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03-88�R�GI�AL RESOLUTION Presented B` Refened To Council File # 0 3•$ S� Green Sheet # `a.00 � o 2- 1 WHEREAS, an administrative hearing was held before Administrative Law Judge 2 Richazd Luis on December 21, 2002 on a renewal application for a currency exchange license by 3 Team Management, Inc., d/b/a Community Financial Center for the premises at 259 University 4 Avenue West, Saint Paul to hear objections to the renewal; and WHEREAS, after a hearing at which there was testimony by the objecting party, the administrative law judge issued Findings of Fact, Conclusions and a recommendation on November 22, 2002 recommending issuance of the license; now, therefore be it 9 10 11 12 13 14 15 16 17 RESOLVED, that the Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge shall be adopted in its entirety and shall be attached and incorporated herein by reference; and be it FLTRTHER RESOLVED, that the currency exchange license application by Team Management, Inc., d/b/a Community Financial Center for the premises at 259 University Avenue West, Saint Paul be and is hereby approved and said approval shall be forwarded to the Commissioner of Commerce of the State of Minnesota. CITY OF SAINT PAUL, MINNESOTA �� DEPARTMENT/OFFICE/COUNCII.: DATE INITIATED GREEN SHEET No: 200302 LIEP January 15, 2003 ' 0 CONTACT PERSON & PHONE: IN1TInLnATE 7NITTALDATE Virginia Palmer (266-8710) � DEPnx Dm. crrr covxcu, � MUST BE ON COUNCII, AGENDA BY (DATE� �IGN _ C1TY ATIORNEY _ CTTY CLERK Feb 5, 2003 consent N�� CIAT. SERV DIIL _ FINANCIAL SERV/ACCTG n'� � � FOR MAYOR(ORASST.) _CIVII.SERVICECOMMISSION ROUTING ORDER TOTAL tl OF SIGNATORE PAGES _(CLIP ALL LOCATIONS FOR SIGNAT[IRE) ncrioN �QuES�n: Action on the currency exchange license renewal application submitted by Team Management, Inc. d/b/a Coxnmunity Financial Center, located at 259 University Avenue West RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS M[JST ANSWER THE FOLLOWING QUESTIONS: PLANNAIG COMMISSION 1. Has this person/fitm ever worked under a co�tract for this departrnent7 CIB COMMITTEE Yes No CIVIL SERVICE COMMISSION 2. Has this person/fian ever been a city emp]oyee? Yes No 3. Dces this person/fian possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet INTTIA77NG PROBLEM, ISSUE, OPPOR'PONITI (Who, What, Whes, Whese, Why): An administrative hearing was held on the currency exchange license renewal application submitted by Team Management, Inc. d/b/a Community Financial Center. The administrative law judge recommended issuance of the license and the City Council adopted the Findings of Fact, Conclusions and Recommendation of the administrative law judge. � ADVANTAGES IF APPROVF,D: Council action necessary if the C3ty wishes to avail itself of its statutory right to have input on the issuance/renewal ' of currency exchange licenses issued by the State of Minnesota, Department of Commerce. .�x.,, DI9ADVANTAGESIFAPPROVED: _ ��^`"��`�__`�` �� None. ��,r�;,� ;:,�...... �� ,§� :,� � �,`y;� � -,r� =� — DISADVANTAGES IF NOT APPROVED: The City will not have a say in the issuance/renewal of currency exchange licenses. TOTAL AMOUNT OF TRANSACTION: $ COST/REVENUE BUDGETED: FUNDING SOURCE: ACTiVITY NUMBER: FINANCIAL INFORMATION: (EXPLAIlV) I\USERS�YANGBORN�ea�sheet - cma�ry c cfiange wpd v OFFICE OF THE CITY ATTORNEY ManuelJ. Cervantu, CityAttorney CITY OF SAINT PAUL Civil Division Randy C. Ke1ty, Mayor 400 City Hnll IS WestKelloggBlvd. Saint Pnul, Minnesot¢ 55l02 i November 15, 2002 NOTICE OF COUNCIL AEARING Cazol A. Toner, President Community Financial Centers 259 University Avenue West Saint Paul, Minnesota 55103 03-�'S� 3� _ Telephone: 657 266-8770 Facsimile: 65! 298-5679 RE: Currency Exchange License, Renewal Application Submitted by Team Management, Inc. d/b/a Community Financial Centers, for the premises located at 259 University Avenue West in St. Paul License ID #: 20020002 Dear Ms. Toner: Given the time constrainl your renewal application for a cu an Administrative Law Judge's r of the Saint Paul City Council, ir on Wednesday, December 4, 200 If you have any questions 1 S � �� Sincerely, `� �� y:.c�� L1 ��.-�r�� Virgima D. Palaner Assistant City Attorney cc: � sa. . � � a°C� Z'1a+. of Commerce on f timely receipt of ; hearing in front 7t Paul City Hall, Scott Lambert, Executive VP Minnesota Automobile Dealers Association, 277 University Avenue, St. Paul, MN 55103 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, Deputy Director of LIEP Kristen Kidder, Team Leader, Thomas-Dale/Dist.7 Planning Council, 689 N. Dale St., St. Paul, MN 55103-1644 o �-� � 7-602�-15158-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE ST. PAUL CITY COUNCIL In the Matter of the Renewal of the Currency Exchange License of Team Management, Inc., d/b/a Community Financial Center FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION The above matter came on for hearing before Administrative taw dudge (AlJ) Richard C. Luis at the St. Paul City Hall on November 21, 2002. The record closed at the conclusion of the hearing that day. J. Patrick Brinkman, Esq., Felhaber, Larson, Fenion & Vogt, P.A., 225 South Sixth Street, Minneapolis, Minnesota 55402-4302, appeared on behalf of the Licensee/Applicant, Team Management, Inc. (TMI), d/b/a Community Financial Center. Scott Lambert, Executive Vice President, Minnesota Auto Dealers Association (MADA), 277 University Avenue West, St. Paul, Minnesota 55103, appeared on behalf of MADA (Objector). Virginia D. Palmer, Assistant St. Pauf City Attorney, 400 City Hall, 15 West Kellogg Boulevard, St. Paul, Minnesota 55102, appeared on behalf of the City's Office of License Inspection and Environmental Protection (City, LIEP}. NOTfCE This Report is a recommendation, not a final decision. The St. Paui City Council will make the final decision after a review of the record and may adopt, reject or modify these Findings of Fact, Conclusions and Recommendation. Pursuant to St. Paul Legislative Code § 310.05(c-1), the City Council will provide the Applicant and any interested persons an opportunity to present oral or written argument to the Council before it takes final action during or after its hearing on December 4, 2002. Park+es should contact the St. Paul City Council Offices (651/266-8560) to determine the procedure for presenting argument. S OF ISSUE Has the Objector shown by a preponderance of the evidence that the ApplicanULicensee fails to meet the requirements for renewal of its currency exchange license because the ApplicanULicensee has caused significant adverse consequences or impacts upon the neighborhood within 300 feet of its business premises, within the meaning of § 381.03(b)(4)(ii) of the St. Paul Legislative Code? Based on all the proceedings herein, the Administrative Law Judge makes the following: a3-s� FINDINGS OF FACT 1. The Applicant/Licensee has operated a currency exchange business near the University AvenuelRice Street intersection in St. Paul since 1986. Until early 2�02, the business was operated at the southwest corner of the intersection. 2. In the winter of 2002, the ApplicanULicensee, which does business under the name of Community Financiai Center, relocated 2 1/2 blocks west of its old location on University Avenue, on the north side of the street at 259 University Avenue West. In connection with this move, it filed an application for licensure, which was denied initiaily because the proposed location was in violation of the City's requirement that the business be at least 100 feet from a residential property. After a Council hearing, TMI received a variance from the 100-foot setback requirement and the license was granted to operate a currency exchange at 259 University Avenue West. 3. MADA, located next door at 277 University Avenue West, intenrened in the variance hearing to express its concern that TMI was not providing sufficient off-street parking, but the variance was granted and TMI opened its office at 259 University Avenue West in April, 2002. TMI shares the 259 building with an employment service that operates under the business name of Team Personnel. Team Personnel occupies the west half of the ground floor at 259 University Avenue West, and TMI occupies the east half of the ground floor. 4. In October 2002, TMI applied for renewal of its currency exchange license. Objection to the renewal was made by MADA, and this hearing process followed. In a letter objecting to the renewai of TMI's license, MADA's Executive Vice President, Scotf Lambert, complained that the Licensee's customers are "constantiy using our parking lot° and "use it to dump their garbage, and on two occasions my staff has witnessed currency exchange customers urinating in our lot while they get into their cars". The letter noted afso that peop4e have remained in the trespassing cars whi{e waiting for people using the Licensee's services, and that "this is intimidating to my staff and customers". 5. MADA is located on a lot immediately west of the building shared by TMI and Team Personnef. MADA's building is on the west side of the lot. The balance of the lot is a paved, surface parking area that can accommodate 20 to 40 cars.' The MADA building is situated so that individua(s in the building are unable to see the progress of anyone leaving the parking lot to walk east, along the north side of University Avenue in front of the 259 (Team Personnel, Community Financiai Center) building. No surveillance equipment has been set up at MADA to follow such parkers to wherever they go, nor has MADA attempted to foliow them. 6. A pedestrian walking east from the parking lot (or from the sidewalk in front) at 277 University Avenue West can go to Team Personnel, Community Financial Center, or Ron Saxon Ford, or pass by all three to other locations along University Avenue. ' MADA's Executive Director testified to the smaller number, while TMI witnesses allege the lot can hold about twice as many vehicles as MADA admits. � r��-�� 7. MADA staff peopie have observed trespassers drive into and park in MADA'S parking lot without coming inside for business with MADA, and also have observed litter and evidence of urination in the MADA parking lot. MADA alleges that the nuisances described (see also Finding 4) did not exist before TMI moved to 259 University Avenue West, so, by inference, TMI is the cause of the nuisances. 8. A surveil(ance camera is set up, facing west from TMI (toward MADA's property), which can observe pedestrians coming out of or into MADA's parking lot. Anyone observed coming to use TMI's facilities from the parking lot is turned away and told to move their car. Officials of TMI and Team Personnel have never observed more than two vehicles belonging to their customers/clients in MADA's lot at any given time. Both businesses also have signage in their window warning against parking in the adjacent (west) lot and similar signs (in English and Spanish) at their service counters inside. The window signs are recent additions, but the signs on TMI's counter have been in piace since the business relocated to 259 University Avenue West. 9. Team Personnel provides services to about 200 people per day, and TMI has 75-150 customers daily (Monday through Saturday). Team Personnei's clients are in the building for visits averaging five minutes. TMI's customers are on its business premises an average of three to four minutes for the typical transaction. Only 10 percent of these customers drive to 259 University Avenue West, as most get there by walking or taking public transportation. The clientele is primarily working, lower-middie class people who live in the immediate neighborhood and, for TMI, 90 percent of the business is with regular, repeat customers. For those driving vehicles, TMI provides several parking spaces in the lot behind its building location, and several spaces are leased at the University Bank Building lot across University Avenue and one block east. The majority of the other drivers park where they can on University Avenue. 10. The building at 259 University Avenue West, which houses TMI and Team Personnef, was owned by the Sypniewski family between 1961 and 2001. The family lived upstairs in the building during that time, and, from 1961 to 1991, operated a commercial business (Red's Pizza) on the ground floor. During the entire time they lived and worked at 259 University, the property and the surrounding neighborhood buildings experienced problems with litter and pubiic urination. 11. Team Personnel moved in at 259 University Avenue West approximately four weeks before TMI/Comm�nity Financial Center did. A�ter Team Personnel moved in, and before TMI/Community Financial Center relocated to 259 University, MADA complained to Team Personnel that Team Personnel's clients were trespassing in MADA's lot. 12. The LIEP office does noi oppose the Appiication. it believes that the trespass, sanitation and littering issues alleged fail to amount to "serious adverse consequences or impact on the neighborhood within 300 feet of the exchange" within the meaning of the St. Paul Legislative Code. Even if the combined nuisances alleged amount to "serious consequences or impacts", LIEP believes that the evidence provided is insufficient to connect the alleged problems with TMI or its customers. Based on the above Findings, the Administrative Law Judge makes the foliowing: 3 a�-s� CONCLUSIONS 1. The St. Paul City Council and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. §§ 14.55 and 53A.02 and St. Paul Legislative Code §§ 310.05, 310.06 and 381.02. 2. The City of St. Pau{ has fulfilled af{ relevant substantive and procedural requirements of law and rule. 3. The City of St. Paul has given proper notice of the hearing in this matter, including proper notice in accordance with the requirements set forth in Minn. Stat. Chapter 53A and St. Paul Legisiative Code Chapter 381. 4. Section 381.03(b)(4)(ii) of the St. Paul Legislative Code provides that a currency exchange license renewal may be disapproved if: The existing currency exchange has caused significant adverse consequences or impacts upon the neighborhoods within three hundred (300) feet of the exchange. 5. The Objector (MADA) has failed to establish by a preponderance of the evidence that the presence of the Licensee/Appiicant in its location at 259 University Avenue West has resulted in a significant adverse consequence or impact upon the neighborhood within 3�� feet of its location within the meaning of § 381.�3(b)(4)(ii) of the St. Paul Legislative Code. Based on the above Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS RECOMMENDED that the St. Paul City Council APPROVE the renewal appiication for the currency exchange license of 7eam Management, Inc., d/b/a Community Financial Center, in the premises at 259 University Avenue West. Dated this�� day of November, 2002 ��i��"t'c� RICHARD C. LUIS Administrative Law Judge Reported: Taped, no transcript NOTICE Pursuant to Minn. Stat. § 53A.04, the St. Paul City Council is required to forward its approval or disapproval of the license application to the Commissioner of Commerce ��3-�� of the State of Minnesota for the Commissioner's approval or disapprovai. If the application is denied, the Commissioner shall mail notice of the deniai and the reason therefor to the Applicant. MEMORANDUM The record fails to establish that the problems experienced in MADA's parking area are caused by the presence of the LicenseelApplicanYs business. MADA's evidence has several weaknesses: (1) Its only witness, MADA's Executive Vice PresidenU Executive Director, who supervises the staff at 277 University Avenue West, did not observe personaliy the vast majority of the incidents or occasions that gave rise to MADA's objection. His personal o�ce faces a direction opposite the parking area, and the rest of the events described in his testimony were related to him by his employees. That hearsay has been discounted accordingly; (2) There is very little evidence that any of the people who trespass by parking their cars in MADA's lot are there to do business with TMI speci ically. i1ilADA's evidence iaiis to esfablish any direct or actual connection between trespassing vehicles and TMI customers, and the testimony of TMI's witnesses that they have seen "one or two" trespassing vehicles at any given time is insufficient to estabiish a"significant adverse impacY', in light of the fact that customers are only on the premises for three to five minutes. In addition, the evidence does not specify whether such "trespassers" are present to visit TMI or Team Personnel, except through a speculative estimate of 50 percent each. Another TMI witness stated that one person per day is seen by him parking illegally in MADA's lot. Given the short duration of an average visit to TMI, that evidence establishes no more than a de minimus impact, far short of the "significant adverse impacY' required; (3) The strongest evidence presented directiy by MADA is inferentiai oniy. That is, because the problems complained of did not arise until TMI/Community Financial Center moved in next door, the problems associated with trespassing vehicies and their occupants must be attributable to the impact of the new business. This inference is weakened by testimony establishing that the same type of probiems, particularly littering and public urination, have existed in the neighborhood for years, and in light of the unrebutted testimony that MADA complained of the same problem to Team Personnel before TMI/Community Financial Center began to share the building. MADA was able to establish that the Licensee does not have signs reminding people not to park in the MADA lot in the Laotian or Vietnamese languages. In the absence of an estabiishment of the national origins of the alleged trespassers, the absence of warning signs in particular languages is immaterial. Even when viewed in a light most favorable to MADA's position, the cumulated evidence presented by the Objector or through TMI's witnesses falis short of establishing any "significant adverse impact" from the presence of the Licensee at 259 University Avenue West, so renewal of the license is recommended. R.C.L. � �� November 22, 2002 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 Don Luna, City Clerk 170 City Hail 15 West Kellogg Boulevard St. Paul, Minnesota 55102 �� CEtvFn � 2 ,5 ZUUZ �{TY ��„�� Re: In the Matter of the Renewal of the Currency Exchange License of Team Management, Inc., d/b/a Community Financial Center; OAH Docket No. 7-6020-15158-3 Dear Mr. Luna: 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. The hearing tapes in this matter are being copied and sent to you at a fater date. Very truly yours, J c � Lc>`� ��✓� RICHARD C. LUIS Administrative Law Judge Telephone:(612)349-2542 RCL:mo Encl. cc: J. Patrick Brinkman, Esq. Scott Lambert, Exec. Vice President (MADA) Virginia D. Palmer, Assistant St. Paul City Attorney Providing Impartial Hearings for Governmeni and Citizens An Equal Opportunity Employer Administrative Law Seciion &Administrative Services (612) 341-7600 �T7Y Na. (612) 341-7346� Fax No. (612) 349-2665 � 3-� � STATE OF MINNESOTA OFFfCE OF ADMINISTRATIVE HEARINGS 7-6020-15158-3 FOR THE ST. PAUL CITY COUNCIL In the Matter of the Renewal of the FINDINGS OF FACT, Currency Exchange License of Team CONCLUSIONS AND Management, Inc., d/b/a Community RECOMMENDATION Financial Center The above matter came on for hearing before Administrative Law Judge (ALJ) Richard C. Luis at the St. Pauf City Ha11 on November 21, 2002. The record closed at the conclusion of the hearing that day. J. Patrick Brinkman, Esq., Felhaber, Larson, Fenlon & Vogt, P.A., 225 South Sixth Street, Minneapolis, Minnesota 55402-4302, appeared on behalf of the Licensee/Applicant, Team Management, Inc. (TMI), d/b/a Community Financial Center. Scott Lambert, Executive Vice President, Minnesota Auto Dealers Association (MADA) 277 University Avenue West, St. Paul, Minnesota 55103, appeared (Objector). Virginia D. Palmer, Assistant St. Paul City Attorney, 40 Kellogg Boulevard, St. Paul, Minnesota 55102, appeared on behalf of License Inspection and Environmental Protection (City, LIEP}. NOTICE on behalf of MADA 0 City Hall, 15 West ofi the City's O�ce This Report is a recommendation, not a final decision. 7he St. Paul City Council will make the final decision after a review of the record and may adopt, reject or modify these Findings of Fact, Conclusions and Recommendation. Pursuant to St. Paui Legislative Code § 310.05(c-1), the City Council will provide the Applicant and any interested persons an opportunity to present oral or written argument to the Council before it takes finaf action during or after its hearing on December A, 2002. Parties should contact the St. Paul City Council Offices (651/266-8560) to determine the procedure for presenting argument. STATEMENT OF ISSUE Has the Objector shown by a preponderance of the evidence that the ApplicanbL+censee fails to meet the requirements for renewal of its currency exchange license because the Applicant/Licensee has caused significant adverse consequences or impacts upon the neighborhood within 300 feet of its business premises, within the meaning of § 381.03(b)(4)(ii) of the St. Paul Legislative Code? Based on all the proceedings herein, the Administrative Law Judge makes the following: � f � � ! FINDINGS OF FACT 1. The ApplicanULicensee has operated a currency exchange business near the University Avenue/Rice Street intersection in St. Paul since 1986. Until early 2002, the business was operated at the southwest corner of the intersection. 2. In the winter of 2002, the Applicant/Licensee, which does business under the name of Community Financial Center, relocated 2 1/2 blocks west of its old location on University Avenue, on the north side of the street at 259 University Avenue West. In connection with this move, it filed an application for licensure, which was denied initially because the proposed location was in viofation of the City's requirement that the business be at least 100 feet from a residential property. After a Council hearing, TMI received a variance from the 100-foot setback requirement and the license was granted to operate a currency exchange at 259 University Avenue West. 3. MADA, located next door at 277 University Avenue West, intervened in the variance hearing to express its concern that TMI was not providing sufficient off-street parking, but the variance was granted and TMI opened its office at 259 University Avenue West in April, 2002. TMI shares the 259 building with an employment service that operates under the business name of Team Personnel. Team Personnel occupies the west half of the ground floor at 259 University Avenue West, and TMI occupies the east half of the ground floor. 4. In October 2002, TMI applied for renewal of its currency exchange license. Objection to the renewal was made by MADA, and this hearing process foliowed. In a letter objecting to the renewal of TMI's license, MADA's Executive Vice President, Scott Lambert, complained that the Licensee's customers are "constantly using our parking lot" and "use it to dump their garbage, and on two occasions my staff has witnessed currency exchange customers urinating in our lot while they get into their cars". The letter noted also that people have remained in the trespassing cars while waiting for people using the Licensee's services, and that "this is intimidating to my staff and customers". 5. MADA is located on a lot immediately west of the building shared by TMI and Team Personnel. MADA's building is on the west side of the lot. The balance of the lot is a paved, surtace parking area that can accommodate 20 to 40 cars.� The MADA building is situated so that individuals in the building are unable to see the progress of anyone leaving the parking lot to walk east, along the north side of University Avenue in front of the 259 (Team Personnel, Community Financial Center) building. No surveillance equipment has been set up at MADA to follow such parkers to wherever they go, nor has MADA attemptetl to follow them. 6. A pedestrian walking east from the parking lot (or from the sidewalk in front) at 277 University Avenue West can go to Team Personnel, Community Financiai Center, or Ron Saxon Ford, or pass by all three to other locations along University Avenue. ' MADA's Executive Director testified to the smaller number, while TMI witnesses allege the lot can hold about twice as many vehicles as MADA admits. 2 o 3-g � 7. MADA staff people have observed trespassers drive into and park in MADA'S parking lot without coming inside for business with MADA, and also have observed litter and evidence of urination in the MAQA parking lot. MADA alleges that the nuisances described (see also Finding 4) did not exist before TMI moved to 259 University Avenue West, so, by inference, TMI is the cause of the nuisances. 8. A surveillance camera is set up, facing west from TMI (toward MADA's property), which can observe pedestrians coming out of or into MADA's parking lot. Anyone observed coming to use TMI's facilities from the parking lot is turned away and told to move their car. Officials of TMi and Team Personnel have never observed more than finro vehicles belonging to their customerslclients in MADA's lot at any given time. Both businesses also have signage in their window warning against parking in the adjacent (west) lot and similar signs (in English and Spanish) at their service counters inside. The window signs are recent additions, but the signs on TMl's counter have been in place since the business relocated to 259 University Avenue West. 9. Team Personnel provides services to about 200 people per day, and TMI has 75-150 customers daily (Monday through Saturday). Team Personnel's clients are in the building for visits averaging five minutes. TMI's customers are on its business premises an average of three to four minutes for the typical transaction. Only 10 percent ofi these customers drive to 259 University Avenue West, as most get there by walking or taking public transportation. The clientele is primarily working, lower-middle class people who live in the immediate neighborhood and, for TMI, 90 percent of the business is with regular, repeat customers. For those driving vehicfes, TMf provides several parking spaces in the lot behind its building location, and several spaces are leased at the University Bank Building lot across University Avenue and one block east. The majority of the other dmrers park where they can on University Avenue. 10. The building at 259 University Avenue West, which houses TMi and Team Personnel, was owned by the Sypniewski family between 1961 and 2001. The family lived upstairs in the building during that time, and, from 1961 to 1991, operated a commercial business (Red's Pizza) on the ground floor. During the entire time they Iived and worked at 259 University, the property and the surrounding neighborhood buildings experienced problems with litter and public urination. 11. Team Personnel moved in at 259 University Avenue West approximately four weeks before TMflCommunity �inancial Center did. After Team Personnel moved in, and before TMI/Community Financial Center relocated to 259 University, MADA complained to Team Personnel that Team Personnel's clients were trespassing in MADA's lot. 12. The LIEP o�ce does not oppose the Application. It believes that the trespass, sanitation and littering issues alleged fail to amount to "serious adverse consequences or impact on the neighborhood within 300 feet of the exchange" within the meaning of the St. Paul Legislative Code. Even if the combined nuisances al{eged amount to "serious consequences or impacts", LIEP believes that the evidence provided is insu�cient to connect the alleged problems with TMI or its customers. Based on the above Findings, the Administrative Law Judge makes the following: 3 � CONCLUSIONS 1. The St. Paul Gity Council and the Administrative Law Judge have jurisdiction in this matter pursuant to Minn. Stat. §§ 14.55 and 53A.02 and St. Paul Legislative Code §§ 310.05, 310.06 and 381.02. 2. The City of St. Paul has fulfifled a11 relevant substantive and procedurai requirements of law and rule. 3. The City of St. Paul has given proper notice of the hearing in this matter, including proper notice in accordance with the requirements set forth in Minn. Stat. Chapter 53A and St. Paul Legislative Code Chapter 381. 4. Section 381.03(b)(4)(ii) of the St. Paul Legislative Code provides that a currency exchange license renewal may be disapproved if: The existing currency exchange has caused significant adverse consequences or impacts upon the neighborhoods within three hundred (300) feet of the exchange. 5. The Objector (MADA) has failed to establish by a preponderance of the evidence that the presence of the Licensee/Applicant in its location at 259 University Avenue West has resulted in a significant adverse consequence or impact upon the neighborhood within 300 feet of its location within the meaning of § 381.03(b)(4)(ii) of the St. Paul Legislative Code. Based on the above Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION IT IS RECOMMENDED that the St. Paul City Council APPROVE the renewal application for the currency exchange license of Team Management, fnc., d!b/a Community Financial Center, in the premises at 259 University Avenue West. Dated this�� day of November, 2002 _ � RICHARD C. LUIS Administrative Law Judge Reported: Taped, no transcript NOTICE Pursuant to Minn. Stat. § 53A.04, the St. Paul City Council is required to forward its approval or disapproval of the license application to the Commissioner of Commerce � �� of the State of Minnesota for the Commissioner's approval or disapproval. If the application is denied, the Commissioner shall mail notice of the denial and the reason therefor to the Applicant. MEMORANDUM The record fails to establish that the problems experienced in MADA's parking area are caused by the presence of the Licensee/Applicant's business. MADA's evidence has several weaknesses: (1) Its only witness, MADA's Executive �ce PresidenU Executive Director, who supervises the staff at 277 University Avenue West, did not observe personally the vast majority of the incidents or occasions that gave rise to MADA's objection. His personal office faces a direction opposite the parking area, and the rest of the events described in his testimony were related to him by his employees. That hearsay has been discounted accordingly; (2) There is very little evidence that any of the people who trespass by parking their cars in MADA's lot are there to do business with TMI specifically. MADA's evidence fails to establish any direct or actual connection between trespassing vehicles and TMI customers, and the testimony of TMI's witnesses that they have seen "one or two" trespassing vehicles at any given time is insufficient to establish a"significant adverse impact", in light of the fact that customers are only on the premises for three to five minutes. In addition, the evidence does not specify whether such "trespassers" are present to visit TMI or Team Personnel, except through a speculative estimate of 50 percent each. Another TMI witness stated that one person per day is seen by him parking illegally in MADA's lot. Given the short duration of an average visit to TMI, that evidence establishes no more than a de minimus impact, far short of the "significant adverse impacY' required; (3) The strongest evidence presented directly by MADA is inferential only. That is, because the problems complained of did not arise until TMI/Community Financial Center moved in next door, the problems associated with trespassing vehicles and their occupants must be attributable to the impact of the new business. This inference is weakened by testimony establishing that the same type of problems, particularly littering and public urination, have existed in the neighborhood for years, and in light of the unrebutted testimony that MADA complained of the same problem to Team Personnel before TMI/Community Financial Center began to share the building. MADA was able to establish that the Licensee does not have signs reminding people not to park in the MADA lot in the Laotian or Vietnamese languages. In the absence of an establishment of the national origins of the alleged trespassers, the absence of warning signs in particular languages is immateria{. Even when viewed in a light most favorable to MADA's position, the cumulated evidence presented by the Objector or through TMPs witnesses fafis short of establishing any "significant adverse impact" from the presence of the Licensee at 259 University Avenue West, so renewal of the license is recommended. R.C.L. 5 �� STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS ADMINlSTRATIVE LAW SECTION 100 WASHINGTON SQUARE, SUITE 1700 MINNEAPOLIS, MINNESOTA 55401 CERTIFICATE OF SERVICE Case Title: In the Matter of the OAH Docket No.: 7-6020-15158-3 Renewal of the Currency Exchange License of Team Management, Inc., d/b/a Community Financial Center. Mary Osborn certifies that on the 22nd day of November, 2002, she served a true and correct copy of the attached FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATION; by placing it in the United States mail, properly enveloped, with postage prepaid, addressed to the following individuals: Don Luna, City Clerk J. Patrick Brinkman, Esq. 170 City Hall Felhaber, Larson Fenlon & Vogt, P.A. 15 W. Kellogg B{vd. 225 S. 6th St. St. Paul, MN 55102 Minnea olis, MN 55402-4302 Scott Lambert, Exec. Vice President Virginia D. Palmer MN Auto Dealers Association Assistant St. Paul City Attorney 277 University Ave. W. 400 City Hall St. Paul, MN 55103 15 W. Kel{ogg Blvd. St. Paul, MN 55102 I� � OFFICE OF ADMINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In Re the License Renewal Application of Teazn Management, Inc. d/b/a Community Financial Centers CITY'S PROPOSED EXHIBITS November 21, 2002 TO: Judge Richazd C. Luis, Administrarive Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list ofthe City's proposed exhibits forthe Administrative Hearing on November 21, 2002. Exhibit No. E�. No. l Exh. No. 2 Exh. No. 3 Exh. No. 4 Exh. No. 5 Exh. No. 6 Exh. No. 7 Exh. No. 8 E�ch. No. 9 Description License applicationpacket from MinnesotaDeparhnent ofCommerce and cover letter to Christine Rozek dated October 10, 2002 (15 pp.); License information (4 pp.); Map titled "Properiy Within 300 Feet OfParcel: 259 University Ave W," dated October 16, 2002 (1 p.); Letter from Christine Rozek to Neighborhood Organization, dated October 16, 2002 (i p.); License Renewal Notification and Affidavit of Publication for St. Paul Legal Ledger (2 pp.); Letter and Invoice from Christine Rozek to Cazol Toner, dated October 16, 2002 � PP•); Receipt for Application, dated October 17, 2002 (1 p.); Letter from Scott Lambert to Christine Rozek, dated October 28, 2002 (1 p.); Notice Of Hearing, dated November 8, 2002, with Affidavit of Service (4 pp.); � 3-� � Exh. No.10 Notice of Council Hearing, dated November 15, 2002, with Affidavit of Service � PP•)• Also attached please find courtesy copies of applicabie St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legislarive Code § 310.06 St. Paul Legislative Code Chapter 381 Currency Exchanges Minn. Stat. Chapter 53A Currency Exchanges Respectfixlly submitted this 21 st day of November, 2002. � Virgini . Palmer Assistant City Attorney Office of The City Attomey 400 City Hall 15 West Keilogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 - Z�o2ovo Z�� MINI3ESOTA ��/� � DEPARTMENT OF 85 7th Place East, Suite 500 � �COMMERCE St. Paul, Minnesota 55101-2198 651.296.4026 FAX 651.297.1959 TTY 651.297.3067 Cluistine A. Rozek October 10, 2002 LIEP Deputy Director City of St. Paul 350 St. Peter Street, Suite 300 St. Paul, MN 55102 CERTIF'IED MAIL RE: Team Management Inc. dba Community Financial Centers — License #20136280 Currency Exchange License Renewal for 2003 Dear Ms. Rozek: The above-named currency exchange licensee has made application to renew its currency exchange license to operate at: 259 University Ave. West. St. Paul, MN Pursuant to Minnesota Statutes Chapter 53A.04, we are forwarding a copy of the complete renewal application to the City of�t�a in care of your office for you to review. a./ Minnesota Statutes Chapter 53A.04 requires the Department of Commerce to submit any application for licensure as a currency exchange to the governing body of the municipality in which the currency exchange conducts business. The law fiuther requires the governing body of the municipality to render a decision regarding the renewal of the license within 60 days. Your cooperation in forwarding this information to the proper unit within your orgairization is appreciated. Your reply must be received within 60 days of receipt of this letter. If you have any questions, please contact me at the telephone number listed below. Ve ly yo�� Robm H. Brown Financial Examinations Division 651-282-9855 Enclosure Enfo rcement: 1.800.657.3602 Energy Information: 1.800.657.3710 www. com merce.sYate. m n. us ��I�7ED IIeT LIEP �CT 1 1 2002 � anagement, Inc. d/b/a Community � nancial Centers City's Exh. No. 1 �i Licensing: 1.500.6573978 � Unclaimed Property: 1.800.925,5668 An Equat Opportunity Employer MINNESOTA 2002 L(CENSE RENEWAL NOTICE CURRENCY EXCHANGE TEAM MANAGEMENT INC . - dba:-�+n:r��^T �� ,�� .�• �, • License Type: CURRENCY EXCHANGE �v C't/.761e.v�7y j jf�,g,t%,;�� nse Number: 20136280 259 UNiVERSfTY AVE WEST C"c`aji�jsJ� ST PAUL, MN 55'103 Company Sfructure: CORPORATION Phone Number: (651) 291-1666 AFFIRMATION: Renewat Fee: $500 �3-�$ State ps y D�pr o : .. �� 0 � [] Check this box if you will not be renewing the license for the year 20Q2. Returning the form wili serve as a SURRENDER of the license. I hereby certify that the information and responses contained in this renewal appiication are true and correct to the best ot my knowiedge and belief. ��3teQL f�_ /d!✓Ei2 _ Ili�_ _Ij orii/�__f Nameee��ppp nnt) /` �� Tttle ��' �•�p�y�i� � nZ� Z� � Signature , Date Subscribed and sworn to, before me, a Notary Public, this�day of 2002 uGTP�RY SEAL ` �^ �^. �� State of �t� r� � r�� Notary Pubhc Signature County of _�.t��c..e My commission expires _� 1'1J'�_ You must retum this entire 2-page form with attachments, signed, along with your renewal payment, to: Minnesota Department of Commerce Financial Examinations Division 85 - 7th Place East, Suite 500 St. Paul, MN 55101-2198 CORRECTIONS/AMENDMENTS: Make name, address or telephone number corrections directly on the form above. . For a name change, attach a copy of the amended name fi(ed and stamped by ihe Minnesota Secretary of State. • P.O. Box addresses are not acceptable. Renewals without a street address will be returned. TIMELY RENEWAL: The renewal form must be signed, notarized, and dated and returned with the correct renewal fee by Sept. 1, 2002. • Pursuant to Minnesota Statutes, Chapter 53A.04(a), regarding the licensing of currency exchanges, both state and local approval of the issuance and renewal of a currency exchange license is required. This process may take up to 120 days; therefore, you should return the required forms immediately to ensure a timely renewal. • If all required forms are not fully completed and returned to our o�ce with payment by September 1, 2002, your license will lapse effective December 31, 2002. If your license does lapse, you must reapply for a Iicense using the license application form and paying the new license fees. - A proper;y renewed !ir.ense wili be valid thrr��h Decem6er 31, 2003. RENEWAL FEE: • NO CASH ACCEPTED. Please make check or money order payable to MN. DEPT. OF COMMERCE. • NOTICE: Dishonored checks wiil be assessed a$30 service fee by law and may result in failure to renew license. • Renewal fees are non-refundable except that an overpayment of a fee will be refundable upon proper application. If you have questions, piease contact the Financiai Examinations Division by e-mail at financiat.commerce@state.mn.us or by telephone at (651) 282_ggg5, MIDWEST CHECK CASHING 259 UNIVERSITY AVE WEST ST PAUL, MN 55103 Page 1 oF2 MINNESOTA 2002 CURRENCY EXCHANGE LICENSE RENEWAL NOTICE �3' U� The foliowing informafion must be compieted as part of the renewal appiication: 1. Attach to this form a list of the name(sJ, business and residence address, and o�i�cia{ titie of each director, offcer, limited or general partner, manager, shareholder holding more than ten percent of the outstanding stock of the corporation, and empioyees with authority to exercise management or policy control over the company or member of the {icensee. The fist should contain the equity ownership of each person. 2. Each person listed in item 1 must request the 6ureau of Criminal P.pprehension conduct a background investigation on the form provided. Completed forms must be submitted with your renewal application. 3. Attach a current fee schedule of all fees charged by the currency exchange office for cashing checks, money orders or trevelers checks. The list must inciude the type of checks cashed, the fees charged, and whether or not the fees vary depending on the amount of the check. 4. Attach the $10,000 Surety Bond (on the forms provided) with a power of attorney form. The bond must be effective January 1, 2003 until December 31, 2003. 5. Jo2s the ; �en��e have s;npioye�s at :he currsn sx-� ,•. ' cy .,��ang2l�:,o.io ? [ x] Yes [ ] No If yes, you must provide evidence of current workers' compensation insurance. Attach a copy of the certificate of insurence. �J'. �p,oix f�pynn�NrC �fF�v,a4� z',�,c .�a�,nc%� ('o�,�vff�y 5. Does the licensee operate any other currency exchange locations? [ j Yes [ XJ No If yes, attach to this form the name of the location, the street address, city, state, zip code and county. F� � 0 �-�� August 24, 2002 Sfate of Minnesota Department of Commerce Dear Sir or Madam: Personal Informarion: Name: Carol Toner Date of Birth: March 29�' 1950 Title: President Percent of Stock Owned: 100% Address: ��}c:HC: ) 517 Lake S,freet, Prescott, Wisconsin 54021 U�� S� UN�✓• AJP � [f`T �,�aJ�� IvlN J,T Social Security Number: Work Experience Covering Last Ten Yeazs: Executive Sales Associate, Coldwell Banker Bumet Realty, ESA, Presidents Circle, Licensed in Minnesota and QVisconsin President, Team Management, Iuc. 1997-Present Sincerely, Caroi A. Toner President Team Management, Inc. 03 ,�� Ai�ust 29, 2002 State ofMinuesota Department of Commerce Deaz Sir or Madain: Personal Information: Name: Date of Birth: TiCle: Percent of Stock Owned: James Meade December 6� 1951 Manager -0- Address: (',-F�« � J 1027 Portland Avenue St. Pavl Pazk, MN 55071 ` �s� vc' J7 Social Security Number: VJork Escperience Covering Last Ten Years � 199� - Present 1941 - 1997 Cashier-Team Management Inc. Plunkett Pest Control ��-�C, ��r.��siC3 � 3 " � Angust, 29'� 2002 State ofMinnesota Department of Commerce Dear Sir or Madam: Personal Information: Name: Date of Birth: Tifle: Percent of Stock Owned: Address: Michael Olson August 31�` 1476 Manager -0- 485 Warren Street Prescott, WI 54021 Social Security Number: Work Experience Covering Last Ten Years: 1997 — Present Cashier, Team Management, Inc. 1994 —1997 1991-1994 Sa1es, Circuit City Student, High School, CoIIege STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY BUREAU OF CRIMINP.I, APPREHENSION CRIMINAL JUSTICE INFORMATION SYSTEM SECTION 1246 UNIVERSITY AVE, ST PAUL, MN 551�4 - 4197 www.bca.state.mn_us (651) 642-0670 TTY (651) 282-6555 Date: 2002/08/29 Name: TONER, CAROL A DOB: 1950/03/29 SEQ #$: 1178 O �/� � This letter certifies that a search has been made of the criminal history files maintained in Minnesota by the Department of Public Safety, Bureau of Criminal Apprehension. The search was performed by Name and Date of Birth. The result of this-search-indicates that-no record was found.based _.__.: on the above search criteria. This does not preclude the possible existence of additional information located.at county or city levels. If you have questions about this record please Gontact the telephone number above. STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETS.' BUREAi3 OF CRIMINAL APPREHENSION CRIMINAL JUSTICE INFORMATION SYSTEM SECTION 1246 UNIVERSITY AVE, ST PAUL, MDI 55104 - 4197 www.bca.state.mn.us (651} 642-0670 TTY (651) 282-6555 Date: 2002/08/29 Name: MEADE, JAMES M DOB: 1951/12/06 SEQ #: 1180 �� This letter certifies that a search has been made o£ the criminal history files maintained in Minnesota by the Department of Public Safety, Bureau of Criminal Apprehension. The search was performed by Name and Date-of Birth.- The result of this search indicates that_no_record was found based on the above search criteria. This does not preclude the possible exiatence of additional information located at county or city levels. If you have questions about this record please contact the telephone number above. 0 STATE OF MINNESOTA DEPARTMENT OF PUBLIC SAFETY BUREAU OF CRIMINAI, APPREHENSION CRIMINAI, JUSTICE INFORMATION SYSTEM SECTION 1246 i7NIVERSITY AVE, ST PAUL, MN 55104 - a197 www.bca.state.mn.us (651) 642-0670 TTY (651) 282-6555 Date: 2002/08/29 Name: OLSON, MICHAEL C DOB: 1976/08/31 SE4 #: 1179 0 �(�� This letter certifies that a search has been made of the criminal history files maintained in Minnesota by the Department of Public Safety, Bureau of Criminal Apprehension. The search was performed by Name and Date of Birth. The result of this search indicates that no record was found based on the above search criteria. This does not preclude the possible existence of additional information located at county or city levels. If you have questions about this record please contact the telephone number above. � �-$� August 29, 2002 State of Minnesota Department of Commerce Fee Schedule Twe: Fee: Varies Government Checks & Pavroll Checks On File: 2.5% Up to $500.00 1�` Time: 5% Up to $500.00 On File: 3% Greater than $500.00 lst T � e ' 6 % Crreater than $500.00 Monev Orders: Issued by us: 3% Does not vazy Issued by others: 8% Does not vary Travelers Checks: 8% Does not vary All Other Checks: 8%-15% Varies with ID & Verification Minimum Fee: $1.OD 50 Ceat Service Fee on aA checks Service Fee Does NOT anplv to Government or Pavroll Checks WE RESERVE TI� RIGH'T TO REFUSE ANY CHECK BOttDl�tL'3k(gEg; 68733126 o�$� sTATi OF �fiNNEgpT,� CCtRRE3�F'C�Y E. ��Gg 3TJRETY BOND KNOR' A[-F-PF�SOPiS BY THESB PKESEN'Y'S: s Minnesota Corporation witfi bvsinc3s o�ea at as PRL�7CS.PAL {Nmme ofGLr:eacy °�cch�nb+t) rive, w., Saint Paul, NIN '� (SUcet RQdsc3se, C'�ry. Ssate, �P) ' /�lTRTTin� a cotporation duI (I+Tamc af 5ui�ety} y° � n '� �� 1�`�8 af tfie Statc of South Dakota 10 oigsgc iu t�e bvsiness oFixssncaucd in rhe State of Miacit5 x'hich is authrrri�,� ihc I7cpazUczcea: of Corsss�c� of tho State of °� as SUR�'£Y, ecc hccc6y'hc?$ and Erm3y boimd m Pt'incipa? aad Su: �2S Mizmesots ut tha sum af "TE?T Z'Ii0U5AND AOId.ARS lhese gtagenL;. �Y ebyBiad themseivos, �air repraseat35vas, succe�sun �d ossi (91O.UW). . �.io�nuS' and scverally bY Tlae parties fiurhv agae tt�at: 1. y, Tha pucpaso of this obiigaaon, which i; t�si�d by Minnesot3 Sk�tutys. Section 53A..A8, is to seotua rh� coc�gtiance hy}�rfimcipai wirh sha ceems afMhuftsoLa Sranues, Seetioa 53A.d2 Lo 53A.I3, and any pt�. g j Obligatios�a ariaing ouc 4Y Lh� Pr'ncipal�S enaducc as a�xreney exetian� �S `F'nis bond Ss for the ber�efit of t1�e S�� af Minnesota and aIl �ns �uf�cring da�na�� by rc�on ni thc PsiasiPaP f`tp�W9 i9 GPmpTy cvitb Minaeso� Sta4YtC5� Scctian 53A.02 ta 53A.44, �r otTter �ega2 obligatiuns arisza� out of PcincipaTs coad�i:t as a osrnncy cxchar�e. '�. �� '� �� `� Mirnu�oia Stalnus, Sectlon 53A.02 tp 33A.Q8, or o�hcr iega2 obligasioas aris�g �ut ofsa ec�nduct as a curreocy exchangr. the Co�mi.ssioncs of Co�macr. as weli as anypcx�un cZatnaScd as a resu?t ef such v"zola6an sha7 harc, ia adcstian tu a� othrs loba3 ramedies, a ri�� of action on s�is bond ix iaa aazae mftba fajurcd �y for loss svsiained by the ialured �az� ; �. �ikis bGte�i sha;S be ef�',ecmC fYOYtt 3anuary z, 2003 tu:hlbesec�es'.i1, 20�03 _, (Y'ear) Sir�:ad ¢xxd ��'es�i�y: ��y3 22nd �,� pr August - 2002 Y'iy. WESZERN SURETY CCMPANY ' gy `� r� •�� CName ofsl.�rety) (Sign�ofAttomey ia�'a, $y: � _ . �, - (NameafG`axrec�cy�c� � gY °�'� C�ignmtt e of Sole Propii�tot R t � ! # # R i f Y i c Y Z t t � F F x �� b��'-�7''.�i�NT GSE O'tLY - as to f�cm and �ceeu�o by Department of Cormne�a Team Management, Inc. of S�ss�*,y .IL'i, s z r • bate MNlT�C?C C& SOZv� 7�99 IN37RUC71pNg; ' �-$� � t. 7tYS sIQ� y{p p� �0�/d bY � ndY7l Oudk lon c�th tn� �rine�pai and u+� Suraty- 2. aa0s� �(ach th� Pow�r ot A2toceNy an1 C�rtl}i�a C�yy ot :na Corporote R�soiutlan tar tt� Sul�, .�npd haein. QCKNONlL�QGMENT Of 1N6NtpUAL s .'�'E OF C�UNTY pF } 1x J ACK�IOWLEDQMER7 OF p�ryClP.� On Nis �� tl � . 138�" Defare ma persarulty �ppaaroy knoum ta rn� ss t1+� rndrv�duai wAoaa nam� ia subscriDed o� �u �� farm, who ackrwwfedped thu vus bonC wai sxaaxad to� tNe Durposes Uwaia wnulne� jNctary Seatj ftoury Pubiie • • � ♦ • • . e • ♦ • • • . • . � . � . • . • � . � • • • • • � • • • • ♦ � � • • • ♦ • • s ♦ • • • • • • • . • • e e . ACXt�fOWLEDQI�tEN7 OF PA�IUER�HIP � STATe pF � COUNIY pF � �� ) ACKNpWLEOGMENT pF PRlNCtPAt On tAis _�� y� Qt 198 bafors me persanslly appsar�C subsafbad on 2Ais bond tortn. �rho adtnovAOdgad to ma Utnt thiabonQ ww t azxuted�on bahaif of II�ie pmmers p for Cse purAoses mara;,, eortttinad. (Netary Sealj NatafY PUl7Uc .....................................................:.,.... ` ACKKOWI.EOGAiENT RP CORPORATtON STATc'OF__(�(��.r',nk�c.,,, j COUNTY OF � it.Ptii.�Ll � Si ��1`�a�D�MdNT OF PRl,'4CIp,41, ... ) o� u,rs a9 a�r ot (.1.�,�.,.�� a � a_ . � . bafor� m� p�rsonaUy appeered � � L X1 � T�.l.��r f' �� who eeknowloCged fhat be or ahe ts utiQ of e eorporation wkwse name ts subseridep or1 thia pond form, and Shst as a eorporate offieer, ha er aho rs a�a�ed ta ezOCUts fia DonC TOt it�s purpOSeS iherein cOritau�ed. � , , , �^. . �" i' YI ta-vt� � y �t�.2a�` f �� NOtary PubGC � . • • • • • • a a w n ♦ � � f � � � � � � � � � �.• • • • • ♦ � � � • • � � • • • ♦ � ♦ • s • • s • � • . . . • . . . • . ACt(NOWLEDOMEN7 OF 3URtTY STA7E pF SOUZE� DAKOTA � COUNTY CF 3 u. MinneY�ana ) On mts 2 of autnoraeE yp siyn on bahalt of - WES1E �outn Dakota (scais or p�:ce or ecrpo�ation) (Nntary 3eaij ACKNOWLEDQMENT Of SUKPTt' wne on befare ma p�omlry avDoar�d 19ed Uat ha or she 3a the adomay in tacc wtio is `7Y (sure[y eompar,Y). �/ ��G.��'�� or,�z� NOI]!`f PUDIIC � �-�� Westerr� S�rety �� an � � POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That WESTERN SURE7Y COMPANY, a corporation organized and existing under the faws of the State of South Dakota, and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, Califomia, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, lowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Vrginia, Washington, West �rginia, Wisconsin, Wyoming, and the United States of America, does hereby make, co�stitute and appoint M. Bent _ p� Sioux Ealls Siate of South DaYotz , its re Ularl elected � Gi Y n SP� a � as Attorney-in-Fact, with full power and authority hereby onferred upon h�m to si� g�n, t execute, acknowledge and deliver for and on its behalf as Surety and as its act and deed, all of the following classes of documenfs to-wit: Indemnity, Surety and Unde�takings that may be desired by contrad, or may be given in any action or proceeding in any court of law or equiry, polio�e�,��i�mnifying employers against loss or damage caused by the misconduct of their employees; official, baii, and surety and fitleiiry !n aIl cases where indemnity may be lawfuliy given; and with full power and authority to execute consents and waiv�g �i7rodf{y o,p �or extend any bond or document executed for this Company, antl to compromise and settle any and all ciaims or de,�w �d�Or��islU��,ainst said Company. =- es�rn Surery`GOr��ar'�y further certifies that the following is a true and exad copy of Section 7 of the by-Iaws of Westem Surety � any duly adopted ar�d��W in force, to-wit: �`�'�., � � ; 4 _ �L�'��ection ��I bp ��olicies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the wrp�, ,� e.of- ' tlpany by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other offcerS'r�s�tfre�4Bo a gf=birectors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoin�f or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile. In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its _ Senior Vice President with the corporate seal affixed this 22nd day of August 2002 , ATTEST � ' Assistant Secretary WEST N SURETi / -T //� By _—___/_� �_ i , Paul T. Bruflat, enior Vice President STATE OF SOUTH DAKOTA 1 j ss COUNT`( OF MiNNEHAHA On this ZZnd day of _AUaust , 2002 , before me, a Notary Public, personally appeared Paul T Bruflat and A. Vietor who, being by me duly sworn, acknowfedged thai they signed the above Power of Attorney as Senior Vice president and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY, and acknowledged said instrument to be the voluntary act and deed of said Gorporation. + S D. KRELL s s S s S AE � NOTARY PUBLIC SE�A� s � SOUTH DAKOTA . . s s +s 4 My Commission Expires November 30, 2006 Notary public Fortn 672-4-2D02 Rug 29 02 01:01p ��'C�C ` 6128842252 p.l p3�� MirtaesoYa Workers' Compensatian qs$ig�Qd Risk Plan Standard Workers Compensation and Empioyers' Liat�illty po�i�, Contract Administrator Berlcley Risk Arlministrators CompanY. LLC P.O. 8ox 59�43 Minneapolis, Minnesota 554�g-0�43 Phone (872) 766-3000 NCCi Carrier Code 2146& The insured: C��T�FfCATE OF INSl1RqNC� Team Personne! Servfces lncorporated 259 Unive�s[�y qvenue St paL�, MN 551a3 PolicY hfumher. WC-22-04-11p577-0i Associ�i;on File Numbec 2624599 TazIQ#;E 417793236 U;C #; 17pg361D00 Policy Periae: Fram: yq�042 TO: 2/4/2003 The Certificate is issued as a matter of information o�ly and confers no rights upon the Certificatea'H dery�0Q2 This Certf:cate �oes no[ amead, =_Mend or alter fhe coverage afforded by the Policy listed below. 7his is to certify that the Po(icy of Insurance described herein has been issued to the insured named above for �e Po period indicated. Notwithstanding any requirement, term or condifion of any contract or other document he ein s sutrjeci to all eems exc usrons and condit ons of such pnt��y urance afforded by the Poiicy described Part One Workers' Compensadon Part Two Employers' Liability Statutory Bodily l�jury by Accident Bodify Injury by Disease 8odily frtjury by Disease $ each accident. 5500,000 pQ�� 10o,000 each employee. Should the above Policy be canceled before the expiration date thereof, trie Company wiq endeavor to mail 30 days wrrtten notice to the below named Certificate Ho(der, buf faiiure to mail such notice shali rmpose no obligation or liability of any Kind upon the Company. ' All EntiNe__ S��S�Teds__ Team Personnel Services Incorporated St Croix Personnei !nc — Certificate Hoider's iVame and Address: Star Sta�ng �� St Croix Personnel Inc Star Sta�ng inc Ade�cv Name and 4rt,� ess Kohlnhofer Agency Inc PO Sox 48g Lakeville, MN 55044 ��-��_�'� � Pssiie"�' — BA3�40 ,�= �--�. �;:.. '..:_.._ �� `,�; Y �-.+., ' y� MiNNESOTA SECRETARY OF STATE CERTJFICATE OF ASSUMED NAME Minnesota Statutes �%�P 2� � O p`1. 03 ,� � ..�.a - � - `� Read the directjorts on reverse sitfe 6efore com letin �� r,�� j.i�� P 9• Ffirtgfee: S�r.. ,fM The filing of an assumed reame do� not proYSde a user with exciusive righ� to thaf n�� S consumerproteetioninordertoenableeonsumersto6eabtetcfdecititytttetrueoyyne��. "�uiredfor PLEASE'i'YPE OR PRINT LGlBLY IN BLe�K INK FOR M(GROFIL�IING PURPO�� ES '1. Sfate the exact assumed name under whiph the business is or witl be conducted: (one husiness name per applicatio�) ..+ : �om�u�viry / /'�,,�,�o.,<- i 2 State the address of the principai ptace of business. A comptete st�eet address or Nra4 route and ruraf route box r�umber is required: the sddress cannot be a P.Q.Box. � Name (p/ease prrnfy S� �Y State Zp A.. t,..�- tl � .,.., / 4 1 certify that 1 am authorized to sign this cefifipte and f further cefity that I understand that by signing this certifipte, � am subject in the pena(ties of perjury as set forth in Minnesote Statutes section 609.4B as if 1 had signed this certificate under 6aU�. �i'� (05920807)rev.2/01 3. List the name and cnmpiete strp,et address of aii persons mnducting business under the aboveAssumed Name or if the business is a corppration, p�ovide the legal corpocyte name and registered office address ot the corporatipn, qqact� Additional sheet(s}'sfnecessary. /'f//,'�� is'. �Tof,,- � i'/ Pnnt Name and Title l ��dC � � /eti�crz �� t�..? J�7ri Contact Persoc� pay�me phone tlumfier ' License Group Comments Text Licensse: TEAM MANAGEMENT INC OBF+� MIDWEST CHECK CASHING License #: 20020002146 11/20/20Q2 ��}�V 91/OS/2002 Notice of Hearing from CAO for 11/2'I/2002 due to lack of customer control. CMK 11/06/2002 Fax sent to Robin Brown, State, informing her that this currency exchange renewal is being scheduled to be heard by an ALJ. rar/caa �0/2�/2002 Notifiqtion response date � 1/01/2002, notices mailed 70/21/2002; 48M & 34EM.JL/caa 10l11l2002 received notice from State of MN that ficensee has made application to re�ew its currency exchange license. caa O6l05/2002 City Council adopted resolution 02-476, memorializing Council action taken 4/4/02 granting the appeal of Carol Toner to a decision of the BZA denying a vanance of space requirement tor currency exchange to nearest residential property tine. caa OS/28/2002 Have received no objections against this currency exchange license by notification date / CAA OS/�372062 Notification response date 05124/2002, notices mailed 05/�3/2002; 50M.JL 04/24/2002 Motion of intent - appeal granted (Council found error in BZA #02-� 03580 finding number 1 and 2 and amended them to read as follows: �) Property cannot be put to a reasonable use under the strict provisions of the code and 2) appellan£s plight is due to dreumstances unique to the property. Council adopted BZA findings number 3-6. jjh/qa 04/77/2002 Letter from LIEP announcing public hearing before City Council on 4/24/02 to consider the appeal of Carol Toner to a decision of the BZA denying a variance of spacing requirement for curtency exchange business to nearest residential property line. 03/25/2002 BZA Public Hearing scheduled - Major Variance - Carol Toner #02-103580 (Zoning B3) - A variance of the separation requirements from residential property in order to move a arrency exchange business from 477 Rice St to 259 Univesity Ave W. A separation of 100 ft from the nearest residential property to the building and a separation of 69 feet is available, for a variance of 31 feet. License #20020000210 - history of initial application for Minnesota Currency Exchange. 03/07/2002 per CAO, flle can be closed and application canceled. cao/caricaa 03/07/2002 Per CAO - Close file. CAR 02/�5/2002 Midwest Check Cashing to withdraw its application due to zoning denial. CAR 02/15/2002 AW hearing scheduled 9�30AM. CAR 02/01/2002 Notice of Hearing and Intent to Deny Application from CAO scheduled for ALJ Allan W. Klein for 02/15/2002, 9:30 AM, Room 41, conceming ourrency exchange license application due to IocaGon being within 400 feet of residential property. SS 01/23/2002 Zoning denied-There is a 100 foot setback restriction, from residential property, for all currency exchanges. This building is setback only 69 feet hom the abutt�ng residential property. jjh7caa 01/17/2002 as per copy from State of MN, an application has been submitted by Carol Toner to operate a currency exchange business at 259 University Ave W. This proposed location is curcently within one-haif mile of another licensed currency exchange at 477 Rice St. Ms Toner states in her 12/18/Ot letter, the Rice Street location witl close on 3/30/02, and the 259 University tocation will open on 4/1/02. Commerce Dept will not issue a new license until the other currency exchange license has been surrendered. cadcaa ��, � �■ �VIanageinent, Inc.�d�%a Cora� — Financ�al Centers City's Exh. No. 2 , ��,�� -�� u,.�� , L� , �ic. TYP�s , brnxa� , Bad , �em�N, �' R�eM � taG�tsee C` UM} p� Pro�4Fac�atm: A.SINCIOM17,CQRANE � Stteatf, s'�5 AtivHSeAWOnCmnmetds j SirP.�t PtemC ERS17Y (€ " . �eetTYOa" AYE Aredtai; � 3 �..... 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TYPes � hs�axe � 8md �� licefsEe Nmne: IAAN.4�h$i+I/➢VC �31ct.'se:.', ' DBA: CtECH CdSt9NG 58k5 Tez kL �163 Pbn-Wofit, � tNTakeYS CdM< � : E7W?!�"�... &A Cw@aG ReCtt AA 7r,vrehg 12e�'tl: 00 RA Fea Cd�eC R7p� 6ucoutd Reckt I� -tAed L'cense To:..— G't�TnCwrtaci Y` tieert�a,A�ress 6a:.ic9�asaiCheckRec�S'ed �"" Llartrsa �1 JAbitS MANAGER(RI aar� - - z ��'�� .. ��:`-Rd80T000a'ad :.:;.; �; uceaee ad�§ese � t �`t� � ''.� ed e�'L.,��stig� � ��e�' , ` Fc4v�t�,�, � E�rta�u, �� sr�, �� I��,,,,�(�i`�oe�n. �� zpvM:;: � , �_ �� H �� '�,�= z ��.. . __K: ��,�1�� TY(� � PropertY r ittensee {" UnOtY� ?? Ad ,�"!M�?b4Y Street �: � a9 — �„.._� SVrEZt^i6nre. r— d'! : ..C�GeI ".:. Sh�etTVP°- 7� � "N,caSeecctr Direqars �„� � ::,� �� Gily, sRC> y .,'� ;�. �§; � 151&2 i] VKKET 1 i9S8s Tf�tffCOTR�P _ ... Adixs 4lcensePrirdad .... . AGM� _• L�pNM� .. t1�J12E7890 � � 5 &Am.=, FourM — �'�"— ��.;�� `� � v ��o�rt� . `. :s9tcr�„�.'��'�ar«: ��sx �ECimsu: E�3"i� ; `': <�� +l��,£�d??�'...�ztam.. W � I�I I u i rvoiavw ar.��:n,n i� � � � � � m � � � � _ z w 0 0 � m m O � C� m r N � � C Z G m � � � � D G m � � � ...� � {�� N QFPICE OF LICENSE, INSPECTIONS AND ENVIRONMENTAL PROTECIION Roger C. Curtis, Director CITY OF SAINT PAUL Rartdy C. Ke1Iy, Mayor October 16, 2002 Dear Neighborhood Organization: LOWRY PROFESSIONAL BUILDING 350 Sc Peter Street, Suite 300 Saint P¢u1, Minnesota SSIOZ-I510 ��$� D Te7ephone: 651-266-9090 Facsimile: 6S I -266-9124 Web: www.ci.stpauZ.mn.vs/[iep The Office of License, Inspections and Environmental Protection (LIEP) has received notificarion from the Minnesota Deparhnent of Commerce for the renewal of the currency exchange license for Team Management Inc doing busines as Community Financial Centers located at 259 University Avenue West. Minn. Stat. §S3A.04 requires the approval or disapproval of your application by the local governing body after published notice and public hearing, within 60 days after receipt of the application from the Commissioner of Commerce. You have 15 days from the date this notice was mailed, to express any objections. The response deadline is given on the reverse side of this document. If you have any objections to the renewal of this license as described on the reverse side of this document, please send your objection(s) in writing to: Christine A. Rozek LIEP Deputy Director Office of License, Inspections and Environmental Protection 350 St. Peter Street, Suite #300 Saint Paul, Minnesota 55102 Or fax to Chrisrine A. Rozek at (651) 266-9124. If objections are received, the matter shall be scheduled for a hearing before an administrative law judge, and the hearing requirements of Saint Paul Legislative Code §310.05 shall apply. You wiil receive notice of the time, place, and date of the scheduled hearing from the City Attorney's Office. If you have any questions regarding this license renewal or the hearing process, please contact me at (651) 266-9108. incerely, � �� Christine A. Rozek LIEP Deputy Director AA - ADA - SEO En�""'i�� '�'�� =iVianagement, Inc. d/b/a Community � Financial Centers City's Esh. No. 4 � LICENSE RENEWAL NOTIFICATION 3.� � D License Number: Purpose: License At: Applicant: 20020002146 License renewal for a State of Minnesota Currency Exchange License 259 University Avenue West Team Management Inc dba Community Financial Centers Response Date: November 1, 2002 - 4:30 PM (Friday) If you have any objections to the renewal of this license, you must respond in writing by November 1, 2002 to: Christine A. Rozek LIEP Deputy Director Office of License, Inspections and Environmental Protection 350 St. Peter Street, Suite #300 Saint Paul, Minnesota 55102 Or faY to Christine A. Rozek at (651) 266-9124 If you have any questions regarding the license renewal, please contact Corinne A. Asuncion, LIEP Project Facilitator, at (651) 266-9106 ar Christine A. Rozek, LIEP Deputy Director, at (651) 266-9108. Notice Mailed: October 16, 2002 AA - ADA - EEO Em3�� VIanagement, Inc. d/b/a Community � � Financial Centers City's Exh. No. 5 � .: uc�nsE B�wai, Nozmicarton Iimuse NumbeT 1999000`1146 � Pu[pose: License renewal for a State of � Minnesota Gtiuxency F�change License i;� At 259 Unive[sityAVenue West Applicant: Team Management , Inc dba Cummunily FYnancial C�tP*� Respunse Date: lioveIDber 1, 2002 - 4:SO P1S nh3da9l if' }rou Lave an}� abjections m the renewal ofi this llcense, you mssst respond in writing by Nw�ber 7, 2002 tn: Chrisline A Roa.ck IdEP Deputy Dicector office of Ifcense,-Inspections and Envlronmental Protection 350 St. Peter Sa�eet, Slsste #300 , Saint Panl, Mumesota 55102 Or fas to Chrtstine A Ro�zk at _, — (651) 266-9124 - � If you fiave any questiona regaz�'v�g 1he license renewal, please contact Corinne A. Asuncion, I,tEP Project Facilitator, at (651) 266-9106 or Ch[istine A Roixk, UEP'Deputy D'utttor, at . �(G,51) 266-8108. Notice Mailed: October 1C?;'`,I . . (Octobe"r`BS) _'—_' S7: PAUL LEGAL LEDGER =___�_ 02044732 AFFIDAVIT OF PUBLICATION i State of Minnesota, County of Ramsey Patrick Boulay, being duly sworn, on oath says that he/she is the publisher or t6e pubiisher's designated agent of t6e newspaper known as the SL Paul Legal I,edger and has full knowledge of the facts which are stated below: 3�� (A) The newspaper has compiied with all the requirements constituting qual�cafion as a qualified legal newspaper, as provided by Minnesota Statates 331AA2, 331A.07, and other applicable Iaws, as amended. (B) The printed Notice which is attached was cut from the coWmns of said newspaper and was printed and published once; it was published on Octobec 21, 2002. and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is here�y acknowledged as being the size and kind of type used in the composition and pubiication of said notice: L1SA M. KiNG � NOTAflYPUB�C•MINNESOTA � My Comm. Expires Jan. 31, 2005 Rate Into�mation (1) Lowest dassified rate paid by commercial users for comparable space is S N/A (2) Maximum rate allowed by law for the abave pubGcafion is S 58.01 (3) Rate actually charged For tM1e above publicatiou is S 5274 Subscribed and sworn to before me this 21st day of October, 2002 OFFICE OF LICENSE, INSPECTIONS AND ENVIRONMINTAL PROTECI'ION Roger C. Curtis, Director CITY OF SAINT PAUL Randy G KeiZy. Mayor October 16, 2002 Ms. Cazol Taner, President Team Management Inc 517 Lake St Prescott WI 54021 IAWRY PROFESSIONAL BUII.DING 350 SY Peter Street, Sviie 300 Saint Paul, Minnesata 55102-I570 �-�� D Telephone: 657-266-9090 Facsunile: 65I-2669724 Web: www.cisrpaul.mn.us/fiep RE: Currency Exchange License Renewal for Team Management Tnc dba Community Financial Centers for the premises located at 259 University Avenue West Dear Ms. Toner: The CiTy of Saint Paul Office of License, Inspections and Environmental Protecrion has received norification from the Minnesota Deparhnent of Commerce of your currency exchange license renewal applicarion for Team Management Inc dba Community Financial Centers located at 259 University Avenue West, St. Paul, Minnesota 55103. Minn. Stat. §53A.04 requires the approval or disapproval of your applicarion by the local goveming body after published norice and public hearing. The procedure established in the Saint Paul Legislative Code §381.02(c) requires that the director of LIEP shall; in writing, notify the council and the aifected neighborhood organizarion(s) established for citizen participarion purposes and shall publish notice of intenrion to consider the possible renewal application. Proper notification has heen sent to the council and the affected naighborhood organizations in which you intend to operate, giving them until November 1, 2002 to voice any objections to your license renewaL If no grounds for objecrion have been raised within fifteen (15) days of such notice, LIEP shall recommend issuance of the license to the commissioner of commerce. If objections have been xaised to the issuance of a renewal license, the matter shall be scheduled for a hearing be£ore an admnustrative law judge, and the hearing requirements of Saint Paul I,egislafive Code §310A5 st�ail apply. You will receive nofice of the fime, place, and date of the scheduled hearing from the City Attorney's Office. Saint Paul Legislarive Code Secfion 381.02(c) requires the license applicant to pay a fee to the City to cover the costs of administering and processing the cutrency exchange renewal. The fee for this renewal is $317.00 and must be paid within fi8een (15) days of the receipt of this letter, If you have any questions, I can be reached at {651) 266-91�8. incerely, ��.� �• R � Christine A. Rozek LIEP Beputy Director Attaclunent: Invoiee � AA - ADA - EEC ]�jap�t� Iri c�. d!b/a Community � '�' Financ�al Centers City's Exh. No. 6 I � Invoice ❑ Check this box if making any name, mailing address or phone # corrections. Please wrife the changes on this fortn. If your tiusiness license address is changing, please request a new business license application. To: Ms. Caroi Toner Team Management Inc Community Financial Centers 259 University Avenue West St Paul MN Business Phone : Home Phone : I 7ransaction Description @ 259 University Avenue West 20020002146 Minnesota Currency Exchange License Renewat D3-$ `� CITY OF SAINT PAUL Office of License, Inspections & Environmental Protection 350 St. Peter Street, Suite 300 Saint Paul, MN 551 02-7 51 0 PHONE: (651) 266-9090 FFJC: (651)26fi-9�24 imoice Due Date: 11(0112002 Account Balance: $317.00 Pay this Amount: $317.00 Transaction Total 317.00 Requirements RECEIPT FOR APPLICATION Date of Application: Oct 17, 2002 Received From: 20020002746 TEAM MANAGEMENTINC MIDWESS CHECK CASHING 259 UNIVERSIIY AVE W ST PAUL MN 55103 In application for: Minnesota Currency Exchange (1 ) Eff Date: May 24, 2002 - Exp Date: Dec 31, 2002 Lic Fee: Total Due on this application $317 00 Other Fees Owed $a.00 Account Total Amount Due $3t7.00 Amount Paid $317.00 Date Received Oct17,2002 Outstanding Account Balance Due $O.oO GIN OF SAINl" PAUL n �ffice af License. Inspections � hl� antl Environmental Protec6on J 350 St Peter S[ Suite 300 SaintPaul,Minnesota55t02-1510 (651) 266 - 9090 'raz I�`1) 266 - 9124 vnvw. ci. stpaul. mn. us/liep $317 00 Amount Paid: 5317.00 ConWcts: Project Facilitator: ASUNCION, CORINNE Inspector(s): SCHWEINLER, KRISTINA (KRIS) License (651) 266-911D BERGMANN, DAVE (651} 228-6238 HAWKINS, JEFFREY (651) 266-9083 Conditions: B'��f� t��hodC��p� � t S'�'•`�� S C� Eo �� °S �� NOTIFY: !s'.��%��2 � MAILED: l��//l.� CONTACT: t�s �..� � �� !' f u�' _ .� { CYRC2°. 1 J✓YGE' ��,�� f�taF�i� S'�'" z�r�s� �1b �'� ��✓� r` Pxo�: x: w: LIQUOR: CORIIVNE LAIJRA. P'f/�.°` ��Z��23��f9d`�` This is not a License to � • ��Vlanagem�ent, Inc: d/b/a Community � -.1 Page 1 of 1 Financial Centers City's Exh. No. 7 � �� A � p 3�$� - - --- 1��/ - Minnesota Automobile Dealers Association SCOTT LAMBERT, EXECUTIVE VICE PRESIDENT • 277 UNIVERSITY AVE. • ST. PAUL, MN 55703 LOCAL (657) 297-2400 • TOLL FREE i-B00-652-9029 • FAX (657) 291-2894 homepage http://www mada.org October 28, 2002 Ms. Christine A. Rozek LIEP Deputy Director Office of License, Inspections & Environmental Protection 350 St. Peter Street Suite 300 cr. P2�.11, � 55142 Dear Ms. Rozek: I would like to object to the renewal of the currency exchange license at 259 University Ave. West. As I informed the city last Spring when the business was allowed into this location. Their parldng is not adequa.te frx the type of business they operate. At that time I expressed my exueme concern that my parking azea would become the default parking lot for them. Since the businesses have been open we have endured faz worse than I expected or imagined. Their customers aze constanUy using our parking ]ot. Not only aze their customers using the lot but they use it to dump thelr gazbage, and on two occasions my staff has witnessed currency exchange customus urinating in our lot before they get into their cars. Often one or more people stay in their vehicle while another eirters the business. This is intimidafing to my staff and customers. We have had confrontations and on one occasion chased a peddlu out of the lot. Promises by Community Financial Centers to control their customer's activities have proved hollow. The business should not be allowed to continue in their current location. They should re-establish themselves in a location suitable for their business. 'Pl�auk you for your attention. Sincerely, ��,� �ti/ IJv ' Scott Lambert Executive Vice President. �,: , i� � m •, ._1Vlanagement, Inc. d/b/a Community m F'inancial Centers City's Exh. Na. 8 • CITY OF SA1NT PAUL Rnndy C Kelly, Mayor November 8, 2002 OFFICE�FIE CTTY ATTORNEY ( n� � Manuel J. Cerv¢ntes, CiryAttorrsey �3� v Civi1 Division 400 City Hall Telephone: 65I 266-8710 ISWestKelloggBlvd. Facsimile:65129&5619 Saint Pau1, Minnuota 55101 NOTICE OF HEARING Carol A. Toner, President Community Financial Centers 259 University Avenue West Saint Paul, Minnesota 55103 RE: Currency Exchange License Renewal Appiication Submitted by Team Management, Inc. d/b/a Community Financial Centers, for the premises located at 259 University Avenue West in St. Paul License ID #: 20020002 Dear Ms. Toner: Please take notice that a hearing will be held at the following time, date and place concerning the cunency exchange license application for the premises identified above: Date: Thursday, November 21, 2002 Time: 9:30 a.m. Place: Room 220, Conference Rm B St. Paul City Hatl 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Richard C. Luis Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-349-2542 - - � y �, � AA-ADA-EEO Employer �anagement, Inc. d/b/a Community v, Financial Centers City s Exh. No. 9 � � The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul I,egislative Code. Adverse acrion may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against the currency exchange license renewal application you submitted at the above premises as follows: The Office of License, Inspections and Environmental Protection has received an objection from the Minnesota Automobile Dealers Association, located at 277 University Avenue West, to the renewal application for the currency exchange license at 259 University Avenue West. The complaint specifies that parking at the licensed location is not adequate for the type of business operation. Currency exchange customers are constantly parking their vehicles in the MADA lot, using the MADA lot to dump their garbage, and on two occasions MADA staff have witnessed currency exchange customers urinating in the MADA lot before getting into their cars and leaving. One or more individuals will stay in the vehicle while another person enters the currency exchange, which is intimidating to MADA staff. MADA staff have had confrontations and on one occasion chased a peddler out of the lot. Promises by Community Financial Centers to control their customer's activities have been unsuccessful. You have the right to be represented by an attorney before and during the hearing or you can represent yoursel£ You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legisiative Code as may be applicable. � � At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each o£whom the City's attomey may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding azguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. Notice of Hearing - Page 2 ,' � You should bring to the he�g all documents, records and witness�ou 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 Ivlinnesota Rules, part 1400.7000. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Admuustrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any questions, you can call me at 266-871Q. V ery truly yours, � � Virginia . Palmer Assistant City Attorney � �� cc: Diane Nordstrom, Office of Administrative Hearings, 100 Washington Squaze, Suite 1700, Mpls, MN 55401 Scott Lambert, Executive VP Minnesota Automobile Dealers Assiciation, 277 University Avenue, St. Paui, MN 55103 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, Deputy Director of LIEP Kristen Kidder, Team Leader, Thomas-Dale/Dist.7 Planning Council, 689 N. Dale St., St. Paul, MN 55103-1644 Notice of Hearing - Page 3 h �. � � STATE OF MIIVNESOTA ) ) ss. COLTNTY OF RAMSEY ) � AFFIDAVIT OF SERVICE BY MAIL � 70ANNE G. CLEMENTS, being first duly sworn, deposes and says that on November 12, 2002, she served the attached NOT`ICE OF HEARING placing a true and correct copy thereof in an envelope addressed as follows: Carol A. Toner, President Community Financial Centers 259 University Avenue West St. Paul, MN. 55103 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mails at St. Paui, Minnesota. 5ubscribed and sworn to before me this 12th day of November, 2002. r`: Notary Public r�� - �: !� �. =�a.rt::�,<��ra fi�.'G`T'r'��' c i:�j't�C- hiltv'\c�JT{i ;:�Y ti,'�.tRr^,Pii�S�ti':!�'' };••:».� 3:.r� • CITY OF SA1NT PAUL Randy C. Kelly, Mayor November 15, 2002 OFFICE�THE CITY ATTORNEY � t�� ManuelJ. xtu,CityAttorney Tl �V V civit Division 400CityHail Telephone:651266-8710 /5 West Kellogg BTvd. F¢csimile: 651298-5619 Saint Pau1, Minnesota 55101 NOTICE OF COTJNCIL HEARING Carol A. Toner, President Community Financial Centers 259 University Avenue West Saint Paul, Minnesota 55103 RE: Currency Exchange License Renewal Application Submitted by Team Management, Inc. d/b/a Community Financial Centers, for the premises located at 259 University Avenue West in St. Paul License ID #: 20020002 Dear Ms. Toner: Given the time constraints for a response to the Minnesota Department of Commerce on your renewal application for a currency exchange license, and in anticipation of timely receipt of an Administrative Law Judge's report, we have scheduled this matter for public hearing in front of the Saint Paul City Council, in the City Council Chambers, Third Floor, Saint Paul City Hall, on Wednesday, December 4, 2002. Public hearings begin at 5:30 p.m.. If you have any questions, I can be reached at 651-266-8710. Sincerely, / / �� (/ � � �� LC'-4J �C'�.. � �ir/� � Virgima D. Palmer Assistant City Attomey cc: Scott Lambert, Executive VP Minnesota Automobile Dealers Association, 277 University Avenue, St. Paul, MN 55103 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, Deputy Director of LIEP Kristen Kidder, Team Leader, Thomas-Dale/Dist.7 Planning Council, 689 N. Dale St., St. Paul, MN 55103-1644 ■ irrency xc ang uense Y eai i <dVlanagement, Inc. J/b!a Community Financial Centers City's Exh. No. 10 ,.. - � STATE OF MII�TNESOTA ) ) ss. COUNTY OF RAMSBY ) � AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on November 15, 2002, she served the attached NOTICE OF COITNCIL HEARING placing a true and correct copy thereof in an envelope addressed as follows: Carol A. Toner, President Community Financial Centers 259 University Avenue W. St. Paul, NIN. 55103 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. �1 -, , Subscribed and sworn to before me this 15th day of November, 2002. Notary Public P£�".��': � F`�;ititi.�3C4,+Zi� P;6?A.?k PU3LiC - R;i1iN=SOT,S :e9S' �`v�!y'�APq:ecv�^.ry L?:F.=�<r`i ,?F'.�':. d i 2ii "� ��-$`� . SPPD RMS QUERY Address Search PUBLIC {2EPORT Ad�ress SeaCCft= 27i UNlVEFtSiTY AV thl (Secfor: 2 Grid• 90 ) from 01/07l1998 to � it� 9!2£}02 Refrieved 17 recosds C¢mplaint # Gcwr 64Ee & Time 022084sa O�%t7:2CO220-23 �----� '-- C2S60130 07282G02582! 02043175 03%032Cd2 01:4E 02043032 03i02%2�2 24 _43 02042603 03�02`7'!12 Oa c7 07?68856 0&/10/ZOd' 23�40 01144792 07/'13200 � 23 57 OC121 fi69 06/26206Q 08 27 OOi14927 06�18!20f�613t7 00045365 03!75;7CQ011'2i 00072120 Ot/2120�007.37 99728978 OS!12%49�90114 997715d4 07125l199923:54 99t05597 07rt3i1S�957.45 9879R032 3L27i19$9D6'S0 98098860 OBp?�7998:2.32 98052630 041t 5:1998 0236 Incident Type TRF STOP-ADVE$E ALARMS ALARMS ALARMS AlARMS TRF STOP-ADVIS£ ALAftMS VANDALISM Tf2F STOP-ADVISE A;ARMS ALARMS A�ARMS ALARMS ALARMS ALARMS AlARMS ALAftMS Qis�msition Apttt 1� TRF ADV RCV RCV RGV TRF RCV RGV 7RF CAN RCV RCV RCV RCV ADV AOV RCV D �.$� �1VIan�agement, In c�. d/bia Co e Financial Centers ��s Exh. No, 11 tnformation requesfed by i tzzpzsa� , I 1 Printed at11/1912002 14�58:05 „ _ � , .� _ � i . �:.� CITY OF SAINT PAI�;�” ':. ? fi:: 8= �� R¢ndy G Kelly, Mnyor ^� r i � . t � : ;`jiCi-i:le� . _ _ .�i I# J November 8, 2002 OFFICE OF THE CITY ATTORNEY �$� Manuel J. Cervantu, CityAtforney Al l/ CivilDivision 400CiryHa71 Telephone:651266-8710 ISWestKellogg8lvd. Fauimile:651298-56I9 Saini PauT, Minnesota 55102 NOTICE OF HEARING Cazol A. Toner, President Community Financial Centers 259 University Avenue West Saint Paul, Minnesota 55103 RE: Currency Exchange License Renewal Application Submitted by Team Management, Inc. d/b/a Community Financial Centers, for the premises located at 259 University Avenue West in St. Paul License ID #: 20020002 Dear Ms. Toner: Please take notice that a hearing will be held at the following time, date and place concerning the currency exchange license application for the premises identified above: Date: Thursday, November 21, 2002 Time: 9:30 a.m. Place: Room 220, Conference Rm B St. Paul City Hall 15 W. Kellogg Blvd. St. P»Ll, �dIN. 551�J2 The hearing wili be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Richard C. Luis Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-349-2542 AA-ADA-EEO Employer � �� The Council of the City of Saint Paul has the authority to provide for hearings concerning D licensed pzemises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against the currency exchange license renewal appiication you submitted at the above premises as follows: The Office of License, Inspections and Environmental Protection has received an objection from the Minnesota Automobile Dealers Association, located at 27'7 University Avenue West, to the renewal application for the currency exchange license at 259 University Avenue West. The complaint specifies that parking at the licensed location is not sdequate ffor the �ype of business operation. Currency exchange customers are constantly parking their vehicles in the MADA lot, using the MADA lot to dump their garbage, and on two occasions MADA staff have witnessed currency exchange customers urinating in the MADA lot before getting into their cars and leaving. One or more individuals will stay in the vehicle while another person enters the currency exchange, which is intimidating to MADA staff. MADA staff have had confrontations and on one occasion chased a peddler out of the lot. Promises by Community Financial Centers to control their customer's activities have been unsuccessfui. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whorn the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. Notice of Hearing - Page 2 `` You should bring to the hearing all documents, records and witnesses you will or may need to }�� " support your position. Subpoenas may be available to compel the attendance of witnesses or the � production of docuxnents in conformity with Minnesota Rules, part 1400.7000. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law 7udge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non-public data is received into evidence at the hearing, it maybecome public unless objection is made and refief requested under Minnesota Statutes, Section 14.60, subdivision 2. � If you have any questions, you can call me at 266-8710. Very truly yours, � �� Virginia .I��Palmer Assistant City Attorney � � �� cc: Diane Nordstrom, Office of Administrative Hearings, 100 Washington Squaze, Suite 1700, Mpls, MN 55401 Scott Lambert, Executive VP Minnesota Automobile Dealers Assiciation, 277 University Avenue, St. Paul, MN 55103 Nancy Anderson, Assistant Council Secretary, 310 City Hall Christine Rozek, Deputy Director of L]EP Kristen Kidder, Team Leader, Thomas-Dale/Dist.7 Planning Council, 689 N. Dale St., St. Paul, MN 55103-1644 Notice of Hearing - Page 3 - ■ urre cy xc ange ice se e y eam �Ianagement, In�. dJb/a Community /3 � Financial Centers ��, �s Exii. Nu.'� � � u renc xc ang acense E y eam �.dVlanagement, Inc. d/b/a Commuaity � Financial Centers ��upT-�City's Exh. No. � � � �� l�s E,xh. �� F. /� ' � � �/'�NI L' c�'�. /7 ■ urrency + xc . nge tcense e }� zam �._lYlanagement, Inc. d/t�/a Community s d �� Financial Centers �� t_'ity's Euh. No, � �- � � �r� � �`. / � � / � �r�� .��