.02(84) of the Zoning
Code for the Village of Howard.
11. Sec. 62.23, Stats., defines the Village ofHoward's Zoning and enforcement authority.
• 12. The Zoning Ordinances for the Village of Howazd have been enacted pursuant to
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� authority of Sec. 62.23, Stafs., wluch provides that "any ordinance, resolution or regulation enacted
or adopted under this section, shall be liberally construed in favor of ffie city." Sec. 62.23('�(a),
Stats.
13. The Village of Howard has the authority, pursuant to Sec. 62.23(7}(�2 and Sec.
62.23(8), Stats., to enforce the Zoning Ordinances it has established, which govern the uses to which
properry within its boundaries may be put.
14. Sec. 62.23(7)(�2 gives the Village of Howazd the authority to insritute appmpriate legal
action to prevent the unlawful use of land in violarion of any duly made ordinance, "to restrain,
correct or abate such violation," or "to prevent any illegal act, conduct, business or use in or about
such premises."
15. Sec. 62.23(8), Stats., give the Village of Howazd the authority, if "any land is or is
• proposed to be used in violation of this section or regularions adopted pursuant thereto" and "in
addirion to other remedies provided by law, [to] institute injunction, mandamus, abatement or any
other appropriate action or proceeding to prevent or enjoin or abate or remove such unlawful
erection, construction or reconstruction."
COUNTI
[ENGAGING IN A CONDTI'ION AL USE WITHOUT A PER7�iiT]
16. Plainriff repeats and realleges all preceding allegations.
17. That attached to this Complaint and made part hereof is Eachibit C as though fully set
forth in the Complaint is a Noncompliance Norice issued by the Village of Howazd Department of
Code Administration to the defendant Glen E. Berhow dated Mazch 17, 1999 which sets forth all of
• the violations for the property located at 2014 Glendale Avenue in the Village of Howazd, including
4
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• but not limited to allegations pertaining to review of remodeling plans by the State Depariment of
Commerce, submittal of a Parldng Site Plan, salvage, storage, and screening of salvage and storage
violations and continued salvage yazd operations.
18. Ttiat after repeated demands by Village Officials the defendants have failed and refused
to cease salvage yard operarions and the storage of salvage materials in an unenclosed area at the
premises at 2014 Glendale Avenue.
19. A permit is required before any party is allowed to conduct a conditional use and the
defendant Glen E. Berhow's application for a conditional use permit to operate a junk yard or
salvage yazd has been denied.
20. The defendanYs current activity at its business preauses to-wit: the outside disassembly
of motor velucles and the unenclosed storage of salvage materials from said vehicles is in violation
• of the regulations established for the General Industrial zoning classificarion within which the
business is situated because it is not a permitted use and no conditional use permit has been issued.
21. The defendanYs activity thereFore constitutes an illegal use of the premises and a
continuing violation ofthe Village ofHoward Zoning Code and the Village ofHoward seeks to have
that activity enjoined.
COUIHT II
jOCCUPYING A BUILDING WITHOUT AN OCCi1PANCY CERTIFICATE]
22. Plaintiffrepeats and realleges all preceding allegations.
23. On information and belief, the defendant Glen E. Berhow in 1992 submitted Plans to
the State of Wisconsin for remodeling and improvements to the building located at 2014 Glendale
� Avenue in the Village of Howard, Wisconsin.
5
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• 24. That attached to 8us Complaint and made part hereof is Exhibit D as though fuI1y set
farth in the Complaint is a Noncompliance I3otice issued by the Village of Howazd Department of
Code Enforcement to the defendant Glen E. Berhow dated February 15, 1999 wluch sets forth all
ofthe violations for the property locateci at 2014 Glendale Avenue in the Village of Howazd inciuded
but not limited to allegations pertaining to review of remodeling plans by the State Department of
Commerce, submittal of a Pazldng Site Plan and occupancy of a portion of the building without an
occupancy certificate.
25. That attached to this Complaint and made part hereof is Buhibit E as though fully set
forth in the Complaint is correspondence from the Wisconsin Department of Commerce to the
defendants dated February 22, 1999 conceming Depazkment Enforcement Orders concerning
violarions at 2014 Glendale Avenue and a copy of an Inspecfion Report and Orders dated April 25,
. 1996 and October 12, 1994 are fiuther attached as Exlribit E.
26. That after repeated demands by Village Officials and State Officials the defendants
have failed and refused to obtain necessary plan apprnovals, permits and complete the necessary work
to comply with the State Laws and the Village of Howard Building Code.
27. That the defendant's alteration and continued use and operation of the building at 2014
Crlendale Avenue while the building fails to meet and comply with Orders from the State of
Wisconsin Department of Commerce and the Village of Howard Building Code without an
occupancy certificate for the building constitutes an unlawful building, structures and uses pursuant
to Section 14.07 of the Building Code and fiuther represents a continuous and ongoing violation of
the Village of Howard Building Code.
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• VVfIEREFORE, the Plainriff, Village of Howazd, requests judgment against the
defendants as follows:
(a) Pursuant to Sec. 25.04 of the Village of Howard Municipal Code, judgment in the
amount of Five Hundred Dollars ($500.00) per day for each day of the foregoing violations of the
Village ofHoward Zoning Code and the Village of Howard Building Code.
(b) An Order enjouung the defendants from the continuing the unlawful use of the
premises to-wit: requiring the immediate removal of all junk and saivage materials including but not
limited to any and a11 motor vehicle parts, pieces and tires and other similaz types of material,
currently stored in an unenclosed area on the defendants' premises, permanently enjoining the
defendants from storing in an unenclosed azea on the premises any junk and salvage materials
� including but not limited to any and all motor vehicle parts, pieces and tires and other similaz types
of material currently stored in an unenclosed area of the defendants' premises.
(c) An Order requiring the defendants to comply with the Orders and correct those
violations from the State of Wisconsin Department of Commerce and the Village of Howazd
Building Code such that the building can be lawfully occupied and used and an Order enjoining the
defendants from continuing the unlawful use and occupancy of the buiiding at 2014 Glendale
Avenue until such time that the defendants have obtained an occupancy certificate for an authorized
use of the building from the Village of Aowazd Department of Code Enforcement.
� (d) For statutory costs and attomey fees; and
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• (e) For such other relief as the Court deems just and equitable given the
circumstances of this case.
Dated this � day of May, 1999.
�
716 Pine Street
• P.O. Box 4$8
Green Bay, WI 54305-0488
(414)432-4391
�
PETERSON, WIETING, CALEWARTS,
DUFFY & MAXWELL
Denifis M. Duffy
State Bar No. 101
[3
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STATE OF WISCONSIN
VII,LAGE OF HOWARD,
a Wisconsin municipal wzporarion
2456 Glendate Avenue
P.O. Box 12207
Green Bay, Wisconsin, 54307-2207,
BROWN COUNTY
i�UTt�tENT{CA'f'ED CQPY
FilED
JAN 1 1 2000
rlaintiff,
��
G.B. CORE, INC.
2014 Glendale Avenue
Green Bay, Wisconsin 54304
PAUL G. JANQUART
CLERK OF COURTS
BROWN CpUNTI; W1
CASE NO. 99 CV 657
Code No. 30704
m
u
GLEN E. BERHOW
2530 Gemini Road
Green Bay, Wisconsin 54311,
Defendants.
STIPULATION OF DISMISSAL
It is hereby stipulated by and between the plaintiff and the defendants herein, and their
respective attorneys, that the Court may enter the annexed Order forthwith, without a hearing, and
without further notice to either party.
Dated this 1 1 day of January, 2000.
WIETING, CALEWARTS,
& MAXWELL
Dennis I�f. Duffy, Atto
State Baz No. 1017895
•
METZLER & HAGER, S.C.
C l�-�,.�P .� �
Ronald F. Metzier, Attomey r Defendants
State Bar No. 1010044
CIRCUIT COURT
BRAI3CH 8
\ • '
�
vs.
t�l��l
STATE OF WISCONSIN
VII,LAGE OF HOWARD,
a Wisconsin municipal corporarion
2456 Glendale Avenue
P.O. Box 12207
Green Bay, Wisconsin, 54307-2207,
Plaintiff,
G.B. CORE, INC.
2014 Glendale Avenue
Green Bay, Wisconsin 54304
CIRCLTIT COURT
BRANCH 8
BROWN COUNTY
CASE NO. 99 CV 657
Code No. 30704
�
•
GLEN E. BERHOW
2530 Gemini Road
Green Bay, Wisconsin 54311,
Defendants.
��� '
Upon the annexed stipulation, and the CourC being fully advised in the premises,
IT IS ORDERED AS FOLLOWS:
•
1
2.
The Complaint is hereby dismissed without costs to either party.
The Aefendants, G.B. Core, Inc. and Glen E. Berhow, or anyone acting by, through or
on behalf of them including agents or employees of them and their heirs, successors and assigns, be
and they are hereby petpetually enjoined and restrained from and after January 11, 2000 from using
the property at 2014 Glendale Avenue, Village of Howard, Brown County, Wisconsin which is
legally described as Lot 1, Volume 24, Certified Survey Maps, Page 153 for any use or occupancy
that is contrary to the following:
. ��
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A.
B.
C.
D.
No stripping or disassembly of vehicles.
No outside storage of inoperable or unlicensed vehicles.
All outside storage of finished products shall be on pallets with shrink wrap,
on pallets, or in confainers.
IT IS FURTF�R ORDERED that on or before April l, 2000 the Defendants shall have:
No smelting or melting of inetal operations.
A. Completed ail improvements called for in the Wisconsin Depaztrnent of
Commerce Approved Plans for the building at 2014 Glendale Avenue,
Viliage of Ho��ard, Bro�vn Ceunty, Wiscor.sin; an3
B. Obtained an occupancy permit for the premises at 2014 Glendale Avenue,
Village of Howazd, Brown County, Wisconsin, from the Village of Howazd
Department of Code Enforcement.
.
�
Prior to the Village of Howard commencing Circuit Court proceedings to enforce the
provisions of this Order the Village shall give ten (1Q) days' nofice of any violation to the Defendant
Mr. Glen E. Berhow.
5. Any violation of the provisions of this Order shall also be construed as violations of the
Village ofHoward Murucipal Code and shall be subject to a forfeiture for each day a violation exists.
6. The Court will retain continuing jurisdiction for the purpose of compiiance with this
Order and any fiuther proceedings with regazd to contempt of Court, sanctions or forfeitures for any
violations of the provisions of this Order.
Dated at Green Bay, Wisconsin this �( day of January, 2000.
BY THE COURT:
_ /S/
onorabie William M. Atkinson
Circuit Court Judge
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CITY OF SANT PAUL
b`orm Coleman, dfmjor
*`� 3L>s.a`��_m ��
Gfen Berhow
G.B. Corp., Inc.
2014 Glendale Ave.
P.O. Box 906
Green Bay Wi. 54305
OFFICE OF L(CE\SF, I\SPECTIO�S A�D
E�'ViRO�:�fEi1TAL PROTECTIO�
P.ober� Kessfrr, �i�rcm�
1�Q
LOiYR7"PROFESS(0.�:4L BL7LD1.�"G
Suire 300
350 St. Pr�er Street
Saint Paul, bfinnzso[a 5�l0?-I�lO
Te [epharse: 6� I-266-9090
Fotsimilr; 657-366-9099
651-266-9I21
s�E'�1
�Ys� -
� ,r{�l�E �' 1'Z
RE: 500 Bush Avenue - Existing Warehouse Building in (-1 (ndustrial Zoning District.
Mr. Berhow:
I received your letter, dated December 3rtl 1999, explaining the nature of your business
proposed for the property referenced above. 7his office understands, based on your
explanation, that you will be receiving engines, transmissions and catalytic converters at this
locaiion and that your business operation does not include the removal of the parts from a
vehicie (ie. auto salvage), but rather, the coilection of these salvage items. It is further our
understanding that the only processes perform on these parts, once received, are ensuring
they are drained of any fluids, invoicing the individual part and preparing it for shipment back to
your headquarters in Green Bay.
The operation, as you describe it, appears similar to a shippinglreceiving wholesale operat+on
Nihich is a permitted use in the I-1 industrial zoning district. The change in use from warehouse
to whofesaling does not require any additionaf off-street parking per the City's zoning
ordinance. Therefore, zoning has no objection to this proposed use provided you obtain a
business license for a Recycling Collection Center. i have enclosed the license appiication.
Please complete this application and return it along with the license fee of $i64. 00, to this
oFice. The processing time for this license request, because of notification requirements
mandated by city ordinance, can take between 45 to 60 days. You cannot start your business
until this license is issued. We will do what we can to expedite but we need you to complete
the application, to begin the process.
You will aiso need to satisfy any requirements of the State Building Code and Fire and Safety
Code for fhe proposed change in occupancy of the buiiding.
Caif ine with questions at 6511266-9083.
�, �.
+� ll{,��ZEyLC� (�
' Lawrence R. Zangs
Zoning Administration
SOCbus wpd
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•
CITY OF S�T PAUL
No'm Coleman, Mayor
a�. - ` y Y; - ��� i .l4 "s ^;.Sa:{: �.
Glen Berhow
G.B. Corp., Inc. .
2014 Glendale Ave.
P.O. Box 906
Green Bay Wl. 54305
RE: 500 Bush Avenue
Mr. Berhow:
OFFICE OF LICENSE, NSPECTIONS A.v'D
E.WIROl^.SE��I'I'AL PROTECT[OY
RoberlKessler, Director /
�!
LOTYRYPROFESSIONdL BUILDI.VG
Sui1e 300
35D SL PeterSb'eet
SaintPaul, �Lfinnesota 55102-Ii10
Telephone: 651-266-9090
Facsimile: 65l-266-9099
651-266-9125
We had r a• u `� ��} he referenced property. 1 inspected the property on
Tuesday, ovember 30'". As I drove up to the property, I observed tfiree males in the process
of cutting up delivery vans. 1 spoke to a Fred Gonzafes who indicated he was the foreman on
the job. He stated that he worked for your company and explained that they were cutting up
these vehicles as part of a contract to saivage the metai and reusable parts. I explained to Mr.
Gonzales that this property is zoned I-1 industriai and auto salvage is not permitted in this
district. 1 did aliow him to compiete the salvaging operation of the vehicies observed on ihe site
but told him that once this was completed, no additional activity is allowed in the building or
surrounding property until the zoning, licensing and building re-certification issues are
resolved. i told him I would be back today to verify compiiance with my orders. .
Per our phone conversation today, you have exp{ained that what 4 observed on Tuesday was a
one time deal and that it wouid not be occurring on the property again. You further explained
that your regular business involves receiving used engine parts from various vendors. You
prepare these engines for shipment to your headquarters in Green Bay where they are resold.
I requested that you submit a written description of your business so that this office can
determine if the praposed use of the building complies with the zoning for the property. You
stated you would do that. Assuming the zoning issue can be resolved, it is anticipated that you
wili need a business license and wi11 need to satisfy building and fire safety code requirements.
Because of the notificafion requirements of our ordinance, the length of time to process a
license is approximately 45 days. You cannot operate your business until the license is issued.
I would urge you to get this letter to me as soon as possible so that we can expedite resolution
of this matter.
Call me with questions at 651/266-9083.
Lawrence R. Zangs
Zoning Administration
500bush.wpd
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December 3, 1999
License Inspection Environmental Protection
Mr. Lawrence Zangs
350 St. Peter Street, Suite 300
St. Paul, MN 55102
Larry;
Per our phone conversation, I am enclosing this letter per your request.
�
Supplie� c `
Engines and Transmissior,�
for Remartufactu�inc
��
With the intent and purchase aa eement at 500 Bush Avenue in St. Paul, I would like to reiterate
the type of operation we have at G. B. Core, Inc. Xou have stated the zoning is I l, which
includes Warehousing, Industrial Mfg., and Recycling. We are in no way a salva�e operation. -
All of our products are engines, tran,missions, and cata(ytic converters. We buy these selectively
from a computerized-technicat 6uy guide, which we pub(ish monthly to our independent
suppliers. All we do at our warehouse is a check-in, inspection, and invoicina procedure. The
only toois we use are air compressors, air tools, and a forklift. The product is only soRed and
warehoused until we get a full trailer load, and then it is shipped back to our main operation in
Green Bay, WI.
We stock 6000 to 7000 ena nes here on a fully computerized system, and ship all across the U.S.
to very large engine re-manufacturing companies. We also export to many countries.
We, in no way, salva�e items. Everything is purchased selectively. Our average month in St.
Paul will consist of $100,000 plus in product purchases.
The Frito Lay truck deal was a one time deal, and as you will see, we run a very organized, clean,
and professional operation.
We've been in business for over 12 years, and have about 14 employees beriveen the 2 divisions.
Thank you for your attention and consideration. If you have any questions, please contact me at
1-800-456-8652.
Sincerely�
�CL�t��t���
Glen E. Berhow, President
G. B. Core, Inc.
.
P. S. We have completed the titlz insurance, Phase I study, and as of yesterday we do have the
occupancy permit.
`ER •
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' _ ��i..
ENGINERB6UItCIERS
i.
(920) 434-6820 Fax (920) 434-6821 1-800-456-8652 2014 Glendale Avenue P.O. Box 906 Green Bay, �^JI 54305
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•
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CLASS N
LICENSE APPLTCATION
• THIS APPLICATION IS SUBJECT TO REVIE�V BY THE PUBLIC
PLEASE TYPE OR PRPIT IN IV'K
CITY OF SAIDIT PAUL
O:tice of License, Inspecdor.;
and Environmencal Protection
35) 5� Pav Sti Svnc J00
Svm Paui. W onezcn 5510?
(651)=66-9090 f.vi(6511=b6-9:_�
LICEISES ARE �iOT TRAitiSFER•:BLE
P�YbIENT �ILiST BE RECETVED �VITH EACH APPLIC9TI0\
Type of License(s) bein� applied for. �CLG l/ C� 1 KG� L!j t l �CC�I J"Yr � vt7Yt� 5 i�Q ��`�
—r
Projected date of opening __
CompanyNamz: LJ��3�
C
ZE
ora[ion Parmzrship / Solt Propriztorship
•
If business is incorpora[ed, give date of incorporation: I C 1 v�
BusinessDlame{DBA): � BusinzssPhonz:iv�� 17�1�3--��
Business Addrzss (business location): S� ��'� �� ��� ` �� � i rv�N S S� ��
S[rezt(R,Namz,Typz,Direction) Ciry Statz Zip—�
Benceen what cross streets is the business ]ocated'. �Vhic side o£ he street.
Ate the premises now occupizd? �� �Vhat Type of Bu GL��� SCl �I. �� G1,1 G�]� �
Mai] To Address (if different than businzss address): 1'i� ,'w X �� G{ �� �� ���'�
Strztt (K, Namz, Typz, Dirtction) Ciry Stare Zip-4
Applicant Information: l 1„ L ,� �v-' �V�?6 �1�
Name and Title: ���X �eS �� i'fi
Fvst � ,Yliddlz (b(aiden) Last T¢Iz
Homz Address: _ _Z �� �< t ( �/1 1 �Q('�� �
S[rezt (�, Name, Type, Direcnon) L Ciry Sta[ i 4
Datz of Birth: ( Z- IS — S� Place of Birth: ��� Ct �'1 �1'>Gt Home Phone: {�� ��� -���
Have you ever been convicted of any felony, crime or violation of any city ordinance other than naffic? YES _ NO X
Date of arrest:
Charge: _
Conviction:
List licenses �chich you currenfly hold, formedy held, or may have an inrerest in:
�,�,CO�ZE��ivC �� a C�isCatn��� I�G���I C�ti�
Ha�e any of the above named liceases ever been revoked'? YES X NO If yes, list the dates and reasons for revocation:
Ace ou � to operate this business personalty? YES NO If not, who will operate it? �S/I Gt d't Gt i� cy�
�'ecl �l'1 `�G��E' �
Firs; Namz htiddlz lnitiai (Maiden) Last Date of Bir,'n
Home Address�
CiJe�� Caw`�%i� ,�
Stree[ (m, Name, Typt, Direc[ion)
Arz you ¢oing to have a manager or assistant in this business?
opzrator, plzase complztz the following information:
� FirWame
Middle Ininal
Homt Address� Streec (�, Nama, Pypt, Direction)
Where?
Sentence:
� �'��V�
Ciry
__ _ YES
(biaiden)
Ciry
S[ate Zip�3 PhoneFumbc; �
\O If the mana�er is not the same as tne
Last Datt ot Bv�n
( �
Stam Z�p+; phona M1umber
09/01/1999
Please ]ist your employmert[ history for the previous five (5) year period:
Business/Emolovment
Address
O 1 'q�
List all other officers of the corporation:
OFFICER TITLE HOME
NAV1E (pf£ce Held) ADDRESS
(�.Q tn E� �e v�G�c� � Pres ��etit �-
HOME
PHO�IE
2�'� (;Pt� Ivl I I�CC(�
�' �kt (/I , C�
BUSINESS
PKOVE
If business is a partnership, p]ease include the foilowing information for each partner (use additional pa�es if necessary):
.,��.ivarne �(iddle[aitial
Humr Address: Street (T, \ame. 7ype, Dfrection)
FirstName h]iddlelnitia!
Home Address: Street (R, Name, Type, DirectioN
Ciry $tate
Ciry 5[are
Last
Cast
DATE OF
BIRTH
Date
-S
of Bvth
Numbtr
M[NNESOTA TAX IDEYTIFICATIO�I NL1�B ER - Pursuant to the Laws o£Minnesota,1934, Chapter 502, Article 8, Section 2(270.72
(Tas Clearance; Issuance of Licenses), licensing authorities are required to provide to [he Sta[e of Slinnesota Commissioner of Revenue�
the Mianesota business tax identification number and the social security number of each license applicant.
Under the Minnesota Govemment Data Practices Act and the Federal Privacy Act of 1974, we are required to advise you of the following
regardin� ihe use of [he Minnesota Tax IdentiFication Number.
-This infonnation rnay be used to deny the issuance or renewal ofyour license in the ecent you owe Minnesota sales, employ er's
withholding or motor vehicle excise taxes;
- Upon receivin� this infomta[ioa, the licensin� authority wi1( supply it only to the Minnesota Department of Revenue. However,
under the Federal Eschange of Information Agreement, the Department of Revenue may supply this infoimation to the In[emal
Revenue Service.
NIinnesota Tax Iden[ification Numbers (Sales 8 Use Tax Number) may be obtained from [he State of Minnesota, Business Records
Department, 10 River Park Plaza (612_Z96-6181 .
_,__ -- ) ---
—� — � - ---
----
A'tiaazsota Tax iuznti6cation Numoer:
1L1 If a Minnesota Tax Identi£tcation Number is not required for the business bein� operated, indicate so by placin� an "X" in [hz boc.
CERTIFICATIOV OF WORKERS' CO�IPENSATION COVERAGE PURSUANT TO MI�ESOTA STANTE 176.182
I hereby ceRify that I, or my company, am in compliance with the workers' compensation insurance covera�e nquirements oft�Iinnesota
Statute 176.132, sabdivision 2. I a[so understand that provision oFfalse infonnation in this ceRification constitutes sufficient grounds for
ad� erse action a�ainst a(I license / held, indudi�n revocation and suspension of said licens
Kame of Insurance Company: VC( �� t 0� 1� U7 (� i� ��0 � ��� � 1 � �S . f - n�CV� ��l 1 �(57'Z'� Gl CI �
PofityNumber:_ �'�� �Z7� g—Qf Fi7lCrOG���
Covera�e from _ Z�� to Z(� �
I have no employees covered undzr workers' compensa[ion insurance -
(PIITIALS)
•
09; 0 V I 999
Please iist your empLoymenf history� for the previous five (5) year period:
Business�'Emolovment Address
•
_ List alI other officers of the cocporacion:
OFFICER TITLE
�' (OfficeHzld)
G�(.e �� E �,� �-�,c� � (�r��s
HO�IE HO�fE
ADDRESS PHO`E
�cti��" 2530 L 1�'ccr�(
'V
31
DATE Oi-
BIRTH
)
fl-I�—S"
If business is a par[nership, pleasz includz the foltowin� informztion for each par[nzr (use additional pa�es if necessary):
Humc
hliddle
Strezt (�, Name, 7ype, Direcnon)
fniti�l
BliS[\ESS
PHO\E
Scacz
D!
OI 6
Phor.t humbtr
`•" La;c Date ot B�rch
Homz Address: Street (�, h'amz, Typt, Direction) )
GN State ZiP'� Phone \um6u
Firsc
vIi\�ESOTA TAX IDENTIFICATIO V\U�fBER- Pursuant to the La�cs ofi�finnesota, 195�, Chaptzr �02, Article 3, Szction? (270.72)
• (Tax Clearance; Issuance of Licenses), licensing authorities are required to provide to the State of �finnesota Commissioner of Revznue,
the Minnzsota business tax identification numbzr and thz socia! security number of each license appiicant.
Under thz htinnesota Govemment Data Practices Act and the Fedzral Privacy Act of 197�, we arz rzquired ro advise you of Ihz follo�cino
regardin� the use of the Mmnesota Tax Identification Number:
-This informatiom m�y be used to deny the issuance or renewal ofyour license in the event you owe Minnesota sales, employer's
�vithholding or motor vehicle escise taxes;
- Upon receivin� this in formatioq the licensin� authority will supply it only to thz �4 innzsota Dzpartment of Revenue. Ho�veaer,
under the Federal Eschange of InFormation Agrezment, the Department of Revenue may supply this information to �lie Intzmal
Revenue Service.
Minnesota Tas Identification Numbers (Sales & Use Tas Number) may be obtained from the State of �finnesota, Business Records
Departmznt, 10 River Park Plaza (612-296-6131).
�finntso.a Tas identification Numozr.
� If a Minneso[a Tas Identification Number is not required for [he business bein� opzrated, indicate so by placin� an "a" in the 6or.
CERTIFICATIO� OF lb'ORK6RS' CO�IPENSATION COVERAGE PURSUAhTTO `1[�I\ESOTA STATUTE t76.132
I hereby ceRify that I, ar my company, am in compliance «ith the icorkers' compensation insurance co� zra�e requiremznts of btinnzsota
Statute U6.132, subdivision 2. I also understand that pro�'ision of false information in this certificztion constiNtzs sufficiznt �rounds for
adverse action agamst all license r held, includine revocation and suspension of said liczns
\amzoflnsuranceCompany: VCj�t�ll T�1) �"1 C li�� ������Cit�l� �S'� n(CV� �ll�Ul7�G1U-�
�
Po�,� i.U— OZ�� f g (�i� ��-{'Ylt�C
Coverage from Z�Cn to Z� �
I hasz no employees covered under «orkers' compznsation insurance
([�[TIALS)
09 01�199�J
A\Y FAL5IFICATIO� OF A\S��'ERS GIVEti OR DI�TERIAL SliB�IITTED
�VILL RESULT 1� DENI.�I, OF THIS APPLICATIO\ Q�— g/
✓
I hereby state that I have answered all of the preceding questions, and that the infotmation contained herzin is true and coaect to the bz;t
o f my knowled�e aad belief. I hereby sta[e fucther Ihat i have received no money or other considecation, by way of loan, gift, contribution,
� or o[henvise, other than already disclosed in the application which I herewith submitted. I also understand this premise may be inspected
by police, fire, heal[h and other city officials at any and all times w�hen the business is in operation.
> �,�.t%� � �C (\ � � L �
Signature (REQUIRED for all apptications)
Prefeaed methods of eommunica[ion from this office (plzase tank in ocdzr of -"L" is most prefzrczd}:
x Phone Number with area code: (�� ) �� � b�� Extension
(Circle the type of phonz number you have listzd abo�'z: usmess Home Cell Fax
2�
Phonz Number with area code: L ) Extznsion
(Circle the type of phonz number you have listzd above: Business Home Cell Fax
Mail: �� �. ���CX �(Sn ��ZElit %�IZL1 ��
Strez[ (�, Name, Typz, Direcnon)
Intemet
Address
�Ve rvitt accept pa}'ment by cash, check (made payable to City oE Saint Paul) or credit card (DlasterCard or Visa).
Z�p-1
IF PAYING BY CREDIT CARD PLEASE CO,bfPLETE THE FOLLO L�Ii\'G INF02iL4TlON: � MasterCard � �"i>a
EXPIRATIO� DATE:
� ❑�/�❑
-�.4�::,..
Yamc of Cardholder (pleasz
•
ACCOIJ\'T NUMBER:
■■■■ ■■■■ ■■■■ ■■■�
of Card
all
Datz
**\ ote: If this application is Food �Liquor related, please contact a City o f Saint Paul Health Inspector, Steve Olson (266-9139), to rzvie�v
plans.
If any substantial chan�es to shucture are anticipated, please contact a Ciry of Saint Paul Plan Examiner at 266-9007 to apply
Por building permits.
If chzre ace any changes io the packin� loc, floor space, oc for new opecations, please eontacc a City of Saint Paul Zonin� Ir.spectoc
at266-9003.
All applications require the following documents. Please attach these documents when submitting your application:
1. A detaited dzscription of the desi�n, location and square foota�e of the premises to be licensed (site plan).
The followin� data should be on the site plan (preferably on an 8%i' x 11" or 8%z" x 14" paper):
- Name, address, and phone number.
-'Ihe scalz should be stated such as 1" = 20'. ^N should bz indicated toward the top.
- Placemznt of all pertinznt features of the intzrioc of the licensed faciliry such as seatin� areas, kitchens, offices, rzpair arza,
parking, rest rooms, etc.
- If a requzst is £or an addition or expansion of the licensed facility, indicate both thz currzn[ azea and thz proposed expaasion.
2. A eopy of youc Izase agreement or proof of o«necship of the property.
SPECIFiC LICENSE APPLICATIO\S REQUIRE ADDITIOVAL I�iFOR��IATIOi�T.
PLEASE SEE REVERSE FOR DETATLS >>»
Pa�er
Pa�er
09/01/1999
If applying for,
ot ,
Cabaret adult, pleue attach written proof that each emptoyee is at (east 18 years old.
Conversation/Rap parlor adult, please attach written proof that each emptoyee is at least 18 years old.
Enfertainment, please specify class A, B, or C license; obtain and attach sigaatures of approcat from 90% ofyour nei�hbors w(ch�n�
350 feet of the establishment. Ttiis license must be appiied for in conjunction with a Liquor, tiVine, Malt On Sa1z or RentaLDance
Hall license.
Firearms, please attach a letter with the following infotmation: state if selling or only repairing, Federal Ftrearms License \'umber,
type ofArmed Services discharge (Hoaorabie, General, Bad Conduct, Undesirable, Dishonorable, or no mili�ary service. (\OTE:
Establishment must be commercialty zoned.)
Game room, please providz the following infortnation: name of machine and list price. (�;OTE: A Poo1 Hai1 license is required if
there are any pool tables in thz establishment.)
Heal[h/Sports club adutt, please attach written proof that each emp]oyee is at leas[ 13 years o[d.
Liquor off/on sale, refer to attached liquor applica!ion.
DIassage center, please attach a detailed dzscription of the services being provided.
blassage center adult, please attach written proof that each employee is at teast 18 years old. -
blassage practitioner, please submit proof of successful comple[ion of tcritten and practica! exams from [he City of Saint paul
authorized examiner; submit insurance certificate showing covera�e ofS 1,000,000.00 each genera( Iiabiliry and professional tiability
cvith the City of Saint Paul named as an additional insured, and a 30 day notice of cancel(ation; submi[ proof of affiliation from a
licensed City of Saint Pau( therapeutic massa,o,e center or state licensed hea][h faciliry .
blotorcyde dealer, please include State of Minnesota Dealer Number.
�erv motor vehicle dealer, please incfude State of Minnesota Dealer Number.
i
Parking lot or Parl:ing ramp, please include the number of parkin� spaces, and attach plans containin� a geaeral description of the
security provided at the lot/ramp, a site plan showin� driveways of the proposed tot and the legat description of the property (this
requirement necessary only if no site plan is curtently on file). Attach a cover letter describin� yourplans to comply with the lighting
and painting requirements.
Pa�cnbroker, please attach 55,000.00 Surery Bond.
Second hand dealer-motor vehicle, please include State of Minnesota Dealer Number.
ei�YCte ari`s, ease ttac 5;060.00 Surety Bond. T
_ � �$�
Steam room/bath house adult, please attach written proof that each employee is a[ least 13 years old.
Theater adult, please attach «ritten proof that each employee is at least 18 years old.
•
09i0 V! 999
� Core Suppliers: Pa�e 17
D/ �
Click on underlined names to vie�v �.i'eb sites.
•
MI_CHIGAN CONT.
i Street
:idman, MI. 48893
17)644-2695
x t517) 644-5695
IUMB AUTO CORE
85 Ryan Rd.
iro, MI. 48723-9579
17)673-2826
MINNESOTA
!LLER AUTO & TRUCK PARTS PPLE6ERRY'S SOUTHE
15 Chicago Drive MISSOURI
jnd Rapids, Mi. 49509-1602 260 Perimeter Lane
6) 53&5000 Lebanon, MO. 65536-5320
c (616) 538-4159 (800) 321-3471
iail: �artinfoC�salvagelink.com Fax (417) 588-4002
�
� Cloud Drive
�, MN. 5549
755-7534
i121755-2602
Paul, MN. 55101
2) 222-1644
Hawatha Avenue
:apolis, MN. 55406
724-341 S
�
170 Troy Lane North
1aple Grove, MN. 55369-4557
i12)428-8329
ax (612) 428-8509
MISSOURI
6 Hunning Rd.
h Ridge, MO. 63049-3012
)) 328-0053 ! (314) 677-3660
& N AUTO PARTS INC.
i17 W. College
�ringfield, MO. 65806
17)865-2231
E.
MO. 65806
ix (417) 864-6414
�CORE (NC.
i29 N. Golden
�ringfield, MO. 65802
1 � 864-625
5 N. 21 st Street
Louis, MO. 63107
4) 421-5585
: (314) 421-1436
Page 17
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�.-.��.�... _ ' .__' �� jm .+�
�AZf1IZDOUS WASTE;GENERATOIt, l�CE `;=�: �;�''�:=, : ':
o>=�� Saint Paul - Ramsey County Department of Public Health Telephone: 651-773- 4 6
Environmenta] Health Section FAX: 651-773 -4454
Solid & Hazardous �Vaste Compliance Program
1670 Beam Avenue, Suite A
Maplewood, M� I 5� 109
HAZARDOUS WASTE DISCLOSURE & MANAGEMENT PLAN:
Please print or type all information. Keep copy of the completed form for your records and send the completed
original to Ramsey County Environmental Health Sec�ion at the address listed above.
A. GENERAL INFORMATION.•
EPA ID #:
Alternate Coutact: GI, 2 t` (�pr �{o�zJ
Company Site Name:_G � epr'� �L f1L,
Company Address: ,�('�') � v5 � J� t1 e City: �� � p'RU 1-, Zip Code: S�IO (
Mailin� Address (jd,�eren:): S�/�'1 �2
Zip Code:
incipal Products or Service:_ �/�v7o pl�l^/S Sp� �'�5� � SIC Code:
�
Contact Personnel:
ContactPerson: rYec� Gonzl��,'�S
Job Title: y��,�
Phone Nzrmber: (�q S ( - '� `� -SOoo
�. - ... -. .
, �• , ,,
ti.. f I 1`..�9 t .�^.
i � ��.��i� �m�' J
i`'
Job Title: presec�e.t'�
Phone Number: 9 `a C7 - �1.� �- ��c��
Emergency Number: � S(- �( -03 �� e e� , Emergency Number:
�
�j - / S-tx�
Date
prlrs[ or
m��P� �
Title
g.�-..�omce�wortl�hazlfortnsVicense 2.doc (10/7997) `
l
VV
\� Compfefe one column (items A fhrough O) for each regulated waste. Attach addiiional sheets as necessary.
4 Column 1 Colu n 2
O�ce Use O r�� flnvontnnr±�l \ . f .
A) WasteName
B) 4-digit Hazardous t�aste Code(s}
C) Yeaz Waste was First Produced
D) Physical State (circle)
E) Source ot Process of Generation
F) Amourtt per Year
G) Type of Storage Con[ainer(s) (circle)
H) Storage Location (circle)
I) On-Site Management Method (circle)
.n Treahnent or Shipment Frequency
K) Transporter Name
. �
Y3'l /d0
��
solyd liquid gas sludge
rn �po
�j eO O
soli liquid gas sludge
° _ A � -a_ � ,
,�
drum parl bottle original containe
underground tank above grom:d tank
other
indoors � outdoors
burnarfuel recycled neu�rali=ed
accunvulate treadsewer
aov �,
!rum pai[ botde original caitaine
underground tank above ground tank
other
indoars outdoors
I
� linres per � year(s)
e.o m v
�Rv�
NQ Desi�nated Facility Name
N) Designated Facility ID Number
O) Designated Facility Mana�ement
Method (circle)
C�.o m �
�(,�,U��
CX timesper j year(sJ
�l recycle incinerate burn as fuel recyc[e incrnerate
tion neutrali=e land disposal chemical fixation neutrali=e Imid disposa!
other treadsewer other
p
_ __.. .' _. . �_ �...«, -._. _.�. ...�vu���TJ'�' Fy.� .. _ �.;
� ' ase print or type ali information. Complete one column (items A throuqh OJ for each regulated waste. Sign the
tplefed fomt.,
Company Site Name �� C'or e 1/� Epq �p�
Coiumn 1 Column 2
O�ce Use Only (inventory #) � � �
A) �Vute Name _
B) 4-digit Hazardous Waste Code(s)
C) Year Waste was First Produced
D) Physical State (circle)
E) Source or Process of Generation
���a
soli liquid gas sludge
. -� .,
F) Amount per Year
Type of Stora�e Container(s) (circle)
I H) Srora�e Location (circle)
� I) On-Site Management biethod (cirde)
I 1) Treatment or Shipment Frequency
� K) Transporter Name
� L) Transporter ID Number
� M) Desi�nated Facility Name
N) Desi�nated Faciliry ID Number
�zsi�natzd Facili[y Mana�ement
Method (circle)
3 �C�o ��35
� ��
solid liqurd gas sludge
�/ zs�
�� pau oottte orlgtna[ container drum pail bott!
underground tank above ground tank :rnderground tank
other other
indoors outdoors (�daors
urn as fuel recycled neutralised burn as fuel recyci
accumulate treat/sewer � acc:rmulate t�
' e+' �,c� P r,.n,.. i, Q... Yd.Q o hei
times per year(s) _�___ times per
year(s)
aurn as�ue[ recyc[e incinerate burn asfrel recycle incinerate
chemical fication neutra(i>e lond disposol chemical fcYatron neutraliae land tZisposal
treat/sewer ather treat/server other
confainer
outdoors
g���..�o�ceiwosdViazSformsUicense3.doc (�0i1997)
Piease print or type all information. Comptete one column (items A through Oj for each regulated waste. Sign the
completed fortn. � t�(� J �
l � � Column 3 Columr� 4
O�ce Use C
A) WasteName
B} 4-digit Hazardous Waste Codz(s)
C) Year Waste was Fint Produced
D) Physical State (circle)
�I
solid liquid ; gas sludge
i
salid liquid 'gas sludge
E) Source or Process of Generation
F) Amount per Yeaz
Gj Typz of Stora�e Con[ainer(s) (circle)
H) Storage Location (circle)
I) On-Site Managemznt Method (circle)
J) Treatmznt or Shipment Frequency
K) Transporter Name
L) Transporter ID Number
Ivn Designated Facility Nazne
N) Desi�nated Facility ID Number
O) Desi�na[ed Facility Management
Mzthod (circle)
f certify underpenalty oflaw that 1 have personally examinetl and am famili:
fhat based on my inquiry of those individuals immediately responsible for c
accurate, and complete. 1 am aware that there are significant penalties
impris n
` ��1, � e Y �.1
S�gnature
or
�
'rum pai! bottle original container
underground tank: above ground tank
other
i
indaors ! outdaors
accumulate treat/sex•er
o[her '
times per year(s)
'
'rum pail bottlef ariginalcontainer
underground tank � above ground tank
other i
indoors
burn as juel
¢ccumulate
other
times per i year(s)
ncinerare ourn as,n�et re cte tncenerare
land disposal chemical firatian n trali�e land disposal
treat/sewer other
chemical firation
treat/sexer other
tb the informaEon submiffed in this and ai! attached documents, and �
ning the information, l believe that the su6mitted informatiort is iru=, �
submitting false informabon, inc/uding the possibility of frne and f
9 - IS-d� �
Qate �
Title i
•
�
File Name:
Address:
Ci�y
�1- 9�
TARGET RESOL UTIONINFORr1IATI01�'
G � cOC_._ ��.s�
t .�} Z`9
A � £ ' m`vi .
� `-a 'P�vS� 4'' .:"- ti:-:-\
S�— � � � Zip: �S
Inilia[ and rlate one of the four status categories below t{:rtt applies to tkis con:pany:
"�i ��\S � W Active (5700-1?, Liczn>z Applicatioq Tae ID, Y: Bill Prep)
_ _/ / One Time Only (One Timz Duciosure)
� � Inactice (I.imbo) (Yarrative)
_ _�_� Deactive (Dzad Zonz� (\on-Gzn CzRiflcation, 8700-1? Updam, Rlor
Kartative)
Con:tnents:
GENERATOR CL,4SSIFICATIONBILL PREP INFORMATION .:_-,...-
. __ _ ._.
. -. � • -.- . ...,, :;..- :
PREPAREDBYi CJ_= �\:� " DATE:S/�_S /a> '',_';`„�
` . LiceiueXear -
Geneiation Start Date: ��! � S lce� = i Late Registration Penalty (Yes - o _=
- ' ..-,. �__--_•:._.
Fee Category� A V S L� _ Application Fe� - iVo)
Create Manifest File (Xes =�O -, ; _ --
r,,....,.,::.�: ,
DATA ENTRYRECORD
• Entered By: ��/'�'�-- Date: (0 /L(/ � i
�'1[-/"7 I �/�,�
g:\....\office\word�hazlformsltar�zcdoc (II/1997)
0�-9�
Please rint or ��r �%=�a° �^'� �'o rs;,�r_ c,�,�s g-�c-�
p type with ELITc .y?? (12 chzracters per inchJ in th_ ursnzded ar>as onty �sa xo czas-E?a�cr
Preasarefertothatnshvettcns . ..--- Date Received
�,F,,,�N,��ra��t�e Notification ofi Re ulated
ecmp�enoq tl�is torm.: Tne �'� � (For Official Use Onty)
intormat7anraqueatedMrais � ,EPA
���.�«��,��a ,.� Was�e �ctivity
Resov�eConsrsvatron = ,
f�eareryRctj, '` �- - :. , .
f. lnstatlafbn's EPA ID Number (lAarir X' irt the approprtafe troz) -.
;� (�'A. Eirst No88eatron ,', � a � ete Item C j�n '��C. Insialll Cwn's Ei A ID Nu� 6er � I -
L—�
ri.Nameofinstafiation(!rx&ideeorttpanyandspec7htsi�ra;ne) _.
'.CI ,� ��� �Z�n�C� � � 4 � ( { { � � � � � � { { -
IH.� LocaBon d�sYailation (Ptiysical addr�' � y � P O. Boxor Raute NamberJ �_
StreeL . . , - . . ° �
- �.:�^ � C . � . � �, „ C. I
Sfree!(Corrfltmed) �� .. _ , • .
� ....... . : .: ... . ... . : . e �., . . . . �-. ��.-. . : , . . . :._ . _ .. ::
I I , � I
Cit�torTown';<�, �.,� . � � . . Sta� Z1pLode _°. . . _ -
'
_S i w � i; � �il n. S j I/ Q f-
.g,, " - , ,
counh coae : Narria . ^. . . .. _ . _ .
2 R A `1 S n Y I � I
N. Insiaflation Mailinq Addrzss {See tnslrsfcUoruj �,
y -:.. .. - . : ........ . .. . . .. -
Sireei w P.O. Sox �"_ _ " . ' ' � ; . " ' , � _ _ _ � . _ .
S ri��_ � � �� � �
Ctty or Sown .� �� - .. , . ' - state Zip Code -
�. —
V.'1nsm1{ation Contac2 (Person ta be contscted regarrllrrg waste activNies at siteJ "
Mame (Iast} ,� ;; �_" : _� � �<R : � _� .- (Flrst) `i_ ' ._ �
s�c n � e 5 � ' e cl
Job 71fte � Phone Nu'mber (Rrea Cotle artd Number) - -
i� a n a' r' � �> S 1 �/ 3- s o � b
YL tnstatlaiton Cantact Addresa (See lrrsfructlonsj
ACoruraciAddreas ; .. . . , .. .
lorstlat 1W ikz4 ; QtMt � 8. SiR6t Ot �.0. 8ox �":: ..,} ..
��n�n� ux�. ,�
VIL DNinership (See7risfrvcfforrs)
tl Nsrtie M instaltation's Legai Owner ;.. `�' .�;: z .; . � : . , .
c T � .:i n C.
..,;��. c �:�r:,^� � � �, �x,.° %�
Stree;.P O.-Boz, ot Route Nienber, .`� � z'�, ..',�,, s .�, ,.,.,....
,<_�z��,. ,
c:� ! Y +; �. E n d��, � �-� � �' �
., or rown a�f �� . �-� . . , srste -�
� e�� I� � � �' i
.z .'3�:��„.- _ �. . , � �-° �'> . � 8 IanQType C Oxmetiype O.
PhonePlum6et(Area`CadeandNvmber) , s - - .,;
�� �,_ _� U £ �s� Ye
EPA Fotm 8700.t2 {Rev. 11-30-93) Prevtovs edition !a obsolete.
r=<
. s--�: .; •. �
I
i . .
3 c .s -
>wnaf f _ . ° (Date Cha�Jotl) .,Li �: �
= �;�.�Month-i - DeY -' sYeer
�
Cantlnued on Reverae
0��91
Please fIfIS Of ��'� a�T�eC OM$ NO 2)$:rw23 E.pvgS ¢3G38
p type wi:h cLI7E type (t2 characters per inch) ir, ne unsbadecl areas only GSt No
16 - Far Officiai Usa Onl -
� I 4�, �>, f 1. 4 .:.
VfIL Type af Regulated Waste Activity (Mark'C'!n Ehe approprtate bores; qeter ia lrsswetransj
.. � . " A_ Hazardous Ytaste Activity .:- � � � :, -". B. Used Oil RecyGing AdivRies =;...
� ; . .. � -
Y Generator(See�Instruct3ons]�' `� `-[� 3 7reater, Storer 'Disposer "(aY t. ilsed Oil Pue! Marketer -
Q:a. Greater than IOWkg/mo (2,200 tbs j "' 7nstattatton) Note �A peimiL� [] a- 1Liariceter Dfr�cts Shipmertt oi�Uxed �
❑�b.100 te 7000 kghno (2062,200 tbs ) iequired far ihis acilvliy; see .°` �i to Ott-Specifiraaon Bumer : .
:� �:c Le`ss tlaan t00 kgtmo {220 ibs) *��.�.`' �� :'ansUUCCons `' - ❑b. Marketet Who �rat Clatrtss ihe Used
'�7rartsporter([ndkateModeiniwxest-5 � 4 .lisiardovsWasie�oel ,: .�='6tlLteetsiheSpeeifkztwns .-"�<
� betov� - a. Generafor Marke6ng to 8umer 2- Used Qil 8umer tndicate 7y�sj of
❑� Forownwastaonty ; " � � .: ..: CombustionDeviee{s�
- Qa U81iry 8oller
Q" ��orcommerc3alPurposes`, a �^�, a8oilerarkYorindusir[alFumace �b.lndusMalBotl� �� ��� "
�, . . =- ` � 3. Smelter Detecral =� ' = c. 3_MustrfaF Fumace '. , s= ,,•-
-'Maie ot T�ar�aporlaHon s 2. SmaI1 �uantily Ezeeiptbn '
3_" Used Oil 7ransporter 1ndleate Type(s)
�.Y Alr - - 7nd"ECate 7ype ot Combustion of AcBvFly{Sesj
2. Rat(: = Device{s} a_ Tramporter
� �
�3.tiighway 1.EJUII1yB�1¢t gb. TmnsterFaclllfy ^�� � -
� 6 Water r � .,' � 2 Endusfr3at 8oifer � 4. Used Oli PracessodR�ner Iad�ate
❑ s "omer specuy �` _ - � ._ ❑ 3.lnausfiat r-umace . � - Type{s) ot acuvStyC�es)
��[] 5. ,11nQergrvund lnjectwn Cantrot ❑a_ Proeess .
�_
-,.e. .,.��. -.r.__ d : n '
� -- ... _ �Jb. Re�refine: .._.
tX. Descriptlon oi Hazardous Wastes (Use aeattlonat sr,aets itnecessary) ,
A CharacteristiCS of Nonlisted Hazardous WasteS. (Mark'X'!n the boses torresponding to fhe chara�}erfstics of �-���
naNistvC haza(Oous wastes yaurinstalfaSon hand/er; See 40 CFR Paris 26120 - 26724)
tµi nhebk r�2Cttroetve 3.Raedtvs 47asldty '��.� • . >..- ��",,.. .. �. . `. 'r,.� _ .�, ,. � �, :
.:��� � - � � (�� �e�stl� �L�t'p"� �_�� ���, for 8„ Taz � m�n,�rnmit:;;
� � � I � �
LJ ,.. , D U C� c= 1
B. LiSted HaZardous WasieS. (Ss� 40CFR261.37 - d3; See rnshuctions !f you need to list more Nan 72 xaste codes.) - --..-.- •
-- � ...-;� ....,,.. _ .. _,,:..
_... � -.._ ,.. .�.
�.i � Z 3 � ..- � - 5
i
'� �
a� � ._`
' '` ==7 ��� `:. g' ;�;�4 . u�p,°.. .�"� 17 � W 72
� � �
C. Othe[ WaStes (State or other wasfes requtring a Mndle� to have an l.D. numder,• See Ins�uctons.) ��': �-�
; �..s . ._ .. .� _v, .. . .
� �. --��.. �. �.:.- �.
�� (i . � �i O x �� p j,7 G� ' ___ -
_ �-� _
-�.. -� � � � .� y (
6
e' � � � /��. � � il � ��1 T�� -
-E . .>. �„�,. ._._ � � L�_
.s .,. _ - „ . �
� �
.._�-,. .>_e, . ...,..:. ... .�_.,
a ^_ .
X �.2�fIfiC2tfOII �. � - `
1 certtfy under penalty ot law that this tlocument and all attachments were prepared vnder my dfrecilon or aupervtsion in accordance wtth a=
syatem deslgned ta assure ihat qua4ltted peraonnel properly gather and evaluate the Informatlon submltted. Based on my Inqulry ot the persan :.
or persons who manage the aystem, or thoae peraons dlrectly responalbie tor gathering the Intormatlon, the In(ormatlon su6mitted Is, to the
beei of my know7edge and beliet, true, accurate, and compfete. I am aware that there are aigniticant penaltles for submltting faise Informatfon,
Includin the osslbill of flne and Imprisonment for knowin v(olatlona,
Signature , Name and Otficial Title {Type or print) Date Signed
�— .�� U�c'�v��-� �i';� �io��z��-tie ih �,a���� I '�s
P:.,
XI: Coriiments '. ' , .. -
•
.�... ,, : >:,. _ . _
Note Mall completed form ta the approprfate EPA Regional or State Ofttce (See SecBOn Ip of ffie booktet for addresses.) �
� � "'� - _ - s^� � � . �
EAA Form 870672 (Rev. 7 7-30-93) prevlous ediflon !s obsoiete.
� .. . . . . ' .S.'.Y_y-.�,_ �. .... . .. . ... . ._.. .. �� w . ..
/ . -' . .
�� ( • � " � •' • "� •
l
� Sai�t Paul - Ramsey County D of Public Health :�- -
Environmental Health Seciion '
��- ��
Sol;d & Hazardous Wasie Compiiance Program C \l �`- `
� 1670 Beam Avenue, Suite A Generator:
Maplewood, MN 55709 - ,
�,.��K.� Telephone: 773-4405 Fax: 773-4454 EPA ID# M N_ - ( � (
.-,,
Address: �' - - 'h - ' City: ' � � ' Zio Code: "' � -
Contact: `^� •, � '--> 1 �-- Title: ���.-- ^�--,c_r Phor,e r: ^" ;- - �
Inspection Date: ��• � � � - � � '
Size: SQG � VSQG
1. License C�rrenVPosted
2. EPA ID Number
3. Waste Evafuation �
4. License Application Submitted � - .
5. Uniicensed Hazardous Waste > 75 Days
6. POTW Reports Available _ . .
7. 15 Days Disposal Prenotification
8. Previous Orders Camplied With ' �
9. Entry Allowed
10. Other
7. W=ekly Contairer Inso2ctions (3 Yrs.)
2. Containers In Good Condition
3. Containers Closed
4. Accumuiation Start Date _ _, , _ _
5. "Hazardous Waste" Marking
6. Descriptive Name Cieariy Labeled ,, �"�, .
7. Containers Compatible With the Waste
8. Proper Ignitable/Reactive Mgmt (50 F.i) ,; ,
� Incompatible Wastes Saparated
Liquids on Impermeabie Surface :.� : -�,.
Storage Tank Requirements
1. Liquids on Curbed Impermeable Surtace
2 Ignitabie Wastes Shaded
Last Inspection Date:
Purpose: lniGa� Routine Fo:io�.v-up Er,�o�cemer,i CorQiaint C!o;ur2
, . . _ . � . . '';.� F ,
.. ,_. . v. , x� _ :1_. . �.,: ' _-u_. :r v_._ �::s`?.`-' L.
1. Max Accumulation Voi -< 7000 kg (VSQG) � 1. `Containers - ClosediGood Conditior„' �
2. 180/270 Day Storage Maeimum , __ -� �Impervious SuAace '
3. SpeM Lead Acid Battery Storage ��;2_`.Labefin9
3. Recycling Receipts (3 yr) , : �
- � 4. VSQG - Used Oil Mixed with D001 Only
1. Relinquishing Control 5. Used Oil Burned Onsite
2. RepoNRecover Spills (649-5451) 6. Tanks - LabelediClosed,'Good Condition/
3. Operate To Prevent Retease Impervious Surface ._ .. ,
4. Adequate Aisle Space _, , _ �,,,,
1. IntemaVExternal Communication
�2.� Communications in the Waste Area
3. Emergency/SpiIl;Fve Eqwpment
4. Equipment7ested/Maintained
5. Notification Sent to Local Authorities (SQG)
�. ,.
1. Proper Manifests
2. Copies Avaiiabie On Site (3 Years)
3. Manifest Properly Completed
�4. initial Copy To MPCA (5 Days)
5. Finai Copy To MPCA (40 Days)
6. 45 Day Exception Report
7. VSQG Coilection Receipts
8.� Recycling/Special Wastes Receipts
9 FeedstocWBy product Bill of Lading (3 yr)
10 LDR Documentation Available (3 yr)
1. Pretreatment Inspection Schedule
2. Inspection Log Matches Schedule
�. �a ie�� _ _..;:a'`.-'�a�'.=.��--E
t. Designated Emergency Coordinator(s) ��
2. Telephone Posting: - ,� � � �
a. Emergency Coordinator(s) Name antl Phone :
b. Locations of Fire/Spiil Equipment
c. MDO/Fire Dept. Pho�e #
3. 3000 kg Storage Maximum 1.
4. Personnel Training Documented
_�, i �: . . a. : , �
1. Removal of HW, Hazardous Materials and
CoMaminafed Materials' � � � � " '
3. Protected - MoisiurefEntrylDamage � �� � 1. UST/AST Registration
2. Speciais Wa'ste Storage/Fluorescent tubes
The items circted above identity viofations noted during the inspection conducted on this date.
• - . . � ,ra� : 'S _ � _ � - - - - _. :, � = '1 �� _ ,_
. . - � o -�
(' (`y „ - , � ' - ' .. � . . , .. . _ " _' _ - _ .
\'� _ .� . U., '_ � ! ..
�
-` _.�! . - , � . ^�4 .. :'�,�;,- -
� -. . ' " ' \, . _ ' _ ' ' ' "
� .C.� _ t� � � � -, .
-. . ��� . -._ = -
.'`�._ . -� _ -�
( .,
`.�...�_ - � _
\� _ .�. < . ..
..� _ .. . ._.
� �
-� c�
... ^.
� � '
v � r ,
' . o. � _ . _
! `, __
�_ ,
A
E'':_ ,
RCEHS 7000 (7997) - � - --- � -- � � - (t) FAe (2) Office Copy ' . (3) Generator Copy - � � . -.
t
, �..�:_
(l � The foltowing tabte cites the piovision from Hfinn Rules', Chapter or the section from the 'QopnryHazardous Waste Management
Ordinance which prov'ides legai auihority for the corresponding Rem on the inspection checklist on the froni side of lhis page. Copies
Q� % 1 of the State Rute can be purchased from the State Documents Division at 117 University Ave., St. Paul, MN 55155 (297-3000).
Copies of the County Hazardous Waste Management O�dinance can be obtained from this depaRment.
�.�. � . ._
_Item ... Rule _ � � .�_:. � �-_ _ '� � � ��z-t_ �:�: =�;� � � .�,:s-.s,.. . < s � ��,� .. .. . . ... . . .. �.:._ _ _ - , ._ _
A. Basic RequiremeMs _ . _
1. RCHWM Ord. Sec. 4.07, MR 7045.0225 5ubp 2
2. MR 7045.0221
3. MR 7045.0214 - 7045.0217
4. MR �045.0240, 7045.0248
5. MR 7045.0243 su6p 3G
6. RCHMW Ord. 4.09
7. MR 7045.0243 subp 3G
8. RCAO Sec. Iil D
9. RCAO Sec. V B
B. Storege Container Requirements
1. MR �045.0626 subp 5', 7045.0294 su6p 2A
2. MR 7045.0626 subp 2` _
3. MR 7045.0626 su6p 4• -
4. MR 7045A292 subp 5C, 6C, SD
5. MR 7045.0292 subp SF, 6F, 862
6. MR 7045.0292 subp 5F, 6F, 862
7. MR 7045.0626 subp 3'
8. MA 7045.0626 subp 7'
9. MA 7045.0626 subp 6'
10. MR 7045.0292 subp SE, 6E, SB2
11. MR 7045.0629
C. Ouidoor Storage Requiremertts
1. MR 7045.0292 subp 5E, 6E
2. MR >045.0626 subp 4`
3. MR 7045.0292 subp 5D, 6D, 7�45.0626 subp 4'
D. Accumu(afion Requirements
1. MR 7045.0292 Subp 6
2. MR 7045.0292 subp SA, 6H, 9
3. MR 7045.0685
E. Waste Management ,
1. MR 7045.0208 subp 2��
2. MR 7045.0275 Subp 2, 3
3. MR 7045.0566 subp 2"
4. MR 7045.0566 subp 6"
F, Preparedness and Prevention
1. MR 7045.0566 subp 3A, 36"
2. MR 7045.0566 subp 5"
3. MR 7045.0566 subp 3C, 3D•'
4. MR 7045.0566 suhp 4"
5. MR 7045A566 subp tA, � D"
G. Shipments
7. MR 7045.0267 subp 1, 7045.0075 su6p 5
2. Mft 7045.0294 subp i, 5
3. MR 7045.0267 subp 7, 7045.0265
4. MR 7045.0265 subp iD �
5. MR 7045.0265 subp 4
6. MR 7045.0298
7. MR 7045.0294 subp t B
8. Projeci Guidelines, Resolution - �97-446
9. MA 7045.0725 subp 5&5, 6A1
10, MR 7045.7375 subp 1G
H. Used Oil and Related Wastes
1. MR 7045.0855 subp 2C, 7045.0990 subp 3B
2. MR 7045.0855 subp 2C, 7045.0990 subp 36
3. MR 7045.0855 subp SC
4. MR 7045.0800 subp 4C, 7045.0855 subp 68
5. MR 7045.0855 subp 3
6. MR 7045.0855 subp 28, 2C. MR 7100.0030 su6p B
I. Pretreatment/pH Neutralization
7. MR 7045.0652, MR 7045.0655 suhp 38
2. MR 7045.0652, lvtR 7045.0655 subp 3E
J. SQG Requirements
7. MR 7045.0292 subp 5H7
2. MR 7045.0292 sutrp SH2
a. MR 7045.0292 su6p SH2
b. MR 7045.0292 subp SH2
c. MR 7055.0292 subp 5H2
3. MR 7045.0292 subp 5
4, MR 7045.0292 su6p 5H3
K. 7erminafion oi Operation
7. - RCHWM Ord. Sea 5.01
L. Misc.ltems
7. MS 116.48 subp 7 "" '
2. Project Guidelines, Resolution - R57-446
' as referencetl in MR 7045.0292 subpart 58, CB
" as referencetl in MR 7045.0292 subpart SG, 6G
Giossary of Terms
AST - Above Gwund Storage Tanks
BP - Byproduct
EC - Emergency Coordinator
EPA- United States Environmental Protection Agency
EflC - Emerg=ncy Response Commission
FS - Feedstock
HW - Hazardous Waste
LDR - Land Disposal ftesiriction Notification
!vlCES - Metropolitan Courtcil Environmentaf Services
MDO - Minnesota Duty Officer
Important Phone �'s
RAMSEY COUNTY _ - 773-4466
MPCA - . 296,6300
MDO " - - 649=545t _ "
MNDOT- =,.405-6060 .�.- .�
MNTAP - � 627-455S
MCES - 602-4703 : - ; -,-,.. -_
AST._ _:__._u_=_297-8665_.._._-,-_ _._
UST - 297-8679 /
MNDOT - Minnesota Department of Transportallon
MNTAP - Minnesota 7echnical Assistance Program
MPCA - Minnesota Pollution Control Agency
MR - Minnesota Rules
MS - Minnesota State Statutes
POTVJ - Publiciy Owned Treatment Works
ftCAO - Ramsey County Administrative Ordina�ce
RCHWM Ord. - Ramsey County Hazardous Waste Management Ordinance
SQG - Small Quantity Generator of Hazardous Waste
UST - Underground Storage Tanks
VSQG - Very Small Quantity Generator of Hazardous Waste
Address to send Manifests:
Minnesota Poilution Control Agency :
- Hazardous t+Vaste Division . -..
Attn: HWlMS . ,..: � , �. .:
520 Lafayette ftoad
':
St. Pau[, MN 55155 __: _ �__ '„ �,� _. _
SEP-07-1?E+0 12�12 FROM CITY OF ST PqUL. L[EP TO �34454 P.091/E��
Q / — � � OFFICF.OFL[CE�SE.[?:SPECCtOSSA.`D
E\h&O�i�(EyTA:. PRO7ECT:0�
Robert Kerrkr, D�•«<e�
•
CITY OF SAINT PAUL
Na�m Caleman, M1fayoi
LDitRY ?ROF''•.SS/ONAL
B'J7IDLVG
Suit: 300
3�0 Sc F<rc. Srr�ct
Sc:ntPcuCS:tnrt<:cta J<rn+l�;n
FALS7MTLE '�`�tANSMZSSIOI�I
DATE: �
To: L
LOCRTZON: _____�
SENDER: (.�
�n �-e'
l� `,_.
LJ
� v
This transmission consists of � paqes (i.ncluding cover sheet).
CoMMENTS:
7d�prtans:b51•2b6Svv0
Facrlmdc 631-1669:?�
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�
• ,
SEP-07-1900 12�12 FF.OM CITY OF ST PAL4. LIEP TO
� /- 91
97734454 P.202iEt78
OFFiCc6f L10E2iSE, RvSPECTS63iS AND
ExvzeoN�vrr� rxo
Rnbert Kcitk� Direcar
. � CITY OF SAi;�'T' PAUL LOw(tY PROFeSSIONdL BUILD.MG Teltphonr: 651-266909r,
NormCalcm¢n,:4�cyor ;SOSl.Pae�Sutu, FaaGuilu 6f1-IQ6-9G99
S�rPmlf, Mianetcra SS17Z-IS10 651-265-9!2;
LICENSE APPLiCATION STJN�1�fARY
•
Date: Thuisday, August 17, 20�0 Q 2:00 P.Li
License ID: 20000000096
License Apglicant:
License Type:
GB Care Inc.
Glen E. Berhow, President
500 Bush Ave.
Recycfing Cottection Center
T�iceuse Couditions: 1. The collection and pzocessing of parts, far shipment, shatl be conducted
insids the buiiding.
2. The business operation at this licensed premise shxli not be in the manner
of an auto salvage use.
3. There shail be no exterior storage.
G. Thc handling and stotage oC vehicle fluids, batteries, atc, shaii be in
accordanez with the Ramsey County Hazardous Waste Regulations.
5. The dumpster must be storcd on the pmgcrt}� and not in the alley, street or
on the public sidewalk
Requiremauts: Environmenta! Health - Approved
Fire - A}�proved
Licensing - Approved with conditions
Zoning - Approved
Pending Adverse Actians: None
Current T.icensee:
LIEP RecommeadaYion:
None
Recoaunend approvai
�����
�� /
• LI�P Staff Representative
�
�
ScP-0?-1900
12�13 FF.�'! C:TY OF ST FqUL LIE° TO
_.�_ti1'� ._��_ __'
�I- �J
�
.
SEP 12�14 FP,OM CITY pF ST PPU� LiEP T�
CITY OF SAT\7 PAUL
Norm Colemarc Afayor
G7734454 P.0�4��H
qfF7CE OF UCEtiS£, FNSPEC7iON5 A1+D
E'iVV1RON�!EYfnt PAOTiCT10N
Rabe.:.l e:s;e�, D�rcctai
LOfYRYPROFFSSlO:VAL BUfLLJ�.tiG
Sui:c 3G0
350 Sc Pucr S:t¢ti
SoinrPaul, MmnesoG^. SSlO:dS:O
�f _�
Ttkpiw�x: 65f •2b6•SGSO
Facr(mtfe: 651-366•9G
651-Jbb91.t
Qecember 2, 1999
Gten Berhow
G.B. Corp., Inc.
2014 Glendale Ave.
P.O. Box 906
Gss�s� 6ay Wi. 54305
RE: 500 Bush Avenue
Mr. Berhow:
G
We had received a comptaint about the refesenced property. I inspected the property on
Tuesday, tVovember 30`". As l drove up to the property, i observed three males in the process
of cutFing up delivery vans. I spoke to a Fred Gonza!es who indicated he was the foreman on
tha job. iie stated that he workad far your company and expiained that they were cutting up
fh�se vehicles as part o( a contract to salvage the metal and reusab!e parts. I explained fo Mr.
Gonzales that this praperEy is zoned t-1 industriai and auto salvage is not permittsd irt this
d;strict. S d;3 aifow him to comptete the salvaging operatioct af the vehides observed o;� th2 sit2
but toid him thaf once this was compfeted, no additionai activity is altowed in the building or
su; rounding property until the zoning, licensing and buiiding re-certification issues are
resoivad. I told hirn I woutd be back today io vesify compliance with my orders.
Per our phone conversation today; you have explained that what i observed on Tuesday was a
one time deaf and that it would not be occurr�ng on the property again. You further exg4ained
that your regular business involves receiving used engine paris from various vendors. You
prepare these engines tar shipment to your headquarters in Green Bay where they are resold.
I requested that you submit a writfen description of yaur business so that this oKce can
determine if the proposed use of the buitding compi;es with the zoning for the propeRy. Yau
stated you woutd do that. Assuming fhe zoning issue can be resolved, it is anticipated that you
will need a business iicense and wiil need to satisfy buiiding and 6re safety Code requirements.
Because of the notification requirements of our ordinance, the length o� time to process a
license is approximatety 45 days. You cannot operate your business untit the license is issued.
I would urge you to get this letter to me as soon as possible so that wa can expedite rssofution
of this matter.
•
Call me with questions a! 6511268-9483.
�����
rence R. Zangs
Zoning Administration
5QObush wptl
SEP-97-1�E3 12� 14 FP.OM
rITY �F ST P4aUL LIEP TO
G7734454 P.g0o�0�E
Sapp/!6r oi
Errgines aM T2nsmissrorrs
lor Aemsnu/actunng
�
Dccember 3, 1999
Liceose IasgecYson Environmental Protection
Mr. Lawrence 2angs
350 St. Peter Strcei, Suite 300
St. Paul, MN 55102
�m;
Per our phpne conversation, I am enclosing this letter per your tequest.
0/
With the intent and purchase ageement at 500 Bush Avenue in St. Paul, t wouid like to reiterate
tfie type of operation we have at G. B. Core, Ina You have staind the zoning is I l, which
irscludes Wa:chousin�, Industrial Mfg„ and Recycting_ Wa ar;, in no way a sal.�„e operatiun
Al[ of our products are engines, transmissiorts, and catalytic converters. We buy these selectivety
ftom s computerized-tectuiical buy guide, which we publish monthly ta our indegendem
supplic.�rs. All we do at our warehouse is a check-in, inspection, and invoicing procedure. The
only tools we use are air contpressors, ait tools, and a forklift. The product is only soried and
warehoused urti3 we get a futl iraifer loacl, and ihen it is shipped back to our main operation in
Green $ay, WI.
•
We stock 6Q00 to 7000 engines here on a fully computerized system, and ship all aaoss the U.S.
to very tazge engine ro-maaafactucing companies. We also export to many countries.
We, in no way, salvage itoms. Evcryihing is purchased seiectively. Our average month in St.
Paul will coasisc of 5100,000 plus in product purchases.
The Frito Lay truck d�l was a one time deal, and as you will sce, we run a very organized, clean,
and professional aperation.
We've been in bus�ness for over 12 years, and have about 14 employees between the 2 divisions.
Thapk you for your attention and consideration. If you have any qaestions, pleasa contact me at
1-800-456-8652.
Sincerel
���������
Cslen E. $echow, President
G. B. Core, Inc.
P. S. We have compteted the title insurance, Phasc I study, and as of yestcrday we do have thc
occupancy pettnit.
�
• iNd I�!\YILDErlB /
1�4�w.4� �
VwerMYrn
(920} 434-6820 Fax (32D) 434-6821 3-800-456•8652 201a Gtandata Avenue P.O. 8ex 9t16
Green 8ay, Wf 54305
SEP-07-19E0 la�ia fP.Oht C[TY OF ST PAUL LIEP TO
?773G454 P.005.�20E
OFFICE OF CICc�S'c. fNSi cCTIG�.S A�D
E�VFRON}fE1v7.AL YROTECT[OV
Itobe•r Krtaler, A�lecrw � / J /� +
�I �
�
CITY OF SAINT PAUL
Nosm COkmcn, A1Gyar
December �0. 9998
Glan Berhow
G.B. Cocp., Inc.
2014 Gtendaie Ave.
P.O. Box 906
Green 8ay Wi. 54305
1.U+�'RYPP.OFESSIOh:1L BvlLDi.iG
Su�rz 300
330 SL Pettr Sr.eet
S¢rnt Pcu( Minxzora SS101
7elrpnona: 63l-266•9�0
Fcci:mitc 651-?56-9i9r
651-266-41?�t
RE: 500 Bush A�enue - Existing Warehouse B�ilding in I-1 industrai Zoning District.
Mr. Berhow:
•
4 received your letter, dated December 3r° 1999, exptair,ing the nakuse of your business
proposad for the property referenced above. This o�ce understands, based on your
expianation, that you witi be receiving engines, transmissions and catalytic converters at this
location and tnat your business operation does not inciude the removat ofi ihe parts from a
vehicle (ie. auto salvagej, but rather, the collection af these salvage items. it is further our
undarstanding that the oniy processes perform on these parts, once received, are ensuring
they are drained oi any fluids, invoicing the individual part and preparing it for shipment back to
your headquafters in Green 8ay.
The operation, as you describe it, appears s;mifar to a shippingJreceiving wholesafa operation
which is a permitted use in the t-1 industrial zoning distric#. The change'in use fram warehouse
to who�esaling tloes not require ar,y a8di;ional off-sireet parking per ths C�ty's zoning
ordinance. Therefore, zoning has no objecfion to this proposed use provided you obtain a
business license for a ReCyding CoileCtion Center, 1 have enclosed the license appGcaYion.
Please complete this application and retum it along with the license fiee of $164. 00, to this
offiCe. The processing tima for this license request, because ot notification requirements
mandated by city ordinance, can taka between 45 to 60 days, You cannot start your business
until this fiCense is issued. We wiil do what we Can to expedite but we need you to complete
the appiication, to begirt ihe process.
You will afso need to satisfy any requirements of the State Suilding Code and Fire and Safety
Code for the proppsed changa in occupancy of the building.
Ca€f ine with ques4ions at 651t266-9083.
��
. '
a�� �.
awrence R. Zangs
Zoning Administration
SOObuS.w�C
•
SEP-6?-1°�0 12�15 FP.OhI rjTY GF ST PaUL LIE?
laspeclion Notes:
TO
G P.Qe�/�Eb
a1- g�
Acting on a compfaint we received. f inspected the refierenced praperty on Tussday,
November 30,1998 at about 2PM.
As } drove up to the property, t observed three males in the process of cutting up deiivery vans.
•
There were three cargo box and a fruck chassis visibie from the street, in ths front of the
building. One of the cargo boxes was being loaded onto a fla# bed truck when t pulled up tQ the
property. S s�ke Eo a Fred Gonzales who indicated he was tt:a ioreman on th� job. tie statad
that h2 werked for yaur comparty ard expiained #hat t�ey ware cutting up these vehicies as pa� t
oi a contract to salvage the metal and reusabie parts. Mr Gonzaies iead me into the building
where I observed chassis, truck tires and assorted materiai stacked inside the 6ui}ding. Thera
tivas an acetylene torch near the ove�ead door a�d evidence of its recertt use in the building.
He said the metal was being pick up by Great Westem lron & Mtetal for recycling and the
remaining parts were being shipped to your piace in Green Bay WisCOnsin. He indicated that
this was a specia! ptojecf and that ha anticipated it being comp4eted by the next day. 4
explained to Mr. Gonzales that this property is zoned I-1 industriai and auto salvage is not
permitted in this disfrict. I also kold him that the use of acefylene torches to cut up these
vehic{es might exceed the occupanay type that the bui{ding was certified for. { to{d Mr.
Gonzales that the observed activity was not legal and that it wauld have to cease. I did aliow
him to complefe the salvaging operation of tha vehicfes observed on the site but told him that
once this was completed, no additionai activity is ailowed in the building or surrounding property
until the zoning, licensing and building re-certification issues are resofved. I to(d hirtt I would t�e
back to verity compliance with my arders.
Thursday, December 2, 1999
Spok� with a Glen @erhow by phone in Green Bay Wf. Mr 6eshow exptainad that what i
observed on Tuesday was a one time dea[ and that it would not be occurring on the propsrty
again. He further explained thai his regular business involves receiving used engines trom
various vendors. These engines are invoiced and prepared for shipment to G.B.Corp.
headquarters i� Green Bay where they are resotd. He stated that there is no processing of the
parts oth2r than making sure fluids are drained. Mr 8efiow stafe� that !ha fluids are captured
and transported back to Green Bay for proper disposai. i fotd 1Jir Berhow that he should put the
description of his business in writing. Sent ietter summarizing conversations ai�d arders to
cease business activities in build;ng until City issues are resolved.
`J
SEP—H7-1900 12�15 FP.OM CITY OF 5T PRUL LIEP TO
977344� P.008i00E
�1
� IQ Nu.�er 282773t1657
Cin:
Fee Cuner
SUSAN M OOLCE
03096 CLEVFLA110 AVE N
ROSEVt�tE rix SSt732506
Sa% 6Wner
iHONA2 N LEE
00500 &1SH AVE
37 PWL !R! SS1�i416Q
HOme9teeder
2CHIAG [CMPLAIN7 4iORK5XEET
Comp[aint Oate 17-24-99 2a+ing Oata
Received Da:e '17-29-99 Date Receired
Yard 6 Responte Datn
P(annin9 Distriet OS {nspectcr Nurber
iartiag �istriet �� ( Aeitsp. Qate
� caaptaint rype
Comptaint lxatien R¢spome
500 9USN AYE SS70t
20MINC
THE FOLIWING !S STAYED 67 TNE CPMPUtINAN7....
�15MANTlED SHElLS OP TRUCKS PARICEO 2N iRONt OP
BLDG. 8RINGING ENGIAES OF YENL[LES ]NTO BLOG.
Ccr,plainent tntorxation
HRS flARTELL
P�cxe: n<•s�bz
Referred By;
iNW AND CpIP4AINT OFFICE
Atso Sent To:
.._......""' ..................................."-•-"' •""-"-""-"----'--'-'-'-'--' -'-'-'-�--"'. _. _.. _....
: Co�lainT : Re9nepett . Re8pon9e . Respome : Reir,spect . Response . Response : Reznspr_t . Response _ Response :
. iype . Da2e . Dace . Type . Date . Date . 7ypc . Date . Uate , Type .
-° •--...-.".-'--"--'--"-----'-'-----------'-------'----------°-°-----'----'-------"---' ..... ... .......
• . . . . . . . . . . .
""' ...................."•"'...__...'•""•"'••"•""••"'•"""""-'•"- ""-'•"'.._..."-.._..'--"""'
"""'•"-"'-'•-""'-""--"'-""-"""--"---'-----"'--'-- -'---"-----'--•----'--'--'---"'
RE3GONSE XENU
A. No io�iny viOlatSort ai this tim.e•
8. Orc+ers issued.
t. viote�ion tag issued.
D. Vio(etion eorrttted.
E. Mo viotation at t�is time, wilt monitor.
F, iramferred to apprepriaie departicent.
G. Covrc perMing.
H. Ac�iniserative review pnnCing.
I. Extensi0n Drertted.
J. OtAar (see comrcn[s)
�
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CCMPIAINT 7YPE
t: Resfdential Huto Repair
2: 62her Nwme Occupation
3: Parking
4: EXterior Store9e
5: iltegal Business
b: Numhcr ef Oceupents
7: Daplex
8: Site Ptan
9z SCUP/VariatKe
70: $iB�S
Sl: NiSCELl8T1LWS
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� UCF-9(SCA01/9a)JUtlgmentantlNOt¢eoiJU
�
State of Minnesota
Couxrv
: .;:se.r
NAME AND ADDRF_SS
- -t.;ort�er_j �lec*_ric 7
Plvntiff .
lt � =.. .=0d;. ^OcC
- .�L Ju. ✓.�'__
K.
NAME AND ADDRFCC
>.�. tiCT' _"aC
Defredam
n
Onom FOR
JVpGMFNT ON
Ci.vn+MO
� Cwtmx
Cuw
c _5 �:...�... ..�'.�tL�Or it. ,.,.
a 1,�� ��v /1/r����,�
MimGcn.R.RS. 516
CoIIC11i3t10Il C011LC
� JaDCC[u. Dis�atcr
�a
�ec�izd
NAME AND ADDRFSS
��ff
R
ZiP
n.
� NAME AND ADDRF.SS
�
DcfeMan[
xi
Cns� No.
�°—..--:°_
D
y
m
ZIP
j=a ?dti:. -i- �J�i�lq 9P I � ZIP
Appearances: � Plaintiff ❑ Defendant ❑ Neither P�ty ❑ Contested Q Defauit
Upon evidence received, IT IS HEREBY ORDERED:
.�_ '• '- is entitled to judgment against ' for the sum of
$ - , plus fees of $ �- , disbursements of $ , and conditional costs of
$ , for a total of $ -' '
O judgment shall be entered in favor of � (without damages).
p 's claim is dismissed wi[hou[ prejudice.
❑ 's claim is dismissed with prejudice.
❑ shail immediately return
IO [he
, and that the Sheriff of the county in which the property is located is
authorized and directed to effect repossession of such property according to M.S. § 491AA1 subd.5, and tum the
property overto
❑ Other / � Memo �. j/ - ` �1=� _ .
_ .1,-
; '_
iuocMeNr
NOi10E OF
)UCGMBR
�scwn
OF JUIXiMFSlf
Judge:
-------�
_.,�... —"'i�
JUDGMENT is hereby declazed and entered as stated in the Court's Order for Judgment set forth above, and the
judgment shall become finally effective on the date specified in the notice of judgment set forth below.
Dated:
Court Administrator/Deputy:
TFIE PART7ES ARE HEREBY noufied rhat Judgment fias been entered as indicated above, but rhe Judgment is stayed by law unui
y ���' _ ccq p.m. (to allow ume fur an appealhemoval if desired).
L___ - ,
DATE TIME
THE PARTIES ARE FURTHER N0ITFIED that if the cause is removed to disirict court and the removing pany does not prevail as provideA in
Rule 524 of the Minnesota General Rules of PrncUCe for Ne Disaict Courrs, rhe opposing party will be awardW $50 as cosrs.
Dated:
Coutt Adminis�atoc/Deputy:
I ceRify tha[ the above is a coirec[ nanurip[ of the Judgment entemd by this Court.
Daud:
Coun Adminis¢amdDepury:
PLAINTIFF'S COPY - READ REVERSE SIDE FOR IMPORTANT INSTRUCTIONS _
���9,
u
COUNTY
JUDICIAL DISTRICT
S6C0(ld
su6d
District Court
CASE NO.
CX-99-8020
ORDER FOR
DISCLOSURE
INC.
THIS 1S
•
ORDER WNICH
T0: G.B. CORE INC. - GLENN CORE (OWNER)
JUDGMENT DE6TOR
Within 10 days you must:
1. Filf out the attached Financial Disclosure Form describing your personaf finances.
2. Mail th+s completed form to the JUDGMENT CREDITOR at the address stated in the box befow.
WARNING: IF YOU DO NOT COMPLETE AND MAIL THE DISCLOSURE FORM TO THE JUDGMENT
CREDITOR WITHIN 10 DAYS, THE JUDGMENT CREDITOR MAY ASK THIS COURT TO HOLD YOU IN
"CIVIL CONTEMPT OE CQURT." lF THE COURT DECIDES THAT YOU INTENTIONALLY DISQBEYED TNIS
ORDER, TNE COURT MAY FINE YOU, PUT YOU IN JA4L, OR BOTH.
This order was issued because:
1. The JUOGMENT CREDITOR has won a judgment in the lawsuit against you;
2. The Court Administrator recorded the Judgment in the o�cial judgment docket more than thirty (30) days ago;
3. You fiave not paid the JUDGMENT CREDITOR ail of the money which the judgment says you owe; and
4. You and the JUDGMENT CREDITOR have not agreed to some other way to settle the debt you owe.
Matl the Ftnancial Disciosure Fortn to:
DENNIS W. WOLFE
Mlp-NORTHERN ELECTRICINC.
Jt1DGMENT CREDITOR'S Name
2815 DODD ROAD
Address
EAGAN MN 55121
City/SUte Zip
651-452-3996
Telephone
BY THE COURT:
10l12l1999 Michaei G. Moriaritv
Date Court Administrator
� � �a��
�Y / ! ( CG�LtI� �{ "�—
Deputy
. Distribution: Original for fiIe Copy for Debtor (� mailed Qdelivered on 10/12/1999 ) Copy for Creditor( � mailed Qdelivered on 10/12/1999 )
vs.
READ REVERSE SIDE FOR IMPORTANT INS7RUCTIONS
llCF-23 (8t84}
Affidavit for Order to Show Cause
�
�
State of Minnesota
DI��/ w5 <��,�
s� a,s�,�<< eo4� � I
.L ��STRICT CASE h0 I
e niJ �' X - �'S'-c�'Oa0 I
YYI. D- IJoR`t�»e � 1 ec_7`,e; �
vs.
%J �-�/) �_.," n`c �.'.;;' T a ) �
Plaintftf '
�7'yj ','tt�..�y^'•:�*f''5.�.�
�efendarii x
A�FlDAV1T IN SUPPORT OF
ORDER TO SHOW CAUSE
.1«' •
_ .' '_'�.1�"
:? v1'sFY'�v�, , " _. - _ . .
i5:4y �YS6� _.... -.... - .
°'``''' '�'�'� State of Minnesota
Counry of ! � �/�
1
�
.
m; �, 1o (c"th2�ti ��e �'n2r � , the JUDGMENT CREDITOR in the above named mz!ter,
makes the tollowina statement under oath:
That the JUDGMENT CREDITOR filed a Request for Order for Disciosure 2nd that an Order for Disclosure
was issued by the Clerk of this Court on �CTc� �j £2 1'� � 5' S�7 ,
That more than ten (10) days h8ve gone by, plus time allowed for mailing, and the JUDGMENT DEB�OR
has failed to provide the information requested by the Order for Disclosure; and
That the judgment has not been satisfied.
Therefore, the JUDGMENT CREDITOR asks the Court to issue its Order, directing the JUDGMENT DEBTOR
to appear and show cause, if any, why the Court should not find the JUDGMENT DEBTOR in civii con-
tempt fior intentionaily faiiing to obey the Order for Disciosure.
Subscribed and sworn to before me
on , s�t� � , 1 s LL— .
.
!. HOCH
—MINNESOTA
a�; ?,�.�
JUDGM�^1T CRE�ITOR'S Authori ed sig ture ar.d ?�::e
�l �iuJts L..'(.JOt��.
Print JUDGMENT CRe0170R's Name
� � .�.�.�Lt�+COrt�E�kesJen.31.2000; �. .. - " . - .
� �+ s t x:�. �
� _ .0 .� - s�SMa%��� - �.'9= �. . __ . , y, z .
�
'�:�_
State of Minnesota /� /
' ' County of Ramsey L/ /� 9`
JERRY LESNAH
MID-I30RTHERN ELECTRIC INC NOTICE OF CASE E'ILING
2815 DODD RD
. EAGAN MN 55122
Case Title: MID-NORTHERN ELECTRIC INC., [58987650)
vs. G.B. CORE INC., [589876507
You are notified that case number CX-99-8020 has been assigned
to this matter. Please include this number on all subsequent filings,
including correspondence, to this office.
ASSIGNED TO:
Dated: Oct 13, 1999 By:
.
.
Court Administrator
.---
�
�
•
e
�
�ss'�
�_ �
7anuary 4, 2000
Ramsey CounTy Disirict Court
Civil Division, Room 600
IS West Kelloga Boulevazd
St Paul, Minnesota 55102
Re: Case Number CX-99-8020
Dear Sir:
Enclosed is a check in the amount of $10.00. Please issue a writ of attachment.
Thank you.
Jerry Lesnau
Office Manager
Mid Northern Electric
a1- q�
MID-NORTHERN ELECTRIC
Commercial. Industrial and Residential Wiring
2815 Dodd Road, Suite 101 • Bagan, Minnesota 55121 • 612/452-3996 � Fax 612/686-4987 __
rIID-NORTHERN ELECTRIC INC
2815 DODD RD
EAGAN MN 55122
•
State of Minnesota
County of Ramsey Ql� (a
!
NOTICE OF CASE FILING
Case Tit1e: MID-NORTHERN ELECTRIC INC., [58987650]
vs. G.B. CORE INC., [58987650]
You are notified that case number CX-99-8020 has been assigned
to this matter. Please include this number on all subsequent filings,
including correspondence, to this o£fice.
REE'EREE MUSKE SIGNED A CIVIL ORDER EOR WRIT OF ATTACFII�IENT QN 12-27-99.
THERE IS A$1Q.00 FEE REQLTIRED TO I5SL7E A WRIT OF ATTACFiMENT. ALSO,
IE YOtJ HAVE A BIRTH DATE AND/OR PHYSICAL DESCRIPTION, PLEASE INCLUDE
THIS INFORI�SATION. THAI3K YOU.
Dated: Dec 30, 1999
�
Court Administrator
C �
J
•
State of Minnesota
County of Ramsey
aJ-9/
MID-NORTHERN ELECTRIC INC NOTICE OF CA,SE FILING
2815 DODD RD
EAGAN MN 55122
•
Case Title: MID-NORTHERN ELECTRIC INC., [58987650)
vs. G.B. CORE INC., [589876507
You are notified that case number CX-9S-8020 �as been assigned
to this matter. Please include this number on all subsequent filings,
including correspondence, to this oFfice.
REFEREE MUSKE SIGL3ED A CSVIZ, ORDER FOR WRIT OF ATTACHMENT 013� 12-27-99.
TAEF2E IS A$10,00 E'EE REQi3IRED TO ISSL3E A WRIT OF ATTACHMEN`I'. ALSO,
IF YOU F3AVE A BIRTH DATE AND/OR PHYSICAL DESCRIPTIOI3, PLEASE INCLL3DE
THIS INFORMATION. THANK YOU.
Dated: Dec 30, 1999
\_J
�
�
Court Administrator
: � �^ ,� '��-"-
-� :� �� �-"�',� � ��`
s . ;., � _ - ;�� �-` �r-� �,
�
� �.w _., � �„
.. _ .. -,.r;�:'�'���-'�'��
_ - _ ..�., :�-�r��
°'�JERRY LESNAH
MID-NORTF�ERN ELECTRIC INC
2815 DODD RD
�AGAN MN 55122
����/
NOTICE OF CASE FILING
Case Title: MID-NORTHERN EI,ECTRIC INC., [58987650]
vs. G.B. CORE INC., [58987650]
You are notified that case number CX-99-8020 has been assigned
to this matter. Please include this number on all subsequent filings,
including correspondence, to this office.
ASSIGNED T0:
Dated: Oct 13, 1999
•
State of Minnesota
County of Ramsey
�
Court Administrator
L J
� �`.t
�£
,�-
_ E � 3 Y`� ��# _� ' ' `{'y
.,_ -.- "c —H - S T S}3$ -
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i
STA'T'E OF NIINNESOTA
�
DISTRICT COURT
��f �f
� COiJNTY OF RAMSEY SECOND JUDICIAL DISTRICT
1�-NORTE3ERN ELECTRIC INC.
vs.
Plaintiff,
G.B. CORE INC
CIVQ, ORDER
FOR
WRIT QF ATTACHMENT
Court File No.: CX-99-8020
Defendant,
The ahove entitled matter came on for a hearing on the 27TH day of December, 1949.
at 10_15 (a.m.) before the undersigned Referee of District Court. Although given sufficient and
proper notice of this �iearing, the �ldefendant failed to appear or to present any reasonable
A.ul �u�7/
grounds fos�doing so. Therefore;
IT IS ORDERED that a Writ ofAttachment be issued for the arrest of said person, and,
•
IT IS FIJRTI�R OI2DERED that, subsequent to an said person GLENN CORE
shall:
Be retained in custody and brought before the undersigned at the eariiest
opporiunity, or in the absence of the undersigned, the neat available District Court
7ud�e. - - -
Be admitted to cash bail in the amount of
ap r before the undersigned.
and scheduled to
Complete and surrender to the arresting agency, the attached form known as the
"FINANCIAL DISCLOSURE FORM". Upon completion of this form, the person
may be released with no need for further appearance, and the officer shall ensure
that the form is marked with the file number above and retum it to the Civil Court
Administrator's office.
• Dated: �y---�i� � �
RE V 5/99
BY URT:
Referee ofDistrictl urt
� � �� ; � i � G
� .�, s.�f s a� ` l !
�,- /
STATE OF MINNESOTA
COIR3TY OF RAMSEY
�
In Re: MID-NORTAERN ELECTRIC INC., [58987650]
vs. G.H. CORE INC., [58987650]
Case Number: 62-CX-99-008020
MID-NORTHERN ELECTRIC INC
2815 DODD RD
EAGAN MN 55122
N O T I C E O F D O C K E T I I3 G
.
� I� rS / Page 1 of 1
! 7l
SECOND JUDICIAL DISTRICT
ST. PAiTL, MINNESOTA 55102
O F J U D G M E N T
You are hereby notified that a Judgment was entered on April 8, 1999
in favor of MID-NORTHERN ELECTRIC INC., [58987650]
and against G.B. CORE INC., [S8987650]
and was duly docketed on September 3, 1999 at 08:28 a.m. in the amount
of $4,218.84. Costs and interest will accrue on this amount from
the date of entry until the Judgment is satisfied in full.
A true and correct copy of this notice has been served by mail upon the
parties named herein at the last known address of each, pursuant to the
Minnesota Rules of Civil Procedure.
Michael G. Moriarity, Court Administrator-Civil Div.
Dated: September 3, 1999
By AMY GELHAR
Deputy
651-266-8256
��
•
CDSCJlQ � (� f �'!
6G0 I/90 � 1 I V�X 4 ll � � I� I %� Ali AU.07, wbd.$ SS0.0t I
�1`9�
=m � D -nl o�l�e�� � iecTK� � .�,n� �
a8�s Do�p t2�Rd ��ni
.�q��� /71 N SSiaa,
Pfaintiff,
vs.
G a. C aR E Trv c
$4� !�� E,�ee t3ur�E2 ���, � E E
� �a� I� m na 55! o�
Defendant.
TO: THE COURT ADMINISTttATOR CONCERNING:
REQUEST FOR
ORDER FOR
DtSCLOSURE
GSE NO.
�,.6.CoRE TN�
COwNE�2) �le�N (�PR�
JUDGMENT DEflTOR'S NAME
Sq� �ieR(°e S�,�S.eR )Zo�c E
Address
s� Q,q-ut rn� ss�o�
City/5tate
Zip
The )UOGMENT CRED4TOR states that:
1: The )UDGMENT CREDISOR fias won a}udgment in this lawsuit against the jUDGMENT DEBTOR.
2. The Court Administrator recorded the judgment in the official judgment docket more than thirty {30) days ago,
�,,. 3. The JUDGMENT DEBTOR has not paid all of the money which is owet! to the )UDGMENT CREDITOR, and
� 4. The JUDGMENT CREDITOR and the jUQGMENT DEBTOR have not agreed to some other way to settle the debt.
� The JUDGMfNT CRED{TOR REQUE5T5 that ifie Court order the JUDGMENT DEBTOR to fill out a financiai
,Disclosure form, and maii it to the )UDGMENT CREDiTOR at the address shown befow.
The statements made in this request are true and
correGt the best of m� ow edge.�
Yt.<r+zTp �.r.
` tS .
1UDG T CREDITOR'S Authoriz d sign ure and tide
Print JUDGMENT CREDtTOR'S Name
d81 S' %�a D 6� n A�
Address
�'t��,� m,� ssrar
cmrsu�e z�v
�s/-4sa- 399�
Telephone -
1UD�CW. D�SiRICT
_ � - .._._ �._ .......�.<..ti.e� + _ ..,..-.��..... ��.�.:::-=W...r..��. " , _.� .� _ d, . ,;;.' - . w � -�=
n�Ka cm� da�rwew� e�,�a �
_ ". „;'�> ,� �- - - ,„.
-- - - . _ r ." s .'-�"`�_"_ �
COUD7 OF MTNIVESOTA,
TI' �F RAMSEY
°"'�"� CERTIFICATE OF SERVCCE OF PROCESS � J"�/
I hereby certify ttiat on the � day of � L(.
, 19 ��/ in [he Counry of Ramsey, State of ivlinnesota, I duly served the following:
_ Affidavit "
__ Nor'ce of Cancell t'
����t and Order in
Supplementary proceedings
__ Execution & Notice of Lew
� Financial Questionnaire
� Gaznishment Summons
� Motion
_Notice oFMotion
_ Other
��N THE FOLLO WIIVG PARTY:
_ By personally Ieaving a copy with
_$y leaving a copy at the place of
a ion of
Corract for Deed
,_ Orde; [o Show Cause and Ex Patte
Tem�oryry Order for Protection, Pe[ition &
Affi�avit
_____ Ord� ior Harassment Hearing
____ Ordz; .o Sho�v Cause
� Orde: to Shorv Cause/SIS by
Exhibicing Si�nature of the
Hanomble
._ lnteaogatories and Demand for Production of Documents
' �- La� �G
Fct,d �'a � Z – 'Nla�aqtf'
I lefr with
attendanceand ]m ei g
CERTIFIGATE OF NONSERV7CE
ce��l' �at I received the attached civil process on forc
'd that after a due and diligent search and cacefui inqui
the fofiowing p�on(s):
- - . . � I � �� a���
Time and Date:
Sed process is retumed
on Unimown at Address
uch Address
n Moved, New Address Unknown
e � e7�S O Lf
. a - •S"o
s
—�_
$ �SD
/- _-
CERT � C� � ��
sum of $
�_ gamishment/fevy fees
the sum
� � � J � _.�� � �
� � � • ' .�` � r __
�
Date:
�---�..____ �-___—_
_ Petition
_ Subpoena
_ Summons
_ Summons & Complaint
_ Summons & Complaint in
Unlawful Detainer
____ Summons & Petition
_ Writ of Restitution
's usual ayode with
a person of sultable age and discretion then residing therein
witness fees for
: to find or make service of said r
p ocess
ae and Date:
�. _
-^ 4 (5199)
.ro ShoW Cause
MID-NORTkiERN
G.B. CORE, 4NC.
�s.
� �� / / M.S.487.3U
Civil
�ICIAL Dff
Second
a999
Depury ORDER TO
SHOW CAUSE
.
� � ��.,�
.. �r �.;,� i i.;;s
�ry:� _ . �`� �
� �
Upon reading the Affidavit in SuppoR of Order to Show Cause, and upon ail of the files and records and the
motion of the JUDGMENT CREDITOR;
� fT IS ORDERED, that G.B. CORE, INC., the JUDGMENT DEBTOR, personally appear
before the Court at Ramse County Courthouse,�15 W. Ketlogg Blvd., St. Paul, Minnesota 55102
ROOM
. COURTROOM
On December 27 1999 ,at 10:15 (a.m.), and show cause why the JUDGMENT DEBTOR
DATE
should not be ad}'udged in contempt of court for failure to provide the information requested by the Order for
Disclosure.
oated ll /�( � � _
,
. ..'rn.f��� ��' _
�W`
o�-9i
MID-NORTHERN ELECTRIC
�
�_ _
December I, 1999
Commercial. Industrial and Residential Wirina
(
�� L `-�`� r �
✓ `s
Ramsey Counry Sheriff
Attn: Civil Process
14 West Kellogg Blvd.
St Paul, MN 55102
Dear Sir:
C;
�;,;- %y3,G'/'
I am zequesting that the Ramsey County SherifF ofFice serve notice of Ordec To Show Cause to
G.B. Core, Inc. I am enclosing the original Order along with a copy . The address of the plainriffbeing
served is 893 Pierce Butler Route E, St Paul, MN.
After the notice is served, please mail the completed forms to my attention in caze of Mid Northem
Electric, 2815 Dodd Road, Suite 101, Eagan, MN 55121.
I am enclosing a check in the amount of $35.80, which is the fee I was quoted.
If you need any more information, please call me at 651-4523996
•
Thaal you
� J 2 '�� ��f�Y.4c-�
em, Lesnau
Qffice Manager
Mid Northem Electric
_ _ _ _ _ _ _ __ _ = �: �: � � � ';: .� , `. -_= -'_ ° �., � 0 � 8 5 �= �
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?rotect the Earth
Page 1 of 5
�l' L f
� Saint Paul - Ramsey County
�, �epartment of Public Health
J���J�J������ J�J� JJJJJJ� 1��J�JJ� J���JJ����.'��f'�!��Il
��� Protect the Earth
J� JJJJJJJJ�JJ�J�JJJJJJJJ�JJJ�JJ�JJLJJJJJ�JJ� J�JJI
PROTECT YOUR CONIMUNITY BY MAHING SivIART CHOICES ABOUT:
Household Hazardous Waste Products you use at Home
Many household products you use to clean your kitchen and bathroom, maintain your car and
home, and control animal and insect pests contain hazardous materials. If you use or store
these products carelessly, you can make your family and yourself ill. If you dispose of them
improperly, you can harm waste disposal workers, water quality and wildlife. When these
products are no longer needed or useful, they are considered household hazardous waste
(HHW).
Household hazardous waste (HHW) has at least one of the following properties:
. Toxic - Poisonous or causes long-term illness (such as cancer)
. Reactive - Can explode (when exposed to heat, water or shock)
. Flammable - Burns easily
. Corrosive - Eats through materials (acid, for example).
. If you see these SIGNAL WORDS on a product label:
WARNING! Corrosive �QQP out of reach of
children
Danger'. POISON'. Aispose of properly
Caution Flammable Use with adequate ventilation
THEN:
. Consider buying a less toxic product.
. Read the directions before you buy.
. Follow the directions carefully.
. Read and understand the first aid instructions.
• IF YOU HAVE LEFTOVER PRODUCT:
http://www.co.ramsey.mn.us/PH/pro_erth.htm
10/3/2000
;'rotect the Earth
Page 2 of 5
�1�91
. Keep it in the original container and make sure it is labeled.
� • Store as directed on label, in an area saFe from children & pets.
• Give leftover product (except pesticides) to someone else who can use it up.
. If none of these options �vork, be safe and bring the leftover product to a Ramsey County
Household Hazardous Waste collection site. Call (6�1) 773-4488 for a recorded message
on site locations and operating hours.
DISPOSAL OF HFIW IS COSTLY!
Bringing HHW to collection sites is much better than putting it in the trash, but disposal is
costly. Waste collection and disposal is funded by the waste management service charge which
is paid with the property tax. Sefore you buy, consider the following costs to process and
dispose of:
Latex paint -$5.00 per gallon, Oil base paint -$9.00 per gallon, Gasoline/solvents -$3.45 per
gallon
Remember: it costs less to buy only what you need and to use what you buy.
J� JJJJJJ��JJ���'J� JJ��JJ���� J��� JJ��J�JJJf JJ��JJISMART
WAYS TO RECYCLE HOUSEHOLD HAZARDOUS WASTE:
• FLUORESCENT AND HIGH INTENSITY DISCHARGE (ffiD) LAMPS
. These lamps are very energy efficient and long-lasting. Using them will help lower our
electric bills and may reduce the need to build new power plants. However, fluorescent
and high intensity discharge (HID) lamps also contain a small amount of inercury, a toxic
metal that can affect the nervous system. For this reason, it is now illegal to dispose of
these lamps in the trash. I3ID lamps - such as mercury or sodium vapor lamps - and
fluorescent lamps are now being recycled in Minnesota. The Ramsey County HHW sites
will accept only HOUSEHOLA fluorescent and HID lamps.
. For information on recycling lamps from businesses, call the Saint Paul - Ramsey County
Department of Public Health, Environmental Health Section at (651) 773-4466.
MOTOR OIL AND OTHER AUTOMOTIVE FLUIDS
. In Minnesota, it is illegal to put used motor oil in the trash, on the ground, or in sewers.
State law requires anyone who sells motor oil to either accept used oil or post the nearest
location for used oil drop-of£ Other automotive fluids, such as brake, transmission, or
power steering fluid, must also be recycled, and can be mixed with used oil for recycling.
Oil contaminated with antifreeze or solvents cannot be recycled. Many automotive service
stations now recycle used antifreeze. Used antifreeze may be poured down a sanitary
. sewer (through the toilet or laundry tub drain). Always flush with plenty of water. DO
NOT pour down the drain if your home is connected to a septic system. DO NOT pour
down a stormwater sewer. Take it to a friend's house connected to a sanitary sewer or to
http://www.co.ramsey.mn.us/PH/pro_erth.htm 10/3/2000
Protect the Earth
Page 3 of 5
D/
a service station that accepts antifreeze for recycling. Starting in January, 1997, it will be
illegal to dispose of antifreeze in sanitary sewers.
� . For a listing of used motor oil and antifreeze recycling outlets near you, call (651) 633-
3279 (TTY for the hearing-impaired: 651- 649-3005}.
MOTOR OIL FILTERS
. It is illegal to put used oil filters in the trash. To recycle them, used oil filters should be
thoroughly drained. Some hold up to one quart of oil. Some locations that accept used
motor oil may also accept used oil filters.
. Call (651) 633-3279 �or a list of outlets near you.
J��IJJ�JJJ� JJJJJJJ�JJ�JJJ�JJ� JJ� JJJJJJ�JJ�J�JJJJVJISMART
WAYS TO MANAGE MATERIALS NOT ACCEPTED AT COLLECTION SITES:
AMMUNITION AND EXPLOSIVES
. Call your local police department for instructions on safe management.
APPLIANCES
. It is illegal to dispose of washers, dryers, refrigerators, microwave ovens, conventional
• ovens, stoves, ranges, air conditioners, trash compactors, disposals, dishwashers, freezers,
hot water heaters, residential furnaces, and dehumidifiers in the trash. They can be
picked up by an appliance recycler, or taken to a processing center where hazardous
components are removed and the scrap metal is recycled.
. Call (651) 633-3279 (TTY: 651- 649-3005) for names of appliance recyclers or the
location of a certified appliance processing center.
ASBESTO5 WASTE
. Asbestos tile, siding and insulation waste, if removed by a homeowner and not an
asbestos abatement contractor, may be disposed in the trash. For proper disposal, the
waste should be dampened with water, enclosed in one 6-mil or in two 3-mil piastic trash
bags, and labeled: Danger, contains asbestos fiber Avoid creating dust Cancer and lung
disease hazard.
. Ask your trash hauler if they will pick up a household quantity of asbestos waste. If they
do not pick up asbestos waste, call (651) 633-3279 (TTY: 651- 649-3005) for assistance.
. For information on safe ways to remove asbestos-containing material, call the Minnesota
Department of Health at (612) 627-5019.
BATTERIES
• . Lead Acid batteries are car, motorcycle or marine batteries. Under State law, anyone
who sells lead acid batteries must accept up to �ve used batteries, free of charge, even
from non-customers.
http://www.co.ramsey.mn.us/PH1pro_erth.htm 10/3/2000
Protect the Earth
Page 4 of 5
�1-�1
. Button batteries are small, disk-shaped batteries used for hearing aids, watches, and
other small devices. Many retailers (such as PROEX Photo) who sell them accept the used
• batteries for recycling when you purchase new ones. These also can be disposed of in the
trash.
General purpose batteries include alkaline, carbon/zinc, or heavy-duty types, and are
used in toys, flashlights, and portable radios. Most of these batteries are not recyclable. In
Ramsey County, used general purpose batteries can be disposed in the trash.
Rechargeable batteries are a type of reusable general purpose battery. The newer
rechargeable alkaline batteries may be disposed of in the trash. Other types, including
Nickel-Cadmium (or Ni-Cad) batteries, and the appliances that contain them, may not be
disposed of in the trash. The batteries can be taken to one of several outlets (such as
Radio Shack) for recycling. Some places that sell lead acid car batteries may also accept
rechargeable lead acid batteries for recycling.
For a listing of places in Ramsey County that accept lead acid, button, or rechargeable
batteries, call (651) 633-3279 (TTY: 651- b49-3005). If you do not know what type of
battery you have, call the Environmental Section at (651) 773-4444 for assistance.
DffiED PAINT
. Dried latex or oii-based paint may be safely disposed of in the trash. Call (651) 633-3279
(TTY: 651 - 649-3005) for information on how to safely dry latex paint. It is not safe to
dry oil-based paint at home. Instead bring liquid oil-based paint to a household
• hazardous waste collection site.
EMPTY CONTAINERS
. Product containers such as aerosol cans, when they are completely empty, may be safely
disposed in the trash.
NON-HOUSEHOLD BU5INESS WASTES
. The Itamsey County Household Hazardous Waste collection sites accept only household-
produced wastes. Non-household waste that is hazardous must be managed as a business
hazardous waste.
. Call the Saint Paul - Ramsey County Department of Public Health Environmental Health
Section, at (651) 773-4466 for more information.
SMOKE DETECTORS
. Smoke detectors that contain a small amount of radioactive material should be retumed
to the manufacturer for disposal. I£ that is not possible, dispose of detectors in the trash.
TIRES
• . Anyone who sells tires is required to take back as many tires from a customer as that
customer buys. There also are places that will accept used tires for a fee.
http://www.co.ramsey.mn.uslPH/pro_erth.htm 10/3/2000
Protect the Earth Page 5 of 5
� !' q'/
. For information on tire recycling, call (651) 633-3279 (TTY: 651- 649-3005).
� � JJJJ�J�JJ�JJJJJJ�JJJJJJVJ�JJJJJJ� JJJ�JJJJJJ� JJIFOR
MORE INFORNIATION CALL:
.(651) 221-2113 Ramsey County Poison Control, in case of accidental exposure.
.(651) 633-3279 for more information about HfIW and for ways to safely handle HII�V not
listed on these pages. TTY for the hearing impaired: (651) 649-3005
.(651) 773-4488 for a recorded message on hours and locations of Ramsey County's HI�W
collection sites.
•(651) 777-8156 Ramsey County Extension Service, for proper use of garden pesticides.
.(651) 773-4444 Saint Paul - Ramsey County Department of Public Health, Environmental
Health Section, for information on the HHW management program.
� JJ�JJ�JJJJJJJJJJ�JJJJJJ��IJJ� JJJ� JJJJJ� JJJVJ�JJI
MAHING SMART CHOICES WHEN MANAGING YOUR
HOUSEHOLD HAZARDOUS WASTE
WILL PROTECT TAE EARTH
NOW AND FOR FUTURE GENERATIONS.
• L��Return to top of oase
��
•
;.J"1��i �� ':
http://www.co.ramsey.mn.us/PH/pro_erth.htm 10/3/2000
•
6
�
�
sAtNi
PAUL
�
AAAA
CITY OF SAINT PAUL
Norm Co(eman. Ma}•or
SEPTEMBER 21, 1999
TpM O'MEARA
2851 CAVELL AVE S
ST LOUIS PK MN 55426
DEPARTMENT OF FIRE AND SAFETY SERVICES
Timothy K. Fuller, Fire Chief -
DIVISIONOFFIREPREVENTION D 7—� J
Steven Zaccard, Fire Marsha!
� /
jpp E¢st Eleventh Street Telephone: 651-228-6230
Saint Paul, MN 55101 Facsimile: 651-228-6247
RE: 89 PIE �RCE BUTLER ROUTE C 88�893 C No�. o UnIONS
�
Dear Property Representative:
On AUGUST 20, 1999, a Certificate of Occupancy inspection was made of your building at the
above-property location. Approval for occupancy will be granted upon completion of tt�e attached
Corrections List. The items on the list must be corrected immediately. A reinspection will be
made after OCTOBER 21 1999, or as othenvise noted.
Failure to do so may result in a citation or the revocation of the Certi�icate oE Occupancy. Tha
Saint Paul Legislative Code requires the maintenance of a Certificace of Occupancy. The Saint
Paul Legislative Code also provides for the assessment of reinspection fees equal to one-half of
the cercificate fee for each inspection beyond the first reinspection.
AT LIST OF CIES RE T�IR RESPONSIBIL TY A� OF THE
For inquiries about orders or requests for altemative methods of compliance, call me at 228-6235
between 7:30 a.m. - 9:00 a.m. If you consider theseli a�t ons for appeals may be the
may appeal to the Leoislative Heazin,, Officer. App �
City Clerks Oftice, 170 City Hall (266-8989) within 10 davs of the date of the oriRinal orders.
Corrections requiring construction, electrical, plumbing, heating, sprinkler or gas piping woik
must be done under permit and with the approval of the Building Inspection and Desion Division,
350 St. Peter S[reet, Suite 310, Saint Paul, Minnesota 55102, (266-9090).
Please help to make Saint Paul a safer place in which to live and woik.
Sincerely,_, �
' _ _. �,�.� �.��'� sn
,� ry,r
S. J. WING�;-�Pspector - i �
�
Attachment(s)
Cors-3
�l
DEFICIENCY/CORRECTION LIST
SEPTEMBER
�AGE 2
E: 893
21, 1999
PIERCE BUTLER ROUTE 887-893
1. PROVIDE HANDRAIL AT EXTERIOR
STAIRS (889).
34.32(2).
STAIRS, PORCHES, DECKS, RAILINGS.
2. REPLACE BROKEN EXTERIOR WINDOWS
ON BUILDING (893).
34.32 (3) .
EXTERIOR WINDOWS, DOORS.
3. PROVIDE HAZARD SDENTIFICATION
PLACARDS AS PER THE ATTACHMENT
HM-1.
MUFC 8001.7.
704 PLACARDS. PROVIDE HAZARD TDENTIFICATION PLACARDS
AS PER ATTACFIMENT HM-1.
�� . �'yY„s,a�- ;,�u� � �.;� c =.
., .�.��..
:"� �p= ��. �� ��
;� �
��'t".�'k � . ... P
v � �
. �
5. OBTAIN NEW CERTIFICATE OF
OCCUPANCY FOR BUILDING. TENANT
IN $93 REQUIRES A CHANGE OF
OCCUPANCY APPRQVAL FROM BUILDING
DEPARTMENT (266-9090). A NEW
CERTIFICATE OF OCCUPANCY C1�NNOT
BE ISSUED FOR BUILDINC, UNTIL THAT
IS RECEIVED. CONTACT INSPECTOR
FOR ADDITIONAL INFORMATION,
CURRENT CERTTFICATE OF OCCUPANCY
IS NO LONGER VALID.
33.05.
�'
61124
DEFICIENCY/CORRECTION LIST
SEPTEMBER 21, 1999
� AGE 3
E: 893 PIERCE BUTLER ROUTE 887-893
POST CERTIFICATE OF OCCUPANCY/OWNER INFORMATION.
POST CERTIFICATE OF OCCUPANCY IN A VISIBLE LOCATION.
6. PROVIDE ONE-HOUR RATED SEPARATIONS
BETWEEN 893 AND OTHER TENANT
SPACES. CONTACT INSPECTOR.
MUFC APPX 1-A (7},
OCCUPANCY SEPARATIONS.
m�� a � r CS k� � n �b ° 5.° �`R�7
'+.n *;- m,x' ,��'P"ssd�i."'m� ''� .
y �q -_. �+ �' � � Q^'U ew. k+.s'3�rs+9 1 e�fL`:� .
' �N )�'i1����Tyli�� �
J • � i � I � eY0 � �fi � � .
'"°�`�'�''�'^y�, J
y '@
�. � � �
8. REMOVE EXTENSION CORD 893 (AT
RETRACT CORD) A1�TD 889.
MUFC 1107.1.
SPACE HEATERS.
�9. REMOVE OBSTRUCTIONS AT FIRE
EXTINGUISAER IN SHOP (889).
RELOCATE FIRE EXTINGUISHER FOR
FUBL PUMP INSIDE PEDESTRIAN DOOR.
PROVIDE SIGN ON EXTERIOR OF DOOR
'FIRE EXTINGUISHER INSIDE' (889).
�---�
I` \
ol-q/
61124
MUFC 1001.5.1.
FIRE SUPPRESSION SYSTEMS—MAINTENANCE, INSPECTION, TESTING
AND SYSTEMS OUT OF SERVICE.
10. FIRE EXTINGUISHERS MUST BE
SERVICED ANNUALLY AND TAGGED
WITH DATE OF SERVICE (893).
MUFC 1001.5.2.
C�
o�- q �
DEFICIENCY/CORRECTION LIST 61124
SEPTEMBER 21, 1999
�AGE ?
E: 893 PIERCE BUTLER ROUTE 887-893
FIRE SUPPRESSION SYSTEMS-MAINTENACE, INSPECTION, TESTING
FIRE SPRTNKLER TEST. LICENSED CONTRACTOR MUST SERVICE
FIRE PROTECTION SYSTEM ANNUALLY AND PROVIDE WRITTEN
DOCUMENTATION OF SERVICE AND TEST.
FIRE EXTINGUISHER TEST.
11. POST AND ENFORCE 'NO SMOKII3G'
SIGNS ALL AREA OF 893 EXCEPT
OFFICES.
MUFC 7902.1.3.1.
NO SMOKING.
12. PROVIDE SELF-LUMINESCENT EXIT
SIGNS TO LEAD PEOPLE FROM
GARAGE AREA TO OFFICE EXIT IN
893.
MUFC 8001.6.
MSDS SHEETS. PROVIDE MATERIAL SAFETY DATA SHEETS ON ALL
FI,AMMABLE, COMBUSTIBLE, TOXIC, OR HAZARDOUS MATERIALS
OR CHEMICALS ON SITE. KEEP IN AN ORDERLY FASHION AT
A READILY ACCESSIBLE LOCATION. .
• 13. REMOVE OBSTRUCTIONS AT MEZZANINE
STAIRS (893) AND AT EXTERTOR
DOOR (889).
MUFC 1203.
EXIT OBSTRUCTIONS.
14. ALL WASTE/USED OIL SHALL BE
DRAINED INTO AND STORED IN
APPROVED CLOSED CONTAINERS.
CONTACT RAMSEY COUNTY
ENVIRONMENTAL HEALTH 651-773-4466
CONCERNING DRAINING ENGINES,
STORAGE, AND DISPOSAL OF SED
OIL AND RAGS/GLOVES. D
�.
�_ � ...
" ,,,vF��
MUFC 7901.7.5.
�
� � D/��/
DEFICIENCY/CORRECTION LIST 6112a
SEPTEMBER 21, 1999
_PAGE 5
�RE: 893 PIERCE BUTLER ROUTE 887-893
WASTE OIL STORAGE.
15. PROVIDE METAL CONTAINER WITH
TIGHT-FITTING COVER FOR OILY
RAGS P.ND GLOVES STORAGE.
MLTFC 1103.2.1.3.
CONTAINERS/WASTE RAGS.
16. PROVIDE 'EMERGENCY FUEL PUMP
SHUT-OFF INSIDE' SIGN ON EXTERIOR
OF PEDESTRIAN DOOR AT PUMPS AND
DOOR LBADING TO BAY WITIi SWITCH
IN IT. CLEARLY IDENTIFY SWITCH
LOCATION WITH SIGN 'EMERGENCY
FUEL SHUT-OFF' (693).
MUFC 4502.7.
FLAMMABLE LIQL7ID STORAGE/USE.
17. PROVIDE CONTAINMENT AREA FOR
QL3ANTITIES OF USED OIL EXCEEDING
120 GALLONS. MUST HAVE CAPACITY
FOR LARGER CONTAINER IN AREA,
� MINIMUM FOUR INCHES IN HEIGHT,
(893) .
MUFC 7902.5.7.
INTERIOR FLAMMABLE LIQUID STORAGE/QUANTITY.
18. PROVIDE ACCESS TO MED-CAB (887).
MUFC 103.3.
19. REPORTII�SG OF EMERGENCIES. IN THE
EVENT A FIRE OCCURS OR THE
DISCOVERY OF A FIRE, SMOKE OR
UNAUTHORIZED RELEASE OF FLAMMABLE
OR HAZARDOUS MATERIALS ON
PROPERTY OCCURS, THE OWNER OR
OCCUPANT SHALL WSTHOUT DELAY
REPORT SUCFI CONDTTIONS TO TI3E
FIRE DEPARTMENT.
MUFC 1302.2.
.
��"�/
DEFICIENCY/CORRECTION LIST 61124
SEPTEMBER 21, 1999
�AGE 6
E: 893 PIERCE BUTLER ROUTE 887-893
20. MARK ALL INTERIOR AND EXTERIOR
DOORS WHICH ARE BLOCKED BY
STORAGE AS 'DOOR BLOCKED' (893,
889). CONTACT INSPECTOR FOR
LOCATING OF SIGNS.
MUFC 902.3.2.
21. MAINTAIN MINIMUM 24 INCH CLEAR
SPACE FROM TOP OF STORAGE TO
CEILING OR ROOF STRUCTURE (889).
MUFC 1103.3.
22. OXIDIZING AND FLAMMABLE COMPRESSED
GAS SHALL BE SEPARATED BY A
DISTANCE OF AT LEAST 20 FEET OR
BY A NON-COMBUSTIBLE PARTITION
EXTENDING AT LEAST 18 INCHES
ABOVE AND BEYOND THE SIDES OF
STORED CYLINDERS. FLAMMABLE
GASSES SHALL NOT BE STORED WITHIN
FIVE FEET OF EXIT PATHS OR DOORS
• (893) .
MUFC 8001.11.8.
23. MAXIMUM IDEL PALLET STORAGE
HEIGHT IS SIX FEET IN
UNSPRINKLERED BUILDING. LOWER
STORAGE HEIGHT IN 893.
MUFC 81.
24. CONTACT INSPECTOR REGARDING THIS
TRAILER. EXTERIOR STORAGE OF
FLAMMABLE LIQUIDS (IN TRAILER)
EXCEEDING 120 GALLONS AGGREGATE
TOTAL SHALL HAVE ZONING APPROVAL
TO REMAIN IN LOT (651-266-9090)
IF APPROVED TO REMAIN, THEN THE
FOLLOWING ITEMS MUST BE PROVIDED:
1. CONTAINMENT AREA, MINIMUM
FOUR INCHES IN HEIGHT.
2. AIR INLETS WITHIN 12 INCHES OF
FLOOR ON ALL SIDES TO ALLOW
FOR VENTILATION.
3. AIR EXHAUST OPENINGS AT
CEILING TO ALLOW FOR HEAT
EXHAUST.
4. HAZARD IDENTIFICATION PLACARD
. ALL ALL VISIBLE SIDES OF
TRAILER 2-3-1.
MUFC 79.
CITY OF SAINT PAUL
Narm Co[eman, NIa}�or
JUl}'13, 2000
•
Glen E. Berhow
2530 Gemini Road
CTreen Bay, WI 54311
Re: 500 Bush Avenue
Dear Mr. Berhow:
OFFICE OF LICENSE. I\SPECT[O`S A�D
ENVIROV>1E�TAL PROTECTIO`
Roben Kesster, Direcror Q J /j /
� 7
LOWRY PROFESS70.4�L. Te[ephorce: 651-265-9�n�n
B(IILDING Facsimile: 651-266-9u�:/
Suite 30D
350 St. Peter Street
SaintPau(, blinnesota Si1G?-IS/0
The work being done on your building at 500 Bush Avenue, Saint Paul requires permit(s),
and since the use of the buildin� has changed, you would need plan review and approval
before the permit(s) could be issued. Please come to our office within ten business day to
apply for the permit(s) and have the plan review.
Failure to obtain permit(s) may result in legal action.
Sincerely,
Jim West
Building Inspector
•
CITY OF SAINT PAUL
Norm Cotempn, bfa�or
September 6, 2000
•
Glen E. Berhow
2530 Gemini Road
Green Bay, �VI 54311
Re: 500 Busla Avenue
Dear Mr. Berhow:
OFFICE OF LICE�SE, IvSPECTIONS AND
E�'VIRO��IE. iTAL PROTECTIOV
Roben Kest[er, Direaor �
�1
LOWRY PROFESSIO��AL 7elephorse.� 6�1-?66-9✓br�
BUILDI.VG Facsimi[e: 6�7-266-9i.�9
Suite 300
350 Sr. Pzter Street
Sainr Pau(, btiiv�esora 5510?-1310
We have not received any applications for permit(s) for the work being done on your
building at 500 Bush Avenue, Saint Paul, nor has any plan review been done. Please
come to our office within ten business day to apply for the permit(s) and have the plan
review.
Failure to obtain permit(s) will result in legal action.
Sincerely,
3im West
Bt�iZding Inspector
•
C>/'9/
� Chapter 310. Uniform License Procedures
Sec. 310.01. Definitions.
For the purposes of this chapter, any chapter of the I,en slative Code pertaining to licenses as
hereinafter mentioned, and subsequently enacted ordinances establishing ar relating to the
requirements for Class R, for routinely issued licenses, Class T for temporary licenses and Class
N for licenses in which neighbors are required to be notified, under authority of the City of Saint
Paul, the terms defined in this section shall have the meanings ascribed to them:
Adverse action means the revocation or suspension of a license, the imposition of conditions
upon a license, the denial of an application for the grant, issuance or renewal of a license, the
unposition of a Fne, the assessment of the costs of a contested hearing, and any other disci-
plinary or unfavorable action taken with respect to a license, licensee or appiicant for a
license. Adverse action includes any of the foregoing directed at one (1) or more licenses held
by a licensee at any location in the City of Saint Paul. Adverse action also includes disap-
proval of licenses issued by the State of Minnesota under statutory provisions wtuch permit
the governing body to disapprove the issuance oF the license.
Bond means a bond meeting the requirements of section 310.07 and indemnifying the City of
Saint Paul against ali claims, judgments or suits caused by, resulting from or in connection with
any licensed business, activity, premises, thing, facility, occunence or otherwise under these
� chapters.
Building offzcial means the official in the Office of License, Inspections and Environmental Pro-
tection charged with the responsibility of enforcement of the building code.
Chapters and these chapters shall mean this Uniform License Ordinance any chapter of the Leg-
islative Code pertaining to licenses as hereinafter mentioned, and subsequently enacted ordi-
nances establishing or relating to the requirements for Class R, Class T and Class N licenses under
authority of the City of Saint Paul.
Class R licenses means those licenses which can be approved and issued or denied by the director,
subject to the procedures required by these chapters. The following licenses are so classified, and
the numbers shown opposite them coirespond to the chapters in the Legislative Code pertaining to
each license:
Class T licenses means those licenses which must be approved or denied by the director, subject
to the procedures required by these chapters. The foliowing licenses are so classified, and the
numbers shown opposite them correspond to the chapters in the Legislative Code pertaining to
each license:
Class N licenses means those licenses which can be approved or denied only by the council, sub-
. ject to the procedures required by these chapters. The following licenses are so classified, and the
numbers shown opposite them conespond to the chapters in the Legislative Code pertaining to
C> 1
• each license_
Director means the director of the Office of License, Inspections and Environmental Protection,
unless otherwise defined in the specific chapter, section or subdivision refened to.
Division means the Office of License, Inspections and Environmental Protection as the successor
to the former division.
Fee means and includes both the license fee and application fee unless otherwise provided.
Inspector as used in these chapters means the director of the Office of License, Inspections and
Environmental Protection or his or her designee.
License means and includes all licenses and pernuts provided for or covered by these chapters.
License also includes licenses issued by the State of Minnesota under statutory provisions which
pernut the governang body to disapprove the issuance of such licenses, for the puzposes of making
procedures in Chapter 310 of the Legislative Code applicabie to the approval or disapproval of
such licenses.
Person means and includes any person, firm, corporation, partnership, company, organization,
agency, club or any group or association thereof. It shall also include any executor, administrator,
trustee, receiver or other representative appointed by law.
Zoning administrator means the official charged with responsibility for enforcement of the zoning
• code.
(Code 1956, § 510.01; Ord. No. 17085, § 1, 12-6-83; Ord. No. 17303, § 3, 10-29-85; Ord. No.
17569, § 1, 6-7-88; Ord. No. 17919, § 1, 3-31-92; C.F. No. 93-1645, § 8, 12-30-93; C.E No. 94-
46, § 6, 2-2-94; C.E No. 94-500, § 2, 7-6-94; C.E No. 94-898, § 1, 7-13-94; C.E No. 95-473, § 1,
5-31-95; C.F. No. 99-500, § 1, 7-7-99)
Sec. 310.02. Application.
(a) Fornz. All applicants for licenses or pernuts issued pursuant to these chapters shall make both
original and renewal appiications to the inspector on such forms as are provided by the division.
Such applications shall not be received by the inspector until completely filled out, accompanied
by all fees, insurance policies, bonds, deposits, sureties, and indemnifications or certificates
required by these chapters, together with the certification required in paragraph (b) below.
(b) Taxes. No person shall be granted a license or a renewal of a license required by the Saint Paul
Legislative Code unless, prior to and in addition to any other requirements, rules or ordinances
heretofore or hereafter required, the Ramsey County Department of Property Taxation certifies
that said applicant has paid any and all taxes, real or personat, before said ta�es become delin-
quent, on any property, real or personal, situated within the City of Saint Paul and used in conneo-
rion with the business operated under said license.
Notwithstanding the previous paragragh, the council, the director or the inspectar may issue or
• renew a license if it is found that:
01-��
• (1) The applicant has made an agreement satisfactory to the Ramsey County attorney to
pay delinquent taxes in periodic installments;
(2) The applicant has properly commenced a proceeding to contest the amount of tax due
or the valuation of his property, and has made all partial payments required by law in con-
nection with such proceeding; or
(3) The business properiy with respect to which taYes aze delinquent is not owned by the
applicant, but by a lessor, and it would be inequitable to require the lessee to pay such
taYes.
If a license is issued or renewed because of the e�stence of an ag�eement as described in subsec-
tion (1) above, the license may be revoked if the licensee defaults upon such agreement.
(c) Additional information. The inspector shall prescribe the information required to be submitted
by each applicant in his application, in addition to that required by specific sections in these chap-
ters, as may be necessary to carry out and en£orce any provision hereunder. He shall require in
every case the applicant to submit his name; business or corporate name; names of putners, offic-
ers, directors, shareholders or trustees involved in the business; age; address; description or blue-
print of the premises, if any, and the owner thereof, and locations and addresses of other business
locations in Minnesota.
(d) No reapplication within one (I) year after deniad or revocation. No person may apply for any
license within one (1) year of the denial or revocation of the same or similar license by the city
• council, if such denial or revocation was based solely or partially upon misconduct or unfitness of
the applicant, evidence of violations of law involving licensed premises, evidence that the appli-
cant had been involved in the operation of a nuisance, or fraud or decepUon in the license applica-
tion. A license is "similar;' within the meaning of this paragraph, if the basis upon which the
revocation or denial of the original license was made would have been a relevant basis on which
to deny or revoke a license of the type subsequently applied for.
(e) Reapplication after denial; "interest" of applicant in revoked license. An application by a per-
son having an interest in, ar whose shareholders or officers have an interest in, any premises or
enterprise whose license has been revoked or to which a license has been denied shall be treated
as an application by the person whose license was denied or revoked. The term "interest," as used
in this pazagraph, includes any pecuniary interest in the ownership, operaUOn, management or
profits of an establishment, but does not include: bona fide loans; bona fide rental agreements;
bona fide open accounts or other obligations held wifh ar without security arising out of the ordi-
nary and regular course of business of selling or leasing merchandise, fixtures or supplies to such
establishment; an interest in a corparation owning or operafing a hotel but havang at least one hun-
dred fifty (150) or more rental units holding a license in conjunction therewith; or ten (10) percent
or less interest in any other corporation holding a license.
(f j Prohibition on reapplication; exception. The prohibition on reapplication herein provided shall
not apply in cases where it is otherwise expressly provided by statute or ordinance.
• (g) Waiting period after filing of petition. Any petition required to be filed with the application for
any license shall not be considered as officially filed and arrevocable until seven (7) working days
o�-q�
. after a petition is received in the inspector's office. During the seven-day waiting period, any sig-
nator of any petition may withdraw his name therefrom by written request, and such request shall
be appended to the subject perition and made a part thereo£ After the seven-day waiting period,
signatures may not be withdrawn unless it is shown they were obtained by fraud or duress. Signa-
tures withdrawn or obtained by fraud or duress shail not be counted in determining the sufficiency
of the petirion. This subdivision shall apply in any case where the applicant for a license must
present a statement in writing signed by a specified number or percentage of persons that they
have given their consent to the grant of the license.
(Code 1956, § 510.02; C.F. No. 95-473, § 2, 5-31-95}
Sec. 310.03. Investigation and review of new applications, etc.
The inspector shall deternune the sufficiency and accuracy of each new applicarion and obtain
such criminal history information as may be used under Minnesota Statutes, Chapter 364, and is
otherwise available by law. The inspector shall make reasonable and appropriate investigation of
the premises or personal property, vehicles or facilities, as may be involved in or related to the
licensed activity, and shall request, where appropriate, the assistance of other city divisions or
departments in making additional investigations for the purpose of deternuning whether the appli-
cant is or will be in compliance with all applicable ordinances and statutes. The approval of such
other divisions or departments is not required for issuance of a license unless otherwise required
by specific sections in these chapters. All new applications shall be reviewed by the zoning
� administrator or his designee for compliance with all requirements of the Saint Paul Zoning Code,
and no new license shall be granted without full compliance with said requirements. All new
applications involving a premises, location, building or structure shall be referred to the director
of the department of fire and safety services and to the building official for investigation and reo-
ommendation.
(Code 1956, § 510.03; Ord. No. 17361, § 1, 6-5-86)
Sec. 310.04. Levels of approval; recommendations.
(a) Class R licenses. Where an application for the grant, issuance or renewal of a Class R]icense
meets all the requirements of law, and there exists no ground for denial, revocation or suspension
of, or the imposition of conditions upon, such license, the director shall grant, issue or renew said
license in accordance wath the application.
(b) Class T licenses. Where an application for the grant, issuance or renewal of a Class T license
meets all the requirements of law, and there exists no ground for denial, revocation or suspensaon
of, or the imposition of conditions upon, such license, the director shall grant, issue or renew said
license in accordance with the application.
(c) Class R and Class T licenses, if denied by director. In the event the director, in the case of both
Class R and Class T licenses, determines that the application for grant, issuance or renewal of the
license does not meet all the requirements of law or that there exist grounds for denial, revocation,
• suspension or other adverse action against the license or the licensee, the director shall recom-
mend denial of the application and follow the procedures for notice and hearing as set forth in sec-
•
�
Lion 310.05.
(d) Class N dicenses.
o/-q�
(1) Grant, issuance or transfer. Upon receipt of a fully completed application and required
fees for a Class N license, the director shali conduct such investigation as is required to
determine whether the application meets all the requirements of law or whether there exist
gFounds for denial or imposition of conditions on the license. The director shail, in writ-
ing, notify the council, and the affected neighborhood organization(s) established for citi-
zen participation purposes, of the existence of the application for all Class N licenses. In
any case where the directar recommends denial of the grant, issuance or renewal of a
Class N license, the director on his or her own initiative, or at the direction of the council,
shall follow the procedures for notice and hearing as set forth in section 310.05. If the
director is recommending issuance of the license, but the affected neighborhood organiza-
tion(s) or other interested persons give notice within thirty (30) days of receipt of notice of
the existence of the application (or within forty-five (45) days if the application involves a
liquor license) of objection to issuance of the license, the matter shall be refened for a
hearing before the legislative hearing officer, who shall give notice of the time, place and
date of the hearing to the affected neighborhood organization(s) and the applicant. The
legislative hearing officer shall take testimony from a11 interested persons and shall make a
recommendation to the council as to whether the matter should be referred for a hearing
before an independent hearing examiner in accordance with the procedures set forth in
section 310.05. Where the application for the grant, issuance or renewal of a Class N
license meets all the requirements of law, and where there exists no ground for adverse
action, the director shall issue such license in accordance with law.
(2) Renewal. The director shall in writing notify the council, and the affected neighbor-
hood organizarion(s) established for citizen participation purposes, at least sixty (60) days
before the expiration date of all Class N licenses. A public hearing on the renewal of any
such license shall not be held except on the request of a councilmember, which request
shall be incorporated in the form of a council resolution. Upon the passage of such resolu-
tion, the director shall give written notice of such hearing to the affected neighborhood
organizations. Such public hearing does not replace or amend any of the procedures set
forth in section 310.05 of the Legislative Code. If no request for a public hearing is made
before the expiration of any such license, and where there exists no ground for adverse
action, the director shall issue the license in accordance with law.
C�
(e) Appeal; Class R or Class T licenses. An appeal to the city council may be taken by any person
aggrieved by the grant, issuance or renewal of a Class R or Class T license; provided, however,
that the appeal shall have been filed with the city clerk within thirty (30) days after the action by
the director. The only grounds for appeal shall be that there has been an error of law in the grant,
issuance or renewal of the license. The appeal shall be in wriring and shall set forth in particular
the alleged errors of law. The council shall conduct a hearing on the appeal within thirty (30) days
of the date of filing and shall norify the licensee and the appellant at least ten (10) days prior to the
hearing date. The procedures set forth in section 310.05, insofar as is practicable, shall apply to
this hearing. Foliowing the hearing, the council may afFirm or remand the matter to the inspector
or director, or may reverse or place conditions upon the license based on the counciPs deternuna-
� l-q�
� tion that the decision was based on an error of law. The filing of an appeai shall not stay the issu-
ance of the license.
(fl No waiver by renewal. The renewal of any license, whether Class R, T or N, shall not be
deemed to be a waiver of any past violations or of any grounds for imposition of adverse action
against such license.
(Code 1956, § 510.04; Ord. No. 17455, § 1, 5-21-87; Ord. No. 17551, § 1, 4-19-88; C.F. No. 94-
500, § 1, 7-6-94; C.E No. 95-473, § 3, 5-31-95; C.F. No. 95-1517,1-31-96; C.F. No. 97-1446, § 1
12-30-97; C.F. No. 99-500, § 2, 7-7-99)
Sec. 310.05. Hearing procedures.
(a) Adverse action; nofice and hearing requirements. In any case where the council may or
intends to consider any adverse action, including the revocation or suspension of a license, the
imposition of conditions upon a license, or the denial of an application for the grant, issuance or
renewal of a license, or the disapproval of a license issued by the State of Minnesota, the applicant
or licensee shall be given notice and an opportunity to be heard as provided herein. The council
may consider such adverse actions when recommended by the inspector, by the director, by the
director of any executive department established pursuant to Chapter 9 of the Charter, by the city
attorney or on its own initiarive.
(b) Notice. In each such case where adverse action is or will be considered by the council, the
� applicant or licensee shall have been notified in writing that adverse action may be taken against
the license or application, and that he or she is entitled to a hearing before action is taken by the
council. The notice shall be served or mailed a reasonable time before the hearing date, and shall
state the place, date and time of the hearing. The notice shall state the issues involved or grounds
upon which the adverse action may be sought or based. The council may request that such written
notice be prepared and served or mailed by the inspector or by the city attorney.
(c) Hearing. Where there is no dispute as to the facts underlying the violation or as to the facts
establishing mitigating or aggravaring circumstances, the hearing shall be held before the council.
Otherwise the hearing shall be conducted befare a hearing examiner appointed by the council or
retained by contract with the city for that purpose. The applicant or the licensee shall be provided
an opportunity to present evidence and argument as well as meet adverse testimony or evidence
by reasonable cross-examination and rebuttal evidence. The hearing examiner may in its discre-
tion pernut other interested persons the opportunity to present testimony or evidence ar otherwise
participate in such hearing.
(c-1) Procedure; hearing examiner. The hearing examiner shall hear all evidence as may be pre-
sented on behalf of the city and the applicant or licensee, and shall present to the council written
findings of fact and conclusions of law, together with a recommendation far adverse action.
The council shall consider the evidence contained in the record, the hearing examiner s recom-
mended findings of fact and conclusions, and shall not consider any factual testimony not previ-
� ously submitted to and considered by the hearing examiner. After receipt of the hearing
examiner s findings, conclusions, and recommendations, the council shall provide the applicant or
ol-ql
• licensee an opportunity to present oral or written arguments alleging error on the part of the exam-
iner in the application of the law or interpretation of the facts, and to present argument related to
the recommended adverse acrion. Upon conclusion of that hearing, and after cottsidering the
record, the examiner's findings and recommendations, together with such additional arguments
presented at the hearing, the council shall determine what, if any, adverse action shall be taken,
which action shaIl be by resolution. The council may accept, reject or modify the findings, con-
clusions and recommendations of the hearing examiner.
{o-2) Ex parte contacts. If a license matter has been scheduled for an adverse hearing, council
members shall not discuss the license matter with each other or with any of the parties or inter-
ested persons involved in the matter unless such discussion occurs on the record during the hear-
ings of tt�e matter or during the council's final deliberations of the matter. No interested person
shall, with knowledge that a license matter has been scheduled far adverse hearing, convey or
atTempT to convey, orally or in writing, any information, argument or opinion about the matter, or
any issue in the matter, to a council member or his or her staff unul the council has taken final
action on the matter; provided, however, that nothing herein shall prevent an inquiry or communi-
cations regarding status, scheduling or procedures concerning a license matter. An interested per-
son, for the purpose of this paragraph, shall mean and include a person who is an officer or
employee of the licensee which is the subject of the scheduled adverse hearing, or a person who
has a financial interest in such licensee.
� (d) Licensee or applicant may be represented_ The ]icensee or applicant may represent himself or
choose to be represented by another.
(e) Record; evidence. The hearing examiner shall receive and keep a record of such proceedings,
including testimony and exhibits, and shall receive and give weight to evidence, including heaz-
say evidence, which possesses probarive value commonly accepted by reasonable and prudent
persons in the conduct of their affairs.
(� Council action, resolution to contain fcndings. Where the council takes adverse acrion with
respect to a license, licensee or applicant for a license, the resolution by which such action is
taken shall contain its findings and detemunation, including the imposition of conditions, if any.
The council may adopt all or part of the findings, conclusions and recommendations of the heaz-
ing examiner, and incorporate the same in its resolution taking the adverse action.
(g) Additional procedures where required. Where the provisions of any statute or ordinance
require additional notice or hearing procedures, such provisions shall be compiied with and shall
supersede inconsistent provisions of these chapters. This shall include, without limitation by rea-
son of this specific reference, Minnesota Statutes, Chapter 364 and Minnesota Statutes, Section
340A.415.
(h) Discretion to hear iaotwithstanding withdrawal or surre:zder of application or license. The
council may, at its discretion, conduct a hearing or direct that a hearing be held regazding revoca-
tion or denial of a license, notwithstanding that the applicant or licensee has attempted or pur-
� ported to withdraw or surrender said license or application, if the attempted withdrawal or
D1�q�
• surrender took place after the applicant or licensee had been notified of the hearing and potential
adverse action.
(i) Continuances. Where a hearing for the purpose of considering revocation or suspension of a
license or other disciplinary action involving a license has been scheduled before the council, a
conrinuation of the hearing may be granted by the council president or by the council at the
request of the licensee, license appiicant, an interested person or an attomey representing the fore-
going, upon a showing of good cause by the party making the request.
(j) If the council unposes an adverse action as defined in secrion 310.01 above, a generic notice of
such action shall be prepazed by the license inspector and posted by the licensee so as to be visible
to the public during the effective period of the adverse action. The licensee shall be responsible
for taking reasonable steps to make sure the notice remains posted on the front door of the
licensed premises, and failure to take such reasonable precautions may be grounds for further
adverse action.
(k) Imposition of costs. The councii may impose upon any licensee or license applicant some or
all of the costs of a contested hearing before an independent hearing examiner. The costs of a con-
tested hearing include, but are not limited to, the cost of the administrative law judge or indepen-
dent hearing examiner, stenographic and recording costs, copying costs, city staff and attorney
time for which adequate records have been kept, rental of rooms and equipment necessary for the
hearing, and the cost of expert witnesses. The council may impose all or part of such costs in any
� given case if (i) the position, claim or defense of the licensee or applicant was frivolous, arbitrary
or capricious, made in bad faith, or made for the purpose of delay or harassment; (ii) the nature of
the violation was serious, or involved violence or the threat of violence by the licensee or employ-
ees thereof, or involved the sale of drugs by the licensee or employees thereof, and/or the circum-
stances under which the violation occurred were aggravated and serious; (iii) the violation created
a serious danger to the public health, safety or welfare; (iv) the violation involved unreasonable
risk of hann to vulnerable persons, or to persons for whose safety the licensee or applicant is or
was responsible; (v) the applicant or licensee was sufficiently in controi of the situation and there-
fore could have reasonably avoided the violation, such as but not limited to, the nonpayment of a
required fee ar the failure to renew required insurance policies; (vi) the violation is covered by the
matrix in section 409.26 of the Legislative Code; or (vii) the violation involved the sale of ciga-
rettes to a minor.
(1) Imposition of fznes. The council may impose a fine upon any licensee or license appli-
cant as an adverse license action. A fine may be in such amount as the council deems rea-
sonable and appropriate, having in mind the regulatory and enforcement purposes
embodied in the particulaz licensing ordinance. A fine may be in addition to or in lieu of
other adverse action in the sole discretion of the council. To the extent any other provision
of the Legislative Code provides for the imposition of a fine, both provisions shall be read
together to the extent possible; provided, however, that in the case of any conflict or
inconsistency, the other provision shall be controlling.
(Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88;
� Ord. No. 17659, § l, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. No. 94-46, § 7, 2-2-94;
�1
• C.E No. 94898, §§ 2, 3, 7-13-94; C.E No. 94-1340, § 2, 10-19-94; C.F. No. 95-473, § 4,
5-31-95)
Sec. 310.06. Revocation; suspension; adverse actions; imposition of conditions.
(a) Council may take adverse action. The council is authorized to take adverse action, as defined
in secrion 310.01 above, against any or all licenses or permits, licensee or applicant for a license,
as provided in and by these chapters. Adverse actions against entertainment licenses issued under
Chapter 411 of the Legislative Code may be initiated for the reasons set forth in subsecrion (b)
below, or upon any lawful grounds which are communicated to the license holder in writing prior
to the hearing before the council. Such actions shall be initiated and carried out in accordance
with the procedures outlined in section 310.05; provided, however, that the formal notice of hear-
ing shall be used to initiate the adverse action without the use of prior procedural steps.
(b} Basis for action. Such adverse action may be based on one (1) or more of the following rea-
sons, which are in addition to any other reason specifically provided by law or in these chapters:
(1) The license or pernut was procured by misrepresentauon of material facts, fraud,
deceit or bad faith.
(2) The applicant or one acting in his or her behalf made oral or written misstatements or
misrepresentations of material facts in or accompanying the application.
(3) The license was issued in violarion of any of the provisions of the Zoning Code, or the
premises which are licensed or which are to be licensed do not comply with applicable
� health, housing, fire, zoning and building codes and regulations.
(4) The license oz permit was issued in violation of law, without authority, or under a
material mistake of fact.
(5) The licensee or applicant has failed to comply with any condition set forth in the
license, or set fofth in the resolution granting or renewing the license.
(6) a. The licensee or applicant (or any person whose conduct may by law be
imputed to the licensee or applicant) has violated, or performed any act which is a
violation of, any of the provisions of these chapters or of any statute, ordinance or
regulation reasonably related to the licensed activity, regardless of whether crimi-
nal charges have or have not been brought in connection therewith;
b. The licensee or applicant has been convicted of a crime that may disqualify said
applicant from holding the license in question under the standards and procedures
in Minnesota Statutes Chapter 364; or
c. The licensee or applicant (or any person whose conduct may by law be imputed
to the licensee or applicant) has engaged in or permitted a pattern or practice of
conduct of failure to comply with laws reasonably zelated to the licensed activity
or from which an inference of lack of fitness or good character may be drawn.
(7) The activities of the licensee in the licensed activiry created or have created a serious
danger to the public health, safety or welfue, or the licensee performs or has performed
his or hez work or activity in an unsafe manner.
. (8) The licensed business, or the way in which such business is operated, maintains or per-
01-��
• mits conditions that unreasonably annoy, injure or endanger the safety, health, morals,
comfort or repose of any considerabie number of inembers of the public.
(9) Failure to keep sidewalks or pedestrian ways reasonably free of snow and ice as
required under Chapter 114 of the Saint Paul Legislarive Code.
(10) The licensee or applicant has shown by past misconduct or unfair acts or dealings:
physical abuse, assaults or violent actions done to others, including, but not limited to,
actions meeting the definition of criminal sexual conduct pursuant to Minnesota Statutes
Secrions 609.342 through 6093451; sexual abuse, physical abuse or maltreatment of a
child as defined in Minnesota Statutes Secrion 626.556, subdivisions 2 and 10e, including,
but not limited to, acts which constitute a violation of Minnesota Statutes Sections 609.Q2,
subdivision 10; 609321 through 6093451; or 617.246; neglect or endangerment of a child
as defined in Minnesota Statutes Section 626.557, subdivision 2; the manufacture, distri-
bution, sale, gift, delivery, transportation, exchange or barter of a controlled substance as
defined in Minnesota Statutes Chapter 152; the possession of a controlled substance as
defined in Minnesota 5tatutes Chapter 152 in such quantities or under circumstances giv-
ing rise to a reasonable inference that the possession was for the purpose of sale or distri-
bution to others; or by the abuse of alcohol or other drugs, that such licensee or applicant
is not a person of the good moral character or fitness required to engage in a licensed
activity, business or profession.
(11) The licensee or applicant has materially changed or pernvtted a material change in the
design, construction or configuration of the licensed premises without the prior approval
� of the city council in the case of Class N licenses, the director in the case of Class T
licenses, and the inspector in the case of Class R licenses, or without first having obtained
the proper building pernuts from the city.
(12) The licensee or applicant has violated section 294A1 of the Legislative Code, or has
made or attempted to make a prohibited ex parte contact with a counci] member as pro-
vided in section 310.05(o-2) of the Legislative Code.
The terms "licensee" or "applicant" for the purpose of this section shall mean and include
any person who has any interest, whether as a holder of more than five (5) percent of the
stock of a corporation, as a partnez, or otherwise, in the premises or in the business or
activity which are licensed or proposed to be licensed.
With respect to any license for activities entitled to the protection of the First Amendment,
notwithstanding the faregoing provisions, neather the lack of good moral chazacter or fit-
ness of the licensee or applicant nor the content of the protected speech or matter shall be
the basis for adverse action against the license or applicarion.
(c) Imposition of reasonable conditions and/or restrictions. When a reasonable basis is found to
impose reasonabie conditions and/or restrictions upon a license issued or held under these chap-
ters, any one (1) or more such reasonable conditions andior restrictions may be imposed upon
such license for the purpose of promoting public health, safety and welfare, of advancing the pub-
lic peace and the elimination of conditions or actions that constitute a nuisance or a detriment to
the peaceful enjoyment of urban life, or promoting security and safety in nearby neighborhoods.
• Such reasonable conditions and/or restrictions may include or pertain to, but are not limited to:
o1-q�
• (1) A limitation on the hours of operation of the licensed business or estabiishment, or on
particular types of activities conducted in or on said business or establishment;
(2) A limitarion or restriction as to the location within the licensed business or establish-
ment where particular type of activities may be conducted;
(3) A limitation as to the means of ingress or e�ess from the licensed establishment or its
pazking lot or immediately adjacent azea;
(4) A requirement to provide ofF street parking in excess of other requirements of law;
(5) A limitation on the manner and means of advertising the operation or merchandise of
the licensed establishment;
(6) Any other reasonable condition or restriction limiting the operation of the licensed
business or establishment to ensure that the business or establishment will harmonize with
the character of the area in which it is located, or to prevent the development or continua-
tion of a nuisance.
The inspector may impose such conditions on Class R licenses with the consent of the license
holder, or may recommend the imposition of such conditions as an adverse action against the
license or licenses; the inspector has the same power with respect to Class T licenses. The council
may impose such conditions on Class N licenses with the consent of the license holder, or upon
any class of license as an adverse action against the license or licenses following notice and hear-
ing as may be required. Such conditions may be imposed on a license or licenses upon issuance or
• renewal thereof, or upon and as part of any adverse action against a license or licenses, including
suspension. Conditions imposed on a license or licenses shall remain on such licenses when
renewed and shall continue thereafter until removed by the council in the case of conditions on
Class N licenses or conditions imposed by adverse action, and by the inspector in the case of
Class R and T licenses.
(d) Standards for multiple license determination. In any case in which the council is authorized to
take adverse action against less than all of the licenses held by a licensee, or applied for by an
applicant, the following standards may be used:
(1) The nature and gravity of the grounds found by the council to exist upon which the
adverse action would be based;
(2) The policy and/or regulatory goals for the particular licenses involved, either as
embodied in the I,egislative Code or as found and deternuned by the council;
(3) The intenelationship of the licenses and ttieir relative importance to the overall busi-
ness enterprise of the licensee or applicant;
(4) The management practices of the licensee or applicant with respect to each of such
licenses;
(5) The extent to which adverse action against less than all of the licenses or applications
would result in difficulty in enforcing and monitoring the adverse action taken;
(6) The hazdship to the licensee or applicant that would be caused by applying adverse
. action to all licenses or applications; and
° ql
• (7) The hardship and/or danger to the public, or to the public health and welfaze, that
would result from adverse action against less than all of the licenses or applications.
(Code 1956, § 510.06; Ord. No. 17584, § 1, 8-25-88; Ord. No. 17657, § 15, 6-8-89; Ord.
No. 17659, § 2, 6-13-89; Ord. No. 17901, §§ 2, 3, 1-14-92; Ord. No. 17917, §§ 2, 3, 3-31-
92; Ord. No. 17922, § 1, 4-28-92; C.E No. 94-500, § 3, 7-6-94; C.E No. 94-1340, § 3, 10-
19-94; C.F. No. 95-473, § 5, 5-31-95; C.F. No. 99-500, § 3, 7-7-99)
Sec. 310.07. Terminarion of licenses; surety bonds; insurance contracts.
(a) Automatic termination, reinstatement; responsibility of Zicensee. All licenses or pernvts which
must, by the provisions of these chapters or other ordinances or laws, be accompanied by the fil-
ing and maintenance of insurance policies, deposits, guazantees, bonds or certifications shall auto-
matically ternunate on cancellation or withdrawal of said policies, deposits, bonds or
certifications. No licensee may continue to operate or perform the 13censed activity after such ter-
mination. The licensee is liable and responsible for the filing and maintenance of such policies,
deposits, guarantees, bonds or certifications as are required in these chapters, and shall not be
entitled to assert the acts or omissions of agents, brokers, employees, attorneys or any other per-
sons as a defense or justification for failure to comply with such filing and maintenance require-
ments. In the event the licensee reinstates and files such policies, deposits, bonds or certifications
within thirty (30) days, the license is automaticaily reinstated on the same terms and conditions,
and for the same period as originally issued. After thirty (30) days, the applicant must reapply for
� a renewal of his license as though it were an original application.
(b) Bonds and insurance requirements:
(1) Surety Companies: All surety bonds running to the City of Saint Paul shall be written
by surety companies authorized to do business in the State of Minnesota. All insurance
policies required by these chapters shall be written by insurance companies authorized to
do business in the State of Minnesota.
(2) Approved as to Form: All bonds filed with fhe City of Saint Paul in connection with
the issuance of licenses for whatever purpose, and all policies of insurance required to be
filed with or by the City of Saint Paul in connection with the issuance of licenses for any
purpose whatsoever, shall first be approved as to form by the city attomey.
(3) Uniform Endorsement: Each insurance policy required to be filed pursuant to these
chapters shall contain the endorsement set forth in Chapter 7 of the Saint Paul I.egislative
Code.
(4) Conditions: All bonds required by these chapters shall be conditioned that the licensee
shall observe all ordinances and laws in relation to the licensed activity, business, pre-
mises or facilities and that he shall conduct all such activities ar business in confornvty
therewith. Such bonds shall also indemnify the City of Saint Paul against all claims, judg-
ments or suits caused by, resulting from or in connection with the licensed business, pre-
mises, activity, thing, facility, occurrence or otherwise licensed under these chapters.
(c) Termination of bonds and insurance required by city. Ternunation of bonds and insurance
. required to be filed with the city pursuant to these chapters shall be in accordance with the
requirements of Chapter 8 of the Saint Paul Legislative Code.
D1- ��
• (d) Expirarion date to be concurrent with term of Zicense or pernzit. The expiration date of all such
policies, bonds, guarantees or certifications shall be concurrent with the expiration date of the
license or permit.
(Code 1956, § 510.07)
Sec. 310.08. Terms of licenses; uniform dates.
(a) All licenses or permits shall be valid for a period of one (1) year from the date of issuance by
the anspector, except as otherwise provided herein or in these chapters or in cases of revocation,
suspension or termination under section 310.06.
(b) Licensees may continue to operate their business after the expiration date of their license; pro-
vided, that the licensee has filed with the inspector on or before the expiration date the appropriate
license application, license fees, insurance and bonds. The inspector shall process the renewal
application in the mannez provided for in this Code.
(c) Whenever any licensee is the holder of the two (2) or more licenses of the City of Saint Paul
which expire on different dates, the inspector is authorized, at the request of the licensee, to deter-
mine a uniform date for the expiration of all or any number of such licenses, notwithstanding the
term and expiration dates of such licenses as originally issued, and notwithstanding any provision
as to term of license of any ordinance of the city heretofore or hereafter enacted. The provisions
hereof shall govern the issuance of any new license to one already holding a license.
� (d) In order to conform to the foregoing provisions, new ]icenses may be issued for a term of less
than one (1) yeaz, and the license fee therefor shall be prorated for the period of issuance.
(Code 1956, § 510.08; Ord. No. 17360, § 1, 6-5-86)
Sec. 310.09. Fees.
(a) Exempt organizations. The L.egislative Code exempts certain organizations from paying the
customary license or pernut fees or establishes a nominal fee of less than seven dollars ($7.00).
The terms and conditions of such exemptions are stated within the applacable chapters. Such orga-
nizations shall pay a five dollars ($5.00) minimum processing fee for each and every application
far a license or pernut to be issued by the division manager, director or council of the city.
(b) Fee schedule. The council may by ordinance deternrine and establish one (1) fee schedule for
any or all licenses and pernuts issued pursuant to these chapters, and a sepazate fee schedule for
applications for such ]icenses and permits, which may include fees to cover costs incurred by rea-
son of the late filing. Such fees, in either schedule, shall be reasonably related to the costs of
administration incurred in connection with each such application, license or pernut. Costs of
administration shall mean and include, but without limitalion by this specification, both direct and
indirect costs and expenses, such as salaries, wages, benefits and all personnel costs including
training, seminars and schooling, expenses of investigations and inspections, handling of inquiries
and requests for assistance, telephone and communications, stationery, postage, paper, reproduc-
• tion, office capital equipment and all ofFice supplies. Such fee schedules as adopted by ordinance
and posted in the office of the inspector shall supersede inconsistent fee provisions in these chap-
D1-R/
• ters or in other ordinances or laws.
(c) Fee for one year; may be prorated. Unless otherwise specifically provided, the license fee
stated is for a period of one (1) yeat Such fee may be prorated where a license is issued for a
period of less than a year.
(d) Late fee. Unless otherwise specifically provided by the particular licensing provisions
involved, an applicant for the renewai of a license who makes application for such renewal after
the expirarion date of such license shall be charged a late fee for each such license. The late fee
shall be in addition to any other fee or payment required, and shall be ten (10) percent of the
annual license fee for such license for each thirty-day period or portion thereof which has elapsed
after the expiration date of such license. The late fee shall not exceed fifty (50) percent of the
annual license fee. If any provision of these chapters imposes more stringent or additional require-
ments for the issuance of an original license than would be the case for mere renewal, those
requirements must be met when the license has lapsed by reason of expiration.
(Code 1956, § 510.09; Ord. No. 16884, 2-11-82; Ord. No. 17802, § 1, 1-10-91)
Sec. 310.10. Refunds of fees.
(a) Refund where application withdrawn or denied; service charge. Unless otherwise specifically
provided by the particulaz licensing provisions involved, where an application for any license is
withdrawn or denied, the inspector shall refund to the applicant the license fee submitted less a
. service charge to recover in part the costs incurred in processing the application in the amount of
twenty-five (25) percent of the annual license fee.
(b) Limitation on refund; other cases. In all other cases as provided in paragraph (c), the inspector
may refund not to exceed one hundred dollazs ($100.00) of fees received in connection with any
license, perxnit or application therefor; provided, that he certify in writing that the amount of the
refund represents a sum over and above the reasonabie costs of administration incurred up to that
time in connection with said license, permit or application. The director may refund not to exceed
two hundred fifty dollars ($250.00) of such fees upon a like certification by the inspector. The
council may by resolution authorize all refunds upon a like certification by the inspector.
(c) Bases for refunds. Refunds under paragraph (b) may be made to the licensee or his estate:
(1) Where the place of business of the licensee or his principal equipment is destroyed or
so damaged by fire or any other cause that the licensee ceases for the remainder of the
licensed period to engage in the licensed activity or business;
(2) Where the business or licensed activity ceases by reason of the death or illness of the
licensee or the sole employee or manager; or
(3) Where it has become unlawfui for the licensee to continue in the business or licensed
activity other than by revocation, suspension, denial or any criminal activity on the part of
the licensee.
(Code 1956, § 510.10)
• Sec. 310.11. 'lY�ansfers; general.
�1-q1
• (a) License a privilege, not property. All licenses or permits issued by the City of Saint Paul pur-
suant to these chapters or other ordinances or laws confer a privilege on the licensee to engage in
the activity or occupation so licensed, and do not constitute property or property rights or create
any such rights in any licensee. No such license or permit may be seized, levied upon, attached,
executed upon, assessed or in any manner taken for the purpose of satisfaction of any debt or obli-
gation whatever.
(b) Licenses not transferable; conditions. Notwithstanding any other provision of the Saint Paul
Legislative Code to the contrary, no licenses issued by the City of Saint Paul shall be transferable.
(c) Transfer; defznition. "Transferable" means the ability to transfer a license or licenses
from one (1) person to another, or from one (1) location to another. "Transfer," as used in
these chapters, shall include a transfer from person to person, or from place to place, or a
transfer of stock in a coxporate licensee, or of shares or interests in a partnership or other
legal entity. "Transfer," as used in these chapters, shall not include the instance where a
license is held by an individual or partnership and the transfer is by said individual or part-
nership to a corporation in which the majority of the stock is held by said individual or by
the members of said partnership.
(d) Deceased licensee. Notwithstanding any other provision of these chapters, in any case where a
liquor license is held by a person not incorporated and where the license would, by reason of the
death of said licensee, lapse to the city in the absence of this paragraph, the authorized representa-
tive of the estate of the deceased licensee may consent to and seek to reissue said license to the
. beneficiary to the licensed establishment. The reissuance shall be subject to all applicable require-
ments of these chapters and exisring law.
(Code 1956, § 51011; Ord. No. 16822, 9-3-81; Ord. No. 17551, § 3, 4-19-88; C.E No. 95-473, §
6, 5-31-95)
Sec. 310.12. Inspection of premises.
The premises, facilities, place, device or anything named in any license issued pursuant to any
provision of the Saint Paul Legislative Code or other law shall at all times while open to the pub-
lic or while being used or occupied for any purpose be open also to inspection and examination by
any police, fire, ar health officer or any building inspector of the city, as well as the inspector.
(Code 1956, § 510.12)
Sec. 310.13. Renewal.
Every license renewal under these chapters may be denied for any licensee who is delinquent in
any payment or contribution to a health and welfare trust or pension trust, or similar program,
established for the benefit of his employees.
(Code 1956, § 510.13)
Sec. 310.14. Savings clause.
. (a) If any provision in these chapters is held unconstitutional or invalid by a court of competent
jurisdiction, the invalidity shall extend only to the provision involved and the remainder of these
�1-9�
• chapters shall remain in force and effect to be construed as a whole.
(b) The repeal of any ordinance by this ordinance (which enacts the Uniform License Ordinance)
shall not affect or impair any act done, any rights vested or accmed, or any suit, proceeding or
prosecurion had or commenced in any matter, prior to the date this ordinance became effective.
Every such act done or right vested or accrued shall remain in full force and effect to all intents
and purposes as if the repealed ordinances had themselves remained in force and effect. Every
such suit, proceeding or prosecution may be continued after repeal as though the repealed ordi-
nances were fully in effect. A suit, proceeding or prosecution which is based upon an act done, a
right vested or accrued, or a violation committed prior to repeal of the repealed ardinances, but
which is commenced or insrituted subsequent to repeal of the repealed ordinances, shali be
brought pursuant to and under the provisions of such repealed ordinances as though they contin-
ued to be in full force and effect.
(Code 1956, § 510.14)
Sec. 310.15. Penalty.
Any person who violates any provision of these chapters, or other ordinances or laws relating to
licensing, or who aids, advises, hires, counsels or conspires with or otherwise procures another to
violate any provision of these chapters or other ordinances or laws relating to licensing is guilty of
a misdemeanor and may be sentenced in accordance with section 1.05 of the Saint Paul Legisla-
tive Code. The term "person," in addition to the definition in section 310A1, shall for the purpose
• of this section include the individual partners or members of any partnership or corporation, and
as to corporations, the officers, agents or members thereof, who shall be responsible for the viola-
tion.
(Code 1956, § 51015)
Sec. 310.16. Reserved.
Editor's note--Section 310.16, pertaining to license fees and annual increases, and derived from
Ord. No. 16885, adopted Feb. 11, 1982; Ord. No. 17059, adopted Oct. 20, 1983; and Ord. No.
17303, adopted Oct. 29, 1985, was repealed by Ord. No. 17884, § 1, adopted Nov. 19, 1991.
Sec. 310.17. Licensee's responsibility.
Any act or conduct by any clerk, employee, manager or agent of a licensee, or by any person pro-
viding entertainment or working for ar on behalf of a licensee, whether compensated or not,
which act or conduct takes place either on the licensed premises or in any parking lot ar other area
adjacent to (or under the lease ar control ofl the licensed premises, and which act or conduct vio-
lates any state or federal statutes or regulations, or any city ordinance, shall be considered to be
and treated as the act or conduct of the licensee for the purpose of adverse action against all or any
of the licenses held by such licensee. To the extent this section is in conflict with sections 409.14
and 410.09 of the Legislative Code, this section shall be controlling and prevail; but shall not oth-
erwise amend, alter or affect such sections.
• (Ord. No. 17629, § 1, 1-31-89)
o�-q�
• Sec. 310.18. License fee schedule.
Notwithstanding the provision of any other ordinance or law to the contrary, the following fees
are hereby provided for all the licenses listed herein. These fees supersede all inconsistent provi-
sions, including, but not limited to, graduated fee provisions, in these chapters and in other ordi-
nances and laws, and include the fee for the ficense application as paR of the license fee;
provided, however, that this section does not amend or modify secrions 310.09(a) or 310.09(d) of
the L.egislative Code with respect to exempt organizations or Iate fees. Pursuant to section
310.09(b) of the I.egislative Code, these schedules shall be posted in the office of the Director of
the Office of License, Inspections and Environmental Protection. These fees shall be effective for
license renewals and new license applications occurring on and after January 1, 1995, or on the
effecrive date of this section, whichever is latez; provided, however, that with respect to all
licenses whose renewal dates occur after The effective date of this new schedule, there shall be no
increases in, nor offsets or re£unds of, the existing fees paid, or due and owing.
(a) ENFORCEMENT LEVEL 1
(b) ENFORCEMENT LEVEL 2
(c) ENFORCEMENT LEVEL 3
• (d) ENFORCEMENT LEVEL 4
(e) ENFORCEMENT L,EVEL 5
(� ENFORCEMENT LEVEI. 6
(C.F. No. 92-1742, § 2, 12-8-92; C.F. No. 93-1650, § 1, 12-9-93; C.E No. 94-201, § 1, 3-16-94;
C.F. No. 94-1447, § 1, 12-14-94; C.F. No. 95-519, § 2, 6-7-95; C.E No. 95-1457, § 1, 1-3-96; C.F.
No. 96-391, § 3, 5-8-96; C.F. No. 96-1095, § I, 10-2-96; C.E No. 97-912, § 1, 8-20-97; C.E No.
99-500, § 4, 7-7-99; C,F. No. 99-812, § 1, 9-8-99; C.F. No. 00-457, § 1, 6-7-00)
Sec. 310.19. Discount from certain license fees.
A discount will be provided for on-sale and off-sale liquor licenses, on-sale and off-sale 3.2 malt
liquor licenses and on-sale strong beer and wine licenses. Such fees mentioned shall be reduced in
section 310.18 by appzoximately seven (7) percent, in the exact amounts as further provided
herein, contingent upon each of the following conditions:
(1) Driver's license guide; compilation of laws. The licensee shall maintain on the pre-
mises, in a location accessible at all times to all employees of the licensed establishment:
a. A current driver's license guide, which shall include license specifications for
both adults and minors for each state (including Canadian provinces), and shall list
. such information from at least five (5) years prior to the present date; and
�1 t �
• b. A current compilation of the laws relating to the sale and possession of alcoholic
beverages in the state as outlined in Chapter 7515 of the State of Minnesota Rules
and Chapter 340A of the Minnesota Statutes. This compilation must also include
Chapters 240 through 246, 409 and 410 of the Saint Paul L.egisIarive Code.
(2) Signage. The licensee shall maintain on the premises, in all customer areas, current
signage relating to underage consumption of alcoholic beverages, and relating to driving
under the influence of alcohol. One (1) sign must be located behind the bar, and one (1)
sign must be present in each addirional room or secUon within the lounge area in which
the writing on the sign behind the bar is not clearly legible. The sign(s) must have dimen-
sions of at least one (1) foot by one (1) foot with letters at least one-half (1/2) inch in
height. All signs must be comfortably readable from a distance of fifteen (15) feet.
(3) Contract with security agency.
a. Generally. The licensee shall participate in a training program with an approved
private securiYy agency, firm or association (hereafter "security aaency") which is
selected and contracts with the city for the purpose of providing investigations and
training to the licensee pursuant to this subsection. The city contract shall provide
(i) that the security agency shall not be reimbursed by the city, but that it shall
recover its costs and profit by fees collected from the licensees which choose to
receive the training program and investigative services, and (ii) that the security
agency shall charge the same amount to all licensees who choose to receive such
services, so that all such licensees are treated equally and without discrimination.
• b. Investigation. The contract with the city shall provide for and require one (1) or
more investigations by the security agency each calendar year into the practices of
the licensee with respect to (i) age idenfification of customers in order to prevent
sales of alcoholic beverages to minors, and (ii) prevenung the sale of alcoholic
beverages to persons who are obviously intoxicated. The contract shall require that
the security agency disclose the results of all such investigations to both the lic-
ensee and, at no cost to the city, to the office of license, inspections and environ-
mental protection, within ten (10) days after such investigations are concluded.
Failure to do so will be grounds for adverse action against the licensee's licenses.
The contract shall require that all such investigations shall include unannounced
and random attempts by minors to purchase alcoholic beverages in the licensed
premises, and surveillance within the licensed premises. The security agency shall
employ reasonable measures to minimize or eliminate conflicts of interest in pro-
viding and reporting on investigations of licensees.
c. Training. The contract shall also provide for alcohol awareness training by the
security agency of all officers, employees or agents of the licensee who work in the
licensed premises at least once during the calendar year. Ail newiy hired employ-
ees or new officers or agents hired during the calendar yeaz shall receive such
training within four (4) weeks following their hiring, and shall not work in the pre-
mises after that four-week period until they have received such training.
d. Standards for approval. In addition to the requirements specified elsewhere in
• this subsection, the security agency and its investigations and training must meet
or exceed the following:
d��g�
\�
J
L The alcohol awareness course shall cover all of the topics listed herein.
The content of each training course shall inciude, but need not be limited
to:
(a) Pertinent laws and ordinances regazding the sale of alcohol.
(b) Verification of age, forms of identificarion, and forms of false or
misleading age identification.
(c) The effect of alcohol on humans and the physiology of alcohol
intoxicarion.
(d) Recognirion of the signs of intoxication.
(e) Strategies for intervention to prevent intoxicated persons from
consuming further alcohol.
(tj The licensee's policies and guidelines, and the employee's role in
observing these policies.
(g) Liability of the person serving alcohol.
(h) Effect of alcohol on pregnant women and their fetuses, and in
other vulnerable situations.
(i) Training available in languages othez than English that aze spo-
ken by the license holders and/or the license holders employees.
2. The security agency shall have a minimum of two (2) years actual expe-
• rience in alcohol awazeness iraining. The courses may be given by one (1)
or more instructors, but each instructor must have a formai education and/
or training in each area they teach. The courses may be supplemented by
audio-visual instruction.
3. The security agency shaIl have sufficient personnel and physical
resonrces to provide an alcohol awareness training course to newly hired
employees within four (4) weeks after their hiring by the licensee with
whom there is a contract. The cost covering the training and investigation
service provided to license holders shall be idenUfied and charged equally
to each participant.
•
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October 6, 2000
•
Administraiive Law Judge
Office of License, Inspections and Enviromental Frotection
City of Saint Paul
15 W Kellogg Blvd
St. Paul, Minnesota 55102
Re: GB Core Inc. 500 Bush St. Paul, MN
The applicant, GB Core Inc., should be denied a business license by the City
of Saint Paul due to applicants willfui negligence and liablity to comply zvith the City of
Saint Paul Legislative Code, the Office of License, Inspections and Envu'omental
Protection, and Minnesota State enviromental laws.
Upon review of applicant's request for a license, the District Five Community
Planning and Economic Development Comuiittee (CPED), inquired into the nature of
the business, its operation, and current facility status. Fred Gonzalez, an employee
of GB Core Inc., informed the Colnmitttee as to the business of recycling vehicle
parts and fluids, its operation timelines, and the business was not in operation.
• (MeeHng Mittuets - Dishict Fioe CPED Commtttee - Thursday, May l i, 2000)
Subsequently, the District F3ve CPED Coiiunittee learned of relevant
information contradicting Fred Gonzalez's of GB Core, Ina Mr. 'IYoy Trooien informed
the Committee of the adverse conditions and the conduct of the applicant operating
the business at 500 Bush without City licensing.
Mr. Trooien e7cpiained GB Core Inc. had been operating the business of
recycling used vehicle engines and parts since October 1999. From October to
December the buiiding was surrounded with dismantled Frito-Lay delivery trucks.
The exterior condition of the properry was poor due to refuse, debris, garbage,
leaking oil drums> and improper disposal of hazardous materials; and the applicant
had been working on the building without a City buffding permit. Mr. Trooien
substantiated the ctaims with photographs of the property.
(Meeting Minuets - Distrtct Fiue CPED Committee - Thursday, May 18, 2000)
Mr. Paul Maruska informed the CPED Committee of the inspecUon of 500 Bush
on Tuesday evening, May 16, 2000 and noted the conditions of unproper handling
and disposing of hazardous materials in a refuse dumpster: Ilourescent buiids,
automotive parts, and used oil dry. Mr. Maruska noted for the Commit#ee, GB Core
Inc. was opezating a business without City licensing due to a large dumpster filled
with dismantled automotive pazts, and vehicle gasoline tanks on paIlets and bindered
for shipment.
(Meeting Minuets - Disirict blue CPED Committee - Thursday, May 18, 2000)
•
o�-g�
• The applicant has shown a disregard for the City of Saint Paul Legislative Code,
willfiil neglect to obtaiu a City business license before operating a business,
improperly handling of disposalable materials for recycling or disposal, and a
nuisance business to the surrounding neighborhood.
Furtheru2ore, applicant's conduct as a repu�able and law abid��husi�€€ss faF
the neighborhood and District �ve Planning CouncIl area is not present �d
applicant's actions to compiy with the City Code and Licensing Department have not
been made in good faith.
Respectfully submitted,
�� �a-�.� ��.
Paul Maruska
District Five Board
District �ve CPED Comtnitttee
1037 Burr Street
Saint Paul, Mimzesota
651-776-8052
cc: Bruce Sylvester, Executive D"uector
District Five Planning Councii
�
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C1Vl�
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�
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County Case N�a'mber
Brown OOSC003480
Filing date Case type
08-10-2000 Small Claims
Responsible Court Official
Burdick, John
Parties
Party type
Defendant
Plaintiff
Plaintiff
Plaintiff
Case Caption
7racy Faccio et al vs Glen Berhow et al
Case Status
Closed
Old Case
Number
ra
�ccess
and traffic
Maintenance
Class Code Description
Sm Claim, Claim Under $
Limit
Party name
Berhow, Glen
Faccio, Tracy
Karcz, Katie
Manders, Jason
Scheduled Activities
Date Time Location
10-18- 1:15PM Commissioners'
2000 Courtroom B
Civil Judgments
Type Debtor
Name
Judgment for Berhow,
money Glen
ase Summa
+nformation for cases prior to 996, contact the
Waukes
County Clerk of Circuit urt - Crimina{ Traffic
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Party Status
Active
Active
Active
Active
Description Court Official
Motion gurdick/Gazeley/Sequin
hearing
Multiple pmount Satisfaction Satisfaction
debtors Date
$
N 1,566.00 N
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Page 2 of 4
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Parties
•
'Party No. 1
Party Name
Faccio, Tracy
Secondary Address
#D36
In custody
No
Party type Date of Birth Sex Race
Plaintiff
Primary Address City
2700 S Memorial Dr Green Bay
Status
Active
State Zip
WI 54313
Party No. 2
Party Name
Berhow, Glen
Secondary Address
2014 Glendale Ave
In custody
No
Party type
Defendant
Primary Address
PO Box 906
Status
Active
Date of Birth Sex Race
City State Zip
Green Bay WI 54305
Party No, 3
Party Name
Karcz, Katie
Secondary Address
#D36
In custody
No
Party type Date of Birth Sex Race
Plaintiff
Primary Address City
2700 S Memorial Dr Green Bay
Status
Active
State Zip
WI 54313
•
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•
Page 3 of 4
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Party No. 4
Party Name
Manders, Jason
Secondary Address
I In custody
No
Party type
Plaintiff
Primary Address
W668 Fish Creek Rd
Status
Active
Date of Birth Sex Race
City State Zip
De Pere WI 54115
Civil Judqments
•
Civil )udgments 1
Judgment Date
09-05-2000
Docketed time
11:44AM
Satisfied
N
Service/event Date
]udgment Type
Judgment for money
Docketed date
09-18-2000
Satisfaction date
to:
Property/Remarks
Judgment Parties
Pa � Name
type
Creditor Faccio,
Tracy
Creditor Karcz,
Katie
Total Amount
$ 1,566.00
Warrant number
Dismissed Status Address City State Zip Attor
Nami
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• II Creditor Manders, N A
Jason
2700 S Green
Memorial BaY WI
Dr
2700 S Green
Memorial gaY WI
Dr
W668
Fish Pere WI
Creek Rd
54313
54313
54115
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Debtor Berhow, N A PO Box
Glen 906
Cost / Amounts
Description
]udgment amount
Small claims filing fee
Green WI
Bay
Page 4 of 4
D�'� �
54305
Amount
$ 1,500.00
$ 66.00
�
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Case Summarv
Case Summary
County
Menominee
Filing date
06-21-1999
• Defendant
Berhow, Glen
E.
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Case Number Case Caption
99TR000288 County of Menominee vs Glen E.
Berhow
Casetype
Traffic Forfeiture
Responsible Court
Official
Schmidt, Earl
Prosecuting Agency
District Attorney
Court Record Events
Defendant
Defendant Name
Berhow, Glen E.
Secondary Address
•
]USTISID
Case Status Maintenance
Closed
DA Case Old Case
Number Number
Prosecuting Attorney
Defenciant
In Custody Date of Birth
No 12-18-1957
Primary Address City
2530 Gemini Rd. Green Bay
Finger Print ID Status
Sex Race
Male
State Zip
WI 54311
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Defendant Attorney(s)
Attorney Name Suffix GAL Entered
Christian, David L N 07-15-1999
Page 2 of 3
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Cha
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Statute /
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346.10(2)
es/ Dispositions JSentences
Severity Description Offense p�ea
Date
�orf. U Passing at 06-20-1999 G
Intersection
Disposition
Dispo. Disposition
No.
1 Guilty / No
Contest
Disposition Disposing Judgment of
Date Court Official Conviction
11-30-1999 Schmidt, Earl Y
Sentences
Sentence.
N o.
1
Sentence /
Condition
Forfeiture / Fine
Time Time Sentence
Date
Citations
•
Cita#ion 1
Citation Number
Z808447-3
Appearance Date
07-26-1999
Name
Berhow, Glen E.
Bond Amount
$ 147.50
Appearance
Time
10:OOAM
Date of Birth
12-18-1957
Deposit Type
None
Mandatory
No
Sex
Male
.../us.wi.state.courts.internet.access.GetJSP?JSP=CaseDetailSelect 10/10/2000
Wisconsin Circuit Court Access
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Street
Z530 Gemini Rd.
Driver's License
Number
B6002855745804
Plate Number
Issuing Agency
County of Menominee
Plantiff Agency
City
Green Bay
State
WI
State
WI
Officer Name
Hughes, Chris
Ordinance Or
Statute
Page 3 of 3
D r'� l
State Zip
WI 54311
Expiration
2006
Expiration VIN
Violation
Date
06-20-1999
Statute
County of Menominee Statute 346.10(2)
Severity Code Severity Description
, OU Forf. U
�
MPH Over
Charge
Description
Passing at
Intersection
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Civi! Case Summa
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County
Brown
Filing
date
• 05-20-
1999
Case
Number
99CV000657
Casetype
Civil
Responsible Court
Official
Atkinson, William
Parties
Party type
Defendant
Defendant
Plaintiff
Case Caption
Page 1 of 3
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Village of Howard vs GB Core Inc et al
Case Status
Closed
Old Case
Number
Party name
Berhow, Glen E
GB Core Inc
Village of Howard
Court Record Events
Parties
�
Maintenance
Class Code Description
Other-Injunction/Restrain
Order
Party Status
Active
Active
Active
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Wisconsin Circuit Court Access
Page 2 � i � t
Party No. 1
Party Name
Party type
Plaintiff
Primary
Address
Date of
Birth
Sex Race
Village of Howard
Secondary
Address
I 2456 Giendale Ave PO Box 12207
In custody
No
Party Attorney(s)
Attorney Name
Duffy, Dennis M
Status
Active
City
Green Bay
Suffix GAL Entered
N 05-20-1999
State Zip
WI 54307-
2207
Withdrawn
Party No. 2
Party Name
GB Core Inc
Secondary Address
In custody
No
Party Attorney(s)
Attorney Name
Metzler, Ronald F
Party type Date of Birth Sex Race
Defendant
Primary Address City
2014 Glendale Ave Green Bay
Status
Active
Suffix GAL Entered
N 07-12-1999
State Zip
WI 54304
Withdrawn
Par�y No. 3
Party Name
Berhow, Glen E
Secondary Address
In custody
Party type Date of Birth Sex Race
Defendant
Primary Address City
2530 Gemini Rd Green Bay
Status
State Zip
WI 54311
.../us.wi.state.courts.internet.access.GetJSP?JSP=CaseDetailSelect 10/10/2000
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No
Party Attorney(s)
Attorney Name
Metzler, Ronald F
Page 3 of 3
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Active
Suffix GAL Entered
Withdrawn
N 07-21-1999
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Wisconsin Circuit Court Access
To obtain Waukesha County criminal and traffic
case
information for cases prior to 1996, contact the
Waukesha
County Clerk of Circuit Court - Criminal Traffic
Division
Civil Case Summa
Case Summary
County Case Number
Brown 99CL000002
Fifing date Case type
01-27-1999 Construction Lien
Case Caption
Triple P Inc vs Glen E Berhow
Case Status
Filed Only
• Responsible Court Official Old Case
Number
Parties
Party type Party name
Defendant Berhow, Glen E
Plaintiff Triple P Inc
Civil 7udgments
Type Debtor
Name
Construction Berhow,
lien Glen E
Court Record Events
Multiple
debtors
�
Page 1 of 3
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Main
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Maintenance
Class Code
Description
Party Status
Active
Active
Amount Satisfaction Satisfaction
Date
$
6,286.22 N
Parties
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Party No. 1
Party Name
Triple P Inc
Secondary Address
D/B/A Peters Concrete
Co.
In custody
No
Party type
Plaintiff
Primary Address
1516 Atkinson
Drive
Status
Active
Date of
Birth
City
Green Bay
Sex Race
State Zip
WI 543031
Party No. 2
Party Name
Berhow, Glen E
Secondary Address
In custody
No
Party type
Defendant
Primary Address
P.O. Box 906
Status
Active
Date of Birth Sex Race
City
Green Bay
State Zip
WI 54305
Civil .7udgments 1
Judgment Date
01-27-1999
Docketed time
3:28PM
Satisfied
N
Service/event Date
�iVl� JUt�C9t11�11'�S
3udgment Type
Construction lien
Docketed date
02-10-1999
Satisfaction date
to:
Tota{ Amount
$ 6,286.22
Warrant number
• Property/Remarks
Part of Lot 1 of 24 CSN 153, described in Jacket 19145, Image 30, Part of Gov. I
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Judgment Parties
Pa � Name Dismissed Status Address City
type
Creditor I� P P N
Debtor Berhow, N
Glen E
Page 3 of 3
DI'a�
State Zip
1516 Green
A Atkinson Bay WI
Drive
P.O. Box Green
A 906 Bay WI
Amount
$ 6,286.22
543�3
54305
Attorr
Name
Cost / Amounts
Description
]udgment amount
�
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Division
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, „ Wisconsin Circuit Court Access
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The Circuit Court Automation Program
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Wisconsin Circuit Court Access
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case
information for cases prior to 1996, contact the
Waukesha
County Clerk of Circuit Court - Criminal Traffic
D ivision
Case Summarv
Summary
County
Brown
Filing date
� 10-07-1998
Defendant
Berhow, Glen
E
•
Case Number
• : • � �FNF:�:3
Case type
Non-Traffic Ordinance
Violation
Responsible Court
Official
Mix, Phoebe A.
Prosecuting Agency
District Attorney
Court Record Events
Defendant
Defendant Name
Berhow, Glen E
Secondary Address
lI1CTTC Tn
Page 1 of 4
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Case Caption
State of Wisconsin vs Glen E
Berhow
Case Status Maintenance
Closed
DA Case Old Case
Number Number
Prosecuting Attorney
�efendant
In Custody Date of Birth
No 12-18-1957
Primary Address
2530 Gemini Rd
Finnnr print T1�
City
Green Bay
Ctat� � a
Sex Race
Ma�e
State Zip
WI 54311
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Statute /
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30.62(3)(b)
ges/ Dispositions/Sentences
Severity Description Offense p�ea
Date
Forf. U �et Ski-Operate w/o 09-05-1998 G
Floatation Device
Disposition
Dispo. Disposition
N o.
1 Guilty / No
I Contest
Disposition Disposing Judgment of
Date Court Official Conviction
10-22-1998 Mix, Phoebe A. Y
Sentences
Sentence.
No.
1
Sentence /
Condition
Forfeiture / Fine
Time Time Sentence
Date
Totat Receivables
Amount Paid Probation amount Balance Due
$ 110.60 $ 110.60 $ 0.00 $ 0.00
* For cases with multiple assessments, the due date represents
the assessment with the latest date.
Due
Date*
Citations
,
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Deposit Type
None
Citation 1
Citation Number Bond Amount
42765 $ 110.60
Appearance Date APpearance
Time
10-29-1998 10:30AM
Name Date of Birth
Berhow, Glen E 12-18-1957
Street City
2530 Gemini Rd Green Bay
Driver's License State
Number
WI
Plate Number State
WI
', Issuing Agency Officer Name
Dept. of Natural
Resources
Plantiff Agency Ordinance Or
Statute
Mandatory
No
Sex
Male
State
WI
Expiration
Page 3 of 4
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Zip
54311
Expiration VIN
Violation
Date
09-05-1998
Statute
State of Wisconsin Statute 30.62(3)(b)
Severity Code Severity Description
OU Forf. U
MPH Over
Charge Description
Jet Ski-Operate w/o
Floatation Device
Help
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` County Clerk of Circuit Court - Criminal Traffic �� �)
• Divisian
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The Circuit Court Automation Program
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Wisconsin Circuit Court Access
To obtain Waukesha County criminal and traffic
case
information for cases prior to 1996, contact the
Waukesha
County Clerk of Circuit Court - Criminal Traffic
Divisian
Case Summa
se Summary
•
County
Brown
Filing date
10-14-1997
Defendant
Case Number
97CT001249
Casetype
Criminal Traffic
Page 1 of 4
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Case Caption
State vs Glen E Berhow
Case Status Maintenance
Closed
Responsible Court DA Case Old Case
Official Number Number
Berhow, Glen Atkinson, William
E
Prosecuting Agency
District Attorney
Court Record Events
Prosecuting Attorney
Madson, Steven J
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Defenclant
Defendant Name
Berhow, Glen E
Secondary Address
JUSTIS ID
in Custody
No
Primary Address
20 NE 2nd St
Finger Print ID
Date of Birth Sex Race
12-18-1957 Male
City State Zip
Minneapolis MN 55413
Status
Active
.../us.wi. state.courts.internet.access.GetJSP?JSP=CaseDetailSelectol0/10/2000
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Defendant Attorney(s)
• Attorney Name Suffix GAL Entered Withdrawn
Peterson, Wayne R N 08-14-1997
Cha
:ount 1
Statute /
Ordinance
346.63(1)(a)
es/DispositionslSentences
Severity Description
Misd. U Operating while
Intoxicated (2nd)
Offense p�ea
Date
08-11-1997 NG
Disposition
Dispo. Disposition Disposition
No. Date
1 Other 04-01-1998
�
Disposing Judgment of
Court Official Conviction
Atkinson, N
William
Count 2
Statute /
Ordinance
346.63(1)(b)
Severity Description
Misd. U Operating while Intox.-
BAC .1%+ (2nd)
Offense
Date
08-i1-1997
Plea
Disposition
Dispo. Disposition Disposition
No. Date
1 Other 03-31-1998
Disposing Judgment of
Court Official Conviction
Atkinson, N
William
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Deposit Type
None
Citation 1
Citation Number Bond Amount
U849447-4 $ 0.00
Appearance Date Appearance
Time
10-16-1997 1:OOPM
Name Date of Birth
Berhow, Glen E 12-18-1957
Street City
20 NE 2nd St Minneapolis
Driver's License State
fVumber
B600-282-162-959 M N
Plate Number State
WI
Issuing Agency
Officer Name
De Pere Police
Dept.
Piantiff Agency
Ordinance Or
Statute
Mandatory
Yes
Sex
Male
State
MN
Page 3 of 4
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Zip
55413
Expiration
2000
Expiration VIN
Violation
Date
08-11-1997
Statute
MPH Over
Charge Description
Operating while
State of Wisconsin Statute 346.63(1)(a) Intoxicated (2nd)
Severity Code Severity Description
MU Misd. U
•
Citation 2
Citation Number Bond Amount
U849602-5 $ 0.00
', Appearance Appearance
' Date Time
10-16-1997 1:OOPM
IU�...e 11��e ..F Qi..FM
Deposit Type
None
Mandatory
Yes
Cev
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Berhow, Gien E
Street
20 NE 2nd St
Driver's License
Number
B600-282-162-
959
Plate Number
vu�c v� ou u�
12-18-1957
City
Minneapolis
State
I►'t1►1
State
WI
Issuing Agency Officer Name
De Pere Police
Dept.
Plantiff Agency Ordinance Or
Statute
oc�
Male
State
MN
Page 4 of 4
b� �
Zip
55413
Expiration
2000
Expiration VIN
Violation
Date
08-11-1997
Statute
MPH Over
Charge Description
State of Wisconsin Statute 346.63(1)(b) AC r1%g (2nd) Intox.-
Severity Code Severity Description
MU Misd. U
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� - Wksconsin Circuit Court Access
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The Circuit Court Automation Program
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Wisconsin Circuit Court Access
To obtain Waukesha County criminal and traffic
case
information for cases prior to 1996, contact the
Waukesha
County Clerk of Circuit Court - Criminal Traffic
Divisian
Page 1 of 4
o l
Main
Menu
Case Summary
:ase St�mmary
County Case Number Case Caption
Brown 96TR001108 State of Wisconsin vs GLEN E
BERHOW
Filing date
• 04-01-1996
Defendant
BERHOW,GLEN
E
Case type
Traffic Forfeiture
Responsible Court
Official
Atkinson, Wilfiam
Prosecuting Agency
District Attorney
Court Record Events
Case Status Maintenance
Closed
DA Case Old Case
Number Number
Prosecuting Attorney
Madson, Steven J
'� r ._. �
Defendant
Defendant Name
BERHOW,GLEN E
Secondary Address
u
7USTI5 ID
In Custody
No
Primary Address
2057 BRADBURY LN
Finger Print ID
Date of Birth
12-18-1957
City
GREEN BAY
Status
Sex Race
Male
State Zip
WI 54313
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• - Wnsconsin Circuit Court Access
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•
Cha
•
Active
:ount 1
Statute /
Ordinance
346.89(1}
Page 2 of 4
°��t
es/Dispositions/Sentences
Severity Description Offense plea
Date
Forf. U INATTENTIVE 03-09-1996 G
DRIVING
Disposition Disposing Judgment of
Date Court Official Conviction
09-16-1996 Atkinson, Y
William
Disposition
Dispo. Disposition
No.
1 Guilty / No
Contest
Sentences
Sentence.
No.
1
Sentence.
N o.
2
Sentence.
No.
3
Sentence /
Condition
Forfeiture / Fine
Sentence /
Condition
Costs
Sentence /
Condition
Forfeiture / Fine
Time Time Sentence
Date
Time Time Sentence
Date
Time Time Sentence
Date
5
Yea rs
Citations
`
.../us.wi.state.courts.internet.access.Get7SP?JSP=CaseDetailSelect 10/10/2000
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Bond Amount
$ 30.00
Appearance
Time
8:30AM
Date of Birth
12-18-1957
City
GREEN BAY
Citation 1
Citation Number
W 488174
� Appearance Date
05-02-1996
NBme
BERHOW,GLEN E
Street
2057 BRADBURY LN
Driver's License
Number
B600 2855 7458 04
Plate Number
; Issuing Agency
I State Patrol
� Plantiffi Agency
I Stiate of Wisconsin
Severity Code
OU
State
WI
State
Officer Name
Ordinance Or
Statute
Statute
Deposit Type
None
Mandatory
No
Sex
Male
State
WI
Page 3 of 4
Dl-q�
Zip
54313
Expiration
Expiration VIN
Violation
Date
03-09-1996
Statute
346.89(1)
Severity Description
Forf. U
MPH Over
Charge
Description
INATTENTIVE
DRIVING
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The Circuit Court Automation Program
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Wisconsin Circuit Court Access
To obtain Waukesha County criminal and traffic
case
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County Clerk of Circuit Court - Criminal Traffic
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Civil Case Summa
•
Summary
County
: .. �
Case Number Case Caption
Page 1 of 2
o�`gl
Main
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95SC000358 LIZER LAWN CARE vs GLEN BERHOW
Filing Case type Case Status
date
01-23- Small Claims Closed
1995
Responsible Court Old Case
Official Number
Gazeley, Lawrence L.
Parties
Party type
Defendant
Plaintiff
Party name
BERHOW,GLEN
LIZER LAWN CARE
Court Record Events
Par�ies
�
Maintenance
Class Code Description
Sm Claim, Claim Under $
Limit
Party Status
Active
Active
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� Wisconsin Circuit Court Access
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Page 2 of 2
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Party No. i
Party Name
LIZER LAWN CARE
Secondary Address
In custody
Q.�
Party Attorney(s)
Attorney Name
Calewarts, Kenneth G
Party type
Plaintiff
Primary Address
428 N SUPERIOR ST
Status
Active
Suffix GAL
N
State Zip
WI 54115
Withdrawn
Party No. 2
Party Name
BERHOW,GLEN
Secondary Address
In custody
No
Party Attorney(s)
Attorney Name
Metzler, Ronald F
Party type
Defendant
Primary Address
2057 BRP,DBURY LN
Status
Active
Date of Birth Sex Race
City
DE PERE
Entered
01-23-1995
Date of Birth Sex Race
City
GREEN BAY
Suffix GAL Entered
N 01-23-1995
State Zip
WI 54313
Withdrawn
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H -� case
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Division
../us.wi.state.courts.internet.access.GetJSP?JSP=CaseDetailSelect 10J10/2000
Wisconsin Circuit Court Access
�
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The Circuit Court Automation Program
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Wisconsin Circuit Court Access
To obtain Waukesha County criminal and traffic
case
infarmation for cases prior to 1996, contact the
Waukesha
County Clerk of Circuit Court - Criminal Traffic
D
Case Summarv
se Summary
County
Brown
Filing date
07-26-1993
• Defendant
BERHOW,GLEN
E
•
Case Number
93CM000924
Casetype
Misdemeanor
Responsible Court
Official
Dilweg, Vivi L.
Prosecuting Agency
District Attorney
Court Record Events
Defendant
Defendant Name
j BERHOW,GLEN E
Page 1 of 2
o!-��
Main
Menu
Case Caption
State vs GLEN E BERHOW
Case Status
Closed
DA Case
Number
Maintenance
Old Case
Number
Prosecuting Attorney
Zakowski, John P
Defendant
In Custody Date of Birth Sex
No 12-18-1957 Male
Race
Secondary Address Primary Address City State Zip
1078 LIME KILN RD GREEN BAY WI 54302
JUSTIS ID
Finger Print ID Status
Active
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Coun# 1
Statute /
Ordinance
940.19(1)
es/ Dispositions/Sentences
Severity Description
Misd. U BATTERY CLASS A
MISD
Offense p�ea
Date
05-05-1993 G
Disposition
Dispo. Disposition
N o.
Disposition
Date
1 Guilty / No
Contest
entences
❑
C�
10-15-1993
Disposing Judgment of
Court Official Conviction
Dilweg, Vivi L. Y
The Circuit Court Automation Program
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To obtain Waukesha County criminal and traffic Main
H—e�� case Me
information for cases prior to i996, contact the ^
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Page 1 of 2
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Main
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The Circuit Court Automation Program
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Division
Previous paqe Next paae
Displaying records 11 through 15
From a Total of 20
Search Criteria
Party Last Name exactly matches berhow
Party First Name starts with gien
Sorted First By: Filing Date (Descending}
C�
•
Case Filing County Case Date
Number Date Name Status Name Of Caption
Birth
GLEN
94SC002710 06-20- grown Closed BERHOW,GLEN BERHOW
1994 vs ROGER
PINGEL
12- State vs
93CM00 07 Brown Closed g�RNOW,GLEN 18- GLEN E
— — 1993 E 1957 BERHOW
Brown
93TR001469 05-24- grown Closed BERH�W,GLEN i�_ County vs
1993 E 1957 GLEN E
BERHOW
City of De
92TR003061 10-05- grown Closed gERHOW,GLEN 18_ Pere vs
1992 E 1957 GLEN E
BERHOW
.../ 971200725579 ResultSetll.html&EnforceServerPath=0-1-&Sf10/IO/2000
,_ �consin Circuit Court Access
,
•
�C"�1
PHILIP F
92SC002057 03-31- grown Closed BERHOW,GLEN LEE vs
1992 E GLEN E
BERHOW
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Page 2 of 2
Main
Menu
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Wisconsin Circuit Court Access
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�
�
�
The Circuit Court Automation Program
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Wisconsin Circuit Court Access
To obtain Waukesha County criminal and traffic
case
information for cases prior to 1996, contact the
Waukesha
County Clerk of Circuit Court - Criminal Traffic
Division
Case Summarv
ase Summary
County
: • � �
Filing date
10-05-1992
•
Defendant
Case Number
92TR003061
Case type
Traffic Forfeiture
Responsible Court
Official
BERHOW,GLEN Naze, Peter J.
E
Prosecuting Agency
City of De Pere Atty.
Court Record Events
Page 1 of 3
01-�9 �
Main
Menu
Case Caption
City of De Pere vs GLEN E
BERHOW
Case Status Maintenance
Closed
DA Case Old Case
Number Number
Prosecuting Attorney
Kalny, James M
'�` - a .
Defendant
Defendant Name
BERHOW,GLEN E
Secondary Address
•
JUSTISID
In Custody
No
Primary Address
1078 LIME KILN RD
Finger Print ID
Date of Birth Sex Race
12-18-1957 Male
City
GREEN BAY
State Zip
WI 54302
Status
.../us.wi.state.courts.internet.access.GetJSP?JSP=CaseDetailSelecto 10/10/2000
•
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Wisconsin Circuit Court Access
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Active
Cha
:ount 1
Statute /
Ordinance
346.63(1)(A)
Page 2 of 3
DI-91
es/Dispositions/Sentences
Severity Description Offense p�ea
Date
Forf. U OPER UNDER 09-18-1992 G
INFLUENCE
Disposition
Dispo. Disposition
No.
1 Guilty / No
Contest
Disposition Disposing Judgment of
Date Court Official Co�viction
02-19-1993 Naze, Peter J. Y
Sentence.
N o.
1
Sentence.
� No.
I Z
Sentence.
No.
3
Sentence,
N o.
4
Sentence /
Condition
Forfeiture / Fine
Sentence /
Condition
Alcohoi assessment
Sentence /
Condition
Costs
Sentence /
Condition
License suspended
Time
Time
Time
Time
6
Months
Time Sentence
Date
05-07-1993
Time Sentence
Date
05-07-1993
Time Sentence
Date
05-0�-1993
Time Sentence
Date
05-07-1993
..Jus.wi.state.courts.internet.access.GetJSP?JSP=CaseDetailSelect 10/10/2000
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�
�
�
Wisconsin Circuit Court Access
.
Help
The Circuit Court Automation Program
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Wisconsin Circuit Court Access
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- -- — - - -- - --- — - --- - - - -
Civil Case Summary
se Summary
�
County Case Number Case Caption
Brown 92SC002057 PHILIP F LEE vs GLEN E BERHOW
Filing date Case type
03-31-1992 Small Claims
Responsibie Court Official
Burdick, John
Parties
Party type
Defendant
Plaintiff
Page 1 of 2
Dl �
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Case Status Maintenance
Ciosed
Old Case Number Class Code Description
Small Claims, Eviction
Party name
BERHOW,GLEN E
LEE,PHILIP F
Court Record Events
Parties
Party No. �
Party Name
LEE,PHILIP F
Secondary Address
• ( I In custody
I Nn
Party type
Plaintiff
Primary Address
1931 BELLEVUE ST
Status
Active
Party Status
Active
Active
Date of Birth Sex Race
City State Zip
GREEN BAY WI 54311
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._ �
�C��t/
_ �� -- - ---� - - II
•
��
�
Party No. 2
Party Name Party type Date of Birth Sex Race
BERHOW,GLEN E Defendant
Secondary Address Primary Address City State Zip
PO BOX 906 GREEN BAY WI 54305
In custody
�
Alias
Alias Name
' G B CORE INC
Status
Active
Alias type Date Of Birth
Doing Business As
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Civil Case Summa
se Summary
•
County Case Number
Brown 9ZSC001610
Filing date Case type
03-11-1992 Small Claims
Responsible Court Official
Burdick, John
Parties
Party type
Defendant
Plaintiff
Main
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Case Caption
PHILLIP F LEE vs GLEN E BERHOW
Case Status Maintenance
Closed
��"ql
Old Case Number Class Code Description
Small Claims, Eviction
Party name
BERHOW,GLEN E
LEE,PHILLIP F
Court Record Events
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Active
Active
., ; _
Party No. 1
Party Name Party type Date of Birth Sex Race
', LEE,PHILLIP F Plaintiff
Secondary Address Primary Address City State Zip
1931 BELLEVUE ST GREEN BAY WI 54311
• I( In custody Status
Nn
Active
Page 1 of 2
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. ol-��
� --- .------ II
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Party No. 2
Party Name
BERHOW,GLEN E
Secondary Address
PO BOX 906
In custody
No
Alias
Alias Name
G B CORE INC
Party type Date of Birth Sex Race
Defendant
Primary Address City State Zip
GREEN BAY WI 54305
Status
Active
Alias type Date Of Birth
Doing Business As
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_ -- - -- ------- —
Case Summarv
Case Summary
County
Brown
Filing date
02-12-1992
• Defendant
BERHOW,GLEN
E
Case Number
92CM000179
Casetype
Misdemeanor
Responsible Court
Officiai
Schaefer, Nick
Prosecuting Agency
District Attorney
Court Record Events
Case Caption
State vs GLEN E BERHOW
Case Status Maintenance
Closed
DA Case Old Case
Number Number
Prosecuting Attorney
Shaha, Roger J
, ���'�a
•
Defendant
Defendant Name
BERHOW,GLEN E
i Secondary Address
JUSTIS ID
in Custody
No
Primary Address
1078 LIME KILN RD
Finger Print ID
Date af Birth
12-18-1957
City
GREEN BAY
Status
Active
Page i of 3
Sex Race
I►'IE1C
State Zip
WI 54302
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1
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Page 2 of 3
��1 �� �
C�i'f1
:ount 1
Statute /
Ordinance
813.12(8)
�ges j Dispositions/Sentences
Severity Description Offense
Date
Misd. U VIOLATION OF DOMESTIC 01-21-
ABUSEINJUNCTIO 1992
Plea
�
Disposition
�� Disposition Disposition
No. Date
i Amend 07-19-1992
Disposing
Court Official
Schaefer, Nick
Judgment of
Conviction
N
Caunt I
Statute /
Ordinance
31.02
Severity Description Offense p�ea
Date
Forf. U
Disposition
Dispo. Disposition
No.
DISORDERLY 01-21-1992 G
CONDUCT
Disposition Disposing Judgment of
Date Court Official Conviction
1 Guilty / No 05-21-1992
Contest
5entences
Sentence.
No,
1
Sentence.
No.
2
Sentence.
Sentence /
Condition
Forfeiture / Fine
Sentence /
Condition
Costs
Sentence /
Schaefer, Nick Y
Time Time Sentence
Date
03-03-1992
Time Time Sentence
Date
03-03-1992
TimP Timra Sentence
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I. C}l
3
Condition
Forfeiture / Fine
03-03-1992
,
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C�
�
Page 3 of 3
DI-J�
....` .....` Date
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�
0
Party type
� The Circuit Court Automation Program
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H� case Menu
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Civil Case Summarv
Summary
�
County Case Number Case Caption
Brown 91FA001134 STEPHANIE J BERHOW vs GLEN E BERHOW
Filing date Case type Case Status Maintenance
i1-15-1991 Family Closed
Responsible Court Official Old Case Number Class Code Description
Atkinson, William
Parties
Party type Party name
Petitioner BERHOW,STEPHANIE J
Respondent BERHOW,GLEN E
Court Record Events '
�c'�1'tl@S
i41o. 1
Party Name
BERHOW,STEPHANIEJ
Secondary Address
� ( In custody
No
Petitioner
Divorce
Page 1 of 2
01-9�
Party Status
Active
Active
Date of Birth Sex Race
Primary Address City
703 N ADAMS ST DE PERE
Status
Active
State Zip
WI 54115
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.
�
�
�
Party Attorney(s)
Attorney Name
Roznowski, Thomas W
Suffix GAL Entered
N i1-15-1991
Page 2 of 2
Ol-�1�
Withdrawn
Party Na. 2
Party Name
SERHOW,GLEN E
Secondary Address
In custody
No
Party Attorney(s)
Attorney Name
Peterson, Wayne R
Party type
Respondent
Primary Address
1078 LIME KILN RD
Status
Active
Date of Birth Sex Race
City
GREEN BAY
Suffix GAL Entered
N 11-15-1991
State 2ip
WI 54302
Withdrawn
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Page 1 of 2
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information for cases prior to 1996, contact the
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D i v ision
- - - - - — - --- ----------- — - - - -- -- --- -
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Hei
Summary
County
Brown
Filing
date
• I1-Oi-
1991
Case
Number
91CV001672
Casetype
Civil
Case Caption
STEPHANIE BERHOW vs GLEN E BERHOW
Case Status
Closed
Responsible Court
Official
Burdick, John
Parties
Party type
Defendant
Plaintiff
Old Case
Number
Party name
BERHOW,GLEN E
BERHOW,STEPHANIE
Court Record Events
Parties
��
Maintenance
Class Code Description
Domestic Abuse-Temp Rest
Order
Party Status
Active
Active
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Status
r
Party No. i
Party Name Party type Date of Birth Sex Race
� BERNOW,STEPHANIE Plaintiff
Secondary Address Primary Address City State Zip
1078 LIME KILN RD GREEN BAY WI 54302
In custody
No
.
�
Active
Page 2 of 2
�1- r
Party No. 2
Party Name
BERHOW,GLEN E
Secondary Address
Party type
Defendant
Primary Address
1078 LIME KILN RD
Status
Date of Birth Sex Race
City State Zip
GREEN BAY WI 54302
In custody
�
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4RIG1f�AL
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Refened To
Committee: Date
!y
�
1 RESOLVED, that the Recycling Processing Center license application by Glen E.
2 Berhow, d/b/a G.B. Core, for the premises at 500 Bush Street in Saint Paul is hereby denied.
3
4 FURTHER RESOLVED, that the findings of fact and conclusions of law contained in the
5 Administrative Law Judge Report in this matter dated December 19, 2000 are adopted as the
6 written findings and conclusions of the Council in this matter, except as amended below. The
7 reasoning of the Memorandum of the ALJ attached to the findings and conclusions is not
8 adopted. The recommendation of the ALJ for issuance of the license is also not adopted.
10 FURTHER RESOLVED, that the following amendments to the ALJ Report are hereby
I1 adopted:
12
13 1
14
Finding of Fact #3 is amended to read as follows:
15 " 3. G.B. Core has operated at locarion in St. Paul for several years receiving
16 goods for inspection, processing the goods and shipping them to its Green Bay
17 headquarters. G.B. Core has never obtained a license to do business in St. Paul.
18
19
20
21
22
23
24
25
26
27
2.
3.
Finding of Fact #4 is amended to read as follows:
" 4. In the Fall of 1999, G.B. Core purchased property at 500 Bush Street in St.
Paul and moved its business operation to that site. G.B. Core never contacted the
Office of License and Inspections to determine whether thev needed a license to
o�erate their business."
The following Finding of Fact #17A is added:
28 "17A. Mr. Trooien, who lives next doar to the proroertv, testified to a number of
29 occasions when he observed fresh oil spills on the �round outside the buildine at
30 500 Bush Avenue. He �rovided photo�ra�hs of the spots, the recvcled auto parts
31 that might contain such oil and of oil druins on the propertv, and testified that he
32 had personallv observed that the substance on the eround appeared to be motor
33 oil."
34
35
36
37
38
4. Finding of Fact #20 is amended to read as follows:
" 20. Neither Schweinler nor Zangs were aware of any complaints about the
Applicant at any prior addresses. It was undisputed that Applicant had operated at
Council File # Q�_�
Green Sheet # �C�(n Q \ �
1 prior addresses in Saint Paul for man�vears without a license, and there was no
2 testimonv that he had ever inquired about the need for a license or affirmativeiy ��—h�
3 exnlored whether there were requirements for his business.
4
5 5. Conclusion # 6 is amended to read as follows:
6
7 " 6. That Applicant has the burden of showing that he is entitled to issuance of a
8 license. The Record supports that the property in question is properly zoned for
9 the type of business conducted by ffie Applicant; that all the necessary approvals
10 have been received from the City departments; and, the Applicant hs agreed to
11 condtions on the license to insure compliance of local, county, and state statutes,
12 rules and regulations, as well as to deal with some of the concerns voiced by the
13 neighbors. The Applicant has not met its burden of proof. however, because the
14 testimonv showin tg he repeated violations of laws relating to disposal of
15 hazazdous waste while this matter was pendin¢, and the operation without a
16 license at prior locations and at this location show that A�piicant has en�a e¢ d in a
17 uattern or practice of conduct of failure to compiy with laws reasonablv related to
18 the licensed activitv, which is a basis for adverse action under Saint Paul
19 Leeislative Code &310.06(b�)c, and the unlawful dis�osal of oil created serious
20 daneer to the public health, safet�r welfaze, which is a basis for adverse action
21 under Saint Paul Leeislative Code §310.06(b2(7Z
22
23 6. Conclusion # 7 is amended to read as follows:
24
25 " 4. The Record does r�et support the District Five Council's objections that the
26 Applicant is unfit under St. Paul Legislative Code Section 310.06(b)(6)c. and
27 section 310.06(bl(71, based upon the testimony of a pattern of violations of laws
28 relating to disposal of hazazdous waste and the long period of operation without a
29 license at prior locations without any affirmative attempts to deterxnine whether
30
31
32
33
34
licenses were required as well as operation at the current location without a
license.
Conclusion # 10 is deleted in its entirety.
35 This Resolution is based on the record of the proceedings before the ALJ, including the
36 hearing on October 12, 2000, the documents and exhibits introduced therein, the findings of fact
37 and conclusions of law of the ALJ as referenced above, and the deliberations of the Council in
38 open session on January 24, 2001.
39
1
2
3
4
5
A copy of this Resolution, as adopted, shall be sent by first class mail to the
Administrative Law Judge, and to the License ApplicanYs attorney, James Yazosh.
QRiG��IAL
�\-
Requested by Department of:
Adopted by Council: Date ��. '1 aa'�OZ
�
Adoption Certified by Council Secretary
By: `�_ � A�._._
Approved by Mayor: Date � Z� ��---
I
BY � �
By:
Form Approved by City Att ey
By: i o
Approved by Mayor for Submission to Council
By:
� �•q1
GREEN SHEET
Virginia Palmer
February 7, 2001 - Consent
�
TOTAL # OF SIGNATURE PAGES
ooun�roR�a�
N�106017
anaau�
❑ CIIYAiTOAlY ❑ pi\ Ctilll[
❑ wwem�auxeno.� ❑ nuxaiumm.ccro
�wra�eroRw+osr�xn ❑
(CLIP ALL LOCATIONS FOR SIGNANRE)
Resolurion memorializing City Council action taken Jattuary 24, 2001, denying the application for a
Recycling Processing Center License by Glen E. Berhow, dba G.B. Core, Inc., 500 Bush Street.
PLANNING COMMISSION
CIB CAMMITTEE
CNIL SERVICE CAMMISSION
ITAGES IF NOT APPROVEC
70UNT OF TRANSACTION
SOURCE
NFORMAiiON (F1�WN)
266-8710
� mm �� �r�ea ��ee. a� r«mK a�srtme�n
YES Na
lias Mis P�� ever been e dty empbyee9
rES rio
ooes m�s r�� a�s a sav na nam�boos.ecaed qr amr a,Rern cny emawreee
rES �
b thic pneaVfimi a tarpetetl vxdaR
YES MO
tlain dl vea �s an aeoa2te sheet end ffitach b➢reen aheet
COST/REVENUE BUDGETED (CIRq.E ONE)
I��iil9iiC1 ��:1
YES NO
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
100 Washington Square, Suite 1700
100 Washington Avenue South
Minneapolis, Minnesota 55401-2138 � —
December 19, 2000
Fred Owusu, City Clerk
City of Saint Paul
170 City Hall
15 West Kellogg Blvd.
Saint Paul, MN 55102
RE: In the Matter of the License Application of Glen E.
Berhow d/b/a G.B. Core, Inc.; OAH Docket No. 9-2111-
13169-2
Dear City Clerk Owusu:
� �
Enclosed herewith and served upon you by mail is the Administrative Law
Judge's Findings of Fact, Conclusions and Recommendation in the above-
entitled matter. Also enclosed is the official record, with the exception of the tape
recording of the hearing. Copies of those tapes will be sent to you under
separate cover. Our file in this matter is now being closed.
Sincerely,
=�����- � �-�'
PHYLLIS A. REHA
Administrative Law Judge
Telephone: 612/341-7602
PAR:aws
Encl.
cc: Virginia D. Palmer, Assistant St. Paul City Attorney
James A. Yarosh, Attorney at Law
R��E��!E�
�EC 21 2000
�d �`Y �L�F�f�
Providing Impartial Hearings for Govemment and Citizens
An Equal Opportunity Employer
Administrative Law Section &Administrative Services (612) 341-7600 �TfY No. (612) 341-7346� Fax No. (612) 349-2665
oi- qr
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 19 day of December, 2000, at the City of Minneapolis, county and state
aforementioned, she served the attached Findings of Fact, Conclusions and
Recommendation; Docket No. 9-2111-13169-2 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 Hail
15 West Kellogg Bivd.
Saint Paul, MN 55102
Virginia D. Palmer
Assistant St. Paul City Attorney
400 City Hall
15 West Kellogg Blvd.
Saint Paul, MN 55102
James A. Yarosh
Attorney at Law
1300 Washington Square
100 Washington Avenue South
Minneapolis, MN 55401
Subscribed and sworn to before me
this � h day of December,
�
��.�
Debra S. Aws
'r���
�� IeVONRE�
Morun r�. y
MN COMMISSION EXPF
JANUMY 31.20pg
0�-4�
9-2111-13169-3
OFFICE OF ADMINISTRATIVE HEARINGS STATE OF MINNESOTA
FOR THE CITY OF SAINT PAUL
In the Matter of the License Application of FINDfNGS OF FACT,
Glen E. Berhow d/b/a G.B. Core, Inc. CONCLUSIONS OF LAW
AND RECOMMENDATION
The above-entitled matter came on for hearing before Administrative Law
Judge Phyllis A. Reha at 9:30 a.m. on October 12, 2000 in Room 220, St. Paul
City Hall, Ramsey County Courthouse, 15 West Kellogg Boulevard, St. Paul,
Minnesota.
Virginia D. Palmer, Assistant St. Paul City Attorney, 400 City Hall, 15 West
Kellogg Boulevard, St. Paul, Minnesota, appeared on behalf of the Office of
License, Inspections and Environmental Protection (LIEP). James A. Yarosh,
Attorney at Law, 1300 Washington Square, 100 Washington Avenue South,
Minneapolis, Minnesota, 55401 appeared on behalf of the Applicant, Glen E.
Berhow, d/b/a G.B. Core, Inc.
The record closed on November 7, 2000 with the receipt with the Iast post-
hearing submission.
NOTICE
This Report is a recommendation, not a final decision. The City Councii
will make the final decision in this matter, after its review of the record. The City
Council may adopt, reject or modify the Findings of Fact, Conclusions, and
Recommendation contained herein. The Council will consider the evidence in
this case and the Administrative Law Judge's Recommendation, but will not
consider any factual testimony not previously submitted to and considered by the
Administrative Law Judge. The Licensee will have an opportunity to present oral
or written arguments regarding its position on the Recommendation of the
Administrative Law Judge in the application of the law or interpretation of the
facts and may present argument related to its position. Parties should contact
the Saint Paul City Council, 310 City Hall, Saint Paul, Minnesota 55102 to
ascertain when the Council will consider this matter and procedures for filing
exceptions or presenting arguments.
STATEMENT OF ISSUE
The issue in this matter is whether the City should grant a Recycling
Processing Center License to the Applicant, Glen E. Berhow, d/b/a G.B. Core,
Inc.:
Based upon all of the proceedings herein, the Administrative Law Judge
makes the following:
���g t
FINDINGS OF FACT
1. G.B. Core, Inc. is a company that purchases used engines,
transmissions and catalytic converters and selis them to remanufacturing
companies throughout the world.'
2. The company has been in business for over 12 years and has its
corporate headquarters in Green Bay, Wisconsin?
3. G.B. Core has operated at locations in St. Paul for several years
receiving goods for inspection, processing the goods and shipping them to its
Green Bay headquarters.
4. {n the Fa11 of 1999, G.B. Core purchased property at 500 Bush Street
in St. Paul and moved its business operations to that site.
5. The property on which the business is located is zoned I-1 Industrial,
and would allow the collection and storage of auto parts, but would not permit
any type of auto salvage. G.B. Core does not operate a saivage operation.
6. The existence of the business first came to the attention of St. Paul
O�ce of License, Inspection and Environmental Protection ("LIEP') when they
investigated a complaint concerning alleged auto salvage activity on the street in
front of the property. The zoning administrator advised those present that they
could complete the operation but that no additional activity would be allowed in
the building or surrounding property until zoning, licensing and building
recertification issues were resolved.
7. The Applicant was advised in a letter dated December 2, 1999 that it
could not operate until a license was issued.' After the Applicant advised LIEP
that the nature of the business did not include any type of auto salvage, staff of
LIEP advised the Applicant that it was a practice of the City to allow a business to
operate while a license application was pending. On December 10, 1999,
Lawrence Zangs of LIEP sent a letter to Glen Berhow, the President of G.B. Core
stating that G.B. Core needed to obtain a business license for a recycling action
center. Zangs indicated that the property was appropriately zoned for G.B.
Core's use. LIEP determined that a Recycling Center License was the type of
St. Paul City Ordinance license, which best fit G.B. Core's business.'
8. The Applicant submitted an application for the Recycling Center
License on January 3, 2000.
' Testimony of Glen E. Berhow, President, G.B. Core, Inc.
2 Id.
3 �d.
° Id.
5 Exhibit 1, Testimony of Lawrence Zangs.
6 Testimony of Lawrence Zangs.
' Exhibit 1.
8 Testimony of Berhow, Schweinler and Zangs.
9 Exhibit 3.
10 Testimony of Schweinler and Zangs.
2
�!-R�
9. The Appiicant was notified by letter dated March 9, 2000 that LIEP
still needed some information for the license application, inciuding a copy of the
lease or purchase agreement for the property, a copy of the State of Minnesota
tax identification number certificate, and a signed copy of conditions being
proposed for the license. The letter also included the following statement: "If you
wish to continue to operate your business, you must submit the aforementioned
requirements by March 20, 2000."
10. 7he Applicant agreed to the placement of the following five
conditions on the license:
(1) The collection and processing of parts, for shipment, shall be
conducted inside the building.
(2) The business operation at this licensed premise should not be in
the manner of an auto salvage use.
(3) There shall be no exterior storage.
(4) The handling and storage of vehicle fluids, batteries, etc. shall
be in accordance with the Ramsey County waste regulations.
(5) The dumpster must be stored on the property and not in the
alley, street, or on the public sidewalk.
11. A copy of these license conditions was signed by the Applicant on
March 13, 2000, and the license was considered complete and proceeded
forward.
12. The Applicant agreed to a sixth condition after a public hearing,
which limits the business hours of operation from 7:00 a.m. to 7:00 p.m. The
sixth condition was signed on August 17 2000,
13. A Recycling Collection Center License is a Class N License which
requires notice of the license application to be sent to properties within 300 feet
of the proposed location, and the District Council or neighborhood organization,
and attow them an opportunity to object to the ficense.'
14. Notice was sent by LIEP to the properties and the District Five
Planning Council. LIEP received several objections from property owners and
the District Five Planning Council. A hearing was scheduled before a
Legislative Hearin�q Officer on May 10, 2000, and then rescheduled and held on
August 17, 2000.'
15. The Office of LIEP summarized the licensing application for the
Legislative Hearing Officer, and recommended issuance of the license with six
" Exhibit 5.
1z Exhibit 6.
'3 Id.
' Testimony of Schweinler, Saint Paul Legislative Code Section 310.04 (d)(1).
15 Exhibit 8 and 10.
16 Exhibit 9 and 12.
3
� t- 9!
conditions. These were the five conditions initially signed by Applicant and the
additional sixth condition added after the hearing on August 17, 2000."
16. Objections were raised at the hearing to issuance of the license by
the District Five Planning Council based upon the following allegations: 1) that
the Applicant was operating before the license was issued; 2) that the Applicant
was illegally disposing of hazardous materials; 3) that the Applicant was doing
work on the building withoui permits; and, 4) that engine and auto parts were
being left outside of the building, in violation of one of the proposed conditions. A
neighbor objected to issuance of the license because the business was operating
without a license, was doing building without permits and was illegaliy disposing
of hazardous materials.
17. City Inspector Christine Schweinler, who determined no violations
existed, investigated the objections and complaints. Schweinler referred the
hazardous material complaint to Ramsey County. Typically, if there were a
violation of County environmental regulations, Schweinler would hear back from
the County. With respect to G.B. Core's operation, Schweinler never heard back
from the County.'
18. Mike Cimmaglio, an Inspector from the Ramsey County Department
of Public Health, Environmental Health Section, visited G.B. Core's property. Mr.
Cimmaglio informed the Applicant about the hazardous waste management plan
which requires a business to store and label used oil containers according to the
inspection reports and requires regular reporting by the business?
19. G.B. Core, at the suggestion of the City's fire inspector, placed the
drums of used oil it collects in the ordinary course of business on a platform so
as to avoid any possibility that oil could spill on the floor 2
20. Neither Schweinler nor Zangs were aware of any complaints about
the Applicant at any prior addresses.
21. Before alteration to the building, the Applicant asked the City
whether it needed a building permit. The City informed the Applicant that no
permit was necessary for the type of alterations it intended to make. After the
August 17, 2000 public hearing concerning the license, the Applicant checked
with a City building inspector to assure himself that he wouid not need to obtain a
building permit. The building inspector informed the Applicant that to be on the
safe side he should obtain a minor building permit. G.B. Core obtained the
permit. The Applicant was not charged with any type of violation of building
permit requirements2
"Exhibit 11 and 15.
18 Exhibit 15.
t9 Testimony of Schweinler.
20 Testimony of Fred Gonzales.
Z' Id.
ZZ Testimony of Schweinler and Zangs.
23 Testimony of Berhow.
0
01-9�
22. With respect to the auto parts and other debris being left outside the
building, Schweinler, upon her visit to the property, did not observe any auto
parts or garbage outside of the building?'
23. It is common knowledge among City officials that iilegal dumping of
garbage is a problem in that area of Saint Paul. The ApplicanYs employees
maintain clean premises and appropriately dispose of garbage dumped on its
property Z5
24. After a review by the relevant departments within the City, the City
staff recommended approval of G.B. Core's recycling Collection Center License.
25. The Legislative Hearing Officer sent the matter to the City Council
on September 6, 2000 with a recommendation that the license be issued with the
six proposed conditions. The City Council sent the matter to be heard before an
Administrative Law Judge from the Office of Administrative Hearings.
26. Notice of the Hearing was sent to the Applicant and to a number of
neighborhood groups, including the District Five Planning Council.
27. The LIEP staff continued to recommend issuance of the license with
the conditions proposed, and which Applicant had agreed to. The LIEP staff
determined that they determined the appropriate type of license for the business
Applicant intended to operate, and that the Recycling Processing Center License
is the closest licensure appropriate for this business.
28. Bruce Sylvester, a paid staff person for the District Five Planning
Council, and Troy Trooien, whose home is directly adjacent to the property, both
testified at the hearing in opposition to the license. The opposition is consistent
with the previous opposition submitted to the Legislative Hearing Officer. Mr.
Trooien further recommended a number of additional conditions, including the
foilowing:
(1) Keeping a cover over the scrap metal dumpster;
(2) Requiring the Applicant and all employees to undergo training in
the storage and disposal of hazardous waste;
(3) Making unannounced inspections by the neighborhood council;
(4) Requiring the Applicant to post a perfiormance bond;
(5) Requiring the Applicant to construct a fence around the eastern
portion of the property; and
(6) Requiring the Applicant to keep the dumpster locked during
non-business hours.
29. John Londino, a neighbor to the property, also testified in opposition
to the license. He is concerned that the business is not operating within the
hours set forth in the conditions. He is further concerned that the trucks
24 Testimony of Schweinler.
25 Testimony of Schweinler and Gonzales.
Z6 Exhibit 13.
Z ' Testimony of Troy Trooien.
5
o1-ql
delivering auto parts to the property have blocked the road on at least two
occasions per month sometimes for hours at a time.
30. The neighbors registering complaints do not object to G.B. Core's
use of the property, but believe that the Applicant is of unfit character.
Based upon the foregoing Findings of Fact, the Administrative Law Judge
makes the following:
CONCLUSIONS
1. The Administrative Law Judge and the City Council of the City of
St. Paul have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and St.
Paul Legislative Code § 310.05.
2. The Notice of Hearing was proper in all respects and the City has
complied with all other substantive and procedural requirements of law or rule.
The City provided Notice of the Hearing to the property owners and
neighborhood organizations for the area in which the business is located.
3. The City has authority to grant licenses and the Applicant has not
challenged its determination that a Recycling Collection Center License is the
correct license for this business.
4. The City may impose reasonable conditions on a business license
for the purpose of promoting public health, safety and, welfare.
5. The Applicant has agreed to six conditions that were recommended
by LIEP.
6. The Applicant has the burden of showing that he is entitled to
issuance of a license. The Record supports that the property in question is
properly zoned for the type of business conducted by the Applicant; that all the
necessary approvals have been received from the City; and, the Applicant has
agreed to conditions on the license to insure compliance of local, county, and
state statutes, rules and regulations, as well as to deal with some of the concerns
voiced by the neighbors. The Applicant has met its burden of proof.
7. The Record does not support the District Five Council's objections
that the Applicant is unfit under St. Paul Legislative Code Section 310.06(b).
8. The suggested condition by Mr. Trooien that a cover be kept over the
scrap metal dumpster is a reasonable one and should be considered by the City
Council as an added condition to the license.
9. The concern expressed by Mr. Londino about trucks blocking the
street is a reasonable concern. Adding a condition requiring the Applicant not to
permit trucks delivering parts to the business to block the street preventing use
by through traffic should be considered by the City Council as an added condition
to the license.
28 Testimony of John Londino.
29 Testimony of Sylvester, District Five Planning Council.
3o St. Paul Legislative Code § 31�.�6 (c).
6
�/
10. The foregoing conclusions are made for the reasons set forth in the
Memorandum which follows, is hereby incorporated by reference.
Based upon the foregoing Conclusions, the Administrative Law Judge
makes the following:
RECOMMENDATION
IT IS HEREBY RECOMMENDED: that the St. Paul City Council GRANT
the Application by Glen E. Berhow d/b/a G.B. Core's Application for a Recycling
Process+ng Center License with the conditions as set forth herein.
Dated this 19�' day of December, 2000.
���yi ��'2 G1.. ��e�
PHYLLIS A. REHA
Administrative Law Judge
Reported: Taped
NOTICE
ft is respectfully requested that the City Council provide a copy of its final
decision to the Administrative Law Judge by first class mail.
u�:_►�
A municipality can not deny an application for a license arbitrarily or
unreasonably. Under the Saint Paul City Code, where the application for the
grant of a Class N license meets all the requirements of law, and where there
exists no ground for adverse action, the Director shall issue such license in
accordance with Iaw. The Office of License, Inspections and Environmental
Protection is recommending issuance of the license with conditions, based upon
the review of the application, and approvals by zoning, licensing, fire and
environmental health. The evidence establishes that the Applicant meets all the
requirements of law as demonstrated by the Office of LIEP's recommendation to
approve the license.
The matter was referred for hearing before an Administrative Law Judge
based upon the objections of the District Five Planning Council and other
neighbors who objected to the issuance of the license to the Applicant. The
concerns of the neighbors and the District Five Planning Council is not the nature
31 State ex. rel. Rainer vs. City of Minneapolis, 204 N.W. 632, 633 (1925).
32 Saint Paul Legislative Code, Section 310.04(d)(1)
7
� l- q�
10. The foregoing conclusions are made far the reasons set forth in the
Memorandum which follows, is hereby incorporated by reference.
Based upon the foregoing Conclusions, the Administrative Law Judge
makes the following:
RECOMMENDATION
IT IS HEREBY RECOMMENDED: that the St. Paul City Council GRANT
the Application by Glen E. Berhow d/b/a G.B. Core's Application for a Recycling
Processing Center License with the conditions as set forth herein.
Dated this 19� day of December, 2000.
��r�,-��- �. �'-�,��
PHYLL S A. REHA
Administrative Law Judge
Reported:
NOTIGE
It is respectfully requested that the City Council provide a copy of its final
decision to the Administrative Law Judge by first class mail.
MEMORANDUM
A municipality can not deny an application for a license arbitrarily or
unreasonably. Under the Saint Paul City Code, where the application for the
grant of a Class N license meets all the requirements of law, and where there
exists no ground for adverse action, the Director shall issue such license in
accordance with law. The Office of License, Inspections and Environmental
Protection is recommending issuance of the license with conditions, based upon
the review of the application, and approvals by zoning, licensing, fire and
environmental health. The evidence establishes that the Applicant meets all the
requirements of law as demonstrated by the Office of LIEP's recommendation to
approve the license.
The matter was referred for hearing before an Administrative Law Judge
based upon the objections of the District Five Planning Council and other
neighbors who objected to the issuance of the license to the Applicant. The
concerns of the neighbors and the District Five Planning Council is not the nature
31 State ex. rel. Rainer vs. City of Minneapolis, 204 N.W. 632, 633 (1925).
3z Saint Paul Legislative Code, Section 310.04(d)(1)
7
ot�q�
of the business, but the character of the Applicant, who they believe "is not a
person of the good moral character or fitness required to engage in a license
activity, business or profession." They also believe that the Applicant has
engaged in a"pattern or practice of conduct or failure to comply with laws
reasonably related to the license activity or from which an inference or lack of
fitness or good character may be drawn." They assert that the Applicant has
"failed to comply with any conditions set forth in the license, or set forth in the
resolution granting or renewing the license." They further assert that "the
license activity has created a serious danger to the public health, safety or
welfare." Finally, they claim that the "Applicant has materially changed or
permitted a material change in the design, construction or configuration of the
license premises without... having first obtained the proper building permits from
the City.°
Most of the concerns voiced by the neighbors or planning council
representative are in the nature of unsubstantiated allegations. These can not be
the basis for denying the Applicant a license. G.B. Core learned for the first time
in December of 1999, that the City of Saint Paul required it to obtain a Recycling
Collection Center License for its new location, despite having operated in the City
of Saint Paul for several years without any complaints. Upon learning that it
needed a license, G.B. Core complied with the City's request and accepted the
placement of six conditions on its license. G.B. Core has been operating
continuousiy since it first learned of the iicensing requirement. The evidence
shows that City policy allows businesses requiring a license to continue to
operate while applying for a license. In fact, Laurence Zengs testified that the
City had a difficult time deciding what type of license, if any, G.B. Core needed to
operate at the 500 Bush Street location. After consulting with a senior license
inspector, the Office of LIEP determined that the Iicensing status of G.B. Core's
business would require a Recycling Collection Center License as it was the
closest fit to the ApplicanYs business operations. On December 10, 1999, the
City notified the Applicant of its licensing status; and, although the letter indicated
that G.B. Core could not operate its business until it received its Recycling
Collection Center License, Christine Schweinler stated that the inclusion of the
statement in the letter was in error because the City does allow a business to
continue to operate while it is in the process of obtaining a license. Schweinler
further testified that applying for and receiving a business license takes time and
that the City gives businesses an opportunity to obtain a license and to comply
with any required conditions. Thereafter on January 3, 2000, the applicant
applied for the Recycling Collection Center License and agreed to five conditions.
The applicant then agreed to a sixth condition after a public hearing in August of
2000.
33 Saint Paul Legislative Code, Section 310.04(d)(1);
34 Saint Paul Legislative Code Section 310.06(b)(6)c.
3s Saint Paul Legislative Code Section 310.06(b)(5).
as Saint Paul Legislative Code Section 310.06(b)(7).
37 Saint Paul Legislative Code Section 310.06(b)(11).
38 Testimony of Ghristine Schweinler.
ss Id.
� $
01-9/
Prior to the public hearing, the City received two letters from citizens with
concerns about G.B. Core's business. Specifically, the residents concerns
included: 1) the business currently seems to be operating illegally without a
Iicense; 2) the business has disposed of hazardous materials (oil and fluorescent
bulbs) in an illegal manner; 3) the Applicant has done work on its building without
proper building permits; and, 4) engine and auto parts have been left lying
outside of the building.
Ms. Schweinler investigated these complaints and determined that no
violations existed. In fact, Schweinler did not notice any debris outside of the
building when she visited. The City acknowledges that illegal dumping of
garbage frequently occurs in the area and the company testified that the
applicanYs employees clean up and appropriately dispose of garbage that has
been dumped on its property.
With respect to the concerns of hazardous materials, Schweinler referred
the complaint to Ramsey County and never heard back. She indicated that had
there been a violation of County regulations she would have heard something
from the County. In fact, an inspector from the Ramsey County Department of
Public Health and Environmental Health Section has visited the property and
informed the Applicant that it appropriately handles hazardous wastes.
With respect to the complaint concerning the buifding permit, this matter
was referred to another department within the City. The City has not issued any
violations of building permit requirements. The Applicant did affirmatively contact
the City Building Permit Department who informed the Applicant that it did not
need a building permit to make the alterations to its buiiding. Despite this advice,
the Applicant did obtain a minor buiiding permit for construction at the site.
Based on these facts, it can not be determined that the App�icant has failed to
comply with any conditions set forth in the license, or that its activities have
created a serious danger to the public health, safety or welfare, or that it has
done construction on the licensed premises without a proper building permit from
the City.
With respect to the issue of lack of fitness or good character, there is no
direct evidence in the record to support a finding that Applicant made any
misrepresentations of materia{ fact in its Application. IVor have the ob}ectors
established any pattern or practice of conduct for failure to comply with laws
reasonably related to the ticense activity, or from which an inference of lack of
fitness or good character may be drawn. The concern expressed by the District
Five Council that the Applicant has been operating while the license application
was pending, might appear to be a technical violation of the ordinance; yet, the
testimony from the licensing and zoning inspectors was clear that they were fully
aware that the Applicant was operating, and it was not unusual with this type of
license to permit operation while the application was pending. In fact, the letter
to Applicant dated March 9, 2000 from the Office of LIEP refers to the fact that
Applicant can "continue to operate" the business if he submits the required
40 Testimany of Schweinler.
9
information and the license application is considered active. Ms. Schweinler
testified that when she visited the site and observed work being done, she
advised the Applicant to call to find out whether a building permit was required.
This conduct does not rise to the level of "a pattern or practice of conduct, or a
faiiure to comply with laws reasonabiy related to the Iicense activity." The
evidence demonstrates, that the City allowed the Applicant time to make
application and comply with its license. Some of the concerns expressed by the
neighbors are that they do not trust the Applicant. This is an insufficient and
arbitrary reason for denying the permit. However, several of the concerns voiced
by the neighbors and the District Five Planning Council are valid concerns. The
Administrative Law Judge has recommended that the City Council consider
adding two additional conditions to the Applicant's license. Those are:
(1) that a cover be kept over the scrap metal dumpster; and
(2) that the Applicant not permit any trucks delivering parts to the business
to block the street and to prevents its use by regular traffic.
The conditions that have been placed upon the ApplicanYs license and
these added conditions presume that the Applicant will be inspected on a regular
basis to determine compliance with the conditions on the license and that all
relevant rules and regulations related to the operation of the business will be
expected. Violations, if any, can then be acted upon through appropriate
adverse action through the Office of LIEP. In conclusion, the evidence submitted
at the hearing demonstrates that the Applicant is entitled to its Recycling
Collection Center License.
�
i[�
CITY OF SAINT PAUL
Norns Colemnn, Mayor
November 3, 2000
The Honorable Phyllis A. Reha
Administrative Law Judge
Office of Administrative Hearings
100 Washington Squaze, Suite 1700
Minneapolis, MN 55401
OFFICE OF THE CITY ATTORNEY D 1, !�, /
-. Clayton M. Robinson, Jc, C!ty Attorney 7
RECEIVED �;�,rD,,,;s,o„
� n A p� ( �r� OOCiryHall Telephone:651266-8710
1}� �7�� '� NC5 ili' .1 j WeszKeltoggBtvd. Facsemile: b51 298-5679
r Saint Paul, Minnuota �5102
nv'I' � i i
I'i��ft11F V �
RE: In Re the License Application of Glen E. Berhow, d/bla G. B. Core, Inc.
Deaz Judge Reha:
Enclosed please find the City's Final Argument in the above-entitled matter, together
with the Proposed Findings of Fact, Conclusions and Recommendation you requested from the
Parties. A copy of the same has been served by mail upon attorney for the Applicant, James
Yarosh.
Please feel free to contact me if you have any questions.
Sincerely,
�L����Q-���.
Virginia D. Palmer
ASsistant City Attorney
cc: James Yazosh
CITY OF SA1NT PAUL
Norm Coleman, Mayor
November3,2000
James Yarosh
Attomey at Law
1300 Washington Squaze
Minneapolis, MN 55401
4 R;
i�; U� ;: iii S{ i?H c 1 i��C
��iyf'ii�t V J
OFFICE OF THE CITY ATTORi�IEY Q J_ g/
Clnyton M. Robinson, Jr., CiryAliorney
4 � C l. i Y t D CivilDivision
/� n 400 Ciry Hall Telephone: 651 166-8 7/0
U� �U� —� �� ��; 3�ISWestKelloggBlvd. Fauimile: 651298-56l9
Saint Pnu1, Minrsesofa 55/01
RE: In Re the License Application of Glen E. Berhow, d/b/a G. B. Core, Inc.
Dear Mr. Yarosh:
Enclosed and served upon you by United States Mail please find the City's Final
Argument in the above-entitled matter, together with the Proposed Findings of Fact, Conclusions
and Recommendation.
Please feel free to contact me if you have any questions.
Sincerely,
� J �C�t' �w
���
Virginia D. Palmer
Assistant City Attorney
cc: Judge Phyllis A. Reha
��-g/
STATE OF NIlNNESOTA
OFFICE OF ADMINISTRATNE HEARINGS
FOR THE COUNCIL OF THE CITY OF SAINT PAUL
In Re the License Application of
Glen E. Berhow, d/b/a G.B. Core, Inc.
FINDINGS OF FACT,
CONCLUSIONS, AND
RECOMMENDATION
The above-entitled matter was heazd by Administrative Law Judge Phyllis A. Reha,
acting as a hearing officer fort the Saint Paul City Council, on October 12, 2000, at 9:30 a.m. in
Room 220 of the Saint Paul City Hall- Ramsey County Caurthouse, 15 West Kellogg Boulevazd,
Saint Paul, Minnesota.
Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Boulevard,
Saint Paul, MN 55102, appeared on behalf of the Offica of License, Inspections and
Environmental Protection (LTEP). James A. Yazosh, 1300 Washington Square, 100 Washington
Avenue South, Minneapolis, MN 55401 appeared on behalf of the Applicant, Glen E. Berhow,
who was present. The record closed on November 3, 2000 with the receipt of the last post-
hearing submission.
NOTICE
This Report contains a recommendation and not a final decision. The final decision will
be made by the Saint Paul City Council, which may affirm, reject or modify the Findings and
Conclusions contained herein. The Council will consider the evidence in this case and the
Administrative Law Judge's recommended Findings of Fact and Conclusions, but will not
consider any factual testimony not previously submitted to and considered by the Administrative
Law Judge. The Licensee will haue an opportunity to present oral or written arguments
regarding its position on the recommendation of the Administrative Law Judge in the application
of the law or interpretation of the facts and may present argument related to its position. Parties
should contact the Saint Pau: City Council, 310 City Hall, Saint Paul, Minnesota, 55102 to
ascertain when the Council will consider this matter, and the procedure for filing exceptions or
presenting argument.
STATEMENT OF THE ISSUES
The issue in this matter was whether the City should grant a Recycling Processing Center
license to the Applicant.
Based upon the files, records and proceedings herein, the Administrative Law Judge
(AL� makes the following:
ol-g�
FINDINGS OF FACT
1. The Applicant, Glen E. Berhow, d/b/a G. B. Core, Inc., has applied for a Recycling
Collection Center license to operate a business at 500 Bush Avenue, in Saint Paul. This is the
type of license which was recommended by the Office of LIEP after consultation between the
licensing and zoning inspectors, based upon ApplicanYs description of the intended use of the
property.'
2. The property on which the business is proposed to be located is zoned I-1 industrial,
and would allow the collection and storage of auto parts, but would not permit any type of auto
salvage.
3. The existence of the business first came to the attention of LIEP when they
investigated a complaint about auto salvage on the street in front of the property. The zoning
administrator advised the people present that they could complete the operation but that no
additional activity would be allowed in the building or surrounding property until zoning,
licensing and building re-certification issues were resolved. 3
4. The Applicant was advised in a letter dated December 2, 1999 that he could not
operate until a license was issued, but testimony by both Mr. Zangs and Ms. Schweinler was that
businesses such as these frequently aze allowed to operate while the license application is
pending.
5. The Applicant submitted an application for a license dated January 3, 2000 5
6. The Applicant was notified by letter dated Mazch 9, 2000 that LIEP still needed
some information for the license application, including a copy of the lease or purchase agreement
for the property, a copy of the State of Minnesota Tas Identification Number Certificate and a
signed copy of conditions being proposed for the license. This letter also included a statement
that applicant could not conduct a recycling collection center without a valid license, and stated
"If you wish to continue to operate your business, you must submit the aforementioned
requirements by March 20, 2000.
�Testimony of Kristina Schweinler, senior license inspector, and of Lawrence Zangs,
zoning staff.
Z Each. 1. Testimony of Lawrence Zangs.
3 Testimony of Lawrence Zangs.
° Each. 1, Testimony of Kristina Schweinler and Lawrence Zangs.
5 E�. 4
6 Exh. 5
�1-9i
had inspected the business and had advised them on a Hazardous Waste Management Plan,
which requires the business to store and label used oil containers according to the inspection
report, and requires regular reporting by the business.
CONCLUSIONS
1. The Administrative Law 7udge and the Saint Paul City Council have jurisdiction of this
matter pursuant to Saint Paul Legislative Code §310.05.
2. The Applicant received timely and proper notice of the hearing and the City has complied
with all relevant substanrive and procedural requirements of statute and rule. The City provided
notice of the hearing to the neighborhood community organizations for the area in which the
business is located.
3. The City has authority to grant licenses, and its determinarion that a recycling processing
center is the correct license for this business has not been challenged by the Applicant.
4. The City may impose reasonable condirions on a business license with the consent of the
Applicant or after a hearing to determine if they are appropriate. Applicant has agreed to the six
conditions being recommended by the Office of LIEP.
5. The Applicant has the burden of showing that he is entitled to issuance of a license. The
record supports that the properiy in question is properly zoned for the type of business, and that
all of the necessary approvals have been received from the City, and Applicant has agreed to
conditions on the license to insure compliance with Iocal, county and state statues, rules and
regulations, as well as to deal with some of the concerns voiced by neighbors.
6. The neighbors objections that the Applicant is unfit under Saint Paul Legislative Code
§310.06(b) are not supported by the record.
7. The suggested condition by Mr. Trooien that a cover be kept over the scrap metal dumpster
is a reasonable one, and should be added as a condition on the license.
8. The concern by Mr. Londino about trucks blocking the street is a legitimate one and an
additional condition should be added requiring that the Applicant not permit any trucks
delivering parts to the business to illegally block the street and prevent its use by regular traffic.
RECOMMENDATION
IT IS HEREBY RECOMMENDED that Glen E. Berhow's application for a recycling
13 Saint Paul Legislative Code §310.06(c)
0/-9�
processing center Iicense be GRANTED.
Dated this day of November, 2000.
Phyllis A. Reha
Administrative Law Judge
°�- g�
LAW OFFICES
SIEGEL, BRILL, GREUPNER, DUFFY & FOSTER, P,A.
JOSIAH E. BRILI, JR.
JAMESR.GREUPNER
GERALD 5. DUFFY
WOOD R.FOSTER.JR_
TIiOMAS H. GOODMAN
JOIiN 5. WATSON
WM.CHRISTOPHERPENWELL
SUSAN M.VOIGT
ANTHONYJ.GLEEKEL
JOEL N.JENSEN
SNERRI L ROHLF
JORDAN M. LEWIS`
BRIAN E WEISBERG
�300 WASHINGTON SQUARE
100 WASHIN6TON AVENUE SOUTH
MINNEAPOL15, MINNESOTA55401
TELEPHONEf6t21339-]13l
FAC51 M I LE ( 612 ) 339-6591
Writer's Voicemail Number: 335-0158
November 3, 2000
Phyllis A. Reha
Administrative Law Judge
Office of Administrative Hearings
100 Washington Squaze
Suite 1700
Minneapolis, MN 55401-2138
Re: In re the Applicatioa of GB Core, Inc.
Our File No. 22,335-JI'
Dear Judge Reha:
Enclosed for filing are:
1
►�
MICHELLE R. KLEGON
JAMES A. YAROSN
STEVEN WEINTRAUT
TROY J. SEIBERT
ROBERTF.RODE
BRENNAE.NELSON
'S25 EPST WELLS STREET. SVITE 250
MILWAUKEE. WISCONSIN 53 20 2-381 5
t414� 225�96a6
FAX 1ai41 276-6255
YIA MESSENGER
AppiicanYs Memorandum in Support of Granting License; and
Findings of Fact, Conclusions of Law and Recommendation for Issuance of
License. .
Very truly yours,
0 " _��. �;�
James A. Yarosh
JAY:mkf
Enclosures
cc: Glen Berhow
_ -�
�I�9/
�
<�
��
OFFICE OF ADMIIVISTRATIVE HEARINGS - . =
FOR THE COUNCIL OF
THE CITY OF ST. PAUL = �_
In re The License Application of APPLICANT'S MEMORANDUM IN
Glen Berhow, d/b/a GB Core, Inc., SUPPORT OF GRANTING LICENSE
Applicant.
INTRODUCTION
�
GB Core learned for the first time in December of 1999, that the City of St. Paul required
it to obtain a recycling collection center license for its new location, despite having operated in
the City for several years without any complaints.
GB Core complied with the City's request and accepted the placement of six conditions
on its license. GB Core has been operating since it first learned of the licensing requirement.
City policy allows businesses requiring a license to continue to operate while applying for a
license.
The evidence submitted demonstrates GB Core's entitlement to its license despite
objections by some neighbors. The City and Ramsey County have both reviewed the operation
and recommended approval of the license. The neighbars's allegations concerning poor
treahnent of hazardous waste and construction without a building permit lack evidentiary support
and are an insufficient basis to deny this license.
FACTS
GB Core, Inc. is a company that purchases used engines, transmissions and catalytic
converters and sells them to re-manufacturing companies tlu the world. The company
has been in business for over 12 years and has its corporate headquarters in Green Bay,
�'/� �
Wisconsin. CsB Core has conducted operations in St. Paul for several yeazs and in the fall of
1999, it purchased property at 500 Bush Avenue, St. Paul.
In a December 10, 1999 letter from Larry Zangs of the St. Paul office of License,
Inspection and Environmental protection, Glen Berhow, the president of GB Core, leamed for
the first time that although the property at 500 Bush was appropriately zoned for GB Core's use,
the company needed a business license for a recycling collection center. In the letter, Zangs also
informed Berhow that GB Core's use was appropriately zoned.
Zangs testified that he had a difficult time deciding what type of license, if any, GB Core
needed to operate at 500 Bush. He spoke with Kristine Schweinler, a St. Paul senior license
inspector with 18 years experience, to determine the licensing status of GB Core's business.
Together they decided that the City should have more control over this type of use and they
agreed that a recycling collection center license was the closest fit to GB Core's business.
Despite lrnowing that GB Core conducted business at the property, Zangs included a
statement in his December lOth letter that GB Care could not operate its business until it
received its recycling collection center license. Kristine Schweinler stated that the inclusion of
that statement in the letter was an errar because the City allows a business to continue to operate
while it is in the process of obtaining a license. Schweinler testified that applying for and
receiving a business license takes time and that the city gives businesses an opporhznity to obtain
a license and to comply with any attached conditions.
Berhow, on behalf of GB Core, applied for the recycling collection center license on
January 3, 2000. Berhow subsequently agreed to the placement of the following five conditions
on the license:
t Eachibit 3.
2
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1. T'he collecrion and processing of parts, for shipment, shall be conducted inside the
building.
2. The business operation at this licensed premise should not be in the manner of an
auto salvage use.
3. There shall be no exterior storage.
4. The handling and storage of vehicle fluids, batteries, etc. shall be in accordance
with the Ramsey County Hazardous Waste Regulations.
5. The dumpster must be stored on the property and not in the alley, street or on the
public sidewalk.
Berhow agreed to a sixth condirion placed on the license after a public hearing that limits the
business hours of operation from 7:00 a.m. to 7:00 p.m.
In the middle of April and at the end of May 200Q the City received two letters from
citizens with concerns about GB Core's business. Specifically, the residenY s concerns included:
• The business currently seems to be operating illegally without a license.
• The business has disposed of hazazdous materials — including oil and florescent bulbs
— in an illegal manner.
■ The business has done work on the building at 500 Bush without proper building
permits.
• Engine and auto parts have frequently been left lying around outside the building.
Kristine Schweinler investigated these complaints and determined that no violations
existed. Schweinler did not notice any debris outside when she visited the property. Schweinler,
as well as Zangs, acknowledged that illegal dumping of garbage frequently occurs in this area.
Berhow testified that the florescent bulbs and auto parts lying outside the building were dumped
on GB Core's property and did not belong to GB Core. Indeed, he testified that neazly everyday,
GB Core's employees clean up and appropriately dispose of garbage that has been dumped on its
property.
3
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With respect to the concems of hazardous materiais, Schweinler referred the complaint to
Ramsey County and never heard back. She indicated that had there been a violation of county
regulations, she would have heard something from the county. Berhow testified that he has
complied with all of the fire inspector and Ramsey County's requests concerning GB Core's
operation. Mike Cunmaglio, an inspector from the Ramsey County Department of Public Health
Environmental Health Section, visited the property and informed GB Core that it appropriately
handled hazardous waste.
Schweinler referred the complaint concerning the building permit to another department
within the City. Again, Schweinler never heard back from the building inspector. Berhow
testified that before any alterations were made to the building, he phoned the building
department concerning the necessity for a buiiding permit. Berhow described the proposed work
and the City responded that he did not need a pernut.
After the legislative hearing in August, Berhow checked again to verify that he did not
need a buiiding permit. The building inspector, James West, informed him that it would be a
good idea to obtain a minor building permit for any consriuction. Consequently, Berhow
obtained a permit. After investigating the neighbors's complaints, Schweinler found no
violations and recommended approval of the license.
To obtain a recycling collection center license, an applicant must receive approval from
environmental health, the fire department, licensing and zoning. Each of those City departments
approved GB Core's license and the City staff recommended approval. The two most vocal
opponents of this license, Troy Trooien and Bruce Sylvester, acknowledged that they had no
objection to the use of the property for a recycling collection center. Their primary complaint
Z E�ibit 11.
0
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was that they did not like Glen Berhow, despite their aclrnowledgements that they had met him
only once and for just a few minutes.
ARGUMENT
I. The Evidence In The Record Establishes That GB Core Has Met All The Conditions
For A Permit And To Deny Its Grant Would Be Arbitrary And Capricious.
A municipality cannot deny an application for a license arbitrarily or unreasonably.
Under the St. Paul City Code, where the application for the grant of a Class N license meets all
the requirements of law, and where there exists no ground for adverse action, the director shall
issue such license in accordance with law. The evidence unequivocally establishes that GB
Core's applicarion meets all the requirements of law as demonstrated by the approval of the
various city staff deparhnents and the overall recommendation to approve the license. The
evidence also establishes that there exists no ground for adverse action. Consequently, it is
mandatory under the city code that the license be issued to GB Core.
The neighbors asserted rivo primary complaints concerning the issuance of the license:
(1) the lack of obtaining a building permit before conshucrion and (2) the manner in which GB
Core handles hazardous wastes.
The neighbors cite the following sections of the code as supporting their position that
grounds for adverse action exists: Sections 310.06(b)(1), (2), (5), (6), (7) and (11). Because the
evidence does not support the neighbors's claims and relying on their testimony over that of the
city staff would be arbitrary and capricious, the license should be granted to GB Core.
3 State Ex Rel. Ramer v. City of Minneapolis, 204 N.W. 632, 633 (1925).
° Section 310.04(d)(1)
5
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A. 310.06(b)(1) and (2).
The neighbors first claim that the license was procured by misrepresentation of material
facts, fraud, deceit or bad faith. Specifically, the neighbors allege that Berhow misrepresented
the amount of oil used on the property and that he did not need a building pernut. This azgument
is an attempt to distract because Berhow was never required to make any representation
regarding the amount of oil on the property.
The City's only concern related to the handling of hazazdous waste. Berhow and Fred
Gonzales, the site supervisor, testified that an inspector from Ramsey County visited the property
at 500 Bush and approved of the manner in which GB Core handled its hazazdous waste.
Moreover, GB Core improved the handling of its oil intake based on suggestions from the City
fire inspector.
With respect to the building penmit, the City initially informed Berhow that for the work
he was performing he did not need a pernut. After checking again, however, Berhow was
advised to obtain a minor building permit. Berhow obtained the permit. The City has inspected
GB Core and determined that the license should be issued. The City does not believe any
misrepresentation concerning the business has been made and the neighbors have failed to
establish such a misrepresentation. Consequently, this section is not grounds for preventing the
issuance of this license.
B. 310.06(bj(5).
The neighbors assert that GB Core has failed to comply with the conditions set forth in
the license. The neighbors cite as a specific example, a November 30, 1999 incident involving
the dismantling of Frito Lay trucks. They also assert that GB Care stored material outside the
premises and kept a dumpster in the street. The Frito Lay truck incident occurred before the City
0
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even informed GB Core that it needed a license. It therefore cannot be considered a violation of
the license. Indeed, the license has not even been issued. With respect to the storage claim and
dumpster, the City staff reviewed the complaints of the neighbors and found no violarion. The
testunony of Glen Berhow established that GB Core keeps the dumpster solely on its property.
C. 310.06(b)(6).
The neighbors assert that Glen Berhow has violated or failed to comply with laws
reasonably related to his business activity. The evidence does not substantiate this claim In
support, the neighbors cite the same examples concerning the building permit and hazardous
waste. Again, the City and Ramsey County contacted Berhow conceming these issues and both
governmental entities determined that GB Core complies. The neighbors apparently believe Mr.
Berhow is personally unfit, despite their aclrnowledgment that they have met only one time for
just a short time. Denying a license on this ground is arbitrary.
D. 310.06(b)('n.
The neighbors allege that grounds exist for an adverse action because GB Core's
handling of the oil it receives in the ordinary course creates a serious public safety hazard. No
evidence supports the allegation that GB Core mishandles its waste. Indeed, the only competent
evidence is to the contrary. First, Berhow testified that very little oil actually enters the
premises. The City fire inspector required that the barrels of oil be placed in a separate container
to avoid any contact with the floor. The inspectar also required a fiumel under the assembly line
to ensure that there is no possible way that oil reaches the floor.
Given these precautionary measures, no threat to the public safety exists. The neighbors
assertions are simply bare allegations unsupported by any evidence. The neighbors introduced
pichxres allegedly showing oil in dnuns and on the property. They failed to offer any credible
7
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evidence establishing what, if any, substance was actually in the photos. Berhow testified that
the drums were left by previous occupants of the building and that he has since cleaned the
premises. Relying on the neighbors's statements instead of the City and county inspectors to
deny the grant of trus license would be azbitrary and capricious.
E. 310.06(b)(11).
The neighbors cite this section of the ordinance as grounds for adverse action relating to
improvements to the property. The evidence demonstrates, through Kristine Schweinlier's
testimony, that the City allows an applicant time to comply with its license. In that regard, Mr.
Berhow has obtained a building pernut, despite being told in the first instance that he did not
need one. Again, the only competent evidence demonstrates that this section is not grounds for
denying the grant of this license.
CONCLUSION
The City of St. Paul staff and Ramsey County inspections have approved the issuance of
this business license. The evidence in the record demonstrates that GB Core is entifled to the
license. The neighbars aclrnowledge that the use does not bother them, but rather they do not
trust Mr. Berhow. This is an insufficient and arbitrary reason for denying the permit.
Consequently, since no ground for adverse action exists, the license should be granted by the
City of St. Paul.
�
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Dated: � � 2000.
SIEGEL, BRILL, GREUPNER,
DUFFY & FOSTER, P.A.
By: �r.—.c.e. A
7am�„s A. Yarosh (# 1854)
Suite 1300
100 Washington Avenue South
Mivneapolis, MN 55401
(612)339-7131
(612) 339-6591 - facsimile
Attorneys for the Applicant
Glen Berhow, d/b/a GB Core, Inc.
42MKF11/3/00-22335-ApplicanPS Memorandum
R3
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AFFIDAVIT OF SERVICE BY U.S. MAIL
STATE OF MINNESOTA
COUNTY OF HENNBPIN
)
) ss.
)
Mary Flahavan of the City of Chawplin, County of Hennepin in the State of Minnesota, being
duly sworn, says that on the 3 day of November, 2000, she served ApplicanYs Memorandum in
Support of Granting License; and Findings of Fact, Conclusions of Law and Recommendation
for Issuance of License on Virginia Palmer the attorney(s) for the City of St. Paul in this action,
by mailing to her copies thereof, enclosed in an envelope, postage prepaid, and by depositing the
same in the post office at Minneapolis, Minnesota directed to said attorney(s) at 400 City Hall,
St. Paul, Minnesota 55102, the last lrnown address of said attomey(s).
������.��--
Mary F1 avan
Subscribed and sworn to before me
this 3` day of November, 2000.
���
Notary Public
� LORI A. RITTER �
NOTARY PUBLIC—MINNESOTA
My Cemn. F�tros Jen. Sy. 20�
• •
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OFFICE OF ADMINTSTRATIVE HEARINGS
FOR THE COUNCIL OF
THE CITY OF SAIl\T PAUL
In Re the License Application of Glen E. Berhow
d/b/a GB Core, Inc.
CI'I'Y'S PROPOSED
EXHIBITS
October 12, 2000
TO: Judge Phyllis A. Reha, 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 October 12, 2000.
E�ibit No.
Exh. No. i��
�
E�. No. 2%/J ,
���
Exh. No. 3�
E�. No. 4�
Each. No. 5��
EZCh. No. 6�
E�. No. 7 f�
/
E�. No. 8 ��/
Exh. No. 9`�/
f
Description
Letter from Lawrence Zangs to Glen Berhow, dated December 2, 1999 (1 p.);
Letter from Glen Berhow to Lawrence Za.ngs, dated December 3, 1999 (i p.);
Letter from Lawrence Zangs to Glen Berhow, dated December 10, 1999 (1 p.);
License Application for G.B.Core, Inc., dated January 3, 2000 (4 pp.);
Letter from Christine Rozek to Glen Berhow, dated March 9, 2000 (1 p.);
License conditions, signed by licensee Mazch 13, 2000 (1 p.);
License Application Notafication, mailed Apri14, 2000 with attached Apri14,
2000 letter from Christine Rozek to Glen E. Berhow and site
locarion/notification map (4 pp.);
Memo from Troy Trooien to Gerry Stratham, dated Apri121, 2000 (1 p.);
Notice Of Legislative Hearing, mailed May 23, 2000 (1 p.);
o ! -q�
Exh. No. 10�
E�. No. ll ��
Each. No. 12 //
�� F-
E�. No. 13��
E�. No. 14��
��1� . �p. � �
Memo from Bruce Sylvester to Christine Rozek, dated May 26, 2000 (1 p.);
License Application Suinmary, dated May 30, 2000 (1 p.);
Notice Of Le�slarive hearing, mailed August 8, 2000 (1 p.);
Action Minutes Of The Saint Paul City Council, for Wednesday, September 6,
2000 (10 pp.);
Notice ofHearing, dated September 20, 2000, with Affidavit of Service (4 pp.).
�-H,�..� � �.a�... ���. �/, � (� .
Also attached please find courtesy copies of applicable St. Paul City ordinances:
St. Paul Legislative Code § 310.05
St. Paul Legislative Code § 310.06
St. Paul Legislative Code Chapter 408 Recycling Collection Center/Recycling
Processing Center
Respectfully submitted this 12th day of October, 2000.
'7�
Virginia Palmer
Assistant City Attorney
Office of The City Attorney
400 City Hall
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
(612)266-8710
o �- 9i
Me11101�`d11C�U.111
To: Gerry Stratham, Le�islative Hearin� Officer
CC: Bruce Sylvester, District 5; Sheri Pemberton-Hoiby, PED; Christine Rozek, LIEP
From: Troy Trooien
Date: 04/21/00
Re: License # 2000000096
Mr. Shatham:
I am responding to the License Application Notification that was mailed to me and several of my
neighbors on Apri14, 2000. I am raising concems not only on my own behalf, as the "next door
nei�hbor" to the buildin� in question, but also on behalf of the Railroad Island Implementation Task
Force.
The Task Force is formalty an advisory board to the City's Department of Planning and Economic
Development. It is also, informally, the most active and en�a�ed �oup of citizens in our
neighborhood.
We have concerns about:
• the proposed recycling collection center iuelf,
• the recommended conditions mentioned in the License Application Notification,
• as well as general questions about hours of operation, tra�c problems and the overall impact on
the neighborhood.
I gather from the Notice that the oroper time and ulace to discuss these concems is in a hearine before
the Legislative Aeazin� Officez. Please contact me to talk about setting up a hearin�. My phone
number at work is 651-220-I 119.
I also encourage you to honor District 5's request to hold over the deadline so that District 5 members
can,make their�ems known.
i�l%l�� J �..
:
Troy Trooie�
Council Research Center
APR 2 6 2000
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In Re the License A plication of
— Glen Berhow d/b/a � B. Core Inc. —
City's Exh. No. 8 � �y
CITY OF SAINT PAUL
Narm Coleman, hfayor
December 10, 1999
Glen Berhow
G.B. Corp., Inc.
2014 Glendale Ave.
P.O. Box 906
Green Bay WI. 54305
OFP[CE OF LICE�SE, I�SPEC710vS ASD �)�� �
E�iVIRON1fEtiTAL PROTECTIO\ �
Raben Kessle� Direcror
LOiYRYPROFESSIO��:ILBUILD7.\'G Telephane:65l-266-9090
Sui�e 300 Facsimife: 651-266-9099
350 St. Pe[er Street 651-266-912J
Saint Paul, bfinnesola SJIO2-IJIO
RE: 500 Bu§h Avenue - Existing Warehouse Building in I-1 Industrial Zoning District.
Mr. Berhow:
I received your letter, dated December 3" 1999, explaining the nature of your business
proposed for the property referenced above. This office understands, based on your
expianation, that you will be receiving engines, transmissions and catalytic converters at this
location and that your business operation does not include the removal of the parts from a
vehicle (ie. auto salvage), but rather, the collecfion of these safvage items. ft is further our
understanding that the only processes pertorm on these parts, once received, are ensuring
they are drained of any fluids, irtvoicing the individual part and preparing it for shipment back to
your headquarters in Green Bay.
The operation, as you describe it, appears similar to a shipping/receiving wholesale operation
which is a permitted use in the i-1 industrial zoning district. The change in use from warehouse
to wholesaling does not require any additionai off-street parking per the City's zoning
ordinance. Therefore, zoning has no objection to this proposed use provided you obtain a
business license for a Recycling Collection Centec ( have enc(osed fhe ficense app(icafion.
Please complete this application and return it along with the license fee of $164. 00, to this
office. The processing time for this license request, because of notification requirements
mandated by city ordinance, can take between 45 to 60 days. You cannot start your business ;
until this license is issued. We will do what we can to expedite but we need you to complete
the application, to begin the process.
You will also need to satisfy any requirements of the State Building Code and Fire and Safety
Code for the proposed change in occupancy of the building.
Cail me with questions at 65i/266-9083.
�
1�����• � .
awrence R. Zangs
Zoning Administration
SOObus.wpd
�
In Re the License A��pplication of
— Glen Berhow d/b/a (�.8. Core, Inc. —
City's Exh. No. 3�
--- -- rr-��
CLASS N
LICENSE APPLICATION
THIS APPLICATIOV IS SUBIECT TO REVIEW BY THE PLIELIC
PLEASE TYPE OR PRINT N NK
CITY OF SA1NT PAUL
Oftice of License, Irtspections
and Environmental Pmtection
350 Se Pucr S� Suitt 300
Saino Paul. Nivnaora SSI�]
(651)=66-9030 fie<65p=66-9¢a
LICENSES ARE NOT TRANSFERABLE
PAYDIEtiT DNST BE RECEIVED �VITH EACH APPLTCATIO�
Type of License(s) 6eing applied for: �CLG y C l i vC U w j l CCC�I J ��i`(Y��' S I��"E ��
--- r�
Projected date of openin� ' ) �=
CompanyName: C����.� �G��
L
Partnership / Sole Proprietorship
If business is incorporated, give date of incorporation:
Business Name(DBA): Business Phone: (��� 1 7�7 3'�G�Q
Business Address (business location): �� ��'J �'t �Lf G'tV{ S� � �� �(� � 5'j Q �
Street (�, Name, Type, Direc[ion) City Sta[e Zfp+4
Benveen what cross streets is the business located? �Vhic side o
Are the premises now occupied? �� What Type of Business? C�'��� S �� �'�� ���
Mail To Address (if different than business address):
Stree[ (it, Name, Type, Direction)
AppLican[ Information: l ( „ �,�
Name and Tide: ���X•
�c�v�� ,... �e�hpti3�
Ciry
�e street?
K
IL 5�3US
State Zip+4
(��es � �c �-fi
Pvst /� • tGtiddle (Maiden) Last TiBe
Home Address; Z�� Vci 11 ( V� � �Q��' �.. � �
Street (#, Name, Type, Direc[ion) City �� S[a�� �_ ��i�+4
Date of Birth: ( 2 - Sa Place of BiRh: ES C Gi � U�G� Home Phone; ( 1`
Have you ever been convicted of any felony, crime or violation of any city ordinance other than haffic? YES _ NO �
Date of arrest:
Char�e: _
Conviction:
Where?
Sentence:
L(st licenses which you current[y hotd, formerly held, or may have an interest in:
�,0,C01it �a ct G��sratn��u I�Gr2�c� �cTv�����tG1�
Hace any of the abave named licenses ever been revoked? YES .X NO ff yes, list the dates and reasons for revocation:
Are ou �qing ro operate this business personally? YES NO IF not, ho will operate it? �� G 6'1 Gt �� �{i-
���J
'C� Cve�� Cciv�ii
Home Address: $tree[ {�, Name, Type,
Last
(2� � I �1�
City
Datc of Birth
Are you goino to have a manager or assistant in this business? YES \O If ihe mana�er is not the same as the
opzrator, pleasz complete the followin� information:
Fvs[ Namz M�ddlt Initial (Maidtn) Las[ Date of Birth
Homt Addrtss: Stteet (N, Namz, Type, Direc[ion}
� Cr..ra 7. �1 DFi.n.+U..m'na� �
rn Re the License A�ppIication of
— Glen Berhow d/b/a (>.B. Core,�Inc. —
City's Exh. No. 4 /�,
Please list your employmen[ history for the previous five (5) year period:
Business/Emolovtrtent Address
- List all other officers of the corporation:
OFFICER TITLE HOVIE
NAME (Office Held) ADDRESS
�2 �� �� v�{n� � �res i �C�,t �
HO�IE
PHONE
ZS�O Ge�vr i�� � I?crrr(
v' �tc c/I ; Gu.�
Ql-q 1
BUSIPIESS DATEOF
PAOi�IE BIRTH
�ZQ- 93'�- C�20
fZ-��
If business is a partnership, please include the following information for each parmer (use additional pages if necessary):
Fvst Name Middle Ininal (Maiden) Last Date of Birth
Home Address: Street (�, Name, Type, Direction)
First Name Middle Inihal
Home Address: S[reet (#, Name, Type,
Ciry
City
Zip+4 Phone Numt
Dare
( 1
Zip+4 Phone NumE
MIDINESOTA TAX IDENTIFICATION NiJMBER - Pursuant to the Laws of Minnesota,1984, Chapter 502, Article 8, Section 2(270J2)
(Tax Clearance; Issuance of Licenses), licensin� authorities are required to provide to the State of Minnesota Commissioner of Revenue,
the Minnesota business tax identification number and the social security number of each license applicant.
Undet the Mi�utesota Govemment Data Practices Act and the Federal Privacy Act of 1974, we are required to advise you of the following
regarding the use of the Minnesota Tax Identification Number.
- This information may be used to deny the issuance or renewal ofyour license in the event yott owe Minnesota sales, employer's
withholding or motor vehicle excise [axes;
- Upon receiving this information, the licensing authority will supply it only to the Minnesota Deparhnent ofRevenue. However,
under [he Federal Exchange of Information Agreement, the Department of Revenue may supply this information to the Internal
Revenue Service.
Minnesota Tax Identification Numbers (Sales & Use Tax Number) may be obtained from the State of Minnesota, Business Records
Department, 10 River Park Plaza (612-296-6181).
Mianzsota Tax identif7cation Numoer.
� If a Minnesota Tax Identification Number is not required for the business being operated, indicate so by placing an "X" in ihe box.
CERTIFICATION OF WORKERS' COMPENSATION COVERAGE PURSUANT TO MNNESOTA STANTE 176.182
I hereby certify that I, or my company, am in compiiance with the workers' compensation insurance coveia�e requirements of �Iinnesota
Statute 176.182, subdivision 2. I also understand that provision of false information in this certification constitutes sufficient grounds for
adverse action a�ainst all license�s p hetd, includin� revocation and sus of said licens q
Name of Insurance Company: V �� t �� ������ �� �-2 l � 1 � 7 Q 6� L �� ��tV i ��� 7�(S1ZI Gl L�' �
Po(icyNumber. ��"" �Z�f� 4—C�i� (�'YYIL+G�� Covera�efrom�
I have no employees covered under �corkers' compensation insurance (INITIALS)
to ' 2� �
09; O V I999
Please list your employment history for the previous five (5) year period:
Business'Emolovment Address
Lisc all other officers oFthe co�poration:
OFFICER TITLE H011E
\A\-1E (Office Hzid) ADDRESS
(�.e t�� � �,� � � nr�s i �cti� �
HO�.fE
PHO\E
25�0 L-�eiv� i�� i nccr�
BliSINESS
PHOVE
U �Yi t:1 , CU1
�
If business is a partnership, pleasz include the followin� information for each parmzr (usz addicional pages if necessary):
bl.��lf
D.�TE OF
BIRTH
Fvs: Name Middit [ni[ial (�faidtn� Lzit Da!t of Bitth
Hume Addreas. $treet (,-, t�ame, Type, DirecUOn) Qty Stare Zip�3 ( Phone \umber
Fin. `�am< hliddiz (nival (Slaiden) lut Da!z ot Bir[h
Home Addrt>s: Street (�, Kamz, Type, Direction) City State 2ip-1 Phone \umber
MC.�IESOTATAX IDENTIF[C.4TI0� NUMBER- Pursuant to thz Laws ofMinnesota, 1954, Chaptzr�02, Article 3, Section 2(270.72)
(Tas Clearaace; Issuance of Licenses), licensing authorities are required to providz to thz State of �finnzsota Commissioner of Revenue,
the �tinnesota business tax identification numbzr and the social szcuriry numbzr of each hcensz applicant.
Undzr thz �tinnesota Govemment Data Practices Act and the Fedzral Privacy Act of 197d, we are rzquired to advise you oFthe followino
regardin� the use of thz btinnesota Tas Identification Number. `
- This information may be used to deny the issuance or renewal ofyour license in the event you owe �finnesota sales, employer's
withhotdin� or moror vehicle escise tases;
- Upon receiving this information, thz licensin� authority will supply it only to [he bfinnesota DzpaRmenrofRevenue. However,
under the Federal Exchange of Information A�reement, the Department of Revenuz ma}• supply this inEormation ro diz Intemal
Revenue Service. �
�tinnesota Tax Identification Numbers (Sales & Use Tax Number) may be obtained hom the State of �Iinnesota, Business Reco�ds
Departmznt, 10 Ri� er Park Plaza (612-296-61 S t).
`linneso,a Ta� iuentifieation Numozr:
� If a bfinnesota Tax Identifica[ion \'umber is not required for the business being operatzd, ir,dicatz so by placin� an "a" in the box.
CERTIFICATIO� OF ��"ORI:ERS' CO�fPE\SATION COVER4GE PURSUA\T TO `IIV:�ESOTA STATUTE 176.132
1 herzby czrtify that I, or my company, am in compliance «'ith Ihe «�orkers' compensation insurancz co� zra�e requirements of �Iinnzsota
Statutz ll6.132, subdivision 2. I a(so undzrstand that pro� ision of false inforniation in this certificztion constinttes sufficiznt _rounds for
adczrse action a�ainst alf license r held, indudi revocation and sus of said licens e t �
\amzoflnsuranceCompany: V d�l)�7l�c1t:,Q `�l���C'll�l� �� 1�/CCV� ��I�UI CfGlU �
Po?icy Number. _��� �Z� t=� 9 �i �(FI'Y!t � C.-� I� Co� erage from 2�C�) to zC� �
I ha��z no employees coaered undzr �corkers' compensation insurance (I�ITIALS) .
0901�19)9
AtiY FALSIFICATIO\ OF A\S�VERS GI�"EN OR b[ATERIAL StiB>IITTED O`^ "�'
�VILL RESULT I\ DEt�"IrU. OF THIS APPLICATIO�i
I hereby state that I have answ�ered all of the precedin� questions, and that the information contained herein is true and correct to the best
of my knowled�e and belief. I hereby state fuRher that I have received no money or other considemtion, by way of loan,_gift, conhi6ution,
or otherwise, other ihan already disclosed in the application which I herewith submitted. I also understand this premise may be inspected
by police, fire, health and other city officials at any and all times when the business is in operation.
/���Ut � ��c� L vJ
Signature (REQL�II2ED for all applications)
Preferrzd methods of communication from this office (plzase ran,l in ordzr of prefzrence -°1" is most preferred):
x PhoneNumbenvithareacodz: ( �Z� ) �3�} — �p�� Extension
(Cirele the rype of phone number you have listzd abo�e: usmess Home Cell Fax
,�ri
2� �
Phone Number with area code: ( )
(Cirele thz type of phone number you have listzd above: /� Business Home
V[ail: �.U. ��.CX ���i c�Y'��� "/.i(,1
Strezt (a, Namt, Tvoz, Direcnonl r:,,,
In�zrner.
Address
j / 3 /�CCC
Date
Pager
Pa�er )
5���
Zip-1
�Ve will accept payment by cash, check (made payable to City of Saint Paul) or credit card (�fasterCard or �'isa).
IF PAYL\'G BY CREDIT CARD PLEASE CO:kIPLETE THE FOLLOIVINC I.�'FORbl.-iTlOh': � MasterCard � Visa
EXP[RATIOAI DATE:
❑�/❑❑
of
ACCOUNT iVUbIBER:
■■■■ ■■■■
of Card
!�■■■ ■■■■
For all
Date
**\ ote: If this application is Food/Liquor related, please contact a City of Saint Paul Health Inspecror, Steve Olson (266-9139), to review
plans.
If any substantial changes to structure are anticipated, please contact a City of Saint Paul Plan Examiner at 266-9007 to apply
for buildin� permits.
If there are any chan�es to the parkin� lot, floor space, or for new operations, please cor.tact a Ciry of Saint Paul Zonin, Inspzctor
at266-9003.
Ali applications require the following documents. Please attach these documents when submittine your application:
1. A detailed description of the design, location and square foota�e of the premises to bz licensed (site plan).
The following data should be on the site plan (przferably on an 8%z" x 11" or 8%' x 14" papzr):
- l�ame, address, and phone number.
- The scale should be stated such as 1" = 20'. ^N should bz indicated to�card thz top.
- Placemznt of all pertinent fea[ures of the interior of the licensed facility such as searin� areas, kitchzns, of£ces, repair arza,
parking, rest rooms, etc.
- If a request is for an addition or expansion of the licensed facility, indicate both thz current azea and the proposed expaasion.
2. A copy of your lease a�reement or proof of o��nzrship of the property.
SPECIFIC LICENSE APPLICATIOYS REQUIRE ADDITIO\:�L INFOR�I.ATION.
PLEAS� SEE REVERSE FOR DETAILS >>>>
Extznsion
Cell Fax
09'Q U 1999
OFFICE OP LICENSE, iP ISPECTIONS AND
ENY[ROi3MENTAL PROTECTION
Robert Kusler, Director
CITY OF SAINT PAUL
Narm Coleman, Mayor
March 9, 2000
20000000096
GB Core Inc.
ATTN: Glen Berhow/President
2014 Glendale Ave
PO Box 906
Green Bay WI 54305
LOWRYPROFESSIONAL BUILDMG
Suite 300
350 Se. Peter Street
Saint P¢u!, :1�finnesoia SSl02-ISIO
Re: New License Application at 500 Bush Avenue (Second Notice)
Mr. Berhow:
o1
Telephone: b51-266-9090
Facsimi[e: 651-?66-9099
651-?66-9124
After extensive review, I have determined your license application #20000000096 (from
January, 2000) is still incomplete. At this time, your business license record (I.D.
#20000000096) for a Recycling Collection Center license has been inactivated until the
following item(s) aze received:
• Copy of your Property Lease/Purchase Agreement, Proof of Ownership or Bill
of Sale
• Copy of State of Minnesota Tax Identification Number Certificate
• Signed condition affidavit (attached)
Your license has not been issued. If you aze conducring a Recycling Collection Center
business, you are doing so without a valid City of Saint Paul license and may be subject
to adverse action and penalties. If you wish to continue to operate your business, you
must submit the aforementioned requirements by March 20, 2000.
Please let us know, in writing, before Mazch 20 whether or not you intend to continue
with this application or wish to permanently withdraw. If no response is received before
Mazch 20, this office will begin the administrative hearing process to deny your license
request. You have the opportunity to appeal the Ciry's decision through this proceeding.
If you have any questions regarding this action, please contact me at (651) 266-9108.
Slncerely,
�
Chrisrine Rozek � ��
LIEP Deputy Director
CAR/caa
� In Re the License A plication of �
— Glen Berhow d/b/a �B. Core Inc. =
City's Exh. No. 5 ��
�1 �9�
LICENSE APPLICATION NOTIFTCATION
License Number: 20000000096
Purpose: Application for a Recycling Collection Center
License At: 500 Bush Avenue
Applicant: GB CORE, INC. DBA GB CORE, INC., Glen E. Berhow, President, (651) 793-
5000
Response Date: Apri128, 2000 - 4:30 PM (Friday)
If you have any objections to the issuance of this (these) license(s), you must respond in writing by
Apri128, 20000, 1999 to:
Gerry Strathman
Legislative Hearing Officer
310 City Hall
15 West Kellogg Blvd.
Saint Paul, Minnesota 55102
If you have any questions, contact Corinne Asuncion, Project Facilitator at 266-9106 or Christine A.
Rozek, Deputy Director, 266-9108.
Note: The following conditions have been recommended for this (these) license(s).
1. The collection and processing of parts, for shipment, shall be conducted inside the building.
2. The business operation at this licensed premise shall not be in the manner of an auto salvage use.
3. There shall be no exterior storage.
4. The handling and storage of vehicle fluids, batteries, etc. shall be in accordance with the Ramsey
County Hazardous Waste Regulations.
S. The dumpster must be stored on the property and not in the alley, street or on the public sidewalk.
Notice Mailed: 04/04/2000
�
In I the License Application of
— Glen Beruow d/b/a G. B. Core, . —
City's Exh. No. 7
SAINi
PAUL
�
AAAA
CITY OF SAINT PAUL
h'orm Coleman. May�or
Dear Resident and Neighborhood Organization:
OFFICE OF L[CENSE, INSPECTIONS AND ����/
ENVIRONMENTALPROTECTION
Roben Kuster, Director
LOWRYPROFESSIONALBUILD7NC Telephoxe:651-266-9090
350 St. Peter Street, Suite 300 Facsimile: 65l-166-9099
Saint PauC Minnesota 55lOLl510 65l-266-9124
The Office of License, Inspections and Environmental Protection (LIEP) has received an
application for a Class C license. You are being notified because this application involves a
business in your area.
You will have 45 days for a liquor related license or 30 days for most other licenses from the date
this notice was mailed to express any objections. Licenses in the downtown area generally do not
require a waiting period. The response deadline is given on the reverse side of this document. If
you have any objections to the issuance of the license described on the reverse side, please send
your objection(s) in writing to:
Gerry Strathman
Legislative Hearing Officer
310 City Hall
15 West Kellogg Blvd.
Saint Paul, MN 55102
If objections are received, the matter will be heard by the Legislative Hearing Officer. If you have
sent in an objection, you will receive notice of the time, place and date of the scheduled hearing. At
that hearing, the Legislative Hearing Officer will take testimony from all interested persons. At the
end of this hearing the Legislative Hearing Officer will make a recommendation to the City Council
as to whether the license should be approved with conditions, or referred to an administrative law
judge for further review. The City Council will have the final authority to grant or deny this
license.
If you have any questions regarding the license application, please contact Corinne Asuncion,
Project Facilitator at (651) 266-9106 or me at (651) 266-9108.
Sincerely,
(�
� •.
,-
•
Christine A. Rozek
Deputy Director
266-9108
CITY OF SA1NT PAUL
Norm Cnleman, Mayor
Apri104,2000
Glen E. Berhow, President
GB CORE, INC.
P.O. Box 906
Green Bay, WI 54305
OFF[CE OF UCENSE, INSPECTIONS AYD D`' 7 J
EW[RONMENTAL PROTECTION �
Raben Kessler, Directar
LOWRYPROFESSIONALBUILDING Telephone:651-166-9090
350St.PeterStreet,Suite300 Facrimile: 651-266-9099
SaintPaul,.Ninnesota 55102-1)!0 6i1-266-9/24
RE: Application for GB CORE INC., ID #20000000096, 500 Bush Avenue / Recycling
Collection Center License
Dear Applicant,
A review of the investigations which has been made in connection with your license
application have been completed. Proper notification has been sent to the community
organization and residents of the neighborhood in which you intend to operate giving them
until A�ril 28, 2000 to voice any objections to your license application. If no objections aze
received, your license will be issued approximately one week past the date given above.
If ob}ections aze received, a hearing will be scheduled before a legislative hearing officer.
You will receive notice of the time, place and date of the scheduled hearing from Gerry
Strathman, the Legislative Hearing Officer. At that hearin„ the hearing officer will take
testimony from all interested persons and will make a recommendation to the City Council
as to whether the license(s) should be approved or be referred to an administrative law
judge for further review. The City Council will have the final authority to grant or deny this
license application.
If you have any questions, please contact Christine Rozek, 266-9108.
Very truly yours,
��,,�� r�' R�
Christine A. Rozek
Deputy Director
CAR/jl
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OFF:CE OF LICENSE, INSPECTIONS AND
ENVIRONMENTAL PROTECTION
Roeert Kessier, wreaa(
SAIYT
�AUL
�
A�IIII
CITY OF SAINT PAUL
Norm Coleman, Mayor
LOWRY PROFESSlONAL BU/LDlNG Telealrone: (651) 26G9090
Surte300 Factim7e: (651)2669099
350 SG Peter Sfrret (65l) 2669124
Saint Pau4 Minnemta 55f024510
I agree to the following conditions being placed on the following license(s):
License #: 20000000096
Type of Business: Recyciing Collection Center
Appiied for by: GB CORE INC
Doing Business As: GB CORE INC
at: 500 BUSH AVE
ST PAUL MN 55101
Conditions are as fallows:
1. The collection and processing of parts, for shipment, shall be conducted inside the building.
2. The business operation at this licensed premise shali not be in the manner of an auto salvage use.
3. There shall be rto exterior storage.
4. The handling and storage of vehicle fluids, batteries, etc. shall be in accordance with the Ramsey
County Nazardous Waste Regufations.
5. The dumpster must be stored on the property and not in the alley, street or on the public sidewalk.
G, �, Cov�e ,�vtc �C�� z�'�c�ti�.J 3,1 �. 2�C?
Licensee
Date
�� (�, i�ne ious�hess 1�o�Vs o-� o�e✓a_tzov-� s�rall
t� -�o m �cwY� - 71�m-� . 8� �� j oo C�--
i
� In Re the License A plication of
.� Glen Berhow d/b/a �B Co Inc. —%
City's Exh. No. 6 �..
Supplie� � � " �
E�gines and Transmrssions
fo� Remanufacturing
December 3, 1999
License Inspection Environmental Protection
Mr. Lawrence Zan�s
350 St. Peter Street, Suite 300
St. Paul, MN 55102
Larry;
Per our phone conversation, I am enclosing this letter per your request.
W ith the intent and purchase agreement at 500 Bush Avenue in St. Paul, I would like to reiterate
the type of operation we have at G. B. Core, Inc. You have stated the zoning is I1, which
includes Warehousing, Industrial Mfg, and Recyding. We are in no way a salvage operation.
All of our products are engines, transmissions, and catalytic converters. We buy these selectively
from a computerized-technical buy guide, which we publish monthly to our independent
suppliers. All we do at our warehouse is a check-in, inspection, and invoicing procedure. The
only tools we use are air compressors, air tools, and a forklift. The product is only sorted and
warehoused until we get a fui( trailer load, and then it is shipped back to our main operation in
Green Bay, WI.
W e stock 6000 to 7000 engines here on a fully computerized system, and ship all across the U.S.
to very large engine re-manufacturing companies. We also export to many countries.
We, in no way, salvage items. Everything is purchased selectively. Our average month in St.
Paul will consist of$100,000 plus in product purchases.
The Frito Lay truck dea( was a one time deai, and as you will see, we run a very organized, clean,
and professional operation.
We've been in business for over 12 years, and have about 14 employees between the 2 divisions.
Thank you for your attention and consideration. If you have any questions, please contact me at
1-800-456-8652.
Sincerely
�CL1
G(en E. Berhow, President
G. B. Core, Inc.
P. S. We have completed the title insurance, Phase I study, and as of yesterday we do have the
occupancy permit.
- ER •
��
- L-°w-
i In Re the License Applicafion of �,
_ Glen Berhow d/b/a (U.B C re, Inc. �
City's Exh. No. 2�,�
320) 434-6820 Fax (920) 434-6821 1-800-456-8652 2014 Glendale Avenue P.O. Sox 906 Green Say, WI 54305
CITY OF SANT PAL3L
Norm Colemm+, Mayor
December 2, 1999
Glen Be�how
G.B. Corp., inc.
2014 Gfendale Ave.
P.O. Box 906
Green Bay WI. 54305
RE: 500 Bush Avenue
Mr. Berhow:
OFFICEOFLICEtiSE,I�SPECIIOVSAVD �/' •,
EhYIROwtE.+TAL PROTECTIO\
Robert Kessler, Di�ec�or
LOWRYPROFESSIONi1LBGILDL� Telephone:657-266-9090
Suite 300 Facsimile: 65/-266-9099
330 St. Peter Streer 651-266-97?3
Saint Pavl, Minnesota 55702-1 SIO
We had received a complaint about the referenced property. t inspected the property on
Tuesday, November 30 As I drove up to the property, I observed three ma�es in the process
of cutting up defivery vans. I spoke to a Fred Gonzales who indicated he was the foreman on
the job. He stated that he worked for your company and explained that they were cutting up
these vehicles as part of a contract to salvage the metal and reusable parts. I explained to Mr.
Gonzales that this property is zoned I-1 industrial and auto salvage is not permitted in this
district. I did allow him to complete the salvaging operation of the vehicles observed on the site
but told fiim that once this was compfeted, no additionat activity is allowed in the buifding or
surrounding property until the zoning, licensing and building re-certification issues are
resolved. 1 told him 1 would be back tocJay to verify compliance with my orders.
Per our phone conversation today; you have explained that what I observed on Tuesday was a
one time deai and that it would not be occurring on the property again. You further explained
that your regular business invoives receiving used engine parts from various vendors. You
prepare these engines for shipment to your headquarters in Green Bay where they are resold.
I requested that you submit a written description of your business so that this office can
determine if the proposed use of the building complies with the zoning for the property. You
stated you would do that. Assuming the zoning issue can be resolved, it is anticipated that you
will need a business license and will need to satisfy building and fire safety code requirements.
Secause of the notification requirements of our ordinance, the length ofi time to process a
license is approximately 45 days. You cannot operate your business unti� the license is issued.
I would urge you to get this letter to me as soon as possible so that we can expedite resolution
of this matfer.
Ca11 me with questions at 6511266-9083.
��(�'�p/l�C-Q��
rence R. Zangs
Zoning Administration
500bush.wpd �
In Re the License A plication of
� Glen Berhow d/b/a �B. Core, Inc. —.
City's Exh. Na. 1 ��
� _�,
c��'-A. �' R�
,,
�ERRY STRATHMAN
Direcmr
Gien Berhow, President
GB Core, Inc.
P.O. Box 906
Green Bay, WI 54305
Mr. Berhow:
NOTICE OF LEGISLATIVE HEARING
An objection has been raised to the issuance of your City of Saint Paul Recyclin� Collection
Center License at 500 Bush Avenue. You aze invited to attend and participate in a hearing before
the Legislative Hearing O�cer regazding this objection.
The Legislative Hearing will be held on:
DATE:
TIME:
PLACE:
CITY OF SAINT PAUL
Corinne Asuncion � t _ (j
LIEP �
300 Lowry Professional Building
COUDiCIL INVESTIGATIO\` AND RESEARCH CENTER
Tuesday, May 30, 2000
4:00 p.m.
Saint Paul City HalURamsey County Courthouse
Third Floor, Room #330, Committee Hearing Room
15 West Kellogg B1vd.
Saint Paul, Minnesota 55102
At this hearing, the Legislative Hearing Officer wi11 take testimony from all interested people. At
the end of this hearing, he wiil make a recommendation as to whether the license should be
approved, approved with conditions, or refened to an Administrative Law 7udge. The City
Council will have the final authority to grant or deny this license.
c: Fred Gonzales, GB Core, Inc.
Council President Dan Bostrom
Complainant
District 2 Community Council
Phalen Village Business Association
North East Neighborhoods Dev. Corp.
Virginia Palmer, City
LIEP Staff
Notice Mailed: 5/23/00
Attorney's Office
CITY HALL SUITE 310 SAINT PAUL, MINNES In Re the License A�pp llc8tion of
.�. — Glea Berhow d/b/a U`.B. Core, Inc.
Prmttd on RecyclM Paper CI��$ EXIl. NO. 9��
03/17/O1 19:24 EA%
D I S T R I C
To: Christi
�nY
From: Bcuce ylves
Date: May 2 , 2000
._��'°`-`�:-+� ,
-r�-Trr
� k i ;� .
�
�-^���
F I V E P L A N N I N
Pu}/rrr-Pl�altat
k and Corinne Asuncion, LIEP
hathman, Legislative Hearing Officer � .
ter, District Five Planning Council �
C�j 02
�� - 4l
C O U N C I L
Re: Lic ` AppGcation for 500 Bush
After mceting with a se�ative from G.B. Core and with residents from the area urrounding 500 Bush, our
organi�ation voted tn o pose the gcanting of a Recycling Centez license for G.B. Co at 500 Bush.
Concetns raised by res ents included:
The business c ntiy seems W he opecating illegaliy without a license
The business h disposed of ha�ardous materials—inciuding oil and floresc bulbs—in an illegal
manne
The business done work on the building at 500 Bush without proper buil ing peTmits
Engine and parts have frequently been left lying azound outside the buil ' g
Thesc actions indica to us that G.B. Core would not be a`good neighbor'. 500 B sh is immediately adjacent
to residentiai propertie , and we expect businesses-�specially those in residential as--to compiy with city
codes and ordinances.
Because of the actions f the G.B. Core to date, we strongly encourage the City of S Paul w deay this business
a license for a Recyc ' Center ffi 500 Bush. Furthezmore, we have called Citiaen S ices to report the
violations lis�d above, and we hope the City can take acrion so that the business co plies with city codas and
ordinances.
If you have any questi s about this issue, p(ease call me at 774-5234.
1014 Payne Avenue
Saint Paul, Minnesota
Tei# 774-5234 Fax# 7�
MAY-26-2000 11:47 �:iry�s �xn. ivo.
of^ li
OFFICE OF LICENSE, INSPECTIONS AND
ENVIRO7VMENTALPROTECTION
Robert Kessler, Director
CITY OF SAINT PAUL
Narm Coleman, Mayor
LOWRY PROFESSIONAL BUILDING Telephone: 6i1-266-9090
3�O St. Peier Street, Suite 300 Facsimi[e: 65l-266-9099
SatntPaul, Minnesota SSl02-ISlO 65l-266-9l34
LICENSE APPLICATION SUMMARY
Date: Tuesday, May 30, 2000 @ 4:00 PM
LicenseID: 20000000096
License Applicant:
License Type:
GB Core Inc.
(Glen E. Berhow, President)
500 Bush Ave.
Recycling Collection Center
License Conditions: 1
The collection and processing of parts, for shipment, shall be
conducYed inside the building.
The business operation at this licensed premise shall not be in the
manner of an auto salvage use.
There shall be no exterior storage.
The handling and storage of vehicle fluids, batteries, etc. shall be in
accordance with the Ramsey County Hazardous Waste Regulations.
The dumpster must be stored on the property and not in the alley,
street or on the public sidewallc..
2.
�
5
Requirements: Environmental Health - Approved
Fire - Pending
Licensing - Approved w/Conditions
Zoning - Approved
Pending Adverse Actions: None
Current Licensee:
LIEP Recommendation:
None
Recommend approval
LTEP StaffRepresentative
.
In Re the License A plication of
— Glen Berhow d/b/a �B Core, c. —
CitS�'s E�. No. ll
- �^�
Rr = _" =*a
t _ ^ c ' 'rt
��=�
GERRY STRATHMAN
Direttor
Corinne Asuncion
LIEP
300 Lowry Professional Buildir
CITY OF S�INT PAt; L ��_ n J
COUNCIL INVESTIGATIOV AND RESEARCH CENTER �
NOTICE OF LEGISLATIVE HEARING
Glen Berhow, President
GB Core, Inc.
P.O. Box 906
Green Bay, WI 54305
Mr. Berhow:
An objection has been raised to the issuance of your City of Saint Paul Recycling Collecuon
Center License at 500 Bush Avenue. You are invited to attend and participate in a hearing before
the Legislative Hearing Officer regazding this objection.
The Legisiative Hearing will be held on:
DATE: Thursday, August 17, 20�0
TIME: 2:00 p.m.
PLACE: Saint Paul City HalURamsey County Courthouse
Third Floor, Room #330, Committee Hearing Room
15 West Kellogg Blvd.
Saint Paul, Minnesota 5� 102
At this hearing, the Legislative Hearing Officer will take testimony from all interested people. At
the end of this hearing, he will make a recommendation as to whether the license should be
approved, approved with conditions, or referred to an Administrative Law Judge. The City
Council will have the final authority to grant or deny this license.
c: Fred Gonzales, GB Core, Inc.
Council President Dan Bostrom
Complainant
District 2 Neighborhood Organizations
District 5 Neighborhood Organizations
Virginia Palmer, City Attorney's Office
LIEP Staff
Notice Mailed: 8/8/00
C[TY HALL
SUITE 3I0 SAINT PAUL, MI In Re the License A�pplication of �
.�. — Glen Berho d/b; a G.B Core Inc. �,
Pnncetl on Recyc:etl paper CI� �S F'xh. NO. 1�. �n �
�/
�
�'`� ♦
�� °=TY ° F @ qCTION MINUTES OF THE
a�"� SAINT PAUL CITY COUNCIL
6 il���fi�iIIi a
;, ..0 Wednesday, September 6, 2000
�, 3:30 - 5:00 p.m.
PUBLIC HEARINGS - 5:30 - 6:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Ketlogg Boulevard
Nancy Anderson, Assistant Secretary to the Council
Mary Erickson, Clerical Support - 651-266-8565
Office of the City Council
Present - 7- Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items 1 - 33)
NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION THERE
WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS IF DISCUSSION IS DESIRED, THAT
ITEM WILL BE REMOVED FROMTHE CONSENT AGENDA AND CONSIDERED SEPAR4TELY.
FOR ACTION
Approval ofminutes of August 2, 2000 (laid over from August 23), August 9, and
August 16, 2000.
Adopted Yeas - 7 Nays - 0
2. Claims of Farmers Insurance Group (for Ralph Pennie), Farmers Insurance Group
(for Elena Schroeder), Robert Flood, Gordon Gendler, Michael Glassman (for
Dawn Talavacchio), Cho Hyunsik, Anitra Johnson, Gene Marault, Metropolitan
Law Offices (for Mazia Bennett), Stephanie Stanton, Pearl White, and Tressa
Wickoren.
Referred to the Employee/Risk Management Division
� �
In Re the Lxcense A�pplication of
a Glen Berhow d/b/a (U. S Cor Inc. �
City's Exh. No. 13 �� ,
01-q�
September 6, 2000, City Council Action Minutes
Page 2
Letter from the Real Estate Division announcing a public hearing before the City
Council on September 27, 2000, to consider a petition to vacate part of the east-
west alley in Block 14, Hayden Heights Addition in City Council District 6,
Planning District 2.
4. Letter from the Real Estate Division announcing a public hearing before the City
Council on September 27, 2000, to consider a petition to vacate part of Aldine
Street north of the railroad right-of-way and south of Roblyn Avenue in City
Council District 4, Planning District 13.
Letter from the Real Estate Division announcing a public hearing before the City
Council on September 27, 2000, to consider the vacation of Rose Avenue from
Phalen Boulevard to Bazclay Street for construction of the State of Minnesota's
Bureau of Criminal Apprehension Building.
6. Letter from the Real Estate Division announcing a public hearing before the City
Council on September 27, 2000, to consider the vacation of part of a lot near Point
Douglas Road and Clarence Street originally taken for right-of-way purposes.
7. Letter from the Real Estate Division announcing a public hearing before the City
Council on September 27, 2000, to consider the request of Ronald Thorson to
vacate Barclay Street from Reaney to Bush Avenues and the alley in Block 3,
Homan's Subdivision in order to construct a garage on part of the vacated area.
8. Administrative Orders:
D001905 Authorization to pay Saint Paul Public Schools an amount not to
exceed $15,000.00 for the Adams Spanish Immersion School
_ Playground project.
D001906 Authorizing the Division of Code Enforcement, Truth-in-Sale of
Housing program, to pay for costs incurred at the annual re-licensing
meeting.
D001907 Approving a budget revision in the Department of Planning and
Economic Development for repair of the Advanced Parking
Information System.
D001908 Autharizing the Division of Parks and Recreation to enter into an
agreement with Patricia Katagiri of a local Urasenke School of Tea
Ceremony and Jim Herrman of 7apan to pay for materials and
supplies purchased in Japan for Tea Ceremonies at the Japanese
Garden.
D001909 Transferring Sewer Service Funds from the 1998 Major Sewer
�1
September 6, 2000, City Council Action Minutes Page 3
Repair project to the 1999 Various Sewer Repair project in the
Department of Public Works.
D001910 Revising the 2000 Capital Improvement Budget to move funding
from the Capital Maintenance Contingency to the Lexington Library
Roofproject.
Noted as on file in the City Clerk's Office
9. Resolution - 00-782 - Approving the reappointment of Andrew Boss, by Mayor
Coleman, to the City of Saint Paul Public Housing Agency.
Adopted Yeas - 7 Nays - 0
10. Resolution - 00-783 - Approving the reappointment of Richard Arey, by Mayor
Coleman, to the Bicycle Advisory Board.
Adopted Yeas - 7 Nays - 0
11. Resolution - 00-784 - Approving the appointment of Dr. Karlyn Eckman, by
Mayor Coleman, to the Middle Mississippi River Water Management
Organization.
Adopted Yeas - 7 Nays - 0
12. Resolution - 00-785 - Approving the appointment of Matt Anfang, by Mayor
Coleman, to the Board of Water Commissioners.
Adopted Yeas - 7 Nays - 0
13. Resolution - 00-786 - Approving the appointment of Annette Wuertz, by Mayor
Coleman, to the Saint Paul Neighborhood Network Board of Directors.
Adopted Yeas - 7 Nays - 0
14. Resolution - 00-787 - Approving the appointment of Cathy Pavlak, by Mayor
Coleman, to the Police Civilian Internal Affairs Review Commission.
AdopYed Yeas - 7 Nays - 0
15. Resolution - 00-787 - Approving the appointment of Raymond Ogren, by Mayor
Coleman, as an alternate representative to the Ramsey Action Program.
Adopted Yeas - 7 Nays - 0
e t -�✓
September 6, 2000, City Councii Action Minutes Page 4
16. Resolution - 00-788 - Expressing support for a fair contract for American
Federation of Television and Radio Artists (AFTRA) and the Screen Actors Guild
(SAG).
Adopted Yeas - 7 Nays - 0
17. Resolution - 00-789 - Approving the financing and spending plan for the 2000
Public Utilities Rate Investigation budget for cable franchise application fees.
Adopted Yeas - 7 Nays - 0
18. Resolution - 00-790 - Authorizing the Division of Parks and Recreation to apply
for Youth Enrichment Grant funding from the Minnesota Department of Children,
Families & Learning, through the Minnesota Amateur Sports Commission, to help
in the construction of two new soccer fields at McDonough Recreation Center.
Adopted Yeas - 7 Nays - 0
19. Resolution - 00-791 - Referring the application for a Liquor Off Sale License by F
& D Enterprises, Inc., dba Mounds Park Liquors, 243 Point Douglas Road North,
to an Administrative Law Judge.
Laid over to September 20 Yeas - 7 Nays - 0
20. Resolution - 00-792 - Approving the application for Liquor On-Sale (over 100
Seats) (B), Liquor On-Sale (Sunday), Restaurant (more than 12 seats) (B),
Cigarette/Tobacco, Entertainment (B), Malt Off-Sale, and Gambling Location
(Class B) Licenses by Alan L. Peterson, dba Ryan's Bar, 201 Fourth Street East.
(Legislative Hearing Officer recommends approval with conditions)
Adopted Yeas - 7 Nays - 0
_ 21. Resolution - 00-793 - Approving application for a Recycling Collection Center
License by Glen E. Berhow, dba GB Gore, Inc., 500 Bush Avenue. (Legislative
Hearing Officer recommends approval with conditions)
Referred to an Administrative Law Judge Yeas - 7 Nays - 0
22. Resolution - 00-794 - Approving Mn/DOT Agreement No. 80361 between
Mn/DOT and the City of Saint Paul to reconstruct traffic signal on Snelling and
Grand Avenues.
Adopted Yeas - 7 Nays - 0
��
September 6, 2000, City Council Action Minutes Page 5
23. Resolution - 00-795 - Amending the spending and financing plans for the Hoyt/
Montana Flood Remediation Projects.
Adopted Yeas - 7 Nays - 0
24. Resolution - 00-796 - Authorizing the Departrnent of Public Works to enter into
an agreement with the Minnesota Commercial Railway Company and the
Commissioner of Transportation for the installation and maintenance of railroad
crossing signals at the intersection of Kasota Avenue with the tracks of the
Minnesota Commercial Railway Company (on Kasota between west City limits
and T.H. 280)
Adopted Yeas - 7 Nays - 0
25. Resolution - 00-797 - Authorizing the City to enter into a Sub-Grant Agreement
with the Division of Emergency Management in the Minnesota Department of
Public Safety to recover costs incurred for severe storms from May 17, 2000
through July 12, 2000.
Adopted Yeas - 7 Nays - 0
26. Resolution - 00-798 - Indicating the Department of Public Works has prepared an
Environmental Assessment Warksheet (EAW) which addresses environmental
issues associated with the OgdenlWinthrop Sanitary Sewer Project and further
states that the environmental issues are reversible and will be mitigated by
construction policies and requirements and that an Envirorunental Impact
Statement (EIS) is not necessary for the project to proceed.
Adopted Yeas - 7 Nays - 0
27. Resolution - 00-799 - Requesting a variance to allow a 25 mph (40 km/h) speed
limit on Sibley Street from Second Street to Fourth Street.
Adopted Yeas - 7 Nays - 0
28. Resolution - 00-800 - Establishing a 2000 spending and financing plan for
Emergency Communications Center (ECC) services provided to the City of
Roseville.
Adopted Yeas - 7 Nays - 0
0l-�1/
September 6, 2000, City Council Action Minutes
Page 6
29. Resolution - 00-801 - Accepting a Minnesota Cities Grant from the Minnesota
Department of Economic Security for July 1, 2000, through June 30, 2001, and
authorizing the Police Deparhnent to enter into agreements with the Minnesota
Department of Economic Security and Saint Paul Public Schools.
Adopted Yeas - 7 Nays - 0
30. Resolution - 00-802 - Authorizing the Police Department to accept an Intemet
Crimes Against Children Grant from the U.S. Department of Justice, authorizing
Chief William Finney to enter into an agreement with the U.S. Department of
Justice, and establishing a 2000 financing and spending plan for the grant.
Adopted Yeas - 7 Nays - 0
31. Resolution - 00-803 - Authorizing the Police Department to enter into an
agreement with the State of Minnesota, acting on behalf of Century College, to
provide 300 hours of POST (Peace Officer Standards Training) approved training
for the period September 1, 2000, through June 30, 2001.
Adopted Yeas - 7 Nays - 0
32. Resolution - 00-804 - Authorizing the Police Department to enter into an
agreement with the University of Minnesota Police Department to furnish
assistance with flood, natural disaster, civil disturbance, or other emergencies
occurring within either jurisdiction.
Adopted Yeas - 7 Nays - 0
33. Resolution - 00-805 - Authorizing the Saint Paul Police Department to enter into
an agreement with the United State Department of Justice to participate in the
Drug Enforcement Administration Task Force.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
34
Resolution - 00-711 - Authorizing the Police Department to accept a$3,000 grant
from the Minnesota Department of Public Safety to be used towards targeting
adult providers of alcohol to minors. (Laid over from August 16 to October 18;
Resolution will be reconsidered on September 6)
Laid over to September 20 Yeas - 7 Nays - 0
ol-q�
September 6, 2000, City Council Action Minutes
Page 7
35. Resolution - 00-712 - Authorizing the Police Department to accept a$5,000 gzant
from the Minnesota Department of Pubiic Safety to be used for liquor compliance
checks. (Laid over &om August 16 to October 18; Resolution will be
reconsidered on September 6)
Laid over to September 20 Yeas - 7 Nays - 0
36. Report from the Department of Planning and Economic Development regarding
amendments to the Legislative Code related to signage in downtown. (Report
requested by Council March 8, 2000; C.F. 00-227)
A report was presented by Larry Soderholm, Department of Planning and
Economic Development.
37. Report from the Division of Parks and Recreation of the Initial Lease Terms and
any Extended Lease Terms regarding the Saint Paul Yacht Club's performance.
(Report requested by Council Apri17, 1999; C.F. 99-306)
Laid over to September 20 Yeas - 7 Nays - 0
ORDINANCES
38. Third Reading - 00-737 - An ordinance memorializing the decision of the City
Council granting the application of Jaunae and David Brooks to rezone properiy
at 1528 Grand Avenue, from RM-2 to OS-1 to aliow an office use. (Substitute
introduced August 23) (Public hearing held July 12, 2000)
Laid over to September 13 for final adoption
39. First Reading - 00-806 - An ordinance finalizing City Council action approving a
petition of Episcopal Church Home to rezone property located on the corner of
Fairview and University Avenues from B-3 and P-1 to RM-2 to allow for the
expansion of a retirement community. (Public hearing held August 9, 2000)
Laid over to September 13 for second reading
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
40. Third Reading - 00-744 - An ordinance amending Saint Paul Legislative Code
Section 33.04 by inserting the 50% reduction of all housing related permits as part
of an extension of a pilot program to increase housing in Saint Paul.
Laid over to September 13 for final adoption
dl- Rr
September 6, 2000, City Council Action Minutes
�
41. Resolution - 00-215 - Revoking the provisionai operator status as a taxicab driver
for Keith Hooks for failure to enroli in the taYicab driver training course. (Laid
over from August 9)
Substitute introduced and adopted Yeas - 7 Nays- 0
42. Resolution - 00-433 - Revoking the provisional operator status as a taxicab driver
for Dwight Smith for failure to enroll in the taYicab driver training course. (Laid
over from August 9)
Laid over to December 6 Yeas - 7 Nays - 0
43. Resolution - 00-807 - Granting the application of Juanita C. Gonzalez, General
Manager, Radio Rey, Inc., to allow live music at 10 River Park Plaza on
September 16, 2000, from 12:00 noon to 12:00 midnight.
Adopted as amended Yeas - 7 Nays - 0
44. Resolution - 00-808 - Approving the dedication of a permanent utility easement
for sewer purposes and temporary construction easement to the City of
Maplewood to enable a connection to the Metropolitan Council Environmental
Services existing sanitary sewer line on the grounds of the Rice and Arlington
complex.
Adopted Yeas - 7 Nays - 0
45. Final Order - 00-809 - In the matter of Operation and Maintenance Costs for the
Arcade/Case and the Grand/Sneliing parking lots for 2001. (File # 18744 &
18746)
Adopted Yeas - 7 Nays - 0
46. Resolution Ratifying Assessment - 00-810 - In the matter of the Arcade/Case and
CTrand(Snelling parking lots operation and maintenance costs for 2001. (File
#18744 & 18746)
Adopted Yeas - 7 Nays - 0
47
.�
Final Order - 00-811 - In the matter of the Seventh Place Mall operation and
maintenance costs for 2000. (File #18428-00)
Adopted Yeas - 7 Nays - 0
Resolution Ratifying Assessment - 00-812 - In the matter of the Seventh Place
Mall operation and maintenance costs for 1999. (File #18428-1999)
Adopted Yeas - 7 Nays - 0
a l- q�
September 6, 2000, City Council Action Minutes
49. Resolution Ratifying Assessment - 00-813 - In the matter of the Seventh/
Eleanor Area Paving and Lighting Project. (File #18908)
Adopted Yeas - 7 Nays - 0
50. Resolution Ratifying Assessment - 00-814 - In the matter of the Charles/
Chatsworth Residentiai Street Paving and Lighting Proj ect. (File # 18912)
Adopted Yeas - 7 Nays - 0
Page 9
51. Resolution Ratifying Assessment - 00-815 - In the matter of 2000 replacement of
lead water service connections as requested by properiy owners. (File
#OOLDSCRPL)
Adopted as amended Yeas - 7 Nays - 0
(254 Warwick Street was deleted)
52. Resolution - 00-765 - Concerning adverse action against all licenses held by
E& K Corporation, dba Checkers Nite Club, 1066 7th 5treet East, for failure to
pay delinquent license fees. (Laid over from August 23)
Laid over to September 27 Yeas - 7 Nays - 0
53. Resolution - 00-766- Concerning adverse action against the Cigarette/Tobacco
License held by Twin Cities Stores, Inc. #571, dba Oasis Market, 2067 Grand
Avenue. (Laid over from August 23)
Adopted Yeas - 7 Nays - 0
54. Public hearing to consider the application of 7ohn Kratz for a preliminary and
final plat for subdivision of properry bounded by Juliet Avenue, Palace Street, and
Highway 35E to create seven residential lots and one outlot.
Motion of Intent - Application Granted with Conditions
Yeas - 7 Nays - 0
55. Public hearing to consider the appeal of Larry Stams to a decision of the Planning
Commission allowing a determination of similar use for a private association of
Christian faithful housing up to seven (7) unrelated adults at 1977 Grand Avenue.
Laid over to September 13 Yeas - 7 Nays - 0
0�-9�
September 6, 2000, City Council Agenda
Page 10
56. Public hearing to consider the appeal of Dayton's Bluff District 4 Community
Council to a decision of the Planning Commission granting a Change of
Nonconforming Use Permit to change from a small custom welding shop to a
janitorial service at 841 Hudson Road.
Laid over to September 20 Yeas - 4 Nays - 3(Blakey, Harris, Reiter)
57. Pubiic hearing to consider the appeal of Jean Iwen to a decision of the Planning
Commission approving a site plan for a soccer field on the Campus of the College
of Saint Catherine, 2004 Randolph Avenue.
Motion of Intent - Appeal Denied (Conditions were imposed)
Yeas - 6 Nays - 0(Coleman not present)
To All Interested Citizens of the City of Saint Paul:
Want to become more involved within the Saint Paul Community?
The City of Saint Paul is currently seeking applicants for the following
citizen committees:
District Energy
Police Civilian Internal Affairs Review Committee,
residency required
The committees serve a wide range of needs and interests. Far more
information and/or an appiication, please see the City's web site at
www:cistpaul.mn.us/mavor/committeeinfo/ or contact Tom Marver
at 651.266.6610 for more information on how you can become involved.
�1. iK..
'' — *� • OFFIC THE CITY ATTORNEY /
Claytors �binson, Jn, Ciry Attorney 4 � — 9
CITY OF SAINT PAUL
Norm Co7eman, Mayor
September 20, 2000
Civil Division
400 Ciry Hal!
IS West Kellogg Blvd-
Saint Paul, Minnuota 55102
NOTICE OF HEARTNG
Glen Berhow, President
GB Core, Inc.
P.O. Box 906
Green Bay, Wisconsin 54305
Telephone: 65! 266-8710
F¢csimile: 651298-5619
RE: Application for a recycling coilection center license by GB Core, Inc., for the premises at
500 Bush Avenue
Dear Mr. Berhow:
Please take notice that a hearing will be held concerning your application for a recycling
collection center license for the premises at 500 Bush Avenue in Saint Paul. The hearing will be
heid at the following date, time and place:
Date;
Time:
Place:
October 12, 2000
9:30 a.m.
Roam 220, City HaIUCourthouse
15 W. Kellogg Boulevard
Saint Paul, MN 55102
The hearing examiner will be an Administrative Law 3udge from the State of Minnesota Office
of Administrative I-Iearings:
Name: Phyliis A. Reha
Oft"sce of Administrative hTezrings
100 Washington Square, Suite 1700
Minneapolis, MN 55401-2138
Telephone: (612) 341-7602
The Councii of the City of Saint Paul has refened the question of whetiier to deny your license
application for a hearing in accordance with the procedures of Saint Paul Legislative Code
§§310.05 and 310.06. Under those provisions, you aze entitled to notice and an opportunity to be
heard.
� �
In Re the License A plication of
— Glen Berhow d(b(a � B Cor Inc. —
City's Exh. No.14 � ,
Page 2
Gien Berhow
September 20, 2000
�
�
° �
The recommendation which the Director of the Office of License, Inspections and Environmental
Protection will present to the Administrative Law Judge is that the license should be approved
with conditions. The conditions bein� recommended are those conditions which you have
reviewed and agreed to by signature dated March 13, 2000.
However, the Administrative Law Judge is permitted to hear "other interested persons" and to
give them an opportunity to present testnnony and othenvise participate in such a hearing. It is
anticipated that one or more such "interested persons" will participate in the hearing, and
may wish to intervene. i he Administrative Law 7udge may require such person or persons to
provide written notice of the a ounds upon which denial of your license application is urged, and
the factual basis for such grounds. Motions may be made to determine the issue of intervention
and notice of the grounds in advance of the hearin�.
You have the right to be represented by an attorney before and during the hearing if you so
choose, or you can represent yoursel£ You may also have another person of your choice to
represent you, to the extent not prohibited as unauthorized practice of law.
The hearing will be conducted by an Administrative Law Judge, who will outline the procedures
for the hearing and consider any motions which the parties or interested persons may present.
Testimony is presented under oath, and the witnesses are subject to cross-examination. The
hearings are tape-recorded by the Administrative Law Judge. Concluding azguments may be
made orally or in writing, as agreed to by the parties and the Judge. Following the hearing, the
Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for
action to be taken by the City Council. The City Council is the uitimate decision-maker.
You should bring with you to the hearing any docuxnents, records, witnesses or other evidence
that you will or may need to support your position. Subpoenas may be available to compel the
attendance of witnesses or the production of documents in conformity with Minnesota Rules.
Please feel free to contact me if you have any questions about this letter.
Sincerely,
�/ � �.�.�,
��
Virginia D. Palmer
Assistant City Attomey
cc: LaVon Regan, Office of Administrative Hearings, 100 Washington Square, Suite 1700,
Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hali
Page 3
Glen Berhow
September 20, 2000
�
�
D�-9�
Robert Kessler, Director of LIEP
Christine Rozek, Deputy Duector of LIEP
7ames A. Yarosh, Attomey at Law, 1300 Washington Square, 100 Washin�ton Ave. S.,
Mpls, MN 55401
Chuck Repke, Community Organizer, District 2 Community Council, 1961 Sherwood
Ave. E., St. Paul, M'iV 55119
Bmce Sylvester, Community Organizer, Payne Phalen District 5 Planning Council, 1014
Payne Ave., St. Paul, MN 55101
Marjo:ie Mangine, Phalen Village Business asseciation, 1565 East Idaho, St. Paul, MN
55106
Kazen Swenson, Executive Director, North East Neighborhoods Dev. Corp., 1212
Prosperity Ave., St. Paul, MN 55106
� . r
�
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
�
0%-9�
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on September 21, 2��0, she served the attached NOTICE OF
HEARING on the following named person by placing a true and correct
copy thereof in an envelope addressed as follows:
Glen Berhow, President
GB Core, Inc.
PQ Box 906
Green Bay, Wisconsin 54305
(which is the last known address of said person) and depositing the
same, with postage prepaid, in the Uni tates mails at St. Paul,
Minnesota. _ ,� /�
CLEMENTS
Subscribed and sworn to before me
this 21st d�f S�tey��r, 2000.
Notary
'ETEf2 P. PAPIGBORN
�7ARY PUBLIC - MINNESOTA
MY CQMMISSION
rXPfRES JAN. 31, 2005
, OCT-03-2000 09�35 City o{ Saint Paul 651 266 8574 P.0?J96
oJ-q�
MINUTES OF THE LECrISLATIVB i3EAIZING
GII CORE,INC., 500 Bush Avenue
Thursday, August ] 7, 2000
Room 330 Co�thouse
Gerry Sirathman, Legislative Hearing Officer
STAFF PRESENT: Corinne Asuncion, License, Snspections, Bnvironmental Pmtecrion (LTEP);
Jofin Hardwick, LIEP
The meeting was called to order at 2:05 p.m.
Ger•ry Strathman stated this Iiearing is being held to heaz objeetinns to the ticense application for
G13 Core, Jnc. at S00 Bush Avenue.
Corinne Asuncion reported this agplication is for a Recycling Collection Center License.
Inspections for environmental health, fire, licensing, and zoning have all been approved, LILP is
recommending approvaI of the Iicense with Che frve conciitions listed below, which have been
si�ned by the applicant:
1) 'I'be collection and processing of parts for shipment shall be conducted inside tlie building.
2) The bnsiness operation at this licensed premise shall not be in the manner of an auto
salvage use.
3) There shatl be no earterior storage,
4) The handling and sforage of vehicle fluids, Uafteries, etc, shall be in accordance wiCh the
Ramsey CounLy Hazaxdous Waste Regulations.
5) The dumpster must be stored on the property and not in the a11ey, street, or on the public
sidewallc.
NIs. Asuncion stated she would like to add one uiore condiflon because d�is business is within
$OQ fcet of tesidential property. This condi6on has not been signcd by the applicant:
6) The business hoivs of operation shall be from 7:00 a.m. to 7:00 p.m.
Bruce Sylvester, District S Planning Council, appeared and stated he sent a lettcr dated May 26
outiining their concerns. The strongesi case he has is the first concern. 1) Several City staff
members have told him it is illegal to o�erate in Saint Paul prior to being issued a Iicense. Tlus
is taken directly from City code. 2) There lias been illegal disposai ofhazatdous materials: oil
aad fluoresceat bulbs aze heing thrown into a dumpster. 3) Some wotk has been done on the
b�rilding without permifs. This is an industrislly zoned site tliat is adjacent to a residentially
xoned area. 4) Engine and auto parts are freqE2entiy left outside of Che building.
A final point, stated Mr. Sylvester, that as not mentioned ia his letter is constntction
debris-orushed cinder hiocks-scattered on the public street and alley outside the business. This
c�n be a problem for tires. The planning council mei once with the manager on site. Tfuough
those conversations and because of ihe concerns of the neighbors, the plauning counci3 voted to
not support the license.
�
n e t e icense p�icat�on o
_ Glen Berhow d/b/a � S Cor Tnc. _
C+�e Esli. No.15 ��
OCT-03-2000 09�35 City of Saint Paul 651 266 8574 P.03i06
�/-9�
LEGISLATTV$ HEARII3G MINUTES, GB CORE, 500 BUSH AVENLTE, 8-17-00 Page 2
Troy Trooien, 766 Burr Street, appeared and stated he objects to this license being issued
beeause of things he has seen at S00 BusYi Avenue. The people operat'sng this business seem to
have contempt for the environment, laws, and reguiatfions. {Mr. Trooien presented photo�raphs
to Mr. Strathman indicating where petroleum products bad been spilled. These photographers
were also shown to the owner.)
Mr. Strat}unan asked why he preswnes there is consixuction without permits. Mr. Trooien
responded he has not seen pecmits posted. Kristine Schweinter (LIEP) was at the site,
established there was no permit, and told them to stop whatever they were doing.
Autumn 1999, stated Mr. Trooien, there was a lot of activity at S00 B�sh Avenue. lie presumes
that is when GB Core moved in. A lot o#' hucks and activity appeared in the Spring oF 2000.
The Task Force was concemed about traffic, noise, and hours of operation Mr. Trooiea is
mostly troublecl by the pollntion. Oil on the ground will be there for a long time. Also, Mr.
Tzooien received a cai! from Glen Berhow.
Mr. Strathrnan asked is it their perception fltat the way ttus business is being operated is
distuxbing the neighborhood or that it wiIl in the fixture disttvb the neighborhood. Mr. Trooien
respondEd he has seen some things that aze disturbing to him. The a11ey was paved last summer
and re-oiled a�ew weeks ago. Trucks with heavy loads and heauy engines are destroying the
aliey, which is not as bad as dumping, but still a concErn. Traffic, naise, and blocicing the road
are not a problem because d�ey are the cost of dping business.
Glen 13erhow, owner and president, and ]im Yaznsh, atCOrney, appeared. Mr. Berlww stated GB
Core, Inc., is a Wisconsin based corporation_ They have a lazge operation in Green Bay,
Wiscozisin whera there is a 40,000 square foot building and 4 acres of fenced yazd, Everything is
done inside the building as it will bc done in Saint Paul. The bti�siness has been in existence
s�nce 1987. They have leased a building in Saint Paul since 1990. There was an operation on
Yennsylvania AvemYe for about six years. They leased a huilding at 893 Picrce Butler Route for
three years, which expired in October 1999.
NIr. Berhow went on t� say they are a�rowing company and were looking at better business
decisions and decided to purchase a buildin� at 500 BtLSh Avenue. Tt was purchassd on a land
contract detkI. When he first looked at 111e building, it was a mess, and there were a lot of ]egal
issucs that were defaulted on. 'Cl�e building was rented before it was purchased in 7wie, at which
time GB Core took ownership. They havc been cIeaning it up. The building has been used in a
minimal worku� operation. GB Core supplies used engines and eomponents to produetion
engine xcbuilders across the United States. The operafion in Saint Paul is a safellite operarion:
all that is done hare is purchasing.
Mr. Berhow had o conversafion with Troy Trooien and tried to explaTn the operation to him. Mr.
Berhow has gone to the extreme end in trying to xnake this a neighborhood operation, buY it will
not ha.ppen overnighl becanse there is too much work to do on the building. All he is doing with
tIie building is Cleaning it up, takiug down old walls ttxat arc alrcady half knacked down,
OCT-03-2000 99�35 City of Saint Paul 651 266 8574 P.04i06
LEGISLATIVE HEA1tIlVG _ � / �/
MINUTES, GB CORE, 500 BUSH AVENUE, g_I7_00 Page 3
windows that were boarded up, doors that aze not functionable. The � m �� � been at the
bui2ding monthly.
Mr. Stratlunaa stated he is concemed about the adlegations of hazardous materiats. Mr. $erhow
r�sPo�� that is not accvrate_ Sherrie Wings finm the Fire Dep��t ��een there at least
fen Smes in the Iast few months. They have done aIl the things Ms. Wings asked them to do.
't'his building previous(y lvoked so bad that it was a dumpiag ground for mattresses, tires, etc.
�� w�� m�ament box has been put snside the building because dumping is still a
problem.
What are they doing witta the fluids from engines, askefl p�., g��� � gerhof responded
they have speciaily made benches. These engines are loaded onto a tiuck and are sold to GB
Core. There mighi be .05°10 of fluids from 100 engines; the amount is that miniinai. That littIe
bit is drained into a coutainer as requested by Ms. Wings. She also requested Ihat the barrels
used are put on special paI(ets. They have fot� barrels, but tbey won't collect four barrels of
ftulds over a year's time. $veryonc has rushed to conckuions. This building is under review by
the fue departuient and by fhe DNR (Dep2rtmerrt of Natural Resources).
Mr. Strathman asked abc�ut ihe claim thal there t�,� ��etion without permits. (Mr, lierhoW
explained some of the photographs from Mr. Trooien.) Mr, Berhow stated he talked ko someone
in LIEP, �plained wi�aL they are doing, a�d ��t t��ey were xemoving things from the building.
He was told by a representa#ive from LIEp that as long as things are pr�exisfing and pre-framed,
he is not required to have a permit because Hxey are not changing auything,
Mr. Strathman asked about the additional condition regarding the hours, Mr. Berhof responded
the emplayees are us;�a]ly done by 4:00 p,n�. 7:00 woul d never be a problem.
Mr. Trooien asked is the business recycling engines. Mt, i3erhof respondad they have done a
minima] mnount witIi the engines or wliafever.
�r. Trooien stated he counted five dumpsters of stuff going out, $e does not think this is a tiny
operation. Mr. Berhof responded GB Core is not a tiny operation: they sell 1,500 en�ines a
month, Those are approved recycling bins. These are not junlc cngfnes. ti�ey have $750,000 in
inventory. W�en this business is running, thay may be do'ueg $250,000 a wcek ia purchases.
�e3' run a clean operation in Green Bay, and it wili be no differenl in Saine Paul. GB Core does
not look like an engine cat broker place. rvetything is shrink wrapped, prioritized,
computerized, and on racking,
T-ic does not thirik Mr. Berhof is telling the truth, stated Mr. Trooien. The pictures are taken from
a six monfh period. He has seen a pattern of slopp��s outside GB Cora. There is �, serious
operation goiug on. Mr. Trooien is not coneemed that they are computeri�d nor that they do a
good t�usiness in Green Bay. Rather, he is concemed about pollution he has seen everyday for
the past nine monfhs. Mr. Berliof is not addressing this and it speaks to his veracity.
� OCT-03-2000 09�36 City vf Saint Paul 651 266 8574 P.05i06
.� _ � � j
LEGISLATIVE HEARTNG MfN[JTES, GB CORE, S00 BUSH AVENLTE, $-] 7-00 Page 4
Mr. Sylvester stated the business has acknowledged they are already operating, which is a
violation of City code. The fact that they are operating without a license speaks volumes about
how they ace going to manage their business to the benefit of Saint Paul. He urged Mr.
Stratlmz2n to take this into consideration,
Mr. Berhof stated the tninimum amount they aze doing is the transition from the other building to
this building. These gentlemen aze describing things that have happened in the past. GH Core is
going to make this a nice operation.
Mr. Strathman stated he is troubled that GB Core is operating without a license. LJnfoztunately,
this fiappens with disturbing regularity in the City. Operating without a Iicense is not in at�d of
itself a basis for denying a license. The concern of the nei�hboxs is substantial; however, there is
a license condition that the business will handle fluids applicable to County zegulations. Mr.
Strathman does not see a hasis for denying this license.
Gerry Strathman recammended approval of this license application witU the six conditions as
listed on Page I. These conditions have been appmved by Glen Bexhaf.
The nieeting was adjourned at 238 p.m.
�i.,�
' . OCT-03-2000 09�36 City of Saint Paul 651 266 8574 P.06/06
,,
September 6, 2000, City Council Action Mimaes
16, Resolution - 00.788 - 8�cpressing support for a fa'u conhact for American
Federation of Television and Radio Artists (AFTRA) and the Screen Actors Guild
(SAG}.
Adopted Yeas - 7 1�Iays - Q
17. Resolution - 00-789 - Approving the fmaacing and spending plan for the 2000
Public Utilities Rate Investigation budget for cable franchise application fees.
Adogted Xeas - 7 l�ays - 0 �
18. Resolution - 00-790 - Authorizing the Division of Parks and Recreation to apply
for Yvuth Enrichment Grant funding from the Minnesota Depac�ent of Chiidren,
Families & Learning, through the Minnesota Amateur Sports Commission, to help
in the consuuction of two new soccer fislds at McDonough Reereation Center.
Adopted Yeas - 7 Nays - 0
19. Resolution - 00-791 - Referring the application for a Liquor Off Sale License by F
& D Enterprises, Inc., dba Mounds Park Liquors, 243 Point Dougias Road Nprth,
to an Administrative Law Iudge.
Laid over to Sepkember 20 Yeas - 9 Nays - 0
20. Resolntion - 00-792 - Appraving the application for Liquor On-Sale (over 100
Seats} (B), Liquor On-Sale (Sunday), Restaurant (more than t 2 seats) (B),
Cigarette/Tobacco, Entertainment (B), Malt Off-Sale, and Gambling Location
(Ctass B) Licenses by Alan L. Peterson, dba Ryan's Bar, 201 Fourth Street East
(LegislaNve Hearing Officer recommends approval with conditious)
Adopted Ye�s - 7 Nays - 0
21. Resolution - 00-793 - Appmving application for a Recycling Collection Center
License by Glen E. Berhow, dba GB Gore, Inc., S00 Bush Avenue. (Legistadve
Hearing Officer recammends approval with condiHons)
Referred to an Admiaistrafive Law Judge Xeas - 7 Nays - 0
22. Resolution - DO-794 - Approving MnlDOT A�eement No. 80361 between
Mn/DOT and the City of Saint Paui to recons�uct 1raffic signai on Snelling and
Grand Avenues.
o1-gJ
Page 4
Adopted Yeas - 7 Nays - 0
TOTRL P.06
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Oct il �0 01:17p GB CORE 65179350�5 p.2
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Address: "��-'�.-%
Saint Paul - Ramsey CouMy Departmeni of Pu6fic Heafth
Environmentat Health Sec4lpn :
Solid & Hazazdous Waste Compliar+ce Program
t670 Beam Avenue, Suite R
Maple�v0od, MN 551 Q8
Telephone:773-4465 Fax:773-4454
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Generamr: �' ��': L.'� ,- �.r-�--
EPAID# ��:R� .�� . � I I �
RY� `= �- � -. --� ' Zip Code: �� t ;,_
Coritact: � c ; `� �^v'\ �_...; c_5 Tiile: ��� • _'-.� .-c:� Phone �: 7 t 1� - � = � . _�
Inspec[ion Date: F `� �� f ' �``� v ---
East Inspectian Date:
Size: SoG _�_VSQG Purpose: ;"InRial � Routine Follow-up Enforcement Complaint Closore
' •• '- - - a . . • . - :is . -:'
1. Ucense CurrenVPasted t Max AccumWation Vo! -< 1000 kg (VSQG} _y antainers - ClosedlGood Cond'RioN
2. EPA ID Numbar , 2, iS0[270 Day SYorage Maximum _ � ImpeYVious Surface '�
3. Waste Evaluation 3. Sperrt Lead Acid Battery Storage �.`iLabe�ing
4. Licertse Application SubmriteG � 3. Reoyciing BecBipts (3 yr) ,
5. Unticensed Hazardous Waste > 75 Oays "�'' �' 4. VSQG • Used Oil Mixed with D001 Only
6. POTW Report3AVailabie , 1. Relinquishing Control 5: Used Oil 9umed Onsite
7. 15 Days Disposa! Prenotification 2. Report/Rgcover Spills (6495451) 6. Tanks • Labeled/CloseU/Good CondiboN
8. Prevlous OrUers Complied Witti �� 3. Operate To Prevent Reiease lmpervious Surface . �
9. Eniry qllowed 4. Adequate Ais[e Space
70. Other
� � � � � � � 7. Pretreaiment Inspection Schedule
1. IntemallE�ternal Communication 2. lnspection LoQ Maiches SChadu�e
t. Wee&ly Container lnspections (3 YrS.) �= �OmRfNniCatipns in 4he 1NaSt8 At'ee �
2. Corrtainsrs In Good Candition 3. Emergency/Spill/Fire Equipmer�
3. Containers C(osed 4• EqufpmeRt TestedlMaiMainad i. Designated Emergency Coordinator{s)
4. Accumul9lion Start Date ' 5. IUOYrfication $gnt to Local Authari6es (SQG} 2. Telephone Posting: �
5. 'HezardoUS WaSte" Met'king �, a. Emergerky Caordinator(s) Name and Phone #
6. DescriptHa Name Ctearly Labeleci �� b, Locations of Flre/Spi1f Eq�ipment,
7. Ccntainers Compa6ble Wkh ihe Waste �� P�oPer Manifests c. MDO�rs Dept. Phone # �
8. Proper ignitabielReactive Mgmt (5p,Ft) �2• Copies Availab�e On 5ite (3 Years) 3. 3000 kg Storage Mauiroum
9. Incompatibie Wastes Separated - 3. Manifest Properiy Complefed 4. Aersonnei Training DocumeMed
4. '1'ntiial 6opy To MPCA (� DayS)
i!0• Uquids on Impermeable Surtace � '�.- 5. Fnal Copy To MPCA {40 Days) ��.�.
1�. Storage Tank Requirements 6. 45 Day ExCeption R9pOrt �� �
1. Removal of HW, Hazardous Matarials and
� , , , � , � . . 7. VS�G Collection Receipis Contaminetetl Meianhis � �
8. Recy�Eing/Speciat Wastes Aeceipts
1. Liquids on Curbed Impermeable Surfaoe 9. Feetlstock/8y product Bill of Lading {3 yr)
s 2. Ignitghle wastes Shaded 90, LDR Rocumsntstion Available (3 yr} �, USUAST R
3. Protectetl - MoisiurelEntry/Damage egistration
2. Specials Waste SWrage/�luorescer� tubas
The ltems ciroled above identify viclatfons noted during the inspec4ion conducted on this date.
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OFFICE OF THE CITY ATTORNEY
Claytan M. Robinson, Jr., City Attorney ,
CITY OF SA1NT PAUL
� � �'' � t Y � D Civil Division
= Norm Coleman, Mayor r �� r,� ^ ej Q q 4 � 0 7 0 City Hal[ Telephone: 657166-8710
�`-' G� �� I .r Gf7 WestKelloggSlvd. Facsimile: 6i1298-5619
Saint P¢ul, Minnuota 55102
i _y" -
r+.i�:_
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September 20, 2000
Glen Berhow, President
GB Core, Inc.
P.O. Box 906
Green Bay, Wisconsin 54305
NOTICE OF HEARIIVG
RE: Application for a recycling collection center license by GB Core, Inc., for the premises at
500 Bush Avenue
Dear Mr. Berho;a:
Please take notice that a hearing will be held concerning your application for a recycling
collection center license for the premises at 500 Bush Avenue in Saint Paul. The hearing will be
held at the following date, time and piace:
Date:
Time:
October 12, 200€9
9:30 a.m.
Place: Room 220, City HaIUCourthouse
15 W. Kellogg Boulevard
Sain± Pau1,10'iN 55102
The hearing examiner will be an Administrative Law Judge from the State of Minnesota Office
ef Ac;.�.:ni;trative Hearings:
Name: Phyllis A. Reha
Office of Administrative Hearings
100 Washington Square, Suite 1700
P;�i�u�ayalis, i�lil�T S�SSI?-2i3P
Telephone: (612) 341-7602
The Council of the City of Saint Paul has refexred the question of whether to deny your license
application for a hearing in accordance with the procedures of Saint Paul LegisIaiive Code
§§310.05 and 310.06. Under those provisions, you are entitled to notice and an opportunity to be
heard.
Page 2
Glen Berhow
September 20, 2000
o1-q�
The recommendation which the D'uector of the Office of License, Inspections and Environmental
Protecfion will present to the Administrative Law Judge is that the license should be approved
with conditions. The condifions being recommended are those conditions which you have
reviewed and a�eed to by signature dated March 13, 2000.
However, the Admimstrative Law Judge is permitted to heat'bther interested persons" and to
give them an opporhulity to present testimony and otherwise participate in such a hearing. It is
anticipated that one or more such "interested persons" will participate in the hearing, and
may wish to intervene. The Administrative Law Judge may require such person or persons to
provide written notice of the grounds upon which denial of your license application is urged, and
the factual basis for such grounds. Motions may be made to determine the issue of intervention
and notice of the grounds in advance of the hearing.
You have the right to be represented by an attorney before and during the hearing if you so
choose, or yoe can represent yourself. You may also have another person of your choice to
represent you, to the extent not prohibited as unauthorized pracrice of law.
The hearing will be conducted by an Administrative Law 7udge, who will outline the procedures
for the hearing and consider any motions which the parties or interested persons may present.
Tesiimony is presented under oath, and the witnesses are subj ect to cross-examination. The
hearings are tape-recorded by the Administrative Law Judge. Concluding azguments may be
made orally or in writing, as agreed to by the parties and the 7udge. Following the hearing, the
Judge wiil prepare Findings of Fact, Conclusions of Law, and a specific recommendation for
action to be taken by the City Council. The City Council is the ultunate decision-maker.
You should bring with you to the hearing any documents, records, witnesses or other evidence
that you will or may need to suppozt your position. Subpoenas may be available to compel the
attendance of witnesses or the production of documents in conformity with Minnesota Rules.
Please feel free to contact me if you have any questions about this letter.
Sincerely,
�/ � ��..�,
��
Virginia D. Palxner
Assistant City Attomey
cc: LaVon Regan, Office of Administrative Hearings, 140 Washington Square, Suite 1700,
Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Page 3
Glen Berhow
September 20, 2000
o!-g�
Robert Kessler, Director of LIEP
Christine Rozek, Deputy Director of LIEP
James P.. Yasosh, Attome� ar Lav✓, 1300 Wash;roron Sqnare, 100 �Vashi.^.�oa Ave. S.,
Mpls, MN 55401 y
Chuck Repke, Community Organizer, District 2 Community Councii, 1961 Sherwood
Ave. E., St. Paul, MN 55119
Bruce Sylvester, Community Organizer, Payne Phalen District 5 Planning Councii, 1014
Payne Ave., St. Paul, MN 55101
Marjorie Mangine, Phalen Village Business Association, 1565 East Idaho, St. Paul, MN
55106
Karen Swenson, Executive Director, North East Neighborhoods Dev. Corp., 1212
Prosperity Ave., St. Paul, MN 55106
o �- 9i
LICENSES
therein illegally. This report shall apply to aIl
hotels, whether heretofore or hereafter licensed.
The conduct of any such hotel in a disorderly
manner or permitting any immoral or unIawfui
conduct or practices therein, or the sale of liquor
illegally, shall be cause for the refusal of a license
to the keeper thereof, or for the revocation of any
license aIready granted.
(Code 1956, § 335.06)
Sec. 407.07. Inspection.
It shall be the duty of the director of the divi-
sion of public health, by himself or through his
duly appointed inspectors, from time to time,
during the life of any license granted hereunder,
to inspect the place of business of the licensee to
ascertain that the same is conducted in a proper,
clean and sanitary manner, and if such inspection
shows that the same is not so conducted, to make
report of the fact to the inspector, who shall im-
mediately transmit the same to the council. The
conduct of his business by any licensee hereunder
in an unclean or unsanitary manner shall be cause
for the revocation of any license issued under this
chapter.
(Code 1956, § 335.�8)
Sec. 407.08. License cancellation.
The conduct of any hotel in a disarderly manner
or permitting any immoral conduct or practice
therein, or the violation of any of the rules or
regulations of the division of public health, de-
partment of fire and safety services or depart-
ment of police, or any of the provisions of this
chapter, shall be suffxcient cause for the refusal of
a license or the cancellation of any license already
issued to the keeper or owner thereo£.
(Code 1956, § 335.10)
§ 408.02
Chapter 408. Recycling Collection
Center/R.ecycling Processing Center*
Sec. 408.01. License required.
No person shall engage in the business of oper-
ating a recycling collection center or a recycling
processing center within the city without a li-
cense. A sepazate license shall be held for each
business premises or auxiliary location within the
city.
(Ord. No. 17787, § 1, 11-15-90; C.F. No. 94-539, §
1, 5-18-94)
Sec. 408.02. Definitions.
For the purposes of this chapter, the following
terms shall have the meaning indicated in this
section:
Mixed municip¢l solid waste shall mean gar-
bage, re£use and other solid waste from residen-
tiai, commercial, industrial and community activ-
ities which is generated and collected in aggregate,
but does not include recyclable materials, auto
hulks, street sweepings, ash, construction debris,
mining waste, sludge, tires, lead acid batteries,
used oil, infectious waste and other materials col-
lected, processed and disposed of as sepazate waste
streams.
Recycl¢ble m¢teri¢Z is reusable material in-
cluding, but not limited to, glass, plastics and syn-
thetic materials, paper products (such as newspa-
pers, stationery, scrap paper, computer paper and
corrugated cardboazd), rubber, batteries, ferrous
and nonferrous metais, concrete, asphalt, wood and
building materials, tree wastes but not including
yazd waste or mixed municipal solid waste.
Recycling collection cerzter is a recycling collec-
tion facility in a building for the acceptance by
donation, redemption or purchase of recyclable ma-
terials. Such a facility may allow limited com-
pacting or crushing of recyclable materials.
*Editor's note—Ord. No. 17787, § 1, adopted \ov. 15, 1990,
repealed Ch. 408, junkyazds and junk dealers, §§ 408.01—
408.06, in its entirety. Prior to this repeal, Ch. 408 was de-
rived from §§ 341.01-341.08 of the city's 1956 Code and from
Ord. No. 16774, adopted Mar. 19, 1981; Ord. No. 16882, adopted
Feb. 11, 1982; and Ord. No. 16977, adopted Nov. 30, 1982.
Supp. No.26 2168.1
ol-�t �
§ 405.02
LEGISLATIVE CODE
Pecyclirzg drop-off station is a facility consisting
of reverse vending machines or unattended
weather-resistant containsrs that aze provided for
the collection of recyclable materials. Any such
recyclable material collected shall be of a size per-
mitting it to be placed compietely inside an en-
closed reverse vending machine, weather-resistant
container or trailer so that said materials aze not
eaposed to the elements. Such a facility may be
established in conjunction with and accessory to
an e�sting commercial or industrial use. The term
"recycling drop-off station" shall not include tem-
porary mobile wllection containers.
Recycling processirzg cerzter is a reeycling fa-
cility that accepts, stores and proceeses recyclable
materials whether or not maintained in connec-
tion with another business. Processing includes,
but is not limited to, bailing, briquetting, crushing,
compacting, grinding, shredding, sawing, shearing
and sorting of recyclable materials and the heat
reduction of such materials.
Y¢rd waste is lawn cuttings, leaves, weeds,
garden wastes and soft bodied plants.
(Ord. No. 17787, § 1, 11-15-90; C.F. No. 94-539, §
2, 5-18-94)
Sec. 408.03. Fees.
The annual license fee for a recycling collection
center and the annual license fee for a recycling
processing center shall be estabiished by ordi-
nance as specified in section 310.09(b).
(Ord. No. 17787, § 1, 11-10-90; C.F. No. 94-539, §
3, 5-18-94)
Sec. 408.04. License requirements.
(a) Applic¢tion. An applicant for an initial li-
cense under this chapter shall submit to the office
of license, inspections and environmental protec-
tion a written applieation signed by himself or
herself if an individual, by all partners if a part-
nership, or by the president or chief executive of-
�icer if a corporation. The application shatl be
signed under oath and shall contain the £ollowing
information:
(1) Name, residence and telephone number of
every person having an interest in the busi-
ness in escess of ten (10) percent owner-
ship.
(2) The trade name and address of the busi-
ness on behalf of which the application is
made and its telephone number.
(3) E�ct address and property description of
the premises in Saint Paul where any part
of the business is to be carried on, together
with a diagram of the premises showing,
with exactness, the location of the abutting
roads, properties, buildings and uses, and
the location, materials and design of all
buildings to be used in the licensed busi-
ness, including structures required here-
under.
(4) Such other information as the inspector may
reasonably require to assist the council.
(b) Investig¢tion. Upon receipt of an initial ap-
plication, the inspector shall forwazd it to the
building inspection and design section, the fire
department and the public health section. Each
office will complete due investigation and will re-
port to the council through the inspector within
forty-five (45) days.
(Ord. No. 17787, § 1, 11-15-90; C.F. No. 94-539, §
4, 5-18-94)
Sec. 408.05. License regulations.
(a) Recycling collection center. Every licensee of
a recycling collection center must comply with the
following conditions:
(1) The required license, name and phone
number of the facility operator, and the
hours of operation must be prominently dis-
played.
(2) The use of power-driven equipment shall
be limited to within a building(s) except for
the once-a-day trans£er of degosited recy-
clable materials in containers from exte-
rior dropoff stations on the premises to
storage locations within the building(s).
(3) All exterior storage of material and goods
for dropoff stations must be in durable, wa-
terproof and rustproof containers or encio-
sures that a:e co�e:ed so that sueh mate-
rials and goods are not exposed to the
elements. All containers or enclosures must
be secured from unauthorized entry or re-
Supp. No. 26 2168.2
o!-q�
LICENSES
moval of goods or material, attractively
painfizd, maintained in good conclition, and
oF a capacity su�cient to accommodate all
such materiaLc. The collection schedule must
also be posted in fuIl view of the public at
all times.
(4) The containers used for recycling dropoff
stations must be clearly mazked to identify
the type of material and goods that may be
deposited and shall display a notice stating
that no material or goods shall be left
outside the recycling containers. There shall
be a sign indicating that cans and bottles
should be rinsed prior to deposit at the
dropoff station or the collection center.
(5) The recycling collection center shall not
operate between 7:00 p.m. and 7:00 a.m. if
the facility is located within five hundred
(500) feet of residentially zoned or residen-
tially used property, measured from the
property line of the recycling collection
center to the property line of the nearest
residentially zoned or residentially used
property.
(6) No fire haZazds shall exist on the premises.
(7) The premises shall be maintained in a
clean and orderly condition free of rats and
other vermin, wastes and standing water.
No oil, grease, petroleum products or other
harmful, hazardous or noxious liquids shall
be allowed to run off the property or absorb
into the ground.
(8) Noise levels shall not exceed the limits set
forth in Chapter 293 oF this Legislative
Code.
(9) Weeds and grass on the premises shall be
maintained in accordance with Chapter 45
of this Legislative Code.
(10)
(11)
No material used in the business shall rest
on or protrude on any public property or be
permitted to be blown off the premises.
No activity required by this chapter to be
licensed shall be conducted any place ex-
cept upon the premises described in a li-
cense, other than necessary transport of
materials to or from licensed premises.
§ 408.05
(b) Recycling processing center. Every licensee
of a recycling processing center shall comply with
the following conditions (NOTE: a recycling pro-
cessing center that collects recyclable materials
shall be subject only to the following conditions
and not those stated above £or a recycling collec-
tion center):
(1) The required license, name and phone num-
ber of the facility operator, and the hours of
operation must be prominently displayed.
(2) All eaterior storage and processing areas
must comply with the requirements for
containers and screening set forth in sec-
tion 60.612(18) and section 60.613(3)(a) if
in an I-1 zoning district or section 60.624(1)
if in an I-2 zoning district.
(3) There shall be no open burning of any
material and no fire hazazds shall exist on
the premises. The use of cutting torches,
furnaces and other equipment which pro-
duce a flame shall not be construed to
constitute open burning,
(4) The premises shall be maintained in a
clean and orderly condition &ee of rats and
other vermin and free of standing water.
No oil, grease, petroleum products or other
harmful, hazazdous or nosious liquid shall
be allowed to run off the property or absorb
into the ground.
(5) Noise levels shall not exceed the limits set
forth in Chapter 293 of this Legislative
Code.
(6) Weeds and grass on the premises shall be
maintained in accordance with Chapter 45
of this Legisiative Code.
(7) No material used in the business shall rest
on or protrude on any public property or be
permitted to be blown off the premises.
(8) No activity required by this chapter to be
licensed shall be conducted any place ex-
cept upon the premises described in a li-
cense, other than necessary transport of
materiais to or from licensed premises.
(Ord. No. 17787, § 1, 11-15-90; C.F. No. 94-539, §
5, 5-18-94)
Supp. No. 34 2169
�l
§ 405.06
LEGISLATIVE CODE
Sec. 408.06. Record keeping.
(a) Tr¢ns¢ctions for which records required to
be maintained. Licensees shall maintain records
on the premises for at least one (1) year for the
following transactions:
(1) Purchoses from minors. Purchases of all
materials, eacluding beverage containers
and paper products, from persons under
age of eighteen (18). In addition, each lic-
ensee shall obtain written consent of a
pazent or guazdian of the minor before
purchasing any materials for which records
of purchases aze required. The written con-
sents shall also be maintained by the lic-
ensee for one (1) yeaz.
(2) Purch¢ses over two hundred doll¢rs
($200.00J. Purchases of all materials, ex-
cluding beverage containers and paper prod-
ucts, for an amount of two hundred dollazs
($200.00) or more from any person.
(b) Inform¢tion recorded. Records for materiais
purchased shail be made at the time of the
purchase and shall provide an accurate account or
description ofthe materials purchased. Each record
shall be cleariy and legibly written in the English
language and shall include the amount paid, the
date and time of the receipt, the seller's identifi-
cation including the seller's name and address.
Records shall be open to inspection at all reason-
able times by the inspector or designee or any
member of the police department.
(c) Restrictiorz on selling or removinggoods ¢nd
materi¢Zs purchased. If probable cause eusts that
specific goods or materiats are stolen contraband
or have been used in the commission of a crime
and a representative of the police department
notifies the licensee of such, the licensee shall not
sell or permit to be sold, remove or permit to be
removed, such goods and materials until such
time as may be determined by the chief of police
or his or her representative, provided that such
time shall in no case exceed the period of ninety
(90) days from the time of notification.
(Ord. No. 17787, § 1, 11-15-90; C.F. No. 94-539, §
6, 5-18-94)
Sec. 408.07. License not transferable.
Licenses issued hereunder shall not be trans-
ferable.
(Ord. No. 17787, § 1, 11-15-90; C.F. No. 94-539, §
7, 5-18-94)
Sec. 408.08. Renewal; transition provisions.
(a) Renewal. Any person to whom an initial
license has been issued may obtain the annual
renewal of the license by filing with the inspector
an application which specifies any changes in the
in£ormation submitted with the initial application
and the annuai license fee. The inspector shall
process the application in the manner specified in
section 408.04 and the council shall consider the
application in the manner specified in section
310.04.
(b) �ansition prouisions. Applications for re-
newal by persons holding a_license under the
provisions of Chapters 408 or 420, as of the
effective date of this ordinance [Ordinance No.
17787, as amended by C.F. No. 94-539], with
respect only to eicisting premises, shall be treated
as a renewal rather than an initial license; pro-
vided, that the persons agree to abide by the
terms of this chapter within ninety (90) days from
the expiration of the original license.
(c) Adaerse ¢ction. The council may take ad-
verse action on any lieense in accordance with the
procedures set forth in Chapter 310.
(Ord. No. 17787, § 1, 11-15-90; C.F. No. 94-539, §
8, 5-18-94)
Chapter 409. Intofficating Liquor*
Sec. 409.01. License required; catering ap-
proval.
(a) No person shall sell intoxicating liquor for
consumption at any time or place in Saint Paul
without a license.
(b) No person holding a catering permit issued
by the State of Minnesota who does not have an
appropriate on-sale liquor license issued by the
City of Saint Paul shall sell intoxicating liquor at
any time or place in Saint Paul without first
obtaining the required temporary liquor license
as prescribed in this chapter. In addition, the
holder of a state catering permit who wishes to
obtain a temporary liquor license in the City of
*Cross references--For general provisions pertaining to
liquor and beer, see 15t1e XXIV; noaintoxicating malt liquor,
Ch. 410; nse of beer and into�cating liquor in drive-in motion
picture theatres prohibited, § 416.06(b).
Supp. No. 34 217�
o t-q�
§ 310.04
LEGISLATIVE CODE
forth in section 310.05. If the director is
recommending issuance of the license, but
the affected neighborhood organization(s)
or other interested persons give notice
within thirty (30) days of receipt of notice
of the existence of the application (or
within forty-five (45) days if the applica-
tion involves a liquor License) of objection
to issuance of the license, the matter shall
be referred for a hearing before the legis-
lative hearing officer, who shall give no-
tice of the time, place and date of the
hearing to the affected neighborhood or-
ganization(s) and the applicant. The leg-
islative hearing officer shall take testi-
mony from all interested persons and shall
make a recommendation to the council as
to whether the matter should be referred
for a hearing before an independent hear-
ing exazniner in accordance with the pro-
cedures set forth in section 310.05. Where
the application for the grant, issuance or
renewal of a Class N license meets all the
requuements of law, and where there
exists no ground for adverse action, the
director shall issue such lieense in accor-
dance with law.
(2) Renew¢Z. The director shall in writing
notify the counciI, and the affected neigh-
borhood organization(s) established for cit-
izen participation purposes, at least svcty
(60) days before the expiration date of all
Class N licenses. A public hearing on the
renewal of any such license shall not be
held except on the request of a
councilmember, which request shall be
incorporated in the form of a council res-
olution. Upon the passage of such resolu-
tion, the director shall give cvritten notice
of such hearing to the affected neighbor-
hood organizations. Such public hearing
does not replace or amend any of the
procedures set forth in section 310.05 of
the Legislative Code. If no request for a
public hearing is made before the expira-
tion of any such license, and where there
exists no ground for adverse action, the
director shall issue the license in accor-
dance with law.
(e) Appeal; Class R or Class T licenses. An
appeal to the city council may be taken by any
person aggrieved by the grant, issuanee or re-
newal of a Class R or Class T license; provided,
however, that the appeal shall have been filed
with the city clerk within thirty (30) days after
the action by the director. The only grounds for
appeal shall be that there has been an error of law
in the grant, issuance or renewal of the license.
The appeal shall be in writing and shall set forth
in particulaz the alleged errors of law. The council
shall conduct a hearing on the appeai within
thirty (30) days of the date of filing and shall
notify the licensee and the appellant at least ten
(10) days prior to the hearing date. The proce-
dures set forth in seetion 310.05, insofar as is
practicable, shall apply to this hearing. Following
the hearing, the council may affirm or remand the
matter to the inspector or director, or may reverse
or place conditions upon the license based on the
council's deterniination that the decision was based
on an error of law. The filing of an appeal shall not
stay the issuance of the license.
(� No w¢iver by renew¢Z. The renewal of any
license, whether Class R, T or N, shall not be
deemed to be a waiver of any past violations or of
any grounds for imposition of adverse action
against such license.
(Code 1956, § 510.04„Ord. No. 17455, § 1, 5-21-87;
Ord. No. 17551, § 1, 4-19-88; C.F. No. 94-500, § 1,
7-6-94; C.F. No. 95-473, § 3, 5-31-95; C.F. No.
95-1517, 1-31-96; C.F. No. 97-1446, § 1, 12-30-97;
C.F. No. 99-500, § 2, 7-7-99)
Sec. 310.05. Hearing procedures.
(a) Adverse ¢ction; notice ¢nd hearing require-
ments. In any case where the council may or
intends to consider any adverse action, including
the revocation or suspension of a license, the
imposition of conditions upon a license, or the
en' �' �application for the grant, issuance or
renewal of a license, or the disapproval of a
license issued by the State of Minnesota, the
applicant or licensee shall be given notice and an
opportunity to be heard as provided herein. The
council may consider such adverse actions when
recommended by the inspector, by the director, by
Supp. No. 41 2034
o!-qe
LICENSES
the director of any egecutive department estab-
lished pursuant to Chapter 9 of the Charter, by
the city attorney or on its own initiative.
(b) Notice. In each such case where adverse
action is or will be considered by the council, the
applicant or licensee shall have been notified in
writing that adverse action may be taken against
the license or application, and that he or she is
entitled to a heazing before action is taken by the
councff. The notice shall be served or maiied a
reasonable tune beFore the hearing date, and
shall state the place, date and time of the hearing_
The notice shall state the issues involved or
grounds upon which the adverse action may be
sought or based. The council may request that
such writtea notice be prepared and served or
mailed by the inspector or 6y the city attorney.
(c) Hearing. Where there is no dispute as to
the facts underlying the violation or as to the facts
establishing mitigating or aggravating circum-
stances, the hearing shatl be held before the
council. Otherwise the hearing shall be conducted
before a hearing examiner appointed by the coun-
cil or retained by contract with the city for that
purpase. The applicant or the licensee shall be
provided an opportnnity to present evidence and
argument as well as meet adverse testimony or
evidence by reasonable cross and
rebuttal evidence. The hearing examiner may in
its discretion permit other interested persons the
opportunity to present testimony or evidence or
otherwise participate in such hearing.
(c-1) Procedure; h¢¢ring examiner. The hear-
ing examiner shall heaz all evidence as may be
presented on behalf of the city and the appiicant
or licensee, and shali present to the council writ-
ten findings of fact and conclusions of law, to-
gether with a recommendation for adverse action.
The council shall consider the evidence con-
tained in the record, the hearing examiner's rec-
ommended findings of fact and conclusions, and
shall not consider any factual testimony not pre-
viously submitted to and considered by the hear
ing examiner. After receipt of the hearing
examiner's findings, conclusions, and recommen-
dations, the council shall provide the applicant or
licensee an opportunity to present oral or written
az'guments alleging error on the part of the exam-
§ 310.05
iner in the application of the law or interpretation
of the facts, and to present azgument related to
the recommended adverse action. Upon conclu-
sion of that hearing, and after considering the
record, the examiner's findings and recommenda-
tions, together with such additional arguments
presented at the hearing, the council sha11 deter
mine what, if any, adverse action shalt be taken,
whieh action shall be by resolution. The council
may accept, reject or modify the findings, conclu-
sions and recommendations of the hearing exam-
iner.
(c-2) Ex parte contacts. If a license matter has
been scheduled for an adverse hearing, council
members shall not discuss the license matter with
each other or with any of the parties or interested
persons involved in the matter unless such dis-
cussion occurs on the record during the hearings
of the matter or during the council's fmal deliber-
ations of the matter. No interested person shall,
with knowledge that a license matter has been
scheduled for adverse hearing, convey or attempt
to convey, orally or in writing, any information,
az'gnment or opinion about the matter, or any
issue in the matter, to a council member or his or
her staff until the council has taken finai action
on the matter; provided, however, that nothing
herein shall prevent an inquiry or communica-
tions regarding status, scheduling or procedures
concerning a license matter. An interested person,
for the purpose of this pazagraph, shall mean and
inc3ude a person who is an officer or employee of
the licensee which is the subject of the scheduied
adverse hearing, or a person who has a financial
interest in such licensee.
(d) Licensee or ¢pplicarzt m¢y be represented.
The licensee or applicant may represent himself
or choose to be represented by another.
(e) Record,� evidence. The hearing exazniner
shall receive and keep a record of such proceed-
ings, including testimony and e�ibits, and shall
receive and give weight to evidence, including
hearsay evidence, which possesses probative value
commonly accepted by reasonable and prudent
persons in the conduct of their affairs.
(fl Counczl action, resolution to cont¢in fznd-
ings. Where the council takes adverse action with
respect to a license, licensee or applicant for a
Supp. No. 41
2035
§ 310.05
LEGISLATIVE CODE
license, the resolution by which such action is
taken shall contain its findings and determina-
tion, including the imposition of conditions, if any.
The council may adopt all or part of the findings,
conclusions and recommendations of the hearing
examiner, and incorporate the same in its resolu-
tion taking the adverse action.
(g) Additional prceedures where required. Where
the provisions of any statute or ordinance require
additional notice or hearing procedures, such pro-
visions shall be complied with and shall super-
sede inconsistent provisions of these chapters.
This shall include, without limitation by reason of
this specific reference, Minnesota Statutes, Chap-
ter 364 and Minnesota Statutes, Section 340A.415.
(h) Discretion to he¢r notwitlzstanding witlz-
dr¢w¢l or surrender of ¢pplic¢tion or license. The
council may, at its discretion, conduct a hearing or
direct that a hearing be held regarding revocation
or denial of a license, notwithstanding that the
applicant or licensee has attempted or purported
to withdraw or surrender said license or appiica-
tion, if the attempted withdrawal or surrender
took place after the applicant or licensee had been
notified of the hearing and potential adverse
action.
(i) Continu¢nces. Where a hearing for the pur-
pose of considering revocation or suspension of a
license or other disciplinary action involving a
license has been scheduled before the council, a
continuation of the hearing may be granted by the
council president or by the council at the request
of the licensee, license applicant, an interested
person or an attorney representing the foregoing,
upon a showing of good cause by the party making
the request.
(j) If the council imposes an adverse action as
defined in section 310.01 above, a generic notice of
such action shall be prepared by the license
inspector and posted by the licensee so as to be
visible to the public during the effective period of
the adverse action. The licensee shall be respon-
sible for taking reasonable steps to make sure the
notice remains posted on the front door of the
licensed premises, and failure to take such rea-
sonable precautions may be grounds for further
adverse action.
(k) Imposition of costs. The council may im-
pose upon any licensee or license applicant some
or all of the costs of a contested hearing before an
independent hearing egaminez The costs of a
contested hearing include, but are not limited to,
the cost of the administrative law judge or inde-
pendent hearing egaminer, stenographic and re-
cording costs, copying costs, city staff and attor-
ney time for which adequate records have been
kept, rental ofrooms and equipment necessary for
the hearing, and the cost of expert witnesses. The
council may impose all or part of such costs in any
given case if (i) the position, claim or defense of
the licensee or applicant was frivolous, arbitrary
or capricious, made in bad faith, or made for the
purpose of delay or harassment; (ii) the nature of
the violation was serious, or involved violence or
the threat of violence by the licensee or employees
thereof, or involved the sale of drugs by the
licensee oz employees thereof, and/or the circum-
stances under which the violation occurred were
aggravated and serious; (iii) the violation created
a serious danger to the public health, safety or
welfare; (iv) the violation involved unreasonable
risk of harm to vulnerable persons, or to persons
for whose safety the licensee or applicant is or
was responsible; (v) the applicant or licensee was
sufficiently in control of the situation and there-
fore could have reasonably avoided the violation,
such as but not limited to, the nonpayment of a
required fee or the failure to renew required
insurance policies;(vi)the violation is covered by
the matrix in section 409.26 of the Legislative
Code; or (vii) the violation involved the sale of
cigazettes to a minor.
(1) Imposition of fines. The council may impose
a fine upon any licensee or license applicant as an
adverse license action. A fine may be in such
amount as the council deems reasonable and
appropriate, having in mind the regulatory and
enforcement purposes embodied in the particular
licensing ordinance. A fine may be in addition to
or in lieu of other adverse action in the sole
discretion of the council. To the extent any other
provision of the Legislative Code provides for the
imposition of a fine, both provisions shall be read
Supp. No. 41 2036
01-q�
o �-q
LICENSES
together to the extent possible; provided, how-
ever, that in the case of any conft�� or inconsis-
tency, the other provision shall be controlling.
(Code 195fi, § 510.05; Ord. No. 17551, § 2, 4-19-88;
Ord. No. 17559, §§ 1, 2, 5-17-Sg; prd. No. 17659,
§ 1, 6-13-89; Ord. No. I7911, § 1, 3-10-92; C.F. No.
94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94;
C.F. No. 941340, § 2, 10-19-94; C.F. No. 95-473, §
4, 5-31-95)
Sec. 320.06. Revocation; suspension; adverse
actions; imposition of condi-
tions.
(a) Council m¢y t¢ke ¢dverse ¢ction. The coun-
cil is authorized to take adverse action, as defined
in section 310.01 above, against any or all licenses
or permits, licensee or applicant for a license, as
provided in and by these chapters. Adverse ac-
tions against entertainment licenses issued under
Chapter 411 of the Legislative Code may be
initiated for the reasons set forth in subsection (b)
below, or upon any lawful grounds which aze
communicated to the license holder in writing
prior to the hearing before the counci2. Such
actions shall be initiated and carried out in accor-
dance with the procedures outlined in section
310.05; provided, however, that the formal notice
of hearing sha11 be used to initiate the adverse
action without the use of prior procedural steps.
(b) B¢sis for ¢ction. Such adverse action may
be based on one (1) or more of the following
reasons, which aze in addition to any other reason
specifically providecTby law or in these chapters:
(1) The license or permit was procured by
misrepresentation ofmaterialfacts,fraud,
deceit or bad faith.
(2) The applicant or one acting in his or her
behalf made orai or written misstate-
ments or misrepresentations of material
facts in or accompanying the application.
(3) The license was issued in violation of any
of the provisions of the Zoning Code, or
the premises which aze licensed or which
are to be licensed do not comply with
appTicable health, housing, fire, zoning
and building codes and regulations.
§ 310.06
(4) The license or pernut was issued in viola-
tion of law, without authority, or under a
material mistake of fact.
(5) The licensee or applicant has failed to
comply with any condition set forth in the
license, or set forth in the resolution grant-
ing or renewing the license.
(6) a.
�
(7)
(8)
(9)
The licensee or applicant (or any
person whose conduct may by law be
imputed to the licensee or applicant)
has violated, or performed any act
which is a violation of, any of the
provisions of these chapters or of any
statute, ordinance or regulation rea-
sonably related to the licensed activ-
ity, regardless of whether criminal
charges have or have not been
brought in connection therewith;
The licensee or applicant has heen
convicted of a crime that may dis-
qualify said applicant from hoiding
the license in question under the
standards and procedures in Minne-
sota Statutes Chapter 364; or
�� The licensee or applicant (or any
person whose conduct may by law be
iuiputed to the licensee or applicant)
has engaged in or permitted a pat-
tern or practice of conduct of failure
to comply with laws reasonabiy re-
lated to the licensed activity or from
which an inference of lack of fitness
or good character may be drawn.
The activities of the licensee in the li-
censed activity created or have created a
serious danger to the public health, safety
or welfaze, or the licensee performs or has
performed his or her work or activity in
an unsafe manner.
The licensed business, or the way in which
such business is operated, maintains or
permits conditions that unreasonably an-
noy, injure or endanger the safety, health,
morals, comfort or repose of any consider-
able number of inembers of the public.
Failure to keep sidewalks or pedestrian
ways reasonably free of snow and ice as
required under Chapter 114 of the Saint
Paul Legislative Code.
Supp. No. 41 2037
Dl-9'�
§ 330.06
LEGLSLATIVE CODE
(10) The licensee or applicant has shocvn by
past misconduct or unfair acts or deal-
ings: physical abuse, assaults or violent
actions done to others, including, but not
limited to, actions meeting the definition
of criminal seaual conduct pursuant to
Minnesota Statutes Sections 609.342
through 609.3451; sexual abuse, physical
abuse or maltreatment of a child as de-
fined in Minnesota Statutes Section
626.556, subdivisions 2 and 10e, includ-
ing, but not limited to, acts which consti-
tute a violation of Minnesota Statutes
Sections 609.02, subdivision 10; 609.321
through 609.3451; or 617246; neglect or
endangerment of a child as defined in
Minnesota Statutes Section 626.557,sub-
division 2; the manufacture, distribution,
sale, gift, delivery, transportation, ex-
change or barter of a controlled substance
as defined in Minnesota Statutes Chapter
152; the possession of a controlled suh-
stance as defined in Minnesota Statutes
Chapter 152 in such quantities or under
circumstances giving rise to a reasonable
inference that the possession was for the
purpose of sale or distribution to others;
or by the abuse of alcohol or other drugs,
that such licensee or applicant is not a
person of the good moral character or
fitness required to engage in a licensed
activity, business or profession.
(il) The licensee or applicant has materially
changed or permitted a material change
in the design, construction or configura-
tion of the licensed premises without the
�, prior approvai of the city council in the
case of Class N licenses, the director in
the case of Class T licenses, and the
inspector in the case of Class R licenses,
or without first having obtained the proper
building permits from the city.
(12) The licensee or applicant has violated
section 294.01 of the Legislative Code, or
has made or attempted to make a prohib-
ited ex parte contact with a council mem-
ber as provided in section 310.05(c-2) of
the Legislative Code.
The terms "licensee" or "applicant" for the pur-
pose of this section shall mean and include anv
person who has any interest, whether as a holder
of more than five (5) percent of the stock of a
corporation, as a partner, or othercvise, in the
premises or in the business or activity which are
licensed or proposed to be licensed.
wth respect to any license for activities entitled
to the protection of the First Amendment, notcvith-
standing the foregoing provisions, neither the
lack of good moral character or fitness of the
licensee or applicant nor the content of the pro-
tected speech or matter shall be the basis for
adverse action against the license or application.
(c) Imposition of re¢son¢ble conditions and /or
restrictions. When a reasonable basis is found to
impose reasonable conditions and/or restrictions
upon a license issued or heid under these chap-
ters, any one (1) or more such reasonable condi-
tions and/or restrictions may be imposed upon
such license for the purpose of promoting public
health, safety and welfare, of advancing the pub-
lic peace and the elimination of conditions or
actions that constitute a nuisance or a detriment
to the peaceful enjoyment of urban life, or promot-
ing security and safety in neazby neighborhoods.
Such reasonable conditions and/or restrictions
may include or pertain to, but aze not limited to:
(1) A limitation on the hours of operation of
the licensed business or establishment, or
on particular types of activities conducted
in or on said business or establishment;
(2) A limitation or restriction as to the loca-
tion within the licensed business or estab-
lishment where particulaz type of activi-
ties may be conducted;
(3) A limitation as to the means of ingress or
egress from the licensed establishment or
its parking lot or immediately adjacent
area;
(4) A requirement to provide off-street park-
ing in excess of other requirements of law;
(5) A limitation on the manner and means of
advertising the operation or merchandise
of the licensed establishment;
(6) Any other reasonable condition or restric-
tion limiting the operation of the licensed
business or establishment to ensure that
Supp. No. 41 2038
���ql
LICENSES
the business or establishment will harma
nize with the chazacter of the azea in
which it is located, or to prevent the
development or continuation of a nui-
sance.
The inspector may impose such conditions on
Class R licenses with the consent of the license
holder, or may recommend the imposition of such
conditions as an adverse action against the li-
cense or licenses; the inspector has the same
power with respect to Class T licenses. The coun-
cil may impose such conditions on Class N li-
censes with the consent of the license holder, or
upon any class of license as an adverse action
against the license or licenses following notice
and hearing as may be required. Such conditions
may be imposed on a license or licenses upon
issuance or renewal thereof, or upon and as part
o£any adverse action against a license or licenses,
including suspension. Conditions imposed on a
license or licenses shall remain on such licenses
when renewed and shall continue thereafter until
removed by the councii in the case of conditions
on Class N licenses or conditions imposed by
adverse action, and by the inspector in the case of
Class R and T licenses.
(d) St¢nd¢rds for multiple license determina-
tion. In any case in which the council is autho-
rized to take adverse action against less than all
of the licenses held by a licensee; or applied for by
an applicant, the following standards may be
used:
(1) The nature and gravity of the grounds
found by the council to exist upon which
the adverse action would be based;
(2) The policy and/or regulatory goals for the
particular &censes involved, either as em-
bodied in the Legislative Code or as found
and determined by the council;
(3) The interrelationship of the licenses and
their relative importance to the overall
business enterprise of the licensee or ap-
plicant;
(4) The management practices of the licensee
or applicant with respect to each of such
licenses;
§ 310.07
(5) The eatent to which adverse action against
less than all of the licenses or applications
would result in difficulty in enforcing and
monitoring the adverse action taken;
(6) The hazdship to the licensee or applicant
that would be caused by applying adverse
action to all licenses or applications; and
(7) The hardship and/or danger to the public,
or to the public health and welfaze, that
would result from adverse action against
less than all of the licenses or applica-
tions.
(Code 1956, § 510.06; Ord. No. 17584, § 1, 8-25-88;
Ord. No. 17657, § 15, 6-8-89; Ord. No. 17659, § 2,
6-13-89; Ord. No. 17901, §§ 2, 3, 1-14-92; Ord. No.
17917, §§ 2, 3, 3-31-92; Ord. No. 17922, § 1,
4-28-92; C.F. No. 94-500, § 3, 7-6-94; C.F. No.
94-1340, § 3, 10-19-94; C.F. No. 95-473, § 5,
5-31-95; C.F. No. 99-500, § 3, 7-7-99)
Sec. 310.07. Termination of licenses; surety
bonds;insurance contracts.
(a) Autom¢tic termin¢tion, reinst¢tement; re-
sponsibility of Iicensee. All licenses or permits
which must, by the provisions of these chapters or
other ordinances or laws, be accompanied by the
filing and maintenance of insurance policies, de-
posits, guarantees, bonds or certifications shall
automaticaliy terminate on cancellation or with-
drawal of said policies, deposits, bonds or certifi-
cations. No licensee may continue to operate or
perForm the licensed activity after such termina-
tion. The licensee is liable and responsi6le for the
filing and maintenance of such policies, deposits,
guazantees, bonds or certifications as are re-
quired in these chapters, and shall not be entitled
to assert the acts or omissions of agents, brokers,
employees, attorneys or any other persons as a
defense or justification for failure to comply with
such filing and maintenance requirements. In the
event the licensee reinstates and files such poli-
cies, deposits, bonds or certifications �vithin thirty
(30) days, the license is automatically reinstated
on the same terms and conditions, and for the
same period as originally issued. After thirty (30)
days, the applicant must reapply for a renewal of
his license as though it were an original applica-
tion.
Supp. No. 41 2038.1
�
ol-gl
District Five Planning Council:
Opposition to Granting Class N
License to GB Core Inc.
Prepared by:
Bruce Sylvester of District 5 Planning Council and
Lawrence (Troy) Trooien of Railroad Island Implementation Task Force
for presentation before the Administrative Law Judge on October 12, 2000
Table of Contents
di-ql
1.Olntroduction----------------------------------- 1
2.0 Exampies, Arguments and Citations of City Code - - - - - - - - - - - - - - - - 1
2.1 Pattern of Failure to Compiy with Laws - - - - - - - - - - - - - - - - - - 1
2.1.1 Ignoring Instructions from LIEP to Discontinue Operations ---- 1
2.1.2 Operating for Ten Years Wiffiout a Business License ------ 2
2.1.3 Ten Years Without a Hazardous Waste Generator License --- 3
2.1.4 Village of Howard versus Glen Berhow - - - - - - - - - - - - - 3
2.1.5 BuildingWithoutaPermit - - - - - - - - - - - - - - - - - - - - 4
22 BuildingWithoutaPermit - - - - - - - - - - - - - - - - - - - - - - - - 5
2.3 Careless and i(lega( Handfing of Hazardous Wastes - - - - - - - - - - - 6
2.3.1 Failure to Comply with License Condition - - - - - - - - - - - - 6
2.3.2 Danger to the Public Health, Safety or Weifare --------- 6
2.3.3 Examples----------------------------6
2.3.4.1 "Oii-Dri" and Fluorescent Lamps in the Dumpster ---- 6
2.3.5.2 NumerousOilSpilfs- - - - - - - - - - - - - - - - - - - 7
2.3.6.3 Irresponsibie Storage of Oil Drums - - - - - - - - - - - 7
2.3.7.4 Oil Spilis at Pierce-Butler Route Location -------- 7
2,4 Pattern of Bad Faith and Dishonesty - - - - - - - - - - - - - - - - - - - 8
2.4.1 Misrepresented Need for Buiiding Permit - - - - - - - - - - - - 8
2.4.2 Berhow Offers Fictitious Figures During the Legislafive Hearing - 8
2.4.3 Unwiliing To Address Issues - - - - - - - - - - - - - - - - - -10
2.4.4 Only Applies for Licenses When He Is Forced to Do So -----10
2.4.5 Mid Northern Electric vs. GB Core - - - - - - - - - - - - - - - -10
2.4.6 Various Other Small Claims - - - - - - - - - - - - - - - - - - -11
3 . 0 C o n c I u s i o n s - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 7 2
Conventions followed in this document.
Three text styies are used in this document. They signify the following:
• this text is the body of the narrative
• times new roman is used to signify that the text is a direct citation from the City Code or
another legai document (bold text added for emphasis, ... si�nifies some part of text was
left out)
•(Text that appears in italics and within parenthesis are references to documenfs in
the `600k of evidence" that accompanies this documenf. Section numbers refer to
the tabs in thaf book.)
District Five Planning Council: Opposition to Granting Class N License to GB Core Inc. /
of�9
1.0 Introduction
We oppose the granting of a Class N license for the operation of a recycling collection
center to Glen E. Berhow dba GB Core Inc. for the foliowing reasons, all of which we
believe are grounds for denial under Section 310.06 of the City Code:
GB Core has demonstrated a pattern of non-compliance with the regulations that
concern his business. He has operated in St. Paul for approximately 10 years
without a business license, and without a Hazardous Waste Generator License.
He has also defied the regulatory process in the Viliage of Howard (Wisconsin),
where his business is based.
• GB Core has shown a pattern of careless and illegal handling of hazardous waste.
• GB Core has carried out several building projects without a building permit.
• Glen Berhow has demonstrated a pattern of dishonesty and bad faith.
2.0 Examples, Arguments and Citations of City Code
2.1 Pattern of Failure to Comply with Laws
Under Section 310.06 (b) (6) c., where the City Code is listing acceptabie reasons for
"adverse actions", which we understand to include denial of a license, is this statement:
(b) (6) c. The licensee or applicant (or any person whose conduct may by law be imputed to
the licensee or applicant) has engaged in or permitted a pattern or practice of conduct of
failure to comply with laws reasonably related to the licensed activity or from which an
inference of lack of fitness or good character may be drawn.
We have several examples of actions taken by Mr. Berhow and his employees at 500
Bush Ave. and other locations to which we believe this part of the law could be appiied:
2.1.1 Ignoring Instructions from LIEP to Discontinue Operations
Mr. Berhow's first contacts with the regulatory agencies of the City of St. Paul, relating to
500 Bush Ave., occurred in December of 1999. That contact was initiated by complaints
to the City, not by GB Core Inc. The substance of the contact was:
• a face-to-face conversation between Lawrence Zangs (of LIEP) and GB Core Inc.
foreman Fred Gonzalez, at 500 Bush, (November 30, 1999) 5�� Ser t: o.. 3
• a telephone conversation between Zangs and Glen Berhow (December 2, 1999) _
Se� �cc}�o;., '�
• two letters from Zangs to Berhow (December 2 and 10, 1999), and
��� sec-�; � �S
• one letter from Berhow to Zangs. (December 3, 1999) 5�� 5�c�-i o;; �
District Five Planning Council: Opposition to Graniing Class N License to GB Core Inc. D � r � /
As a result of these contacts, Berhow agreed to appiy for a business license. Mr. Zangs
made it quite clear in both of his letters that GB Core Inc. was not to start business oper-
ations at 500 Bush until the required license issues had been resoived.
Because today's (October 12, 2000) hearing is part of the licensing approval process, it
is obvious that as of this date GB Core Inc. does not have the required business license.
In spite of the fact that they have no license, and contrary to Zangs' instructions, GB
Core Inc. is operating at 500 Bush. That GB Core Inc. is indeed operating is known for
two reasons:
• Berhow stated so at the August 17, 2000 Legisiative Hearing. (See Section 1,
page 2, paragraph 6, and Section 1, page 3, paragraph 6.)
• Photographs, ail taken during the summer of 2000, show the business of engine
recycling collection taking place. (See Section 4.)
Therefore, we contend that Berhow's refusal to follow Zangs' very clear instructions is a
failure to comply with the laws relating to the business for which a license is being
sought. His refusal to comply with the law is grounds for denial.
2.1.2 Operating for Ten Years Without a Business License
GB Core has been operating for approximately 10 years in the City of St. Paui and at no
time during that period did it have the required business license. Failure to get the
required license is, in our reading of the City Code, a"failure to comply with laws reason-
abiy related to the licensed activity". To do so for ten consecutive years is a pattern.
We know that GB Core has been operating in St. Paul since 1990 because
Mr.Berhow toid us so at the Legislative Hearing of August 17, 2000. (See Section
1, page 2, paragraph 5.)
• We know that he has no license for two reasons:
- He first applied for a license on January 3, 2000. (See Section 5.)� � � 9 e3 �
- In a phone conversation with Christine Schweinler of LIEP we were told that
no business license has been issued to GB Core Inc. at 500 Bush Ave or at
either of the two earlier locations from which it operated.
- GB Core Inc. operated at 193 East Pennsylvania Ave. from 1990 to1996.
(We found this address on a core supplier's web page. See Section 6.)
- GB Core Inc. operated at 893 Pierce-Butier Route from 1996 to 1999.
(Berhow revealed his connection to this address at the 7-17-2000 Legisla-
tive Hearing. See Section 1, page 2, paragraph 5.)
District Five Planning Councii: Opposition to Granting Class N License to GB Core Inc.
at�ql
2.1.3 Operating for 10 Years Without a Hazardous Waste Generator License
GB Core has been operating for approximately 10 years in the City of St. Paul and at no
time during that period did it have the required Hazardous Waste Generator License.
Failure to get the required permit is, in our reading of the City Code, a"failure to comply
with iaws reasonably reiated to tfie (icensed activity". To do so for ten consecutive years
is a pattern.
We know that GB Core has been operating in St. Paul since 1990 because
Mr.Berhow told us so at the Legislative Hearing of Rugust 17, 2000. (See Section
1, page 2, paragraph 5.)
We know that he has no license because he first appiied for a license on i 5 Sep-
tember 2000. (See Section 7.)
• We also know that he has not had a license before because he has no EPA oper-
ating number, as of October 6, 2000. (See Section 7.) �, z�
2.1.4 Village of Noward versus Glen Berhow
On May 20, 1999 the Village of Howard, Wisconsin, filed a compiaint against Gien Ber-
how and G8 Core Inc. at the Circuit Court of Brown County Wisconsin. (See Section 2.)
Here are some excerpts from that complaint:
7. That on or about December 2I, 1998 the defendant Glen Berhow made an application for
conditional use approval to allow a salvage yard to be ]ocated at 2014 Glendale Avenue, Village
of Aoward, Wisconsin...
8. Following a public hearing by the Village of Howard Plan Commission on January 18, 1999
the Plan Commission made Findings and Recommendation for denial of this request...
9. On January 25, 1999 the Village Board of the Viliage of Howard denied the conditional use...
10. Soon thereafter, in spite of the denial of a conditional use permit, the defendant transported or
had transported to its premises approximateIy ten (10) trucks which were dismantled and scrap
materials therefrom includin� but not limited to metals and vehicle parts were stored in an
unenclosed area. In addition, the defendanYs conducted an outside smelting operation on the
premises for processing metals and other salvage materials from the motor vehicles and said
operation constitutes a junk or salvage yard within the meaning of Section 17.02(84) of the
Zoning Code for the Village of Howard.
26. That after repeated demands by Village Officials and State Officials the defendants
have failed and refused to obtain necessary plan approvals, permits and complete the
necessary work to comply with the State Laws and the Village of Howard Buiiding Code.
27. That the defendant's alteration and continued use and operation of Yhe building at 2014
Glendale Avenue while the building fails to meet and comply with Orders from the State of
Wisconsin Department of Commerce and the Village of Howard Building Code without an
Discrict Five P7anning Courtcil: Opposition to Granting Ciass N License to GB Core Ina O!� /
L
occupancy certifcate for the baildin� constitutes an untawful buildin�, structures and uses
pursuant to Section 14.07 of the Building Code and further represents a continuous and
ongoing violation of the Village of Howard Building Code.
WHEREFORE, the Plaintiff, ViIlage of Howazd, requests judgment a�ainst the defendants.....
(See Section 2 for the fufl copy of the compfaint.)
We feel that the behaviors and actions attributed to Mr. Berhow in this compiaint further
establish the pattern of "failure to comply with laws reasonabiy related to the licensed
activity." This case also demonstrates a disturbing contempt for the legal processes and
ought to be seen as an indicator of the problems and expenses that are likely to accrue
to the City of St. Paul if Glen Berhow is allowed to operate in our community.
2.1.5 Building Without a Permit
The law requires that building permits be acquired for construction. Failure to get the
required buifding permits is a vio(ation of the law. (n Section 2.2, which follows immedi-
ately, we describe several examples of construction at 500 Bush Ave. that were carried
out without a building permit. For the moment we contend simply that construction with-
out a permit is unlawful, that GB Core Inc. undertook at least 5 construction projects with-
out a permit, and that this behavior is a further exampie of Mr. Berhow's pattern of failure
to comply with the law.
Conclusion
The five examples above, 2.1.1 through 2.1.5, demonstrate that ihe City Council is justi-
fied in denying a license to GB Core Inc. under Section 310.06 (b) (6) c. of the City Code.
District Five Planning Council: Opposition to Granting Class N License to GB Core Inc. O/_� /
6
2.2 Building Without a Permit
We are aware of several exampies of construction being undertaken by GB Core at 500
Bush Ave. According to Section 310.06 (b) (11) of the City Code, changes to the
licensed premises without first having obtained the proper building permits from the City
are grounds for denial of a license.
(11) The licensee or applicant has materially changed or permitted a material change in the
design, construction or wnfiguration of the licensed premises without the prior approval of
the city council in the case of Class N licenses, the director in the case of Class T licenses,
and the inspector in the case of Class li licenses, or without first having obtained the proper
building permits from the city.
We are aware of several bui(ding projects:
• We know that the approach to the loading dock on Bush Ave. was excavated and
paved with concrete. (See photos in Section 8.)
• We know that window and door openings were made (and in one case, closed),
because;
- they are visible from outside the building (See photos in Section 8.)
- and because Mr. Berhow admitted to the activity at the August 17, 2000 Legis-
lative Hearing. (See Section 1, page 2, paragraph 7.)
We understand that work on the office area, inside the building, has taken place
because we were toid so by Christine Schweinler of L(EP. �s� ��< �, �„-� a-8, ���e -`' � l ��
• We suspect that furnace work has taken place because a furnace stood outside
the building for several days this past summer and oid furnace duct work was put
into the scrap metal dumpster. (See Section 8.)
• We are certain that substantiai changes to internal masonry structures was under-
taken because:
- neighbors witnessed signs of such work (a weekend of jack hammering, dust
blowing out a window, dumpsters filled will masonry).
- Mr. Berhow admitted to removing walis in his statement at the August 17 Leg-
islative Hearing. (See Section 1, page 2, paragraph 7.)
We understand that a buiiding permit had not been issued when ihis work was taking
place for these reasons:
• Mr. Berhow told us so at the August 17 Legislative Hearing. (See Section 1, page
3, paragraph 4.)
A building permit was finally sought on September 15, 2000, significantly after fhe
work described above had been started or finished. (See Section 2-7.)
We also argue that the fact that a building permit was eventually issued is, in and of itseif,
evidence that a buiiding permit was required.
District Five Planning Council: Oppasition to Granting Class N License to GB Core Ina �/_ fi7 /
� �
2.3 Careless and Illegal Handling of Hazardous Wastes
Observations at GB Core Inc.'s current operation at 500 Bush Ave indicate a pattern of
careless handling of hazardous wastes. We feei that such behavior is grovnds for denial
of the license under two provisions of the City Code.
2.3.1 Failure to Comply with a Proposed and Accepted License Conditiort
One of the conditions that LIEP has proposed for attachment to the license is conform-
ance to Ramsey County's rules and regulations for hazardous wastes. The iilegal dis-
posal that has been observed at 500 Bush is a violation of the law and the licensing
conditions, and ought to be considered grounds for denial.
310.06(b)(5) The licensee or applicant has failed to comply with any condition set forth in
the license, or set forth in the resoltttion granting or renewing the license.
Exampies are cited below, in Section 2.3.3.
2.3.2 Danger to the Public Health, Safety or Weifare
We contend that the instances cited below constitute a serious potential danger to the
pubiic and under section 310.06(b)(7) can be considered grounds for deniai of the
license.
(7) The activities of the licensee in the Iicensed activity created or have created a serious
danger to the public health, safety or welfare, or the licensee performs or has performed his
or her work or activity in an unsafe manner.
2.3.3 Examples
"Oil-Dri" and Fluorescent Lamps in the Dumpster
"Oil-Dri" is a trade name for a product that is used to soak up oil that has been spilled. It
is very much like cat litter. Our understanding is that once oil-dri has been used to soak
up crank case oil, the oil-dri must be treated with the same care that is required for crank
case oil. Fire Department inspector Sherry Wings mentioned this in an inspection report
from September 21, 1999. (See Section 2-4, point 7.)
It is illegai to put used motor oil in the trash. (See the Ramsey County web page print out
in Section 2-3.) ( PayZ �! � �
Fluorescent light tubes contain mercury and the disposal of such tubes is controlled by
law. It is illegal to put them in the trash. (See the Ramsey County web page print out in
Section2-3.) (�p�,�, ��>
District Five Planning Council: Opposition to Grenting Class N License to GB Core Inc. Q��^�
��
During ihe summer of 2000, oil-soaked Oil-Dri and broken fluorescent tubes were
observed in the trash dumpster at 500 Bush Ave. (See the photos in Section 2-2.)
We contend that such disposal is;
• iflegal under Ramsey County regulations, that
• it is Berhow's responsi6ility to be aware of such regulafions and to make sure thaf
his employees are aware of and comply with such regulations, that
• GB Core Inc.'s faiiure to d'+spose of these hazardous materials in a legal way is a
violation of County Rules and therefore a violation of a proposed and accepted
condition of the license and as such,
• is grounds for denial of the license under Section 310.06(b)(7} of the City Code.
Numerous Oil Spills
There is evidence of several oil spilis at 500 Bush Ave, a�l of which were observed during
the summer of 2000. We contend that the number of spilis are so great that they should
be characterized, not as accidental spills but rather as careless handling of hazardous
waste. (See fhe photos in Section 2-2.)
Irresponsible Storage of Oit Drums
On two occasions during the summer of 2000 neighbors have observed drums of used
motor oil standing outside of the building at 500 Bush. (See the phofos in Section 2-2.)
We see two serious concerns:
• The condition of the drums (oil pooled on top, oii running down the side, standing
on oil-soaked cardboard and on an oi!-soaked pallet) reveals work methods that
are not consistent with carefu( hand(ing of the oi(.
Leaving these barrels out of doors over night is an irresponsible act because mis-
chievous persons could turn them over.
Therefore, we contend that GB Core Inc.'s storage of oil drums, at least on these two
occasions, are exampies of careless handling of hazardous wastes.
Oil Spills by GB Core lnc. at Pierce-Butler Route Location
GB Core's careless handling of oiI is not a recent development. According to a fire
inspection carried out by Sherry Wings September 21, 1999 similar conditions prevailed
at GB Core's previous location at 893 Pierce-Butler Route. (See Section 2-4, points 7
and 14.)
} ` District Flve Planrting Councii: Opposition io Granting Class N License to GB Core Inc. Q I,�l�
� �
2.4 Paitern of Bad Faith and Dishonesty
We contend that our dealings with Glen Berhow have revealed a pattern of dishonesty of
such a serious degree that we believe it demonstrates that he is "not a person of the
good moral characfer or fitness required to engage in a ficensed activify, business or pro-
fession:' Mr. Berhow has, in our opinion, shown that he will lie whenever it seems useful,
and that he wiii comply with fhe law only if and when he is forced to do so.
310.06(b)(10) The...applicant has shown by past misconduct, or unfair acts or deal-
ings...that such licensee or applicant is not a person of the good moral character or fitness
required to engage in a licensed activity, business or profession.
2.4.t Misrepresented Need for Building Permit
At the August 17, 2000 Legislative Hearing Mr. Berhow stated that it was his understand-
ing that he did not need building permits for the work he was doing. However, our local
building inspector Jim West sent a letter on July 13, 2000, one month before the August
17, 2000 Legislative Hearing, informing Berhow that he did need a building permit. 8oth
the letters from Mr. Zangs (December 3 and 10, 1999) aferted Berhow to the need to
compiy with building codes. Furthermore, it is common knowledge that building permits
are required for nearly al( construcfion. We feei that fair minded people can and shou(d
conclude that Glen Berhow was lying when he told the hearing officer that it was his
understanding that no building permit was needed.
(See Section 2-5 for West's letter and Section 3 for Zangs' letters.)
2.4.2 Berhow Offers Fictitious Figures puring the Legislative Hearing
At the August 17, 2000 Legislative Hearing, Mr. Berhow testified that the engines arriving
at his operation at 500 Bush Ave. are nearly completely free of fluids. He stated that only
0.05% of the fluids normally found in an engine are present when they are detivered to
GB Core lnc. (See Section i, page 3, paragraph 3.) A simple exercise in arithmetic
demonstrates that this figure is preposterous. The foflowing chart shows the number of
engines that wouid be required to produce the quantities of oi! (4 drums, 220 gallons)
fhaf have aiready been observed at 500 Bush, if the engines arrive wifh only 0.05% of
fluids remaining.
District Five Planning Council: Opposition to Granting Class N License to GB Core Inc.
Eng. Capacity (quarts)
mulfip(y by .0005
Engines/quart
Engines/gallon
Engines! drum
Engines/4 drums
0.002
500
2,000
110,000
440,000
0.003
333
1,333
73,333
293,333
8
0.004
250
1,000
55,000
220,000
bl-q�
If Berhow's testimony is correct then he wouid need to process 440,000 engines with a
capacity of 4 quarts in order to accumulate the four barrels of oil observed outside his
business at 500 Bush Ave. Berhow has already testified that he has only a minimal oper-
ation. (See Secfion i, page 3, paragraph 6.)The figure (0.05%} does not agree with the
scale of operation that he claims, nor does it agree with the scale that has been
observed. The figure must be wrong. Either the engines arrive with much more oil in
them or GB Core Inc. has processed hundreds of thousands of engines at 500 Bush.
They have clearly not processed hundreds of thousands of engines. Therefore, the
amount of oil remaining in each engine must be far greater than 8erhow states,
Let us offer an expianation. The engines arrive with their crank cases full ot oil, 4 quarts
in most engines. The photos of the engine unloading process support this possibility.
(See Section 4.) Notice the trails of dripping oil on the pavement.) If this is the case,
only 200 engines would be needed to produce 4 barrels of oil. Two hundred engines are
consistent with the scale of operation that neighbors have observed at 500 Bush Ave.
Let us further speculate that Mr. Berhow feels a need to minimize the amount of hazard-
ous waste that his business produces. He had a motive to do so, of course, because he
wanted to promote the myth that he needed no Hazardous Waste Generator License.
Our explanation of the preposterous numbers is this. Feeling himself cornered at the
August 17, 2000 Legislative Hearing, Berhow simply fabricated a small number (0.05%)
in order to buttress the idea that he produces little or no waste. This interpretation is con-
sistent with anofher commenf from the hearing; "They (we] have four barrels, but fhey
[we] won't collect four barrels of fluids over a year's time." (See Section 1, page 3, para-
graph 3.) If the engines arrive with only 0.05% of fluids remaining it wou�d take many
years!
We contend that Glen Berhow has, in this instance, fabricated "facts", that he will con-
tinue to do so, and that he has not been honest in his dealings with the licensing authori-
ties. We conciude that he is "not a person of the good moral character or fitness required
to engage in a licensed activity...", and as such should be denied a license under Sec-
tion 310.06(b)(10) of the City Code.
Oistnct Five Planning Council: Opposition to Granting Ciass N License to GB Core inc. O/_� �
�
2.4.3 Unwiiling To Address Issues
Mr. Berhow's lack of credibility is exposed in the transcript of the August 17, 2000 Legis-
lative Hearing. When chailenged to explain the un-licensed operation, the illegai dis-
posa! of hazardous waste and buiiding withoui a permii, he chose instead to change the
subject. He preferred to tell the hearing officer that the building at 500 Bush was run
down, that it was going to look very nice when he was finished, and that his inventory is
computerized, that he bubble wraps, prioritizes and palletizes his product.
We are troubled by Mr. Berhow's retuctance to give direct and honest answers to the
central questions. It is clear that Berhow must evade discussion of certain matters
because such discussion wiil demonstrate that he has acted outside fhe law. We feel
that Berhow's evasiveness shows that he is "not a person of the good moral character or
fitness required to engage in a licensed activity....", and should be denied a license under
Section 310.06(b)(10) of the City Code.
2.4.4 Only Applies for Licenses When He Is Forced to Do So
Mr. Berhow's method of dealing with licenses seems clear. He will operate without them
if he can and he wiil get them only when he is forced to do so,
Berhow made his application for a business license on January 3 ot 2000, but only
after his empfoyees were discovered cufting up delivery trucks in November of
i 999 at 500 Bush Ave. (See Section � for the documentation.) As we have
shown, Berhow operated in the City of St. Pau! for 10 years without a business
license.
• Berhow applied tor a building permit in Sepiember of 2000, months after he was
informed about the requirement by (nspector Jim West, weeks affer he told fhe
August 17, 2000 Legislative Hearing he did not require one, and after Jim West's
letter ot 6 September 2000 which warned of legal action. (See Section 2-5.) (�a�e `��
• Berhow applied for a Ramsey County Hazardous Waste Generator License on
September 15, 2000, but only in response to a visit to 500 Bush Ave. by Mike
Cimaglio of Ramsey County. (See Secfion 7.) Berhow operated for 10 years
without a Hazardous Waste Generator License.
It seems fair to conclude that Mr. Berhow wou(d never have applied for the business
license, the waste generator license or the building permit if he had not been faced with
legal problems. We interpret this as contempt for the law and feel he "is not a person of
the good moral character or fitness required to engage in a licensed acfivity" and as such
can be denied a license under Section 310.06(b)(10) of the City Code.
2.4.5 Mid Northern Electric vs. GB Core
On September 3, 1999 Mid-Northern Electric Company filed a cfaim in conciliation court
in St. Paul in an attempt to get paid for $4200. in services performed for Glen Berhow
�o
' � Disfict Five Alaoning Council: Opposilion to Graniing Class N License fo GB Core )nc.
0�-9 f
and GB Core Inc. at 893 Pierce-Butler Route. According to Dennis L Wo(fe, president of
Mid-Northern Electric, Berhow offered to settle the account for $500. Berhow told Wolte
that since he (Berhow) lived out of state, Wolf wouid have little or no possibility of collect-
ing through the courts. Wo(fe decided nof to settie. The matter was referred to District
Court and there is currentiy a Writ of Attachment for the arrest of the president of G8
Core Inc. Unfortunately the writ erroneously names Glenn Core, not Glen Serhow, as
the person to be arrested.
We contend that Glen Berhow's behavior in this case constitutes a"past...unfair acY' and
under the provisions of Section 310.06(b)(10) of the City Code ihe City Counci! is justi-
fied in denying a license to GB Core Inc.
� � ' k: r)
�Se� S�ci�o,� L- � :or ctcc .,�r��?s iv. . .
,
2.4.6 Various Other Small Claims
A visit to the Wisconsin Circuit Court Access web page reveals that Glen E. 8erhow has
several other small claims filed against him. We do not know what role these records
may or may not play in this process, but we do know this:
5ome of the items seem to deal with matters that may reflect on Mr. Berhow's
character and his past dealings, and as such may appiy to Section 310.06(b}(i0}
of the Ciry Code.
• City Code states that the Cify Council may not consider information that was not
presented at this hearing.
For these two reasons we are including the listings from the Wisconsin Circuit Court
Access data base.
{ r
C - 5G� Mrr�Slr?.�� l(� ��C� ��`�� C�
3- (�n� �a�n�ee� - ��
1'I
� t � District Rve Planning Council: Opposition to Granting Class N License to GB Core Inc.
� �'q1
3.0 Conclusions
Because we were not able to afford legal representation, we had no choice bui to gather
this information and present it without the assistance of a lawyer. We respectfully
requesf fhe Administrative Law Judge to be understanding and accommodating in those
instances where our lack of legal expertise may have affected the process.
We feel that the materials and testimony we have provided show that Gfen Berhow is not
fit to operate in our community. We believe that the information is sufficient to overcome
the legal hurdles that the City of St. Paul must satisfy in order to deny Mr. Berhow's appli-
cation for a business license.
12
�, �♦ District Fve Planning Council: Opposition to G2nting Class N License to GB Core Inc.
0�-9�
Book of Evidence; Contents
Section Contents
1 Minutes of the Legislative Hearing of August 17, 2000
2 Complaint: Village of Howard vs. Glen Berhow and GB Core
3
4
5
6
7
8
2-1
2-2
2-3
2-4
2-5
2-6
2-7
2-8
Letters: Zangs to Berhow and Berhow to Zangs
Photos showing operations at 500 Bush Ave.
Application for business license.
Web page of core suppiiers
Application for hazardous waste generator license
Photos of construction projects
legal documents from Mid-Northern Electric vs. GB Core Inc.
Photos of hazardous waste
Ramsey county web page on hazardous waste
Fire safety inspection report, 893 Pierce Butier, Sept. 21, 1999
Letters from building inspector Jim West to Berhow
City Code, Sections 310.05 and 310.06
building permit
other letters
Separate Document: Wisconsin Circuit Court Access data base, records for Glen Ber-
how
13
06/27/O1 18:40 FA%
SEP-61-2000 11=55 City of Saint Paul
� oi
651 266 �74 P.02/BS
d 1
D9TNL7I'ES OF THE LECsISLATSVE HEARING
� (3B CORE, 7NC., S00 Bt� Aveaue
ThuzsdaY, August 2?, 2Q00
Room 330 Courthouse
GenY Suathmea, Legisfarive Hearing dfficer
STAFF PRESENT: Corinne Asunoion, Lieense, Ix�speetiaxss, EQVimnmentat Protection (,r.TRP),
7ohn Hardw'scty LIEP .
Themecting wav ca32� to orderat 2:�5 p,m.
�
GanY gtr�ri"^'^ �� this hearing is being held to heaz objections to the Iicense epplication far
CsB Core, Iac. aY S00 Bush Aveaue.
Corinae Asuncion ie�mrted tivs application is for a Recycliug ColIection Cencer Lioause.
I�ans £oz enviroamental heahb, fire, lioensing, and wning have all bcea approved. L1EP is
recommendiag sPPiaval af the &cense with tfie five conditions Listed below. which have been
signed by fIu applicant:
1) The co3leetion sud processing of perts for shigment shall be conducted inside the building.
2) The business o��fion at t6is lioensed paemise shall aot be in the *nA*+++�r of an auto
salvage use. '
3) e shai! be no exterior starage.
hand3inS sad sioraSe of vehicle Yl�ds, batteries, eEC. shall tx in accordance with the
RsmseY CountY Ha�ardaus Waste Regulfttions.
5) The dranpster must be stpred on the pmperty and not in the aLey, s�ee� or on the pvbiic
side.walk.
Ms. Asuncion s�ted she would like to add oae more condition becavse this bv-ri��Q is within
500 feet of residential properry. Tkis condition has not beea signed by t6c sPPlicant:
� The b»e+++�s houis of operation shall be from 7:00 am. to 7:60 p,m.
Atvice Sylvester, I3istrict 5 Planning Couneii, appeared snd stazed 6e aeut a lettar dated jviay 26
o�nl'^'n�o their conc�tns. The strongest case ha has;s tfie first concern. 1) Severay City staff
members have told him it is illegal to opatate in Saint Petil prior to being issued a license. This
is talcen directly from Ci1y code. 2) There has becn iilegal dispasa! of bszardous materials: oiI
aad fluoresccm bulbs an being thrown iurto a dumpster. 3) �me work laas been doae on the
buildivg withutrt permits- This is an industrie7ly zoixed site that is adjaceot to a resldentially
mnea azea. a> En¢��P ana auto parts ate freguenay lefr ovtsiae of the buila;ng.
A fina! point, ststed i�r. Sylvester, that is not mentioned in his letter is cansavction
debris-cnished oSnder blocks-scaitered on the public strect and alley outside the business. This
cen be a problem far tires. The pianning cauncil met once with the managcr on sita. Tlu�ough
those comersatians and because of th� conoems of the neighbors, the planaiug counci! voted tn
uot suppoit the Iicense.
�
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06/27/O1 18:40 FA%
SEP-01-2000 11-56 City of Saint Paul 651 �66 8574
L$CTISLATNE HEARII�'Cr i�[7 tE3, CiB CORE, 500 BIJSH AYENLTE, &-17-00
- , r �.
�1-91
Pags 2
Tr4y Tmoien, 766 Burr Street, aPPGared and stated he objects w tHis &cense being issued
because of th.� he Las se� at 500 Bush A'venue. The peoRle aperating this business seem to
have wnfiempt for the environmenk laws, and regulations. {Mr_ Tmn�en P� P���P�
to Mr. Strat�man ix�dicating wfiere petrokvm produets had been spilIed. These photo�xaphers
wece also ahown to dte own�.)
Mt. Suathman asked why He pres�anes there is consfructian u3thout permits_ Mr. Tmoien
�P�ded he hss not seen penaits posted. Kristiae Schweinter (LIEP} was at the site,
established there was ao permit, and to2d them to etvp whsLever they vi�ere doing.
Autuasu 1999, sfsted Mr. Traoien, there was e Iot of activity aL 500 Bi;sh Avenue. He pneyames
that is when GH Core maved in. A lot of hvcks and activey appe� ��e gp�g of 2UOt1.
The 7ask Fpme was cpncerned about t�g noiae, and 3wurs of operation. lV2r, Trooien is
mostly #rpubisd by the pollut#on. Oi2 on the gcound will be there for a lon� t4rue. Also, Mr.
Tmoien received a call from Gten Berhow.
Mr. Strathman asked is it thea percEption that the way this busEness is being opuatcd is
disdnb9ng the neighborhood or that it will in the future dismrb the neighboihood, Mr, Trooien
respzmded he has seen some things that ate disturbiag to him. Ths alley was paved tast swnmer
and re-oiled a Scw weeks ago. Trucks with heavy loads and heavy euy.'aeq are deshnying the
allcy, w�ch is nof as bad as dumping, but sLill a concem Txaffiq noise, and bTockin� tBe road
are noi a pmblem because they are ehe wst of doing bus;n�s.
Glea Berhow, owner and presfdeat, and Jim 'i'arosh, attorney. aPPearea Mr. Berhow stated GB
� Core. Inc., is a Wisconsi.n besed corporation. They have a large opecation in Green BaY,
Wisconsiu where Yhere is a 40,ODU square foot building and 4 aeres of fenced yard. Everytheng is
done inside the building as ii will be done in Saint PauE_ The bvsiness t�as been in existepce
since 1487. They have leased a bnilding in Saint paul since ] 990. There was an operation on
Pennsylvania Aventse for ehout six yeazs. 'They lessed a buiIding az 893 Pierce Butler Route for
t� Y� w�� �pired ia October 1999.
]vlr. Berhow went on to say they are a growing company and were looldog at better 6usiness
decisioas aad decided to purchase a building at S00 Bush Avenne. It was p�xrchased on a land
conhaet de:il. Whtxt He firat lookod at the building, it was a mess, and thece wcre a Iot of Fegal
issues that werc defaulted oa. The buiiding was rented befoze it was pucchased in 7une, at which
Eime CiB Co�re took ownership. 'fhey have 6een cieaning it up. 7'he building has been us�d in a
minimai working operatian. t38 Core supplies useci eagines rmd campoaents to production
engine sebuilders acsoss th� Unitsd States. The optration in Sairrt Paul is a satellite operation:
a11 tbat is doae hcre is purchasit�g,
Mr. Berhow had a comersation with Troy Tzooien and tried to exp2ain ffie operation to Lim, Mr_
Berhow hss gone to the ex�r.mc cnd in trying to make this a t�eighborhood operation, but it wi11
��AP� o�� 1�use there ls too much work io do an the building. Ail he is doing with
the buiIding is cleaning it up, takmg down old walls thst arc already hatf kxwcked do
�
•
O6/27/O1 18:40 FA%
SEP-01-2080 11:56
G[ty of Saint Paul
f�j 03
651 266 �74 P.04i05
DI-�/
L�GISLATIVE �iG h�III�iUTE5, GB CORE, 500 B[35H AvENLTE, 8-17-00 Pagc 3
windows t1�at wetc 6oardecl ug �ooxs ibat axc not fun�tioneble. The fire marshai has been at the
buiPclmg mnrnhiY•
N3r. Straxhnxaa stated he is caaccrned ebovt the alle�tions of hs�tOUS mataials. Mr. Berhaw
responded that is nat acc�u�. Sheme Wings from ti� F'ue Dep�nent has bean these et least
ten timcs ;n the last few moaths. 'I'hey have dane all the things A�f s. Wivgs asked them to do.
7�is buiiding ptc�'iousiy looked so t�ad that it was a dumpiag gtound for matttessea. t�res, etc-
Their uaste management bmc has bean p� inside the huiFding because dumping is still e
pmblam.
r1
LJ
What are they doing witb ihe fluids frvm �9nes, eskcd 11�. Strathman. Mr_ Berhof zespon8ed
they hsve specially made 6enches. These engiaes are loaded onto a truck and axe sold ta t'iB
Care. ?hece mighc be .OS% of fluids from 100 engines; the amo�mt is that m�nsm�• 'I�t littte
bit is drained into a container as requested bY Ms. Wings. She �3so re4uested that the barsels
,�sed arE put un spxia3 pallets. They have four barrels, but they won't colleet four baxrols of
�1uic3s over a yeaz's time. Everyone lras tushed m conclusians. This lnrilding is under review by
the �tm departrttetrt and by the DNR (Dapac�aent ofNaturttl Resources).
Mr. Stra�An asked about the elaim that there was construction without gecmits. (Mr. S�how
explained Same of thc photogcaphs frntn Mr. Trooien) Mr. Berhow stated he talked to somnone
in LIfiP, explained wHat theY ace doing, and tt�at they were remnving thin�a from the buiiding.
I�e was toid by a ropresentrrtive from LT&P that as tong as things ara pta�exin+s, n�o and pre-framed,
he is not reqaired to have a permit becsuse theY are not changing anYthing.
Mr. Strathman asked atwut the add�tional conditlon rega�ing the hours. Mr. Berhof responded
the employees are usualty done by 4:00 p.m. 7:D0 wauid nevex he a probtem.
Mr. 'Ikooien asked is nc� bvsiaoss reeycling angiaes- Mr. Barhof responded theY have done a
minimal amowrt with the engincs or whataver.
Mr. Tiooien stated t�e counted five d�mmpsD�s af stuff goinQ oui He does aot think this is a tiny
opo�ation. Mr. Berhof responded GB Core is aot a t7ny operation: the s. �the 1 �have $?50,000 in
month. Those aze appioved rec�+eling bins. These are not jwdc en�ine " Y
iuvcaf�ory_ 'Whenthis business is xunning, theY maY be doing 5250,OOQ a weelc in purchases.
They run a clean op�ratioa in Green Bay, and it will be ao diffcre�R ia Saiat Paul. GB Core does
not look like an engine cac broker piace. Bveryt�iaff is shrink �PP�• PnOn��
computerized, atld on racidag.
He doos not think Mr. iierho£is tellin8 the 4uth, stated Mt.'Trooiece. The picKwes are takea from
a s�c moirth period. Ha has se� a pattern of sioppiness outside GB Ccm. 'I'here is x serious
operation going oa. Mr. Trooien is aat coacerned that they are compiRerized nor that ffiey do a
good business in Grccn Bay. Ratfier, fle is eoncemed abouE pofiution hc has seea eveeS'day for
� p� � a�orn3�s. ivir. Bcrhof is rxot addxessing this and it speaks m his veracity.
•
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06/27/O1 18:40 FA%
SEP-01-�00 11�52
City of Saint Pau3
f(IJ 04
65i 2G6 8574 P.05/85
d f
LEGI3LATIVE HEARIi�IG MINrtJTES, GB CORE, Sl}D BUSii AVENL3E, 8-17-OQ Page 4
Mr. Sylvester ststod the bvsinass has acknowledged thcY are alxeaziY aPe�nB> which is a
violation of City code. The fact thst they are operating without a licease speaks valumes abaut
how they arc gaiag to mana�e thoir busiaess ta the benef i af Saint PauL He t�ed Mr.
Stcathmaa W take this iato considctalion
Mr. Berl�nf slaocd the atinimum amou� t�cy are tioinS is the �ansition ftorm tbe othcr buiIdia6 m
this l�uildiag. Tl�esa 8mt1�Qn aze descr't6in� th3ugs #hat hsve hagpeued ia the past. CTB Core is
going to make this a nice operation.
Mr. Stiadvna� statet4 he is tcovbled that GB Core is opecatiug wichout a licanse. Uafort�mauLY.
ttns happea�s witi� di.stw'binS �b`���3' ��e City. Operating'witho� a license is not in and of
itself a basis for denying a lice�se. 'Ihc coucern of the �ighbors is svbstantial, however, there is
a licrnse condition that tho businea% will ]�andlZ fluids applicable to CountY Tegulatioas. NL'•
Strathman does no4 see a basis for denying this licease.
Gerry Strathman ra�rnnmended approvat of this li � BPP� � B�hof � six cond�Uons as
fisted on PaSe 1- These conditions bave been aPP� Y
The mecting was adjotuncd at 2:38 p.m.
xzn
C J
TQTRL P.05
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f '/'�� r���
��-2i
�
STATE OF WISCONSIN
I• � '
I: ' _ �1.
BROWN COUNTY
� , t* ,:��; "``��`�.
a Wisconsin municipal corporation
2456 Glendale Avenue
P.O. Box 12207
Green Bay, Wisconsin, 54307-2207,
Plaintiff,
�
'�w;
" �� ��
2014 Glendale Avenue
Green Bay, Wisconsin 54304
,.�i c
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W..t �'. �i � .''� �..a. Y�RaYf16K`d9`IF
� I 1 � �.1
— '1 i � 1
Defendants.
COMPLAINT
CASE NO. 99 CV � S 7
Code No. 30704
� � E
y � ,. ��.:k � e« , y � �
h 2` ��fl +�P.r r `A �`4 (�`�
�:�E"
BROWN �COUNT Y y�y�
NOW COMES the plaintiff herein, the Village of Howazd, by its attorney, Dennis
M. Duffy, and as and for a Complaint against the above named defendants, respectfully alleging,
stating and showing to the Court as follows:
The Village of Howazd is a body cerporate aad politic, with the pewers »:.3
privileges of a municipal corporation at common law and as conferred by Wisconsin Statute and the
Village Hall is located 2456 Glendale Avenue, Green Bay, Wisconsin.
2. The defendant, Glen E. Berhow resides at 2530 Gemini Road, Green Bay,
�
Wisconsin, 54311; and ttus defendant owns real estate at 2014 Glendale Avenue in the Village of
Howard, Wisconsin which is legally described as follows:
��
;� �
� Lot 1 of Volume 24 Certified Survey Maps, Page 153, being part of Govemment Lot
3, Section 10, Township 24 North, Range 20 East, Village of Howazd, Brown
County, �sconsin, EXCEPTING TF�REFROM the following described premises:
Beginning at the Southeast corner of Lot 1, Volume 24 Certified Survey Maps, Page
153, Brown County Records; thence South 89° 19' 18" West, 50.00 feet along the
Northerly line of County Tiunk Highway ".P', also known as Glendale Avenue;
thence North 56° 14' 00" West, 109.94 feet to the Southwest comer of Volume 251
Deeds, Page 37, Brown County Records; thence South 83 ° 15' 17" East,150.00 feet
along the South line of said volume and page to the Westerly right-of-way of
Riverview Drive; thence South 10° 00' 19" West, 43.56 feet along said right-of-way
to the Southeast comer of Lot 1, Volume 24 Certified Survey Maps, Page 153,
Brown County Records, to the point of beginning.
ol
3. On information and belief, ffie defendant G.B. Core, Inc., a Wisconsin corporarion is
�
engaged in the business of purchasing automobiles far re-manufacturing automotive cores and auto
salvage storage, recycling and sales and this business is located at 2014 Glendale Avenue in the
Village of Howazd, Brown County, Wisconsin.
4. On information and belief, the defendant Glen E. Berhow is the principal shareholder
and owner of defendant G.B. Core, Inc., a Wisconsin corporation.
5. The pmperty locaied at 2014 Glendale Avenue in the Village of Howazd, Wisconsin, is
zoned General Industrial (I-1) wning classification and a junk and salvage business is a conditional
use within the General Industrial (I-i) zoning district, Section 17.12(3)(b) of Chapter 17, Village of
Howazd Zoning Code.
6. A junk or salvage yard is defined as follows in Section 17.02(84) of Chapter 17, Village
�
of Howard Zoning Code:
JUNK (SALVAGE YARD). An unenclosed azea where waste or
scrap materials are bought, sold, exchanged, stored, baled, packed,
disassembled or handied, inciuding, but not limited to, scrap iron and
other metais, paper, rags, tires and bottles. A`5unk yazd" or "satvage
yazd" includes an auto wrecking yazd, but does not include uses
�
. established entirely within enclosed buildings.
ol-R/
7. That on or about December 21, 1998 the defendant Glen Berhow made an application
for conditional use approval to allow a salvage yard to be located at 2014 Glendale Avenue, Village
of Howard, Wisconsin and a copy of that application is attached hereto and made part of this
Complaint as Exhibit A.
8. Following a public hearing by the Village of Howazd Plan Commission on the defendant
Glen E. Berhow's request for a conditional use on January 18, 1999 the Plan Commission made
Findings and Recommendation for denial of this request and a copy of the Plan Commission Staff
Report regarding action by the Village of Howazd Plan Commission is attached hereto and made part
of this Complaint as Exhibit B.
9. On 7anuary 25,1999 the Village Board of the Village af Howazd denied the conditional
• use for G.B. Core for a salvage yazd operation at 2014 Glendale Avenue, VH-353, in the Village of
Howard, Wisconsin.
10. Soon thereafter, in spite of the denial of a conditional use pernut, the defendant
transported or had hansported to its premises approximately ten (10) trucks which were dismantled
and scrap materials therefrom inciuding but not limited to metals, tires and velucle parts were stored
in an unenclosed area. In addilion, the defendant's conducted an outside smeiting operation on the
premises for processing metals and other salvage materials from the motor vehicles and said
operarion constitutes a junk or salvage yazd within the meaning of Section 17.02(84) of the Zoning
Code for the Village of Howard.
11. Sec. 62.23, Stats., defines the Village ofHoward's Zoning and enforcement authority.
• 12. The Zoning Ordinances for the Village of Howazd have been enacted pursuant to
3
_ � g/
� authority of Sec. 62.23, Stafs., wluch provides that "any ordinance, resolution or regulation enacted
or adopted under this section, shall be liberally construed in favor of ffie city." Sec. 62.23('�(a),
Stats.
13. The Village of Howard has the authority, pursuant to Sec. 62.23(7}(�2 and Sec.
62.23(8), Stats., to enforce the Zoning Ordinances it has established, which govern the uses to which
properry within its boundaries may be put.
14. Sec. 62.23(7)(�2 gives the Village of Howazd the authority to insritute appmpriate legal
action to prevent the unlawful use of land in violarion of any duly made ordinance, "to restrain,
correct or abate such violation," or "to prevent any illegal act, conduct, business or use in or about
such premises."
15. Sec. 62.23(8), Stats., give the Village of Howazd the authority, if "any land is or is
• proposed to be used in violation of this section or regularions adopted pursuant thereto" and "in
addirion to other remedies provided by law, [to] institute injunction, mandamus, abatement or any
other appropriate action or proceeding to prevent or enjoin or abate or remove such unlawful
erection, construction or reconstruction."
COUNTI
[ENGAGING IN A CONDTI'ION AL USE WITHOUT A PER7�iiT]
16. Plainriff repeats and realleges all preceding allegations.
17. That attached to this Complaint and made part hereof is Eachibit C as though fully set
forth in the Complaint is a Noncompliance Norice issued by the Village of Howazd Department of
Code Administration to the defendant Glen E. Berhow dated Mazch 17, 1999 which sets forth all of
• the violations for the property located at 2014 Glendale Avenue in the Village of Howazd, including
4
r- �`' { /
• but not limited to allegations pertaining to review of remodeling plans by the State Depariment of
Commerce, submittal of a Parldng Site Plan, salvage, storage, and screening of salvage and storage
violations and continued salvage yazd operations.
18. Ttiat after repeated demands by Village Officials the defendants have failed and refused
to cease salvage yard operarions and the storage of salvage materials in an unenclosed area at the
premises at 2014 Glendale Avenue.
19. A permit is required before any party is allowed to conduct a conditional use and the
defendant Glen E. Berhow's application for a conditional use permit to operate a junk yard or
salvage yazd has been denied.
20. The defendanYs current activity at its business preauses to-wit: the outside disassembly
of motor velucles and the unenclosed storage of salvage materials from said vehicles is in violation
• of the regulations established for the General Industrial zoning classificarion within which the
business is situated because it is not a permitted use and no conditional use permit has been issued.
21. The defendanYs activity thereFore constitutes an illegal use of the premises and a
continuing violation ofthe Village ofHoward Zoning Code and the Village ofHoward seeks to have
that activity enjoined.
COUIHT II
jOCCUPYING A BUILDING WITHOUT AN OCCi1PANCY CERTIFICATE]
22. Plaintiffrepeats and realleges all preceding allegations.
23. On information and belief, the defendant Glen E. Berhow in 1992 submitted Plans to
the State of Wisconsin for remodeling and improvements to the building located at 2014 Glendale
� Avenue in the Village of Howard, Wisconsin.
5
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• 24. That attached to 8us Complaint and made part hereof is Exhibit D as though fuI1y set
farth in the Complaint is a Noncompliance I3otice issued by the Village of Howazd Department of
Code Enforcement to the defendant Glen E. Berhow dated February 15, 1999 wluch sets forth all
ofthe violations for the property locateci at 2014 Glendale Avenue in the Village of Howazd inciuded
but not limited to allegations pertaining to review of remodeling plans by the State Department of
Commerce, submittal of a Pazldng Site Plan and occupancy of a portion of the building without an
occupancy certificate.
25. That attached to this Complaint and made part hereof is Buhibit E as though fully set
forth in the Complaint is correspondence from the Wisconsin Department of Commerce to the
defendants dated February 22, 1999 conceming Depazkment Enforcement Orders concerning
violarions at 2014 Glendale Avenue and a copy of an Inspecfion Report and Orders dated April 25,
. 1996 and October 12, 1994 are fiuther attached as Exlribit E.
26. That after repeated demands by Village Officials and State Officials the defendants
have failed and refused to obtain necessary plan apprnovals, permits and complete the necessary work
to comply with the State Laws and the Village of Howard Building Code.
27. That the defendant's alteration and continued use and operation of the building at 2014
Crlendale Avenue while the building fails to meet and comply with Orders from the State of
Wisconsin Department of Commerce and the Village of Howard Building Code without an
occupancy certificate for the building constitutes an unlawful building, structures and uses pursuant
to Section 14.07 of the Building Code and fiuther represents a continuous and ongoing violation of
the Village of Howard Building Code.
U
C�
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• VVfIEREFORE, the Plainriff, Village of Howazd, requests judgment against the
defendants as follows:
(a) Pursuant to Sec. 25.04 of the Village of Howard Municipal Code, judgment in the
amount of Five Hundred Dollars ($500.00) per day for each day of the foregoing violations of the
Village ofHoward Zoning Code and the Village of Howard Building Code.
(b) An Order enjouung the defendants from the continuing the unlawful use of the
premises to-wit: requiring the immediate removal of all junk and saivage materials including but not
limited to any and a11 motor vehicle parts, pieces and tires and other similaz types of material,
currently stored in an unenclosed area on the defendants' premises, permanently enjoining the
defendants from storing in an unenclosed azea on the premises any junk and salvage materials
� including but not limited to any and all motor vehicle parts, pieces and tires and other similaz types
of material currently stored in an unenclosed area of the defendants' premises.
(c) An Order requiring the defendants to comply with the Orders and correct those
violations from the State of Wisconsin Department of Commerce and the Village of Howazd
Building Code such that the building can be lawfully occupied and used and an Order enjoining the
defendants from continuing the unlawful use and occupancy of the buiiding at 2014 Glendale
Avenue until such time that the defendants have obtained an occupancy certificate for an authorized
use of the building from the Village of Aowazd Department of Code Enforcement.
� (d) For statutory costs and attomey fees; and
7
r
. �/-�!
• (e) For such other relief as the Court deems just and equitable given the
circumstances of this case.
Dated this � day of May, 1999.
�
716 Pine Street
• P.O. Box 4$8
Green Bay, WI 54305-0488
(414)432-4391
�
PETERSON, WIETING, CALEWARTS,
DUFFY & MAXWELL
Denifis M. Duffy
State Bar No. 101
[3
C �
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1 �1
STATE OF WISCONSIN
VII,LAGE OF HOWARD,
a Wisconsin municipal wzporarion
2456 Glendate Avenue
P.O. Box 12207
Green Bay, Wisconsin, 54307-2207,
BROWN COUNTY
i�UTt�tENT{CA'f'ED CQPY
FilED
JAN 1 1 2000
rlaintiff,
��
G.B. CORE, INC.
2014 Glendale Avenue
Green Bay, Wisconsin 54304
PAUL G. JANQUART
CLERK OF COURTS
BROWN CpUNTI; W1
CASE NO. 99 CV 657
Code No. 30704
m
u
GLEN E. BERHOW
2530 Gemini Road
Green Bay, Wisconsin 54311,
Defendants.
STIPULATION OF DISMISSAL
It is hereby stipulated by and between the plaintiff and the defendants herein, and their
respective attorneys, that the Court may enter the annexed Order forthwith, without a hearing, and
without further notice to either party.
Dated this 1 1 day of January, 2000.
WIETING, CALEWARTS,
& MAXWELL
Dennis I�f. Duffy, Atto
State Baz No. 1017895
•
METZLER & HAGER, S.C.
C l�-�,.�P .� �
Ronald F. Metzier, Attomey r Defendants
State Bar No. 1010044
CIRCUIT COURT
BRAI3CH 8
\ • '
�
vs.
t�l��l
STATE OF WISCONSIN
VII,LAGE OF HOWARD,
a Wisconsin municipal corporarion
2456 Glendale Avenue
P.O. Box 12207
Green Bay, Wisconsin, 54307-2207,
Plaintiff,
G.B. CORE, INC.
2014 Glendale Avenue
Green Bay, Wisconsin 54304
CIRCLTIT COURT
BRANCH 8
BROWN COUNTY
CASE NO. 99 CV 657
Code No. 30704
�
•
GLEN E. BERHOW
2530 Gemini Road
Green Bay, Wisconsin 54311,
Defendants.
��� '
Upon the annexed stipulation, and the CourC being fully advised in the premises,
IT IS ORDERED AS FOLLOWS:
•
1
2.
The Complaint is hereby dismissed without costs to either party.
The Aefendants, G.B. Core, Inc. and Glen E. Berhow, or anyone acting by, through or
on behalf of them including agents or employees of them and their heirs, successors and assigns, be
and they are hereby petpetually enjoined and restrained from and after January 11, 2000 from using
the property at 2014 Glendale Avenue, Village of Howard, Brown County, Wisconsin which is
legally described as Lot 1, Volume 24, Certified Survey Maps, Page 153 for any use or occupancy
that is contrary to the following:
. ��
. . o�-q/
�J
�
A.
B.
C.
D.
No stripping or disassembly of vehicles.
No outside storage of inoperable or unlicensed vehicles.
All outside storage of finished products shall be on pallets with shrink wrap,
on pallets, or in confainers.
IT IS FURTF�R ORDERED that on or before April l, 2000 the Defendants shall have:
No smelting or melting of inetal operations.
A. Completed ail improvements called for in the Wisconsin Depaztrnent of
Commerce Approved Plans for the building at 2014 Glendale Avenue,
Viliage of Ho��ard, Bro�vn Ceunty, Wiscor.sin; an3
B. Obtained an occupancy permit for the premises at 2014 Glendale Avenue,
Village of Howazd, Brown County, Wisconsin, from the Village of Howazd
Department of Code Enforcement.
.
�
Prior to the Village of Howard commencing Circuit Court proceedings to enforce the
provisions of this Order the Village shall give ten (1Q) days' nofice of any violation to the Defendant
Mr. Glen E. Berhow.
5. Any violation of the provisions of this Order shall also be construed as violations of the
Village ofHoward Murucipal Code and shall be subject to a forfeiture for each day a violation exists.
6. The Court will retain continuing jurisdiction for the purpose of compiiance with this
Order and any fiuther proceedings with regazd to contempt of Court, sanctions or forfeitures for any
violations of the provisions of this Order.
Dated at Green Bay, Wisconsin this �( day of January, 2000.
BY THE COURT:
_ /S/
onorabie William M. Atkinson
Circuit Court Judge
�
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� J
CITY OF SANT PAUL
b`orm Coleman, dfmjor
*`� 3L>s.a`��_m ��
Gfen Berhow
G.B. Corp., Inc.
2014 Glendale Ave.
P.O. Box 906
Green Bay Wi. 54305
OFFICE OF L(CE\SF, I\SPECTIO�S A�D
E�'ViRO�:�fEi1TAL PROTECTIO�
P.ober� Kessfrr, �i�rcm�
1�Q
LOiYR7"PROFESS(0.�:4L BL7LD1.�"G
Suire 300
350 St. Pr�er Street
Saint Paul, bfinnzso[a 5�l0?-I�lO
Te [epharse: 6� I-266-9090
Fotsimilr; 657-366-9099
651-266-9I21
s�E'�1
�Ys� -
� ,r{�l�E �' 1'Z
RE: 500 Bush Avenue - Existing Warehouse Building in (-1 (ndustrial Zoning District.
Mr. Berhow:
I received your letter, dated December 3rtl 1999, explaining the nature of your business
proposed for the property referenced above. 7his office understands, based on your
explanation, that you will be receiving engines, transmissions and catalytic converters at this
locaiion and that your business operation does not include the removal of the parts from a
vehicie (ie. auto salvage), but rather, the coilection of these salvage items. It is further our
understanding that the only processes perform on these parts, once received, are ensuring
they are drained of any fluids, invoicing the individual part and preparing it for shipment back to
your headquarters in Green Bay.
The operation, as you describe it, appears similar to a shippinglreceiving wholesale operat+on
Nihich is a permitted use in the I-1 industrial zoning district. The change in use from warehouse
to whofesaling does not require any additionaf off-street parking per the City's zoning
ordinance. Therefore, zoning has no objection to this proposed use provided you obtain a
business license for a Recycling Collection Center. i have enclosed the license appiication.
Please complete this application and return it along with the license fee of $i64. 00, to this
oFice. The processing time for this license request, because of notification requirements
mandated by city ordinance, can take between 45 to 60 days. You cannot start your business
until this license is issued. We will do what we can to expedite but we need you to complete
the application, to begin the process.
You will aiso need to satisfy any requirements of the State Building Code and Fire and Safety
Code for fhe proposed change in occupancy of the buiiding.
Caif ine with questions at 6511266-9083.
�, �.
+� ll{,��ZEyLC� (�
' Lawrence R. Zangs
Zoning Administration
SOCbus wpd
.,_�
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•
CITY OF S�T PAUL
No'm Coleman, Mayor
a�. - ` y Y; - ��� i .l4 "s ^;.Sa:{: �.
Glen Berhow
G.B. Corp., Inc. .
2014 Glendale Ave.
P.O. Box 906
Green Bay Wl. 54305
RE: 500 Bush Avenue
Mr. Berhow:
OFFICE OF LICENSE, NSPECTIONS A.v'D
E.WIROl^.SE��I'I'AL PROTECT[OY
RoberlKessler, Director /
�!
LOTYRYPROFESSIONdL BUILDI.VG
Sui1e 300
35D SL PeterSb'eet
SaintPaul, �Lfinnesota 55102-Ii10
Telephone: 651-266-9090
Facsimile: 65l-266-9099
651-266-9125
We had r a• u `� ��} he referenced property. 1 inspected the property on
Tuesday, ovember 30'". As I drove up to the property, I observed tfiree males in the process
of cutting up delivery vans. 1 spoke to a Fred Gonzafes who indicated he was the foreman on
the job. He stated that he worked for your company and explained that they were cutting up
these vehicles as part of a contract to saivage the metai and reusable parts. I explained to Mr.
Gonzales that this property is zoned I-1 industriai and auto salvage is not permitted in this
district. 1 did aliow him to compiete the salvaging operation of the vehicies observed on ihe site
but told him that once this was completed, no additional activity is allowed in the building or
surrounding property until the zoning, licensing and building re-certification issues are
resolved. i told him I would be back today to verify compiiance with my orders. .
Per our phone conversation today, you have exp{ained that what 4 observed on Tuesday was a
one time deal and that it wouid not be occurring on the property again. You further explained
that your regular business involves receiving used engine parts from various vendors. You
prepare these engines for shipment to your headquarters in Green Bay where they are resold.
I requested that you submit a written description of your business so that this office can
determine if the praposed use of the building complies with the zoning for the property. You
stated you would do that. Assuming the zoning issue can be resolved, it is anticipated that you
wili need a business license and wi11 need to satisfy building and fire safety code requirements.
Because of the notificafion requirements of our ordinance, the length of time to process a
license is approximately 45 days. You cannot operate your business until the license is issued.
I would urge you to get this letter to me as soon as possible so that we can expedite resolution
of this matter.
Call me with questions at 651/266-9083.
Lawrence R. Zangs
Zoning Administration
500bush.wpd
�
J
�
December 3, 1999
License Inspection Environmental Protection
Mr. Lawrence Zangs
350 St. Peter Street, Suite 300
St. Paul, MN 55102
Larry;
Per our phone conversation, I am enclosing this letter per your request.
�
Supplie� c `
Engines and Transmissior,�
for Remartufactu�inc
��
With the intent and purchase aa eement at 500 Bush Avenue in St. Paul, I would like to reiterate
the type of operation we have at G. B. Core, Inc. Xou have stated the zoning is I l, which
includes Warehousing, Industrial Mfg., and Recycling. We are in no way a salva�e operation. -
All of our products are engines, tran,missions, and cata(ytic converters. We buy these selectively
from a computerized-technicat 6uy guide, which we pub(ish monthly to our independent
suppliers. All we do at our warehouse is a check-in, inspection, and invoicina procedure. The
only toois we use are air compressors, air tools, and a forklift. The product is only soRed and
warehoused until we get a full trailer load, and then it is shipped back to our main operation in
Green Bay, WI.
We stock 6000 to 7000 ena nes here on a fully computerized system, and ship all across the U.S.
to very large engine re-manufacturing companies. We also export to many countries.
We, in no way, salva�e items. Everything is purchased selectively. Our average month in St.
Paul will consist of $100,000 plus in product purchases.
The Frito Lay truck deal was a one time deal, and as you will see, we run a very organized, clean,
and professional operation.
We've been in business for over 12 years, and have about 14 employees beriveen the 2 divisions.
Thank you for your attention and consideration. If you have any questions, please contact me at
1-800-456-8652.
Sincerely�
�CL�t��t���
Glen E. Berhow, President
G. B. Core, Inc.
.
P. S. We have completed the titlz insurance, Phase I study, and as of yesterday we do have the
occupancy permit.
`ER •
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' _ ��i..
ENGINERB6UItCIERS
i.
(920) 434-6820 Fax (920) 434-6821 1-800-456-8652 2014 Glendale Avenue P.O. Box 906 Green Bay, �^JI 54305
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CLASS N
LICENSE APPLTCATION
• THIS APPLICATION IS SUBJECT TO REVIE�V BY THE PUBLIC
PLEASE TYPE OR PRPIT IN IV'K
CITY OF SAIDIT PAUL
O:tice of License, Inspecdor.;
and Environmencal Protection
35) 5� Pav Sti Svnc J00
Svm Paui. W onezcn 5510?
(651)=66-9090 f.vi(6511=b6-9:_�
LICEISES ARE �iOT TRAitiSFER•:BLE
P�YbIENT �ILiST BE RECETVED �VITH EACH APPLIC9TI0\
Type of License(s) bein� applied for. �CLG l/ C� 1 KG� L!j t l �CC�I J"Yr � vt7Yt� 5 i�Q ��`�
—r
Projected date of opening __
CompanyNamz: LJ��3�
C
ZE
ora[ion Parmzrship / Solt Propriztorship
•
If business is incorpora[ed, give date of incorporation: I C 1 v�
BusinessDlame{DBA): � BusinzssPhonz:iv�� 17�1�3--��
Business Addrzss (business location): S� ��'� �� ��� ` �� � i rv�N S S� ��
S[rezt(R,Namz,Typz,Direction) Ciry Statz Zip—�
Benceen what cross streets is the business ]ocated'. �Vhic side o£ he street.
Ate the premises now occupizd? �� �Vhat Type of Bu GL��� SCl �I. �� G1,1 G�]� �
Mai] To Address (if different than businzss address): 1'i� ,'w X �� G{ �� �� ���'�
Strztt (K, Namz, Typz, Dirtction) Ciry Stare Zip-4
Applicant Information: l 1„ L ,� �v-' �V�?6 �1�
Name and Title: ���X �eS �� i'fi
Fvst � ,Yliddlz (b(aiden) Last T¢Iz
Homz Address: _ _Z �� �< t ( �/1 1 �Q('�� �
S[rezt (�, Name, Type, Direcnon) L Ciry Sta[ i 4
Datz of Birth: ( Z- IS — S� Place of Birth: ��� Ct �'1 �1'>Gt Home Phone: {�� ��� -���
Have you ever been convicted of any felony, crime or violation of any city ordinance other than naffic? YES _ NO X
Date of arrest:
Charge: _
Conviction:
List licenses �chich you currenfly hold, formedy held, or may have an inrerest in:
�,�,CO�ZE��ivC �� a C�isCatn��� I�G���I C�ti�
Ha�e any of the above named liceases ever been revoked'? YES X NO If yes, list the dates and reasons for revocation:
Ace ou � to operate this business personalty? YES NO If not, who will operate it? �S/I Gt d't Gt i� cy�
�'ecl �l'1 `�G��E' �
Firs; Namz htiddlz lnitiai (Maiden) Last Date of Bir,'n
Home Address�
CiJe�� Caw`�%i� ,�
Stree[ (m, Name, Typt, Direc[ion)
Arz you ¢oing to have a manager or assistant in this business?
opzrator, plzase complztz the following information:
� FirWame
Middle Ininal
Homt Address� Streec (�, Nama, Pypt, Direction)
Where?
Sentence:
� �'��V�
Ciry
__ _ YES
(biaiden)
Ciry
S[ate Zip�3 PhoneFumbc; �
\O If the mana�er is not the same as tne
Last Datt ot Bv�n
( �
Stam Z�p+; phona M1umber
09/01/1999
Please ]ist your employmert[ history for the previous five (5) year period:
Business/Emolovment
Address
O 1 'q�
List all other officers of the corporation:
OFFICER TITLE HOME
NAV1E (pf£ce Held) ADDRESS
(�.Q tn E� �e v�G�c� � Pres ��etit �-
HOME
PHO�IE
2�'� (;Pt� Ivl I I�CC(�
�' �kt (/I , C�
BUSINESS
PKOVE
If business is a partnership, p]ease include the foilowing information for each partner (use additional pa�es if necessary):
.,��.ivarne �(iddle[aitial
Humr Address: Street (T, \ame. 7ype, Dfrection)
FirstName h]iddlelnitia!
Home Address: Street (R, Name, Type, DirectioN
Ciry $tate
Ciry 5[are
Last
Cast
DATE OF
BIRTH
Date
-S
of Bvth
Numbtr
M[NNESOTA TAX IDEYTIFICATIO�I NL1�B ER - Pursuant to the Laws o£Minnesota,1934, Chapter 502, Article 8, Section 2(270.72
(Tas Clearance; Issuance of Licenses), licensing authorities are required to provide to [he Sta[e of Slinnesota Commissioner of Revenue�
the Mianesota business tax identification number and the social security number of each license applicant.
Under the Minnesota Govemment Data Practices Act and the Federal Privacy Act of 1974, we are required to advise you of the following
regardin� ihe use of [he Minnesota Tax IdentiFication Number.
-This infonnation rnay be used to deny the issuance or renewal ofyour license in the ecent you owe Minnesota sales, employ er's
withholding or motor vehicle excise taxes;
- Upon receivin� this infomta[ioa, the licensin� authority wi1( supply it only to the Minnesota Department of Revenue. However,
under the Federal Eschange of Information Agreement, the Department of Revenue may supply this infoimation to the In[emal
Revenue Service.
NIinnesota Tax Iden[ification Numbers (Sales 8 Use Tax Number) may be obtained from [he State of Minnesota, Business Records
Department, 10 River Park Plaza (612_Z96-6181 .
_,__ -- ) ---
—� — � - ---
----
A'tiaazsota Tax iuznti6cation Numoer:
1L1 If a Minnesota Tax Identi£tcation Number is not required for the business bein� operated, indicate so by placin� an "X" in [hz boc.
CERTIFICATIOV OF WORKERS' CO�IPENSATION COVERAGE PURSUANT TO MI�ESOTA STANTE 176.182
I hereby ceRify that I, or my company, am in compliance with the workers' compensation insurance covera�e nquirements oft�Iinnesota
Statute 176.132, sabdivision 2. I a[so understand that provision oFfalse infonnation in this ceRification constitutes sufficient grounds for
ad� erse action a�ainst a(I license / held, indudi�n revocation and suspension of said licens
Kame of Insurance Company: VC( �� t 0� 1� U7 (� i� ��0 � ��� � 1 � �S . f - n�CV� ��l 1 �(57'Z'� Gl CI �
PofityNumber:_ �'�� �Z7� g—Qf Fi7lCrOG���
Covera�e from _ Z�� to Z(� �
I have no employees covered undzr workers' compensa[ion insurance -
(PIITIALS)
•
09; 0 V I 999
Please iist your empLoymenf history� for the previous five (5) year period:
Business�'Emolovment Address
•
_ List alI other officers of the cocporacion:
OFFICER TITLE
�' (OfficeHzld)
G�(.e �� E �,� �-�,c� � (�r��s
HO�IE HO�fE
ADDRESS PHO`E
�cti��" 2530 L 1�'ccr�(
'V
31
DATE Oi-
BIRTH
)
fl-I�—S"
If business is a par[nership, pleasz includz the foltowin� informztion for each par[nzr (use additional pa�es if necessary):
Humc
hliddle
Strezt (�, Name, 7ype, Direcnon)
fniti�l
BliS[\ESS
PHO\E
Scacz
D!
OI 6
Phor.t humbtr
`•" La;c Date ot B�rch
Homz Address: Street (�, h'amz, Typt, Direction) )
GN State ZiP'� Phone \um6u
Firsc
vIi\�ESOTA TAX IDENTIFICATIO V\U�fBER- Pursuant to the La�cs ofi�finnesota, 195�, Chaptzr �02, Article 3, Szction? (270.72)
• (Tax Clearance; Issuance of Licenses), licensing authorities are required to provide to the State of �finnesota Commissioner of Revznue,
the Minnzsota business tax identification numbzr and thz socia! security number of each license appiicant.
Under thz htinnesota Govemment Data Practices Act and the Fedzral Privacy Act of 197�, we arz rzquired ro advise you of Ihz follo�cino
regardin� the use of the Mmnesota Tax Identification Number:
-This informatiom m�y be used to deny the issuance or renewal ofyour license in the event you owe Minnesota sales, employer's
�vithholding or motor vehicle escise taxes;
- Upon receivin� this in formatioq the licensin� authority will supply it only to thz �4 innzsota Dzpartment of Revenue. Ho�veaer,
under the Federal Eschange of InFormation Agrezment, the Department of Revenue may supply this information to �lie Intzmal
Revenue Service.
Minnesota Tas Identification Numbers (Sales & Use Tas Number) may be obtained from the State of �finnesota, Business Records
Departmznt, 10 River Park Plaza (612-296-6131).
�finntso.a Tas identification Numozr.
� If a Minneso[a Tas Identification Number is not required for [he business bein� opzrated, indicate so by placin� an "a" in the 6or.
CERTIFICATIO� OF lb'ORK6RS' CO�IPENSATION COVERAGE PURSUAhTTO `1[�I\ESOTA STATUTE t76.132
I hereby ceRify that I, ar my company, am in compliance «ith the icorkers' compensation insurance co� zra�e requiremznts of btinnzsota
Statute U6.132, subdivision 2. I also understand that pro�'ision of false information in this certificztion constiNtzs sufficiznt �rounds for
adverse action agamst all license r held, includine revocation and suspension of said liczns
\amzoflnsuranceCompany: VCj�t�ll T�1) �"1 C li�� ������Cit�l� �S'� n(CV� �ll�Ul7�G1U-�
�
Po�,� i.U— OZ�� f g (�i� ��-{'Ylt�C
Coverage from Z�Cn to Z� �
I hasz no employees covered under «orkers' compznsation insurance
([�[TIALS)
09 01�199�J
A\Y FAL5IFICATIO� OF A\S��'ERS GIVEti OR DI�TERIAL SliB�IITTED
�VILL RESULT 1� DENI.�I, OF THIS APPLICATIO\ Q�— g/
✓
I hereby state that I have answered all of the preceding questions, and that the infotmation contained herzin is true and coaect to the bz;t
o f my knowled�e aad belief. I hereby sta[e fucther Ihat i have received no money or other considecation, by way of loan, gift, contribution,
� or o[henvise, other than already disclosed in the application which I herewith submitted. I also understand this premise may be inspected
by police, fire, heal[h and other city officials at any and all times w�hen the business is in operation.
> �,�.t%� � �C (\ � � L �
Signature (REQUIRED for all apptications)
Prefeaed methods of eommunica[ion from this office (plzase tank in ocdzr of -"L" is most prefzrczd}:
x Phone Number with area code: (�� ) �� � b�� Extension
(Circle the type of phonz number you have listzd abo�'z: usmess Home Cell Fax
2�
Phonz Number with area code: L ) Extznsion
(Circle the type of phonz number you have listzd above: Business Home Cell Fax
Mail: �� �. ���CX �(Sn ��ZElit %�IZL1 ��
Strez[ (�, Name, Typz, Direcnon)
Intemet
Address
�Ve rvitt accept pa}'ment by cash, check (made payable to City oE Saint Paul) or credit card (DlasterCard or Visa).
Z�p-1
IF PAYING BY CREDIT CARD PLEASE CO,bfPLETE THE FOLLO L�Ii\'G INF02iL4TlON: � MasterCard � �"i>a
EXPIRATIO� DATE:
� ❑�/�❑
-�.4�::,..
Yamc of Cardholder (pleasz
•
ACCOIJ\'T NUMBER:
■■■■ ■■■■ ■■■■ ■■■�
of Card
all
Datz
**\ ote: If this application is Food �Liquor related, please contact a City o f Saint Paul Health Inspector, Steve Olson (266-9139), to rzvie�v
plans.
If any substantial chan�es to shucture are anticipated, please contact a Ciry of Saint Paul Plan Examiner at 266-9007 to apply
Por building permits.
If chzre ace any changes io the packin� loc, floor space, oc for new opecations, please eontacc a City of Saint Paul Zonin� Ir.spectoc
at266-9003.
All applications require the following documents. Please attach these documents when submitting your application:
1. A detaited dzscription of the desi�n, location and square foota�e of the premises to be licensed (site plan).
The followin� data should be on the site plan (preferably on an 8%i' x 11" or 8%z" x 14" paper):
- Name, address, and phone number.
-'Ihe scalz should be stated such as 1" = 20'. ^N should bz indicated toward the top.
- Placemznt of all pertinznt features of the intzrioc of the licensed faciliry such as seatin� areas, kitchens, offices, rzpair arza,
parking, rest rooms, etc.
- If a requzst is £or an addition or expansion of the licensed facility, indicate both thz currzn[ azea and thz proposed expaasion.
2. A eopy of youc Izase agreement or proof of o«necship of the property.
SPECIFiC LICENSE APPLICATIO\S REQUIRE ADDITIOVAL I�iFOR��IATIOi�T.
PLEASE SEE REVERSE FOR DETATLS >>»
Pa�er
Pa�er
09/01/1999
If applying for,
ot ,
Cabaret adult, pleue attach written proof that each emptoyee is at (east 18 years old.
Conversation/Rap parlor adult, please attach written proof that each emptoyee is at least 18 years old.
Enfertainment, please specify class A, B, or C license; obtain and attach sigaatures of approcat from 90% ofyour nei�hbors w(ch�n�
350 feet of the establishment. Ttiis license must be appiied for in conjunction with a Liquor, tiVine, Malt On Sa1z or RentaLDance
Hall license.
Firearms, please attach a letter with the following infotmation: state if selling or only repairing, Federal Ftrearms License \'umber,
type ofArmed Services discharge (Hoaorabie, General, Bad Conduct, Undesirable, Dishonorable, or no mili�ary service. (\OTE:
Establishment must be commercialty zoned.)
Game room, please providz the following infortnation: name of machine and list price. (�;OTE: A Poo1 Hai1 license is required if
there are any pool tables in thz establishment.)
Heal[h/Sports club adutt, please attach written proof that each emp]oyee is at leas[ 13 years o[d.
Liquor off/on sale, refer to attached liquor applica!ion.
DIassage center, please attach a detailed dzscription of the services being provided.
blassage center adult, please attach written proof that each employee is at teast 18 years old. -
blassage practitioner, please submit proof of successful comple[ion of tcritten and practica! exams from [he City of Saint paul
authorized examiner; submit insurance certificate showing covera�e ofS 1,000,000.00 each genera( Iiabiliry and professional tiability
cvith the City of Saint Paul named as an additional insured, and a 30 day notice of cancel(ation; submi[ proof of affiliation from a
licensed City of Saint Pau( therapeutic massa,o,e center or state licensed hea][h faciliry .
blotorcyde dealer, please include State of Minnesota Dealer Number.
�erv motor vehicle dealer, please incfude State of Minnesota Dealer Number.
i
Parking lot or Parl:ing ramp, please include the number of parkin� spaces, and attach plans containin� a geaeral description of the
security provided at the lot/ramp, a site plan showin� driveways of the proposed tot and the legat description of the property (this
requirement necessary only if no site plan is curtently on file). Attach a cover letter describin� yourplans to comply with the lighting
and painting requirements.
Pa�cnbroker, please attach 55,000.00 Surery Bond.
Second hand dealer-motor vehicle, please include State of Minnesota Dealer Number.
ei�YCte ari`s, ease ttac 5;060.00 Surety Bond. T
_ � �$�
Steam room/bath house adult, please attach written proof that each employee is a[ least 13 years old.
Theater adult, please attach «ritten proof that each employee is at least 18 years old.
•
09i0 V! 999
� Core Suppliers: Pa�e 17
D/ �
Click on underlined names to vie�v �.i'eb sites.
•
MI_CHIGAN CONT.
i Street
:idman, MI. 48893
17)644-2695
x t517) 644-5695
IUMB AUTO CORE
85 Ryan Rd.
iro, MI. 48723-9579
17)673-2826
MINNESOTA
!LLER AUTO & TRUCK PARTS PPLE6ERRY'S SOUTHE
15 Chicago Drive MISSOURI
jnd Rapids, Mi. 49509-1602 260 Perimeter Lane
6) 53&5000 Lebanon, MO. 65536-5320
c (616) 538-4159 (800) 321-3471
iail: �artinfoC�salvagelink.com Fax (417) 588-4002
�
� Cloud Drive
�, MN. 5549
755-7534
i121755-2602
Paul, MN. 55101
2) 222-1644
Hawatha Avenue
:apolis, MN. 55406
724-341 S
�
170 Troy Lane North
1aple Grove, MN. 55369-4557
i12)428-8329
ax (612) 428-8509
MISSOURI
6 Hunning Rd.
h Ridge, MO. 63049-3012
)) 328-0053 ! (314) 677-3660
& N AUTO PARTS INC.
i17 W. College
�ringfield, MO. 65806
17)865-2231
E.
MO. 65806
ix (417) 864-6414
�CORE (NC.
i29 N. Golden
�ringfield, MO. 65802
1 � 864-625
5 N. 21 st Street
Louis, MO. 63107
4) 421-5585
: (314) 421-1436
Page 17
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�AZf1IZDOUS WASTE;GENERATOIt, l�CE `;=�: �;�''�:=, : ':
o>=�� Saint Paul - Ramsey County Department of Public Health Telephone: 651-773- 4 6
Environmenta] Health Section FAX: 651-773 -4454
Solid & Hazardous �Vaste Compliance Program
1670 Beam Avenue, Suite A
Maplewood, M� I 5� 109
HAZARDOUS WASTE DISCLOSURE & MANAGEMENT PLAN:
Please print or type all information. Keep copy of the completed form for your records and send the completed
original to Ramsey County Environmental Health Sec�ion at the address listed above.
A. GENERAL INFORMATION.•
EPA ID #:
Alternate Coutact: GI, 2 t` (�pr �{o�zJ
Company Site Name:_G � epr'� �L f1L,
Company Address: ,�('�') � v5 � J� t1 e City: �� � p'RU 1-, Zip Code: S�IO (
Mailin� Address (jd,�eren:): S�/�'1 �2
Zip Code:
incipal Products or Service:_ �/�v7o pl�l^/S Sp� �'�5� � SIC Code:
�
Contact Personnel:
ContactPerson: rYec� Gonzl��,'�S
Job Title: y��,�
Phone Nzrmber: (�q S ( - '� `� -SOoo
�. - ... -. .
, �• , ,,
ti.. f I 1`..�9 t .�^.
i � ��.��i� �m�' J
i`'
Job Title: presec�e.t'�
Phone Number: 9 `a C7 - �1.� �- ��c��
Emergency Number: � S(- �( -03 �� e e� , Emergency Number:
�
�j - / S-tx�
Date
prlrs[ or
m��P� �
Title
g.�-..�omce�wortl�hazlfortnsVicense 2.doc (10/7997) `
l
VV
\� Compfefe one column (items A fhrough O) for each regulated waste. Attach addiiional sheets as necessary.
4 Column 1 Colu n 2
O�ce Use O r�� flnvontnnr±�l \ . f .
A) WasteName
B) 4-digit Hazardous t�aste Code(s}
C) Yeaz Waste was First Produced
D) Physical State (circle)
E) Source ot Process of Generation
F) Amourtt per Year
G) Type of Storage Con[ainer(s) (circle)
H) Storage Location (circle)
I) On-Site Management Method (circle)
.n Treahnent or Shipment Frequency
K) Transporter Name
. �
Y3'l /d0
��
solyd liquid gas sludge
rn �po
�j eO O
soli liquid gas sludge
° _ A � -a_ � ,
,�
drum parl bottle original containe
underground tank above grom:d tank
other
indoors � outdoors
burnarfuel recycled neu�rali=ed
accunvulate treadsewer
aov �,
!rum pai[ botde original caitaine
underground tank above ground tank
other
indoars outdoors
I
� linres per � year(s)
e.o m v
�Rv�
NQ Desi�nated Facility Name
N) Designated Facility ID Number
O) Designated Facility Mana�ement
Method (circle)
C�.o m �
�(,�,U��
CX timesper j year(sJ
�l recycle incinerate burn as fuel recyc[e incrnerate
tion neutrali=e land disposal chemical fixation neutrali=e Imid disposa!
other treadsewer other
p
_ __.. .' _. . �_ �...«, -._. _.�. ...�vu���TJ'�' Fy.� .. _ �.;
� ' ase print or type ali information. Complete one column (items A throuqh OJ for each regulated waste. Sign the
tplefed fomt.,
Company Site Name �� C'or e 1/� Epq �p�
Coiumn 1 Column 2
O�ce Use Only (inventory #) � � �
A) �Vute Name _
B) 4-digit Hazardous Waste Code(s)
C) Year Waste was First Produced
D) Physical State (circle)
E) Source or Process of Generation
���a
soli liquid gas sludge
. -� .,
F) Amount per Year
Type of Stora�e Container(s) (circle)
I H) Srora�e Location (circle)
� I) On-Site Management biethod (cirde)
I 1) Treatment or Shipment Frequency
� K) Transporter Name
� L) Transporter ID Number
� M) Desi�nated Facility Name
N) Desi�nated Faciliry ID Number
�zsi�natzd Facili[y Mana�ement
Method (circle)
3 �C�o ��35
� ��
solid liqurd gas sludge
�/ zs�
�� pau oottte orlgtna[ container drum pail bott!
underground tank above ground tank :rnderground tank
other other
indoors outdoors (�daors
urn as fuel recycled neutralised burn as fuel recyci
accumulate treat/sewer � acc:rmulate t�
' e+' �,c� P r,.n,.. i, Q... Yd.Q o hei
times per year(s) _�___ times per
year(s)
aurn as�ue[ recyc[e incinerate burn asfrel recycle incinerate
chemical fication neutra(i>e lond disposol chemical fcYatron neutraliae land tZisposal
treat/sewer ather treat/server other
confainer
outdoors
g���..�o�ceiwosdViazSformsUicense3.doc (�0i1997)
Piease print or type all information. Comptete one column (items A through Oj for each regulated waste. Sign the
completed fortn. � t�(� J �
l � � Column 3 Columr� 4
O�ce Use C
A) WasteName
B} 4-digit Hazardous Waste Codz(s)
C) Year Waste was Fint Produced
D) Physical State (circle)
�I
solid liquid ; gas sludge
i
salid liquid 'gas sludge
E) Source or Process of Generation
F) Amount per Yeaz
Gj Typz of Stora�e Con[ainer(s) (circle)
H) Storage Location (circle)
I) On-Site Managemznt Method (circle)
J) Treatmznt or Shipment Frequency
K) Transporter Name
L) Transporter ID Number
Ivn Designated Facility Nazne
N) Desi�nated Facility ID Number
O) Desi�na[ed Facility Management
Mzthod (circle)
f certify underpenalty oflaw that 1 have personally examinetl and am famili:
fhat based on my inquiry of those individuals immediately responsible for c
accurate, and complete. 1 am aware that there are significant penalties
impris n
` ��1, � e Y �.1
S�gnature
or
�
'rum pai! bottle original container
underground tank: above ground tank
other
i
indaors ! outdaors
accumulate treat/sex•er
o[her '
times per year(s)
'
'rum pail bottlef ariginalcontainer
underground tank � above ground tank
other i
indoors
burn as juel
¢ccumulate
other
times per i year(s)
ncinerare ourn as,n�et re cte tncenerare
land disposal chemical firatian n trali�e land disposal
treat/sewer other
chemical firation
treat/sexer other
tb the informaEon submiffed in this and ai! attached documents, and �
ning the information, l believe that the su6mitted informatiort is iru=, �
submitting false informabon, inc/uding the possibility of frne and f
9 - IS-d� �
Qate �
Title i
•
�
File Name:
Address:
Ci�y
�1- 9�
TARGET RESOL UTIONINFORr1IATI01�'
G � cOC_._ ��.s�
t .�} Z`9
A � £ ' m`vi .
� `-a 'P�vS� 4'' .:"- ti:-:-\
S�— � � � Zip: �S
Inilia[ and rlate one of the four status categories below t{:rtt applies to tkis con:pany:
"�i ��\S � W Active (5700-1?, Liczn>z Applicatioq Tae ID, Y: Bill Prep)
_ _/ / One Time Only (One Timz Duciosure)
� � Inactice (I.imbo) (Yarrative)
_ _�_� Deactive (Dzad Zonz� (\on-Gzn CzRiflcation, 8700-1? Updam, Rlor
Kartative)
Con:tnents:
GENERATOR CL,4SSIFICATIONBILL PREP INFORMATION .:_-,...-
. __ _ ._.
. -. � • -.- . ...,, :;..- :
PREPAREDBYi CJ_= �\:� " DATE:S/�_S /a> '',_';`„�
` . LiceiueXear -
Geneiation Start Date: ��! � S lce� = i Late Registration Penalty (Yes - o _=
- ' ..-,. �__--_•:._.
Fee Category� A V S L� _ Application Fe� - iVo)
Create Manifest File (Xes =�O -, ; _ --
r,,....,.,::.�: ,
DATA ENTRYRECORD
• Entered By: ��/'�'�-- Date: (0 /L(/ � i
�'1[-/"7 I �/�,�
g:\....\office\word�hazlformsltar�zcdoc (II/1997)
0�-9�
Please rint or ��r �%=�a° �^'� �'o rs;,�r_ c,�,�s g-�c-�
p type with ELITc .y?? (12 chzracters per inchJ in th_ ursnzded ar>as onty �sa xo czas-E?a�cr
Preasarefertothatnshvettcns . ..--- Date Received
�,F,,,�N,��ra��t�e Notification ofi Re ulated
ecmp�enoq tl�is torm.: Tne �'� � (For Official Use Onty)
intormat7anraqueatedMrais � ,EPA
���.�«��,��a ,.� Was�e �ctivity
Resov�eConsrsvatron = ,
f�eareryRctj, '` �- - :. , .
f. lnstatlafbn's EPA ID Number (lAarir X' irt the approprtafe troz) -.
;� (�'A. Eirst No88eatron ,', � a � ete Item C j�n '��C. Insialll Cwn's Ei A ID Nu� 6er � I -
L—�
ri.Nameofinstafiation(!rx&ideeorttpanyandspec7htsi�ra;ne) _.
'.CI ,� ��� �Z�n�C� � � 4 � ( { { � � � � � � { { -
IH.� LocaBon d�sYailation (Ptiysical addr�' � y � P O. Boxor Raute NamberJ �_
StreeL . . , - . . ° �
- �.:�^ � C . � . � �, „ C. I
Sfree!(Corrfltmed) �� .. _ , • .
� ....... . : .: ... . ... . : . e �., . . . . �-. ��.-. . : , . . . :._ . _ .. ::
I I , � I
Cit�torTown';<�, �.,� . � � . . Sta� Z1pLode _°. . . _ -
'
_S i w � i; � �il n. S j I/ Q f-
.g,, " - , ,
counh coae : Narria . ^. . . .. _ . _ .
2 R A `1 S n Y I � I
N. Insiaflation Mailinq Addrzss {See tnslrsfcUoruj �,
y -:.. .. - . : ........ . .. . . .. -
Sireei w P.O. Sox �"_ _ " . ' ' � ; . " ' , � _ _ _ � . _ .
S ri��_ � � �� � �
Ctty or Sown .� �� - .. , . ' - state Zip Code -
�. —
V.'1nsm1{ation Contac2 (Person ta be contscted regarrllrrg waste activNies at siteJ "
Mame (Iast} ,� ;; �_" : _� � �<R : � _� .- (Flrst) `i_ ' ._ �
s�c n � e 5 � ' e cl
Job 71fte � Phone Nu'mber (Rrea Cotle artd Number) - -
i� a n a' r' � �> S 1 �/ 3- s o � b
YL tnstatlaiton Cantact Addresa (See lrrsfructlonsj
ACoruraciAddreas ; .. . . , .. .
lorstlat 1W ikz4 ; QtMt � 8. SiR6t Ot �.0. 8ox �":: ..,} ..
��n�n� ux�. ,�
VIL DNinership (See7risfrvcfforrs)
tl Nsrtie M instaltation's Legai Owner ;.. `�' .�;: z .; . � : . , .
c T � .:i n C.
..,;��. c �:�r:,^� � � �, �x,.° %�
Stree;.P O.-Boz, ot Route Nienber, .`� � z'�, ..',�,, s .�, ,.,.,....
,<_�z��,. ,
c:� ! Y +; �. E n d��, � �-� � �' �
., or rown a�f �� . �-� . . , srste -�
� e�� I� � � �' i
.z .'3�:��„.- _ �. . , � �-° �'> . � 8 IanQType C Oxmetiype O.
PhonePlum6et(Area`CadeandNvmber) , s - - .,;
�� �,_ _� U £ �s� Ye
EPA Fotm 8700.t2 {Rev. 11-30-93) Prevtovs edition !a obsolete.
r=<
. s--�: .; •. �
I
i . .
3 c .s -
>wnaf f _ . ° (Date Cha�Jotl) .,Li �: �
= �;�.�Month-i - DeY -' sYeer
�
Cantlnued on Reverae
0��91
Please fIfIS Of ��'� a�T�eC OM$ NO 2)$:rw23 E.pvgS ¢3G38
p type wi:h cLI7E type (t2 characters per inch) ir, ne unsbadecl areas only GSt No
16 - Far Officiai Usa Onl -
� I 4�, �>, f 1. 4 .:.
VfIL Type af Regulated Waste Activity (Mark'C'!n Ehe approprtate bores; qeter ia lrsswetransj
.. � . " A_ Hazardous Ytaste Activity .:- � � � :, -". B. Used Oil RecyGing AdivRies =;...
� ; . .. � -
Y Generator(See�Instruct3ons]�' `� `-[� 3 7reater, Storer 'Disposer "(aY t. ilsed Oil Pue! Marketer -
Q:a. Greater than IOWkg/mo (2,200 tbs j "' 7nstattatton) Note �A peimiL� [] a- 1Liariceter Dfr�cts Shipmertt oi�Uxed �
❑�b.100 te 7000 kghno (2062,200 tbs ) iequired far ihis acilvliy; see .°` �i to Ott-Specifiraaon Bumer : .
:� �:c Le`ss tlaan t00 kgtmo {220 ibs) *��.�.`' �� :'ansUUCCons `' - ❑b. Marketet Who �rat Clatrtss ihe Used
'�7rartsporter([ndkateModeiniwxest-5 � 4 .lisiardovsWasie�oel ,: .�='6tlLteetsiheSpeeifkztwns .-"�<
� betov� - a. Generafor Marke6ng to 8umer 2- Used Qil 8umer tndicate 7y�sj of
❑� Forownwastaonty ; " � � .: ..: CombustionDeviee{s�
- Qa U81iry 8oller
Q" ��orcommerc3alPurposes`, a �^�, a8oilerarkYorindusir[alFumace �b.lndusMalBotl� �� ��� "
�, . . =- ` � 3. Smelter Detecral =� ' = c. 3_MustrfaF Fumace '. , s= ,,•-
-'Maie ot T�ar�aporlaHon s 2. SmaI1 �uantily Ezeeiptbn '
3_" Used Oil 7ransporter 1ndleate Type(s)
�.Y Alr - - 7nd"ECate 7ype ot Combustion of AcBvFly{Sesj
2. Rat(: = Device{s} a_ Tramporter
� �
�3.tiighway 1.EJUII1yB�1¢t gb. TmnsterFaclllfy ^�� � -
� 6 Water r � .,' � 2 Endusfr3at 8oifer � 4. Used Oli PracessodR�ner Iad�ate
❑ s "omer specuy �` _ - � ._ ❑ 3.lnausfiat r-umace . � - Type{s) ot acuvStyC�es)
��[] 5. ,11nQergrvund lnjectwn Cantrot ❑a_ Proeess .
�_
-,.e. .,.��. -.r.__ d : n '
� -- ... _ �Jb. Re�refine: .._.
tX. Descriptlon oi Hazardous Wastes (Use aeattlonat sr,aets itnecessary) ,
A CharacteristiCS of Nonlisted Hazardous WasteS. (Mark'X'!n the boses torresponding to fhe chara�}erfstics of �-���
naNistvC haza(Oous wastes yaurinstalfaSon hand/er; See 40 CFR Paris 26120 - 26724)
tµi nhebk r�2Cttroetve 3.Raedtvs 47asldty '��.� • . >..- ��",,.. .. �. . `. 'r,.� _ .�, ,. � �, :
.:��� � - � � (�� �e�stl� �L�t'p"� �_�� ���, for 8„ Taz � m�n,�rnmit:;;
� � � I � �
LJ ,.. , D U C� c= 1
B. LiSted HaZardous WasieS. (Ss� 40CFR261.37 - d3; See rnshuctions !f you need to list more Nan 72 xaste codes.) - --..-.- •
-- � ...-;� ....,,.. _ .. _,,:..
_... � -.._ ,.. .�.
�.i � Z 3 � ..- � - 5
i
'� �
a� � ._`
' '` ==7 ��� `:. g' ;�;�4 . u�p,°.. .�"� 17 � W 72
� � �
C. Othe[ WaStes (State or other wasfes requtring a Mndle� to have an l.D. numder,• See Ins�uctons.) ��': �-�
; �..s . ._ .. .� _v, .. . .
� �. --��.. �. �.:.- �.
�� (i . � �i O x �� p j,7 G� ' ___ -
_ �-� _
-�.. -� � � � .� y (
6
e' � � � /��. � � il � ��1 T�� -
-E . .>. �„�,. ._._ � � L�_
.s .,. _ - „ . �
� �
.._�-,. .>_e, . ...,..:. ... .�_.,
a ^_ .
X �.2�fIfiC2tfOII �. � - `
1 certtfy under penalty ot law that this tlocument and all attachments were prepared vnder my dfrecilon or aupervtsion in accordance wtth a=
syatem deslgned ta assure ihat qua4ltted peraonnel properly gather and evaluate the Informatlon submltted. Based on my Inqulry ot the persan :.
or persons who manage the aystem, or thoae peraons dlrectly responalbie tor gathering the Intormatlon, the In(ormatlon su6mitted Is, to the
beei of my know7edge and beliet, true, accurate, and compfete. I am aware that there are aigniticant penaltles for submltting faise Informatfon,
Includin the osslbill of flne and Imprisonment for knowin v(olatlona,
Signature , Name and Otficial Title {Type or print) Date Signed
�— .�� U�c'�v��-� �i';� �io��z��-tie ih �,a���� I '�s
P:.,
XI: Coriiments '. ' , .. -
•
.�... ,, : >:,. _ . _
Note Mall completed form ta the approprfate EPA Regional or State Ofttce (See SecBOn Ip of ffie booktet for addresses.) �
� � "'� - _ - s^� � � . �
EAA Form 870672 (Rev. 7 7-30-93) prevlous ediflon !s obsoiete.
� .. . . . . ' .S.'.Y_y-.�,_ �. .... . .. . ... . ._.. .. �� w . ..
/ . -' . .
�� ( • � " � •' • "� •
l
� Sai�t Paul - Ramsey County D of Public Health :�- -
Environmental Health Seciion '
��- ��
Sol;d & Hazardous Wasie Compiiance Program C \l �`- `
� 1670 Beam Avenue, Suite A Generator:
Maplewood, MN 55709 - ,
�,.��K.� Telephone: 773-4405 Fax: 773-4454 EPA ID# M N_ - ( � (
.-,,
Address: �' - - 'h - ' City: ' � � ' Zio Code: "' � -
Contact: `^� •, � '--> 1 �-- Title: ���.-- ^�--,c_r Phor,e r: ^" ;- - �
Inspection Date: ��• � � � - � � '
Size: SQG � VSQG
1. License C�rrenVPosted
2. EPA ID Number
3. Waste Evafuation �
4. License Application Submitted � - .
5. Uniicensed Hazardous Waste > 75 Days
6. POTW Reports Available _ . .
7. 15 Days Disposal Prenotification
8. Previous Orders Camplied With ' �
9. Entry Allowed
10. Other
7. W=ekly Contairer Inso2ctions (3 Yrs.)
2. Containers In Good Condition
3. Containers Closed
4. Accumuiation Start Date _ _, , _ _
5. "Hazardous Waste" Marking
6. Descriptive Name Cieariy Labeled ,, �"�, .
7. Containers Compatible With the Waste
8. Proper Ignitable/Reactive Mgmt (50 F.i) ,; ,
� Incompatible Wastes Saparated
Liquids on Impermeabie Surface :.� : -�,.
Storage Tank Requirements
1. Liquids on Curbed Impermeable Surtace
2 Ignitabie Wastes Shaded
Last Inspection Date:
Purpose: lniGa� Routine Fo:io�.v-up Er,�o�cemer,i CorQiaint C!o;ur2
, . . _ . � . . '';.� F ,
.. ,_. . v. , x� _ :1_. . �.,: ' _-u_. :r v_._ �::s`?.`-' L.
1. Max Accumulation Voi -< 7000 kg (VSQG) � 1. `Containers - ClosediGood Conditior„' �
2. 180/270 Day Storage Maeimum , __ -� �Impervious SuAace '
3. SpeM Lead Acid Battery Storage ��;2_`.Labefin9
3. Recycling Receipts (3 yr) , : �
- � 4. VSQG - Used Oil Mixed with D001 Only
1. Relinquishing Control 5. Used Oil Burned Onsite
2. RepoNRecover Spills (649-5451) 6. Tanks - LabelediClosed,'Good Condition/
3. Operate To Prevent Retease Impervious Surface ._ .. ,
4. Adequate Aisle Space _, , _ �,,,,
1. IntemaVExternal Communication
�2.� Communications in the Waste Area
3. Emergency/SpiIl;Fve Eqwpment
4. Equipment7ested/Maintained
5. Notification Sent to Local Authorities (SQG)
�. ,.
1. Proper Manifests
2. Copies Avaiiabie On Site (3 Years)
3. Manifest Properly Completed
�4. initial Copy To MPCA (5 Days)
5. Finai Copy To MPCA (40 Days)
6. 45 Day Exception Report
7. VSQG Coilection Receipts
8.� Recycling/Special Wastes Receipts
9 FeedstocWBy product Bill of Lading (3 yr)
10 LDR Documentation Available (3 yr)
1. Pretreatment Inspection Schedule
2. Inspection Log Matches Schedule
�. �a ie�� _ _..;:a'`.-'�a�'.=.��--E
t. Designated Emergency Coordinator(s) ��
2. Telephone Posting: - ,� � � �
a. Emergency Coordinator(s) Name antl Phone :
b. Locations of Fire/Spiil Equipment
c. MDO/Fire Dept. Pho�e #
3. 3000 kg Storage Maximum 1.
4. Personnel Training Documented
_�, i �: . . a. : , �
1. Removal of HW, Hazardous Materials and
CoMaminafed Materials' � � � � " '
3. Protected - MoisiurefEntrylDamage � �� � 1. UST/AST Registration
2. Speciais Wa'ste Storage/Fluorescent tubes
The items circted above identity viofations noted during the inspection conducted on this date.
• - . . � ,ra� : 'S _ � _ � - - - - _. :, � = '1 �� _ ,_
. . - � o -�
(' (`y „ - , � ' - ' .. � . . , .. . _ " _' _ - _ .
\'� _ .� . U., '_ � ! ..
�
-` _.�! . - , � . ^�4 .. :'�,�;,- -
� -. . ' " ' \, . _ ' _ ' ' ' "
� .C.� _ t� � � � -, .
-. . ��� . -._ = -
.'`�._ . -� _ -�
( .,
`.�...�_ - � _
\� _ .�. < . ..
..� _ .. . ._.
� �
-� c�
... ^.
� � '
v � r ,
' . o. � _ . _
! `, __
�_ ,
A
E'':_ ,
RCEHS 7000 (7997) - � - --- � -- � � - (t) FAe (2) Office Copy ' . (3) Generator Copy - � � . -.
t
, �..�:_
(l � The foltowing tabte cites the piovision from Hfinn Rules', Chapter or the section from the 'QopnryHazardous Waste Management
Ordinance which prov'ides legai auihority for the corresponding Rem on the inspection checklist on the froni side of lhis page. Copies
Q� % 1 of the State Rute can be purchased from the State Documents Division at 117 University Ave., St. Paul, MN 55155 (297-3000).
Copies of the County Hazardous Waste Management O�dinance can be obtained from this depaRment.
�.�. � . ._
_Item ... Rule _ � � .�_:. � �-_ _ '� � � ��z-t_ �:�: =�;� � � .�,:s-.s,.. . < s � ��,� .. .. . . ... . . .. �.:._ _ _ - , ._ _
A. Basic RequiremeMs _ . _
1. RCHWM Ord. Sec. 4.07, MR 7045.0225 5ubp 2
2. MR 7045.0221
3. MR 7045.0214 - 7045.0217
4. MR �045.0240, 7045.0248
5. MR 7045.0243 su6p 3G
6. RCHMW Ord. 4.09
7. MR 7045.0243 subp 3G
8. RCAO Sec. Iil D
9. RCAO Sec. V B
B. Storege Container Requirements
1. MR �045.0626 subp 5', 7045.0294 su6p 2A
2. MR 7045.0626 subp 2` _
3. MR 7045.0626 su6p 4• -
4. MR 7045A292 subp 5C, 6C, SD
5. MR 7045.0292 subp SF, 6F, 862
6. MR 7045.0292 subp 5F, 6F, 862
7. MR 7045.0626 subp 3'
8. MA 7045.0626 subp 7'
9. MA 7045.0626 subp 6'
10. MR 7045.0292 subp SE, 6E, SB2
11. MR 7045.0629
C. Ouidoor Storage Requiremertts
1. MR 7045.0292 subp 5E, 6E
2. MR >045.0626 subp 4`
3. MR 7045.0292 subp 5D, 6D, 7�45.0626 subp 4'
D. Accumu(afion Requirements
1. MR 7045.0292 Subp 6
2. MR 7045.0292 subp SA, 6H, 9
3. MR 7045.0685
E. Waste Management ,
1. MR 7045.0208 subp 2��
2. MR 7045.0275 Subp 2, 3
3. MR 7045.0566 subp 2"
4. MR 7045.0566 subp 6"
F, Preparedness and Prevention
1. MR 7045.0566 subp 3A, 36"
2. MR 7045.0566 subp 5"
3. MR 7045.0566 subp 3C, 3D•'
4. MR 7045.0566 suhp 4"
5. MR 7045A566 subp tA, � D"
G. Shipments
7. MR 7045.0267 subp 1, 7045.0075 su6p 5
2. Mft 7045.0294 subp i, 5
3. MR 7045.0267 subp 7, 7045.0265
4. MR 7045.0265 subp iD �
5. MR 7045.0265 subp 4
6. MR 7045.0298
7. MR 7045.0294 subp t B
8. Projeci Guidelines, Resolution - �97-446
9. MA 7045.0725 subp 5&5, 6A1
10, MR 7045.7375 subp 1G
H. Used Oil and Related Wastes
1. MR 7045.0855 subp 2C, 7045.0990 subp 3B
2. MR 7045.0855 subp 2C, 7045.0990 subp 36
3. MR 7045.0855 subp SC
4. MR 7045.0800 subp 4C, 7045.0855 subp 68
5. MR 7045.0855 subp 3
6. MR 7045.0855 subp 28, 2C. MR 7100.0030 su6p B
I. Pretreatment/pH Neutralization
7. MR 7045.0652, MR 7045.0655 suhp 38
2. MR 7045.0652, lvtR 7045.0655 subp 3E
J. SQG Requirements
7. MR 7045.0292 subp 5H7
2. MR 7045.0292 sutrp SH2
a. MR 7045.0292 su6p SH2
b. MR 7045.0292 subp SH2
c. MR 7055.0292 subp 5H2
3. MR 7045.0292 subp 5
4, MR 7045.0292 su6p 5H3
K. 7erminafion oi Operation
7. - RCHWM Ord. Sea 5.01
L. Misc.ltems
7. MS 116.48 subp 7 "" '
2. Project Guidelines, Resolution - R57-446
' as referencetl in MR 7045.0292 subpart 58, CB
" as referencetl in MR 7045.0292 subpart SG, 6G
Giossary of Terms
AST - Above Gwund Storage Tanks
BP - Byproduct
EC - Emergency Coordinator
EPA- United States Environmental Protection Agency
EflC - Emerg=ncy Response Commission
FS - Feedstock
HW - Hazardous Waste
LDR - Land Disposal ftesiriction Notification
!vlCES - Metropolitan Courtcil Environmentaf Services
MDO - Minnesota Duty Officer
Important Phone �'s
RAMSEY COUNTY _ - 773-4466
MPCA - . 296,6300
MDO " - - 649=545t _ "
MNDOT- =,.405-6060 .�.- .�
MNTAP - � 627-455S
MCES - 602-4703 : - ; -,-,.. -_
AST._ _:__._u_=_297-8665_.._._-,-_ _._
UST - 297-8679 /
MNDOT - Minnesota Department of Transportallon
MNTAP - Minnesota 7echnical Assistance Program
MPCA - Minnesota Pollution Control Agency
MR - Minnesota Rules
MS - Minnesota State Statutes
POTVJ - Publiciy Owned Treatment Works
ftCAO - Ramsey County Administrative Ordina�ce
RCHWM Ord. - Ramsey County Hazardous Waste Management Ordinance
SQG - Small Quantity Generator of Hazardous Waste
UST - Underground Storage Tanks
VSQG - Very Small Quantity Generator of Hazardous Waste
Address to send Manifests:
Minnesota Poilution Control Agency :
- Hazardous t+Vaste Division . -..
Attn: HWlMS . ,..: � , �. .:
520 Lafayette ftoad
':
St. Pau[, MN 55155 __: _ �__ '„ �,� _. _
SEP-07-1?E+0 12�12 FROM CITY OF ST PqUL. L[EP TO �34454 P.091/E��
Q / — � � OFFICF.OFL[CE�SE.[?:SPECCtOSSA.`D
E\h&O�i�(EyTA:. PRO7ECT:0�
Robert Kerrkr, D�•«<e�
•
CITY OF SAINT PAUL
Na�m Caleman, M1fayoi
LDitRY ?ROF''•.SS/ONAL
B'J7IDLVG
Suit: 300
3�0 Sc F<rc. Srr�ct
Sc:ntPcuCS:tnrt<:cta J<rn+l�;n
FALS7MTLE '�`�tANSMZSSIOI�I
DATE: �
To: L
LOCRTZON: _____�
SENDER: (.�
�n �-e'
l� `,_.
LJ
� v
This transmission consists of � paqes (i.ncluding cover sheet).
CoMMENTS:
7d�prtans:b51•2b6Svv0
Facrlmdc 631-1669:?�
6J1•T66
so
sr �73 �����
e �,�
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r „� � a�
l �t' � [� •
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l�` �
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• ,
SEP-07-1900 12�12 FF.OM CITY OF ST PAL4. LIEP TO
� /- 91
97734454 P.202iEt78
OFFiCc6f L10E2iSE, RvSPECTS63iS AND
ExvzeoN�vrr� rxo
Rnbert Kcitk� Direcar
. � CITY OF SAi;�'T' PAUL LOw(tY PROFeSSIONdL BUILD.MG Teltphonr: 651-266909r,
NormCalcm¢n,:4�cyor ;SOSl.Pae�Sutu, FaaGuilu 6f1-IQ6-9G99
S�rPmlf, Mianetcra SS17Z-IS10 651-265-9!2;
LICENSE APPLiCATION STJN�1�fARY
•
Date: Thuisday, August 17, 20�0 Q 2:00 P.Li
License ID: 20000000096
License Apglicant:
License Type:
GB Care Inc.
Glen E. Berhow, President
500 Bush Ave.
Recycfing Cottection Center
T�iceuse Couditions: 1. The collection and pzocessing of parts, far shipment, shatl be conducted
insids the buiiding.
2. The business operation at this licensed premise shxli not be in the manner
of an auto salvage use.
3. There shail be no exterior storage.
G. Thc handling and stotage oC vehicle fluids, batteries, atc, shaii be in
accordanez with the Ramsey County Hazardous Waste Regulations.
5. The dumpster must be storcd on the pmgcrt}� and not in the alley, street or
on the public sidewalk
Requiremauts: Environmenta! Health - Approved
Fire - A}�proved
Licensing - Approved with conditions
Zoning - Approved
Pending Adverse Actians: None
Current T.icensee:
LIEP RecommeadaYion:
None
Recoaunend approvai
�����
�� /
• LI�P Staff Representative
�
�
ScP-0?-1900
12�13 FF.�'! C:TY OF ST FqUL LIE° TO
_.�_ti1'� ._��_ __'
�I- �J
�
.
SEP 12�14 FP,OM CITY pF ST PPU� LiEP T�
CITY OF SAT\7 PAUL
Norm Colemarc Afayor
G7734454 P.0�4��H
qfF7CE OF UCEtiS£, FNSPEC7iON5 A1+D
E'iVV1RON�!EYfnt PAOTiCT10N
Rabe.:.l e:s;e�, D�rcctai
LOfYRYPROFFSSlO:VAL BUfLLJ�.tiG
Sui:c 3G0
350 Sc Pucr S:t¢ti
SoinrPaul, MmnesoG^. SSlO:dS:O
�f _�
Ttkpiw�x: 65f •2b6•SGSO
Facr(mtfe: 651-366•9G
651-Jbb91.t
Qecember 2, 1999
Gten Berhow
G.B. Corp., Inc.
2014 Glendale Ave.
P.O. Box 906
Gss�s� 6ay Wi. 54305
RE: 500 Bush Avenue
Mr. Berhow:
G
We had received a comptaint about the refesenced property. I inspected the property on
Tuesday, tVovember 30`". As l drove up to the property, i observed three males in the process
of cutFing up delivery vans. I spoke to a Fred Gonza!es who indicated he was the foreman on
tha job. iie stated that he workad far your company and expiained that they were cutting up
fh�se vehicles as part o( a contract to salvage the metal and reusab!e parts. I explained fo Mr.
Gonzales that this praperEy is zoned t-1 industriai and auto salvage is not permittsd irt this
d;strict. S d;3 aifow him to comptete the salvaging operatioct af the vehides observed o;� th2 sit2
but toid him thaf once this was compfeted, no additionai activity is altowed in the building or
su; rounding property until the zoning, licensing and buiiding re-certification issues are
resoivad. I told hirn I woutd be back today io vesify compliance with my orders.
Per our phone conversation today; you have explained that what i observed on Tuesday was a
one time deaf and that it would not be occurr�ng on the property again. You further exg4ained
that your regular business involves receiving used engine paris from various vendors. You
prepare these engines tar shipment to your headquarters in Green Bay where they are resold.
I requested that you submit a writfen description of yaur business so that this oKce can
determine if the proposed use of the buitding compi;es with the zoning for the propeRy. Yau
stated you woutd do that. Assuming fhe zoning issue can be resolved, it is anticipated that you
will need a business iicense and wiil need to satisfy buiiding and 6re safety Code requirements.
Because of the notification requirements of our ordinance, the length o� time to process a
license is approximatety 45 days. You cannot operate your business untit the license is issued.
I would urge you to get this letter to me as soon as possible so that wa can expedite rssofution
of this matter.
•
Call me with questions a! 6511268-9483.
�����
rence R. Zangs
Zoning Administration
5QObush wptl
SEP-97-1�E3 12� 14 FP.OM
rITY �F ST P4aUL LIEP TO
G7734454 P.g0o�0�E
Sapp/!6r oi
Errgines aM T2nsmissrorrs
lor Aemsnu/actunng
�
Dccember 3, 1999
Liceose IasgecYson Environmental Protection
Mr. Lawrence 2angs
350 St. Peter Strcei, Suite 300
St. Paul, MN 55102
�m;
Per our phpne conversation, I am enclosing this letter per your tequest.
0/
With the intent and purchase ageement at 500 Bush Avenue in St. Paul, t wouid like to reiterate
tfie type of operation we have at G. B. Core, Ina You have staind the zoning is I l, which
irscludes Wa:chousin�, Industrial Mfg„ and Recycting_ Wa ar;, in no way a sal.�„e operatiun
Al[ of our products are engines, transmissiorts, and catalytic converters. We buy these selectivety
ftom s computerized-tectuiical buy guide, which we publish monthly ta our indegendem
supplic.�rs. All we do at our warehouse is a check-in, inspection, and invoicing procedure. The
only tools we use are air contpressors, ait tools, and a forklift. The product is only soried and
warehoused urti3 we get a futl iraifer loacl, and ihen it is shipped back to our main operation in
Green $ay, WI.
•
We stock 6Q00 to 7000 engines here on a fully computerized system, and ship all aaoss the U.S.
to very tazge engine ro-maaafactucing companies. We also export to many countries.
We, in no way, salvage itoms. Evcryihing is purchased seiectively. Our average month in St.
Paul will coasisc of 5100,000 plus in product purchases.
The Frito Lay truck d�l was a one time deal, and as you will sce, we run a very organized, clean,
and professional aperation.
We've been in bus�ness for over 12 years, and have about 14 employees between the 2 divisions.
Thapk you for your attention and consideration. If you have any qaestions, pleasa contact me at
1-800-456-8652.
Sincerel
���������
Cslen E. $echow, President
G. B. Core, Inc.
P. S. We have compteted the title insurance, Phasc I study, and as of yestcrday we do have thc
occupancy pettnit.
�
• iNd I�!\YILDErlB /
1�4�w.4� �
VwerMYrn
(920} 434-6820 Fax (32D) 434-6821 3-800-456•8652 201a Gtandata Avenue P.O. 8ex 9t16
Green 8ay, Wf 54305
SEP-07-19E0 la�ia fP.Oht C[TY OF ST PAUL LIEP TO
?773G454 P.005.�20E
OFFICE OF CICc�S'c. fNSi cCTIG�.S A�D
E�VFRON}fE1v7.AL YROTECT[OV
Itobe•r Krtaler, A�lecrw � / J /� +
�I �
�
CITY OF SAINT PAUL
Nosm COkmcn, A1Gyar
December �0. 9998
Glan Berhow
G.B. Cocp., Inc.
2014 Gtendaie Ave.
P.O. Box 906
Green 8ay Wi. 54305
1.U+�'RYPP.OFESSIOh:1L BvlLDi.iG
Su�rz 300
330 SL Pettr Sr.eet
S¢rnt Pcu( Minxzora SS101
7elrpnona: 63l-266•9�0
Fcci:mitc 651-?56-9i9r
651-266-41?�t
RE: 500 Bush A�enue - Existing Warehouse B�ilding in I-1 industrai Zoning District.
Mr. Berhow:
•
4 received your letter, dated December 3r° 1999, exptair,ing the nakuse of your business
proposad for the property referenced above. This o�ce understands, based on your
expianation, that you witi be receiving engines, transmissions and catalytic converters at this
location and tnat your business operation does not inciude the removat ofi ihe parts from a
vehicle (ie. auto salvagej, but rather, the collection af these salvage items. it is further our
undarstanding that the oniy processes perform on these parts, once received, are ensuring
they are drained oi any fluids, invoicing the individual part and preparing it for shipment back to
your headquafters in Green 8ay.
The operation, as you describe it, appears s;mifar to a shippingJreceiving wholesafa operation
which is a permitted use in the t-1 industrial zoning distric#. The change'in use fram warehouse
to who�esaling tloes not require ar,y a8di;ional off-sireet parking per ths C�ty's zoning
ordinance. Therefore, zoning has no objecfion to this proposed use provided you obtain a
business license for a ReCyding CoileCtion Center, 1 have enclosed the license appGcaYion.
Please complete this application and retum it along with the license fiee of $164. 00, to this
offiCe. The processing tima for this license request, because ot notification requirements
mandated by city ordinance, can taka between 45 to 60 days, You cannot start your business
until this fiCense is issued. We wiil do what we Can to expedite but we need you to complete
the appiication, to begirt ihe process.
You will afso need to satisfy any requirements of the State Suilding Code and Fire and Safety
Code for the proppsed changa in occupancy of the building.
Ca€f ine with ques4ions at 651t266-9083.
��
. '
a�� �.
awrence R. Zangs
Zoning Administration
SOObuS.w�C
•
SEP-6?-1°�0 12�15 FP.OhI rjTY GF ST PaUL LIE?
laspeclion Notes:
TO
G P.Qe�/�Eb
a1- g�
Acting on a compfaint we received. f inspected the refierenced praperty on Tussday,
November 30,1998 at about 2PM.
As } drove up to the property, t observed three males in the process of cutting up deiivery vans.
•
There were three cargo box and a fruck chassis visibie from the street, in ths front of the
building. One of the cargo boxes was being loaded onto a fla# bed truck when t pulled up tQ the
property. S s�ke Eo a Fred Gonzales who indicated he was tt:a ioreman on th� job. tie statad
that h2 werked for yaur comparty ard expiained #hat t�ey ware cutting up these vehicies as pa� t
oi a contract to salvage the metal and reusabie parts. Mr Gonzaies iead me into the building
where I observed chassis, truck tires and assorted materiai stacked inside the 6ui}ding. Thera
tivas an acetylene torch near the ove�ead door a�d evidence of its recertt use in the building.
He said the metal was being pick up by Great Westem lron & Mtetal for recycling and the
remaining parts were being shipped to your piace in Green Bay WisCOnsin. He indicated that
this was a specia! ptojecf and that ha anticipated it being comp4eted by the next day. 4
explained to Mr. Gonzales that this property is zoned I-1 industriai and auto salvage is not
permitted in this disfrict. I also kold him that the use of acefylene torches to cut up these
vehic{es might exceed the occupanay type that the bui{ding was certified for. { to{d Mr.
Gonzales that the observed activity was not legal and that it wauld have to cease. I did aliow
him to complefe the salvaging operation of tha vehicfes observed on the site but told him that
once this was completed, no additionai activity is ailowed in the building or surrounding property
until the zoning, licensing and building re-certification issues are resofved. I to(d hirtt I would t�e
back to verity compliance with my arders.
Thursday, December 2, 1999
Spok� with a Glen @erhow by phone in Green Bay Wf. Mr 6eshow exptainad that what i
observed on Tuesday was a one time dea[ and that it would not be occurring on the propsrty
again. He further explained thai his regular business involves receiving used engines trom
various vendors. These engines are invoiced and prepared for shipment to G.B.Corp.
headquarters i� Green Bay where they are resotd. He stated that there is no processing of the
parts oth2r than making sure fluids are drained. Mr 8efiow stafe� that !ha fluids are captured
and transported back to Green Bay for proper disposai. i fotd 1Jir Berhow that he should put the
description of his business in writing. Sent ietter summarizing conversations ai�d arders to
cease business activities in build;ng until City issues are resolved.
`J
SEP—H7-1900 12�15 FP.OM CITY OF 5T PRUL LIEP TO
977344� P.008i00E
�1
� IQ Nu.�er 282773t1657
Cin:
Fee Cuner
SUSAN M OOLCE
03096 CLEVFLA110 AVE N
ROSEVt�tE rix SSt732506
Sa% 6Wner
iHONA2 N LEE
00500 &1SH AVE
37 PWL !R! SS1�i416Q
HOme9teeder
2CHIAG [CMPLAIN7 4iORK5XEET
Comp[aint Oate 17-24-99 2a+ing Oata
Received Da:e '17-29-99 Date Receired
Yard 6 Responte Datn
P(annin9 Distriet OS {nspectcr Nurber
iartiag �istriet �� ( Aeitsp. Qate
� caaptaint rype
Comptaint lxatien R¢spome
500 9USN AYE SS70t
20MINC
THE FOLIWING !S STAYED 67 TNE CPMPUtINAN7....
�15MANTlED SHElLS OP TRUCKS PARICEO 2N iRONt OP
BLDG. 8RINGING ENGIAES OF YENL[LES ]NTO BLOG.
Ccr,plainent tntorxation
HRS flARTELL
P�cxe: n<•s�bz
Referred By;
iNW AND CpIP4AINT OFFICE
Atso Sent To:
.._......""' ..................................."-•-"' •""-"-""-"----'--'-'-'-'--' -'-'-'-�--"'. _. _.. _....
: Co�lainT : Re9nepett . Re8pon9e . Respome : Reir,spect . Response . Response : Reznspr_t . Response _ Response :
. iype . Da2e . Dace . Type . Date . Date . 7ypc . Date . Uate , Type .
-° •--...-.".-'--"--'--"-----'-'-----------'-------'----------°-°-----'----'-------"---' ..... ... .......
• . . . . . . . . . . .
""' ...................."•"'...__...'•""•"'••"•""••"'•"""""-'•"- ""-'•"'.._..."-.._..'--"""'
"""'•"-"'-'•-""'-""--"'-""-"""--"---'-----"'--'-- -'---"-----'--•----'--'--'---"'
RE3GONSE XENU
A. No io�iny viOlatSort ai this tim.e•
8. Orc+ers issued.
t. viote�ion tag issued.
D. Vio(etion eorrttted.
E. Mo viotation at t�is time, wilt monitor.
F, iramferred to apprepriaie departicent.
G. Covrc perMing.
H. Ac�iniserative review pnnCing.
I. Extensi0n Drertted.
J. OtAar (see comrcn[s)
�
�' �"�".. �......""...."""""""_"_"' _' _ _
"��'�'�.'�_'��"�._""."._"'"_'"__"___"""
��".�..."�'�'_�..�""�_"'____'_""�"_...�"
""___""""'_"��'.....��"�"."'�..�""'..-�
"��...��'���"�.��"....�.._�'___"""""_'
CCMPIAINT 7YPE
t: Resfdential Huto Repair
2: 62her Nwme Occupation
3: Parking
4: EXterior Store9e
5: iltegal Business
b: Numhcr ef Oceupents
7: Daplex
8: Site Ptan
9z SCUP/VariatKe
70: $iB�S
Sl: NiSCELl8T1LWS
'""__'"�"....'�'""...�"
"'""__"'.�'�'.�...���..��..��"'"���..�.".�"'""""__"""__"_""_'_'__'
.���..�....�...'�"�"�'.'_""_'__""___'__"_'"_'����'�."'"��...�.....
___'"___'"_"'_'�"_��.����...�.�'..�"�'"'�'__'_"__"__'"""'_'�_'
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����"...�...�..:.�.'..."_'"_""___._'�..���.""��"�...�..""".."
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� UCF-9(SCA01/9a)JUtlgmentantlNOt¢eoiJU
�
State of Minnesota
Couxrv
: .;:se.r
NAME AND ADDRF_SS
- -t.;ort�er_j �lec*_ric 7
Plvntiff .
lt � =.. .=0d;. ^OcC
- .�L Ju. ✓.�'__
K.
NAME AND ADDRFCC
>.�. tiCT' _"aC
Defredam
n
Onom FOR
JVpGMFNT ON
Ci.vn+MO
� Cwtmx
Cuw
c _5 �:...�... ..�'.�tL�Or it. ,.,.
a 1,�� ��v /1/r����,�
MimGcn.R.RS. 516
CoIIC11i3t10Il C011LC
� JaDCC[u. Dis�atcr
�a
�ec�izd
NAME AND ADDRFSS
��ff
R
ZiP
n.
� NAME AND ADDRF.SS
�
DcfeMan[
xi
Cns� No.
�°—..--:°_
D
y
m
ZIP
j=a ?dti:. -i- �J�i�lq 9P I � ZIP
Appearances: � Plaintiff ❑ Defendant ❑ Neither P�ty ❑ Contested Q Defauit
Upon evidence received, IT IS HEREBY ORDERED:
.�_ '• '- is entitled to judgment against ' for the sum of
$ - , plus fees of $ �- , disbursements of $ , and conditional costs of
$ , for a total of $ -' '
O judgment shall be entered in favor of � (without damages).
p 's claim is dismissed wi[hou[ prejudice.
❑ 's claim is dismissed with prejudice.
❑ shail immediately return
IO [he
, and that the Sheriff of the county in which the property is located is
authorized and directed to effect repossession of such property according to M.S. § 491AA1 subd.5, and tum the
property overto
❑ Other / � Memo �. j/ - ` �1=� _ .
_ .1,-
; '_
iuocMeNr
NOi10E OF
)UCGMBR
�scwn
OF JUIXiMFSlf
Judge:
-------�
_.,�... —"'i�
JUDGMENT is hereby declazed and entered as stated in the Court's Order for Judgment set forth above, and the
judgment shall become finally effective on the date specified in the notice of judgment set forth below.
Dated:
Court Administrator/Deputy:
TFIE PART7ES ARE HEREBY noufied rhat Judgment fias been entered as indicated above, but rhe Judgment is stayed by law unui
y ���' _ ccq p.m. (to allow ume fur an appealhemoval if desired).
L___ - ,
DATE TIME
THE PARTIES ARE FURTHER N0ITFIED that if the cause is removed to disirict court and the removing pany does not prevail as provideA in
Rule 524 of the Minnesota General Rules of PrncUCe for Ne Disaict Courrs, rhe opposing party will be awardW $50 as cosrs.
Dated:
Coutt Adminis�atoc/Deputy:
I ceRify tha[ the above is a coirec[ nanurip[ of the Judgment entemd by this Court.
Daud:
Coun Adminis¢amdDepury:
PLAINTIFF'S COPY - READ REVERSE SIDE FOR IMPORTANT INSTRUCTIONS _
���9,
u
COUNTY
JUDICIAL DISTRICT
S6C0(ld
su6d
District Court
CASE NO.
CX-99-8020
ORDER FOR
DISCLOSURE
INC.
THIS 1S
•
ORDER WNICH
T0: G.B. CORE INC. - GLENN CORE (OWNER)
JUDGMENT DE6TOR
Within 10 days you must:
1. Filf out the attached Financial Disclosure Form describing your personaf finances.
2. Mail th+s completed form to the JUDGMENT CREDITOR at the address stated in the box befow.
WARNING: IF YOU DO NOT COMPLETE AND MAIL THE DISCLOSURE FORM TO THE JUDGMENT
CREDITOR WITHIN 10 DAYS, THE JUDGMENT CREDITOR MAY ASK THIS COURT TO HOLD YOU IN
"CIVIL CONTEMPT OE CQURT." lF THE COURT DECIDES THAT YOU INTENTIONALLY DISQBEYED TNIS
ORDER, TNE COURT MAY FINE YOU, PUT YOU IN JA4L, OR BOTH.
This order was issued because:
1. The JUOGMENT CREDITOR has won a judgment in the lawsuit against you;
2. The Court Administrator recorded the Judgment in the o�cial judgment docket more than thirty (30) days ago;
3. You fiave not paid the JUDGMENT CREDITOR ail of the money which the judgment says you owe; and
4. You and the JUDGMENT CREDITOR have not agreed to some other way to settle the debt you owe.
Matl the Ftnancial Disciosure Fortn to:
DENNIS W. WOLFE
Mlp-NORTHERN ELECTRICINC.
Jt1DGMENT CREDITOR'S Name
2815 DODD ROAD
Address
EAGAN MN 55121
City/SUte Zip
651-452-3996
Telephone
BY THE COURT:
10l12l1999 Michaei G. Moriaritv
Date Court Administrator
� � �a��
�Y / ! ( CG�LtI� �{ "�—
Deputy
. Distribution: Original for fiIe Copy for Debtor (� mailed Qdelivered on 10/12/1999 ) Copy for Creditor( � mailed Qdelivered on 10/12/1999 )
vs.
READ REVERSE SIDE FOR IMPORTANT INS7RUCTIONS
llCF-23 (8t84}
Affidavit for Order to Show Cause
�
�
State of Minnesota
DI��/ w5 <��,�
s� a,s�,�<< eo4� � I
.L ��STRICT CASE h0 I
e niJ �' X - �'S'-c�'Oa0 I
YYI. D- IJoR`t�»e � 1 ec_7`,e; �
vs.
%J �-�/) �_.," n`c �.'.;;' T a ) �
Plaintftf '
�7'yj ','tt�..�y^'•:�*f''5.�.�
�efendarii x
A�FlDAV1T IN SUPPORT OF
ORDER TO SHOW CAUSE
.1«' •
_ .' '_'�.1�"
:? v1'sFY'�v�, , " _. - _ . .
i5:4y �YS6� _.... -.... - .
°'``''' '�'�'� State of Minnesota
Counry of ! � �/�
1
�
.
m; �, 1o (c"th2�ti ��e �'n2r � , the JUDGMENT CREDITOR in the above named mz!ter,
makes the tollowina statement under oath:
That the JUDGMENT CREDITOR filed a Request for Order for Disciosure 2nd that an Order for Disclosure
was issued by the Clerk of this Court on �CTc� �j £2 1'� � 5' S�7 ,
That more than ten (10) days h8ve gone by, plus time allowed for mailing, and the JUDGMENT DEB�OR
has failed to provide the information requested by the Order for Disclosure; and
That the judgment has not been satisfied.
Therefore, the JUDGMENT CREDITOR asks the Court to issue its Order, directing the JUDGMENT DEBTOR
to appear and show cause, if any, why the Court should not find the JUDGMENT DEBTOR in civii con-
tempt fior intentionaily faiiing to obey the Order for Disciosure.
Subscribed and sworn to before me
on , s�t� � , 1 s LL— .
.
!. HOCH
—MINNESOTA
a�; ?,�.�
JUDGM�^1T CRE�ITOR'S Authori ed sig ture ar.d ?�::e
�l �iuJts L..'(.JOt��.
Print JUDGMENT CRe0170R's Name
� � .�.�.�Lt�+COrt�E�kesJen.31.2000; �. .. - " . - .
� �+ s t x:�. �
� _ .0 .� - s�SMa%��� - �.'9= �. . __ . , y, z .
�
'�:�_
State of Minnesota /� /
' ' County of Ramsey L/ /� 9`
JERRY LESNAH
MID-I30RTHERN ELECTRIC INC NOTICE OF CASE E'ILING
2815 DODD RD
. EAGAN MN 55122
Case Title: MID-NORTHERN ELECTRIC INC., [58987650)
vs. G.B. CORE INC., [589876507
You are notified that case number CX-99-8020 has been assigned
to this matter. Please include this number on all subsequent filings,
including correspondence, to this office.
ASSIGNED TO:
Dated: Oct 13, 1999 By:
.
.
Court Administrator
.---
�
�
•
e
�
�ss'�
�_ �
7anuary 4, 2000
Ramsey CounTy Disirict Court
Civil Division, Room 600
IS West Kelloga Boulevazd
St Paul, Minnesota 55102
Re: Case Number CX-99-8020
Dear Sir:
Enclosed is a check in the amount of $10.00. Please issue a writ of attachment.
Thank you.
Jerry Lesnau
Office Manager
Mid Northern Electric
a1- q�
MID-NORTHERN ELECTRIC
Commercial. Industrial and Residential Wiring
2815 Dodd Road, Suite 101 • Bagan, Minnesota 55121 • 612/452-3996 � Fax 612/686-4987 __
rIID-NORTHERN ELECTRIC INC
2815 DODD RD
EAGAN MN 55122
•
State of Minnesota
County of Ramsey Ql� (a
!
NOTICE OF CASE FILING
Case Tit1e: MID-NORTHERN ELECTRIC INC., [58987650]
vs. G.B. CORE INC., [58987650]
You are notified that case number CX-99-8020 has been assigned
to this matter. Please include this number on all subsequent filings,
including correspondence, to this o£fice.
REE'EREE MUSKE SIGNED A CIVIL ORDER EOR WRIT OF ATTACFII�IENT QN 12-27-99.
THERE IS A$1Q.00 FEE REQLTIRED TO I5SL7E A WRIT OF ATTACFiMENT. ALSO,
IE YOtJ HAVE A BIRTH DATE AND/OR PHYSICAL DESCRIPTION, PLEASE INCLUDE
THIS INFORI�SATION. THAI3K YOU.
Dated: Dec 30, 1999
�
Court Administrator
C �
J
•
State of Minnesota
County of Ramsey
aJ-9/
MID-NORTHERN ELECTRIC INC NOTICE OF CA,SE FILING
2815 DODD RD
EAGAN MN 55122
•
Case Title: MID-NORTHERN ELECTRIC INC., [58987650)
vs. G.B. CORE INC., [589876507
You are notified that case number CX-9S-8020 �as been assigned
to this matter. Please include this number on all subsequent filings,
including correspondence, to this oFfice.
REFEREE MUSKE SIGL3ED A CSVIZ, ORDER FOR WRIT OF ATTACHMENT 013� 12-27-99.
TAEF2E IS A$10,00 E'EE REQi3IRED TO ISSL3E A WRIT OF ATTACHMEN`I'. ALSO,
IF YOU F3AVE A BIRTH DATE AND/OR PHYSICAL DESCRIPTIOI3, PLEASE INCLL3DE
THIS INFORMATION. THANK YOU.
Dated: Dec 30, 1999
\_J
�
�
Court Administrator
: � �^ ,� '��-"-
-� :� �� �-"�',� � ��`
s . ;., � _ - ;�� �-` �r-� �,
�
� �.w _., � �„
.. _ .. -,.r;�:'�'���-'�'��
_ - _ ..�., :�-�r��
°'�JERRY LESNAH
MID-NORTF�ERN ELECTRIC INC
2815 DODD RD
�AGAN MN 55122
����/
NOTICE OF CASE FILING
Case Title: MID-NORTHERN EI,ECTRIC INC., [58987650]
vs. G.B. CORE INC., [58987650]
You are notified that case number CX-99-8020 has been assigned
to this matter. Please include this number on all subsequent filings,
including correspondence, to this office.
ASSIGNED T0:
Dated: Oct 13, 1999
•
State of Minnesota
County of Ramsey
�
Court Administrator
L J
� �`.t
�£
,�-
_ E � 3 Y`� ��# _� ' ' `{'y
.,_ -.- "c —H - S T S}3$ -
_ � x � �
..w . :.. � M`it:� �:1-..-' ....�r ' r�. . ..SKie ,�>Fia"��� _
i
STA'T'E OF NIINNESOTA
�
DISTRICT COURT
��f �f
� COiJNTY OF RAMSEY SECOND JUDICIAL DISTRICT
1�-NORTE3ERN ELECTRIC INC.
vs.
Plaintiff,
G.B. CORE INC
CIVQ, ORDER
FOR
WRIT QF ATTACHMENT
Court File No.: CX-99-8020
Defendant,
The ahove entitled matter came on for a hearing on the 27TH day of December, 1949.
at 10_15 (a.m.) before the undersigned Referee of District Court. Although given sufficient and
proper notice of this �iearing, the �ldefendant failed to appear or to present any reasonable
A.ul �u�7/
grounds fos�doing so. Therefore;
IT IS ORDERED that a Writ ofAttachment be issued for the arrest of said person, and,
•
IT IS FIJRTI�R OI2DERED that, subsequent to an said person GLENN CORE
shall:
Be retained in custody and brought before the undersigned at the eariiest
opporiunity, or in the absence of the undersigned, the neat available District Court
7ud�e. - - -
Be admitted to cash bail in the amount of
ap r before the undersigned.
and scheduled to
Complete and surrender to the arresting agency, the attached form known as the
"FINANCIAL DISCLOSURE FORM". Upon completion of this form, the person
may be released with no need for further appearance, and the officer shall ensure
that the form is marked with the file number above and retum it to the Civil Court
Administrator's office.
• Dated: �y---�i� � �
RE V 5/99
BY URT:
Referee ofDistrictl urt
� � �� ; � i � G
� .�, s.�f s a� ` l !
�,- /
STATE OF MINNESOTA
COIR3TY OF RAMSEY
�
In Re: MID-NORTAERN ELECTRIC INC., [58987650]
vs. G.H. CORE INC., [58987650]
Case Number: 62-CX-99-008020
MID-NORTHERN ELECTRIC INC
2815 DODD RD
EAGAN MN 55122
N O T I C E O F D O C K E T I I3 G
.
� I� rS / Page 1 of 1
! 7l
SECOND JUDICIAL DISTRICT
ST. PAiTL, MINNESOTA 55102
O F J U D G M E N T
You are hereby notified that a Judgment was entered on April 8, 1999
in favor of MID-NORTHERN ELECTRIC INC., [58987650]
and against G.B. CORE INC., [S8987650]
and was duly docketed on September 3, 1999 at 08:28 a.m. in the amount
of $4,218.84. Costs and interest will accrue on this amount from
the date of entry until the Judgment is satisfied in full.
A true and correct copy of this notice has been served by mail upon the
parties named herein at the last known address of each, pursuant to the
Minnesota Rules of Civil Procedure.
Michael G. Moriarity, Court Administrator-Civil Div.
Dated: September 3, 1999
By AMY GELHAR
Deputy
651-266-8256
��
•
CDSCJlQ � (� f �'!
6G0 I/90 � 1 I V�X 4 ll � � I� I %� Ali AU.07, wbd.$ SS0.0t I
�1`9�
=m � D -nl o�l�e�� � iecTK� � .�,n� �
a8�s Do�p t2�Rd ��ni
.�q��� /71 N SSiaa,
Pfaintiff,
vs.
G a. C aR E Trv c
$4� !�� E,�ee t3ur�E2 ���, � E E
� �a� I� m na 55! o�
Defendant.
TO: THE COURT ADMINISTttATOR CONCERNING:
REQUEST FOR
ORDER FOR
DtSCLOSURE
GSE NO.
�,.6.CoRE TN�
COwNE�2) �le�N (�PR�
JUDGMENT DEflTOR'S NAME
Sq� �ieR(°e S�,�S.eR )Zo�c E
Address
s� Q,q-ut rn� ss�o�
City/5tate
Zip
The )UOGMENT CRED4TOR states that:
1: The )UDGMENT CREDISOR fias won a}udgment in this lawsuit against the jUDGMENT DEBTOR.
2. The Court Administrator recorded the judgment in the official judgment docket more than thirty {30) days ago,
�,,. 3. The JUDGMENT DEBTOR has not paid all of the money which is owet! to the )UDGMENT CREDITOR, and
� 4. The JUDGMENT CREDITOR and the jUQGMENT DEBTOR have not agreed to some other way to settle the debt.
� The JUDGMfNT CRED{TOR REQUE5T5 that ifie Court order the JUDGMENT DEBTOR to fill out a financiai
,Disclosure form, and maii it to the )UDGMENT CREDiTOR at the address shown befow.
The statements made in this request are true and
correGt the best of m� ow edge.�
Yt.<r+zTp �.r.
` tS .
1UDG T CREDITOR'S Authoriz d sign ure and tide
Print JUDGMENT CREDtTOR'S Name
d81 S' %�a D 6� n A�
Address
�'t��,� m,� ssrar
cmrsu�e z�v
�s/-4sa- 399�
Telephone -
1UD�CW. D�SiRICT
_ � - .._._ �._ .......�.<..ti.e� + _ ..,..-.��..... ��.�.:::-=W...r..��. " , _.� .� _ d, . ,;;.' - . w � -�=
n�Ka cm� da�rwew� e�,�a �
_ ". „;'�> ,� �- - - ,„.
-- - - . _ r ." s .'-�"`�_"_ �
COUD7 OF MTNIVESOTA,
TI' �F RAMSEY
°"'�"� CERTIFICATE OF SERVCCE OF PROCESS � J"�/
I hereby certify ttiat on the � day of � L(.
, 19 ��/ in [he Counry of Ramsey, State of ivlinnesota, I duly served the following:
_ Affidavit "
__ Nor'ce of Cancell t'
����t and Order in
Supplementary proceedings
__ Execution & Notice of Lew
� Financial Questionnaire
� Gaznishment Summons
� Motion
_Notice oFMotion
_ Other
��N THE FOLLO WIIVG PARTY:
_ By personally Ieaving a copy with
_$y leaving a copy at the place of
a ion of
Corract for Deed
,_ Orde; [o Show Cause and Ex Patte
Tem�oryry Order for Protection, Pe[ition &
Affi�avit
_____ Ord� ior Harassment Hearing
____ Ordz; .o Sho�v Cause
� Orde: to Shorv Cause/SIS by
Exhibicing Si�nature of the
Hanomble
._ lnteaogatories and Demand for Production of Documents
' �- La� �G
Fct,d �'a � Z – 'Nla�aqtf'
I lefr with
attendanceand ]m ei g
CERTIFIGATE OF NONSERV7CE
ce��l' �at I received the attached civil process on forc
'd that after a due and diligent search and cacefui inqui
the fofiowing p�on(s):
- - . . � I � �� a���
Time and Date:
Sed process is retumed
on Unimown at Address
uch Address
n Moved, New Address Unknown
e � e7�S O Lf
. a - •S"o
s
—�_
$ �SD
/- _-
CERT � C� � ��
sum of $
�_ gamishment/fevy fees
the sum
� � � J � _.�� � �
� � � • ' .�` � r __
�
Date:
�---�..____ �-___—_
_ Petition
_ Subpoena
_ Summons
_ Summons & Complaint
_ Summons & Complaint in
Unlawful Detainer
____ Summons & Petition
_ Writ of Restitution
's usual ayode with
a person of sultable age and discretion then residing therein
witness fees for
: to find or make service of said r
p ocess
ae and Date:
�. _
-^ 4 (5199)
.ro ShoW Cause
MID-NORTkiERN
G.B. CORE, 4NC.
�s.
� �� / / M.S.487.3U
Civil
�ICIAL Dff
Second
a999
Depury ORDER TO
SHOW CAUSE
.
� � ��.,�
.. �r �.;,� i i.;;s
�ry:� _ . �`� �
� �
Upon reading the Affidavit in SuppoR of Order to Show Cause, and upon ail of the files and records and the
motion of the JUDGMENT CREDITOR;
� fT IS ORDERED, that G.B. CORE, INC., the JUDGMENT DEBTOR, personally appear
before the Court at Ramse County Courthouse,�15 W. Ketlogg Blvd., St. Paul, Minnesota 55102
ROOM
. COURTROOM
On December 27 1999 ,at 10:15 (a.m.), and show cause why the JUDGMENT DEBTOR
DATE
should not be ad}'udged in contempt of court for failure to provide the information requested by the Order for
Disclosure.
oated ll /�( � � _
,
. ..'rn.f��� ��' _
�W`
o�-9i
MID-NORTHERN ELECTRIC
�
�_ _
December I, 1999
Commercial. Industrial and Residential Wirina
(
�� L `-�`� r �
✓ `s
Ramsey Counry Sheriff
Attn: Civil Process
14 West Kellogg Blvd.
St Paul, MN 55102
Dear Sir:
C;
�;,;- %y3,G'/'
I am zequesting that the Ramsey County SherifF ofFice serve notice of Ordec To Show Cause to
G.B. Core, Inc. I am enclosing the original Order along with a copy . The address of the plainriffbeing
served is 893 Pierce Butler Route E, St Paul, MN.
After the notice is served, please mail the completed forms to my attention in caze of Mid Northem
Electric, 2815 Dodd Road, Suite 101, Eagan, MN 55121.
I am enclosing a check in the amount of $35.80, which is the fee I was quoted.
If you need any more information, please call me at 651-4523996
•
Thaal you
� J 2 '�� ��f�Y.4c-�
em, Lesnau
Qffice Manager
Mid Northem Electric
_ _ _ _ _ _ _ __ _ = �: �: � � � ';: .� , `. -_= -'_ ° �., � 0 � 8 5 �= �
- � - � �.
-_ MID-NORTHERN ELECTRIC, �INC. - - . _ - , � _ _ _- *� -__�=`�' - ���...- �=.,.,-.,-_--,�.
-' 2875 DODDFAR�N MN��5512H 4523996 - , _ � - ^ - ; w � Y �
s
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'^.ra'� - -� _ '�.' _ �- �•-�_ ..e_:s'DATE = i '�" '.s °ca
7 0 TFiE - "- ` _ � � "" _ - _ ', -: > " _ °�. `��° '=�-° - " _: � �',.�..,,
-0RDEROF ! � - „"`--°"' "`� � ^- •;%r'_."'-+.+i=��"""-,�;�
_^ '.s _ `� � ` y .. �
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?rotect the Earth
Page 1 of 5
�l' L f
� Saint Paul - Ramsey County
�, �epartment of Public Health
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��� Protect the Earth
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PROTECT YOUR CONIMUNITY BY MAHING SivIART CHOICES ABOUT:
Household Hazardous Waste Products you use at Home
Many household products you use to clean your kitchen and bathroom, maintain your car and
home, and control animal and insect pests contain hazardous materials. If you use or store
these products carelessly, you can make your family and yourself ill. If you dispose of them
improperly, you can harm waste disposal workers, water quality and wildlife. When these
products are no longer needed or useful, they are considered household hazardous waste
(HHW).
Household hazardous waste (HHW) has at least one of the following properties:
. Toxic - Poisonous or causes long-term illness (such as cancer)
. Reactive - Can explode (when exposed to heat, water or shock)
. Flammable - Burns easily
. Corrosive - Eats through materials (acid, for example).
. If you see these SIGNAL WORDS on a product label:
WARNING! Corrosive �QQP out of reach of
children
Danger'. POISON'. Aispose of properly
Caution Flammable Use with adequate ventilation
THEN:
. Consider buying a less toxic product.
. Read the directions before you buy.
. Follow the directions carefully.
. Read and understand the first aid instructions.
• IF YOU HAVE LEFTOVER PRODUCT:
http://www.co.ramsey.mn.us/PH/pro_erth.htm
10/3/2000
;'rotect the Earth
Page 2 of 5
�1�91
. Keep it in the original container and make sure it is labeled.
� • Store as directed on label, in an area saFe from children & pets.
• Give leftover product (except pesticides) to someone else who can use it up.
. If none of these options �vork, be safe and bring the leftover product to a Ramsey County
Household Hazardous Waste collection site. Call (6�1) 773-4488 for a recorded message
on site locations and operating hours.
DISPOSAL OF HFIW IS COSTLY!
Bringing HHW to collection sites is much better than putting it in the trash, but disposal is
costly. Waste collection and disposal is funded by the waste management service charge which
is paid with the property tax. Sefore you buy, consider the following costs to process and
dispose of:
Latex paint -$5.00 per gallon, Oil base paint -$9.00 per gallon, Gasoline/solvents -$3.45 per
gallon
Remember: it costs less to buy only what you need and to use what you buy.
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WAYS TO RECYCLE HOUSEHOLD HAZARDOUS WASTE:
• FLUORESCENT AND HIGH INTENSITY DISCHARGE (ffiD) LAMPS
. These lamps are very energy efficient and long-lasting. Using them will help lower our
electric bills and may reduce the need to build new power plants. However, fluorescent
and high intensity discharge (HID) lamps also contain a small amount of inercury, a toxic
metal that can affect the nervous system. For this reason, it is now illegal to dispose of
these lamps in the trash. I3ID lamps - such as mercury or sodium vapor lamps - and
fluorescent lamps are now being recycled in Minnesota. The Ramsey County HHW sites
will accept only HOUSEHOLA fluorescent and HID lamps.
. For information on recycling lamps from businesses, call the Saint Paul - Ramsey County
Department of Public Health, Environmental Health Section at (651) 773-4466.
MOTOR OIL AND OTHER AUTOMOTIVE FLUIDS
. In Minnesota, it is illegal to put used motor oil in the trash, on the ground, or in sewers.
State law requires anyone who sells motor oil to either accept used oil or post the nearest
location for used oil drop-of£ Other automotive fluids, such as brake, transmission, or
power steering fluid, must also be recycled, and can be mixed with used oil for recycling.
Oil contaminated with antifreeze or solvents cannot be recycled. Many automotive service
stations now recycle used antifreeze. Used antifreeze may be poured down a sanitary
. sewer (through the toilet or laundry tub drain). Always flush with plenty of water. DO
NOT pour down the drain if your home is connected to a septic system. DO NOT pour
down a stormwater sewer. Take it to a friend's house connected to a sanitary sewer or to
http://www.co.ramsey.mn.us/PH/pro_erth.htm 10/3/2000
Protect the Earth
Page 3 of 5
D/
a service station that accepts antifreeze for recycling. Starting in January, 1997, it will be
illegal to dispose of antifreeze in sanitary sewers.
� . For a listing of used motor oil and antifreeze recycling outlets near you, call (651) 633-
3279 (TTY for the hearing-impaired: 651- 649-3005}.
MOTOR OIL FILTERS
. It is illegal to put used oil filters in the trash. To recycle them, used oil filters should be
thoroughly drained. Some hold up to one quart of oil. Some locations that accept used
motor oil may also accept used oil filters.
. Call (651) 633-3279 �or a list of outlets near you.
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WAYS TO MANAGE MATERIALS NOT ACCEPTED AT COLLECTION SITES:
AMMUNITION AND EXPLOSIVES
. Call your local police department for instructions on safe management.
APPLIANCES
. It is illegal to dispose of washers, dryers, refrigerators, microwave ovens, conventional
• ovens, stoves, ranges, air conditioners, trash compactors, disposals, dishwashers, freezers,
hot water heaters, residential furnaces, and dehumidifiers in the trash. They can be
picked up by an appliance recycler, or taken to a processing center where hazardous
components are removed and the scrap metal is recycled.
. Call (651) 633-3279 (TTY: 651- 649-3005) for names of appliance recyclers or the
location of a certified appliance processing center.
ASBESTO5 WASTE
. Asbestos tile, siding and insulation waste, if removed by a homeowner and not an
asbestos abatement contractor, may be disposed in the trash. For proper disposal, the
waste should be dampened with water, enclosed in one 6-mil or in two 3-mil piastic trash
bags, and labeled: Danger, contains asbestos fiber Avoid creating dust Cancer and lung
disease hazard.
. Ask your trash hauler if they will pick up a household quantity of asbestos waste. If they
do not pick up asbestos waste, call (651) 633-3279 (TTY: 651- 649-3005) for assistance.
. For information on safe ways to remove asbestos-containing material, call the Minnesota
Department of Health at (612) 627-5019.
BATTERIES
• . Lead Acid batteries are car, motorcycle or marine batteries. Under State law, anyone
who sells lead acid batteries must accept up to �ve used batteries, free of charge, even
from non-customers.
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Protect the Earth
Page 4 of 5
�1-�1
. Button batteries are small, disk-shaped batteries used for hearing aids, watches, and
other small devices. Many retailers (such as PROEX Photo) who sell them accept the used
• batteries for recycling when you purchase new ones. These also can be disposed of in the
trash.
General purpose batteries include alkaline, carbon/zinc, or heavy-duty types, and are
used in toys, flashlights, and portable radios. Most of these batteries are not recyclable. In
Ramsey County, used general purpose batteries can be disposed in the trash.
Rechargeable batteries are a type of reusable general purpose battery. The newer
rechargeable alkaline batteries may be disposed of in the trash. Other types, including
Nickel-Cadmium (or Ni-Cad) batteries, and the appliances that contain them, may not be
disposed of in the trash. The batteries can be taken to one of several outlets (such as
Radio Shack) for recycling. Some places that sell lead acid car batteries may also accept
rechargeable lead acid batteries for recycling.
For a listing of places in Ramsey County that accept lead acid, button, or rechargeable
batteries, call (651) 633-3279 (TTY: 651- b49-3005). If you do not know what type of
battery you have, call the Environmental Section at (651) 773-4444 for assistance.
DffiED PAINT
. Dried latex or oii-based paint may be safely disposed of in the trash. Call (651) 633-3279
(TTY: 651 - 649-3005) for information on how to safely dry latex paint. It is not safe to
dry oil-based paint at home. Instead bring liquid oil-based paint to a household
• hazardous waste collection site.
EMPTY CONTAINERS
. Product containers such as aerosol cans, when they are completely empty, may be safely
disposed in the trash.
NON-HOUSEHOLD BU5INESS WASTES
. The Itamsey County Household Hazardous Waste collection sites accept only household-
produced wastes. Non-household waste that is hazardous must be managed as a business
hazardous waste.
. Call the Saint Paul - Ramsey County Department of Public Health Environmental Health
Section, at (651) 773-4466 for more information.
SMOKE DETECTORS
. Smoke detectors that contain a small amount of radioactive material should be retumed
to the manufacturer for disposal. I£ that is not possible, dispose of detectors in the trash.
TIRES
• . Anyone who sells tires is required to take back as many tires from a customer as that
customer buys. There also are places that will accept used tires for a fee.
http://www.co.ramsey.mn.uslPH/pro_erth.htm 10/3/2000
Protect the Earth Page 5 of 5
� !' q'/
. For information on tire recycling, call (651) 633-3279 (TTY: 651- 649-3005).
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MORE INFORNIATION CALL:
.(651) 221-2113 Ramsey County Poison Control, in case of accidental exposure.
.(651) 633-3279 for more information about HfIW and for ways to safely handle HII�V not
listed on these pages. TTY for the hearing impaired: (651) 649-3005
.(651) 773-4488 for a recorded message on hours and locations of Ramsey County's HI�W
collection sites.
•(651) 777-8156 Ramsey County Extension Service, for proper use of garden pesticides.
.(651) 773-4444 Saint Paul - Ramsey County Department of Public Health, Environmental
Health Section, for information on the HHW management program.
� JJ�JJ�JJJJJJJJJJ�JJJJJJ��IJJ� JJJ� JJJJJ� JJJVJ�JJI
MAHING SMART CHOICES WHEN MANAGING YOUR
HOUSEHOLD HAZARDOUS WASTE
WILL PROTECT TAE EARTH
NOW AND FOR FUTURE GENERATIONS.
• L��Return to top of oase
��
•
;.J"1��i �� ':
http://www.co.ramsey.mn.us/PH/pro_erth.htm 10/3/2000
•
6
�
�
sAtNi
PAUL
�
AAAA
CITY OF SAINT PAUL
Norm Co(eman. Ma}•or
SEPTEMBER 21, 1999
TpM O'MEARA
2851 CAVELL AVE S
ST LOUIS PK MN 55426
DEPARTMENT OF FIRE AND SAFETY SERVICES
Timothy K. Fuller, Fire Chief -
DIVISIONOFFIREPREVENTION D 7—� J
Steven Zaccard, Fire Marsha!
� /
jpp E¢st Eleventh Street Telephone: 651-228-6230
Saint Paul, MN 55101 Facsimile: 651-228-6247
RE: 89 PIE �RCE BUTLER ROUTE C 88�893 C No�. o UnIONS
�
Dear Property Representative:
On AUGUST 20, 1999, a Certificate of Occupancy inspection was made of your building at the
above-property location. Approval for occupancy will be granted upon completion of tt�e attached
Corrections List. The items on the list must be corrected immediately. A reinspection will be
made after OCTOBER 21 1999, or as othenvise noted.
Failure to do so may result in a citation or the revocation of the Certi�icate oE Occupancy. Tha
Saint Paul Legislative Code requires the maintenance of a Certificace of Occupancy. The Saint
Paul Legislative Code also provides for the assessment of reinspection fees equal to one-half of
the cercificate fee for each inspection beyond the first reinspection.
AT LIST OF CIES RE T�IR RESPONSIBIL TY A� OF THE
For inquiries about orders or requests for altemative methods of compliance, call me at 228-6235
between 7:30 a.m. - 9:00 a.m. If you consider theseli a�t ons for appeals may be the
may appeal to the Leoislative Heazin,, Officer. App �
City Clerks Oftice, 170 City Hall (266-8989) within 10 davs of the date of the oriRinal orders.
Corrections requiring construction, electrical, plumbing, heating, sprinkler or gas piping woik
must be done under permit and with the approval of the Building Inspection and Desion Division,
350 St. Peter S[reet, Suite 310, Saint Paul, Minnesota 55102, (266-9090).
Please help to make Saint Paul a safer place in which to live and woik.
Sincerely,_, �
' _ _. �,�.� �.��'� sn
,� ry,r
S. J. WING�;-�Pspector - i �
�
Attachment(s)
Cors-3
�l
DEFICIENCY/CORRECTION LIST
SEPTEMBER
�AGE 2
E: 893
21, 1999
PIERCE BUTLER ROUTE 887-893
1. PROVIDE HANDRAIL AT EXTERIOR
STAIRS (889).
34.32(2).
STAIRS, PORCHES, DECKS, RAILINGS.
2. REPLACE BROKEN EXTERIOR WINDOWS
ON BUILDING (893).
34.32 (3) .
EXTERIOR WINDOWS, DOORS.
3. PROVIDE HAZARD SDENTIFICATION
PLACARDS AS PER THE ATTACHMENT
HM-1.
MUFC 8001.7.
704 PLACARDS. PROVIDE HAZARD TDENTIFICATION PLACARDS
AS PER ATTACFIMENT HM-1.
�� . �'yY„s,a�- ;,�u� � �.;� c =.
., .�.��..
:"� �p= ��. �� ��
;� �
��'t".�'k � . ... P
v � �
. �
5. OBTAIN NEW CERTIFICATE OF
OCCUPANCY FOR BUILDING. TENANT
IN $93 REQUIRES A CHANGE OF
OCCUPANCY APPRQVAL FROM BUILDING
DEPARTMENT (266-9090). A NEW
CERTIFICATE OF OCCUPANCY C1�NNOT
BE ISSUED FOR BUILDINC, UNTIL THAT
IS RECEIVED. CONTACT INSPECTOR
FOR ADDITIONAL INFORMATION,
CURRENT CERTTFICATE OF OCCUPANCY
IS NO LONGER VALID.
33.05.
�'
61124
DEFICIENCY/CORRECTION LIST
SEPTEMBER 21, 1999
� AGE 3
E: 893 PIERCE BUTLER ROUTE 887-893
POST CERTIFICATE OF OCCUPANCY/OWNER INFORMATION.
POST CERTIFICATE OF OCCUPANCY IN A VISIBLE LOCATION.
6. PROVIDE ONE-HOUR RATED SEPARATIONS
BETWEEN 893 AND OTHER TENANT
SPACES. CONTACT INSPECTOR.
MUFC APPX 1-A (7},
OCCUPANCY SEPARATIONS.
m�� a � r CS k� � n �b ° 5.° �`R�7
'+.n *;- m,x' ,��'P"ssd�i."'m� ''� .
y �q -_. �+ �' � � Q^'U ew. k+.s'3�rs+9 1 e�fL`:� .
' �N )�'i1����Tyli�� �
J • � i � I � eY0 � �fi � � .
'"°�`�'�''�'^y�, J
y '@
�. � � �
8. REMOVE EXTENSION CORD 893 (AT
RETRACT CORD) A1�TD 889.
MUFC 1107.1.
SPACE HEATERS.
�9. REMOVE OBSTRUCTIONS AT FIRE
EXTINGUISAER IN SHOP (889).
RELOCATE FIRE EXTINGUISHER FOR
FUBL PUMP INSIDE PEDESTRIAN DOOR.
PROVIDE SIGN ON EXTERIOR OF DOOR
'FIRE EXTINGUISHER INSIDE' (889).
�---�
I` \
ol-q/
61124
MUFC 1001.5.1.
FIRE SUPPRESSION SYSTEMS—MAINTENANCE, INSPECTION, TESTING
AND SYSTEMS OUT OF SERVICE.
10. FIRE EXTINGUISHERS MUST BE
SERVICED ANNUALLY AND TAGGED
WITH DATE OF SERVICE (893).
MUFC 1001.5.2.
C�
o�- q �
DEFICIENCY/CORRECTION LIST 61124
SEPTEMBER 21, 1999
�AGE ?
E: 893 PIERCE BUTLER ROUTE 887-893
FIRE SUPPRESSION SYSTEMS-MAINTENACE, INSPECTION, TESTING
FIRE SPRTNKLER TEST. LICENSED CONTRACTOR MUST SERVICE
FIRE PROTECTION SYSTEM ANNUALLY AND PROVIDE WRITTEN
DOCUMENTATION OF SERVICE AND TEST.
FIRE EXTINGUISHER TEST.
11. POST AND ENFORCE 'NO SMOKII3G'
SIGNS ALL AREA OF 893 EXCEPT
OFFICES.
MUFC 7902.1.3.1.
NO SMOKING.
12. PROVIDE SELF-LUMINESCENT EXIT
SIGNS TO LEAD PEOPLE FROM
GARAGE AREA TO OFFICE EXIT IN
893.
MUFC 8001.6.
MSDS SHEETS. PROVIDE MATERIAL SAFETY DATA SHEETS ON ALL
FI,AMMABLE, COMBUSTIBLE, TOXIC, OR HAZARDOUS MATERIALS
OR CHEMICALS ON SITE. KEEP IN AN ORDERLY FASHION AT
A READILY ACCESSIBLE LOCATION. .
• 13. REMOVE OBSTRUCTIONS AT MEZZANINE
STAIRS (893) AND AT EXTERTOR
DOOR (889).
MUFC 1203.
EXIT OBSTRUCTIONS.
14. ALL WASTE/USED OIL SHALL BE
DRAINED INTO AND STORED IN
APPROVED CLOSED CONTAINERS.
CONTACT RAMSEY COUNTY
ENVIRONMENTAL HEALTH 651-773-4466
CONCERNING DRAINING ENGINES,
STORAGE, AND DISPOSAL OF SED
OIL AND RAGS/GLOVES. D
�.
�_ � ...
" ,,,vF��
MUFC 7901.7.5.
�
� � D/��/
DEFICIENCY/CORRECTION LIST 6112a
SEPTEMBER 21, 1999
_PAGE 5
�RE: 893 PIERCE BUTLER ROUTE 887-893
WASTE OIL STORAGE.
15. PROVIDE METAL CONTAINER WITH
TIGHT-FITTING COVER FOR OILY
RAGS P.ND GLOVES STORAGE.
MLTFC 1103.2.1.3.
CONTAINERS/WASTE RAGS.
16. PROVIDE 'EMERGENCY FUEL PUMP
SHUT-OFF INSIDE' SIGN ON EXTERIOR
OF PEDESTRIAN DOOR AT PUMPS AND
DOOR LBADING TO BAY WITIi SWITCH
IN IT. CLEARLY IDENTIFY SWITCH
LOCATION WITH SIGN 'EMERGENCY
FUEL SHUT-OFF' (693).
MUFC 4502.7.
FLAMMABLE LIQL7ID STORAGE/USE.
17. PROVIDE CONTAINMENT AREA FOR
QL3ANTITIES OF USED OIL EXCEEDING
120 GALLONS. MUST HAVE CAPACITY
FOR LARGER CONTAINER IN AREA,
� MINIMUM FOUR INCHES IN HEIGHT,
(893) .
MUFC 7902.5.7.
INTERIOR FLAMMABLE LIQUID STORAGE/QUANTITY.
18. PROVIDE ACCESS TO MED-CAB (887).
MUFC 103.3.
19. REPORTII�SG OF EMERGENCIES. IN THE
EVENT A FIRE OCCURS OR THE
DISCOVERY OF A FIRE, SMOKE OR
UNAUTHORIZED RELEASE OF FLAMMABLE
OR HAZARDOUS MATERIALS ON
PROPERTY OCCURS, THE OWNER OR
OCCUPANT SHALL WSTHOUT DELAY
REPORT SUCFI CONDTTIONS TO TI3E
FIRE DEPARTMENT.
MUFC 1302.2.
.
��"�/
DEFICIENCY/CORRECTION LIST 61124
SEPTEMBER 21, 1999
�AGE 6
E: 893 PIERCE BUTLER ROUTE 887-893
20. MARK ALL INTERIOR AND EXTERIOR
DOORS WHICH ARE BLOCKED BY
STORAGE AS 'DOOR BLOCKED' (893,
889). CONTACT INSPECTOR FOR
LOCATING OF SIGNS.
MUFC 902.3.2.
21. MAINTAIN MINIMUM 24 INCH CLEAR
SPACE FROM TOP OF STORAGE TO
CEILING OR ROOF STRUCTURE (889).
MUFC 1103.3.
22. OXIDIZING AND FLAMMABLE COMPRESSED
GAS SHALL BE SEPARATED BY A
DISTANCE OF AT LEAST 20 FEET OR
BY A NON-COMBUSTIBLE PARTITION
EXTENDING AT LEAST 18 INCHES
ABOVE AND BEYOND THE SIDES OF
STORED CYLINDERS. FLAMMABLE
GASSES SHALL NOT BE STORED WITHIN
FIVE FEET OF EXIT PATHS OR DOORS
• (893) .
MUFC 8001.11.8.
23. MAXIMUM IDEL PALLET STORAGE
HEIGHT IS SIX FEET IN
UNSPRINKLERED BUILDING. LOWER
STORAGE HEIGHT IN 893.
MUFC 81.
24. CONTACT INSPECTOR REGARDING THIS
TRAILER. EXTERIOR STORAGE OF
FLAMMABLE LIQUIDS (IN TRAILER)
EXCEEDING 120 GALLONS AGGREGATE
TOTAL SHALL HAVE ZONING APPROVAL
TO REMAIN IN LOT (651-266-9090)
IF APPROVED TO REMAIN, THEN THE
FOLLOWING ITEMS MUST BE PROVIDED:
1. CONTAINMENT AREA, MINIMUM
FOUR INCHES IN HEIGHT.
2. AIR INLETS WITHIN 12 INCHES OF
FLOOR ON ALL SIDES TO ALLOW
FOR VENTILATION.
3. AIR EXHAUST OPENINGS AT
CEILING TO ALLOW FOR HEAT
EXHAUST.
4. HAZARD IDENTIFICATION PLACARD
. ALL ALL VISIBLE SIDES OF
TRAILER 2-3-1.
MUFC 79.
CITY OF SAINT PAUL
Narm Co[eman, NIa}�or
JUl}'13, 2000
•
Glen E. Berhow
2530 Gemini Road
CTreen Bay, WI 54311
Re: 500 Bush Avenue
Dear Mr. Berhow:
OFFICE OF LICENSE. I\SPECT[O`S A�D
ENVIROV>1E�TAL PROTECTIO`
Roben Kesster, Direcror Q J /j /
� 7
LOWRY PROFESS70.4�L. Te[ephorce: 651-265-9�n�n
B(IILDING Facsimile: 651-266-9u�:/
Suite 30D
350 St. Peter Street
SaintPau(, blinnesota Si1G?-IS/0
The work being done on your building at 500 Bush Avenue, Saint Paul requires permit(s),
and since the use of the buildin� has changed, you would need plan review and approval
before the permit(s) could be issued. Please come to our office within ten business day to
apply for the permit(s) and have the plan review.
Failure to obtain permit(s) may result in legal action.
Sincerely,
Jim West
Building Inspector
•
CITY OF SAINT PAUL
Norm Cotempn, bfa�or
September 6, 2000
•
Glen E. Berhow
2530 Gemini Road
Green Bay, �VI 54311
Re: 500 Busla Avenue
Dear Mr. Berhow:
OFFICE OF LICE�SE, IvSPECTIONS AND
E�'VIRO��IE. iTAL PROTECTIOV
Roben Kest[er, Direaor �
�1
LOWRY PROFESSIO��AL 7elephorse.� 6�1-?66-9✓br�
BUILDI.VG Facsimi[e: 6�7-266-9i.�9
Suite 300
350 Sr. Pzter Street
Sainr Pau(, btiiv�esora 5510?-1310
We have not received any applications for permit(s) for the work being done on your
building at 500 Bush Avenue, Saint Paul, nor has any plan review been done. Please
come to our office within ten business day to apply for the permit(s) and have the plan
review.
Failure to obtain permit(s) will result in legal action.
Sincerely,
3im West
Bt�iZding Inspector
•
C>/'9/
� Chapter 310. Uniform License Procedures
Sec. 310.01. Definitions.
For the purposes of this chapter, any chapter of the I,en slative Code pertaining to licenses as
hereinafter mentioned, and subsequently enacted ordinances establishing ar relating to the
requirements for Class R, for routinely issued licenses, Class T for temporary licenses and Class
N for licenses in which neighbors are required to be notified, under authority of the City of Saint
Paul, the terms defined in this section shall have the meanings ascribed to them:
Adverse action means the revocation or suspension of a license, the imposition of conditions
upon a license, the denial of an application for the grant, issuance or renewal of a license, the
unposition of a Fne, the assessment of the costs of a contested hearing, and any other disci-
plinary or unfavorable action taken with respect to a license, licensee or appiicant for a
license. Adverse action includes any of the foregoing directed at one (1) or more licenses held
by a licensee at any location in the City of Saint Paul. Adverse action also includes disap-
proval of licenses issued by the State of Minnesota under statutory provisions wtuch permit
the governing body to disapprove the issuance oF the license.
Bond means a bond meeting the requirements of section 310.07 and indemnifying the City of
Saint Paul against ali claims, judgments or suits caused by, resulting from or in connection with
any licensed business, activity, premises, thing, facility, occunence or otherwise under these
� chapters.
Building offzcial means the official in the Office of License, Inspections and Environmental Pro-
tection charged with the responsibility of enforcement of the building code.
Chapters and these chapters shall mean this Uniform License Ordinance any chapter of the Leg-
islative Code pertaining to licenses as hereinafter mentioned, and subsequently enacted ordi-
nances establishing or relating to the requirements for Class R, Class T and Class N licenses under
authority of the City of Saint Paul.
Class R licenses means those licenses which can be approved and issued or denied by the director,
subject to the procedures required by these chapters. The following licenses are so classified, and
the numbers shown opposite them coirespond to the chapters in the Legislative Code pertaining to
each license:
Class T licenses means those licenses which must be approved or denied by the director, subject
to the procedures required by these chapters. The foliowing licenses are so classified, and the
numbers shown opposite them correspond to the chapters in the Legislative Code pertaining to
each license:
Class N licenses means those licenses which can be approved or denied only by the council, sub-
. ject to the procedures required by these chapters. The following licenses are so classified, and the
numbers shown opposite them conespond to the chapters in the Legislative Code pertaining to
C> 1
• each license_
Director means the director of the Office of License, Inspections and Environmental Protection,
unless otherwise defined in the specific chapter, section or subdivision refened to.
Division means the Office of License, Inspections and Environmental Protection as the successor
to the former division.
Fee means and includes both the license fee and application fee unless otherwise provided.
Inspector as used in these chapters means the director of the Office of License, Inspections and
Environmental Protection or his or her designee.
License means and includes all licenses and pernuts provided for or covered by these chapters.
License also includes licenses issued by the State of Minnesota under statutory provisions which
pernut the governang body to disapprove the issuance of such licenses, for the puzposes of making
procedures in Chapter 310 of the Legislative Code applicabie to the approval or disapproval of
such licenses.
Person means and includes any person, firm, corporation, partnership, company, organization,
agency, club or any group or association thereof. It shall also include any executor, administrator,
trustee, receiver or other representative appointed by law.
Zoning administrator means the official charged with responsibility for enforcement of the zoning
• code.
(Code 1956, § 510.01; Ord. No. 17085, § 1, 12-6-83; Ord. No. 17303, § 3, 10-29-85; Ord. No.
17569, § 1, 6-7-88; Ord. No. 17919, § 1, 3-31-92; C.F. No. 93-1645, § 8, 12-30-93; C.E No. 94-
46, § 6, 2-2-94; C.E No. 94-500, § 2, 7-6-94; C.E No. 94-898, § 1, 7-13-94; C.E No. 95-473, § 1,
5-31-95; C.F. No. 99-500, § 1, 7-7-99)
Sec. 310.02. Application.
(a) Fornz. All applicants for licenses or pernuts issued pursuant to these chapters shall make both
original and renewal appiications to the inspector on such forms as are provided by the division.
Such applications shall not be received by the inspector until completely filled out, accompanied
by all fees, insurance policies, bonds, deposits, sureties, and indemnifications or certificates
required by these chapters, together with the certification required in paragraph (b) below.
(b) Taxes. No person shall be granted a license or a renewal of a license required by the Saint Paul
Legislative Code unless, prior to and in addition to any other requirements, rules or ordinances
heretofore or hereafter required, the Ramsey County Department of Property Taxation certifies
that said applicant has paid any and all taxes, real or personat, before said ta�es become delin-
quent, on any property, real or personal, situated within the City of Saint Paul and used in conneo-
rion with the business operated under said license.
Notwithstanding the previous paragragh, the council, the director or the inspectar may issue or
• renew a license if it is found that:
01-��
• (1) The applicant has made an agreement satisfactory to the Ramsey County attorney to
pay delinquent taxes in periodic installments;
(2) The applicant has properly commenced a proceeding to contest the amount of tax due
or the valuation of his property, and has made all partial payments required by law in con-
nection with such proceeding; or
(3) The business properiy with respect to which taYes aze delinquent is not owned by the
applicant, but by a lessor, and it would be inequitable to require the lessee to pay such
taYes.
If a license is issued or renewed because of the e�stence of an ag�eement as described in subsec-
tion (1) above, the license may be revoked if the licensee defaults upon such agreement.
(c) Additional information. The inspector shall prescribe the information required to be submitted
by each applicant in his application, in addition to that required by specific sections in these chap-
ters, as may be necessary to carry out and en£orce any provision hereunder. He shall require in
every case the applicant to submit his name; business or corporate name; names of putners, offic-
ers, directors, shareholders or trustees involved in the business; age; address; description or blue-
print of the premises, if any, and the owner thereof, and locations and addresses of other business
locations in Minnesota.
(d) No reapplication within one (I) year after deniad or revocation. No person may apply for any
license within one (1) year of the denial or revocation of the same or similar license by the city
• council, if such denial or revocation was based solely or partially upon misconduct or unfitness of
the applicant, evidence of violations of law involving licensed premises, evidence that the appli-
cant had been involved in the operation of a nuisance, or fraud or decepUon in the license applica-
tion. A license is "similar;' within the meaning of this paragraph, if the basis upon which the
revocation or denial of the original license was made would have been a relevant basis on which
to deny or revoke a license of the type subsequently applied for.
(e) Reapplication after denial; "interest" of applicant in revoked license. An application by a per-
son having an interest in, ar whose shareholders or officers have an interest in, any premises or
enterprise whose license has been revoked or to which a license has been denied shall be treated
as an application by the person whose license was denied or revoked. The term "interest," as used
in this pazagraph, includes any pecuniary interest in the ownership, operaUOn, management or
profits of an establishment, but does not include: bona fide loans; bona fide rental agreements;
bona fide open accounts or other obligations held wifh ar without security arising out of the ordi-
nary and regular course of business of selling or leasing merchandise, fixtures or supplies to such
establishment; an interest in a corparation owning or operafing a hotel but havang at least one hun-
dred fifty (150) or more rental units holding a license in conjunction therewith; or ten (10) percent
or less interest in any other corporation holding a license.
(f j Prohibition on reapplication; exception. The prohibition on reapplication herein provided shall
not apply in cases where it is otherwise expressly provided by statute or ordinance.
• (g) Waiting period after filing of petition. Any petition required to be filed with the application for
any license shall not be considered as officially filed and arrevocable until seven (7) working days
o�-q�
. after a petition is received in the inspector's office. During the seven-day waiting period, any sig-
nator of any petition may withdraw his name therefrom by written request, and such request shall
be appended to the subject perition and made a part thereo£ After the seven-day waiting period,
signatures may not be withdrawn unless it is shown they were obtained by fraud or duress. Signa-
tures withdrawn or obtained by fraud or duress shail not be counted in determining the sufficiency
of the petirion. This subdivision shall apply in any case where the applicant for a license must
present a statement in writing signed by a specified number or percentage of persons that they
have given their consent to the grant of the license.
(Code 1956, § 510.02; C.F. No. 95-473, § 2, 5-31-95}
Sec. 310.03. Investigation and review of new applications, etc.
The inspector shall deternune the sufficiency and accuracy of each new applicarion and obtain
such criminal history information as may be used under Minnesota Statutes, Chapter 364, and is
otherwise available by law. The inspector shall make reasonable and appropriate investigation of
the premises or personal property, vehicles or facilities, as may be involved in or related to the
licensed activity, and shall request, where appropriate, the assistance of other city divisions or
departments in making additional investigations for the purpose of deternuning whether the appli-
cant is or will be in compliance with all applicable ordinances and statutes. The approval of such
other divisions or departments is not required for issuance of a license unless otherwise required
by specific sections in these chapters. All new applications shall be reviewed by the zoning
� administrator or his designee for compliance with all requirements of the Saint Paul Zoning Code,
and no new license shall be granted without full compliance with said requirements. All new
applications involving a premises, location, building or structure shall be referred to the director
of the department of fire and safety services and to the building official for investigation and reo-
ommendation.
(Code 1956, § 510.03; Ord. No. 17361, § 1, 6-5-86)
Sec. 310.04. Levels of approval; recommendations.
(a) Class R licenses. Where an application for the grant, issuance or renewal of a Class R]icense
meets all the requirements of law, and there exists no ground for denial, revocation or suspension
of, or the imposition of conditions upon, such license, the director shall grant, issue or renew said
license in accordance wath the application.
(b) Class T licenses. Where an application for the grant, issuance or renewal of a Class T license
meets all the requirements of law, and there exists no ground for denial, revocation or suspensaon
of, or the imposition of conditions upon, such license, the director shall grant, issue or renew said
license in accordance with the application.
(c) Class R and Class T licenses, if denied by director. In the event the director, in the case of both
Class R and Class T licenses, determines that the application for grant, issuance or renewal of the
license does not meet all the requirements of law or that there exist grounds for denial, revocation,
• suspension or other adverse action against the license or the licensee, the director shall recom-
mend denial of the application and follow the procedures for notice and hearing as set forth in sec-
•
�
Lion 310.05.
(d) Class N dicenses.
o/-q�
(1) Grant, issuance or transfer. Upon receipt of a fully completed application and required
fees for a Class N license, the director shali conduct such investigation as is required to
determine whether the application meets all the requirements of law or whether there exist
gFounds for denial or imposition of conditions on the license. The director shail, in writ-
ing, notify the council, and the affected neighborhood organization(s) established for citi-
zen participation purposes, of the existence of the application for all Class N licenses. In
any case where the directar recommends denial of the grant, issuance or renewal of a
Class N license, the director on his or her own initiative, or at the direction of the council,
shall follow the procedures for notice and hearing as set forth in section 310.05. If the
director is recommending issuance of the license, but the affected neighborhood organiza-
tion(s) or other interested persons give notice within thirty (30) days of receipt of notice of
the existence of the application (or within forty-five (45) days if the application involves a
liquor license) of objection to issuance of the license, the matter shall be refened for a
hearing before the legislative hearing officer, who shall give notice of the time, place and
date of the hearing to the affected neighborhood organization(s) and the applicant. The
legislative hearing officer shall take testimony from a11 interested persons and shall make a
recommendation to the council as to whether the matter should be referred for a hearing
before an independent hearing examiner in accordance with the procedures set forth in
section 310.05. Where the application for the grant, issuance or renewal of a Class N
license meets all the requirements of law, and where there exists no ground for adverse
action, the director shall issue such license in accordance with law.
(2) Renewal. The director shall in writing notify the council, and the affected neighbor-
hood organizarion(s) established for citizen participation purposes, at least sixty (60) days
before the expiration date of all Class N licenses. A public hearing on the renewal of any
such license shall not be held except on the request of a councilmember, which request
shall be incorporated in the form of a council resolution. Upon the passage of such resolu-
tion, the director shall give written notice of such hearing to the affected neighborhood
organizations. Such public hearing does not replace or amend any of the procedures set
forth in section 310.05 of the Legislative Code. If no request for a public hearing is made
before the expiration of any such license, and where there exists no ground for adverse
action, the director shall issue the license in accordance with law.
C�
(e) Appeal; Class R or Class T licenses. An appeal to the city council may be taken by any person
aggrieved by the grant, issuance or renewal of a Class R or Class T license; provided, however,
that the appeal shall have been filed with the city clerk within thirty (30) days after the action by
the director. The only grounds for appeal shall be that there has been an error of law in the grant,
issuance or renewal of the license. The appeal shall be in wriring and shall set forth in particular
the alleged errors of law. The council shall conduct a hearing on the appeal within thirty (30) days
of the date of filing and shall norify the licensee and the appellant at least ten (10) days prior to the
hearing date. The procedures set forth in section 310.05, insofar as is practicable, shall apply to
this hearing. Foliowing the hearing, the council may afFirm or remand the matter to the inspector
or director, or may reverse or place conditions upon the license based on the counciPs deternuna-
� l-q�
� tion that the decision was based on an error of law. The filing of an appeai shall not stay the issu-
ance of the license.
(fl No waiver by renewal. The renewal of any license, whether Class R, T or N, shall not be
deemed to be a waiver of any past violations or of any grounds for imposition of adverse action
against such license.
(Code 1956, § 510.04; Ord. No. 17455, § 1, 5-21-87; Ord. No. 17551, § 1, 4-19-88; C.F. No. 94-
500, § 1, 7-6-94; C.E No. 95-473, § 3, 5-31-95; C.F. No. 95-1517,1-31-96; C.F. No. 97-1446, § 1
12-30-97; C.F. No. 99-500, § 2, 7-7-99)
Sec. 310.05. Hearing procedures.
(a) Adverse action; nofice and hearing requirements. In any case where the council may or
intends to consider any adverse action, including the revocation or suspension of a license, the
imposition of conditions upon a license, or the denial of an application for the grant, issuance or
renewal of a license, or the disapproval of a license issued by the State of Minnesota, the applicant
or licensee shall be given notice and an opportunity to be heard as provided herein. The council
may consider such adverse actions when recommended by the inspector, by the director, by the
director of any executive department established pursuant to Chapter 9 of the Charter, by the city
attorney or on its own initiarive.
(b) Notice. In each such case where adverse action is or will be considered by the council, the
� applicant or licensee shall have been notified in writing that adverse action may be taken against
the license or application, and that he or she is entitled to a hearing before action is taken by the
council. The notice shall be served or mailed a reasonable time before the hearing date, and shall
state the place, date and time of the hearing. The notice shall state the issues involved or grounds
upon which the adverse action may be sought or based. The council may request that such written
notice be prepared and served or mailed by the inspector or by the city attorney.
(c) Hearing. Where there is no dispute as to the facts underlying the violation or as to the facts
establishing mitigating or aggravaring circumstances, the hearing shall be held before the council.
Otherwise the hearing shall be conducted befare a hearing examiner appointed by the council or
retained by contract with the city for that purpose. The applicant or the licensee shall be provided
an opportunity to present evidence and argument as well as meet adverse testimony or evidence
by reasonable cross-examination and rebuttal evidence. The hearing examiner may in its discre-
tion pernut other interested persons the opportunity to present testimony or evidence ar otherwise
participate in such hearing.
(c-1) Procedure; hearing examiner. The hearing examiner shall hear all evidence as may be pre-
sented on behalf of the city and the applicant or licensee, and shall present to the council written
findings of fact and conclusions of law, together with a recommendation far adverse action.
The council shall consider the evidence contained in the record, the hearing examiner s recom-
mended findings of fact and conclusions, and shall not consider any factual testimony not previ-
� ously submitted to and considered by the hearing examiner. After receipt of the hearing
examiner s findings, conclusions, and recommendations, the council shall provide the applicant or
ol-ql
• licensee an opportunity to present oral or written arguments alleging error on the part of the exam-
iner in the application of the law or interpretation of the facts, and to present argument related to
the recommended adverse acrion. Upon conclusion of that hearing, and after cottsidering the
record, the examiner's findings and recommendations, together with such additional arguments
presented at the hearing, the council shall determine what, if any, adverse action shall be taken,
which action shaIl be by resolution. The council may accept, reject or modify the findings, con-
clusions and recommendations of the hearing examiner.
{o-2) Ex parte contacts. If a license matter has been scheduled for an adverse hearing, council
members shall not discuss the license matter with each other or with any of the parties or inter-
ested persons involved in the matter unless such discussion occurs on the record during the hear-
ings of tt�e matter or during the council's final deliberations of the matter. No interested person
shall, with knowledge that a license matter has been scheduled far adverse hearing, convey or
atTempT to convey, orally or in writing, any information, argument or opinion about the matter, or
any issue in the matter, to a council member or his or her staff unul the council has taken final
action on the matter; provided, however, that nothing herein shall prevent an inquiry or communi-
cations regarding status, scheduling or procedures concerning a license matter. An interested per-
son, for the purpose of this paragraph, shall mean and include a person who is an officer or
employee of the licensee which is the subject of the scheduled adverse hearing, or a person who
has a financial interest in such licensee.
� (d) Licensee or applicant may be represented_ The ]icensee or applicant may represent himself or
choose to be represented by another.
(e) Record; evidence. The hearing examiner shall receive and keep a record of such proceedings,
including testimony and exhibits, and shall receive and give weight to evidence, including heaz-
say evidence, which possesses probarive value commonly accepted by reasonable and prudent
persons in the conduct of their affairs.
(� Council action, resolution to contain fcndings. Where the council takes adverse acrion with
respect to a license, licensee or applicant for a license, the resolution by which such action is
taken shall contain its findings and detemunation, including the imposition of conditions, if any.
The council may adopt all or part of the findings, conclusions and recommendations of the heaz-
ing examiner, and incorporate the same in its resolution taking the adverse action.
(g) Additional procedures where required. Where the provisions of any statute or ordinance
require additional notice or hearing procedures, such provisions shall be compiied with and shall
supersede inconsistent provisions of these chapters. This shall include, without limitation by rea-
son of this specific reference, Minnesota Statutes, Chapter 364 and Minnesota Statutes, Section
340A.415.
(h) Discretion to hear iaotwithstanding withdrawal or surre:zder of application or license. The
council may, at its discretion, conduct a hearing or direct that a hearing be held regazding revoca-
tion or denial of a license, notwithstanding that the applicant or licensee has attempted or pur-
� ported to withdraw or surrender said license or application, if the attempted withdrawal or
D1�q�
• surrender took place after the applicant or licensee had been notified of the hearing and potential
adverse action.
(i) Continuances. Where a hearing for the purpose of considering revocation or suspension of a
license or other disciplinary action involving a license has been scheduled before the council, a
conrinuation of the hearing may be granted by the council president or by the council at the
request of the licensee, license appiicant, an interested person or an attomey representing the fore-
going, upon a showing of good cause by the party making the request.
(j) If the council unposes an adverse action as defined in secrion 310.01 above, a generic notice of
such action shall be prepazed by the license inspector and posted by the licensee so as to be visible
to the public during the effective period of the adverse action. The licensee shall be responsible
for taking reasonable steps to make sure the notice remains posted on the front door of the
licensed premises, and failure to take such reasonable precautions may be grounds for further
adverse action.
(k) Imposition of costs. The councii may impose upon any licensee or license applicant some or
all of the costs of a contested hearing before an independent hearing examiner. The costs of a con-
tested hearing include, but are not limited to, the cost of the administrative law judge or indepen-
dent hearing examiner, stenographic and recording costs, copying costs, city staff and attorney
time for which adequate records have been kept, rental of rooms and equipment necessary for the
hearing, and the cost of expert witnesses. The council may impose all or part of such costs in any
� given case if (i) the position, claim or defense of the licensee or applicant was frivolous, arbitrary
or capricious, made in bad faith, or made for the purpose of delay or harassment; (ii) the nature of
the violation was serious, or involved violence or the threat of violence by the licensee or employ-
ees thereof, or involved the sale of drugs by the licensee or employees thereof, and/or the circum-
stances under which the violation occurred were aggravated and serious; (iii) the violation created
a serious danger to the public health, safety or welfare; (iv) the violation involved unreasonable
risk of hann to vulnerable persons, or to persons for whose safety the licensee or applicant is or
was responsible; (v) the applicant or licensee was sufficiently in controi of the situation and there-
fore could have reasonably avoided the violation, such as but not limited to, the nonpayment of a
required fee ar the failure to renew required insurance policies; (vi) the violation is covered by the
matrix in section 409.26 of the Legislative Code; or (vii) the violation involved the sale of ciga-
rettes to a minor.
(1) Imposition of fznes. The council may impose a fine upon any licensee or license appli-
cant as an adverse license action. A fine may be in such amount as the council deems rea-
sonable and appropriate, having in mind the regulatory and enforcement purposes
embodied in the particulaz licensing ordinance. A fine may be in addition to or in lieu of
other adverse action in the sole discretion of the council. To the extent any other provision
of the Legislative Code provides for the imposition of a fine, both provisions shall be read
together to the extent possible; provided, however, that in the case of any conflict or
inconsistency, the other provision shall be controlling.
(Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88;
� Ord. No. 17659, § l, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. No. 94-46, § 7, 2-2-94;
�1
• C.E No. 94898, §§ 2, 3, 7-13-94; C.E No. 94-1340, § 2, 10-19-94; C.F. No. 95-473, § 4,
5-31-95)
Sec. 310.06. Revocation; suspension; adverse actions; imposition of conditions.
(a) Council may take adverse action. The council is authorized to take adverse action, as defined
in secrion 310.01 above, against any or all licenses or permits, licensee or applicant for a license,
as provided in and by these chapters. Adverse actions against entertainment licenses issued under
Chapter 411 of the Legislative Code may be initiated for the reasons set forth in subsecrion (b)
below, or upon any lawful grounds which are communicated to the license holder in writing prior
to the hearing before the council. Such actions shall be initiated and carried out in accordance
with the procedures outlined in section 310.05; provided, however, that the formal notice of hear-
ing shall be used to initiate the adverse action without the use of prior procedural steps.
(b} Basis for action. Such adverse action may be based on one (1) or more of the following rea-
sons, which are in addition to any other reason specifically provided by law or in these chapters:
(1) The license or pernut was procured by misrepresentauon of material facts, fraud,
deceit or bad faith.
(2) The applicant or one acting in his or her behalf made oral or written misstatements or
misrepresentations of material facts in or accompanying the application.
(3) The license was issued in violarion of any of the provisions of the Zoning Code, or the
premises which are licensed or which are to be licensed do not comply with applicable
� health, housing, fire, zoning and building codes and regulations.
(4) The license oz permit was issued in violation of law, without authority, or under a
material mistake of fact.
(5) The licensee or applicant has failed to comply with any condition set forth in the
license, or set fofth in the resolution granting or renewing the license.
(6) a. The licensee or applicant (or any person whose conduct may by law be
imputed to the licensee or applicant) has violated, or performed any act which is a
violation of, any of the provisions of these chapters or of any statute, ordinance or
regulation reasonably related to the licensed activity, regardless of whether crimi-
nal charges have or have not been brought in connection therewith;
b. The licensee or applicant has been convicted of a crime that may disqualify said
applicant from holding the license in question under the standards and procedures
in Minnesota Statutes Chapter 364; or
c. The licensee or applicant (or any person whose conduct may by law be imputed
to the licensee or applicant) has engaged in or permitted a pattern or practice of
conduct of failure to comply with laws reasonably zelated to the licensed activity
or from which an inference of lack of fitness or good character may be drawn.
(7) The activities of the licensee in the licensed activiry created or have created a serious
danger to the public health, safety or welfue, or the licensee performs or has performed
his or hez work or activity in an unsafe manner.
. (8) The licensed business, or the way in which such business is operated, maintains or per-
01-��
• mits conditions that unreasonably annoy, injure or endanger the safety, health, morals,
comfort or repose of any considerabie number of inembers of the public.
(9) Failure to keep sidewalks or pedestrian ways reasonably free of snow and ice as
required under Chapter 114 of the Saint Paul Legislarive Code.
(10) The licensee or applicant has shown by past misconduct or unfair acts or dealings:
physical abuse, assaults or violent actions done to others, including, but not limited to,
actions meeting the definition of criminal sexual conduct pursuant to Minnesota Statutes
Secrions 609.342 through 6093451; sexual abuse, physical abuse or maltreatment of a
child as defined in Minnesota Statutes Secrion 626.556, subdivisions 2 and 10e, including,
but not limited to, acts which constitute a violation of Minnesota Statutes Sections 609.Q2,
subdivision 10; 609321 through 6093451; or 617.246; neglect or endangerment of a child
as defined in Minnesota Statutes Section 626.557, subdivision 2; the manufacture, distri-
bution, sale, gift, delivery, transportation, exchange or barter of a controlled substance as
defined in Minnesota Statutes Chapter 152; the possession of a controlled substance as
defined in Minnesota 5tatutes Chapter 152 in such quantities or under circumstances giv-
ing rise to a reasonable inference that the possession was for the purpose of sale or distri-
bution to others; or by the abuse of alcohol or other drugs, that such licensee or applicant
is not a person of the good moral character or fitness required to engage in a licensed
activity, business or profession.
(11) The licensee or applicant has materially changed or pernvtted a material change in the
design, construction or configuration of the licensed premises without the prior approval
� of the city council in the case of Class N licenses, the director in the case of Class T
licenses, and the inspector in the case of Class R licenses, or without first having obtained
the proper building pernuts from the city.
(12) The licensee or applicant has violated section 294A1 of the Legislative Code, or has
made or attempted to make a prohibited ex parte contact with a counci] member as pro-
vided in section 310.05(o-2) of the Legislative Code.
The terms "licensee" or "applicant" for the purpose of this section shall mean and include
any person who has any interest, whether as a holder of more than five (5) percent of the
stock of a corporation, as a partnez, or otherwise, in the premises or in the business or
activity which are licensed or proposed to be licensed.
With respect to any license for activities entitled to the protection of the First Amendment,
notwithstanding the faregoing provisions, neather the lack of good moral chazacter or fit-
ness of the licensee or applicant nor the content of the protected speech or matter shall be
the basis for adverse action against the license or applicarion.
(c) Imposition of reasonable conditions and/or restrictions. When a reasonable basis is found to
impose reasonabie conditions and/or restrictions upon a license issued or held under these chap-
ters, any one (1) or more such reasonable conditions andior restrictions may be imposed upon
such license for the purpose of promoting public health, safety and welfare, of advancing the pub-
lic peace and the elimination of conditions or actions that constitute a nuisance or a detriment to
the peaceful enjoyment of urban life, or promoting security and safety in nearby neighborhoods.
• Such reasonable conditions and/or restrictions may include or pertain to, but are not limited to:
o1-q�
• (1) A limitation on the hours of operation of the licensed business or estabiishment, or on
particular types of activities conducted in or on said business or establishment;
(2) A limitarion or restriction as to the location within the licensed business or establish-
ment where particular type of activities may be conducted;
(3) A limitation as to the means of ingress or e�ess from the licensed establishment or its
pazking lot or immediately adjacent azea;
(4) A requirement to provide ofF street parking in excess of other requirements of law;
(5) A limitation on the manner and means of advertising the operation or merchandise of
the licensed establishment;
(6) Any other reasonable condition or restriction limiting the operation of the licensed
business or establishment to ensure that the business or establishment will harmonize with
the character of the area in which it is located, or to prevent the development or continua-
tion of a nuisance.
The inspector may impose such conditions on Class R licenses with the consent of the license
holder, or may recommend the imposition of such conditions as an adverse action against the
license or licenses; the inspector has the same power with respect to Class T licenses. The council
may impose such conditions on Class N licenses with the consent of the license holder, or upon
any class of license as an adverse action against the license or licenses following notice and hear-
ing as may be required. Such conditions may be imposed on a license or licenses upon issuance or
• renewal thereof, or upon and as part of any adverse action against a license or licenses, including
suspension. Conditions imposed on a license or licenses shall remain on such licenses when
renewed and shall continue thereafter until removed by the council in the case of conditions on
Class N licenses or conditions imposed by adverse action, and by the inspector in the case of
Class R and T licenses.
(d) Standards for multiple license determination. In any case in which the council is authorized to
take adverse action against less than all of the licenses held by a licensee, or applied for by an
applicant, the following standards may be used:
(1) The nature and gravity of the grounds found by the council to exist upon which the
adverse action would be based;
(2) The policy and/or regulatory goals for the particular licenses involved, either as
embodied in the I,egislative Code or as found and deternuned by the council;
(3) The intenelationship of the licenses and ttieir relative importance to the overall busi-
ness enterprise of the licensee or applicant;
(4) The management practices of the licensee or applicant with respect to each of such
licenses;
(5) The extent to which adverse action against less than all of the licenses or applications
would result in difficulty in enforcing and monitoring the adverse action taken;
(6) The hazdship to the licensee or applicant that would be caused by applying adverse
. action to all licenses or applications; and
° ql
• (7) The hardship and/or danger to the public, or to the public health and welfaze, that
would result from adverse action against less than all of the licenses or applications.
(Code 1956, § 510.06; Ord. No. 17584, § 1, 8-25-88; Ord. No. 17657, § 15, 6-8-89; Ord.
No. 17659, § 2, 6-13-89; Ord. No. 17901, §§ 2, 3, 1-14-92; Ord. No. 17917, §§ 2, 3, 3-31-
92; Ord. No. 17922, § 1, 4-28-92; C.E No. 94-500, § 3, 7-6-94; C.E No. 94-1340, § 3, 10-
19-94; C.F. No. 95-473, § 5, 5-31-95; C.F. No. 99-500, § 3, 7-7-99)
Sec. 310.07. Terminarion of licenses; surety bonds; insurance contracts.
(a) Automatic termination, reinstatement; responsibility of Zicensee. All licenses or pernvts which
must, by the provisions of these chapters or other ordinances or laws, be accompanied by the fil-
ing and maintenance of insurance policies, deposits, guazantees, bonds or certifications shall auto-
matically ternunate on cancellation or withdrawal of said policies, deposits, bonds or
certifications. No licensee may continue to operate or perform the 13censed activity after such ter-
mination. The licensee is liable and responsible for the filing and maintenance of such policies,
deposits, guarantees, bonds or certifications as are required in these chapters, and shall not be
entitled to assert the acts or omissions of agents, brokers, employees, attorneys or any other per-
sons as a defense or justification for failure to comply with such filing and maintenance require-
ments. In the event the licensee reinstates and files such policies, deposits, bonds or certifications
within thirty (30) days, the license is automaticaily reinstated on the same terms and conditions,
and for the same period as originally issued. After thirty (30) days, the applicant must reapply for
� a renewal of his license as though it were an original application.
(b) Bonds and insurance requirements:
(1) Surety Companies: All surety bonds running to the City of Saint Paul shall be written
by surety companies authorized to do business in the State of Minnesota. All insurance
policies required by these chapters shall be written by insurance companies authorized to
do business in the State of Minnesota.
(2) Approved as to Form: All bonds filed with fhe City of Saint Paul in connection with
the issuance of licenses for whatever purpose, and all policies of insurance required to be
filed with or by the City of Saint Paul in connection with the issuance of licenses for any
purpose whatsoever, shall first be approved as to form by the city attomey.
(3) Uniform Endorsement: Each insurance policy required to be filed pursuant to these
chapters shall contain the endorsement set forth in Chapter 7 of the Saint Paul I.egislative
Code.
(4) Conditions: All bonds required by these chapters shall be conditioned that the licensee
shall observe all ordinances and laws in relation to the licensed activity, business, pre-
mises or facilities and that he shall conduct all such activities ar business in confornvty
therewith. Such bonds shall also indemnify the City of Saint Paul against all claims, judg-
ments or suits caused by, resulting from or in connection with the licensed business, pre-
mises, activity, thing, facility, occurrence or otherwise licensed under these chapters.
(c) Termination of bonds and insurance required by city. Ternunation of bonds and insurance
. required to be filed with the city pursuant to these chapters shall be in accordance with the
requirements of Chapter 8 of the Saint Paul Legislative Code.
D1- ��
• (d) Expirarion date to be concurrent with term of Zicense or pernzit. The expiration date of all such
policies, bonds, guarantees or certifications shall be concurrent with the expiration date of the
license or permit.
(Code 1956, § 510.07)
Sec. 310.08. Terms of licenses; uniform dates.
(a) All licenses or permits shall be valid for a period of one (1) year from the date of issuance by
the anspector, except as otherwise provided herein or in these chapters or in cases of revocation,
suspension or termination under section 310.06.
(b) Licensees may continue to operate their business after the expiration date of their license; pro-
vided, that the licensee has filed with the inspector on or before the expiration date the appropriate
license application, license fees, insurance and bonds. The inspector shall process the renewal
application in the mannez provided for in this Code.
(c) Whenever any licensee is the holder of the two (2) or more licenses of the City of Saint Paul
which expire on different dates, the inspector is authorized, at the request of the licensee, to deter-
mine a uniform date for the expiration of all or any number of such licenses, notwithstanding the
term and expiration dates of such licenses as originally issued, and notwithstanding any provision
as to term of license of any ordinance of the city heretofore or hereafter enacted. The provisions
hereof shall govern the issuance of any new license to one already holding a license.
� (d) In order to conform to the foregoing provisions, new ]icenses may be issued for a term of less
than one (1) yeaz, and the license fee therefor shall be prorated for the period of issuance.
(Code 1956, § 510.08; Ord. No. 17360, § 1, 6-5-86)
Sec. 310.09. Fees.
(a) Exempt organizations. The L.egislative Code exempts certain organizations from paying the
customary license or pernut fees or establishes a nominal fee of less than seven dollars ($7.00).
The terms and conditions of such exemptions are stated within the applacable chapters. Such orga-
nizations shall pay a five dollars ($5.00) minimum processing fee for each and every application
far a license or pernut to be issued by the division manager, director or council of the city.
(b) Fee schedule. The council may by ordinance deternrine and establish one (1) fee schedule for
any or all licenses and pernuts issued pursuant to these chapters, and a sepazate fee schedule for
applications for such ]icenses and permits, which may include fees to cover costs incurred by rea-
son of the late filing. Such fees, in either schedule, shall be reasonably related to the costs of
administration incurred in connection with each such application, license or pernut. Costs of
administration shall mean and include, but without limitalion by this specification, both direct and
indirect costs and expenses, such as salaries, wages, benefits and all personnel costs including
training, seminars and schooling, expenses of investigations and inspections, handling of inquiries
and requests for assistance, telephone and communications, stationery, postage, paper, reproduc-
• tion, office capital equipment and all ofFice supplies. Such fee schedules as adopted by ordinance
and posted in the office of the inspector shall supersede inconsistent fee provisions in these chap-
D1-R/
• ters or in other ordinances or laws.
(c) Fee for one year; may be prorated. Unless otherwise specifically provided, the license fee
stated is for a period of one (1) yeat Such fee may be prorated where a license is issued for a
period of less than a year.
(d) Late fee. Unless otherwise specifically provided by the particular licensing provisions
involved, an applicant for the renewai of a license who makes application for such renewal after
the expirarion date of such license shall be charged a late fee for each such license. The late fee
shall be in addition to any other fee or payment required, and shall be ten (10) percent of the
annual license fee for such license for each thirty-day period or portion thereof which has elapsed
after the expiration date of such license. The late fee shall not exceed fifty (50) percent of the
annual license fee. If any provision of these chapters imposes more stringent or additional require-
ments for the issuance of an original license than would be the case for mere renewal, those
requirements must be met when the license has lapsed by reason of expiration.
(Code 1956, § 510.09; Ord. No. 16884, 2-11-82; Ord. No. 17802, § 1, 1-10-91)
Sec. 310.10. Refunds of fees.
(a) Refund where application withdrawn or denied; service charge. Unless otherwise specifically
provided by the particulaz licensing provisions involved, where an application for any license is
withdrawn or denied, the inspector shall refund to the applicant the license fee submitted less a
. service charge to recover in part the costs incurred in processing the application in the amount of
twenty-five (25) percent of the annual license fee.
(b) Limitation on refund; other cases. In all other cases as provided in paragraph (c), the inspector
may refund not to exceed one hundred dollazs ($100.00) of fees received in connection with any
license, perxnit or application therefor; provided, that he certify in writing that the amount of the
refund represents a sum over and above the reasonabie costs of administration incurred up to that
time in connection with said license, permit or application. The director may refund not to exceed
two hundred fifty dollars ($250.00) of such fees upon a like certification by the inspector. The
council may by resolution authorize all refunds upon a like certification by the inspector.
(c) Bases for refunds. Refunds under paragraph (b) may be made to the licensee or his estate:
(1) Where the place of business of the licensee or his principal equipment is destroyed or
so damaged by fire or any other cause that the licensee ceases for the remainder of the
licensed period to engage in the licensed activity or business;
(2) Where the business or licensed activity ceases by reason of the death or illness of the
licensee or the sole employee or manager; or
(3) Where it has become unlawfui for the licensee to continue in the business or licensed
activity other than by revocation, suspension, denial or any criminal activity on the part of
the licensee.
(Code 1956, § 510.10)
• Sec. 310.11. 'lY�ansfers; general.
�1-q1
• (a) License a privilege, not property. All licenses or permits issued by the City of Saint Paul pur-
suant to these chapters or other ordinances or laws confer a privilege on the licensee to engage in
the activity or occupation so licensed, and do not constitute property or property rights or create
any such rights in any licensee. No such license or permit may be seized, levied upon, attached,
executed upon, assessed or in any manner taken for the purpose of satisfaction of any debt or obli-
gation whatever.
(b) Licenses not transferable; conditions. Notwithstanding any other provision of the Saint Paul
Legislative Code to the contrary, no licenses issued by the City of Saint Paul shall be transferable.
(c) Transfer; defznition. "Transferable" means the ability to transfer a license or licenses
from one (1) person to another, or from one (1) location to another. "Transfer," as used in
these chapters, shall include a transfer from person to person, or from place to place, or a
transfer of stock in a coxporate licensee, or of shares or interests in a partnership or other
legal entity. "Transfer," as used in these chapters, shall not include the instance where a
license is held by an individual or partnership and the transfer is by said individual or part-
nership to a corporation in which the majority of the stock is held by said individual or by
the members of said partnership.
(d) Deceased licensee. Notwithstanding any other provision of these chapters, in any case where a
liquor license is held by a person not incorporated and where the license would, by reason of the
death of said licensee, lapse to the city in the absence of this paragraph, the authorized representa-
tive of the estate of the deceased licensee may consent to and seek to reissue said license to the
. beneficiary to the licensed establishment. The reissuance shall be subject to all applicable require-
ments of these chapters and exisring law.
(Code 1956, § 51011; Ord. No. 16822, 9-3-81; Ord. No. 17551, § 3, 4-19-88; C.E No. 95-473, §
6, 5-31-95)
Sec. 310.12. Inspection of premises.
The premises, facilities, place, device or anything named in any license issued pursuant to any
provision of the Saint Paul Legislative Code or other law shall at all times while open to the pub-
lic or while being used or occupied for any purpose be open also to inspection and examination by
any police, fire, ar health officer or any building inspector of the city, as well as the inspector.
(Code 1956, § 510.12)
Sec. 310.13. Renewal.
Every license renewal under these chapters may be denied for any licensee who is delinquent in
any payment or contribution to a health and welfare trust or pension trust, or similar program,
established for the benefit of his employees.
(Code 1956, § 510.13)
Sec. 310.14. Savings clause.
. (a) If any provision in these chapters is held unconstitutional or invalid by a court of competent
jurisdiction, the invalidity shall extend only to the provision involved and the remainder of these
�1-9�
• chapters shall remain in force and effect to be construed as a whole.
(b) The repeal of any ordinance by this ordinance (which enacts the Uniform License Ordinance)
shall not affect or impair any act done, any rights vested or accmed, or any suit, proceeding or
prosecurion had or commenced in any matter, prior to the date this ordinance became effective.
Every such act done or right vested or accrued shall remain in full force and effect to all intents
and purposes as if the repealed ordinances had themselves remained in force and effect. Every
such suit, proceeding or prosecution may be continued after repeal as though the repealed ordi-
nances were fully in effect. A suit, proceeding or prosecution which is based upon an act done, a
right vested or accrued, or a violation committed prior to repeal of the repealed ardinances, but
which is commenced or insrituted subsequent to repeal of the repealed ordinances, shali be
brought pursuant to and under the provisions of such repealed ordinances as though they contin-
ued to be in full force and effect.
(Code 1956, § 510.14)
Sec. 310.15. Penalty.
Any person who violates any provision of these chapters, or other ordinances or laws relating to
licensing, or who aids, advises, hires, counsels or conspires with or otherwise procures another to
violate any provision of these chapters or other ordinances or laws relating to licensing is guilty of
a misdemeanor and may be sentenced in accordance with section 1.05 of the Saint Paul Legisla-
tive Code. The term "person," in addition to the definition in section 310A1, shall for the purpose
• of this section include the individual partners or members of any partnership or corporation, and
as to corporations, the officers, agents or members thereof, who shall be responsible for the viola-
tion.
(Code 1956, § 51015)
Sec. 310.16. Reserved.
Editor's note--Section 310.16, pertaining to license fees and annual increases, and derived from
Ord. No. 16885, adopted Feb. 11, 1982; Ord. No. 17059, adopted Oct. 20, 1983; and Ord. No.
17303, adopted Oct. 29, 1985, was repealed by Ord. No. 17884, § 1, adopted Nov. 19, 1991.
Sec. 310.17. Licensee's responsibility.
Any act or conduct by any clerk, employee, manager or agent of a licensee, or by any person pro-
viding entertainment or working for ar on behalf of a licensee, whether compensated or not,
which act or conduct takes place either on the licensed premises or in any parking lot ar other area
adjacent to (or under the lease ar control ofl the licensed premises, and which act or conduct vio-
lates any state or federal statutes or regulations, or any city ordinance, shall be considered to be
and treated as the act or conduct of the licensee for the purpose of adverse action against all or any
of the licenses held by such licensee. To the extent this section is in conflict with sections 409.14
and 410.09 of the Legislative Code, this section shall be controlling and prevail; but shall not oth-
erwise amend, alter or affect such sections.
• (Ord. No. 17629, § 1, 1-31-89)
o�-q�
• Sec. 310.18. License fee schedule.
Notwithstanding the provision of any other ordinance or law to the contrary, the following fees
are hereby provided for all the licenses listed herein. These fees supersede all inconsistent provi-
sions, including, but not limited to, graduated fee provisions, in these chapters and in other ordi-
nances and laws, and include the fee for the ficense application as paR of the license fee;
provided, however, that this section does not amend or modify secrions 310.09(a) or 310.09(d) of
the L.egislative Code with respect to exempt organizations or Iate fees. Pursuant to section
310.09(b) of the I.egislative Code, these schedules shall be posted in the office of the Director of
the Office of License, Inspections and Environmental Protection. These fees shall be effective for
license renewals and new license applications occurring on and after January 1, 1995, or on the
effecrive date of this section, whichever is latez; provided, however, that with respect to all
licenses whose renewal dates occur after The effective date of this new schedule, there shall be no
increases in, nor offsets or re£unds of, the existing fees paid, or due and owing.
(a) ENFORCEMENT LEVEL 1
(b) ENFORCEMENT LEVEL 2
(c) ENFORCEMENT LEVEL 3
• (d) ENFORCEMENT LEVEL 4
(e) ENFORCEMENT L,EVEL 5
(� ENFORCEMENT LEVEI. 6
(C.F. No. 92-1742, § 2, 12-8-92; C.F. No. 93-1650, § 1, 12-9-93; C.E No. 94-201, § 1, 3-16-94;
C.F. No. 94-1447, § 1, 12-14-94; C.F. No. 95-519, § 2, 6-7-95; C.E No. 95-1457, § 1, 1-3-96; C.F.
No. 96-391, § 3, 5-8-96; C.F. No. 96-1095, § I, 10-2-96; C.E No. 97-912, § 1, 8-20-97; C.E No.
99-500, § 4, 7-7-99; C,F. No. 99-812, § 1, 9-8-99; C.F. No. 00-457, § 1, 6-7-00)
Sec. 310.19. Discount from certain license fees.
A discount will be provided for on-sale and off-sale liquor licenses, on-sale and off-sale 3.2 malt
liquor licenses and on-sale strong beer and wine licenses. Such fees mentioned shall be reduced in
section 310.18 by appzoximately seven (7) percent, in the exact amounts as further provided
herein, contingent upon each of the following conditions:
(1) Driver's license guide; compilation of laws. The licensee shall maintain on the pre-
mises, in a location accessible at all times to all employees of the licensed establishment:
a. A current driver's license guide, which shall include license specifications for
both adults and minors for each state (including Canadian provinces), and shall list
. such information from at least five (5) years prior to the present date; and
�1 t �
• b. A current compilation of the laws relating to the sale and possession of alcoholic
beverages in the state as outlined in Chapter 7515 of the State of Minnesota Rules
and Chapter 340A of the Minnesota Statutes. This compilation must also include
Chapters 240 through 246, 409 and 410 of the Saint Paul L.egisIarive Code.
(2) Signage. The licensee shall maintain on the premises, in all customer areas, current
signage relating to underage consumption of alcoholic beverages, and relating to driving
under the influence of alcohol. One (1) sign must be located behind the bar, and one (1)
sign must be present in each addirional room or secUon within the lounge area in which
the writing on the sign behind the bar is not clearly legible. The sign(s) must have dimen-
sions of at least one (1) foot by one (1) foot with letters at least one-half (1/2) inch in
height. All signs must be comfortably readable from a distance of fifteen (15) feet.
(3) Contract with security agency.
a. Generally. The licensee shall participate in a training program with an approved
private securiYy agency, firm or association (hereafter "security aaency") which is
selected and contracts with the city for the purpose of providing investigations and
training to the licensee pursuant to this subsection. The city contract shall provide
(i) that the security agency shall not be reimbursed by the city, but that it shall
recover its costs and profit by fees collected from the licensees which choose to
receive the training program and investigative services, and (ii) that the security
agency shall charge the same amount to all licensees who choose to receive such
services, so that all such licensees are treated equally and without discrimination.
• b. Investigation. The contract with the city shall provide for and require one (1) or
more investigations by the security agency each calendar year into the practices of
the licensee with respect to (i) age idenfification of customers in order to prevent
sales of alcoholic beverages to minors, and (ii) prevenung the sale of alcoholic
beverages to persons who are obviously intoxicated. The contract shall require that
the security agency disclose the results of all such investigations to both the lic-
ensee and, at no cost to the city, to the office of license, inspections and environ-
mental protection, within ten (10) days after such investigations are concluded.
Failure to do so will be grounds for adverse action against the licensee's licenses.
The contract shall require that all such investigations shall include unannounced
and random attempts by minors to purchase alcoholic beverages in the licensed
premises, and surveillance within the licensed premises. The security agency shall
employ reasonable measures to minimize or eliminate conflicts of interest in pro-
viding and reporting on investigations of licensees.
c. Training. The contract shall also provide for alcohol awareness training by the
security agency of all officers, employees or agents of the licensee who work in the
licensed premises at least once during the calendar year. Ail newiy hired employ-
ees or new officers or agents hired during the calendar yeaz shall receive such
training within four (4) weeks following their hiring, and shall not work in the pre-
mises after that four-week period until they have received such training.
d. Standards for approval. In addition to the requirements specified elsewhere in
• this subsection, the security agency and its investigations and training must meet
or exceed the following:
d��g�
\�
J
L The alcohol awareness course shall cover all of the topics listed herein.
The content of each training course shall inciude, but need not be limited
to:
(a) Pertinent laws and ordinances regazding the sale of alcohol.
(b) Verification of age, forms of identificarion, and forms of false or
misleading age identification.
(c) The effect of alcohol on humans and the physiology of alcohol
intoxicarion.
(d) Recognirion of the signs of intoxication.
(e) Strategies for intervention to prevent intoxicated persons from
consuming further alcohol.
(tj The licensee's policies and guidelines, and the employee's role in
observing these policies.
(g) Liability of the person serving alcohol.
(h) Effect of alcohol on pregnant women and their fetuses, and in
other vulnerable situations.
(i) Training available in languages othez than English that aze spo-
ken by the license holders and/or the license holders employees.
2. The security agency shall have a minimum of two (2) years actual expe-
• rience in alcohol awazeness iraining. The courses may be given by one (1)
or more instructors, but each instructor must have a formai education and/
or training in each area they teach. The courses may be supplemented by
audio-visual instruction.
3. The security agency shaIl have sufficient personnel and physical
resonrces to provide an alcohol awareness training course to newly hired
employees within four (4) weeks after their hiring by the licensee with
whom there is a contract. The cost covering the training and investigation
service provided to license holders shall be idenUfied and charged equally
to each participant.
•
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October 6, 2000
•
Administraiive Law Judge
Office of License, Inspections and Enviromental Frotection
City of Saint Paul
15 W Kellogg Blvd
St. Paul, Minnesota 55102
Re: GB Core Inc. 500 Bush St. Paul, MN
The applicant, GB Core Inc., should be denied a business license by the City
of Saint Paul due to applicants willfui negligence and liablity to comply zvith the City of
Saint Paul Legislative Code, the Office of License, Inspections and Envu'omental
Protection, and Minnesota State enviromental laws.
Upon review of applicant's request for a license, the District Five Community
Planning and Economic Development Comuiittee (CPED), inquired into the nature of
the business, its operation, and current facility status. Fred Gonzalez, an employee
of GB Core Inc., informed the Colnmitttee as to the business of recycling vehicle
parts and fluids, its operation timelines, and the business was not in operation.
• (MeeHng Mittuets - Dishict Fioe CPED Commtttee - Thursday, May l i, 2000)
Subsequently, the District F3ve CPED Coiiunittee learned of relevant
information contradicting Fred Gonzalez's of GB Core, Ina Mr. 'IYoy Trooien informed
the Committee of the adverse conditions and the conduct of the applicant operating
the business at 500 Bush without City licensing.
Mr. Trooien e7cpiained GB Core Inc. had been operating the business of
recycling used vehicle engines and parts since October 1999. From October to
December the buiiding was surrounded with dismantled Frito-Lay delivery trucks.
The exterior condition of the properry was poor due to refuse, debris, garbage,
leaking oil drums> and improper disposal of hazardous materials; and the applicant
had been working on the building without a City buffding permit. Mr. Trooien
substantiated the ctaims with photographs of the property.
(Meeting Minuets - Distrtct Fiue CPED Committee - Thursday, May 18, 2000)
Mr. Paul Maruska informed the CPED Committee of the inspecUon of 500 Bush
on Tuesday evening, May 16, 2000 and noted the conditions of unproper handling
and disposing of hazardous materials in a refuse dumpster: Ilourescent buiids,
automotive parts, and used oil dry. Mr. Maruska noted for the Commit#ee, GB Core
Inc. was opezating a business without City licensing due to a large dumpster filled
with dismantled automotive pazts, and vehicle gasoline tanks on paIlets and bindered
for shipment.
(Meeting Minuets - Disirict blue CPED Committee - Thursday, May 18, 2000)
•
o�-g�
• The applicant has shown a disregard for the City of Saint Paul Legislative Code,
willfiil neglect to obtaiu a City business license before operating a business,
improperly handling of disposalable materials for recycling or disposal, and a
nuisance business to the surrounding neighborhood.
Furtheru2ore, applicant's conduct as a repu�able and law abid��husi�€€ss faF
the neighborhood and District �ve Planning CouncIl area is not present �d
applicant's actions to compiy with the City Code and Licensing Department have not
been made in good faith.
Respectfully submitted,
�� �a-�.� ��.
Paul Maruska
District Five Board
District �ve CPED Comtnitttee
1037 Burr Street
Saint Paul, Mimzesota
651-776-8052
cc: Bruce Sylvester, Executive D"uector
District Five Planning Councii
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Helq
Div' ion
1 of 4
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Main
Menu
C1Vl�
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�
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County Case N�a'mber
Brown OOSC003480
Filing date Case type
08-10-2000 Small Claims
Responsible Court Official
Burdick, John
Parties
Party type
Defendant
Plaintiff
Plaintiff
Plaintiff
Case Caption
7racy Faccio et al vs Glen Berhow et al
Case Status
Closed
Old Case
Number
ra
�ccess
and traffic
Maintenance
Class Code Description
Sm Claim, Claim Under $
Limit
Party name
Berhow, Glen
Faccio, Tracy
Karcz, Katie
Manders, Jason
Scheduled Activities
Date Time Location
10-18- 1:15PM Commissioners'
2000 Courtroom B
Civil Judgments
Type Debtor
Name
Judgment for Berhow,
money Glen
ase Summa
+nformation for cases prior to 996, contact the
Waukes
County Clerk of Circuit urt - Crimina{ Traffic
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Party Status
Active
Active
Active
Active
Description Court Official
Motion gurdick/Gazeley/Sequin
hearing
Multiple pmount Satisfaction Satisfaction
debtors Date
$
N 1,566.00 N
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Page 2 of 4
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Parties
•
'Party No. 1
Party Name
Faccio, Tracy
Secondary Address
#D36
In custody
No
Party type Date of Birth Sex Race
Plaintiff
Primary Address City
2700 S Memorial Dr Green Bay
Status
Active
State Zip
WI 54313
Party No. 2
Party Name
Berhow, Glen
Secondary Address
2014 Glendale Ave
In custody
No
Party type
Defendant
Primary Address
PO Box 906
Status
Active
Date of Birth Sex Race
City State Zip
Green Bay WI 54305
Party No, 3
Party Name
Karcz, Katie
Secondary Address
#D36
In custody
No
Party type Date of Birth Sex Race
Plaintiff
Primary Address City
2700 S Memorial Dr Green Bay
Status
Active
State Zip
WI 54313
•
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•
Page 3 of 4
nl��il
Party No. 4
Party Name
Manders, Jason
Secondary Address
I In custody
No
Party type
Plaintiff
Primary Address
W668 Fish Creek Rd
Status
Active
Date of Birth Sex Race
City State Zip
De Pere WI 54115
Civil Judqments
•
Civil )udgments 1
Judgment Date
09-05-2000
Docketed time
11:44AM
Satisfied
N
Service/event Date
]udgment Type
Judgment for money
Docketed date
09-18-2000
Satisfaction date
to:
Property/Remarks
Judgment Parties
Pa � Name
type
Creditor Faccio,
Tracy
Creditor Karcz,
Katie
Total Amount
$ 1,566.00
Warrant number
Dismissed Status Address City State Zip Attor
Nami
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• II Creditor Manders, N A
Jason
2700 S Green
Memorial BaY WI
Dr
2700 S Green
Memorial gaY WI
Dr
W668
Fish Pere WI
Creek Rd
54313
54313
54115
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Debtor Berhow, N A PO Box
Glen 906
Cost / Amounts
Description
]udgment amount
Small claims filing fee
Green WI
Bay
Page 4 of 4
D�'� �
54305
Amount
$ 1,500.00
$ 66.00
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Case Summarv
Case Summary
County
Menominee
Filing date
06-21-1999
• Defendant
Berhow, Glen
E.
Page 1 of 3
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Menu
Case Number Case Caption
99TR000288 County of Menominee vs Glen E.
Berhow
Casetype
Traffic Forfeiture
Responsible Court
Official
Schmidt, Earl
Prosecuting Agency
District Attorney
Court Record Events
Defendant
Defendant Name
Berhow, Glen E.
Secondary Address
•
]USTISID
Case Status Maintenance
Closed
DA Case Old Case
Number Number
Prosecuting Attorney
Defenciant
In Custody Date of Birth
No 12-18-1957
Primary Address City
2530 Gemini Rd. Green Bay
Finger Print ID Status
Sex Race
Male
State Zip
WI 54311
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Defendant Attorney(s)
Attorney Name Suffix GAL Entered
Christian, David L N 07-15-1999
Page 2 of 3
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Cha
:ount 1
Statute /
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346.10(2)
es/ Dispositions JSentences
Severity Description Offense p�ea
Date
�orf. U Passing at 06-20-1999 G
Intersection
Disposition
Dispo. Disposition
No.
1 Guilty / No
Contest
Disposition Disposing Judgment of
Date Court Official Conviction
11-30-1999 Schmidt, Earl Y
Sentences
Sentence.
N o.
1
Sentence /
Condition
Forfeiture / Fine
Time Time Sentence
Date
Citations
•
Cita#ion 1
Citation Number
Z808447-3
Appearance Date
07-26-1999
Name
Berhow, Glen E.
Bond Amount
$ 147.50
Appearance
Time
10:OOAM
Date of Birth
12-18-1957
Deposit Type
None
Mandatory
No
Sex
Male
.../us.wi.state.courts.internet.access.GetJSP?JSP=CaseDetailSelect 10/10/2000
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Street
Z530 Gemini Rd.
Driver's License
Number
B6002855745804
Plate Number
Issuing Agency
County of Menominee
Plantiff Agency
City
Green Bay
State
WI
State
WI
Officer Name
Hughes, Chris
Ordinance Or
Statute
Page 3 of 3
D r'� l
State Zip
WI 54311
Expiration
2006
Expiration VIN
Violation
Date
06-20-1999
Statute
County of Menominee Statute 346.10(2)
Severity Code Severity Description
, OU Forf. U
�
MPH Over
Charge
Description
Passing at
Intersection
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County Clerk of Circuit Court - Criminal Traffic
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Civi! Case Summa
Summary
County
Brown
Filing
date
• 05-20-
1999
Case
Number
99CV000657
Casetype
Civil
Responsible Court
Official
Atkinson, William
Parties
Party type
Defendant
Defendant
Plaintiff
Case Caption
Page 1 of 3
� �'� �
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Village of Howard vs GB Core Inc et al
Case Status
Closed
Old Case
Number
Party name
Berhow, Glen E
GB Core Inc
Village of Howard
Court Record Events
Parties
�
Maintenance
Class Code Description
Other-Injunction/Restrain
Order
Party Status
Active
Active
Active
.../us.wi. state. courts.internet. access. GetJSP?JSP=CaseDetailS electol0/10/2000
•
•
�
Wisconsin Circuit Court Access
Page 2 � i � t
Party No. 1
Party Name
Party type
Plaintiff
Primary
Address
Date of
Birth
Sex Race
Village of Howard
Secondary
Address
I 2456 Giendale Ave PO Box 12207
In custody
No
Party Attorney(s)
Attorney Name
Duffy, Dennis M
Status
Active
City
Green Bay
Suffix GAL Entered
N 05-20-1999
State Zip
WI 54307-
2207
Withdrawn
Party No. 2
Party Name
GB Core Inc
Secondary Address
In custody
No
Party Attorney(s)
Attorney Name
Metzler, Ronald F
Party type Date of Birth Sex Race
Defendant
Primary Address City
2014 Glendale Ave Green Bay
Status
Active
Suffix GAL Entered
N 07-12-1999
State Zip
WI 54304
Withdrawn
Par�y No. 3
Party Name
Berhow, Glen E
Secondary Address
In custody
Party type Date of Birth Sex Race
Defendant
Primary Address City
2530 Gemini Rd Green Bay
Status
State Zip
WI 54311
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No
Party Attorney(s)
Attorney Name
Metzler, Ronald F
Page 3 of 3
�? 1'� !
Active
Suffix GAL Entered
Withdrawn
N 07-21-1999
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To obtain Waukesha County criminal and traffic
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County Clerk of Circuit Court - Criminal Traffic
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Civil Case Summa
Case Summary
County Case Number
Brown 99CL000002
Fifing date Case type
01-27-1999 Construction Lien
Case Caption
Triple P Inc vs Glen E Berhow
Case Status
Filed Only
• Responsible Court Official Old Case
Number
Parties
Party type Party name
Defendant Berhow, Glen E
Plaintiff Triple P Inc
Civil 7udgments
Type Debtor
Name
Construction Berhow,
lien Glen E
Court Record Events
Multiple
debtors
�
Page 1 of 3
����
Main
Menu
Maintenance
Class Code
Description
Party Status
Active
Active
Amount Satisfaction Satisfaction
Date
$
6,286.22 N
Parties
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Page 2 of 3
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Party No. 1
Party Name
Triple P Inc
Secondary Address
D/B/A Peters Concrete
Co.
In custody
No
Party type
Plaintiff
Primary Address
1516 Atkinson
Drive
Status
Active
Date of
Birth
City
Green Bay
Sex Race
State Zip
WI 543031
Party No. 2
Party Name
Berhow, Glen E
Secondary Address
In custody
No
Party type
Defendant
Primary Address
P.O. Box 906
Status
Active
Date of Birth Sex Race
City
Green Bay
State Zip
WI 54305
Civil .7udgments 1
Judgment Date
01-27-1999
Docketed time
3:28PM
Satisfied
N
Service/event Date
�iVl� JUt�C9t11�11'�S
3udgment Type
Construction lien
Docketed date
02-10-1999
Satisfaction date
to:
Tota{ Amount
$ 6,286.22
Warrant number
• Property/Remarks
Part of Lot 1 of 24 CSN 153, described in Jacket 19145, Image 30, Part of Gov. I
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Judgment Parties
Pa � Name Dismissed Status Address City
type
Creditor I� P P N
Debtor Berhow, N
Glen E
Page 3 of 3
DI'a�
State Zip
1516 Green
A Atkinson Bay WI
Drive
P.O. Box Green
A 906 Bay WI
Amount
$ 6,286.22
543�3
54305
Attorr
Name
Cost / Amounts
Description
]udgment amount
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D ivision
Case Summarv
Summary
County
Brown
Filing date
� 10-07-1998
Defendant
Berhow, Glen
E
•
Case Number
• : • � �FNF:�:3
Case type
Non-Traffic Ordinance
Violation
Responsible Court
Official
Mix, Phoebe A.
Prosecuting Agency
District Attorney
Court Record Events
Defendant
Defendant Name
Berhow, Glen E
Secondary Address
lI1CTTC Tn
Page 1 of 4
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Case Caption
State of Wisconsin vs Glen E
Berhow
Case Status Maintenance
Closed
DA Case Old Case
Number Number
Prosecuting Attorney
�efendant
In Custody Date of Birth
No 12-18-1957
Primary Address
2530 Gemini Rd
Finnnr print T1�
City
Green Bay
Ctat� � a
Sex Race
Ma�e
State Zip
WI 54311
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Page 2 of 4
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Statute /
Ordinance
30.62(3)(b)
ges/ Dispositions/Sentences
Severity Description Offense p�ea
Date
Forf. U �et Ski-Operate w/o 09-05-1998 G
Floatation Device
Disposition
Dispo. Disposition
N o.
1 Guilty / No
I Contest
Disposition Disposing Judgment of
Date Court Official Conviction
10-22-1998 Mix, Phoebe A. Y
Sentences
Sentence.
No.
1
Sentence /
Condition
Forfeiture / Fine
Time Time Sentence
Date
Totat Receivables
Amount Paid Probation amount Balance Due
$ 110.60 $ 110.60 $ 0.00 $ 0.00
* For cases with multiple assessments, the due date represents
the assessment with the latest date.
Due
Date*
Citations
,
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Deposit Type
None
Citation 1
Citation Number Bond Amount
42765 $ 110.60
Appearance Date APpearance
Time
10-29-1998 10:30AM
Name Date of Birth
Berhow, Glen E 12-18-1957
Street City
2530 Gemini Rd Green Bay
Driver's License State
Number
WI
Plate Number State
WI
', Issuing Agency Officer Name
Dept. of Natural
Resources
Plantiff Agency Ordinance Or
Statute
Mandatory
No
Sex
Male
State
WI
Expiration
Page 3 of 4
4��q 1
Zip
54311
Expiration VIN
Violation
Date
09-05-1998
Statute
State of Wisconsin Statute 30.62(3)(b)
Severity Code Severity Description
OU Forf. U
MPH Over
Charge Description
Jet Ski-Operate w/o
Floatation Device
Help
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Page 4 of 4
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• Divisian
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County Clerk of Circuit Court - Criminal Traffic
Divisian
Case Summa
se Summary
•
County
Brown
Filing date
10-14-1997
Defendant
Case Number
97CT001249
Casetype
Criminal Traffic
Page 1 of 4
��'� �
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Menu
Case Caption
State vs Glen E Berhow
Case Status Maintenance
Closed
Responsible Court DA Case Old Case
Official Number Number
Berhow, Glen Atkinson, William
E
Prosecuting Agency
District Attorney
Court Record Events
Prosecuting Attorney
Madson, Steven J
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Defenclant
Defendant Name
Berhow, Glen E
Secondary Address
JUSTIS ID
in Custody
No
Primary Address
20 NE 2nd St
Finger Print ID
Date of Birth Sex Race
12-18-1957 Male
City State Zip
Minneapolis MN 55413
Status
Active
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Page 2 of 4
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Defendant Attorney(s)
• Attorney Name Suffix GAL Entered Withdrawn
Peterson, Wayne R N 08-14-1997
Cha
:ount 1
Statute /
Ordinance
346.63(1)(a)
es/DispositionslSentences
Severity Description
Misd. U Operating while
Intoxicated (2nd)
Offense p�ea
Date
08-11-1997 NG
Disposition
Dispo. Disposition Disposition
No. Date
1 Other 04-01-1998
�
Disposing Judgment of
Court Official Conviction
Atkinson, N
William
Count 2
Statute /
Ordinance
346.63(1)(b)
Severity Description
Misd. U Operating while Intox.-
BAC .1%+ (2nd)
Offense
Date
08-i1-1997
Plea
Disposition
Dispo. Disposition Disposition
No. Date
1 Other 03-31-1998
Disposing Judgment of
Court Official Conviction
Atkinson, N
William
�
Citations
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�
•
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Deposit Type
None
Citation 1
Citation Number Bond Amount
U849447-4 $ 0.00
Appearance Date Appearance
Time
10-16-1997 1:OOPM
Name Date of Birth
Berhow, Glen E 12-18-1957
Street City
20 NE 2nd St Minneapolis
Driver's License State
fVumber
B600-282-162-959 M N
Plate Number State
WI
Issuing Agency
Officer Name
De Pere Police
Dept.
Piantiff Agency
Ordinance Or
Statute
Mandatory
Yes
Sex
Male
State
MN
Page 3 of 4
ol�� (
Zip
55413
Expiration
2000
Expiration VIN
Violation
Date
08-11-1997
Statute
MPH Over
Charge Description
Operating while
State of Wisconsin Statute 346.63(1)(a) Intoxicated (2nd)
Severity Code Severity Description
MU Misd. U
•
Citation 2
Citation Number Bond Amount
U849602-5 $ 0.00
', Appearance Appearance
' Date Time
10-16-1997 1:OOPM
IU�...e 11��e ..F Qi..FM
Deposit Type
None
Mandatory
Yes
Cev
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Berhow, Gien E
Street
20 NE 2nd St
Driver's License
Number
B600-282-162-
959
Plate Number
vu�c v� ou u�
12-18-1957
City
Minneapolis
State
I►'t1►1
State
WI
Issuing Agency Officer Name
De Pere Police
Dept.
Plantiff Agency Ordinance Or
Statute
oc�
Male
State
MN
Page 4 of 4
b� �
Zip
55413
Expiration
2000
Expiration VIN
Violation
Date
08-11-1997
Statute
MPH Over
Charge Description
State of Wisconsin Statute 346.63(1)(b) AC r1%g (2nd) Intox.-
Severity Code Severity Description
MU Misd. U
�
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� - Wksconsin Circuit Court Access
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u
"�'
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Wisconsin Circuit Court Access
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Page 1 of 4
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Case Summary
:ase St�mmary
County Case Number Case Caption
Brown 96TR001108 State of Wisconsin vs GLEN E
BERHOW
Filing date
• 04-01-1996
Defendant
BERHOW,GLEN
E
Case type
Traffic Forfeiture
Responsible Court
Official
Atkinson, Wilfiam
Prosecuting Agency
District Attorney
Court Record Events
Case Status Maintenance
Closed
DA Case Old Case
Number Number
Prosecuting Attorney
Madson, Steven J
'� r ._. �
Defendant
Defendant Name
BERHOW,GLEN E
Secondary Address
u
7USTI5 ID
In Custody
No
Primary Address
2057 BRADBURY LN
Finger Print ID
Date of Birth
12-18-1957
City
GREEN BAY
Status
Sex Race
Male
State Zip
WI 54313
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• - Wnsconsin Circuit Court Access
0
•
Cha
•
Active
:ount 1
Statute /
Ordinance
346.89(1}
Page 2 of 4
°��t
es/Dispositions/Sentences
Severity Description Offense plea
Date
Forf. U INATTENTIVE 03-09-1996 G
DRIVING
Disposition Disposing Judgment of
Date Court Official Conviction
09-16-1996 Atkinson, Y
William
Disposition
Dispo. Disposition
No.
1 Guilty / No
Contest
Sentences
Sentence.
No.
1
Sentence.
N o.
2
Sentence.
No.
3
Sentence /
Condition
Forfeiture / Fine
Sentence /
Condition
Costs
Sentence /
Condition
Forfeiture / Fine
Time Time Sentence
Date
Time Time Sentence
Date
Time Time Sentence
Date
5
Yea rs
Citations
`
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• - WRsconsin Circuit Court Access
•
�
�
Bond Amount
$ 30.00
Appearance
Time
8:30AM
Date of Birth
12-18-1957
City
GREEN BAY
Citation 1
Citation Number
W 488174
� Appearance Date
05-02-1996
NBme
BERHOW,GLEN E
Street
2057 BRADBURY LN
Driver's License
Number
B600 2855 7458 04
Plate Number
; Issuing Agency
I State Patrol
� Plantiffi Agency
I Stiate of Wisconsin
Severity Code
OU
State
WI
State
Officer Name
Ordinance Or
Statute
Statute
Deposit Type
None
Mandatory
No
Sex
Male
State
WI
Page 3 of 4
Dl-q�
Zip
54313
Expiration
Expiration VIN
Violation
Date
03-09-1996
Statute
346.89(1)
Severity Description
Forf. U
MPH Over
Charge
Description
INATTENTIVE
DRIVING
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95SC000358 LIZER LAWN CARE vs GLEN BERHOW
Filing Case type Case Status
date
01-23- Small Claims Closed
1995
Responsible Court Old Case
Official Number
Gazeley, Lawrence L.
Parties
Party type
Defendant
Plaintiff
Party name
BERHOW,GLEN
LIZER LAWN CARE
Court Record Events
Par�ies
�
Maintenance
Class Code Description
Sm Claim, Claim Under $
Limit
Party Status
Active
Active
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� Wisconsin Circuit Court Access
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•
�
Page 2 of 2
��'ql
Party No. i
Party Name
LIZER LAWN CARE
Secondary Address
In custody
Q.�
Party Attorney(s)
Attorney Name
Calewarts, Kenneth G
Party type
Plaintiff
Primary Address
428 N SUPERIOR ST
Status
Active
Suffix GAL
N
State Zip
WI 54115
Withdrawn
Party No. 2
Party Name
BERHOW,GLEN
Secondary Address
In custody
No
Party Attorney(s)
Attorney Name
Metzler, Ronald F
Party type
Defendant
Primary Address
2057 BRP,DBURY LN
Status
Active
Date of Birth Sex Race
City
DE PERE
Entered
01-23-1995
Date of Birth Sex Race
City
GREEN BAY
Suffix GAL Entered
N 01-23-1995
State Zip
WI 54313
Withdrawn
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D
Case Summarv
se Summary
County
Brown
Filing date
07-26-1993
• Defendant
BERHOW,GLEN
E
•
Case Number
93CM000924
Casetype
Misdemeanor
Responsible Court
Official
Dilweg, Vivi L.
Prosecuting Agency
District Attorney
Court Record Events
Defendant
Defendant Name
j BERHOW,GLEN E
Page 1 of 2
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Case Caption
State vs GLEN E BERHOW
Case Status
Closed
DA Case
Number
Maintenance
Old Case
Number
Prosecuting Attorney
Zakowski, John P
Defendant
In Custody Date of Birth Sex
No 12-18-1957 Male
Race
Secondary Address Primary Address City State Zip
1078 LIME KILN RD GREEN BAY WI 54302
JUSTIS ID
Finger Print ID Status
Active
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,Wisconsin Circuit Court Access Page Z of 2
. O`��
�f I�
�
Cha
Coun# 1
Statute /
Ordinance
940.19(1)
es/ Dispositions/Sentences
Severity Description
Misd. U BATTERY CLASS A
MISD
Offense p�ea
Date
05-05-1993 G
Disposition
Dispo. Disposition
N o.
Disposition
Date
1 Guilty / No
Contest
entences
❑
C�
10-15-1993
Disposing Judgment of
Court Official Conviction
Dilweg, Vivi L. Y
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Displaying records 11 through 15
From a Total of 20
Search Criteria
Party Last Name exactly matches berhow
Party First Name starts with gien
Sorted First By: Filing Date (Descending}
C�
•
Case Filing County Case Date
Number Date Name Status Name Of Caption
Birth
GLEN
94SC002710 06-20- grown Closed BERHOW,GLEN BERHOW
1994 vs ROGER
PINGEL
12- State vs
93CM00 07 Brown Closed g�RNOW,GLEN 18- GLEN E
— — 1993 E 1957 BERHOW
Brown
93TR001469 05-24- grown Closed BERH�W,GLEN i�_ County vs
1993 E 1957 GLEN E
BERHOW
City of De
92TR003061 10-05- grown Closed gERHOW,GLEN 18_ Pere vs
1992 E 1957 GLEN E
BERHOW
.../ 971200725579 ResultSetll.html&EnforceServerPath=0-1-&Sf10/IO/2000
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•
�C"�1
PHILIP F
92SC002057 03-31- grown Closed BERHOW,GLEN LEE vs
1992 E GLEN E
BERHOW
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Case Summarv
ase Summary
County
: • � �
Filing date
10-05-1992
•
Defendant
Case Number
92TR003061
Case type
Traffic Forfeiture
Responsible Court
Official
BERHOW,GLEN Naze, Peter J.
E
Prosecuting Agency
City of De Pere Atty.
Court Record Events
Page 1 of 3
01-�9 �
Main
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Case Caption
City of De Pere vs GLEN E
BERHOW
Case Status Maintenance
Closed
DA Case Old Case
Number Number
Prosecuting Attorney
Kalny, James M
'�` - a .
Defendant
Defendant Name
BERHOW,GLEN E
Secondary Address
•
JUSTISID
In Custody
No
Primary Address
1078 LIME KILN RD
Finger Print ID
Date of Birth Sex Race
12-18-1957 Male
City
GREEN BAY
State Zip
WI 54302
Status
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•
�
•
Wisconsin Circuit Court Access
r
Active
Cha
:ount 1
Statute /
Ordinance
346.63(1)(A)
Page 2 of 3
DI-91
es/Dispositions/Sentences
Severity Description Offense p�ea
Date
Forf. U OPER UNDER 09-18-1992 G
INFLUENCE
Disposition
Dispo. Disposition
No.
1 Guilty / No
Contest
Disposition Disposing Judgment of
Date Court Official Co�viction
02-19-1993 Naze, Peter J. Y
Sentence.
N o.
1
Sentence.
� No.
I Z
Sentence.
No.
3
Sentence,
N o.
4
Sentence /
Condition
Forfeiture / Fine
Sentence /
Condition
Alcohoi assessment
Sentence /
Condition
Costs
Sentence /
Condition
License suspended
Time
Time
Time
Time
6
Months
Time Sentence
Date
05-07-1993
Time Sentence
Date
05-07-1993
Time Sentence
Date
05-0�-1993
Time Sentence
Date
05-07-1993
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�
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�
Wisconsin Circuit Court Access
.
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Div
- -- — - - -- - --- — - --- - - - -
Civil Case Summary
se Summary
�
County Case Number Case Caption
Brown 92SC002057 PHILIP F LEE vs GLEN E BERHOW
Filing date Case type
03-31-1992 Small Claims
Responsibie Court Official
Burdick, John
Parties
Party type
Defendant
Plaintiff
Page 1 of 2
Dl �
Main
Menu
Case Status Maintenance
Ciosed
Old Case Number Class Code Description
Small Claims, Eviction
Party name
BERHOW,GLEN E
LEE,PHILIP F
Court Record Events
Parties
Party No. �
Party Name
LEE,PHILIP F
Secondary Address
• ( I In custody
I Nn
Party type
Plaintiff
Primary Address
1931 BELLEVUE ST
Status
Active
Party Status
Active
Active
Date of Birth Sex Race
City State Zip
GREEN BAY WI 54311
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Wisconsin Circuit Court Access Page 2 of 2
._ �
�C��t/
_ �� -- - ---� - - II
•
��
�
Party No. 2
Party Name Party type Date of Birth Sex Race
BERHOW,GLEN E Defendant
Secondary Address Primary Address City State Zip
PO BOX 906 GREEN BAY WI 54305
In custody
�
Alias
Alias Name
' G B CORE INC
Status
Active
Alias type Date Of Birth
Doing Business As
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Civil Case Summa
se Summary
•
County Case Number
Brown 9ZSC001610
Filing date Case type
03-11-1992 Small Claims
Responsible Court Official
Burdick, John
Parties
Party type
Defendant
Plaintiff
Main
Menu
Case Caption
PHILLIP F LEE vs GLEN E BERHOW
Case Status Maintenance
Closed
��"ql
Old Case Number Class Code Description
Small Claims, Eviction
Party name
BERHOW,GLEN E
LEE,PHILLIP F
Court Record Events
Party Status
Active
Active
., ; _
Party No. 1
Party Name Party type Date of Birth Sex Race
', LEE,PHILLIP F Plaintiff
Secondary Address Primary Address City State Zip
1931 BELLEVUE ST GREEN BAY WI 54311
• I( In custody Status
Nn
Active
Page 1 of 2
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� --- .------ II
•
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Party No. 2
Party Name
BERHOW,GLEN E
Secondary Address
PO BOX 906
In custody
No
Alias
Alias Name
G B CORE INC
Party type Date of Birth Sex Race
Defendant
Primary Address City State Zip
GREEN BAY WI 54305
Status
Active
Alias type Date Of Birth
Doing Business As
��
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_ -- - -- ------- —
Case Summarv
Case Summary
County
Brown
Filing date
02-12-1992
• Defendant
BERHOW,GLEN
E
Case Number
92CM000179
Casetype
Misdemeanor
Responsible Court
Officiai
Schaefer, Nick
Prosecuting Agency
District Attorney
Court Record Events
Case Caption
State vs GLEN E BERHOW
Case Status Maintenance
Closed
DA Case Old Case
Number Number
Prosecuting Attorney
Shaha, Roger J
, ���'�a
•
Defendant
Defendant Name
BERHOW,GLEN E
i Secondary Address
JUSTIS ID
in Custody
No
Primary Address
1078 LIME KILN RD
Finger Print ID
Date af Birth
12-18-1957
City
GREEN BAY
Status
Active
Page i of 3
Sex Race
I►'IE1C
State Zip
WI 54302
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1
J
.
�isconsin Circuit Court Access
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��1 �� �
C�i'f1
:ount 1
Statute /
Ordinance
813.12(8)
�ges j Dispositions/Sentences
Severity Description Offense
Date
Misd. U VIOLATION OF DOMESTIC 01-21-
ABUSEINJUNCTIO 1992
Plea
�
Disposition
�� Disposition Disposition
No. Date
i Amend 07-19-1992
Disposing
Court Official
Schaefer, Nick
Judgment of
Conviction
N
Caunt I
Statute /
Ordinance
31.02
Severity Description Offense p�ea
Date
Forf. U
Disposition
Dispo. Disposition
No.
DISORDERLY 01-21-1992 G
CONDUCT
Disposition Disposing Judgment of
Date Court Official Conviction
1 Guilty / No 05-21-1992
Contest
5entences
Sentence.
No,
1
Sentence.
No.
2
Sentence.
Sentence /
Condition
Forfeiture / Fine
Sentence /
Condition
Costs
Sentence /
Schaefer, Nick Y
Time Time Sentence
Date
03-03-1992
Time Time Sentence
Date
03-03-1992
TimP Timra Sentence
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3
Condition
Forfeiture / Fine
03-03-1992
,
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C�
�
Page 3 of 3
DI-J�
....` .....` Date
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Party type
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Civil Case Summarv
Summary
�
County Case Number Case Caption
Brown 91FA001134 STEPHANIE J BERHOW vs GLEN E BERHOW
Filing date Case type Case Status Maintenance
i1-15-1991 Family Closed
Responsible Court Official Old Case Number Class Code Description
Atkinson, William
Parties
Party type Party name
Petitioner BERHOW,STEPHANIE J
Respondent BERHOW,GLEN E
Court Record Events '
�c'�1'tl@S
i41o. 1
Party Name
BERHOW,STEPHANIEJ
Secondary Address
� ( In custody
No
Petitioner
Divorce
Page 1 of 2
01-9�
Party Status
Active
Active
Date of Birth Sex Race
Primary Address City
703 N ADAMS ST DE PERE
Status
Active
State Zip
WI 54115
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�
�
�
Party Attorney(s)
Attorney Name
Roznowski, Thomas W
Suffix GAL Entered
N i1-15-1991
Page 2 of 2
Ol-�1�
Withdrawn
Party Na. 2
Party Name
SERHOW,GLEN E
Secondary Address
In custody
No
Party Attorney(s)
Attorney Name
Peterson, Wayne R
Party type
Respondent
Primary Address
1078 LIME KILN RD
Status
Active
Date of Birth Sex Race
City
GREEN BAY
Suffix GAL Entered
N 11-15-1991
State 2ip
WI 54302
Withdrawn
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D i v ision
- - - - - — - --- ----------- — - - - -- -- --- -
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Brown
Filing
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• I1-Oi-
1991
Case
Number
91CV001672
Casetype
Civil
Case Caption
STEPHANIE BERHOW vs GLEN E BERHOW
Case Status
Closed
Responsible Court
Official
Burdick, John
Parties
Party type
Defendant
Plaintiff
Old Case
Number
Party name
BERHOW,GLEN E
BERHOW,STEPHANIE
Court Record Events
Parties
��
Maintenance
Class Code Description
Domestic Abuse-Temp Rest
Order
Party Status
Active
Active
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Status
r
Party No. i
Party Name Party type Date of Birth Sex Race
� BERNOW,STEPHANIE Plaintiff
Secondary Address Primary Address City State Zip
1078 LIME KILN RD GREEN BAY WI 54302
In custody
No
.
�
Active
Page 2 of 2
�1- r
Party No. 2
Party Name
BERHOW,GLEN E
Secondary Address
Party type
Defendant
Primary Address
1078 LIME KILN RD
Status
Date of Birth Sex Race
City State Zip
GREEN BAY WI 54302
In custody
�
Active
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4RIG1f�AL
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Refened To
Committee: Date
!y
�
1 RESOLVED, that the Recycling Processing Center license application by Glen E.
2 Berhow, d/b/a G.B. Core, for the premises at 500 Bush Street in Saint Paul is hereby denied.
3
4 FURTHER RESOLVED, that the findings of fact and conclusions of law contained in the
5 Administrative Law Judge Report in this matter dated December 19, 2000 are adopted as the
6 written findings and conclusions of the Council in this matter, except as amended below. The
7 reasoning of the Memorandum of the ALJ attached to the findings and conclusions is not
8 adopted. The recommendation of the ALJ for issuance of the license is also not adopted.
10 FURTHER RESOLVED, that the following amendments to the ALJ Report are hereby
I1 adopted:
12
13 1
14
Finding of Fact #3 is amended to read as follows:
15 " 3. G.B. Core has operated at locarion in St. Paul for several years receiving
16 goods for inspection, processing the goods and shipping them to its Green Bay
17 headquarters. G.B. Core has never obtained a license to do business in St. Paul.
18
19
20
21
22
23
24
25
26
27
2.
3.
Finding of Fact #4 is amended to read as follows:
" 4. In the Fall of 1999, G.B. Core purchased property at 500 Bush Street in St.
Paul and moved its business operation to that site. G.B. Core never contacted the
Office of License and Inspections to determine whether thev needed a license to
o�erate their business."
The following Finding of Fact #17A is added:
28 "17A. Mr. Trooien, who lives next doar to the proroertv, testified to a number of
29 occasions when he observed fresh oil spills on the �round outside the buildine at
30 500 Bush Avenue. He �rovided photo�ra�hs of the spots, the recvcled auto parts
31 that might contain such oil and of oil druins on the propertv, and testified that he
32 had personallv observed that the substance on the eround appeared to be motor
33 oil."
34
35
36
37
38
4. Finding of Fact #20 is amended to read as follows:
" 20. Neither Schweinler nor Zangs were aware of any complaints about the
Applicant at any prior addresses. It was undisputed that Applicant had operated at
Council File # Q�_�
Green Sheet # �C�(n Q \ �
1 prior addresses in Saint Paul for man�vears without a license, and there was no
2 testimonv that he had ever inquired about the need for a license or affirmativeiy ��—h�
3 exnlored whether there were requirements for his business.
4
5 5. Conclusion # 6 is amended to read as follows:
6
7 " 6. That Applicant has the burden of showing that he is entitled to issuance of a
8 license. The Record supports that the property in question is properly zoned for
9 the type of business conducted by ffie Applicant; that all the necessary approvals
10 have been received from the City departments; and, the Applicant hs agreed to
11 condtions on the license to insure compliance of local, county, and state statutes,
12 rules and regulations, as well as to deal with some of the concerns voiced by the
13 neighbors. The Applicant has not met its burden of proof. however, because the
14 testimonv showin tg he repeated violations of laws relating to disposal of
15 hazazdous waste while this matter was pendin¢, and the operation without a
16 license at prior locations and at this location show that A�piicant has en�a e¢ d in a
17 uattern or practice of conduct of failure to compiy with laws reasonablv related to
18 the licensed activitv, which is a basis for adverse action under Saint Paul
19 Leeislative Code &310.06(b�)c, and the unlawful dis�osal of oil created serious
20 daneer to the public health, safet�r welfaze, which is a basis for adverse action
21 under Saint Paul Leeislative Code §310.06(b2(7Z
22
23 6. Conclusion # 7 is amended to read as follows:
24
25 " 4. The Record does r�et support the District Five Council's objections that the
26 Applicant is unfit under St. Paul Legislative Code Section 310.06(b)(6)c. and
27 section 310.06(bl(71, based upon the testimony of a pattern of violations of laws
28 relating to disposal of hazazdous waste and the long period of operation without a
29 license at prior locations without any affirmative attempts to deterxnine whether
30
31
32
33
34
licenses were required as well as operation at the current location without a
license.
Conclusion # 10 is deleted in its entirety.
35 This Resolution is based on the record of the proceedings before the ALJ, including the
36 hearing on October 12, 2000, the documents and exhibits introduced therein, the findings of fact
37 and conclusions of law of the ALJ as referenced above, and the deliberations of the Council in
38 open session on January 24, 2001.
39
1
2
3
4
5
A copy of this Resolution, as adopted, shall be sent by first class mail to the
Administrative Law Judge, and to the License ApplicanYs attorney, James Yazosh.
QRiG��IAL
�\-
Requested by Department of:
Adopted by Council: Date ��. '1 aa'�OZ
�
Adoption Certified by Council Secretary
By: `�_ � A�._._
Approved by Mayor: Date � Z� ��---
I
BY � �
By:
Form Approved by City Att ey
By: i o
Approved by Mayor for Submission to Council
By:
� �•q1
GREEN SHEET
Virginia Palmer
February 7, 2001 - Consent
�
TOTAL # OF SIGNATURE PAGES
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(CLIP ALL LOCATIONS FOR SIGNANRE)
Resolurion memorializing City Council action taken Jattuary 24, 2001, denying the application for a
Recycling Processing Center License by Glen E. Berhow, dba G.B. Core, Inc., 500 Bush Street.
PLANNING COMMISSION
CIB CAMMITTEE
CNIL SERVICE CAMMISSION
ITAGES IF NOT APPROVEC
70UNT OF TRANSACTION
SOURCE
NFORMAiiON (F1�WN)
266-8710
� mm �� �r�ea ��ee. a� r«mK a�srtme�n
YES Na
lias Mis P�� ever been e dty empbyee9
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COST/REVENUE BUDGETED (CIRq.E ONE)
I��iil9iiC1 ��:1
YES NO
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
100 Washington Square, Suite 1700
100 Washington Avenue South
Minneapolis, Minnesota 55401-2138 � —
December 19, 2000
Fred Owusu, City Clerk
City of Saint Paul
170 City Hall
15 West Kellogg Blvd.
Saint Paul, MN 55102
RE: In the Matter of the License Application of Glen E.
Berhow d/b/a G.B. Core, Inc.; OAH Docket No. 9-2111-
13169-2
Dear City Clerk Owusu:
� �
Enclosed herewith and served upon you by mail is the Administrative Law
Judge's Findings of Fact, Conclusions and Recommendation in the above-
entitled matter. Also enclosed is the official record, with the exception of the tape
recording of the hearing. Copies of those tapes will be sent to you under
separate cover. Our file in this matter is now being closed.
Sincerely,
=�����- � �-�'
PHYLLIS A. REHA
Administrative Law Judge
Telephone: 612/341-7602
PAR:aws
Encl.
cc: Virginia D. Palmer, Assistant St. Paul City Attorney
James A. Yarosh, Attorney at Law
R��E��!E�
�EC 21 2000
�d �`Y �L�F�f�
Providing Impartial Hearings for Govemment and Citizens
An Equal Opportunity Employer
Administrative Law Section &Administrative Services (612) 341-7600 �TfY No. (612) 341-7346� Fax No. (612) 349-2665
oi- qr
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 19 day of December, 2000, at the City of Minneapolis, county and state
aforementioned, she served the attached Findings of Fact, Conclusions and
Recommendation; Docket No. 9-2111-13169-2 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 Hail
15 West Kellogg Bivd.
Saint Paul, MN 55102
Virginia D. Palmer
Assistant St. Paul City Attorney
400 City Hall
15 West Kellogg Blvd.
Saint Paul, MN 55102
James A. Yarosh
Attorney at Law
1300 Washington Square
100 Washington Avenue South
Minneapolis, MN 55401
Subscribed and sworn to before me
this � h day of December,
�
��.�
Debra S. Aws
'r���
�� IeVONRE�
Morun r�. y
MN COMMISSION EXPF
JANUMY 31.20pg
0�-4�
9-2111-13169-3
OFFICE OF ADMINISTRATIVE HEARINGS STATE OF MINNESOTA
FOR THE CITY OF SAINT PAUL
In the Matter of the License Application of FINDfNGS OF FACT,
Glen E. Berhow d/b/a G.B. Core, Inc. CONCLUSIONS OF LAW
AND RECOMMENDATION
The above-entitled matter came on for hearing before Administrative Law
Judge Phyllis A. Reha at 9:30 a.m. on October 12, 2000 in Room 220, St. Paul
City Hall, Ramsey County Courthouse, 15 West Kellogg Boulevard, St. Paul,
Minnesota.
Virginia D. Palmer, Assistant St. Paul City Attorney, 400 City Hall, 15 West
Kellogg Boulevard, St. Paul, Minnesota, appeared on behalf of the Office of
License, Inspections and Environmental Protection (LIEP). James A. Yarosh,
Attorney at Law, 1300 Washington Square, 100 Washington Avenue South,
Minneapolis, Minnesota, 55401 appeared on behalf of the Applicant, Glen E.
Berhow, d/b/a G.B. Core, Inc.
The record closed on November 7, 2000 with the receipt with the Iast post-
hearing submission.
NOTICE
This Report is a recommendation, not a final decision. The City Councii
will make the final decision in this matter, after its review of the record. The City
Council may adopt, reject or modify the Findings of Fact, Conclusions, and
Recommendation contained herein. The Council will consider the evidence in
this case and the Administrative Law Judge's Recommendation, but will not
consider any factual testimony not previously submitted to and considered by the
Administrative Law Judge. The Licensee will have an opportunity to present oral
or written arguments regarding its position on the Recommendation of the
Administrative Law Judge in the application of the law or interpretation of the
facts and may present argument related to its position. Parties should contact
the Saint Paul City Council, 310 City Hall, Saint Paul, Minnesota 55102 to
ascertain when the Council will consider this matter and procedures for filing
exceptions or presenting arguments.
STATEMENT OF ISSUE
The issue in this matter is whether the City should grant a Recycling
Processing Center License to the Applicant, Glen E. Berhow, d/b/a G.B. Core,
Inc.:
Based upon all of the proceedings herein, the Administrative Law Judge
makes the following:
���g t
FINDINGS OF FACT
1. G.B. Core, Inc. is a company that purchases used engines,
transmissions and catalytic converters and selis them to remanufacturing
companies throughout the world.'
2. The company has been in business for over 12 years and has its
corporate headquarters in Green Bay, Wisconsin?
3. G.B. Core has operated at locations in St. Paul for several years
receiving goods for inspection, processing the goods and shipping them to its
Green Bay headquarters.
4. {n the Fa11 of 1999, G.B. Core purchased property at 500 Bush Street
in St. Paul and moved its business operations to that site.
5. The property on which the business is located is zoned I-1 Industrial,
and would allow the collection and storage of auto parts, but would not permit
any type of auto salvage. G.B. Core does not operate a saivage operation.
6. The existence of the business first came to the attention of St. Paul
O�ce of License, Inspection and Environmental Protection ("LIEP') when they
investigated a complaint concerning alleged auto salvage activity on the street in
front of the property. The zoning administrator advised those present that they
could complete the operation but that no additional activity would be allowed in
the building or surrounding property until zoning, licensing and building
recertification issues were resolved.
7. The Applicant was advised in a letter dated December 2, 1999 that it
could not operate until a license was issued.' After the Applicant advised LIEP
that the nature of the business did not include any type of auto salvage, staff of
LIEP advised the Applicant that it was a practice of the City to allow a business to
operate while a license application was pending. On December 10, 1999,
Lawrence Zangs of LIEP sent a letter to Glen Berhow, the President of G.B. Core
stating that G.B. Core needed to obtain a business license for a recycling action
center. Zangs indicated that the property was appropriately zoned for G.B.
Core's use. LIEP determined that a Recycling Center License was the type of
St. Paul City Ordinance license, which best fit G.B. Core's business.'
8. The Applicant submitted an application for the Recycling Center
License on January 3, 2000.
' Testimony of Glen E. Berhow, President, G.B. Core, Inc.
2 Id.
3 �d.
° Id.
5 Exhibit 1, Testimony of Lawrence Zangs.
6 Testimony of Lawrence Zangs.
' Exhibit 1.
8 Testimony of Berhow, Schweinler and Zangs.
9 Exhibit 3.
10 Testimony of Schweinler and Zangs.
2
�!-R�
9. The Appiicant was notified by letter dated March 9, 2000 that LIEP
still needed some information for the license application, inciuding a copy of the
lease or purchase agreement for the property, a copy of the State of Minnesota
tax identification number certificate, and a signed copy of conditions being
proposed for the license. The letter also included the following statement: "If you
wish to continue to operate your business, you must submit the aforementioned
requirements by March 20, 2000."
10. 7he Applicant agreed to the placement of the following five
conditions on the license:
(1) The collection and processing of parts, for shipment, shall be
conducted inside the building.
(2) The business operation at this licensed premise should not be in
the manner of an auto salvage use.
(3) There shall be no exterior storage.
(4) The handling and storage of vehicle fluids, batteries, etc. shall
be in accordance with the Ramsey County waste regulations.
(5) The dumpster must be stored on the property and not in the
alley, street, or on the public sidewalk.
11. A copy of these license conditions was signed by the Applicant on
March 13, 2000, and the license was considered complete and proceeded
forward.
12. The Applicant agreed to a sixth condition after a public hearing,
which limits the business hours of operation from 7:00 a.m. to 7:00 p.m. The
sixth condition was signed on August 17 2000,
13. A Recycling Collection Center License is a Class N License which
requires notice of the license application to be sent to properties within 300 feet
of the proposed location, and the District Council or neighborhood organization,
and attow them an opportunity to object to the ficense.'
14. Notice was sent by LIEP to the properties and the District Five
Planning Council. LIEP received several objections from property owners and
the District Five Planning Council. A hearing was scheduled before a
Legislative Hearin�q Officer on May 10, 2000, and then rescheduled and held on
August 17, 2000.'
15. The Office of LIEP summarized the licensing application for the
Legislative Hearing Officer, and recommended issuance of the license with six
" Exhibit 5.
1z Exhibit 6.
'3 Id.
' Testimony of Schweinler, Saint Paul Legislative Code Section 310.04 (d)(1).
15 Exhibit 8 and 10.
16 Exhibit 9 and 12.
3
� t- 9!
conditions. These were the five conditions initially signed by Applicant and the
additional sixth condition added after the hearing on August 17, 2000."
16. Objections were raised at the hearing to issuance of the license by
the District Five Planning Council based upon the following allegations: 1) that
the Applicant was operating before the license was issued; 2) that the Applicant
was illegally disposing of hazardous materials; 3) that the Applicant was doing
work on the building withoui permits; and, 4) that engine and auto parts were
being left outside of the building, in violation of one of the proposed conditions. A
neighbor objected to issuance of the license because the business was operating
without a license, was doing building without permits and was illegaliy disposing
of hazardous materials.
17. City Inspector Christine Schweinler, who determined no violations
existed, investigated the objections and complaints. Schweinler referred the
hazardous material complaint to Ramsey County. Typically, if there were a
violation of County environmental regulations, Schweinler would hear back from
the County. With respect to G.B. Core's operation, Schweinler never heard back
from the County.'
18. Mike Cimmaglio, an Inspector from the Ramsey County Department
of Public Health, Environmental Health Section, visited G.B. Core's property. Mr.
Cimmaglio informed the Applicant about the hazardous waste management plan
which requires a business to store and label used oil containers according to the
inspection reports and requires regular reporting by the business?
19. G.B. Core, at the suggestion of the City's fire inspector, placed the
drums of used oil it collects in the ordinary course of business on a platform so
as to avoid any possibility that oil could spill on the floor 2
20. Neither Schweinler nor Zangs were aware of any complaints about
the Applicant at any prior addresses.
21. Before alteration to the building, the Applicant asked the City
whether it needed a building permit. The City informed the Applicant that no
permit was necessary for the type of alterations it intended to make. After the
August 17, 2000 public hearing concerning the license, the Applicant checked
with a City building inspector to assure himself that he wouid not need to obtain a
building permit. The building inspector informed the Applicant that to be on the
safe side he should obtain a minor building permit. G.B. Core obtained the
permit. The Applicant was not charged with any type of violation of building
permit requirements2
"Exhibit 11 and 15.
18 Exhibit 15.
t9 Testimony of Schweinler.
20 Testimony of Fred Gonzales.
Z' Id.
ZZ Testimony of Schweinler and Zangs.
23 Testimony of Berhow.
0
01-9�
22. With respect to the auto parts and other debris being left outside the
building, Schweinler, upon her visit to the property, did not observe any auto
parts or garbage outside of the building?'
23. It is common knowledge among City officials that iilegal dumping of
garbage is a problem in that area of Saint Paul. The ApplicanYs employees
maintain clean premises and appropriately dispose of garbage dumped on its
property Z5
24. After a review by the relevant departments within the City, the City
staff recommended approval of G.B. Core's recycling Collection Center License.
25. The Legislative Hearing Officer sent the matter to the City Council
on September 6, 2000 with a recommendation that the license be issued with the
six proposed conditions. The City Council sent the matter to be heard before an
Administrative Law Judge from the Office of Administrative Hearings.
26. Notice of the Hearing was sent to the Applicant and to a number of
neighborhood groups, including the District Five Planning Council.
27. The LIEP staff continued to recommend issuance of the license with
the conditions proposed, and which Applicant had agreed to. The LIEP staff
determined that they determined the appropriate type of license for the business
Applicant intended to operate, and that the Recycling Processing Center License
is the closest licensure appropriate for this business.
28. Bruce Sylvester, a paid staff person for the District Five Planning
Council, and Troy Trooien, whose home is directly adjacent to the property, both
testified at the hearing in opposition to the license. The opposition is consistent
with the previous opposition submitted to the Legislative Hearing Officer. Mr.
Trooien further recommended a number of additional conditions, including the
foilowing:
(1) Keeping a cover over the scrap metal dumpster;
(2) Requiring the Applicant and all employees to undergo training in
the storage and disposal of hazardous waste;
(3) Making unannounced inspections by the neighborhood council;
(4) Requiring the Applicant to post a perfiormance bond;
(5) Requiring the Applicant to construct a fence around the eastern
portion of the property; and
(6) Requiring the Applicant to keep the dumpster locked during
non-business hours.
29. John Londino, a neighbor to the property, also testified in opposition
to the license. He is concerned that the business is not operating within the
hours set forth in the conditions. He is further concerned that the trucks
24 Testimony of Schweinler.
25 Testimony of Schweinler and Gonzales.
Z6 Exhibit 13.
Z ' Testimony of Troy Trooien.
5
o1-ql
delivering auto parts to the property have blocked the road on at least two
occasions per month sometimes for hours at a time.
30. The neighbors registering complaints do not object to G.B. Core's
use of the property, but believe that the Applicant is of unfit character.
Based upon the foregoing Findings of Fact, the Administrative Law Judge
makes the following:
CONCLUSIONS
1. The Administrative Law Judge and the City Council of the City of
St. Paul have jurisdiction in this matter pursuant to Minn. Stat. § 14.55 and St.
Paul Legislative Code § 310.05.
2. The Notice of Hearing was proper in all respects and the City has
complied with all other substantive and procedural requirements of law or rule.
The City provided Notice of the Hearing to the property owners and
neighborhood organizations for the area in which the business is located.
3. The City has authority to grant licenses and the Applicant has not
challenged its determination that a Recycling Collection Center License is the
correct license for this business.
4. The City may impose reasonable conditions on a business license
for the purpose of promoting public health, safety and, welfare.
5. The Applicant has agreed to six conditions that were recommended
by LIEP.
6. The Applicant has the burden of showing that he is entitled to
issuance of a license. The Record supports that the property in question is
properly zoned for the type of business conducted by the Applicant; that all the
necessary approvals have been received from the City; and, the Applicant has
agreed to conditions on the license to insure compliance of local, county, and
state statutes, rules and regulations, as well as to deal with some of the concerns
voiced by the neighbors. The Applicant has met its burden of proof.
7. The Record does not support the District Five Council's objections
that the Applicant is unfit under St. Paul Legislative Code Section 310.06(b).
8. The suggested condition by Mr. Trooien that a cover be kept over the
scrap metal dumpster is a reasonable one and should be considered by the City
Council as an added condition to the license.
9. The concern expressed by Mr. Londino about trucks blocking the
street is a reasonable concern. Adding a condition requiring the Applicant not to
permit trucks delivering parts to the business to block the street preventing use
by through traffic should be considered by the City Council as an added condition
to the license.
28 Testimony of John Londino.
29 Testimony of Sylvester, District Five Planning Council.
3o St. Paul Legislative Code § 31�.�6 (c).
6
�/
10. The foregoing conclusions are made for the reasons set forth in the
Memorandum which follows, is hereby incorporated by reference.
Based upon the foregoing Conclusions, the Administrative Law Judge
makes the following:
RECOMMENDATION
IT IS HEREBY RECOMMENDED: that the St. Paul City Council GRANT
the Application by Glen E. Berhow d/b/a G.B. Core's Application for a Recycling
Process+ng Center License with the conditions as set forth herein.
Dated this 19�' day of December, 2000.
���yi ��'2 G1.. ��e�
PHYLLIS A. REHA
Administrative Law Judge
Reported: Taped
NOTICE
ft is respectfully requested that the City Council provide a copy of its final
decision to the Administrative Law Judge by first class mail.
u�:_►�
A municipality can not deny an application for a license arbitrarily or
unreasonably. Under the Saint Paul City Code, where the application for the
grant of a Class N license meets all the requirements of law, and where there
exists no ground for adverse action, the Director shall issue such license in
accordance with Iaw. The Office of License, Inspections and Environmental
Protection is recommending issuance of the license with conditions, based upon
the review of the application, and approvals by zoning, licensing, fire and
environmental health. The evidence establishes that the Applicant meets all the
requirements of law as demonstrated by the Office of LIEP's recommendation to
approve the license.
The matter was referred for hearing before an Administrative Law Judge
based upon the objections of the District Five Planning Council and other
neighbors who objected to the issuance of the license to the Applicant. The
concerns of the neighbors and the District Five Planning Council is not the nature
31 State ex. rel. Rainer vs. City of Minneapolis, 204 N.W. 632, 633 (1925).
32 Saint Paul Legislative Code, Section 310.04(d)(1)
7
� l- q�
10. The foregoing conclusions are made far the reasons set forth in the
Memorandum which follows, is hereby incorporated by reference.
Based upon the foregoing Conclusions, the Administrative Law Judge
makes the following:
RECOMMENDATION
IT IS HEREBY RECOMMENDED: that the St. Paul City Council GRANT
the Application by Glen E. Berhow d/b/a G.B. Core's Application for a Recycling
Processing Center License with the conditions as set forth herein.
Dated this 19� day of December, 2000.
��r�,-��- �. �'-�,��
PHYLL S A. REHA
Administrative Law Judge
Reported:
NOTIGE
It is respectfully requested that the City Council provide a copy of its final
decision to the Administrative Law Judge by first class mail.
MEMORANDUM
A municipality can not deny an application for a license arbitrarily or
unreasonably. Under the Saint Paul City Code, where the application for the
grant of a Class N license meets all the requirements of law, and where there
exists no ground for adverse action, the Director shall issue such license in
accordance with law. The Office of License, Inspections and Environmental
Protection is recommending issuance of the license with conditions, based upon
the review of the application, and approvals by zoning, licensing, fire and
environmental health. The evidence establishes that the Applicant meets all the
requirements of law as demonstrated by the Office of LIEP's recommendation to
approve the license.
The matter was referred for hearing before an Administrative Law Judge
based upon the objections of the District Five Planning Council and other
neighbors who objected to the issuance of the license to the Applicant. The
concerns of the neighbors and the District Five Planning Council is not the nature
31 State ex. rel. Rainer vs. City of Minneapolis, 204 N.W. 632, 633 (1925).
3z Saint Paul Legislative Code, Section 310.04(d)(1)
7
ot�q�
of the business, but the character of the Applicant, who they believe "is not a
person of the good moral character or fitness required to engage in a license
activity, business or profession." They also believe that the Applicant has
engaged in a"pattern or practice of conduct or failure to comply with laws
reasonably related to the license activity or from which an inference or lack of
fitness or good character may be drawn." They assert that the Applicant has
"failed to comply with any conditions set forth in the license, or set forth in the
resolution granting or renewing the license." They further assert that "the
license activity has created a serious danger to the public health, safety or
welfare." Finally, they claim that the "Applicant has materially changed or
permitted a material change in the design, construction or configuration of the
license premises without... having first obtained the proper building permits from
the City.°
Most of the concerns voiced by the neighbors or planning council
representative are in the nature of unsubstantiated allegations. These can not be
the basis for denying the Applicant a license. G.B. Core learned for the first time
in December of 1999, that the City of Saint Paul required it to obtain a Recycling
Collection Center License for its new location, despite having operated in the City
of Saint Paul for several years without any complaints. Upon learning that it
needed a license, G.B. Core complied with the City's request and accepted the
placement of six conditions on its license. G.B. Core has been operating
continuousiy since it first learned of the iicensing requirement. The evidence
shows that City policy allows businesses requiring a license to continue to
operate while applying for a license. In fact, Laurence Zengs testified that the
City had a difficult time deciding what type of license, if any, G.B. Core needed to
operate at the 500 Bush Street location. After consulting with a senior license
inspector, the Office of LIEP determined that the Iicensing status of G.B. Core's
business would require a Recycling Collection Center License as it was the
closest fit to the ApplicanYs business operations. On December 10, 1999, the
City notified the Applicant of its licensing status; and, although the letter indicated
that G.B. Core could not operate its business until it received its Recycling
Collection Center License, Christine Schweinler stated that the inclusion of the
statement in the letter was in error because the City does allow a business to
continue to operate while it is in the process of obtaining a license. Schweinler
further testified that applying for and receiving a business license takes time and
that the City gives businesses an opportunity to obtain a license and to comply
with any required conditions. Thereafter on January 3, 2000, the applicant
applied for the Recycling Collection Center License and agreed to five conditions.
The applicant then agreed to a sixth condition after a public hearing in August of
2000.
33 Saint Paul Legislative Code, Section 310.04(d)(1);
34 Saint Paul Legislative Code Section 310.06(b)(6)c.
3s Saint Paul Legislative Code Section 310.06(b)(5).
as Saint Paul Legislative Code Section 310.06(b)(7).
37 Saint Paul Legislative Code Section 310.06(b)(11).
38 Testimony of Ghristine Schweinler.
ss Id.
� $
01-9/
Prior to the public hearing, the City received two letters from citizens with
concerns about G.B. Core's business. Specifically, the residents concerns
included: 1) the business currently seems to be operating illegally without a
Iicense; 2) the business has disposed of hazardous materials (oil and fluorescent
bulbs) in an illegal manner; 3) the Applicant has done work on its building without
proper building permits; and, 4) engine and auto parts have been left lying
outside of the building.
Ms. Schweinler investigated these complaints and determined that no
violations existed. In fact, Schweinler did not notice any debris outside of the
building when she visited. The City acknowledges that illegal dumping of
garbage frequently occurs in the area and the company testified that the
applicanYs employees clean up and appropriately dispose of garbage that has
been dumped on its property.
With respect to the concerns of hazardous materials, Schweinler referred
the complaint to Ramsey County and never heard back. She indicated that had
there been a violation of County regulations she would have heard something
from the County. In fact, an inspector from the Ramsey County Department of
Public Health and Environmental Health Section has visited the property and
informed the Applicant that it appropriately handles hazardous wastes.
With respect to the complaint concerning the buifding permit, this matter
was referred to another department within the City. The City has not issued any
violations of building permit requirements. The Applicant did affirmatively contact
the City Building Permit Department who informed the Applicant that it did not
need a building permit to make the alterations to its buiiding. Despite this advice,
the Applicant did obtain a minor buiiding permit for construction at the site.
Based on these facts, it can not be determined that the App�icant has failed to
comply with any conditions set forth in the license, or that its activities have
created a serious danger to the public health, safety or welfare, or that it has
done construction on the licensed premises without a proper building permit from
the City.
With respect to the issue of lack of fitness or good character, there is no
direct evidence in the record to support a finding that Applicant made any
misrepresentations of materia{ fact in its Application. IVor have the ob}ectors
established any pattern or practice of conduct for failure to comply with laws
reasonably related to the ticense activity, or from which an inference of lack of
fitness or good character may be drawn. The concern expressed by the District
Five Council that the Applicant has been operating while the license application
was pending, might appear to be a technical violation of the ordinance; yet, the
testimony from the licensing and zoning inspectors was clear that they were fully
aware that the Applicant was operating, and it was not unusual with this type of
license to permit operation while the application was pending. In fact, the letter
to Applicant dated March 9, 2000 from the Office of LIEP refers to the fact that
Applicant can "continue to operate" the business if he submits the required
40 Testimany of Schweinler.
9
information and the license application is considered active. Ms. Schweinler
testified that when she visited the site and observed work being done, she
advised the Applicant to call to find out whether a building permit was required.
This conduct does not rise to the level of "a pattern or practice of conduct, or a
faiiure to comply with laws reasonabiy related to the Iicense activity." The
evidence demonstrates, that the City allowed the Applicant time to make
application and comply with its license. Some of the concerns expressed by the
neighbors are that they do not trust the Applicant. This is an insufficient and
arbitrary reason for denying the permit. However, several of the concerns voiced
by the neighbors and the District Five Planning Council are valid concerns. The
Administrative Law Judge has recommended that the City Council consider
adding two additional conditions to the Applicant's license. Those are:
(1) that a cover be kept over the scrap metal dumpster; and
(2) that the Applicant not permit any trucks delivering parts to the business
to block the street and to prevents its use by regular traffic.
The conditions that have been placed upon the ApplicanYs license and
these added conditions presume that the Applicant will be inspected on a regular
basis to determine compliance with the conditions on the license and that all
relevant rules and regulations related to the operation of the business will be
expected. Violations, if any, can then be acted upon through appropriate
adverse action through the Office of LIEP. In conclusion, the evidence submitted
at the hearing demonstrates that the Applicant is entitled to its Recycling
Collection Center License.
�
i[�
CITY OF SAINT PAUL
Norns Colemnn, Mayor
November 3, 2000
The Honorable Phyllis A. Reha
Administrative Law Judge
Office of Administrative Hearings
100 Washington Squaze, Suite 1700
Minneapolis, MN 55401
OFFICE OF THE CITY ATTORNEY D 1, !�, /
-. Clayton M. Robinson, Jc, C!ty Attorney 7
RECEIVED �;�,rD,,,;s,o„
� n A p� ( �r� OOCiryHall Telephone:651266-8710
1}� �7�� '� NC5 ili' .1 j WeszKeltoggBtvd. Facsemile: b51 298-5679
r Saint Paul, Minnuota �5102
nv'I' � i i
I'i��ft11F V �
RE: In Re the License Application of Glen E. Berhow, d/bla G. B. Core, Inc.
Deaz Judge Reha:
Enclosed please find the City's Final Argument in the above-entitled matter, together
with the Proposed Findings of Fact, Conclusions and Recommendation you requested from the
Parties. A copy of the same has been served by mail upon attorney for the Applicant, James
Yarosh.
Please feel free to contact me if you have any questions.
Sincerely,
�L����Q-���.
Virginia D. Palmer
ASsistant City Attorney
cc: James Yazosh
CITY OF SA1NT PAUL
Norm Coleman, Mayor
November3,2000
James Yarosh
Attomey at Law
1300 Washington Squaze
Minneapolis, MN 55401
4 R;
i�; U� ;: iii S{ i?H c 1 i��C
��iyf'ii�t V J
OFFICE OF THE CITY ATTORi�IEY Q J_ g/
Clnyton M. Robinson, Jr., CiryAliorney
4 � C l. i Y t D CivilDivision
/� n 400 Ciry Hall Telephone: 651 166-8 7/0
U� �U� —� �� ��; 3�ISWestKelloggBlvd. Fauimile: 651298-56l9
Saint Pnu1, Minrsesofa 55/01
RE: In Re the License Application of Glen E. Berhow, d/b/a G. B. Core, Inc.
Dear Mr. Yarosh:
Enclosed and served upon you by United States Mail please find the City's Final
Argument in the above-entitled matter, together with the Proposed Findings of Fact, Conclusions
and Recommendation.
Please feel free to contact me if you have any questions.
Sincerely,
� J �C�t' �w
���
Virginia D. Palmer
Assistant City Attorney
cc: Judge Phyllis A. Reha
��-g/
STATE OF NIlNNESOTA
OFFICE OF ADMINISTRATNE HEARINGS
FOR THE COUNCIL OF THE CITY OF SAINT PAUL
In Re the License Application of
Glen E. Berhow, d/b/a G.B. Core, Inc.
FINDINGS OF FACT,
CONCLUSIONS, AND
RECOMMENDATION
The above-entitled matter was heazd by Administrative Law Judge Phyllis A. Reha,
acting as a hearing officer fort the Saint Paul City Council, on October 12, 2000, at 9:30 a.m. in
Room 220 of the Saint Paul City Hall- Ramsey County Caurthouse, 15 West Kellogg Boulevazd,
Saint Paul, Minnesota.
Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 West Kellogg Boulevard,
Saint Paul, MN 55102, appeared on behalf of the Offica of License, Inspections and
Environmental Protection (LTEP). James A. Yazosh, 1300 Washington Square, 100 Washington
Avenue South, Minneapolis, MN 55401 appeared on behalf of the Applicant, Glen E. Berhow,
who was present. The record closed on November 3, 2000 with the receipt of the last post-
hearing submission.
NOTICE
This Report contains a recommendation and not a final decision. The final decision will
be made by the Saint Paul City Council, which may affirm, reject or modify the Findings and
Conclusions contained herein. The Council will consider the evidence in this case and the
Administrative Law Judge's recommended Findings of Fact and Conclusions, but will not
consider any factual testimony not previously submitted to and considered by the Administrative
Law Judge. The Licensee will haue an opportunity to present oral or written arguments
regarding its position on the recommendation of the Administrative Law Judge in the application
of the law or interpretation of the facts and may present argument related to its position. Parties
should contact the Saint Pau: City Council, 310 City Hall, Saint Paul, Minnesota, 55102 to
ascertain when the Council will consider this matter, and the procedure for filing exceptions or
presenting argument.
STATEMENT OF THE ISSUES
The issue in this matter was whether the City should grant a Recycling Processing Center
license to the Applicant.
Based upon the files, records and proceedings herein, the Administrative Law Judge
(AL� makes the following:
ol-g�
FINDINGS OF FACT
1. The Applicant, Glen E. Berhow, d/b/a G. B. Core, Inc., has applied for a Recycling
Collection Center license to operate a business at 500 Bush Avenue, in Saint Paul. This is the
type of license which was recommended by the Office of LIEP after consultation between the
licensing and zoning inspectors, based upon ApplicanYs description of the intended use of the
property.'
2. The property on which the business is proposed to be located is zoned I-1 industrial,
and would allow the collection and storage of auto parts, but would not permit any type of auto
salvage.
3. The existence of the business first came to the attention of LIEP when they
investigated a complaint about auto salvage on the street in front of the property. The zoning
administrator advised the people present that they could complete the operation but that no
additional activity would be allowed in the building or surrounding property until zoning,
licensing and building re-certification issues were resolved. 3
4. The Applicant was advised in a letter dated December 2, 1999 that he could not
operate until a license was issued, but testimony by both Mr. Zangs and Ms. Schweinler was that
businesses such as these frequently aze allowed to operate while the license application is
pending.
5. The Applicant submitted an application for a license dated January 3, 2000 5
6. The Applicant was notified by letter dated Mazch 9, 2000 that LIEP still needed
some information for the license application, including a copy of the lease or purchase agreement
for the property, a copy of the State of Minnesota Tas Identification Number Certificate and a
signed copy of conditions being proposed for the license. This letter also included a statement
that applicant could not conduct a recycling collection center without a valid license, and stated
"If you wish to continue to operate your business, you must submit the aforementioned
requirements by March 20, 2000.
�Testimony of Kristina Schweinler, senior license inspector, and of Lawrence Zangs,
zoning staff.
Z Each. 1. Testimony of Lawrence Zangs.
3 Testimony of Lawrence Zangs.
° Each. 1, Testimony of Kristina Schweinler and Lawrence Zangs.
5 E�. 4
6 Exh. 5
�1-9i
had inspected the business and had advised them on a Hazardous Waste Management Plan,
which requires the business to store and label used oil containers according to the inspection
report, and requires regular reporting by the business.
CONCLUSIONS
1. The Administrative Law 7udge and the Saint Paul City Council have jurisdiction of this
matter pursuant to Saint Paul Legislative Code §310.05.
2. The Applicant received timely and proper notice of the hearing and the City has complied
with all relevant substanrive and procedural requirements of statute and rule. The City provided
notice of the hearing to the neighborhood community organizations for the area in which the
business is located.
3. The City has authority to grant licenses, and its determinarion that a recycling processing
center is the correct license for this business has not been challenged by the Applicant.
4. The City may impose reasonable condirions on a business license with the consent of the
Applicant or after a hearing to determine if they are appropriate. Applicant has agreed to the six
conditions being recommended by the Office of LIEP.
5. The Applicant has the burden of showing that he is entitled to issuance of a license. The
record supports that the properiy in question is properly zoned for the type of business, and that
all of the necessary approvals have been received from the City, and Applicant has agreed to
conditions on the license to insure compliance with Iocal, county and state statues, rules and
regulations, as well as to deal with some of the concerns voiced by neighbors.
6. The neighbors objections that the Applicant is unfit under Saint Paul Legislative Code
§310.06(b) are not supported by the record.
7. The suggested condition by Mr. Trooien that a cover be kept over the scrap metal dumpster
is a reasonable one, and should be added as a condition on the license.
8. The concern by Mr. Londino about trucks blocking the street is a legitimate one and an
additional condition should be added requiring that the Applicant not permit any trucks
delivering parts to the business to illegally block the street and prevent its use by regular traffic.
RECOMMENDATION
IT IS HEREBY RECOMMENDED that Glen E. Berhow's application for a recycling
13 Saint Paul Legislative Code §310.06(c)
0/-9�
processing center Iicense be GRANTED.
Dated this day of November, 2000.
Phyllis A. Reha
Administrative Law Judge
°�- g�
LAW OFFICES
SIEGEL, BRILL, GREUPNER, DUFFY & FOSTER, P,A.
JOSIAH E. BRILI, JR.
JAMESR.GREUPNER
GERALD 5. DUFFY
WOOD R.FOSTER.JR_
TIiOMAS H. GOODMAN
JOIiN 5. WATSON
WM.CHRISTOPHERPENWELL
SUSAN M.VOIGT
ANTHONYJ.GLEEKEL
JOEL N.JENSEN
SNERRI L ROHLF
JORDAN M. LEWIS`
BRIAN E WEISBERG
�300 WASHINGTON SQUARE
100 WASHIN6TON AVENUE SOUTH
MINNEAPOL15, MINNESOTA55401
TELEPHONEf6t21339-]13l
FAC51 M I LE ( 612 ) 339-6591
Writer's Voicemail Number: 335-0158
November 3, 2000
Phyllis A. Reha
Administrative Law Judge
Office of Administrative Hearings
100 Washington Squaze
Suite 1700
Minneapolis, MN 55401-2138
Re: In re the Applicatioa of GB Core, Inc.
Our File No. 22,335-JI'
Dear Judge Reha:
Enclosed for filing are:
1
►�
MICHELLE R. KLEGON
JAMES A. YAROSN
STEVEN WEINTRAUT
TROY J. SEIBERT
ROBERTF.RODE
BRENNAE.NELSON
'S25 EPST WELLS STREET. SVITE 250
MILWAUKEE. WISCONSIN 53 20 2-381 5
t414� 225�96a6
FAX 1ai41 276-6255
YIA MESSENGER
AppiicanYs Memorandum in Support of Granting License; and
Findings of Fact, Conclusions of Law and Recommendation for Issuance of
License. .
Very truly yours,
0 " _��. �;�
James A. Yarosh
JAY:mkf
Enclosures
cc: Glen Berhow
_ -�
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OFFICE OF ADMIIVISTRATIVE HEARINGS - . =
FOR THE COUNCIL OF
THE CITY OF ST. PAUL = �_
In re The License Application of APPLICANT'S MEMORANDUM IN
Glen Berhow, d/b/a GB Core, Inc., SUPPORT OF GRANTING LICENSE
Applicant.
INTRODUCTION
�
GB Core learned for the first time in December of 1999, that the City of St. Paul required
it to obtain a recycling collection center license for its new location, despite having operated in
the City for several years without any complaints.
GB Core complied with the City's request and accepted the placement of six conditions
on its license. GB Core has been operating since it first learned of the licensing requirement.
City policy allows businesses requiring a license to continue to operate while applying for a
license.
The evidence submitted demonstrates GB Core's entitlement to its license despite
objections by some neighbors. The City and Ramsey County have both reviewed the operation
and recommended approval of the license. The neighbars's allegations concerning poor
treahnent of hazardous waste and construction without a building permit lack evidentiary support
and are an insufficient basis to deny this license.
FACTS
GB Core, Inc. is a company that purchases used engines, transmissions and catalytic
converters and sells them to re-manufacturing companies tlu the world. The company
has been in business for over 12 years and has its corporate headquarters in Green Bay,
�'/� �
Wisconsin. CsB Core has conducted operations in St. Paul for several yeazs and in the fall of
1999, it purchased property at 500 Bush Avenue, St. Paul.
In a December 10, 1999 letter from Larry Zangs of the St. Paul office of License,
Inspection and Environmental protection, Glen Berhow, the president of GB Core, leamed for
the first time that although the property at 500 Bush was appropriately zoned for GB Core's use,
the company needed a business license for a recycling collection center. In the letter, Zangs also
informed Berhow that GB Core's use was appropriately zoned.
Zangs testified that he had a difficult time deciding what type of license, if any, GB Core
needed to operate at 500 Bush. He spoke with Kristine Schweinler, a St. Paul senior license
inspector with 18 years experience, to determine the licensing status of GB Core's business.
Together they decided that the City should have more control over this type of use and they
agreed that a recycling collection center license was the closest fit to GB Core's business.
Despite lrnowing that GB Core conducted business at the property, Zangs included a
statement in his December lOth letter that GB Care could not operate its business until it
received its recycling collection center license. Kristine Schweinler stated that the inclusion of
that statement in the letter was an errar because the City allows a business to continue to operate
while it is in the process of obtaining a license. Schweinler testified that applying for and
receiving a business license takes time and that the city gives businesses an opporhznity to obtain
a license and to comply with any attached conditions.
Berhow, on behalf of GB Core, applied for the recycling collection center license on
January 3, 2000. Berhow subsequently agreed to the placement of the following five conditions
on the license:
t Eachibit 3.
2
�i-a►
1. T'he collecrion and processing of parts, for shipment, shall be conducted inside the
building.
2. The business operation at this licensed premise should not be in the manner of an
auto salvage use.
3. There shall be no exterior storage.
4. The handling and storage of vehicle fluids, batteries, etc. shall be in accordance
with the Ramsey County Hazardous Waste Regulations.
5. The dumpster must be stored on the property and not in the alley, street or on the
public sidewalk.
Berhow agreed to a sixth condirion placed on the license after a public hearing that limits the
business hours of operation from 7:00 a.m. to 7:00 p.m.
In the middle of April and at the end of May 200Q the City received two letters from
citizens with concerns about GB Core's business. Specifically, the residenY s concerns included:
• The business currently seems to be operating illegally without a license.
• The business has disposed of hazazdous materials — including oil and florescent bulbs
— in an illegal manner.
■ The business has done work on the building at 500 Bush without proper building
permits.
• Engine and auto parts have frequently been left lying around outside the building.
Kristine Schweinler investigated these complaints and determined that no violations
existed. Schweinler did not notice any debris outside when she visited the property. Schweinler,
as well as Zangs, acknowledged that illegal dumping of garbage frequently occurs in this area.
Berhow testified that the florescent bulbs and auto parts lying outside the building were dumped
on GB Core's property and did not belong to GB Core. Indeed, he testified that neazly everyday,
GB Core's employees clean up and appropriately dispose of garbage that has been dumped on its
property.
3
d����
With respect to the concems of hazardous materiais, Schweinler referred the complaint to
Ramsey County and never heard back. She indicated that had there been a violation of county
regulations, she would have heard something from the county. Berhow testified that he has
complied with all of the fire inspector and Ramsey County's requests concerning GB Core's
operation. Mike Cunmaglio, an inspector from the Ramsey County Department of Public Health
Environmental Health Section, visited the property and informed GB Core that it appropriately
handled hazardous waste.
Schweinler referred the complaint concerning the building permit to another department
within the City. Again, Schweinler never heard back from the building inspector. Berhow
testified that before any alterations were made to the building, he phoned the building
department concerning the necessity for a buiiding permit. Berhow described the proposed work
and the City responded that he did not need a pernut.
After the legislative hearing in August, Berhow checked again to verify that he did not
need a buiiding permit. The building inspector, James West, informed him that it would be a
good idea to obtain a minor building permit for any consriuction. Consequently, Berhow
obtained a permit. After investigating the neighbors's complaints, Schweinler found no
violations and recommended approval of the license.
To obtain a recycling collection center license, an applicant must receive approval from
environmental health, the fire department, licensing and zoning. Each of those City departments
approved GB Core's license and the City staff recommended approval. The two most vocal
opponents of this license, Troy Trooien and Bruce Sylvester, acknowledged that they had no
objection to the use of the property for a recycling collection center. Their primary complaint
Z E�ibit 11.
0
oi-q►
was that they did not like Glen Berhow, despite their aclrnowledgements that they had met him
only once and for just a few minutes.
ARGUMENT
I. The Evidence In The Record Establishes That GB Core Has Met All The Conditions
For A Permit And To Deny Its Grant Would Be Arbitrary And Capricious.
A municipality cannot deny an application for a license arbitrarily or unreasonably.
Under the St. Paul City Code, where the application for the grant of a Class N license meets all
the requirements of law, and where there exists no ground for adverse action, the director shall
issue such license in accordance with law. The evidence unequivocally establishes that GB
Core's applicarion meets all the requirements of law as demonstrated by the approval of the
various city staff deparhnents and the overall recommendation to approve the license. The
evidence also establishes that there exists no ground for adverse action. Consequently, it is
mandatory under the city code that the license be issued to GB Core.
The neighbors asserted rivo primary complaints concerning the issuance of the license:
(1) the lack of obtaining a building permit before conshucrion and (2) the manner in which GB
Core handles hazardous wastes.
The neighbors cite the following sections of the code as supporting their position that
grounds for adverse action exists: Sections 310.06(b)(1), (2), (5), (6), (7) and (11). Because the
evidence does not support the neighbors's claims and relying on their testimony over that of the
city staff would be arbitrary and capricious, the license should be granted to GB Core.
3 State Ex Rel. Ramer v. City of Minneapolis, 204 N.W. 632, 633 (1925).
° Section 310.04(d)(1)
5
o1-�i
A. 310.06(b)(1) and (2).
The neighbors first claim that the license was procured by misrepresentation of material
facts, fraud, deceit or bad faith. Specifically, the neighbors allege that Berhow misrepresented
the amount of oil used on the property and that he did not need a building pernut. This azgument
is an attempt to distract because Berhow was never required to make any representation
regarding the amount of oil on the property.
The City's only concern related to the handling of hazazdous waste. Berhow and Fred
Gonzales, the site supervisor, testified that an inspector from Ramsey County visited the property
at 500 Bush and approved of the manner in which GB Core handled its hazazdous waste.
Moreover, GB Core improved the handling of its oil intake based on suggestions from the City
fire inspector.
With respect to the building penmit, the City initially informed Berhow that for the work
he was performing he did not need a pernut. After checking again, however, Berhow was
advised to obtain a minor building permit. Berhow obtained the permit. The City has inspected
GB Core and determined that the license should be issued. The City does not believe any
misrepresentation concerning the business has been made and the neighbors have failed to
establish such a misrepresentation. Consequently, this section is not grounds for preventing the
issuance of this license.
B. 310.06(bj(5).
The neighbors assert that GB Core has failed to comply with the conditions set forth in
the license. The neighbors cite as a specific example, a November 30, 1999 incident involving
the dismantling of Frito Lay trucks. They also assert that GB Care stored material outside the
premises and kept a dumpster in the street. The Frito Lay truck incident occurred before the City
0
Qi-q�
even informed GB Core that it needed a license. It therefore cannot be considered a violation of
the license. Indeed, the license has not even been issued. With respect to the storage claim and
dumpster, the City staff reviewed the complaints of the neighbors and found no violarion. The
testunony of Glen Berhow established that GB Core keeps the dumpster solely on its property.
C. 310.06(b)(6).
The neighbors assert that Glen Berhow has violated or failed to comply with laws
reasonably related to his business activity. The evidence does not substantiate this claim In
support, the neighbors cite the same examples concerning the building permit and hazardous
waste. Again, the City and Ramsey County contacted Berhow conceming these issues and both
governmental entities determined that GB Core complies. The neighbors apparently believe Mr.
Berhow is personally unfit, despite their aclrnowledgment that they have met only one time for
just a short time. Denying a license on this ground is arbitrary.
D. 310.06(b)('n.
The neighbors allege that grounds exist for an adverse action because GB Core's
handling of the oil it receives in the ordinary course creates a serious public safety hazard. No
evidence supports the allegation that GB Core mishandles its waste. Indeed, the only competent
evidence is to the contrary. First, Berhow testified that very little oil actually enters the
premises. The City fire inspector required that the barrels of oil be placed in a separate container
to avoid any contact with the floor. The inspectar also required a fiumel under the assembly line
to ensure that there is no possible way that oil reaches the floor.
Given these precautionary measures, no threat to the public safety exists. The neighbors
assertions are simply bare allegations unsupported by any evidence. The neighbors introduced
pichxres allegedly showing oil in dnuns and on the property. They failed to offer any credible
7
ol��i
evidence establishing what, if any, substance was actually in the photos. Berhow testified that
the drums were left by previous occupants of the building and that he has since cleaned the
premises. Relying on the neighbors's statements instead of the City and county inspectors to
deny the grant of trus license would be azbitrary and capricious.
E. 310.06(b)(11).
The neighbors cite this section of the ordinance as grounds for adverse action relating to
improvements to the property. The evidence demonstrates, through Kristine Schweinlier's
testimony, that the City allows an applicant time to comply with its license. In that regard, Mr.
Berhow has obtained a building pernut, despite being told in the first instance that he did not
need one. Again, the only competent evidence demonstrates that this section is not grounds for
denying the grant of this license.
CONCLUSION
The City of St. Paul staff and Ramsey County inspections have approved the issuance of
this business license. The evidence in the record demonstrates that GB Core is entifled to the
license. The neighbars aclrnowledge that the use does not bother them, but rather they do not
trust Mr. Berhow. This is an insufficient and arbitrary reason for denying the permit.
Consequently, since no ground for adverse action exists, the license should be granted by the
City of St. Paul.
�
oi-��
Dated: � � 2000.
SIEGEL, BRILL, GREUPNER,
DUFFY & FOSTER, P.A.
By: �r.—.c.e. A
7am�„s A. Yarosh (# 1854)
Suite 1300
100 Washington Avenue South
Mivneapolis, MN 55401
(612)339-7131
(612) 339-6591 - facsimile
Attorneys for the Applicant
Glen Berhow, d/b/a GB Core, Inc.
42MKF11/3/00-22335-ApplicanPS Memorandum
R3
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AFFIDAVIT OF SERVICE BY U.S. MAIL
STATE OF MINNESOTA
COUNTY OF HENNBPIN
)
) ss.
)
Mary Flahavan of the City of Chawplin, County of Hennepin in the State of Minnesota, being
duly sworn, says that on the 3 day of November, 2000, she served ApplicanYs Memorandum in
Support of Granting License; and Findings of Fact, Conclusions of Law and Recommendation
for Issuance of License on Virginia Palmer the attorney(s) for the City of St. Paul in this action,
by mailing to her copies thereof, enclosed in an envelope, postage prepaid, and by depositing the
same in the post office at Minneapolis, Minnesota directed to said attorney(s) at 400 City Hall,
St. Paul, Minnesota 55102, the last lrnown address of said attomey(s).
������.��--
Mary F1 avan
Subscribed and sworn to before me
this 3` day of November, 2000.
���
Notary Public
� LORI A. RITTER �
NOTARY PUBLIC—MINNESOTA
My Cemn. F�tros Jen. Sy. 20�
• •
V -
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OFFICE OF ADMINTSTRATIVE HEARINGS
FOR THE COUNCIL OF
THE CITY OF SAIl\T PAUL
In Re the License Application of Glen E. Berhow
d/b/a GB Core, Inc.
CI'I'Y'S PROPOSED
EXHIBITS
October 12, 2000
TO: Judge Phyllis A. Reha, 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 October 12, 2000.
E�ibit No.
Exh. No. i��
�
E�. No. 2%/J ,
���
Exh. No. 3�
E�. No. 4�
Each. No. 5��
EZCh. No. 6�
E�. No. 7 f�
/
E�. No. 8 ��/
Exh. No. 9`�/
f
Description
Letter from Lawrence Zangs to Glen Berhow, dated December 2, 1999 (1 p.);
Letter from Glen Berhow to Lawrence Za.ngs, dated December 3, 1999 (i p.);
Letter from Lawrence Zangs to Glen Berhow, dated December 10, 1999 (1 p.);
License Application for G.B.Core, Inc., dated January 3, 2000 (4 pp.);
Letter from Christine Rozek to Glen Berhow, dated March 9, 2000 (1 p.);
License conditions, signed by licensee Mazch 13, 2000 (1 p.);
License Application Notafication, mailed Apri14, 2000 with attached Apri14,
2000 letter from Christine Rozek to Glen E. Berhow and site
locarion/notification map (4 pp.);
Memo from Troy Trooien to Gerry Stratham, dated Apri121, 2000 (1 p.);
Notice Of Legislative Hearing, mailed May 23, 2000 (1 p.);
o ! -q�
Exh. No. 10�
E�. No. ll ��
Each. No. 12 //
�� F-
E�. No. 13��
E�. No. 14��
��1� . �p. � �
Memo from Bruce Sylvester to Christine Rozek, dated May 26, 2000 (1 p.);
License Application Suinmary, dated May 30, 2000 (1 p.);
Notice Of Le�slarive hearing, mailed August 8, 2000 (1 p.);
Action Minutes Of The Saint Paul City Council, for Wednesday, September 6,
2000 (10 pp.);
Notice ofHearing, dated September 20, 2000, with Affidavit of Service (4 pp.).
�-H,�..� � �.a�... ���. �/, � (� .
Also attached please find courtesy copies of applicable St. Paul City ordinances:
St. Paul Legislative Code § 310.05
St. Paul Legislative Code § 310.06
St. Paul Legislative Code Chapter 408 Recycling Collection Center/Recycling
Processing Center
Respectfully submitted this 12th day of October, 2000.
'7�
Virginia Palmer
Assistant City Attorney
Office of The City Attorney
400 City Hall
15 West Kellogg Boulevard
Saint Paul, Minnesota 55102
(612)266-8710
o �- 9i
Me11101�`d11C�U.111
To: Gerry Stratham, Le�islative Hearin� Officer
CC: Bruce Sylvester, District 5; Sheri Pemberton-Hoiby, PED; Christine Rozek, LIEP
From: Troy Trooien
Date: 04/21/00
Re: License # 2000000096
Mr. Shatham:
I am responding to the License Application Notification that was mailed to me and several of my
neighbors on Apri14, 2000. I am raising concems not only on my own behalf, as the "next door
nei�hbor" to the buildin� in question, but also on behalf of the Railroad Island Implementation Task
Force.
The Task Force is formalty an advisory board to the City's Department of Planning and Economic
Development. It is also, informally, the most active and en�a�ed �oup of citizens in our
neighborhood.
We have concerns about:
• the proposed recycling collection center iuelf,
• the recommended conditions mentioned in the License Application Notification,
• as well as general questions about hours of operation, tra�c problems and the overall impact on
the neighborhood.
I gather from the Notice that the oroper time and ulace to discuss these concems is in a hearine before
the Legislative Aeazin� Officez. Please contact me to talk about setting up a hearin�. My phone
number at work is 651-220-I 119.
I also encourage you to honor District 5's request to hold over the deadline so that District 5 members
can,make their�ems known.
i�l%l�� J �..
:
Troy Trooie�
Council Research Center
APR 2 6 2000
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In Re the License A plication of
— Glen Berhow d/b/a � B. Core Inc. —
City's Exh. No. 8 � �y
CITY OF SAINT PAUL
Narm Coleman, hfayor
December 10, 1999
Glen Berhow
G.B. Corp., Inc.
2014 Glendale Ave.
P.O. Box 906
Green Bay WI. 54305
OFP[CE OF LICE�SE, I�SPEC710vS ASD �)�� �
E�iVIRON1fEtiTAL PROTECTIO\ �
Raben Kessle� Direcror
LOiYRYPROFESSIO��:ILBUILD7.\'G Telephane:65l-266-9090
Sui�e 300 Facsimife: 651-266-9099
350 St. Pe[er Street 651-266-912J
Saint Paul, bfinnesola SJIO2-IJIO
RE: 500 Bu§h Avenue - Existing Warehouse Building in I-1 Industrial Zoning District.
Mr. Berhow:
I received your letter, dated December 3" 1999, explaining the nature of your business
proposed for the property referenced above. This office understands, based on your
expianation, that you will be receiving engines, transmissions and catalytic converters at this
location and that your business operation does not include the removal of the parts from a
vehicle (ie. auto salvage), but rather, the collecfion of these safvage items. ft is further our
understanding that the only processes pertorm on these parts, once received, are ensuring
they are drained of any fluids, irtvoicing the individual part and preparing it for shipment back to
your headquarters in Green Bay.
The operation, as you describe it, appears similar to a shipping/receiving wholesale operation
which is a permitted use in the i-1 industrial zoning district. The change in use from warehouse
to wholesaling does not require any additionai off-street parking per the City's zoning
ordinance. Therefore, zoning has no objection to this proposed use provided you obtain a
business license for a Recycling Collection Centec ( have enc(osed fhe ficense app(icafion.
Please complete this application and return it along with the license fee of $164. 00, to this
office. The processing time for this license request, because of notification requirements
mandated by city ordinance, can take between 45 to 60 days. You cannot start your business ;
until this license is issued. We will do what we can to expedite but we need you to complete
the application, to begin the process.
You will also need to satisfy any requirements of the State Building Code and Fire and Safety
Code for the proposed change in occupancy of the building.
Cail me with questions at 65i/266-9083.
�
1�����• � .
awrence R. Zangs
Zoning Administration
SOObus.wpd
�
In Re the License A��pplication of
— Glen Berhow d/b/a (�.8. Core, Inc. —
City's Exh. No. 3�
--- -- rr-��
CLASS N
LICENSE APPLICATION
THIS APPLICATIOV IS SUBIECT TO REVIEW BY THE PLIELIC
PLEASE TYPE OR PRINT N NK
CITY OF SA1NT PAUL
Oftice of License, Irtspections
and Environmental Pmtection
350 Se Pucr S� Suitt 300
Saino Paul. Nivnaora SSI�]
(651)=66-9030 fie<65p=66-9¢a
LICENSES ARE NOT TRANSFERABLE
PAYDIEtiT DNST BE RECEIVED �VITH EACH APPLTCATIO�
Type of License(s) 6eing applied for: �CLG y C l i vC U w j l CCC�I J ��i`(Y��' S I��"E ��
--- r�
Projected date of openin� ' ) �=
CompanyName: C����.� �G��
L
Partnership / Sole Proprietorship
If business is incorporated, give date of incorporation:
Business Name(DBA): Business Phone: (��� 1 7�7 3'�G�Q
Business Address (business location): �� ��'J �'t �Lf G'tV{ S� � �� �(� � 5'j Q �
Street (�, Name, Type, Direc[ion) City Sta[e Zfp+4
Benveen what cross streets is the business located? �Vhic side o
Are the premises now occupied? �� What Type of Business? C�'��� S �� �'�� ���
Mail To Address (if different than business address):
Stree[ (it, Name, Type, Direction)
AppLican[ Information: l ( „ �,�
Name and Tide: ���X•
�c�v�� ,... �e�hpti3�
Ciry
�e street?
K
IL 5�3US
State Zip+4
(��es � �c �-fi
Pvst /� • tGtiddle (Maiden) Last TiBe
Home Address; Z�� Vci 11 ( V� � �Q��' �.. � �
Street (#, Name, Type, Direc[ion) City �� S[a�� �_ ��i�+4
Date of Birth: ( 2 - Sa Place of BiRh: ES C Gi � U�G� Home Phone; ( 1`
Have you ever been convicted of any felony, crime or violation of any city ordinance other than haffic? YES _ NO �
Date of arrest:
Char�e: _
Conviction:
Where?
Sentence:
L(st licenses which you current[y hotd, formerly held, or may have an interest in:
�,0,C01it �a ct G��sratn��u I�Gr2�c� �cTv�����tG1�
Hace any of the abave named licenses ever been revoked? YES .X NO ff yes, list the dates and reasons for revocation:
Are ou �qing ro operate this business personally? YES NO IF not, ho will operate it? �� G 6'1 Gt �� �{i-
���J
'C� Cve�� Cciv�ii
Home Address: $tree[ {�, Name, Type,
Last
(2� � I �1�
City
Datc of Birth
Are you goino to have a manager or assistant in this business? YES \O If ihe mana�er is not the same as the
opzrator, pleasz complete the followin� information:
Fvs[ Namz M�ddlt Initial (Maidtn) Las[ Date of Birth
Homt Addrtss: Stteet (N, Namz, Type, Direc[ion}
� Cr..ra 7. �1 DFi.n.+U..m'na� �
rn Re the License A�ppIication of
— Glen Berhow d/b/a (>.B. Core,�Inc. —
City's Exh. No. 4 /�,
Please list your employmen[ history for the previous five (5) year period:
Business/Emolovtrtent Address
- List all other officers of the corporation:
OFFICER TITLE HOVIE
NAME (Office Held) ADDRESS
�2 �� �� v�{n� � �res i �C�,t �
HO�IE
PHONE
ZS�O Ge�vr i�� � I?crrr(
v' �tc c/I ; Gu.�
Ql-q 1
BUSIPIESS DATEOF
PAOi�IE BIRTH
�ZQ- 93'�- C�20
fZ-��
If business is a partnership, please include the following information for each parmer (use additional pages if necessary):
Fvst Name Middle Ininal (Maiden) Last Date of Birth
Home Address: Street (�, Name, Type, Direction)
First Name Middle Inihal
Home Address: S[reet (#, Name, Type,
Ciry
City
Zip+4 Phone Numt
Dare
( 1
Zip+4 Phone NumE
MIDINESOTA TAX IDENTIFICATION NiJMBER - Pursuant to the Laws of Minnesota,1984, Chapter 502, Article 8, Section 2(270J2)
(Tax Clearance; Issuance of Licenses), licensin� authorities are required to provide to the State of Minnesota Commissioner of Revenue,
the Minnesota business tax identification number and the social security number of each license applicant.
Undet the Mi�utesota Govemment Data Practices Act and the Federal Privacy Act of 1974, we are required to advise you of the following
regarding the use of the Minnesota Tax Identification Number.
- This information may be used to deny the issuance or renewal ofyour license in the event yott owe Minnesota sales, employer's
withholding or motor vehicle excise [axes;
- Upon receiving this information, the licensing authority will supply it only to the Minnesota Deparhnent ofRevenue. However,
under [he Federal Exchange of Information Agreement, the Department of Revenue may supply this information to the Internal
Revenue Service.
Minnesota Tax Identification Numbers (Sales & Use Tax Number) may be obtained from the State of Minnesota, Business Records
Department, 10 River Park Plaza (612-296-6181).
Mianzsota Tax identif7cation Numoer.
� If a Minnesota Tax Identification Number is not required for the business being operated, indicate so by placing an "X" in ihe box.
CERTIFICATION OF WORKERS' COMPENSATION COVERAGE PURSUANT TO MNNESOTA STANTE 176.182
I hereby certify that I, or my company, am in compiiance with the workers' compensation insurance coveia�e requirements of �Iinnesota
Statute 176.182, subdivision 2. I also understand that provision of false information in this certification constitutes sufficient grounds for
adverse action a�ainst all license�s p hetd, includin� revocation and sus of said licens q
Name of Insurance Company: V �� t �� ������ �� �-2 l � 1 � 7 Q 6� L �� ��tV i ��� 7�(S1ZI Gl L�' �
Po(icyNumber. ��"" �Z�f� 4—C�i� (�'YYIL+G�� Covera�efrom�
I have no employees covered under �corkers' compensation insurance (INITIALS)
to ' 2� �
09; O V I999
Please list your employment history for the previous five (5) year period:
Business'Emolovment Address
Lisc all other officers oFthe co�poration:
OFFICER TITLE H011E
\A\-1E (Office Hzid) ADDRESS
(�.e t�� � �,� � � nr�s i �cti� �
HO�.fE
PHO\E
25�0 L-�eiv� i�� i nccr�
BliSINESS
PHOVE
U �Yi t:1 , CU1
�
If business is a partnership, pleasz include the followin� information for each parmzr (usz addicional pages if necessary):
bl.��lf
D.�TE OF
BIRTH
Fvs: Name Middit [ni[ial (�faidtn� Lzit Da!t of Bitth
Hume Addreas. $treet (,-, t�ame, Type, DirecUOn) Qty Stare Zip�3 ( Phone \umber
Fin. `�am< hliddiz (nival (Slaiden) lut Da!z ot Bir[h
Home Addrt>s: Street (�, Kamz, Type, Direction) City State 2ip-1 Phone \umber
MC.�IESOTATAX IDENTIF[C.4TI0� NUMBER- Pursuant to thz Laws ofMinnesota, 1954, Chaptzr�02, Article 3, Section 2(270.72)
(Tas Clearaace; Issuance of Licenses), licensing authorities are required to providz to thz State of �finnzsota Commissioner of Revenue,
the �tinnesota business tax identification numbzr and the social szcuriry numbzr of each hcensz applicant.
Undzr thz �tinnesota Govemment Data Practices Act and the Fedzral Privacy Act of 197d, we are rzquired to advise you oFthe followino
regardin� the use of thz btinnesota Tas Identification Number. `
- This information may be used to deny the issuance or renewal ofyour license in the event you owe �finnesota sales, employer's
withhotdin� or moror vehicle escise tases;
- Upon receiving this information, thz licensin� authority will supply it only to [he bfinnesota DzpaRmenrofRevenue. However,
under the Federal Exchange of Information A�reement, the Department of Revenuz ma}• supply this inEormation ro diz Intemal
Revenue Service. �
�tinnesota Tax Identification Numbers (Sales & Use Tax Number) may be obtained hom the State of �Iinnesota, Business Reco�ds
Departmznt, 10 Ri� er Park Plaza (612-296-61 S t).
`linneso,a Ta� iuentifieation Numozr:
� If a bfinnesota Tax Identifica[ion \'umber is not required for the business being operatzd, ir,dicatz so by placin� an "a" in the box.
CERTIFICATIO� OF ��"ORI:ERS' CO�fPE\SATION COVER4GE PURSUA\T TO `IIV:�ESOTA STATUTE 176.132
1 herzby czrtify that I, or my company, am in compliance «'ith Ihe «�orkers' compensation insurancz co� zra�e requirements of �Iinnzsota
Statutz ll6.132, subdivision 2. I a(so undzrstand that pro� ision of false inforniation in this certificztion constinttes sufficiznt _rounds for
adczrse action a�ainst alf license r held, indudi revocation and sus of said licens e t �
\amzoflnsuranceCompany: V d�l)�7l�c1t:,Q `�l���C'll�l� �� 1�/CCV� ��I�UI CfGlU �
Po?icy Number. _��� �Z� t=� 9 �i �(FI'Y!t � C.-� I� Co� erage from 2�C�) to zC� �
I ha��z no employees coaered undzr �corkers' compensation insurance (I�ITIALS) .
0901�19)9
AtiY FALSIFICATIO\ OF A\S�VERS GI�"EN OR b[ATERIAL StiB>IITTED O`^ "�'
�VILL RESULT I\ DEt�"IrU. OF THIS APPLICATIO�i
I hereby state that I have answ�ered all of the precedin� questions, and that the information contained herein is true and correct to the best
of my knowled�e and belief. I hereby state fuRher that I have received no money or other considemtion, by way of loan,_gift, conhi6ution,
or otherwise, other ihan already disclosed in the application which I herewith submitted. I also understand this premise may be inspected
by police, fire, health and other city officials at any and all times when the business is in operation.
/���Ut � ��c� L vJ
Signature (REQL�II2ED for all applications)
Preferrzd methods of communication from this office (plzase ran,l in ordzr of prefzrence -°1" is most preferred):
x PhoneNumbenvithareacodz: ( �Z� ) �3�} — �p�� Extension
(Cirele the rype of phone number you have listzd abo�e: usmess Home Cell Fax
,�ri
2� �
Phone Number with area code: ( )
(Cirele thz type of phone number you have listzd above: /� Business Home
V[ail: �.U. ��.CX ���i c�Y'��� "/.i(,1
Strezt (a, Namt, Tvoz, Direcnonl r:,,,
In�zrner.
Address
j / 3 /�CCC
Date
Pager
Pa�er )
5���
Zip-1
�Ve will accept payment by cash, check (made payable to City of Saint Paul) or credit card (�fasterCard or �'isa).
IF PAYL\'G BY CREDIT CARD PLEASE CO:kIPLETE THE FOLLOIVINC I.�'FORbl.-iTlOh': � MasterCard � Visa
EXP[RATIOAI DATE:
❑�/❑❑
of
ACCOUNT iVUbIBER:
■■■■ ■■■■
of Card
!�■■■ ■■■■
For all
Date
**\ ote: If this application is Food/Liquor related, please contact a City of Saint Paul Health Inspecror, Steve Olson (266-9139), to review
plans.
If any substantial changes to structure are anticipated, please contact a City of Saint Paul Plan Examiner at 266-9007 to apply
for buildin� permits.
If there are any chan�es to the parkin� lot, floor space, or for new operations, please cor.tact a Ciry of Saint Paul Zonin, Inspzctor
at266-9003.
Ali applications require the following documents. Please attach these documents when submittine your application:
1. A detailed description of the design, location and square foota�e of the premises to bz licensed (site plan).
The following data should be on the site plan (przferably on an 8%z" x 11" or 8%' x 14" papzr):
- l�ame, address, and phone number.
- The scale should be stated such as 1" = 20'. ^N should bz indicated to�card thz top.
- Placemznt of all pertinent fea[ures of the interior of the licensed facility such as searin� areas, kitchzns, of£ces, repair arza,
parking, rest rooms, etc.
- If a request is for an addition or expansion of the licensed facility, indicate both thz current azea and the proposed expaasion.
2. A copy of your lease a�reement or proof of o��nzrship of the property.
SPECIFIC LICENSE APPLICATIOYS REQUIRE ADDITIO\:�L INFOR�I.ATION.
PLEAS� SEE REVERSE FOR DETAILS >>>>
Extznsion
Cell Fax
09'Q U 1999
OFFICE OP LICENSE, iP ISPECTIONS AND
ENY[ROi3MENTAL PROTECTION
Robert Kusler, Director
CITY OF SAINT PAUL
Narm Coleman, Mayor
March 9, 2000
20000000096
GB Core Inc.
ATTN: Glen Berhow/President
2014 Glendale Ave
PO Box 906
Green Bay WI 54305
LOWRYPROFESSIONAL BUILDMG
Suite 300
350 Se. Peter Street
Saint P¢u!, :1�finnesoia SSl02-ISIO
Re: New License Application at 500 Bush Avenue (Second Notice)
Mr. Berhow:
o1
Telephone: b51-266-9090
Facsimi[e: 651-?66-9099
651-?66-9124
After extensive review, I have determined your license application #20000000096 (from
January, 2000) is still incomplete. At this time, your business license record (I.D.
#20000000096) for a Recycling Collection Center license has been inactivated until the
following item(s) aze received:
• Copy of your Property Lease/Purchase Agreement, Proof of Ownership or Bill
of Sale
• Copy of State of Minnesota Tax Identification Number Certificate
• Signed condition affidavit (attached)
Your license has not been issued. If you aze conducring a Recycling Collection Center
business, you are doing so without a valid City of Saint Paul license and may be subject
to adverse action and penalties. If you wish to continue to operate your business, you
must submit the aforementioned requirements by March 20, 2000.
Please let us know, in writing, before Mazch 20 whether or not you intend to continue
with this application or wish to permanently withdraw. If no response is received before
Mazch 20, this office will begin the administrative hearing process to deny your license
request. You have the opportunity to appeal the Ciry's decision through this proceeding.
If you have any questions regarding this action, please contact me at (651) 266-9108.
Slncerely,
�
Chrisrine Rozek � ��
LIEP Deputy Director
CAR/caa
� In Re the License A plication of �
— Glen Berhow d/b/a �B. Core Inc. =
City's Exh. No. 5 ��
�1 �9�
LICENSE APPLICATION NOTIFTCATION
License Number: 20000000096
Purpose: Application for a Recycling Collection Center
License At: 500 Bush Avenue
Applicant: GB CORE, INC. DBA GB CORE, INC., Glen E. Berhow, President, (651) 793-
5000
Response Date: Apri128, 2000 - 4:30 PM (Friday)
If you have any objections to the issuance of this (these) license(s), you must respond in writing by
Apri128, 20000, 1999 to:
Gerry Strathman
Legislative Hearing Officer
310 City Hall
15 West Kellogg Blvd.
Saint Paul, Minnesota 55102
If you have any questions, contact Corinne Asuncion, Project Facilitator at 266-9106 or Christine A.
Rozek, Deputy Director, 266-9108.
Note: The following conditions have been recommended for this (these) license(s).
1. The collection and processing of parts, for shipment, shall be conducted inside the building.
2. The business operation at this licensed premise shall not be in the manner of an auto salvage use.
3. There shall be no exterior storage.
4. The handling and storage of vehicle fluids, batteries, etc. shall be in accordance with the Ramsey
County Hazardous Waste Regulations.
S. The dumpster must be stored on the property and not in the alley, street or on the public sidewalk.
Notice Mailed: 04/04/2000
�
In I the License Application of
— Glen Beruow d/b/a G. B. Core, . —
City's Exh. No. 7
SAINi
PAUL
�
AAAA
CITY OF SAINT PAUL
h'orm Coleman. May�or
Dear Resident and Neighborhood Organization:
OFFICE OF L[CENSE, INSPECTIONS AND ����/
ENVIRONMENTALPROTECTION
Roben Kuster, Director
LOWRYPROFESSIONALBUILD7NC Telephoxe:651-266-9090
350 St. Peter Street, Suite 300 Facsimile: 65l-166-9099
Saint PauC Minnesota 55lOLl510 65l-266-9124
The Office of License, Inspections and Environmental Protection (LIEP) has received an
application for a Class C license. You are being notified because this application involves a
business in your area.
You will have 45 days for a liquor related license or 30 days for most other licenses from the date
this notice was mailed to express any objections. Licenses in the downtown area generally do not
require a waiting period. The response deadline is given on the reverse side of this document. If
you have any objections to the issuance of the license described on the reverse side, please send
your objection(s) in writing to:
Gerry Strathman
Legislative Hearing Officer
310 City Hall
15 West Kellogg Blvd.
Saint Paul, MN 55102
If objections are received, the matter will be heard by the Legislative Hearing Officer. If you have
sent in an objection, you will receive notice of the time, place and date of the scheduled hearing. At
that hearing, the Legislative Hearing Officer will take testimony from all interested persons. At the
end of this hearing the Legislative Hearing Officer will make a recommendation to the City Council
as to whether the license should be approved with conditions, or referred to an administrative law
judge for further review. The City Council will have the final authority to grant or deny this
license.
If you have any questions regarding the license application, please contact Corinne Asuncion,
Project Facilitator at (651) 266-9106 or me at (651) 266-9108.
Sincerely,
(�
� •.
,-
•
Christine A. Rozek
Deputy Director
266-9108
CITY OF SA1NT PAUL
Norm Cnleman, Mayor
Apri104,2000
Glen E. Berhow, President
GB CORE, INC.
P.O. Box 906
Green Bay, WI 54305
OFF[CE OF UCENSE, INSPECTIONS AYD D`' 7 J
EW[RONMENTAL PROTECTION �
Raben Kessler, Directar
LOWRYPROFESSIONALBUILDING Telephone:651-166-9090
350St.PeterStreet,Suite300 Facrimile: 651-266-9099
SaintPaul,.Ninnesota 55102-1)!0 6i1-266-9/24
RE: Application for GB CORE INC., ID #20000000096, 500 Bush Avenue / Recycling
Collection Center License
Dear Applicant,
A review of the investigations which has been made in connection with your license
application have been completed. Proper notification has been sent to the community
organization and residents of the neighborhood in which you intend to operate giving them
until A�ril 28, 2000 to voice any objections to your license application. If no objections aze
received, your license will be issued approximately one week past the date given above.
If ob}ections aze received, a hearing will be scheduled before a legislative hearing officer.
You will receive notice of the time, place and date of the scheduled hearing from Gerry
Strathman, the Legislative Hearing Officer. At that hearin„ the hearing officer will take
testimony from all interested persons and will make a recommendation to the City Council
as to whether the license(s) should be approved or be referred to an administrative law
judge for further review. The City Council will have the final authority to grant or deny this
license application.
If you have any questions, please contact Christine Rozek, 266-9108.
Very truly yours,
��,,�� r�' R�
Christine A. Rozek
Deputy Director
CAR/jl
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OFF:CE OF LICENSE, INSPECTIONS AND
ENVIRONMENTAL PROTECTION
Roeert Kessier, wreaa(
SAIYT
�AUL
�
A�IIII
CITY OF SAINT PAUL
Norm Coleman, Mayor
LOWRY PROFESSlONAL BU/LDlNG Telealrone: (651) 26G9090
Surte300 Factim7e: (651)2669099
350 SG Peter Sfrret (65l) 2669124
Saint Pau4 Minnemta 55f024510
I agree to the following conditions being placed on the following license(s):
License #: 20000000096
Type of Business: Recyciing Collection Center
Appiied for by: GB CORE INC
Doing Business As: GB CORE INC
at: 500 BUSH AVE
ST PAUL MN 55101
Conditions are as fallows:
1. The collection and processing of parts, for shipment, shall be conducted inside the building.
2. The business operation at this licensed premise shali not be in the manner of an auto salvage use.
3. There shall be rto exterior storage.
4. The handling and storage of vehicle fluids, batteries, etc. shall be in accordance with the Ramsey
County Nazardous Waste Regufations.
5. The dumpster must be stored on the property and not in the alley, street or on the public sidewalk.
G, �, Cov�e ,�vtc �C�� z�'�c�ti�.J 3,1 �. 2�C?
Licensee
Date
�� (�, i�ne ious�hess 1�o�Vs o-� o�e✓a_tzov-� s�rall
t� -�o m �cwY� - 71�m-� . 8� �� j oo C�--
i
� In Re the License A plication of
.� Glen Berhow d/b/a �B Co Inc. —%
City's Exh. No. 6 �..
Supplie� � � " �
E�gines and Transmrssions
fo� Remanufacturing
December 3, 1999
License Inspection Environmental Protection
Mr. Lawrence Zan�s
350 St. Peter Street, Suite 300
St. Paul, MN 55102
Larry;
Per our phone conversation, I am enclosing this letter per your request.
W ith the intent and purchase agreement at 500 Bush Avenue in St. Paul, I would like to reiterate
the type of operation we have at G. B. Core, Inc. You have stated the zoning is I1, which
includes Warehousing, Industrial Mfg, and Recyding. We are in no way a salvage operation.
All of our products are engines, transmissions, and catalytic converters. We buy these selectively
from a computerized-technical buy guide, which we publish monthly to our independent
suppliers. All we do at our warehouse is a check-in, inspection, and invoicing procedure. The
only tools we use are air compressors, air tools, and a forklift. The product is only sorted and
warehoused until we get a fui( trailer load, and then it is shipped back to our main operation in
Green Bay, WI.
W e stock 6000 to 7000 engines here on a fully computerized system, and ship all across the U.S.
to very large engine re-manufacturing companies. We also export to many countries.
We, in no way, salvage items. Everything is purchased selectively. Our average month in St.
Paul will consist of$100,000 plus in product purchases.
The Frito Lay truck dea( was a one time deai, and as you will see, we run a very organized, clean,
and professional operation.
We've been in business for over 12 years, and have about 14 employees between the 2 divisions.
Thank you for your attention and consideration. If you have any questions, please contact me at
1-800-456-8652.
Sincerely
�CL1
G(en E. Berhow, President
G. B. Core, Inc.
P. S. We have completed the title insurance, Phase I study, and as of yesterday we do have the
occupancy permit.
- ER •
��
- L-°w-
i In Re the License Applicafion of �,
_ Glen Berhow d/b/a (U.B C re, Inc. �
City's Exh. No. 2�,�
320) 434-6820 Fax (920) 434-6821 1-800-456-8652 2014 Glendale Avenue P.O. Sox 906 Green Say, WI 54305
CITY OF SANT PAL3L
Norm Colemm+, Mayor
December 2, 1999
Glen Be�how
G.B. Corp., inc.
2014 Gfendale Ave.
P.O. Box 906
Green Bay WI. 54305
RE: 500 Bush Avenue
Mr. Berhow:
OFFICEOFLICEtiSE,I�SPECIIOVSAVD �/' •,
EhYIROwtE.+TAL PROTECTIO\
Robert Kessler, Di�ec�or
LOWRYPROFESSIONi1LBGILDL� Telephone:657-266-9090
Suite 300 Facsimile: 65/-266-9099
330 St. Peter Streer 651-266-97?3
Saint Pavl, Minnesota 55702-1 SIO
We had received a complaint about the referenced property. t inspected the property on
Tuesday, November 30 As I drove up to the property, I observed three ma�es in the process
of cutting up defivery vans. I spoke to a Fred Gonzales who indicated he was the foreman on
the job. He stated that he worked for your company and explained that they were cutting up
these vehicles as part of a contract to salvage the metal and reusable parts. I explained to Mr.
Gonzales that this property is zoned I-1 industrial and auto salvage is not permitted in this
district. I did allow him to complete the salvaging operation of the vehicles observed on the site
but told fiim that once this was compfeted, no additionat activity is allowed in the buifding or
surrounding property until the zoning, licensing and building re-certification issues are
resolved. 1 told him 1 would be back tocJay to verify compliance with my orders.
Per our phone conversation today; you have explained that what I observed on Tuesday was a
one time deai and that it would not be occurring on the property again. You further explained
that your regular business invoives receiving used engine parts from various vendors. You
prepare these engines for shipment to your headquarters in Green Bay where they are resold.
I requested that you submit a written description of your business so that this office can
determine if the proposed use of the building complies with the zoning for the property. You
stated you would do that. Assuming the zoning issue can be resolved, it is anticipated that you
will need a business license and will need to satisfy building and fire safety code requirements.
Secause of the notification requirements of our ordinance, the length ofi time to process a
license is approximately 45 days. You cannot operate your business unti� the license is issued.
I would urge you to get this letter to me as soon as possible so that we can expedite resolution
of this matfer.
Ca11 me with questions at 6511266-9083.
��(�'�p/l�C-Q��
rence R. Zangs
Zoning Administration
500bush.wpd �
In Re the License A plication of
� Glen Berhow d/b/a �B. Core, Inc. —.
City's Exh. Na. 1 ��
� _�,
c��'-A. �' R�
,,
�ERRY STRATHMAN
Direcmr
Gien Berhow, President
GB Core, Inc.
P.O. Box 906
Green Bay, WI 54305
Mr. Berhow:
NOTICE OF LEGISLATIVE HEARING
An objection has been raised to the issuance of your City of Saint Paul Recyclin� Collection
Center License at 500 Bush Avenue. You aze invited to attend and participate in a hearing before
the Legislative Hearing O�cer regazding this objection.
The Legislative Hearing will be held on:
DATE:
TIME:
PLACE:
CITY OF SAINT PAUL
Corinne Asuncion � t _ (j
LIEP �
300 Lowry Professional Building
COUDiCIL INVESTIGATIO\` AND RESEARCH CENTER
Tuesday, May 30, 2000
4:00 p.m.
Saint Paul City HalURamsey County Courthouse
Third Floor, Room #330, Committee Hearing Room
15 West Kellogg B1vd.
Saint Paul, Minnesota 55102
At this hearing, the Legislative Hearing Officer wi11 take testimony from all interested people. At
the end of this hearing, he wiil make a recommendation as to whether the license should be
approved, approved with conditions, or refened to an Administrative Law 7udge. The City
Council will have the final authority to grant or deny this license.
c: Fred Gonzales, GB Core, Inc.
Council President Dan Bostrom
Complainant
District 2 Community Council
Phalen Village Business Association
North East Neighborhoods Dev. Corp.
Virginia Palmer, City
LIEP Staff
Notice Mailed: 5/23/00
Attorney's Office
CITY HALL SUITE 310 SAINT PAUL, MINNES In Re the License A�pp llc8tion of
.�. — Glea Berhow d/b/a U`.B. Core, Inc.
Prmttd on RecyclM Paper CI��$ EXIl. NO. 9��
03/17/O1 19:24 EA%
D I S T R I C
To: Christi
�nY
From: Bcuce ylves
Date: May 2 , 2000
._��'°`-`�:-+� ,
-r�-Trr
� k i ;� .
�
�-^���
F I V E P L A N N I N
Pu}/rrr-Pl�altat
k and Corinne Asuncion, LIEP
hathman, Legislative Hearing Officer � .
ter, District Five Planning Council �
C�j 02
�� - 4l
C O U N C I L
Re: Lic ` AppGcation for 500 Bush
After mceting with a se�ative from G.B. Core and with residents from the area urrounding 500 Bush, our
organi�ation voted tn o pose the gcanting of a Recycling Centez license for G.B. Co at 500 Bush.
Concetns raised by res ents included:
The business c ntiy seems W he opecating illegaliy without a license
The business h disposed of ha�ardous materials—inciuding oil and floresc bulbs—in an illegal
manne
The business done work on the building at 500 Bush without proper buil ing peTmits
Engine and parts have frequently been left lying azound outside the buil ' g
Thesc actions indica to us that G.B. Core would not be a`good neighbor'. 500 B sh is immediately adjacent
to residentiai propertie , and we expect businesses-�specially those in residential as--to compiy with city
codes and ordinances.
Because of the actions f the G.B. Core to date, we strongly encourage the City of S Paul w deay this business
a license for a Recyc ' Center ffi 500 Bush. Furthezmore, we have called Citiaen S ices to report the
violations lis�d above, and we hope the City can take acrion so that the business co plies with city codas and
ordinances.
If you have any questi s about this issue, p(ease call me at 774-5234.
1014 Payne Avenue
Saint Paul, Minnesota
Tei# 774-5234 Fax# 7�
MAY-26-2000 11:47 �:iry�s �xn. ivo.
of^ li
OFFICE OF LICENSE, INSPECTIONS AND
ENVIRO7VMENTALPROTECTION
Robert Kessler, Director
CITY OF SAINT PAUL
Narm Coleman, Mayor
LOWRY PROFESSIONAL BUILDING Telephone: 6i1-266-9090
3�O St. Peier Street, Suite 300 Facsimi[e: 65l-266-9099
SatntPaul, Minnesota SSl02-ISlO 65l-266-9l34
LICENSE APPLICATION SUMMARY
Date: Tuesday, May 30, 2000 @ 4:00 PM
LicenseID: 20000000096
License Applicant:
License Type:
GB Core Inc.
(Glen E. Berhow, President)
500 Bush Ave.
Recycling Collection Center
License Conditions: 1
The collection and processing of parts, for shipment, shall be
conducYed inside the building.
The business operation at this licensed premise shall not be in the
manner of an auto salvage use.
There shall be no exterior storage.
The handling and storage of vehicle fluids, batteries, etc. shall be in
accordance with the Ramsey County Hazardous Waste Regulations.
The dumpster must be stored on the property and not in the alley,
street or on the public sidewallc..
2.
�
5
Requirements: Environmental Health - Approved
Fire - Pending
Licensing - Approved w/Conditions
Zoning - Approved
Pending Adverse Actions: None
Current Licensee:
LIEP Recommendation:
None
Recommend approval
LTEP StaffRepresentative
.
In Re the License A plication of
— Glen Berhow d/b/a �B Core, c. —
CitS�'s E�. No. ll
- �^�
Rr = _" =*a
t _ ^ c ' 'rt
��=�
GERRY STRATHMAN
Direttor
Corinne Asuncion
LIEP
300 Lowry Professional Buildir
CITY OF S�INT PAt; L ��_ n J
COUNCIL INVESTIGATIOV AND RESEARCH CENTER �
NOTICE OF LEGISLATIVE HEARING
Glen Berhow, President
GB Core, Inc.
P.O. Box 906
Green Bay, WI 54305
Mr. Berhow:
An objection has been raised to the issuance of your City of Saint Paul Recycling Collecuon
Center License at 500 Bush Avenue. You are invited to attend and participate in a hearing before
the Legislative Hearing Officer regazding this objection.
The Legisiative Hearing will be held on:
DATE: Thursday, August 17, 20�0
TIME: 2:00 p.m.
PLACE: Saint Paul City HalURamsey County Courthouse
Third Floor, Room #330, Committee Hearing Room
15 West Kellogg Blvd.
Saint Paul, Minnesota 5� 102
At this hearing, the Legislative Hearing Officer will take testimony from all interested people. At
the end of this hearing, he will make a recommendation as to whether the license should be
approved, approved with conditions, or referred to an Administrative Law Judge. The City
Council will have the final authority to grant or deny this license.
c: Fred Gonzales, GB Core, Inc.
Council President Dan Bostrom
Complainant
District 2 Neighborhood Organizations
District 5 Neighborhood Organizations
Virginia Palmer, City Attorney's Office
LIEP Staff
Notice Mailed: 8/8/00
C[TY HALL
SUITE 3I0 SAINT PAUL, MI In Re the License A�pplication of �
.�. — Glen Berho d/b; a G.B Core Inc. �,
Pnncetl on Recyc:etl paper CI� �S F'xh. NO. 1�. �n �
�/
�
�'`� ♦
�� °=TY ° F @ qCTION MINUTES OF THE
a�"� SAINT PAUL CITY COUNCIL
6 il���fi�iIIi a
;, ..0 Wednesday, September 6, 2000
�, 3:30 - 5:00 p.m.
PUBLIC HEARINGS - 5:30 - 6:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Ketlogg Boulevard
Nancy Anderson, Assistant Secretary to the Council
Mary Erickson, Clerical Support - 651-266-8565
Office of the City Council
Present - 7- Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items 1 - 33)
NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION THERE
WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS IF DISCUSSION IS DESIRED, THAT
ITEM WILL BE REMOVED FROMTHE CONSENT AGENDA AND CONSIDERED SEPAR4TELY.
FOR ACTION
Approval ofminutes of August 2, 2000 (laid over from August 23), August 9, and
August 16, 2000.
Adopted Yeas - 7 Nays - 0
2. Claims of Farmers Insurance Group (for Ralph Pennie), Farmers Insurance Group
(for Elena Schroeder), Robert Flood, Gordon Gendler, Michael Glassman (for
Dawn Talavacchio), Cho Hyunsik, Anitra Johnson, Gene Marault, Metropolitan
Law Offices (for Mazia Bennett), Stephanie Stanton, Pearl White, and Tressa
Wickoren.
Referred to the Employee/Risk Management Division
� �
In Re the Lxcense A�pplication of
a Glen Berhow d/b/a (U. S Cor Inc. �
City's Exh. No. 13 �� ,
01-q�
September 6, 2000, City Council Action Minutes
Page 2
Letter from the Real Estate Division announcing a public hearing before the City
Council on September 27, 2000, to consider a petition to vacate part of the east-
west alley in Block 14, Hayden Heights Addition in City Council District 6,
Planning District 2.
4. Letter from the Real Estate Division announcing a public hearing before the City
Council on September 27, 2000, to consider a petition to vacate part of Aldine
Street north of the railroad right-of-way and south of Roblyn Avenue in City
Council District 4, Planning District 13.
Letter from the Real Estate Division announcing a public hearing before the City
Council on September 27, 2000, to consider the vacation of Rose Avenue from
Phalen Boulevard to Bazclay Street for construction of the State of Minnesota's
Bureau of Criminal Apprehension Building.
6. Letter from the Real Estate Division announcing a public hearing before the City
Council on September 27, 2000, to consider the vacation of part of a lot near Point
Douglas Road and Clarence Street originally taken for right-of-way purposes.
7. Letter from the Real Estate Division announcing a public hearing before the City
Council on September 27, 2000, to consider the request of Ronald Thorson to
vacate Barclay Street from Reaney to Bush Avenues and the alley in Block 3,
Homan's Subdivision in order to construct a garage on part of the vacated area.
8. Administrative Orders:
D001905 Authorization to pay Saint Paul Public Schools an amount not to
exceed $15,000.00 for the Adams Spanish Immersion School
_ Playground project.
D001906 Authorizing the Division of Code Enforcement, Truth-in-Sale of
Housing program, to pay for costs incurred at the annual re-licensing
meeting.
D001907 Approving a budget revision in the Department of Planning and
Economic Development for repair of the Advanced Parking
Information System.
D001908 Autharizing the Division of Parks and Recreation to enter into an
agreement with Patricia Katagiri of a local Urasenke School of Tea
Ceremony and Jim Herrman of 7apan to pay for materials and
supplies purchased in Japan for Tea Ceremonies at the Japanese
Garden.
D001909 Transferring Sewer Service Funds from the 1998 Major Sewer
�1
September 6, 2000, City Council Action Minutes Page 3
Repair project to the 1999 Various Sewer Repair project in the
Department of Public Works.
D001910 Revising the 2000 Capital Improvement Budget to move funding
from the Capital Maintenance Contingency to the Lexington Library
Roofproject.
Noted as on file in the City Clerk's Office
9. Resolution - 00-782 - Approving the reappointment of Andrew Boss, by Mayor
Coleman, to the City of Saint Paul Public Housing Agency.
Adopted Yeas - 7 Nays - 0
10. Resolution - 00-783 - Approving the reappointment of Richard Arey, by Mayor
Coleman, to the Bicycle Advisory Board.
Adopted Yeas - 7 Nays - 0
11. Resolution - 00-784 - Approving the appointment of Dr. Karlyn Eckman, by
Mayor Coleman, to the Middle Mississippi River Water Management
Organization.
Adopted Yeas - 7 Nays - 0
12. Resolution - 00-785 - Approving the appointment of Matt Anfang, by Mayor
Coleman, to the Board of Water Commissioners.
Adopted Yeas - 7 Nays - 0
13. Resolution - 00-786 - Approving the appointment of Annette Wuertz, by Mayor
Coleman, to the Saint Paul Neighborhood Network Board of Directors.
Adopted Yeas - 7 Nays - 0
14. Resolution - 00-787 - Approving the appointment of Cathy Pavlak, by Mayor
Coleman, to the Police Civilian Internal Affairs Review Commission.
AdopYed Yeas - 7 Nays - 0
15. Resolution - 00-787 - Approving the appointment of Raymond Ogren, by Mayor
Coleman, as an alternate representative to the Ramsey Action Program.
Adopted Yeas - 7 Nays - 0
e t -�✓
September 6, 2000, City Councii Action Minutes Page 4
16. Resolution - 00-788 - Expressing support for a fair contract for American
Federation of Television and Radio Artists (AFTRA) and the Screen Actors Guild
(SAG).
Adopted Yeas - 7 Nays - 0
17. Resolution - 00-789 - Approving the financing and spending plan for the 2000
Public Utilities Rate Investigation budget for cable franchise application fees.
Adopted Yeas - 7 Nays - 0
18. Resolution - 00-790 - Authorizing the Division of Parks and Recreation to apply
for Youth Enrichment Grant funding from the Minnesota Department of Children,
Families & Learning, through the Minnesota Amateur Sports Commission, to help
in the construction of two new soccer fields at McDonough Recreation Center.
Adopted Yeas - 7 Nays - 0
19. Resolution - 00-791 - Referring the application for a Liquor Off Sale License by F
& D Enterprises, Inc., dba Mounds Park Liquors, 243 Point Douglas Road North,
to an Administrative Law Judge.
Laid over to September 20 Yeas - 7 Nays - 0
20. Resolution - 00-792 - Approving the application for Liquor On-Sale (over 100
Seats) (B), Liquor On-Sale (Sunday), Restaurant (more than 12 seats) (B),
Cigarette/Tobacco, Entertainment (B), Malt Off-Sale, and Gambling Location
(Class B) Licenses by Alan L. Peterson, dba Ryan's Bar, 201 Fourth Street East.
(Legislative Hearing Officer recommends approval with conditions)
Adopted Yeas - 7 Nays - 0
_ 21. Resolution - 00-793 - Approving application for a Recycling Collection Center
License by Glen E. Berhow, dba GB Gore, Inc., 500 Bush Avenue. (Legislative
Hearing Officer recommends approval with conditions)
Referred to an Administrative Law Judge Yeas - 7 Nays - 0
22. Resolution - 00-794 - Approving Mn/DOT Agreement No. 80361 between
Mn/DOT and the City of Saint Paul to reconstruct traffic signal on Snelling and
Grand Avenues.
Adopted Yeas - 7 Nays - 0
��
September 6, 2000, City Council Action Minutes Page 5
23. Resolution - 00-795 - Amending the spending and financing plans for the Hoyt/
Montana Flood Remediation Projects.
Adopted Yeas - 7 Nays - 0
24. Resolution - 00-796 - Authorizing the Departrnent of Public Works to enter into
an agreement with the Minnesota Commercial Railway Company and the
Commissioner of Transportation for the installation and maintenance of railroad
crossing signals at the intersection of Kasota Avenue with the tracks of the
Minnesota Commercial Railway Company (on Kasota between west City limits
and T.H. 280)
Adopted Yeas - 7 Nays - 0
25. Resolution - 00-797 - Authorizing the City to enter into a Sub-Grant Agreement
with the Division of Emergency Management in the Minnesota Department of
Public Safety to recover costs incurred for severe storms from May 17, 2000
through July 12, 2000.
Adopted Yeas - 7 Nays - 0
26. Resolution - 00-798 - Indicating the Department of Public Works has prepared an
Environmental Assessment Warksheet (EAW) which addresses environmental
issues associated with the OgdenlWinthrop Sanitary Sewer Project and further
states that the environmental issues are reversible and will be mitigated by
construction policies and requirements and that an Envirorunental Impact
Statement (EIS) is not necessary for the project to proceed.
Adopted Yeas - 7 Nays - 0
27. Resolution - 00-799 - Requesting a variance to allow a 25 mph (40 km/h) speed
limit on Sibley Street from Second Street to Fourth Street.
Adopted Yeas - 7 Nays - 0
28. Resolution - 00-800 - Establishing a 2000 spending and financing plan for
Emergency Communications Center (ECC) services provided to the City of
Roseville.
Adopted Yeas - 7 Nays - 0
0l-�1/
September 6, 2000, City Council Action Minutes
Page 6
29. Resolution - 00-801 - Accepting a Minnesota Cities Grant from the Minnesota
Department of Economic Security for July 1, 2000, through June 30, 2001, and
authorizing the Police Deparhnent to enter into agreements with the Minnesota
Department of Economic Security and Saint Paul Public Schools.
Adopted Yeas - 7 Nays - 0
30. Resolution - 00-802 - Authorizing the Police Department to accept an Intemet
Crimes Against Children Grant from the U.S. Department of Justice, authorizing
Chief William Finney to enter into an agreement with the U.S. Department of
Justice, and establishing a 2000 financing and spending plan for the grant.
Adopted Yeas - 7 Nays - 0
31. Resolution - 00-803 - Authorizing the Police Department to enter into an
agreement with the State of Minnesota, acting on behalf of Century College, to
provide 300 hours of POST (Peace Officer Standards Training) approved training
for the period September 1, 2000, through June 30, 2001.
Adopted Yeas - 7 Nays - 0
32. Resolution - 00-804 - Authorizing the Police Department to enter into an
agreement with the University of Minnesota Police Department to furnish
assistance with flood, natural disaster, civil disturbance, or other emergencies
occurring within either jurisdiction.
Adopted Yeas - 7 Nays - 0
33. Resolution - 00-805 - Authorizing the Saint Paul Police Department to enter into
an agreement with the United State Department of Justice to participate in the
Drug Enforcement Administration Task Force.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
34
Resolution - 00-711 - Authorizing the Police Department to accept a$3,000 grant
from the Minnesota Department of Public Safety to be used towards targeting
adult providers of alcohol to minors. (Laid over from August 16 to October 18;
Resolution will be reconsidered on September 6)
Laid over to September 20 Yeas - 7 Nays - 0
ol-q�
September 6, 2000, City Council Action Minutes
Page 7
35. Resolution - 00-712 - Authorizing the Police Department to accept a$5,000 gzant
from the Minnesota Department of Pubiic Safety to be used for liquor compliance
checks. (Laid over &om August 16 to October 18; Resolution will be
reconsidered on September 6)
Laid over to September 20 Yeas - 7 Nays - 0
36. Report from the Department of Planning and Economic Development regarding
amendments to the Legislative Code related to signage in downtown. (Report
requested by Council March 8, 2000; C.F. 00-227)
A report was presented by Larry Soderholm, Department of Planning and
Economic Development.
37. Report from the Division of Parks and Recreation of the Initial Lease Terms and
any Extended Lease Terms regarding the Saint Paul Yacht Club's performance.
(Report requested by Council Apri17, 1999; C.F. 99-306)
Laid over to September 20 Yeas - 7 Nays - 0
ORDINANCES
38. Third Reading - 00-737 - An ordinance memorializing the decision of the City
Council granting the application of Jaunae and David Brooks to rezone properiy
at 1528 Grand Avenue, from RM-2 to OS-1 to aliow an office use. (Substitute
introduced August 23) (Public hearing held July 12, 2000)
Laid over to September 13 for final adoption
39. First Reading - 00-806 - An ordinance finalizing City Council action approving a
petition of Episcopal Church Home to rezone property located on the corner of
Fairview and University Avenues from B-3 and P-1 to RM-2 to allow for the
expansion of a retirement community. (Public hearing held August 9, 2000)
Laid over to September 13 for second reading
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
40. Third Reading - 00-744 - An ordinance amending Saint Paul Legislative Code
Section 33.04 by inserting the 50% reduction of all housing related permits as part
of an extension of a pilot program to increase housing in Saint Paul.
Laid over to September 13 for final adoption
dl- Rr
September 6, 2000, City Council Action Minutes
�
41. Resolution - 00-215 - Revoking the provisionai operator status as a taxicab driver
for Keith Hooks for failure to enroli in the taYicab driver training course. (Laid
over from August 9)
Substitute introduced and adopted Yeas - 7 Nays- 0
42. Resolution - 00-433 - Revoking the provisional operator status as a taxicab driver
for Dwight Smith for failure to enroll in the taYicab driver training course. (Laid
over from August 9)
Laid over to December 6 Yeas - 7 Nays - 0
43. Resolution - 00-807 - Granting the application of Juanita C. Gonzalez, General
Manager, Radio Rey, Inc., to allow live music at 10 River Park Plaza on
September 16, 2000, from 12:00 noon to 12:00 midnight.
Adopted as amended Yeas - 7 Nays - 0
44. Resolution - 00-808 - Approving the dedication of a permanent utility easement
for sewer purposes and temporary construction easement to the City of
Maplewood to enable a connection to the Metropolitan Council Environmental
Services existing sanitary sewer line on the grounds of the Rice and Arlington
complex.
Adopted Yeas - 7 Nays - 0
45. Final Order - 00-809 - In the matter of Operation and Maintenance Costs for the
Arcade/Case and the Grand/Sneliing parking lots for 2001. (File # 18744 &
18746)
Adopted Yeas - 7 Nays - 0
46. Resolution Ratifying Assessment - 00-810 - In the matter of the Arcade/Case and
CTrand(Snelling parking lots operation and maintenance costs for 2001. (File
#18744 & 18746)
Adopted Yeas - 7 Nays - 0
47
.�
Final Order - 00-811 - In the matter of the Seventh Place Mall operation and
maintenance costs for 2000. (File #18428-00)
Adopted Yeas - 7 Nays - 0
Resolution Ratifying Assessment - 00-812 - In the matter of the Seventh Place
Mall operation and maintenance costs for 1999. (File #18428-1999)
Adopted Yeas - 7 Nays - 0
a l- q�
September 6, 2000, City Council Action Minutes
49. Resolution Ratifying Assessment - 00-813 - In the matter of the Seventh/
Eleanor Area Paving and Lighting Project. (File #18908)
Adopted Yeas - 7 Nays - 0
50. Resolution Ratifying Assessment - 00-814 - In the matter of the Charles/
Chatsworth Residentiai Street Paving and Lighting Proj ect. (File # 18912)
Adopted Yeas - 7 Nays - 0
Page 9
51. Resolution Ratifying Assessment - 00-815 - In the matter of 2000 replacement of
lead water service connections as requested by properiy owners. (File
#OOLDSCRPL)
Adopted as amended Yeas - 7 Nays - 0
(254 Warwick Street was deleted)
52. Resolution - 00-765 - Concerning adverse action against all licenses held by
E& K Corporation, dba Checkers Nite Club, 1066 7th 5treet East, for failure to
pay delinquent license fees. (Laid over from August 23)
Laid over to September 27 Yeas - 7 Nays - 0
53. Resolution - 00-766- Concerning adverse action against the Cigarette/Tobacco
License held by Twin Cities Stores, Inc. #571, dba Oasis Market, 2067 Grand
Avenue. (Laid over from August 23)
Adopted Yeas - 7 Nays - 0
54. Public hearing to consider the application of 7ohn Kratz for a preliminary and
final plat for subdivision of properry bounded by Juliet Avenue, Palace Street, and
Highway 35E to create seven residential lots and one outlot.
Motion of Intent - Application Granted with Conditions
Yeas - 7 Nays - 0
55. Public hearing to consider the appeal of Larry Stams to a decision of the Planning
Commission allowing a determination of similar use for a private association of
Christian faithful housing up to seven (7) unrelated adults at 1977 Grand Avenue.
Laid over to September 13 Yeas - 7 Nays - 0
0�-9�
September 6, 2000, City Council Agenda
Page 10
56. Public hearing to consider the appeal of Dayton's Bluff District 4 Community
Council to a decision of the Planning Commission granting a Change of
Nonconforming Use Permit to change from a small custom welding shop to a
janitorial service at 841 Hudson Road.
Laid over to September 20 Yeas - 4 Nays - 3(Blakey, Harris, Reiter)
57. Pubiic hearing to consider the appeal of Jean Iwen to a decision of the Planning
Commission approving a site plan for a soccer field on the Campus of the College
of Saint Catherine, 2004 Randolph Avenue.
Motion of Intent - Appeal Denied (Conditions were imposed)
Yeas - 6 Nays - 0(Coleman not present)
To All Interested Citizens of the City of Saint Paul:
Want to become more involved within the Saint Paul Community?
The City of Saint Paul is currently seeking applicants for the following
citizen committees:
District Energy
Police Civilian Internal Affairs Review Committee,
residency required
The committees serve a wide range of needs and interests. Far more
information and/or an appiication, please see the City's web site at
www:cistpaul.mn.us/mavor/committeeinfo/ or contact Tom Marver
at 651.266.6610 for more information on how you can become involved.
�1. iK..
'' — *� • OFFIC THE CITY ATTORNEY /
Claytors �binson, Jn, Ciry Attorney 4 � — 9
CITY OF SAINT PAUL
Norm Co7eman, Mayor
September 20, 2000
Civil Division
400 Ciry Hal!
IS West Kellogg Blvd-
Saint Paul, Minnuota 55102
NOTICE OF HEARTNG
Glen Berhow, President
GB Core, Inc.
P.O. Box 906
Green Bay, Wisconsin 54305
Telephone: 65! 266-8710
F¢csimile: 651298-5619
RE: Application for a recycling coilection center license by GB Core, Inc., for the premises at
500 Bush Avenue
Dear Mr. Berhow:
Please take notice that a hearing will be held concerning your application for a recycling
collection center license for the premises at 500 Bush Avenue in Saint Paul. The hearing will be
heid at the following date, time and place:
Date;
Time:
Place:
October 12, 2000
9:30 a.m.
Roam 220, City HaIUCourthouse
15 W. Kellogg Boulevard
Saint Paul, MN 55102
The hearing examiner will be an Administrative Law 3udge from the State of Minnesota Office
of Administrative I-Iearings:
Name: Phyliis A. Reha
Oft"sce of Administrative hTezrings
100 Washington Square, Suite 1700
Minneapolis, MN 55401-2138
Telephone: (612) 341-7602
The Councii of the City of Saint Paul has refened the question of whetiier to deny your license
application for a hearing in accordance with the procedures of Saint Paul Legislative Code
§§310.05 and 310.06. Under those provisions, you aze entitled to notice and an opportunity to be
heard.
� �
In Re the License A plication of
— Glen Berhow d(b(a � B Cor Inc. —
City's Exh. No.14 � ,
Page 2
Gien Berhow
September 20, 2000
�
�
° �
The recommendation which the Director of the Office of License, Inspections and Environmental
Protection will present to the Administrative Law Judge is that the license should be approved
with conditions. The conditions bein� recommended are those conditions which you have
reviewed and agreed to by signature dated March 13, 2000.
However, the Administrative Law Judge is permitted to hear "other interested persons" and to
give them an opportunity to present testnnony and othenvise participate in such a hearing. It is
anticipated that one or more such "interested persons" will participate in the hearing, and
may wish to intervene. i he Administrative Law 7udge may require such person or persons to
provide written notice of the a ounds upon which denial of your license application is urged, and
the factual basis for such grounds. Motions may be made to determine the issue of intervention
and notice of the grounds in advance of the hearin�.
You have the right to be represented by an attorney before and during the hearing if you so
choose, or you can represent yoursel£ You may also have another person of your choice to
represent you, to the extent not prohibited as unauthorized practice of law.
The hearing will be conducted by an Administrative Law Judge, who will outline the procedures
for the hearing and consider any motions which the parties or interested persons may present.
Testimony is presented under oath, and the witnesses are subject to cross-examination. The
hearings are tape-recorded by the Administrative Law Judge. Concluding azguments may be
made orally or in writing, as agreed to by the parties and the Judge. Following the hearing, the
Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for
action to be taken by the City Council. The City Council is the uitimate decision-maker.
You should bring with you to the hearing any docuxnents, records, witnesses or other evidence
that you will or may need to support your position. Subpoenas may be available to compel the
attendance of witnesses or the production of documents in conformity with Minnesota Rules.
Please feel free to contact me if you have any questions about this letter.
Sincerely,
�/ � �.�.�,
��
Virginia D. Palmer
Assistant City Attomey
cc: LaVon Regan, Office of Administrative Hearings, 100 Washington Square, Suite 1700,
Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hali
Page 3
Glen Berhow
September 20, 2000
�
�
D�-9�
Robert Kessler, Director of LIEP
Christine Rozek, Deputy Duector of LIEP
7ames A. Yarosh, Attomey at Law, 1300 Washington Square, 100 Washin�ton Ave. S.,
Mpls, MN 55401
Chuck Repke, Community Organizer, District 2 Community Council, 1961 Sherwood
Ave. E., St. Paul, M'iV 55119
Bmce Sylvester, Community Organizer, Payne Phalen District 5 Planning Council, 1014
Payne Ave., St. Paul, MN 55101
Marjo:ie Mangine, Phalen Village Business asseciation, 1565 East Idaho, St. Paul, MN
55106
Kazen Swenson, Executive Director, North East Neighborhoods Dev. Corp., 1212
Prosperity Ave., St. Paul, MN 55106
� . r
�
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
�
0%-9�
AFFIDAVIT OF SERVICE BY MAIL
JOANNE G. CLEMENTS, being first duly sworn, deposes and says
that on September 21, 2��0, she served the attached NOTICE OF
HEARING on the following named person by placing a true and correct
copy thereof in an envelope addressed as follows:
Glen Berhow, President
GB Core, Inc.
PQ Box 906
Green Bay, Wisconsin 54305
(which is the last known address of said person) and depositing the
same, with postage prepaid, in the Uni tates mails at St. Paul,
Minnesota. _ ,� /�
CLEMENTS
Subscribed and sworn to before me
this 21st d�f S�tey��r, 2000.
Notary
'ETEf2 P. PAPIGBORN
�7ARY PUBLIC - MINNESOTA
MY CQMMISSION
rXPfRES JAN. 31, 2005
, OCT-03-2000 09�35 City o{ Saint Paul 651 266 8574 P.0?J96
oJ-q�
MINUTES OF THE LECrISLATIVB i3EAIZING
GII CORE,INC., 500 Bush Avenue
Thursday, August ] 7, 2000
Room 330 Co�thouse
Gerry Sirathman, Legislative Hearing Officer
STAFF PRESENT: Corinne Asuncion, License, Snspections, Bnvironmental Pmtecrion (LTEP);
Jofin Hardwick, LIEP
The meeting was called to order at 2:05 p.m.
Ger•ry Strathman stated this Iiearing is being held to heaz objeetinns to the ticense application for
G13 Core, Jnc. at S00 Bush Avenue.
Corinne Asuncion reported this agplication is for a Recycling Collection Center License.
Inspections for environmental health, fire, licensing, and zoning have all been approved, LILP is
recommending approvaI of the Iicense with Che frve conciitions listed below, which have been
si�ned by the applicant:
1) 'I'be collection and processing of parts for shipment shall be conducted inside tlie building.
2) The bnsiness operation at this licensed premise shall not be in the manner of an auto
salvage use.
3) There shatl be no earterior storage,
4) The handling and sforage of vehicle fluids, Uafteries, etc, shall be in accordance wiCh the
Ramsey CounLy Hazaxdous Waste Regulations.
5) The dumpster must be stored on the property and not in the a11ey, street, or on the public
sidewallc.
NIs. Asuncion stated she would like to add one uiore condiflon because d�is business is within
$OQ fcet of tesidential property. This condi6on has not been signcd by the applicant:
6) The business hoivs of operation shall be from 7:00 a.m. to 7:00 p.m.
Bruce Sylvester, District S Planning Council, appeared and stated he sent a lettcr dated May 26
outiining their concerns. The strongesi case he has is the first concern. 1) Several City staff
members have told him it is illegal to o�erate in Saint Paul prior to being issued a Iicense. Tlus
is taken directly from City code. 2) There lias been illegal disposai ofhazatdous materials: oil
aad fluoresceat bulbs aze heing thrown into a dumpster. 3) Some wotk has been done on the
b�rilding without permifs. This is an industrislly zoned site tliat is adjacent to a residentially
xoned area. 4) Engine and auto parts are freqE2entiy left outside of Che building.
A final point, stated Mr. Sylvester, that as not mentioned ia his letter is constntction
debris-orushed cinder hiocks-scattered on the public street and alley outside the business. This
c�n be a problem for tires. The planning council mei once with the manager on site. Tfuough
those conversations and because of ihe concerns of the neighbors, the plauning counci3 voted to
not support the license.
�
n e t e icense p�icat�on o
_ Glen Berhow d/b/a � S Cor Tnc. _
C+�e Esli. No.15 ��
OCT-03-2000 09�35 City of Saint Paul 651 266 8574 P.03i06
�/-9�
LEGISLATTV$ HEARII3G MINUTES, GB CORE, 500 BUSH AVENLTE, 8-17-00 Page 2
Troy Trooien, 766 Burr Street, appeared and stated he objects to this license being issued
beeause of things he has seen at S00 BusYi Avenue. The people operat'sng this business seem to
have contempt for the environment, laws, and reguiatfions. {Mr. Trooien presented photo�raphs
to Mr. Strathman indicating where petroleum products bad been spilled. These photographers
were also shown to the owner.)
Mr. Strat}unan asked why he preswnes there is consixuction without permits. Mr. Trooien
responded he has not seen pecmits posted. Kristine Schweinter (LIEP) was at the site,
established there was no permit, and told them to stop whatever they were doing.
Autumn 1999, stated Mr. Trooien, there was a lot of activity at S00 B�sh Avenue. lie presumes
that is when GB Core moved in. A lot o#' hucks and activity appeared in the Spring oF 2000.
The Task Force was concemed about traffic, noise, and hours of operation Mr. Trooiea is
mostly troublecl by the pollntion. Oil on the ground will be there for a long time. Also, Mr.
Tzooien received a cai! from Glen Berhow.
Mr. Strathrnan asked is it their perception fltat the way ttus business is being operated is
distuxbing the neighborhood or that it wiIl in the fixture disttvb the neighborhood. Mr. Trooien
respondEd he has seen some things that aze disturbing to him. The a11ey was paved last summer
and re-oiled a�ew weeks ago. Trucks with heavy loads and heauy engines are destroying the
aliey, which is not as bad as dumping, but still a concErn. Traffic, naise, and blocicing the road
are not a problem because d�ey are the cost of dping business.
Glen 13erhow, owner and president, and ]im Yaznsh, atCOrney, appeared. Mr. Berlww stated GB
Core, Inc., is a Wisconsin based corporation_ They have a lazge operation in Green Bay,
Wiscozisin whera there is a 40,000 square foot building and 4 acres of fenced yazd, Everything is
done inside the building as it will bc done in Saint Paul. The bti�siness has been in existence
s�nce 1987. They have leased a building in Saint Paul since 1990. There was an operation on
Yennsylvania AvemYe for about six years. They leased a huilding at 893 Picrce Butler Route for
three years, which expired in October 1999.
NIr. Berhow went on t� say they are a�rowing company and were looking at better business
decisions and decided to purchase a buildin� at 500 BtLSh Avenue. Tt was purchassd on a land
contract detkI. When he first looked at 111e building, it was a mess, and there were a lot of ]egal
issucs that were defaulted on. 'Cl�e building was rented before it was purchased in 7wie, at which
time GB Core took ownership. They havc been cIeaning it up. The building has been used in a
minimal worku� operation. GB Core supplies used engines and eomponents to produetion
engine xcbuilders across the United States. The operafion in Saint Paul is a safellite operarion:
all that is done hare is purchasing.
Mr. Berhow had o conversafion with Troy Trooien and tried to explaTn the operation to him. Mr.
Berhow has gone to the extreme end in trying to xnake this a neighborhood operation, buY it will
not ha.ppen overnighl becanse there is too much work to do on the building. All he is doing with
tIie building is Cleaning it up, takiug down old walls ttxat arc alrcady half knacked down,
OCT-03-2000 99�35 City of Saint Paul 651 266 8574 P.04i06
LEGISLATIVE HEA1tIlVG _ � / �/
MINUTES, GB CORE, 500 BUSH AVENUE, g_I7_00 Page 3
windows that were boarded up, doors that aze not functionable. The � m �� � been at the
bui2ding monthly.
Mr. Stratlunaa stated he is concemed about the adlegations of hazardous materiats. Mr. $erhow
r�sPo�� that is not accvrate_ Sherrie Wings finm the Fire Dep��t ��een there at least
fen Smes in the Iast few months. They have done aIl the things Ms. Wings asked them to do.
't'his building previous(y lvoked so bad that it was a dumpiag ground for mattresses, tires, etc.
�� w�� m�ament box has been put snside the building because dumping is still a
problem.
What are they doing witta the fluids from engines, askefl p�., g��� � gerhof responded
they have speciaily made benches. These engines are loaded onto a tiuck and are sold to GB
Core. There mighi be .05°10 of fluids from 100 engines; the amount is that miniinai. That littIe
bit is drained into a coutainer as requested by Ms. Wings. She also requested Ihat the barrels
used are put on special paI(ets. They have fot� barrels, but tbey won't collect four barrels of
ftulds over a year's time. $veryonc has rushed to conckuions. This building is under review by
the fue departuient and by fhe DNR (Dep2rtmerrt of Natural Resources).
Mr. Strathman asked abc�ut ihe claim thal there t�,� ��etion without permits. (Mr, lierhoW
explained some of the photographs from Mr. Trooien.) Mr, Berhow stated he talked ko someone
in LIEP, �plained wi�aL they are doing, a�d ��t t��ey were xemoving things from the building.
He was told by a representa#ive from LIEp that as long as things are pr�exisfing and pre-framed,
he is not required to have a permit because Hxey are not changing auything,
Mr. Strathman asked about the additional condition regarding the hours, Mr. Berhof responded
the emplayees are us;�a]ly done by 4:00 p,n�. 7:00 woul d never be a problem.
Mr. Trooien asked is the business recycling engines. Mt, i3erhof respondad they have done a
minima] mnount witIi the engines or wliafever.
�r. Trooien stated he counted five dumpsters of stuff going out, $e does not think this is a tiny
operation. Mr. Berhof responded GB Core is not a tiny operation: they sell 1,500 en�ines a
month, Those are approved recycling bins. These are not junlc cngfnes. ti�ey have $750,000 in
inventory. W�en this business is running, thay may be do'ueg $250,000 a wcek ia purchases.
�e3' run a clean operation in Green Bay, and it wili be no differenl in Saine Paul. GB Core does
not look like an engine cat broker place. rvetything is shrink wrapped, prioritized,
computerized, and on racking,
T-ic does not thirik Mr. Berhof is telling the truth, stated Mr. Trooien. The pictures are taken from
a six monfh period. He has seen a pattern of slopp��s outside GB Cora. There is �, serious
operation goiug on. Mr. Trooien is not coneemed that they are computeri�d nor that they do a
good t�usiness in Green Bay. Rather, he is concemed about pollution he has seen everyday for
the past nine monfhs. Mr. Berliof is not addressing this and it speaks to his veracity.
� OCT-03-2000 09�36 City vf Saint Paul 651 266 8574 P.05i06
.� _ � � j
LEGISLATIVE HEARTNG MfN[JTES, GB CORE, S00 BUSH AVENLTE, $-] 7-00 Page 4
Mr. Sylvester stated the business has acknowledged they are already operating, which is a
violation of City code. The fact that they are operating without a license speaks volumes about
how they ace going to manage their business to the benefit of Saint Paul. He urged Mr.
Stratlmz2n to take this into consideration,
Mr. Berhof stated the tninimum amount they aze doing is the transition from the other building to
this building. These gentlemen aze describing things that have happened in the past. GH Core is
going to make this a nice operation.
Mr. Strathman stated he is troubled that GB Core is operating without a license. LJnfoztunately,
this fiappens with disturbing regularity in the City. Operating without a Iicense is not in at�d of
itself a basis for denying a license. The concern of the nei�hboxs is substantial; however, there is
a license condition that the business will handle fluids applicable to County zegulations. Mr.
Strathman does not see a hasis for denying this license.
Gerry Strathman recammended approval of this license application witU the six conditions as
listed on Page I. These conditions have been appmved by Glen Bexhaf.
The nieeting was adjourned at 238 p.m.
�i.,�
' . OCT-03-2000 09�36 City of Saint Paul 651 266 8574 P.06/06
,,
September 6, 2000, City Council Action Mimaes
16, Resolution - 00.788 - 8�cpressing support for a fa'u conhact for American
Federation of Television and Radio Artists (AFTRA) and the Screen Actors Guild
(SAG}.
Adopted Yeas - 7 1�Iays - Q
17. Resolution - 00-789 - Approving the fmaacing and spending plan for the 2000
Public Utilities Rate Investigation budget for cable franchise application fees.
Adogted Xeas - 7 l�ays - 0 �
18. Resolution - 00-790 - Authorizing the Division of Parks and Recreation to apply
for Yvuth Enrichment Grant funding from the Minnesota Depac�ent of Chiidren,
Families & Learning, through the Minnesota Amateur Sports Commission, to help
in the consuuction of two new soccer fislds at McDonough Reereation Center.
Adopted Yeas - 7 Nays - 0
19. Resolution - 00-791 - Referring the application for a Liquor Off Sale License by F
& D Enterprises, Inc., dba Mounds Park Liquors, 243 Point Dougias Road Nprth,
to an Administrative Law Iudge.
Laid over to Sepkember 20 Yeas - 9 Nays - 0
20. Resolntion - 00-792 - Appraving the application for Liquor On-Sale (over 100
Seats} (B), Liquor On-Sale (Sunday), Restaurant (more than t 2 seats) (B),
Cigarette/Tobacco, Entertainment (B), Malt Off-Sale, and Gambling Location
(Ctass B) Licenses by Alan L. Peterson, dba Ryan's Bar, 201 Fourth Street East
(LegislaNve Hearing Officer recommends approval with conditious)
Adopted Ye�s - 7 Nays - 0
21. Resolution - 00-793 - Appmving application for a Recycling Collection Center
License by Glen E. Berhow, dba GB Gore, Inc., S00 Bush Avenue. (Legistadve
Hearing Officer recammends approval with condiHons)
Referred to an Admiaistrafive Law Judge Xeas - 7 Nays - 0
22. Resolution - DO-794 - Approving MnlDOT A�eement No. 80361 between
Mn/DOT and the City of Saint Paui to recons�uct 1raffic signai on Snelling and
Grand Avenues.
o1-gJ
Page 4
Adopted Yeas - 7 Nays - 0
TOTRL P.06
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Saint Paul - Ramsey CouMy Departmeni of Pu6fic Heafth
Environmentat Health Sec4lpn :
Solid & Hazazdous Waste Compliar+ce Program
t670 Beam Avenue, Suite R
Maple�v0od, MN 551 Q8
Telephone:773-4465 Fax:773-4454
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Generamr: �' ��': L.'� ,- �.r-�--
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Inspec[ion Date: F `� �� f ' �``� v ---
East Inspectian Date:
Size: SoG _�_VSQG Purpose: ;"InRial � Routine Follow-up Enforcement Complaint Closore
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1. Ucense CurrenVPasted t Max AccumWation Vo! -< 1000 kg (VSQG} _y antainers - ClosedlGood Cond'RioN
2. EPA ID Numbar , 2, iS0[270 Day SYorage Maximum _ � ImpeYVious Surface '�
3. Waste Evaluation 3. Sperrt Lead Acid Battery Storage �.`iLabe�ing
4. Licertse Application SubmriteG � 3. Reoyciing BecBipts (3 yr) ,
5. Unticensed Hazardous Waste > 75 Oays "�'' �' 4. VSQG • Used Oil Mixed with D001 Only
6. POTW Report3AVailabie , 1. Relinquishing Control 5: Used Oil 9umed Onsite
7. 15 Days Disposa! Prenotification 2. Report/Rgcover Spills (6495451) 6. Tanks • Labeled/CloseU/Good CondiboN
8. Prevlous OrUers Complied Witti �� 3. Operate To Prevent Reiease lmpervious Surface . �
9. Eniry qllowed 4. Adequate Ais[e Space
70. Other
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1. IntemallE�ternal Communication 2. lnspection LoQ Maiches SChadu�e
t. Wee&ly Container lnspections (3 YrS.) �= �OmRfNniCatipns in 4he 1NaSt8 At'ee �
2. Corrtainsrs In Good Candition 3. Emergency/Spill/Fire Equipmer�
3. Containers C(osed 4• EqufpmeRt TestedlMaiMainad i. Designated Emergency Coordinator{s)
4. Accumul9lion Start Date ' 5. IUOYrfication $gnt to Local Authari6es (SQG} 2. Telephone Posting: �
5. 'HezardoUS WaSte" Met'king �, a. Emergerky Caordinator(s) Name and Phone #
6. DescriptHa Name Ctearly Labeleci �� b, Locations of Flre/Spi1f Eq�ipment,
7. Ccntainers Compa6ble Wkh ihe Waste �� P�oPer Manifests c. MDO�rs Dept. Phone # �
8. Proper ignitabielReactive Mgmt (5p,Ft) �2• Copies Availab�e On 5ite (3 Years) 3. 3000 kg Storage Mauiroum
9. Incompatibie Wastes Separated - 3. Manifest Properiy Complefed 4. Aersonnei Training DocumeMed
4. '1'ntiial 6opy To MPCA (� DayS)
i!0• Uquids on Impermeable Surtace � '�.- 5. Fnal Copy To MPCA {40 Days) ��.�.
1�. Storage Tank Requirements 6. 45 Day ExCeption R9pOrt �� �
1. Removal of HW, Hazardous Matarials and
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8. Recy�Eing/Speciat Wastes Aeceipts
1. Liquids on Curbed Impermeable Surfaoe 9. Feetlstock/8y product Bill of Lading {3 yr)
s 2. Ignitghle wastes Shaded 90, LDR Rocumsntstion Available (3 yr} �, USUAST R
3. Protectetl - MoisiurelEntry/Damage egistration
2. Specials Waste SWrage/�luorescer� tubas
The ltems ciroled above identify viclatfons noted during the inspec4ion conducted on this date.
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OFFICE OF THE CITY ATTORNEY
Claytan M. Robinson, Jr., City Attorney ,
CITY OF SA1NT PAUL
� � �'' � t Y � D Civil Division
= Norm Coleman, Mayor r �� r,� ^ ej Q q 4 � 0 7 0 City Hal[ Telephone: 657166-8710
�`-' G� �� I .r Gf7 WestKelloggSlvd. Facsimile: 6i1298-5619
Saint P¢ul, Minnuota 55102
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September 20, 2000
Glen Berhow, President
GB Core, Inc.
P.O. Box 906
Green Bay, Wisconsin 54305
NOTICE OF HEARIIVG
RE: Application for a recycling collection center license by GB Core, Inc., for the premises at
500 Bush Avenue
Dear Mr. Berho;a:
Please take notice that a hearing will be held concerning your application for a recycling
collection center license for the premises at 500 Bush Avenue in Saint Paul. The hearing will be
held at the following date, time and piace:
Date:
Time:
October 12, 200€9
9:30 a.m.
Place: Room 220, City HaIUCourthouse
15 W. Kellogg Boulevard
Sain± Pau1,10'iN 55102
The hearing examiner will be an Administrative Law Judge from the State of Minnesota Office
ef Ac;.�.:ni;trative Hearings:
Name: Phyllis A. Reha
Office of Administrative Hearings
100 Washington Square, Suite 1700
P;�i�u�ayalis, i�lil�T S�SSI?-2i3P
Telephone: (612) 341-7602
The Council of the City of Saint Paul has refexred the question of whether to deny your license
application for a hearing in accordance with the procedures of Saint Paul LegisIaiive Code
§§310.05 and 310.06. Under those provisions, you are entitled to notice and an opportunity to be
heard.
Page 2
Glen Berhow
September 20, 2000
o1-q�
The recommendation which the D'uector of the Office of License, Inspections and Environmental
Protecfion will present to the Administrative Law Judge is that the license should be approved
with conditions. The condifions being recommended are those conditions which you have
reviewed and a�eed to by signature dated March 13, 2000.
However, the Admimstrative Law Judge is permitted to heat'bther interested persons" and to
give them an opporhulity to present testimony and otherwise participate in such a hearing. It is
anticipated that one or more such "interested persons" will participate in the hearing, and
may wish to intervene. The Administrative Law Judge may require such person or persons to
provide written notice of the grounds upon which denial of your license application is urged, and
the factual basis for such grounds. Motions may be made to determine the issue of intervention
and notice of the grounds in advance of the hearing.
You have the right to be represented by an attorney before and during the hearing if you so
choose, or yoe can represent yourself. You may also have another person of your choice to
represent you, to the extent not prohibited as unauthorized pracrice of law.
The hearing will be conducted by an Administrative Law 7udge, who will outline the procedures
for the hearing and consider any motions which the parties or interested persons may present.
Tesiimony is presented under oath, and the witnesses are subj ect to cross-examination. The
hearings are tape-recorded by the Administrative Law Judge. Concluding azguments may be
made orally or in writing, as agreed to by the parties and the 7udge. Following the hearing, the
Judge wiil prepare Findings of Fact, Conclusions of Law, and a specific recommendation for
action to be taken by the City Council. The City Council is the ultunate decision-maker.
You should bring with you to the hearing any documents, records, witnesses or other evidence
that you will or may need to suppozt your position. Subpoenas may be available to compel the
attendance of witnesses or the production of documents in conformity with Minnesota Rules.
Please feel free to contact me if you have any questions about this letter.
Sincerely,
�/ � ��..�,
��
Virginia D. Palxner
Assistant City Attomey
cc: LaVon Regan, Office of Administrative Hearings, 140 Washington Square, Suite 1700,
Mpls, MN 55401
Nancy Anderson, Assistant Council Secretary, 310 City Hall
Page 3
Glen Berhow
September 20, 2000
o!-g�
Robert Kessler, Director of LIEP
Christine Rozek, Deputy Director of LIEP
James P.. Yasosh, Attome� ar Lav✓, 1300 Wash;roron Sqnare, 100 �Vashi.^.�oa Ave. S.,
Mpls, MN 55401 y
Chuck Repke, Community Organizer, District 2 Community Councii, 1961 Sherwood
Ave. E., St. Paul, MN 55119
Bruce Sylvester, Community Organizer, Payne Phalen District 5 Planning Councii, 1014
Payne Ave., St. Paul, MN 55101
Marjorie Mangine, Phalen Village Business Association, 1565 East Idaho, St. Paul, MN
55106
Karen Swenson, Executive Director, North East Neighborhoods Dev. Corp., 1212
Prosperity Ave., St. Paul, MN 55106
o �- 9i
LICENSES
therein illegally. This report shall apply to aIl
hotels, whether heretofore or hereafter licensed.
The conduct of any such hotel in a disorderly
manner or permitting any immoral or unIawfui
conduct or practices therein, or the sale of liquor
illegally, shall be cause for the refusal of a license
to the keeper thereof, or for the revocation of any
license aIready granted.
(Code 1956, § 335.06)
Sec. 407.07. Inspection.
It shall be the duty of the director of the divi-
sion of public health, by himself or through his
duly appointed inspectors, from time to time,
during the life of any license granted hereunder,
to inspect the place of business of the licensee to
ascertain that the same is conducted in a proper,
clean and sanitary manner, and if such inspection
shows that the same is not so conducted, to make
report of the fact to the inspector, who shall im-
mediately transmit the same to the council. The
conduct of his business by any licensee hereunder
in an unclean or unsanitary manner shall be cause
for the revocation of any license issued under this
chapter.
(Code 1956, § 335.�8)
Sec. 407.08. License cancellation.
The conduct of any hotel in a disarderly manner
or permitting any immoral conduct or practice
therein, or the violation of any of the rules or
regulations of the division of public health, de-
partment of fire and safety services or depart-
ment of police, or any of the provisions of this
chapter, shall be suffxcient cause for the refusal of
a license or the cancellation of any license already
issued to the keeper or owner thereo£.
(Code 1956, § 335.10)
§ 408.02
Chapter 408. Recycling Collection
Center/R.ecycling Processing Center*
Sec. 408.01. License required.
No person shall engage in the business of oper-
ating a recycling collection center or a recycling
processing center within the city without a li-
cense. A sepazate license shall be held for each
business premises or auxiliary location within the
city.
(Ord. No. 17787, § 1, 11-15-90; C.F. No. 94-539, §
1, 5-18-94)
Sec. 408.02. Definitions.
For the purposes of this chapter, the following
terms shall have the meaning indicated in this
section:
Mixed municip¢l solid waste shall mean gar-
bage, re£use and other solid waste from residen-
tiai, commercial, industrial and community activ-
ities which is generated and collected in aggregate,
but does not include recyclable materials, auto
hulks, street sweepings, ash, construction debris,
mining waste, sludge, tires, lead acid batteries,
used oil, infectious waste and other materials col-
lected, processed and disposed of as sepazate waste
streams.
Recycl¢ble m¢teri¢Z is reusable material in-
cluding, but not limited to, glass, plastics and syn-
thetic materials, paper products (such as newspa-
pers, stationery, scrap paper, computer paper and
corrugated cardboazd), rubber, batteries, ferrous
and nonferrous metais, concrete, asphalt, wood and
building materials, tree wastes but not including
yazd waste or mixed municipal solid waste.
Recycling collection cerzter is a recycling collec-
tion facility in a building for the acceptance by
donation, redemption or purchase of recyclable ma-
terials. Such a facility may allow limited com-
pacting or crushing of recyclable materials.
*Editor's note—Ord. No. 17787, § 1, adopted \ov. 15, 1990,
repealed Ch. 408, junkyazds and junk dealers, §§ 408.01—
408.06, in its entirety. Prior to this repeal, Ch. 408 was de-
rived from §§ 341.01-341.08 of the city's 1956 Code and from
Ord. No. 16774, adopted Mar. 19, 1981; Ord. No. 16882, adopted
Feb. 11, 1982; and Ord. No. 16977, adopted Nov. 30, 1982.
Supp. No.26 2168.1
ol-�t �
§ 405.02
LEGISLATIVE CODE
Pecyclirzg drop-off station is a facility consisting
of reverse vending machines or unattended
weather-resistant containsrs that aze provided for
the collection of recyclable materials. Any such
recyclable material collected shall be of a size per-
mitting it to be placed compietely inside an en-
closed reverse vending machine, weather-resistant
container or trailer so that said materials aze not
eaposed to the elements. Such a facility may be
established in conjunction with and accessory to
an e�sting commercial or industrial use. The term
"recycling drop-off station" shall not include tem-
porary mobile wllection containers.
Recycling processirzg cerzter is a reeycling fa-
cility that accepts, stores and proceeses recyclable
materials whether or not maintained in connec-
tion with another business. Processing includes,
but is not limited to, bailing, briquetting, crushing,
compacting, grinding, shredding, sawing, shearing
and sorting of recyclable materials and the heat
reduction of such materials.
Y¢rd waste is lawn cuttings, leaves, weeds,
garden wastes and soft bodied plants.
(Ord. No. 17787, § 1, 11-15-90; C.F. No. 94-539, §
2, 5-18-94)
Sec. 408.03. Fees.
The annual license fee for a recycling collection
center and the annual license fee for a recycling
processing center shall be estabiished by ordi-
nance as specified in section 310.09(b).
(Ord. No. 17787, § 1, 11-10-90; C.F. No. 94-539, §
3, 5-18-94)
Sec. 408.04. License requirements.
(a) Applic¢tion. An applicant for an initial li-
cense under this chapter shall submit to the office
of license, inspections and environmental protec-
tion a written applieation signed by himself or
herself if an individual, by all partners if a part-
nership, or by the president or chief executive of-
�icer if a corporation. The application shatl be
signed under oath and shall contain the £ollowing
information:
(1) Name, residence and telephone number of
every person having an interest in the busi-
ness in escess of ten (10) percent owner-
ship.
(2) The trade name and address of the busi-
ness on behalf of which the application is
made and its telephone number.
(3) E�ct address and property description of
the premises in Saint Paul where any part
of the business is to be carried on, together
with a diagram of the premises showing,
with exactness, the location of the abutting
roads, properties, buildings and uses, and
the location, materials and design of all
buildings to be used in the licensed busi-
ness, including structures required here-
under.
(4) Such other information as the inspector may
reasonably require to assist the council.
(b) Investig¢tion. Upon receipt of an initial ap-
plication, the inspector shall forwazd it to the
building inspection and design section, the fire
department and the public health section. Each
office will complete due investigation and will re-
port to the council through the inspector within
forty-five (45) days.
(Ord. No. 17787, § 1, 11-15-90; C.F. No. 94-539, §
4, 5-18-94)
Sec. 408.05. License regulations.
(a) Recycling collection center. Every licensee of
a recycling collection center must comply with the
following conditions:
(1) The required license, name and phone
number of the facility operator, and the
hours of operation must be prominently dis-
played.
(2) The use of power-driven equipment shall
be limited to within a building(s) except for
the once-a-day trans£er of degosited recy-
clable materials in containers from exte-
rior dropoff stations on the premises to
storage locations within the building(s).
(3) All exterior storage of material and goods
for dropoff stations must be in durable, wa-
terproof and rustproof containers or encio-
sures that a:e co�e:ed so that sueh mate-
rials and goods are not exposed to the
elements. All containers or enclosures must
be secured from unauthorized entry or re-
Supp. No. 26 2168.2
o!-q�
LICENSES
moval of goods or material, attractively
painfizd, maintained in good conclition, and
oF a capacity su�cient to accommodate all
such materiaLc. The collection schedule must
also be posted in fuIl view of the public at
all times.
(4) The containers used for recycling dropoff
stations must be clearly mazked to identify
the type of material and goods that may be
deposited and shall display a notice stating
that no material or goods shall be left
outside the recycling containers. There shall
be a sign indicating that cans and bottles
should be rinsed prior to deposit at the
dropoff station or the collection center.
(5) The recycling collection center shall not
operate between 7:00 p.m. and 7:00 a.m. if
the facility is located within five hundred
(500) feet of residentially zoned or residen-
tially used property, measured from the
property line of the recycling collection
center to the property line of the nearest
residentially zoned or residentially used
property.
(6) No fire haZazds shall exist on the premises.
(7) The premises shall be maintained in a
clean and orderly condition free of rats and
other vermin, wastes and standing water.
No oil, grease, petroleum products or other
harmful, hazardous or noxious liquids shall
be allowed to run off the property or absorb
into the ground.
(8) Noise levels shall not exceed the limits set
forth in Chapter 293 oF this Legislative
Code.
(9) Weeds and grass on the premises shall be
maintained in accordance with Chapter 45
of this Legislative Code.
(10)
(11)
No material used in the business shall rest
on or protrude on any public property or be
permitted to be blown off the premises.
No activity required by this chapter to be
licensed shall be conducted any place ex-
cept upon the premises described in a li-
cense, other than necessary transport of
materials to or from licensed premises.
§ 408.05
(b) Recycling processing center. Every licensee
of a recycling processing center shall comply with
the following conditions (NOTE: a recycling pro-
cessing center that collects recyclable materials
shall be subject only to the following conditions
and not those stated above £or a recycling collec-
tion center):
(1) The required license, name and phone num-
ber of the facility operator, and the hours of
operation must be prominently displayed.
(2) All eaterior storage and processing areas
must comply with the requirements for
containers and screening set forth in sec-
tion 60.612(18) and section 60.613(3)(a) if
in an I-1 zoning district or section 60.624(1)
if in an I-2 zoning district.
(3) There shall be no open burning of any
material and no fire hazazds shall exist on
the premises. The use of cutting torches,
furnaces and other equipment which pro-
duce a flame shall not be construed to
constitute open burning,
(4) The premises shall be maintained in a
clean and orderly condition &ee of rats and
other vermin and free of standing water.
No oil, grease, petroleum products or other
harmful, hazazdous or nosious liquid shall
be allowed to run off the property or absorb
into the ground.
(5) Noise levels shall not exceed the limits set
forth in Chapter 293 of this Legislative
Code.
(6) Weeds and grass on the premises shall be
maintained in accordance with Chapter 45
of this Legisiative Code.
(7) No material used in the business shall rest
on or protrude on any public property or be
permitted to be blown off the premises.
(8) No activity required by this chapter to be
licensed shall be conducted any place ex-
cept upon the premises described in a li-
cense, other than necessary transport of
materiais to or from licensed premises.
(Ord. No. 17787, § 1, 11-15-90; C.F. No. 94-539, §
5, 5-18-94)
Supp. No. 34 2169
�l
§ 405.06
LEGISLATIVE CODE
Sec. 408.06. Record keeping.
(a) Tr¢ns¢ctions for which records required to
be maintained. Licensees shall maintain records
on the premises for at least one (1) year for the
following transactions:
(1) Purchoses from minors. Purchases of all
materials, eacluding beverage containers
and paper products, from persons under
age of eighteen (18). In addition, each lic-
ensee shall obtain written consent of a
pazent or guazdian of the minor before
purchasing any materials for which records
of purchases aze required. The written con-
sents shall also be maintained by the lic-
ensee for one (1) yeaz.
(2) Purch¢ses over two hundred doll¢rs
($200.00J. Purchases of all materials, ex-
cluding beverage containers and paper prod-
ucts, for an amount of two hundred dollazs
($200.00) or more from any person.
(b) Inform¢tion recorded. Records for materiais
purchased shail be made at the time of the
purchase and shall provide an accurate account or
description ofthe materials purchased. Each record
shall be cleariy and legibly written in the English
language and shall include the amount paid, the
date and time of the receipt, the seller's identifi-
cation including the seller's name and address.
Records shall be open to inspection at all reason-
able times by the inspector or designee or any
member of the police department.
(c) Restrictiorz on selling or removinggoods ¢nd
materi¢Zs purchased. If probable cause eusts that
specific goods or materiats are stolen contraband
or have been used in the commission of a crime
and a representative of the police department
notifies the licensee of such, the licensee shall not
sell or permit to be sold, remove or permit to be
removed, such goods and materials until such
time as may be determined by the chief of police
or his or her representative, provided that such
time shall in no case exceed the period of ninety
(90) days from the time of notification.
(Ord. No. 17787, § 1, 11-15-90; C.F. No. 94-539, §
6, 5-18-94)
Sec. 408.07. License not transferable.
Licenses issued hereunder shall not be trans-
ferable.
(Ord. No. 17787, § 1, 11-15-90; C.F. No. 94-539, §
7, 5-18-94)
Sec. 408.08. Renewal; transition provisions.
(a) Renewal. Any person to whom an initial
license has been issued may obtain the annual
renewal of the license by filing with the inspector
an application which specifies any changes in the
in£ormation submitted with the initial application
and the annuai license fee. The inspector shall
process the application in the manner specified in
section 408.04 and the council shall consider the
application in the manner specified in section
310.04.
(b) �ansition prouisions. Applications for re-
newal by persons holding a_license under the
provisions of Chapters 408 or 420, as of the
effective date of this ordinance [Ordinance No.
17787, as amended by C.F. No. 94-539], with
respect only to eicisting premises, shall be treated
as a renewal rather than an initial license; pro-
vided, that the persons agree to abide by the
terms of this chapter within ninety (90) days from
the expiration of the original license.
(c) Adaerse ¢ction. The council may take ad-
verse action on any lieense in accordance with the
procedures set forth in Chapter 310.
(Ord. No. 17787, § 1, 11-15-90; C.F. No. 94-539, §
8, 5-18-94)
Chapter 409. Intofficating Liquor*
Sec. 409.01. License required; catering ap-
proval.
(a) No person shall sell intoxicating liquor for
consumption at any time or place in Saint Paul
without a license.
(b) No person holding a catering permit issued
by the State of Minnesota who does not have an
appropriate on-sale liquor license issued by the
City of Saint Paul shall sell intoxicating liquor at
any time or place in Saint Paul without first
obtaining the required temporary liquor license
as prescribed in this chapter. In addition, the
holder of a state catering permit who wishes to
obtain a temporary liquor license in the City of
*Cross references--For general provisions pertaining to
liquor and beer, see 15t1e XXIV; noaintoxicating malt liquor,
Ch. 410; nse of beer and into�cating liquor in drive-in motion
picture theatres prohibited, § 416.06(b).
Supp. No. 34 217�
o t-q�
§ 310.04
LEGISLATIVE CODE
forth in section 310.05. If the director is
recommending issuance of the license, but
the affected neighborhood organization(s)
or other interested persons give notice
within thirty (30) days of receipt of notice
of the existence of the application (or
within forty-five (45) days if the applica-
tion involves a liquor License) of objection
to issuance of the license, the matter shall
be referred for a hearing before the legis-
lative hearing officer, who shall give no-
tice of the time, place and date of the
hearing to the affected neighborhood or-
ganization(s) and the applicant. The leg-
islative hearing officer shall take testi-
mony from all interested persons and shall
make a recommendation to the council as
to whether the matter should be referred
for a hearing before an independent hear-
ing exazniner in accordance with the pro-
cedures set forth in section 310.05. Where
the application for the grant, issuance or
renewal of a Class N license meets all the
requuements of law, and where there
exists no ground for adverse action, the
director shall issue such lieense in accor-
dance with law.
(2) Renew¢Z. The director shall in writing
notify the counciI, and the affected neigh-
borhood organization(s) established for cit-
izen participation purposes, at least svcty
(60) days before the expiration date of all
Class N licenses. A public hearing on the
renewal of any such license shall not be
held except on the request of a
councilmember, which request shall be
incorporated in the form of a council res-
olution. Upon the passage of such resolu-
tion, the director shall give cvritten notice
of such hearing to the affected neighbor-
hood organizations. Such public hearing
does not replace or amend any of the
procedures set forth in section 310.05 of
the Legislative Code. If no request for a
public hearing is made before the expira-
tion of any such license, and where there
exists no ground for adverse action, the
director shall issue the license in accor-
dance with law.
(e) Appeal; Class R or Class T licenses. An
appeal to the city council may be taken by any
person aggrieved by the grant, issuanee or re-
newal of a Class R or Class T license; provided,
however, that the appeal shall have been filed
with the city clerk within thirty (30) days after
the action by the director. The only grounds for
appeal shall be that there has been an error of law
in the grant, issuance or renewal of the license.
The appeal shall be in writing and shall set forth
in particulaz the alleged errors of law. The council
shall conduct a hearing on the appeai within
thirty (30) days of the date of filing and shall
notify the licensee and the appellant at least ten
(10) days prior to the hearing date. The proce-
dures set forth in seetion 310.05, insofar as is
practicable, shall apply to this hearing. Following
the hearing, the council may affirm or remand the
matter to the inspector or director, or may reverse
or place conditions upon the license based on the
council's deterniination that the decision was based
on an error of law. The filing of an appeal shall not
stay the issuance of the license.
(� No w¢iver by renew¢Z. The renewal of any
license, whether Class R, T or N, shall not be
deemed to be a waiver of any past violations or of
any grounds for imposition of adverse action
against such license.
(Code 1956, § 510.04„Ord. No. 17455, § 1, 5-21-87;
Ord. No. 17551, § 1, 4-19-88; C.F. No. 94-500, § 1,
7-6-94; C.F. No. 95-473, § 3, 5-31-95; C.F. No.
95-1517, 1-31-96; C.F. No. 97-1446, § 1, 12-30-97;
C.F. No. 99-500, § 2, 7-7-99)
Sec. 310.05. Hearing procedures.
(a) Adverse ¢ction; notice ¢nd hearing require-
ments. In any case where the council may or
intends to consider any adverse action, including
the revocation or suspension of a license, the
imposition of conditions upon a license, or the
en' �' �application for the grant, issuance or
renewal of a license, or the disapproval of a
license issued by the State of Minnesota, the
applicant or licensee shall be given notice and an
opportunity to be heard as provided herein. The
council may consider such adverse actions when
recommended by the inspector, by the director, by
Supp. No. 41 2034
o!-qe
LICENSES
the director of any egecutive department estab-
lished pursuant to Chapter 9 of the Charter, by
the city attorney or on its own initiative.
(b) Notice. In each such case where adverse
action is or will be considered by the council, the
applicant or licensee shall have been notified in
writing that adverse action may be taken against
the license or application, and that he or she is
entitled to a heazing before action is taken by the
councff. The notice shall be served or maiied a
reasonable tune beFore the hearing date, and
shall state the place, date and time of the hearing_
The notice shall state the issues involved or
grounds upon which the adverse action may be
sought or based. The council may request that
such writtea notice be prepared and served or
mailed by the inspector or 6y the city attorney.
(c) Hearing. Where there is no dispute as to
the facts underlying the violation or as to the facts
establishing mitigating or aggravating circum-
stances, the hearing shatl be held before the
council. Otherwise the hearing shall be conducted
before a hearing examiner appointed by the coun-
cil or retained by contract with the city for that
purpase. The applicant or the licensee shall be
provided an opportnnity to present evidence and
argument as well as meet adverse testimony or
evidence by reasonable cross and
rebuttal evidence. The hearing examiner may in
its discretion permit other interested persons the
opportunity to present testimony or evidence or
otherwise participate in such hearing.
(c-1) Procedure; h¢¢ring examiner. The hear-
ing examiner shall heaz all evidence as may be
presented on behalf of the city and the appiicant
or licensee, and shali present to the council writ-
ten findings of fact and conclusions of law, to-
gether with a recommendation for adverse action.
The council shall consider the evidence con-
tained in the record, the hearing examiner's rec-
ommended findings of fact and conclusions, and
shall not consider any factual testimony not pre-
viously submitted to and considered by the hear
ing examiner. After receipt of the hearing
examiner's findings, conclusions, and recommen-
dations, the council shall provide the applicant or
licensee an opportunity to present oral or written
az'guments alleging error on the part of the exam-
§ 310.05
iner in the application of the law or interpretation
of the facts, and to present azgument related to
the recommended adverse action. Upon conclu-
sion of that hearing, and after considering the
record, the examiner's findings and recommenda-
tions, together with such additional arguments
presented at the hearing, the council sha11 deter
mine what, if any, adverse action shalt be taken,
whieh action shall be by resolution. The council
may accept, reject or modify the findings, conclu-
sions and recommendations of the hearing exam-
iner.
(c-2) Ex parte contacts. If a license matter has
been scheduled for an adverse hearing, council
members shall not discuss the license matter with
each other or with any of the parties or interested
persons involved in the matter unless such dis-
cussion occurs on the record during the hearings
of the matter or during the council's fmal deliber-
ations of the matter. No interested person shall,
with knowledge that a license matter has been
scheduled for adverse hearing, convey or attempt
to convey, orally or in writing, any information,
az'gnment or opinion about the matter, or any
issue in the matter, to a council member or his or
her staff until the council has taken finai action
on the matter; provided, however, that nothing
herein shall prevent an inquiry or communica-
tions regarding status, scheduling or procedures
concerning a license matter. An interested person,
for the purpose of this pazagraph, shall mean and
inc3ude a person who is an officer or employee of
the licensee which is the subject of the scheduied
adverse hearing, or a person who has a financial
interest in such licensee.
(d) Licensee or ¢pplicarzt m¢y be represented.
The licensee or applicant may represent himself
or choose to be represented by another.
(e) Record,� evidence. The hearing exazniner
shall receive and keep a record of such proceed-
ings, including testimony and e�ibits, and shall
receive and give weight to evidence, including
hearsay evidence, which possesses probative value
commonly accepted by reasonable and prudent
persons in the conduct of their affairs.
(fl Counczl action, resolution to cont¢in fznd-
ings. Where the council takes adverse action with
respect to a license, licensee or applicant for a
Supp. No. 41
2035
§ 310.05
LEGISLATIVE CODE
license, the resolution by which such action is
taken shall contain its findings and determina-
tion, including the imposition of conditions, if any.
The council may adopt all or part of the findings,
conclusions and recommendations of the hearing
examiner, and incorporate the same in its resolu-
tion taking the adverse action.
(g) Additional prceedures where required. Where
the provisions of any statute or ordinance require
additional notice or hearing procedures, such pro-
visions shall be complied with and shall super-
sede inconsistent provisions of these chapters.
This shall include, without limitation by reason of
this specific reference, Minnesota Statutes, Chap-
ter 364 and Minnesota Statutes, Section 340A.415.
(h) Discretion to he¢r notwitlzstanding witlz-
dr¢w¢l or surrender of ¢pplic¢tion or license. The
council may, at its discretion, conduct a hearing or
direct that a hearing be held regarding revocation
or denial of a license, notwithstanding that the
applicant or licensee has attempted or purported
to withdraw or surrender said license or appiica-
tion, if the attempted withdrawal or surrender
took place after the applicant or licensee had been
notified of the hearing and potential adverse
action.
(i) Continu¢nces. Where a hearing for the pur-
pose of considering revocation or suspension of a
license or other disciplinary action involving a
license has been scheduled before the council, a
continuation of the hearing may be granted by the
council president or by the council at the request
of the licensee, license applicant, an interested
person or an attorney representing the foregoing,
upon a showing of good cause by the party making
the request.
(j) If the council imposes an adverse action as
defined in section 310.01 above, a generic notice of
such action shall be prepared by the license
inspector and posted by the licensee so as to be
visible to the public during the effective period of
the adverse action. The licensee shall be respon-
sible for taking reasonable steps to make sure the
notice remains posted on the front door of the
licensed premises, and failure to take such rea-
sonable precautions may be grounds for further
adverse action.
(k) Imposition of costs. The council may im-
pose upon any licensee or license applicant some
or all of the costs of a contested hearing before an
independent hearing egaminez The costs of a
contested hearing include, but are not limited to,
the cost of the administrative law judge or inde-
pendent hearing egaminer, stenographic and re-
cording costs, copying costs, city staff and attor-
ney time for which adequate records have been
kept, rental ofrooms and equipment necessary for
the hearing, and the cost of expert witnesses. The
council may impose all or part of such costs in any
given case if (i) the position, claim or defense of
the licensee or applicant was frivolous, arbitrary
or capricious, made in bad faith, or made for the
purpose of delay or harassment; (ii) the nature of
the violation was serious, or involved violence or
the threat of violence by the licensee or employees
thereof, or involved the sale of drugs by the
licensee oz employees thereof, and/or the circum-
stances under which the violation occurred were
aggravated and serious; (iii) the violation created
a serious danger to the public health, safety or
welfare; (iv) the violation involved unreasonable
risk of harm to vulnerable persons, or to persons
for whose safety the licensee or applicant is or
was responsible; (v) the applicant or licensee was
sufficiently in control of the situation and there-
fore could have reasonably avoided the violation,
such as but not limited to, the nonpayment of a
required fee or the failure to renew required
insurance policies;(vi)the violation is covered by
the matrix in section 409.26 of the Legislative
Code; or (vii) the violation involved the sale of
cigazettes to a minor.
(1) Imposition of fines. The council may impose
a fine upon any licensee or license applicant as an
adverse license action. A fine may be in such
amount as the council deems reasonable and
appropriate, having in mind the regulatory and
enforcement purposes embodied in the particular
licensing ordinance. A fine may be in addition to
or in lieu of other adverse action in the sole
discretion of the council. To the extent any other
provision of the Legislative Code provides for the
imposition of a fine, both provisions shall be read
Supp. No. 41 2036
01-q�
o �-q
LICENSES
together to the extent possible; provided, how-
ever, that in the case of any conft�� or inconsis-
tency, the other provision shall be controlling.
(Code 195fi, § 510.05; Ord. No. 17551, § 2, 4-19-88;
Ord. No. 17559, §§ 1, 2, 5-17-Sg; prd. No. 17659,
§ 1, 6-13-89; Ord. No. I7911, § 1, 3-10-92; C.F. No.
94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94;
C.F. No. 941340, § 2, 10-19-94; C.F. No. 95-473, §
4, 5-31-95)
Sec. 320.06. Revocation; suspension; adverse
actions; imposition of condi-
tions.
(a) Council m¢y t¢ke ¢dverse ¢ction. The coun-
cil is authorized to take adverse action, as defined
in section 310.01 above, against any or all licenses
or permits, licensee or applicant for a license, as
provided in and by these chapters. Adverse ac-
tions against entertainment licenses issued under
Chapter 411 of the Legislative Code may be
initiated for the reasons set forth in subsection (b)
below, or upon any lawful grounds which aze
communicated to the license holder in writing
prior to the hearing before the counci2. Such
actions shall be initiated and carried out in accor-
dance with the procedures outlined in section
310.05; provided, however, that the formal notice
of hearing sha11 be used to initiate the adverse
action without the use of prior procedural steps.
(b) B¢sis for ¢ction. Such adverse action may
be based on one (1) or more of the following
reasons, which aze in addition to any other reason
specifically providecTby law or in these chapters:
(1) The license or permit was procured by
misrepresentation ofmaterialfacts,fraud,
deceit or bad faith.
(2) The applicant or one acting in his or her
behalf made orai or written misstate-
ments or misrepresentations of material
facts in or accompanying the application.
(3) The license was issued in violation of any
of the provisions of the Zoning Code, or
the premises which aze licensed or which
are to be licensed do not comply with
appTicable health, housing, fire, zoning
and building codes and regulations.
§ 310.06
(4) The license or pernut was issued in viola-
tion of law, without authority, or under a
material mistake of fact.
(5) The licensee or applicant has failed to
comply with any condition set forth in the
license, or set forth in the resolution grant-
ing or renewing the license.
(6) a.
�
(7)
(8)
(9)
The licensee or applicant (or any
person whose conduct may by law be
imputed to the licensee or applicant)
has violated, or performed any act
which is a violation of, any of the
provisions of these chapters or of any
statute, ordinance or regulation rea-
sonably related to the licensed activ-
ity, regardless of whether criminal
charges have or have not been
brought in connection therewith;
The licensee or applicant has heen
convicted of a crime that may dis-
qualify said applicant from hoiding
the license in question under the
standards and procedures in Minne-
sota Statutes Chapter 364; or
�� The licensee or applicant (or any
person whose conduct may by law be
iuiputed to the licensee or applicant)
has engaged in or permitted a pat-
tern or practice of conduct of failure
to comply with laws reasonabiy re-
lated to the licensed activity or from
which an inference of lack of fitness
or good character may be drawn.
The activities of the licensee in the li-
censed activity created or have created a
serious danger to the public health, safety
or welfaze, or the licensee performs or has
performed his or her work or activity in
an unsafe manner.
The licensed business, or the way in which
such business is operated, maintains or
permits conditions that unreasonably an-
noy, injure or endanger the safety, health,
morals, comfort or repose of any consider-
able number of inembers of the public.
Failure to keep sidewalks or pedestrian
ways reasonably free of snow and ice as
required under Chapter 114 of the Saint
Paul Legislative Code.
Supp. No. 41 2037
Dl-9'�
§ 330.06
LEGLSLATIVE CODE
(10) The licensee or applicant has shocvn by
past misconduct or unfair acts or deal-
ings: physical abuse, assaults or violent
actions done to others, including, but not
limited to, actions meeting the definition
of criminal seaual conduct pursuant to
Minnesota Statutes Sections 609.342
through 609.3451; sexual abuse, physical
abuse or maltreatment of a child as de-
fined in Minnesota Statutes Section
626.556, subdivisions 2 and 10e, includ-
ing, but not limited to, acts which consti-
tute a violation of Minnesota Statutes
Sections 609.02, subdivision 10; 609.321
through 609.3451; or 617246; neglect or
endangerment of a child as defined in
Minnesota Statutes Section 626.557,sub-
division 2; the manufacture, distribution,
sale, gift, delivery, transportation, ex-
change or barter of a controlled substance
as defined in Minnesota Statutes Chapter
152; the possession of a controlled suh-
stance as defined in Minnesota Statutes
Chapter 152 in such quantities or under
circumstances giving rise to a reasonable
inference that the possession was for the
purpose of sale or distribution to others;
or by the abuse of alcohol or other drugs,
that such licensee or applicant is not a
person of the good moral character or
fitness required to engage in a licensed
activity, business or profession.
(il) The licensee or applicant has materially
changed or permitted a material change
in the design, construction or configura-
tion of the licensed premises without the
�, prior approvai of the city council in the
case of Class N licenses, the director in
the case of Class T licenses, and the
inspector in the case of Class R licenses,
or without first having obtained the proper
building permits from the city.
(12) The licensee or applicant has violated
section 294.01 of the Legislative Code, or
has made or attempted to make a prohib-
ited ex parte contact with a council mem-
ber as provided in section 310.05(c-2) of
the Legislative Code.
The terms "licensee" or "applicant" for the pur-
pose of this section shall mean and include anv
person who has any interest, whether as a holder
of more than five (5) percent of the stock of a
corporation, as a partner, or othercvise, in the
premises or in the business or activity which are
licensed or proposed to be licensed.
wth respect to any license for activities entitled
to the protection of the First Amendment, notcvith-
standing the foregoing provisions, neither the
lack of good moral character or fitness of the
licensee or applicant nor the content of the pro-
tected speech or matter shall be the basis for
adverse action against the license or application.
(c) Imposition of re¢son¢ble conditions and /or
restrictions. When a reasonable basis is found to
impose reasonable conditions and/or restrictions
upon a license issued or heid under these chap-
ters, any one (1) or more such reasonable condi-
tions and/or restrictions may be imposed upon
such license for the purpose of promoting public
health, safety and welfare, of advancing the pub-
lic peace and the elimination of conditions or
actions that constitute a nuisance or a detriment
to the peaceful enjoyment of urban life, or promot-
ing security and safety in neazby neighborhoods.
Such reasonable conditions and/or restrictions
may include or pertain to, but aze not limited to:
(1) A limitation on the hours of operation of
the licensed business or establishment, or
on particular types of activities conducted
in or on said business or establishment;
(2) A limitation or restriction as to the loca-
tion within the licensed business or estab-
lishment where particulaz type of activi-
ties may be conducted;
(3) A limitation as to the means of ingress or
egress from the licensed establishment or
its parking lot or immediately adjacent
area;
(4) A requirement to provide off-street park-
ing in excess of other requirements of law;
(5) A limitation on the manner and means of
advertising the operation or merchandise
of the licensed establishment;
(6) Any other reasonable condition or restric-
tion limiting the operation of the licensed
business or establishment to ensure that
Supp. No. 41 2038
���ql
LICENSES
the business or establishment will harma
nize with the chazacter of the azea in
which it is located, or to prevent the
development or continuation of a nui-
sance.
The inspector may impose such conditions on
Class R licenses with the consent of the license
holder, or may recommend the imposition of such
conditions as an adverse action against the li-
cense or licenses; the inspector has the same
power with respect to Class T licenses. The coun-
cil may impose such conditions on Class N li-
censes with the consent of the license holder, or
upon any class of license as an adverse action
against the license or licenses following notice
and hearing as may be required. Such conditions
may be imposed on a license or licenses upon
issuance or renewal thereof, or upon and as part
o£any adverse action against a license or licenses,
including suspension. Conditions imposed on a
license or licenses shall remain on such licenses
when renewed and shall continue thereafter until
removed by the councii in the case of conditions
on Class N licenses or conditions imposed by
adverse action, and by the inspector in the case of
Class R and T licenses.
(d) St¢nd¢rds for multiple license determina-
tion. In any case in which the council is autho-
rized to take adverse action against less than all
of the licenses held by a licensee; or applied for by
an applicant, the following standards may be
used:
(1) The nature and gravity of the grounds
found by the council to exist upon which
the adverse action would be based;
(2) The policy and/or regulatory goals for the
particular &censes involved, either as em-
bodied in the Legislative Code or as found
and determined by the council;
(3) The interrelationship of the licenses and
their relative importance to the overall
business enterprise of the licensee or ap-
plicant;
(4) The management practices of the licensee
or applicant with respect to each of such
licenses;
§ 310.07
(5) The eatent to which adverse action against
less than all of the licenses or applications
would result in difficulty in enforcing and
monitoring the adverse action taken;
(6) The hazdship to the licensee or applicant
that would be caused by applying adverse
action to all licenses or applications; and
(7) The hardship and/or danger to the public,
or to the public health and welfaze, that
would result from adverse action against
less than all of the licenses or applica-
tions.
(Code 1956, § 510.06; Ord. No. 17584, § 1, 8-25-88;
Ord. No. 17657, § 15, 6-8-89; Ord. No. 17659, § 2,
6-13-89; Ord. No. 17901, §§ 2, 3, 1-14-92; Ord. No.
17917, §§ 2, 3, 3-31-92; Ord. No. 17922, § 1,
4-28-92; C.F. No. 94-500, § 3, 7-6-94; C.F. No.
94-1340, § 3, 10-19-94; C.F. No. 95-473, § 5,
5-31-95; C.F. No. 99-500, § 3, 7-7-99)
Sec. 310.07. Termination of licenses; surety
bonds;insurance contracts.
(a) Autom¢tic termin¢tion, reinst¢tement; re-
sponsibility of Iicensee. All licenses or permits
which must, by the provisions of these chapters or
other ordinances or laws, be accompanied by the
filing and maintenance of insurance policies, de-
posits, guarantees, bonds or certifications shall
automaticaliy terminate on cancellation or with-
drawal of said policies, deposits, bonds or certifi-
cations. No licensee may continue to operate or
perForm the licensed activity after such termina-
tion. The licensee is liable and responsi6le for the
filing and maintenance of such policies, deposits,
guazantees, bonds or certifications as are re-
quired in these chapters, and shall not be entitled
to assert the acts or omissions of agents, brokers,
employees, attorneys or any other persons as a
defense or justification for failure to comply with
such filing and maintenance requirements. In the
event the licensee reinstates and files such poli-
cies, deposits, bonds or certifications �vithin thirty
(30) days, the license is automatically reinstated
on the same terms and conditions, and for the
same period as originally issued. After thirty (30)
days, the applicant must reapply for a renewal of
his license as though it were an original applica-
tion.
Supp. No. 41 2038.1
�
ol-gl
District Five Planning Council:
Opposition to Granting Class N
License to GB Core Inc.
Prepared by:
Bruce Sylvester of District 5 Planning Council and
Lawrence (Troy) Trooien of Railroad Island Implementation Task Force
for presentation before the Administrative Law Judge on October 12, 2000
Table of Contents
di-ql
1.Olntroduction----------------------------------- 1
2.0 Exampies, Arguments and Citations of City Code - - - - - - - - - - - - - - - - 1
2.1 Pattern of Failure to Compiy with Laws - - - - - - - - - - - - - - - - - - 1
2.1.1 Ignoring Instructions from LIEP to Discontinue Operations ---- 1
2.1.2 Operating for Ten Years Wiffiout a Business License ------ 2
2.1.3 Ten Years Without a Hazardous Waste Generator License --- 3
2.1.4 Village of Howard versus Glen Berhow - - - - - - - - - - - - - 3
2.1.5 BuildingWithoutaPermit - - - - - - - - - - - - - - - - - - - - 4
22 BuildingWithoutaPermit - - - - - - - - - - - - - - - - - - - - - - - - 5
2.3 Careless and i(lega( Handfing of Hazardous Wastes - - - - - - - - - - - 6
2.3.1 Failure to Comply with License Condition - - - - - - - - - - - - 6
2.3.2 Danger to the Public Health, Safety or Weifare --------- 6
2.3.3 Examples----------------------------6
2.3.4.1 "Oii-Dri" and Fluorescent Lamps in the Dumpster ---- 6
2.3.5.2 NumerousOilSpilfs- - - - - - - - - - - - - - - - - - - 7
2.3.6.3 Irresponsibie Storage of Oil Drums - - - - - - - - - - - 7
2.3.7.4 Oil Spilis at Pierce-Butler Route Location -------- 7
2,4 Pattern of Bad Faith and Dishonesty - - - - - - - - - - - - - - - - - - - 8
2.4.1 Misrepresented Need for Buiiding Permit - - - - - - - - - - - - 8
2.4.2 Berhow Offers Fictitious Figures During the Legislafive Hearing - 8
2.4.3 Unwiliing To Address Issues - - - - - - - - - - - - - - - - - -10
2.4.4 Only Applies for Licenses When He Is Forced to Do So -----10
2.4.5 Mid Northern Electric vs. GB Core - - - - - - - - - - - - - - - -10
2.4.6 Various Other Small Claims - - - - - - - - - - - - - - - - - - -11
3 . 0 C o n c I u s i o n s - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 7 2
Conventions followed in this document.
Three text styies are used in this document. They signify the following:
• this text is the body of the narrative
• times new roman is used to signify that the text is a direct citation from the City Code or
another legai document (bold text added for emphasis, ... si�nifies some part of text was
left out)
•(Text that appears in italics and within parenthesis are references to documenfs in
the `600k of evidence" that accompanies this documenf. Section numbers refer to
the tabs in thaf book.)
District Five Planning Council: Opposition to Granting Class N License to GB Core Inc. /
of�9
1.0 Introduction
We oppose the granting of a Class N license for the operation of a recycling collection
center to Glen E. Berhow dba GB Core Inc. for the foliowing reasons, all of which we
believe are grounds for denial under Section 310.06 of the City Code:
GB Core has demonstrated a pattern of non-compliance with the regulations that
concern his business. He has operated in St. Paul for approximately 10 years
without a business license, and without a Hazardous Waste Generator License.
He has also defied the regulatory process in the Viliage of Howard (Wisconsin),
where his business is based.
• GB Core has shown a pattern of careless and illegal handling of hazardous waste.
• GB Core has carried out several building projects without a building permit.
• Glen Berhow has demonstrated a pattern of dishonesty and bad faith.
2.0 Examples, Arguments and Citations of City Code
2.1 Pattern of Failure to Comply with Laws
Under Section 310.06 (b) (6) c., where the City Code is listing acceptabie reasons for
"adverse actions", which we understand to include denial of a license, is this statement:
(b) (6) c. The licensee or applicant (or any person whose conduct may by law be imputed to
the licensee or applicant) has engaged in or permitted a pattern or practice of conduct of
failure to comply with laws reasonably related to the licensed activity or from which an
inference of lack of fitness or good character may be drawn.
We have several examples of actions taken by Mr. Berhow and his employees at 500
Bush Ave. and other locations to which we believe this part of the law could be appiied:
2.1.1 Ignoring Instructions from LIEP to Discontinue Operations
Mr. Berhow's first contacts with the regulatory agencies of the City of St. Paul, relating to
500 Bush Ave., occurred in December of 1999. That contact was initiated by complaints
to the City, not by GB Core Inc. The substance of the contact was:
• a face-to-face conversation between Lawrence Zangs (of LIEP) and GB Core Inc.
foreman Fred Gonzalez, at 500 Bush, (November 30, 1999) 5�� Ser t: o.. 3
• a telephone conversation between Zangs and Glen Berhow (December 2, 1999) _
Se� �cc}�o;., '�
• two letters from Zangs to Berhow (December 2 and 10, 1999), and
��� sec-�; � �S
• one letter from Berhow to Zangs. (December 3, 1999) 5�� 5�c�-i o;; �
District Five Planning Council: Opposition to Graniing Class N License to GB Core Inc. D � r � /
As a result of these contacts, Berhow agreed to appiy for a business license. Mr. Zangs
made it quite clear in both of his letters that GB Core Inc. was not to start business oper-
ations at 500 Bush until the required license issues had been resoived.
Because today's (October 12, 2000) hearing is part of the licensing approval process, it
is obvious that as of this date GB Core Inc. does not have the required business license.
In spite of the fact that they have no license, and contrary to Zangs' instructions, GB
Core Inc. is operating at 500 Bush. That GB Core Inc. is indeed operating is known for
two reasons:
• Berhow stated so at the August 17, 2000 Legisiative Hearing. (See Section 1,
page 2, paragraph 6, and Section 1, page 3, paragraph 6.)
• Photographs, ail taken during the summer of 2000, show the business of engine
recycling collection taking place. (See Section 4.)
Therefore, we contend that Berhow's refusal to follow Zangs' very clear instructions is a
failure to comply with the laws relating to the business for which a license is being
sought. His refusal to comply with the law is grounds for denial.
2.1.2 Operating for Ten Years Without a Business License
GB Core has been operating for approximately 10 years in the City of St. Paui and at no
time during that period did it have the required business license. Failure to get the
required license is, in our reading of the City Code, a"failure to comply with laws reason-
abiy related to the licensed activity". To do so for ten consecutive years is a pattern.
We know that GB Core has been operating in St. Paul since 1990 because
Mr.Berhow toid us so at the Legislative Hearing of August 17, 2000. (See Section
1, page 2, paragraph 5.)
• We know that he has no license for two reasons:
- He first applied for a license on January 3, 2000. (See Section 5.)� � � 9 e3 �
- In a phone conversation with Christine Schweinler of LIEP we were told that
no business license has been issued to GB Core Inc. at 500 Bush Ave or at
either of the two earlier locations from which it operated.
- GB Core Inc. operated at 193 East Pennsylvania Ave. from 1990 to1996.
(We found this address on a core supplier's web page. See Section 6.)
- GB Core Inc. operated at 893 Pierce-Butier Route from 1996 to 1999.
(Berhow revealed his connection to this address at the 7-17-2000 Legisla-
tive Hearing. See Section 1, page 2, paragraph 5.)
District Five Planning Councii: Opposition to Granting Class N License to GB Core Inc.
at�ql
2.1.3 Operating for 10 Years Without a Hazardous Waste Generator License
GB Core has been operating for approximately 10 years in the City of St. Paul and at no
time during that period did it have the required Hazardous Waste Generator License.
Failure to get the required permit is, in our reading of the City Code, a"failure to comply
with iaws reasonably reiated to tfie (icensed activity". To do so for ten consecutive years
is a pattern.
We know that GB Core has been operating in St. Paul since 1990 because
Mr.Berhow told us so at the Legislative Hearing of Rugust 17, 2000. (See Section
1, page 2, paragraph 5.)
We know that he has no license because he first appiied for a license on i 5 Sep-
tember 2000. (See Section 7.)
• We also know that he has not had a license before because he has no EPA oper-
ating number, as of October 6, 2000. (See Section 7.) �, z�
2.1.4 Village of Noward versus Glen Berhow
On May 20, 1999 the Village of Howard, Wisconsin, filed a compiaint against Gien Ber-
how and G8 Core Inc. at the Circuit Court of Brown County Wisconsin. (See Section 2.)
Here are some excerpts from that complaint:
7. That on or about December 2I, 1998 the defendant Glen Berhow made an application for
conditional use approval to allow a salvage yard to be ]ocated at 2014 Glendale Avenue, Village
of Aoward, Wisconsin...
8. Following a public hearing by the Village of Howard Plan Commission on January 18, 1999
the Plan Commission made Findings and Recommendation for denial of this request...
9. On January 25, 1999 the Village Board of the Viliage of Howard denied the conditional use...
10. Soon thereafter, in spite of the denial of a conditional use permit, the defendant transported or
had transported to its premises approximateIy ten (10) trucks which were dismantled and scrap
materials therefrom includin� but not limited to metals and vehicle parts were stored in an
unenclosed area. In addition, the defendanYs conducted an outside smelting operation on the
premises for processing metals and other salvage materials from the motor vehicles and said
operation constitutes a junk or salvage yard within the meaning of Section 17.02(84) of the
Zoning Code for the Village of Howard.
26. That after repeated demands by Village Officials and State Officials the defendants
have failed and refused to obtain necessary plan approvals, permits and complete the
necessary work to comply with the State Laws and the Village of Howard Buiiding Code.
27. That the defendant's alteration and continued use and operation of Yhe building at 2014
Glendale Avenue while the building fails to meet and comply with Orders from the State of
Wisconsin Department of Commerce and the Village of Howard Building Code without an
Discrict Five P7anning Courtcil: Opposition to Granting Ciass N License to GB Core Ina O!� /
L
occupancy certifcate for the baildin� constitutes an untawful buildin�, structures and uses
pursuant to Section 14.07 of the Building Code and further represents a continuous and
ongoing violation of the Village of Howard Building Code.
WHEREFORE, the Plaintiff, ViIlage of Howazd, requests judgment a�ainst the defendants.....
(See Section 2 for the fufl copy of the compfaint.)
We feel that the behaviors and actions attributed to Mr. Berhow in this compiaint further
establish the pattern of "failure to comply with laws reasonabiy related to the licensed
activity." This case also demonstrates a disturbing contempt for the legal processes and
ought to be seen as an indicator of the problems and expenses that are likely to accrue
to the City of St. Paul if Glen Berhow is allowed to operate in our community.
2.1.5 Building Without a Permit
The law requires that building permits be acquired for construction. Failure to get the
required buifding permits is a vio(ation of the law. (n Section 2.2, which follows immedi-
ately, we describe several examples of construction at 500 Bush Ave. that were carried
out without a building permit. For the moment we contend simply that construction with-
out a permit is unlawful, that GB Core Inc. undertook at least 5 construction projects with-
out a permit, and that this behavior is a further exampie of Mr. Berhow's pattern of failure
to comply with the law.
Conclusion
The five examples above, 2.1.1 through 2.1.5, demonstrate that ihe City Council is justi-
fied in denying a license to GB Core Inc. under Section 310.06 (b) (6) c. of the City Code.
District Five Planning Council: Opposition to Granting Class N License to GB Core Inc. O/_� /
6
2.2 Building Without a Permit
We are aware of several exampies of construction being undertaken by GB Core at 500
Bush Ave. According to Section 310.06 (b) (11) of the City Code, changes to the
licensed premises without first having obtained the proper building permits from the City
are grounds for denial of a license.
(11) The licensee or applicant has materially changed or permitted a material change in the
design, construction or wnfiguration of the licensed premises without the prior approval of
the city council in the case of Class N licenses, the director in the case of Class T licenses,
and the inspector in the case of Class li licenses, or without first having obtained the proper
building permits from the city.
We are aware of several bui(ding projects:
• We know that the approach to the loading dock on Bush Ave. was excavated and
paved with concrete. (See photos in Section 8.)
• We know that window and door openings were made (and in one case, closed),
because;
- they are visible from outside the building (See photos in Section 8.)
- and because Mr. Berhow admitted to the activity at the August 17, 2000 Legis-
lative Hearing. (See Section 1, page 2, paragraph 7.)
We understand that work on the office area, inside the building, has taken place
because we were toid so by Christine Schweinler of L(EP. �s� ��< �, �„-� a-8, ���e -`' � l ��
• We suspect that furnace work has taken place because a furnace stood outside
the building for several days this past summer and oid furnace duct work was put
into the scrap metal dumpster. (See Section 8.)
• We are certain that substantiai changes to internal masonry structures was under-
taken because:
- neighbors witnessed signs of such work (a weekend of jack hammering, dust
blowing out a window, dumpsters filled will masonry).
- Mr. Berhow admitted to removing walis in his statement at the August 17 Leg-
islative Hearing. (See Section 1, page 2, paragraph 7.)
We understand that a buiiding permit had not been issued when ihis work was taking
place for these reasons:
• Mr. Berhow told us so at the August 17 Legislative Hearing. (See Section 1, page
3, paragraph 4.)
A building permit was finally sought on September 15, 2000, significantly after fhe
work described above had been started or finished. (See Section 2-7.)
We also argue that the fact that a building permit was eventually issued is, in and of itseif,
evidence that a buiiding permit was required.
District Five Planning Council: Oppasition to Granting Class N License to GB Core Ina �/_ fi7 /
� �
2.3 Careless and Illegal Handling of Hazardous Wastes
Observations at GB Core Inc.'s current operation at 500 Bush Ave indicate a pattern of
careless handling of hazardous wastes. We feei that such behavior is grovnds for denial
of the license under two provisions of the City Code.
2.3.1 Failure to Comply with a Proposed and Accepted License Conditiort
One of the conditions that LIEP has proposed for attachment to the license is conform-
ance to Ramsey County's rules and regulations for hazardous wastes. The iilegal dis-
posal that has been observed at 500 Bush is a violation of the law and the licensing
conditions, and ought to be considered grounds for denial.
310.06(b)(5) The licensee or applicant has failed to comply with any condition set forth in
the license, or set forth in the resoltttion granting or renewing the license.
Exampies are cited below, in Section 2.3.3.
2.3.2 Danger to the Public Health, Safety or Weifare
We contend that the instances cited below constitute a serious potential danger to the
pubiic and under section 310.06(b)(7) can be considered grounds for deniai of the
license.
(7) The activities of the licensee in the Iicensed activity created or have created a serious
danger to the public health, safety or welfare, or the licensee performs or has performed his
or her work or activity in an unsafe manner.
2.3.3 Examples
"Oil-Dri" and Fluorescent Lamps in the Dumpster
"Oil-Dri" is a trade name for a product that is used to soak up oil that has been spilled. It
is very much like cat litter. Our understanding is that once oil-dri has been used to soak
up crank case oil, the oil-dri must be treated with the same care that is required for crank
case oil. Fire Department inspector Sherry Wings mentioned this in an inspection report
from September 21, 1999. (See Section 2-4, point 7.)
It is illegai to put used motor oil in the trash. (See the Ramsey County web page print out
in Section 2-3.) ( PayZ �! � �
Fluorescent light tubes contain mercury and the disposal of such tubes is controlled by
law. It is illegal to put them in the trash. (See the Ramsey County web page print out in
Section2-3.) (�p�,�, ��>
District Five Planning Council: Opposition to Grenting Class N License to GB Core Inc. Q��^�
��
During ihe summer of 2000, oil-soaked Oil-Dri and broken fluorescent tubes were
observed in the trash dumpster at 500 Bush Ave. (See the photos in Section 2-2.)
We contend that such disposal is;
• iflegal under Ramsey County regulations, that
• it is Berhow's responsi6ility to be aware of such regulafions and to make sure thaf
his employees are aware of and comply with such regulations, that
• GB Core Inc.'s faiiure to d'+spose of these hazardous materials in a legal way is a
violation of County Rules and therefore a violation of a proposed and accepted
condition of the license and as such,
• is grounds for denial of the license under Section 310.06(b)(7} of the City Code.
Numerous Oil Spills
There is evidence of several oil spilis at 500 Bush Ave, a�l of which were observed during
the summer of 2000. We contend that the number of spilis are so great that they should
be characterized, not as accidental spills but rather as careless handling of hazardous
waste. (See fhe photos in Section 2-2.)
Irresponsible Storage of Oit Drums
On two occasions during the summer of 2000 neighbors have observed drums of used
motor oil standing outside of the building at 500 Bush. (See the phofos in Section 2-2.)
We see two serious concerns:
• The condition of the drums (oil pooled on top, oii running down the side, standing
on oil-soaked cardboard and on an oi!-soaked pallet) reveals work methods that
are not consistent with carefu( hand(ing of the oi(.
Leaving these barrels out of doors over night is an irresponsible act because mis-
chievous persons could turn them over.
Therefore, we contend that GB Core Inc.'s storage of oil drums, at least on these two
occasions, are exampies of careless handling of hazardous wastes.
Oil Spills by GB Core lnc. at Pierce-Butler Route Location
GB Core's careless handling of oiI is not a recent development. According to a fire
inspection carried out by Sherry Wings September 21, 1999 similar conditions prevailed
at GB Core's previous location at 893 Pierce-Butler Route. (See Section 2-4, points 7
and 14.)
} ` District Flve Planrting Councii: Opposition io Granting Class N License to GB Core Inc. Q I,�l�
� �
2.4 Paitern of Bad Faith and Dishonesty
We contend that our dealings with Glen Berhow have revealed a pattern of dishonesty of
such a serious degree that we believe it demonstrates that he is "not a person of the
good moral characfer or fitness required to engage in a ficensed activify, business or pro-
fession:' Mr. Berhow has, in our opinion, shown that he will lie whenever it seems useful,
and that he wiii comply with fhe law only if and when he is forced to do so.
310.06(b)(10) The...applicant has shown by past misconduct, or unfair acts or deal-
ings...that such licensee or applicant is not a person of the good moral character or fitness
required to engage in a licensed activity, business or profession.
2.4.t Misrepresented Need for Building Permit
At the August 17, 2000 Legislative Hearing Mr. Berhow stated that it was his understand-
ing that he did not need building permits for the work he was doing. However, our local
building inspector Jim West sent a letter on July 13, 2000, one month before the August
17, 2000 Legislative Hearing, informing Berhow that he did need a building permit. 8oth
the letters from Mr. Zangs (December 3 and 10, 1999) aferted Berhow to the need to
compiy with building codes. Furthermore, it is common knowledge that building permits
are required for nearly al( construcfion. We feei that fair minded people can and shou(d
conclude that Glen Berhow was lying when he told the hearing officer that it was his
understanding that no building permit was needed.
(See Section 2-5 for West's letter and Section 3 for Zangs' letters.)
2.4.2 Berhow Offers Fictitious Figures puring the Legislative Hearing
At the August 17, 2000 Legislative Hearing, Mr. Berhow testified that the engines arriving
at his operation at 500 Bush Ave. are nearly completely free of fluids. He stated that only
0.05% of the fluids normally found in an engine are present when they are detivered to
GB Core lnc. (See Section i, page 3, paragraph 3.) A simple exercise in arithmetic
demonstrates that this figure is preposterous. The foflowing chart shows the number of
engines that wouid be required to produce the quantities of oi! (4 drums, 220 gallons)
fhaf have aiready been observed at 500 Bush, if the engines arrive wifh only 0.05% of
fluids remaining.
District Five Planning Council: Opposition to Granting Class N License to GB Core Inc.
Eng. Capacity (quarts)
mulfip(y by .0005
Engines/quart
Engines/gallon
Engines! drum
Engines/4 drums
0.002
500
2,000
110,000
440,000
0.003
333
1,333
73,333
293,333
8
0.004
250
1,000
55,000
220,000
bl-q�
If Berhow's testimony is correct then he wouid need to process 440,000 engines with a
capacity of 4 quarts in order to accumulate the four barrels of oil observed outside his
business at 500 Bush Ave. Berhow has already testified that he has only a minimal oper-
ation. (See Secfion i, page 3, paragraph 6.)The figure (0.05%} does not agree with the
scale of operation that he claims, nor does it agree with the scale that has been
observed. The figure must be wrong. Either the engines arrive with much more oil in
them or GB Core Inc. has processed hundreds of thousands of engines at 500 Bush.
They have clearly not processed hundreds of thousands of engines. Therefore, the
amount of oil remaining in each engine must be far greater than 8erhow states,
Let us offer an expianation. The engines arrive with their crank cases full ot oil, 4 quarts
in most engines. The photos of the engine unloading process support this possibility.
(See Section 4.) Notice the trails of dripping oil on the pavement.) If this is the case,
only 200 engines would be needed to produce 4 barrels of oil. Two hundred engines are
consistent with the scale of operation that neighbors have observed at 500 Bush Ave.
Let us further speculate that Mr. Berhow feels a need to minimize the amount of hazard-
ous waste that his business produces. He had a motive to do so, of course, because he
wanted to promote the myth that he needed no Hazardous Waste Generator License.
Our explanation of the preposterous numbers is this. Feeling himself cornered at the
August 17, 2000 Legislative Hearing, Berhow simply fabricated a small number (0.05%)
in order to buttress the idea that he produces little or no waste. This interpretation is con-
sistent with anofher commenf from the hearing; "They (we] have four barrels, but fhey
[we] won't collect four barrels of fluids over a year's time." (See Section 1, page 3, para-
graph 3.) If the engines arrive with only 0.05% of fluids remaining it wou�d take many
years!
We contend that Glen Berhow has, in this instance, fabricated "facts", that he will con-
tinue to do so, and that he has not been honest in his dealings with the licensing authori-
ties. We conciude that he is "not a person of the good moral character or fitness required
to engage in a licensed activity...", and as such should be denied a license under Sec-
tion 310.06(b)(10) of the City Code.
Oistnct Five Planning Council: Opposition to Granting Ciass N License to GB Core inc. O/_� �
�
2.4.3 Unwiiling To Address Issues
Mr. Berhow's lack of credibility is exposed in the transcript of the August 17, 2000 Legis-
lative Hearing. When chailenged to explain the un-licensed operation, the illegai dis-
posa! of hazardous waste and buiiding withoui a permii, he chose instead to change the
subject. He preferred to tell the hearing officer that the building at 500 Bush was run
down, that it was going to look very nice when he was finished, and that his inventory is
computerized, that he bubble wraps, prioritizes and palletizes his product.
We are troubled by Mr. Berhow's retuctance to give direct and honest answers to the
central questions. It is clear that Berhow must evade discussion of certain matters
because such discussion wiil demonstrate that he has acted outside fhe law. We feel
that Berhow's evasiveness shows that he is "not a person of the good moral character or
fitness required to engage in a licensed activity....", and should be denied a license under
Section 310.06(b)(10) of the City Code.
2.4.4 Only Applies for Licenses When He Is Forced to Do So
Mr. Berhow's method of dealing with licenses seems clear. He will operate without them
if he can and he wiil get them only when he is forced to do so,
Berhow made his application for a business license on January 3 ot 2000, but only
after his empfoyees were discovered cufting up delivery trucks in November of
i 999 at 500 Bush Ave. (See Section � for the documentation.) As we have
shown, Berhow operated in the City of St. Pau! for 10 years without a business
license.
• Berhow applied tor a building permit in Sepiember of 2000, months after he was
informed about the requirement by (nspector Jim West, weeks affer he told fhe
August 17, 2000 Legislative Hearing he did not require one, and after Jim West's
letter ot 6 September 2000 which warned of legal action. (See Section 2-5.) (�a�e `��
• Berhow applied for a Ramsey County Hazardous Waste Generator License on
September 15, 2000, but only in response to a visit to 500 Bush Ave. by Mike
Cimaglio of Ramsey County. (See Secfion 7.) Berhow operated for 10 years
without a Hazardous Waste Generator License.
It seems fair to conclude that Mr. Berhow wou(d never have applied for the business
license, the waste generator license or the building permit if he had not been faced with
legal problems. We interpret this as contempt for the law and feel he "is not a person of
the good moral character or fitness required to engage in a licensed acfivity" and as such
can be denied a license under Section 310.06(b)(10) of the City Code.
2.4.5 Mid Northern Electric vs. GB Core
On September 3, 1999 Mid-Northern Electric Company filed a cfaim in conciliation court
in St. Paul in an attempt to get paid for $4200. in services performed for Glen Berhow
�o
' � Disfict Five Alaoning Council: Opposilion to Graniing Class N License fo GB Core )nc.
0�-9 f
and GB Core Inc. at 893 Pierce-Butler Route. According to Dennis L Wo(fe, president of
Mid-Northern Electric, Berhow offered to settle the account for $500. Berhow told Wolte
that since he (Berhow) lived out of state, Wolf wouid have little or no possibility of collect-
ing through the courts. Wo(fe decided nof to settie. The matter was referred to District
Court and there is currentiy a Writ of Attachment for the arrest of the president of G8
Core Inc. Unfortunately the writ erroneously names Glenn Core, not Glen Serhow, as
the person to be arrested.
We contend that Glen Berhow's behavior in this case constitutes a"past...unfair acY' and
under the provisions of Section 310.06(b)(10) of the City Code ihe City Counci! is justi-
fied in denying a license to GB Core Inc.
� � ' k: r)
�Se� S�ci�o,� L- � :or ctcc .,�r��?s iv. . .
,
2.4.6 Various Other Small Claims
A visit to the Wisconsin Circuit Court Access web page reveals that Glen E. 8erhow has
several other small claims filed against him. We do not know what role these records
may or may not play in this process, but we do know this:
5ome of the items seem to deal with matters that may reflect on Mr. Berhow's
character and his past dealings, and as such may appiy to Section 310.06(b}(i0}
of the Ciry Code.
• City Code states that the Cify Council may not consider information that was not
presented at this hearing.
For these two reasons we are including the listings from the Wisconsin Circuit Court
Access data base.
{ r
C - 5G� Mrr�Slr?.�� l(� ��C� ��`�� C�
3- (�n� �a�n�ee� - ��
1'I
� t � District Rve Planning Council: Opposition to Granting Class N License to GB Core Inc.
� �'q1
3.0 Conclusions
Because we were not able to afford legal representation, we had no choice bui to gather
this information and present it without the assistance of a lawyer. We respectfully
requesf fhe Administrative Law Judge to be understanding and accommodating in those
instances where our lack of legal expertise may have affected the process.
We feel that the materials and testimony we have provided show that Gfen Berhow is not
fit to operate in our community. We believe that the information is sufficient to overcome
the legal hurdles that the City of St. Paul must satisfy in order to deny Mr. Berhow's appli-
cation for a business license.
12
�, �♦ District Fve Planning Council: Opposition to G2nting Class N License to GB Core Inc.
0�-9�
Book of Evidence; Contents
Section Contents
1 Minutes of the Legislative Hearing of August 17, 2000
2 Complaint: Village of Howard vs. Glen Berhow and GB Core
3
4
5
6
7
8
2-1
2-2
2-3
2-4
2-5
2-6
2-7
2-8
Letters: Zangs to Berhow and Berhow to Zangs
Photos showing operations at 500 Bush Ave.
Application for business license.
Web page of core suppiiers
Application for hazardous waste generator license
Photos of construction projects
legal documents from Mid-Northern Electric vs. GB Core Inc.
Photos of hazardous waste
Ramsey county web page on hazardous waste
Fire safety inspection report, 893 Pierce Butier, Sept. 21, 1999
Letters from building inspector Jim West to Berhow
City Code, Sections 310.05 and 310.06
building permit
other letters
Separate Document: Wisconsin Circuit Court Access data base, records for Glen Ber-
how
13
06/27/O1 18:40 FA%
SEP-61-2000 11=55 City of Saint Paul
� oi
651 266 �74 P.02/BS
d 1
D9TNL7I'ES OF THE LECsISLATSVE HEARING
� (3B CORE, 7NC., S00 Bt� Aveaue
ThuzsdaY, August 2?, 2Q00
Room 330 Courthouse
GenY Suathmea, Legisfarive Hearing dfficer
STAFF PRESENT: Corinne Asunoion, Lieense, Ix�speetiaxss, EQVimnmentat Protection (,r.TRP),
7ohn Hardw'scty LIEP .
Themecting wav ca32� to orderat 2:�5 p,m.
�
GanY gtr�ri"^'^ �� this hearing is being held to heaz objections to the Iicense epplication far
CsB Core, Iac. aY S00 Bush Aveaue.
Corinae Asuncion ie�mrted tivs application is for a Recycliug ColIection Cencer Lioause.
I�ans £oz enviroamental heahb, fire, lioensing, and wning have all bcea approved. L1EP is
recommendiag sPPiaval af the &cense with tfie five conditions Listed below. which have been
signed by fIu applicant:
1) The co3leetion sud processing of perts for shigment shall be conducted inside the building.
2) The business o��fion at t6is lioensed paemise shall aot be in the *nA*+++�r of an auto
salvage use. '
3) e shai! be no exterior starage.
hand3inS sad sioraSe of vehicle Yl�ds, batteries, eEC. shall tx in accordance with the
RsmseY CountY Ha�ardaus Waste Regulfttions.
5) The dranpster must be stpred on the pmperty and not in the aLey, s�ee� or on the pvbiic
side.walk.
Ms. Asuncion s�ted she would like to add oae more condition becavse this bv-ri��Q is within
500 feet of residential properry. Tkis condition has not beea signed by t6c sPPlicant:
� The b»e+++�s houis of operation shall be from 7:00 am. to 7:60 p,m.
Atvice Sylvester, I3istrict 5 Planning Couneii, appeared snd stazed 6e aeut a lettar dated jviay 26
o�nl'^'n�o their conc�tns. The strongest case ha has;s tfie first concern. 1) Severay City staff
members have told him it is illegal to opatate in Saint Petil prior to being issued a license. This
is talcen directly from Ci1y code. 2) There has becn iilegal dispasa! of bszardous materials: oiI
aad fluoresccm bulbs an being thrown iurto a dumpster. 3) �me work laas been doae on the
buildivg withutrt permits- This is an industrie7ly zoixed site that is adjaceot to a resldentially
mnea azea. a> En¢��P ana auto parts ate freguenay lefr ovtsiae of the buila;ng.
A fina! point, ststed i�r. Sylvester, that is not mentioned in his letter is cansavction
debris-cnished oSnder blocks-scaitered on the public strect and alley outside the business. This
cen be a problem far tires. The pianning cauncil met once with the managcr on sita. Tlu�ough
those comersatians and because of th� conoems of the neighbors, the planaiug counci! voted tn
uot suppoit the Iicense.
�
�
06/27/O1 18:40 FA%
SEP-01-2000 11-56 City of Saint Paul 651 �66 8574
L$CTISLATNE HEARII�'Cr i�[7 tE3, CiB CORE, 500 BIJSH AYENLTE, &-17-00
- , r �.
�1-91
Pags 2
Tr4y Tmoien, 766 Burr Street, aPPGared and stated he objects w tHis &cense being issued
because of th.� he Las se� at 500 Bush A'venue. The peoRle aperating this business seem to
have wnfiempt for the environmenk laws, and regulations. {Mr_ Tmn�en P� P���P�
to Mr. Strat�man ix�dicating wfiere petrokvm produets had been spilIed. These photo�xaphers
wece also ahown to dte own�.)
Mt. Suathman asked why He pres�anes there is consfructian u3thout permits_ Mr. Tmoien
�P�ded he hss not seen penaits posted. Kristiae Schweinter (LIEP} was at the site,
established there was ao permit, and to2d them to etvp whsLever they vi�ere doing.
Autuasu 1999, sfsted Mr. Traoien, there was e Iot of activity aL 500 Bi;sh Avenue. He pneyames
that is when GH Core maved in. A lot of hvcks and activey appe� ��e gp�g of 2UOt1.
The 7ask Fpme was cpncerned about t�g noiae, and 3wurs of operation. lV2r, Trooien is
mostly #rpubisd by the pollut#on. Oi2 on the gcound will be there for a lon� t4rue. Also, Mr.
Tmoien received a call from Gten Berhow.
Mr. Strathman asked is it thea percEption that the way this busEness is being opuatcd is
disdnb9ng the neighborhood or that it will in the future dismrb the neighboihood, Mr, Trooien
respzmded he has seen some things that ate disturbiag to him. Ths alley was paved tast swnmer
and re-oiled a Scw weeks ago. Trucks with heavy loads and heavy euy.'aeq are deshnying the
allcy, w�ch is nof as bad as dumping, but sLill a concem Txaffiq noise, and bTockin� tBe road
are noi a pmblem because they are ehe wst of doing bus;n�s.
Glea Berhow, owner and presfdeat, and Jim 'i'arosh, attorney. aPPearea Mr. Berhow stated GB
� Core. Inc., is a Wisconsi.n besed corporation. They have a large opecation in Green BaY,
Wisconsiu where Yhere is a 40,ODU square foot building and 4 aeres of fenced yard. Everytheng is
done inside the building as ii will be done in Saint PauE_ The bvsiness t�as been in existepce
since 1487. They have leased a bnilding in Saint paul since ] 990. There was an operation on
Pennsylvania Aventse for ehout six yeazs. 'They lessed a buiIding az 893 Pierce Butler Route for
t� Y� w�� �pired ia October 1999.
]vlr. Berhow went on to say they are a growing company and were looldog at better 6usiness
decisioas aad decided to purchase a building at S00 Bush Avenne. It was p�xrchased on a land
conhaet de:il. Whtxt He firat lookod at the building, it was a mess, and thece wcre a Iot of Fegal
issues that werc defaulted oa. The buiiding was rented befoze it was pucchased in 7une, at which
Eime CiB Co�re took ownership. 'fhey have 6een cieaning it up. 7'he building has been us�d in a
minimai working operatian. t38 Core supplies useci eagines rmd campoaents to production
engine sebuilders acsoss th� Unitsd States. The optration in Sairrt Paul is a satellite operation:
a11 tbat is doae hcre is purchasit�g,
Mr. Berhow had a comersation with Troy Tzooien and tried to exp2ain ffie operation to Lim, Mr_
Berhow hss gone to the ex�r.mc cnd in trying to make this a t�eighborhood operation, but it wi11
��AP� o�� 1�use there ls too much work io do an the building. Ail he is doing with
the buiIding is cleaning it up, takmg down old walls thst arc already hatf kxwcked do
�
•
O6/27/O1 18:40 FA%
SEP-01-2080 11:56
G[ty of Saint Paul
f�j 03
651 266 �74 P.04i05
DI-�/
L�GISLATIVE �iG h�III�iUTE5, GB CORE, 500 B[35H AvENLTE, 8-17-00 Pagc 3
windows t1�at wetc 6oardecl ug �ooxs ibat axc not fun�tioneble. The fire marshai has been at the
buiPclmg mnrnhiY•
N3r. Straxhnxaa stated he is caaccrned ebovt the alle�tions of hs�tOUS mataials. Mr. Berhaw
responded that is nat acc�u�. Sheme Wings from ti� F'ue Dep�nent has bean these et least
ten timcs ;n the last few moaths. 'I'hey have dane all the things A�f s. Wivgs asked them to do.
7�is buiiding ptc�'iousiy looked so t�ad that it was a dumpiag gtound for matttessea. t�res, etc-
Their uaste management bmc has bean p� inside the huiFding because dumping is still e
pmblam.
r1
LJ
What are they doing witb ihe fluids frvm �9nes, eskcd 11�. Strathman. Mr_ Berhof zespon8ed
they hsve specially made 6enches. These engiaes are loaded onto a truck and axe sold ta t'iB
Care. ?hece mighc be .OS% of fluids from 100 engines; the amo�mt is that m�nsm�• 'I�t littte
bit is drained into a container as requested bY Ms. Wings. She �3so re4uested that the barsels
,�sed arE put un spxia3 pallets. They have four barrels, but they won't colleet four baxrols of
�1uic3s over a yeaz's time. Everyone lras tushed m conclusians. This lnrilding is under review by
the �tm departrttetrt and by the DNR (Dapac�aent ofNaturttl Resources).
Mr. Stra�An asked about the elaim that there was construction without gecmits. (Mr. S�how
explained Same of thc photogcaphs frntn Mr. Trooien) Mr. Berhow stated he talked to somnone
in LIfiP, explained wHat theY ace doing, and tt�at they were remnving thin�a from the buiiding.
I�e was toid by a ropresentrrtive from LT&P that as tong as things ara pta�exin+s, n�o and pre-framed,
he is not reqaired to have a permit becsuse theY are not changing anYthing.
Mr. Strathman asked atwut the add�tional conditlon rega�ing the hours. Mr. Berhof responded
the employees are usualty done by 4:00 p.m. 7:D0 wauid nevex he a probtem.
Mr. 'Ikooien asked is nc� bvsiaoss reeycling angiaes- Mr. Barhof responded theY have done a
minimal amowrt with the engincs or whataver.
Mr. Tiooien stated t�e counted five d�mmpsD�s af stuff goinQ oui He does aot think this is a tiny
opo�ation. Mr. Berhof responded GB Core is aot a t7ny operation: the s. �the 1 �have $?50,000 in
month. Those aze appioved rec�+eling bins. These are not jwdc en�ine " Y
iuvcaf�ory_ 'Whenthis business is xunning, theY maY be doing 5250,OOQ a weelc in purchases.
They run a clean op�ratioa in Green Bay, and it will be ao diffcre�R ia Saiat Paul. GB Core does
not look like an engine cac broker piace. Bveryt�iaff is shrink �PP�• PnOn��
computerized, atld on racidag.
He doos not think Mr. iierho£is tellin8 the 4uth, stated Mt.'Trooiece. The picKwes are takea from
a s�c moirth period. Ha has se� a pattern of sioppiness outside GB Ccm. 'I'here is x serious
operation going oa. Mr. Trooien is aat coacerned that they are compiRerized nor that ffiey do a
good business in Grccn Bay. Ratfier, fle is eoncemed abouE pofiution hc has seea eveeS'day for
� p� � a�orn3�s. ivir. Bcrhof is rxot addxessing this and it speaks m his veracity.
•
•
06/27/O1 18:40 FA%
SEP-01-�00 11�52
City of Saint Pau3
f(IJ 04
65i 2G6 8574 P.05/85
d f
LEGI3LATIVE HEARIi�IG MINrtJTES, GB CORE, Sl}D BUSii AVENL3E, 8-17-OQ Page 4
Mr. Sylvester ststod the bvsinass has acknowledged thcY are alxeaziY aPe�nB> which is a
violation of City code. The fact thst they are operating without a licease speaks valumes abaut
how they arc gaiag to mana�e thoir busiaess ta the benef i af Saint PauL He t�ed Mr.
Stcathmaa W take this iato considctalion
Mr. Berl�nf slaocd the atinimum amou� t�cy are tioinS is the �ansition ftorm tbe othcr buiIdia6 m
this l�uildiag. Tl�esa 8mt1�Qn aze descr't6in� th3ugs #hat hsve hagpeued ia the past. CTB Core is
going to make this a nice operation.
Mr. Stiadvna� statet4 he is tcovbled that GB Core is opecatiug wichout a licanse. Uafort�mauLY.
ttns happea�s witi� di.stw'binS �b`���3' ��e City. Operating'witho� a license is not in and of
itself a basis for denying a lice�se. 'Ihc coucern of the �ighbors is svbstantial, however, there is
a licrnse condition that tho businea% will ]�andlZ fluids applicable to CountY Tegulatioas. NL'•
Strathman does no4 see a basis for denying this licease.
Gerry Strathman ra�rnnmended approvat of this li � BPP� � B�hof � six cond�Uons as
fisted on PaSe 1- These conditions bave been aPP� Y
The mecting was adjotuncd at 2:38 p.m.
xzn
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TQTRL P.05
•
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STATE OF WISCONSIN
I• � '
I: ' _ �1.
BROWN COUNTY
� , t* ,:��; "``��`�.
a Wisconsin municipal corporation
2456 Glendale Avenue
P.O. Box 12207
Green Bay, Wisconsin, 54307-2207,
Plaintiff,
�
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" �� ��
2014 Glendale Avenue
Green Bay, Wisconsin 54304
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W..t �'. �i � .''� �..a. Y�RaYf16K`d9`IF
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Defendants.
COMPLAINT
CASE NO. 99 CV � S 7
Code No. 30704
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BROWN �COUNT Y y�y�
NOW COMES the plaintiff herein, the Village of Howazd, by its attorney, Dennis
M. Duffy, and as and for a Complaint against the above named defendants, respectfully alleging,
stating and showing to the Court as follows:
The Village of Howazd is a body cerporate aad politic, with the pewers »:.3
privileges of a municipal corporation at common law and as conferred by Wisconsin Statute and the
Village Hall is located 2456 Glendale Avenue, Green Bay, Wisconsin.
2. The defendant, Glen E. Berhow resides at 2530 Gemini Road, Green Bay,
�
Wisconsin, 54311; and ttus defendant owns real estate at 2014 Glendale Avenue in the Village of
Howard, Wisconsin which is legally described as follows:
��
;� �
� Lot 1 of Volume 24 Certified Survey Maps, Page 153, being part of Govemment Lot
3, Section 10, Township 24 North, Range 20 East, Village of Howazd, Brown
County, �sconsin, EXCEPTING TF�REFROM the following described premises:
Beginning at the Southeast corner of Lot 1, Volume 24 Certified Survey Maps, Page
153, Brown County Records; thence South 89° 19' 18" West, 50.00 feet along the
Northerly line of County Tiunk Highway ".P', also known as Glendale Avenue;
thence North 56° 14' 00" West, 109.94 feet to the Southwest comer of Volume 251
Deeds, Page 37, Brown County Records; thence South 83 ° 15' 17" East,150.00 feet
along the South line of said volume and page to the Westerly right-of-way of
Riverview Drive; thence South 10° 00' 19" West, 43.56 feet along said right-of-way
to the Southeast comer of Lot 1, Volume 24 Certified Survey Maps, Page 153,
Brown County Records, to the point of beginning.
ol
3. On information and belief, ffie defendant G.B. Core, Inc., a Wisconsin corporarion is
�
engaged in the business of purchasing automobiles far re-manufacturing automotive cores and auto
salvage storage, recycling and sales and this business is located at 2014 Glendale Avenue in the
Village of Howazd, Brown County, Wisconsin.
4. On information and belief, the defendant Glen E. Berhow is the principal shareholder
and owner of defendant G.B. Core, Inc., a Wisconsin corporation.
5. The pmperty locaied at 2014 Glendale Avenue in the Village of Howazd, Wisconsin, is
zoned General Industrial (I-1) wning classification and a junk and salvage business is a conditional
use within the General Industrial (I-i) zoning district, Section 17.12(3)(b) of Chapter 17, Village of
Howazd Zoning Code.
6. A junk or salvage yard is defined as follows in Section 17.02(84) of Chapter 17, Village
�
of Howard Zoning Code:
JUNK (SALVAGE YARD). An unenclosed azea where waste or
scrap materials are bought, sold, exchanged, stored, baled, packed,
disassembled or handied, inciuding, but not limited to, scrap iron and
other metais, paper, rags, tires and bottles. A`5unk yazd" or "satvage
yazd" includes an auto wrecking yazd, but does not include uses
�
. established entirely within enclosed buildings.
ol-R/
7. That on or about December 21, 1998 the defendant Glen Berhow made an application
for conditional use approval to allow a salvage yard to be located at 2014 Glendale Avenue, Village
of Howard, Wisconsin and a copy of that application is attached hereto and made part of this
Complaint as Exhibit A.
8. Following a public hearing by the Village of Howazd Plan Commission on the defendant
Glen E. Berhow's request for a conditional use on January 18, 1999 the Plan Commission made
Findings and Recommendation for denial of this request and a copy of the Plan Commission Staff
Report regarding action by the Village of Howazd Plan Commission is attached hereto and made part
of this Complaint as Exhibit B.
9. On 7anuary 25,1999 the Village Board of the Village af Howazd denied the conditional
• use for G.B. Core for a salvage yazd operation at 2014 Glendale Avenue, VH-353, in the Village of
Howard, Wisconsin.
10. Soon thereafter, in spite of the denial of a conditional use pernut, the defendant
transported or had hansported to its premises approximately ten (10) trucks which were dismantled
and scrap materials therefrom inciuding but not limited to metals, tires and velucle parts were stored
in an unenclosed area. In addilion, the defendant's conducted an outside smeiting operation on the
premises for processing metals and other salvage materials from the motor vehicles and said
operarion constitutes a junk or salvage yazd within the meaning of Section 17.02(84) of the Zoning
Code for the Village of Howard.
11. Sec. 62.23, Stats., defines the Village ofHoward's Zoning and enforcement authority.
• 12. The Zoning Ordinances for the Village of Howazd have been enacted pursuant to
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� authority of Sec. 62.23, Stafs., wluch provides that "any ordinance, resolution or regulation enacted
or adopted under this section, shall be liberally construed in favor of ffie city." Sec. 62.23('�(a),
Stats.
13. The Village of Howard has the authority, pursuant to Sec. 62.23(7}(�2 and Sec.
62.23(8), Stats., to enforce the Zoning Ordinances it has established, which govern the uses to which
properry within its boundaries may be put.
14. Sec. 62.23(7)(�2 gives the Village of Howazd the authority to insritute appmpriate legal
action to prevent the unlawful use of land in violarion of any duly made ordinance, "to restrain,
correct or abate such violation," or "to prevent any illegal act, conduct, business or use in or about
such premises."
15. Sec. 62.23(8), Stats., give the Village of Howazd the authority, if "any land is or is
• proposed to be used in violation of this section or regularions adopted pursuant thereto" and "in
addirion to other remedies provided by law, [to] institute injunction, mandamus, abatement or any
other appropriate action or proceeding to prevent or enjoin or abate or remove such unlawful
erection, construction or reconstruction."
COUNTI
[ENGAGING IN A CONDTI'ION AL USE WITHOUT A PER7�iiT]
16. Plainriff repeats and realleges all preceding allegations.
17. That attached to this Complaint and made part hereof is Eachibit C as though fully set
forth in the Complaint is a Noncompliance Norice issued by the Village of Howazd Department of
Code Administration to the defendant Glen E. Berhow dated Mazch 17, 1999 which sets forth all of
• the violations for the property located at 2014 Glendale Avenue in the Village of Howazd, including
4
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• but not limited to allegations pertaining to review of remodeling plans by the State Depariment of
Commerce, submittal of a Parldng Site Plan, salvage, storage, and screening of salvage and storage
violations and continued salvage yazd operations.
18. Ttiat after repeated demands by Village Officials the defendants have failed and refused
to cease salvage yard operarions and the storage of salvage materials in an unenclosed area at the
premises at 2014 Glendale Avenue.
19. A permit is required before any party is allowed to conduct a conditional use and the
defendant Glen E. Berhow's application for a conditional use permit to operate a junk yard or
salvage yazd has been denied.
20. The defendanYs current activity at its business preauses to-wit: the outside disassembly
of motor velucles and the unenclosed storage of salvage materials from said vehicles is in violation
• of the regulations established for the General Industrial zoning classificarion within which the
business is situated because it is not a permitted use and no conditional use permit has been issued.
21. The defendanYs activity thereFore constitutes an illegal use of the premises and a
continuing violation ofthe Village ofHoward Zoning Code and the Village ofHoward seeks to have
that activity enjoined.
COUIHT II
jOCCUPYING A BUILDING WITHOUT AN OCCi1PANCY CERTIFICATE]
22. Plaintiffrepeats and realleges all preceding allegations.
23. On information and belief, the defendant Glen E. Berhow in 1992 submitted Plans to
the State of Wisconsin for remodeling and improvements to the building located at 2014 Glendale
� Avenue in the Village of Howard, Wisconsin.
5
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• 24. That attached to 8us Complaint and made part hereof is Exhibit D as though fuI1y set
farth in the Complaint is a Noncompliance I3otice issued by the Village of Howazd Department of
Code Enforcement to the defendant Glen E. Berhow dated February 15, 1999 wluch sets forth all
ofthe violations for the property locateci at 2014 Glendale Avenue in the Village of Howazd inciuded
but not limited to allegations pertaining to review of remodeling plans by the State Department of
Commerce, submittal of a Pazldng Site Plan and occupancy of a portion of the building without an
occupancy certificate.
25. That attached to this Complaint and made part hereof is Buhibit E as though fully set
forth in the Complaint is correspondence from the Wisconsin Department of Commerce to the
defendants dated February 22, 1999 conceming Depazkment Enforcement Orders concerning
violarions at 2014 Glendale Avenue and a copy of an Inspecfion Report and Orders dated April 25,
. 1996 and October 12, 1994 are fiuther attached as Exlribit E.
26. That after repeated demands by Village Officials and State Officials the defendants
have failed and refused to obtain necessary plan apprnovals, permits and complete the necessary work
to comply with the State Laws and the Village of Howard Building Code.
27. That the defendant's alteration and continued use and operation of the building at 2014
Crlendale Avenue while the building fails to meet and comply with Orders from the State of
Wisconsin Department of Commerce and the Village of Howard Building Code without an
occupancy certificate for the building constitutes an unlawful building, structures and uses pursuant
to Section 14.07 of the Building Code and fiuther represents a continuous and ongoing violation of
the Village of Howard Building Code.
U
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• VVfIEREFORE, the Plainriff, Village of Howazd, requests judgment against the
defendants as follows:
(a) Pursuant to Sec. 25.04 of the Village of Howard Municipal Code, judgment in the
amount of Five Hundred Dollars ($500.00) per day for each day of the foregoing violations of the
Village ofHoward Zoning Code and the Village of Howard Building Code.
(b) An Order enjouung the defendants from the continuing the unlawful use of the
premises to-wit: requiring the immediate removal of all junk and saivage materials including but not
limited to any and a11 motor vehicle parts, pieces and tires and other similaz types of material,
currently stored in an unenclosed area on the defendants' premises, permanently enjoining the
defendants from storing in an unenclosed azea on the premises any junk and salvage materials
� including but not limited to any and all motor vehicle parts, pieces and tires and other similaz types
of material currently stored in an unenclosed area of the defendants' premises.
(c) An Order requiring the defendants to comply with the Orders and correct those
violations from the State of Wisconsin Department of Commerce and the Village of Howazd
Building Code such that the building can be lawfully occupied and used and an Order enjoining the
defendants from continuing the unlawful use and occupancy of the buiiding at 2014 Glendale
Avenue until such time that the defendants have obtained an occupancy certificate for an authorized
use of the building from the Village of Aowazd Department of Code Enforcement.
� (d) For statutory costs and attomey fees; and
7
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• (e) For such other relief as the Court deems just and equitable given the
circumstances of this case.
Dated this � day of May, 1999.
�
716 Pine Street
• P.O. Box 4$8
Green Bay, WI 54305-0488
(414)432-4391
�
PETERSON, WIETING, CALEWARTS,
DUFFY & MAXWELL
Denifis M. Duffy
State Bar No. 101
[3
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1 �1
STATE OF WISCONSIN
VII,LAGE OF HOWARD,
a Wisconsin municipal wzporarion
2456 Glendate Avenue
P.O. Box 12207
Green Bay, Wisconsin, 54307-2207,
BROWN COUNTY
i�UTt�tENT{CA'f'ED CQPY
FilED
JAN 1 1 2000
rlaintiff,
��
G.B. CORE, INC.
2014 Glendale Avenue
Green Bay, Wisconsin 54304
PAUL G. JANQUART
CLERK OF COURTS
BROWN CpUNTI; W1
CASE NO. 99 CV 657
Code No. 30704
m
u
GLEN E. BERHOW
2530 Gemini Road
Green Bay, Wisconsin 54311,
Defendants.
STIPULATION OF DISMISSAL
It is hereby stipulated by and between the plaintiff and the defendants herein, and their
respective attorneys, that the Court may enter the annexed Order forthwith, without a hearing, and
without further notice to either party.
Dated this 1 1 day of January, 2000.
WIETING, CALEWARTS,
& MAXWELL
Dennis I�f. Duffy, Atto
State Baz No. 1017895
•
METZLER & HAGER, S.C.
C l�-�,.�P .� �
Ronald F. Metzier, Attomey r Defendants
State Bar No. 1010044
CIRCUIT COURT
BRAI3CH 8
\ • '
�
vs.
t�l��l
STATE OF WISCONSIN
VII,LAGE OF HOWARD,
a Wisconsin municipal corporarion
2456 Glendale Avenue
P.O. Box 12207
Green Bay, Wisconsin, 54307-2207,
Plaintiff,
G.B. CORE, INC.
2014 Glendale Avenue
Green Bay, Wisconsin 54304
CIRCLTIT COURT
BRANCH 8
BROWN COUNTY
CASE NO. 99 CV 657
Code No. 30704
�
•
GLEN E. BERHOW
2530 Gemini Road
Green Bay, Wisconsin 54311,
Defendants.
��� '
Upon the annexed stipulation, and the CourC being fully advised in the premises,
IT IS ORDERED AS FOLLOWS:
•
1
2.
The Complaint is hereby dismissed without costs to either party.
The Aefendants, G.B. Core, Inc. and Glen E. Berhow, or anyone acting by, through or
on behalf of them including agents or employees of them and their heirs, successors and assigns, be
and they are hereby petpetually enjoined and restrained from and after January 11, 2000 from using
the property at 2014 Glendale Avenue, Village of Howard, Brown County, Wisconsin which is
legally described as Lot 1, Volume 24, Certified Survey Maps, Page 153 for any use or occupancy
that is contrary to the following:
. ��
. . o�-q/
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�
A.
B.
C.
D.
No stripping or disassembly of vehicles.
No outside storage of inoperable or unlicensed vehicles.
All outside storage of finished products shall be on pallets with shrink wrap,
on pallets, or in confainers.
IT IS FURTF�R ORDERED that on or before April l, 2000 the Defendants shall have:
No smelting or melting of inetal operations.
A. Completed ail improvements called for in the Wisconsin Depaztrnent of
Commerce Approved Plans for the building at 2014 Glendale Avenue,
Viliage of Ho��ard, Bro�vn Ceunty, Wiscor.sin; an3
B. Obtained an occupancy permit for the premises at 2014 Glendale Avenue,
Village of Howazd, Brown County, Wisconsin, from the Village of Howazd
Department of Code Enforcement.
.
�
Prior to the Village of Howard commencing Circuit Court proceedings to enforce the
provisions of this Order the Village shall give ten (1Q) days' nofice of any violation to the Defendant
Mr. Glen E. Berhow.
5. Any violation of the provisions of this Order shall also be construed as violations of the
Village ofHoward Murucipal Code and shall be subject to a forfeiture for each day a violation exists.
6. The Court will retain continuing jurisdiction for the purpose of compiiance with this
Order and any fiuther proceedings with regazd to contempt of Court, sanctions or forfeitures for any
violations of the provisions of this Order.
Dated at Green Bay, Wisconsin this �( day of January, 2000.
BY THE COURT:
_ /S/
onorabie William M. Atkinson
Circuit Court Judge
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CITY OF SANT PAUL
b`orm Coleman, dfmjor
*`� 3L>s.a`��_m ��
Gfen Berhow
G.B. Corp., Inc.
2014 Glendale Ave.
P.O. Box 906
Green Bay Wi. 54305
OFFICE OF L(CE\SF, I\SPECTIO�S A�D
E�'ViRO�:�fEi1TAL PROTECTIO�
P.ober� Kessfrr, �i�rcm�
1�Q
LOiYR7"PROFESS(0.�:4L BL7LD1.�"G
Suire 300
350 St. Pr�er Street
Saint Paul, bfinnzso[a 5�l0?-I�lO
Te [epharse: 6� I-266-9090
Fotsimilr; 657-366-9099
651-266-9I21
s�E'�1
�Ys� -
� ,r{�l�E �' 1'Z
RE: 500 Bush Avenue - Existing Warehouse Building in (-1 (ndustrial Zoning District.
Mr. Berhow:
I received your letter, dated December 3rtl 1999, explaining the nature of your business
proposed for the property referenced above. 7his office understands, based on your
explanation, that you will be receiving engines, transmissions and catalytic converters at this
locaiion and that your business operation does not include the removal of the parts from a
vehicie (ie. auto salvage), but rather, the coilection of these salvage items. It is further our
understanding that the only processes perform on these parts, once received, are ensuring
they are drained of any fluids, invoicing the individual part and preparing it for shipment back to
your headquarters in Green Bay.
The operation, as you describe it, appears similar to a shippinglreceiving wholesale operat+on
Nihich is a permitted use in the I-1 industrial zoning district. The change in use from warehouse
to whofesaling does not require any additionaf off-street parking per the City's zoning
ordinance. Therefore, zoning has no objection to this proposed use provided you obtain a
business license for a Recycling Collection Center. i have enclosed the license appiication.
Please complete this application and return it along with the license fee of $i64. 00, to this
oFice. The processing time for this license request, because of notification requirements
mandated by city ordinance, can take between 45 to 60 days. You cannot start your business
until this license is issued. We will do what we can to expedite but we need you to complete
the application, to begin the process.
You will aiso need to satisfy any requirements of the State Building Code and Fire and Safety
Code for fhe proposed change in occupancy of the buiiding.
Caif ine with questions at 6511266-9083.
�, �.
+� ll{,��ZEyLC� (�
' Lawrence R. Zangs
Zoning Administration
SOCbus wpd
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•
CITY OF S�T PAUL
No'm Coleman, Mayor
a�. - ` y Y; - ��� i .l4 "s ^;.Sa:{: �.
Glen Berhow
G.B. Corp., Inc. .
2014 Glendale Ave.
P.O. Box 906
Green Bay Wl. 54305
RE: 500 Bush Avenue
Mr. Berhow:
OFFICE OF LICENSE, NSPECTIONS A.v'D
E.WIROl^.SE��I'I'AL PROTECT[OY
RoberlKessler, Director /
�!
LOTYRYPROFESSIONdL BUILDI.VG
Sui1e 300
35D SL PeterSb'eet
SaintPaul, �Lfinnesota 55102-Ii10
Telephone: 651-266-9090
Facsimile: 65l-266-9099
651-266-9125
We had r a• u `� ��} he referenced property. 1 inspected the property on
Tuesday, ovember 30'". As I drove up to the property, I observed tfiree males in the process
of cutting up delivery vans. 1 spoke to a Fred Gonzafes who indicated he was the foreman on
the job. He stated that he worked for your company and explained that they were cutting up
these vehicles as part of a contract to saivage the metai and reusable parts. I explained to Mr.
Gonzales that this property is zoned I-1 industriai and auto salvage is not permitted in this
district. 1 did aliow him to compiete the salvaging operation of the vehicies observed on ihe site
but told him that once this was completed, no additional activity is allowed in the building or
surrounding property until the zoning, licensing and building re-certification issues are
resolved. i told him I would be back today to verify compiiance with my orders. .
Per our phone conversation today, you have exp{ained that what 4 observed on Tuesday was a
one time deal and that it wouid not be occurring on the property again. You further explained
that your regular business involves receiving used engine parts from various vendors. You
prepare these engines for shipment to your headquarters in Green Bay where they are resold.
I requested that you submit a written description of your business so that this office can
determine if the praposed use of the building complies with the zoning for the property. You
stated you would do that. Assuming the zoning issue can be resolved, it is anticipated that you
wili need a business license and wi11 need to satisfy building and fire safety code requirements.
Because of the notificafion requirements of our ordinance, the length of time to process a
license is approximately 45 days. You cannot operate your business until the license is issued.
I would urge you to get this letter to me as soon as possible so that we can expedite resolution
of this matter.
Call me with questions at 651/266-9083.
Lawrence R. Zangs
Zoning Administration
500bush.wpd
�
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�
December 3, 1999
License Inspection Environmental Protection
Mr. Lawrence Zangs
350 St. Peter Street, Suite 300
St. Paul, MN 55102
Larry;
Per our phone conversation, I am enclosing this letter per your request.
�
Supplie� c `
Engines and Transmissior,�
for Remartufactu�inc
��
With the intent and purchase aa eement at 500 Bush Avenue in St. Paul, I would like to reiterate
the type of operation we have at G. B. Core, Inc. Xou have stated the zoning is I l, which
includes Warehousing, Industrial Mfg., and Recycling. We are in no way a salva�e operation. -
All of our products are engines, tran,missions, and cata(ytic converters. We buy these selectively
from a computerized-technicat 6uy guide, which we pub(ish monthly to our independent
suppliers. All we do at our warehouse is a check-in, inspection, and invoicina procedure. The
only toois we use are air compressors, air tools, and a forklift. The product is only soRed and
warehoused until we get a full trailer load, and then it is shipped back to our main operation in
Green Bay, WI.
We stock 6000 to 7000 ena nes here on a fully computerized system, and ship all across the U.S.
to very large engine re-manufacturing companies. We also export to many countries.
We, in no way, salva�e items. Everything is purchased selectively. Our average month in St.
Paul will consist of $100,000 plus in product purchases.
The Frito Lay truck deal was a one time deal, and as you will see, we run a very organized, clean,
and professional operation.
We've been in business for over 12 years, and have about 14 employees beriveen the 2 divisions.
Thank you for your attention and consideration. If you have any questions, please contact me at
1-800-456-8652.
Sincerely�
�CL�t��t���
Glen E. Berhow, President
G. B. Core, Inc.
.
P. S. We have completed the titlz insurance, Phase I study, and as of yesterday we do have the
occupancy permit.
`ER •
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' _ ��i..
ENGINERB6UItCIERS
i.
(920) 434-6820 Fax (920) 434-6821 1-800-456-8652 2014 Glendale Avenue P.O. Box 906 Green Bay, �^JI 54305
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•
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CLASS N
LICENSE APPLTCATION
• THIS APPLICATION IS SUBJECT TO REVIE�V BY THE PUBLIC
PLEASE TYPE OR PRPIT IN IV'K
CITY OF SAIDIT PAUL
O:tice of License, Inspecdor.;
and Environmencal Protection
35) 5� Pav Sti Svnc J00
Svm Paui. W onezcn 5510?
(651)=66-9090 f.vi(6511=b6-9:_�
LICEISES ARE �iOT TRAitiSFER•:BLE
P�YbIENT �ILiST BE RECETVED �VITH EACH APPLIC9TI0\
Type of License(s) bein� applied for. �CLG l/ C� 1 KG� L!j t l �CC�I J"Yr � vt7Yt� 5 i�Q ��`�
—r
Projected date of opening __
CompanyNamz: LJ��3�
C
ZE
ora[ion Parmzrship / Solt Propriztorship
•
If business is incorpora[ed, give date of incorporation: I C 1 v�
BusinessDlame{DBA): � BusinzssPhonz:iv�� 17�1�3--��
Business Addrzss (business location): S� ��'� �� ��� ` �� � i rv�N S S� ��
S[rezt(R,Namz,Typz,Direction) Ciry Statz Zip—�
Benceen what cross streets is the business ]ocated'. �Vhic side o£ he street.
Ate the premises now occupizd? �� �Vhat Type of Bu GL��� SCl �I. �� G1,1 G�]� �
Mai] To Address (if different than businzss address): 1'i� ,'w X �� G{ �� �� ���'�
Strztt (K, Namz, Typz, Dirtction) Ciry Stare Zip-4
Applicant Information: l 1„ L ,� �v-' �V�?6 �1�
Name and Title: ���X �eS �� i'fi
Fvst � ,Yliddlz (b(aiden) Last T¢Iz
Homz Address: _ _Z �� �< t ( �/1 1 �Q('�� �
S[rezt (�, Name, Type, Direcnon) L Ciry Sta[ i 4
Datz of Birth: ( Z- IS — S� Place of Birth: ��� Ct �'1 �1'>Gt Home Phone: {�� ��� -���
Have you ever been convicted of any felony, crime or violation of any city ordinance other than naffic? YES _ NO X
Date of arrest:
Charge: _
Conviction:
List licenses �chich you currenfly hold, formedy held, or may have an inrerest in:
�,�,CO�ZE��ivC �� a C�isCatn��� I�G���I C�ti�
Ha�e any of the above named liceases ever been revoked'? YES X NO If yes, list the dates and reasons for revocation:
Ace ou � to operate this business personalty? YES NO If not, who will operate it? �S/I Gt d't Gt i� cy�
�'ecl �l'1 `�G��E' �
Firs; Namz htiddlz lnitiai (Maiden) Last Date of Bir,'n
Home Address�
CiJe�� Caw`�%i� ,�
Stree[ (m, Name, Typt, Direc[ion)
Arz you ¢oing to have a manager or assistant in this business?
opzrator, plzase complztz the following information:
� FirWame
Middle Ininal
Homt Address� Streec (�, Nama, Pypt, Direction)
Where?
Sentence:
� �'��V�
Ciry
__ _ YES
(biaiden)
Ciry
S[ate Zip�3 PhoneFumbc; �
\O If the mana�er is not the same as tne
Last Datt ot Bv�n
( �
Stam Z�p+; phona M1umber
09/01/1999
Please ]ist your employmert[ history for the previous five (5) year period:
Business/Emolovment
Address
O 1 'q�
List all other officers of the corporation:
OFFICER TITLE HOME
NAV1E (pf£ce Held) ADDRESS
(�.Q tn E� �e v�G�c� � Pres ��etit �-
HOME
PHO�IE
2�'� (;Pt� Ivl I I�CC(�
�' �kt (/I , C�
BUSINESS
PKOVE
If business is a partnership, p]ease include the foilowing information for each partner (use additional pa�es if necessary):
.,��.ivarne �(iddle[aitial
Humr Address: Street (T, \ame. 7ype, Dfrection)
FirstName h]iddlelnitia!
Home Address: Street (R, Name, Type, DirectioN
Ciry $tate
Ciry 5[are
Last
Cast
DATE OF
BIRTH
Date
-S
of Bvth
Numbtr
M[NNESOTA TAX IDEYTIFICATIO�I NL1�B ER - Pursuant to the Laws o£Minnesota,1934, Chapter 502, Article 8, Section 2(270.72
(Tas Clearance; Issuance of Licenses), licensing authorities are required to provide to [he Sta[e of Slinnesota Commissioner of Revenue�
the Mianesota business tax identification number and the social security number of each license applicant.
Under the Minnesota Govemment Data Practices Act and the Federal Privacy Act of 1974, we are required to advise you of the following
regardin� ihe use of [he Minnesota Tax IdentiFication Number.
-This infonnation rnay be used to deny the issuance or renewal ofyour license in the ecent you owe Minnesota sales, employ er's
withholding or motor vehicle excise taxes;
- Upon receivin� this infomta[ioa, the licensin� authority wi1( supply it only to the Minnesota Department of Revenue. However,
under the Federal Eschange of Information Agreement, the Department of Revenue may supply this infoimation to the In[emal
Revenue Service.
NIinnesota Tax Iden[ification Numbers (Sales 8 Use Tax Number) may be obtained from [he State of Minnesota, Business Records
Department, 10 River Park Plaza (612_Z96-6181 .
_,__ -- ) ---
—� — � - ---
----
A'tiaazsota Tax iuznti6cation Numoer:
1L1 If a Minnesota Tax Identi£tcation Number is not required for the business bein� operated, indicate so by placin� an "X" in [hz boc.
CERTIFICATIOV OF WORKERS' CO�IPENSATION COVERAGE PURSUANT TO MI�ESOTA STANTE 176.182
I hereby ceRify that I, or my company, am in compliance with the workers' compensation insurance covera�e nquirements oft�Iinnesota
Statute 176.132, sabdivision 2. I a[so understand that provision oFfalse infonnation in this ceRification constitutes sufficient grounds for
ad� erse action a�ainst a(I license / held, indudi�n revocation and suspension of said licens
Kame of Insurance Company: VC( �� t 0� 1� U7 (� i� ��0 � ��� � 1 � �S . f - n�CV� ��l 1 �(57'Z'� Gl CI �
PofityNumber:_ �'�� �Z7� g—Qf Fi7lCrOG���
Covera�e from _ Z�� to Z(� �
I have no employees covered undzr workers' compensa[ion insurance -
(PIITIALS)
•
09; 0 V I 999
Please iist your empLoymenf history� for the previous five (5) year period:
Business�'Emolovment Address
•
_ List alI other officers of the cocporacion:
OFFICER TITLE
�' (OfficeHzld)
G�(.e �� E �,� �-�,c� � (�r��s
HO�IE HO�fE
ADDRESS PHO`E
�cti��" 2530 L 1�'ccr�(
'V
31
DATE Oi-
BIRTH
)
fl-I�—S"
If business is a par[nership, pleasz includz the foltowin� informztion for each par[nzr (use additional pa�es if necessary):
Humc
hliddle
Strezt (�, Name, 7ype, Direcnon)
fniti�l
BliS[\ESS
PHO\E
Scacz
D!
OI 6
Phor.t humbtr
`•" La;c Date ot B�rch
Homz Address: Street (�, h'amz, Typt, Direction) )
GN State ZiP'� Phone \um6u
Firsc
vIi\�ESOTA TAX IDENTIFICATIO V\U�fBER- Pursuant to the La�cs ofi�finnesota, 195�, Chaptzr �02, Article 3, Szction? (270.72)
• (Tax Clearance; Issuance of Licenses), licensing authorities are required to provide to the State of �finnesota Commissioner of Revznue,
the Minnzsota business tax identification numbzr and thz socia! security number of each license appiicant.
Under thz htinnesota Govemment Data Practices Act and the Fedzral Privacy Act of 197�, we arz rzquired ro advise you of Ihz follo�cino
regardin� the use of the Mmnesota Tax Identification Number:
-This informatiom m�y be used to deny the issuance or renewal ofyour license in the event you owe Minnesota sales, employer's
�vithholding or motor vehicle escise taxes;
- Upon receivin� this in formatioq the licensin� authority will supply it only to thz �4 innzsota Dzpartment of Revenue. Ho�veaer,
under the Federal Eschange of InFormation Agrezment, the Department of Revenue may supply this information to �lie Intzmal
Revenue Service.
Minnesota Tas Identification Numbers (Sales & Use Tas Number) may be obtained from the State of �finnesota, Business Records
Departmznt, 10 River Park Plaza (612-296-6131).
�finntso.a Tas identification Numozr.
� If a Minneso[a Tas Identification Number is not required for [he business bein� opzrated, indicate so by placin� an "a" in the 6or.
CERTIFICATIO� OF lb'ORK6RS' CO�IPENSATION COVERAGE PURSUAhTTO `1[�I\ESOTA STATUTE t76.132
I hereby ceRify that I, ar my company, am in compliance «ith the icorkers' compensation insurance co� zra�e requiremznts of btinnzsota
Statute U6.132, subdivision 2. I also understand that pro�'ision of false information in this certificztion constiNtzs sufficiznt �rounds for
adverse action agamst all license r held, includine revocation and suspension of said liczns
\amzoflnsuranceCompany: VCj�t�ll T�1) �"1 C li�� ������Cit�l� �S'� n(CV� �ll�Ul7�G1U-�
�
Po�,� i.U— OZ�� f g (�i� ��-{'Ylt�C
Coverage from Z�Cn to Z� �
I hasz no employees covered under «orkers' compznsation insurance
([�[TIALS)
09 01�199�J
A\Y FAL5IFICATIO� OF A\S��'ERS GIVEti OR DI�TERIAL SliB�IITTED
�VILL RESULT 1� DENI.�I, OF THIS APPLICATIO\ Q�— g/
✓
I hereby state that I have answered all of the preceding questions, and that the infotmation contained herzin is true and coaect to the bz;t
o f my knowled�e aad belief. I hereby sta[e fucther Ihat i have received no money or other considecation, by way of loan, gift, contribution,
� or o[henvise, other than already disclosed in the application which I herewith submitted. I also understand this premise may be inspected
by police, fire, heal[h and other city officials at any and all times w�hen the business is in operation.
> �,�.t%� � �C (\ � � L �
Signature (REQUIRED for all apptications)
Prefeaed methods of eommunica[ion from this office (plzase tank in ocdzr of -"L" is most prefzrczd}:
x Phone Number with area code: (�� ) �� � b�� Extension
(Circle the type of phonz number you have listzd abo�'z: usmess Home Cell Fax
2�
Phonz Number with area code: L ) Extznsion
(Circle the type of phonz number you have listzd above: Business Home Cell Fax
Mail: �� �. ���CX �(Sn ��ZElit %�IZL1 ��
Strez[ (�, Name, Typz, Direcnon)
Intemet
Address
�Ve rvitt accept pa}'ment by cash, check (made payable to City oE Saint Paul) or credit card (DlasterCard or Visa).
Z�p-1
IF PAYING BY CREDIT CARD PLEASE CO,bfPLETE THE FOLLO L�Ii\'G INF02iL4TlON: � MasterCard � �"i>a
EXPIRATIO� DATE:
� ❑�/�❑
-�.4�::,..
Yamc of Cardholder (pleasz
•
ACCOIJ\'T NUMBER:
■■■■ ■■■■ ■■■■ ■■■�
of Card
all
Datz
**\ ote: If this application is Food �Liquor related, please contact a City o f Saint Paul Health Inspector, Steve Olson (266-9139), to rzvie�v
plans.
If any substantial chan�es to shucture are anticipated, please contact a Ciry of Saint Paul Plan Examiner at 266-9007 to apply
Por building permits.
If chzre ace any changes io the packin� loc, floor space, oc for new opecations, please eontacc a City of Saint Paul Zonin� Ir.spectoc
at266-9003.
All applications require the following documents. Please attach these documents when submitting your application:
1. A detaited dzscription of the desi�n, location and square foota�e of the premises to be licensed (site plan).
The followin� data should be on the site plan (preferably on an 8%i' x 11" or 8%z" x 14" paper):
- Name, address, and phone number.
-'Ihe scalz should be stated such as 1" = 20'. ^N should bz indicated toward the top.
- Placemznt of all pertinznt features of the intzrioc of the licensed faciliry such as seatin� areas, kitchens, offices, rzpair arza,
parking, rest rooms, etc.
- If a requzst is £or an addition or expansion of the licensed facility, indicate both thz currzn[ azea and thz proposed expaasion.
2. A eopy of youc Izase agreement or proof of o«necship of the property.
SPECIFiC LICENSE APPLICATIO\S REQUIRE ADDITIOVAL I�iFOR��IATIOi�T.
PLEASE SEE REVERSE FOR DETATLS >>»
Pa�er
Pa�er
09/01/1999
If applying for,
ot ,
Cabaret adult, pleue attach written proof that each emptoyee is at (east 18 years old.
Conversation/Rap parlor adult, please attach written proof that each emptoyee is at least 18 years old.
Enfertainment, please specify class A, B, or C license; obtain and attach sigaatures of approcat from 90% ofyour nei�hbors w(ch�n�
350 feet of the establishment. Ttiis license must be appiied for in conjunction with a Liquor, tiVine, Malt On Sa1z or RentaLDance
Hall license.
Firearms, please attach a letter with the following infotmation: state if selling or only repairing, Federal Ftrearms License \'umber,
type ofArmed Services discharge (Hoaorabie, General, Bad Conduct, Undesirable, Dishonorable, or no mili�ary service. (\OTE:
Establishment must be commercialty zoned.)
Game room, please providz the following infortnation: name of machine and list price. (�;OTE: A Poo1 Hai1 license is required if
there are any pool tables in thz establishment.)
Heal[h/Sports club adutt, please attach written proof that each emp]oyee is at leas[ 13 years o[d.
Liquor off/on sale, refer to attached liquor applica!ion.
DIassage center, please attach a detailed dzscription of the services being provided.
blassage center adult, please attach written proof that each employee is at teast 18 years old. -
blassage practitioner, please submit proof of successful comple[ion of tcritten and practica! exams from [he City of Saint paul
authorized examiner; submit insurance certificate showing covera�e ofS 1,000,000.00 each genera( Iiabiliry and professional tiability
cvith the City of Saint Paul named as an additional insured, and a 30 day notice of cancel(ation; submi[ proof of affiliation from a
licensed City of Saint Pau( therapeutic massa,o,e center or state licensed hea][h faciliry .
blotorcyde dealer, please include State of Minnesota Dealer Number.
�erv motor vehicle dealer, please incfude State of Minnesota Dealer Number.
i
Parking lot or Parl:ing ramp, please include the number of parkin� spaces, and attach plans containin� a geaeral description of the
security provided at the lot/ramp, a site plan showin� driveways of the proposed tot and the legat description of the property (this
requirement necessary only if no site plan is curtently on file). Attach a cover letter describin� yourplans to comply with the lighting
and painting requirements.
Pa�cnbroker, please attach 55,000.00 Surery Bond.
Second hand dealer-motor vehicle, please include State of Minnesota Dealer Number.
ei�YCte ari`s, ease ttac 5;060.00 Surety Bond. T
_ � �$�
Steam room/bath house adult, please attach written proof that each employee is a[ least 13 years old.
Theater adult, please attach «ritten proof that each employee is at least 18 years old.
•
09i0 V! 999
� Core Suppliers: Pa�e 17
D/ �
Click on underlined names to vie�v �.i'eb sites.
•
MI_CHIGAN CONT.
i Street
:idman, MI. 48893
17)644-2695
x t517) 644-5695
IUMB AUTO CORE
85 Ryan Rd.
iro, MI. 48723-9579
17)673-2826
MINNESOTA
!LLER AUTO & TRUCK PARTS PPLE6ERRY'S SOUTHE
15 Chicago Drive MISSOURI
jnd Rapids, Mi. 49509-1602 260 Perimeter Lane
6) 53&5000 Lebanon, MO. 65536-5320
c (616) 538-4159 (800) 321-3471
iail: �artinfoC�salvagelink.com Fax (417) 588-4002
�
� Cloud Drive
�, MN. 5549
755-7534
i121755-2602
Paul, MN. 55101
2) 222-1644
Hawatha Avenue
:apolis, MN. 55406
724-341 S
�
170 Troy Lane North
1aple Grove, MN. 55369-4557
i12)428-8329
ax (612) 428-8509
MISSOURI
6 Hunning Rd.
h Ridge, MO. 63049-3012
)) 328-0053 ! (314) 677-3660
& N AUTO PARTS INC.
i17 W. College
�ringfield, MO. 65806
17)865-2231
E.
MO. 65806
ix (417) 864-6414
�CORE (NC.
i29 N. Golden
�ringfield, MO. 65802
1 � 864-625
5 N. 21 st Street
Louis, MO. 63107
4) 421-5585
: (314) 421-1436
Page 17
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�AZf1IZDOUS WASTE;GENERATOIt, l�CE `;=�: �;�''�:=, : ':
o>=�� Saint Paul - Ramsey County Department of Public Health Telephone: 651-773- 4 6
Environmenta] Health Section FAX: 651-773 -4454
Solid & Hazardous �Vaste Compliance Program
1670 Beam Avenue, Suite A
Maplewood, M� I 5� 109
HAZARDOUS WASTE DISCLOSURE & MANAGEMENT PLAN:
Please print or type all information. Keep copy of the completed form for your records and send the completed
original to Ramsey County Environmental Health Sec�ion at the address listed above.
A. GENERAL INFORMATION.•
EPA ID #:
Alternate Coutact: GI, 2 t` (�pr �{o�zJ
Company Site Name:_G � epr'� �L f1L,
Company Address: ,�('�') � v5 � J� t1 e City: �� � p'RU 1-, Zip Code: S�IO (
Mailin� Address (jd,�eren:): S�/�'1 �2
Zip Code:
incipal Products or Service:_ �/�v7o pl�l^/S Sp� �'�5� � SIC Code:
�
Contact Personnel:
ContactPerson: rYec� Gonzl��,'�S
Job Title: y��,�
Phone Nzrmber: (�q S ( - '� `� -SOoo
�. - ... -. .
, �• , ,,
ti.. f I 1`..�9 t .�^.
i � ��.��i� �m�' J
i`'
Job Title: presec�e.t'�
Phone Number: 9 `a C7 - �1.� �- ��c��
Emergency Number: � S(- �( -03 �� e e� , Emergency Number:
�
�j - / S-tx�
Date
prlrs[ or
m��P� �
Title
g.�-..�omce�wortl�hazlfortnsVicense 2.doc (10/7997) `
l
VV
\� Compfefe one column (items A fhrough O) for each regulated waste. Attach addiiional sheets as necessary.
4 Column 1 Colu n 2
O�ce Use O r�� flnvontnnr±�l \ . f .
A) WasteName
B) 4-digit Hazardous t�aste Code(s}
C) Yeaz Waste was First Produced
D) Physical State (circle)
E) Source ot Process of Generation
F) Amourtt per Year
G) Type of Storage Con[ainer(s) (circle)
H) Storage Location (circle)
I) On-Site Management Method (circle)
.n Treahnent or Shipment Frequency
K) Transporter Name
. �
Y3'l /d0
��
solyd liquid gas sludge
rn �po
�j eO O
soli liquid gas sludge
° _ A � -a_ � ,
,�
drum parl bottle original containe
underground tank above grom:d tank
other
indoors � outdoors
burnarfuel recycled neu�rali=ed
accunvulate treadsewer
aov �,
!rum pai[ botde original caitaine
underground tank above ground tank
other
indoars outdoors
I
� linres per � year(s)
e.o m v
�Rv�
NQ Desi�nated Facility Name
N) Designated Facility ID Number
O) Designated Facility Mana�ement
Method (circle)
C�.o m �
�(,�,U��
CX timesper j year(sJ
�l recycle incinerate burn as fuel recyc[e incrnerate
tion neutrali=e land disposal chemical fixation neutrali=e Imid disposa!
other treadsewer other
p
_ __.. .' _. . �_ �...«, -._. _.�. ...�vu���TJ'�' Fy.� .. _ �.;
� ' ase print or type ali information. Complete one column (items A throuqh OJ for each regulated waste. Sign the
tplefed fomt.,
Company Site Name �� C'or e 1/� Epq �p�
Coiumn 1 Column 2
O�ce Use Only (inventory #) � � �
A) �Vute Name _
B) 4-digit Hazardous Waste Code(s)
C) Year Waste was First Produced
D) Physical State (circle)
E) Source or Process of Generation
���a
soli liquid gas sludge
. -� .,
F) Amount per Year
Type of Stora�e Container(s) (circle)
I H) Srora�e Location (circle)
� I) On-Site Management biethod (cirde)
I 1) Treatment or Shipment Frequency
� K) Transporter Name
� L) Transporter ID Number
� M) Desi�nated Facility Name
N) Desi�nated Faciliry ID Number
�zsi�natzd Facili[y Mana�ement
Method (circle)
3 �C�o ��35
� ��
solid liqurd gas sludge
�/ zs�
�� pau oottte orlgtna[ container drum pail bott!
underground tank above ground tank :rnderground tank
other other
indoors outdoors (�daors
urn as fuel recycled neutralised burn as fuel recyci
accumulate treat/sewer � acc:rmulate t�
' e+' �,c� P r,.n,.. i, Q... Yd.Q o hei
times per year(s) _�___ times per
year(s)
aurn as�ue[ recyc[e incinerate burn asfrel recycle incinerate
chemical fication neutra(i>e lond disposol chemical fcYatron neutraliae land tZisposal
treat/sewer ather treat/server other
confainer
outdoors
g���..�o�ceiwosdViazSformsUicense3.doc (�0i1997)
Piease print or type all information. Comptete one column (items A through Oj for each regulated waste. Sign the
completed fortn. � t�(� J �
l � � Column 3 Columr� 4
O�ce Use C
A) WasteName
B} 4-digit Hazardous Waste Codz(s)
C) Year Waste was Fint Produced
D) Physical State (circle)
�I
solid liquid ; gas sludge
i
salid liquid 'gas sludge
E) Source or Process of Generation
F) Amount per Yeaz
Gj Typz of Stora�e Con[ainer(s) (circle)
H) Storage Location (circle)
I) On-Site Managemznt Method (circle)
J) Treatmznt or Shipment Frequency
K) Transporter Name
L) Transporter ID Number
Ivn Designated Facility Nazne
N) Desi�nated Facility ID Number
O) Desi�na[ed Facility Management
Mzthod (circle)
f certify underpenalty oflaw that 1 have personally examinetl and am famili:
fhat based on my inquiry of those individuals immediately responsible for c
accurate, and complete. 1 am aware that there are significant penalties
impris nment.
��. � �._
S�gnature
or
�
'rum pai! bottle original container
underground tank: above ground tank
other
i
indaors ! outdaors
accumulate treat/sex•er
o[her '
times per year(s)
'
'rum pail bottlef ariginalcontainer
underground tank � above ground tank
other i
indoors
burn as juel
¢ccumulate
other
times per i year(s)
ncinerare ourn as,n�et re cte tncenerare
land disposal chemical firatian n trali�e land disposal
treat/sewer other
chemical firation
treat/sexer other
tb the informaEon submiffed in this and ai! attached documents, and �
ning the information, l believe that the su6mitted informatiort is iru=, �
submitting false informabon, inc/uding the possibility of frne and f
9 - �s-o� �
Qate �
Title i
•
�
File Name:
Address:
Ci�y
�1- 9�
TARGET RESOL UTIONINFORr1IATI01�'
G � cOC_._ ��.s�
t .�} Z`9
A � £ ' m`vi .
� `-a 'P�vS� 4'' .:"- ti:-:-\
S�— � � � Zip: �S
Inilia[ and rlate one of the four status categories below t{:rtt applies to tkis con:pany:
"�i ��\S � W Active (5700-1?, Liczn>z Applicatioq Tae ID, Y: Bill Prep)
_ _/ / One Time Only (One Timz Duciosure)
� � Inactice (I.imbo) (Yarrative)
_ _�_� Deactive (Dzad Zonz� (\on-Gzn CzRiflcation, 8700-1? Updam, Rlor
Kartative)
Con:tnents:
GENERATOR CL,4SSIFICATIONBILL PREP INFORMATION .:_-,...-
. __ _ ._.
. -. � • -.- . ...,, :;..- :
PREPAREDBYi CJ_= �\:� " DATE:S/�_S /a> '',_';`„�
` . LiceiueXear -
Geneiation Start Date: ��! � S lce� = i Late Registration Penalty (Yes - o _=
- ' ..-,. �__--_•:._.
Fee Category� A V S L� _ Application Fe� - iVo)
Create Manifest File (Xes =�O -, ; _ --
r,,....,.,::.�: ,
DATA ENTRYRECORD
• Entered By: ��/'�'�-- Date: (0 /L(/ � i
�'1[-/"7 I �/�,�
g:\....\office\word�hazlformsltar�zcdoc (II/1997)
0�-9�
Please rint or ��r �%=�a° �^'� �'o rs;,�r_ c,�,�s g-�c-�
p type with ELITc .y?? (12 chzracters per inchJ in th_ ursnzded ar>as onty �sa xo czas-E?a�cr
Preasarefertothatnshvettcns . ..--- Date Received
�,F,,,�N,��ra��t�e Notification ofi Re ulated
ecmp�enoq tl�is torm.: Tne �'� � (For Official Use Onty)
intormat7anraqueatedMrais � ,EPA
���.�«��,��a ,.� Was�e �ctivity
Resov�eConsrsvatron = ,
f�eareryRctj, '` �- - :. , .
f. lnstatlafbn's EPA ID Number (lAarir X' irt the approprtafe troz) -.
;� (�'A. Eirst No88eatron ,', � a � ete Item C j�n '��C. Insialll Cwn's Ei A ID Nu� 6er � I -
L—�
ri.Nameofinstafiation(!rx&ideeorttpanyandspec7htsi�ra;ne) _.
'.CI ,� ��� �Z�n�C� � � 4 � ( { { � � � � � � { { -
IH.� LocaBon d�sYailation (Ptiysical addr�' � y � P O. Boxor Raute NamberJ �_
StreeL . . , - . . ° �
- �.:�^ � C . � . � �, „ C. I
Sfree!(Corrfltmed) �� .. _ , • .
� ....... . : .: ... . ... . : . e �., . . . . �-. ��.-. . : , . . . :._ . _ .. ::
I I , � I
Cit�torTown';<�, �.,� . � � . . Sta� Z1pLode _°. . . _ -
'
_S i w � i; � �il n. S j I/ Q f-
.g,, " - , ,
counh coae : Narria . ^. . . .. _ . _ .
2 R A `1 S n Y I � I
N. Insiaflation Mailinq Addrzss {See tnslrsfcUoruj �,
y -:.. .. - . : ........ . .. . . .. -
Sireei w P.O. Sox �"_ _ " . ' ' � ; . " ' , � _ _ _ � . _ .
S ri��_ � � �� � �
Ctty or Sown .� �� - .. , . ' - state Zip Code -
�. —
V.'1nsm1{ation Contac2 (Person ta be contscted regarrllrrg waste activNies at siteJ "
Mame (Iast} ,� ;; �_" : _� � �<R : � _� .- (Flrst) `i_ ' ._ �
s�c n � e 5 � ' e cl
Job 71fte � Phone Nu'mber (Rrea Cotle artd Number) - -
i� a n a' r' � �> S 1 �/ 3- s o � b
YL tnstatlaiton Cantact Addresa (See lrrsfructlonsj
ACoruraciAddreas ; .. . . , .. .
lorstlat 1W ikz4 ; QtMt � 8. SiR6t Ot �.0. 8ox �":: ..,} ..
��n�n� ux�. ,�
VIL DNinership (See7risfrvcfforrs)
tl Nsrtie M instaltation's Legai Owner ;.. `�' .�;: z .; . � : . , .
c T � .:i n C.
..,;��. c �:�r:,^� � � �, �x,.° %�
Stree;.P O.-Boz, ot Route Nienber, .`� � z'�, ..',�,, s .�, ,.,.,....
,<_�z��,. ,
c:� ! Y +; �. E n d��, � �-� � �' �
., or rown a�f �� . �-� . . , srste -�
� e�� I� � � �' i
.z .'3�:��„.- _ �. . , � �-° �'> . � 8 IanQType C Oxmetiype O.
PhonePlum6et(Area`CadeandNvmber) , s - - .,;
�� �,_ _� U £ �s� Ye
EPA Fotm 8700.t2 {Rev. 11-30-93) Prevtovs edition !a obsolete.
r=<
. s--�: .; •. �
I
i . .
3 c .s -
>wnaf f _ . ° (Date Cha�Jotl) .,Li �: �
= �;�.�Month-i - DeY -' sYeer
�
Cantlnued on Reverae
0��91
Please fIfIS Of ��'� a�T�eC OM$ NO 2)$:rw23 E.pvgS ¢3G38
p type wi:h cLI7E type (t2 characters per inch) ir, ne unsbadecl areas only GSt No
16 - Far Officiai Usa Onl -
� I 4�, �>, f 1. 4 .:.
VfIL Type af Regulated Waste Activity (Mark'C'!n Ehe approprtate bores; qeter ia lrsswetransj
.. � . " A_ Hazardous Ytaste Activity .:- � � � :, -". B. Used Oil RecyGing AdivRies =;...
� ; . .. � -
Y Generator(See�Instruct3ons]�' `� `-[� 3 7reater, Storer 'Disposer "(aY t. ilsed Oil Pue! Marketer -
Q:a. Greater than IOWkg/mo (2,200 tbs j "' 7nstattatton) Note �A peimiL� [] a- 1Liariceter Dfr�cts Shipmertt oi�Uxed �
❑�b.100 te 7000 kghno (2062,200 tbs ) iequired far ihis acilvliy; see .°` �i to Ott-Specifiraaon Bumer : .
:� �:c Le`ss tlaan t00 kgtmo {220 ibs) *��.�.`' �� :'ansUUCCons `' - ❑b. Marketet Who �rat Clatrtss ihe Used
'�7rartsporter([ndkateModeiniwxest-5 � 4 .lisiardovsWasie�oel ,: .�='6tlLteetsiheSpeeifkztwns .-"�<
� betov� - a. Generafor Marke6ng to 8umer 2- Used Qil 8umer tndicate 7y�sj of
❑� Forownwastaonty ; " � � .: ..: CombustionDeviee{s�
- Qa U81iry 8oller
Q" ��orcommerc3alPurposes`, a �^�, a8oilerarkYorindusir[alFumace �b.lndusMalBotl� �� ��� "
�, . . =- ` � 3. Smelter Detecral =� ' = c. 3_MustrfaF Fumace '. , s= ,,•-
-'Maie ot T�ar�aporlaHon s 2. SmaI1 �uantily Ezeeiptbn '
3_" Used Oil 7ransporter 1ndleate Type(s)
�.Y Alr - - 7nd"ECate 7ype ot Combustion of AcBvFly{Sesj
2. Rat(: = Device{s} a_ Tramporter
� �
�3.tiighway 1.EJUII1yB�1¢t gb. TmnsterFaclllfy ^�� � -
� 6 Water r � .,' � 2 Endusfr3at 8oifer � 4. Used Oli PracessodR�ner Iad�ate
❑ s "omer specuy �` _ - � ._ ❑ 3.lnausfiat r-umace . � - Type{s) ot acuvStyC�es)
��[] 5. ,11nQergrvund lnjectwn Cantrot ❑a_ Proeess .
�_
-,.e. .,.��. -.r.__ d : n '
� -- ... _ �Jb. Re�refine: .._.
tX. Descriptlon oi Hazardous Wastes (Use aeattlonat sr,aets itnecessary) ,
A CharacteristiCS of Nonlisted Hazardous WasteS. (Mark'X'!n the boses torresponding to fhe chara�}erfstics of �-���
naNistvC haza(Oous wastes yaurinstalfaSon hand/er; See 40 CFR Paris 26120 - 26724)
tµi nhebk r�2Cttroetve 3.Raedtvs 47asldty '��.� • . >..- ��",,.. .. �. . `. 'r,.� _ .�, ,. � �, :
.:��� � - � � (�� �e�stl� �L�t'p"� �_�� ���, for 8„ Taz � m�n,�rnmit:;;
� � � I � �
LJ ,.. , D U C� c= 1
B. LiSted HaZardous WasieS. (Ss� 40CFR261.37 - d3; See rnshuctions !f you need to list more Nan 72 xaste codes.) - --..-.- •
-- � ...-;� ....,,.. _ .. _,,:..
_... � -.._ ,.. .�.
�.i � Z 3 � ..- � - 5
i
'� �
a� � ._`
' '` ==7 ��� `:. g' ;�;�4 . u�p,°.. .�"� 17 � W 72
� � �
C. Othe[ WaStes (State or other wasfes requtring a Mndle� to have an l.D. numder,• See Ins�uctons.) ��': �-�
; �..s . ._ .. .� _v, .. . .
� �. --��.. �. �.:.- �.
�� (i . � �i O x �� p j,7 G� ' ___ -
_ �-� _
-�.. -� � � � .� y (
6
e' � � � /��. � � il � ��1 T�� -
-E . .>. �„�,. ._._ � � L�_
.s .,. _ - „ . �
� �
.._�-,. .>_e, . ...,..:. ... .�_.,
a ^_ .
X �.2�fIfiC2tfOII �. � - `
1 certtfy under penalty ot law that this tlocument and all attachments were prepared vnder my dfrecilon or aupervtsion in accordance wtth a=
syatem deslgned ta assure ihat qua4ltted peraonnel properly gather and evaluate the Informatlon submltted. Based on my Inqulry ot the persan :.
or persons who manage the aystem, or thoae peraons dlrectly responalbie tor gathering the Intormatlon, the In(ormatlon su6mitted Is, to the
beei of my know7edge and beliet, true, accurate, and compfete. I am aware that there are aigniticant penaltles for submltting faise Informatfon,
Includin the osslbill of flne and Imprisonment for knowin v(olatlona,
Signature , Name and Otficial Title {Type or print) Date Signed
�— .�� U�c'�v��-� �i';� �io��z��-tie ih �,a���� I '�s
P:.,
XI: Coriiments '. ' , .. -
•
.�... ,, : >:,. _ . _
Note Mall completed form ta the approprfate EPA Regional or State Ofttce (See SecBOn Ip of ffie booktet for addresses.) �
� � "'� - _ - s^� � � . �
EAA Form 870672 (Rev. 7 7-30-93) prevlous ediflon !s obsoiete.
� .. . . . . ' .S.'.Y_y-.�,_ �. .... . .. . ... . ._.. .. �� w . ..
/ . -' . .
�� ( • � " � •' • "� •
l
� Sai�t Paul - Ramsey County D of Public Health :�- -
Environmental Health Seciion '
��- ��
Sol;d & Hazardous Wasie Compiiance Program C \l �`- `
� 1670 Beam Avenue, Suite A Generator:
Maplewood, MN 55709 - ,
�,.��K.� Telephone: 773-4405 Fax: 773-4454 EPA ID# M N_ - ( � (
.-,,
Address: �' - - 'h - ' City: ' � � ' Zio Code: "' � -
Contact: `^� •, � '--> 1 �-- Title: ���.-- ^�--,c_r Phor,e r: ^" ;- - �
Inspection Date: ��• � � � - � � '
Size: SQG � VSQG
1. License C�rrenVPosted
2. EPA ID Number
3. Waste Evafuation �
4. License Application Submitted � - .
5. Uniicensed Hazardous Waste > 75 Days
6. POTW Reports Available _ . .
7. 15 Days Disposal Prenotification
8. Previous Orders Camplied With ' �
9. Entry Allowed
10. Other
7. W=ekly Contairer Inso2ctions (3 Yrs.)
2. Containers In Good Condition
3. Containers Closed
4. Accumuiation Start Date _ _, , _ _
5. "Hazardous Waste" Marking
6. Descriptive Name Cieariy Labeled ,, �"�, .
7. Containers Compatible With the Waste
8. Proper Ignitable/Reactive Mgmt (50 F.i) ,; ,
� Incompatible Wastes Saparated
Liquids on Impermeabie Surface :.� : -�,.
Storage Tank Requirements
1. Liquids on Curbed Impermeable Surtace
2 Ignitabie Wastes Shaded
Last Inspection Date:
Purpose: lniGa� Routine Fo:io�.v-up Er,�o�cemer,i CorQiaint C!o;ur2
, . . _ . � . . '';.� F ,
.. ,_. . v. , x� _ :1_. . �.,: ' _-u_. :r v_._ �::s`?.`-' L.
1. Max Accumulation Voi -< 7000 kg (VSQG) � 1. `Containers - ClosediGood Conditior„' �
2. 180/270 Day Storage Maeimum , __ -� �Impervious SuAace '
3. SpeM Lead Acid Battery Storage ��;2_`.Labefin9
3. Recycling Receipts (3 yr) , : �
- � 4. VSQG - Used Oil Mixed with D001 Only
1. Relinquishing Control 5. Used Oil Burned Onsite
2. RepoNRecover Spills (649-5451) 6. Tanks - LabelediClosed,'Good Condition/
3. Operate To Prevent Retease Impervious Surface ._ .. ,
4. Adequate Aisle Space _, , _ �,,,,
1. IntemaVExternal Communication
�2.� Communications in the Waste Area
3. Emergency/SpiIl;Fve Eqwpment
4. Equipment7ested/Maintained
5. Notification Sent to Local Authorities (SQG)
�. ,.
1. Proper Manifests
2. Copies Avaiiabie On Site (3 Years)
3. Manifest Properly Completed
�4. initial Copy To MPCA (5 Days)
5. Finai Copy To MPCA (40 Days)
6. 45 Day Exception Report
7. VSQG Coilection Receipts
8.� Recycling/Special Wastes Receipts
9 FeedstocWBy product Bill of Lading (3 yr)
10 LDR Documentation Available (3 yr)
1. Pretreatment Inspection Schedule
2. Inspection Log Matches Schedule
�. �a ie�� _ _..;:a'`.-'�a�'.=.��--E
t. Designated Emergency Coordinator(s) ��
2. Telephone Posting: - ,� � � �
a. Emergency Coordinator(s) Name antl Phone :
b. Locations of Fire/Spiil Equipment
c. MDO/Fire Dept. Pho�e #
3. 3000 kg Storage Maximum 1.
4. Personnel Training Documented
_�, i �: . . a. : , �
1. Removal of HW, Hazardous Materials and
CoMaminafed Materials' � � � � " '
3. Protected - MoisiurefEntrylDamage � �� � 1. UST/AST Registration
2. Speciais Wa'ste Storage/Fluorescent tubes
The items circted above identity viofations noted during the inspection conducted on this date.
• - . . � ,ra� : 'S _ � _ � - - - - _. :, � = '1 �� _ ,_
. . - � o -�
(' (`y „ - , � ' - ' .. � . . , .. . _ " _' _ - _ .
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A
E'':_ ,
RCEHS 7000 (7997) - � - --- � -- � � - (t) FAe (2) Office Copy ' . (3) Generator Copy - � � . -.
t
, �..�:_
(l � The foltowing tabte cites the piovision from Hfinn Rules', Chapter or the section from the 'QopnryHazardous Waste Management
Ordinance which prov'ides legai auihority for the corresponding Rem on the inspection checklist on the froni side of lhis page. Copies
Q� % 1 of the State Rute can be purchased from the State Documents Division at 117 University Ave., St. Paul, MN 55155 (297-3000).
Copies of the County Hazardous Waste Management O�dinance can be obtained from this depaRment.
�.�. � . ._
_Item ... Rule _ � � .�_:. � �-_ _ '� � � ��z-t_ �:�: =�;� � � .�,:s-.s,.. . < s � ��,� .. .. . . ... . . .. �.:._ _ _ - , ._ _
A. Basic RequiremeMs _ . _
1. RCHWM Ord. Sec. 4.07, MR 7045.0225 5ubp 2
2. MR 7045.0221
3. MR 7045.0214 - 7045.0217
4. MR �045.0240, 7045.0248
5. MR 7045.0243 su6p 3G
6. RCHMW Ord. 4.09
7. MR 7045.0243 subp 3G
8. RCAO Sec. Iil D
9. RCAO Sec. V B
B. Storege Container Requirements
1. MR �045.0626 subp 5', 7045.0294 su6p 2A
2. MR 7045.0626 subp 2` _
3. MR 7045.0626 su6p 4• -
4. MR 7045A292 subp 5C, 6C, SD
5. MR 7045.0292 subp SF, 6F, 862
6. MR 7045.0292 subp 5F, 6F, 862
7. MR 7045.0626 subp 3'
8. MA 7045.0626 subp 7'
9. MA 7045.0626 subp 6'
10. MR 7045.0292 subp SE, 6E, SB2
11. MR 7045.0629
C. Ouidoor Storage Requiremertts
1. MR 7045.0292 subp 5E, 6E
2. MR >045.0626 subp 4`
3. MR 7045.0292 subp 5D, 6D, 7�45.0626 subp 4'
D. Accumu(afion Requirements
1. MR 7045.0292 Subp 6
2. MR 7045.0292 subp SA, 6H, 9
3. MR 7045.0685
E. Waste Management ,
1. MR 7045.0208 subp 2��
2. MR 7045.0275 Subp 2, 3
3. MR 7045.0566 subp 2"
4. MR 7045.0566 subp 6"
F, Preparedness and Prevention
1. MR 7045.0566 subp 3A, 36"
2. MR 7045.0566 subp 5"
3. MR 7045.0566 subp 3C, 3D•'
4. MR 7045.0566 suhp 4"
5. MR 7045A566 subp tA, � D"
G. Shipments
7. MR 7045.0267 subp 1, 7045.0075 su6p 5
2. Mft 7045.0294 subp i, 5
3. MR 7045.0267 subp 7, 7045.0265
4. MR 7045.0265 subp iD �
5. MR 7045.0265 subp 4
6. MR 7045.0298
7. MR 7045.0294 subp t B
8. Projeci Guidelines, Resolution - �97-446
9. MA 7045.0725 subp 5&5, 6A1
10, MR 7045.7375 subp 1G
H. Used Oil and Related Wastes
1. MR 7045.0855 subp 2C, 7045.0990 subp 3B
2. MR 7045.0855 subp 2C, 7045.0990 subp 36
3. MR 7045.0855 subp SC
4. MR 7045.0800 subp 4C, 7045.0855 subp 68
5. MR 7045.0855 subp 3
6. MR 7045.0855 subp 28, 2C. MR 7100.0030 su6p B
I. Pretreatment/pH Neutralization
7. MR 7045.0652, MR 7045.0655 suhp 38
2. MR 7045.0652, lvtR 7045.0655 subp 3E
J. SQG Requirements
7. MR 7045.0292 subp 5H7
2. MR 7045.0292 sutrp SH2
a. MR 7045.0292 su6p SH2
b. MR 7045.0292 subp SH2
c. MR 7055.0292 subp 5H2
3. MR 7045.0292 subp 5
4, MR 7045.0292 su6p 5H3
K. 7erminafion oi Operation
7. - RCHWM Ord. Sea 5.01
L. Misc.ltems
7. MS 116.48 subp 7 "" '
2. Project Guidelines, Resolution - R57-446
' as referencetl in MR 7045.0292 subpart 58, CB
" as referencetl in MR 7045.0292 subpart SG, 6G
Giossary of Terms
AST - Above Gwund Storage Tanks
BP - Byproduct
EC - Emergency Coordinator
EPA- United States Environmental Protection Agency
EflC - Emerg=ncy Response Commission
FS - Feedstock
HW - Hazardous Waste
LDR - Land Disposal ftesiriction Notification
!vlCES - Metropolitan Courtcil Environmentaf Services
MDO - Minnesota Duty Officer
Important Phone �'s
RAMSEY COUNTY _ - 773-4466
MPCA - . 296,6300
MDO " - - 649=545t _ "
MNDOT- =,.405-6060 .�.- .�
MNTAP - � 627-455S
MCES - 602-4703 : - ; -,-,.. -_
AST._ _:__._u_=_297-8665_.._._-,-_ _._
UST - 297-8679 /
MNDOT - Minnesota Department of Transportallon
MNTAP - Minnesota 7echnical Assistance Program
MPCA - Minnesota Pollution Control Agency
MR - Minnesota Rules
MS - Minnesota State Statutes
POTVJ - Publiciy Owned Treatment Works
ftCAO - Ramsey County Administrative Ordina�ce
RCHWM Ord. - Ramsey County Hazardous Waste Management Ordinance
SQG - Small Quantity Generator of Hazardous Waste
UST - Underground Storage Tanks
VSQG - Very Small Quantity Generator of Hazardous Waste
Address to send Manifests:
Minnesota Poilution Control Agency :
- Hazardous t+Vaste Division . -..
Attn: HWlMS . ,..: � , �. .:
520 Lafayette ftoad
':
St. Pau[, MN 55155 __: _ �__ '„ �,� _. _
SEP-07-1?E+0 12�12 FROM CITY OF ST PqUL. L[EP TO �34454 P.091/E��
Q / — � � OFFICF.OFL[CE�SE.[?:SPECCtOSSA.`D
E\h&O�i�(EyTA:. PRO7ECT:0�
Robert Kerrkr, D�•«<e�
•
CITY OF SAINT PAUL
Na�m Caleman, M1fayoi
LDitRY ?ROF''•.SS/ONAL
B'J7IDLVG
Suit: 300
3�0 Sc F<rc. Srr�ct
Sc:ntPcuCS:tnrt<:cta J<rn+l�;n
FALS7MTLE '�`�tANSMZSSIOI�I
DATE: �
To: L
LOCRTZON: _____�
SENDER: (.�
�n �-e'
l� `,_.
LJ
� v
This transmission consists of � paqes (i.ncluding cover sheet).
CoMMENTS:
7d�prtans:b51•2b6Svv0
Facrlmdc 631-1669:?�
6J1•T66
so
sr �73 �����
e �,�
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• ,
SEP-07-1900 12�12 FF.OM CITY OF ST PAL4. LIEP TO
� /- 91
97734454 P.202iEt78
OFFiCc6f L10E2iSE, RvSPECTS63iS AND
ExvzeoN�vrr� rxo
Rnbert Kcitk� Direcar
. � CITY OF SAi;�'T' PAUL LOw(tY PROFeSSIONdL BUILD.MG Teltphonr: 651-266909r,
NormCalcm¢n,:4�cyor ;SOSl.Pae�Sutu, FaaGuilu 6f1-IQ6-9G99
S�rPmlf, Mianetcra SS17Z-IS10 651-265-9!2;
LICENSE APPLiCATION STJN�1�fARY
•
Date: Thuisday, August 17, 20�0 Q 2:00 P.Li
License ID: 20000000096
License Apglicant:
License Type:
GB Care Inc.
Glen E. Berhow, President
500 Bush Ave.
Recycfing Cottection Center
T�iceuse Couditions: 1. The collection and pzocessing of parts, far shipment, shatl be conducted
insids the buiiding.
2. The business operation at this licensed premise shxli not be in the manner
of an auto salvage use.
3. There shail be no exterior storage.
G. Thc handling and stotage oC vehicle fluids, batteries, atc, shaii be in
accordanez with the Ramsey County Hazardous Waste Regulations.
5. The dumpster must be storcd on the pmgcrt}� and not in the alley, street or
on the public sidewalk
Requiremauts: Environmenta! Health - Approved
Fire - A}�proved
Licensing - Approved with conditions
Zoning - Approved
Pending Adverse Actians: None
Current T.icensee:
LIEP RecommeadaYion:
None
Recoaunend approvai
�����
�� /
• LI�P Staff Representative
�
�
ScP-0?-1900
12�13 FF.�'! C:TY OF ST FqUL LIE° TO
_.�_ti1'� ._��_ __'
�I- �J
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.
SEP 12�14 FP,OM CITY pF ST PPU� LiEP T�
CITY OF SAT\7 PAUL
Norm Colemarc Afayor
G7734454 P.0�4��H
qfF7CE OF UCEtiS£, FNSPEC7iON5 A1+D
E'iVV1RON�!EYfnt PAOTiCT10N
Rabe.:.l e:s;e�, D�rcctai
LOfYRYPROFFSSlO:VAL BUfLLJ�.tiG
Sui:c 3G0
350 Sc Pucr S:t¢ti
SoinrPaul, MmnesoG^. SSlO:dS:O
�f _�
Ttkpiw�x: 65f •2b6•SGSO
Facr(mtfe: 651-366•9G
651-Jbb91.t
Qecember 2, 1999
Gten Berhow
G.B. Corp., Inc.
2014 Glendale Ave.
P.O. Box 906
Gss�s� 6ay Wi. 54305
RE: 500 Bush Avenue
Mr. Berhow:
G
We had received a comptaint about the refesenced property. I inspected the property on
Tuesday, tVovember 30`". As l drove up to the property, i observed three males in the process
of cutFing up delivery vans. I spoke to a Fred Gonza!es who indicated he was the foreman on
tha job. iie stated that he workad far your company and expiained that they were cutting up
fh�se vehicles as part o( a contract to salvage the metal and reusab!e parts. I explained fo Mr.
Gonzales that this praperEy is zoned t-1 industriai and auto salvage is not permittsd irt this
d;strict. S d;3 aifow him to comptete the salvaging operatioct af the vehides observed o;� th2 sit2
but toid him thaf once this was compfeted, no additionai activity is altowed in the building or
su; rounding property until the zoning, licensing and buiiding re-certification issues are
resoivad. I told hirn I woutd be back today io vesify compliance with my orders.
Per our phone conversation today; you have explained that what i observed on Tuesday was a
one time deaf and that it would not be occurr�ng on the property again. You further exg4ained
that your regular business involves receiving used engine paris from various vendors. You
prepare these engines tar shipment to your headquarters in Green Bay where they are resold.
I requested that you submit a writfen description of yaur business so that this oKce can
determine if the proposed use of the buitding compi;es with the zoning for the propeRy. Yau
stated you woutd do that. Assuming fhe zoning issue can be resolved, it is anticipated that you
will need a business iicense and wiil need to satisfy buiiding and 6re safety Code requirements.
Because of the notification requirements of our ordinance, the length o� time to process a
license is approximatety 45 days. You cannot operate your business untit the license is issued.
I would urge you to get this letter to me as soon as possible so that wa can expedite rssofution
of this matter.
•
Call me with questions a! 6511268-9483.
�����
rence R. Zangs
Zoning Administration
5QObush wptl
SEP-97-1�E3 12� 14 FP.OM
rITY �F ST P4aUL LIEP TO
G7734454 P.g0o�0�E
Sapp/!6r oi
Errgines aM T2nsmissrorrs
lor Aemsnu/actunng
�
Dccember 3, 1999
Liceose IasgecYson Environmental Protection
Mr. Lawrence 2angs
350 St. Peter Strcei, Suite 300
St. Paul, MN 55102
�m;
Per our phpne conversation, I am enclosing this letter per your tequest.
0/
With the intent and purchase ageement at 500 Bush Avenue in St. Paul, t wouid like to reiterate
tfie type of operation we have at G. B. Core, Ina You have staind the zoning is I l, which
irscludes Wa:chousin�, Industrial Mfg„ and Recycting_ Wa ar;, in no way a sal.�„e operatiun
Al[ of our products are engines, transmissiorts, and catalytic converters. We buy these selectivety
ftom s computerized-tectuiical buy guide, which we publish monthly ta our indegendem
supplic.�rs. All we do at our warehouse is a check-in, inspection, and invoicing procedure. The
only tools we use are air contpressors, ait tools, and a forklift. The product is only soried and
warehoused urti3 we get a futl iraifer loacl, and ihen it is shipped back to our main operation in
Green $ay, WI.
•
We stock 6Q00 to 7000 engines here on a fully computerized system, and ship all aaoss the U.S.
to very tazge engine ro-maaafactucing companies. We also export to many countries.
We, in no way, salvage itoms. Evcryihing is purchased seiectively. Our average month in St.
Paul will coasisc of 5100,000 plus in product purchases.
The Frito Lay truck d�l was a one time deal, and as you will sce, we run a very organized, clean,
and professional aperation.
We've been in bus�ness for over 12 years, and have about 14 employees between the 2 divisions.
Thapk you for your attention and consideration. If you have any qaestions, pleasa contact me at
1-800-456-8652.
Sincerel
���������
Cslen E. $echow, President
G. B. Core, Inc.
P. S. We have compteted the title insurance, Phasc I study, and as of yestcrday we do have thc
occupancy pettnit.
�
• iNd I�!\YILDErlB /
1�4�w.4� �
VwerMYrn
(920} 434-6820 Fax (32D) 434-6821 3-800-456•8652 201a Gtandata Avenue P.O. 8ex 9t16
Green 8ay, Wf 54305
SEP-07-19E0 la�ia fP.Oht C[TY OF ST PAUL LIEP TO
?773G454 P.005.�20E
OFFICE OF CICc�S'c. fNSi cCTIG�.S A�D
E�VFRON}fE1v7.AL YROTECT[OV
Itobe•r Krtaler, A�lecrw � / J /� +
�I �
�
CITY OF SAINT PAUL
Nosm COkmcn, A1Gyar
December �0. 9998
Glan Berhow
G.B. Cocp., Inc.
2014 Gtendaie Ave.
P.O. Box 906
Green 8ay Wi. 54305
1.U+�'RYPP.OFESSIOh:1L BvlLDi.iG
Su�rz 300
330 SL Pettr Sr.eet
S¢rnt Pcu( Minxzora SS101
7elrpnona: 63l-266•9�0
Fcci:mitc 651-?56-9i9r
651-266-41?�t
RE: 500 Bush A�enue - Existing Warehouse B�ilding in I-1 industrai Zoning District.
Mr. Berhow:
•
4 received your letter, dated December 3r° 1999, exptair,ing the nakuse of your business
proposad for the property referenced above. This o�ce understands, based on your
expianation, that you witi be receiving engines, transmissions and catalytic converters at this
location and tnat your business operation does not inciude the removat ofi ihe parts from a
vehicle (ie. auto salvagej, but rather, the collection af these salvage items. it is further our
undarstanding that the oniy processes perform on these parts, once received, are ensuring
they are drained oi any fluids, invoicing the individual part and preparing it for shipment back to
your headquafters in Green 8ay.
The operation, as you describe it, appears s;mifar to a shippingJreceiving wholesafa operation
which is a permitted use in the t-1 industrial zoning distric#. The change'in use fram warehouse
to who�esaling tloes not require ar,y a8di;ional off-sireet parking per ths C�ty's zoning
ordinance. Therefore, zoning has no objecfion to this proposed use provided you obtain a
business license for a ReCyding CoileCtion Center, 1 have enclosed the license appGcaYion.
Please complete this application and retum it along with the license fiee of $164. 00, to this
offiCe. The processing tima for this license request, because ot notification requirements
mandated by city ordinance, can taka between 45 to 60 days, You cannot start your business
until this fiCense is issued. We wiil do what we Can to expedite but we need you to complete
the appiication, to begirt ihe process.
You will afso need to satisfy any requirements of the State Suilding Code and Fire and Safety
Code for the proppsed changa in occupancy of the building.
Ca€f ine with ques4ions at 651t266-9083.
��
. '
a�� �.
awrence R. Zangs
Zoning Administration
SOObuS.w�C
•
SEP-6?-1°�0 12�15 FP.OhI rjTY GF ST PaUL LIE?
laspeclion Notes:
TO
G P.Qe�/�Eb
a1- g�
Acting on a compfaint we received. f inspected the refierenced praperty on Tussday,
November 30,1998 at about 2PM.
As } drove up to the property, t observed three males in the process of cutting up deiivery vans.
•
There were three cargo box and a fruck chassis visibie from the street, in ths front of the
building. One of the cargo boxes was being loaded onto a fla# bed truck when t pulled up tQ the
property. S s�ke Eo a Fred Gonzales who indicated he was tt:a ioreman on th� job. tie statad
that h2 werked for yaur comparty ard expiained #hat t�ey ware cutting up these vehicies as pa� t
oi a contract to salvage the metal and reusabie parts. Mr Gonzaies iead me into the building
where I observed chassis, truck tires and assorted materiai stacked inside the 6ui}ding. Thera
tivas an acetylene torch near the ove�ead door a�d evidence of its recertt use in the building.
He said the metal was being pick up by Great Westem lron & Mtetal for recycling and the
remaining parts were being shipped to your piace in Green Bay WisCOnsin. He indicated that
this was a specia! ptojecf and that ha anticipated it being comp4eted by the next day. 4
explained to Mr. Gonzales that this property is zoned I-1 industriai and auto salvage is not
permitted in this disfrict. I also kold him that the use of acefylene torches to cut up these
vehic{es might exceed the occupanay type that the bui{ding was certified for. { to{d Mr.
Gonzales that the observed activity was not legal and that it wauld have to cease. I did aliow
him to complefe the salvaging operation of tha vehicfes observed on the site but told him that
once this was completed, no additionai activity is ailowed in the building or surrounding property
until the zoning, licensing and building re-certification issues are resofved. I to(d hirtt I would t�e
back to verity compliance with my arders.
Thursday, December 2, 1999
Spok� with a Glen @erhow by phone in Green Bay Wf. Mr 6eshow exptainad that what i
observed on Tuesday was a one time dea[ and that it would not be occurring on the propsrty
again. He further explained thai his regular business involves receiving used engines trom
various vendors. These engines are invoiced and prepared for shipment to G.B.Corp.
headquarters i� Green Bay where they are resotd. He stated that there is no processing of the
parts oth2r than making sure fluids are drained. Mr 8efiow stafe� that !ha fluids are captured
and transported back to Green Bay for proper disposai. i fotd 1Jir Berhow that he should put the
description of his business in writing. Sent ietter summarizing conversations ai�d arders to
cease business activities in build;ng until City issues are resolved.
`J
SEP—H7-1900 12�15 FP.OM CITY OF 5T PRUL LIEP TO
977344� P.008i00E
�1
� IQ Nu.�er 282773t1657
Cin:
Fee Cuner
SUSAN M OOLCE
03096 CLEVFLA110 AVE N
ROSEVt�tE rix SSt732506
Sa% 6Wner
iHONA2 N LEE
00500 &1SH AVE
37 PWL !R! SS1�i416Q
HOme9teeder
2CHIAG [CMPLAIN7 4iORK5XEET
Comp[aint Oate 17-24-99 2a+ing Oata
Received Da:e '17-29-99 Date Receired
Yard 6 Responte Datn
P(annin9 Distriet OS {nspectcr Nurber
iartiag �istriet �� ( Aeitsp. Qate
� caaptaint rype
Comptaint lxatien R¢spome
500 9USN AYE SS70t
20MINC
THE FOLIWING !S STAYED 67 TNE CPMPUtINAN7....
�15MANTlED SHElLS OP TRUCKS PARICEO 2N iRONt OP
BLDG. 8RINGING ENGIAES OF YENL[LES ]NTO BLOG.
Ccr,plainent tntorxation
HRS flARTELL
P�cxe: n<•s�bz
Referred By;
iNW AND CpIP4AINT OFFICE
Atso Sent To:
.._......""' ..................................."-•-"' •""-"-""-"----'--'-'-'-'--' -'-'-'-�--"'. _. _.. _....
: Co�lainT : Re9nepett . Re8pon9e . Respome : Reir,spect . Response . Response : Reznspr_t . Response _ Response :
. iype . Da2e . Dace . Type . Date . Date . 7ypc . Date . Uate , Type .
-° •--...-.".-'--"--'--"-----'-'-----------'-------'----------°-°-----'----'-------"---' ..... ... .......
• . . . . . . . . . . .
""' ...................."•"'...__...'•""•"'••"•""••"'•"""""-'•"- ""-'•"'.._..."-.._..'--"""'
"""'•"-"'-'•-""'-""--"'-""-"""--"---'-----"'--'-- -'---"-----'--•----'--'--'---"'
RE3GONSE XENU
A. No io�iny viOlatSort ai this tim.e•
8. Orc+ers issued.
t. viote�ion tag issued.
D. Vio(etion eorrttted.
E. Mo viotation at t�is time, wilt monitor.
F, iramferred to apprepriaie departicent.
G. Covrc perMing.
H. Ac�iniserative review pnnCing.
I. Extensi0n Drertted.
J. OtAar (see comrcn[s)
�
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CCMPIAINT 7YPE
t: Resfdential Huto Repair
2: 62her Nwme Occupation
3: Parking
4: EXterior Store9e
5: iltegal Business
b: Numhcr ef Oceupents
7: Daplex
8: Site Ptan
9z SCUP/VariatKe
70: $iB�S
Sl: NiSCELl8T1LWS
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� UCF-9(SCA01/9a)JUtlgmentantlNOt¢eoiJU
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State of Minnesota
Couxrv
: .;:se.r
NAME AND ADDRF_SS
- -t.;ort�er_j �lec*_ric 7
Plvntiff .
lt � =.. .=0d;. ^OcC
- .�L Ju. ✓.�'__
K.
NAME AND ADDRFCC
>.�. tiCT' _"aC
Defredam
n
Onom FOR
JVpGMFNT ON
Ci.vn+MO
� Cwtmx
Cuw
c _5 �:...�... ..�'.�tL�Or it. ,.,.
a 1,�� ��v /1/r����,�
MimGcn.R.RS. 516
CoIIC11i3t10Il C011LC
� JaDCC[u. Dis�atcr
�a
�ec�izd
NAME AND ADDRFSS
��ff
R
ZiP
n.
� NAME AND ADDRF.SS
�
DcfeMan[
xi
Cns� No.
�°—..--:°_
D
y
m
ZIP
j=a ?dti:. -i- �J�i�lq 9P I � ZIP
Appearances: � Plaintiff ❑ Defendant ❑ Neither P�ty ❑ Contested Q Defauit
Upon evidence received, IT IS HEREBY ORDERED:
.�_ '• '- is entitled to judgment against ' for the sum of
$ - , plus fees of $ �- , disbursements of $ , and conditional costs of
$ , for a total of $ -' '
O judgment shall be entered in favor of � (without damages).
p 's claim is dismissed wi[hou[ prejudice.
❑ 's claim is dismissed with prejudice.
❑ shail immediately return
IO [he
, and that the Sheriff of the county in which the property is located is
authorized and directed to effect repossession of such property according to M.S. § 491AA1 subd.5, and tum the
property overto
❑ Other / � Memo �. j/ - ` �1=� _ .
_ .1,-
; '_
iuocMeNr
NOi10E OF
)UCGMBR
�scwn
OF JUIXiMFSlf
Judge:
-------�
_.,�... —"'i�
JUDGMENT is hereby declazed and entered as stated in the Court's Order for Judgment set forth above, and the
judgment shall become finally effective on the date specified in the notice of judgment set forth below.
Dated:
Court Administrator/Deputy:
TFIE PART7ES ARE HEREBY noufied rhat Judgment fias been entered as indicated above, but rhe Judgment is stayed by law unui
y ���' _ ccq p.m. (to allow ume fur an appealhemoval if desired).
L___ - ,
DATE TIME
THE PARTIES ARE FURTHER N0ITFIED that if the cause is removed to disirict court and the removing pany does not prevail as provideA in
Rule 524 of the Minnesota General Rules of PrncUCe for Ne Disaict Courrs, rhe opposing party will be awardW $50 as cosrs.
Dated:
Coutt Adminis�atoc/Deputy:
I ceRify tha[ the above is a coirec[ nanurip[ of the Judgment entemd by this Court.
Daud:
Coun Adminis¢amdDepury:
PLAINTIFF'S COPY - READ REVERSE SIDE FOR IMPORTANT INSTRUCTIONS _
���9,
u
COUNTY
JUDICIAL DISTRICT
S6C0(ld
su6d
District Court
CASE NO.
CX-99-8020
ORDER FOR
DISCLOSURE
INC.
THIS 1S
•
ORDER WNICH
T0: G.B. CORE INC. - GLENN CORE (OWNER)
JUDGMENT DE6TOR
Within 10 days you must:
1. Filf out the attached Financial Disclosure Form describing your personaf finances.
2. Mail th+s completed form to the JUDGMENT CREDITOR at the address stated in the box befow.
WARNING: IF YOU DO NOT COMPLETE AND MAIL THE DISCLOSURE FORM TO THE JUDGMENT
CREDITOR WITHIN 10 DAYS, THE JUDGMENT CREDITOR MAY ASK THIS COURT TO HOLD YOU IN
"CIVIL CONTEMPT OE CQURT." lF THE COURT DECIDES THAT YOU INTENTIONALLY DISQBEYED TNIS
ORDER, TNE COURT MAY FINE YOU, PUT YOU IN JA4L, OR BOTH.
This order was issued because:
1. The JUOGMENT CREDITOR has won a judgment in the lawsuit against you;
2. The Court Administrator recorded the Judgment in the o�cial judgment docket more than thirty (30) days ago;
3. You fiave not paid the JUDGMENT CREDITOR ail of the money which the judgment says you owe; and
4. You and the JUDGMENT CREDITOR have not agreed to some other way to settle the debt you owe.
Matl the Ftnancial Disciosure Fortn to:
DENNIS W. WOLFE
Mlp-NORTHERN ELECTRICINC.
Jt1DGMENT CREDITOR'S Name
2815 DODD ROAD
Address
EAGAN MN 55121
City/SUte Zip
651-452-3996
Telephone
BY THE COURT:
10l12l1999 Michaei G. Moriaritv
Date Court Administrator
� � �a��
�Y / ! ( CG�LtI� �{ "�—
Deputy
. Distribution: Original for fiIe Copy for Debtor (� mailed Qdelivered on 10/12/1999 ) Copy for Creditor( � mailed Qdelivered on 10/12/1999 )
vs.
READ REVERSE SIDE FOR IMPORTANT INS7RUCTIONS
llCF-23 (8t84}
Affidavit for Order to Show Cause
�
�
State of Minnesota
DI��/ w5 <��,�
s� a,s�,�<< eo4� � I
.L ��STRICT CASE h0 I
e niJ �' X - �'S'-c�'Oa0 I
YYI. D- IJoR`t�»e � 1 ec_7`,e; �
vs.
%J �-�/) �_.," n`c �.'.;;' T a ) �
Plaintftf '
�7'yj ','tt�..�y^'•:�*f''5.�.�
�efendarii x
A�FlDAV1T IN SUPPORT OF
ORDER TO SHOW CAUSE
.1«' •
_ .' '_'�.1�"
:? v1'sFY'�v�, , " _. - _ . .
i5:4y �YS6� _.... -.... - .
°'``''' '�'�'� State of Minnesota
Counry of ! � �/�
1
�
.
m; �, 1o (c"th2�ti ��e �'n2r � , the JUDGMENT CREDITOR in the above named mz!ter,
makes the tollowina statement under oath:
That the JUDGMENT CREDITOR filed a Request for Order for Disciosure 2nd that an Order for Disclosure
was issued by the Clerk of this Court on �CTc� �j £2 1'� � 5' S�7 ,
That more than ten (10) days h8ve gone by, plus time allowed for mailing, and the JUDGMENT DEB�OR
has failed to provide the information requested by the Order for Disclosure; and
That the judgment has not been satisfied.
Therefore, the JUDGMENT CREDITOR asks the Court to issue its Order, directing the JUDGMENT DEBTOR
to appear and show cause, if any, why the Court should not find the JUDGMENT DEBTOR in civii con-
tempt fior intentionaily faiiing to obey the Order for Disciosure.
Subscribed and sworn to before me
on , s�t� � , 1 s LL— .
.
!. HOCH
—MINNESOTA
a�; ?,�.�
JUDGM�^1T CRE�ITOR'S Authori ed sig ture ar.d ?�::e
�l �iuJts L..'(.JOt��.
Print JUDGMENT CRe0170R's Name
� � .�.�.�Lt�+COrt�E�kesJen.31.2000; �. .. - " . - .
� �+ s t x:�. �
� _ .0 .� - s�SMa%��� - �.'9= �. . __ . , y, z .
�
'�:�_
State of Minnesota /� /
' ' County of Ramsey L/ /� 9`
JERRY LESNAH
MID-I30RTHERN ELECTRIC INC NOTICE OF CASE E'ILING
2815 DODD RD
. EAGAN MN 55122
Case Title: MID-NORTHERN ELECTRIC INC., [58987650)
vs. G.B. CORE INC., [589876507
You are notified that case number CX-99-8020 has been assigned
to this matter. Please include this number on all subsequent filings,
including correspondence, to this office.
ASSIGNED TO:
Dated: Oct 13, 1999 By:
.
.
Court Administrator
.---
�
�
•
e
�
�ss'�
�_ �
7anuary 4, 2000
Ramsey CounTy Disirict Court
Civil Division, Room 600
IS West Kelloga Boulevazd
St Paul, Minnesota 55102
Re: Case Number CX-99-8020
Dear Sir:
Enclosed is a check in the amount of $10.00. Please issue a writ of attachment.
Thank you.
Jerry Lesnau
Office Manager
Mid Northern Electric
a1- q�
MID-NORTHERN ELECTRIC
Commercial. Industrial and Residential Wiring
2815 Dodd Road, Suite 101 • Bagan, Minnesota 55121 • 612/452-3996 � Fax 612/686-4987 __
rIID-NORTHERN ELECTRIC INC
2815 DODD RD
EAGAN MN 55122
•
State of Minnesota
County of Ramsey Ql� (a
!
NOTICE OF CASE FILING
Case Tit1e: MID-NORTHERN ELECTRIC INC., [58987650]
vs. G.B. CORE INC., [58987650]
You are notified that case number CX-99-8020 has been assigned
to this matter. Please include this number on all subsequent filings,
including correspondence, to this o£fice.
REE'EREE MUSKE SIGNED A CIVIL ORDER EOR WRIT OF ATTACFII�IENT QN 12-27-99.
THERE IS A$1Q.00 FEE REQLTIRED TO I5SL7E A WRIT OF ATTACFiMENT. ALSO,
IE YOtJ HAVE A BIRTH DATE AND/OR PHYSICAL DESCRIPTION, PLEASE INCLUDE
THIS INFORI�SATION. THAI3K YOU.
Dated: Dec 30, 1999
�
Court Administrator
C �
J
•
State of Minnesota
County of Ramsey
aJ-9/
MID-NORTHERN ELECTRIC INC NOTICE OF CA,SE FILING
2815 DODD RD
EAGAN MN 55122
•
Case Title: MID-NORTHERN ELECTRIC INC., [58987650)
vs. G.B. CORE INC., [589876507
You are notified that case number CX-9S-8020 �as been assigned
to this matter. Please include this number on all subsequent filings,
including correspondence, to this oFfice.
REFEREE MUSKE SIGL3ED A CSVIZ, ORDER FOR WRIT OF ATTACHMENT 013� 12-27-99.
TAEF2E IS A$10,00 E'EE REQi3IRED TO ISSL3E A WRIT OF ATTACHMEN`I'. ALSO,
IF YOU F3AVE A BIRTH DATE AND/OR PHYSICAL DESCRIPTIOI3, PLEASE INCLL3DE
THIS INFORMATION. THANK YOU.
Dated: Dec 30, 1999
\_J
�
�
Court Administrator
: � �^ ,� '��-"-
-� :� �� �-"�',� � ��`
s . ;., � _ - ;�� �-` �r-� �,
�
� �.w _., � �„
.. _ .. -,.r;�:'�'���-'�'��
_ - _ ..�., :�-�r��
°'�JERRY LESNAH
MID-NORTF�ERN ELECTRIC INC
2815 DODD RD
�AGAN MN 55122
����/
NOTICE OF CASE FILING
Case Title: MID-NORTHERN EI,ECTRIC INC., [58987650]
vs. G.B. CORE INC., [58987650]
You are notified that case number CX-99-8020 has been assigned
to this matter. Please include this number on all subsequent filings,
including correspondence, to this office.
ASSIGNED T0:
Dated: Oct 13, 1999
•
State of Minnesota
County of Ramsey
�
Court Administrator
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STA'T'E OF NIINNESOTA
�
DISTRICT COURT
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� COiJNTY OF RAMSEY SECOND JUDICIAL DISTRICT
1�-NORTE3ERN ELECTRIC INC.
vs.
Plaintiff,
G.B. CORE INC
CIVQ, ORDER
FOR
WRIT QF ATTACHMENT
Court File No.: CX-99-8020
Defendant,
The ahove entitled matter came on for a hearing on the 27TH day of December, 1949.
at 10_15 (a.m.) before the undersigned Referee of District Court. Although given sufficient and
proper notice of this �iearing, the �ldefendant failed to appear or to present any reasonable
A.ul �u�7/
grounds fos�doing so. Therefore;
IT IS ORDERED that a Writ ofAttachment be issued for the arrest of said person, and,
•
IT IS FIJRTI�R OI2DERED that, subsequent to an said person GLENN CORE
shall:
Be retained in custody and brought before the undersigned at the eariiest
opporiunity, or in the absence of the undersigned, the neat available District Court
7ud�e. - - -
Be admitted to cash bail in the amount of
ap r before the undersigned.
and scheduled to
Complete and surrender to the arresting agency, the attached form known as the
"FINANCIAL DISCLOSURE FORM". Upon completion of this form, the person
may be released with no need for further appearance, and the officer shall ensure
that the form is marked with the file number above and retum it to the Civil Court
Administrator's office.
• Dated: �y---�i� � �
RE V 5/99
BY URT:
Referee ofDistrictl urt
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�,- /
STATE OF MINNESOTA
COIR3TY OF RAMSEY
�
In Re: MID-NORTAERN ELECTRIC INC., [58987650]
vs. G.H. CORE INC., [58987650]
Case Number: 62-CX-99-008020
MID-NORTHERN ELECTRIC INC
2815 DODD RD
EAGAN MN 55122
N O T I C E O F D O C K E T I I3 G
.
� I� rS / Page 1 of 1
! 7l
SECOND JUDICIAL DISTRICT
ST. PAiTL, MINNESOTA 55102
O F J U D G M E N T
You are hereby notified that a Judgment was entered on April 8, 1999
in favor of MID-NORTHERN ELECTRIC INC., [58987650]
and against G.B. CORE INC., [S8987650]
and was duly docketed on September 3, 1999 at 08:28 a.m. in the amount
of $4,218.84. Costs and interest will accrue on this amount from
the date of entry until the Judgment is satisfied in full.
A true and correct copy of this notice has been served by mail upon the
parties named herein at the last known address of each, pursuant to the
Minnesota Rules of Civil Procedure.
Michael G. Moriarity, Court Administrator-Civil Div.
Dated: September 3, 1999
By AMY GELHAR
Deputy
651-266-8256
��
•
CDSCJlQ � (� f �'!
6G0 I/90 � 1 I V�X 4 ll � � I� I %� Ali AU.07, wbd.$ SS0.0t I
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=m � D -nl o�l�e�� � iecTK� � .�,n� �
a8�s Do�p t2�Rd ��ni
.�q��� /71 N SSiaa,
Pfaintiff,
vs.
G a. C aR E Trv c
$4� !�� E,�ee t3ur�E2 ���, � E E
� �a� I� m na 55! o�
Defendant.
TO: THE COURT ADMINISTttATOR CONCERNING:
REQUEST FOR
ORDER FOR
DtSCLOSURE
GSE NO.
�,.6.CoRE TN�
COwNE�2) �le�N (�PR�
JUDGMENT DEflTOR'S NAME
Sq� �ieR(°e S�,�S.eR )Zo�c E
Address
s� Q,q-ut rn� ss�o�
City/5tate
Zip
The )UOGMENT CRED4TOR states that:
1: The )UDGMENT CREDISOR fias won a}udgment in this lawsuit against the jUDGMENT DEBTOR.
2. The Court Administrator recorded the judgment in the official judgment docket more than thirty {30) days ago,
�,,. 3. The JUDGMENT DEBTOR has not paid all of the money which is owet! to the )UDGMENT CREDITOR, and
� 4. The JUDGMENT CREDITOR and the jUQGMENT DEBTOR have not agreed to some other way to settle the debt.
� The JUDGMfNT CRED{TOR REQUE5T5 that ifie Court order the JUDGMENT DEBTOR to fill out a financiai
,Disclosure form, and maii it to the )UDGMENT CREDiTOR at the address shown befow.
The statements made in this request are true and
correGt the best of m� ow edge.�
Yt.<r+zTp �.r.
` tS .
1UDG T CREDITOR'S Authoriz d sign ure and tide
Print JUDGMENT CREDtTOR'S Name
d81 S' %�a D 6� n A�
Address
�'t��,� m,� ssrar
cmrsu�e z�v
�s/-4sa- 399�
Telephone -
1UD�CW. D�SiRICT
_ � - .._._ �._ .......�.<..ti.e� + _ ..,..-.��..... ��.�.:::-=W...r..��. " , _.� .� _ d, . ,;;.' - . w � -�=
n�Ka cm� da�rwew� e�,�a �
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-- - - . _ r ." s .'-�"`�_"_ �
COUD7 OF MTNIVESOTA,
TI' �F RAMSEY
°"'�"� CERTIFICATE OF SERVCCE OF PROCESS � J"�/
I hereby certify ttiat on the � day of � L(.
, 19 ��/ in [he Counry of Ramsey, State of ivlinnesota, I duly served the following:
_ Affidavit "
__ Nor'ce of Cancell t'
����t and Order in
Supplementary proceedings
__ Execution & Notice of Lew
� Financial Questionnaire
� Gaznishment Summons
� Motion
_Notice oFMotion
_ Other
��N THE FOLLO WIIVG PARTY:
_ By personally Ieaving a copy with
_$y leaving a copy at the place of
a ion of
Corract for Deed
,_ Orde; [o Show Cause and Ex Patte
Tem�oryry Order for Protection, Pe[ition &
Affi�avit
_____ Ord� ior Harassment Hearing
____ Ordz; .o Sho�v Cause
� Orde: to Shorv Cause/SIS by
Exhibicing Si�nature of the
Hanomble
._ lnteaogatories and Demand for Production of Documents
' �- La� �G
Fct,d �'a � Z – 'Nla�aqtf'
I lefr with
attendanceand ]m ei g
CERTIFIGATE OF NONSERV7CE
ce��l' �at I received the attached civil process on forc
'd that after a due and diligent search and cacefui inqui
the fofiowing p�on(s):
- - . . � I � �� a���
Time and Date:
Sed process is retumed
on Unimown at Address
uch Address
n Moved, New Address Unknown
e � e7�S O Lf
. a - •S"o
s
—�_
$ �SD
/- _-
CERT � C� � ��
sum of $
�_ gamishment/fevy fees
the sum
� � � J � _.�� � �
� � � • ' .�` � r __
�
Date:
�---�..____ �-___—_
_ Petition
_ Subpoena
_ Summons
_ Summons & Complaint
_ Summons & Complaint in
Unlawful Detainer
____ Summons & Petition
_ Writ of Restitution
's usual ayode with
a person of sultable age and discretion then residing therein
witness fees for
: to find or make service of said r
p ocess
ae and Date:
�. _
-^ 4 (5199)
.ro ShoW Cause
MID-NORTkiERN
G.B. CORE, 4NC.
�s.
� �� / / M.S.487.3U
Civil
�ICIAL Dff
Second
a999
Depury ORDER TO
SHOW CAUSE
.
� � ��.,�
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�ry:� _ . �`� �
� �
Upon reading the Affidavit in SuppoR of Order to Show Cause, and upon ail of the files and records and the
motion of the JUDGMENT CREDITOR;
� fT IS ORDERED, that G.B. CORE, INC., the JUDGMENT DEBTOR, personally appear
before the Court at Ramse County Courthouse,�15 W. Ketlogg Blvd., St. Paul, Minnesota 55102
ROOM
. COURTROOM
On December 27 1999 ,at 10:15 (a.m.), and show cause why the JUDGMENT DEBTOR
DATE
should not be ad}'udged in contempt of court for failure to provide the information requested by the Order for
Disclosure.
oated ll /�( � � _
,
. ..'rn.f��� ��' _
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MID-NORTHERN ELECTRIC
�
�_ _
December I, 1999
Commercial. Industrial and Residential Wirina
(
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✓ `s
Ramsey Counry Sheriff
Attn: Civil Process
14 West Kellogg Blvd.
St Paul, MN 55102
Dear Sir:
C;
�;,;- %y3,G'/'
I am zequesting that the Ramsey County SherifF ofFice serve notice of Ordec To Show Cause to
G.B. Core, Inc. I am enclosing the original Order along with a copy . The address of the plainriffbeing
served is 893 Pierce Butler Route E, St Paul, MN.
After the notice is served, please mail the completed forms to my attention in caze of Mid Northem
Electric, 2815 Dodd Road, Suite 101, Eagan, MN 55121.
I am enclosing a check in the amount of $35.80, which is the fee I was quoted.
If you need any more information, please call me at 651-4523996
•
Thaal you
� J 2 '�� ��f�Y.4c-�
em, Lesnau
Qffice Manager
Mid Northem Electric
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?rotect the Earth
Page 1 of 5
�l' L f
� Saint Paul - Ramsey County
�, �epartment of Public Health
J���J�J������ J�J� JJJJJJ� 1��J�JJ� J���JJ����.'��f'�!��Il
��� Protect the Earth
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PROTECT YOUR CONIMUNITY BY MAHING SivIART CHOICES ABOUT:
Household Hazardous Waste Products you use at Home
Many household products you use to clean your kitchen and bathroom, maintain your car and
home, and control animal and insect pests contain hazardous materials. If you use or store
these products carelessly, you can make your family and yourself ill. If you dispose of them
improperly, you can harm waste disposal workers, water quality and wildlife. When these
products are no longer needed or useful, they are considered household hazardous waste
(HHW).
Household hazardous waste (HHW) has at least one of the following properties:
. Toxic - Poisonous or causes long-term illness (such as cancer)
. Reactive - Can explode (when exposed to heat, water or shock)
. Flammable - Burns easily
. Corrosive - Eats through materials (acid, for example).
. If you see these SIGNAL WORDS on a product label:
WARNING! Corrosive �QQP out of reach of
children
Danger'. POISON'. Aispose of properly
Caution Flammable Use with adequate ventilation
THEN:
. Consider buying a less toxic product.
. Read the directions before you buy.
. Follow the directions carefully.
. Read and understand the first aid instructions.
• IF YOU HAVE LEFTOVER PRODUCT:
http://www.co.ramsey.mn.us/PH/pro_erth.htm
10/3/2000
;'rotect the Earth
Page 2 of 5
�1�91
. Keep it in the original container and make sure it is labeled.
� • Store as directed on label, in an area saFe from children & pets.
• Give leftover product (except pesticides) to someone else who can use it up.
. If none of these options �vork, be safe and bring the leftover product to a Ramsey County
Household Hazardous Waste collection site. Call (6�1) 773-4488 for a recorded message
on site locations and operating hours.
DISPOSAL OF HFIW IS COSTLY!
Bringing HHW to collection sites is much better than putting it in the trash, but disposal is
costly. Waste collection and disposal is funded by the waste management service charge which
is paid with the property tax. Sefore you buy, consider the following costs to process and
dispose of:
Latex paint -$5.00 per gallon, Oil base paint -$9.00 per gallon, Gasoline/solvents -$3.45 per
gallon
Remember: it costs less to buy only what you need and to use what you buy.
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WAYS TO RECYCLE HOUSEHOLD HAZARDOUS WASTE:
• FLUORESCENT AND HIGH INTENSITY DISCHARGE (ffiD) LAMPS
. These lamps are very energy efficient and long-lasting. Using them will help lower our
electric bills and may reduce the need to build new power plants. However, fluorescent
and high intensity discharge (HID) lamps also contain a small amount of inercury, a toxic
metal that can affect the nervous system. For this reason, it is now illegal to dispose of
these lamps in the trash. I3ID lamps - such as mercury or sodium vapor lamps - and
fluorescent lamps are now being recycled in Minnesota. The Ramsey County HHW sites
will accept only HOUSEHOLA fluorescent and HID lamps.
. For information on recycling lamps from businesses, call the Saint Paul - Ramsey County
Department of Public Health, Environmental Health Section at (651) 773-4466.
MOTOR OIL AND OTHER AUTOMOTIVE FLUIDS
. In Minnesota, it is illegal to put used motor oil in the trash, on the ground, or in sewers.
State law requires anyone who sells motor oil to either accept used oil or post the nearest
location for used oil drop-of£ Other automotive fluids, such as brake, transmission, or
power steering fluid, must also be recycled, and can be mixed with used oil for recycling.
Oil contaminated with antifreeze or solvents cannot be recycled. Many automotive service
stations now recycle used antifreeze. Used antifreeze may be poured down a sanitary
. sewer (through the toilet or laundry tub drain). Always flush with plenty of water. DO
NOT pour down the drain if your home is connected to a septic system. DO NOT pour
down a stormwater sewer. Take it to a friend's house connected to a sanitary sewer or to
http://www.co.ramsey.mn.us/PH/pro_erth.htm 10/3/2000
Protect the Earth
Page 3 of 5
D/
a service station that accepts antifreeze for recycling. Starting in January, 1997, it will be
illegal to dispose of antifreeze in sanitary sewers.
� . For a listing of used motor oil and antifreeze recycling outlets near you, call (651) 633-
3279 (TTY for the hearing-impaired: 651- 649-3005}.
MOTOR OIL FILTERS
. It is illegal to put used oil filters in the trash. To recycle them, used oil filters should be
thoroughly drained. Some hold up to one quart of oil. Some locations that accept used
motor oil may also accept used oil filters.
. Call (651) 633-3279 �or a list of outlets near you.
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WAYS TO MANAGE MATERIALS NOT ACCEPTED AT COLLECTION SITES:
AMMUNITION AND EXPLOSIVES
. Call your local police department for instructions on safe management.
APPLIANCES
. It is illegal to dispose of washers, dryers, refrigerators, microwave ovens, conventional
• ovens, stoves, ranges, air conditioners, trash compactors, disposals, dishwashers, freezers,
hot water heaters, residential furnaces, and dehumidifiers in the trash. They can be
picked up by an appliance recycler, or taken to a processing center where hazardous
components are removed and the scrap metal is recycled.
. Call (651) 633-3279 (TTY: 651- 649-3005) for names of appliance recyclers or the
location of a certified appliance processing center.
ASBESTO5 WASTE
. Asbestos tile, siding and insulation waste, if removed by a homeowner and not an
asbestos abatement contractor, may be disposed in the trash. For proper disposal, the
waste should be dampened with water, enclosed in one 6-mil or in two 3-mil piastic trash
bags, and labeled: Danger, contains asbestos fiber Avoid creating dust Cancer and lung
disease hazard.
. Ask your trash hauler if they will pick up a household quantity of asbestos waste. If they
do not pick up asbestos waste, call (651) 633-3279 (TTY: 651- 649-3005) for assistance.
. For information on safe ways to remove asbestos-containing material, call the Minnesota
Department of Health at (612) 627-5019.
BATTERIES
• . Lead Acid batteries are car, motorcycle or marine batteries. Under State law, anyone
who sells lead acid batteries must accept up to �ve used batteries, free of charge, even
from non-customers.
http://www.co.ramsey.mn.us/PH1pro_erth.htm 10/3/2000
Protect the Earth
Page 4 of 5
�1-�1
. Button batteries are small, disk-shaped batteries used for hearing aids, watches, and
other small devices. Many retailers (such as PROEX Photo) who sell them accept the used
• batteries for recycling when you purchase new ones. These also can be disposed of in the
trash.
General purpose batteries include alkaline, carbon/zinc, or heavy-duty types, and are
used in toys, flashlights, and portable radios. Most of these batteries are not recyclable. In
Ramsey County, used general purpose batteries can be disposed in the trash.
Rechargeable batteries are a type of reusable general purpose battery. The newer
rechargeable alkaline batteries may be disposed of in the trash. Other types, including
Nickel-Cadmium (or Ni-Cad) batteries, and the appliances that contain them, may not be
disposed of in the trash. The batteries can be taken to one of several outlets (such as
Radio Shack) for recycling. Some places that sell lead acid car batteries may also accept
rechargeable lead acid batteries for recycling.
For a listing of places in Ramsey County that accept lead acid, button, or rechargeable
batteries, call (651) 633-3279 (TTY: 651- b49-3005). If you do not know what type of
battery you have, call the Environmental Section at (651) 773-4444 for assistance.
DffiED PAINT
. Dried latex or oii-based paint may be safely disposed of in the trash. Call (651) 633-3279
(TTY: 651 - 649-3005) for information on how to safely dry latex paint. It is not safe to
dry oil-based paint at home. Instead bring liquid oil-based paint to a household
• hazardous waste collection site.
EMPTY CONTAINERS
. Product containers such as aerosol cans, when they are completely empty, may be safely
disposed in the trash.
NON-HOUSEHOLD BU5INESS WASTES
. The Itamsey County Household Hazardous Waste collection sites accept only household-
produced wastes. Non-household waste that is hazardous must be managed as a business
hazardous waste.
. Call the Saint Paul - Ramsey County Department of Public Health Environmental Health
Section, at (651) 773-4466 for more information.
SMOKE DETECTORS
. Smoke detectors that contain a small amount of radioactive material should be retumed
to the manufacturer for disposal. I£ that is not possible, dispose of detectors in the trash.
TIRES
• . Anyone who sells tires is required to take back as many tires from a customer as that
customer buys. There also are places that will accept used tires for a fee.
http://www.co.ramsey.mn.uslPH/pro_erth.htm 10/3/2000
Protect the Earth Page 5 of 5
� !' q'/
. For information on tire recycling, call (651) 633-3279 (TTY: 651- 649-3005).
� � JJJJ�J�JJ�JJJJJJ�JJJJJJVJ�JJJJJJ� JJJ�JJJJJJ� JJIFOR
MORE INFORNIATION CALL:
.(651) 221-2113 Ramsey County Poison Control, in case of accidental exposure.
.(651) 633-3279 for more information about HfIW and for ways to safely handle HII�V not
listed on these pages. TTY for the hearing impaired: (651) 649-3005
.(651) 773-4488 for a recorded message on hours and locations of Ramsey County's HI�W
collection sites.
•(651) 777-8156 Ramsey County Extension Service, for proper use of garden pesticides.
.(651) 773-4444 Saint Paul - Ramsey County Department of Public Health, Environmental
Health Section, for information on the HHW management program.
� JJ�JJ�JJJJJJJJJJ�JJJJJJ��IJJ� JJJ� JJJJJ� JJJVJ�JJI
MAHING SMART CHOICES WHEN MANAGING YOUR
HOUSEHOLD HAZARDOUS WASTE
WILL PROTECT TAE EARTH
NOW AND FOR FUTURE GENERATIONS.
• L��Return to top of oase
��
•
;.J"1��i �� ':
http://www.co.ramsey.mn.us/PH/pro_erth.htm 10/3/2000
•
6
�
�
sAtNi
PAUL
�
AAAA
CITY OF SAINT PAUL
Norm Co(eman. Ma}•or
SEPTEMBER 21, 1999
TpM O'MEARA
2851 CAVELL AVE S
ST LOUIS PK MN 55426
DEPARTMENT OF FIRE AND SAFETY SERVICES
Timothy K. Fuller, Fire Chief -
DIVISIONOFFIREPREVENTION D 7—� J
Steven Zaccard, Fire Marsha!
� /
jpp E¢st Eleventh Street Telephone: 651-228-6230
Saint Paul, MN 55101 Facsimile: 651-228-6247
RE: 89 PIE �RCE BUTLER ROUTE C 88�893 C No�. o UnIONS
�
Dear Property Representative:
On AUGUST 20, 1999, a Certificate of Occupancy inspection was made of your building at the
above-property location. Approval for occupancy will be granted upon completion of tt�e attached
Corrections List. The items on the list must be corrected immediately. A reinspection will be
made after OCTOBER 21 1999, or as othenvise noted.
Failure to do so may result in a citation or the revocation of the Certi�icate oE Occupancy. Tha
Saint Paul Legislative Code requires the maintenance of a Certificace of Occupancy. The Saint
Paul Legislative Code also provides for the assessment of reinspection fees equal to one-half of
the cercificate fee for each inspection beyond the first reinspection.
AT LIST OF CIES RE T�IR RESPONSIBIL TY A� OF THE
For inquiries about orders or requests for altemative methods of compliance, call me at 228-6235
between 7:30 a.m. - 9:00 a.m. If you consider theseli a�t ons for appeals may be the
may appeal to the Leoislative Heazin,, Officer. App �
City Clerks Oftice, 170 City Hall (266-8989) within 10 davs of the date of the oriRinal orders.
Corrections requiring construction, electrical, plumbing, heating, sprinkler or gas piping woik
must be done under permit and with the approval of the Building Inspection and Desion Division,
350 St. Peter S[reet, Suite 310, Saint Paul, Minnesota 55102, (266-9090).
Please help to make Saint Paul a safer place in which to live and woik.
Sincerely,_, �
' _ _. �,�.� �.��'� sn
,� ry,r
S. J. WING�;-�Pspector - i �
�
Attachment(s)
Cors-3
�l
DEFICIENCY/CORRECTION LIST
SEPTEMBER
�AGE 2
E: 893
21, 1999
PIERCE BUTLER ROUTE 887-893
1. PROVIDE HANDRAIL AT EXTERIOR
STAIRS (889).
34.32(2).
STAIRS, PORCHES, DECKS, RAILINGS.
2. REPLACE BROKEN EXTERIOR WINDOWS
ON BUILDING (893).
34.32 (3) .
EXTERIOR WINDOWS, DOORS.
3. PROVIDE HAZARD SDENTIFICATION
PLACARDS AS PER THE ATTACHMENT
HM-1.
MUFC 8001.7.
704 PLACARDS. PROVIDE HAZARD TDENTIFICATION PLACARDS
AS PER ATTACFIMENT HM-1.
�� . �'yY„s,a�- ;,�u� � �.;� c =.
., .�.��..
:"� �p= ��. �� ��
;� �
��'t".�'k � . ... P
v � �
. �
5. OBTAIN NEW CERTIFICATE OF
OCCUPANCY FOR BUILDING. TENANT
IN $93 REQUIRES A CHANGE OF
OCCUPANCY APPRQVAL FROM BUILDING
DEPARTMENT (266-9090). A NEW
CERTIFICATE OF OCCUPANCY C1�NNOT
BE ISSUED FOR BUILDINC, UNTIL THAT
IS RECEIVED. CONTACT INSPECTOR
FOR ADDITIONAL INFORMATION,
CURRENT CERTTFICATE OF OCCUPANCY
IS NO LONGER VALID.
33.05.
�'
61124
DEFICIENCY/CORRECTION LIST
SEPTEMBER 21, 1999
� AGE 3
E: 893 PIERCE BUTLER ROUTE 887-893
POST CERTIFICATE OF OCCUPANCY/OWNER INFORMATION.
POST CERTIFICATE OF OCCUPANCY IN A VISIBLE LOCATION.
6. PROVIDE ONE-HOUR RATED SEPARATIONS
BETWEEN 893 AND OTHER TENANT
SPACES. CONTACT INSPECTOR.
MUFC APPX 1-A (7},
OCCUPANCY SEPARATIONS.
m�� a � r CS k� � n �b ° 5.° �`R�7
'+.n *;- m,x' ,��'P"ssd�i."'m� ''� .
y �q -_. �+ �' � � Q^'U ew. k+.s'3�rs+9 1 e�fL`:� .
' �N )�'i1����Tyli�� �
J • � i � I � eY0 � �fi � � .
'"°�`�'�''�'^y�, J
y '@
�. � � �
8. REMOVE EXTENSION CORD 893 (AT
RETRACT CORD) A1�TD 889.
MUFC 1107.1.
SPACE HEATERS.
�9. REMOVE OBSTRUCTIONS AT FIRE
EXTINGUISAER IN SHOP (889).
RELOCATE FIRE EXTINGUISHER FOR
FUBL PUMP INSIDE PEDESTRIAN DOOR.
PROVIDE SIGN ON EXTERIOR OF DOOR
'FIRE EXTINGUISHER INSIDE' (889).
�---�
I` \
ol-q/
61124
MUFC 1001.5.1.
FIRE SUPPRESSION SYSTEMS—MAINTENANCE, INSPECTION, TESTING
AND SYSTEMS OUT OF SERVICE.
10. FIRE EXTINGUISHERS MUST BE
SERVICED ANNUALLY AND TAGGED
WITH DATE OF SERVICE (893).
MUFC 1001.5.2.
C�
o�- q �
DEFICIENCY/CORRECTION LIST 61124
SEPTEMBER 21, 1999
�AGE ?
E: 893 PIERCE BUTLER ROUTE 887-893
FIRE SUPPRESSION SYSTEMS-MAINTENACE, INSPECTION, TESTING
FIRE SPRTNKLER TEST. LICENSED CONTRACTOR MUST SERVICE
FIRE PROTECTION SYSTEM ANNUALLY AND PROVIDE WRITTEN
DOCUMENTATION OF SERVICE AND TEST.
FIRE EXTINGUISHER TEST.
11. POST AND ENFORCE 'NO SMOKII3G'
SIGNS ALL AREA OF 893 EXCEPT
OFFICES.
MUFC 7902.1.3.1.
NO SMOKING.
12. PROVIDE SELF-LUMINESCENT EXIT
SIGNS TO LEAD PEOPLE FROM
GARAGE AREA TO OFFICE EXIT IN
893.
MUFC 8001.6.
MSDS SHEETS. PROVIDE MATERIAL SAFETY DATA SHEETS ON ALL
FI,AMMABLE, COMBUSTIBLE, TOXIC, OR HAZARDOUS MATERIALS
OR CHEMICALS ON SITE. KEEP IN AN ORDERLY FASHION AT
A READILY ACCESSIBLE LOCATION. .
• 13. REMOVE OBSTRUCTIONS AT MEZZANINE
STAIRS (893) AND AT EXTERTOR
DOOR (889).
MUFC 1203.
EXIT OBSTRUCTIONS.
14. ALL WASTE/USED OIL SHALL BE
DRAINED INTO AND STORED IN
APPROVED CLOSED CONTAINERS.
CONTACT RAMSEY COUNTY
ENVIRONMENTAL HEALTH 651-773-4466
CONCERNING DRAINING ENGINES,
STORAGE, AND DISPOSAL OF SED
OIL AND RAGS/GLOVES. D
�.
�_ � ...
" ,,,vF��
MUFC 7901.7.5.
�
� � D/��/
DEFICIENCY/CORRECTION LIST 6112a
SEPTEMBER 21, 1999
_PAGE 5
�RE: 893 PIERCE BUTLER ROUTE 887-893
WASTE OIL STORAGE.
15. PROVIDE METAL CONTAINER WITH
TIGHT-FITTING COVER FOR OILY
RAGS P.ND GLOVES STORAGE.
MLTFC 1103.2.1.3.
CONTAINERS/WASTE RAGS.
16. PROVIDE 'EMERGENCY FUEL PUMP
SHUT-OFF INSIDE' SIGN ON EXTERIOR
OF PEDESTRIAN DOOR AT PUMPS AND
DOOR LBADING TO BAY WITIi SWITCH
IN IT. CLEARLY IDENTIFY SWITCH
LOCATION WITH SIGN 'EMERGENCY
FUEL SHUT-OFF' (693).
MUFC 4502.7.
FLAMMABLE LIQL7ID STORAGE/USE.
17. PROVIDE CONTAINMENT AREA FOR
QL3ANTITIES OF USED OIL EXCEEDING
120 GALLONS. MUST HAVE CAPACITY
FOR LARGER CONTAINER IN AREA,
� MINIMUM FOUR INCHES IN HEIGHT,
(893) .
MUFC 7902.5.7.
INTERIOR FLAMMABLE LIQUID STORAGE/QUANTITY.
18. PROVIDE ACCESS TO MED-CAB (887).
MUFC 103.3.
19. REPORTII�SG OF EMERGENCIES. IN THE
EVENT A FIRE OCCURS OR THE
DISCOVERY OF A FIRE, SMOKE OR
UNAUTHORIZED RELEASE OF FLAMMABLE
OR HAZARDOUS MATERIALS ON
PROPERTY OCCURS, THE OWNER OR
OCCUPANT SHALL WSTHOUT DELAY
REPORT SUCFI CONDTTIONS TO TI3E
FIRE DEPARTMENT.
MUFC 1302.2.
.
��"�/
DEFICIENCY/CORRECTION LIST 61124
SEPTEMBER 21, 1999
�AGE 6
E: 893 PIERCE BUTLER ROUTE 887-893
20. MARK ALL INTERIOR AND EXTERIOR
DOORS WHICH ARE BLOCKED BY
STORAGE AS 'DOOR BLOCKED' (893,
889). CONTACT INSPECTOR FOR
LOCATING OF SIGNS.
MUFC 902.3.2.
21. MAINTAIN MINIMUM 24 INCH CLEAR
SPACE FROM TOP OF STORAGE TO
CEILING OR ROOF STRUCTURE (889).
MUFC 1103.3.
22. OXIDIZING AND FLAMMABLE COMPRESSED
GAS SHALL BE SEPARATED BY A
DISTANCE OF AT LEAST 20 FEET OR
BY A NON-COMBUSTIBLE PARTITION
EXTENDING AT LEAST 18 INCHES
ABOVE AND BEYOND THE SIDES OF
STORED CYLINDERS. FLAMMABLE
GASSES SHALL NOT BE STORED WITHIN
FIVE FEET OF EXIT PATHS OR DOORS
• (893) .
MUFC 8001.11.8.
23. MAXIMUM IDEL PALLET STORAGE
HEIGHT IS SIX FEET IN
UNSPRINKLERED BUILDING. LOWER
STORAGE HEIGHT IN 893.
MUFC 81.
24. CONTACT INSPECTOR REGARDING THIS
TRAILER. EXTERIOR STORAGE OF
FLAMMABLE LIQUIDS (IN TRAILER)
EXCEEDING 120 GALLONS AGGREGATE
TOTAL SHALL HAVE ZONING APPROVAL
TO REMAIN IN LOT (651-266-9090)
IF APPROVED TO REMAIN, THEN THE
FOLLOWING ITEMS MUST BE PROVIDED:
1. CONTAINMENT AREA, MINIMUM
FOUR INCHES IN HEIGHT.
2. AIR INLETS WITHIN 12 INCHES OF
FLOOR ON ALL SIDES TO ALLOW
FOR VENTILATION.
3. AIR EXHAUST OPENINGS AT
CEILING TO ALLOW FOR HEAT
EXHAUST.
4. HAZARD IDENTIFICATION PLACARD
. ALL ALL VISIBLE SIDES OF
TRAILER 2-3-1.
MUFC 79.
CITY OF SAINT PAUL
Narm Co[eman, NIa}�or
JUl}'13, 2000
•
Glen E. Berhow
2530 Gemini Road
CTreen Bay, WI 54311
Re: 500 Bush Avenue
Dear Mr. Berhow:
OFFICE OF LICENSE. I\SPECT[O`S A�D
ENVIROV>1E�TAL PROTECTIO`
Roben Kesster, Direcror Q J /j /
� 7
LOWRY PROFESS70.4�L. Te[ephorce: 651-265-9�n�n
B(IILDING Facsimile: 651-266-9u�:/
Suite 30D
350 St. Peter Street
SaintPau(, blinnesota Si1G?-IS/0
The work being done on your building at 500 Bush Avenue, Saint Paul requires permit(s),
and since the use of the buildin� has changed, you would need plan review and approval
before the permit(s) could be issued. Please come to our office within ten business day to
apply for the permit(s) and have the plan review.
Failure to obtain permit(s) may result in legal action.
Sincerely,
Jim West
Building Inspector
•
CITY OF SAINT PAUL
Norm Cotempn, bfa�or
September 6, 2000
•
Glen E. Berhow
2530 Gemini Road
Green Bay, �VI 54311
Re: 500 Busla Avenue
Dear Mr. Berhow:
OFFICE OF LICE�SE, IvSPECTIONS AND
E�'VIRO��IE. iTAL PROTECTIOV
Roben Kest[er, Direaor �
�1
LOWRY PROFESSIO��AL 7elephorse.� 6�1-?66-9✓br�
BUILDI.VG Facsimi[e: 6�7-266-9i.�9
Suite 300
350 Sr. Pzter Street
Sainr Pau(, btiiv�esora 5510?-1310
We have not received any applications for permit(s) for the work being done on your
building at 500 Bush Avenue, Saint Paul, nor has any plan review been done. Please
come to our office within ten business day to apply for the permit(s) and have the plan
review.
Failure to obtain permit(s) will result in legal action.
Sincerely,
3im West
Bt�iZding Inspector
•
C>/'9/
� Chapter 310. Uniform License Procedures
Sec. 310.01. Definitions.
For the purposes of this chapter, any chapter of the I,en slative Code pertaining to licenses as
hereinafter mentioned, and subsequently enacted ordinances establishing ar relating to the
requirements for Class R, for routinely issued licenses, Class T for temporary licenses and Class
N for licenses in which neighbors are required to be notified, under authority of the City of Saint
Paul, the terms defined in this section shall have the meanings ascribed to them:
Adverse action means the revocation or suspension of a license, the imposition of conditions
upon a license, the denial of an application for the grant, issuance or renewal of a license, the
unposition of a Fne, the assessment of the costs of a contested hearing, and any other disci-
plinary or unfavorable action taken with respect to a license, licensee or appiicant for a
license. Adverse action includes any of the foregoing directed at one (1) or more licenses held
by a licensee at any location in the City of Saint Paul. Adverse action also includes disap-
proval of licenses issued by the State of Minnesota under statutory provisions wtuch permit
the governing body to disapprove the issuance oF the license.
Bond means a bond meeting the requirements of section 310.07 and indemnifying the City of
Saint Paul against ali claims, judgments or suits caused by, resulting from or in connection with
any licensed business, activity, premises, thing, facility, occunence or otherwise under these
� chapters.
Building offzcial means the official in the Office of License, Inspections and Environmental Pro-
tection charged with the responsibility of enforcement of the building code.
Chapters and these chapters shall mean this Uniform License Ordinance any chapter of the Leg-
islative Code pertaining to licenses as hereinafter mentioned, and subsequently enacted ordi-
nances establishing or relating to the requirements for Class R, Class T and Class N licenses under
authority of the City of Saint Paul.
Class R licenses means those licenses which can be approved and issued or denied by the director,
subject to the procedures required by these chapters. The following licenses are so classified, and
the numbers shown opposite them coirespond to the chapters in the Legislative Code pertaining to
each license:
Class T licenses means those licenses which must be approved or denied by the director, subject
to the procedures required by these chapters. The foliowing licenses are so classified, and the
numbers shown opposite them correspond to the chapters in the Legislative Code pertaining to
each license:
Class N licenses means those licenses which can be approved or denied only by the council, sub-
. ject to the procedures required by these chapters. The following licenses are so classified, and the
numbers shown opposite them conespond to the chapters in the Legislative Code pertaining to
C> 1
• each license_
Director means the director of the Office of License, Inspections and Environmental Protection,
unless otherwise defined in the specific chapter, section or subdivision refened to.
Division means the Office of License, Inspections and Environmental Protection as the successor
to the former division.
Fee means and includes both the license fee and application fee unless otherwise provided.
Inspector as used in these chapters means the director of the Office of License, Inspections and
Environmental Protection or his or her designee.
License means and includes all licenses and pernuts provided for or covered by these chapters.
License also includes licenses issued by the State of Minnesota under statutory provisions which
pernut the governang body to disapprove the issuance of such licenses, for the puzposes of making
procedures in Chapter 310 of the Legislative Code applicabie to the approval or disapproval of
such licenses.
Person means and includes any person, firm, corporation, partnership, company, organization,
agency, club or any group or association thereof. It shall also include any executor, administrator,
trustee, receiver or other representative appointed by law.
Zoning administrator means the official charged with responsibility for enforcement of the zoning
• code.
(Code 1956, § 510.01; Ord. No. 17085, § 1, 12-6-83; Ord. No. 17303, § 3, 10-29-85; Ord. No.
17569, § 1, 6-7-88; Ord. No. 17919, § 1, 3-31-92; C.F. No. 93-1645, § 8, 12-30-93; C.E No. 94-
46, § 6, 2-2-94; C.E No. 94-500, § 2, 7-6-94; C.E No. 94-898, § 1, 7-13-94; C.E No. 95-473, § 1,
5-31-95; C.F. No. 99-500, § 1, 7-7-99)
Sec. 310.02. Application.
(a) Fornz. All applicants for licenses or pernuts issued pursuant to these chapters shall make both
original and renewal appiications to the inspector on such forms as are provided by the division.
Such applications shall not be received by the inspector until completely filled out, accompanied
by all fees, insurance policies, bonds, deposits, sureties, and indemnifications or certificates
required by these chapters, together with the certification required in paragraph (b) below.
(b) Taxes. No person shall be granted a license or a renewal of a license required by the Saint Paul
Legislative Code unless, prior to and in addition to any other requirements, rules or ordinances
heretofore or hereafter required, the Ramsey County Department of Property Taxation certifies
that said applicant has paid any and all taxes, real or personat, before said ta�es become delin-
quent, on any property, real or personal, situated within the City of Saint Paul and used in conneo-
rion with the business operated under said license.
Notwithstanding the previous paragragh, the council, the director or the inspectar may issue or
• renew a license if it is found that:
01-��
• (1) The applicant has made an agreement satisfactory to the Ramsey County attorney to
pay delinquent taxes in periodic installments;
(2) The applicant has properly commenced a proceeding to contest the amount of tax due
or the valuation of his property, and has made all partial payments required by law in con-
nection with such proceeding; or
(3) The business properiy with respect to which taYes aze delinquent is not owned by the
applicant, but by a lessor, and it would be inequitable to require the lessee to pay such
taYes.
If a license is issued or renewed because of the e�stence of an ag�eement as described in subsec-
tion (1) above, the license may be revoked if the licensee defaults upon such agreement.
(c) Additional information. The inspector shall prescribe the information required to be submitted
by each applicant in his application, in addition to that required by specific sections in these chap-
ters, as may be necessary to carry out and en£orce any provision hereunder. He shall require in
every case the applicant to submit his name; business or corporate name; names of putners, offic-
ers, directors, shareholders or trustees involved in the business; age; address; description or blue-
print of the premises, if any, and the owner thereof, and locations and addresses of other business
locations in Minnesota.
(d) No reapplication within one (I) year after deniad or revocation. No person may apply for any
license within one (1) year of the denial or revocation of the same or similar license by the city
• council, if such denial or revocation was based solely or partially upon misconduct or unfitness of
the applicant, evidence of violations of law involving licensed premises, evidence that the appli-
cant had been involved in the operation of a nuisance, or fraud or decepUon in the license applica-
tion. A license is "similar;' within the meaning of this paragraph, if the basis upon which the
revocation or denial of the original license was made would have been a relevant basis on which
to deny or revoke a license of the type subsequently applied for.
(e) Reapplication after denial; "interest" of applicant in revoked license. An application by a per-
son having an interest in, ar whose shareholders or officers have an interest in, any premises or
enterprise whose license has been revoked or to which a license has been denied shall be treated
as an application by the person whose license was denied or revoked. The term "interest," as used
in this pazagraph, includes any pecuniary interest in the ownership, operaUOn, management or
profits of an establishment, but does not include: bona fide loans; bona fide rental agreements;
bona fide open accounts or other obligations held wifh ar without security arising out of the ordi-
nary and regular course of business of selling or leasing merchandise, fixtures or supplies to such
establishment; an interest in a corparation owning or operafing a hotel but havang at least one hun-
dred fifty (150) or more rental units holding a license in conjunction therewith; or ten (10) percent
or less interest in any other corporation holding a license.
(f j Prohibition on reapplication; exception. The prohibition on reapplication herein provided shall
not apply in cases where it is otherwise expressly provided by statute or ordinance.
• (g) Waiting period after filing of petition. Any petition required to be filed with the application for
any license shall not be considered as officially filed and arrevocable until seven (7) working days
o�-q�
. after a petition is received in the inspector's office. During the seven-day waiting period, any sig-
nator of any petition may withdraw his name therefrom by written request, and such request shall
be appended to the subject perition and made a part thereo£ After the seven-day waiting period,
signatures may not be withdrawn unless it is shown they were obtained by fraud or duress. Signa-
tures withdrawn or obtained by fraud or duress shail not be counted in determining the sufficiency
of the petirion. This subdivision shall apply in any case where the applicant for a license must
present a statement in writing signed by a specified number or percentage of persons that they
have given their consent to the grant of the license.
(Code 1956, § 510.02; C.F. No. 95-473, § 2, 5-31-95}
Sec. 310.03. Investigation and review of new applications, etc.
The inspector shall deternune the sufficiency and accuracy of each new applicarion and obtain
such criminal history information as may be used under Minnesota Statutes, Chapter 364, and is
otherwise available by law. The inspector shall make reasonable and appropriate investigation of
the premises or personal property, vehicles or facilities, as may be involved in or related to the
licensed activity, and shall request, where appropriate, the assistance of other city divisions or
departments in making additional investigations for the purpose of deternuning whether the appli-
cant is or will be in compliance with all applicable ordinances and statutes. The approval of such
other divisions or departments is not required for issuance of a license unless otherwise required
by specific sections in these chapters. All new applications shall be reviewed by the zoning
� administrator or his designee for compliance with all requirements of the Saint Paul Zoning Code,
and no new license shall be granted without full compliance with said requirements. All new
applications involving a premises, location, building or structure shall be referred to the director
of the department of fire and safety services and to the building official for investigation and reo-
ommendation.
(Code 1956, § 510.03; Ord. No. 17361, § 1, 6-5-86)
Sec. 310.04. Levels of approval; recommendations.
(a) Class R licenses. Where an application for the grant, issuance or renewal of a Class R]icense
meets all the requirements of law, and there exists no ground for denial, revocation or suspension
of, or the imposition of conditions upon, such license, the director shall grant, issue or renew said
license in accordance wath the application.
(b) Class T licenses. Where an application for the grant, issuance or renewal of a Class T license
meets all the requirements of law, and there exists no ground for denial, revocation or suspensaon
of, or the imposition of conditions upon, such license, the director shall grant, issue or renew said
license in accordance with the application.
(c) Class R and Class T licenses, if denied by director. In the event the director, in the case of both
Class R and Class T licenses, determines that the application for grant, issuance or renewal of the
license does not meet all the requirements of law or that there exist grounds for denial, revocation,
• suspension or other adverse action against the license or the licensee, the director shall recom-
mend denial of the application and follow the procedures for notice and hearing as set forth in sec-
•
�
Lion 310.05.
(d) Class N dicenses.
o/-q�
(1) Grant, issuance or transfer. Upon receipt of a fully completed application and required
fees for a Class N license, the director shali conduct such investigation as is required to
determine whether the application meets all the requirements of law or whether there exist
gFounds for denial or imposition of conditions on the license. The director shail, in writ-
ing, notify the council, and the affected neighborhood organization(s) established for citi-
zen participation purposes, of the existence of the application for all Class N licenses. In
any case where the directar recommends denial of the grant, issuance or renewal of a
Class N license, the director on his or her own initiative, or at the direction of the council,
shall follow the procedures for notice and hearing as set forth in section 310.05. If the
director is recommending issuance of the license, but the affected neighborhood organiza-
tion(s) or other interested persons give notice within thirty (30) days of receipt of notice of
the existence of the application (or within forty-five (45) days if the application involves a
liquor license) of objection to issuance of the license, the matter shall be refened for a
hearing before the legislative hearing officer, who shall give notice of the time, place and
date of the hearing to the affected neighborhood organization(s) and the applicant. The
legislative hearing officer shall take testimony from a11 interested persons and shall make a
recommendation to the council as to whether the matter should be referred for a hearing
before an independent hearing examiner in accordance with the procedures set forth in
section 310.05. Where the application for the grant, issuance or renewal of a Class N
license meets all the requirements of law, and where there exists no ground for adverse
action, the director shall issue such license in accordance with law.
(2) Renewal. The director shall in writing notify the council, and the affected neighbor-
hood organizarion(s) established for citizen participation purposes, at least sixty (60) days
before the expiration date of all Class N licenses. A public hearing on the renewal of any
such license shall not be held except on the request of a councilmember, which request
shall be incorporated in the form of a council resolution. Upon the passage of such resolu-
tion, the director shall give written notice of such hearing to the affected neighborhood
organizations. Such public hearing does not replace or amend any of the procedures set
forth in section 310.05 of the Legislative Code. If no request for a public hearing is made
before the expiration of any such license, and where there exists no ground for adverse
action, the director shall issue the license in accordance with law.
C�
(e) Appeal; Class R or Class T licenses. An appeal to the city council may be taken by any person
aggrieved by the grant, issuance or renewal of a Class R or Class T license; provided, however,
that the appeal shall have been filed with the city clerk within thirty (30) days after the action by
the director. The only grounds for appeal shall be that there has been an error of law in the grant,
issuance or renewal of the license. The appeal shall be in wriring and shall set forth in particular
the alleged errors of law. The council shall conduct a hearing on the appeal within thirty (30) days
of the date of filing and shall norify the licensee and the appellant at least ten (10) days prior to the
hearing date. The procedures set forth in section 310.05, insofar as is practicable, shall apply to
this hearing. Foliowing the hearing, the council may afFirm or remand the matter to the inspector
or director, or may reverse or place conditions upon the license based on the counciPs deternuna-
� l-q�
� tion that the decision was based on an error of law. The filing of an appeai shall not stay the issu-
ance of the license.
(fl No waiver by renewal. The renewal of any license, whether Class R, T or N, shall not be
deemed to be a waiver of any past violations or of any grounds for imposition of adverse action
against such license.
(Code 1956, § 510.04; Ord. No. 17455, § 1, 5-21-87; Ord. No. 17551, § 1, 4-19-88; C.F. No. 94-
500, § 1, 7-6-94; C.E No. 95-473, § 3, 5-31-95; C.F. No. 95-1517,1-31-96; C.F. No. 97-1446, § 1
12-30-97; C.F. No. 99-500, § 2, 7-7-99)
Sec. 310.05. Hearing procedures.
(a) Adverse action; nofice and hearing requirements. In any case where the council may or
intends to consider any adverse action, including the revocation or suspension of a license, the
imposition of conditions upon a license, or the denial of an application for the grant, issuance or
renewal of a license, or the disapproval of a license issued by the State of Minnesota, the applicant
or licensee shall be given notice and an opportunity to be heard as provided herein. The council
may consider such adverse actions when recommended by the inspector, by the director, by the
director of any executive department established pursuant to Chapter 9 of the Charter, by the city
attorney or on its own initiarive.
(b) Notice. In each such case where adverse action is or will be considered by the council, the
� applicant or licensee shall have been notified in writing that adverse action may be taken against
the license or application, and that he or she is entitled to a hearing before action is taken by the
council. The notice shall be served or mailed a reasonable time before the hearing date, and shall
state the place, date and time of the hearing. The notice shall state the issues involved or grounds
upon which the adverse action may be sought or based. The council may request that such written
notice be prepared and served or mailed by the inspector or by the city attorney.
(c) Hearing. Where there is no dispute as to the facts underlying the violation or as to the facts
establishing mitigating or aggravaring circumstances, the hearing shall be held before the council.
Otherwise the hearing shall be conducted befare a hearing examiner appointed by the council or
retained by contract with the city for that purpose. The applicant or the licensee shall be provided
an opportunity to present evidence and argument as well as meet adverse testimony or evidence
by reasonable cross-examination and rebuttal evidence. The hearing examiner may in its discre-
tion pernut other interested persons the opportunity to present testimony or evidence ar otherwise
participate in such hearing.
(c-1) Procedure; hearing examiner. The hearing examiner shall hear all evidence as may be pre-
sented on behalf of the city and the applicant or licensee, and shall present to the council written
findings of fact and conclusions of law, together with a recommendation far adverse action.
The council shall consider the evidence contained in the record, the hearing examiner s recom-
mended findings of fact and conclusions, and shall not consider any factual testimony not previ-
� ously submitted to and considered by the hearing examiner. After receipt of the hearing
examiner s findings, conclusions, and recommendations, the council shall provide the applicant or
ol-ql
• licensee an opportunity to present oral or written arguments alleging error on the part of the exam-
iner in the application of the law or interpretation of the facts, and to present argument related to
the recommended adverse acrion. Upon conclusion of that hearing, and after cottsidering the
record, the examiner's findings and recommendations, together with such additional arguments
presented at the hearing, the council shall determine what, if any, adverse action shall be taken,
which action shaIl be by resolution. The council may accept, reject or modify the findings, con-
clusions and recommendations of the hearing examiner.
{o-2) Ex parte contacts. If a license matter has been scheduled for an adverse hearing, council
members shall not discuss the license matter with each other or with any of the parties or inter-
ested persons involved in the matter unless such discussion occurs on the record during the hear-
ings of tt�e matter or during the council's final deliberations of the matter. No interested person
shall, with knowledge that a license matter has been scheduled far adverse hearing, convey or
atTempT to convey, orally or in writing, any information, argument or opinion about the matter, or
any issue in the matter, to a council member or his or her staff unul the council has taken final
action on the matter; provided, however, that nothing herein shall prevent an inquiry or communi-
cations regarding status, scheduling or procedures concerning a license matter. An interested per-
son, for the purpose of this paragraph, shall mean and include a person who is an officer or
employee of the licensee which is the subject of the scheduled adverse hearing, or a person who
has a financial interest in such licensee.
� (d) Licensee or applicant may be represented_ The ]icensee or applicant may represent himself or
choose to be represented by another.
(e) Record; evidence. The hearing examiner shall receive and keep a record of such proceedings,
including testimony and exhibits, and shall receive and give weight to evidence, including heaz-
say evidence, which possesses probarive value commonly accepted by reasonable and prudent
persons in the conduct of their affairs.
(� Council action, resolution to contain fcndings. Where the council takes adverse acrion with
respect to a license, licensee or applicant for a license, the resolution by which such action is
taken shall contain its findings and detemunation, including the imposition of conditions, if any.
The council may adopt all or part of the findings, conclusions and recommendations of the heaz-
ing examiner, and incorporate the same in its resolution taking the adverse action.
(g) Additional procedures where required. Where the provisions of any statute or ordinance
require additional notice or hearing procedures, such provisions shall be compiied with and shall
supersede inconsistent provisions of these chapters. This shall include, without limitation by rea-
son of this specific reference, Minnesota Statutes, Chapter 364 and Minnesota Statutes, Section
340A.415.
(h) Discretion to hear iaotwithstanding withdrawal or surre:zder of application or license. The
council may, at its discretion, conduct a hearing or direct that a hearing be held regazding revoca-
tion or denial of a license, notwithstanding that the applicant or licensee has attempted or pur-
� ported to withdraw or surrender said license or application, if the attempted withdrawal or
D1�q�
• surrender took place after the applicant or licensee had been notified of the hearing and potential
adverse action.
(i) Continuances. Where a hearing for the purpose of considering revocation or suspension of a
license or other disciplinary action involving a license has been scheduled before the council, a
conrinuation of the hearing may be granted by the council president or by the council at the
request of the licensee, license appiicant, an interested person or an attomey representing the fore-
going, upon a showing of good cause by the party making the request.
(j) If the council unposes an adverse action as defined in secrion 310.01 above, a generic notice of
such action shall be prepazed by the license inspector and posted by the licensee so as to be visible
to the public during the effective period of the adverse action. The licensee shall be responsible
for taking reasonable steps to make sure the notice remains posted on the front door of the
licensed premises, and failure to take such reasonable precautions may be grounds for further
adverse action.
(k) Imposition of costs. The councii may impose upon any licensee or license applicant some or
all of the costs of a contested hearing before an independent hearing examiner. The costs of a con-
tested hearing include, but are not limited to, the cost of the administrative law judge or indepen-
dent hearing examiner, stenographic and recording costs, copying costs, city staff and attorney
time for which adequate records have been kept, rental of rooms and equipment necessary for the
hearing, and the cost of expert witnesses. The council may impose all or part of such costs in any
� given case if (i) the position, claim or defense of the licensee or applicant was frivolous, arbitrary
or capricious, made in bad faith, or made for the purpose of delay or harassment; (ii) the nature of
the violation was serious, or involved violence or the threat of violence by the licensee or employ-
ees thereof, or involved the sale of drugs by the licensee or employees thereof, and/or the circum-
stances under which the violation occurred were aggravated and serious; (iii) the violation created
a serious danger to the public health, safety or welfare; (iv) the violation involved unreasonable
risk of hann to vulnerable persons, or to persons for whose safety the licensee or applicant is or
was responsible; (v) the applicant or licensee was sufficiently in controi of the situation and there-
fore could have reasonably avoided the violation, such as but not limited to, the nonpayment of a
required fee ar the failure to renew required insurance policies; (vi) the violation is covered by the
matrix in section 409.26 of the Legislative Code; or (vii) the violation involved the sale of ciga-
rettes to a minor.
(1) Imposition of fznes. The council may impose a fine upon any licensee or license appli-
cant as an adverse license action. A fine may be in such amount as the council deems rea-
sonable and appropriate, having in mind the regulatory and enforcement purposes
embodied in the particulaz licensing ordinance. A fine may be in addition to or in lieu of
other adverse action in the sole discretion of the council. To the extent any other provision
of the Legislative Code provides for the imposition of a fine, both provisions shall be read
together to the extent possible; provided, however, that in the case of any conflict or
inconsistency, the other provision shall be controlling.
(Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88;
� Ord. No. 17659, § l, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. No. 94-46, § 7, 2-2-94;
�1
• C.E No. 94898, §§ 2, 3, 7-13-94; C.E No. 94-1340, § 2, 10-19-94; C.F. No. 95-473, § 4,
5-31-95)
Sec. 310.06. Revocation; suspension; adverse actions; imposition of conditions.
(a) Council may take adverse action. The council is authorized to take adverse action, as defined
in secrion 310.01 above, against any or all licenses or permits, licensee or applicant for a license,
as provided in and by these chapters. Adverse actions against entertainment licenses issued under
Chapter 411 of the Legislative Code may be initiated for the reasons set forth in subsecrion (b)
below, or upon any lawful grounds which are communicated to the license holder in writing prior
to the hearing before the council. Such actions shall be initiated and carried out in accordance
with the procedures outlined in section 310.05; provided, however, that the formal notice of hear-
ing shall be used to initiate the adverse action without the use of prior procedural steps.
(b} Basis for action. Such adverse action may be based on one (1) or more of the following rea-
sons, which are in addition to any other reason specifically provided by law or in these chapters:
(1) The license or pernut was procured by misrepresentauon of material facts, fraud,
deceit or bad faith.
(2) The applicant or one acting in his or her behalf made oral or written misstatements or
misrepresentations of material facts in or accompanying the application.
(3) The license was issued in violarion of any of the provisions of the Zoning Code, or the
premises which are licensed or which are to be licensed do not comply with applicable
� health, housing, fire, zoning and building codes and regulations.
(4) The license oz permit was issued in violation of law, without authority, or under a
material mistake of fact.
(5) The licensee or applicant has failed to comply with any condition set forth in the
license, or set fofth in the resolution granting or renewing the license.
(6) a. The licensee or applicant (or any person whose conduct may by law be
imputed to the licensee or applicant) has violated, or performed any act which is a
violation of, any of the provisions of these chapters or of any statute, ordinance or
regulation reasonably related to the licensed activity, regardless of whether crimi-
nal charges have or have not been brought in connection therewith;
b. The licensee or applicant has been convicted of a crime that may disqualify said
applicant from holding the license in question under the standards and procedures
in Minnesota Statutes Chapter 364; or
c. The licensee or applicant (or any person whose conduct may by law be imputed
to the licensee or applicant) has engaged in or permitted a pattern or practice of
conduct of failure to comply with laws reasonably zelated to the licensed activity
or from which an inference of lack of fitness or good character may be drawn.
(7) The activities of the licensee in the licensed activiry created or have created a serious
danger to the public health, safety or welfue, or the licensee performs or has performed
his or hez work or activity in an unsafe manner.
. (8) The licensed business, or the way in which such business is operated, maintains or per-
01-��
• mits conditions that unreasonably annoy, injure or endanger the safety, health, morals,
comfort or repose of any considerabie number of inembers of the public.
(9) Failure to keep sidewalks or pedestrian ways reasonably free of snow and ice as
required under Chapter 114 of the Saint Paul Legislarive Code.
(10) The licensee or applicant has shown by past misconduct or unfair acts or dealings:
physical abuse, assaults or violent actions done to others, including, but not limited to,
actions meeting the definition of criminal sexual conduct pursuant to Minnesota Statutes
Secrions 609.342 through 6093451; sexual abuse, physical abuse or maltreatment of a
child as defined in Minnesota Statutes Secrion 626.556, subdivisions 2 and 10e, including,
but not limited to, acts which constitute a violation of Minnesota Statutes Sections 609.Q2,
subdivision 10; 609321 through 6093451; or 617.246; neglect or endangerment of a child
as defined in Minnesota Statutes Section 626.557, subdivision 2; the manufacture, distri-
bution, sale, gift, delivery, transportation, exchange or barter of a controlled substance as
defined in Minnesota Statutes Chapter 152; the possession of a controlled substance as
defined in Minnesota 5tatutes Chapter 152 in such quantities or under circumstances giv-
ing rise to a reasonable inference that the possession was for the purpose of sale or distri-
bution to others; or by the abuse of alcohol or other drugs, that such licensee or applicant
is not a person of the good moral character or fitness required to engage in a licensed
activity, business or profession.
(11) The licensee or applicant has materially changed or pernvtted a material change in the
design, construction or configuration of the licensed premises without the prior approval
� of the city council in the case of Class N licenses, the director in the case of Class T
licenses, and the inspector in the case of Class R licenses, or without first having obtained
the proper building pernuts from the city.
(12) The licensee or applicant has violated section 294A1 of the Legislative Code, or has
made or attempted to make a prohibited ex parte contact with a counci] member as pro-
vided in section 310.05(o-2) of the Legislative Code.
The terms "licensee" or "applicant" for the purpose of this section shall mean and include
any person who has any interest, whether as a holder of more than five (5) percent of the
stock of a corporation, as a partnez, or otherwise, in the premises or in the business or
activity which are licensed or proposed to be licensed.
With respect to any license for activities entitled to the protection of the First Amendment,
notwithstanding the faregoing provisions, neather the lack of good moral chazacter or fit-
ness of the licensee or applicant nor the content of the protected speech or matter shall be
the basis for adverse action against the license or applicarion.
(c) Imposition of reasonable conditions and/or restrictions. When a reasonable basis is found to
impose reasonabie conditions and/or restrictions upon a license issued or held under these chap-
ters, any one (1) or more such reasonable conditions andior restrictions may be imposed upon
such license for the purpose of promoting public health, safety and welfare, of advancing the pub-
lic peace and the elimination of conditions or actions that constitute a nuisance or a detriment to
the peaceful enjoyment of urban life, or promoting security and safety in nearby neighborhoods.
• Such reasonable conditions and/or restrictions may include or pertain to, but are not limited to:
o1-q�
• (1) A limitation on the hours of operation of the licensed business or estabiishment, or on
particular types of activities conducted in or on said business or establishment;
(2) A limitarion or restriction as to the location within the licensed business or establish-
ment where particular type of activities may be conducted;
(3) A limitation as to the means of ingress or e�ess from the licensed establishment or its
pazking lot or immediately adjacent azea;
(4) A requirement to provide ofF street parking in excess of other requirements of law;
(5) A limitation on the manner and means of advertising the operation or merchandise of
the licensed establishment;
(6) Any other reasonable condition or restriction limiting the operation of the licensed
business or establishment to ensure that the business or establishment will harmonize with
the character of the area in which it is located, or to prevent the development or continua-
tion of a nuisance.
The inspector may impose such conditions on Class R licenses with the consent of the license
holder, or may recommend the imposition of such conditions as an adverse action against the
license or licenses; the inspector has the same power with respect to Class T licenses. The council
may impose such conditions on Class N licenses with the consent of the license holder, or upon
any class of license as an adverse action against the license or licenses following notice and hear-
ing as may be required. Such conditions may be imposed on a license or licenses upon issuance or
• renewal thereof, or upon and as part of any adverse action against a license or licenses, including
suspension. Conditions imposed on a license or licenses shall remain on such licenses when
renewed and shall continue thereafter until removed by the council in the case of conditions on
Class N licenses or conditions imposed by adverse action, and by the inspector in the case of
Class R and T licenses.
(d) Standards for multiple license determination. In any case in which the council is authorized to
take adverse action against less than all of the licenses held by a licensee, or applied for by an
applicant, the following standards may be used:
(1) The nature and gravity of the grounds found by the council to exist upon which the
adverse action would be based;
(2) The policy and/or regulatory goals for the particular licenses involved, either as
embodied in the I,egislative Code or as found and deternuned by the council;
(3) The intenelationship of the licenses and ttieir relative importance to the overall busi-
ness enterprise of the licensee or applicant;
(4) The management practices of the licensee or applicant with respect to each of such
licenses;
(5) The extent to which adverse action against less than all of the licenses or applications
would result in difficulty in enforcing and monitoring the adverse action taken;
(6) The hazdship to the licensee or applicant that would be caused by applying adverse
. action to all licenses or applications; and
° ql
• (7) The hardship and/or danger to the public, or to the public health and welfaze, that
would result from adverse action against less than all of the licenses or applications.
(Code 1956, § 510.06; Ord. No. 17584, § 1, 8-25-88; Ord. No. 17657, § 15, 6-8-89; Ord.
No. 17659, § 2, 6-13-89; Ord. No. 17901, §§ 2, 3, 1-14-92; Ord. No. 17917, §§ 2, 3, 3-31-
92; Ord. No. 17922, § 1, 4-28-92; C.E No. 94-500, § 3, 7-6-94; C.E No. 94-1340, § 3, 10-
19-94; C.F. No. 95-473, § 5, 5-31-95; C.F. No. 99-500, § 3, 7-7-99)
Sec. 310.07. Terminarion of licenses; surety bonds; insurance contracts.
(a) Automatic termination, reinstatement; responsibility of Zicensee. All licenses or pernvts which
must, by the provisions of these chapters or other ordinances or laws, be accompanied by the fil-
ing and maintenance of insurance policies, deposits, guazantees, bonds or certifications shall auto-
matically ternunate on cancellation or withdrawal of said policies, deposits, bonds or
certifications. No licensee may continue to operate or perform the 13censed activity after such ter-
mination. The licensee is liable and responsible for the filing and maintenance of such policies,
deposits, guarantees, bonds or certifications as are required in these chapters, and shall not be
entitled to assert the acts or omissions of agents, brokers, employees, attorneys or any other per-
sons as a defense or justification for failure to comply with such filing and maintenance require-
ments. In the event the licensee reinstates and files such policies, deposits, bonds or certifications
within thirty (30) days, the license is automaticaily reinstated on the same terms and conditions,
and for the same period as originally issued. After thirty (30) days, the applicant must reapply for
� a renewal of his license as though it were an original application.
(b) Bonds and insurance requirements:
(1) Surety Companies: All surety bonds running to the City of Saint Paul shall be written
by surety companies authorized to do business in the State of Minnesota. All insurance
policies required by these chapters shall be written by insurance companies authorized to
do business in the State of Minnesota.
(2) Approved as to Form: All bonds filed with fhe City of Saint Paul in connection with
the issuance of licenses for whatever purpose, and all policies of insurance required to be
filed with or by the City of Saint Paul in connection with the issuance of licenses for any
purpose whatsoever, shall first be approved as to form by the city attomey.
(3) Uniform Endorsement: Each insurance policy required to be filed pursuant to these
chapters shall contain the endorsement set forth in Chapter 7 of the Saint Paul I.egislative
Code.
(4) Conditions: All bonds required by these chapters shall be conditioned that the licensee
shall observe all ordinances and laws in relation to the licensed activity, business, pre-
mises or facilities and that he shall conduct all such activities ar business in confornvty
therewith. Such bonds shall also indemnify the City of Saint Paul against all claims, judg-
ments or suits caused by, resulting from or in connection with the licensed business, pre-
mises, activity, thing, facility, occurrence or otherwise licensed under these chapters.
(c) Termination of bonds and insurance required by city. Ternunation of bonds and insurance
. required to be filed with the city pursuant to these chapters shall be in accordance with the
requirements of Chapter 8 of the Saint Paul Legislative Code.
D1- ��
• (d) Expirarion date to be concurrent with term of Zicense or pernzit. The expiration date of all such
policies, bonds, guarantees or certifications shall be concurrent with the expiration date of the
license or permit.
(Code 1956, § 510.07)
Sec. 310.08. Terms of licenses; uniform dates.
(a) All licenses or permits shall be valid for a period of one (1) year from the date of issuance by
the anspector, except as otherwise provided herein or in these chapters or in cases of revocation,
suspension or termination under section 310.06.
(b) Licensees may continue to operate their business after the expiration date of their license; pro-
vided, that the licensee has filed with the inspector on or before the expiration date the appropriate
license application, license fees, insurance and bonds. The inspector shall process the renewal
application in the mannez provided for in this Code.
(c) Whenever any licensee is the holder of the two (2) or more licenses of the City of Saint Paul
which expire on different dates, the inspector is authorized, at the request of the licensee, to deter-
mine a uniform date for the expiration of all or any number of such licenses, notwithstanding the
term and expiration dates of such licenses as originally issued, and notwithstanding any provision
as to term of license of any ordinance of the city heretofore or hereafter enacted. The provisions
hereof shall govern the issuance of any new license to one already holding a license.
� (d) In order to conform to the foregoing provisions, new ]icenses may be issued for a term of less
than one (1) yeaz, and the license fee therefor shall be prorated for the period of issuance.
(Code 1956, § 510.08; Ord. No. 17360, § 1, 6-5-86)
Sec. 310.09. Fees.
(a) Exempt organizations. The L.egislative Code exempts certain organizations from paying the
customary license or pernut fees or establishes a nominal fee of less than seven dollars ($7.00).
The terms and conditions of such exemptions are stated within the applacable chapters. Such orga-
nizations shall pay a five dollars ($5.00) minimum processing fee for each and every application
far a license or pernut to be issued by the division manager, director or council of the city.
(b) Fee schedule. The council may by ordinance deternrine and establish one (1) fee schedule for
any or all licenses and pernuts issued pursuant to these chapters, and a sepazate fee schedule for
applications for such ]icenses and permits, which may include fees to cover costs incurred by rea-
son of the late filing. Such fees, in either schedule, shall be reasonably related to the costs of
administration incurred in connection with each such application, license or pernut. Costs of
administration shall mean and include, but without limitalion by this specification, both direct and
indirect costs and expenses, such as salaries, wages, benefits and all personnel costs including
training, seminars and schooling, expenses of investigations and inspections, handling of inquiries
and requests for assistance, telephone and communications, stationery, postage, paper, reproduc-
• tion, office capital equipment and all ofFice supplies. Such fee schedules as adopted by ordinance
and posted in the office of the inspector shall supersede inconsistent fee provisions in these chap-
D1-R/
• ters or in other ordinances or laws.
(c) Fee for one year; may be prorated. Unless otherwise specifically provided, the license fee
stated is for a period of one (1) yeat Such fee may be prorated where a license is issued for a
period of less than a year.
(d) Late fee. Unless otherwise specifically provided by the particular licensing provisions
involved, an applicant for the renewai of a license who makes application for such renewal after
the expirarion date of such license shall be charged a late fee for each such license. The late fee
shall be in addition to any other fee or payment required, and shall be ten (10) percent of the
annual license fee for such license for each thirty-day period or portion thereof which has elapsed
after the expiration date of such license. The late fee shall not exceed fifty (50) percent of the
annual license fee. If any provision of these chapters imposes more stringent or additional require-
ments for the issuance of an original license than would be the case for mere renewal, those
requirements must be met when the license has lapsed by reason of expiration.
(Code 1956, § 510.09; Ord. No. 16884, 2-11-82; Ord. No. 17802, § 1, 1-10-91)
Sec. 310.10. Refunds of fees.
(a) Refund where application withdrawn or denied; service charge. Unless otherwise specifically
provided by the particulaz licensing provisions involved, where an application for any license is
withdrawn or denied, the inspector shall refund to the applicant the license fee submitted less a
. service charge to recover in part the costs incurred in processing the application in the amount of
twenty-five (25) percent of the annual license fee.
(b) Limitation on refund; other cases. In all other cases as provided in paragraph (c), the inspector
may refund not to exceed one hundred dollazs ($100.00) of fees received in connection with any
license, perxnit or application therefor; provided, that he certify in writing that the amount of the
refund represents a sum over and above the reasonabie costs of administration incurred up to that
time in connection with said license, permit or application. The director may refund not to exceed
two hundred fifty dollars ($250.00) of such fees upon a like certification by the inspector. The
council may by resolution authorize all refunds upon a like certification by the inspector.
(c) Bases for refunds. Refunds under paragraph (b) may be made to the licensee or his estate:
(1) Where the place of business of the licensee or his principal equipment is destroyed or
so damaged by fire or any other cause that the licensee ceases for the remainder of the
licensed period to engage in the licensed activity or business;
(2) Where the business or licensed activity ceases by reason of the death or illness of the
licensee or the sole employee or manager; or
(3) Where it has become unlawfui for the licensee to continue in the business or licensed
activity other than by revocation, suspension, denial or any criminal activity on the part of
the licensee.
(Code 1956, § 510.10)
• Sec. 310.11. 'lY�ansfers; general.
�1-q1
• (a) License a privilege, not property. All licenses or permits issued by the City of Saint Paul pur-
suant to these chapters or other ordinances or laws confer a privilege on the licensee to engage in
the activity or occupation so licensed, and do not constitute property or property rights or create
any such rights in any licensee. No such license or permit may be seized, levied upon, attached,
executed upon, assessed or in any manner taken for the purpose of satisfaction of any debt or obli-
gation whatever.
(b) Licenses not transferable; conditions. Notwithstanding any other provision of the Saint Paul
Legislative Code to the contrary, no licenses issued by the City of Saint Paul shall be transferable.
(c) Transfer; defznition. "Transferable" means the ability to transfer a license or licenses
from one (1) person to another, or from one (1) location to another. "Transfer," as used in
these chapters, shall include a transfer from person to person, or from place to place, or a
transfer of stock in a coxporate licensee, or of shares or interests in a partnership or other
legal entity. "Transfer," as used in these chapters, shall not include the instance where a
license is held by an individual or partnership and the transfer is by said individual or part-
nership to a corporation in which the majority of the stock is held by said individual or by
the members of said partnership.
(d) Deceased licensee. Notwithstanding any other provision of these chapters, in any case where a
liquor license is held by a person not incorporated and where the license would, by reason of the
death of said licensee, lapse to the city in the absence of this paragraph, the authorized representa-
tive of the estate of the deceased licensee may consent to and seek to reissue said license to the
. beneficiary to the licensed establishment. The reissuance shall be subject to all applicable require-
ments of these chapters and exisring law.
(Code 1956, § 51011; Ord. No. 16822, 9-3-81; Ord. No. 17551, § 3, 4-19-88; C.E No. 95-473, §
6, 5-31-95)
Sec. 310.12. Inspection of premises.
The premises, facilities, place, device or anything named in any license issued pursuant to any
provision of the Saint Paul Legislative Code or other law shall at all times while open to the pub-
lic or while being used or occupied for any purpose be open also to inspection and examination by
any police, fire, ar health officer or any building inspector of the city, as well as the inspector.
(Code 1956, § 510.12)
Sec. 310.13. Renewal.
Every license renewal under these chapters may be denied for any licensee who is delinquent in
any payment or contribution to a health and welfare trust or pension trust, or similar program,
established for the benefit of his employees.
(Code 1956, § 510.13)
Sec. 310.14. Savings clause.
. (a) If any provision in these chapters is held unconstitutional or invalid by a court of competent
jurisdiction, the invalidity shall extend only to the provision involved and the remainder of these
�1-9�
• chapters shall remain in force and effect to be construed as a whole.
(b) The repeal of any ordinance by this ordinance (which enacts the Uniform License Ordinance)
shall not affect or impair any act done, any rights vested or accmed, or any suit, proceeding or
prosecurion had or commenced in any matter, prior to the date this ordinance became effective.
Every such act done or right vested or accrued shall remain in full force and effect to all intents
and purposes as if the repealed ordinances had themselves remained in force and effect. Every
such suit, proceeding or prosecution may be continued after repeal as though the repealed ordi-
nances were fully in effect. A suit, proceeding or prosecution which is based upon an act done, a
right vested or accrued, or a violation committed prior to repeal of the repealed ardinances, but
which is commenced or insrituted subsequent to repeal of the repealed ordinances, shali be
brought pursuant to and under the provisions of such repealed ordinances as though they contin-
ued to be in full force and effect.
(Code 1956, § 510.14)
Sec. 310.15. Penalty.
Any person who violates any provision of these chapters, or other ordinances or laws relating to
licensing, or who aids, advises, hires, counsels or conspires with or otherwise procures another to
violate any provision of these chapters or other ordinances or laws relating to licensing is guilty of
a misdemeanor and may be sentenced in accordance with section 1.05 of the Saint Paul Legisla-
tive Code. The term "person," in addition to the definition in section 310A1, shall for the purpose
• of this section include the individual partners or members of any partnership or corporation, and
as to corporations, the officers, agents or members thereof, who shall be responsible for the viola-
tion.
(Code 1956, § 51015)
Sec. 310.16. Reserved.
Editor's note--Section 310.16, pertaining to license fees and annual increases, and derived from
Ord. No. 16885, adopted Feb. 11, 1982; Ord. No. 17059, adopted Oct. 20, 1983; and Ord. No.
17303, adopted Oct. 29, 1985, was repealed by Ord. No. 17884, § 1, adopted Nov. 19, 1991.
Sec. 310.17. Licensee's responsibility.
Any act or conduct by any clerk, employee, manager or agent of a licensee, or by any person pro-
viding entertainment or working for ar on behalf of a licensee, whether compensated or not,
which act or conduct takes place either on the licensed premises or in any parking lot ar other area
adjacent to (or under the lease ar control ofl the licensed premises, and which act or conduct vio-
lates any state or federal statutes or regulations, or any city ordinance, shall be considered to be
and treated as the act or conduct of the licensee for the purpose of adverse action against all or any
of the licenses held by such licensee. To the extent this section is in conflict with sections 409.14
and 410.09 of the Legislative Code, this section shall be controlling and prevail; but shall not oth-
erwise amend, alter or affect such sections.
• (Ord. No. 17629, § 1, 1-31-89)
o�-q�
• Sec. 310.18. License fee schedule.
Notwithstanding the provision of any other ordinance or law to the contrary, the following fees
are hereby provided for all the licenses listed herein. These fees supersede all inconsistent provi-
sions, including, but not limited to, graduated fee provisions, in these chapters and in other ordi-
nances and laws, and include the fee for the ficense application as paR of the license fee;
provided, however, that this section does not amend or modify secrions 310.09(a) or 310.09(d) of
the L.egislative Code with respect to exempt organizations or Iate fees. Pursuant to section
310.09(b) of the I.egislative Code, these schedules shall be posted in the office of the Director of
the Office of License, Inspections and Environmental Protection. These fees shall be effective for
license renewals and new license applications occurring on and after January 1, 1995, or on the
effecrive date of this section, whichever is latez; provided, however, that with respect to all
licenses whose renewal dates occur after The effective date of this new schedule, there shall be no
increases in, nor offsets or re£unds of, the existing fees paid, or due and owing.
(a) ENFORCEMENT LEVEL 1
(b) ENFORCEMENT LEVEL 2
(c) ENFORCEMENT LEVEL 3
• (d) ENFORCEMENT LEVEL 4
(e) ENFORCEMENT L,EVEL 5
(� ENFORCEMENT LEVEI. 6
(C.F. No. 92-1742, § 2, 12-8-92; C.F. No. 93-1650, § 1, 12-9-93; C.E No. 94-201, § 1, 3-16-94;
C.F. No. 94-1447, § 1, 12-14-94; C.F. No. 95-519, § 2, 6-7-95; C.E No. 95-1457, § 1, 1-3-96; C.F.
No. 96-391, § 3, 5-8-96; C.F. No. 96-1095, § I, 10-2-96; C.E No. 97-912, § 1, 8-20-97; C.E No.
99-500, § 4, 7-7-99; C,F. No. 99-812, § 1, 9-8-99; C.F. No. 00-457, § 1, 6-7-00)
Sec. 310.19. Discount from certain license fees.
A discount will be provided for on-sale and off-sale liquor licenses, on-sale and off-sale 3.2 malt
liquor licenses and on-sale strong beer and wine licenses. Such fees mentioned shall be reduced in
section 310.18 by appzoximately seven (7) percent, in the exact amounts as further provided
herein, contingent upon each of the following conditions:
(1) Driver's license guide; compilation of laws. The licensee shall maintain on the pre-
mises, in a location accessible at all times to all employees of the licensed establishment:
a. A current driver's license guide, which shall include license specifications for
both adults and minors for each state (including Canadian provinces), and shall list
. such information from at least five (5) years prior to the present date; and
�1 t �
• b. A current compilation of the laws relating to the sale and possession of alcoholic
beverages in the state as outlined in Chapter 7515 of the State of Minnesota Rules
and Chapter 340A of the Minnesota Statutes. This compilation must also include
Chapters 240 through 246, 409 and 410 of the Saint Paul L.egisIarive Code.
(2) Signage. The licensee shall maintain on the premises, in all customer areas, current
signage relating to underage consumption of alcoholic beverages, and relating to driving
under the influence of alcohol. One (1) sign must be located behind the bar, and one (1)
sign must be present in each addirional room or secUon within the lounge area in which
the writing on the sign behind the bar is not clearly legible. The sign(s) must have dimen-
sions of at least one (1) foot by one (1) foot with letters at least one-half (1/2) inch in
height. All signs must be comfortably readable from a distance of fifteen (15) feet.
(3) Contract with security agency.
a. Generally. The licensee shall participate in a training program with an approved
private securiYy agency, firm or association (hereafter "security aaency") which is
selected and contracts with the city for the purpose of providing investigations and
training to the licensee pursuant to this subsection. The city contract shall provide
(i) that the security agency shall not be reimbursed by the city, but that it shall
recover its costs and profit by fees collected from the licensees which choose to
receive the training program and investigative services, and (ii) that the security
agency shall charge the same amount to all licensees who choose to receive such
services, so that all such licensees are treated equally and without discrimination.
• b. Investigation. The contract with the city shall provide for and require one (1) or
more investigations by the security agency each calendar year into the practices of
the licensee with respect to (i) age idenfification of customers in order to prevent
sales of alcoholic beverages to minors, and (ii) prevenung the sale of alcoholic
beverages to persons who are obviously intoxicated. The contract shall require that
the security agency disclose the results of all such investigations to both the lic-
ensee and, at no cost to the city, to the office of license, inspections and environ-
mental protection, within ten (10) days after such investigations are concluded.
Failure to do so will be grounds for adverse action against the licensee's licenses.
The contract shall require that all such investigations shall include unannounced
and random attempts by minors to purchase alcoholic beverages in the licensed
premises, and surveillance within the licensed premises. The security agency shall
employ reasonable measures to minimize or eliminate conflicts of interest in pro-
viding and reporting on investigations of licensees.
c. Training. The contract shall also provide for alcohol awareness training by the
security agency of all officers, employees or agents of the licensee who work in the
licensed premises at least once during the calendar year. Ail newiy hired employ-
ees or new officers or agents hired during the calendar yeaz shall receive such
training within four (4) weeks following their hiring, and shall not work in the pre-
mises after that four-week period until they have received such training.
d. Standards for approval. In addition to the requirements specified elsewhere in
• this subsection, the security agency and its investigations and training must meet
or exceed the following:
d��g�
\�
J
L The alcohol awareness course shall cover all of the topics listed herein.
The content of each training course shall inciude, but need not be limited
to:
(a) Pertinent laws and ordinances regazding the sale of alcohol.
(b) Verification of age, forms of identificarion, and forms of false or
misleading age identification.
(c) The effect of alcohol on humans and the physiology of alcohol
intoxicarion.
(d) Recognirion of the signs of intoxication.
(e) Strategies for intervention to prevent intoxicated persons from
consuming further alcohol.
(tj The licensee's policies and guidelines, and the employee's role in
observing these policies.
(g) Liability of the person serving alcohol.
(h) Effect of alcohol on pregnant women and their fetuses, and in
other vulnerable situations.
(i) Training available in languages othez than English that aze spo-
ken by the license holders and/or the license holders employees.
2. The security agency shall have a minimum of two (2) years actual expe-
• rience in alcohol awazeness iraining. The courses may be given by one (1)
or more instructors, but each instructor must have a formai education and/
or training in each area they teach. The courses may be supplemented by
audio-visual instruction.
3. The security agency shaIl have sufficient personnel and physical
resonrces to provide an alcohol awareness training course to newly hired
employees within four (4) weeks after their hiring by the licensee with
whom there is a contract. The cost covering the training and investigation
service provided to license holders shall be idenUfied and charged equally
to each participant.
•
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October 6, 2000
•
Administraiive Law Judge
Office of License, Inspections and Enviromental Frotection
City of Saint Paul
15 W Kellogg Blvd
St. Paul, Minnesota 55102
Re: GB Core Inc. 500 Bush St. Paul, MN
The applicant, GB Core Inc., should be denied a business license by the City
of Saint Paul due to applicants willfui negligence and liablity to comply zvith the City of
Saint Paul Legislative Code, the Office of License, Inspections and Envu'omental
Protection, and Minnesota State enviromental laws.
Upon review of applicant's request for a license, the District Five Community
Planning and Economic Development Comuiittee (CPED), inquired into the nature of
the business, its operation, and current facility status. Fred Gonzalez, an employee
of GB Core Inc., informed the Colnmitttee as to the business of recycling vehicle
parts and fluids, its operation timelines, and the business was not in operation.
• (MeeHng Mittuets - Dishict Fioe CPED Commtttee - Thursday, May l i, 2000)
Subsequently, the District F3ve CPED Coiiunittee learned of relevant
information contradicting Fred Gonzalez's of GB Core, Ina Mr. 'IYoy Trooien informed
the Committee of the adverse conditions and the conduct of the applicant operating
the business at 500 Bush without City licensing.
Mr. Trooien e7cpiained GB Core Inc. had been operating the business of
recycling used vehicle engines and parts since October 1999. From October to
December the buiiding was surrounded with dismantled Frito-Lay delivery trucks.
The exterior condition of the properry was poor due to refuse, debris, garbage,
leaking oil drums> and improper disposal of hazardous materials; and the applicant
had been working on the building without a City buffding permit. Mr. Trooien
substantiated the ctaims with photographs of the property.
(Meeting Minuets - Distrtct Fiue CPED Committee - Thursday, May 18, 2000)
Mr. Paul Maruska informed the CPED Committee of the inspecUon of 500 Bush
on Tuesday evening, May 16, 2000 and noted the conditions of unproper handling
and disposing of hazardous materials in a refuse dumpster: Ilourescent buiids,
automotive parts, and used oil dry. Mr. Maruska noted for the Commit#ee, GB Core
Inc. was opezating a business without City licensing due to a large dumpster filled
with dismantled automotive pazts, and vehicle gasoline tanks on paIlets and bindered
for shipment.
(Meeting Minuets - Disirict blue CPED Committee - Thursday, May 18, 2000)
•
o�-g�
• The applicant has shown a disregard for the City of Saint Paul Legislative Code,
willfiil neglect to obtaiu a City business license before operating a business,
improperly handling of disposalable materials for recycling or disposal, and a
nuisance business to the surrounding neighborhood.
Furtheru2ore, applicant's conduct as a repu�able and law abid��husi�€€ss faF
the neighborhood and District �ve Planning CouncIl area is not present �d
applicant's actions to compiy with the City Code and Licensing Department have not
been made in good faith.
Respectfully submitted,
�� �a-�.� ��.
Paul Maruska
District Five Board
District �ve CPED Comtnitttee
1037 Burr Street
Saint Paul, Mimzesota
651-776-8052
cc: Bruce Sylvester, Executive D"uector
District Five Planning Councii
�
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Helq
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C1Vl�
se Summary
�
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County Case N�a'mber
Brown OOSC003480
Filing date Case type
08-10-2000 Small Claims
Responsible Court Official
Burdick, John
Parties
Party type
Defendant
Plaintiff
Plaintiff
Plaintiff
Case Caption
7racy Faccio et al vs Glen Berhow et al
Case Status
Closed
Old Case
Number
ra
�ccess
and traffic
Maintenance
Class Code Description
Sm Claim, Claim Under $
Limit
Party name
Berhow, Glen
Faccio, Tracy
Karcz, Katie
Manders, Jason
Scheduled Activities
Date Time Location
10-18- 1:15PM Commissioners'
2000 Courtroom B
Civil Judgments
Type Debtor
Name
Judgment for Berhow,
money Glen
ase Summa
+nformation for cases prior to 996, contact the
Waukes
County Clerk of Circuit urt - Crimina{ Traffic
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Party Status
Active
Active
Active
Active
Description Court Official
Motion gurdick/Gazeley/Sequin
hearing
Multiple pmount Satisfaction Satisfaction
debtors Date
$
N 1,566.00 N
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Page 2 of 4
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Parties
•
'Party No. 1
Party Name
Faccio, Tracy
Secondary Address
#D36
In custody
No
Party type Date of Birth Sex Race
Plaintiff
Primary Address City
2700 S Memorial Dr Green Bay
Status
Active
State Zip
WI 54313
Party No. 2
Party Name
Berhow, Glen
Secondary Address
2014 Glendale Ave
In custody
No
Party type
Defendant
Primary Address
PO Box 906
Status
Active
Date of Birth Sex Race
City State Zip
Green Bay WI 54305
Party No, 3
Party Name
Karcz, Katie
Secondary Address
#D36
In custody
No
Party type Date of Birth Sex Race
Plaintiff
Primary Address City
2700 S Memorial Dr Green Bay
Status
Active
State Zip
WI 54313
•
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•
Page 3 of 4
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Party No. 4
Party Name
Manders, Jason
Secondary Address
I In custody
No
Party type
Plaintiff
Primary Address
W668 Fish Creek Rd
Status
Active
Date of Birth Sex Race
City State Zip
De Pere WI 54115
Civil Judqments
•
Civil )udgments 1
Judgment Date
09-05-2000
Docketed time
11:44AM
Satisfied
N
Service/event Date
]udgment Type
Judgment for money
Docketed date
09-18-2000
Satisfaction date
to:
Property/Remarks
Judgment Parties
Pa � Name
type
Creditor Faccio,
Tracy
Creditor Karcz,
Katie
Total Amount
$ 1,566.00
Warrant number
Dismissed Status Address City State Zip Attor
Nami
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• II Creditor Manders, N A
Jason
2700 S Green
Memorial BaY WI
Dr
2700 S Green
Memorial gaY WI
Dr
W668
Fish Pere WI
Creek Rd
54313
54313
54115
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Debtor Berhow, N A PO Box
Glen 906
Cost / Amounts
Description
]udgment amount
Small claims filing fee
Green WI
Bay
Page 4 of 4
D�'� �
54305
Amount
$ 1,500.00
$ 66.00
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Case Summarv
Case Summary
County
Menominee
Filing date
06-21-1999
• Defendant
Berhow, Glen
E.
Page 1 of 3
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Case Number Case Caption
99TR000288 County of Menominee vs Glen E.
Berhow
Casetype
Traffic Forfeiture
Responsible Court
Official
Schmidt, Earl
Prosecuting Agency
District Attorney
Court Record Events
Defendant
Defendant Name
Berhow, Glen E.
Secondary Address
•
]USTISID
Case Status Maintenance
Closed
DA Case Old Case
Number Number
Prosecuting Attorney
Defenciant
In Custody Date of Birth
No 12-18-1957
Primary Address City
2530 Gemini Rd. Green Bay
Finger Print ID Status
Sex Race
Male
State Zip
WI 54311
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Defendant Attorney(s)
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Christian, David L N 07-15-1999
Page 2 of 3
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Statute /
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Severity Description Offense p�ea
Date
�orf. U Passing at 06-20-1999 G
Intersection
Disposition
Dispo. Disposition
No.
1 Guilty / No
Contest
Disposition Disposing Judgment of
Date Court Official Conviction
11-30-1999 Schmidt, Earl Y
Sentences
Sentence.
N o.
1
Sentence /
Condition
Forfeiture / Fine
Time Time Sentence
Date
Citations
•
Cita#ion 1
Citation Number
Z808447-3
Appearance Date
07-26-1999
Name
Berhow, Glen E.
Bond Amount
$ 147.50
Appearance
Time
10:OOAM
Date of Birth
12-18-1957
Deposit Type
None
Mandatory
No
Sex
Male
.../us.wi.state.courts.internet.access.GetJSP?JSP=CaseDetailSelect 10/10/2000
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Street
Z530 Gemini Rd.
Driver's License
Number
B6002855745804
Plate Number
Issuing Agency
County of Menominee
Plantiff Agency
City
Green Bay
State
WI
State
WI
Officer Name
Hughes, Chris
Ordinance Or
Statute
Page 3 of 3
D r'� l
State Zip
WI 54311
Expiration
2006
Expiration VIN
Violation
Date
06-20-1999
Statute
County of Menominee Statute 346.10(2)
Severity Code Severity Description
, OU Forf. U
�
MPH Over
Charge
Description
Passing at
Intersection
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Civi! Case Summa
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County
Brown
Filing
date
• 05-20-
1999
Case
Number
99CV000657
Casetype
Civil
Responsible Court
Official
Atkinson, William
Parties
Party type
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Plaintiff
Case Caption
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Village of Howard vs GB Core Inc et al
Case Status
Closed
Old Case
Number
Party name
Berhow, Glen E
GB Core Inc
Village of Howard
Court Record Events
Parties
�
Maintenance
Class Code Description
Other-Injunction/Restrain
Order
Party Status
Active
Active
Active
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•
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Page 2 � i � t
Party No. 1
Party Name
Party type
Plaintiff
Primary
Address
Date of
Birth
Sex Race
Village of Howard
Secondary
Address
I 2456 Giendale Ave PO Box 12207
In custody
No
Party Attorney(s)
Attorney Name
Duffy, Dennis M
Status
Active
City
Green Bay
Suffix GAL Entered
N 05-20-1999
State Zip
WI 54307-
2207
Withdrawn
Party No. 2
Party Name
GB Core Inc
Secondary Address
In custody
No
Party Attorney(s)
Attorney Name
Metzler, Ronald F
Party type Date of Birth Sex Race
Defendant
Primary Address City
2014 Glendale Ave Green Bay
Status
Active
Suffix GAL Entered
N 07-12-1999
State Zip
WI 54304
Withdrawn
Par�y No. 3
Party Name
Berhow, Glen E
Secondary Address
In custody
Party type Date of Birth Sex Race
Defendant
Primary Address City
2530 Gemini Rd Green Bay
Status
State Zip
WI 54311
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No
Party Attorney(s)
Attorney Name
Metzler, Ronald F
Page 3 of 3
�? 1'� !
Active
Suffix GAL Entered
Withdrawn
N 07-21-1999
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../us.wi.state.courts.internet.access.GetJSP?JSP=CaseDetailSelect 10/10/2000
., Wisconsin Circuit Court Access
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The Circuit Court Automation Program
(CCAP)
Wisconsin Circuit Court Access
To obtain Waukesha County criminal and traffic
case
information for cases prior to 1996, contact the
Waukesha
County Clerk of Circuit Court - Criminal Traffic
Division
Civil Case Summa
Case Summary
County Case Number
Brown 99CL000002
Fifing date Case type
01-27-1999 Construction Lien
Case Caption
Triple P Inc vs Glen E Berhow
Case Status
Filed Only
• Responsible Court Official Old Case
Number
Parties
Party type Party name
Defendant Berhow, Glen E
Plaintiff Triple P Inc
Civil 7udgments
Type Debtor
Name
Construction Berhow,
lien Glen E
Court Record Events
Multiple
debtors
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Page 1 of 3
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Main
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Maintenance
Class Code
Description
Party Status
Active
Active
Amount Satisfaction Satisfaction
Date
$
6,286.22 N
Parties
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Party No. 1
Party Name
Triple P Inc
Secondary Address
D/B/A Peters Concrete
Co.
In custody
No
Party type
Plaintiff
Primary Address
1516 Atkinson
Drive
Status
Active
Date of
Birth
City
Green Bay
Sex Race
State Zip
WI 543031
Party No. 2
Party Name
Berhow, Glen E
Secondary Address
In custody
No
Party type
Defendant
Primary Address
P.O. Box 906
Status
Active
Date of Birth Sex Race
City
Green Bay
State Zip
WI 54305
Civil .7udgments 1
Judgment Date
01-27-1999
Docketed time
3:28PM
Satisfied
N
Service/event Date
�iVl� JUt�C9t11�11'�S
3udgment Type
Construction lien
Docketed date
02-10-1999
Satisfaction date
to:
Tota{ Amount
$ 6,286.22
Warrant number
• Property/Remarks
Part of Lot 1 of 24 CSN 153, described in Jacket 19145, Image 30, Part of Gov. I
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Judgment Parties
Pa � Name Dismissed Status Address City
type
Creditor I� P P N
Debtor Berhow, N
Glen E
Page 3 of 3
DI'a�
State Zip
1516 Green
A Atkinson Bay WI
Drive
P.O. Box Green
A 906 Bay WI
Amount
$ 6,286.22
543�3
54305
Attorr
Name
Cost / Amounts
Description
]udgment amount
�
The Circuit Court Automation Program
(CCAP)
Wisconsin Circuit Court Access
To obtain Waukesha County criminal and traffic Main
case Me u
information for cases prior to 1996, contact the
Waukesha
County Clerk of Circuit Court - Criminal Traffic
Division
.../us.wi.state.courts.internet.access.GetJSP?JSP=CaseDetailSelect 10/10/2000
, „ Wisconsin Circuit Court Access
�
,
Help
The Circuit Court Automation Program
(CCAP)
Wisconsin Circuit Court Access
To obtain Waukesha County crimina( and traffic
case
information for cases prior to 1996, contact the
Waukesha
County Clerk of Circuit Court - Criminal Traffic
D ivision
Case Summarv
Summary
County
Brown
Filing date
� 10-07-1998
Defendant
Berhow, Glen
E
•
Case Number
• : • � �FNF:�:3
Case type
Non-Traffic Ordinance
Violation
Responsible Court
Official
Mix, Phoebe A.
Prosecuting Agency
District Attorney
Court Record Events
Defendant
Defendant Name
Berhow, Glen E
Secondary Address
lI1CTTC Tn
Page 1 of 4
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Menu
Case Caption
State of Wisconsin vs Glen E
Berhow
Case Status Maintenance
Closed
DA Case Old Case
Number Number
Prosecuting Attorney
�efendant
In Custody Date of Birth
No 12-18-1957
Primary Address
2530 Gemini Rd
Finnnr print T1�
City
Green Bay
Ctat� � a
Sex Race
Ma�e
State Zip
WI 54311
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Statute /
Ordinance
30.62(3)(b)
ges/ Dispositions/Sentences
Severity Description Offense p�ea
Date
Forf. U �et Ski-Operate w/o 09-05-1998 G
Floatation Device
Disposition
Dispo. Disposition
N o.
1 Guilty / No
I Contest
Disposition Disposing Judgment of
Date Court Official Conviction
10-22-1998 Mix, Phoebe A. Y
Sentences
Sentence.
No.
1
Sentence /
Condition
Forfeiture / Fine
Time Time Sentence
Date
Totat Receivables
Amount Paid Probation amount Balance Due
$ 110.60 $ 110.60 $ 0.00 $ 0.00
* For cases with multiple assessments, the due date represents
the assessment with the latest date.
Due
Date*
Citations
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Deposit Type
None
Citation 1
Citation Number Bond Amount
42765 $ 110.60
Appearance Date APpearance
Time
10-29-1998 10:30AM
Name Date of Birth
Berhow, Glen E 12-18-1957
Street City
2530 Gemini Rd Green Bay
Driver's License State
Number
WI
Plate Number State
WI
', Issuing Agency Officer Name
Dept. of Natural
Resources
Plantiff Agency Ordinance Or
Statute
Mandatory
No
Sex
Male
State
WI
Expiration
Page 3 of 4
4��q 1
Zip
54311
Expiration VIN
Violation
Date
09-05-1998
Statute
State of Wisconsin Statute 30.62(3)(b)
Severity Code Severity Description
OU Forf. U
MPH Over
Charge Description
Jet Ski-Operate w/o
Floatation Device
Help
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(CCAP)
Wisconsin Circuit Court Access
To obtain Waukesha County criminal and traffic Main
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information for cases prior to 1996, contact the
Waukesha
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` County Clerk of Circuit Court - Criminal Traffic �� �)
• Divisian
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.../us.wi.state.courts.internet.access.GetJSP?JSP=CaseDetailSelect 10/10/2000
_ Wisconsin Circuit Court Access
�
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The Circuit Court Automation Program
(CCAP)
Wisconsin Circuit Court Access
To obtain Waukesha County criminal and traffic
case
information for cases prior to 1996, contact the
Waukesha
County Clerk of Circuit Court - Criminal Traffic
Divisian
Case Summa
se Summary
•
County
Brown
Filing date
10-14-1997
Defendant
Case Number
97CT001249
Casetype
Criminal Traffic
Page 1 of 4
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Main
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Case Caption
State vs Glen E Berhow
Case Status Maintenance
Closed
Responsible Court DA Case Old Case
Official Number Number
Berhow, Glen Atkinson, William
E
Prosecuting Agency
District Attorney
Court Record Events
Prosecuting Attorney
Madson, Steven J
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Defenclant
Defendant Name
Berhow, Glen E
Secondary Address
JUSTIS ID
in Custody
No
Primary Address
20 NE 2nd St
Finger Print ID
Date of Birth Sex Race
12-18-1957 Male
City State Zip
Minneapolis MN 55413
Status
Active
.../us.wi. state.courts.internet.access.GetJSP?JSP=CaseDetailSelectol0/10/2000
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Page 2 of 4
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Defendant Attorney(s)
• Attorney Name Suffix GAL Entered Withdrawn
Peterson, Wayne R N 08-14-1997
Cha
:ount 1
Statute /
Ordinance
346.63(1)(a)
es/DispositionslSentences
Severity Description
Misd. U Operating while
Intoxicated (2nd)
Offense p�ea
Date
08-11-1997 NG
Disposition
Dispo. Disposition Disposition
No. Date
1 Other 04-01-1998
�
Disposing Judgment of
Court Official Conviction
Atkinson, N
William
Count 2
Statute /
Ordinance
346.63(1)(b)
Severity Description
Misd. U Operating while Intox.-
BAC .1%+ (2nd)
Offense
Date
08-i1-1997
Plea
Disposition
Dispo. Disposition Disposition
No. Date
1 Other 03-31-1998
Disposing Judgment of
Court Official Conviction
Atkinson, N
William
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Citations
.Jus.wi.state.courts.internet.access.GetJSP?JSP=CaseDetailSelect 10/10/2000
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Wisconsin Circuit Court Access
Deposit Type
None
Citation 1
Citation Number Bond Amount
U849447-4 $ 0.00
Appearance Date Appearance
Time
10-16-1997 1:OOPM
Name Date of Birth
Berhow, Glen E 12-18-1957
Street City
20 NE 2nd St Minneapolis
Driver's License State
fVumber
B600-282-162-959 M N
Plate Number State
WI
Issuing Agency
Officer Name
De Pere Police
Dept.
Piantiff Agency
Ordinance Or
Statute
Mandatory
Yes
Sex
Male
State
MN
Page 3 of 4
ol�� (
Zip
55413
Expiration
2000
Expiration VIN
Violation
Date
08-11-1997
Statute
MPH Over
Charge Description
Operating while
State of Wisconsin Statute 346.63(1)(a) Intoxicated (2nd)
Severity Code Severity Description
MU Misd. U
•
Citation 2
Citation Number Bond Amount
U849602-5 $ 0.00
', Appearance Appearance
' Date Time
10-16-1997 1:OOPM
IU�...e 11��e ..F Qi..FM
Deposit Type
None
Mandatory
Yes
Cev
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Berhow, Gien E
Street
20 NE 2nd St
Driver's License
Number
B600-282-162-
959
Plate Number
vu�c v� ou u�
12-18-1957
City
Minneapolis
State
I►'t1►1
State
WI
Issuing Agency Officer Name
De Pere Police
Dept.
Plantiff Agency Ordinance Or
Statute
oc�
Male
State
MN
Page 4 of 4
b� �
Zip
55413
Expiration
2000
Expiration VIN
Violation
Date
08-11-1997
Statute
MPH Over
Charge Description
State of Wisconsin Statute 346.63(1)(b) AC r1%g (2nd) Intox.-
Severity Code Severity Description
MU Misd. U
�
The Circuit Court Automation Program
(CCAP)
Wisconsin Circuit Court Access
To obtain Waukesha County criminal and traffic Main
case Menu
information for cases prior to 1996, contact the
Waukesha
County Clerk of Circuit Court - Criminal Traffic
Division
.../us.wi.state.courts.internet.access.GetJSP?JSP=CaseDetailSelect 10/10/2000
� - Wksconsin Circuit Court Access
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"�'
The Circuit Court Automation Program
(CCAP)
Wisconsin Circuit Court Access
To obtain Waukesha County criminal and traffic
case
information for cases prior to 1996, contact the
Waukesha
County Clerk of Circuit Court - Criminal Traffic
Divisian
Page 1 of 4
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Main
Menu
Case Summary
:ase St�mmary
County Case Number Case Caption
Brown 96TR001108 State of Wisconsin vs GLEN E
BERHOW
Filing date
• 04-01-1996
Defendant
BERHOW,GLEN
E
Case type
Traffic Forfeiture
Responsible Court
Official
Atkinson, Wilfiam
Prosecuting Agency
District Attorney
Court Record Events
Case Status Maintenance
Closed
DA Case Old Case
Number Number
Prosecuting Attorney
Madson, Steven J
'� r ._. �
Defendant
Defendant Name
BERHOW,GLEN E
Secondary Address
u
7USTI5 ID
In Custody
No
Primary Address
2057 BRADBURY LN
Finger Print ID
Date of Birth
12-18-1957
City
GREEN BAY
Status
Sex Race
Male
State Zip
WI 54313
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• - Wnsconsin Circuit Court Access
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Cha
•
Active
:ount 1
Statute /
Ordinance
346.89(1}
Page 2 of 4
°��t
es/Dispositions/Sentences
Severity Description Offense plea
Date
Forf. U INATTENTIVE 03-09-1996 G
DRIVING
Disposition Disposing Judgment of
Date Court Official Conviction
09-16-1996 Atkinson, Y
William
Disposition
Dispo. Disposition
No.
1 Guilty / No
Contest
Sentences
Sentence.
No.
1
Sentence.
N o.
2
Sentence.
No.
3
Sentence /
Condition
Forfeiture / Fine
Sentence /
Condition
Costs
Sentence /
Condition
Forfeiture / Fine
Time Time Sentence
Date
Time Time Sentence
Date
Time Time Sentence
Date
5
Yea rs
Citations
`
.../us.wi.state.courts.internet.access.Get7SP?JSP=CaseDetailSelect 10/10/2000
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Bond Amount
$ 30.00
Appearance
Time
8:30AM
Date of Birth
12-18-1957
City
GREEN BAY
Citation 1
Citation Number
W 488174
� Appearance Date
05-02-1996
NBme
BERHOW,GLEN E
Street
2057 BRADBURY LN
Driver's License
Number
B600 2855 7458 04
Plate Number
; Issuing Agency
I State Patrol
� Plantiffi Agency
I Stiate of Wisconsin
Severity Code
OU
State
WI
State
Officer Name
Ordinance Or
Statute
Statute
Deposit Type
None
Mandatory
No
Sex
Male
State
WI
Page 3 of 4
Dl-q�
Zip
54313
Expiration
Expiration VIN
Violation
Date
03-09-1996
Statute
346.89(1)
Severity Description
Forf. U
MPH Over
Charge
Description
INATTENTIVE
DRIVING
Help
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• - Wtsconsin Circuit Court Access
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Page 4 of 4
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..Jus.wi.state.courts.internet.access.GetJSP?JSP=CaseDetailSelect 10/10/2000
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�
�
The Circuit Court Automation Program
(CCAP)
Wisconsin Circuit Court Access
To obtain Waukesha County criminal and traffic
case
information for cases prior to 1996, contact the
Waukesha
County Clerk of Circuit Court - Criminal Traffic
Division
Civil Case Summa
•
Summary
County
: .. �
Case Number Case Caption
Page 1 of 2
o�`gl
Main
Menu
95SC000358 LIZER LAWN CARE vs GLEN BERHOW
Filing Case type Case Status
date
01-23- Small Claims Closed
1995
Responsible Court Old Case
Official Number
Gazeley, Lawrence L.
Parties
Party type
Defendant
Plaintiff
Party name
BERHOW,GLEN
LIZER LAWN CARE
Court Record Events
Par�ies
�
Maintenance
Class Code Description
Sm Claim, Claim Under $
Limit
Party Status
Active
Active
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� Wisconsin Circuit Court Access
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Page 2 of 2
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Party No. i
Party Name
LIZER LAWN CARE
Secondary Address
In custody
Q.�
Party Attorney(s)
Attorney Name
Calewarts, Kenneth G
Party type
Plaintiff
Primary Address
428 N SUPERIOR ST
Status
Active
Suffix GAL
N
State Zip
WI 54115
Withdrawn
Party No. 2
Party Name
BERHOW,GLEN
Secondary Address
In custody
No
Party Attorney(s)
Attorney Name
Metzler, Ronald F
Party type
Defendant
Primary Address
2057 BRP,DBURY LN
Status
Active
Date of Birth Sex Race
City
DE PERE
Entered
01-23-1995
Date of Birth Sex Race
City
GREEN BAY
Suffix GAL Entered
N 01-23-1995
State Zip
WI 54313
Withdrawn
The Circuit Court Automation Program
(CCAP)
Wisconsin Circuit Court Access
To obtain Waukesha County criminal and traffic Main
H -� case
Menu
information for cases prior to 1996, contact the
Waukesha
County Clerk of Circuit Court - Criminal Traffic
Division
../us.wi.state.courts.internet.access.GetJSP?JSP=CaseDetailSelect 10J10/2000
Wisconsin Circuit Court Access
�
�
The Circuit Court Automation Program
(CCAP)
Wisconsin Circuit Court Access
To obtain Waukesha County criminal and traffic
case
infarmation for cases prior to 1996, contact the
Waukesha
County Clerk of Circuit Court - Criminal Traffic
D
Case Summarv
se Summary
County
Brown
Filing date
07-26-1993
• Defendant
BERHOW,GLEN
E
•
Case Number
93CM000924
Casetype
Misdemeanor
Responsible Court
Official
Dilweg, Vivi L.
Prosecuting Agency
District Attorney
Court Record Events
Defendant
Defendant Name
j BERHOW,GLEN E
Page 1 of 2
o!-��
Main
Menu
Case Caption
State vs GLEN E BERHOW
Case Status
Closed
DA Case
Number
Maintenance
Old Case
Number
Prosecuting Attorney
Zakowski, John P
Defendant
In Custody Date of Birth Sex
No 12-18-1957 Male
Race
Secondary Address Primary Address City State Zip
1078 LIME KILN RD GREEN BAY WI 54302
JUSTIS ID
Finger Print ID Status
Active
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,Wisconsin Circuit Court Access Page Z of 2
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Coun# 1
Statute /
Ordinance
940.19(1)
es/ Dispositions/Sentences
Severity Description
Misd. U BATTERY CLASS A
MISD
Offense p�ea
Date
05-05-1993 G
Disposition
Dispo. Disposition
N o.
Disposition
Date
1 Guilty / No
Contest
entences
❑
C�
10-15-1993
Disposing Judgment of
Court Official Conviction
Dilweg, Vivi L. Y
The Circuit Court Automation Program
(CCAP)
Wisconsin Circuit Court Access
To obtain Waukesha County criminal and traffic Main
H—e�� case Me
information for cases prior to i996, contact the ^
Waukesha
County Clerk of Circuit Court - Criminal Traffic
Division
..Jus.wi.state.courts.internet.access.GetJSP?3SP=CaseDetailSelect 10J10/2000
�; �'sconsin Circuit Court Access
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Page 1 of 2
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Main
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The Circuit Court Automation Program
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Wisconsin Circuit Court Access
To obtain Waukesha County criminal and trafFic
case
information for cases prior to 1996, contact the
Wau{cesha
County Clerk of Circuit Court - Criminal Traffic
Division
Previous paqe Next paae
Displaying records 11 through 15
From a Total of 20
Search Criteria
Party Last Name exactly matches berhow
Party First Name starts with gien
Sorted First By: Filing Date (Descending}
C�
•
Case Filing County Case Date
Number Date Name Status Name Of Caption
Birth
GLEN
94SC002710 06-20- grown Closed BERHOW,GLEN BERHOW
1994 vs ROGER
PINGEL
12- State vs
93CM00 07 Brown Closed g�RNOW,GLEN 18- GLEN E
— — 1993 E 1957 BERHOW
Brown
93TR001469 05-24- grown Closed BERH�W,GLEN i�_ County vs
1993 E 1957 GLEN E
BERHOW
City of De
92TR003061 10-05- grown Closed gERHOW,GLEN 18_ Pere vs
1992 E 1957 GLEN E
BERHOW
.../ 971200725579 ResultSetll.html&EnforceServerPath=0-1-&Sf10/IO/2000
,_ �consin Circuit Court Access
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•
�C"�1
PHILIP F
92SC002057 03-31- grown Closed BERHOW,GLEN LEE vs
1992 E GLEN E
BERHOW
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The Circuit Court Automation Program
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Wisconsin Circuit Court Access
To obtain WauKesha County crimina( and traffic
case
information for cases prior to 1996, contact the
Waukesha
County Clerk of Circuit Court - Criminal Traffic
Divis+on
Page 2 of 2
Main
Menu
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Wisconsin Circuit Court Access
„ �
�
�
�
The Circuit Court Automation Program
(CCAP)
Wisconsin Circuit Court Access
To obtain Waukesha County criminal and traffic
case
information for cases prior to 1996, contact the
Waukesha
County Clerk of Circuit Court - Criminal Traffic
Division
Case Summarv
ase Summary
County
: • � �
Filing date
10-05-1992
•
Defendant
Case Number
92TR003061
Case type
Traffic Forfeiture
Responsible Court
Official
BERHOW,GLEN Naze, Peter J.
E
Prosecuting Agency
City of De Pere Atty.
Court Record Events
Page 1 of 3
01-�9 �
Main
Menu
Case Caption
City of De Pere vs GLEN E
BERHOW
Case Status Maintenance
Closed
DA Case Old Case
Number Number
Prosecuting Attorney
Kalny, James M
'�` - a .
Defendant
Defendant Name
BERHOW,GLEN E
Secondary Address
•
JUSTISID
In Custody
No
Primary Address
1078 LIME KILN RD
Finger Print ID
Date of Birth Sex Race
12-18-1957 Male
City
GREEN BAY
State Zip
WI 54302
Status
.../us.wi.state.courts.internet.access.GetJSP?JSP=CaseDetailSelecto 10/10/2000
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Wisconsin Circuit Court Access
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Active
Cha
:ount 1
Statute /
Ordinance
346.63(1)(A)
Page 2 of 3
DI-91
es/Dispositions/Sentences
Severity Description Offense p�ea
Date
Forf. U OPER UNDER 09-18-1992 G
INFLUENCE
Disposition
Dispo. Disposition
No.
1 Guilty / No
Contest
Disposition Disposing Judgment of
Date Court Official Co�viction
02-19-1993 Naze, Peter J. Y
Sentence.
N o.
1
Sentence.
� No.
I Z
Sentence.
No.
3
Sentence,
N o.
4
Sentence /
Condition
Forfeiture / Fine
Sentence /
Condition
Alcohoi assessment
Sentence /
Condition
Costs
Sentence /
Condition
License suspended
Time
Time
Time
Time
6
Months
Time Sentence
Date
05-07-1993
Time Sentence
Date
05-07-1993
Time Sentence
Date
05-0�-1993
Time Sentence
Date
05-07-1993
..Jus.wi.state.courts.internet.access.GetJSP?JSP=CaseDetailSelect 10/10/2000
.
�
�
�
Wisconsin Circuit Court Access
.
Help
The Circuit Court Automation Program
(CCAP)
Wisconsin Circuit Court Access
To obtain Waukesha County crimina! and traffic
case
information for cases prior to 1996, contact the
Waukesha
County Cierk of Circuit Court - Criminal Traffic
Division
Page 3 of 3
o�
Main
Menu
.../us.wi.state.courts.internet.access.GetJSP?JSP=CaseDetailSelect 10/10/2000
�
Wisconsin Circuit Court Access
�
�
The Circuit Court Automation Program
(CCAP)
Wisconsin Circuit Court Access
To obtain Waukesha County crirn+nal and trafPic
case
information for cases prior to 1996, contact the
Waukesha
County Clerk of Circuit Court - Criminal Traffic
Div
- -- — - - -- - --- — - --- - - - -
Civil Case Summary
se Summary
�
County Case Number Case Caption
Brown 92SC002057 PHILIP F LEE vs GLEN E BERHOW
Filing date Case type
03-31-1992 Small Claims
Responsibie Court Official
Burdick, John
Parties
Party type
Defendant
Plaintiff
Page 1 of 2
Dl �
Main
Menu
Case Status Maintenance
Ciosed
Old Case Number Class Code Description
Small Claims, Eviction
Party name
BERHOW,GLEN E
LEE,PHILIP F
Court Record Events
Parties
Party No. �
Party Name
LEE,PHILIP F
Secondary Address
• ( I In custody
I Nn
Party type
Plaintiff
Primary Address
1931 BELLEVUE ST
Status
Active
Party Status
Active
Active
Date of Birth Sex Race
City State Zip
GREEN BAY WI 54311
.../us.wi_state.courts.internet.access.GetJSP?JSP=CaseDetailSelectol0/ 10/2000
Wisconsin Circuit Court Access Page 2 of 2
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Party No. 2
Party Name Party type Date of Birth Sex Race
BERHOW,GLEN E Defendant
Secondary Address Primary Address City State Zip
PO BOX 906 GREEN BAY WI 54305
In custody
�
Alias
Alias Name
' G B CORE INC
Status
Active
Alias type Date Of Birth
Doing Business As
Help
The Circuit Court Automation Program
(CCAP)
Wisconsin Circuit Court Access
To obtain Waukesha County criminal and traffic Main
case Menu
information for cases prior to 1996, contact the
Waukesha
County Clerk of Circuit Court - Criminal Traffic
Division
.../us.wi.state.courts.internet.access.GetJSP?JSP=CaseDetailSelect 10/10/2000
. Wisconsin Circuit Court Access
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��
Nelp
The Circuit Court Automation Program
(CCAP)
Wisconsin Circuit Court Access
To obtain Waukesha County criminal and trafFic
case
information for cases prior to 1996, contact the
Waukesha
County Clerk of Circuit Court - Crimina! Traffic
Division
Civil Case Summa
se Summary
•
County Case Number
Brown 9ZSC001610
Filing date Case type
03-11-1992 Small Claims
Responsible Court Official
Burdick, John
Parties
Party type
Defendant
Plaintiff
Main
Menu
Case Caption
PHILLIP F LEE vs GLEN E BERHOW
Case Status Maintenance
Closed
��"ql
Old Case Number Class Code Description
Small Claims, Eviction
Party name
BERHOW,GLEN E
LEE,PHILLIP F
Court Record Events
Party Status
Active
Active
., ; _
Party No. 1
Party Name Party type Date of Birth Sex Race
', LEE,PHILLIP F Plaintiff
Secondary Address Primary Address City State Zip
1931 BELLEVUE ST GREEN BAY WI 54311
• I( In custody Status
Nn
Active
Page 1 of 2
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•, V�isconsin Circuit Court Access Page 2 of 2
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Party No. 2
Party Name
BERHOW,GLEN E
Secondary Address
PO BOX 906
In custody
No
Alias
Alias Name
G B CORE INC
Party type Date of Birth Sex Race
Defendant
Primary Address City State Zip
GREEN BAY WI 54305
Status
Active
Alias type Date Of Birth
Doing Business As
��
The Circuit Court Automation Program
(CCAP)
Wisconsin Circuit Court Access
To obtain Waukesha County criminal and traffic Main
case Menu
information for cases prior to 1996, contact the
Waukesha
County Clerk of Circuit Court - Criminal Traffic
Division
.../us.wi.state.courts.internet.access.GetJSP?JSP=CaseDetailSelect 10/10/2000
. �'Visconsin Circuit Court Access
�l-q�
The Circuit Court Automation Program
, (CCAP)
Wisconsin Circuit Court Access
To obtain Waukesha County criminal and trafFic Main
He��, case Menu
information for cases prior to 1996, contact the
Waukesha
County Clerk of Circuit Court - Criminal Traffic
Division
_ -- - -- ------- —
Case Summarv
Case Summary
County
Brown
Filing date
02-12-1992
• Defendant
BERHOW,GLEN
E
Case Number
92CM000179
Casetype
Misdemeanor
Responsible Court
Officiai
Schaefer, Nick
Prosecuting Agency
District Attorney
Court Record Events
Case Caption
State vs GLEN E BERHOW
Case Status Maintenance
Closed
DA Case Old Case
Number Number
Prosecuting Attorney
Shaha, Roger J
, ���'�a
•
Defendant
Defendant Name
BERHOW,GLEN E
i Secondary Address
JUSTIS ID
in Custody
No
Primary Address
1078 LIME KILN RD
Finger Print ID
Date af Birth
12-18-1957
City
GREEN BAY
Status
Active
Page i of 3
Sex Race
I►'IE1C
State Zip
WI 54302
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Page 2 of 3
��1 �� �
C�i'f1
:ount 1
Statute /
Ordinance
813.12(8)
�ges j Dispositions/Sentences
Severity Description Offense
Date
Misd. U VIOLATION OF DOMESTIC 01-21-
ABUSEINJUNCTIO 1992
Plea
�
Disposition
�� Disposition Disposition
No. Date
i Amend 07-19-1992
Disposing
Court Official
Schaefer, Nick
Judgment of
Conviction
N
Caunt I
Statute /
Ordinance
31.02
Severity Description Offense p�ea
Date
Forf. U
Disposition
Dispo. Disposition
No.
DISORDERLY 01-21-1992 G
CONDUCT
Disposition Disposing Judgment of
Date Court Official Conviction
1 Guilty / No 05-21-1992
Contest
5entences
Sentence.
No,
1
Sentence.
No.
2
Sentence.
Sentence /
Condition
Forfeiture / Fine
Sentence /
Condition
Costs
Sentence /
Schaefer, Nick Y
Time Time Sentence
Date
03-03-1992
Time Time Sentence
Date
03-03-1992
TimP Timra Sentence
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. . - Wisconsin Circuit Court Access
I. C}l
3
Condition
Forfeiture / Fine
03-03-1992
,
The Circuit Court Automation Program
(CCAP)
Wisconsin Circuit Court Access
To obtain Waukesha County criminal and traffic Main
Hel� case Menu
information for cases prior to 1996, contact the
Waukesha
County Clerk of Circuit Court - Criminal Traffic
Division
C�
�
Page 3 of 3
DI-J�
....` .....` Date
.../us.wi.state.courts.internet.access.GetJSP?JSP=CaseDetailSelect 10/10/2000
, Wisconsin Circuit Court Access
�
0
Party type
� The Circuit Court Automation Program
(CCAP)
Wisconsin Circuit Court Access
To obtain Waukesha County criminal and traffic Main
H� case Menu
informatian for cases prior to 1996, contact the
Waukesha
County Clerk of Circuit Court - Criminal Traffic
Division
Civil Case Summarv
Summary
�
County Case Number Case Caption
Brown 91FA001134 STEPHANIE J BERHOW vs GLEN E BERHOW
Filing date Case type Case Status Maintenance
i1-15-1991 Family Closed
Responsible Court Official Old Case Number Class Code Description
Atkinson, William
Parties
Party type Party name
Petitioner BERHOW,STEPHANIE J
Respondent BERHOW,GLEN E
Court Record Events '
�c'�1'tl@S
i41o. 1
Party Name
BERHOW,STEPHANIEJ
Secondary Address
� ( In custody
No
Petitioner
Divorce
Page 1 of 2
01-9�
Party Status
Active
Active
Date of Birth Sex Race
Primary Address City
703 N ADAMS ST DE PERE
Status
Active
State Zip
WI 54115
.../us.wi. state.courts.internet. access.GetJSP?JSP=CaseDetailSelecto 10/10/2000
' , . W;sconsin Circuit Court Access
.
�
�
�
Party Attorney(s)
Attorney Name
Roznowski, Thomas W
Suffix GAL Entered
N i1-15-1991
Page 2 of 2
Ol-�1�
Withdrawn
Party Na. 2
Party Name
SERHOW,GLEN E
Secondary Address
In custody
No
Party Attorney(s)
Attorney Name
Peterson, Wayne R
Party type
Respondent
Primary Address
1078 LIME KILN RD
Status
Active
Date of Birth Sex Race
City
GREEN BAY
Suffix GAL Entered
N 11-15-1991
State 2ip
WI 54302
Withdrawn
The Circuit Court Automation Program
(CCAP)
Wisconsin Circuit Court Access
Ta abtain Waukesha County criminal and traffic Main
H� case Menu
information for cases prior to 1996, contact the
Waukesha
County Clerk of Circuit Court - Crimina{ Traffic
Division
.../us.wi.state.courts.internet.access.GetJSP?JSP=CaseDetailSelect 10/10/2000
.. �':�sconsin Circuit Court Access
��
Page 1 of 2
dl�� I
Main
--P case Menu
information for cases prior to 1996, contact the
Waukesha
County Clerk of Circu+t Court - Crirninal TrafFic
D i v ision
- - - - - — - --- ----------- — - - - -- -- --- -
Civil Case Summarv
The Circuit Court Automation Program
(CCAP)
Wisconsin Circuit Court Access
To abtain Waukesha County criminai and traffic
Hei
Summary
County
Brown
Filing
date
• I1-Oi-
1991
Case
Number
91CV001672
Casetype
Civil
Case Caption
STEPHANIE BERHOW vs GLEN E BERHOW
Case Status
Closed
Responsible Court
Official
Burdick, John
Parties
Party type
Defendant
Plaintiff
Old Case
Number
Party name
BERHOW,GLEN E
BERHOW,STEPHANIE
Court Record Events
Parties
��
Maintenance
Class Code Description
Domestic Abuse-Temp Rest
Order
Party Status
Active
Active
.. Jus.wi.state.courts.internet.access.GetJSP?JSP=CaseDetailSelectol0/10/2000
_ W�sconsin Circuit Court Access
Status
r
Party No. i
Party Name Party type Date of Birth Sex Race
� BERNOW,STEPHANIE Plaintiff
Secondary Address Primary Address City State Zip
1078 LIME KILN RD GREEN BAY WI 54302
In custody
No
.
�
Active
Page 2 of 2
�1- r
Party No. 2
Party Name
BERHOW,GLEN E
Secondary Address
Party type
Defendant
Primary Address
1078 LIME KILN RD
Status
Date of Birth Sex Race
City State Zip
GREEN BAY WI 54302
In custody
�
Active
The Circuit Court Automation Program
(CCAP)
Wisconsin Circuit Court A�cess
To obtain Waukesha County criminal and t�-affic Main
Help case
Menu
information for cases prior to 1996, contact the
Waukesha
Caunty Clerk of Circuit Court - Criminat Traffic
Division
.../us.wi.state.courts.internet.access.GetJSP?JSP=CaseDetailSelect 10/10/2000