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94-1430 Council File # � � � � R I G i N A L Green Sheet # RESOLUTION CITY OF INT PAUL, MINNESOTA � Presented By 4�� Referred To Committee: Date 1 2 RESOLVED, that the lice application (I.D. No. 14465) of Louis J. Bacigalupo, 3 dba The Car Connection, for the p emises at 817 Vandalia Street in Saint Paul for a 4 general repair garage license unde ' Chapter 423 of the Saint Paul Legislative Code, is 5 hereby denied. 6 7 FURTHER RESOLVED, t at finding and conclusions contained in the Report of 8 the Administrative Law Judge ( ), dated August 24, 1994, are expressly ratified and 9 adopted as the written findings and conclusions of the Council in this matter and 10 incorporated herein by reference. e Recommendation of the AL,J for action is 11 adopted. The Memorandum of the � attached to the findings and conclusions is 12 adopted. 13 14 This Resolution is also base on the record of the proceedings before the ALT, 15 including the hearings on August 4 nd 5, 1994, the documents and exhibits introduced 16 therein, and the deliberations of th Council in open session. 17 18 A copy of this Resolution, a' adopted, shall be sent by first class mail to the 19 Administrative Law Judge, and to t e applicant. Yeas Navs Abs nt Requested by Department of: a e arr s rimm uerin e ar �� e man une BY� � Adopted by Council: Date �' � Form Approved by City Attorney Adoption Certified by Council Secreta y g �, �. 22�� B y� Approved by Mayor for Submission to '' Council Approved by y r Date �i �% B ��!��(/ '1 B y' � �� .. . � � P i . � . , �� 1 _ q �� :� DE EICOUNCIL INITIATED � � � *� � • � LIEP/License 9-�3-94 Q� EEt� SHEE �' WNTACT PER80N 8 PHONE � DEPARTMBNF QIRE m �� CIIY COUNCIL � � Robert Kessl er �66 -911� �� (� cm�Tronr�r � c�rrc�RK MUS BE ON CUUNCIL BY (DATE) � BUDQET OIRECTO � flN. & MOT. SE�ES DIR: September 28, 1994 p tiu►roH �oR �►ssisr�m � � TOTAL � OF SIC�NATURE PAGES 1 � (CL ALL LOCATIONS FOR SIQNATUR� ACTION AEOUESTED: Adverse Action- �� To deny the license application for Louis J. Bacigali4po., �' �coM�NOnTror+s: �aw�e (�t or Rep� ta) ER80NAL SERVICE CQNTRACT8 MUST ANYwER TN� FOLLAMIINO GUESTIONS: p' _ PLANNIN(i COMIMI8810N _ CIV� SERVICE COMMI8310N M88 U1ie plfbONflflif elrof WOlked uflde► a 00�hsCt fOf lhi8 d!�leCdTl9nt? YES NO � _ CIB (�IrIMnTEE — H8s NtiB psrBOnNirm wN b�sn.s olly Nn�loyes7 � _ BTAFF — YES NO ; _ D18TRICT COURT _ Doss thi8 persONftrm possep � NdN not rwrtnellY PaM�asd bY �nY CurreM t�ty employ�s? ;, SUPPORT8 NMICH CalfiClL �JECTIVE? YES NO plaln �It y�s ensw�n on a�p�►�N� d�t �nd aM�ah to 9n�n sMst ; i. i� INITIATINO PROBLEM, 18SUE. OPPARTUN�TY (Who, Wh�t, When. Wt�re. f t ) � ADVANTAOE8IF APPROVED: ' '., - . . i �;. ` �: ;{t � �: , . . . . } .. . � ' h DISADVANTAQES IF APPROVEO: ' � �'t�Yt]Ct� �6S@�G1 I,i6t1� � � � SEP 2 3 1994 � '� � ,°=------------- .�:.� � � g DISADVANTMiES � NOT APPROVED: ` a ', ;9 ;,; ;� 3 . F ' TOTAL AMOUNT OF tRAN8ACT10N = COST/REVENUE sUDQHTED (CIRCIE ONE) YES NO ; , FUNDING SOURC@ ACTIVITY NUMBER I PINANCIAL INFORMATION: (EXPLAIN) ' t a t I -�, . -, ,a NOTE: COMPLETE OIRECI'IONS ARE INCL.UOEO IN THE �EN SHEET MI$T�UaTIQNAL MANUAL AVMU1BlE lN THE PURCifASIMG OfFtCE (PHONE NO. 2�&42i5). � FiOUTINO ORDER: eebw are cornsct rouU�tps ior ths iNre moat frequeM ypea ot documsnis: CONTRACTS (aasun�es aulh�xfz�ed budgat axists) COUNCIL RESOLUTION (Ame�d 8udpsb/Accept. (ianb) 1. Outaide Agency i. Depertm�t DirecTcr 2. Department Director 2. Budget Director � 3. Ciry Aftomey 3. Ciry Attomey 4. Meyor (for co�tr�ts over $15,000) 4. MayqdAssistant 5. Flumen RigMa (i� �nVacts ove� 550,000) 5. Ciry Ca��uil 8. Finance and Managemgnt Servk�a Director 6. Chief Axountant, Fi�anoe and Management Servioes 7. Finenc� Accountinp ADMINISTRATIVE OROERS (Budqet RevFslon) COUMCiI RESOLUTtON (all othsrs. and O►dinanc�s) 1. Activity Manager 1: b�ertmsnt Dirsctor 2. Department Acxountant 2. Cily Attomey 3. Department Director 3. Mayor Asaistant 4. Budget Director 4. City Council - 5. City Clerk 6. Chief Accountant, Finence and Management Sefvfces ADMINISTRATIVE ORDERS (all othero) 1. Departtnent Director 2. City Attwney 3. Fi�ance and Manegement Services Director 4. Cfty Clerk TOTAL NUMBER OF SI(3NATURE PAGES Indicata the #ot pagas on which aignatures are roqui�ed and p�p�rellp or flsp �sch of thes� pag�s. ACTION REOUESTED - Describe what the projact/request aeeks to ac:comptiah in eNher chronologi- cal order o► order ot importance, whicheve� is mosi approprtaEe (or the isaue. Do not writa c�fplete aente�css. Begin each Rem in your list with a verb. RECOMMENDATIONS Complete ii the iasue in cprostion has bssn presented beloro any body, public or private. SUPPORTS WHICH COUNCIL OBJECTIVET Indicate which Council objecNve(s� your pro�ecl/requestsuppo rts by listing the key word(s) (HOU31N(i, RECR�ATION, NEIGHBORHOODS, �COWOAAIC DEVELOPMENT, BUDGET, SEWER SEPARATION). (SEE COMPLETE UST IN INSTRUCTIONAI MANUAL.) PERSONAL SERVICE CONTRACTS: This informati�on wip be used to determine the dtyls liability tor wo�icero compsnsatbn clafms, tsxes and propsr dvil ssrvtcs t�irtrp rulss. INITIATINC3 PROBlEM,1SSUE, OfaPORTUNI7Y Facplafn the situatlon orca►ditbns that created e need tor your project or request. ADVANTACsES IF APPRQVED lndicate whether this is simply an annual budget procedure required by law/ chatter or whether there a►e apecilic ways in which the City of Saint Paul and fts cidzens will bsneHt from this projecUactbn. DISADVANTAOES IF APPROVED What nagative etfects or major char►pes to existing or �sast �ocessea might this projecthequest produce it it is pesaed (e.g., traf(ic delays, raise, tax itxxeasea or assessments)? To Whom? When? For how k�ng? OISADVANTA(iES IF NOT APPROVED What wilt be the negative co�sequenoes N Me promiasd action is not I epproved? Inebiliy to dslhrer s�vk�? Continued high trattic, rwise, � accident rats4 loas of revenueT f � FINANCIAI.IMPACT Although you muat taflor the Mformation you provids hero to the issue you ` are,addressiny, in generel you must answer two questbns: How much fs it going to cost? Who fs going to pay4 : STA E OF MINNESOTA � ��u�� qy � i � �o ��'•Si� OFFICE OF DMINISTRATIVE HEARINGS 100 Wa hington Square, Suite 1700 _ 100 ashington Avenue South ��. .+. Minnea lis, Minnesota 55401-2138 September 8, 1994 Nancy Anderson Assistant Secretary to Council Research St. Paul City Council 310 City Hall 15 West Kellogg Boulevard St. Paul, Minnesota 55102 Re: In the Matter of the Lice se Application of Louis Bacigalupo for the Premises Located at 817 V ndalia Street; OAH Docket No. 80-2101-8927-3 Dear Ms. Anderson: On August 24, 1994, Administrative Law McConnell served the Findings of Fact, Conclusions and Recommen tion in the above—entitled matter. Enclosed please find the official recor . A copy of the tapes of the hearing will follow at a later date. Our file in this matter is now being closed. Very truly yours, � ��r� ' ��'�-� i • Nancy M. � omas Docket Clerk Telephone: 612/341-7615 NT Enc. Providing Impartia Hearings for Government and Citizens An E ual Opportunity Employer Administrative Law Section & Administrative Servic (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 349-2665 qy-I�3o AFFIDA IT OF SERVICE BY MAIL Rita A. McConnell, of �e City of St. Paul, County of Ramsey, in the State of�Minnesota, being duly sworn, states that on the ��day August, 1994, she served the annexed Findings of Fa t, Conclusions of Law, Recommendation, and Me randum, upon the individuals named below by mailing to the a copy thereof, enclosed in an envelope, postage prepa'd, and by depositing same in the U.S. mail at St. Paul, innesota as follows: City Clerk Sain Paul City Council 386 City Hall 15 est Kellogg Blvd. Saint ,aul, Minnesota 55102 M . Philip Byrne Office of the City Attorney 400 City Hall 15 est Kellogg Blvd. Saint P ul, Minnesota 55102 Mr. Louis Bacigalupo c/o he Car Connection 81 Vandalia Street Saint aul, Minnesota 55114 and 981'East Orange Ave. Saint ul, Minnesota 55106 C/ ita A. McConnell Subscribed and sworn to! before me this �� da of August, 1994. ary Public JANN 8. HEYEN �TARyM�JC-1�MIESOTA 1"IEI+NNEPNN CaJf�TY �1r0�wer+n��q.».� ! } l:;:�Y;3�E .� N��A4 :. $ :,. ."�M Jfjl�Nt►}1ATGN �:,.,��. v�v�ve� t��r�f3� � s� , . . . . � _,.,,.,,.�,>� �, - � . .- r,irn.. �..�.`n1*q='�.,b OFFICE OF THE CITY ATTORNEY TimoUry E. Manr, City Attorney CITY OF SAINT PAUL Civil Division q �-I - ��-1 � � Norm Colenutn, Mayor 400 Ciry Hall Telephone: 612 266-8710 IS West Kellogg Blvd Facsimile: 612 298-5619 Saint Pau� Minnesotn 55102 � C �� a� �1��1` August so, 1994 AUG 3 0 1994 NOTICE OF COIINCIL HEARING Louis Bacigalupo The Car Connection I 817 Vandalia Street Saint Paul, Minnesota 551 4 Re: License Application f r General Repair Garage License Premises at 817 Vanda ia Street Dear Mr. Bacigalupo: Please take notice tha a hearing on the report of the Administrative Law Ju e concerning the above-mentioned establishment has been sch duled for 3:30 p.m., September 21, 1994, in the City Council Chambe s, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with Nancy Anderson, Assistant Secretary to the City Council, at any time during normal busin ss hours. You may also present oral written argument to the C uncil at the hearing. No new evidence will be received or testi ony taken at this hearing. The Council will based its decision on he record of the proceedings before the Administrative Law Judge nd ont he argument made and exceptions filed, but may depart fro the recommendations of such Judge as permitted by law in the ex rcise of its judgment and discretion. Very truly yours, . . !� ' Philip B. Byr I Assistant City Attorney I cc: Robert Kessler John Hardwick LIEP Nancy Anderson Council Secretary Ms. Abby Struck, C.O. ' St. Anthony Park Comm nity Council 890 Cromwell Avenue Saint Paul, Minnesota 55114 . _ �.,,,,,�,�:��,�,,,,, ,. 'fHES`7, � ti . �,...,.....,q��r �!•; � � - _. - . - '� '�� '� �� qy - I� 30 .� . _ ,.�� .�. N�'� <y " ��'� ;� �'�:�� . ,, �,,,�... ,- -�� . <�c�;:,�}�a ,� �� ,,,:�,,:��,,,,,,,, � . ST TE OF MINNESOTA Administrative Procedure Act Section , Workers' Compensation Section Telephone Number (6�2) 341-760o OFFICE F ADMINISTRATIVE HEARINGS Telephone Number (6i2) 341-7635 Fax Number (612) 349-2665 Fax Number (612) 349-2691 100 Washington Square Suite 1700 . Minn apolis, Minnesota 55401-2138 August 24, 1994 ,�, � �_ City Clerk RECEIVED Saint Paul City Council 386 �ity xall AUG 2 5 1994 15 West Kellogg Blvd. Saint Paul, Minnesota 5 �02 CITY CLERK Re: In the tter of the License Application of Louis Ba igalupo for the premises located at 817 Vand lia Street File No. 80-2101-8927-3 - Dear City Clerk: Enclosed for service up n the Saint Paul City Council are ' the Findings, Conclusio s, Recommendation and Memorandum I prepared following a he ring in the above-referenced matter. A copy of this Report h s also been served this day on the City Attorney, Mr. Phil p Byrne, and the license applicant, Mr. Louis Bacigalupo. i Sincerely, �_�--_'--' ,, l� ; � � C',, ": 1�C5� ita A. McConnell '�ing Officer c�: Mr. Philip Byrne Mr. Louis Bacigalu o AN EQU OPPORTUNITY EMPLOYER ' ' ,� , . - TtiF ' c�'....... �, �r v�;.,.,�,,;,�,,� �:�;, .� _ �_�:� � .�� . . _. _ q� iy�� . � � .,r.+�:�:. Y �'`:G: "' � " ! . `• �' y �� . �, � I T. : I� :►,• ��.�� J � r � * �� ' ,. .nn�..n;�...� - . ST E OF MINNESOTA ` Adrninistrative Procedure Act Section Workers' Compensation Section Telephone Number (612) 341-7600 OFFICE F ADMINISTRATIVE HEARINGS Telephone Number (612) 341-7635 Fax Number (612) 349-2665 Fax Number (612) 349-2691 100 Washington Square Suite 1700 Minn polis, Minnesota 55401-2138 August 24, 1994 Mr. Philip Byrne Office of the City Atto ney RECEIVED 400 City Hall 15 west xellogg slvcl. AUG 2 5 1994 Saint Paul, Minnesota 5 102 Mr. Louis Bacigalupo CITY CLERK 981 East Orange Ave. Saint Paul Minnesota 551 6 and c/o The Car Connecti n 817 Vandalia Street '� Saint Paul, Minnesota 5 114 Re: In the Ma ter of the License Application of • Louis Bac galupo for the premises located at 817 Vanda ia Street File No. 0-2101-8927-3 Dear Mr. Byrne and Mr. B cigalupo: Enclosed for service upo you please find a copy of my Findings, Conclusions, R commendation and Memorandum prepared in the above-re erenced matter. A copy of this Report has also been ser ed on the Saint Paul City Council, in care of the City Cler , on this day. Sincerely, � �L R �a A. McConnell Hearing Officer cc: City Clerk, Saint Pa 1 City Council AN EQUAL PPORTUNITY EMPLOYER -� - -� q�I - I�! � �. 80-2101-8927-3 � . C,Q g-Z�O-�� k . ST TE OF MINNESOTA RECEIVED OFFICE OF ADMINISTR.ATIVE HEARINGS FOR TH CITY OF SAINT PAUL AUG 2 5 1994 CITY CLERK In re the License Appli ation FINDINGS OF FACT of Louis Bacigalupo, db CONCLUSIONS OF LAW The Car Connection AND RECOMMENDATION 817 Vandalia Street, Sa nt Paul, Minnesota The above-entitled matter came on for hearing before Administrative Law Judg Rita A. McConnell on August 4 and 5, 1994 at 9:00 a.m., i Room 40-B, Saint Paul City Hall and Ramsey County Courthous , 25 West Kellogg Blvd, St. Paul Minnesota, 55102. The record closed on August 5 at the close of the hearing. Philip B. Byrne, A sistant City Attorney, appeared on � behalf of the City of S. Paul Office of License, Inspections and Environ ental Protection (LIEP). Testimony was provided by John Ha dwick, Zoning Inspector for LIEP, by Sherry Webb, Inspector or the Saint Paul Fire Department, and by Scott Quinn, 160 Euclid Street, St. Paul, a consumer. Neither Louis Baci alupo nor any other individual appe:ared on behalf of t e license applicant. Notice is hereby g' en that this Report is a recommendation only and ot a final decision. The St. Paul City Council will make e final decision. After a review of the record, it may a pt, reject, or modify the Findings of Fact and Recommendati'ns contained herein. Parties should contact the City Clerk, t. Paul City Council, 386 City Hall, St. Paul, Minnesot 55102, to ascertain the procedure for filing exceptions or presenting argument. �� -- . . _. - q� ��D ST TEMENT OF ISSUES , � Whether or not th application submitted by Louis Bacigalupo on November 3, 1993 for a General Repair Garage License should be denie on the grounds (1) the applicant has engaged in a practi e or conduct from which an inference of lack of fitness may e drawn and (2) the applicant has failed to obtain buildi g permits necessary to bring the premises into complianc with the applicable building codes. Based upon all the files, records and proceedings herein, the Administrat ve Law Judge makes the following: F NDINGS OF FACT 1. On November 23 1993, Louis J. Bacigalupo applied for a General Repair Ga age license to operate a business under the name of "The ar Connection" at 817 vandalia Street in Saint Paul. ity Exhibit No. 2. The application indicated Mr. Bacigalup intends to operate an automotive � repair and clean-up bus'ness from that location. 2. The license ap lication was forwarded to all • interested city departm ts, including the Fire Department and the Office of Licen , Inspections and Environmental Protection(LIEP), to de rmine if the business operation proposed in the applicat'on complies with applicable health, housing, fire, zoning an building codes and regulations. 3. ,7ohn Hardwick, oning Inspector with the Office of LIEP, is responsible for reviewing such applications to determine whether a prop sed business operation complies with city zoning require ents. When Mr. Hardwick received the Bacigalupo applicati n he researched the zoning and occupancy history of the building proposed to be used by Bacigalupo for a repair arage. Mr. Hardwick determined the building had been constr cted as an office and warehouse and 2 � �-- . . _. _ q� ��.� . ., __ was subsequently used or various retail operations. At no time has the building een used as a general repair garage. � . 3. The zoning de ignation of the building permits the operation of a general repair garage on the premises. The new use of the buildin , however, requires compliance with certain provisions of he building code. Those requirements include the installati n of a floor drain with a trap to prevent flammable wast s from being discharged into the sani.tary sewer system, and compliance with the standards imposed by the America s with Disabilities Act to make the business handicap-acce sible. There are also ventilation requirements that vary epending on the size of the building.. 4. In order to m e the changes required to operate of an automobile repair g age at 817 Vandalia, including the installation of an app priate floor drain, the owner or contractor must obtain building permit from the city. 5. On December 7, 1993, Mr. Hardwick wrote to Mr. Bacigalupo at his home ddress of 981 Orange Avenue East, Saint Paul, advising hi of the need to "obtain the - necessary building perm ts to bring the building up to the code requirements for a general repair garage." The letter explained that complian e to these code requirements was required for zoning app oval of the license. City Exhibit No. 5. 6. As of August 3 1994, Mr. Bacigalupo had neither spoken to Mr. Hardwick bout the changes that were required, nor had he obtained any of the necessary permits to complete the work. 7. Mr. Bacigalupo previously operated a general repair garage under the name o Louis' Straightline Auto Specialists in Saint Pa 1. That business serviced the car of Scott Quinn, 1601 Eu lid Street. The service, which was guaranteed for one year was inadequate and the problem with the car resumed after a proximately five weeks. Mr. Quinn's efforts to have Mr. Bac'galupo pick up the car and perform 3 � � � . _ _. _ q�l . � __ further repairs were u successful; Mr. Quinn ultimately obtained a default jud ement against Louis' Straightline �� Auto in conciliation c urt for the amount of $480. City Exhibit No. 7. The ju gment has never been satisfied. 8. City records ndicate Mr. Bacigalupo has incurred default judgements in atters other than the complaint brought by Mr. Quinn. City Exhibit No. 6. 9. Sherry Webb i an inspector for the Saint Paul Fire Department. For the p st nine years, Ms. Webb has been responsible for inspec ing, among other businesses, general repair garages for com liance with the City Fire Code. In the course of her duti s, Ms. Webb inspected the building located at 817 Vandali Street. In 1994, Ms. Webb was at those premises on five occasions: January 31, March 17, April 11, May 2 and Ma 17. On each of those occasions, Ms. Webb observed that Mr. Bacigalupo was operating a car repair business from the prem ses although a license has not been issued. Specifically, s. Webb observed cars parked in and around the premises, c rs being worked on by individuals dressed as mechanics, ndividuals who appeared to be customers paying for a d waiting for cars, as well as car repair tools, tool box s and a large (265-365 gallon) waste oil tank. 10. As recently s August 4 and 5, 1994, an advertisement appeared in the Saint Paul Pioneer Press Classified section und r item 128 (Auto Painting, Repair) that read as follows: T SMISSIONS REBUILT $159 & UP 1 ear Warranty 644-1142 City Exhibits Nos. 9 a d 10. The phone number is the same business phone provide by Mr. Bacigalupo on his license application, and where he was reached on August 4 by the City Attorney to discu s the hearing of this matter. 4 . . _ . . _. _ qy-��3o�. . .� ._ 11. On June 28, Philip Byrne, Assistant City Attorney, _ sent Mr. Bacigalupo a letter informing him that a hearing , would be held on his icense application on August 4 and 5, 1994 in Room 40-B of int Paul City Hall, at which time the city would present ev' ence that would constitute grounds for denying the licen . The letter, which was sent by first class mail to 81 Vandalia Street, detailed the type of evidence that woul be presented to support the license denial. City Exhibit . 1. Mr. Bacigalupo received the notice, but elected no to appear at the hearing. City Exhibit No. 8. Based upon the fo egoing, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administr tive Law Judge and the St. Paul City Council have jurisdict on in this matter pursuant to Minn. Stat. Section 14.55 an Saint Paul Legislati�e Code Sections 310.05 and 310.06. 2. Mr. Bacigalup received timely and proper notice of the hearing of this ma ter pursuant to Saint Paul Legislative Code Secti n 310.05(b). 2. Saint Paul L gislative Code Section 423.01 requires the operator f an automobile repair garage to obtain a license for s ch a business. The license application can be den ed on grounds described in the St. Paul Legislative Code ection 310.06. The following are among the grounds for enial: (b)(3)...the prem ses...which are to be licensed do not comply with applicable health, housing, fire, zoning and building codes and reg lations. (b)(6)c. The ... pplicant...has engaged in or permitted a pattern or practice of conduct of failure to comply with laws reaso ably related to the licensed activity 5 � � � . _. _ q� �� o � ._ or from which an infer nce of lack of fitness or good character may be drawn . 3. Mr. Bacigalup has failed to bring the building at 817 Vandalia into comp iance with the zoning and building codes. 4. Since January of 1994, Mr. Bacigalupo has failed to comply with laws reaso ably related to the operation of a general repair garage y operating such a business from the premises at 817 Vandal a without an appropriate license from the City of Saint Paul 5. Mr. Bacigalup has demonstrated a lack of fitness or character by operat ng without a license and by failing to respond to the foll wing: (a) the city's request that the building be brought in o compliance with applicable codes; (b) the city's notice f the hearing on his license application; (c) the c mplaints lodged by Mr Quinn and subsequent conciliatio court judgement obtained by Mr. Quinn. Based upon the fo�egoing Conclusions, the Administrative Law Jud e makes the following: � RECOMMENDATION IT IS HEREBY RECO ENDED that the St. Paul City Council deny the application f r a general repair license by Louis Bacigalupo. Dated this day of August, 1994. � � -Rita A. McConnell Administrative Law Judge 6 � �. � � . _. _ q�l-i�� _ .� ._ Reported: Taped (not transcribed; tape number 21,359) NOTICE . The St. Paul City Council is requested to serve a copy of its final decision pon the Administrative Law Judge as well as the parties by first class mail. MEMORANDUM In November of 19 3, Louis Bacigalupo appropriately began the process to 1 cense a general repair garage business he intended t operate at 817 Vandalia Street. The applicant was unable t sustain his effort to obtain a license, however, when faced with City requirements for bui�ding safety, acces and environmental protection. Rather than taking the steps necessary to bring his business operation into complia ce with City regulations, Mr. Bacigalupo elected to gnore the licensing requirements and simply operate without a license. Denial of Mr. Bac galupo's application because he � failed to comply with he building code and operated his business without a lic nse is an appropriate outcome in this case. By his actions, Mr. Bacigalupo has shown an indifference to the in erests and needs of the community in which he is operating. He has demonstrated little regard for the residents of Saint Paul even as he solicits their business. The Saint P ul Legislative Code provides ample grounds for denying a icense to an individual who considers his convenience and in erests to be paramount to those of his customers and his mmunity. R.A.M. 7 City of Sa1nt Paul City Council Investigation and Research Center Suite 310, City Hall aint Paul, MN 55102 qy - i� 6, 2 266-8564 INTER-DEPARTMENTAL MEMO ANDUM - aq DATE: September 15, 1994 TO: Council President Da e Thune Councilmember Je Blakey Councilmember Mari Grimm Councilmember Din Guerin Councilmember Mic el Harris Councilmember Rob a Megard Councilmember Jani Rettman FROM: Nancy Anderson SUBJECT: Official Records - uis Bacigalupo, The Car Connection, and Anoura Khamassi, Your Foo Market. For your information, the official re I ords in the matter of the licenses for Louis Bacigalupo, The Car Connection, 817 Vandalia treet and Anoura Khamassi, dba Your Food Market, 169 North Victoria Street, are avail ble for your review in our Council Research Of�ce. If you are interested in reviewing t ese documents, please see Mary Erickson or Vickey Carroll. NA I .. I�1'Il; . �1'FIF, S , T� ti,.. ,,,� � �,� , �lr; �'P. ,�� ' N,".� ° � . ,. ,�4.�.,.Y.,�,.. � ,, '� u . �� .�„ :.. � �,. , �� ,;. !�,�.� q�- I�-I�o STA E OF MINNESOTA Adrninistrative Procedure Act Section Workers' Compensation Section Telephone Number (612) 341-7600 OFFICE O ADMINISTRAlIVE HEARINGS Telephone Number (612) 341-7635 Fax Ninnber �Fi1?) 349-2665 Fax Number (612) 349-2691 00 Washington Square Suite 1700 Minne polis, Minnesota 55401-2138 August 24, 1994 Mr. Philip Byrne Office of the City Atto ney 400 City Hall 15 West Kellogg Blvd. Saint Paul, Minnesota 5 102 Mr. Louis Bacigalupo 981 East Orange Ave. Saint Paul Minnesota 55 6 and c/o The Car Connect' n 817 Vandalia Street Saint Paul, Minnesota 114 Re: In the M ter of the License Application of Louis Ba 'galupo for the premises located at 817 Vand ia Street File No. 0-2101-8927-3 Dear Mr. Byrne and Mr. B cigalupo: Enclosed for service upo you please find a copy of my Findings, Conclusions, R commendation and Memorandum prepared in the above-re erenced matter. A copy of this Report has also been ser ed on the Saint Paul City Council, in care of the City Cler , on this day. Sincerely, < C� . McConnell Hearing Officer cc: City Clerk, Saint P ul City Council AN EQUA OPPORTUNiTY EMPLOYER . , . q�- �`�� 80-2101-8927-3 ST TE OF MINNESOTA OFFICE OF DMINISTRATIVE HEARINGS FOR TH CITY OF SAINT PAUL In re the License Appli ation FINDINGS OF FACT of Louis Bacigalupo, db CONCLUSIONS OF LAW The Car Connection AND RECOMMENDATION 817 Vandalia Street, Sa nt Paul, Minnesota The above-entitled matter came on for hearing before Administrative Law ,7udg Rita A. McConnell on August 4 and 5, 1994 at 9:00 a.m., i Room 40-B, Saint Paul City Hall and Ramsey County Courthous , 25 West Kellogg Blvd, St. Paul Minnesota, 55102. The record closed on August 5 at the clo5e of the hearing. Philip B. Byrne, A sistant City Attorney, appeared on behalf of the City of S. Paul Office of License, Inspections and Environ ental Protection (LIEP). Testimony was provided by John Ha dwick, Zoning Inspector for LIEP, by Sherry Webb, Inspector or the Saint Paul Fire Department, and by Scott Quinn, 160 Euclid Street, St. Paul, a consumer. Neither Louis Baci alupo nor any other individual appe:ared on behalf of t e license applicant. Notice is hereby g ven that this Report is a recommendation only and not a final decision. The St. Paul City Council will make he final decision. After a review of the record, it may a opt, reject, or modify the Findings of Fact and Recommendat ons contained herein. Parties should contact the City Clerk, St. Paul City Council, 386 City Hall, St. Paul, Minneso a 55102, to ascertain the procedure for filing exceptions o presenting argument. i . . Q �/� I � � � � �1,� ST TEMENT OF ISSUES Whether or not th application submitted by Louis Bacigalupo on November 3, 1993 for a General Repair Garage License should be denie on the grounds (1) the applicant has engaged in a practi e or conduct from which an inference of lack of fitness may e drawn and (2) the applicant has failed to obtain buildi g permits necessary to bring the premises into complianc with the applicable building codes. Based upon all the�files, records and proceedings herein, the Administrat ve Law Judge makes the following: F NDINGS OF FACT 1. On November 23 1993, Louis J. Bacigalupo applied for a General Repair Ga age license to operate a business under the name of "The ar Connection" at 817 Vandalia Street in Saint Paul. ity Exhibit No. 2. The application indicated Mr. Bacigalup intends to operate an automotive repair and clean-up bus ness from that location. 2. The license ap lication was forwarded to all interested city departm nts, including the Fire Department and the Office of Licen e, Inspections and Environmental Protection(LIEP), to de ermine if the business operation proposed in the applica ion complies with applicable health, housing, fire, zoning a d building codes and regulations. 3. John Hardwick,'Zoning Inspector with the Office of LIEP, is responsible fo reviewing such applications to determine whether a pro osed business operation complies with city zoning requir ments. When Mr. Hardwick received the Bacigalupo applicat on he researched the zoning and occupancy history of th building proposed to be used by Bacigalupo for a repairlgarage. Mr. Hardwick determined the building had been const�ucted as an office and warehouse and 2 I � � � q�-i�� was subsequently used f r various retail operations. At no time has the building b en used as a general repair garage. 3. The zoning des gnation of the building permits the operation of a general epair garage on the premises. The new use of the building however, requires compliance with certain provisions of t e building code. Those requirements include the installatio of a floor drain with a trap to prevent flammable waste from being discharged into the sani.tary sewer system, �nd compliance with the standards imposed by the American with Disabilities Act to make the business handicap-acces ible. There are also ventilation requirements that vary epending on the size of the building. 4. In order to ma e the changes required to operate of an automobile repair ga age at 817 Vandalia, including the installation of an appr priate floor drain, the owner or contractor must obtain building permit from the city. 5. On December 7, 1993, Mr. Hardwick wrote to Mr. Bacigalupo at his home ddress of 981 Orange Avenue East, Saint Paul, advising hi of the need to "obtain the necessary building perm'ts to bring the building up to the code requirements for a�general repair garage." The letter explained that complian'e to these code requirements was required for zoning app oval of the license. City Exhibit No. 5. 6. As of August 3, 1994, Mr. Bacigalupo had neither spoken to Mr. Hardwick out the changes that were required, nor had he obtained any f the necessary permits to complete the work. 7. Mr. Bacigalupo reviously operated a general repair garage under the name of Louis' Straightline Auto Specialists in Saint Pau . That business serviced the car of Scott Quinn, 1601 Euc id Street. The service, which was guaranteed for one year, was inadequate and the problem with the car resumed after ap roximately five weeks. Mr. Quinn's efforts to have Mr. Baci alupo pick up the car and perform 3 � � � qa�-��30 further repairs were un uccessful; Mr. Quinn ultimately obtained a default judg ment against Louis' Straightline Auto in conciliation co rt for the amount of $480. City Exhibit No. 7. The jud ent has never been satisfied. 8. City records i dicate Mr. Bacigalupo has incurred default judgements in m tters other than the complaint brought by Mr. Quinn. ity Exhibit No. 6. 9. Sherry Webb is�an inspector for the Saint Paul Fire Department. For the pa t nine years, Ms. Webb has been responsible for inspect�ng, among other businesses, general repair garages for comp iance with the City Fire Code. In the course of her dutie , Ms. Webb inspected the building located at 817 Vandalia Street. In 1994, Ms. Webb was at those premises on five ccasions: January 31, March 17, April 11, May 2 and May l7. On each of those occasions, Ms. Webb observed that Mr. acigalupo was operating a car repair business from the premi es although a license has not been issued. Specifically, M. Webb observed cars parked in and around the premises, ca s being worked on by individuals dressed as mechanics, i dividuals who appeared to be customers paying for an waiting for cars, as well as car repair tools, tool boxe and a large (265-365 gallon) waste oil tank. 10. As recently a August 4 and 5, 1994, an advertisement appeared n the Saint Paul Pioneer Press Classified section unde item 128 (Auto Painting, Repair) that read as follows: TRAN MISSIONS REBUILT $159 & UP 1 Y ar Warranty 644-1142 City Exhibits Nos. 9 an 10. The phone number is the same business phone provided,by Mr. Bacigalupo on his license application, and where e was reached on August 4 by the City Attorney to discus the hearing of this matter. 4 q�.-i�3o 11. On June 28, P ilip Byrne, Assistant City Attorney, sent Mr. Bacigalupo a l�tter informing him that a hearing would be held on his li ense application on August 4 and 5, 1994 in Room 40-B of Sa nt Paul City Hall, at which time the city would present evid nce that would constitute grounds for denying the license The letter, which was sent by first class mail to 817�,Vandalia Street, detailed the type of evidence that would e presented to support the license denial. City Exhibit No, 1. Mr. Bacigalupo received the notice, but elected not�to appear at the hearing. City Exhibit No. 8. Based upon the for going, the Administrative Law Judge makes the following: I CONCLUSIONS 1. The Administra ive Law Judge and the St. Paul City Council have jurisdicti n in this matter pursuant to Minn. Stat. Section 14.55 and Saint Paul Legislative Code Sections 310.05 and 310.06. 2. Mr. Bacigalupolreceived timely and proper notice of the hearing of this mat er pursuant to Saint Paul Legislative Code Sectio 310.05(b). 2. Saint Paul Le islative Code Section 423.01 requires the operator o an automobile repair garage to obtain a license for su h a business. The license application can be deni on grounds described in the St. Paul Legislative Code S ction 310.06. The following are among the grounds for d nial: (b)(3)...the premi es...which are to be licensed do not comply with applicable ealth, housing, fire, zoning and building codes and regu tions. (b)(6)c. The ...a licant...has engaged in or permitted a pattern or actice of conduct of failure to comply with laws reason ly related to the licensed activity 5 ..� � q�-i�I�o or from which an infere ce of lack of fitness or good character may be drawn. 3. Mr. Bacigalupo has failed to bring the building at 817 Vandalia into compl'ance with the zoning and building codes. 4. Since January f 1994, Mr. Bacigalupo has failed to comply with laws reason bly related to the operation of a general repair garage b operating such a business from the premises at 817 Vandali without an appropriate license from the City of Saint Paul.'� 5. Mr. Bacigalupo has demonstrated a lack of fitness or character by operati g without a license and by failing to respond to the follo ing: (a) the city's request that the building be brought int compliance with applicable codes; (b) the city's notice o the hearing on his license application; (c) the co plaints lodged by Mr Quinn and subsequent conciliation court judgement obtained by Mr. Quinn. Based upon the for going Conclusions, the Administrative Law Judg makes the following: ECOMMENDATION IT IS HEREBY RECO ENDED that the St. Paul City Council deny the application fo', a general repair license by Louis Bacigalupo. Dated this � ay of August, 1994. _��._..__. � A. McConnell Administrative Law Judge 6 . . , , (�( ( (J � �(\ �.�«� - �r� �.JV Reported: Taped ( ot transcribed; tape number 21,359) NOTICE The St. Paul City ouncil is requested to serve a copy of its final decision u on the Administrative Law Judge as well as the parties by irst class mail. ' MEMORANDUM In November of 199 , Louis Bacigalupo appropriately began the process to li'ense a general repair garage business he intended toloperate at 817 Vandalia Street. The applicant was unable to sustain his effort to obtain a license, however, when aced with City requirements for building safety, access and environmental protection. Rather than taking the teps necessary to bring his business operation into complian e with City regulations, Mr. Bacigalupo elected to i nore the licensing requirements and simply operate without license. Denial of Mr. Baci alupo's application because he failed to comply with t e building code and operated his business without a lice se is an appropriate outcome in this case. By his actions, r. Bacigalupo has shown an indifference to the int rests and needs of the community in which he is operating. e has demonstrated little regard for the residents of Saint aul even as he solicits their business. The Saint Pa l Legislative Code provides ample grounds for denying a 1 cense to an individual who considers his convenience and int rests to be paramount to those of his customers and his c mmunity. R.A.M. 7 , .•.111��1'lli'�.� �,� 'CIIF' Sr .,,� � , 9 �'�;> F� '� " .p .�=.,'�,� � �A , �;� ..p�., '�.;'^'^ r'�'. �' i �' , � I '� = `� " � y � �.... � q� �'� �';85Ei�`�� S TE OF MINNESOTA Workers' Compensation Section Administrative Procedure Act Section Telephone Number (612) 341-7600 OFFICE OF ADMINISTRATIVE HEARINGS Telephone Number (612) 341-7635 Fax Number (612) 349-2665 Fax Number (612) 349-2691 100 Washington Square Suite 1700 • Mi eapolis, Minnesota 55401-2138 August 24, 1994 City Clerk Saint Paul City Counc 1 386 City Hall 15 West Kellogg Blvd. Saint Paul, Minnesota 55102 Re: In the Matter of the License Application of Louis acigalupo for the premises located at 817 Va dalia Street File N . 80-2101-8927-3 Dear City Clerk: Enclosed for service pon the Saint Paul City Council are the Findings, Conclus ons, Recommendation and Memorandum I prepared following a earing in the above-referenced matter. A copy of this Report has also been served this day on the City Attorney, Mr. Ph lip Byrne, and the license applicant, Mr. Louis Bacigalupo. Sincerely, C i A. McConnell Hearing Officer cc: Mr. Philip Byrne Mr. Louis Baciga upo AN E UAL OPPORTUNITY EMPLOYER OFFICE OF THE CITY ATTORNEY � � �x �Au� CITY OF SAINT PAUL a� � �`� - I �� 1Vanw Calewan, A[ayior �00 G1ly HaD Tdepbor�e 612 2665710 IS WaY l�eilogg Bl�d F'' 612 29�5619 Saat Pad, AGiu�so�ta SS102 Auqust 3, 1994 CITY�S EBHIBIT INDEB in re the Licenses Applic tion of Louis Baciqalupo, dba The Car Connection for the premises located t 817 Vandalia Street, St. Paul. Hearinq Date: Auqust 4-51 1994 BBHIBITB 1. Notice of Hearing (4lpp•) ' 2. License Application ordinances and 8tatutes 3. Sections 310.05-.06,'Saint Paul Legislative Code. (5 pp.) Hearing procedures a d grounds for adverse license actions. 4. Chapter 423, Saint P ul Legislative Code. (2 pp.) License for Automobi e Repair Garage and Body Shop. Other 5. Letter of December 7, 1993, from John Hardwick to Louis Bacigalupo relating o zoning approval for proposed business location. 6. List of Conciliation ourt Judgments against Louis Bacigalupo. . � OFFICE OF THE CITY ATTORNEY r„��►y E. �r�,x c� Atto,� CTTY OF SAINT PAU �,D�o� a�- �� Nor�n Cokmon, Mayor 400 Ciry Nnll Telephone: 612 266�8710 IS Wut KelJogg Blvd Facsimik: 612 298-5619 Soi�t Pau� Minnesota 55102 � � June 28, 1994 Louis Bacigalupo The Car Connection 817 Vandalia Street Saint Paul, Minnesota 55 14 Re: License Application or General Repair Garage License Premises at 817 Vand lia Street Dear Mr. Bacigalupo: This is to notify you th t a hearing will be held concerning your application for a general repair garage license for the premises at 817 Vandalia Avenue in S int Paul at the following time, date and place: Date: Auqust 4- , 1994 Time: 9:00 a.m. Place: Room 40-B Saint Pau City Hall & Ramsey County Courthouse 25 Aest R lloqq Blvd. Saint Pau , Minnesota 55102-1616 . The judge will be an A inistrative Law Judge from the State of Minnesota Office of Admi istrative Hearings: Name: Rita McCo nell Office of Administrative 8earinqs 100 Aashi qton Square suite 170 Minneapol s, Minnesota 55401-2138 Telephone: 341-7600 � � _ CIYY �J(MlBIT � �ii'4C�GI�lGIQO — 8 -�-9�f �PP�r�Ano� � J 1� �I� �� Evidence will be presen ed to the judge which would constitute grounds on which the Cit Council, after receiving the report of the judge, could deny our license application. The possible grounds for adverse acti n are: First, you have not btained the necessary building permits to bring the premises 'nto compliance with applicable building codes. Second, there are ny conciliation court judgments against you arising out of previous operations as a general repair garage or automot' e work on cars, which have not been satisfied. Third, the City has complaints about the quality of your work and the f irness of your business practices. Fourth, the facts may show that you have been operating without a license, hich is a violation of the ordinance. Fifth, the license ffice will introduce evidence relating to your record of past traffic offenses. All of the forego ng bear on your fitness to operate a licensed business ' Saint Paul, and may afford a basis for . denial of that lice se under section 310.06(b)(3) and (6) of the Saint Paul Legi lative Code. In order to facilitate t e receipt of evidence on these issues, I will send letters to al persons who have made complaints to the City, and to all persons who appear to have unsatisfied judgments against you in Concilia ion Court, and offer them the chance to testify at the hearing w th regard to your fitness and whether the City Council should lic nse you. Both the ordinance and the OAH Rules allow the judge to hear the relevant testimony of interested persons at such hearin . In addition, I will present evidence relating to your opera 'on without a license, and past driving record, and relating t the compliance or noncompliance of the premises with zoning an building code requirements. You have the right to e represented by an attorney before and during the hearing if yo so choose, or you can represent yourself. You may also have a per on of your choice represent you, to the extent not prohibited a unauthorized practice of law. The hearing will be con cted accordance with the requirements of sections 14.57 to 14.62 f the Minnesota Statutes, and such parts of the procedures un r section 310.05 of the Saint Paul Legislative Code as may e applicable. At the hearing, the Admi istrative Law Judge will have all parties identify themselves for he record. Then the City will present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The 1'censee may then offer in rebuttal any , J Q� -14 3d witnesses or evidence i may wish to present, each of whom the city's attorney may cros -examine. The Administrative Law Judge may in addition hear rel vant and material testimony from persons not presented as witness s by either party who have a substantial interest in the outcome the proceeding; for example, the owners or occupants of property ocated in close proximity to the licensed premises may have subs ntial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, e Judge will prepare Findings of Fact, Conclusions of Law, and specific recommendation for action to be taken by the City Counci . You should bring to t e hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to co el the attendance of witnesses or the production of documents n conformity with Minnesota Rules, part 1400.7000. If you think that this ma ter can be resolved or settled without a formal hearing, please c ntact or have your attorney contact the undersigned. If a stipula ion or agreement can be reached as to the facts, that stipulation w 11 be presented to the Administrative Law Judge for incorporation i to his or her recommendation for Council action. If you fail to appear at the hearing, the allegations against you which have been stated e lier in this notice may be taken as true and your ability to chal enge them forfeited. If non-public data is received into eviden e at the hearing, it may become public unless objection is mad and relief requested under Minnesota Statutes, section 14.60, subdivision 2. Very Truly Yours, . , �' Philip . Byrne Assistant City Attorney cc: Robert Kessler � Kris Van Horn John Hardwick LIEP i Nancy Anderso Council Secretary Nancy Thomas Office of Adminis rative Hearings Ms. Abby Struck, C. . St. Anthony Park Co unity Council 890 Cromwell Avenue Saint Paul, Minneso a 55114 . j ��' �� STATE OF MINNESOTA } } s . COUNTY OF RAMSEY } AFFIDAVIT OF SERVICE BY II. S. MAIL Joanne Rettner, bein first duly sworn, deposes and says that on the 28th day of June, 994, at the City of St. Paul, county and state aforementioned, (s) e served the attached Letter ra Licensa Application for General epair Garaqe License at 817 Vandalia by depositing in the United States mail at said City of St. Paul, a true and correct copy the of, properly enveloped, with first class postage prepaid, and addr ssed to the following individual: Louis Bacigalupo The Car Connection 817 Vandalia Street Saint Paul, MN 551 4 D Qiyr.�� Subscribed and sworn to b fore me is 8th day J e�, , 4. JOANNE G. CLEMENTS N�TARY PI�JG.�If�IESOTA RAMSEY COUNTY w cau+�aaia+ ��aES a+.a� � - REC IPT FOR qf�. - �1.� � CITY OF SAINT PAUL LICENSE PLICATION Office of License, Inspections and Environmental P�tection Date of Application � 3( �� icense Effective Date: From: � � / To: /, °�! '�I L� u i�, �. G 1` q c�p �--�i 1' `1 qP c�l O Applicant/Company Name Business Name �.C/ y,— i // y�, Business Street Address ity State Zip Code Phone �Gt� Mailing Street Address ity State Zip Code Phone Manager/Owner Name Mana er Owner Home Address i State Zi Code Phone 8 / tY P License License License C d Nam Fe / �' F �� c��= �Q Fee Paid By. Cash Check �^ � Iioense A.pp�ration Received by. Sticker # issued: Total License Fee: � • � { i' � . o V o� 0 Signature o pplican '�, State Tax ID Number / ' " � C/ l ,_-- � X ,. � Insurance or Bond Company/Policy Number � � � YOUR LICENSE TO DO BUSINESS WIL BE MAILED UPON C" !�� T 2 �R��GI�GL/P� _ s - � -9� �ioput� nav If you have any questio regarding y ur license application p,o�w� ,�� u� uu.,.��.� ..��u .,. .,a.. - 1 - 5 at a�� " �1 �� Your application may n d approval from the following departments: Environmental Protection 266-913 Fire 228-6230 License 266-9100 Zoning 266-9000 �, �� Saint Paul City Council f C(�!d I � �/ / � �( �-� u applicat� is being processed by the City of Saint Paul � ' Lue se, Inspections and Environmental Protection �� a�l�� " G �� r St. Suite 300; Saint Paul, Minnesota 55102 � f15 CHARGE FOR ALL REIVRN� CHECKS I � li �� 4 ,/� _ , - -� PLEA3E NOTE - FAILIIRE TO SIIPPLY THE FOLLOAING INFORMATION AILL JEOPARDIZE OR DELAY THE ROCE33ING OF YOIIR LICENSE ISSUANCE OR RENEWAL APPLICATION. /�� ' I J �� .,� � MINNESOTA TAX IDENTIFICATION NUMBER Pursuant to the Laws of innesota, 1984, Chapter 502, Article 8, section 2(270.72)(Tax C earance; Issuance of Licenses), licensing authorities ar required to provide to the State of Minnesota Commissioner o Revenue, the Minnesota business tax identification number an �the social security number of each license applicant. Under the Minnesota Gove nment Data Practices Act and tlie Federal Privacy Act of 1974, we re required to advise you of the following regarding the se of this infonaation: 1) This informati n may be used to deny the issuance or renewal of our license in the event you owe - Minnesota sale , employer's withholding or motor vehicle excise taxes; 2) Upon receiving this information, the licensing authority will supply it only to the Minnesota Department of evenue. However, under the Federal Exchange of In ormation Agreement, the Department of Revenue may supply this information to the Internal Reven e Service. Minnesota Tax Identifica ion Numbers (Sales & Use Tax Number) may be obtained from the Sta e of Minnesota - Business Records �- Department - 10 River Pa k Plaza. Phone: 296-6181. ,� I��1 �� l v� I '� L� u i 5 --( 05� � ��( Applicant's Last Name First Name Middle Initial g� � �2 f�� r �� -- /l S l I�-i �f �l � z Applicant's Address City, State, Zip Code Phone No. � • ' � G ,�'' . Applicant's Social Secur ty # Position (Officer, Partner, etc.) �(- �� r�' Business Name �? (�� 1/� ��v� �� '�� /� � Z..., � usiness Address City, State, Zip Co e Phone No. Minnesota Tax Identifica ' Number: �� 5 G / 3� (If a Minnesota T ification Number is not required for the business ein t indi e so by placing an "X" in the box.) ,�/- �'�.- �l .3 S' na r Date ,� ' ` 0 l / � r "`.�� f`�� /�� ' �� C SS III �(� ,' LJ � CT1Y OF SAINT PAUL LICENSE PLICATION � Office ot licenu, Jnspections and Environmental Pmtection 330 St Peta 5+. suiu 30D Saint Pit� Idicaewta 55102 �s�a� ��oo ru �s�z� �s�x � License I.D. # � (for office use only) APPLI TT N 'B7E TO REVIEW BY 'THE P LI , P E'I��PE OR PRINT IN II�TIC . � ; � � _ o � . , ;� Type of License being applied for: �• � � � Company I�Tame: i� H� �'1 r4 � ��1 Corpoiation / Pzrtnent,ip / Sole P prieto:sWp If business is incorporated, give date of incorporati n: Doing Business As: � "� � ? ?c�2 ` / Business Phone: �O �'`� //�l Business Address: �'9 i� 4 �� t� � f>� Street Address ' Ciry State tip Between what cross streets is the business located? V�'hich side of the street? Are the premises now occupied? at T}pe of Business? Mail To Address: � Street Address City State Z5p Applicant Informatioa• ' � � S � � � L � / „ �, /�. ,�,� ., � � k�%< <�' I�'ame and Tit3e: Frst '�:idCle (!.2aiden) I2st Tit1e Home Address: l �J �� 1 �^��"{��`' •'d � � r �' Street Address Gry S:ate Zip Date of Birth: �� / J'�� Place o Buth: �G� Home Phone: �7� 7�� > Are you a atizen of the United States? �'ative? 5 Naturalized? �b: T If you are not a US. citizen, you must har•e r�ork a thorization from the US. Immigratioa & I�'aturalizatioa Senice. . V Have you ever been com�cted of any felony, crime r��ol�tion of any city ordinance other than tr�c? YES 2�0 Date of arrest: Vt ere? Charge: Convictioa: Sentence: List the names and residences of three persons of g od moral character, living w�thin the Twia Cities Metro Area, not related to tbe applicant or financially interested ia the pre es or business, who may be referred to as to the applicant's character. NAME ADDRESS PHONE � - G � � � � �-�� c� � 3 �r� a � . <:� � �� - 2 �/ ►��o t" List licens�s which you currently bold, formcrly bc] or may have an intcr in: ' Have any of the above named liccnses evcr been re ked? _ YES - NO If yes, list the dates and reasons !or rcvocation: � � � . Are � u oing to operate t' business personally? �FS NO ot, W�bo v��ill o erat it? �� - } �G , G��U � ��13'� fiTSt 'am MiddleInitial ('�: An) st �� Date�Bin�� /� (% `--' � ! � � � Home Addrrsx Street Name G,y State Zip Phone T'umber • Are you going to have a manager or assistant in biuiness? � NO If the manager is aot the same as the operator, please complete the following informaUo � � �/� ' �rst I4ame ' dle n' ial ''den) Last r' • D of i h o�� / ��/l �' �l/� �/'� C ��r�/ Home Address: Street ATame G.y State 7�p Phone A'umber Please list your employment history for the pre�zo five (�7 year period: Busine m ]o�men � � Address �,��% '9�l��,L �� . � //� �- � v Lv G� 1='� �C,� � �� List all other o�cers of the corporation: OFFICER TITLE HOr HOME BUSTI�'ESS DATE OF _ NAME (O�ce He1d) ADDR S PHOTE PHO:�'E BIRTH If business is a partnership, please include tbe follo ing irformation for each partner (use additional pages if necessary): Fnt I�'ame Middle Initial (�!ziden) . I.ast Date of Binh Home Addres� Street :�'ame Gy State Zip Phone T'umber Fi:st J�ame Middle Initial ('•:aiden) Lazt Date of Birth Home Address: Sireet :�'ame G.y Sute 7�p Phone I�'umber Attach to this application: � 1) A detailed descriptioa of the desi , location and square lootage of the premises to be licensed (site plan). 2) A copy of your lease agreement or roof of owaership of the property. AI�'Y FAISIFICATION OF 'S«ERS GIVEN OR MATERiAL SUBMITTED WILL RESULT DE:�'L�L OF THIS APPLICATION _ I bereby state under oath that I bave answered all o tbe above que ' ns, d that the iafo oa contained berein is true and corred to the best of my knowledge and belief. I ereby state � �� der oath G'I�have received o moncy or otber consideration, by way of loan, gift, contr;bution, or therv,�se, thafi alread in the appli oa which I huew�th � submittcd. - __ . . . _ . _ - -- Subscn'bed and sworn to before me this l �� • '� day of . 19 _ '` ature of plicant Date I��otary Public County, MN . . My Commissioa cxpires: . � � � Gy-ly3o ,�"�' LICENSES § 310.05 '.•� . .: l cation and follow the procedures f notice and The filing of an appeal shall not stay the issuance heazing as set forth in Section 310. 5. of the license. (Code 1956, § 510.04; Ord. rTo.17455, § 1, 5-21-87; (d) Class III licenses. Upon recei t of a fully � Ord. No. 17551, § 1, 4-19•88) completed application and required f es for a Class III license, and after the in��estiga on required, the inspector shall notify the cou il. A public Sec. 310.05. Hearing procedures. hearing shall be held by the counci 's committee designated to hear license matters n the grant, (a) Adverse action; notice and hearing require- issuance or transfer of all Class III icenses. The, ments. In any case where the council may or in• council's committ.ee designated to hear license tends to consider any ad��erse action, including matters may hold a hearing on the r nev�•al of any the revocation or suspension of a license, the im- Class III license. In any case uhe: e the inspector position of conditions upon a license, or the denial recommends denial of the g: ant, iss ce, renewal of an application for the grant, issuance, renewal or transfer of a Class III licer.se, r�;•here the or transfer of a license, the applicant or licensee council's committee de�ib ated t hear license shall be given notice and an opportunity to be matters believes that evideace mig t be *eceived heard as provided herein. The council may con- at the public hearing uhich might r�ult in action sider such adverse actions �•hen recommended by adverse to the application, the ins ctor or coun- the inspector, by the director, by the director of cil's committee designated io hear 1 cense matters any executive department established pursuant shall follow the procedures for noti and hearing to Chapter 9 of the Charter, by the city attorney as set forth in Section 310.05. �'��e e the applica- or on its own initiative. tion for the grant, issuance, rene�r or transfer of • � a Class III license meets a11 the r uirements of (b) l��otice. In each such case where adverse ac- � law, and �vhere there exists no gro d for ad��erse tion is or will be considered by the council, the action, the council shall by resolut on direct that applicant or licensee shall ha�•e been notified in the inspector issue said lice.^.se in a cordance with writing that adverse action may be taken against law. the license or application, and that he or she is entitled to a hearing before action is taken by the (e) Appeal; Cla.ss I or Ciass 11 1 enses. An ap- council. The notice shall be served or mailed a peal to the city council may be take by any person reasonable time before the hearing date, and shall aggrieved by the grant, issuan , renewal or state the place, date and time of the hearing. The tr�.nsfer of a Class I or Cl�s II lic nse; provided, notice shall state the issues involved or grounds however, that the appeal shall �-e been filed upon which the adverse action may be sought or with the city clerk «-ithin thirty 30) days after based. The council may request that such written the action by the license inspector r director. The notice be prepazed and served or mailed by the only grounds for appeal shall be hat there has inspector or by the city attorney. been an error of law in the gr , issuance, re- newal or transfer of the license. T e appeal shall (c) Hearing. Where there is no dispute as to the be in writing and shall set forth i particular the facts underlying the violation or as to the facts alleged errors of law. The council hall conduct a establishing mitigating or aggravating circum- hearing on the appeal within thi y(30) days of stances, the hearing shall be held before the the date of filing and shall notify e licensee and council. Otherwise the hearing shall be conducted the appellant at least ten (10) d ys prior to the before a hearing examiner appointed by the hearing date. The procedures set orth in Section council or retained by contract with the city for 310.05, insofar as is practicable shall apply to that purpose. The applicant or the licensee shall this heazing. Following the hear ng, the council be provided an opportunity to present evidence may affirm or remand the matter the inspector and argument as well as meet adverse testimony � or director, or may reverse or plac conditions upon or evidence by reasonable cross-examination and ' � the license based on the council' determination rebuttal evidence. The hearing examiner may in �,�:� that the decision was based on error of law, its discretion permit other interested persons the Supp. No. 18 2�2 ■ � . G P�Y'Y �Xr�� T 3 ��c�,�u A 8 -�-�¢ A�/krc�o� — . q�l��y3d § 310.05 L GISL4TIVE CODE , � opportunity to present testimony or eviden e or (n Council action, resolution to contain find- otherwise participate in such hearing. ings. �'�here the council takes adverse action wzth respect to a license, licensee or applicant for a (c-1) Procedure; hearing examiner. The he ing license, the resolution by which such action is examiner shall heaz all evidence as may b pre- taken shall contain its findings and determina- sented on behalf of the city and the appli t or tion, including the imposition of conditions, if any. licensee, and shall present to the council «T tten The council may adopt all or part of the findings, findings of fact and conclusions of law, tog ther conclusions and recommendations of the hearing with a recommendation for adverse action. j examiner, and incorporate the same in its resolu- The council shall consider the evidence con- tion taking the adverse action. tained in the record, the hearing examiner' rec• (g) Additional procedures where required. ommended findings of fact and conclusions and ��ere the provisions of any statute or ordinance shall not consider any factual testimony no pre• require additional notice or hearing procedures, viously submitted to and considered by the �.e ing such provisions shall be complied with and shall examiner. Ai'ter receipt of t�e hearing exan' er's supersede inconsistent provisions of these chap- �ndings, conclusions, and recommendation , the ters. This shall include, „>ithout limitation by council shall provide the applicant or licens e an reason of this specific reference, A7innesota Stat- opportunity to present oral or k-ritten argu ents utes, Chapter 364 and A'Iinnesota Statutes, Sec• alleging error on the part of the examiner i the tion 340A.41b. application of the law or interpretation of the acts, and to present argument related to the r com- (h) Discretion to hear notwithstanding uith- mended adverse action. Upon conclusion o that drawal or surrender of application or license. The hearing, and after considering the record, t e ex- council may, at its discretion, conduct a hearing �� .� aminer's findings and recommendations, tog ther or direct that a hearing be held regarding revoca- :�.:..�� «�ith such additional arguments presented t the tion or denial of a license, not„�ithstanding that �.'•. Y heazing, the council shall determine ��hat, i any, the applicant or licensee has attempted or pur- adverse action shall be taken, which action hall ported to wzthdraw or surrender said license or be by resolution. The council may accept, rej ct or application, if the attempted withdrawal or sur- modify the findings, conclusions and reco en• render took place after the applicant or licensee dations of the hearing examiner. had been notified of the hearing and potential ad- verse action. (c•2) Ex parte contacts. If a license matte has been scheduled for an adverse hearing, c ncil (i) Continuances. �'Phere a hearing for the pur• members shall not discuss the license matte �i>ith Pose of considering revocation or suspension of a each other or v��ith any of the parties or inte sted license or other disciplinary action involving a persons involved in the matter unless suc dis- license has been scheduled before the council, a cussion occurs on the record during the he ings continuation of the hearing may be granted by of the matter or during the council's final elib- the council president or by the council at the re- erations of the matter. quest of the licensee, license applicant, an inter- ested person or an attorney representing the fore• (d) Licensee or applicant may be represente . The going, upon a showing of good cause by the party licensee or applicant may represent hims lf or making the request. choose to be represented by another. (j) If the council imposes an adverse action as (e) Record; evidence. The hearing exa iner defined in Section 310.01 above, a generic notice shall receive and keep a record of such pr ceed- of such action shall be prepared by the license ings, including testimony and exhibits, and shall inspector and posted by the licensee so as to be receive and give weight to evidence, incl ding visible to the public during the effective period of heazsay evidence, which possesses probative alue the adverse action. The licensee shall be respon- commonly accepted by reasonable and prude t per- sible for taking reasonable steps to make sure the , J � sons in the conduct of their affairs. notice remains posted on the front door of the li- _� � Supp. No. 18 2030 . R q�-1��0 �`' LICENSES § 310.06 censed premises, and failure to take ch reason- license, or set forth in the resolution able precautions may be grounds for further ad- granting or renewing the license. verse action. (Code 1956, § 510.05; Ord. TTo. l r5b1, 2, 4-19-88; t6) a. The licensee or applicant (or any person Ord. No. 17559, §§ 1, 2, 5-17-58; Ord I�To. 17659, Whose conduct may by law be imputed § 1, 6-13-89; Ord. I�TO. 17911, § 1, 3-1 -92) to the licensee or applicant) has vio- lated, or performed any act which is a Sec. 310.06. Revocation; suspensi n; adverse violation of, any of the provisions of actions; imposition of onditions. these chapters or of any statut.e, ordi- nance or regulation reasonably related (a) Council may take adverse action. The council to the licensed activity, regardle�s of is authorized to take ad�•erse action, defined in whether criminal charges ha�•e or have Section 310.01 above, again�t any o all licenses not been brought in connection ihere- or permits, licensee or applicant fer license, as w-ith; provided in and by these chapters. dverse ac- tions against entert�inment licenses sued under b. The licensee or applicant has been con- Chapter 411 of the Legislatiti�e Code may be ini- victed or a crime that may disqualify tiated for the reasons set fo: th in s bsection (b) said applicant from holding the license below, or upon any la«�ful g: ounds «- 'ch a.Te com- in question under the standards and municated to the license holder in �rr ing prior to procedures in '��innesota Statutes, the hearing before the council. Such ctions shall Chapter 364; or be initiated and cazried out in acco dance «�ith c. The licensee or applicant (or any person the procedures outline in Section 310. 5; pro�-ided, v��hose conduct may by law be imputed � ��'� however, that the formal notice of h aring shall to the licensee or applicant) has en- �,� be used to initiate the adverse action �� the gaged in or permitted a pattern or prac- use of prior procedural steps. tice of conduct of failure to comply �;-ith (b) Basis for action. Such ac�•erse a tion may be laws reasonably related to the licensed based on one or more of ihe follo�; ng reasons, activity or from v�•hich an inference of which aze in addition to any other r ason �pecif- lack of fitness or good character may ically provided by law or in these ch pters: be drawn. (1) The license or permit „•as p: o red by mis• �� The activities of the licensee in the licensed representation of maierial fac s, fraud, de• activity created or have created a serious ceit or bad faith. danger to the public health, safety or ��el- fare, or the licensee performs or has per- (2) The applicant or one acting i his or her formed his or her �•ork or activity in an behalf made oral or �-ritten sstatements unsafe manner. or misrepresentations of mat ial facts in or accompanying the applicat' n. (8) The licensed business, or the «•ay in �•hich such business is operated, maintains or per- (3) The license was issued in vio tion of any mits conditions that unreasonably annoy, of the provisions of the Zoning Code, or the injure or endanger the safety, health, premises which are licensed or hich aze to morals, comfort or repose of any consider- be licensed do not comply K-i applicable able number of inembers of the public. health, housing, fire, zoning d building codes and regulations. t9) Failure to keep sidev� alks or pedestrian ways reasonably free of snow and ice as (4) The license or permit � as iss ed in �zola- required under Chapter 114 of the Saint tion of law, without authori or under a Paul Legislative Code. material mistake of fact. (10) The licensee or applicant has shown by past ; � (5) The licensee or applicant h s failed to misconduct or unfair acts or dealings; phys- -�� comply with any condition se forth in the ical abuse, assaults or violent actions done Supp. No. 18 2031 . � �� § 310.06 EGISLATIVE CODE � to others, including, but not limited to, ac- ensee or applicant ncr the content of the protected tions meeting the definition of cr minal speech or matter shall be the basis for adverse sexual conduct pursuant to ?�'Iinneso Stat- action against the license or application. utes, Sections 609.342 through 60 .3451; �� Imposition of reasona.ble conditions andlor sexual abuse, physical abuse or m treat- ment of a child as defined in?�'iinneso Stat- restrictions. �'Vhen a reasonable basis is found to utes, Section 626.5b6, subdivision 2 and impose reasona�le conditions ancL'or restrictions 10e, including, but not lunited to, act �vhich upon a license issued or held under these chap- constitute a violation of '�'Iinneso Stat- ters, any one or more such reasonable conditions utes, Sections 609.02, subdi� n 10; and/or restrictions may be imposed upon such li- 609.321 through 609.3431; or 617. 46; r.e- cense for the purpose of promoting public health, glect or endangerment of a child � efined safety and w�elfare, of advancing the public peace in Niinnesota Statutes, Section 626." 7, sub- and the elimination of conditions or actions that division 2; the manufact�*e, distr bution, constitute a nuisance or a detriment to the peaceful sale, gift, delivery,�transportation, e change enjoyment of urban life, or promoting security and or barter of a controlled substzr.c as ce- safety in nearby neighborhoods. Such reasonable fined in AZinnesota Statutes, Chap er 152; conditions and/or restrictions may include or per• the possession of a controLed sub� ance as tain to, but are not limited to: defined in ?�Zinnesota Stati::es, Cha ter 152 (1) A limitation on the hours of operation of in such quantities or under circu stances the licensed bu�iness or establishment, or giving rise to a reasonable infere ce that on pazticular ty-pes of acti��ities conducted the possession was for the purpos of sa?e in or on said business or establishment; or distribution to others; or by ihe buse of � alcohol or other drugs, that such li nsee er �2) A limitation or restriction as to the loca- �� applicant is not a person cf ihe go d mo:al tion ��ithin the licensed business or estab- ;;�_ �;. character or fitness required to er. age in a lishment �vhose [sicJ particular type of ac- �`=��=' licensed activity, business or pror ssion. ti��ities may be conducted; (11) The licensee or applicas,t has ra teri�ly (3) A limitation as to the means of ingress or changed or permitted a material c ange in egress from the licensed establishment or the design, construction or confi ation of its parking lot or immediately adjacent the licensed premises ��•ithout the rior ap- area; proval of the city council in the c� of Clz:.s (4) A requirement to provide off street parking III licenses, the director in the c� of Clzss in excess of other requirements of la�v; II licenses, and the inspector in i e case of Class I licenses, or ��zthout first h ving ob- ��) A limitation on the manner and means of tained the proper building permit from the advertising the operation or merchandise city. of the licensed establishment; (6) Any other reasonable condition or restric- The terms "licensee" or "applic2nt" fo I the pur- tion limiting the operation of the licensed pose of this section shall mean and in ude any business or establishment to ensure that person who has any interest, whether a holder the business or establishment will harmo- of more than five (5) percent of the stoc of a cor- nize with the character of the area in which poration, as a partner, or othera-ise, i the pre- it is located, or to prevent the development mises or in the business or actiti-ity wh ch are li- or continuation of a nuisance. censed or proposed to be licensed. The inspector may impose such conditions on Class VVith respect to any license for activiti entitled I licenses with the consent of the license holder, or to the protection of the First .�mend ent, not- may recommend the imposition of such conditions � withstanding the foregoing proti�isions, ither the as an adverse action against the license or li• . lack of good moral character or fitness of the lic- censes; the director has the same power v��ith re- • _� Supp. No.18 2032 _ , � i , a�-��o ��.. 1`''• LICENSES § 310.0? spect to Class II licenses. The counci may impose Sec. 310.07. Termination of licenses; surety such conditions on Class III licenses 'th the con- bonds; insurance contracts. sent of the license holder, or upon ny class of license as an adverse action against e license or (a) Automatic termination, reinstatement; re- licenses following notice and heari as may be sponsibility of licensee. All licenses or permits required. Such conditions may be i posed on a Which must, by the provisions of these chapters or license or licenses upon issuance, renewal or other ordinances or laws, be accompanied by the transfer thereof, or upon and as p of any ad- filing and maintenance of insurance policies, de- verse action against a license or licen s, including posits, guarantees, bonds or certifications shall suspension. automatically terminate on cancellation or v��ith- drawal of said policies, deposits, bonds or certifi• (d) Standards for multiple licens determina- �tions. I�'o licensee may continue to operate or tion. In any case in which the cou cil is autho- Perform the licensed activity after such termina- rized to take adver�e action against ess than all tion. The licensee is liable and re�poneible for the of the licenses held by a licen_ee, or pplied for by filing and maintenance of such policies, deposit�, an applicant, the follov��ing stznd� ds ay be used: ��antees, bonds or certifications as are required in these chapters, and shall not be entitled to as- (1) The nature and gra� of the ounds found sert the acts or omissions of agents, brokers, em- by the council to exist upon � hich the ad- ployees, attorneys or any other persons as a de- verse action x�ould be based; fense or justification for failure to comply ��•ith such filing and ma.intenance requirements. In the (2) The policy and/or regulatory oals for the event the licensee reinstates and rles such poli- "�� particular licenses im�ol.•ed, ither as em- , /; �"�: � cies, deposits, bonds or certifications �; ithin thirty �.�'_. �� bodied in the Legisl�ti�•e Cod or �s found (30) days, the license is automatically reinstated and determined by the counc ; on the same terms and conditions, and for the (3) The interrelationship of the licenses and same period as originally issued. After thirty (30) their relative impor',.a.nce to th overzll busi- days, the applicant must reapply for a rene��•al of ness enterprise of the licensee or applicant; his license as though it .��ere an original applica- tion. (4) The management practices o the licensee or applicant w-ith respect to ' ach of such (b) Bonds and insurance requirements: licenses; (1) Surety Companies: All surety bonds run- (5) The extent to which ad�•erse tion against ning to the City of Saint Paul shall be less than all of the licenses o applications written by surety companies authorized to would result in difficulty in forcing and do business in the State of Minnesota. All monitoring the adver�e actio taken; insurance policies required by these chap- ters shall be ��ritten by insurance compa- (6) The hardship to the licensee or applicant nies authorized to do business in the State that would be caused by app ' g adverse of Minnesota. action to all licenses or appli ations; and �2� Approved as to Form: All bonds filed v�rith (7) The hardship andlor danger o the public, the City of Saint Paul in connection v��ith or to the public health and �elfare, that the issuance of licenses for whatever pur- would result from ad��erse a tion against pose, and all policies of insurance required less than all of the licenses o applications. to be filed with or by the City of Saint Paul (Code 1956, § 510.06; Ord. ?�'0.1758 ,§ 1, 8-25-88; in connection with the issuance of licenses Ord. No. 17657, § 15, 6-8-89; Ord. :� . 1i6b9, § 2, for any purpose whatsoever, shall first be . 6-13-89; Ord. No. 17901, §§ 2, 3, 1•1 -92; Ord. l�'o. approved as to form by the city attorney. �� 17917, §§ 2, 3, 3-31-92; Ord. I�o.1i92 ,§ 1, 4-28•92) (3) Uniform Endorsement: Each insurance '� policy required to be filed pursuant to these Supp. No. 18 2033 � a� - ►��o § 422.04 L ISLATIVE CODE . . . . �ti� may waive the requirement for such nce Chapter 423. Automobile Repair Garage and or wall or reduce the height of the me Body Shop* where a plan approved by the buildin offi- cial providing for a tree planting and nd- Sec. 423.01. License required. scaping program is carried out which will effectively screen the premises from p blic �a) Repair garage. No person shall maintain or view. operate an automobile or motor vehicle repair garage in Saint Paul without a license. This does (10) No licensee shall receive any materi for not apply where the work performed is done by a use in the licensed business from an per- g�oline filing station licensed under Chapter 424 son under the age of eighteen (18) ears and consists of the usual servicing of motor vehi- without the written consent of the p ent cles ordinarily performed at such stations, such or guardian of such person, which sh 1 be as the sale and installation of frost shields, radia- kept on file by the licensee for at leas one tor hoses, spark plugs, batteries and battery ca- ye�'• bles, brake fluid, oil filters, fuses, fan belts, light (11) Licensees shall be subject to reasonab e in- bulbs and windshield wipers, or such service as spection at reasonable times by prope city �'�ning radiators; provided, however, that if such officials as in the case of other lic sed Sasoline filling stations engage in the business of businesses. repairing mechanical parts of motor vehicles, a license as provided herein shall be required. Sec. 422.05. License not transferable. (b) Body shop. No person skall maintain or op- Licenses issued hereunder shall not be t ans- erate on automobile body repair or automobile ferable. body painting shop, whether alone or in conjunc- ;}..� . tion with another business activity, in Saint Paul �°° °'"� � +.�: e�dTe- � Sec. 422.06. Renewal, revocation and sus- without a license. X ";'� p pension. (a) Any person to whom an initial licens has �c. 423.02. Fee. been issued hereunder may obtain renewal t reof (a) Dealership rep¢ir garage. 1'he fee required by filing an application with the inspector indi- for a dealership repair garage, which is one oper- cating any changes in the material submitte with ated by a new or used motor vehicle dealer, in the initial application. The inspector shall ircu- which motor vehicles are repaired incident to the larize the application to those officials w re- new or used motor vehicle dealership, as well as view initial applications and the license sh 11 be general repair garage, is one hundred six dollars granted of course by the council unless, ' its ($106.00). judgment, reports from city agencies or fro the �� General repair garage. The fee required for public demand a formal hearing be held. Any a general repair garage, which includes all other application hereunder from a person hold g a repair garages not a dealership repair garage, is license under Chapter 408, as of the effectiv day seventy-nine dollars ($79.00). of this chapter, with respect to an existing rem- ises, shall be treated as a renewal provide the (c) Body shop. The fee required for an automo- licensee agrees to abide by the terms of this hap- bile body repair shop or an automobile body paint- ter within ninety (90) days, but no initial lic nses ing shop, which is a shop in the business of mak- shall be granted hereunder for other pre ises except in I-1 I-2 and I-3 Industrial Districts 'Editor's note—The license under this chapter, formerly codified as Ch. 315, derived from Code 1956, §§ 345.01-345.03, (b) The council may revoke, suspend or fuse as amended by Ord. No. 16883, adopted Feb. 11, 1982, and to renew the license of any person hereund r for was reclassified from Class I to Class III license by Ord. No. any violation of this or any other ordinance f the 17207, adopted Jan. 31,1985, and recodified as Ch. 423. City or of any statute or regulation of the S te of �'oss references—Motor vehicle and parta dealers, Ch. __ 401; junkyards and junk dealers, Ch. 408; motor vehicle sal- Minnesota or agency thereof vage dealer, Ch. 422. :_ .� � � � 2220 �+irS� F�W�g�T 4 �14C IG�l�I! p — 8 - � - 9� /4�j1�u� �o�tl .� q� - � l,Jl.� ��1 LICENSES § 424.06 ing major or substantial repairs to t e shell or any public street, alley or other public property body of an automobile, and of major r substan- within the City of Saint Paul; provided, that the tial painting or repainting of the shell or body, is council by ordinance may grant a temporary per- seventy-nine dollars ($79.00). mit, revocable at the pleasure of the council, for G�oss reference—Annual increases in license ees, § sio.�s. the installation, maintenance and operation of such facilities in any public highway and without Sec. 423.03. Business hours. the portion thereof designed for vehicular tr�c, Where a reasonable basis is found the coun- except in a district classified as residential by cil to exist and to protect the adjace t property virtue of the zoning code, when such facilities and the public peace, health and safet , the coun- shall be installed, maintained and operated ex- cil, upon issuing a new license or newing a clusively for the supplying of gasoline not for public license, may impose as a condition on the license sale, but for private use in and upon the abutting a limitation as to the hours when t e business premises; provided, that there be compliance with may remain open. I Chapter 336. Chapter 424. Gasoline �lling S tions* �c. 424.04. Inspection. Sec. 424.01. License required; de 'tion. It shall be the duty of such members of the (a) No person shall engage in the usiness of department of fire and safety services as the di- keeping, maintaining or operating a y gasoline rector thereof may detail for such duties to in- filling station in Saint Paul without license. spect all such filling stations at various and rea- sonable times for the purpose of ascertaining (b) A"gasoline filling station" m ns and in- Whether the provisions of all ordinances and laws ,t�� cludes any place, building, pump or vice main- �;� pertaining to precaution against damage from fire ;� ,.- tained and used on private premises r upon any have been complied with in the construction, op- r�; public place for the main purpose selling or eration and maintenance of said filling stations, dispensing gasoline, oil or any aut otive fuel and to enforce the same. Such inspection may for use in motor vehicles of any kind. also be made at any reasonable time for the pur- Sec. 424.02. Fee. pose of ascertaining whether construction, remod- eling or repairs have been accomplished in accord The fee required, where the gasolin I filling sta- with plans or specifications required to be filed tion is located wholly on private pr erty, is as with the city. follows: for each station having thr (3) pumps or fewer, fifty-three dollars ($53.00); nd for each �c. 424.05. Transfer. station having four (4) pumps or mor , fifty-three dollars ($53.00) plus eleven dollars $11.00) for Such license shall be transferable only (first) each pump in excess of three (3). when the licensee desires to change his place of Cross reference—Annual increases in lice cees, § 3�o.�s. business, and (second) when the licensee has sold and disposed of his business. Sec. 424.03. Permit. It shall be unlawful for any per on, firm or Sec. 424.06. Business hours. corporation to install, operate or intain any �ere a reasonable basis is found by the coun- curb pump or other gasoline dispensi g device on cil to exist and to protect the adjacent property •Editor's note—The license under this ch pter, formerly and the public peace, health and safety, the coun codified as Ch. 335, derived from Code 1956, §§ 351.01, 351.02, cil, upon issuing a new license or renewing a 351.04-351.07, 389.02, as amended by Ord. No 16883, adopted license, may impose as a condition on the license Feb. 11 �ss2 and was reclassified from Cl � to Ctass III a limitation as to the hours when the business license by Ord. No. 17208, adopted Jan. 31, 1 85 and recodi �ay remain open fied as Ch. 424. � � Crose references—Fuel dealers in liquid fuel, Ch. 332; private fuel pumps, Ch. 336. Chapter 425. Reserved Supp. No. 7 2221 OFFICE OF LICENSE, IIVSPECTIONS AND ENVIRONMENTAL PROTECTION Roben Kessle�, Direcror q� CITY OF SAINT PALTI, ZONING ADMINIS7RA?70N Telephone: 612-266-9008 lames Scheibel, Moyor 350 St Pcrer Sneet Facsimile: 612-266-9099 Suitt 310 Saint Paul, Minnesom SSIO2-1510 csa � �� w � r+� -,. 1�1 ri3 i'� r�'+ �] December 7, 1993 � � � "� � < q �� Louis Bacigalupo � � 981 Orange Ave E. o� Saint Paul, Minn. 55106 � '� , RE: License application # 144 5, General Repair Garage at 817 Vandalia St. Dear Mr. Bacigalupo: i The referenced property is loc ted in an I-2,Industrial, zoning district. A general repair garage is permitted in this dis rict. However, our records indicate that this building is currently certified for use as an office and warehouse. When there is a change of occupancy in a building the b' ding must meet the code requirements for the new use. Before we can grant zoning a roval of your license application you will have to obtain the necessary building permit to bring the building up to the code requirements for a general repair garage. For inf ation on what is needed to obtain the necessary permits you or your contractor can co tact our plan review people at 266-9007. If you have any questions reg ding this letter you may contact me at 266-9082. Sin�erely, I . � � > / � � 1 ��'ohn Hardwick Zoning Inspector � cc: Bob Kessler Steve Zaccard Kris VanHorn Tate Halverson ■ �� EX�+I&t 5 �Ac ru�tc u� o� 8 -�-9� A/�Pwc�lrr TAI648 # SD1034.1/931228:1424 Na e Index Display /��, �� )� 1 of ? �� Name : BAC IGALUPO , LOUI S . . . . . . . . . . . . . . . . . . . . . . BACIGALUPO, LOUIS . . . . . . . . . . . /WILLIAMS, EDWARD R.(PLN) Defendant FLD:OS/25/89 Tran Judg DOB 62-CX-89-5925 Cit #: Youth #: Judgment BACIGi�LUPO, LOUIS . . . . . . . . . . / FLD:08/23/90 Unla Det 62-CO-90-9696 Cit #: Youth #: Archived BACIGALUPO, LOUIS . . . . . . . . . . /AMERICAN FAMILY INSURANCE GROUP(PLN) Defendant FLD:03/04/91 Tran Judg DOB 62-C1-91-2606 Cit #: Youth #: Judgment BACIGALUPO, LOUIS . . . . . . . . . . /WALLACE, TIMOTHY A.(PLN) Defendant FLD:11/13/91 Tra Judg DOB 62-C2-91-13100 Cit �: Youth #: Judgment BACIGALUPO, LOUIS . . . . . . . . . . /ST. PAUL RAMSEY MEDICAL CENTER INC(PLN) Defendant FLD:02/O1/91 Dfl Judge DOB 62-C4-91-1238 Cit ?#: Youth #: Judgment BACIGALUPO, LOUIS . . . . . . . .I . . . /POTTE�t, DONALD KENNETH(PLN) Defendant FLD:05/12/88 Tra s Judg DOB 62 Cit �: Youth #: Judgment BACIGALUPO, LOUIS . . . . . . . . . . /MURRAY, PATRICK M.(PLN) Defendant FLD:05/02/86 Dfl Judge DOB 62-C7-86-477923 Cit ?#: Youth ##: Closed BACIGALUPO, LOUIS . . . . . . . . . . /WEBBER, SCOTT J.(PLN) Defendant FLD:03/28/86 Tra s Judg DOB 62 Cit �: Youth �: Closed BACIGALUPO, LOUIS . . . . . . . . . . /KEHBORN, DAVID(PLN) Defendant FLD:03/25/92 Tra s Judg DOB 62-C8-92-3472 Cit �: Youth #: Judgment BACIGALUPO, LOUIS . . . . . . . . . . /STEINER, SHARON K.(PLN) Defendant FLD:05/09/89 Tra s Judg DOB o2-C9-89-5026 Cit �: Youth #: Judgment BACIGALUPO, LOUIS . . . . . . . . . . /DECOTEAU, DAVE(PLN) Defendant FLD:08/17/93 Tra s Judg DOB 62-C9-93-9257 Cit �: Youth #: Judgment BAC?GP.LUFO, LOUIS . . . . . . . . . . / FLD:09/28/93 Dom A�use �2-F7-93-2632 C�t �: Youth g: Archi�aed BACIGALUPO, LOUIS . . . . . . . . . . / FLD:08/O1/91 Co il 62-SO-91-61162 Cit #: Youth ##: Archived BACIGALUPO, LOUIS . . . . . . . . . . / FLD:04/26/93 Co �1 � 62-S1-93-2531 Cit #: Yol� _ l��( E�/BIT (� �I��G/�GU�O _ 8 - � -9� A�Pperc 7aa . __.., � BACIGALUPO, LOUIS . . . . . . . . . . / �� (� _" FLD:12/20/91 Conc 1 62-S2-91-9550 Cit #: Youth #: Archived BACIGALUPO, LOUIS . . . . . . . . . . / FLD:08/07/91 Conc 1 62-53-91-61172 Cit #: Youth #: Archived Paging: [n = Page number, <> = hange direction, L=Last Page] Function code: Codes availa le: 12 A$Z I -- TAI648 # SD1034.1/931228:1425 Na e Index Display �/ ,_ f � �/1� 2 of 3 `7 .:.�lJ Name : BACIGALUPO, LOUIS . . . . . . . . . . . . . . . . . . . . . . BACIGALUPO, LOUIS . . . . . . . . . . / FLD:03/19/92 Con '1 . 62-54-92-2254 Cit #: Youth #: Archived BACIGALUPO, LOUIS . . . . . . . . . . / FLD:02/28/89 Con il 62-56-89-1449 Cit #: Youth #: Archived BACIGALUPO, LOUIS . . . . . . . . . . / FLD:10/30/90 Con il 62-S8-90-7422 Cit #: Youth #: Archived BACIGALUPO, LOUIS . . . . . . . . . . / FLD:03/02/89 Con il 62-S9-89-1560 Cit #: I Youth #: Archived BACIGALUPO, LOUIS F . . . . . . . . . /YBARRA, JOSEPH(PLN) Defendant FLD:05/22/90 Tra Judg DOB 62-CO-90-6278 Cit #: Youth #: Judgment BACIGALUPO, LOUIS F. . . . . . . . . ./GUSTAFSON, JOHN E.(PLN) Defendant FLD:03/23/92 Tra s Judg DOB 62-C4-92-3579 Cit #: Youth #: Judgment BACIGALUPO, LOUIS F . . . . . . . . . / FLD:08/21/91 Con il 62-52-91-6356 Cit #: Youth #: Archived BACIGALUPO LOUIS F . . . . . , � FLD:02/10/92 Con il 62-57-92-1101 Cit #: Youth #: Archived BACIGALUPO, LOUIS F . . . . . . . . . / FLD:08/21/91 Con il 62-59-91-6354 Cit #: Youth #: Archived BACIGALUPO, LOUIS F . . . . . . . . . / FLD:12/13/91 Con il �2-S9-92-60070 Cit #: Youth �#: Archived BACIGALUPO, LOUIS J . . . . . . . . . / FLD:05/06/92 Con il 52-53-92-3413 Cit #: Youth �: Archived BACT_GALUPO, LOUIS JOSEPH . . . . . . ./LEE, MICHAEL S.(PLN) Defendant FLD:08/15/91 Tra s Judg DOB �2-C6-91-10023 Cit #: Youth ?�: Judgment BACIGP_LUPO, LOUIS JOSEPH . . . . . ./ FLD:05/20/91 Con il 62-54-91-60659 Cit #: Youth #: Archived BACIGALUPO, LOUIS JOSEPH,[7-29-9 l.../The State of Minnesota(PLN) �efendant FLD:03/12/93 Mv Misd *DAR*DAR DvB 07/13/1954 62-TO-93-6859 CIT #: S -859975 Youth #: Closed . � , � RID #: CRM 038131 n�f _ l�� BACIGALUPO, LOUIS JOSEPH . . . . . . ./State of Minnesota (PLN) �� FLD:O1/13/92 Mvng Petty *7704*EXPIRED PLATES DOB 07/13/1954 62-T1-92-4222 CIT #: Youth #: Archived RID #: CRM 038131 BACIGALUPO, LOUIS JOSEPH . . . . . . ./State of Minnesota (PLN) FLD:03/23/92 Mvng Misd *CD*CARELESS DRIVING DOB 07/13/1954 62-T2-92-7761 CIT #: Youth #: SA Archived RID #: CRM 038131 Paging: (n = Page number, <> = hange direction, L=Last Page] Function code: Codes availa le: 12 A$Z .. � !_ TAI648 �# SD1034.1/931228:1426 Na e Index Display n� ,�� 3 of 3 l.� Name : BACIGALUPO, LOUIS . . . . . . . . . . . . . . . . . . . . . . BACIGALUPO, LOUIS JOSEPH . . . . . . ./State of Minnesota (PLN) FLD:07/15/91 Mvn Misd DAS DOB 07/13/1954 62-T5-91-82167 Cit #: Youth #: Archived BACIGALUPO, LOUIS JOSEPH . . . . . . ./State of Minnesota (PLN) FLD:O1/13/92 Dr Intx No Convictions on Case DOB 07/13/1954 62-T6-92-4216 Cit #: Youth #: Archived RID #: CR -038131 BACIGALLPO, LOUIS JOSEPH, [2/111 93] /The State of Minnesota(PLN) Defendant FLD:11/24/93 Mvn Petty N0 MC ENDORSEMENT DOB 07/13/1954 62�T6-93-35069 CIT #: SP -927435 Youth #: Open The following names are "s nd alikes "for BACIGALUPO ------------------------------- BACIAGALUPO, LOUIS . . . . . . . . . ./GOLDBERG BONDING COMPANY INC.(PLN) Defendant FLD:O1/20/89 Tra s Judg DOB 62-C2-89-1142 CIT #: Youth #: Judgment BACIAGALUPO, LOUIS . . . . . . . . . ./DUDREY, DAVID E.(PLN) Defendant FLD:08/24/88 Tra s Judg DOB 62-C7-88-3832 CIT #: Youth #: Judgment i STATE OF MINNESOTA r DISTRICT COURT ' COUNTy OF RAMSEY SECOND JUDICIpi, DISTRICT i q�-1430 Scott Quinn NOTICE OF: VS '— � FILING OF O�gR Louie's Straightline Auto l�CJ ENTRY OF JUDGMENT � �� v.r .I DOCKETING OF JUDGMENT 3 } ti } t ' COURT FILE N0: C6 91 3282 IN RE; � You are hereby notified that on was duly filed in the a ove entitled matter. � 19 an Order n You are hereby notified hat on Sevtember 26 was duly entered in the bove entitled matter, ' 19 90 a Judgment � You are hereby notified hat on March .25th , 19 91 a Jud was duly docketed in the above entitled matter in the amount of $ 480.00 A true and correct cony r} � T,,,� . •.�ic� i�as been served by mail upon the parties named herein at t e last known address of each, pursuant to Minnesota Rules of Civil rocedure, Rule 77.04. Dated: March 25th, 1991 J.E. GOCKOWSKI Court Administrator By Gloria Jameson Deputy ��'I� � �� a $•q -9� �' � DCA 302 q�- i� 30 Interdepartmental Me orandum CITY OF SAINT PA L DATE: August 4, 1994 ! TO: Bacigalupo Hear ng File FROM: Phil Byrne� ' RE: Conversation After the hearing th morning, I called 644-1142, and asked for Louie Bacigalupo. A m le answered and said he was not there. I said who I was and my te ephone number, and indicated that I was calling about the hearing n his license application, and wanted to know whether he intended o be present on Friday morning. A few minutes later' at about 10:30 a.m., Louis Bacigalupo called me. I asked him why he had not appeared at the hearing this morning, and whether he i tended to appear at the hearing tomorrow morning. He responded and sa d that he was moving, and that he was going to go into busines elsewhere, or work for someone else. He said that he had consulte an attorney, and while the attorney said he had a good case, he (B igalupo) had decided not to fight it. He stated that he would not ppear tomorrow, and meant no disrespect but just was going somew ere else and did not want to pursue the license. He said several imes that he was moving, and was going to go somewhere else, and d' not want the hassle. Ci�! EX tt '� �iu A �-�-9� Y � ` ' OFFICE OF THE CTTY ATTORNEY Timothy E. ManS City Aaorney CTTY OF SAINT PAU � ' Civil Division {� '� Norm Colemon, Mayo� �� t :.,, �,, 4�DA�Ha1l Telephone: 612 266 8710 `'� . :! i�3 ° Kel[ogg Blvd Facsimile: 612 298-5619 Saixt Paul, Minnesota 55102 �- � � � .- , ,.. , , . . - . .;; June 28, 1994 Louis Bacigalupo The Car Connection 817 Vandalia Street Saint Paul, Minnesota 55 14 Re: License Application or General Repair Garage License Premises at 817 Vand lia Street Dear Mr. Bacigalupo: This is to notify you th t a hearing will be held concerning your application for a general repair garage license for the premises at 817 Vandalia Avenue in S int Paul at the following time, date and place: Date: August 4- , 1994 Time: 9:00 a.m. Place: Room 40-B Saint Pau City Hall & Ramsey County Courthouse 25 West R lloqq Blvd. Saint Pau , Minnesota 55102-1616 The judge will be an Ad inistrative Law Judge from the State of Minnesota Office of Admi istrative Hearings: N3me: Rita MCCO nell Office of Administrative Hearinqs 100 Washi qton Square suite 170 Minneapol s, Minnesota 55401-2138 Telephone: 341-7600 ql-I -I�-I� Evidence will be presen ed to the judge which would constitute grounds on which the Cit Council, after receiving the report of the judge, could deny our license application. The possible grounds for adverse acti n are: First, you have not btained the necessary building permits to bring the premises 'nto compliance with applicable building codes. Second, there are m ny conciliation court judgments against you arising out of previous operations as a general repair garage or automoti e work on cars, which have not been satisfied. Third, the City has received complaints about the quality of your work and the f irness of your business praczices. Fourth, the facts ay show that you have been operating without a license, hich is a violation of the ordinance. Fifth, the license fice will introduce evidence relating to your record of past traffic offenses. All of the forego' g bear on your fitness to operate a licensed business i Saint Paul, and may afford a basis for denial of that lice se under section 310.06(b)(3) and (6) of the Saint Paul Legi lative Code. In order to facilitate t e receipt of evidence on these issues, I will send letters to all persons who have made complaints to the City, and to all persons who appear to have unsatisfied judgments against you in Conciliat'on Court, and offer them the chance to testify at the hearing wi h regard to your fitness and whether the City Council should lice se you. Both the ordinance and the OAH Rules allow the judge to ear the relevant testimony of interested persons at such hearing . In addition, I will present evidence relating to your operat'on without a license, and past driving record, and relating to the compliance or noncompliance of the premises with zoning and uilding code requirements. You have the right to b represented by an attorney before and during the hearing if you so choose, or you can represent yourself. You may also have a per n of your choice represent you, to the extent not prohibited as nauthorized practice of law. The hearing will be cond ted accordance with the requirements of sections 14.57 to 14.62 f the Minnesota Statutes, and such parts of the procedures und r section 310.05 of the Saint Paul Legislative Code as may applicable. At the hearing, the Admin strative Law Judge will have all parties identify themselves for t e record. Then the City will present its witnesses and evidence, ch of whom the licensee or attorney may cross-examine. The li nsee may then offer in rebuttal any � � , . -/ t �' _ ! �(.J 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 rele ant and material testimony from persons not presented as witnesse by either party who have a substantial interest in the outcome o the proceeding; for example, the owners or occupants of property 1 cated in close proximity to the licensed premises may have subst tial interest in the outcome of the proceeding. Concluding rguments may be made by the parties. Following the hearing, t e Judge will prepare Findings of Fact, Conclusions of Law, and a pecific recommendation for action to be taken by the City Council You should bring to th hearing all documents, records and witnesses you will or may eed to support your position. Subpoenas may be available to com el the attendance of witnesses or the production of documents ' conformity with Minnesota Rules, part 1400.7000. If you think that this ma ter can be resolved or settled without a formal hearing, please c ntact or have your attorney contact the undersigned. If a stipula ion or agreement can be reached as to the facts, that stipulation w 11 be presented to the Administrative Law Judge for incorporation i to his or her recommendation for Council action. If you fail to appear at he hearing, the allegations against you which have been stated ea lier in this notice may be taken as true and your ability to chai nge them forfeited. If non-public data is received into eviden at the hearing, it may become public unless objection is mad and relief requested under Minnesota Statutes, section 14.60, subdivision 2. Very Truly Yours, . , �' Philip . Byrne Assistant City Attorney cc: Robert Kessler Kris Van Horn John Hardwick LIEP Nancy Anderso Council Secretary Nancy Thomas Office of Adminis rative Hearings Ms. Abby Struck, C. . St. Anthony Park Co unity Council 890 Cromwell Avenue Saint Paul, Minneso a 55114