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97-424� ^ �g �!€' S e ti Y f 1, k 4,.' i �'- � �..d L . .. F . ..� RESOLUTION OF SAINT PAUL, MJ Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1& 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 3b 37 38 39 40 41 42 43 Council File # � ` �Z Green Sheet # �� a� Committee: Date WHEREAS, the City of Saint Paul, Department of Licenses, Inspection and Environmental Protection began an adverse action against a11 the licenses held by Laro, Inc., d/bla Patrick's Lounge, the premises locaxed at 1318 W. Larpenteur, Saint Pau1, Mimiesota for failure to pay license fees; and WHEREAS, on or about September 20, 1996 the licensee was duly notified that an adverse action hearing had been set for November 1, 1996 before an Administrative Law Judge; and WHEREAS, the licensee did not appear at the November l, 1996 heazing and the Office of LIEP presented evidence which it believed supported the adverse action against all the licenses held by Laro, Inc., d/bla Patrick's Lounge; and WHEREAS, on December 2, 1996 the Administrative Law Judge served its Findings of Fact, Conclusions of Law and Recommendation on the parties; and WHEREAS, at a public hearing on January 2, 1997 to consider the Recommendation of the Administrative Law Judge, notice of which was given to the licansee, the licensee did not appear; NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Saint Paul, after due deliberation based upon all the files, records and proceedings herein, including the documents and e�ibits submitted to the Administrative Law Judge, the adoption of tlte Findings, Conclusions and Recommendation of the Administrative Law Judge and such azguments as were heazd at the public hearing on January 2, 1497, does hereby order: 1. That all licenses held in the name of Laro, Inc., d/b/a Patrick's Lounge, located at 131 & West Larpenteur, Saint Paul, Minnesota, aze hereby suspended until the licensee has made payment of all due and owing license and late fees, and the costs of the contested heazing in this matter, which payment shall be in the form of cash or cashier's check, said suspension to begin one week following adoption of this resolution. e 2. That in addirion, all licenses held in the name of Laro, Inc., d!b!a Patrick's Lounge, located at 1318 West Larpenteur, Saint Paul, Minnesota, are suspended for an additional period of seven days, said seven (7) days to be served after the payment of all fees and costs. Notice of the effective date of said suspension shall be given to the licensee in writing by the O�ce of License, Inspections and Environmental Protection, and licensee sha11 not reopen until they have received written nofice to do so. ..- . 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ' 3. That a condition shall be added to the licenses held by Laro, Inc., d!b/a Patrick's �� Lounge, which requires a11 future payments of license fees to be in the form of cash, certified or cashier's check. 4. That an addifional condirion shall be added to the licenses held by Laro, Inc., d/b/a Patrick's Lounge, stating as follows: In the event that the licensee is delinquent with payment of license fees, it shall be sufficient to file an affidavit by LIEP personnel to that effect, and to schedule a public hearing in front of the Saint Paul City Council with due notice to the licensee, to effect immediate suspension of the license until all license and late fees are paid. A copy of this Resolution, as adopted, shall be sent by first class mail to the Licensee and the Aduuuistrative Law Judge. �,N p��$�t �� ' . �; � , �a 4,�' ; s W < '�; „ Requested by Department of: Adopted by Council: Date ""� Adoption Certified by Counc Secretary By : c „___ a.. . .v-, Q —r��,::�_ / Approved by Ma r: Date � z g� By: ! °' � � +�'V�`� By: Eorm Approved by City Attoxn,ey � //� ` �} ! ay: 7/G`r9 cY_�� t�� Cc-�.-,. L' Approved by Mayor for Submission to Council By: �� City.Ca 1-10-97 I GREEN SHEET � DEPAATMEM DIRECTOR ? `:_=_'= 68650 assic" ��maTror:Her NUMBERFOR DATE) ROUTING � BUDGET DIRECTOR OqDEF � MAYOR (OR ASSISTAN'n TOTAL �f OF SIGNATURE PAGES (CLIP AL� LOCATIONS FOR SIGNATURE) rc�mnwnTe q7Y COUNpI am c�aK FIN. & MGT. SERVICES DIR. Finalizing City Council ac6on taken January 2, 1997, concerning adverse action against licenses held by Patrick's Lounge, 1318 West Iarpenteur Avenue. _ PIANNWGCOMMISSION _ GIVILSEFiVICECOMMISSION _ CIB COMMITfEE _ _ STAFF _ _ DISTAICTCOURT _ SUPPORTS WHICH COUNCIL OBJECTIVEI I5SUE, What, When, Whera. PERSONAL SER4ICE CONTpACTS MUST APlSWER THE FOLLOWING DUESTIONS: 1. Has this personRirm ever xrorketl under a conhact for th7s AepaRment? YES NO 2. Has this personttirm ever 6een a city employee? YES NO 3. Dces this personftirm possess a skill not normally possessed by any curreni ciry employee? YES NO Explain ntl yes answers on separate sheet ana attach to green sheM ' , _ .`'7'', '`t.r��'1C�r`� . _ �.. . ,, a,ti. wF;� � �? l�:if -- - — --.. _� � ___ _,� _ � �>,., AMOUNT OF TRANSACTION $ COST7REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIWG SOURCE ACTIVITY NUMBER FINANCIAI INFORINATI�N� (EXPLAIN) STATE OF MINNESOTA 9 � � y � OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South , Minneapolis, Minnesota 55401-2138 December 2, 1996 City Clerk Saint Paul City Council 386 City Hall 15 West Kellogg Blvd. Saint Paul, Minnesota 55102 Re: The Licenses of Laro, Inc., d/b/a Patrick's Lounge, 1318 West Larpenteur Saint Paul, Minnesota File No. 80-2111-10757-6 Dear City Clerk: Enclosed for service upon the Saint Paul City Council are the Findings of Fact, Conclusions of Law and Recommendation for the above-referenced matter. A copy of this Report has also been served this day on Virginia Palmer of the Office of the City Attorney and Arnold J. Kampa on behalf of the licensee. Sincerely, <�/ �� Ri A. McConnell dministrative Law Judge cc: Ms. Virginia Palmer Mr. Arnold J. ICampa Providing Impartial Hearings for Government and Citizens An Equai Opportunity Employer Administrative Law Section & Administrative Services (612} 341-7600 � TDD No. (612) 341-7346 � FaY No. (612) 349-2665 a� � - t--\2- December 2, 1996 Ms. Virginia D. Falmer Assistant City Attorney 400 City Hall 15 West Rellogg Blvd. 5aint Paul, MN 55102 Mr. Arnold J. Kampa Patrick's Lounqe 1318 West Larpenteur Avenue Saint Paul, MN 55113 Re: The Licenses of Laro, Inc., d/b/a Patrick's Lounge, 1318 West Larpenteur 5aint Paul, Minnesota File No. 80-2111-10757-6 Dear Ms. Palmer and Mr. Kampa: Enclosed for service upon you please find a copy o£ the Findings o£ Fact, Conclusions o£ Law and Recommendation in the above-captioned matter. A copy has also been served this day upon the City Clerk. 5incerely, Ri a� A. McConnell Administrative Law Judge � City Clerk �� -� �'" 5TATE OF MII3NESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF SAINT PAUL In re the Licenses of Laro, Inc. djh/a Patrick's Lounge, 1318 West Larpenteur, Saint Paul, Minnesota 55113 80-2111-1Q757-6 FINDINGS OF FACT CONCLUSIONS OF LAW AND RECONII�IENDATION The above-entitled matter came on for hearing be£ore Administrative Law Judge Rita A. McConnell on November 1, 1996 at 9:30 a.m., in Room 41, Saint Paul City Hall, 15 West Kellogg Blvd., 5aint Paul, Minnesota, 55102. The record closed on November 1 at the close of the hearing. Virginia D. Palmer, Assistant City Attorney, appeared on behal£ of the City of Saint Paul, Office of License, Inspections and Environmental Protection (LIEP). No representative appeared on behalf of the Licensee. Notice is hereby given that this Report is a recommendation only and not a final decision. The Saint Paul City Council will make the final decision. After a review of the record, it may adopt, reject, or modify the Findings of Fact and Recommendations contained herein. Pursuant to Saint Paul Legislative Code Section 310.05, the City Council will provide each party adversely affected by this Report to present oral or written argument alleging error in this Report and present arguments to the Council related to any recommended adverse action. Parties should contact the City Clerk, St. Paul City Council, 386 City Hall, St. Paul, Minnesota 55102, to ascertain the procedure for filing exceptions or presenting argument. �� - `� �' STATEMENT OF ISSUES 1. Whether Liaensee failed to pay current license £ees in a timely manner. 2. Whether Licensee should be assessed the costs af the contested hearing on the grounds the licensee's defense was made £or the purpose o£ delay or harassment. Based upon all the files, records and proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. Licensee Laro, Inc. ("Laro") holds several licenses in connection with the business known as Patrick's Lounge, including restaurant, entertainment, and liquor on-sale licenses. City�s Exhibit No. 3. The licenses expired on August 31, 1996. 2. Prior to August 31, the City af Saint Paul issued a License Renewal Invoice to Laro indicating that a license renewal fee of $5,934.00 would be due and owing upon the renewal of Laro's licenses for Patrick's Lounge. The invoice further indicated the licensee fee could be paid in two equal installments, with the first installment of $3,609.�0 due on or before August 31, 1496. City's Exhibit No. 1. 3. On or about August 28, 1946, Arnold J. Kampa, the associated stockholder of Laro, Inc., applied for a renewal of Laro's On Sale Liquor license. At the same time, Mr. Rampa presented a check for the first installment on the 1996-97 license fee. The check was for $3,609.�0 and was written on the account of Laro, Inc. at Western Bank & Insurance Agency. City's Exhibit No. l. 4. Mr. Kampa presented the check to Rristina Schweinler, Senior License Inspector at LIEP. Because Mr. Rampa has twice before attempted to pay Laro's licensing fees with insufficient �unds checks, Ms. Schweinler asked 2 a � - �-1 �- him if the check would clear the bank. Mr. Rampa assured her it would. 5. Ms. Schweinler contacted the bank on August 29 to determine i£ Laro had sufficient funds to cover the check. Ms. Schweinler was infarmed sufficient funds were not available. 6. Ms. Schweinler then telephoned Mr. Kampa to inform him that he would be required to bring the license fee to the LIEP office in either cash or cashier's check by Tuesday, September 3, 1996. 7. Mr. Rampa failed to bring the license fee to LZEP by September 3, 1996 and the license fees remained unpaid as of October 31, 1996. Ms. Schweinler checked with the bank several times during the interim and each time was informed the check could not be covered with funds in Laro's account. 8. Laro failed to provide proper and timely payment of the license fees for Patrick's Lounge on a prior occasion. The second installment of his fees for 1995-9b was also paid with an NSF check, resulting in an administrative hearing for adverse action. Following that hearing, which no representative of Laro attended, the Administrative Law Judge recommended suspension of the license until the fees, late charges and collection costs, along with costs of the hearing, were paid in full. 9. Mr. Kampa paid the amount due pursuant to the administrative order on the day the matter was scheduled for hearing before the Saint Paul City Council. The Council adopted the Findings and Recommendation of the Administrative Law Judge and further imposed a condition on Laro's licenses that payment of license fees be timely made. 10. On September 6, 1996, the City sent a Notice o£ Violation to Arnold J. Kampa indicating it intended to take adverse action against the licenses of Laro for nonpayment of £ees. The Notice was sent by mail to Mr. Kamga in care of Patrick's Lounge. K3 ��-� �- 11. The City issued a Notice of Hearing in this matter an September 20, 1996, setting the hearing for Friday, November 1, 1996. Patrick's Lounge has continued to operate while this action was pending. 12. The City has requested adverse aation against the licenses of Laro that would include seven day suspension of the license, a condition that all fees be paid in cash or by cashier's check, and a condition that the license would automatically be suspended unless fees are paid on time. Based upon the foregoing, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the Saint Paul City Council have jurisdiction in this matter pursuent to Minn. Stat. Section 14.50 and St. Paul Legislative Code Sections 310.05 and 310.06. The Licensee received timely and proper notice of the hearing of this matter. 2. The Saint Paul Legislative Code provides for adverse action against a license if the Licensee £ails to comply with any condition set £orth in the license, or i£ the Licensee violates a provision of the Code, a statute, an ordinance, or a regulation reasonably related to the licensed activity. St. Paul Legislative Code Section 310.06(b)(5) and (6). 3. The Licensee is in default herein under Minn. Rule 1400.6000 as a result of its failure to appear at the hearing. 4. Pursuant to Minn. Rule 1400.6000, the allegations o£ and the issues set out in the Notice and Order for Hearing may be taken as true and deemed proved without further evidence when a party defaults. 5. The City has established that the licensee failed to pay its license fee on time. 4 �� -��-- 6. The failure ta pay the license fee on time is a violation of the Saint Paul City Council condition on the license and the 5aint Paul Legislative Code. 7. The defense of the licensee in this matter was interposed only for delay. Based upon the foregoing Conclusions, the Administrative Law 3udge makes the following: RECOMMEENDATION IT IS HEREBY RECOMMENDED that the St. Paul City Council take adverse action against the licenses of Laro, Znc. d/b/a Patrick's Lounqe by 1) requiring payment in cash or cashier's check of the license fees, penalties, insufficient check charge, and the costs of the administrative hearing; 2) suspending the license for a period of seven days; 3} imposing a condition on the license that all payments o£ license fees be paid with cash or cashier's check; 4) suspending the license automatically if license £ees are not paid on time. Dated this 2nd day of December, 1996. A. Reported: Taped, not transcribed. NOTICE Law Judge The St. Paul City Council is requested to serve a copy of its final decision upon the Administrative Law Judge as well as the parties by first class mail. 5 � � - �=t �- MEMORANDUM Laro, Inc. and its associated stockholder, Arnold ICampa, have apparently lighted upon a scheme for delaying payment of license fees for several months. The scheme, which has been repeated three times now, permits Laro to operate its licensed premises for several months while the City provides it with proper notice and a hearing to take action against the license. The license holder then gays the fees at the last moment, incurring additional costs, but avoiding other adverse action. The City has understandably run out o£ patience with this ploy and requests both punitive action for the current delay and future action in the event the scheme is repeated. In light of Laro's history of intentional delay, both results are justifiable and appropriate. R.A.M. G OFFICE OF TI� CITY A'I'TORNEY Tm�othy E. Mars, Ciry Auorney CITY OF SAINT PAUL Norm Co7eman, Mayor CrviT Divirion 900 Ciry Flal! 75 West Kelkgg Blvd Saint Pau� M'mnesota SSIO2 ��1 -��- Tekphone: 612 266-87I D Facsmei/e; 671298-5619 December 9, 1996 NOTICS OF COt7NCIL BEARING Arnold J. Kampa Patrick's Lounge 1318 Larpenteur Avenue West Saint Paul, Minnesota 55113 Re: Licenses of Laro, Inc. d/bJa Patrick's Lounge £or the premises located at 1318 Larpenteur Avenue West, St. Paul License ID No. 14184 & 95543 Dear Mr. Kampa: Please take notice that a nearing on the report of the Administrative Law Judge concerning the above-mentioned license has been scheduled for 4:30 p.m., Thursday, January 2, 1997, 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 eime during normal business hours. You may 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 Counail will base its decision on the record of the pzoceedings 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, �/� � :� C��, ��..�'d ��.,��. � � - _ � Virginaa D. Palmer Assistant City Attorney �ti � ��` �� _._ _ � _. �e�- cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LSEP " Julie Hoff, Community Organizer, Dist. 10 Como Community Council, 1556 Como Ave., St. Paul, MN 55108 4� ^ �g �!€' S e ti Y f 1, k 4,.' i �'- � �..d L . .. F . ..� RESOLUTION OF SAINT PAUL, MJ Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1& 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 3b 37 38 39 40 41 42 43 Council File # � ` �Z Green Sheet # �� a� Committee: Date WHEREAS, the City of Saint Paul, Department of Licenses, Inspection and Environmental Protection began an adverse action against a11 the licenses held by Laro, Inc., d/bla Patrick's Lounge, the premises locaxed at 1318 W. Larpenteur, Saint Pau1, Mimiesota for failure to pay license fees; and WHEREAS, on or about September 20, 1996 the licensee was duly notified that an adverse action hearing had been set for November 1, 1996 before an Administrative Law Judge; and WHEREAS, the licensee did not appear at the November l, 1996 heazing and the Office of LIEP presented evidence which it believed supported the adverse action against all the licenses held by Laro, Inc., d/bla Patrick's Lounge; and WHEREAS, on December 2, 1996 the Administrative Law Judge served its Findings of Fact, Conclusions of Law and Recommendation on the parties; and WHEREAS, at a public hearing on January 2, 1997 to consider the Recommendation of the Administrative Law Judge, notice of which was given to the licansee, the licensee did not appear; NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Saint Paul, after due deliberation based upon all the files, records and proceedings herein, including the documents and e�ibits submitted to the Administrative Law Judge, the adoption of tlte Findings, Conclusions and Recommendation of the Administrative Law Judge and such azguments as were heazd at the public hearing on January 2, 1497, does hereby order: 1. That all licenses held in the name of Laro, Inc., d/b/a Patrick's Lounge, located at 131 & West Larpenteur, Saint Paul, Minnesota, aze hereby suspended until the licensee has made payment of all due and owing license and late fees, and the costs of the contested heazing in this matter, which payment shall be in the form of cash or cashier's check, said suspension to begin one week following adoption of this resolution. e 2. That in addirion, all licenses held in the name of Laro, Inc., d!b!a Patrick's Lounge, located at 1318 West Larpenteur, Saint Paul, Minnesota, are suspended for an additional period of seven days, said seven (7) days to be served after the payment of all fees and costs. Notice of the effective date of said suspension shall be given to the licensee in writing by the O�ce of License, Inspections and Environmental Protection, and licensee sha11 not reopen until they have received written nofice to do so. ..- . 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ' 3. That a condition shall be added to the licenses held by Laro, Inc., d!b/a Patrick's �� Lounge, which requires a11 future payments of license fees to be in the form of cash, certified or cashier's check. 4. That an addifional condirion shall be added to the licenses held by Laro, Inc., d/b/a Patrick's Lounge, stating as follows: In the event that the licensee is delinquent with payment of license fees, it shall be sufficient to file an affidavit by LIEP personnel to that effect, and to schedule a public hearing in front of the Saint Paul City Council with due notice to the licensee, to effect immediate suspension of the license until all license and late fees are paid. A copy of this Resolution, as adopted, shall be sent by first class mail to the Licensee and the Aduuuistrative Law Judge. �,N p��$�t �� ' . �; � , �a 4,�' ; s W < '�; „ Requested by Department of: Adopted by Council: Date ""� Adoption Certified by Counc Secretary By : c „___ a.. . .v-, Q —r��,::�_ / Approved by Ma r: Date � z g� By: ! °' � � +�'V�`� By: Eorm Approved by City Attoxn,ey � //� ` �} ! ay: 7/G`r 9�i<-GCY _� �� L� C�-�.-,. L' Approved by Mayor for Submission to Council By: �� City.Ca 1-10-97 I GREEN SHEET � DEPAATMEM DIRECTOR ? `:_=_'= 68650 assic" ��maTror:Her NUMBERFOR DATE) ROUTING � BUDGET DIRECTOR OqDEF � MAYOR (OR ASSISTAN'n TOTAL �f OF SIGNATURE PAGES (CLIP AL� LOCATIONS FOR SIGNATURE) rc�mnwnTe q7Y COUNpI am c�aK FIN. & MGT. SERVICES DIR. Finalizing City Council ac6on taken January 2, 1997, concerning adverse action against licenses held by Patrick's Lounge, 1318 West Iarpenteur Avenue. _ PIANNWGCOMMISSION _ GIVILSEFiVICECOMMISSION _ CIB COMMITfEE _ _ STAFF _ _ DISTAICTCOURT _ SUPPORTS WHICH COUNCIL OBJECTIVEI I5SUE, What, When, Whera. PERSONAL SER4ICE CONTpACTS MUST APlSWER THE FOLLOWING DUESTIONS: 1. Has this personRirm ever xrorketl under a conhact for th7s AepaRment? YES NO 2. Has this personttirm ever 6een a city employee? YES NO 3. Dces this personftirm possess a skill not normally possessed by any curreni ciry employee? YES NO Explain ntl yes answers on separate sheet ana attach to green sheM ' , _ .`'7'', '`t.r��'1C�r`� . _ �.. . ,, a,ti. wF;� � �? l�:if -- - — --.. _� � ___ _,� _ � �>,., AMOUNT OF TRANSACTION $ COST7REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIWG SOURCE ACTIVITY NUMBER FINANCIAI INFORINATI�N� (EXPLAIN) STATE OF MINNESOTA 9 � � y � OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South , Minneapolis, Minnesota 55401-2138 December 2, 1996 City Clerk Saint Paul City Council 386 City Hall 15 West Kellogg Blvd. Saint Paul, Minnesota 55102 Re: The Licenses of Laro, Inc., d/b/a Patrick's Lounge, 1318 West Larpenteur Saint Paul, Minnesota File No. 80-2111-10757-6 Dear City Clerk: Enclosed for service upon the Saint Paul City Council are the Findings of Fact, Conclusions of Law and Recommendation for the above-referenced matter. A copy of this Report has also been served this day on Virginia Palmer of the Office of the City Attorney and Arnold J. Kampa on behalf of the licensee. Sincerely, <�/ �� Ri A. McConnell dministrative Law Judge cc: Ms. Virginia Palmer Mr. Arnold J. ICampa Providing Impartial Hearings for Government and Citizens An Equai Opportunity Employer Administrative Law Section & Administrative Services (612} 341-7600 � TDD No. (612) 341-7346 � FaY No. (612) 349-2665 a� � - t--\2- December 2, 1996 Ms. Virginia D. Falmer Assistant City Attorney 400 City Hall 15 West Rellogg Blvd. 5aint Paul, MN 55102 Mr. Arnold J. Kampa Patrick's Lounqe 1318 West Larpenteur Avenue Saint Paul, MN 55113 Re: The Licenses of Laro, Inc., d/b/a Patrick's Lounge, 1318 West Larpenteur 5aint Paul, Minnesota File No. 80-2111-10757-6 Dear Ms. Palmer and Mr. Kampa: Enclosed for service upon you please find a copy o£ the Findings o£ Fact, Conclusions o£ Law and Recommendation in the above-captioned matter. A copy has also been served this day upon the City Clerk. 5incerely, Ri a� A. McConnell Administrative Law Judge � City Clerk �� -� �'" 5TATE OF MII3NESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF SAINT PAUL In re the Licenses of Laro, Inc. djh/a Patrick's Lounge, 1318 West Larpenteur, Saint Paul, Minnesota 55113 80-2111-1Q757-6 FINDINGS OF FACT CONCLUSIONS OF LAW AND RECONII�IENDATION The above-entitled matter came on for hearing be£ore Administrative Law Judge Rita A. McConnell on November 1, 1996 at 9:30 a.m., in Room 41, Saint Paul City Hall, 15 West Kellogg Blvd., 5aint Paul, Minnesota, 55102. The record closed on November 1 at the close of the hearing. Virginia D. Palmer, Assistant City Attorney, appeared on behal£ of the City of Saint Paul, Office of License, Inspections and Environmental Protection (LIEP). No representative appeared on behalf of the Licensee. Notice is hereby given that this Report is a recommendation only and not a final decision. The Saint Paul City Council will make the final decision. After a review of the record, it may adopt, reject, or modify the Findings of Fact and Recommendations contained herein. Pursuant to Saint Paul Legislative Code Section 310.05, the City Council will provide each party adversely affected by this Report to present oral or written argument alleging error in this Report and present arguments to the Council related to any recommended adverse action. Parties should contact the City Clerk, St. Paul City Council, 386 City Hall, St. Paul, Minnesota 55102, to ascertain the procedure for filing exceptions or presenting argument. �� - `� �' STATEMENT OF ISSUES 1. Whether Liaensee failed to pay current license £ees in a timely manner. 2. Whether Licensee should be assessed the costs af the contested hearing on the grounds the licensee's defense was made £or the purpose o£ delay or harassment. Based upon all the files, records and proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. Licensee Laro, Inc. ("Laro") holds several licenses in connection with the business known as Patrick's Lounge, including restaurant, entertainment, and liquor on-sale licenses. City�s Exhibit No. 3. The licenses expired on August 31, 1996. 2. Prior to August 31, the City af Saint Paul issued a License Renewal Invoice to Laro indicating that a license renewal fee of $5,934.00 would be due and owing upon the renewal of Laro's licenses for Patrick's Lounge. The invoice further indicated the licensee fee could be paid in two equal installments, with the first installment of $3,609.�0 due on or before August 31, 1496. City's Exhibit No. 1. 3. On or about August 28, 1946, Arnold J. Kampa, the associated stockholder of Laro, Inc., applied for a renewal of Laro's On Sale Liquor license. At the same time, Mr. Rampa presented a check for the first installment on the 1996-97 license fee. The check was for $3,609.�0 and was written on the account of Laro, Inc. at Western Bank & Insurance Agency. City's Exhibit No. l. 4. Mr. Kampa presented the check to Rristina Schweinler, Senior License Inspector at LIEP. Because Mr. Rampa has twice before attempted to pay Laro's licensing fees with insufficient �unds checks, Ms. Schweinler asked 2 a � - �-1 �- him if the check would clear the bank. Mr. Rampa assured her it would. 5. Ms. Schweinler contacted the bank on August 29 to determine i£ Laro had sufficient funds to cover the check. Ms. Schweinler was infarmed sufficient funds were not available. 6. Ms. Schweinler then telephoned Mr. Kampa to inform him that he would be required to bring the license fee to the LIEP office in either cash or cashier's check by Tuesday, September 3, 1996. 7. Mr. Rampa failed to bring the license fee to LZEP by September 3, 1996 and the license fees remained unpaid as of October 31, 1996. Ms. Schweinler checked with the bank several times during the interim and each time was informed the check could not be covered with funds in Laro's account. 8. Laro failed to provide proper and timely payment of the license fees for Patrick's Lounge on a prior occasion. The second installment of his fees for 1995-9b was also paid with an NSF check, resulting in an administrative hearing for adverse action. Following that hearing, which no representative of Laro attended, the Administrative Law Judge recommended suspension of the license until the fees, late charges and collection costs, along with costs of the hearing, were paid in full. 9. Mr. Kampa paid the amount due pursuant to the administrative order on the day the matter was scheduled for hearing before the Saint Paul City Council. The Council adopted the Findings and Recommendation of the Administrative Law Judge and further imposed a condition on Laro's licenses that payment of license fees be timely made. 10. On September 6, 1996, the City sent a Notice o£ Violation to Arnold J. Kampa indicating it intended to take adverse action against the licenses of Laro for nonpayment of £ees. The Notice was sent by mail to Mr. Kamga in care of Patrick's Lounge. K3 ��-� �- 11. The City issued a Notice of Hearing in this matter an September 20, 1996, setting the hearing for Friday, November 1, 1996. Patrick's Lounge has continued to operate while this action was pending. 12. The City has requested adverse aation against the licenses of Laro that would include seven day suspension of the license, a condition that all fees be paid in cash or by cashier's check, and a condition that the license would automatically be suspended unless fees are paid on time. Based upon the foregoing, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the Saint Paul City Council have jurisdiction in this matter pursuent to Minn. Stat. Section 14.50 and St. Paul Legislative Code Sections 310.05 and 310.06. The Licensee received timely and proper notice of the hearing of this matter. 2. The Saint Paul Legislative Code provides for adverse action against a license if the Licensee £ails to comply with any condition set £orth in the license, or i£ the Licensee violates a provision of the Code, a statute, an ordinance, or a regulation reasonably related to the licensed activity. St. Paul Legislative Code Section 310.06(b)(5) and (6). 3. The Licensee is in default herein under Minn. Rule 1400.6000 as a result of its failure to appear at the hearing. 4. Pursuant to Minn. Rule 1400.6000, the allegations o£ and the issues set out in the Notice and Order for Hearing may be taken as true and deemed proved without further evidence when a party defaults. 5. The City has established that the licensee failed to pay its license fee on time. 4 �� -��-- 6. The failure ta pay the license fee on time is a violation of the Saint Paul City Council condition on the license and the 5aint Paul Legislative Code. 7. The defense of the licensee in this matter was interposed only for delay. Based upon the foregoing Conclusions, the Administrative Law 3udge makes the following: RECOMMEENDATION IT IS HEREBY RECOMMENDED that the St. Paul City Council take adverse action against the licenses of Laro, Znc. d/b/a Patrick's Lounqe by 1) requiring payment in cash or cashier's check of the license fees, penalties, insufficient check charge, and the costs of the administrative hearing; 2) suspending the license for a period of seven days; 3} imposing a condition on the license that all payments o£ license fees be paid with cash or cashier's check; 4) suspending the license automatically if license £ees are not paid on time. Dated this 2nd day of December, 1996. A. Reported: Taped, not transcribed. NOTICE Law Judge The St. Paul City Council is requested to serve a copy of its final decision upon the Administrative Law Judge as well as the parties by first class mail. 5 � � - �=t �- MEMORANDUM Laro, Inc. and its associated stockholder, Arnold ICampa, have apparently lighted upon a scheme for delaying payment of license fees for several months. The scheme, which has been repeated three times now, permits Laro to operate its licensed premises for several months while the City provides it with proper notice and a hearing to take action against the license. The license holder then gays the fees at the last moment, incurring additional costs, but avoiding other adverse action. The City has understandably run out o£ patience with this ploy and requests both punitive action for the current delay and future action in the event the scheme is repeated. In light of Laro's history of intentional delay, both results are justifiable and appropriate. R.A.M. G OFFICE OF TI� CITY A'I'TORNEY Tm�othy E. Mars, Ciry Auorney CITY OF SAINT PAUL Norm Co7eman, Mayor CrviT Divirion 900 Ciry Flal! 75 West Kelkgg Blvd Saint Pau� M'mnesota SSIO2 ��1 -��- Tekphone: 612 266-87I D Facsmei/e; 671298-5619 December 9, 1996 NOTICS OF COt7NCIL BEARING Arnold J. Kampa Patrick's Lounge 1318 Larpenteur Avenue West Saint Paul, Minnesota 55113 Re: Licenses of Laro, Inc. d/bJa Patrick's Lounge £or the premises located at 1318 Larpenteur Avenue West, St. Paul License ID No. 14184 & 95543 Dear Mr. Kampa: Please take notice that a nearing on the report of the Administrative Law Judge concerning the above-mentioned license has been scheduled for 4:30 p.m., Thursday, January 2, 1997, 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 eime during normal business hours. You may 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 Counail will base its decision on the record of the pzoceedings 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, �/� � :� C��, ��..�'d ��.,��. � � - _ � Virginaa D. Palmer Assistant City Attorney �ti � ��` �� _._ _ � _. �e�- cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LSEP " Julie Hoff, Community Organizer, Dist. 10 Como Community Council, 1556 Como Ave., St. Paul, MN 55108 4� ^ �g �!€' S e ti Y f 1, k 4,.' i �'- � �..d L . .. F . ..� RESOLUTION OF SAINT PAUL, MJ Presented By Referred To 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1& 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 3b 37 38 39 40 41 42 43 Council File # � ` �Z Green Sheet # �� a� Committee: Date WHEREAS, the City of Saint Paul, Department of Licenses, Inspection and Environmental Protection began an adverse action against a11 the licenses held by Laro, Inc., d/bla Patrick's Lounge, the premises locaxed at 1318 W. Larpenteur, Saint Pau1, Mimiesota for failure to pay license fees; and WHEREAS, on or about September 20, 1996 the licensee was duly notified that an adverse action hearing had been set for November 1, 1996 before an Administrative Law Judge; and WHEREAS, the licensee did not appear at the November l, 1996 heazing and the Office of LIEP presented evidence which it believed supported the adverse action against all the licenses held by Laro, Inc., d/bla Patrick's Lounge; and WHEREAS, on December 2, 1996 the Administrative Law Judge served its Findings of Fact, Conclusions of Law and Recommendation on the parties; and WHEREAS, at a public hearing on January 2, 1997 to consider the Recommendation of the Administrative Law Judge, notice of which was given to the licansee, the licensee did not appear; NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of Saint Paul, after due deliberation based upon all the files, records and proceedings herein, including the documents and e�ibits submitted to the Administrative Law Judge, the adoption of tlte Findings, Conclusions and Recommendation of the Administrative Law Judge and such azguments as were heazd at the public hearing on January 2, 1497, does hereby order: 1. That all licenses held in the name of Laro, Inc., d/b/a Patrick's Lounge, located at 131 & West Larpenteur, Saint Paul, Minnesota, aze hereby suspended until the licensee has made payment of all due and owing license and late fees, and the costs of the contested heazing in this matter, which payment shall be in the form of cash or cashier's check, said suspension to begin one week following adoption of this resolution. e 2. That in addirion, all licenses held in the name of Laro, Inc., d!b!a Patrick's Lounge, located at 1318 West Larpenteur, Saint Paul, Minnesota, are suspended for an additional period of seven days, said seven (7) days to be served after the payment of all fees and costs. Notice of the effective date of said suspension shall be given to the licensee in writing by the O�ce of License, Inspections and Environmental Protection, and licensee sha11 not reopen until they have received written nofice to do so. ..- . 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ' 3. That a condition shall be added to the licenses held by Laro, Inc., d!b/a Patrick's �� Lounge, which requires a11 future payments of license fees to be in the form of cash, certified or cashier's check. 4. That an addifional condirion shall be added to the licenses held by Laro, Inc., d/b/a Patrick's Lounge, stating as follows: In the event that the licensee is delinquent with payment of license fees, it shall be sufficient to file an affidavit by LIEP personnel to that effect, and to schedule a public hearing in front of the Saint Paul City Council with due notice to the licensee, to effect immediate suspension of the license until all license and late fees are paid. A copy of this Resolution, as adopted, shall be sent by first class mail to the Licensee and the Aduuuistrative Law Judge. �,N p��$�t �� ' . �; � , �a 4,�' ; s W < '�; „ Requested by Department of: Adopted by Council: Date ""� Adoption Certified by Counc Secretary By : c „___ a.. . .v-, Q —r��,::�_ / Approved by Ma r: Date � z g� By: ! °' � � +�'V�`� By: Eorm Approved by City Attoxn,ey � //� ` �} ! ay: 7/G`r 9�i<-GCY _� �� L� C�-�.-,. L' Approved by Mayor for Submission to Council By: �� City.Ca 1-10-97 I GREEN SHEET � DEPAATMEM DIRECTOR ? `:_=_'= 68650 assic" ��maTror:Her NUMBERFOR DATE) ROUTING � BUDGET DIRECTOR OqDEF � MAYOR (OR ASSISTAN'n TOTAL �f OF SIGNATURE PAGES (CLIP AL� LOCATIONS FOR SIGNATURE) rc�mnwnTe q7Y COUNpI am c�aK FIN. & MGT. SERVICES DIR. Finalizing City Council ac6on taken January 2, 1997, concerning adverse action against licenses held by Patrick's Lounge, 1318 West Iarpenteur Avenue. _ PIANNWGCOMMISSION _ GIVILSEFiVICECOMMISSION _ CIB COMMITfEE _ _ STAFF _ _ DISTAICTCOURT _ SUPPORTS WHICH COUNCIL OBJECTIVEI I5SUE, What, When, Whera. PERSONAL SER4ICE CONTpACTS MUST APlSWER THE FOLLOWING DUESTIONS: 1. Has this personRirm ever xrorketl under a conhact for th7s AepaRment? YES NO 2. Has this personttirm ever 6een a city employee? YES NO 3. Dces this personftirm possess a skill not normally possessed by any curreni ciry employee? YES NO Explain ntl yes answers on separate sheet ana attach to green sheM ' , _ .`'7'', '`t.r��'1C�r`� . _ �.. . ,, a,ti. wF;� � �? l�:if -- - — --.. _� � ___ _,� _ � �>,., AMOUNT OF TRANSACTION $ COST7REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIWG SOURCE ACTIVITY NUMBER FINANCIAI INFORINATI�N� (EXPLAIN) STATE OF MINNESOTA 9 � � y � OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South , Minneapolis, Minnesota 55401-2138 December 2, 1996 City Clerk Saint Paul City Council 386 City Hall 15 West Kellogg Blvd. Saint Paul, Minnesota 55102 Re: The Licenses of Laro, Inc., d/b/a Patrick's Lounge, 1318 West Larpenteur Saint Paul, Minnesota File No. 80-2111-10757-6 Dear City Clerk: Enclosed for service upon the Saint Paul City Council are the Findings of Fact, Conclusions of Law and Recommendation for the above-referenced matter. A copy of this Report has also been served this day on Virginia Palmer of the Office of the City Attorney and Arnold J. Kampa on behalf of the licensee. Sincerely, <�/ �� Ri A. McConnell dministrative Law Judge cc: Ms. Virginia Palmer Mr. Arnold J. ICampa Providing Impartial Hearings for Government and Citizens An Equai Opportunity Employer Administrative Law Section & Administrative Services (612} 341-7600 � TDD No. (612) 341-7346 � FaY No. (612) 349-2665 a� � - t--\2- December 2, 1996 Ms. Virginia D. Falmer Assistant City Attorney 400 City Hall 15 West Rellogg Blvd. 5aint Paul, MN 55102 Mr. Arnold J. Kampa Patrick's Lounqe 1318 West Larpenteur Avenue Saint Paul, MN 55113 Re: The Licenses of Laro, Inc., d/b/a Patrick's Lounge, 1318 West Larpenteur 5aint Paul, Minnesota File No. 80-2111-10757-6 Dear Ms. Palmer and Mr. Kampa: Enclosed for service upon you please find a copy o£ the Findings o£ Fact, Conclusions o£ Law and Recommendation in the above-captioned matter. A copy has also been served this day upon the City Clerk. 5incerely, Ri a� A. McConnell Administrative Law Judge � City Clerk �� -� �'" 5TATE OF MII3NESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR THE CITY OF SAINT PAUL In re the Licenses of Laro, Inc. djh/a Patrick's Lounge, 1318 West Larpenteur, Saint Paul, Minnesota 55113 80-2111-1Q757-6 FINDINGS OF FACT CONCLUSIONS OF LAW AND RECONII�IENDATION The above-entitled matter came on for hearing be£ore Administrative Law Judge Rita A. McConnell on November 1, 1996 at 9:30 a.m., in Room 41, Saint Paul City Hall, 15 West Kellogg Blvd., 5aint Paul, Minnesota, 55102. The record closed on November 1 at the close of the hearing. Virginia D. Palmer, Assistant City Attorney, appeared on behal£ of the City of Saint Paul, Office of License, Inspections and Environmental Protection (LIEP). No representative appeared on behalf of the Licensee. Notice is hereby given that this Report is a recommendation only and not a final decision. The Saint Paul City Council will make the final decision. After a review of the record, it may adopt, reject, or modify the Findings of Fact and Recommendations contained herein. Pursuant to Saint Paul Legislative Code Section 310.05, the City Council will provide each party adversely affected by this Report to present oral or written argument alleging error in this Report and present arguments to the Council related to any recommended adverse action. Parties should contact the City Clerk, St. Paul City Council, 386 City Hall, St. Paul, Minnesota 55102, to ascertain the procedure for filing exceptions or presenting argument. �� - `� �' STATEMENT OF ISSUES 1. Whether Liaensee failed to pay current license £ees in a timely manner. 2. Whether Licensee should be assessed the costs af the contested hearing on the grounds the licensee's defense was made £or the purpose o£ delay or harassment. Based upon all the files, records and proceedings herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. Licensee Laro, Inc. ("Laro") holds several licenses in connection with the business known as Patrick's Lounge, including restaurant, entertainment, and liquor on-sale licenses. City�s Exhibit No. 3. The licenses expired on August 31, 1996. 2. Prior to August 31, the City af Saint Paul issued a License Renewal Invoice to Laro indicating that a license renewal fee of $5,934.00 would be due and owing upon the renewal of Laro's licenses for Patrick's Lounge. The invoice further indicated the licensee fee could be paid in two equal installments, with the first installment of $3,609.�0 due on or before August 31, 1496. City's Exhibit No. 1. 3. On or about August 28, 1946, Arnold J. Kampa, the associated stockholder of Laro, Inc., applied for a renewal of Laro's On Sale Liquor license. At the same time, Mr. Rampa presented a check for the first installment on the 1996-97 license fee. The check was for $3,609.�0 and was written on the account of Laro, Inc. at Western Bank & Insurance Agency. City's Exhibit No. l. 4. Mr. Kampa presented the check to Rristina Schweinler, Senior License Inspector at LIEP. Because Mr. Rampa has twice before attempted to pay Laro's licensing fees with insufficient �unds checks, Ms. Schweinler asked 2 a � - �-1 �- him if the check would clear the bank. Mr. Rampa assured her it would. 5. Ms. Schweinler contacted the bank on August 29 to determine i£ Laro had sufficient funds to cover the check. Ms. Schweinler was infarmed sufficient funds were not available. 6. Ms. Schweinler then telephoned Mr. Kampa to inform him that he would be required to bring the license fee to the LIEP office in either cash or cashier's check by Tuesday, September 3, 1996. 7. Mr. Rampa failed to bring the license fee to LZEP by September 3, 1996 and the license fees remained unpaid as of October 31, 1996. Ms. Schweinler checked with the bank several times during the interim and each time was informed the check could not be covered with funds in Laro's account. 8. Laro failed to provide proper and timely payment of the license fees for Patrick's Lounge on a prior occasion. The second installment of his fees for 1995-9b was also paid with an NSF check, resulting in an administrative hearing for adverse action. Following that hearing, which no representative of Laro attended, the Administrative Law Judge recommended suspension of the license until the fees, late charges and collection costs, along with costs of the hearing, were paid in full. 9. Mr. Kampa paid the amount due pursuant to the administrative order on the day the matter was scheduled for hearing before the Saint Paul City Council. The Council adopted the Findings and Recommendation of the Administrative Law Judge and further imposed a condition on Laro's licenses that payment of license fees be timely made. 10. On September 6, 1996, the City sent a Notice o£ Violation to Arnold J. Kampa indicating it intended to take adverse action against the licenses of Laro for nonpayment of £ees. The Notice was sent by mail to Mr. Kamga in care of Patrick's Lounge. K3 ��-� �- 11. The City issued a Notice of Hearing in this matter an September 20, 1996, setting the hearing for Friday, November 1, 1996. Patrick's Lounge has continued to operate while this action was pending. 12. The City has requested adverse aation against the licenses of Laro that would include seven day suspension of the license, a condition that all fees be paid in cash or by cashier's check, and a condition that the license would automatically be suspended unless fees are paid on time. Based upon the foregoing, the Administrative Law Judge makes the following: CONCLUSIONS 1. The Administrative Law Judge and the Saint Paul City Council have jurisdiction in this matter pursuent to Minn. Stat. Section 14.50 and St. Paul Legislative Code Sections 310.05 and 310.06. The Licensee received timely and proper notice of the hearing of this matter. 2. The Saint Paul Legislative Code provides for adverse action against a license if the Licensee £ails to comply with any condition set £orth in the license, or i£ the Licensee violates a provision of the Code, a statute, an ordinance, or a regulation reasonably related to the licensed activity. St. Paul Legislative Code Section 310.06(b)(5) and (6). 3. The Licensee is in default herein under Minn. Rule 1400.6000 as a result of its failure to appear at the hearing. 4. Pursuant to Minn. Rule 1400.6000, the allegations o£ and the issues set out in the Notice and Order for Hearing may be taken as true and deemed proved without further evidence when a party defaults. 5. The City has established that the licensee failed to pay its license fee on time. 4 �� -��-- 6. The failure ta pay the license fee on time is a violation of the Saint Paul City Council condition on the license and the 5aint Paul Legislative Code. 7. The defense of the licensee in this matter was interposed only for delay. Based upon the foregoing Conclusions, the Administrative Law 3udge makes the following: RECOMMEENDATION IT IS HEREBY RECOMMENDED that the St. Paul City Council take adverse action against the licenses of Laro, Znc. d/b/a Patrick's Lounqe by 1) requiring payment in cash or cashier's check of the license fees, penalties, insufficient check charge, and the costs of the administrative hearing; 2) suspending the license for a period of seven days; 3} imposing a condition on the license that all payments o£ license fees be paid with cash or cashier's check; 4) suspending the license automatically if license £ees are not paid on time. Dated this 2nd day of December, 1996. A. Reported: Taped, not transcribed. NOTICE Law Judge The St. Paul City Council is requested to serve a copy of its final decision upon the Administrative Law Judge as well as the parties by first class mail. 5 � � - �=t �- MEMORANDUM Laro, Inc. and its associated stockholder, Arnold ICampa, have apparently lighted upon a scheme for delaying payment of license fees for several months. The scheme, which has been repeated three times now, permits Laro to operate its licensed premises for several months while the City provides it with proper notice and a hearing to take action against the license. The license holder then gays the fees at the last moment, incurring additional costs, but avoiding other adverse action. The City has understandably run out o£ patience with this ploy and requests both punitive action for the current delay and future action in the event the scheme is repeated. In light of Laro's history of intentional delay, both results are justifiable and appropriate. R.A.M. G OFFICE OF TI� CITY A'I'TORNEY Tm�othy E. Mars, Ciry Auorney CITY OF SAINT PAUL Norm Co7eman, Mayor CrviT Divirion 900 Ciry Flal! 75 West Kelkgg Blvd Saint Pau� M'mnesota SSIO2 ��1 -��- Tekphone: 612 266-87I D Facsmei/e; 671298-5619 December 9, 1996 NOTICS OF COt7NCIL BEARING Arnold J. Kampa Patrick's Lounge 1318 Larpenteur Avenue West Saint Paul, Minnesota 55113 Re: Licenses of Laro, Inc. d/bJa Patrick's Lounge £or the premises located at 1318 Larpenteur Avenue West, St. Paul License ID No. 14184 & 95543 Dear Mr. Kampa: Please take notice that a nearing on the report of the Administrative Law Judge concerning the above-mentioned license has been scheduled for 4:30 p.m., Thursday, January 2, 1997, 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 eime during normal business hours. You may 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 Counail will base its decision on the record of the pzoceedings 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, �/� � :� C��, ��..�'d ��.,��. � � - _ � Virginaa D. Palmer Assistant City Attorney �ti � ��` �� _._ _ � _. �e�- cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LSEP " Julie Hoff, Community Organizer, Dist. 10 Como Community Council, 1556 Como Ave., St. Paul, MN 55108