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97-163� � � � � �� Council Eile # c l� ��e3 . i ` Green Sheet # ;�('��-/\lv RESOLUTION GITY OF SAINT PAUL, MINNESOTA 1 , �.7 Presented By Referred To 1 2 3 4 5 b 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ?2 23 24 25 2b Committee: Date WHEREAS, an adverse license action was initiated against the licenses of Mary P. Fasching, dlb/a M,F. Automotive by the Office of License, Inspections and Environmental Protection; and WHEREAS, a hearing was held before an Administrative Law Judge who issued Findings of Fact, Conclusions and a Recommendation to the City Council on November 14, 1996; and WHEREA5, Exceptions to ttie Findings of Fact, Conclusions and Recommendation were filed on behalf of the O�ce of LIEP; and WHEREAS, a public heazing was heid on February 5, 1997 before the Saint Paul City Council; now, therefore, be it RESOLVED, that a fine in the amount of One Thousand Dollars ($1,000) be imposed on the automotive repair gazage license held by Mary P. Fasching, d!b!a M.F. Automotive for the premises located at 1728 Selby Avenue in the City of Saint Paul, said fine to be payable within thiriy (30) days of the adoption of this Resolution. This Resolution and the action taken above are based upon the Findings of Fact and Conclusions of Law as amended by the City's Exceptions to the Findings, Conclusions and Recommendation filed on behalf of the Office of License, Inspections and Environmental Protection, and such arguments as were presented to the City Council at the public hearing on this matter. Requested by Department of: By: Form Approved by Cit ttorney Adopted by Council : Date � `�p , �q , }� Adoption Certified by Council Secretary BY: �, B �'� t -�o- � Approved by Mayor for Submission to �pproved by Mayor: Da�ll� Council , � �' v '---� By: Office of City Attorney 266-8710 `��1-�b3 380� 6 INITfAi1DATE � CENCOUNCIL � CITY CLERK � FIN. & MC�L SERVICES DIR. ❑ z-ii=i99� GREEN SHEET INITIAVDATE— � OEPARTMENTDIRECTOfi �WN � GTYAiTORNEY ABER FON Ii1NG � BU�GET DIRECTOR �p O MAYOR (Op ASSISTAIJ'n TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) Finalizing City Council action taken on December 4, 1996, concerning adverse action against licenses held by Mary P. Fasc3vng, DBA M.F. Automorive, 1728 Selby Avenue. y PIANNING COMMISSION _ CIYIL SERVICE COMMISSION CIB COMMITTEE _ 9TAFP _ �BTRICTCOURT _ ORTS WHICH COUNGL O&IECTIVE? PROBLEM, ISSt1E. PERSONAL SEHVICE CONTRACTS MUST ANSWER TFiE POLLOWING QUESTIONS: 1. Has [his personrfirm ever worksC under a contract for this Gepartment? YES NO 2. Has this perso�lfirm ever 4een a city empbyee? YES NO 3. Does this personttirm possess a skill frot fwrmally possegsed by any cunent ciry em0�q'ee? YES NO Explain all yes answers on separate sheet and attaeh to green ahcet Cota�cil Resear Center I� �B 1 I ��9? MOUNT OF TRANSACTION SOURCE NFORhfATION' (EXPLAIN) COST/REVENUE BUOGETED (CIRCIE ONE) ACTIVI7Y NUMBEfl YES NO OFFICE OF Tf� CITY ATTORNEY q1 �� CITY OF SAINT PAUL Norm Cotema+¢, Mayor crv�eDN�:on 400 Ciry Hau I S West Kellagg Btvd. SaintPaul, Mirsnesata 551�2 Telephone: 61Z 266-8710 Facsimt7e: 612 29&5619 Februar�r 11, 1997 Nancy Anderson 310 City Hall RE: Wednesda�r, December 4, 1996 Council Hearing Item for Consent Agenda: 1. Mary P. Fasching d/bja M.F. Automotive Nancy: Attached is the signed resolution identifying the penalty imposed by the council on M.F. Automotive. Please schedule this for the Consent Agenda for the Council Aearing on Wednesday, Februarg 19, 1997. Thank you. Since�/el�r Peter P. Paralegal � �l q�� STATE OF MINNESOTA OFRICE OF ADMINISTRATIVE HE�RINGS FOR fiHE CITY OF SAINT PAUL In re all Licenses held by CITY EXCEPTIONS TO Mary P. Fasching, dib/a M.F. FINDINGS, CONCLUSIONS Automotive, 1728 Selby Avenue RECOMMENDATIONS The City of Saint Paul, through the office of License, Inspections and Environmental Protection, files'the following exceptions pursuant to Minn. Stat. § 14.61 to the Report of the Administrative Law Judge in the above matter which was dated November 14, 1996 and filed with the City Clerk thereafter. I. Exceptions to Findings of Fact. A. Findinq 2: This finding incorrectly states the basis for adverse action. Action was brought pursuant to Saint Paul Legislative Code �310.06(b)(5), which states that adverse actions may be brought if "[t]he licensee or applicant has failed to comply with any condition set forth in the license, or set forth in the resolution granting or renewing the license." B. Finding 5: Licensee stipulated to certain violations which relate to other license conditions. She waived the hearing an that basis, and the Findings should be limited to her stipulation. C. Findinct &: This was not one of the violations to which licensee stipulated, and shauld be deleted. D. Findina 8: This was not one of the violations to which the licensee stipulated, and should be deleted. E. Findina 10: This was not one of the violations to which licensee stipulated, and should be deleted. �� F. � f;i Findinq 11: This was not one of the violations to which licensee stipulated, and should be deleted. Findinq 12: This was not one of the violations to which licensee stipulated, and should be deleted. Findinq 13: This was not one of the violations to which the licensee stipulated, and should be deleted. I. Finding 14: The licensee agreed to stipulate to certain violations on the dates of July 24 and July 26, 1996, but did not agree to stipulate to all of the violations. ZI. Exceptions to Conclusions of Law. A. Conclusion 5. This conclusion relates to Finding #6,(see I.C., above), and should be deleted. B. Conclusian 7: This conclusion should read "on July 26, 1996" rather than "On July 28, 1996", in accordance with Finding of Fact #9. C. Conclusion 8: This conclusion relates to Finding # 10 tsee I.E. above), and should be deleted. �� E F. Conclusion 9: This conclusion relates to Finding #11 tsee I.F. above), and should be deleted. Conclusion 10: This conclusion relates to Finding #12 (see I.G. above), and should be deleted. Conclusion il: This conclusion relates to Finding # 13 tsee I.H. above}, and should be deleted. G. Conclusion 12: This conclusion should read that °M.F. Automotive has failed to comply with conditions set forth in the license" in violation of Saint Paul Legislative Code �310.�6(b)(5). III. Amended Findings, Conclusions and Recommendations. Attached hereto are nroposed amended findings and conclusions ��c� which are prepared for use in lieu of those contained in the ALJ Report. The undersigned urges the Saint Paul City Council to adopt the Findings, Conclusions and Recommendation of the Administrative Law Judge with exception of those which should be deleted and those in which an amended Finding or Conclusion is proposed. Submitted this ;,?.� day of January, 1997. _U � u��t Virginia . Palmer Assistant City Attorney Attorney for LIEP 400 City Hall Saint Paul, MN 55102 (&12) 266-8710 Atty ID #= 128995 �� APPENDIX 2. Amended Findings of Fact l. M.F. Automotive is an auto repair garage licensed in the City of Saint Paul. 2. The City has brought this adverse action against the licenses held by M.F_ Automotive alleging a violation of Saint Paul Legislative Code �^�'�' ��a-" ^ 65 a�� 3�9 86, �� a� ��te �tts}�ess 4. On July 24, 1996, the parking lot adjacent to the auto repair garage had 17 cars in the lot. _• �a��}e� ��t�be� 6 e� £h.�'. ,,,.�...�,.�.....,.. ,: •,� a �-�---��<e-�e��t�� ee�s e�-�a��s �e �e sE et��e��e�� h,.: �� J�_.. _— � . 6 8�-��-�� 8�6, � �e��e�e €�a�e, �<, ,..a _ � �,�,_� . _ .,. _,. ,i.... ,.a ..�..,. ..a .t,.;.o„ �-i.... u.. : i a; _ �.-. ��. Condition number 5 of M.F. Automotive's license provided that maintenance work was not to be done outside the building. $,—vn-ac}�F---zS ��86��e id^crc c^�'^no^ci9ca 'viv^i�7.-n�-ica Ri ntn i n �-hr.iri �-: � �+- _ _""_ "' "" r »_._�_.� ....�... 3��s;; On July 26, 1996, work was being done on the red Pinto in the parking lot at 11:35 a.m., 4:00 p.m., 4:30 p.m., 5:15 p.m., and 8:45 p.m_ .,_. r.. �• i � i� i i� �-9� =-3�, �996, - - ----_ ..--- _____ . _� ___...._..� _.__.._ .� tln Aainatic# '1 '11aA � � • t, • i .'_ _ `_' "_�__ _ _ _' _ _ , t ...�.. r ,�,. ..�`... ,.,,...�.�.,� ..,. .. .........,..� �.. ��3e--��'dE��g �6`c 3� 6 - 3 B=F-tit ..,, a ° _ '' ^ .., �� "- y � 7, �9�6, a� � a m , �6 �,e��e�es �ae�e .,hN:.�.�� .. �ti r'�-'��-'� � ,- .. ,..a . i... .. �i � ,.. i..,. �... ,., a �3—�Y3 �kHHEj4tBE '7� }996 c•• 'x• c 'c c t �c'^^� ��P �"•"'':"� a--a ��Q '---� e�ae��*e� ��e�e €e� eae� a uaee3� The licensee 3. Condition #3 of M.F. Automotive's license provided that the parking lot was not to hold more than 12 cafs. ��-�� II. Amended Conclusions l. The Administrative Law Judge matter pursuant to Section 331.05{m)t4) Code and Minn. Stat. §14.55. has jurisdiction in this of the St. Paul Legislative 2. The Notice of Aearing was proper and the City has complied with all other substantive and procedural requirement of law or rule. 3. The Council of the City of St. paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including Sections 310.05 and 310.Ob, of the St. Paul Legislative Code. Adverse action may include revocation, suspension, fines and other penalties or conditions. 4. On July 24, 1996, M.F. Automotive was in violation of condition number 3 of its license in that the parking lot held more than 12 cars during and after business hours. Fr�'. On July 25, 1996, M.F. condition number 5 of its license not done inside the building. Automotive was in violation of in that all maintenance work was ��i. On Ju1y 28&, 1996, M.F. condition number 5 of its license red Pinto in the parking lot. Automotive was in violation of in that work was being done on a :�e!��as� 3�$. The City requested that M.F. Automotive pay a$2,D00 fine. M. F. Automotive requested no fine. a �,�� - - -- _ -------- ------: - : _-- ----� 3-�7. M.F �� ', in viola Automotive �3�. No credible evidence was introduced concerning M.F. Automotive's finances and it is impossible for the Administrative Law Judge to determine with precision the appropriate amount of the fine. APPENDIX I. Amended Findings of Fact ��-�c� 1_ M.F. Automotive is an auto repair garage licensed in the City of Saint Paul. 2. The City has brought this adverse action against the licenses held by M.F. Automotive alleging a violation of Sair.t Paul Legislative Code §310.06(b)(5), in that the business has "failed to compl�r with conditions set forth in the license." 3. Condition #3 of M.F. Automotive's license provided that the parking lot was nat to hold more than 12 cars. 4. On July 24, 1996, the parking lot adjacent to the auto repair garage had 17 cars in the lot. 5. Condition number 5 of M.F. Automotive's license provided that maintenance work was not to be done outside the building. 6. On July 26, 1996, work was being done on the red Pinto in the parking lot at 11:35 a.m., 4:00 p.m., 4:30 p.m., 5:15 p.m., and Sc45 p.m. � 7. The licensee admitted to violations occurring on two dates, specifically too many vehicles in the parking lot on July 24, 1996 and work being performed on a red Pinto outside the building on July 26, 1996. 8. The City requested that M.F. Automotive pay a$2,OQ0 £ine. M. F. Automotive requested no fine. II. Amended Conclusions 1. The Administrative Law Judge has jurisdiction in this matter pursuant to Section 331.05(m)(4) of the St. Paul Legislative Code and Minn. Stat. §14.55. 2. The Notice of Hearing was proper and the City has complied with all other substantive and procedural requirement of law or rule. 3. The Council of the City of St. paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including Sectians 310.05 and 310.06, of the &t. Paul Legislative Code. Adverse action may include revocation, suspension, £ines and other penalties or conditions. 4. On Ju1y 24, 1996, M.F. Automotive was in violation of condition number 3 of its license in that the parking lot held more than 12 cars during and after business hours. , . - �� 5. On July 25, 1996, M.F. condition number 5 of its license not done inside the building. Automotive was in violation of in that all maintenance work was 6. On July 26, 1996, M.F. Automotive was in violation of condition number 5 of its license in that work was being done on a red Pinto in the parking lot. 7. M.F. Automotive failed to comply with conditions set forth in the license in violation of 310.06(b)(5) of the St. Paul Legislative Code. 8. No credible evidence was introduced concerning M.F. Automotive's finances and it is impossible for the Administrative Law Judge to determine with precision the appropriate amount of the fine. CITY OF SA.INT PAUL Norm Coteman, Mtryar January 3, 1997 Ms. Lynn Wolters Attorney at Law 2489 Rice Street, #� 2b0 Roseville, Minnesota 55112 OFFICE OF Tf� CITY ATTORNEY 6/ r„wrt,y � ,xa�. cuy Rao.,� Civil Division � � v �� 4Q0 City Hall Tekphone: 672 Z66-8710 IS West Xellogg Bfvd Facsimile: 612 298-3619 Saint Pau{ Muuresom 55101 NQTICE OF RE-SCHEDVLED COtJNC2L HEARING RE: Al1 licenses held by Mary P for the premises located at License ID No.: 14762 Our File Number: G96-0405 . Fasching d/bJa M.F. Automotive 1728 Selby Avenue, St. Paul Dear Mr. Wolters: Please take notice that the hearing on the report of the Administrative Law Judge concerning your client, Mary P. Fasching doing business as M.F. Automotive, has now been re-scheduled for 4:30 p.m., Wednesday, February 5, 1997, in the Cit� Council Chambers, Third Floor, Saint Paul City Aa11 and Ramsey County Courthouse. If you have any questions, you're welcome to call me at 266-8710. Sincerely, � �/�(��/ � � �'�,�� V Virginia D. Palmer Assistant City Attorney � .^��:*vn;; .... .,� s '?7?F.^Z Ws`.t.�... _ . . L�.. �F-'s l� 4 , i+' .,G.,, cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Julian Loscalzo, Exec. Director, Lexington-Hamline Community Council, 1160 Selby Ave., St. Paul, MN 55104 Ed Bower, Community Organizer, Merriam Park and Snelling- Hamline Community Council, 1573 Selby Ave., Suite 311, St. Paul, MN 55104 OFF7CE OF THE CITY ATTORNEY Timothy & Ma�x, Ciry A�totney CITij OF SAINT PAUL No>m Coleman, Mayo> Civi! Division 4D0 City Xatt IS West Kellogg BHd Saint Paul, Mtnnesom 55102 ry n � l�t I Telephane: 6T2 266-8770 FaamtiJe: 612 298-5619 � December 18, 1996 Mr. Lynn Wolters Attorney at Law 2489 Rice Street, #260 Saint Paul, Minnesota 55112 RE: Rescheduling 12/2&/9b Public Hearing Al1 licenses held by Mary P. Fasching dib/a M.F. Automotive Our File Number: G96-0405 Dear Mr. Wolters: Pursuant to your request, we will reschedule the December 26, 1996 public hearing involving your client Ms. Mary Fasching. We will notify you as soon as we have a new date. Sincerely, �,iv`�;' °...,`-��... , , �y� S . .` :w : w. Peter P. Pangborn Paralegal cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Julian Loscalzo, Exec. Director, Lexington-Hamline Community Council, 1160 Selby Ave., St. Paul, MN 55104 Ed Bower, Community Organizer, Merriam Park and Snelling- Hamline Community Council, 1573 Selby Ave., Suite 311, St. Paul, MN 55164 OFFICE OF Tf� CITY ATTORNEY Trmothy E. Mmx Crty Attorney CITY OF SAINT PAUL Norm Coleman, Mayor Civil Division 4D0 City Halt IS I�Yest Keltogg BPod Samt Paub Mbmesom 55701 a �-i�� Telephone: 671 166-877 0 Faabnile: 6I219&5619 December 6, 1996 Ms. Lynn Wolters ' Attorney at Law • 2489 Rice Street, # 26Q Roseville, Minnesota 55112 NOTICE OF COiTNCIL HEARING RE: All licenses held by Mary P. Fasching djbja M.F. Automotive for the premises located at 1728 9elby Avenue, St. Paul License ID No.: 14762 Our Fi1e Number: G96-0405 Dear Ms. Wolters: Please take notice that a hearing on the report of the ` Administrative Law Sudge concerning the above-mentioned establishment has been scheduled for 4:30 p.m., Thursday, December 26, 1996, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You mag also present oral or written argument to the council at-the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, � � �� Virgi� Palmer Assistant City Attorney ce: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP ��:�V;;' . -�,� ,, � �,h '° `;::;;- �� r �� ', Julian Loscalzo, Exec_ Director, Lexington-Hamline Council, 1160 Selb}r Ave., St. Paul, MN 55104 Ed Hower, Community Organizer, Merriam Park and Hamline Community Council, 1573 Selby Ave., St. Paul, MN 55104 Community Snelling- Suite 311, . , z � _ . �� "�� Fiie No. 57-2111-10738-3 STATE 4F MINNESOTA OFFiG� flF ADMiN1STRA7IVE HERRiNGS FOR THE ST. PAUL C1TY COUNGlL In re a11 Licenses heid by Mary P. �asching dJb/a M. F. Automotive for the premises located at 1728 Selby Avenue St. Paui, Minnesata „-�..� ��Ei Nov � $ �ss c�� aT��R�� FfNDItVGS OF FACT, CONCLUSlONS OF LAW AIUD RECO1v1MENDATiON The above entiUed matter came an for hearing before Administrative Law Judge Jarries N. Ranum on October 24, 1996, in Room 220, Cor�ference Raom 8, Board ot County Commissioners, 15 West Kelfogg Boulevard, St. Paui, Minnesota 55702. Virginia D. Paimer, Assistar�i St. Paui Ciiy Attorney, 400 Ciiy Hail, 15 West Keilogg Boulevard, St. Paul, Minnesota, appeared on behaff af the Oifice of License, inspectians and Environmentai Protection. The licensehoider Mary P. Fasching doing business as M. F. Automotive, 1728 Seiby Avenue, St. Pau(, Minnesota appeared at the hearing. She was represented by Lynn Woliers, Attorney at Law, 2489 Rice Street, #260, Roseviile, Minnesata 55 i 12. The record ciosed on October 24, 1996, et the adjournment of the hearing. -1- �� These Findings and Conclus�ons may be appealed to the St. Paul City Councii by any aggrieved parson by fiiing a rotice wiih the C+ty Clerk. The appeai wili then be scheduled far a hearing ai :he next City Gouncif ineeting. These apoeal provisions are contained in Saction 331.05(m){5) Pau{ Legisfative Code. STATEMENT OF iSSUE The issue to be determined in this case is whether grounds exist to support the assessment of penalties against Mary P. Fasching doing business as M. F. Automotive. FINDINGS OF FACT 1. M. F. Automotive is an auto repair garage kicensed in the City of St. Paul: 2. The City has brought this adverse action aga+nst the licenses heid by M. F. � Automotive alleging a viofation ot St. Paul Legisiative Code Sections 3�0.05 and 310.06, in that the business "permits conditions that unreasonably annoy, injure, or endanger the safety, health, mora4s, comfiort or repose of any considerabie number of inembers of the pubfic." 3. Condition number 3 of M. F. Autamotive's license provided that the parking lot was not to hoid more than 12 cars. 4. On .fuly 24, 1996, the parking fot adjacent ta the auto repair garage had 17 cars in the 1ot. 5. Condition number 6 of M. F. Automative's license provided i� was not to permit toois or parts to be standing outside the buiiding. -2- ��-l�� 6. Qn July 24, 1996, a vehicie frame, oil and gas tanks were observed on the ground outside the buiiding, 7. Condition number 5 of M. F. Automotive's iicense provided that maintenance work was not to be done outside tiie b�ilding. 8. On .luly 25, 1998, peopie were observed working on a red Pinto in the parking iot. 9. On July 26, 1996, wQrk was being done on the red Pinto in the parking fot at 11:35 a.m., 4:00 p.m., 4:30 p.m., 5:15 p.m., and 8:45 p.m. 10. On July 31, 1996, vshicies were observed btocking Herschel Street by parking a trailer in such a way that other vehicies could not get through. 11. On August 1, 1986, peop4e were working on a vehic4e in the pasking !ot at 6:30 p.m. and 8:�0 p.m. 12. On August 7, 1996, at 1:30 a.m., 16 vehicles were observed in the parking lot. �3. On August 7, 1996, two incapacitated vehicies were behind the building and had been observed there for over a week. 14. The licensee did not contest the charges of #he City and stipulated to #he authenticity of Exhibits 1 and 2. 15. The City requested that M. F. Automotive pay a$2,000.00 fine. M. F. Automotive requested no fine. -3- �� Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Larr Judge has jurisdiction in this matter pursuant to Section 331.05(mj(4) of the St. Paul Legisiative Code and Minn. Stat. 14.55. 2. The Notice of Fiearing was proper and the City has complied with all other substantive and procedural requirements of law or rule. 3. The Councii of the City of St. Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter . 310, including Sections 310.05 and 3i0.06, of the St. Paui legislative Code. Adverse action may include sevocation, suspension, fines and other penalties or conditions. 4. On July 24, 1996, M. F. Automotive was in violation of condition number 3 of its license in that the parking !ot held more than 12 cars during and after business hours. 5. On July 24, 1998, M. F. Automotive was in violation of condition 6 of its iicense in that tools or parts were standing outside of the buiiding. 6. On July 25, 1996, M. F. Automotive was in violation of condition number 5 of its ticense in that al1 mairrtenance work was not done inside the building. 7. On July 28, 1996, M. F. Automotive was in violation of condiiion number 5 ofi its iicense in that work was being done on a red Pirrto in the parking {ot. 8. On July 31, 1996, M. F. Automotive violated St. Paul Legisiative Code 157.07(a) in ihat it permitted the blocking of Herschel Avenue with a traifer. � � � _(�� J. On August a, 7996, M. F. Automath✓e :vas in vioiation of candition number 5 of its license by working on a vericl2 in trie parking lot. 10. On August 7, �996, M. F. Automotive was in vioiaticn of condition number 3 of its license by oermitting more tlian .�2 vehicies in the parking lot. 11. On August 7, 1996, M. F. Automotive was in violation of condition number 7 of its license by permitting incapacitated vehicles to remain outside for one wsek. 12. M. F. Automative "permitted condrtions that unreasonably annoyed, injured, or endangered the safeiy, heaith, morais, comfort, or repose of any considerabie number of inembers ofi the pubiic" in violation of 3i4.06(b)(7) of the St. Paui Legislative Code. 13. No credible evidence was irrtroduced concerning M. F. Automcrtive's finances and it is impossible for the Administrative Law Judge to determine with precision the appropriate amourrt of tine. RECOMMENDATlON The undersigned recommends the tolfowing penafties against M. F. Automotive: A fine in the amount of Seven Hundred Fifity Dollars ($750.00). Dated this �� day of , 1996. � Law Judge -5- November 18, 1996 Fred Owusu City Clerk 170 Gity Hall 15 W. Kelfogg Bivd. St. Paul, MN 55102 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 1 �0 Washington Square, Suite 1700 100 Washington Avenue South Minneapotis, Minnesota 55401-2138 �� (�� t Re: In the Matt�r of All Licenses Held by Mary P. Fasching d/bta M. F. Automotive; OAH Docket No. 57-2111-10738-3 Dear Mr. Owusu: On November 14, 1996, Administrative law Judge Ranum served the Findings of Fact, Conciusions and Recommendation in the above-entitled matter. Enclosed is the o�ciai record, inciuding a copy of the tape recording of the hearing. Our file in this matter is now being closed. Very truly yours, �� lul�LGL� `!i//C . /G�� y1�1.LNd a ancy M. Thomas Docket Cierk Telephone: 612l341-7615 NT Enc. Providing Impartiai Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-760o � TDD No (612) 341-734& � F� No. {612) 349-2665 r� ,�,.9 � �� - I �3 File No. 57-211 i-10738-3 STATE OF MIfiNESOTA OFFICE OF ADMfNISTRATIVE HEARINGS FOR TkiE ST. PAUL CITY COUNCiL In re afl Licenses held by Mary P. Fasching d/bJa M. F. Automotive for the premises located at 1728 Selby Avenue St. Paul, Minnesota FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION The above entitled matter came on for hearing before Administrative Law Judge James H. Ranum on October 24, 1996, in Room 220, Conference Room B, Board of Courity Commissioners, 15 West Kelfogg Boulevard, St. Paui, Minnesota 551D2. Virginia D. Paimer, Assistarrt St. Paul City Attorney, 400 City Haif, 15 West Keilogg Boulevard, St. Paui, Minnesota, appeared on behalf of the Office of License, Inspections and Environmentai Protection. The licensehoider Mary P. Fasching doing business as M. F. Automotive, 1728 Selby Avenue, St. Paul, Minnesota appeared at the hearing. She was represented by Lynn Wolters, Attorney at Law, 2489 Rice Street, #260, Roseville, Minnesota 55112. The record ciosed on October 24, i996, at the adjournment of the hearing. -1- ,t� >: , �1 "�� These Findings and Canclusions may be appealed to the St. Paul City Councii by any aggrieved person by filing a notice with the City Cierk. The appeal wili then be scheduled far a hearing at the next City Councii meeting. These appeal provisions are corrtained in Section 331.05{m)(5}, St. Pauf legislative Code. STATEMENT OF ISSUE The issue to be determined in this case is whether grounds exist to support the assessment af penalties against Mary P. Fasching doing business as M. F. Automotive. FINDINGS OF FACT i. AA. F. Automotive is an auto repair garage licensed in the City of 5t. Paui. 2. The Gity has brought this adverse action against the licenses heid by M. F. Automotive aileging a vialation of St. Paul Legisiative Code Sections 314.05 and 310.06, in that ihe business "permits conditions that unreasonabiy annoy, injure, or endanger the safety, health, morals, comfort or repose of any considerabie number of inembers oE the pubiia" 3. Condition number 3 of M. F. Automotive's ficense provided that the parking lot was not to hold more than 12 cars. 4. On July 24, 1996, ths parking lot adjacent to the auto repair garage had 17 cars in #he lot. 5. Condition number 6 ot M. F. Automotive's license provided it was not to permit tools or parts to be standing outside the building. �� - l�� 6. On Juiy 24, 1996, a vehicle frame, oil and gas tanks were obsarved on the ground outside the building. 7. Condition number 5 of M. F. Automotive's license provided that maintenance work was not to be done outslde the lauiiding. 8. On July 25, 1996, people were observed working on a red Pinto in the parking lot. 9. On July 26, 1996, work was being done on the red Pinto in the parking lot at 11:35 a.m., 4:00 p.m., 4:30 p.m., 5:15 p.m., and 8:45 p.m. 10. On July 31, 1996, vehicies were observed blocking Herschei Street by parking a trailer in such a way that other vehicles cou4d nat get through. 11. On August 1, 1996, people were working on a vehicle in the parking fot at 6:30 p.m. and 8:10 p.m. 12. On August 7, i996, at 1:30 a.m., 16 vehicles were observed in the parking iot. 13. On August 7, 1996, tvuo incapacitated vehicles ware behind the building and had been observed there for over a week� 14. The licensee did not contest the charges of the City and stipu{ated to the autherrticity of Exhibits 1 and 2. i5. The City requested that M. F. Automotive pay a$2,000.00 fine. M. F. Automotive requested no fine. -3- �� _ Ic�� AFFIDAVIT OB SERVICE BY MAIL STATE OF MINNESOTA ) ) COONTY OF HENNEPIN 1 James H. Ranum, o= the City of _M_inneapolis, County of Hennepin, in the State of Minnesota, �eing duly sworn, says �hat on Che of , 199�, he sey the =ollowing: �v'C"^�C n F �S` on �-y^'^' �'`'�+� attorney for the (Z��,.k� by mailing a copy theseof in an envelope, postage prspaid, and by depasiting same in the gost office at Minn.eanolis, Minnesota, directed to said attorney at: rc.t= p,� ?�� t , J-�� ° Jtc� (�'ce�.�, Ma� last known address of said attorney. Subscribed d sworn to before me t� j�?'� of F\I�UYrn��' 199�. Notary Y / IJ J / 'If / /!!llfllfJ. I. /J/!1/IJ S � �� v� • � � S �, � , i�� `�/J'l-�-ii_ _ l./'fj %'J-!!!J fIJ'J'J'JS� i AFFIDAVIT 6B SEI2VICE BY MA2L STATE QF MINNESOTA } ) COT3NTY OF BENNEpIN ) James H. Ranum, of the City of �inneagolis, County of Hennepia, in the Stat= oi Minnesota, being duly sworn, says �hat on the oi , 19�, he served the =ollowing: �(„��wr�C � Cc=WCCuSwr �l on lS��w�a p��Me'^ attorney for the �'y °� ��` �"" by mailing a copg thereof in an envelope, postage prepaid, and by depositing same in the posL ofrice at Minneapolis, Minnesota, directed to said attorney at: y-oo �,� �((� t5- wc��- Jeeff�g� q3��1 �� Qc+ i !'�!" last known address of said attorney. Subscribed and sworn to b fore me �is (l�'�y o£ �,A(cErta,�, 199�i. A."Ranum Si'� � 'rrri'rr.ri-r�l � � + �, ; .,� � ' � .' . • r - . L 1 q ' ' � / If!! '✓ 'JfJ '. / `I 'J 'Il '� '. / '� 'lII/ '- / "J '� l. / 'fJ S� STATE OF MINNESOTA � � — { � 3 OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Sude 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 October 7, 1996 Peter P. Pangbom, Paralegai Office of the City Attomey Civil Division 400 City Hall 15 West Keltogg Soulevard St. Paul, Minnesota 55102 Re: Licenses Held by Ma[y F. Fasching d/bla M. F. Automofive for 4he Premises Located at 1728 Se1by Avenue, St. Paul; QAH Docket No.57-2111-10738-3. Dear Mr. Pangbom: As requested in your letter of October 4, 1996, to Administrative Law Judge James Ranum, enclosed are subpoenas requiring the attendance of Officers David Titus and Jetftey Parsons at the hearing in ttie above-referenced matter. Sincere{y, �a�� Cl � `�cz�� SANRRA A. HAVEN Administrator of Office Services Telephone:612/349-7642 sh Enc. Providing Impartai Hearings for Govemment and Ci6zens An Equai Opportunity Employer Administrative Law Section 8 Administrativa Services (612) 341-7600 � TDD No. (612) 344-7346 � Fax No. (672) 349-2665 q�-(c� .. �,.,,. . ;: �;:; °'' ;,�_ _ _ =R . sr � __ ��}: -�': :;,. - STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS HEARING SUBPOIIVA TO: C}fficer Jeffrey D. Parsons, St. Paui Poi'�ce Department, 100 East 11th Street, St Paui, Minnesota 55101 GREETiNGS: YOU ARE HEREBY COMMANDED to lay aside ati your business and excuses and to appear before Administrative Law Judge James Ranum of the Qffice af Administrative Hearings of the State of Minnesota, at St. Paui City Hali, Room 220, 95 West Keilogg Boulevard, in the City of St. Paui, Ramsey Gourrty, Minnesota, on the 24th day of October, 1996, at 9:30 o'clock in the forenoon, to appear as a witness in the matter of Licenses Heid bv Marv P FaSrhing d/b/a M At�tmm�tiyo fnr ri,A a Loc.�ted at 1728 SeftZy Avenue St Pau�, h�linnesota . Pursuant to the authority granteci at Minn. Stat. § 14.51, Witness, the Honorable Kevin E. Johnson, Chie Administrative Law Judge, at Minneapolis, Minnesota this Z_�ay of October, 1996. . � ��i�til (� KEVIN E. JOH S Chief Administrative Law Judge 612/341-7600 Subpoena requested by: affice of the City Attomey, Peter Pangbom, 266-8776 �`� � �� ...:�-�.,... • � • ��,.� °� �`�.:�;��: • s � � • � � ,�Yw, Ps�'' �� t � : � � a TO: Qfficer David Titus, St. Pau{ Police Department, 100 East 11th Street, St Paul, Minnesota 55101 GREE7fNG5: YOU ARE HEREBY COMMANOED to lay aside ali your business and excuses and to appear before Administrative Law Judge James Ranum of the Office of Administrative Hearings of the State of Minnesota, at S#. Paul City Ha11, Room 220, 15 West Keilogg Bouievard, in the Ciry of St. Paui, Ramsey County, Minnesota, on the 24th day of October, 1996, at 9:30 o'clock in the forenoon, to appear as a witness in the matter of Licenses Held by Marv P Fa�,ching dlbla M F A�tomotive for the Pr m�cPs Located at 1728 Selb}� v nyg, St Pa � Minnecr Pursuant to the authority granted at Minn. Stat. § 14.51, Wrtness, the tionorabie Kevin E. Johnson, Chi Administrative Law Judge, at Minneapolis, Minnesota this 7� day of Qctober, 1996. . . IN E. JOHN Q — ' c Chief Administrative Law Judge 612/341-7600 Subpoena requested by: O�ce of the Gity Attomey, Peter Pangborn, 266-8776 OFFiCE OF l'HE C[TY AT`t'OR1��EY n �� TmnolFry E. Mar� City.4drnn¢y � I_ Sw[KT YAVL � AItAR cnu orvc:ra„ 49� t'lry Ha7t IS ffesr.('sltogg Btvd. Sanit Yauf, :4limxso7a SSI Ud =-C�l:i�7f ��i �1��-"�L+Ti l DATE: October 2d, 1996 TO: Judge James Ranum cio Louise Cooper Office of Administrative Nearings NUMBER OF PAGES (including Cover page}: 3 FRQM: Peter Pangbom Paralegai St. Paui City Attorney's Q�ce 4Q0 City Hait FAX Plo.: 349-2665 FAX No.: 298-5619 If you do not receive att pages of thi5 transmissrar, ptease contacL Peter Pangbom 7a�ephone No. 26Cr8776 Trfepham: 613 ?66-ti%/0 Facrrmrle: bl: 29&5619 G':` v� G �^�, f� � � � 5 � ��! ,t 1 1 � 5 � •�� V � ,�,; �.;r; .� cr� oF ��.zrrr ratn. ?vonx Cotemv>�, ,�lmuir Ti3'd �99i6t�£n fji 3��I��L '=:t�1�d�Olikt At1J 41Ci:y� $f_t:'wF 5E6S-hL7-1:J0 OFFICE OF THE CIT'Y ATTORNEY /7 �_�� TimathyE.ilar.e.4'iry.inorncy `�l cz� oF s�rrT rAUZ, NVrnr (;uleman, 3fujn� cn;r aa�ro„ 400 Ccry lfal! IS Re>t Yv;77ogg Bh�d Sai.nt PauL :tiim�emla S>!U' Zrk:phone: 61: 2G6-3i1 � Facrimifr: b13?9S-SG19 October 4, 1996 Judg� James Ranuzzz c/� Louise Cooper Oftice of Adtninistrative Hearings 1Q� Washinb on Square, Suite 170Q Mimieapolis, Minnesota 554(�1-2138 'VIA FAX AND U.S. MAIL It�: Licenses held by Ivlazy P. Fasching dlbla M. F. Automotive for the premises located at 172$ Setby Avenue, Saint Paul Our File Number G96-44c75 Dear Judge 12anutn: Tiie purpnse of this letter is to request subpoenas pursuant t� �4innesoEa Rules, part 1400.7004 zejating to the aUove-n�entioned contzsted case hearing that is scheduled t� be heard bef�re you on Thursday, t)ctober 2�, 1496. This rzquest is rz�ade of behalf of Ms. Vizginia Palmer, the attorney assigned to titis matter. The City of St. Paul License Division will be calling these w to testify regarding the incident which s�rves as a basis £or ihe action against tha licenses of Mary P. Faschi�zg d/b(a M-F. Automoiive. In order to ensure these individuals will be in attendance to testify, the City of 5t. Fau� requ�sts from the State C�ffice of Admuustrative Hearin�s subpaenas for the foltawing individuals: 1.) Of�cer l�avid Titu.s St. 1'aul PoUce Dept. iQQ E. l ith StreeY St. Paul, Iv1N �5101 2.} Offzcer Jeffrep D. Parsons St. Paid Police Dept. 1t1� E. l Ith Sireet 5t. Pa�l, fviI�i 55101 Page 2 The hearing is scheduJed tu start at 9:30 a.m. on Thucsday, October 2�, 1996, in Raam'20, St_ Paul Citv Hail_ 15 West Keliogg Botilevard St. Paul, MN 55102. Page i ?�3 - d ��{� _.riE nl 3�� t J�C� 1.A.3N:�1_71�.H A1 I=� uiCG�� ;�t�ta : LT 95oT-t^i�t-1'_n_i i ci �,� �ylr�1 ��J�� If you need additionai izzf�rmati.on or bave azey questio�s regazding this request, please da not hesitare tn coz�tact ine at 266-877b. "f'hank you for ypur consideration in tJ�is ulatter. Sincerei}%'� /� ,/ r; . v , '�. Peter P. Pan� Paralegal 4 Pa�e 2 �FI'd 55?�E.t'Cc CIl 3JI�dt7 '�J,3hi'.i�tl,1N l.lI� blCt,�d w;f'r.'�i Br.bT-t6a-1?0 . < TRANSACTION REPORT > L RECE I VE 7 NO. DATE TIME DESTINATION 57ATION 14258 10-04 13�15 612 298 5619 ��'�� 10-04-1996<FRT1 13:16 PG. DURATION MODE RESULT 3 0°01'13" NORM.E OK 3 0°01'13" CITY OF SAINT PAUL Norm Golemm:, Mayor October 4, 1996 OFFICE OF TTIE CITY ATTORNEY Tursarhy E. Marx, Ciry Anoraey ��r�c��.��F�� l`�—�C� " Civil Division .{"�':. �� j-.'� � u r. �00 City Hall Telephorse: 612 266-87I0 `�' i �`-'' � 5 IPest Ke17a� Elvd Facsimile: 612 298-5619 -� ' Saint Pau� M"mnesom 551 D2 ii.�l.'.I.4)J 1 i 1 I � j -f'.�].'��11� ��. �.hfi�:i.jJ VIA FAX AND U.S. MAIL Judge James Ranum c!o Louise �aape: O�ce of Adminisirative Heazings 100 Washington Square, Suite 1700 Minneapolis, Minnesota 55401-2138 RE: Licenses held by Mary P. Fasching dJbJa M. F. Automotive for the premises located at 1728 Selby Avenue, Saint Paul Our File Number G96-0405 Dear Judge Ranum: The purpose of this letter is to request subpoenas pursuant to Minnesota Rules, part 1400.7000 relating to the above-mentioned contested case heazing that is scheduled to be heard before you on Thursday, October 24, 1996. This request is made of behalf of Ms. Virginia Palmer, the attorney assigned to this matter. The City of St. Paul License Division will be calling these witnesses to testify regarding the incident which serves as a basis for the action against the licenses of Mary P. Fasching d!b!a M.F. Automotive. In order to ensure these individ�?s v✓zll be in zt�aa3ar�ae ta tes��,�, the .�',ity oi St. Faul Tequests from the State Office of Administrative Hearings subpoenas for the following individuals: 1.) Officer David Titus St. Paul Police Dept. 100 E. Ilth St�eet St. Paul, MN 55101 2.) Officer Jeffrey D. Pazsons St. Paul Police Dept. 100 E. lith Street St. Paul, MN 55101 Page 2 The hearing is scheduled to start at 9:30 a.m. on Thursday, October 24, 1946, in Room 220, St. Paul City Hall, 15 West Kellogg Boulevard, St. Paul, MN 55102. Page i q'1- 1C�3 If you need additional information or have any quesrions regarding this request, please do not hesitate to contact me at 266-8776. Thank you for your consideration in this matter. Sincerel , �s� Peter P. Pang Patalegal Page 2 a� -1c�3 OFFICS OF ADMINISTRATIYS HEARII3GS FOR TSS COONCIL OF THS CITY QF SAINT PAIIL In re the Licenses of Mary P. Fasching d/bJa M.F. Automotive 1728 Selby Avenue v� � � w�t � � �ie SL � 2�� S� Ci`..Q "5.Y F � �,R'�° CITY`5 PROPOSED EXHIBITS October 24, 1996 TO: Judge James Ranum, Administrative Law Judge, office of Administrative Aearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list of the City`s proposed y s ' � a�° . exhibits for the Administrative Hearing on October 24, 1996: Exhibit No. Exh. No.�Z Exh. No. �2� Description Police Reports CN 96-121-119 (2 pp.); 6 photographs of the exterior of 1728 Selby Avenue {photos 2a through 2f); Exh. No. 3 v �,._ License information regarding Mary P. Fasching d/b/a M.F. Automotive (1 p.�; � � E�. No. 4 License "Restrictions Inquiry 5creen" regarding Mary P. Fasching djbJa NI.F. Automotive (1 p.?; Exh. No. 5 Notice of violation letter dated August 27, 1996, with Affidavit of Service t3 pp.); Exh. No. 6 Notice of Hearing letter dated September 10, 1996, with Affidavit of Service (4 pp.). �k Sxu L �� t' � q-�— lc�� Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code St. Paul Legislative Code St. Paul Legislative Code § 310.05 § 310.06 Chapter 423 Respectfully submitted this 24th day of October, 1996. �;� '� Vir ia D. Palmer Assistant City Attorney Office of The City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 . y � CIT'Y OF SAINT PAL1L Nornt Cokman Mayor August 27, 1996 Ms. Mary P. Fasching M.F. Automotive 1728 Selby Avenue Saint Paul, Minnesota 55104 RE: License held by Mary P. for the property located at License ID No.: 14762 Dear Ms. Fasching: OFFI�(�F TE� CITY ATTORNEY Tunarh�Marx Ciry Anorney q j __ \ `�1 - I C� � Civil Div'aion 400 Ciry Ha11 IS Wen Kellogg Blvd Saint PauZ M'nrnesota SS702 Telephone: 6I2 266-8710 Facsimik: 6l2 298-5619 Fasching d/bJa M.F. Automotive 1728 Selby Avenue I am in receipt of information that could lead to adverse action against your Auto Repair Garage license. The basis for the adverse action is: On Suly 24, 1996, you were in violation of condition #3 on your license (The parking lot can hold ao more than 12 cars both during aad after business hours.) Seventeen cars were observed in the lot. Additionally, a vehicle frame and oil and gas tanks were observed on the ground outside the building, in violation of condition #6 (No tools or parts will be standing outside the building.) Oa July 25, 1996, you were in violatioa of condition #5 on your license (Al1 maiatenance work wi17. be done inside _the building.) whea people were observed working on a red Pinto in the parking lot. On July 28, 1996 you were in violation of condition #5 on your license when work was being done an the red Pinto in the parking lot at 11:35 a.m., 4:00 p.m., 4:3Q p.m., 5:15 p.m. and 8:45 p.m, On July 31, 1996 you were observed blocking FIerschel Street to traffic by parking a trailer so that other vehicles could not get through. This is a violation of Saint Paul Legislative Code § 157.07(a). On August 1, 1996 you were obaerved working on a vehicle in the parking lot at 6:30 p.m. and 8:10 p.m. in violation of condition #5. � �. In Re the Licenses of Mary P. Fasching — d/b/a M.F. Automotive —, City's Exh. No. 5 . ` W � > � If you matter Council allowed letter present � �t�l -1�3 Oa August 7, 1996 at 1:30 a.m. sixteea vehicles were observed in your parking lot in violation of condition #3. Additionally, two "junked" vehicles behind the building had beea observed there for over one week, in violation of coadition #7 (All cars that are left ia long term storage - one week - will have all body parts intact and will be closed). don't dispute that the above incidents took place, this will be scheduled for hearing before the St. Paul City to determine what penalty, if any, to impose. You will be to speak on your behalf at that hearing. I will need a from you saying that you do not dispute the facts, to this matter directly to the City Council. On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Administrative Law 3udge (ALJ). You will receive a"Notice of Hearing," so you will know when and where to appear, and what the basis for the hearing will be, In either case, you should contact me within ten days from the date of this letter. If I do not hear from you, I will schedule the hearing before the AL3, and you may be held responsible for the costs of the hearing if you do not then appear and contest the facts. Please call me or have your attorney call me at 266-8710. Very truly yours, ��hl�� `uP/l Virginia D. Falmer Assistant City Attorney ec: Robert Kessler, Director, LIEP Christine Rozek, LIEP Julian Loscalzo, Exec. Director, Lexington-Hamline Council, 1160 Selby Ave., St. Pau1, MN 55104 Ed Bower, Community Organizer, Merriam Park and Hamline Community Council, 1573 Selby Ave., St. Paul, MN 55104 Community Snelling- Suite 311, . � -�� • • �� l �� STATE OF MINNESOTA ) Ss. AFFIDAVIT OF SERVICE BY MAIL COUNPY OF RAMSEY ) JOANNE G. CLEMENTS, being first duly swom, deposes and says that on August 28, 1996, she served the attached LETTER on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Ms. Mary P. Fasching M.F. Automotive 1728 Selby Avenue St. Paul, MN. 55104 (which is the last known address of said person) and depositing the same, wiCh postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 28th day of �ust,. 1996. THflYN J. McLAUGHLfN 7TARY PUBLIC - MINNESOTA RAMSEY COUNTY Page �_ Day. HSonth Date Year � 7 `iJ'l� �✓U!� ST. PAUL POLICE DEPARTMENT GENERAL REPORT ie: Squad: Team: �.�" /7� u/ .� Location of Crime Scene: 1�7��i S�2-��' � hrs.on and f�.'--� E hrs.'on�" Address: " "' .t�R ;'yL'.,�+ � `. �J`{ � � ,_ ,. _ !�lA�RATIYE :,� � �� `�rl - 1�� 'N�b '7z� L.lC �'N S �N �] Occurred Q At Q Between: / � UGu� � '� rt: � Records ❑ Crime lab Lxker _ _ [] Crima Lab � Property Room i�� `7 vh�e�� -h�, l tlQ� � f�/rD�s�v T�v�' C-�fL rr1't�€' @/ 7.� � SEL6 +� e -�u� �ll�i� c�oc1�-s va�v rf,cas , "o� Q 1� � 1 �UU(1��e� t7 Y&'ff1Gt ES ri� a2ee. -PIa-CIGir1� �o� .._ One._ w�S � lar� . -�i'�clL r,�,� '9a �u�s -�,� cZaes_.��. �.p�e�� -� �ia�l2 /zerin ✓r�*�✓�Q .�,r �sy� ��rne.- • a rrc o �e. . �,�fr eC€,�_. . _ ctpPear' -� � J ✓n ke� y �-e.�i�ri� �_�1�� _ -- ,¢ _ _-,tr��1� _�? �S�'�'t'Pr� Ca.c.� _ t/E �'r.�rrc-. �. 5� =�'1Ja� -Q� _ai�cts -�k..s l� tm �'�.. � rrrun tQ• - - - -- --- -- — — ---- - -- -- ----- - o?o<r�-s-�- - --_ _. _ _._ _------ . . - . _ - --- � -' - - �-- - �- -� - - -- - _._- • - ---_ - � .-.--.- _ . �`�S Ilv "' l�2�.pl2 �__ -l� �c�cr.��.e r.JPfG _ u �cr�tLf.i�- - on _ e� i�EJ-- --- - r%�v�v ,� . � _a rc�c�� c�- tn _ -1�. �acl.��- - L��- �.: _ ___�.__ T�j re��Q_-�. ��cr?-e� .rnr,vrr.�..�lrii�s.--� �1�Lbc�__!t?Q.c�..l_1_1_-{'�oa�a_- tr�,�'e .i1r�i-�_-- ��z� _cw✓n�-� -- �.sv �kz � ° ? ' �'�.� �c�'_�-- -s� � -h r _� _ r.ve� -� - �.v1_'�!vcu.� — ---- `S� �m �-�sc�z � s �<i- S�-3 � , - -- --- ---- �--------- -- - -- .� --- -- ---- - - -- ---___ -- — --- � '� F2 j`G3_�L�S "-- �Z�v�r.r� .�1.� .$�ur� �vu��ir�G �----- --- .�. "v��' �CO_ _ �i_ jl_ ��1�—� — �b�' UYL.. d`e�i _,1l�d�Lt�-r�--'�'- f�Gc[t`G`n°�_ -.� ��'- �CeJt;� �cV,t�� - l�. �S �-- �ev��.P_ err� -//> � �!_ -� inlel�e� �ehrcGc�, Wh cr� .h� pG��-- tU.-�_. .°1�tS_�_�.Q`fS`�I��S aficer. , � �r• • emp. no.: o:r: . �Ye ID Nom ❑ Rob ❑Juv ❑ Coord ❑ ID ❑ Lab ee am (— Burg Q Thek � Prop � CAU � FSF (] Auto (� DAO ❑ CO � � the Licenses of Mary P. Fasching dlb/a M.F. Automotive — City's Exh. No. 1 CONTINUE NARRATIVE HERE L�/i „t� / l � C,csv}4�n✓ecJ -� c,wt iG- w1 � �ed c,�l� � ��,n �t,� C�- wu�s ,✓i fY�, �pu c1G� r'.J 1�� '.��] ^!"��-s�,$�� lY`'i0c� "' c�.a.S?� H'�i S ' Ccv'vF-i�t�.� �t-o w cslt- ri✓i U�1f1 c c� �"' (",e r/� e�� ite.- . ?- 31- °Ji� - i g 3s Nn�s -- c �T�z.�.. ..,,, h..�; i, v��9 �i7 �c <-��... 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L� �,' , § 310.05 LEGSSLATIVE CODE ` � ` � � � amount as the council deems reasonable and ap- propriate, having in mind the regulatory and en- forcement pw�wses embodied in the paztieular li- censing ordinance. A fine may be in addition to or in lieu of other adverse action in the sole discre- tion of the council. Tb the extent any other provi- sion of the Legislative Code prot�des for the im- position of a�fine, both provisions shall be read together to the egtent possible; provided, howev- er, that in the case of any con$ict or inconsistency, the other provision shall be controlling. (Code 1956, § 510.05; Ord. No.17551, § 2, 419-88; Ord. No. 17559, §§ 1, 2, 5-17-86; Ord. No. 17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. No. 9446, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94; C.F. No. 941340, § 2, 10-19-94; C.F. ".�TO. 95-473, § 4, 5-31-95} Sec. 310.06. Revocation; suspensioa; adverse actions; imposition of condi• tioas. (a? Council may t¢ke adverse uction. The coun- ciI is authorized to take sdverse action, as defined in section 310.01 above, against any or all licenses or permits, licensee or applicant for a license, as provided in and by these chapters. Adverse ac- tions against entertainment licenses issued under Chapter 411 of the Legislative Cocle may be inxta- ated for the reasons set forth ia subsection (b) below, or upoa any Iawful graunds which are com- municated to the license holder in writing prior to the hearing before the council. Such actians shall be initiated and carried out in accordance with the procedures outline in section 310.05; provid- ed, however, that the formal notice of hearing shall be used to initiate the adverse action without the use of prior procedural steps. (b) Basis for action. Such adverse action may be based on one (1} or more of the following rea- sons, which aze in addition to any other reason specificaily provided by law or in these chapters: (1) The license oz permit was procured by mis- representation of material facts, fraud, de- ceit or bad faith. (23 The applicant or one (1} acting in his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application. (3) The Iicense was issued in vioIation of any of the provisions of the Zoning Code, or the premises which are licensed or which are to be licensed da not comply with apgficable healtfi, housing, fire, zoning and building codes and regulations. (4) The license or permit was issued in vioIa- tion of law, without authority, or under a material mistake of fact. (5) The licensee or applicant has failed to com- ply with any condition set forth in the li- cense, or set forth ia the resolution grant- ing or renewing the license. (6) a. The licensee or applicant (or any per- son whose conduct may by law be im- puted to the licensee or applieant) has violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordi- nance or regulation reasanably related to the licensed aetivity, regardless of whether criminal chazges have or have nat been braught in connection there- with; b. T'he licensee or applicant has been con- victed of a crime that may disqualify said applicant from holding the license in question under the standards and procedures in Minnesota Statutes Chapter 364; or c. The licensee or applicant (or any per- son whose wnduct may by law be im- puted to the liceasee or applicant) fias engaged in or permitted a pattern or practice of conduct ot'failure to comply with laws reasonably related to the li- censed activity or from which an infer- ence of lack of &tness or good chazacter may be drawn. (7) The activities of the licensee in the licensed activity created or have created a serious danger to the public health, sa£ety or wet- faze, or the licensee perfortns or has per- formed his or her work or activity in an unsafe manner. (8) The licensed business, or the way in wirich such business is operated, maintains or per- Supp. No. 30 2030 �t `� - lt�3 LICENSES mits conditions that unreasonably annoy, injure or endanger the safety, health, mor- als, comfort or repose of any considerable nuanber of inembers of the publie. f9) Failuretokeepsidewalksorpedestrianways reasonablp free of snow and ice as required under Chapter 114 of the Saint Paul Leg- islative Gode. (10) The licensee or applicant has shown by past misconduct or unfair acts or dealings: phys- ical abuse, assaults or violent actions done to others, including, but not limited to, ac- tions meeting the definition of criminal sex- ual conduct pursuant to Minnesota Stat- utes Sections 6Q9.342 through 6Q9.3451; sesual abuse, physical airuse or maltreat- ment of a chitd as defined in Minnesota Stat- utes Section 626.556, subdivisions 2 and 10e, including, but not limited to, acts which con- stitute a violetion of Minnesota Statutes Sec- tions 609.Q2, subdivision 10; 609.321 through 609.3451; or 617.245; neglect or en- dangerment of a child as deSned in Minne- sota Statutes Section 626.557, subdivision 2; the manuf'actuze, distribution, sale, gift, delivery, traasportation, exchange or baz- ter of a controlled substance as deSned in Minnesota Statutes Chapter 152; the gos- session of a controIIed substance as defined in Minnesota Statutes Chapter 152 in such quantities or under circumstances giving rise to a reasonable inference that the pos- session was for the purpose of sale or dis- tribution to athers; or by the abuse of alco- hol or other drugs, that such licensee or applicant is not a person of the good moxal chazacter or &taess required to engage in a licensed activity, business or profession. (11} T'he licensee or applicant has materially changed or pertnitted a matersal change in the design, construction or configuration of the 19censed premises without the prior ap- proval ofthe city council in the case of Class III licenses, the director in the case of Class II licenses, and the inspector in the case of Class I licenses, or without first having ob- tained the proper building permits from the city. Supp. No. 30 2031 § 310.06 (12) The licensee or applieant has violated sec- tion 294.Oi of the Legislative Code, or has made or attempted to make a prohibited eg parte contact with a council member as pro- vided in section 310.05(c-2) of the Legisla- tive Code. The terms "licensee" or "applicant" for the pur- pose of this section shatl mean and include any person who has any interest, whether as a hoider of more than five (5) percent of the stock of a cor- poration, as a partner, or otherwise, in the prem- ises or in the business or activity which are li- censed or proposed to be licensed. With respect to any license for activities entitled ta the protection of the FirstAmendment, notwith- standing the foregoing provisions, neither the iack of good morai chazacter or fitness of the licensee or applicant nor the content of the protected speech or matter shatl be the basis for adverse action against the license or application. (c) Imposition of reasonable conditions ¢ndlor restrictivns. When a reasonable basis is found to impose reasonab3e conditions andlor restrictions upon a lieense issued or held under these chap- ters, any one (1) or more such reasonabTe condi- tions andlor restrictions may be imposed upon such Iicense for the puzpose of promoting public health, safety and welfare, of advancing the public peace and the elimination of conditions or aetions that constitute a nuisance or a detriment to the peace- ful ex�joyment of urban Hfe, or promoting security and safety in nearby neighborhoods. Such reason- able conditions andfor restrictions may include or pertain to, but are not limited to: (1) A limitation on the hours of operation of the lacensed business or establishment, or on pazticular types of activities conductQd in or on said business or establishment; (2) Alimitation or restrictiott as to the location within the licensed business or establish- ment whose (sicj particular type of activi- ties may be conducted; (3) A timitation as to the means of ingress or egress from the licensed establishment or its parking lot or immediately adjacent area; (4) A requirement to provide off-street parking in excess of other requirements of law; �'1 - L � 3 § 310.D6 LEGISLATIVE CODE (5) A limitation on the manner and means of advertising the operation or merchandise of the licensed establishment; (6) Any other reasonable condition or restric- tion limiting the operation of the licensed business or establishment to ensure that the business or establishment will harmo- nize with the chazacter of the area in which it is located, or to prevent the development or continuation of a nuisance. The inspector may impose such conditions on Class I licenses with the consent of the license hoIder, or may recommend the imposition of sucfi conditions as an adverse action against the license or licens- es; the inspector has the same power with respect to Class II licenses. The covncil may impose such conditions on Class III licenses with the consent of the license holder, or upon any class of license as an adverse action against the license or licens- es following notice and hearing as may be re- quired. Such conditions may be imposed on a li- cense or licenses upon issuance or renewal thereof, or upon and as part of any adverse action against a license or licenses, including suspension. Con- ditions imposed on a license or licenses shall re- main on such licenses when renewed and shall continue thereafter until removed by the council in the case of conditions on Class III licenses or conditions nnposed by adverse action, and by the inspector in the case of Class I and II licenses. (dJ Stand¢rds for multiple license determin¢- tion. In any case in which the council is autho- rized to take adverse action against less than all of the licenses held by a licensee, or applied for by an applicant, the following standards may be used: (1) The nature and gravity of the grounds found by the council to exist upon which the ad- verse action would be based; (2) The policp and/or regulatory goals for the particulaz licenses involved, either as em- bodied in the Legislative Code or as found and determined by the council; (3) The interrelationship of the licenses and their relative unportance to the overall busi- ness enterprise of the licensee or applicant; (4? The management practices of the licensee or applicant with respect to each of such licenses; (5) The e�ctent to wluch adverse action against less than all of the licenses or applications would result in di�culty in enforeing and monitoruxg the adverse action taken; (6) The hardslup to the licensee or applicant that would be caused by applying adverse action to all licenses or applications; and (�? T`he hardship andtor danger to the public, or to the public health and welfare, that wauld result from adverse action against less than all of the licenses or applications. tCode 1956, § 510.Q6; Ord. No. 17584, § 1, &25-85; Ord. No. 17657, § 15, 6-8-89; Ord. No. 17659, § 2, &-13-89; Ord. No. 17901, §§ 2, 3, 1-14-92; Ord. No. 17917, §§ 2, 3, 3-31-92; Ord. No. 17922, § 1, 4-28- 92; C.F. No. 94500, § 3, 7-6-94; C.F. No. 941340, § 3, 10-19-94; C.F. No. 95-473, § 5, 5-31-95) Sec. 310.07. Termination of licenses; surety bonds; insurance contracts. (a) Autom¢tic termin¢tion, reinsttttement; re- sponsibilityoflicensee. Alllicensesorpermitswhich must, by the provisions of these chapters or other ordinances or laws, be accompanied by the filing and maintenance of insuranee poficies, deposits, guarantees, bonds or certifications shall automat- ically terminate on cancellatian or withdrawal of said policies, deposits, bonds or certifications. No licensee may continue to operate or perform the licensed activity after such termination. The lic- ensee is liable and responsible for the filing and maintenance of such policies, deposits, guaran- tees, bonds or certifications as aze required in these chapters, and shall not be entitled to assert the acts or omissaons of agents, brokers, employees, attorneys or any other persons as a defense or justification for failure to comply with such filing and maintenance requirements. In the event the 2icensee reinstates and ffies such pol9cies, depos- its, bonds or certifications within tlurty (30) days, the license is autamatically reinstated on the same terms and conditions, and for the same period as originally issued. After thirty (36) days, the appli- cant must reappiy for a renewal of his license as though it were an original application. (b) Bonds ¢nd insurance requirements: (1) Surety Companies: All surety bonds run- ning to the City of Saint Paul shall be writ- Supp. No. 30 203$ �t �t - l � � § 422.OA LEGISLATSVE CODE highway or through highway or which abufis residential buildings, residentisl property or property whose use district elassification is anything other than I-1, 1-2 and I-3 In- dustriai District, except that the council may waive the requirement for such fence or wall or reduce the height of the same where a plan approved by the bixilding officiai pro- viding for a tree planting and landscaping program is carried out which will effective- ly screen the premises from public view. (2Q) No licensee shall receive any material for use in the licensed business from any per- son under the age of eighteen t18) years without the cvritten consent of the parent or guardian of such person, which shail be kept on file hy the licensee for at least one (1) year. (11) Licensees shall be subject to reasonable in- spection at reasonable tiznes 6y proper city officials as in the case of other licensed busi- nesses. 5ec, 422.05. License not transferable. Licenses issued hereunder shall not be trans- ferable. Sec. 422.Q6. RenewaF, revocation and sus- pension. (a) Any person to whom an initial license has been issued hereunder may obtain renewal there- of by filing an appiication with the insgector in- dicating any changes in the material submitted with the initial application. The inspector shall circularize the application to those officials who review initial applications and the license shall be granted of course by the council unless, in its judg- ment, reports from city agencies or from the pub- lic demand a formal hearing be heid. Any appli- cation hereunder from a person holding a license under Ckapter 408, as of the effective date of this chapter, with respect to an e�sting premises, shall be treated as a renewal provided the licensee agrees to abide by the terms of this chapter within ninety (90) days, but no initial licenses shall be granted hereunder for other premises except in I-Z, I-2 and I-3 Industrial Districts. (b) The council may revoke, suspend or refuse to renew the license of any person hereunder for any violation of this or any other ordinance of the city, or of any statute or regulation of the State of Minnesota or agency thereof. Chapter 423. Automobile Repair C:arage aad Body Shop* Sec. 423.01. License required. (a) Automobile rep¢ir garage. No person shall maintain or operate an automobile or motor vehi- cle repair gazage in Saint Paul without a license. This does not apply where the work performed is done by a gasoline filiing station licensed under Chapter 424 and consists of the usual serviciug of motor vehicles ordinarily performed at such sta- tions, such as the sale and installation of frost skuelds, radiator hoses, spark pings, batteries and battery cables, brake fluid, oil filters, fuses, fan belts, light bulbs and windshield wipers, or such serviee as draining radiators; provided, however, that if such gasoline filling stations engage in the business of repairing mechanical parts of motor vehicles, a license as provided herein shall be re- quired. (b) Body shop. No person shall maintain or op- erate an automobile body repair or automobile body painting shop, whether alone or in conjunction with another business activity, in Saint Paul with- out a license. (C.F. No. 941562, § 1, 11-16-94) Sec. 423.02. Fee. (a) Automobile repair garage. The fee required for an automobile repair garage, which is one in which motor vehicles are repaired, shall be estab- Iished by ordinance as speeified in section 310A9(b). •Editor's note—The license under this chapter, former�y codified as Ch. 315, derived from Code 1956, §§ 345.01— 345.03, as ameaded by Ord. No. 16883, adopted Feb. ll, 1982, and was reclassiSed fzom Class I to Class III licease by Ord. No. 17207, adopted Jan. 31, 1985, and zecodified as Ch. 423. Cross references—MoWr vehide and parts dealen, Ch. 401; junkyards and junk dealers, Ch. 408; motor vehicle sai- vage dealer, Ch. 422. Supp. No. 28 2220 �-�-t�� LICEI.BES (b) Body shop. The fee required for an automo- bile body regair shop ar an autamobile body paint- ing shop, which is a shop in the husiness of mak- ing major or substantial repairs to the shell or body of an automobile, and of major or substantial painting or repainting of the shell or body, shaIl be established by ordinance as specified in section 310.03(b). - (C.F. No. 941562, § 2, 11-16-94) Crass reference—Annual iacreases in license fees, § 310.16. Sec. 423.Q3. Business hours. Where a reasonable basis is found by the coun- cil to e�dst and to protect the adjacent groperty and the public peace, health and safetp, the coun- cil, upon issuing a new license or renewing a ti- cense, may impose as a condition on the license a limitation as to the hours when the husiness may remain open. Chapter 424. Gasoline Fi3iing Stations• Sec. 424.01. License required; de&nition. (a} No persan shall engage in the business of keeping, maintaining or operating anp gasoline filling station in Saint Paul without a license. (b) A"gasoline filling station" means and in- cludes any place, building, pump or device main- tained and used on private premises or upon any public place for the main purpose of selliag or dispensing gasoline, oil or any automotive fuel for use in motor vehicles of any kind. Sec. 424.02. Fee. T'he fee required, where the gasoline fi119ng sta- tion is located wholty on private property, is as follows: for each station having three (3) pumps or fewer, fifty-three dollars ($53.00); and for each sta- 'Editor's note—The license under this chapte; formerly codified as Ch. 335, derived fmm Code 195&, §§ 351.Q7, 351.a2, 351.04--351.07, 389.02, as amended by Ord. No.16S83, adopb ed Feb. 11, 1982, and was reciassified from Class I to Class III license by Ord. No. 17208, adopted Jan. 31, 1985, and recod- i5ed as Ch. 424. Cross refereaces--Fue3 dealers in liquid fuel, Ch. 332; private fuet pumps, Ch. 336. Supp. No. 30 2221 § 424.06 tion having four (4) pumps or more, fifty-three dollars ($53.00) plus eleven doIlars ($11.00) for each pump in eacess of three (3}. Cross refernncc Anava] increases in license fees, § 310.1&. See. 424.03. Permi� It shall be vnlawfiil for any person, firm or cor poration to install, operate or maintain any curb pump or other gasoline dispensing device oa any public street, alley or other public progerty within the City of Saint Paul; provided, that the council by ordinance may grant a temporary permit, re- vocable at the pleasure of the council, for tha in- stallation, maintenance and operation of such fa- cilities in any public highway and without the portion thereof designed for vehicular traffic, ex- cept ia a district classified as residential by �irtue of the zoning code, when such facilities shall be installed, maintained and operated exclusively for the suppIying of gasoline not for public sale, but for private use in and upon the abutting premises; provided, that there be compliance with Chapter 336. Se c. 424.04. Inspecti on. It shall be the duty of such members of the dr partment of fire and safety services as the direc- tor thereof may detail for such duties to inspect all such filling stations at various and reasonable times for the purpose of ascertaining whether the provisions of all ordinances and Iaws_ pertaining to precaution against damage from fire have been complied with in the construction, operation and maintenance of said filling statioas, aud to en- force the same. Such in �ection may also be made at any reasonable time for the purpose of ascer- taining whether construction, remodeling or re- pairs have been accomplished in accord with plans or specifications required to be frled with the city. Sec. 424.05. 2Yansfer. Licenses shaii not be transferable. (C.E No. 95-474, § 1, 5-31-953 Sec. 424.06. Business hours. Where a reasonable basis is found by the coun- cil to exist and to protect the adjacent property and the public peace, health and safety, the coun- �t,`1- l �� .� (b) Ctass IZ licerzses. Where an application for the gtant, issuance or renewal of a Class II license meets all tfie requirements of law, and there exists no ground for denial, revocation or suspen- sion of, or the imposition of conditions upon, such 2icense, the director shall grant, issue or renew said licensein accordance'with the application. (c) Class I and Class II licenses, if denied by directar. in the event the director, in the case of both Ciass I and Class II licenses, determines that the application for grant, issuance or re- newal of the license does not meet all the require- meats of law' or that there exist grounds for denial, revocation, suspension or other adverse action against the license or the licensee, the dSrector shall recommend denial of the applica- tion and follow the procedures for notice and hearing as set forth in section 310.05. (d3 Class III Zfcenses. (1) Grant, issuance or transfer. Upon receipt of a fully cAmpieted agplication and required fees for a Class III license, and after the investigation required, the director shall notify the eonncil. A public hearing shall be held on the grant or issuance of alI Class III licenses. In any case where the director recommends denial of the grant, issuance or renewal of a Class III iicense, or where the counril believes that there is evidence which might result in action adverse to the original or renewal application, the direc- tor on his or her own initiative, or at the direction of the council, shall follow the procedures for notice and hearing as set forth in section 310.05. Where the applica- tion far the grant, issuance or renewal of a Class III license meets aII the require- ments of taw, and where there ea no ground for adverse action, the eouncil shall by resolution direct that the director issue such license in accordance with law. t2) Rerxewat. The director shall ia writing na tify the council, and the affecfed neighbor- hood organization(s7 established for citizen participation purposes, at least sixty (60) days before the expiration date of all Class III licenses. A public hearing on the re- newal o£ any such license shail not be held Supp. No. 83 LICENSES § 310.05 e�cept on the request of a counciimember, which request shall be incorporated in the fozm of a council resolution. Upoa the pas- sage of such resolution, the director shall give written notice of such hearing to the affected neighborhood urganizations. Such public hearing does not re�'ace or amend any of the procedures set forth in section 310.05 of the Legislative Code. if no re- quest for a public hearing is made before the expiration of any such license, and where there exists no ground for adverse action, the director shall issue the license in accordance with law. (e) Appeat; Cldss 1 or Class 77 Zicenses. An appeal to the city council may be taken by any person aggrieved by the grant, issuance' oi re- newal of a Class I or Class II license•, provided, however, that the appeal shall have been filed with the city clerk within thirty t30) days after the action hy the director. The only grounds for agpeal shall be that there has been an enor of law in the �ant, issuance or renewal of the license. The appeal shall be in writing and shall set forth in particular the alleged enors of law. The council shall conduct a hearing on the appeal within thirty (3Q) days of the date of filing and shall notify the licensee and the appellant at least ten (16) days prior to the hearing date. The prcee- dures set forth in section 310.05, insofar as is practicable, shall apply to this hearing. Following the hearing, the council may affirm or remand the matter to the inspectAr or director, or may reverse or place conditions upon f,he license based on the council's determination that the deeision was based on an error of iaw. The filing af an appeal shall not stap the issuance of the license. (fl No waiver by renewal. The renewat of any license, whether Class I, II or III, shall not be deemed to be a waiver of any past violations or of any gounds for impositSon of adverse aetion against such license. (Code 1956, § 510.04; Ord. No.17455, § 1, 5-21-87; Ord. No. i7551, § 1, 419-88; C.E No. 94500, § 1, 7-6-84; G.F. No. 95-473, § 3, 5-31-95; C.F. No. 95-1517, 1-31-96? Sec. 310.05. Hearing procedures. (a) Adverse actr:on; notice arzd hearing require- ments. In any case where the c�uacil may or 2027 ��- l�� § 310.05 LEGLSLATIVE CODE intends to consider any adverse action, including the revocation or suspension of a license, the imposition of conditions upon a license, or the denial of an application for the grant, issuance or renewal of a license, or the disapproval of a license issued by the State of Minnesota, the appficant :,r licensee shail be given natice and an opportunity to be heazd as provided herein_ The counca`1 may consider such adverse actions when recommended by the inspector, by the director, by the director of any executive department estab- lished pursuant to Chapter 9 of the Charter, by the city attorney or on its own initiative. (b) Notice. In each such case where adverse action is or wiil be considered by the council, the applicant or licensee shall have been notified in writing that adverse action may be taken against the license or application, and that he or she is entitled to a hearing before action is taken by the council. The notice shall be served or mailed a reasonable time before the hearing date, and shall state the place, date and time of the hearing. The notice shall state the issues involved or gzounds upon wtuch the adverse action may be saught or based. The council may request that such written notice be prepared and served or mailed by the inspector or by the city attomey. (c) He¢ring. Where there is no rlispute as to the facts underlying the violation oz as to the facts establishing mitigating or aggravating circum- stances, the hearing shall be held before the couneil. Othercvise the hearing shall be conducted before a hearing examiner appointed hy the coun- cil or retained by cotttract with the city for that purpose. The applicant or the licensee shall be provided an opportunity to present evidence and aro �ment as well as meet adverse tzstimony or evidence by reasonable cross-esaznination and rebuttat evidence. The hearing examiner may in its discretion permit other interested persons the opportunity to present testimony or evidence or othercvise participate in sueh hearing. (c-1) Procedure; he¢ring examiner. The hearing egaminer shatl hear all evidence as may be pre- sented on behalf of the city and the applicant oz licensee, and shall gresent to the council written findings of fact and conclusions of law, together with a recommendation for adverse action. The council shall consider the evidence con- tained in the record, tize hearing esaminer's rec- ommended findings of fact and conclusions, and shall not consider any factual testimony not pre- viously submitted to and considered by the hear- ing examiner. After receipt of the hearing egaminer's findings, conclusions, and recommen- dations, the couucil shall pravide the applicant or licensee an opportunity to present oral or written azguments alleging error on the part of the exam- iner in the application of the law or interpzetation of the facts, and to present argument related to the recommended adverse action. Upon conclu- sion of that heariug, and after considering the record, the examiner's findings and recommenda- tions, together with such additional arguments presented at the hearing, the counciT shall deter- mine what, if any, adverse action shall be taken, which action shall be by resolution. The council may accept, reject or modify the findings, conclu- sions and recommendations of the hearing exam- iner. (c-2) Ex parte contacts. If a license matter has been scheduled for an adverse hearing, council members shall not discuss the license matter with each other or with any of the parties or interested persons involved in the matter unless such dis- cussion occurs on the record during the hearings of the matter or during the council's final deiiber- ations of the matter. No interested person shall, with lmowledge that a license matter has been scheduled for adverse hearing, convey or attempt to canvey, orally or in writing, any information, argument or opinion about the matter, or any issue in the matter, to a council member or his or her staf£ until the council has taken final action on the matter; provided, however, that nothing herein shall prevent an inquiry or communica- tions regarding status, scheduling or procedures concerning a license matter. An interested person, for the purpose of this paragtaph, shall mean and include a person who is an officer or employee of the licensee which is the subject of the scheduled adverse hearing, or a person who has a financial interest in such licensae. (d) Licensee or applicant may be represented. The licensee or applicant may represent himself or choose to be represented by anothen Supp. No. 33 2028 �(�- �G3 ,� t LICEA*SES te? Necord; eaidence. The hearing examiner shall receive and keep a record of such proceedings, including testimony and eghibits, and shall re- ceive and give weight to evidence, inciuding heaz- say evidence, which possesses probative value com- monly accepted by reasonable and prudent persons in the conduct of their affairs. (� Councit actiorz, resolutiorz to contairc find- ings. Where the council takes adverse action wSth respect to a license, licensee or applicant for a license, the resolution by which such action is tak- ea shall contain its findings and determination, including the imposition oF conditions, if any. The council may adopt all or part of the findings, con- clnsions and recommendations of the hearing ex- aminer, and incorporate the same in its zesolution talang the adverse action. (g) Elddition¢I proceduns where requirnd. 4Vhere the provisions of any statute or ordinance require additional notice or hearing procedures, such pro- visions shalI be complied with and shall super- sede inconsistent pmvisions of these chapters. This s&aIl include, without limitation by reason of this specific reference, Minnesota Statutes, Chapter 364 and Minnesota Statutes, Section 340A415. (h) Discretion to hear rzotwithstandirzg mith- draw¢Z or surrender of appZication or Zicense. The council may, at its discretion, conduct a hearing or direct that a hearing be held regarding revocat5on or denial of a license, notwithstanding that the applicant or licensee has attempted or purported to withdraw or surrender said license or applica- tion, if the attempted withdrawal or surrender took piace after the applicant or 2icensee had been notified of the hearing and potential adverse ac- tion. ti? Corztirzuances. Where a hearing for the pur- pose of considering revocation or suspension of a license or other discipIinary action involving a li- cense has been scheduled before the council, a continuation of the hearing may be granted by the council president or by the council at the request of the licensee, license app2icant, an interested person or an attorney representing the foregaing, upon a shovring of good cause by the party making the request. Supp. No. 30 2029 § 310.05 (j} If'the counciI Smposes an adverse action as defined in section 310.01 above, a generic notice of such action shall be prepazed bq the license in- spector and posted by the licensee so as to be vis- ible to the public during the effective period of the adverse action. The licensee shall be responsible for taidng reasonable steps to m2ke sure the na tiee remains posted on the front door of the li- censed premises, and failure to take such reason- able precautions may be grounds for further adverse action. (k) Imposition of costs. The council may impose upon any licensee or license applicant some or all of the costs of a contested hearing before an inde- pendent hearing examiner. The costs of a contest- ed hearing include, but are not limited to, the cost of the administrative law judge or independent hearing examiner, stenographic and recording costs, copying costs, city sta$' and attomey time for which adequate records have been kept, rental of rooms and equipment necessary for the heaz- ing, and the cost of e�cpert witnesses. The council may impose all or gart of such costs in any given case if (i1 the position, claim or defense of the licensee or applicant was frivolous, azbitrary or capricious, made in bad faith, or made for the pur- pose of delay or harassment; {ii) tlxe nature of the vioiation was serious, or involved violence or the threat of violence by the licensee or emplayees thereof, or involved the sale of drugs by the lic- easee or employees thereof, and/or the circum- stances under which the violation oceuired were aggravated aad serious; (iii) the violation created a serious danger to the public health, safety or welfaze; (iv) the violation involved unreasonable risk of harm to vuinerable persans, or to persons for whose safety the licensee or applicant is or was responsibie; (v? the apglicant or liceasee was sufficiently in control of the situation and there- fore could have reasonahly avoided the violation, such as but not limited to, the nonpayatent of a required fee or the failure tA renew required in- surance policies; (vi) the violation is covered by the matrix in section 4Q926 of the Legislative Code; or (vii) the ��ioIation involved the sale of cigarettes to a minor. (1) Imposition of fcnes. The council may impose a&ne upon any licensee or license appiicant as an adverse license action. A fine may �e in such § 310.05 ��-f�� LEGISL.9TIVE CODE amount as the council deems reasonable and ap- propriate, having in mind the regulatory and en- forcement gurposes embodied in the particular li- censing ordinance. A fine may be 9n addition to ar in lieu of other adverse action in the sole discre- tion of the wuncil. 7b the extent any other provi- sion of the Legislative Code provides far the im- position of a fine, both provisions shall be read tagether to the extent possible; provided, howev- er, that in the case of any conflict or inconsistency, the other provision shall be conttolling. tCode 1956, § 510.05; Ord. No.17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88; OrtL No. 17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-14-92; C.F. No. 94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94; C.F. No. 941340, § 2, 10-19-94; C.F. No. 95-473, § 4, 5-31-95) Sec. 310.06. Revceation; suspension; adverse actions; imposition of condi- tions. (a) Council m¢y take aduerse ¢ction. The coun- cil is authorized to take adverse action, as defined in section 310.01 above, against any or all licenses or permits, licensee or applicant for a license, as provided in and by these chapters. Adverse ac- tions against entertainment licenses issued under Chapter 411 of the Legislative Code may be initi- ated for the reasons set forth in subsection (b) be2ow, or upon any lawful grounds which aze com- municated to the license holder in writing prior to the hearing before the council. Such actions shall be initiated and carried out in accordance with the procedures outline in section 31Q.05; provid- ed, however, that the formal notice of hearing shall be used to initiate the adverse action without the use of prior procedural steps. (b) Basis for ¢etion. Such adverse action may be based on one (1) or more of the following rea- sons, which are in addition tA any other reason specifically provided by law or in these chapters: (1) The license or permit was procured by mis- representation of material facts, fraud, de- ceit or bad faith. (2) The applicant or one (1) acting in his or her behalf made oral or written misstatements or misrepresentations of materiaI facts in or accompanying the application. Supp. No. 30 2030 (3} �e license was issued in violation of any of the provisions of the Zoning Code, or the premises which aze licensed or which are to be licensed do not comply with applicable health, hausing, fire, zoning and building codes and regulations. (4) The license or permit was issued in viola- tion of law, without authority, or under a material mistake of fact. (5) The licensee or applicant has failed to com- ply with any condition set forth in the li- cense, or set forth in the resolution gran� ing or renewing the license. (6) a. The licensee or applicant (or any per- son whose conduct may by law be im- puted to the licensee or applicant) has violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordi- nance or regulation reasonably related to the licensed activity, regardless of whether criminal charges have or have not been broe�ght in connection there- with; b. The licensee or applicant has been con- victed of a crime that may disqualify said applicant from holding the license in question under the standazds and procedures in Minnesota Statutes Chapter 364; or c. The licensee or applicant (or any per- son whose conduct may by law be im- guted to the licensee or applicant) has engaged in or permitted a pattern or practice of conduet of failure to compiy with laws reasonably related to the li- censed activity or from which an infer- ence of lack of fitness or good character may be drawn. (7) The activities of the licensee in the licensed activity created or have created a serious danger to the public health, safety or wel- fate, or the licensee performs or has per- formed his or her work or activity in an unsafe manner. (8? The licensed business, or the way in which such business is operated, maintains or per- � �� - �� Lic ID .................•- STAT ..................... Business Name............ Address .................. Zip ..........•••........_ Doing Business As..._.... License Name ............. Exp Date ................. Insurance Carrier........ Ins_ Policy Number....... Insurance Effective Date. Ins. E�iration Date..... NOTE AREA ................ 14762 RS FASCHING, MARY P 1728 SELBY AVE 55104 M.F. AUTOMOTIVE AUTO REPAIR GARAGE 12J16f96 INSP CHANGE FROM 02 TO O1 ON 4/09j92 12002 021188 PH ON AFPN FOR GENERAL REPAIR GARAGE LICENS E APP'D W/CONDITIONS C.F. 88-209 checked 10/28J94 in compliance at time of insp.however,this busines s requires frequent monitoring.R JENTS 10/30J95 CONTACTED MARY F.AND DICUSSED EACH INDIVI DUAL RESTI2ICTION.IT APPEARS THAT THE RESTRICTION T HAT STATES THAT ALL CARS THAT ARE LEFT IN LONG TER Press <RETURN> to continue... Alt-2 FQR IiELP° VT102 ° FDX ° 9600 S71 ° LOG CLOSSD ° PRINT OFF ° TaxId ................... Worker Comp Exp Date..... Telephone ................ M STORAGE WILL HAVE ALL BODY PARTS INTACT.I BROUGH T TO MARY'S ATTENTION THAT THEY WERE IN VIOLATION OF TFiIS RESTR.AND SHOWED HER A GMC TRUCK 612-HRSWf Q A FRONT CLIP,SHE SAID THAT SOMEONE LEFT IT THERE I ASKED HER WHO,SHE STATED SHE DID NOT KNOW.I TOLD HER TO REMOVE AS SOON AS POSS.SHE PROMISED TO COM PLY.THIS BUS.REQUIRES MUCH MONITORING.WILL KEEP AI3 EYE ONTHIS,HOWEVER MARY THINKS SHE IS BEING FiARRAS 3985334 646-Q032 Press 'C' to continue, 'P' to print, or 'R' to redisplay... lt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° � . In Re the Licenses of Mary P. Fasching — d/b/a M.F. Automotive — City's Exh. No. 3 Date: Aug 9 DBA:M.F. AUTOMOTIVE RESTRICTIONS INQUIRY SCREEN LICENSE ID: 14762 ��_lt�� R��.��`� ° � AUG 27 1996 NOTE: 1:021188 PH ON APPN FOR GENERAI, REPAIR GARAGE LICENS 2:E APP'D WITH CONDITIONS AS FOLLOWS C.F. 88-209 ��ZY 3:1. NO ON STREET REPAIR. 4:2. THfi THREE OFF-STREET PARKING SPOTS ON fiHE SITE 5: OF THE BLTSINESS NEXT TO HERSCHEL STREET WILL BE U 6: SED BY CtSSTOMERS AISD EASPLOYEES . 7:3. THE PARKING LOT CAN HOLD NO MORE THAN 12 CARS S:BOTH DiTRING AI3D AFTER BUSINESS HOURS. 9:4. NO CARS BE LEFT IN THE PARRING LOT ON A 3ACK 0 10:R LIFT. 11:5. ALL MAINTENANCE WORK WILL BE DONE II3SIDE THE B 12 : UII�DIIdG. 13:6. NO TOOLS OR PARTS WILL BE STANDING 013'PSIDE THE 14: BUILDING. 15:7. AL,L CARS 7'HAT ARE LEFT IN LONG TERM STbRAGF. (1 230TE:16: WEEX) WILL HAVE ALL BODY PARTS INTACT AND WILL BE 17: CLpSED. 18:8. IF OVER THREE VERIFIABLE COMPI,AINTS ARE RECEIV 19:ED WITHIN SIX MONTHS, THE COUNCIL WOULD CONSIDER T 20:HAT CAUSE FOR REVOCATION. 21- aa: 23• 24: 25: 26: 27• 28- 29: 30: A��Y . �, In Re the Licenses of Mary P. Fasching ; —' d!b!a M.F. Automotive — Ciry's E�. No. 4 ;. OFFICE OF TF� CITY ATTORNEY TvnoJhy & Mars, Ciry A#orney �� t CITY OF SAINT PAUL Narnr Colemmr, Mayor September 10, 1996 � � '--. � , �;';`� � Civil Divirion C5 ��.� 400 City Ha11 � 2 �� ! i° 1 c'�, saw P� 11 .+� o� ssroz EP { ;U ( L 'Iiit t �S t; � l i i+i 17�fi!"�ii7�\ xC NOTICE OF HEARING Ms. Mary P. Fasching M.F. Automotive 1728 Selby Avenue Saint Paul, Minnesota 551�4 Telephane: 612 266-8710 Facsarsile: 672 298-5619 RE: All licenses held by Masy P. Fasching d/b/a M.F. Automotive for the premises located at 1728 Selby Avenue, St. Paul Our File Number: G96-0405 Dear Ms. Fasching: Please take notice that a hearing will be held at the fallowing time, date and place concerning all licenses for the premises stated above: Date: Thursday October 24, 1996 Time: 9:30 a.m. Place: Room 220,-Coaference Rm B Board of County Commissioners St. Paul City Hall 15 W. Rellogg Blvd. Saint Paul, NaT. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: James Ranum Fifth Street Towers, Suite 1960 150 South Sth Street Mianeapolis, 2�T. 55402 Telephone: 333-7579 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adyerse action may include revocation, suspension, fines and other penalties or conditions. -� ��— lc�� Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows: �,a �� .� EY�,,- � lo � 4 �, � � �3 On JulY 24, 1996, you were in violation of condition #3 oa your license (The parking lot can hold no more tizan 12 � cars both duriag and after busiaess hours.? Sev_r*+*>�n � cars were observed in the lot. Additionally �a vehicle �e axcd.oil and gas tanks were observed on t3 ground outsi�e the building, in violation of condition #6 (No tools or parts will be standing outside the building.) d On Julv 25�1996, you were in violation of coaditioa #5 oa your license (All maintenance work will be done inside the building.) when peo�le were observ�d workinq on a red Piate in *_he parkiag lot. �j Oa Suly 28, 1995 you were in violation of condition #5 on your icease w ea work was being done on the red Pinto in the varkina lot at 11:35 a.m., . v.m., 4:30 n.m.._5:15 t '_.. �� W o.., �ti�� pn Jul 31 §� were observed blocking Herschel reet tr� traffic `1�y.� arking a trailer so tha�ther vehicles could not get through. This is a violation of Sai au egi e o e 157.07(a). � On August 1, 19 ou were observed working on a vehic e i� king lot at 6:3 aad 8:10 p.m. in vio aEion o condition #5. � On Auguat 7, 1496 at 1:30 a.m. sixteea vehicles were �bsex�re3> in � parking lot ia violatioa of condition #3. Additionally, two "junked" vehicles behind the � ilding had be�n observed th�ere for over oae week, ia violation ot condition #7 (All cars that are left in long �� term storage - oae week - will have all body parts intact and wi11 be elosed). You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with af Minnesota Statutes sections 14.57 to 14.62 and procedures under section 310.05 of the Saint Paul as may be applicable. the requirements such parts of the Legislative Code At the hearing, the Administrative Law Judge will have all parties Notice of Hearing - Page 2 i� ° L (1 - �� identify themselves for the record. The City wi11 then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Con�lusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you wi13 or may need to supgort ycur positior,. Subpoeras may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Very truly yours, �� Virginia D. Palmer Of£ice of the City ?�ttorney cc: Nancy Thomas, Office of Administrative Hearings 100 Washington Square, Suite 1700, Mpls., MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP � Christine Rozek, LIEP Sulian Loscalzo, Exec. Director, Lexington-Hamline Community Council, 1160 Selby Ave., St. Paul, MN 55104 Ed Bower, Community Organizer, Merriam Park and Snelling- Hamline Community Council, 1573 Selby Ave., Suite 311, St. Paul, MN 55104 Notice of Hearing - Page 3 c ��-(�� Parking Marking "WE PUT GARS IN LINE" EXPERTS IN TRAFFIC CONTROL 1729 SELBY AVENOE SAINT PAUL� MINNESOTA S5iO4 BOB RtTTER JACK HANSEN October 23, 1996 TO WHOM IT MAY CONCERN: We understand that a complaint has been filed against Mary Fasching and her automobile repair business at 1728 Selby Avenue. PfiONE: 690-4340 Parking Marking, Inc. has been located at 1729 Selby Avenue for the past 15 years, and we have had no prob- lems conducting our business due to their parking of cars on the street, PARKING MARKING, INC. �� ohn R. Hansen ��ice President JRH:rch 1CeS�e��'�� f # a � FREEESTIMATES• GUARANTEEDVJORK WHEELER HARDWARE CO. OFFICES AT: P.O. BOX 4305 V24 SELBY AYENUE ST. PAUL, MINNESOTA 55704 Phone:645-4501 Area:672 Fax: 645-9943 October 23, 1996 To whom it may concern: We understand that a complaint tias been filed against the business lacated at 1728 Selby Ave. �,� .1� � DOOR and fRAME SHOP 3650 NORTH KENT STREET 5T. PAUL, MINNESOTA 55726 Phone: 4849607 Faz: d84-9460 This business has never hindered our business operation and has always been considerate with their vehicles. We have never had a problem with the street being blocked from this business. Sincerely, � � Kirk��ler Wheeler Hardware Company �G �' l T X Irt r�r I � CITY OF SAINT PAI7L Narm CaTemmt, Mayor September l�, 1996 OF'FIC�F TI� CITY ATTORNEY Timo[h�larx, Ciry Attomey c l'1 � ►,�3 Civil Division 400 City Hall IS West KelloggBlvd Sa'nu Pau� M'mnesom SSIO2 Telephone: 612 266-87I0 Facsimile: 672 298-5619 NOTICE OF HEARSNG Ms. Mary P. Fasching M.F. Automotive 1728 Selby Avenue Saint Paul, Minnesota 55104 RE: All liceases held by Mary P. Fasching dlbfa M.F. Automotive for the premises located at 1728 Selby Avenue, St. Paul Our File Number: G96-0405 Dear Ms. Fasching: Please take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises stated above: Date: Thursday October 24, 1996 Time: 9:30 a.m. Place: Room 220, Conference Rm B Board of County Commisaioners St. Paui City Aall 15 W. Kellogg Blvd. Saint Paul, 2�T. 55102 The hearing will be presided over by an Administrative Law Judge from the Statie of Minnesota Office of Administrative Hearings: Name: James Ranum Fifth Street Towers, Suite 1960 150 5outh Sth Street Mianeapolis, 2�i. 55402 Telephone: 333-7579 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses £or intoxicating and non-intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. � t � In Re the Licenses of Mary P. Fasching J -' d!b!a M.F. Automotive City's Exh. No. 6 � � �� - 1��3 Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows: On July 24, 1996, you were in violation of condition #3 on your licease (The parking lot can hold no more than 12 cars both during and after busiaess hours.} Seventeen cars were observed in the lot. Additionally, a vehicle frame and oi1 and gas tanks were observed on the ground outside the building, ia violatioa of conditioa #5 (No tools or parts will be standing outside the building.) Oa July 25, 1996, you were in violation of condition #5 on your license (All maintenance work will be done inside the building.) when people were observed working on a red Pinto in the parking lot. On July 28, 1996 you were in violation o£ condition #5 oxi your license when work was being done on the red Pinto in the parking lot at 11:35 a.m., 4:00 p.m., 4:30 p.m., 5:15 p.m. and 8:45 p.m. On July 31, 1996 you were observed blocking Herschel Street to traffic by parki.ag a trailer so that other vehicles could not get through. This is a violation of Saint Paul Legislative Code § 157.07(a). �n August l, 1996 you were observed working on a vehicle in the parking lot at 6:30 p.m. and 8:10 p.m. in violation of conditioa #5. On August 7, 1996 at 1:3U a.m, sixteea vehicles were observed in your parking lot in violation of condition #3. Additionally, two "jwnked" vehicles behind the buildiag had been observed there for over one week, in violation of condition #7 (All cars that are left in long term storage - one week - will have all body parts intact and will be closed). You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized praatice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul I,egislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties Notice of Hearing - Page 2 •� � � °�'�l -- !�S identi£y themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then o£fer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; £or example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules; part 1400.7000. If you think that a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Very truly yours, �� .� C-�..� Virginia D. Palmer Office of the City Attorney cc: Nancy Thomas, Office of Administrative Hearings 100 Washington Square, Suite 1700, Mp1s., MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Julian Loscalzo, Exec. Director, Lexington-Hamline Community Council, 1160 Selby Ave., St. Paul, MN 55104 Ed Bower, Community Organizer, Merriam Park and Snelling- Hamline Community Council, 1573 Selby Ave., Suite 311, St. Paul, MN 55104 Notice of Hearing - Page 3 . . _ � G� � - Z�3 STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) � AFFIDAVIT OF SERVICS 8Y MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on September 11, 1996, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Ms. Mary P. Fasching M.F. Automotive 1728 Selby Avenue St. Paul, MN. 55104 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this lith day of September, 1996. �� - ��/Jc.�t:�9O\, Notary Publi� � R1TA M. BOSSARD � - NOTAflYPUBLIC-MINNESOTA aannsev couNnr My Comm. 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" s'T ss � � > . ! ° �pk� '` S �" " xi . %� . � ��, � K �Y* 4 Y �� + +k: � r. s a T .. 5 ��'mv.--' Rc3.� -'"'. � �� -� � "# � g� . . �� , : . ,� ' . °e, °- f:, � s � � � � � �� Council Eile # c l� ��e3 . i ` Green Sheet # ;�('��-/\lv RESOLUTION GITY OF SAINT PAUL, MINNESOTA 1 , �.7 Presented By Referred To 1 2 3 4 5 b 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ?2 23 24 25 2b Committee: Date WHEREAS, an adverse license action was initiated against the licenses of Mary P. Fasching, dlb/a M,F. Automotive by the Office of License, Inspections and Environmental Protection; and WHEREAS, a hearing was held before an Administrative Law Judge who issued Findings of Fact, Conclusions and a Recommendation to the City Council on November 14, 1996; and WHEREA5, Exceptions to ttie Findings of Fact, Conclusions and Recommendation were filed on behalf of the O�ce of LIEP; and WHEREAS, a public heazing was heid on February 5, 1997 before the Saint Paul City Council; now, therefore, be it RESOLVED, that a fine in the amount of One Thousand Dollars ($1,000) be imposed on the automotive repair gazage license held by Mary P. Fasching, d!b!a M.F. Automotive for the premises located at 1728 Selby Avenue in the City of Saint Paul, said fine to be payable within thiriy (30) days of the adoption of this Resolution. This Resolution and the action taken above are based upon the Findings of Fact and Conclusions of Law as amended by the City's Exceptions to the Findings, Conclusions and Recommendation filed on behalf of the Office of License, Inspections and Environmental Protection, and such arguments as were presented to the City Council at the public hearing on this matter. Requested by Department of: By: Form Approved by Cit ttorney Adopted by Council : Date � `�p , �q , }� Adoption Certified by Council Secretary BY: �, B �'� t -�o- � Approved by Mayor for Submission to �pproved by Mayor: Da�ll� Council , � �' v '---� By: Office of City Attorney 266-8710 `��1-�b3 380� 6 INITfAi1DATE � CENCOUNCIL � CITY CLERK � FIN. & MC�L SERVICES DIR. ❑ z-ii=i99� GREEN SHEET INITIAVDATE— � OEPARTMENTDIRECTOfi �WN � GTYAiTORNEY ABER FON Ii1NG � BU�GET DIRECTOR �p O MAYOR (Op ASSISTAIJ'n TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) Finalizing City Council action taken on December 4, 1996, concerning adverse action against licenses held by Mary P. Fasc3vng, DBA M.F. Automorive, 1728 Selby Avenue. y PIANNING COMMISSION _ CIYIL SERVICE COMMISSION CIB COMMITTEE _ 9TAFP _ �BTRICTCOURT _ ORTS WHICH COUNGL O&IECTIVE? PROBLEM, ISSt1E. PERSONAL SEHVICE CONTRACTS MUST ANSWER TFiE POLLOWING QUESTIONS: 1. Has [his personrfirm ever worksC under a contract for this Gepartment? YES NO 2. Has this perso�lfirm ever 4een a city empbyee? YES NO 3. Does this personttirm possess a skill frot fwrmally possegsed by any cunent ciry em0�q'ee? YES NO Explain all yes answers on separate sheet and attaeh to green ahcet Cota�cil Resear Center I� �B 1 I ��9? MOUNT OF TRANSACTION SOURCE NFORhfATION' (EXPLAIN) COST/REVENUE BUOGETED (CIRCIE ONE) ACTIVI7Y NUMBEfl YES NO OFFICE OF Tf� CITY ATTORNEY q1 �� CITY OF SAINT PAUL Norm Cotema+¢, Mayor crv�eDN�:on 400 Ciry Hau I S West Kellagg Btvd. SaintPaul, Mirsnesata 551�2 Telephone: 61Z 266-8710 Facsimt7e: 612 29&5619 Februar�r 11, 1997 Nancy Anderson 310 City Hall RE: Wednesda�r, December 4, 1996 Council Hearing Item for Consent Agenda: 1. Mary P. Fasching d/bja M.F. Automotive Nancy: Attached is the signed resolution identifying the penalty imposed by the council on M.F. Automotive. Please schedule this for the Consent Agenda for the Council Aearing on Wednesday, Februarg 19, 1997. Thank you. Since�/el�r Peter P. Paralegal � �l q�� STATE OF MINNESOTA OFRICE OF ADMINISTRATIVE HE�RINGS FOR fiHE CITY OF SAINT PAUL In re all Licenses held by CITY EXCEPTIONS TO Mary P. Fasching, dib/a M.F. FINDINGS, CONCLUSIONS Automotive, 1728 Selby Avenue RECOMMENDATIONS The City of Saint Paul, through the office of License, Inspections and Environmental Protection, files'the following exceptions pursuant to Minn. Stat. § 14.61 to the Report of the Administrative Law Judge in the above matter which was dated November 14, 1996 and filed with the City Clerk thereafter. I. Exceptions to Findings of Fact. A. Findinq 2: This finding incorrectly states the basis for adverse action. Action was brought pursuant to Saint Paul Legislative Code �310.06(b)(5), which states that adverse actions may be brought if "[t]he licensee or applicant has failed to comply with any condition set forth in the license, or set forth in the resolution granting or renewing the license." B. Finding 5: Licensee stipulated to certain violations which relate to other license conditions. She waived the hearing an that basis, and the Findings should be limited to her stipulation. C. Findinct &: This was not one of the violations to which licensee stipulated, and shauld be deleted. D. Findina 8: This was not one of the violations to which the licensee stipulated, and should be deleted. E. Findina 10: This was not one of the violations to which licensee stipulated, and should be deleted. �� F. � f;i Findinq 11: This was not one of the violations to which licensee stipulated, and should be deleted. Findinq 12: This was not one of the violations to which licensee stipulated, and should be deleted. Findinq 13: This was not one of the violations to which the licensee stipulated, and should be deleted. I. Finding 14: The licensee agreed to stipulate to certain violations on the dates of July 24 and July 26, 1996, but did not agree to stipulate to all of the violations. ZI. Exceptions to Conclusions of Law. A. Conclusion 5. This conclusion relates to Finding #6,(see I.C., above), and should be deleted. B. Conclusian 7: This conclusion should read "on July 26, 1996" rather than "On July 28, 1996", in accordance with Finding of Fact #9. C. Conclusion 8: This conclusion relates to Finding # 10 tsee I.E. above), and should be deleted. �� E F. Conclusion 9: This conclusion relates to Finding #11 tsee I.F. above), and should be deleted. Conclusion 10: This conclusion relates to Finding #12 (see I.G. above), and should be deleted. Conclusion il: This conclusion relates to Finding # 13 tsee I.H. above}, and should be deleted. G. Conclusion 12: This conclusion should read that °M.F. Automotive has failed to comply with conditions set forth in the license" in violation of Saint Paul Legislative Code �310.�6(b)(5). III. Amended Findings, Conclusions and Recommendations. Attached hereto are nroposed amended findings and conclusions ��c� which are prepared for use in lieu of those contained in the ALJ Report. The undersigned urges the Saint Paul City Council to adopt the Findings, Conclusions and Recommendation of the Administrative Law Judge with exception of those which should be deleted and those in which an amended Finding or Conclusion is proposed. Submitted this ;,?.� day of January, 1997. _U � u��t Virginia . Palmer Assistant City Attorney Attorney for LIEP 400 City Hall Saint Paul, MN 55102 (&12) 266-8710 Atty ID #= 128995 �� APPENDIX 2. Amended Findings of Fact l. M.F. Automotive is an auto repair garage licensed in the City of Saint Paul. 2. The City has brought this adverse action against the licenses held by M.F_ Automotive alleging a violation of Saint Paul Legislative Code �^�'�' ��a-" ^ 65 a�� 3�9 86, �� a� ��te �tts}�ess 4. On July 24, 1996, the parking lot adjacent to the auto repair garage had 17 cars in the lot. _• �a��}e� ��t�be� 6 e� £h.�'. ,,,.�...�,.�.....,.. ,: •,� a �-�---��<e-�e��t�� ee�s e�-�a��s �e �e sE et��e��e�� h,.: �� J�_.. _— � . 6 8�-��-�� 8�6, � �e��e�e €�a�e, �<, ,..a _ � �,�,_� . _ .,. _,. ,i.... ,.a ..�..,. ..a .t,.;.o„ �-i.... u.. : i a; _ �.-. ��. Condition number 5 of M.F. Automotive's license provided that maintenance work was not to be done outside the building. $,—vn-ac}�F---zS ��86��e id^crc c^�'^no^ci9ca 'viv^i�7.-n�-ica Ri ntn i n �-hr.iri �-: � �+- _ _""_ "' "" r »_._�_.� ....�... 3��s;; On July 26, 1996, work was being done on the red Pinto in the parking lot at 11:35 a.m., 4:00 p.m., 4:30 p.m., 5:15 p.m., and 8:45 p.m_ .,_. r.. �• i � i� i i� �-9� =-3�, �996, - - ----_ ..--- _____ . _� ___...._..� _.__.._ .� tln Aainatic# '1 '11aA � � • t, • i .'_ _ `_' "_�__ _ _ _' _ _ , t ...�.. r ,�,. ..�`... ,.,,...�.�.,� ..,. .. .........,..� �.. ��3e--��'dE��g �6`c 3� 6 - 3 B=F-tit ..,, a ° _ '' ^ .., �� "- y � 7, �9�6, a� � a m , �6 �,e��e�es �ae�e .,hN:.�.�� .. �ti r'�-'��-'� � ,- .. ,..a . i... .. �i � ,.. i..,. �... ,., a �3—�Y3 �kHHEj4tBE '7� }996 c•• 'x• c 'c c t �c'^^� ��P �"•"'':"� a--a ��Q '---� e�ae��*e� ��e�e €e� eae� a uaee3� The licensee 3. Condition #3 of M.F. Automotive's license provided that the parking lot was not to hold more than 12 cafs. ��-�� II. Amended Conclusions l. The Administrative Law Judge matter pursuant to Section 331.05{m)t4) Code and Minn. Stat. §14.55. has jurisdiction in this of the St. Paul Legislative 2. The Notice of Aearing was proper and the City has complied with all other substantive and procedural requirement of law or rule. 3. The Council of the City of St. paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including Sections 310.05 and 310.Ob, of the St. Paul Legislative Code. Adverse action may include revocation, suspension, fines and other penalties or conditions. 4. On July 24, 1996, M.F. Automotive was in violation of condition number 3 of its license in that the parking lot held more than 12 cars during and after business hours. Fr�'. On July 25, 1996, M.F. condition number 5 of its license not done inside the building. Automotive was in violation of in that all maintenance work was ��i. On Ju1y 28&, 1996, M.F. condition number 5 of its license red Pinto in the parking lot. Automotive was in violation of in that work was being done on a :�e!��as� 3�$. The City requested that M.F. Automotive pay a$2,D00 fine. M. F. Automotive requested no fine. a �,�� - - -- _ -------- ------: - : _-- ----� 3-�7. M.F �� ', in viola Automotive �3�. No credible evidence was introduced concerning M.F. Automotive's finances and it is impossible for the Administrative Law Judge to determine with precision the appropriate amount of the fine. APPENDIX I. Amended Findings of Fact ��-�c� 1_ M.F. Automotive is an auto repair garage licensed in the City of Saint Paul. 2. The City has brought this adverse action against the licenses held by M.F. Automotive alleging a violation of Sair.t Paul Legislative Code §310.06(b)(5), in that the business has "failed to compl�r with conditions set forth in the license." 3. Condition #3 of M.F. Automotive's license provided that the parking lot was nat to hold more than 12 cars. 4. On July 24, 1996, the parking lot adjacent to the auto repair garage had 17 cars in the lot. 5. Condition number 5 of M.F. Automotive's license provided that maintenance work was not to be done outside the building. 6. On July 26, 1996, work was being done on the red Pinto in the parking lot at 11:35 a.m., 4:00 p.m., 4:30 p.m., 5:15 p.m., and Sc45 p.m. � 7. The licensee admitted to violations occurring on two dates, specifically too many vehicles in the parking lot on July 24, 1996 and work being performed on a red Pinto outside the building on July 26, 1996. 8. The City requested that M.F. Automotive pay a$2,OQ0 £ine. M. F. Automotive requested no fine. II. Amended Conclusions 1. The Administrative Law Judge has jurisdiction in this matter pursuant to Section 331.05(m)(4) of the St. Paul Legislative Code and Minn. Stat. §14.55. 2. The Notice of Hearing was proper and the City has complied with all other substantive and procedural requirement of law or rule. 3. The Council of the City of St. paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including Sectians 310.05 and 310.06, of the &t. Paul Legislative Code. Adverse action may include revocation, suspension, £ines and other penalties or conditions. 4. On Ju1y 24, 1996, M.F. Automotive was in violation of condition number 3 of its license in that the parking lot held more than 12 cars during and after business hours. , . - �� 5. On July 25, 1996, M.F. condition number 5 of its license not done inside the building. Automotive was in violation of in that all maintenance work was 6. On July 26, 1996, M.F. Automotive was in violation of condition number 5 of its license in that work was being done on a red Pinto in the parking lot. 7. M.F. Automotive failed to comply with conditions set forth in the license in violation of 310.06(b)(5) of the St. Paul Legislative Code. 8. No credible evidence was introduced concerning M.F. Automotive's finances and it is impossible for the Administrative Law Judge to determine with precision the appropriate amount of the fine. CITY OF SA.INT PAUL Norm Coteman, Mtryar January 3, 1997 Ms. Lynn Wolters Attorney at Law 2489 Rice Street, #� 2b0 Roseville, Minnesota 55112 OFFICE OF Tf� CITY ATTORNEY 6/ r„wrt,y � ,xa�. cuy Rao.,� Civil Division � � v �� 4Q0 City Hall Tekphone: 672 Z66-8710 IS West Xellogg Bfvd Facsimile: 612 298-3619 Saint Pau{ Muuresom 55101 NQTICE OF RE-SCHEDVLED COtJNC2L HEARING RE: Al1 licenses held by Mary P for the premises located at License ID No.: 14762 Our File Number: G96-0405 . Fasching d/bJa M.F. Automotive 1728 Selby Avenue, St. Paul Dear Mr. Wolters: Please take notice that the hearing on the report of the Administrative Law Judge concerning your client, Mary P. Fasching doing business as M.F. Automotive, has now been re-scheduled for 4:30 p.m., Wednesday, February 5, 1997, in the Cit� Council Chambers, Third Floor, Saint Paul City Aa11 and Ramsey County Courthouse. If you have any questions, you're welcome to call me at 266-8710. Sincerely, � �/�(��/ � � �'�,�� V Virginia D. Palmer Assistant City Attorney � .^��:*vn;; .... .,� s '?7?F.^Z Ws`.t.�... _ . . L�.. �F-'s l� 4 , i+' .,G.,, cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Julian Loscalzo, Exec. Director, Lexington-Hamline Community Council, 1160 Selby Ave., St. Paul, MN 55104 Ed Bower, Community Organizer, Merriam Park and Snelling- Hamline Community Council, 1573 Selby Ave., Suite 311, St. Paul, MN 55104 OFF7CE OF THE CITY ATTORNEY Timothy & Ma�x, Ciry A�totney CITij OF SAINT PAUL No>m Coleman, Mayo> Civi! Division 4D0 City Xatt IS West Kellogg BHd Saint Paul, Mtnnesom 55102 ry n � l�t I Telephane: 6T2 266-8770 FaamtiJe: 612 298-5619 � December 18, 1996 Mr. Lynn Wolters Attorney at Law 2489 Rice Street, #260 Saint Paul, Minnesota 55112 RE: Rescheduling 12/2&/9b Public Hearing Al1 licenses held by Mary P. Fasching dib/a M.F. Automotive Our File Number: G96-0405 Dear Mr. Wolters: Pursuant to your request, we will reschedule the December 26, 1996 public hearing involving your client Ms. Mary Fasching. We will notify you as soon as we have a new date. Sincerely, �,iv`�;' °...,`-��... , , �y� S . .` :w : w. Peter P. Pangborn Paralegal cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Julian Loscalzo, Exec. Director, Lexington-Hamline Community Council, 1160 Selby Ave., St. Paul, MN 55104 Ed Bower, Community Organizer, Merriam Park and Snelling- Hamline Community Council, 1573 Selby Ave., Suite 311, St. Paul, MN 55164 OFFICE OF Tf� CITY ATTORNEY Trmothy E. Mmx Crty Attorney CITY OF SAINT PAUL Norm Coleman, Mayor Civil Division 4D0 City Halt IS I�Yest Keltogg BPod Samt Paub Mbmesom 55701 a �-i�� Telephone: 671 166-877 0 Faabnile: 6I219&5619 December 6, 1996 Ms. Lynn Wolters ' Attorney at Law • 2489 Rice Street, # 26Q Roseville, Minnesota 55112 NOTICE OF COiTNCIL HEARING RE: All licenses held by Mary P. Fasching djbja M.F. Automotive for the premises located at 1728 9elby Avenue, St. Paul License ID No.: 14762 Our Fi1e Number: G96-0405 Dear Ms. Wolters: Please take notice that a hearing on the report of the ` Administrative Law Sudge concerning the above-mentioned establishment has been scheduled for 4:30 p.m., Thursday, December 26, 1996, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You mag also present oral or written argument to the council at-the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, � � �� Virgi� Palmer Assistant City Attorney ce: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP ��:�V;;' . -�,� ,, � �,h '° `;::;;- �� r �� ', Julian Loscalzo, Exec_ Director, Lexington-Hamline Council, 1160 Selb}r Ave., St. Paul, MN 55104 Ed Hower, Community Organizer, Merriam Park and Hamline Community Council, 1573 Selby Ave., St. Paul, MN 55104 Community Snelling- Suite 311, . , z � _ . �� "�� Fiie No. 57-2111-10738-3 STATE 4F MINNESOTA OFFiG� flF ADMiN1STRA7IVE HERRiNGS FOR THE ST. PAUL C1TY COUNGlL In re a11 Licenses heid by Mary P. �asching dJb/a M. F. Automotive for the premises located at 1728 Selby Avenue St. Paui, Minnesata „-�..� ��Ei Nov � $ �ss c�� aT��R�� FfNDItVGS OF FACT, CONCLUSlONS OF LAW AIUD RECO1v1MENDATiON The above entiUed matter came an for hearing before Administrative Law Judge Jarries N. Ranum on October 24, 1996, in Room 220, Cor�ference Raom 8, Board ot County Commissioners, 15 West Kelfogg Boulevard, St. Paui, Minnesota 55702. Virginia D. Paimer, Assistar�i St. Paui Ciiy Attorney, 400 Ciiy Hail, 15 West Keilogg Boulevard, St. Paul, Minnesota, appeared on behaff af the Oifice of License, inspectians and Environmentai Protection. The licensehoider Mary P. Fasching doing business as M. F. Automotive, 1728 Seiby Avenue, St. Pau(, Minnesota appeared at the hearing. She was represented by Lynn Woliers, Attorney at Law, 2489 Rice Street, #260, Roseviile, Minnesata 55 i 12. The record ciosed on October 24, 1996, et the adjournment of the hearing. -1- �� These Findings and Conclus�ons may be appealed to the St. Paul City Councii by any aggrieved parson by fiiing a rotice wiih the C+ty Clerk. The appeai wili then be scheduled far a hearing ai :he next City Gouncif ineeting. These apoeal provisions are contained in Saction 331.05(m){5) Pau{ Legisfative Code. STATEMENT OF iSSUE The issue to be determined in this case is whether grounds exist to support the assessment of penalties against Mary P. Fasching doing business as M. F. Automotive. FINDINGS OF FACT 1. M. F. Automotive is an auto repair garage kicensed in the City of St. Paul: 2. The City has brought this adverse action aga+nst the licenses heid by M. F. � Automotive alleging a viofation ot St. Paul Legisiative Code Sections 3�0.05 and 310.06, in that the business "permits conditions that unreasonably annoy, injure, or endanger the safety, health, mora4s, comfiort or repose of any considerabie number of inembers of the pubfic." 3. Condition number 3 of M. F. Autamotive's license provided that the parking lot was not to hoid more than 12 cars. 4. On .fuly 24, 1996, the parking fot adjacent ta the auto repair garage had 17 cars in the 1ot. 5. Condition number 6 of M. F. Automative's license provided i� was not to permit toois or parts to be standing outside the buiiding. -2- ��-l�� 6. Qn July 24, 1996, a vehicie frame, oil and gas tanks were observed on the ground outside the buiiding, 7. Condition number 5 of M. F. Automotive's iicense provided that maintenance work was not to be done outside tiie b�ilding. 8. On .luly 25, 1998, peopie were observed working on a red Pinto in the parking iot. 9. On July 26, 1996, wQrk was being done on the red Pinto in the parking fot at 11:35 a.m., 4:00 p.m., 4:30 p.m., 5:15 p.m., and 8:45 p.m. 10. On July 31, 1996, vshicies were observed btocking Herschel Street by parking a trailer in such a way that other vehicies could not get through. 11. On August 1, 1986, peop4e were working on a vehic4e in the pasking !ot at 6:30 p.m. and 8:�0 p.m. 12. On August 7, 1996, at 1:30 a.m., 16 vehicles were observed in the parking lot. �3. On August 7, 1996, two incapacitated vehicies were behind the building and had been observed there for over a week. 14. The licensee did not contest the charges of #he City and stipulated to #he authenticity of Exhibits 1 and 2. 15. The City requested that M. F. Automotive pay a$2,000.00 fine. M. F. Automotive requested no fine. -3- �� Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Larr Judge has jurisdiction in this matter pursuant to Section 331.05(mj(4) of the St. Paul Legisiative Code and Minn. Stat. 14.55. 2. The Notice of Fiearing was proper and the City has complied with all other substantive and procedural requirements of law or rule. 3. The Councii of the City of St. Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter . 310, including Sections 310.05 and 3i0.06, of the St. Paui legislative Code. Adverse action may include sevocation, suspension, fines and other penalties or conditions. 4. On July 24, 1996, M. F. Automotive was in violation of condition number 3 of its license in that the parking !ot held more than 12 cars during and after business hours. 5. On July 24, 1998, M. F. Automotive was in violation of condition 6 of its iicense in that tools or parts were standing outside of the buiiding. 6. On July 25, 1996, M. F. Automotive was in violation of condition number 5 of its ticense in that al1 mairrtenance work was not done inside the building. 7. On July 28, 1996, M. F. Automotive was in violation of condiiion number 5 ofi its iicense in that work was being done on a red Pirrto in the parking {ot. 8. On July 31, 1996, M. F. Automotive violated St. Paul Legisiative Code 157.07(a) in ihat it permitted the blocking of Herschel Avenue with a traifer. � � � _(�� J. On August a, 7996, M. F. Automath✓e :vas in vioiation of candition number 5 of its license by working on a vericl2 in trie parking lot. 10. On August 7, �996, M. F. Automotive was in vioiaticn of condition number 3 of its license by oermitting more tlian .�2 vehicies in the parking lot. 11. On August 7, 1996, M. F. Automotive was in violation of condition number 7 of its license by permitting incapacitated vehicles to remain outside for one wsek. 12. M. F. Automative "permitted condrtions that unreasonably annoyed, injured, or endangered the safeiy, heaith, morais, comfort, or repose of any considerabie number of inembers ofi the pubiic" in violation of 3i4.06(b)(7) of the St. Paui Legislative Code. 13. No credible evidence was irrtroduced concerning M. F. Automcrtive's finances and it is impossible for the Administrative Law Judge to determine with precision the appropriate amourrt of tine. RECOMMENDATlON The undersigned recommends the tolfowing penafties against M. F. Automotive: A fine in the amount of Seven Hundred Fifity Dollars ($750.00). Dated this �� day of , 1996. � Law Judge -5- November 18, 1996 Fred Owusu City Clerk 170 Gity Hall 15 W. Kelfogg Bivd. St. Paul, MN 55102 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 1 �0 Washington Square, Suite 1700 100 Washington Avenue South Minneapotis, Minnesota 55401-2138 �� (�� t Re: In the Matt�r of All Licenses Held by Mary P. Fasching d/bta M. F. Automotive; OAH Docket No. 57-2111-10738-3 Dear Mr. Owusu: On November 14, 1996, Administrative law Judge Ranum served the Findings of Fact, Conciusions and Recommendation in the above-entitled matter. Enclosed is the o�ciai record, inciuding a copy of the tape recording of the hearing. Our file in this matter is now being closed. Very truly yours, �� lul�LGL� `!i//C . /G�� y1�1.LNd a ancy M. Thomas Docket Cierk Telephone: 612l341-7615 NT Enc. Providing Impartiai Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-760o � TDD No (612) 341-734& � F� No. {612) 349-2665 r� ,�,.9 � �� - I �3 File No. 57-211 i-10738-3 STATE OF MIfiNESOTA OFFICE OF ADMfNISTRATIVE HEARINGS FOR TkiE ST. PAUL CITY COUNCiL In re afl Licenses held by Mary P. Fasching d/bJa M. F. Automotive for the premises located at 1728 Selby Avenue St. Paul, Minnesota FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION The above entitled matter came on for hearing before Administrative Law Judge James H. Ranum on October 24, 1996, in Room 220, Conference Room B, Board of Courity Commissioners, 15 West Kelfogg Boulevard, St. Paui, Minnesota 551D2. Virginia D. Paimer, Assistarrt St. Paul City Attorney, 400 City Haif, 15 West Keilogg Boulevard, St. Paui, Minnesota, appeared on behalf of the Office of License, Inspections and Environmentai Protection. The licensehoider Mary P. Fasching doing business as M. F. Automotive, 1728 Selby Avenue, St. Paul, Minnesota appeared at the hearing. She was represented by Lynn Wolters, Attorney at Law, 2489 Rice Street, #260, Roseville, Minnesota 55112. The record ciosed on October 24, i996, at the adjournment of the hearing. -1- ,t� >: , �1 "�� These Findings and Canclusions may be appealed to the St. Paul City Councii by any aggrieved person by filing a notice with the City Cierk. The appeal wili then be scheduled far a hearing at the next City Councii meeting. These appeal provisions are corrtained in Section 331.05{m)(5}, St. Pauf legislative Code. STATEMENT OF ISSUE The issue to be determined in this case is whether grounds exist to support the assessment af penalties against Mary P. Fasching doing business as M. F. Automotive. FINDINGS OF FACT i. AA. F. Automotive is an auto repair garage licensed in the City of 5t. Paui. 2. The Gity has brought this adverse action against the licenses heid by M. F. Automotive aileging a vialation of St. Paul Legisiative Code Sections 314.05 and 310.06, in that ihe business "permits conditions that unreasonabiy annoy, injure, or endanger the safety, health, morals, comfort or repose of any considerabie number of inembers oE the pubiia" 3. Condition number 3 of M. F. Automotive's ficense provided that the parking lot was not to hold more than 12 cars. 4. On July 24, 1996, ths parking lot adjacent to the auto repair garage had 17 cars in #he lot. 5. Condition number 6 ot M. F. Automotive's license provided it was not to permit tools or parts to be standing outside the building. �� - l�� 6. On Juiy 24, 1996, a vehicle frame, oil and gas tanks were obsarved on the ground outside the building. 7. Condition number 5 of M. F. Automotive's license provided that maintenance work was not to be done outslde the lauiiding. 8. On July 25, 1996, people were observed working on a red Pinto in the parking lot. 9. On July 26, 1996, work was being done on the red Pinto in the parking lot at 11:35 a.m., 4:00 p.m., 4:30 p.m., 5:15 p.m., and 8:45 p.m. 10. On July 31, 1996, vehicies were observed blocking Herschei Street by parking a trailer in such a way that other vehicles cou4d nat get through. 11. On August 1, 1996, people were working on a vehicle in the parking fot at 6:30 p.m. and 8:10 p.m. 12. On August 7, i996, at 1:30 a.m., 16 vehicles were observed in the parking iot. 13. On August 7, 1996, tvuo incapacitated vehicles ware behind the building and had been observed there for over a week� 14. The licensee did not contest the charges of the City and stipu{ated to the autherrticity of Exhibits 1 and 2. i5. The City requested that M. F. Automotive pay a$2,000.00 fine. M. F. Automotive requested no fine. -3- �� _ Ic�� AFFIDAVIT OB SERVICE BY MAIL STATE OF MINNESOTA ) ) COONTY OF HENNEPIN 1 James H. Ranum, o= the City of _M_inneapolis, County of Hennepin, in the State of Minnesota, �eing duly sworn, says �hat on Che of , 199�, he sey the =ollowing: �v'C"^�C n F �S` on �-y^'^' �'`'�+� attorney for the (Z��,.k� by mailing a copy theseof in an envelope, postage prspaid, and by depasiting same in the gost office at Minn.eanolis, Minnesota, directed to said attorney at: rc.t= p,� ?�� t , J-�� ° Jtc� (�'ce�.�, Ma� last known address of said attorney. Subscribed d sworn to before me t� j�?'� of F\I�UYrn��' 199�. Notary Y / IJ J / 'If / /!!llfllfJ. I. /J/!1/IJ S � �� v� • � � S �, � , i�� `�/J'l-�-ii_ _ l./'fj %'J-!!!J fIJ'J'J'JS� i AFFIDAVIT 6B SEI2VICE BY MA2L STATE QF MINNESOTA } ) COT3NTY OF BENNEpIN ) James H. Ranum, of the City of �inneagolis, County of Hennepia, in the Stat= oi Minnesota, being duly sworn, says �hat on the oi , 19�, he served the =ollowing: �(„��wr�C � Cc=WCCuSwr �l on lS��w�a p��Me'^ attorney for the �'y °� ��` �"" by mailing a copg thereof in an envelope, postage prepaid, and by depositing same in the posL ofrice at Minneapolis, Minnesota, directed to said attorney at: y-oo �,� �((� t5- wc��- Jeeff�g� q3��1 �� Qc+ i !'�!" last known address of said attorney. Subscribed and sworn to b fore me �is (l�'�y o£ �,A(cErta,�, 199�i. A."Ranum Si'� � 'rrri'rr.ri-r�l � � + �, ; .,� � ' � .' . • r - . L 1 q ' ' � / If!! '✓ 'JfJ '. / `I 'J 'Il '� '. / '� 'lII/ '- / "J '� l. / 'fJ S� STATE OF MINNESOTA � � — { � 3 OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Sude 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 October 7, 1996 Peter P. Pangbom, Paralegai Office of the City Attomey Civil Division 400 City Hall 15 West Keltogg Soulevard St. Paul, Minnesota 55102 Re: Licenses Held by Ma[y F. Fasching d/bla M. F. Automofive for 4he Premises Located at 1728 Se1by Avenue, St. Paul; QAH Docket No.57-2111-10738-3. Dear Mr. Pangbom: As requested in your letter of October 4, 1996, to Administrative Law Judge James Ranum, enclosed are subpoenas requiring the attendance of Officers David Titus and Jetftey Parsons at the hearing in ttie above-referenced matter. Sincere{y, �a�� Cl � `�cz�� SANRRA A. HAVEN Administrator of Office Services Telephone:612/349-7642 sh Enc. Providing Impartai Hearings for Govemment and Ci6zens An Equai Opportunity Employer Administrative Law Section 8 Administrativa Services (612) 341-7600 � TDD No. (612) 344-7346 � Fax No. (672) 349-2665 q�-(c� .. �,.,,. . ;: �;:; °'' ;,�_ _ _ =R . sr � __ ��}: -�': :;,. - STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS HEARING SUBPOIIVA TO: C}fficer Jeffrey D. Parsons, St. Paui Poi'�ce Department, 100 East 11th Street, St Paui, Minnesota 55101 GREETiNGS: YOU ARE HEREBY COMMANDED to lay aside ati your business and excuses and to appear before Administrative Law Judge James Ranum of the Qffice af Administrative Hearings of the State of Minnesota, at St. Paui City Hali, Room 220, 95 West Keilogg Boulevard, in the City of St. Paui, Ramsey Gourrty, Minnesota, on the 24th day of October, 1996, at 9:30 o'clock in the forenoon, to appear as a witness in the matter of Licenses Heid bv Marv P FaSrhing d/b/a M At�tmm�tiyo fnr ri,A a Loc.�ted at 1728 SeftZy Avenue St Pau�, h�linnesota . Pursuant to the authority granteci at Minn. Stat. § 14.51, Witness, the Honorable Kevin E. Johnson, Chie Administrative Law Judge, at Minneapolis, Minnesota this Z_�ay of October, 1996. . � ��i�til (� KEVIN E. JOH S Chief Administrative Law Judge 612/341-7600 Subpoena requested by: affice of the City Attomey, Peter Pangbom, 266-8776 �`� � �� ...:�-�.,... • � • ��,.� °� �`�.:�;��: • s � � • � � ,�Yw, Ps�'' �� t � : � � a TO: Qfficer David Titus, St. Pau{ Police Department, 100 East 11th Street, St Paul, Minnesota 55101 GREE7fNG5: YOU ARE HEREBY COMMANOED to lay aside ali your business and excuses and to appear before Administrative Law Judge James Ranum of the Office of Administrative Hearings of the State of Minnesota, at S#. Paul City Ha11, Room 220, 15 West Keilogg Bouievard, in the Ciry of St. Paui, Ramsey County, Minnesota, on the 24th day of October, 1996, at 9:30 o'clock in the forenoon, to appear as a witness in the matter of Licenses Held by Marv P Fa�,ching dlbla M F A�tomotive for the Pr m�cPs Located at 1728 Selb}� v nyg, St Pa � Minnecr Pursuant to the authority granted at Minn. Stat. § 14.51, Wrtness, the tionorabie Kevin E. Johnson, Chi Administrative Law Judge, at Minneapolis, Minnesota this 7� day of Qctober, 1996. . . IN E. JOHN Q — ' c Chief Administrative Law Judge 612/341-7600 Subpoena requested by: O�ce of the Gity Attomey, Peter Pangborn, 266-8776 OFFiCE OF l'HE C[TY AT`t'OR1��EY n �� TmnolFry E. Mar� City.4drnn¢y � I_ Sw[KT YAVL � AItAR cnu orvc:ra„ 49� t'lry Ha7t IS ffesr.('sltogg Btvd. Sanit Yauf, :4limxso7a SSI Ud =-C�l:i�7f ��i �1��-"�L+Ti l DATE: October 2d, 1996 TO: Judge James Ranum cio Louise Cooper Office of Administrative Nearings NUMBER OF PAGES (including Cover page}: 3 FRQM: Peter Pangbom Paralegai St. Paui City Attorney's Q�ce 4Q0 City Hait FAX Plo.: 349-2665 FAX No.: 298-5619 If you do not receive att pages of thi5 transmissrar, ptease contacL Peter Pangbom 7a�ephone No. 26Cr8776 Trfepham: 613 ?66-ti%/0 Facrrmrle: bl: 29&5619 G':` v� G �^�, f� � � � 5 � ��! ,t 1 1 � 5 � •�� V � ,�,; �.;r; .� cr� oF ��.zrrr ratn. ?vonx Cotemv>�, ,�lmuir Ti3'd �99i6t�£n fji 3��I��L '=:t�1�d�Olikt At1J 41Ci:y� $f_t:'wF 5E6S-hL7-1:J0 OFFICE OF THE CIT'Y ATTORNEY /7 �_�� TimathyE.ilar.e.4'iry.inorncy `�l cz� oF s�rrT rAUZ, NVrnr (;uleman, 3fujn� cn;r aa�ro„ 400 Ccry lfal! IS Re>t Yv;77ogg Bh�d Sai.nt PauL :tiim�emla S>!U' Zrk:phone: 61: 2G6-3i1 � Facrimifr: b13?9S-SG19 October 4, 1996 Judg� James Ranuzzz c/� Louise Cooper Oftice of Adtninistrative Hearings 1Q� Washinb on Square, Suite 170Q Mimieapolis, Minnesota 554(�1-2138 'VIA FAX AND U.S. MAIL It�: Licenses held by Ivlazy P. Fasching dlbla M. F. Automotive for the premises located at 172$ Setby Avenue, Saint Paul Our File Number G96-44c75 Dear Judge 12anutn: Tiie purpnse of this letter is to request subpoenas pursuant t� �4innesoEa Rules, part 1400.7004 zejating to the aUove-n�entioned contzsted case hearing that is scheduled t� be heard bef�re you on Thursday, t)ctober 2�, 1496. This rzquest is rz�ade of behalf of Ms. Vizginia Palmer, the attorney assigned to titis matter. The City of St. Paul License Division will be calling these w to testify regarding the incident which s�rves as a basis £or ihe action against tha licenses of Mary P. Faschi�zg d/b(a M-F. Automoiive. In order to ensure these individuals will be in attendance to testify, the City of 5t. Fau� requ�sts from the State C�ffice of Admuustrative Hearin�s subpaenas for the foltawing individuals: 1.) Of�cer l�avid Titu.s St. 1'aul PoUce Dept. iQQ E. l ith StreeY St. Paul, Iv1N �5101 2.} Offzcer Jeffrep D. Parsons St. Paid Police Dept. 1t1� E. l Ith Sireet 5t. Pa�l, fviI�i 55101 Page 2 The hearing is scheduJed tu start at 9:30 a.m. on Thucsday, October 2�, 1996, in Raam'20, St_ Paul Citv Hail_ 15 West Keliogg Botilevard St. Paul, MN 55102. Page i ?�3 - d ��{� _.riE nl 3�� t J�C� 1.A.3N:�1_71�.H A1 I=� uiCG�� ;�t�ta : LT 95oT-t^i�t-1'_n_i i ci �,� �ylr�1 ��J�� If you need additionai izzf�rmati.on or bave azey questio�s regazding this request, please da not hesitare tn coz�tact ine at 266-877b. "f'hank you for ypur consideration in tJ�is ulatter. Sincerei}%'� /� ,/ r; . v , '�. Peter P. Pan� Paralegal 4 Pa�e 2 �FI'd 55?�E.t'Cc CIl 3JI�dt7 '�J,3hi'.i�tl,1N l.lI� blCt,�d w;f'r.'�i Br.bT-t6a-1?0 . < TRANSACTION REPORT > L RECE I VE 7 NO. DATE TIME DESTINATION 57ATION 14258 10-04 13�15 612 298 5619 ��'�� 10-04-1996<FRT1 13:16 PG. DURATION MODE RESULT 3 0°01'13" NORM.E OK 3 0°01'13" CITY OF SAINT PAUL Norm Golemm:, Mayor October 4, 1996 OFFICE OF TTIE CITY ATTORNEY Tursarhy E. Marx, Ciry Anoraey ��r�c��.��F�� l`�—�C� " Civil Division .{"�':. �� j-.'� � u r. �00 City Hall Telephorse: 612 266-87I0 `�' i �`-'' � 5 IPest Ke17a� Elvd Facsimile: 612 298-5619 -� ' Saint Pau� M"mnesom 551 D2 ii.�l.'.I.4)J 1 i 1 I � j -f'.�].'��11� ��. �.hfi�:i.jJ VIA FAX AND U.S. MAIL Judge James Ranum c!o Louise �aape: O�ce of Adminisirative Heazings 100 Washington Square, Suite 1700 Minneapolis, Minnesota 55401-2138 RE: Licenses held by Mary P. Fasching dJbJa M. F. Automotive for the premises located at 1728 Selby Avenue, Saint Paul Our File Number G96-0405 Dear Judge Ranum: The purpose of this letter is to request subpoenas pursuant to Minnesota Rules, part 1400.7000 relating to the above-mentioned contested case heazing that is scheduled to be heard before you on Thursday, October 24, 1996. This request is made of behalf of Ms. Virginia Palmer, the attorney assigned to this matter. The City of St. Paul License Division will be calling these witnesses to testify regarding the incident which serves as a basis for the action against the licenses of Mary P. Fasching d!b!a M.F. Automotive. In order to ensure these individ�?s v✓zll be in zt�aa3ar�ae ta tes��,�, the .�',ity oi St. Faul Tequests from the State Office of Administrative Hearings subpoenas for the following individuals: 1.) Officer David Titus St. Paul Police Dept. 100 E. Ilth St�eet St. Paul, MN 55101 2.) Officer Jeffrey D. Pazsons St. Paul Police Dept. 100 E. lith Street St. Paul, MN 55101 Page 2 The hearing is scheduled to start at 9:30 a.m. on Thursday, October 24, 1946, in Room 220, St. Paul City Hall, 15 West Kellogg Boulevard, St. Paul, MN 55102. Page i q'1- 1C�3 If you need additional information or have any quesrions regarding this request, please do not hesitate to contact me at 266-8776. Thank you for your consideration in this matter. Sincerel , �s� Peter P. Pang Patalegal Page 2 a� -1c�3 OFFICS OF ADMINISTRATIYS HEARII3GS FOR TSS COONCIL OF THS CITY QF SAINT PAIIL In re the Licenses of Mary P. Fasching d/bJa M.F. Automotive 1728 Selby Avenue v� � � w�t � � �ie SL � 2�� S� Ci`..Q "5.Y F � �,R'�° CITY`5 PROPOSED EXHIBITS October 24, 1996 TO: Judge James Ranum, Administrative Law Judge, office of Administrative Aearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list of the City`s proposed y s ' � a�° . exhibits for the Administrative Hearing on October 24, 1996: Exhibit No. Exh. No.�Z Exh. No. �2� Description Police Reports CN 96-121-119 (2 pp.); 6 photographs of the exterior of 1728 Selby Avenue {photos 2a through 2f); Exh. No. 3 v �,._ License information regarding Mary P. Fasching d/b/a M.F. Automotive (1 p.�; � � E�. No. 4 License "Restrictions Inquiry 5creen" regarding Mary P. Fasching djbJa NI.F. Automotive (1 p.?; Exh. No. 5 Notice of violation letter dated August 27, 1996, with Affidavit of Service t3 pp.); Exh. No. 6 Notice of Hearing letter dated September 10, 1996, with Affidavit of Service (4 pp.). �k Sxu L �� t' � q-�— lc�� Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code St. Paul Legislative Code St. Paul Legislative Code § 310.05 § 310.06 Chapter 423 Respectfully submitted this 24th day of October, 1996. �;� '� Vir ia D. Palmer Assistant City Attorney Office of The City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 . y � CIT'Y OF SAINT PAL1L Nornt Cokman Mayor August 27, 1996 Ms. Mary P. Fasching M.F. Automotive 1728 Selby Avenue Saint Paul, Minnesota 55104 RE: License held by Mary P. for the property located at License ID No.: 14762 Dear Ms. Fasching: OFFI�(�F TE� CITY ATTORNEY Tunarh�Marx Ciry Anorney q j __ \ `�1 - I C� � Civil Div'aion 400 Ciry Ha11 IS Wen Kellogg Blvd Saint PauZ M'nrnesota SS702 Telephone: 6I2 266-8710 Facsimik: 6l2 298-5619 Fasching d/bJa M.F. Automotive 1728 Selby Avenue I am in receipt of information that could lead to adverse action against your Auto Repair Garage license. The basis for the adverse action is: On Suly 24, 1996, you were in violation of condition #3 on your license (The parking lot can hold ao more than 12 cars both during aad after business hours.) Seventeen cars were observed in the lot. Additionally, a vehicle frame and oil and gas tanks were observed on the ground outside the building, in violation of condition #6 (No tools or parts will be standing outside the building.) Oa July 25, 1996, you were in violatioa of condition #5 on your license (Al1 maiatenance work wi17. be done inside _the building.) whea people were observed working on a red Pinto in the parking lot. On July 28, 1996 you were in violation of condition #5 on your license when work was being done an the red Pinto in the parking lot at 11:35 a.m., 4:00 p.m., 4:3Q p.m., 5:15 p.m. and 8:45 p.m, On July 31, 1996 you were observed blocking FIerschel Street to traffic by parking a trailer so that other vehicles could not get through. This is a violation of Saint Paul Legislative Code § 157.07(a). On August 1, 1996 you were obaerved working on a vehicle in the parking lot at 6:30 p.m. and 8:10 p.m. in violation of condition #5. � �. In Re the Licenses of Mary P. Fasching — d/b/a M.F. Automotive —, City's Exh. No. 5 . ` W � > � If you matter Council allowed letter present � �t�l -1�3 Oa August 7, 1996 at 1:30 a.m. sixteea vehicles were observed in your parking lot in violation of condition #3. Additionally, two "junked" vehicles behind the building had beea observed there for over one week, in violation of coadition #7 (All cars that are left ia long term storage - one week - will have all body parts intact and will be closed). don't dispute that the above incidents took place, this will be scheduled for hearing before the St. Paul City to determine what penalty, if any, to impose. You will be to speak on your behalf at that hearing. I will need a from you saying that you do not dispute the facts, to this matter directly to the City Council. On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Administrative Law 3udge (ALJ). You will receive a"Notice of Hearing," so you will know when and where to appear, and what the basis for the hearing will be, In either case, you should contact me within ten days from the date of this letter. If I do not hear from you, I will schedule the hearing before the AL3, and you may be held responsible for the costs of the hearing if you do not then appear and contest the facts. Please call me or have your attorney call me at 266-8710. Very truly yours, ��hl�� `uP/l Virginia D. Falmer Assistant City Attorney ec: Robert Kessler, Director, LIEP Christine Rozek, LIEP Julian Loscalzo, Exec. Director, Lexington-Hamline Council, 1160 Selby Ave., St. Pau1, MN 55104 Ed Bower, Community Organizer, Merriam Park and Hamline Community Council, 1573 Selby Ave., St. Paul, MN 55104 Community Snelling- Suite 311, . � -�� • • �� l �� STATE OF MINNESOTA ) Ss. AFFIDAVIT OF SERVICE BY MAIL COUNPY OF RAMSEY ) JOANNE G. CLEMENTS, being first duly swom, deposes and says that on August 28, 1996, she served the attached LETTER on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Ms. Mary P. Fasching M.F. Automotive 1728 Selby Avenue St. Paul, MN. 55104 (which is the last known address of said person) and depositing the same, wiCh postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 28th day of �ust,. 1996. THflYN J. McLAUGHLfN 7TARY PUBLIC - MINNESOTA RAMSEY COUNTY Page �_ Day. HSonth Date Year � 7 `iJ'l� �✓U!� ST. PAUL POLICE DEPARTMENT GENERAL REPORT ie: Squad: Team: �.�" /7� u/ .� Location of Crime Scene: 1�7��i S�2-��' � hrs.on and f�.'--� E hrs.'on�" Address: " "' .t�R ;'yL'.,�+ � `. �J`{ � � ,_ ,. _ !�lA�RATIYE :,� � �� `�rl - 1�� 'N�b '7z� L.lC �'N S �N �] Occurred Q At Q Between: / � UGu� � '� rt: � Records ❑ Crime lab Lxker _ _ [] Crima Lab � Property Room i�� `7 vh�e�� -h�, l tlQ� � f�/rD�s�v T�v�' C-�fL rr1't�€' @/ 7.� � SEL6 +� e -�u� �ll�i� c�oc1�-s va�v rf,cas , "o� Q 1� � 1 �UU(1��e� t7 Y&'ff1Gt ES ri� a2ee. -PIa-CIGir1� �o� .._ One._ w�S � lar� . -�i'�clL r,�,� '9a �u�s -�,� cZaes_.��. �.p�e�� -� �ia�l2 /zerin ✓r�*�✓�Q .�,r �sy� ��rne.- • a rrc o �e. . �,�fr eC€,�_. . _ ctpPear' -� � J ✓n ke� y �-e.�i�ri� �_�1�� _ -- ,¢ _ _-,tr��1� _�? �S�'�'t'Pr� Ca.c.� _ t/E �'r.�rrc-. �. 5� =�'1Ja� -Q� _ai�cts -�k..s l� tm �'�.. � rrrun tQ• - - - -- --- -- — — ---- - -- -- ----- - o?o<r�-s-�- - --_ _. _ _._ _------ . . - . _ - --- � -' - - �-- - �- -� - - -- - _._- • - ---_ - � .-.--.- _ . �`�S Ilv "' l�2�.pl2 �__ -l� �c�cr.��.e r.JPfG _ u �cr�tLf.i�- - on _ e� i�EJ-- --- - r%�v�v ,� . � _a rc�c�� c�- tn _ -1�. �acl.��- - L��- �.: _ ___�.__ T�j re��Q_-�. ��cr?-e� .rnr,vrr.�..�lrii�s.--� �1�Lbc�__!t?Q.c�..l_1_1_-{'�oa�a_- tr�,�'e .i1r�i-�_-- ��z� _cw✓n�-� -- �.sv �kz � ° ? ' �'�.� �c�'_�-- -s� � -h r _� _ r.ve� -� - �.v1_'�!vcu.� — ---- `S� �m �-�sc�z � s �<i- S�-3 � , - -- --- ---- �--------- -- - -- .� --- -- ---- - - -- ---___ -- — --- � '� F2 j`G3_�L�S "-- �Z�v�r.r� .�1.� .$�ur� �vu��ir�G �----- --- .�. "v��' �CO_ _ �i_ jl_ ��1�—� — �b�' UYL.. d`e�i _,1l�d�Lt�-r�--'�'- f�Gc[t`G`n°�_ -.� ��'- �CeJt;� �cV,t�� - l�. �S �-- �ev��.P_ err� -//> � �!_ -� inlel�e� �ehrcGc�, Wh cr� .h� pG��-- tU.-�_. .°1�tS_�_�.Q`fS`�I��S aficer. , � �r• • emp. no.: o:r: . �Ye ID Nom ❑ Rob ❑Juv ❑ Coord ❑ ID ❑ Lab ee am (— Burg Q Thek � Prop � CAU � FSF (] Auto (� DAO ❑ CO � � the Licenses of Mary P. Fasching dlb/a M.F. Automotive — City's Exh. No. 1 CONTINUE NARRATIVE HERE L�/i „t� / l � C,csv}4�n✓ecJ -� c,wt iG- w1 � �ed c,�l� � ��,n �t,� C�- wu�s ,✓i fY�, �pu c1G� r'.J 1�� '.��] ^!"��-s�,$�� lY`'i0c� "' c�.a.S?� H'�i S ' Ccv'vF-i�t�.� �t-o w cslt- ri✓i U�1f1 c c� �"' (",e r/� e�� ite.- . ?- 31- °Ji� - i g 3s Nn�s -- c �T�z.�.. ..,,, h..�; i, v��9 �i7 �c <-��... G .S��/c �.. /� ?�.� cs.4' �_�✓✓n p lGC r.�.e� �a /n-L -�v�a�- f�-E- �..'z.� 1�/! -�- c� rr ✓� �a-; �- >-f�x.s >-/t � c. �e ru,� S -fx.¢,- ,9v ;y mvr iv-�.^ G� /�tCc.c.� ��- C'.tnn�le,�eQ.c� �,�L�!{¢�Q � e;� -'fYac,��Z('• � o hs� rv �P -,� Ctm .� t'� 'h'�- °` h� � av�- y o 1 c� a n.`� . �'�'`}Cp G /£5 �v i�x-s - /�C-,ic.�ll e.�in.e_- , �9w �-� '�,�vv�lc.c,.� � �r.,,= �/�t.h�� .�..lz,�Le.. t� ;..rc...S �n �'t,�c.- Pc�rl.G, 1.,�. � - 7—�c� @ ca i 3 � �-� -� `'�C�Gir+< GO�' �QXGl�J:Sltn:4 � 1 J �1 .j�L�., Fjj �9�. C.c.vn � t c..e .� � c � �S r,�, -E+�- -Et,c. �`� �.; l k.ti� << f � K t �- �.4Y f�26tcl�eJ /i/o �' : `% x.� ,Z � ?�..r � -�u,�- -�� l�toure- h.�evti �voc� �� °�'� V� r..� ve c� l avc� ev�� r� �^-'l a.n 2-yCk �s� �) s�*�w' �'a.'� � �urn�s u�- o�-h�e- tn.o�o-tD . J�h�t�5 -�tn.a.,f- A.c��- p• c tc.�.D �✓� �- .-(ti�e, �u�- e�.t'e- o.F�� '��S �u.. c�9 dn �'i�- 5 i�^- t L" o(' � .d'�y Cc.�c - �a-F--1'v� , LC � t 5 5 G 1� w� ri.. L� �,' , § 310.05 LEGSSLATIVE CODE ` � ` � � � amount as the council deems reasonable and ap- propriate, having in mind the regulatory and en- forcement pw�wses embodied in the paztieular li- censing ordinance. A fine may be in addition to or in lieu of other adverse action in the sole discre- tion of the council. Tb the extent any other provi- sion of the Legislative Code prot�des for the im- position of a�fine, both provisions shall be read together to the egtent possible; provided, howev- er, that in the case of any con$ict or inconsistency, the other provision shall be controlling. (Code 1956, § 510.05; Ord. No.17551, § 2, 419-88; Ord. No. 17559, §§ 1, 2, 5-17-86; Ord. No. 17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. No. 9446, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94; C.F. No. 941340, § 2, 10-19-94; C.F. ".�TO. 95-473, § 4, 5-31-95} Sec. 310.06. Revocation; suspensioa; adverse actions; imposition of condi• tioas. (a? Council may t¢ke adverse uction. The coun- ciI is authorized to take sdverse action, as defined in section 310.01 above, against any or all licenses or permits, licensee or applicant for a license, as provided in and by these chapters. Adverse ac- tions against entertainment licenses issued under Chapter 411 of the Legislative Cocle may be inxta- ated for the reasons set forth ia subsection (b) below, or upoa any Iawful graunds which are com- municated to the license holder in writing prior to the hearing before the council. Such actians shall be initiated and carried out in accordance with the procedures outline in section 310.05; provid- ed, however, that the formal notice of hearing shall be used to initiate the adverse action without the use of prior procedural steps. (b) Basis for action. Such adverse action may be based on one (1} or more of the following rea- sons, which aze in addition to any other reason specificaily provided by law or in these chapters: (1) The license oz permit was procured by mis- representation of material facts, fraud, de- ceit or bad faith. (23 The applicant or one (1} acting in his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application. (3) The Iicense was issued in vioIation of any of the provisions of the Zoning Code, or the premises which are licensed or which are to be licensed da not comply with apgficable healtfi, housing, fire, zoning and building codes and regulations. (4) The license or permit was issued in vioIa- tion of law, without authority, or under a material mistake of fact. (5) The licensee or applicant has failed to com- ply with any condition set forth in the li- cense, or set forth ia the resolution grant- ing or renewing the license. (6) a. The licensee or applicant (or any per- son whose conduct may by law be im- puted to the licensee or applieant) has violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordi- nance or regulation reasanably related to the licensed aetivity, regardless of whether criminal chazges have or have nat been braught in connection there- with; b. T'he licensee or applicant has been con- victed of a crime that may disqualify said applicant from holding the license in question under the standards and procedures in Minnesota Statutes Chapter 364; or c. The licensee or applicant (or any per- son whose wnduct may by law be im- puted to the liceasee or applicant) fias engaged in or permitted a pattern or practice of conduct ot'failure to comply with laws reasonably related to the li- censed activity or from which an infer- ence of lack of &tness or good chazacter may be drawn. (7) The activities of the licensee in the licensed activity created or have created a serious danger to the public health, sa£ety or wet- faze, or the licensee perfortns or has per- formed his or her work or activity in an unsafe manner. (8) The licensed business, or the way in wirich such business is operated, maintains or per- Supp. No. 30 2030 �t `� - lt�3 LICENSES mits conditions that unreasonably annoy, injure or endanger the safety, health, mor- als, comfort or repose of any considerable nuanber of inembers of the publie. f9) Failuretokeepsidewalksorpedestrianways reasonablp free of snow and ice as required under Chapter 114 of the Saint Paul Leg- islative Gode. (10) The licensee or applicant has shown by past misconduct or unfair acts or dealings: phys- ical abuse, assaults or violent actions done to others, including, but not limited to, ac- tions meeting the definition of criminal sex- ual conduct pursuant to Minnesota Stat- utes Sections 6Q9.342 through 6Q9.3451; sesual abuse, physical airuse or maltreat- ment of a chitd as defined in Minnesota Stat- utes Section 626.556, subdivisions 2 and 10e, including, but not limited to, acts which con- stitute a violetion of Minnesota Statutes Sec- tions 609.Q2, subdivision 10; 609.321 through 609.3451; or 617.245; neglect or en- dangerment of a child as deSned in Minne- sota Statutes Section 626.557, subdivision 2; the manuf'actuze, distribution, sale, gift, delivery, traasportation, exchange or baz- ter of a controlled substance as deSned in Minnesota Statutes Chapter 152; the gos- session of a controIIed substance as defined in Minnesota Statutes Chapter 152 in such quantities or under circumstances giving rise to a reasonable inference that the pos- session was for the purpose of sale or dis- tribution to athers; or by the abuse of alco- hol or other drugs, that such licensee or applicant is not a person of the good moxal chazacter or &taess required to engage in a licensed activity, business or profession. (11} T'he licensee or applicant has materially changed or pertnitted a matersal change in the design, construction or configuration of the 19censed premises without the prior ap- proval ofthe city council in the case of Class III licenses, the director in the case of Class II licenses, and the inspector in the case of Class I licenses, or without first having ob- tained the proper building permits from the city. Supp. No. 30 2031 § 310.06 (12) The licensee or applieant has violated sec- tion 294.Oi of the Legislative Code, or has made or attempted to make a prohibited eg parte contact with a council member as pro- vided in section 310.05(c-2) of the Legisla- tive Code. The terms "licensee" or "applicant" for the pur- pose of this section shatl mean and include any person who has any interest, whether as a hoider of more than five (5) percent of the stock of a cor- poration, as a partner, or otherwise, in the prem- ises or in the business or activity which are li- censed or proposed to be licensed. With respect to any license for activities entitled ta the protection of the FirstAmendment, notwith- standing the foregoing provisions, neither the iack of good morai chazacter or fitness of the licensee or applicant nor the content of the protected speech or matter shatl be the basis for adverse action against the license or application. (c) Imposition of reasonable conditions ¢ndlor restrictivns. When a reasonable basis is found to impose reasonab3e conditions andlor restrictions upon a lieense issued or held under these chap- ters, any one (1) or more such reasonabTe condi- tions andlor restrictions may be imposed upon such Iicense for the puzpose of promoting public health, safety and welfare, of advancing the public peace and the elimination of conditions or aetions that constitute a nuisance or a detriment to the peace- ful ex�joyment of urban Hfe, or promoting security and safety in nearby neighborhoods. Such reason- able conditions andfor restrictions may include or pertain to, but are not limited to: (1) A limitation on the hours of operation of the lacensed business or establishment, or on pazticular types of activities conductQd in or on said business or establishment; (2) Alimitation or restrictiott as to the location within the licensed business or establish- ment whose (sicj particular type of activi- ties may be conducted; (3) A timitation as to the means of ingress or egress from the licensed establishment or its parking lot or immediately adjacent area; (4) A requirement to provide off-street parking in excess of other requirements of law; �'1 - L � 3 § 310.D6 LEGISLATIVE CODE (5) A limitation on the manner and means of advertising the operation or merchandise of the licensed establishment; (6) Any other reasonable condition or restric- tion limiting the operation of the licensed business or establishment to ensure that the business or establishment will harmo- nize with the chazacter of the area in which it is located, or to prevent the development or continuation of a nuisance. The inspector may impose such conditions on Class I licenses with the consent of the license hoIder, or may recommend the imposition of sucfi conditions as an adverse action against the license or licens- es; the inspector has the same power with respect to Class II licenses. The covncil may impose such conditions on Class III licenses with the consent of the license holder, or upon any class of license as an adverse action against the license or licens- es following notice and hearing as may be re- quired. Such conditions may be imposed on a li- cense or licenses upon issuance or renewal thereof, or upon and as part of any adverse action against a license or licenses, including suspension. Con- ditions imposed on a license or licenses shall re- main on such licenses when renewed and shall continue thereafter until removed by the council in the case of conditions on Class III licenses or conditions nnposed by adverse action, and by the inspector in the case of Class I and II licenses. (dJ Stand¢rds for multiple license determin¢- tion. In any case in which the council is autho- rized to take adverse action against less than all of the licenses held by a licensee, or applied for by an applicant, the following standards may be used: (1) The nature and gravity of the grounds found by the council to exist upon which the ad- verse action would be based; (2) The policp and/or regulatory goals for the particulaz licenses involved, either as em- bodied in the Legislative Code or as found and determined by the council; (3) The interrelationship of the licenses and their relative unportance to the overall busi- ness enterprise of the licensee or applicant; (4? The management practices of the licensee or applicant with respect to each of such licenses; (5) The e�ctent to wluch adverse action against less than all of the licenses or applications would result in di�culty in enforeing and monitoruxg the adverse action taken; (6) The hardslup to the licensee or applicant that would be caused by applying adverse action to all licenses or applications; and (�? T`he hardship andtor danger to the public, or to the public health and welfare, that wauld result from adverse action against less than all of the licenses or applications. tCode 1956, § 510.Q6; Ord. No. 17584, § 1, &25-85; Ord. No. 17657, § 15, 6-8-89; Ord. No. 17659, § 2, &-13-89; Ord. No. 17901, §§ 2, 3, 1-14-92; Ord. No. 17917, §§ 2, 3, 3-31-92; Ord. No. 17922, § 1, 4-28- 92; C.F. No. 94500, § 3, 7-6-94; C.F. No. 941340, § 3, 10-19-94; C.F. No. 95-473, § 5, 5-31-95) Sec. 310.07. Termination of licenses; surety bonds; insurance contracts. (a) Autom¢tic termin¢tion, reinsttttement; re- sponsibilityoflicensee. Alllicensesorpermitswhich must, by the provisions of these chapters or other ordinances or laws, be accompanied by the filing and maintenance of insuranee poficies, deposits, guarantees, bonds or certifications shall automat- ically terminate on cancellatian or withdrawal of said policies, deposits, bonds or certifications. No licensee may continue to operate or perform the licensed activity after such termination. The lic- ensee is liable and responsible for the filing and maintenance of such policies, deposits, guaran- tees, bonds or certifications as aze required in these chapters, and shall not be entitled to assert the acts or omissaons of agents, brokers, employees, attorneys or any other persons as a defense or justification for failure to comply with such filing and maintenance requirements. In the event the 2icensee reinstates and ffies such pol9cies, depos- its, bonds or certifications within tlurty (30) days, the license is autamatically reinstated on the same terms and conditions, and for the same period as originally issued. After thirty (36) days, the appli- cant must reappiy for a renewal of his license as though it were an original application. (b) Bonds ¢nd insurance requirements: (1) Surety Companies: All surety bonds run- ning to the City of Saint Paul shall be writ- Supp. No. 30 203$ �t �t - l � � § 422.OA LEGISLATSVE CODE highway or through highway or which abufis residential buildings, residentisl property or property whose use district elassification is anything other than I-1, 1-2 and I-3 In- dustriai District, except that the council may waive the requirement for such fence or wall or reduce the height of the same where a plan approved by the bixilding officiai pro- viding for a tree planting and landscaping program is carried out which will effective- ly screen the premises from public view. (2Q) No licensee shall receive any material for use in the licensed business from any per- son under the age of eighteen t18) years without the cvritten consent of the parent or guardian of such person, which shail be kept on file hy the licensee for at least one (1) year. (11) Licensees shall be subject to reasonable in- spection at reasonable tiznes 6y proper city officials as in the case of other licensed busi- nesses. 5ec, 422.05. License not transferable. Licenses issued hereunder shall not be trans- ferable. Sec. 422.Q6. RenewaF, revocation and sus- pension. (a) Any person to whom an initial license has been issued hereunder may obtain renewal there- of by filing an appiication with the insgector in- dicating any changes in the material submitted with the initial application. The inspector shall circularize the application to those officials who review initial applications and the license shall be granted of course by the council unless, in its judg- ment, reports from city agencies or from the pub- lic demand a formal hearing be heid. Any appli- cation hereunder from a person holding a license under Ckapter 408, as of the effective date of this chapter, with respect to an e�sting premises, shall be treated as a renewal provided the licensee agrees to abide by the terms of this chapter within ninety (90) days, but no initial licenses shall be granted hereunder for other premises except in I-Z, I-2 and I-3 Industrial Districts. (b) The council may revoke, suspend or refuse to renew the license of any person hereunder for any violation of this or any other ordinance of the city, or of any statute or regulation of the State of Minnesota or agency thereof. Chapter 423. Automobile Repair C:arage aad Body Shop* Sec. 423.01. License required. (a) Automobile rep¢ir garage. No person shall maintain or operate an automobile or motor vehi- cle repair gazage in Saint Paul without a license. This does not apply where the work performed is done by a gasoline filiing station licensed under Chapter 424 and consists of the usual serviciug of motor vehicles ordinarily performed at such sta- tions, such as the sale and installation of frost skuelds, radiator hoses, spark pings, batteries and battery cables, brake fluid, oil filters, fuses, fan belts, light bulbs and windshield wipers, or such serviee as draining radiators; provided, however, that if such gasoline filling stations engage in the business of repairing mechanical parts of motor vehicles, a license as provided herein shall be re- quired. (b) Body shop. No person shall maintain or op- erate an automobile body repair or automobile body painting shop, whether alone or in conjunction with another business activity, in Saint Paul with- out a license. (C.F. No. 941562, § 1, 11-16-94) Sec. 423.02. Fee. (a) Automobile repair garage. The fee required for an automobile repair garage, which is one in which motor vehicles are repaired, shall be estab- Iished by ordinance as speeified in section 310A9(b). •Editor's note—The license under this chapter, former�y codified as Ch. 315, derived from Code 1956, §§ 345.01— 345.03, as ameaded by Ord. No. 16883, adopted Feb. ll, 1982, and was reclassiSed fzom Class I to Class III licease by Ord. No. 17207, adopted Jan. 31, 1985, and zecodified as Ch. 423. Cross references—MoWr vehide and parts dealen, Ch. 401; junkyards and junk dealers, Ch. 408; motor vehicle sai- vage dealer, Ch. 422. Supp. No. 28 2220 �-�-t�� LICEI.BES (b) Body shop. The fee required for an automo- bile body regair shop ar an autamobile body paint- ing shop, which is a shop in the husiness of mak- ing major or substantial repairs to the shell or body of an automobile, and of major or substantial painting or repainting of the shell or body, shaIl be established by ordinance as specified in section 310.03(b). - (C.F. No. 941562, § 2, 11-16-94) Crass reference—Annual iacreases in license fees, § 310.16. Sec. 423.Q3. Business hours. Where a reasonable basis is found by the coun- cil to e�dst and to protect the adjacent groperty and the public peace, health and safetp, the coun- cil, upon issuing a new license or renewing a ti- cense, may impose as a condition on the license a limitation as to the hours when the husiness may remain open. Chapter 424. Gasoline Fi3iing Stations• Sec. 424.01. License required; de&nition. (a} No persan shall engage in the business of keeping, maintaining or operating anp gasoline filling station in Saint Paul without a license. (b) A"gasoline filling station" means and in- cludes any place, building, pump or device main- tained and used on private premises or upon any public place for the main purpose of selliag or dispensing gasoline, oil or any automotive fuel for use in motor vehicles of any kind. Sec. 424.02. Fee. T'he fee required, where the gasoline fi119ng sta- tion is located wholty on private property, is as follows: for each station having three (3) pumps or fewer, fifty-three dollars ($53.00); and for each sta- 'Editor's note—The license under this chapte; formerly codified as Ch. 335, derived fmm Code 195&, §§ 351.Q7, 351.a2, 351.04--351.07, 389.02, as amended by Ord. No.16S83, adopb ed Feb. 11, 1982, and was reciassified from Class I to Class III license by Ord. No. 17208, adopted Jan. 31, 1985, and recod- i5ed as Ch. 424. Cross refereaces--Fue3 dealers in liquid fuel, Ch. 332; private fuet pumps, Ch. 336. Supp. No. 30 2221 § 424.06 tion having four (4) pumps or more, fifty-three dollars ($53.00) plus eleven doIlars ($11.00) for each pump in eacess of three (3}. Cross refernncc Anava] increases in license fees, § 310.1&. See. 424.03. Permi� It shall be vnlawfiil for any person, firm or cor poration to install, operate or maintain any curb pump or other gasoline dispensing device oa any public street, alley or other public progerty within the City of Saint Paul; provided, that the council by ordinance may grant a temporary permit, re- vocable at the pleasure of the council, for tha in- stallation, maintenance and operation of such fa- cilities in any public highway and without the portion thereof designed for vehicular traffic, ex- cept ia a district classified as residential by �irtue of the zoning code, when such facilities shall be installed, maintained and operated exclusively for the suppIying of gasoline not for public sale, but for private use in and upon the abutting premises; provided, that there be compliance with Chapter 336. Se c. 424.04. Inspecti on. It shall be the duty of such members of the dr partment of fire and safety services as the direc- tor thereof may detail for such duties to inspect all such filling stations at various and reasonable times for the purpose of ascertaining whether the provisions of all ordinances and Iaws_ pertaining to precaution against damage from fire have been complied with in the construction, operation and maintenance of said filling statioas, aud to en- force the same. Such in �ection may also be made at any reasonable time for the purpose of ascer- taining whether construction, remodeling or re- pairs have been accomplished in accord with plans or specifications required to be frled with the city. Sec. 424.05. 2Yansfer. Licenses shaii not be transferable. (C.E No. 95-474, § 1, 5-31-953 Sec. 424.06. Business hours. Where a reasonable basis is found by the coun- cil to exist and to protect the adjacent property and the public peace, health and safety, the coun- �t,`1- l �� .� (b) Ctass IZ licerzses. Where an application for the gtant, issuance or renewal of a Class II license meets all tfie requirements of law, and there exists no ground for denial, revocation or suspen- sion of, or the imposition of conditions upon, such 2icense, the director shall grant, issue or renew said licensein accordance'with the application. (c) Class I and Class II licenses, if denied by directar. in the event the director, in the case of both Ciass I and Class II licenses, determines that the application for grant, issuance or re- newal of the license does not meet all the require- meats of law' or that there exist grounds for denial, revocation, suspension or other adverse action against the license or the licensee, the dSrector shall recommend denial of the applica- tion and follow the procedures for notice and hearing as set forth in section 310.05. (d3 Class III Zfcenses. (1) Grant, issuance or transfer. Upon receipt of a fully cAmpieted agplication and required fees for a Class III license, and after the investigation required, the director shall notify the eonncil. A public hearing shall be held on the grant or issuance of alI Class III licenses. In any case where the director recommends denial of the grant, issuance or renewal of a Class III iicense, or where the counril believes that there is evidence which might result in action adverse to the original or renewal application, the direc- tor on his or her own initiative, or at the direction of the council, shall follow the procedures for notice and hearing as set forth in section 310.05. Where the applica- tion far the grant, issuance or renewal of a Class III license meets aII the require- ments of taw, and where there ea no ground for adverse action, the eouncil shall by resolution direct that the director issue such license in accordance with law. t2) Rerxewat. The director shall ia writing na tify the council, and the affecfed neighbor- hood organization(s7 established for citizen participation purposes, at least sixty (60) days before the expiration date of all Class III licenses. A public hearing on the re- newal o£ any such license shail not be held Supp. No. 83 LICENSES § 310.05 e�cept on the request of a counciimember, which request shall be incorporated in the fozm of a council resolution. Upoa the pas- sage of such resolution, the director shall give written notice of such hearing to the affected neighborhood urganizations. Such public hearing does not re�'ace or amend any of the procedures set forth in section 310.05 of the Legislative Code. if no re- quest for a public hearing is made before the expiration of any such license, and where there exists no ground for adverse action, the director shall issue the license in accordance with law. (e) Appeat; Cldss 1 or Class 77 Zicenses. An appeal to the city council may be taken by any person aggrieved by the grant, issuance' oi re- newal of a Class I or Class II license•, provided, however, that the appeal shall have been filed with the city clerk within thirty t30) days after the action hy the director. The only grounds for agpeal shall be that there has been an enor of law in the �ant, issuance or renewal of the license. The appeal shall be in writing and shall set forth in particular the alleged enors of law. The council shall conduct a hearing on the appeal within thirty (3Q) days of the date of filing and shall notify the licensee and the appellant at least ten (16) days prior to the hearing date. The prcee- dures set forth in section 310.05, insofar as is practicable, shall apply to this hearing. Following the hearing, the council may affirm or remand the matter to the inspectAr or director, or may reverse or place conditions upon f,he license based on the council's determination that the deeision was based on an error of iaw. The filing af an appeal shall not stap the issuance of the license. (fl No waiver by renewal. The renewat of any license, whether Class I, II or III, shall not be deemed to be a waiver of any past violations or of any gounds for impositSon of adverse aetion against such license. (Code 1956, § 510.04; Ord. No.17455, § 1, 5-21-87; Ord. No. i7551, § 1, 419-88; C.E No. 94500, § 1, 7-6-84; G.F. No. 95-473, § 3, 5-31-95; C.F. No. 95-1517, 1-31-96? Sec. 310.05. Hearing procedures. (a) Adverse actr:on; notice arzd hearing require- ments. In any case where the c�uacil may or 2027 ��- l�� § 310.05 LEGLSLATIVE CODE intends to consider any adverse action, including the revocation or suspension of a license, the imposition of conditions upon a license, or the denial of an application for the grant, issuance or renewal of a license, or the disapproval of a license issued by the State of Minnesota, the appficant :,r licensee shail be given natice and an opportunity to be heazd as provided herein_ The counca`1 may consider such adverse actions when recommended by the inspector, by the director, by the director of any executive department estab- lished pursuant to Chapter 9 of the Charter, by the city attorney or on its own initiative. (b) Notice. In each such case where adverse action is or wiil be considered by the council, the applicant or licensee shall have been notified in writing that adverse action may be taken against the license or application, and that he or she is entitled to a hearing before action is taken by the council. The notice shall be served or mailed a reasonable time before the hearing date, and shall state the place, date and time of the hearing. The notice shall state the issues involved or gzounds upon wtuch the adverse action may be saught or based. The council may request that such written notice be prepared and served or mailed by the inspector or by the city attomey. (c) He¢ring. Where there is no rlispute as to the facts underlying the violation oz as to the facts establishing mitigating or aggravating circum- stances, the hearing shall be held before the couneil. Othercvise the hearing shall be conducted before a hearing examiner appointed hy the coun- cil or retained by cotttract with the city for that purpose. The applicant or the licensee shall be provided an opportunity to present evidence and aro �ment as well as meet adverse tzstimony or evidence by reasonable cross-esaznination and rebuttat evidence. The hearing examiner may in its discretion permit other interested persons the opportunity to present testimony or evidence or othercvise participate in sueh hearing. (c-1) Procedure; he¢ring examiner. The hearing egaminer shatl hear all evidence as may be pre- sented on behalf of the city and the applicant oz licensee, and shall gresent to the council written findings of fact and conclusions of law, together with a recommendation for adverse action. The council shall consider the evidence con- tained in the record, tize hearing esaminer's rec- ommended findings of fact and conclusions, and shall not consider any factual testimony not pre- viously submitted to and considered by the hear- ing examiner. After receipt of the hearing egaminer's findings, conclusions, and recommen- dations, the couucil shall pravide the applicant or licensee an opportunity to present oral or written azguments alleging error on the part of the exam- iner in the application of the law or interpzetation of the facts, and to present argument related to the recommended adverse action. Upon conclu- sion of that heariug, and after considering the record, the examiner's findings and recommenda- tions, together with such additional arguments presented at the hearing, the counciT shall deter- mine what, if any, adverse action shall be taken, which action shall be by resolution. The council may accept, reject or modify the findings, conclu- sions and recommendations of the hearing exam- iner. (c-2) Ex parte contacts. If a license matter has been scheduled for an adverse hearing, council members shall not discuss the license matter with each other or with any of the parties or interested persons involved in the matter unless such dis- cussion occurs on the record during the hearings of the matter or during the council's final deiiber- ations of the matter. No interested person shall, with lmowledge that a license matter has been scheduled for adverse hearing, convey or attempt to canvey, orally or in writing, any information, argument or opinion about the matter, or any issue in the matter, to a council member or his or her staf£ until the council has taken final action on the matter; provided, however, that nothing herein shall prevent an inquiry or communica- tions regarding status, scheduling or procedures concerning a license matter. An interested person, for the purpose of this paragtaph, shall mean and include a person who is an officer or employee of the licensee which is the subject of the scheduled adverse hearing, or a person who has a financial interest in such licensae. (d) Licensee or applicant may be represented. The licensee or applicant may represent himself or choose to be represented by anothen Supp. No. 33 2028 �(�- �G3 ,� t LICEA*SES te? Necord; eaidence. The hearing examiner shall receive and keep a record of such proceedings, including testimony and eghibits, and shall re- ceive and give weight to evidence, inciuding heaz- say evidence, which possesses probative value com- monly accepted by reasonable and prudent persons in the conduct of their affairs. (� Councit actiorz, resolutiorz to contairc find- ings. Where the council takes adverse action wSth respect to a license, licensee or applicant for a license, the resolution by which such action is tak- ea shall contain its findings and determination, including the imposition oF conditions, if any. The council may adopt all or part of the findings, con- clnsions and recommendations of the hearing ex- aminer, and incorporate the same in its zesolution talang the adverse action. (g) Elddition¢I proceduns where requirnd. 4Vhere the provisions of any statute or ordinance require additional notice or hearing procedures, such pro- visions shalI be complied with and shall super- sede inconsistent pmvisions of these chapters. This s&aIl include, without limitation by reason of this specific reference, Minnesota Statutes, Chapter 364 and Minnesota Statutes, Section 340A415. (h) Discretion to hear rzotwithstandirzg mith- draw¢Z or surrender of appZication or Zicense. The council may, at its discretion, conduct a hearing or direct that a hearing be held regarding revocat5on or denial of a license, notwithstanding that the applicant or licensee has attempted or purported to withdraw or surrender said license or applica- tion, if the attempted withdrawal or surrender took piace after the applicant or 2icensee had been notified of the hearing and potential adverse ac- tion. ti? Corztirzuances. Where a hearing for the pur- pose of considering revocation or suspension of a license or other discipIinary action involving a li- cense has been scheduled before the council, a continuation of the hearing may be granted by the council president or by the council at the request of the licensee, license app2icant, an interested person or an attorney representing the foregaing, upon a shovring of good cause by the party making the request. Supp. No. 30 2029 § 310.05 (j} If'the counciI Smposes an adverse action as defined in section 310.01 above, a generic notice of such action shall be prepazed bq the license in- spector and posted by the licensee so as to be vis- ible to the public during the effective period of the adverse action. The licensee shall be responsible for taidng reasonable steps to m2ke sure the na tiee remains posted on the front door of the li- censed premises, and failure to take such reason- able precautions may be grounds for further adverse action. (k) Imposition of costs. The council may impose upon any licensee or license applicant some or all of the costs of a contested hearing before an inde- pendent hearing examiner. The costs of a contest- ed hearing include, but are not limited to, the cost of the administrative law judge or independent hearing examiner, stenographic and recording costs, copying costs, city sta$' and attomey time for which adequate records have been kept, rental of rooms and equipment necessary for the heaz- ing, and the cost of e�cpert witnesses. The council may impose all or gart of such costs in any given case if (i1 the position, claim or defense of the licensee or applicant was frivolous, azbitrary or capricious, made in bad faith, or made for the pur- pose of delay or harassment; {ii) tlxe nature of the vioiation was serious, or involved violence or the threat of violence by the licensee or emplayees thereof, or involved the sale of drugs by the lic- easee or employees thereof, and/or the circum- stances under which the violation oceuired were aggravated aad serious; (iii) the violation created a serious danger to the public health, safety or welfaze; (iv) the violation involved unreasonable risk of harm to vuinerable persans, or to persons for whose safety the licensee or applicant is or was responsibie; (v? the apglicant or liceasee was sufficiently in control of the situation and there- fore could have reasonahly avoided the violation, such as but not limited to, the nonpayatent of a required fee or the failure tA renew required in- surance policies; (vi) the violation is covered by the matrix in section 4Q926 of the Legislative Code; or (vii) the ��ioIation involved the sale of cigarettes to a minor. (1) Imposition of fcnes. The council may impose a&ne upon any licensee or license appiicant as an adverse license action. A fine may �e in such § 310.05 ��-f�� LEGISL.9TIVE CODE amount as the council deems reasonable and ap- propriate, having in mind the regulatory and en- forcement gurposes embodied in the particular li- censing ordinance. A fine may be 9n addition to ar in lieu of other adverse action in the sole discre- tion of the wuncil. 7b the extent any other provi- sion of the Legislative Code provides far the im- position of a fine, both provisions shall be read tagether to the extent possible; provided, howev- er, that in the case of any conflict or inconsistency, the other provision shall be conttolling. tCode 1956, § 510.05; Ord. No.17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88; OrtL No. 17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-14-92; C.F. No. 94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94; C.F. No. 941340, § 2, 10-19-94; C.F. No. 95-473, § 4, 5-31-95) Sec. 310.06. Revceation; suspension; adverse actions; imposition of condi- tions. (a) Council m¢y take aduerse ¢ction. The coun- cil is authorized to take adverse action, as defined in section 310.01 above, against any or all licenses or permits, licensee or applicant for a license, as provided in and by these chapters. Adverse ac- tions against entertainment licenses issued under Chapter 411 of the Legislative Code may be initi- ated for the reasons set forth in subsection (b) be2ow, or upon any lawful grounds which aze com- municated to the license holder in writing prior to the hearing before the council. Such actions shall be initiated and carried out in accordance with the procedures outline in section 31Q.05; provid- ed, however, that the formal notice of hearing shall be used to initiate the adverse action without the use of prior procedural steps. (b) Basis for ¢etion. Such adverse action may be based on one (1) or more of the following rea- sons, which are in addition tA any other reason specifically provided by law or in these chapters: (1) The license or permit was procured by mis- representation of material facts, fraud, de- ceit or bad faith. (2) The applicant or one (1) acting in his or her behalf made oral or written misstatements or misrepresentations of materiaI facts in or accompanying the application. Supp. No. 30 2030 (3} �e license was issued in violation of any of the provisions of the Zoning Code, or the premises which aze licensed or which are to be licensed do not comply with applicable health, hausing, fire, zoning and building codes and regulations. (4) The license or permit was issued in viola- tion of law, without authority, or under a material mistake of fact. (5) The licensee or applicant has failed to com- ply with any condition set forth in the li- cense, or set forth in the resolution gran� ing or renewing the license. (6) a. The licensee or applicant (or any per- son whose conduct may by law be im- puted to the licensee or applicant) has violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordi- nance or regulation reasonably related to the licensed activity, regardless of whether criminal charges have or have not been broe�ght in connection there- with; b. The licensee or applicant has been con- victed of a crime that may disqualify said applicant from holding the license in question under the standazds and procedures in Minnesota Statutes Chapter 364; or c. The licensee or applicant (or any per- son whose conduct may by law be im- guted to the licensee or applicant) has engaged in or permitted a pattern or practice of conduet of failure to compiy with laws reasonably related to the li- censed activity or from which an infer- ence of lack of fitness or good character may be drawn. (7) The activities of the licensee in the licensed activity created or have created a serious danger to the public health, safety or wel- fate, or the licensee performs or has per- formed his or her work or activity in an unsafe manner. (8? The licensed business, or the way in which such business is operated, maintains or per- � �� - �� Lic ID .................•- STAT ..................... Business Name............ Address .................. Zip ..........•••........_ Doing Business As..._.... License Name ............. Exp Date ................. Insurance Carrier........ Ins_ Policy Number....... Insurance Effective Date. Ins. E�iration Date..... NOTE AREA ................ 14762 RS FASCHING, MARY P 1728 SELBY AVE 55104 M.F. AUTOMOTIVE AUTO REPAIR GARAGE 12J16f96 INSP CHANGE FROM 02 TO O1 ON 4/09j92 12002 021188 PH ON AFPN FOR GENERAL REPAIR GARAGE LICENS E APP'D W/CONDITIONS C.F. 88-209 checked 10/28J94 in compliance at time of insp.however,this busines s requires frequent monitoring.R JENTS 10/30J95 CONTACTED MARY F.AND DICUSSED EACH INDIVI DUAL RESTI2ICTION.IT APPEARS THAT THE RESTRICTION T HAT STATES THAT ALL CARS THAT ARE LEFT IN LONG TER Press <RETURN> to continue... Alt-2 FQR IiELP° VT102 ° FDX ° 9600 S71 ° LOG CLOSSD ° PRINT OFF ° TaxId ................... Worker Comp Exp Date..... Telephone ................ M STORAGE WILL HAVE ALL BODY PARTS INTACT.I BROUGH T TO MARY'S ATTENTION THAT THEY WERE IN VIOLATION OF TFiIS RESTR.AND SHOWED HER A GMC TRUCK 612-HRSWf Q A FRONT CLIP,SHE SAID THAT SOMEONE LEFT IT THERE I ASKED HER WHO,SHE STATED SHE DID NOT KNOW.I TOLD HER TO REMOVE AS SOON AS POSS.SHE PROMISED TO COM PLY.THIS BUS.REQUIRES MUCH MONITORING.WILL KEEP AI3 EYE ONTHIS,HOWEVER MARY THINKS SHE IS BEING FiARRAS 3985334 646-Q032 Press 'C' to continue, 'P' to print, or 'R' to redisplay... lt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° � . In Re the Licenses of Mary P. Fasching — d/b/a M.F. Automotive — City's Exh. No. 3 Date: Aug 9 DBA:M.F. AUTOMOTIVE RESTRICTIONS INQUIRY SCREEN LICENSE ID: 14762 ��_lt�� R��.��`� ° � AUG 27 1996 NOTE: 1:021188 PH ON APPN FOR GENERAI, REPAIR GARAGE LICENS 2:E APP'D WITH CONDITIONS AS FOLLOWS C.F. 88-209 ��ZY 3:1. NO ON STREET REPAIR. 4:2. THfi THREE OFF-STREET PARKING SPOTS ON fiHE SITE 5: OF THE BLTSINESS NEXT TO HERSCHEL STREET WILL BE U 6: SED BY CtSSTOMERS AISD EASPLOYEES . 7:3. THE PARKING LOT CAN HOLD NO MORE THAN 12 CARS S:BOTH DiTRING AI3D AFTER BUSINESS HOURS. 9:4. NO CARS BE LEFT IN THE PARRING LOT ON A 3ACK 0 10:R LIFT. 11:5. ALL MAINTENANCE WORK WILL BE DONE II3SIDE THE B 12 : UII�DIIdG. 13:6. NO TOOLS OR PARTS WILL BE STANDING 013'PSIDE THE 14: BUILDING. 15:7. AL,L CARS 7'HAT ARE LEFT IN LONG TERM STbRAGF. (1 230TE:16: WEEX) WILL HAVE ALL BODY PARTS INTACT AND WILL BE 17: CLpSED. 18:8. IF OVER THREE VERIFIABLE COMPI,AINTS ARE RECEIV 19:ED WITHIN SIX MONTHS, THE COUNCIL WOULD CONSIDER T 20:HAT CAUSE FOR REVOCATION. 21- aa: 23• 24: 25: 26: 27• 28- 29: 30: A��Y . �, In Re the Licenses of Mary P. Fasching ; —' d!b!a M.F. Automotive — Ciry's E�. No. 4 ;. OFFICE OF TF� CITY ATTORNEY TvnoJhy & Mars, Ciry A#orney �� t CITY OF SAINT PAUL Narnr Colemmr, Mayor September 10, 1996 � � '--. � , �;';`� � Civil Divirion C5 ��.� 400 City Ha11 � 2 �� ! i° 1 c'�, saw P� 11 .+� o� ssroz EP { ;U ( L 'Iiit t �S t; � l i i+i 17�fi!"�ii7�\ xC NOTICE OF HEARING Ms. Mary P. Fasching M.F. Automotive 1728 Selby Avenue Saint Paul, Minnesota 551�4 Telephane: 612 266-8710 Facsarsile: 672 298-5619 RE: All licenses held by Masy P. Fasching d/b/a M.F. Automotive for the premises located at 1728 Selby Avenue, St. Paul Our File Number: G96-0405 Dear Ms. Fasching: Please take notice that a hearing will be held at the fallowing time, date and place concerning all licenses for the premises stated above: Date: Thursday October 24, 1996 Time: 9:30 a.m. Place: Room 220,-Coaference Rm B Board of County Commissioners St. Paul City Hall 15 W. Rellogg Blvd. Saint Paul, NaT. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: James Ranum Fifth Street Towers, Suite 1960 150 South Sth Street Mianeapolis, 2�T. 55402 Telephone: 333-7579 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adyerse action may include revocation, suspension, fines and other penalties or conditions. -� ��— lc�� Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows: �,a �� .� EY�,,- � lo � 4 �, � � �3 On JulY 24, 1996, you were in violation of condition #3 oa your license (The parking lot can hold no more tizan 12 � cars both duriag and after busiaess hours.? Sev_r*+*>�n � cars were observed in the lot. Additionally �a vehicle �e axcd.oil and gas tanks were observed on t3 ground outsi�e the building, in violation of condition #6 (No tools or parts will be standing outside the building.) d On Julv 25�1996, you were in violation of coaditioa #5 oa your license (All maintenance work will be done inside the building.) when peo�le were observ�d workinq on a red Piate in *_he parkiag lot. �j Oa Suly 28, 1995 you were in violation of condition #5 on your icease w ea work was being done on the red Pinto in the varkina lot at 11:35 a.m., . v.m., 4:30 n.m.._5:15 t '_.. �� W o.., �ti�� pn Jul 31 §� were observed blocking Herschel reet tr� traffic `1�y.� arking a trailer so tha�ther vehicles could not get through. This is a violation of Sai au egi e o e 157.07(a). � On August 1, 19 ou were observed working on a vehic e i� king lot at 6:3 aad 8:10 p.m. in vio aEion o condition #5. � On Auguat 7, 1496 at 1:30 a.m. sixteea vehicles were �bsex�re3> in � parking lot ia violatioa of condition #3. Additionally, two "junked" vehicles behind the � ilding had be�n observed th�ere for over oae week, ia violation ot condition #7 (All cars that are left in long �� term storage - oae week - will have all body parts intact and wi11 be elosed). You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with af Minnesota Statutes sections 14.57 to 14.62 and procedures under section 310.05 of the Saint Paul as may be applicable. the requirements such parts of the Legislative Code At the hearing, the Administrative Law Judge will have all parties Notice of Hearing - Page 2 i� ° L (1 - �� identify themselves for the record. The City wi11 then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Con�lusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you wi13 or may need to supgort ycur positior,. Subpoeras may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Very truly yours, �� Virginia D. Palmer Of£ice of the City ?�ttorney cc: Nancy Thomas, Office of Administrative Hearings 100 Washington Square, Suite 1700, Mpls., MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP � Christine Rozek, LIEP Sulian Loscalzo, Exec. Director, Lexington-Hamline Community Council, 1160 Selby Ave., St. Paul, MN 55104 Ed Bower, Community Organizer, Merriam Park and Snelling- Hamline Community Council, 1573 Selby Ave., Suite 311, St. Paul, MN 55104 Notice of Hearing - Page 3 c ��-(�� Parking Marking "WE PUT GARS IN LINE" EXPERTS IN TRAFFIC CONTROL 1729 SELBY AVENOE SAINT PAUL� MINNESOTA S5iO4 BOB RtTTER JACK HANSEN October 23, 1996 TO WHOM IT MAY CONCERN: We understand that a complaint has been filed against Mary Fasching and her automobile repair business at 1728 Selby Avenue. PfiONE: 690-4340 Parking Marking, Inc. has been located at 1729 Selby Avenue for the past 15 years, and we have had no prob- lems conducting our business due to their parking of cars on the street, PARKING MARKING, INC. �� ohn R. Hansen ��ice President JRH:rch 1CeS�e��'�� f # a � FREEESTIMATES• GUARANTEEDVJORK WHEELER HARDWARE CO. OFFICES AT: P.O. BOX 4305 V24 SELBY AYENUE ST. PAUL, MINNESOTA 55704 Phone:645-4501 Area:672 Fax: 645-9943 October 23, 1996 To whom it may concern: We understand that a complaint tias been filed against the business lacated at 1728 Selby Ave. �,� .1� � DOOR and fRAME SHOP 3650 NORTH KENT STREET 5T. PAUL, MINNESOTA 55726 Phone: 4849607 Faz: d84-9460 This business has never hindered our business operation and has always been considerate with their vehicles. We have never had a problem with the street being blocked from this business. Sincerely, � � Kirk��ler Wheeler Hardware Company �G �' l T X Irt r�r I � CITY OF SAINT PAI7L Narm CaTemmt, Mayor September l�, 1996 OF'FIC�F TI� CITY ATTORNEY Timo[h�larx, Ciry Attomey c l'1 � ►,�3 Civil Division 400 City Hall IS West KelloggBlvd Sa'nu Pau� M'mnesom SSIO2 Telephone: 612 266-87I0 Facsimile: 672 298-5619 NOTICE OF HEARSNG Ms. Mary P. Fasching M.F. Automotive 1728 Selby Avenue Saint Paul, Minnesota 55104 RE: All liceases held by Mary P. Fasching dlbfa M.F. Automotive for the premises located at 1728 Selby Avenue, St. Paul Our File Number: G96-0405 Dear Ms. Fasching: Please take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises stated above: Date: Thursday October 24, 1996 Time: 9:30 a.m. Place: Room 220, Conference Rm B Board of County Commisaioners St. Paui City Aall 15 W. Kellogg Blvd. Saint Paul, 2�T. 55102 The hearing will be presided over by an Administrative Law Judge from the Statie of Minnesota Office of Administrative Hearings: Name: James Ranum Fifth Street Towers, Suite 1960 150 5outh Sth Street Mianeapolis, 2�i. 55402 Telephone: 333-7579 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses £or intoxicating and non-intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. � t � In Re the Licenses of Mary P. Fasching J -' d!b!a M.F. Automotive City's Exh. No. 6 � � �� - 1��3 Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows: On July 24, 1996, you were in violation of condition #3 on your licease (The parking lot can hold no more than 12 cars both during and after busiaess hours.} Seventeen cars were observed in the lot. Additionally, a vehicle frame and oi1 and gas tanks were observed on the ground outside the building, ia violatioa of conditioa #5 (No tools or parts will be standing outside the building.) Oa July 25, 1996, you were in violation of condition #5 on your license (All maintenance work will be done inside the building.) when people were observed working on a red Pinto in the parking lot. On July 28, 1996 you were in violation o£ condition #5 oxi your license when work was being done on the red Pinto in the parking lot at 11:35 a.m., 4:00 p.m., 4:30 p.m., 5:15 p.m. and 8:45 p.m. On July 31, 1996 you were observed blocking Herschel Street to traffic by parki.ag a trailer so that other vehicles could not get through. This is a violation of Saint Paul Legislative Code § 157.07(a). �n August l, 1996 you were observed working on a vehicle in the parking lot at 6:30 p.m. and 8:10 p.m. in violation of conditioa #5. On August 7, 1996 at 1:3U a.m, sixteea vehicles were observed in your parking lot in violation of condition #3. Additionally, two "jwnked" vehicles behind the buildiag had been observed there for over one week, in violation of condition #7 (All cars that are left in long term storage - one week - will have all body parts intact and will be closed). You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized praatice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul I,egislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties Notice of Hearing - Page 2 •� � � °�'�l -- !�S identi£y themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then o£fer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; £or example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules; part 1400.7000. If you think that a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Very truly yours, �� .� C-�..� Virginia D. Palmer Office of the City Attorney cc: Nancy Thomas, Office of Administrative Hearings 100 Washington Square, Suite 1700, Mp1s., MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Julian Loscalzo, Exec. Director, Lexington-Hamline Community Council, 1160 Selby Ave., St. Paul, MN 55104 Ed Bower, Community Organizer, Merriam Park and Snelling- Hamline Community Council, 1573 Selby Ave., Suite 311, St. Paul, MN 55104 Notice of Hearing - Page 3 . . _ � G� � - Z�3 STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) � AFFIDAVIT OF SERVICS 8Y MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on September 11, 1996, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Ms. Mary P. Fasching M.F. Automotive 1728 Selby Avenue St. Paul, MN. 55104 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this lith day of September, 1996. �� - Notary Publi� � R1TA M. BOSSARD � - NOTAflYPUBLIC-MINNESOTA aannsev couNnr My Comm. 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" s'T ss � � > . ! ° �pk� '` S �" " xi . %� . � ��, � K �Y* 4 Y �� + +k: � r. s a T .. 5 ��'mv.--' Rc3.� -'"'. � �� -� � "# � g� . . �� , : . ,� ' . °e, °- f:, � s � � � � � �� Council Eile # c l� ��e3 . i ` Green Sheet # ;�('��-/\lv RESOLUTION GITY OF SAINT PAUL, MINNESOTA 1 , �.7 Presented By Referred To 1 2 3 4 5 b 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ?2 23 24 25 2b Committee: Date WHEREAS, an adverse license action was initiated against the licenses of Mary P. Fasching, dlb/a M,F. Automotive by the Office of License, Inspections and Environmental Protection; and WHEREAS, a hearing was held before an Administrative Law Judge who issued Findings of Fact, Conclusions and a Recommendation to the City Council on November 14, 1996; and WHEREA5, Exceptions to ttie Findings of Fact, Conclusions and Recommendation were filed on behalf of the O�ce of LIEP; and WHEREAS, a public heazing was heid on February 5, 1997 before the Saint Paul City Council; now, therefore, be it RESOLVED, that a fine in the amount of One Thousand Dollars ($1,000) be imposed on the automotive repair gazage license held by Mary P. Fasching, d!b!a M.F. Automotive for the premises located at 1728 Selby Avenue in the City of Saint Paul, said fine to be payable within thiriy (30) days of the adoption of this Resolution. This Resolution and the action taken above are based upon the Findings of Fact and Conclusions of Law as amended by the City's Exceptions to the Findings, Conclusions and Recommendation filed on behalf of the Office of License, Inspections and Environmental Protection, and such arguments as were presented to the City Council at the public hearing on this matter. Requested by Department of: By: Form Approved by Cit ttorney Adopted by Council : Date � `�p , �q , }� Adoption Certified by Council Secretary BY: �, B �'� t -�o- � Approved by Mayor for Submission to �pproved by Mayor: Da�ll� Council , � �' v '---� By: Office of City Attorney 266-8710 `��1-�b3 380� 6 INITfAi1DATE � CENCOUNCIL � CITY CLERK � FIN. & MC�L SERVICES DIR. ❑ z-ii=i99� GREEN SHEET INITIAVDATE— � OEPARTMENTDIRECTOfi �WN � GTYAiTORNEY ABER FON Ii1NG � BU�GET DIRECTOR �p O MAYOR (Op ASSISTAIJ'n TOTAL # OF SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATURE) Finalizing City Council action taken on December 4, 1996, concerning adverse action against licenses held by Mary P. Fasc3vng, DBA M.F. Automorive, 1728 Selby Avenue. y PIANNING COMMISSION _ CIYIL SERVICE COMMISSION CIB COMMITTEE _ 9TAFP _ �BTRICTCOURT _ ORTS WHICH COUNGL O&IECTIVE? PROBLEM, ISSt1E. PERSONAL SEHVICE CONTRACTS MUST ANSWER TFiE POLLOWING QUESTIONS: 1. Has [his personrfirm ever worksC under a contract for this Gepartment? YES NO 2. Has this perso�lfirm ever 4een a city empbyee? YES NO 3. Does this personttirm possess a skill frot fwrmally possegsed by any cunent ciry em0�q'ee? YES NO Explain all yes answers on separate sheet and attaeh to green ahcet Cota�cil Resear Center I� �B 1 I ��9? MOUNT OF TRANSACTION SOURCE NFORhfATION' (EXPLAIN) COST/REVENUE BUOGETED (CIRCIE ONE) ACTIVI7Y NUMBEfl YES NO OFFICE OF Tf� CITY ATTORNEY q1 �� CITY OF SAINT PAUL Norm Cotema+¢, Mayor crv�eDN�:on 400 Ciry Hau I S West Kellagg Btvd. SaintPaul, Mirsnesata 551�2 Telephone: 61Z 266-8710 Facsimt7e: 612 29&5619 Februar�r 11, 1997 Nancy Anderson 310 City Hall RE: Wednesda�r, December 4, 1996 Council Hearing Item for Consent Agenda: 1. Mary P. Fasching d/bja M.F. Automotive Nancy: Attached is the signed resolution identifying the penalty imposed by the council on M.F. Automotive. Please schedule this for the Consent Agenda for the Council Aearing on Wednesday, Februarg 19, 1997. Thank you. Since�/el�r Peter P. Paralegal � �l q�� STATE OF MINNESOTA OFRICE OF ADMINISTRATIVE HE�RINGS FOR fiHE CITY OF SAINT PAUL In re all Licenses held by CITY EXCEPTIONS TO Mary P. Fasching, dib/a M.F. FINDINGS, CONCLUSIONS Automotive, 1728 Selby Avenue RECOMMENDATIONS The City of Saint Paul, through the office of License, Inspections and Environmental Protection, files'the following exceptions pursuant to Minn. Stat. § 14.61 to the Report of the Administrative Law Judge in the above matter which was dated November 14, 1996 and filed with the City Clerk thereafter. I. Exceptions to Findings of Fact. A. Findinq 2: This finding incorrectly states the basis for adverse action. Action was brought pursuant to Saint Paul Legislative Code �310.06(b)(5), which states that adverse actions may be brought if "[t]he licensee or applicant has failed to comply with any condition set forth in the license, or set forth in the resolution granting or renewing the license." B. Finding 5: Licensee stipulated to certain violations which relate to other license conditions. She waived the hearing an that basis, and the Findings should be limited to her stipulation. C. Findinct &: This was not one of the violations to which licensee stipulated, and shauld be deleted. D. Findina 8: This was not one of the violations to which the licensee stipulated, and should be deleted. E. Findina 10: This was not one of the violations to which licensee stipulated, and should be deleted. �� F. � f;i Findinq 11: This was not one of the violations to which licensee stipulated, and should be deleted. Findinq 12: This was not one of the violations to which licensee stipulated, and should be deleted. Findinq 13: This was not one of the violations to which the licensee stipulated, and should be deleted. I. Finding 14: The licensee agreed to stipulate to certain violations on the dates of July 24 and July 26, 1996, but did not agree to stipulate to all of the violations. ZI. Exceptions to Conclusions of Law. A. Conclusion 5. This conclusion relates to Finding #6,(see I.C., above), and should be deleted. B. Conclusian 7: This conclusion should read "on July 26, 1996" rather than "On July 28, 1996", in accordance with Finding of Fact #9. C. Conclusion 8: This conclusion relates to Finding # 10 tsee I.E. above), and should be deleted. �� E F. Conclusion 9: This conclusion relates to Finding #11 tsee I.F. above), and should be deleted. Conclusion 10: This conclusion relates to Finding #12 (see I.G. above), and should be deleted. Conclusion il: This conclusion relates to Finding # 13 tsee I.H. above}, and should be deleted. G. Conclusion 12: This conclusion should read that °M.F. Automotive has failed to comply with conditions set forth in the license" in violation of Saint Paul Legislative Code �310.�6(b)(5). III. Amended Findings, Conclusions and Recommendations. Attached hereto are nroposed amended findings and conclusions ��c� which are prepared for use in lieu of those contained in the ALJ Report. The undersigned urges the Saint Paul City Council to adopt the Findings, Conclusions and Recommendation of the Administrative Law Judge with exception of those which should be deleted and those in which an amended Finding or Conclusion is proposed. Submitted this ;,?.� day of January, 1997. _U � u��t Virginia . Palmer Assistant City Attorney Attorney for LIEP 400 City Hall Saint Paul, MN 55102 (&12) 266-8710 Atty ID #= 128995 �� APPENDIX 2. Amended Findings of Fact l. M.F. Automotive is an auto repair garage licensed in the City of Saint Paul. 2. The City has brought this adverse action against the licenses held by M.F_ Automotive alleging a violation of Saint Paul Legislative Code �^�'�' ��a-" ^ 65 a�� 3�9 86, �� a� ��te �tts}�ess 4. On July 24, 1996, the parking lot adjacent to the auto repair garage had 17 cars in the lot. _• �a��}e� ��t�be� 6 e� £h.�'. ,,,.�...�,.�.....,.. ,: •,� a �-�---��<e-�e��t�� ee�s e�-�a��s �e �e sE et��e��e�� h,.: �� J�_.. _— � . 6 8�-��-�� 8�6, � �e��e�e €�a�e, �<, ,..a _ � �,�,_� . _ .,. _,. ,i.... ,.a ..�..,. ..a .t,.;.o„ �-i.... u.. : i a; _ �.-. ��. Condition number 5 of M.F. Automotive's license provided that maintenance work was not to be done outside the building. $,—vn-ac}�F---zS ��86��e id^crc c^�'^no^ci9ca 'viv^i�7.-n�-ica Ri ntn i n �-hr.iri �-: � �+- _ _""_ "' "" r »_._�_.� ....�... 3��s;; On July 26, 1996, work was being done on the red Pinto in the parking lot at 11:35 a.m., 4:00 p.m., 4:30 p.m., 5:15 p.m., and 8:45 p.m_ .,_. r.. �• i � i� i i� �-9� =-3�, �996, - - ----_ ..--- _____ . _� ___...._..� _.__.._ .� tln Aainatic# '1 '11aA � � • t, • i .'_ _ `_' "_�__ _ _ _' _ _ , t ...�.. r ,�,. ..�`... ,.,,...�.�.,� ..,. .. .........,..� �.. ��3e--��'dE��g �6`c 3� 6 - 3 B=F-tit ..,, a ° _ '' ^ .., �� "- y � 7, �9�6, a� � a m , �6 �,e��e�es �ae�e .,hN:.�.�� .. �ti r'�-'��-'� � ,- .. ,..a . i... .. �i � ,.. i..,. �... ,., a �3—�Y3 �kHHEj4tBE '7� }996 c•• 'x• c 'c c t �c'^^� ��P �"•"'':"� a--a ��Q '---� e�ae��*e� ��e�e €e� eae� a uaee3� The licensee 3. Condition #3 of M.F. Automotive's license provided that the parking lot was not to hold more than 12 cafs. ��-�� II. Amended Conclusions l. The Administrative Law Judge matter pursuant to Section 331.05{m)t4) Code and Minn. Stat. §14.55. has jurisdiction in this of the St. Paul Legislative 2. The Notice of Aearing was proper and the City has complied with all other substantive and procedural requirement of law or rule. 3. The Council of the City of St. paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including Sections 310.05 and 310.Ob, of the St. Paul Legislative Code. Adverse action may include revocation, suspension, fines and other penalties or conditions. 4. On July 24, 1996, M.F. Automotive was in violation of condition number 3 of its license in that the parking lot held more than 12 cars during and after business hours. Fr�'. On July 25, 1996, M.F. condition number 5 of its license not done inside the building. Automotive was in violation of in that all maintenance work was ��i. On Ju1y 28&, 1996, M.F. condition number 5 of its license red Pinto in the parking lot. Automotive was in violation of in that work was being done on a :�e!��as� 3�$. The City requested that M.F. Automotive pay a$2,D00 fine. M. F. Automotive requested no fine. a �,�� - - -- _ -------- ------: - : _-- ----� 3-�7. M.F �� ', in viola Automotive �3�. No credible evidence was introduced concerning M.F. Automotive's finances and it is impossible for the Administrative Law Judge to determine with precision the appropriate amount of the fine. APPENDIX I. Amended Findings of Fact ��-�c� 1_ M.F. Automotive is an auto repair garage licensed in the City of Saint Paul. 2. The City has brought this adverse action against the licenses held by M.F. Automotive alleging a violation of Sair.t Paul Legislative Code §310.06(b)(5), in that the business has "failed to compl�r with conditions set forth in the license." 3. Condition #3 of M.F. Automotive's license provided that the parking lot was nat to hold more than 12 cars. 4. On July 24, 1996, the parking lot adjacent to the auto repair garage had 17 cars in the lot. 5. Condition number 5 of M.F. Automotive's license provided that maintenance work was not to be done outside the building. 6. On July 26, 1996, work was being done on the red Pinto in the parking lot at 11:35 a.m., 4:00 p.m., 4:30 p.m., 5:15 p.m., and Sc45 p.m. � 7. The licensee admitted to violations occurring on two dates, specifically too many vehicles in the parking lot on July 24, 1996 and work being performed on a red Pinto outside the building on July 26, 1996. 8. The City requested that M.F. Automotive pay a$2,OQ0 £ine. M. F. Automotive requested no fine. II. Amended Conclusions 1. The Administrative Law Judge has jurisdiction in this matter pursuant to Section 331.05(m)(4) of the St. Paul Legislative Code and Minn. Stat. §14.55. 2. The Notice of Hearing was proper and the City has complied with all other substantive and procedural requirement of law or rule. 3. The Council of the City of St. paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including Sectians 310.05 and 310.06, of the &t. Paul Legislative Code. Adverse action may include revocation, suspension, £ines and other penalties or conditions. 4. On Ju1y 24, 1996, M.F. Automotive was in violation of condition number 3 of its license in that the parking lot held more than 12 cars during and after business hours. , . - �� 5. On July 25, 1996, M.F. condition number 5 of its license not done inside the building. Automotive was in violation of in that all maintenance work was 6. On July 26, 1996, M.F. Automotive was in violation of condition number 5 of its license in that work was being done on a red Pinto in the parking lot. 7. M.F. Automotive failed to comply with conditions set forth in the license in violation of 310.06(b)(5) of the St. Paul Legislative Code. 8. No credible evidence was introduced concerning M.F. Automotive's finances and it is impossible for the Administrative Law Judge to determine with precision the appropriate amount of the fine. CITY OF SA.INT PAUL Norm Coteman, Mtryar January 3, 1997 Ms. Lynn Wolters Attorney at Law 2489 Rice Street, #� 2b0 Roseville, Minnesota 55112 OFFICE OF Tf� CITY ATTORNEY 6/ r„wrt,y � ,xa�. cuy Rao.,� Civil Division � � v �� 4Q0 City Hall Tekphone: 672 Z66-8710 IS West Xellogg Bfvd Facsimile: 612 298-3619 Saint Pau{ Muuresom 55101 NQTICE OF RE-SCHEDVLED COtJNC2L HEARING RE: Al1 licenses held by Mary P for the premises located at License ID No.: 14762 Our File Number: G96-0405 . Fasching d/bJa M.F. Automotive 1728 Selby Avenue, St. Paul Dear Mr. Wolters: Please take notice that the hearing on the report of the Administrative Law Judge concerning your client, Mary P. Fasching doing business as M.F. Automotive, has now been re-scheduled for 4:30 p.m., Wednesday, February 5, 1997, in the Cit� Council Chambers, Third Floor, Saint Paul City Aa11 and Ramsey County Courthouse. If you have any questions, you're welcome to call me at 266-8710. Sincerely, � �/�(��/ � � �'�,�� V Virginia D. Palmer Assistant City Attorney � .^��:*vn;; .... .,� s '?7?F.^Z Ws`.t.�... _ . . L�.. �F-'s l� 4 , i+' .,G.,, cc: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP Julian Loscalzo, Exec. Director, Lexington-Hamline Community Council, 1160 Selby Ave., St. Paul, MN 55104 Ed Bower, Community Organizer, Merriam Park and Snelling- Hamline Community Council, 1573 Selby Ave., Suite 311, St. Paul, MN 55104 OFF7CE OF THE CITY ATTORNEY Timothy & Ma�x, Ciry A�totney CITij OF SAINT PAUL No>m Coleman, Mayo> Civi! Division 4D0 City Xatt IS West Kellogg BHd Saint Paul, Mtnnesom 55102 ry n � l�t I Telephane: 6T2 266-8770 FaamtiJe: 612 298-5619 � December 18, 1996 Mr. Lynn Wolters Attorney at Law 2489 Rice Street, #260 Saint Paul, Minnesota 55112 RE: Rescheduling 12/2&/9b Public Hearing Al1 licenses held by Mary P. Fasching dib/a M.F. Automotive Our File Number: G96-0405 Dear Mr. Wolters: Pursuant to your request, we will reschedule the December 26, 1996 public hearing involving your client Ms. Mary Fasching. We will notify you as soon as we have a new date. Sincerely, �,iv`�;' °...,`-��... , , �y� S . .` :w : w. Peter P. Pangborn Paralegal cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Julian Loscalzo, Exec. Director, Lexington-Hamline Community Council, 1160 Selby Ave., St. Paul, MN 55104 Ed Bower, Community Organizer, Merriam Park and Snelling- Hamline Community Council, 1573 Selby Ave., Suite 311, St. Paul, MN 55164 OFFICE OF Tf� CITY ATTORNEY Trmothy E. Mmx Crty Attorney CITY OF SAINT PAUL Norm Coleman, Mayor Civil Division 4D0 City Halt IS I�Yest Keltogg BPod Samt Paub Mbmesom 55701 a �-i�� Telephone: 671 166-877 0 Faabnile: 6I219&5619 December 6, 1996 Ms. Lynn Wolters ' Attorney at Law • 2489 Rice Street, # 26Q Roseville, Minnesota 55112 NOTICE OF COiTNCIL HEARING RE: All licenses held by Mary P. Fasching djbja M.F. Automotive for the premises located at 1728 9elby Avenue, St. Paul License ID No.: 14762 Our Fi1e Number: G96-0405 Dear Ms. Wolters: Please take notice that a hearing on the report of the ` Administrative Law Sudge concerning the above-mentioned establishment has been scheduled for 4:30 p.m., Thursday, December 26, 1996, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You mag also present oral or written argument to the council at-the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions filed, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, � � �� Virgi� Palmer Assistant City Attorney ce: Nancy Anderson, Assistant Council Secretary Robert Kessler, Director, LIEP Christine Rozek, LIEP ��:�V;;' . -�,� ,, � �,h '° `;::;;- �� r �� ', Julian Loscalzo, Exec_ Director, Lexington-Hamline Council, 1160 Selb}r Ave., St. Paul, MN 55104 Ed Hower, Community Organizer, Merriam Park and Hamline Community Council, 1573 Selby Ave., St. Paul, MN 55104 Community Snelling- Suite 311, . , z � _ . �� "�� Fiie No. 57-2111-10738-3 STATE 4F MINNESOTA OFFiG� flF ADMiN1STRA7IVE HERRiNGS FOR THE ST. PAUL C1TY COUNGlL In re a11 Licenses heid by Mary P. �asching dJb/a M. F. Automotive for the premises located at 1728 Selby Avenue St. Paui, Minnesata „-�..� ��Ei Nov � $ �ss c�� aT��R�� FfNDItVGS OF FACT, CONCLUSlONS OF LAW AIUD RECO1v1MENDATiON The above entiUed matter came an for hearing before Administrative Law Judge Jarries N. Ranum on October 24, 1996, in Room 220, Cor�ference Raom 8, Board ot County Commissioners, 15 West Kelfogg Boulevard, St. Paui, Minnesota 55702. Virginia D. Paimer, Assistar�i St. Paui Ciiy Attorney, 400 Ciiy Hail, 15 West Keilogg Boulevard, St. Paul, Minnesota, appeared on behaff af the Oifice of License, inspectians and Environmentai Protection. The licensehoider Mary P. Fasching doing business as M. F. Automotive, 1728 Seiby Avenue, St. Pau(, Minnesota appeared at the hearing. She was represented by Lynn Woliers, Attorney at Law, 2489 Rice Street, #260, Roseviile, Minnesata 55 i 12. The record ciosed on October 24, 1996, et the adjournment of the hearing. -1- �� These Findings and Conclus�ons may be appealed to the St. Paul City Councii by any aggrieved parson by fiiing a rotice wiih the C+ty Clerk. The appeai wili then be scheduled far a hearing ai :he next City Gouncif ineeting. These apoeal provisions are contained in Saction 331.05(m){5) Pau{ Legisfative Code. STATEMENT OF iSSUE The issue to be determined in this case is whether grounds exist to support the assessment of penalties against Mary P. Fasching doing business as M. F. Automotive. FINDINGS OF FACT 1. M. F. Automotive is an auto repair garage kicensed in the City of St. Paul: 2. The City has brought this adverse action aga+nst the licenses heid by M. F. � Automotive alleging a viofation ot St. Paul Legisiative Code Sections 3�0.05 and 310.06, in that the business "permits conditions that unreasonably annoy, injure, or endanger the safety, health, mora4s, comfiort or repose of any considerabie number of inembers of the pubfic." 3. Condition number 3 of M. F. Autamotive's license provided that the parking lot was not to hoid more than 12 cars. 4. On .fuly 24, 1996, the parking fot adjacent ta the auto repair garage had 17 cars in the 1ot. 5. Condition number 6 of M. F. Automative's license provided i� was not to permit toois or parts to be standing outside the buiiding. -2- ��-l�� 6. Qn July 24, 1996, a vehicie frame, oil and gas tanks were observed on the ground outside the buiiding, 7. Condition number 5 of M. F. Automotive's iicense provided that maintenance work was not to be done outside tiie b�ilding. 8. On .luly 25, 1998, peopie were observed working on a red Pinto in the parking iot. 9. On July 26, 1996, wQrk was being done on the red Pinto in the parking fot at 11:35 a.m., 4:00 p.m., 4:30 p.m., 5:15 p.m., and 8:45 p.m. 10. On July 31, 1996, vshicies were observed btocking Herschel Street by parking a trailer in such a way that other vehicies could not get through. 11. On August 1, 1986, peop4e were working on a vehic4e in the pasking !ot at 6:30 p.m. and 8:�0 p.m. 12. On August 7, 1996, at 1:30 a.m., 16 vehicles were observed in the parking lot. �3. On August 7, 1996, two incapacitated vehicies were behind the building and had been observed there for over a week. 14. The licensee did not contest the charges of #he City and stipulated to #he authenticity of Exhibits 1 and 2. 15. The City requested that M. F. Automotive pay a$2,000.00 fine. M. F. Automotive requested no fine. -3- �� Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Larr Judge has jurisdiction in this matter pursuant to Section 331.05(mj(4) of the St. Paul Legisiative Code and Minn. Stat. 14.55. 2. The Notice of Fiearing was proper and the City has complied with all other substantive and procedural requirements of law or rule. 3. The Councii of the City of St. Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter . 310, including Sections 310.05 and 3i0.06, of the St. Paui legislative Code. Adverse action may include sevocation, suspension, fines and other penalties or conditions. 4. On July 24, 1996, M. F. Automotive was in violation of condition number 3 of its license in that the parking !ot held more than 12 cars during and after business hours. 5. On July 24, 1998, M. F. Automotive was in violation of condition 6 of its iicense in that tools or parts were standing outside of the buiiding. 6. On July 25, 1996, M. F. Automotive was in violation of condition number 5 of its ticense in that al1 mairrtenance work was not done inside the building. 7. On July 28, 1996, M. F. Automotive was in violation of condiiion number 5 ofi its iicense in that work was being done on a red Pirrto in the parking {ot. 8. On July 31, 1996, M. F. Automotive violated St. Paul Legisiative Code 157.07(a) in ihat it permitted the blocking of Herschel Avenue with a traifer. � � � _(�� J. On August a, 7996, M. F. Automath✓e :vas in vioiation of candition number 5 of its license by working on a vericl2 in trie parking lot. 10. On August 7, �996, M. F. Automotive was in vioiaticn of condition number 3 of its license by oermitting more tlian .�2 vehicies in the parking lot. 11. On August 7, 1996, M. F. Automotive was in violation of condition number 7 of its license by permitting incapacitated vehicles to remain outside for one wsek. 12. M. F. Automative "permitted condrtions that unreasonably annoyed, injured, or endangered the safeiy, heaith, morais, comfort, or repose of any considerabie number of inembers ofi the pubiic" in violation of 3i4.06(b)(7) of the St. Paui Legislative Code. 13. No credible evidence was irrtroduced concerning M. F. Automcrtive's finances and it is impossible for the Administrative Law Judge to determine with precision the appropriate amourrt of tine. RECOMMENDATlON The undersigned recommends the tolfowing penafties against M. F. Automotive: A fine in the amount of Seven Hundred Fifity Dollars ($750.00). Dated this �� day of , 1996. � Law Judge -5- November 18, 1996 Fred Owusu City Clerk 170 Gity Hall 15 W. Kelfogg Bivd. St. Paul, MN 55102 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 1 �0 Washington Square, Suite 1700 100 Washington Avenue South Minneapotis, Minnesota 55401-2138 �� (�� t Re: In the Matt�r of All Licenses Held by Mary P. Fasching d/bta M. F. Automotive; OAH Docket No. 57-2111-10738-3 Dear Mr. Owusu: On November 14, 1996, Administrative law Judge Ranum served the Findings of Fact, Conciusions and Recommendation in the above-entitled matter. Enclosed is the o�ciai record, inciuding a copy of the tape recording of the hearing. Our file in this matter is now being closed. Very truly yours, �� lul�LGL� `!i//C . /G�� y1�1.LNd a ancy M. Thomas Docket Cierk Telephone: 612l341-7615 NT Enc. Providing Impartiai Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section & Administrative Services (612) 341-760o � TDD No (612) 341-734& � F� No. {612) 349-2665 r� ,�,.9 � �� - I �3 File No. 57-211 i-10738-3 STATE OF MIfiNESOTA OFFICE OF ADMfNISTRATIVE HEARINGS FOR TkiE ST. PAUL CITY COUNCiL In re afl Licenses held by Mary P. Fasching d/bJa M. F. Automotive for the premises located at 1728 Selby Avenue St. Paul, Minnesota FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATION The above entitled matter came on for hearing before Administrative Law Judge James H. Ranum on October 24, 1996, in Room 220, Conference Room B, Board of Courity Commissioners, 15 West Kelfogg Boulevard, St. Paui, Minnesota 551D2. Virginia D. Paimer, Assistarrt St. Paul City Attorney, 400 City Haif, 15 West Keilogg Boulevard, St. Paui, Minnesota, appeared on behalf of the Office of License, Inspections and Environmentai Protection. The licensehoider Mary P. Fasching doing business as M. F. Automotive, 1728 Selby Avenue, St. Paul, Minnesota appeared at the hearing. She was represented by Lynn Wolters, Attorney at Law, 2489 Rice Street, #260, Roseville, Minnesota 55112. The record ciosed on October 24, i996, at the adjournment of the hearing. -1- ,t� >: , �1 "�� These Findings and Canclusions may be appealed to the St. Paul City Councii by any aggrieved person by filing a notice with the City Cierk. The appeal wili then be scheduled far a hearing at the next City Councii meeting. These appeal provisions are corrtained in Section 331.05{m)(5}, St. Pauf legislative Code. STATEMENT OF ISSUE The issue to be determined in this case is whether grounds exist to support the assessment af penalties against Mary P. Fasching doing business as M. F. Automotive. FINDINGS OF FACT i. AA. F. Automotive is an auto repair garage licensed in the City of 5t. Paui. 2. The Gity has brought this adverse action against the licenses heid by M. F. Automotive aileging a vialation of St. Paul Legisiative Code Sections 314.05 and 310.06, in that ihe business "permits conditions that unreasonabiy annoy, injure, or endanger the safety, health, morals, comfort or repose of any considerabie number of inembers oE the pubiia" 3. Condition number 3 of M. F. Automotive's ficense provided that the parking lot was not to hold more than 12 cars. 4. On July 24, 1996, ths parking lot adjacent to the auto repair garage had 17 cars in #he lot. 5. Condition number 6 ot M. F. Automotive's license provided it was not to permit tools or parts to be standing outside the building. �� - l�� 6. On Juiy 24, 1996, a vehicle frame, oil and gas tanks were obsarved on the ground outside the building. 7. Condition number 5 of M. F. Automotive's license provided that maintenance work was not to be done outslde the lauiiding. 8. On July 25, 1996, people were observed working on a red Pinto in the parking lot. 9. On July 26, 1996, work was being done on the red Pinto in the parking lot at 11:35 a.m., 4:00 p.m., 4:30 p.m., 5:15 p.m., and 8:45 p.m. 10. On July 31, 1996, vehicies were observed blocking Herschei Street by parking a trailer in such a way that other vehicles cou4d nat get through. 11. On August 1, 1996, people were working on a vehicle in the parking fot at 6:30 p.m. and 8:10 p.m. 12. On August 7, i996, at 1:30 a.m., 16 vehicles were observed in the parking iot. 13. On August 7, 1996, tvuo incapacitated vehicles ware behind the building and had been observed there for over a week� 14. The licensee did not contest the charges of the City and stipu{ated to the autherrticity of Exhibits 1 and 2. i5. The City requested that M. F. Automotive pay a$2,000.00 fine. M. F. Automotive requested no fine. -3- �� _ Ic�� AFFIDAVIT OB SERVICE BY MAIL STATE OF MINNESOTA ) ) COONTY OF HENNEPIN 1 James H. Ranum, o= the City of _M_inneapolis, County of Hennepin, in the State of Minnesota, �eing duly sworn, says �hat on Che of , 199�, he sey the =ollowing: �v'C"^�C n F �S` on �-y^'^' �'`'�+� attorney for the (Z��,.k� by mailing a copy theseof in an envelope, postage prspaid, and by depasiting same in the gost office at Minn.eanolis, Minnesota, directed to said attorney at: rc.t= p,� ?�� t , J-�� ° Jtc� (�'ce�.�, Ma� last known address of said attorney. Subscribed d sworn to before me t� j�?'� of F\I�UYrn��' 199�. Notary Y / IJ J / 'If / /!!llfllfJ. I. /J/!1/IJ S � �� v� • � � S �, � , i�� `�/J'l-�-ii_ _ l./'fj %'J-!!!J fIJ'J'J'JS� i AFFIDAVIT 6B SEI2VICE BY MA2L STATE QF MINNESOTA } ) COT3NTY OF BENNEpIN ) James H. Ranum, of the City of �inneagolis, County of Hennepia, in the Stat= oi Minnesota, being duly sworn, says �hat on the oi , 19�, he served the =ollowing: �(„��wr�C � Cc=WCCuSwr �l on lS��w�a p��Me'^ attorney for the �'y °� ��` �"" by mailing a copg thereof in an envelope, postage prepaid, and by depositing same in the posL ofrice at Minneapolis, Minnesota, directed to said attorney at: y-oo �,� �((� t5- wc��- Jeeff�g� q3��1 �� Qc+ i !'�!" last known address of said attorney. Subscribed and sworn to b fore me �is (l�'�y o£ �,A(cErta,�, 199�i. A."Ranum Si'� � 'rrri'rr.ri-r�l � � + �, ; .,� � ' � .' . • r - . L 1 q ' ' � / If!! '✓ 'JfJ '. / `I 'J 'Il '� '. / '� 'lII/ '- / "J '� l. / 'fJ S� STATE OF MINNESOTA � � — { � 3 OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Sude 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 October 7, 1996 Peter P. Pangbom, Paralegai Office of the City Attomey Civil Division 400 City Hall 15 West Keltogg Soulevard St. Paul, Minnesota 55102 Re: Licenses Held by Ma[y F. Fasching d/bla M. F. Automofive for 4he Premises Located at 1728 Se1by Avenue, St. Paul; QAH Docket No.57-2111-10738-3. Dear Mr. Pangbom: As requested in your letter of October 4, 1996, to Administrative Law Judge James Ranum, enclosed are subpoenas requiring the attendance of Officers David Titus and Jetftey Parsons at the hearing in ttie above-referenced matter. Sincere{y, �a�� Cl � `�cz�� SANRRA A. HAVEN Administrator of Office Services Telephone:612/349-7642 sh Enc. Providing Impartai Hearings for Govemment and Ci6zens An Equai Opportunity Employer Administrative Law Section 8 Administrativa Services (612) 341-7600 � TDD No. (612) 344-7346 � Fax No. (672) 349-2665 q�-(c� .. �,.,,. . ;: �;:; °'' ;,�_ _ _ =R . sr � __ ��}: -�': :;,. - STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS HEARING SUBPOIIVA TO: C}fficer Jeffrey D. Parsons, St. Paui Poi'�ce Department, 100 East 11th Street, St Paui, Minnesota 55101 GREETiNGS: YOU ARE HEREBY COMMANDED to lay aside ati your business and excuses and to appear before Administrative Law Judge James Ranum of the Qffice af Administrative Hearings of the State of Minnesota, at St. Paui City Hali, Room 220, 95 West Keilogg Boulevard, in the City of St. Paui, Ramsey Gourrty, Minnesota, on the 24th day of October, 1996, at 9:30 o'clock in the forenoon, to appear as a witness in the matter of Licenses Heid bv Marv P FaSrhing d/b/a M At�tmm�tiyo fnr ri,A a Loc.�ted at 1728 SeftZy Avenue St Pau�, h�linnesota . Pursuant to the authority granteci at Minn. Stat. § 14.51, Witness, the Honorable Kevin E. Johnson, Chie Administrative Law Judge, at Minneapolis, Minnesota this Z_�ay of October, 1996. . � ��i�til (� KEVIN E. JOH S Chief Administrative Law Judge 612/341-7600 Subpoena requested by: affice of the City Attomey, Peter Pangbom, 266-8776 �`� � �� ...:�-�.,... • � • ��,.� °� �`�.:�;��: • s � � • � � ,�Yw, Ps�'' �� t � : � � a TO: Qfficer David Titus, St. Pau{ Police Department, 100 East 11th Street, St Paul, Minnesota 55101 GREE7fNG5: YOU ARE HEREBY COMMANOED to lay aside ali your business and excuses and to appear before Administrative Law Judge James Ranum of the Office of Administrative Hearings of the State of Minnesota, at S#. Paul City Ha11, Room 220, 15 West Keilogg Bouievard, in the Ciry of St. Paui, Ramsey County, Minnesota, on the 24th day of October, 1996, at 9:30 o'clock in the forenoon, to appear as a witness in the matter of Licenses Held by Marv P Fa�,ching dlbla M F A�tomotive for the Pr m�cPs Located at 1728 Selb}� v nyg, St Pa � Minnecr Pursuant to the authority granted at Minn. Stat. § 14.51, Wrtness, the tionorabie Kevin E. Johnson, Chi Administrative Law Judge, at Minneapolis, Minnesota this 7� day of Qctober, 1996. . . IN E. JOHN Q — ' c Chief Administrative Law Judge 612/341-7600 Subpoena requested by: O�ce of the Gity Attomey, Peter Pangborn, 266-8776 OFFiCE OF l'HE C[TY AT`t'OR1��EY n �� TmnolFry E. Mar� City.4drnn¢y � I_ Sw[KT YAVL � AItAR cnu orvc:ra„ 49� t'lry Ha7t IS ffesr.('sltogg Btvd. Sanit Yauf, :4limxso7a SSI Ud =-C�l:i�7f ��i �1��-"�L+Ti l DATE: October 2d, 1996 TO: Judge James Ranum cio Louise Cooper Office of Administrative Nearings NUMBER OF PAGES (including Cover page}: 3 FRQM: Peter Pangbom Paralegai St. Paui City Attorney's Q�ce 4Q0 City Hait FAX Plo.: 349-2665 FAX No.: 298-5619 If you do not receive att pages of thi5 transmissrar, ptease contacL Peter Pangbom 7a�ephone No. 26Cr8776 Trfepham: 613 ?66-ti%/0 Facrrmrle: bl: 29&5619 G':` v� G �^�, f� � � � 5 � ��! ,t 1 1 � 5 � •�� V � ,�,; �.;r; .� cr� oF ��.zrrr ratn. ?vonx Cotemv>�, ,�lmuir Ti3'd �99i6t�£n fji 3��I��L '=:t�1�d�Olikt At1J 41Ci:y� $f_t:'wF 5E6S-hL7-1:J0 OFFICE OF THE CIT'Y ATTORNEY /7 �_�� TimathyE.ilar.e.4'iry.inorncy `�l cz� oF s�rrT rAUZ, NVrnr (;uleman, 3fujn� cn;r aa�ro„ 400 Ccry lfal! IS Re>t Yv;77ogg Bh�d Sai.nt PauL :tiim�emla S>!U' Zrk:phone: 61: 2G6-3i1 � Facrimifr: b13?9S-SG19 October 4, 1996 Judg� James Ranuzzz c/� Louise Cooper Oftice of Adtninistrative Hearings 1Q� Washinb on Square, Suite 170Q Mimieapolis, Minnesota 554(�1-2138 'VIA FAX AND U.S. MAIL It�: Licenses held by Ivlazy P. Fasching dlbla M. F. Automotive for the premises located at 172$ Setby Avenue, Saint Paul Our File Number G96-44c75 Dear Judge 12anutn: Tiie purpnse of this letter is to request subpoenas pursuant t� �4innesoEa Rules, part 1400.7004 zejating to the aUove-n�entioned contzsted case hearing that is scheduled t� be heard bef�re you on Thursday, t)ctober 2�, 1496. This rzquest is rz�ade of behalf of Ms. Vizginia Palmer, the attorney assigned to titis matter. The City of St. Paul License Division will be calling these w to testify regarding the incident which s�rves as a basis £or ihe action against tha licenses of Mary P. Faschi�zg d/b(a M-F. Automoiive. In order to ensure these individuals will be in attendance to testify, the City of 5t. Fau� requ�sts from the State C�ffice of Admuustrative Hearin�s subpaenas for the foltawing individuals: 1.) Of�cer l�avid Titu.s St. 1'aul PoUce Dept. iQQ E. l ith StreeY St. Paul, Iv1N �5101 2.} Offzcer Jeffrep D. Parsons St. Paid Police Dept. 1t1� E. l Ith Sireet 5t. Pa�l, fviI�i 55101 Page 2 The hearing is scheduJed tu start at 9:30 a.m. on Thucsday, October 2�, 1996, in Raam'20, St_ Paul Citv Hail_ 15 West Keliogg Botilevard St. Paul, MN 55102. Page i ?�3 - d ��{� _.riE nl 3�� t J�C� 1.A.3N:�1_71�.H A1 I=� uiCG�� ;�t�ta : LT 95oT-t^i�t-1'_n_i i ci �,� �ylr�1 ��J�� If you need additionai izzf�rmati.on or bave azey questio�s regazding this request, please da not hesitare tn coz�tact ine at 266-877b. "f'hank you for ypur consideration in tJ�is ulatter. Sincerei}%'� /� ,/ r; . v , '�. Peter P. Pan� Paralegal 4 Pa�e 2 �FI'd 55?�E.t'Cc CIl 3JI�dt7 '�J,3hi'.i�tl,1N l.lI� blCt,�d w;f'r.'�i Br.bT-t6a-1?0 . < TRANSACTION REPORT > L RECE I VE 7 NO. DATE TIME DESTINATION 57ATION 14258 10-04 13�15 612 298 5619 ��'�� 10-04-1996<FRT1 13:16 PG. DURATION MODE RESULT 3 0°01'13" NORM.E OK 3 0°01'13" CITY OF SAINT PAUL Norm Golemm:, Mayor October 4, 1996 OFFICE OF TTIE CITY ATTORNEY Tursarhy E. Marx, Ciry Anoraey ��r�c��.��F�� l`�—�C� " Civil Division .{"�':. �� j-.'� � u r. �00 City Hall Telephorse: 612 266-87I0 `�' i �`-'' � 5 IPest Ke17a� Elvd Facsimile: 612 298-5619 -� ' Saint Pau� M"mnesom 551 D2 ii.�l.'.I.4)J 1 i 1 I � j -f'.�].'��11� ��. �.hfi�:i.jJ VIA FAX AND U.S. MAIL Judge James Ranum c!o Louise �aape: O�ce of Adminisirative Heazings 100 Washington Square, Suite 1700 Minneapolis, Minnesota 55401-2138 RE: Licenses held by Mary P. Fasching dJbJa M. F. Automotive for the premises located at 1728 Selby Avenue, Saint Paul Our File Number G96-0405 Dear Judge Ranum: The purpose of this letter is to request subpoenas pursuant to Minnesota Rules, part 1400.7000 relating to the above-mentioned contested case heazing that is scheduled to be heard before you on Thursday, October 24, 1996. This request is made of behalf of Ms. Virginia Palmer, the attorney assigned to this matter. The City of St. Paul License Division will be calling these witnesses to testify regarding the incident which serves as a basis for the action against the licenses of Mary P. Fasching d!b!a M.F. Automotive. In order to ensure these individ�?s v✓zll be in zt�aa3ar�ae ta tes��,�, the .�',ity oi St. Faul Tequests from the State Office of Administrative Hearings subpoenas for the following individuals: 1.) Officer David Titus St. Paul Police Dept. 100 E. Ilth St�eet St. Paul, MN 55101 2.) Officer Jeffrey D. Pazsons St. Paul Police Dept. 100 E. lith Street St. Paul, MN 55101 Page 2 The hearing is scheduled to start at 9:30 a.m. on Thursday, October 24, 1946, in Room 220, St. Paul City Hall, 15 West Kellogg Boulevard, St. Paul, MN 55102. Page i q'1- 1C�3 If you need additional information or have any quesrions regarding this request, please do not hesitate to contact me at 266-8776. Thank you for your consideration in this matter. Sincerel , �s� Peter P. Pang Patalegal Page 2 a� -1c�3 OFFICS OF ADMINISTRATIYS HEARII3GS FOR TSS COONCIL OF THS CITY QF SAINT PAIIL In re the Licenses of Mary P. Fasching d/bJa M.F. Automotive 1728 Selby Avenue v� � � w�t � � �ie SL � 2�� S� Ci`..Q "5.Y F � �,R'�° CITY`5 PROPOSED EXHIBITS October 24, 1996 TO: Judge James Ranum, Administrative Law Judge, office of Administrative Aearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list of the City`s proposed y s ' � a�° . exhibits for the Administrative Hearing on October 24, 1996: Exhibit No. Exh. No.�Z Exh. No. �2� Description Police Reports CN 96-121-119 (2 pp.); 6 photographs of the exterior of 1728 Selby Avenue {photos 2a through 2f); Exh. No. 3 v �,._ License information regarding Mary P. Fasching d/b/a M.F. Automotive (1 p.�; � � E�. No. 4 License "Restrictions Inquiry 5creen" regarding Mary P. Fasching djbJa NI.F. Automotive (1 p.?; Exh. No. 5 Notice of violation letter dated August 27, 1996, with Affidavit of Service t3 pp.); Exh. No. 6 Notice of Hearing letter dated September 10, 1996, with Affidavit of Service (4 pp.). �k Sxu L �� t' � q-�— lc�� Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code St. Paul Legislative Code St. Paul Legislative Code § 310.05 § 310.06 Chapter 423 Respectfully submitted this 24th day of October, 1996. �;� '� Vir ia D. Palmer Assistant City Attorney Office of The City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 . y � CIT'Y OF SAINT PAL1L Nornt Cokman Mayor August 27, 1996 Ms. Mary P. Fasching M.F. Automotive 1728 Selby Avenue Saint Paul, Minnesota 55104 RE: License held by Mary P. for the property located at License ID No.: 14762 Dear Ms. Fasching: OFFI�(�F TE� CITY ATTORNEY Tunarh�Marx Ciry Anorney q j __ \ `�1 - I C� � Civil Div'aion 400 Ciry Ha11 IS Wen Kellogg Blvd Saint PauZ M'nrnesota SS702 Telephone: 6I2 266-8710 Facsimik: 6l2 298-5619 Fasching d/bJa M.F. Automotive 1728 Selby Avenue I am in receipt of information that could lead to adverse action against your Auto Repair Garage license. The basis for the adverse action is: On Suly 24, 1996, you were in violation of condition #3 on your license (The parking lot can hold ao more than 12 cars both during aad after business hours.) Seventeen cars were observed in the lot. Additionally, a vehicle frame and oil and gas tanks were observed on the ground outside the building, in violation of condition #6 (No tools or parts will be standing outside the building.) Oa July 25, 1996, you were in violatioa of condition #5 on your license (Al1 maiatenance work wi17. be done inside _the building.) whea people were observed working on a red Pinto in the parking lot. On July 28, 1996 you were in violation of condition #5 on your license when work was being done an the red Pinto in the parking lot at 11:35 a.m., 4:00 p.m., 4:3Q p.m., 5:15 p.m. and 8:45 p.m, On July 31, 1996 you were observed blocking FIerschel Street to traffic by parking a trailer so that other vehicles could not get through. This is a violation of Saint Paul Legislative Code § 157.07(a). On August 1, 1996 you were obaerved working on a vehicle in the parking lot at 6:30 p.m. and 8:10 p.m. in violation of condition #5. � �. In Re the Licenses of Mary P. Fasching — d/b/a M.F. Automotive —, City's Exh. No. 5 . ` W � > � If you matter Council allowed letter present � �t�l -1�3 Oa August 7, 1996 at 1:30 a.m. sixteea vehicles were observed in your parking lot in violation of condition #3. Additionally, two "junked" vehicles behind the building had beea observed there for over one week, in violation of coadition #7 (All cars that are left ia long term storage - one week - will have all body parts intact and will be closed). don't dispute that the above incidents took place, this will be scheduled for hearing before the St. Paul City to determine what penalty, if any, to impose. You will be to speak on your behalf at that hearing. I will need a from you saying that you do not dispute the facts, to this matter directly to the City Council. On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Administrative Law 3udge (ALJ). You will receive a"Notice of Hearing," so you will know when and where to appear, and what the basis for the hearing will be, In either case, you should contact me within ten days from the date of this letter. If I do not hear from you, I will schedule the hearing before the AL3, and you may be held responsible for the costs of the hearing if you do not then appear and contest the facts. Please call me or have your attorney call me at 266-8710. Very truly yours, ��hl�� `uP/l Virginia D. Falmer Assistant City Attorney ec: Robert Kessler, Director, LIEP Christine Rozek, LIEP Julian Loscalzo, Exec. Director, Lexington-Hamline Council, 1160 Selby Ave., St. Pau1, MN 55104 Ed Bower, Community Organizer, Merriam Park and Hamline Community Council, 1573 Selby Ave., St. Paul, MN 55104 Community Snelling- Suite 311, . � -�� • • �� l �� STATE OF MINNESOTA ) Ss. AFFIDAVIT OF SERVICE BY MAIL COUNPY OF RAMSEY ) JOANNE G. CLEMENTS, being first duly swom, deposes and says that on August 28, 1996, she served the attached LETTER on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Ms. Mary P. Fasching M.F. Automotive 1728 Selby Avenue St. Paul, MN. 55104 (which is the last known address of said person) and depositing the same, wiCh postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 28th day of �ust,. 1996. THflYN J. McLAUGHLfN 7TARY PUBLIC - MINNESOTA RAMSEY COUNTY Page �_ Day. HSonth Date Year � 7 `iJ'l� �✓U!� ST. PAUL POLICE DEPARTMENT GENERAL REPORT ie: Squad: Team: �.�" /7� u/ .� Location of Crime Scene: 1�7��i S�2-��' � hrs.on and f�.'--� E hrs.'on�" Address: " "' .t�R ;'yL'.,�+ � `. �J`{ � � ,_ ,. _ !�lA�RATIYE :,� � �� `�rl - 1�� 'N�b '7z� L.lC �'N S �N �] Occurred Q At Q Between: / � UGu� � '� rt: � Records ❑ Crime lab Lxker _ _ [] Crima Lab � Property Room i�� `7 vh�e�� -h�, l tlQ� � f�/rD�s�v T�v�' C-�fL rr1't�€' @/ 7.� � SEL6 +� e -�u� �ll�i� c�oc1�-s va�v rf,cas , "o� Q 1� � 1 �UU(1��e� t7 Y&'ff1Gt ES ri� a2ee. -PIa-CIGir1� �o� .._ One._ w�S � lar� . -�i'�clL r,�,� '9a �u�s -�,� cZaes_.��. �.p�e�� -� �ia�l2 /zerin ✓r�*�✓�Q .�,r �sy� ��rne.- • a rrc o �e. . �,�fr eC€,�_. . _ ctpPear' -� � J ✓n ke� y �-e.�i�ri� �_�1�� _ -- ,¢ _ _-,tr��1� _�? �S�'�'t'Pr� Ca.c.� _ t/E �'r.�rrc-. �. 5� =�'1Ja� -Q� _ai�cts -�k..s l� tm �'�.. � rrrun tQ• - - - -- --- -- — — ---- - -- -- ----- - o?o<r�-s-�- - --_ _. _ _._ _------ . . - . _ - --- � -' - - �-- - �- -� - - -- - _._- • - ---_ - � .-.--.- _ . �`�S Ilv "' l�2�.pl2 �__ -l� �c�cr.��.e r.JPfG _ u �cr�tLf.i�- - on _ e� i�EJ-- --- - r%�v�v ,� . � _a rc�c�� c�- tn _ -1�. �acl.��- - L��- �.: _ ___�.__ T�j re��Q_-�. ��cr?-e� .rnr,vrr.�..�lrii�s.--� �1�Lbc�__!t?Q.c�..l_1_1_-{'�oa�a_- tr�,�'e .i1r�i-�_-- ��z� _cw✓n�-� -- �.sv �kz � ° ? ' �'�.� �c�'_�-- -s� � -h r _� _ r.ve� -� - �.v1_'�!vcu.� — ---- `S� �m �-�sc�z � s �<i- S�-3 � , - -- --- ---- �--------- -- - -- .� --- -- ---- - - -- ---___ -- — --- � '� F2 j`G3_�L�S "-- �Z�v�r.r� .�1.� .$�ur� �vu��ir�G �----- --- .�. "v��' �CO_ _ �i_ jl_ ��1�—� — �b�' UYL.. d`e�i _,1l�d�Lt�-r�--'�'- f�Gc[t`G`n°�_ -.� ��'- �CeJt;� �cV,t�� - l�. �S �-- �ev��.P_ err� -//> � �!_ -� inlel�e� �ehrcGc�, Wh cr� .h� pG��-- tU.-�_. .°1�tS_�_�.Q`fS`�I��S aficer. , � �r• • emp. no.: o:r: . �Ye ID Nom ❑ Rob ❑Juv ❑ Coord ❑ ID ❑ Lab ee am (— Burg Q Thek � Prop � CAU � FSF (] Auto (� DAO ❑ CO � � the Licenses of Mary P. Fasching dlb/a M.F. Automotive — City's Exh. No. 1 CONTINUE NARRATIVE HERE L�/i „t� / l � C,csv}4�n✓ecJ -� c,wt iG- w1 � �ed c,�l� � ��,n �t,� C�- wu�s ,✓i fY�, �pu c1G� r'.J 1�� '.��] ^!"��-s�,$�� lY`'i0c� "' c�.a.S?� H'�i S ' Ccv'vF-i�t�.� �t-o w cslt- ri✓i U�1f1 c c� �"' (",e r/� e�� ite.- . ?- 31- °Ji� - i g 3s Nn�s -- c �T�z.�.. ..,,, h..�; i, v��9 �i7 �c <-��... G .S��/c �.. /� ?�.� cs.4' �_�✓✓n p lGC r.�.e� �a /n-L -�v�a�- f�-E- �..'z.� 1�/! -�- c� rr ✓� �a-; �- >-f�x.s >-/t � c. �e ru,� S -fx.¢,- ,9v ;y mvr iv-�.^ G� /�tCc.c.� ��- C'.tnn�le,�eQ.c� �,�L�!{¢�Q � e;� -'fYac,��Z('• � o hs� rv �P -,� Ctm .� t'� 'h'�- °` h� � av�- y o 1 c� a n.`� . �'�'`}Cp G /£5 �v i�x-s - /�C-,ic.�ll e.�in.e_- , �9w �-� '�,�vv�lc.c,.� � �r.,,= �/�t.h�� .�..lz,�Le.. t� ;..rc...S �n �'t,�c.- Pc�rl.G, 1.,�. � - 7—�c� @ ca i 3 � �-� -� `'�C�Gir+< GO�' �QXGl�J:Sltn:4 � 1 J �1 .j�L�., Fjj �9�. C.c.vn � t c..e .� � c � �S r,�, -E+�- -Et,c. �`� �.; l k.ti� << f � K t �- �.4Y f�26tcl�eJ /i/o �' : `% x.� ,Z � ?�..r � -�u,�- -�� l�toure- h.�evti �voc� �� °�'� V� r..� ve c� l avc� ev�� r� �^-'l a.n 2-yCk �s� �) s�*�w' �'a.'� � �urn�s u�- o�-h�e- tn.o�o-tD . J�h�t�5 -�tn.a.,f- A.c��- p• c tc.�.D �✓� �- .-(ti�e, �u�- e�.t'e- o.F�� '��S �u.. c�9 dn �'i�- 5 i�^- t L" o(' � .d'�y Cc.�c - �a-F--1'v� , LC � t 5 5 G 1� w� ri.. L� �,' , § 310.05 LEGSSLATIVE CODE ` � ` � � � amount as the council deems reasonable and ap- propriate, having in mind the regulatory and en- forcement pw�wses embodied in the paztieular li- censing ordinance. A fine may be in addition to or in lieu of other adverse action in the sole discre- tion of the council. Tb the extent any other provi- sion of the Legislative Code prot�des for the im- position of a�fine, both provisions shall be read together to the egtent possible; provided, howev- er, that in the case of any con$ict or inconsistency, the other provision shall be controlling. (Code 1956, § 510.05; Ord. No.17551, § 2, 419-88; Ord. No. 17559, §§ 1, 2, 5-17-86; Ord. No. 17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. No. 9446, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94; C.F. No. 941340, § 2, 10-19-94; C.F. ".�TO. 95-473, § 4, 5-31-95} Sec. 310.06. Revocation; suspensioa; adverse actions; imposition of condi• tioas. (a? Council may t¢ke adverse uction. The coun- ciI is authorized to take sdverse action, as defined in section 310.01 above, against any or all licenses or permits, licensee or applicant for a license, as provided in and by these chapters. Adverse ac- tions against entertainment licenses issued under Chapter 411 of the Legislative Cocle may be inxta- ated for the reasons set forth ia subsection (b) below, or upoa any Iawful graunds which are com- municated to the license holder in writing prior to the hearing before the council. Such actians shall be initiated and carried out in accordance with the procedures outline in section 310.05; provid- ed, however, that the formal notice of hearing shall be used to initiate the adverse action without the use of prior procedural steps. (b) Basis for action. Such adverse action may be based on one (1} or more of the following rea- sons, which aze in addition to any other reason specificaily provided by law or in these chapters: (1) The license oz permit was procured by mis- representation of material facts, fraud, de- ceit or bad faith. (23 The applicant or one (1} acting in his or her behalf made oral or written misstatements or misrepresentations of material facts in or accompanying the application. (3) The Iicense was issued in vioIation of any of the provisions of the Zoning Code, or the premises which are licensed or which are to be licensed da not comply with apgficable healtfi, housing, fire, zoning and building codes and regulations. (4) The license or permit was issued in vioIa- tion of law, without authority, or under a material mistake of fact. (5) The licensee or applicant has failed to com- ply with any condition set forth in the li- cense, or set forth ia the resolution grant- ing or renewing the license. (6) a. The licensee or applicant (or any per- son whose conduct may by law be im- puted to the licensee or applieant) has violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordi- nance or regulation reasanably related to the licensed aetivity, regardless of whether criminal chazges have or have nat been braught in connection there- with; b. T'he licensee or applicant has been con- victed of a crime that may disqualify said applicant from holding the license in question under the standards and procedures in Minnesota Statutes Chapter 364; or c. The licensee or applicant (or any per- son whose wnduct may by law be im- puted to the liceasee or applicant) fias engaged in or permitted a pattern or practice of conduct ot'failure to comply with laws reasonably related to the li- censed activity or from which an infer- ence of lack of &tness or good chazacter may be drawn. (7) The activities of the licensee in the licensed activity created or have created a serious danger to the public health, sa£ety or wet- faze, or the licensee perfortns or has per- formed his or her work or activity in an unsafe manner. (8) The licensed business, or the way in wirich such business is operated, maintains or per- Supp. No. 30 2030 �t `� - lt�3 LICENSES mits conditions that unreasonably annoy, injure or endanger the safety, health, mor- als, comfort or repose of any considerable nuanber of inembers of the publie. f9) Failuretokeepsidewalksorpedestrianways reasonablp free of snow and ice as required under Chapter 114 of the Saint Paul Leg- islative Gode. (10) The licensee or applicant has shown by past misconduct or unfair acts or dealings: phys- ical abuse, assaults or violent actions done to others, including, but not limited to, ac- tions meeting the definition of criminal sex- ual conduct pursuant to Minnesota Stat- utes Sections 6Q9.342 through 6Q9.3451; sesual abuse, physical airuse or maltreat- ment of a chitd as defined in Minnesota Stat- utes Section 626.556, subdivisions 2 and 10e, including, but not limited to, acts which con- stitute a violetion of Minnesota Statutes Sec- tions 609.Q2, subdivision 10; 609.321 through 609.3451; or 617.245; neglect or en- dangerment of a child as deSned in Minne- sota Statutes Section 626.557, subdivision 2; the manuf'actuze, distribution, sale, gift, delivery, traasportation, exchange or baz- ter of a controlled substance as deSned in Minnesota Statutes Chapter 152; the gos- session of a controIIed substance as defined in Minnesota Statutes Chapter 152 in such quantities or under circumstances giving rise to a reasonable inference that the pos- session was for the purpose of sale or dis- tribution to athers; or by the abuse of alco- hol or other drugs, that such licensee or applicant is not a person of the good moxal chazacter or &taess required to engage in a licensed activity, business or profession. (11} T'he licensee or applicant has materially changed or pertnitted a matersal change in the design, construction or configuration of the 19censed premises without the prior ap- proval ofthe city council in the case of Class III licenses, the director in the case of Class II licenses, and the inspector in the case of Class I licenses, or without first having ob- tained the proper building permits from the city. Supp. No. 30 2031 § 310.06 (12) The licensee or applieant has violated sec- tion 294.Oi of the Legislative Code, or has made or attempted to make a prohibited eg parte contact with a council member as pro- vided in section 310.05(c-2) of the Legisla- tive Code. The terms "licensee" or "applicant" for the pur- pose of this section shatl mean and include any person who has any interest, whether as a hoider of more than five (5) percent of the stock of a cor- poration, as a partner, or otherwise, in the prem- ises or in the business or activity which are li- censed or proposed to be licensed. With respect to any license for activities entitled ta the protection of the FirstAmendment, notwith- standing the foregoing provisions, neither the iack of good morai chazacter or fitness of the licensee or applicant nor the content of the protected speech or matter shatl be the basis for adverse action against the license or application. (c) Imposition of reasonable conditions ¢ndlor restrictivns. When a reasonable basis is found to impose reasonab3e conditions andlor restrictions upon a lieense issued or held under these chap- ters, any one (1) or more such reasonabTe condi- tions andlor restrictions may be imposed upon such Iicense for the puzpose of promoting public health, safety and welfare, of advancing the public peace and the elimination of conditions or aetions that constitute a nuisance or a detriment to the peace- ful ex�joyment of urban Hfe, or promoting security and safety in nearby neighborhoods. Such reason- able conditions andfor restrictions may include or pertain to, but are not limited to: (1) A limitation on the hours of operation of the lacensed business or establishment, or on pazticular types of activities conductQd in or on said business or establishment; (2) Alimitation or restrictiott as to the location within the licensed business or establish- ment whose (sicj particular type of activi- ties may be conducted; (3) A timitation as to the means of ingress or egress from the licensed establishment or its parking lot or immediately adjacent area; (4) A requirement to provide off-street parking in excess of other requirements of law; �'1 - L � 3 § 310.D6 LEGISLATIVE CODE (5) A limitation on the manner and means of advertising the operation or merchandise of the licensed establishment; (6) Any other reasonable condition or restric- tion limiting the operation of the licensed business or establishment to ensure that the business or establishment will harmo- nize with the chazacter of the area in which it is located, or to prevent the development or continuation of a nuisance. The inspector may impose such conditions on Class I licenses with the consent of the license hoIder, or may recommend the imposition of sucfi conditions as an adverse action against the license or licens- es; the inspector has the same power with respect to Class II licenses. The covncil may impose such conditions on Class III licenses with the consent of the license holder, or upon any class of license as an adverse action against the license or licens- es following notice and hearing as may be re- quired. Such conditions may be imposed on a li- cense or licenses upon issuance or renewal thereof, or upon and as part of any adverse action against a license or licenses, including suspension. Con- ditions imposed on a license or licenses shall re- main on such licenses when renewed and shall continue thereafter until removed by the council in the case of conditions on Class III licenses or conditions nnposed by adverse action, and by the inspector in the case of Class I and II licenses. (dJ Stand¢rds for multiple license determin¢- tion. In any case in which the council is autho- rized to take adverse action against less than all of the licenses held by a licensee, or applied for by an applicant, the following standards may be used: (1) The nature and gravity of the grounds found by the council to exist upon which the ad- verse action would be based; (2) The policp and/or regulatory goals for the particulaz licenses involved, either as em- bodied in the Legislative Code or as found and determined by the council; (3) The interrelationship of the licenses and their relative unportance to the overall busi- ness enterprise of the licensee or applicant; (4? The management practices of the licensee or applicant with respect to each of such licenses; (5) The e�ctent to wluch adverse action against less than all of the licenses or applications would result in di�culty in enforeing and monitoruxg the adverse action taken; (6) The hardslup to the licensee or applicant that would be caused by applying adverse action to all licenses or applications; and (�? T`he hardship andtor danger to the public, or to the public health and welfare, that wauld result from adverse action against less than all of the licenses or applications. tCode 1956, § 510.Q6; Ord. No. 17584, § 1, &25-85; Ord. No. 17657, § 15, 6-8-89; Ord. No. 17659, § 2, &-13-89; Ord. No. 17901, §§ 2, 3, 1-14-92; Ord. No. 17917, §§ 2, 3, 3-31-92; Ord. No. 17922, § 1, 4-28- 92; C.F. No. 94500, § 3, 7-6-94; C.F. No. 941340, § 3, 10-19-94; C.F. No. 95-473, § 5, 5-31-95) Sec. 310.07. Termination of licenses; surety bonds; insurance contracts. (a) Autom¢tic termin¢tion, reinsttttement; re- sponsibilityoflicensee. Alllicensesorpermitswhich must, by the provisions of these chapters or other ordinances or laws, be accompanied by the filing and maintenance of insuranee poficies, deposits, guarantees, bonds or certifications shall automat- ically terminate on cancellatian or withdrawal of said policies, deposits, bonds or certifications. No licensee may continue to operate or perform the licensed activity after such termination. The lic- ensee is liable and responsible for the filing and maintenance of such policies, deposits, guaran- tees, bonds or certifications as aze required in these chapters, and shall not be entitled to assert the acts or omissaons of agents, brokers, employees, attorneys or any other persons as a defense or justification for failure to comply with such filing and maintenance requirements. In the event the 2icensee reinstates and ffies such pol9cies, depos- its, bonds or certifications within tlurty (30) days, the license is autamatically reinstated on the same terms and conditions, and for the same period as originally issued. After thirty (36) days, the appli- cant must reappiy for a renewal of his license as though it were an original application. (b) Bonds ¢nd insurance requirements: (1) Surety Companies: All surety bonds run- ning to the City of Saint Paul shall be writ- Supp. No. 30 203$ �t �t - l � � § 422.OA LEGISLATSVE CODE highway or through highway or which abufis residential buildings, residentisl property or property whose use district elassification is anything other than I-1, 1-2 and I-3 In- dustriai District, except that the council may waive the requirement for such fence or wall or reduce the height of the same where a plan approved by the bixilding officiai pro- viding for a tree planting and landscaping program is carried out which will effective- ly screen the premises from public view. (2Q) No licensee shall receive any material for use in the licensed business from any per- son under the age of eighteen t18) years without the cvritten consent of the parent or guardian of such person, which shail be kept on file hy the licensee for at least one (1) year. (11) Licensees shall be subject to reasonable in- spection at reasonable tiznes 6y proper city officials as in the case of other licensed busi- nesses. 5ec, 422.05. License not transferable. Licenses issued hereunder shall not be trans- ferable. Sec. 422.Q6. RenewaF, revocation and sus- pension. (a) Any person to whom an initial license has been issued hereunder may obtain renewal there- of by filing an appiication with the insgector in- dicating any changes in the material submitted with the initial application. The inspector shall circularize the application to those officials who review initial applications and the license shall be granted of course by the council unless, in its judg- ment, reports from city agencies or from the pub- lic demand a formal hearing be heid. Any appli- cation hereunder from a person holding a license under Ckapter 408, as of the effective date of this chapter, with respect to an e�sting premises, shall be treated as a renewal provided the licensee agrees to abide by the terms of this chapter within ninety (90) days, but no initial licenses shall be granted hereunder for other premises except in I-Z, I-2 and I-3 Industrial Districts. (b) The council may revoke, suspend or refuse to renew the license of any person hereunder for any violation of this or any other ordinance of the city, or of any statute or regulation of the State of Minnesota or agency thereof. Chapter 423. Automobile Repair C:arage aad Body Shop* Sec. 423.01. License required. (a) Automobile rep¢ir garage. No person shall maintain or operate an automobile or motor vehi- cle repair gazage in Saint Paul without a license. This does not apply where the work performed is done by a gasoline filiing station licensed under Chapter 424 and consists of the usual serviciug of motor vehicles ordinarily performed at such sta- tions, such as the sale and installation of frost skuelds, radiator hoses, spark pings, batteries and battery cables, brake fluid, oil filters, fuses, fan belts, light bulbs and windshield wipers, or such serviee as draining radiators; provided, however, that if such gasoline filling stations engage in the business of repairing mechanical parts of motor vehicles, a license as provided herein shall be re- quired. (b) Body shop. No person shall maintain or op- erate an automobile body repair or automobile body painting shop, whether alone or in conjunction with another business activity, in Saint Paul with- out a license. (C.F. No. 941562, § 1, 11-16-94) Sec. 423.02. Fee. (a) Automobile repair garage. The fee required for an automobile repair garage, which is one in which motor vehicles are repaired, shall be estab- Iished by ordinance as speeified in section 310A9(b). •Editor's note—The license under this chapter, former�y codified as Ch. 315, derived from Code 1956, §§ 345.01— 345.03, as ameaded by Ord. No. 16883, adopted Feb. ll, 1982, and was reclassiSed fzom Class I to Class III licease by Ord. No. 17207, adopted Jan. 31, 1985, and zecodified as Ch. 423. Cross references—MoWr vehide and parts dealen, Ch. 401; junkyards and junk dealers, Ch. 408; motor vehicle sai- vage dealer, Ch. 422. Supp. No. 28 2220 �-�-t�� LICEI.BES (b) Body shop. The fee required for an automo- bile body regair shop ar an autamobile body paint- ing shop, which is a shop in the husiness of mak- ing major or substantial repairs to the shell or body of an automobile, and of major or substantial painting or repainting of the shell or body, shaIl be established by ordinance as specified in section 310.03(b). - (C.F. No. 941562, § 2, 11-16-94) Crass reference—Annual iacreases in license fees, § 310.16. Sec. 423.Q3. Business hours. Where a reasonable basis is found by the coun- cil to e�dst and to protect the adjacent groperty and the public peace, health and safetp, the coun- cil, upon issuing a new license or renewing a ti- cense, may impose as a condition on the license a limitation as to the hours when the husiness may remain open. Chapter 424. Gasoline Fi3iing Stations• Sec. 424.01. License required; de&nition. (a} No persan shall engage in the business of keeping, maintaining or operating anp gasoline filling station in Saint Paul without a license. (b) A"gasoline filling station" means and in- cludes any place, building, pump or device main- tained and used on private premises or upon any public place for the main purpose of selliag or dispensing gasoline, oil or any automotive fuel for use in motor vehicles of any kind. Sec. 424.02. Fee. T'he fee required, where the gasoline fi119ng sta- tion is located wholty on private property, is as follows: for each station having three (3) pumps or fewer, fifty-three dollars ($53.00); and for each sta- 'Editor's note—The license under this chapte; formerly codified as Ch. 335, derived fmm Code 195&, §§ 351.Q7, 351.a2, 351.04--351.07, 389.02, as amended by Ord. No.16S83, adopb ed Feb. 11, 1982, and was reciassified from Class I to Class III license by Ord. No. 17208, adopted Jan. 31, 1985, and recod- i5ed as Ch. 424. Cross refereaces--Fue3 dealers in liquid fuel, Ch. 332; private fuet pumps, Ch. 336. Supp. No. 30 2221 § 424.06 tion having four (4) pumps or more, fifty-three dollars ($53.00) plus eleven doIlars ($11.00) for each pump in eacess of three (3}. Cross refernncc Anava] increases in license fees, § 310.1&. See. 424.03. Permi� It shall be vnlawfiil for any person, firm or cor poration to install, operate or maintain any curb pump or other gasoline dispensing device oa any public street, alley or other public progerty within the City of Saint Paul; provided, that the council by ordinance may grant a temporary permit, re- vocable at the pleasure of the council, for tha in- stallation, maintenance and operation of such fa- cilities in any public highway and without the portion thereof designed for vehicular traffic, ex- cept ia a district classified as residential by �irtue of the zoning code, when such facilities shall be installed, maintained and operated exclusively for the suppIying of gasoline not for public sale, but for private use in and upon the abutting premises; provided, that there be compliance with Chapter 336. Se c. 424.04. Inspecti on. It shall be the duty of such members of the dr partment of fire and safety services as the direc- tor thereof may detail for such duties to inspect all such filling stations at various and reasonable times for the purpose of ascertaining whether the provisions of all ordinances and Iaws_ pertaining to precaution against damage from fire have been complied with in the construction, operation and maintenance of said filling statioas, aud to en- force the same. Such in �ection may also be made at any reasonable time for the purpose of ascer- taining whether construction, remodeling or re- pairs have been accomplished in accord with plans or specifications required to be frled with the city. Sec. 424.05. 2Yansfer. Licenses shaii not be transferable. (C.E No. 95-474, § 1, 5-31-953 Sec. 424.06. Business hours. Where a reasonable basis is found by the coun- cil to exist and to protect the adjacent property and the public peace, health and safety, the coun- �t,`1- l �� .� (b) Ctass IZ licerzses. Where an application for the gtant, issuance or renewal of a Class II license meets all tfie requirements of law, and there exists no ground for denial, revocation or suspen- sion of, or the imposition of conditions upon, such 2icense, the director shall grant, issue or renew said licensein accordance'with the application. (c) Class I and Class II licenses, if denied by directar. in the event the director, in the case of both Ciass I and Class II licenses, determines that the application for grant, issuance or re- newal of the license does not meet all the require- meats of law' or that there exist grounds for denial, revocation, suspension or other adverse action against the license or the licensee, the dSrector shall recommend denial of the applica- tion and follow the procedures for notice and hearing as set forth in section 310.05. (d3 Class III Zfcenses. (1) Grant, issuance or transfer. Upon receipt of a fully cAmpieted agplication and required fees for a Class III license, and after the investigation required, the director shall notify the eonncil. A public hearing shall be held on the grant or issuance of alI Class III licenses. In any case where the director recommends denial of the grant, issuance or renewal of a Class III iicense, or where the counril believes that there is evidence which might result in action adverse to the original or renewal application, the direc- tor on his or her own initiative, or at the direction of the council, shall follow the procedures for notice and hearing as set forth in section 310.05. Where the applica- tion far the grant, issuance or renewal of a Class III license meets aII the require- ments of taw, and where there ea no ground for adverse action, the eouncil shall by resolution direct that the director issue such license in accordance with law. t2) Rerxewat. The director shall ia writing na tify the council, and the affecfed neighbor- hood organization(s7 established for citizen participation purposes, at least sixty (60) days before the expiration date of all Class III licenses. A public hearing on the re- newal o£ any such license shail not be held Supp. No. 83 LICENSES § 310.05 e�cept on the request of a counciimember, which request shall be incorporated in the fozm of a council resolution. Upoa the pas- sage of such resolution, the director shall give written notice of such hearing to the affected neighborhood urganizations. Such public hearing does not re�'ace or amend any of the procedures set forth in section 310.05 of the Legislative Code. if no re- quest for a public hearing is made before the expiration of any such license, and where there exists no ground for adverse action, the director shall issue the license in accordance with law. (e) Appeat; Cldss 1 or Class 77 Zicenses. An appeal to the city council may be taken by any person aggrieved by the grant, issuance' oi re- newal of a Class I or Class II license•, provided, however, that the appeal shall have been filed with the city clerk within thirty t30) days after the action hy the director. The only grounds for agpeal shall be that there has been an enor of law in the �ant, issuance or renewal of the license. The appeal shall be in writing and shall set forth in particular the alleged enors of law. The council shall conduct a hearing on the appeal within thirty (3Q) days of the date of filing and shall notify the licensee and the appellant at least ten (16) days prior to the hearing date. The prcee- dures set forth in section 310.05, insofar as is practicable, shall apply to this hearing. Following the hearing, the council may affirm or remand the matter to the inspectAr or director, or may reverse or place conditions upon f,he license based on the council's determination that the deeision was based on an error of iaw. The filing af an appeal shall not stap the issuance of the license. (fl No waiver by renewal. The renewat of any license, whether Class I, II or III, shall not be deemed to be a waiver of any past violations or of any gounds for impositSon of adverse aetion against such license. (Code 1956, § 510.04; Ord. No.17455, § 1, 5-21-87; Ord. No. i7551, § 1, 419-88; C.E No. 94500, § 1, 7-6-84; G.F. No. 95-473, § 3, 5-31-95; C.F. No. 95-1517, 1-31-96? Sec. 310.05. Hearing procedures. (a) Adverse actr:on; notice arzd hearing require- ments. In any case where the c�uacil may or 2027 ��- l�� § 310.05 LEGLSLATIVE CODE intends to consider any adverse action, including the revocation or suspension of a license, the imposition of conditions upon a license, or the denial of an application for the grant, issuance or renewal of a license, or the disapproval of a license issued by the State of Minnesota, the appficant :,r licensee shail be given natice and an opportunity to be heazd as provided herein_ The counca`1 may consider such adverse actions when recommended by the inspector, by the director, by the director of any executive department estab- lished pursuant to Chapter 9 of the Charter, by the city attorney or on its own initiative. (b) Notice. In each such case where adverse action is or wiil be considered by the council, the applicant or licensee shall have been notified in writing that adverse action may be taken against the license or application, and that he or she is entitled to a hearing before action is taken by the council. The notice shall be served or mailed a reasonable time before the hearing date, and shall state the place, date and time of the hearing. The notice shall state the issues involved or gzounds upon wtuch the adverse action may be saught or based. The council may request that such written notice be prepared and served or mailed by the inspector or by the city attomey. (c) He¢ring. Where there is no rlispute as to the facts underlying the violation oz as to the facts establishing mitigating or aggravating circum- stances, the hearing shall be held before the couneil. Othercvise the hearing shall be conducted before a hearing examiner appointed hy the coun- cil or retained by cotttract with the city for that purpose. The applicant or the licensee shall be provided an opportunity to present evidence and aro �ment as well as meet adverse tzstimony or evidence by reasonable cross-esaznination and rebuttat evidence. The hearing examiner may in its discretion permit other interested persons the opportunity to present testimony or evidence or othercvise participate in sueh hearing. (c-1) Procedure; he¢ring examiner. The hearing egaminer shatl hear all evidence as may be pre- sented on behalf of the city and the applicant oz licensee, and shall gresent to the council written findings of fact and conclusions of law, together with a recommendation for adverse action. The council shall consider the evidence con- tained in the record, tize hearing esaminer's rec- ommended findings of fact and conclusions, and shall not consider any factual testimony not pre- viously submitted to and considered by the hear- ing examiner. After receipt of the hearing egaminer's findings, conclusions, and recommen- dations, the couucil shall pravide the applicant or licensee an opportunity to present oral or written azguments alleging error on the part of the exam- iner in the application of the law or interpzetation of the facts, and to present argument related to the recommended adverse action. Upon conclu- sion of that heariug, and after considering the record, the examiner's findings and recommenda- tions, together with such additional arguments presented at the hearing, the counciT shall deter- mine what, if any, adverse action shall be taken, which action shall be by resolution. The council may accept, reject or modify the findings, conclu- sions and recommendations of the hearing exam- iner. (c-2) Ex parte contacts. If a license matter has been scheduled for an adverse hearing, council members shall not discuss the license matter with each other or with any of the parties or interested persons involved in the matter unless such dis- cussion occurs on the record during the hearings of the matter or during the council's final deiiber- ations of the matter. No interested person shall, with lmowledge that a license matter has been scheduled for adverse hearing, convey or attempt to canvey, orally or in writing, any information, argument or opinion about the matter, or any issue in the matter, to a council member or his or her staf£ until the council has taken final action on the matter; provided, however, that nothing herein shall prevent an inquiry or communica- tions regarding status, scheduling or procedures concerning a license matter. An interested person, for the purpose of this paragtaph, shall mean and include a person who is an officer or employee of the licensee which is the subject of the scheduled adverse hearing, or a person who has a financial interest in such licensae. (d) Licensee or applicant may be represented. The licensee or applicant may represent himself or choose to be represented by anothen Supp. No. 33 2028 �(�- �G3 ,� t LICEA*SES te? Necord; eaidence. The hearing examiner shall receive and keep a record of such proceedings, including testimony and eghibits, and shall re- ceive and give weight to evidence, inciuding heaz- say evidence, which possesses probative value com- monly accepted by reasonable and prudent persons in the conduct of their affairs. (� Councit actiorz, resolutiorz to contairc find- ings. Where the council takes adverse action wSth respect to a license, licensee or applicant for a license, the resolution by which such action is tak- ea shall contain its findings and determination, including the imposition oF conditions, if any. The council may adopt all or part of the findings, con- clnsions and recommendations of the hearing ex- aminer, and incorporate the same in its zesolution talang the adverse action. (g) Elddition¢I proceduns where requirnd. 4Vhere the provisions of any statute or ordinance require additional notice or hearing procedures, such pro- visions shalI be complied with and shall super- sede inconsistent pmvisions of these chapters. This s&aIl include, without limitation by reason of this specific reference, Minnesota Statutes, Chapter 364 and Minnesota Statutes, Section 340A415. (h) Discretion to hear rzotwithstandirzg mith- draw¢Z or surrender of appZication or Zicense. The council may, at its discretion, conduct a hearing or direct that a hearing be held regarding revocat5on or denial of a license, notwithstanding that the applicant or licensee has attempted or purported to withdraw or surrender said license or applica- tion, if the attempted withdrawal or surrender took piace after the applicant or 2icensee had been notified of the hearing and potential adverse ac- tion. ti? Corztirzuances. Where a hearing for the pur- pose of considering revocation or suspension of a license or other discipIinary action involving a li- cense has been scheduled before the council, a continuation of the hearing may be granted by the council president or by the council at the request of the licensee, license app2icant, an interested person or an attorney representing the foregaing, upon a shovring of good cause by the party making the request. Supp. No. 30 2029 § 310.05 (j} If'the counciI Smposes an adverse action as defined in section 310.01 above, a generic notice of such action shall be prepazed bq the license in- spector and posted by the licensee so as to be vis- ible to the public during the effective period of the adverse action. The licensee shall be responsible for taidng reasonable steps to m2ke sure the na tiee remains posted on the front door of the li- censed premises, and failure to take such reason- able precautions may be grounds for further adverse action. (k) Imposition of costs. The council may impose upon any licensee or license applicant some or all of the costs of a contested hearing before an inde- pendent hearing examiner. The costs of a contest- ed hearing include, but are not limited to, the cost of the administrative law judge or independent hearing examiner, stenographic and recording costs, copying costs, city sta$' and attomey time for which adequate records have been kept, rental of rooms and equipment necessary for the heaz- ing, and the cost of e�cpert witnesses. The council may impose all or gart of such costs in any given case if (i1 the position, claim or defense of the licensee or applicant was frivolous, azbitrary or capricious, made in bad faith, or made for the pur- pose of delay or harassment; {ii) tlxe nature of the vioiation was serious, or involved violence or the threat of violence by the licensee or emplayees thereof, or involved the sale of drugs by the lic- easee or employees thereof, and/or the circum- stances under which the violation oceuired were aggravated aad serious; (iii) the violation created a serious danger to the public health, safety or welfaze; (iv) the violation involved unreasonable risk of harm to vuinerable persans, or to persons for whose safety the licensee or applicant is or was responsibie; (v? the apglicant or liceasee was sufficiently in control of the situation and there- fore could have reasonahly avoided the violation, such as but not limited to, the nonpayatent of a required fee or the failure tA renew required in- surance policies; (vi) the violation is covered by the matrix in section 4Q926 of the Legislative Code; or (vii) the ��ioIation involved the sale of cigarettes to a minor. (1) Imposition of fcnes. The council may impose a&ne upon any licensee or license appiicant as an adverse license action. A fine may �e in such § 310.05 ��-f�� LEGISL.9TIVE CODE amount as the council deems reasonable and ap- propriate, having in mind the regulatory and en- forcement gurposes embodied in the particular li- censing ordinance. A fine may be 9n addition to ar in lieu of other adverse action in the sole discre- tion of the wuncil. 7b the extent any other provi- sion of the Legislative Code provides far the im- position of a fine, both provisions shall be read tagether to the extent possible; provided, howev- er, that in the case of any conflict or inconsistency, the other provision shall be conttolling. tCode 1956, § 510.05; Ord. No.17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88; OrtL No. 17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-14-92; C.F. No. 94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-94; C.F. No. 941340, § 2, 10-19-94; C.F. No. 95-473, § 4, 5-31-95) Sec. 310.06. Revceation; suspension; adverse actions; imposition of condi- tions. (a) Council m¢y take aduerse ¢ction. The coun- cil is authorized to take adverse action, as defined in section 310.01 above, against any or all licenses or permits, licensee or applicant for a license, as provided in and by these chapters. Adverse ac- tions against entertainment licenses issued under Chapter 411 of the Legislative Code may be initi- ated for the reasons set forth in subsection (b) be2ow, or upon any lawful grounds which aze com- municated to the license holder in writing prior to the hearing before the council. Such actions shall be initiated and carried out in accordance with the procedures outline in section 31Q.05; provid- ed, however, that the formal notice of hearing shall be used to initiate the adverse action without the use of prior procedural steps. (b) Basis for ¢etion. Such adverse action may be based on one (1) or more of the following rea- sons, which are in addition tA any other reason specifically provided by law or in these chapters: (1) The license or permit was procured by mis- representation of material facts, fraud, de- ceit or bad faith. (2) The applicant or one (1) acting in his or her behalf made oral or written misstatements or misrepresentations of materiaI facts in or accompanying the application. Supp. No. 30 2030 (3} �e license was issued in violation of any of the provisions of the Zoning Code, or the premises which aze licensed or which are to be licensed do not comply with applicable health, hausing, fire, zoning and building codes and regulations. (4) The license or permit was issued in viola- tion of law, without authority, or under a material mistake of fact. (5) The licensee or applicant has failed to com- ply with any condition set forth in the li- cense, or set forth in the resolution gran� ing or renewing the license. (6) a. The licensee or applicant (or any per- son whose conduct may by law be im- puted to the licensee or applicant) has violated, or performed any act which is a violation of, any of the provisions of these chapters or of any statute, ordi- nance or regulation reasonably related to the licensed activity, regardless of whether criminal charges have or have not been broe�ght in connection there- with; b. The licensee or applicant has been con- victed of a crime that may disqualify said applicant from holding the license in question under the standazds and procedures in Minnesota Statutes Chapter 364; or c. The licensee or applicant (or any per- son whose conduct may by law be im- guted to the licensee or applicant) has engaged in or permitted a pattern or practice of conduet of failure to compiy with laws reasonably related to the li- censed activity or from which an infer- ence of lack of fitness or good character may be drawn. (7) The activities of the licensee in the licensed activity created or have created a serious danger to the public health, safety or wel- fate, or the licensee performs or has per- formed his or her work or activity in an unsafe manner. (8? The licensed business, or the way in which such business is operated, maintains or per- � �� - �� Lic ID .................•- STAT ..................... Business Name............ Address .................. Zip ..........•••........_ Doing Business As..._.... License Name ............. Exp Date ................. Insurance Carrier........ Ins_ Policy Number....... Insurance Effective Date. Ins. E�iration Date..... NOTE AREA ................ 14762 RS FASCHING, MARY P 1728 SELBY AVE 55104 M.F. AUTOMOTIVE AUTO REPAIR GARAGE 12J16f96 INSP CHANGE FROM 02 TO O1 ON 4/09j92 12002 021188 PH ON AFPN FOR GENERAL REPAIR GARAGE LICENS E APP'D W/CONDITIONS C.F. 88-209 checked 10/28J94 in compliance at time of insp.however,this busines s requires frequent monitoring.R JENTS 10/30J95 CONTACTED MARY F.AND DICUSSED EACH INDIVI DUAL RESTI2ICTION.IT APPEARS THAT THE RESTRICTION T HAT STATES THAT ALL CARS THAT ARE LEFT IN LONG TER Press <RETURN> to continue... Alt-2 FQR IiELP° VT102 ° FDX ° 9600 S71 ° LOG CLOSSD ° PRINT OFF ° TaxId ................... Worker Comp Exp Date..... Telephone ................ M STORAGE WILL HAVE ALL BODY PARTS INTACT.I BROUGH T TO MARY'S ATTENTION THAT THEY WERE IN VIOLATION OF TFiIS RESTR.AND SHOWED HER A GMC TRUCK 612-HRSWf Q A FRONT CLIP,SHE SAID THAT SOMEONE LEFT IT THERE I ASKED HER WHO,SHE STATED SHE DID NOT KNOW.I TOLD HER TO REMOVE AS SOON AS POSS.SHE PROMISED TO COM PLY.THIS BUS.REQUIRES MUCH MONITORING.WILL KEEP AI3 EYE ONTHIS,HOWEVER MARY THINKS SHE IS BEING FiARRAS 3985334 646-Q032 Press 'C' to continue, 'P' to print, or 'R' to redisplay... lt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° � . In Re the Licenses of Mary P. Fasching — d/b/a M.F. Automotive — City's Exh. No. 3 Date: Aug 9 DBA:M.F. AUTOMOTIVE RESTRICTIONS INQUIRY SCREEN LICENSE ID: 14762 ��_lt�� R��.��`� ° � AUG 27 1996 NOTE: 1:021188 PH ON APPN FOR GENERAI, REPAIR GARAGE LICENS 2:E APP'D WITH CONDITIONS AS FOLLOWS C.F. 88-209 ��ZY 3:1. NO ON STREET REPAIR. 4:2. THfi THREE OFF-STREET PARKING SPOTS ON fiHE SITE 5: OF THE BLTSINESS NEXT TO HERSCHEL STREET WILL BE U 6: SED BY CtSSTOMERS AISD EASPLOYEES . 7:3. THE PARKING LOT CAN HOLD NO MORE THAN 12 CARS S:BOTH DiTRING AI3D AFTER BUSINESS HOURS. 9:4. NO CARS BE LEFT IN THE PARRING LOT ON A 3ACK 0 10:R LIFT. 11:5. ALL MAINTENANCE WORK WILL BE DONE II3SIDE THE B 12 : UII�DIIdG. 13:6. NO TOOLS OR PARTS WILL BE STANDING 013'PSIDE THE 14: BUILDING. 15:7. AL,L CARS 7'HAT ARE LEFT IN LONG TERM STbRAGF. (1 230TE:16: WEEX) WILL HAVE ALL BODY PARTS INTACT AND WILL BE 17: CLpSED. 18:8. IF OVER THREE VERIFIABLE COMPI,AINTS ARE RECEIV 19:ED WITHIN SIX MONTHS, THE COUNCIL WOULD CONSIDER T 20:HAT CAUSE FOR REVOCATION. 21- aa: 23• 24: 25: 26: 27• 28- 29: 30: A��Y . �, In Re the Licenses of Mary P. Fasching ; —' d!b!a M.F. Automotive — Ciry's E�. No. 4 ;. OFFICE OF TF� CITY ATTORNEY TvnoJhy & Mars, Ciry A#orney �� t CITY OF SAINT PAUL Narnr Colemmr, Mayor September 10, 1996 � � '--. � , �;';`� � Civil Divirion C5 ��.� 400 City Ha11 � 2 �� ! i° 1 c'�, saw P� 11 .+� o� ssroz EP { ;U ( L 'Iiit t �S t; � l i i+i 17�fi!"�ii7�\ xC NOTICE OF HEARING Ms. Mary P. Fasching M.F. Automotive 1728 Selby Avenue Saint Paul, Minnesota 551�4 Telephane: 612 266-8710 Facsarsile: 672 298-5619 RE: All licenses held by Masy P. Fasching d/b/a M.F. Automotive for the premises located at 1728 Selby Avenue, St. Paul Our File Number: G96-0405 Dear Ms. Fasching: Please take notice that a hearing will be held at the fallowing time, date and place concerning all licenses for the premises stated above: Date: Thursday October 24, 1996 Time: 9:30 a.m. Place: Room 220,-Coaference Rm B Board of County Commissioners St. Paul City Hall 15 W. Rellogg Blvd. Saint Paul, NaT. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: James Ranum Fifth Street Towers, Suite 1960 150 South Sth Street Mianeapolis, 2�T. 55402 Telephone: 333-7579 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adyerse action may include revocation, suspension, fines and other penalties or conditions. -� ��— lc�� Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows: �,a �� .� EY�,,- � lo � 4 �, � � �3 On JulY 24, 1996, you were in violation of condition #3 oa your license (The parking lot can hold no more tizan 12 � cars both duriag and after busiaess hours.? Sev_r*+*>�n � cars were observed in the lot. Additionally �a vehicle �e axcd.oil and gas tanks were observed on t3 ground outsi�e the building, in violation of condition #6 (No tools or parts will be standing outside the building.) d On Julv 25�1996, you were in violation of coaditioa #5 oa your license (All maintenance work will be done inside the building.) when peo�le were observ�d workinq on a red Piate in *_he parkiag lot. �j Oa Suly 28, 1995 you were in violation of condition #5 on your icease w ea work was being done on the red Pinto in the varkina lot at 11:35 a.m., . v.m., 4:30 n.m.._5:15 t '_.. �� W o.., �ti�� pn Jul 31 §� were observed blocking Herschel reet tr� traffic `1�y.� arking a trailer so tha�ther vehicles could not get through. This is a violation of Sai au egi e o e 157.07(a). � On August 1, 19 ou were observed working on a vehic e i� king lot at 6:3 aad 8:10 p.m. in vio aEion o condition #5. � On Auguat 7, 1496 at 1:30 a.m. sixteea vehicles were �bsex�re3> in � parking lot ia violatioa of condition #3. Additionally, two "junked" vehicles behind the � ilding had be�n observed th�ere for over oae week, ia violation ot condition #7 (All cars that are left in long �� term storage - oae week - will have all body parts intact and wi11 be elosed). You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with af Minnesota Statutes sections 14.57 to 14.62 and procedures under section 310.05 of the Saint Paul as may be applicable. the requirements such parts of the Legislative Code At the hearing, the Administrative Law Judge will have all parties Notice of Hearing - Page 2 i� ° L (1 - �� identify themselves for the record. The City wi11 then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Con�lusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you wi13 or may need to supgort ycur positior,. Subpoeras may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Very truly yours, �� Virginia D. Palmer Of£ice of the City ?�ttorney cc: Nancy Thomas, Office of Administrative Hearings 100 Washington Square, Suite 1700, Mpls., MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP � Christine Rozek, LIEP Sulian Loscalzo, Exec. Director, Lexington-Hamline Community Council, 1160 Selby Ave., St. Paul, MN 55104 Ed Bower, Community Organizer, Merriam Park and Snelling- Hamline Community Council, 1573 Selby Ave., Suite 311, St. Paul, MN 55104 Notice of Hearing - Page 3 c ��-(�� Parking Marking "WE PUT GARS IN LINE" EXPERTS IN TRAFFIC CONTROL 1729 SELBY AVENOE SAINT PAUL� MINNESOTA S5iO4 BOB RtTTER JACK HANSEN October 23, 1996 TO WHOM IT MAY CONCERN: We understand that a complaint has been filed against Mary Fasching and her automobile repair business at 1728 Selby Avenue. PfiONE: 690-4340 Parking Marking, Inc. has been located at 1729 Selby Avenue for the past 15 years, and we have had no prob- lems conducting our business due to their parking of cars on the street, PARKING MARKING, INC. �� ohn R. Hansen ��ice President JRH:rch 1CeS�e��'�� f # a � FREEESTIMATES• GUARANTEEDVJORK WHEELER HARDWARE CO. OFFICES AT: P.O. BOX 4305 V24 SELBY AYENUE ST. PAUL, MINNESOTA 55704 Phone:645-4501 Area:672 Fax: 645-9943 October 23, 1996 To whom it may concern: We understand that a complaint tias been filed against the business lacated at 1728 Selby Ave. �,� .1� � DOOR and fRAME SHOP 3650 NORTH KENT STREET 5T. PAUL, MINNESOTA 55726 Phone: 4849607 Faz: d84-9460 This business has never hindered our business operation and has always been considerate with their vehicles. We have never had a problem with the street being blocked from this business. Sincerely, � � Kirk��ler Wheeler Hardware Company �G �' l T X Irt r�r I � CITY OF SAINT PAI7L Narm CaTemmt, Mayor September l�, 1996 OF'FIC�F TI� CITY ATTORNEY Timo[h�larx, Ciry Attomey c l'1 � ►,�3 Civil Division 400 City Hall IS West KelloggBlvd Sa'nu Pau� M'mnesom SSIO2 Telephone: 612 266-87I0 Facsimile: 672 298-5619 NOTICE OF HEARSNG Ms. Mary P. Fasching M.F. Automotive 1728 Selby Avenue Saint Paul, Minnesota 55104 RE: All liceases held by Mary P. Fasching dlbfa M.F. Automotive for the premises located at 1728 Selby Avenue, St. Paul Our File Number: G96-0405 Dear Ms. Fasching: Please take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises stated above: Date: Thursday October 24, 1996 Time: 9:30 a.m. Place: Room 220, Conference Rm B Board of County Commisaioners St. Paui City Aall 15 W. Kellogg Blvd. Saint Paul, 2�T. 55102 The hearing will be presided over by an Administrative Law Judge from the Statie of Minnesota Office of Administrative Hearings: Name: James Ranum Fifth Street Towers, Suite 1960 150 5outh Sth Street Mianeapolis, 2�i. 55402 Telephone: 333-7579 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses £or intoxicating and non-intoxicating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. � t � In Re the Licenses of Mary P. Fasching J -' d!b!a M.F. Automotive City's Exh. No. 6 � � �� - 1��3 Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows: On July 24, 1996, you were in violation of condition #3 on your licease (The parking lot can hold no more than 12 cars both during and after busiaess hours.} Seventeen cars were observed in the lot. Additionally, a vehicle frame and oi1 and gas tanks were observed on the ground outside the building, ia violatioa of conditioa #5 (No tools or parts will be standing outside the building.) Oa July 25, 1996, you were in violation of condition #5 on your license (All maintenance work will be done inside the building.) when people were observed working on a red Pinto in the parking lot. On July 28, 1996 you were in violation o£ condition #5 oxi your license when work was being done on the red Pinto in the parking lot at 11:35 a.m., 4:00 p.m., 4:30 p.m., 5:15 p.m. and 8:45 p.m. On July 31, 1996 you were observed blocking Herschel Street to traffic by parki.ag a trailer so that other vehicles could not get through. This is a violation of Saint Paul Legislative Code § 157.07(a). �n August l, 1996 you were observed working on a vehicle in the parking lot at 6:30 p.m. and 8:10 p.m. in violation of conditioa #5. On August 7, 1996 at 1:3U a.m, sixteea vehicles were observed in your parking lot in violation of condition #3. Additionally, two "jwnked" vehicles behind the buildiag had been observed there for over one week, in violation of condition #7 (All cars that are left in long term storage - one week - will have all body parts intact and will be closed). You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized praatice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul I,egislative Code as may be applicable. At the hearing, the Administrative Law Judge will have all parties Notice of Hearing - Page 2 •� � � °�'�l -- !�S identi£y themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then o£fer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; £or example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules; part 1400.7000. If you think that a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Very truly yours, �� .� C-�..� Virginia D. Palmer Office of the City Attorney cc: Nancy Thomas, Office of Administrative Hearings 100 Washington Square, Suite 1700, Mp1s., MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Julian Loscalzo, Exec. Director, Lexington-Hamline Community Council, 1160 Selby Ave., St. Paul, MN 55104 Ed Bower, Community Organizer, Merriam Park and Snelling- Hamline Community Council, 1573 Selby Ave., Suite 311, St. Paul, MN 55104 Notice of Hearing - Page 3 . . _ � G� � - Z�3 STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) � AFFIDAVIT OF SERVICS 8Y MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on September 11, 1996, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Ms. Mary P. Fasching M.F. Automotive 1728 Selby Avenue St. Paul, MN. 55104 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this lith day of September, 1996. �� - Notary Publi� � R1TA M. BOSSARD � - NOTAflYPUBLIC-MINNESOTA aannsev couNnr My Comm. 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