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97-61Council File # � �o` Green Sheet #�p��S Presented Referred To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby approves the decision of the Legislative 2 Hearing Officer based on the attached Findings of Fact, Conclusions and Recommendation concerning the 3 Revocation of Certificate of Occupancy for Linda May Spencer, d/b/a Cosmos, 843 Rice Street. Requested by Department of: � Adopted by Council: Date '� 42 Adoption Certified by Council retary $Y� �°— �- . �-n–J� Approved by M r: Date E° ft {- "l By: '� �CO OF SAIN�AUL, MINNESOTA �7 Form Approv d by City Attomey BY� ' /y✓�u' � /// <a` /�-� �S 3- Approved by Mayor for Submission to Council � `��No\ 403�5 cr� courrcn, Gerry Strathman 2b6-8575 J2IlU3L}� 22, 1� TOTAL # OF SIGNATURE PAGES iiisigr�� GREEN SHEET INITIAVDATE— � �EPARTMENT�IRECTOR ��cx Q cm arrosn+ev UMBERFON 7U71N0 � ��ET DIRECTOR ROEtt � MAYOP (OR ASSISTAN'n (CLIP ALL LOCATIONS FOR SIGNATUR� INRIAL/DATE CITY COUNpL cm c�RK F1N. & MGL gERViCES DIR. Accepring the Findings of Fact, Conclusions and Recommendation of the Legislative Hearing Officer on ihe Revocation of Certificate of Occupancy for Linda May Spencer, dfbla Cosmos, 843 Rice Street. _ PUWNINGCAMMISSION _ CIVtt.SERVICE CAMMISSION _ CIB CAMM177EE _ _ STAFF _ _ DISTflICTCOURT __ SUPPORTS WHICH COUNCIL O&IECTIVET Whet, Whan, ����� ��� `� '`' 198 C '��y ������_ ���w.�m.= ���� �: n�.;��3� i :�s3: 3Y::- �fi� j�i� 15 ;��a fOTAL AMOUNT OF TRANSACTION $ PEHSONAL SERVICE CONTiiACTS MUST ANSWEH THE FOLLOWING DUESTfONS: 1. Nas this personRirm ever workeU untler a contract fa' this department? YES NO 2. Has ihis person/firm ever been a city employee? YES NO 3. Oces Mis perwnlfirm possess a skill not normelty possessed by any current ciry employee? YES NO Explain all yes enawers on separate aheet and attaeh to green sheet COSTfREVENUE BUDGETED (CIACLE ONE) YES NO 'UNDIf3G SOURCE ACTIVITY NUMBER INANCIAL INFORFiATION (EXPLAIN) �i'�b� CITY OF SAINT PAUL LEGISLATIVE HEARING OFFICER FOR TAE CITY COUNCII. OF THE CITY O�' SAINT PAUL In re the Revocation of Certificate of Occupancy FINDINGS OF FACT, Linda May Spencer CONCLUSIONS AND dJbla Cosmos RECONIIvIENDATION 843 Rice Street The above-entitled matter came on for hearing before Gerry Strathman, Legislative Hearing Officer, on October 28, 1996 and was continued to December 13, 1996. The hearing concluded on December 13, 1946. Peter W. Warner, Assistant City Attomey, 400 City Hall, 15 W. Kellogg Boulevard, St. Paul, Minnesota 55102, appeazed on behalf of the Saint Paul Fire Department. Mark Vaught, Attorney At Law, Suite 700, Six West Fifth Street, St. Paul, Minnesota 55102 appeared on behatf of Linda May Spencer. This Report is submitted to the Saint Paul City Council, pursuant to Chapter 18 of the Saint Paul Legislatave Code. The report is a recommendation, not a fmal decision. The Saint Paul City Council will make the final decision after a review of this record. The City Council has the authority to approve, modify, reverse, revoke, wholly or partly, the hearing officer's orders, decisions or determinafions and shall make such order, decision or determination as ought to be made. STATEMENT OF ISSUES The issue in this case is whether or not the Saint Paul Fire Mazshal acted properly in revoking the Certificate of Occupancy far 843 Rice Street. FINDINGS OF FACT 1. On Ju1y 2, 1996 Inspector Phillip Owens delivered a Notice of Special Revocation letter to 843 Rice Street. 2. On August 6, 1996 Mazk Vaught appeazed before the Legislarive Hearing OfFicer on behalf of Linda May Spencer on this matter. 3. On August 14, 1996 Mark Vaught appeazed before the Ciry Council as counsel on behalf of Linda May Spencer on this matter. �c`F�� 4. On Oetober 28, 1996 and on December 13, 1996 Mazk Vaught again appeazed before the Legislative Hearing Officer on behaif of Linda May Spencer on this matter. 5. On March 1, 1996 Michaei Clifford Bigelow was arrested on the premise at 843 Rice Street for engaging in prostitution and subsequently plead guilty to this misdemeanor offense. 6. On March 1, 1996 William Lloyd Pollitt was arrested on the premise at 843 Rice Street for engaging in prostitution and subsequently plead guilty to tlus misdemeanar offense. 7. On Mazch 1, 1996 Casey Gerazd Kulima.nn was arrested on the premise at 843 Rice Street for engaging in prostitution and subsequently plead guilty to this misdemeanar offense. CONCLUSIONS 1. The St. Paul City Council and the Legislative Hearing Officer have authority to consider the issues raised in the appeal of Linda May Spencer. 2. Linda May Spencer has had sufficient notice of the revocation of the Certificate of Occupancy for 843 Rice Street. 3. The convictions of three different men for three different acts of engaging in prostitution at 843 Rice Street on Mazch 1, 1996 constitutes sufficient basis for the Fire Marshal to determine that this building may constitute a nuisance as described in Minnesota Statutes, Section 617.81 as required by SPLC 33.02 (c) RECOMMENDATION IT IS HEREBY RECOMMENDED the GERRY be DENIED. Hearing Officer ��-b� � .�. . During hearings before the Legislative Heating Officer, the appellant claimed that the service of the notice was defective in that the notice was addressed to Thomas 7. Bieir rather than to Linda May Spencer. Without determ�n;ng if this initial service of notice was conect, it is obvious that Linda May Spencer was aware of the the Fire Mazshal's determination on a rimely basis. This is evidenced by the fact that an appeal was filed by Linda May Spencer on July 3, 1996 and Linda May Spencer has been represented by counsel at all of the hearings which have taken place on ttris matter between August 6, 1996 and December 13, 1996. There can be no doubt that Linda May Spencer has been and continues to be well-informed regazding to the Ciry's actions with respect to 843 Rice Street. Linda May Spencer has azgued that there is an insufficient factual basis far revocation of the Certificate of Occupancy for 843 Rice Street. Wkule the initial notification was indeed lacking in details and included some information not relevant to the revocation, the appealant has since been provided with complete information with respect to the three engaging in prastitution convictions cited in the "Findings of Fact" section of this report. Since these convictions alone consfitute a sufficient basis for revocation, the incompleteness of other information contained in the notice is not relevant. It is, however, recommended that, in the future, the Fire Marshal take more care in determining the facts when declaring a building a public nuisance pursuant to SPLC 33.Q2 (c) and that specific details regarding these facts be included with the notice of revocation. Linda May 5pencer has argued that they should not be held responsible for prostitution or prostitution-related activity committed within the buiiding at 843 Rice Street on March 1, 1996 because these arrests and convicrions were the result of a St. Paul Police Department "s6ng operation" that took place on this permise on that day. While it is true that the Police Department did, pursuant to a seazch warrant, take control of this premise on that day, there is no evidence of any attempt by the owner to prevent the police undercover agents from posing a prosfitutes within this building on that day. It is also evident that those arrested and convicted for prosfitufion-related crimes on March 1, 1996 came to this premise in the knowledge and belief that prostitutes were available for hire at this locafion. Given that these offenders knew that prostitutes were available for hire at this location, the owner also either was, or should have been, knowledgable that such activities were tTking place at 843 Rice Street. Council File # � �o` Green Sheet #�p��S Presented Referred To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby approves the decision of the Legislative 2 Hearing Officer based on the attached Findings of Fact, Conclusions and Recommendation concerning the 3 Revocation of Certificate of Occupancy for Linda May Spencer, d/b/a Cosmos, 843 Rice Street. Requested by Department of: � Adopted by Council: Date '� 42 Adoption Certified by Council retary $Y� �°— �- . �-n–J� Approved by M r: Date E° ft {- "l By: '� �CO OF SAIN�AUL, MINNESOTA �7 Form Approv d by City Attomey BY� ' /y✓�u' � /// <a` /�-� �S 3- Approved by Mayor for Submission to Council � `��No\ 403�5 cr� courrcn, Gerry Strathman 2b6-8575 J2IlU3L}� 22, 1� TOTAL # OF SIGNATURE PAGES iiisigr�� GREEN SHEET INITIAVDATE— � �EPARTMENT�IRECTOR ��cx Q cm arrosn+ev UMBERFON 7U71N0 � ��ET DIRECTOR ROEtt � MAYOP (OR ASSISTAN'n (CLIP ALL LOCATIONS FOR SIGNATUR� INRIAL/DATE CITY COUNpL cm c�RK F1N. & MGL gERViCES DIR. Accepring the Findings of Fact, Conclusions and Recommendation of the Legislative Hearing Officer on ihe Revocation of Certificate of Occupancy for Linda May Spencer, dfbla Cosmos, 843 Rice Street. _ PUWNINGCAMMISSION _ CIVtt.SERVICE CAMMISSION _ CIB CAMM177EE _ _ STAFF _ _ DISTflICTCOURT __ SUPPORTS WHICH COUNCIL O&IECTIVET Whet, Whan, ����� ��� `� '`' 198 C '��y ������_ ���w.�m.= ���� �: n�.;��3� i :�s3: 3Y::- �fi� j�i� 15 ;��a fOTAL AMOUNT OF TRANSACTION $ PEHSONAL SERVICE CONTiiACTS MUST ANSWEH THE FOLLOWING DUESTfONS: 1. Nas this personRirm ever workeU untler a contract fa' this department? YES NO 2. Has ihis person/firm ever been a city employee? YES NO 3. Oces Mis perwnlfirm possess a skill not normelty possessed by any current ciry employee? YES NO Explain all yes enawers on separate aheet and attaeh to green sheet COSTfREVENUE BUDGETED (CIACLE ONE) YES NO 'UNDIf3G SOURCE ACTIVITY NUMBER INANCIAL INFORFiATION (EXPLAIN) �i'�b� CITY OF SAINT PAUL LEGISLATIVE HEARING OFFICER FOR TAE CITY COUNCII. OF THE CITY O�' SAINT PAUL In re the Revocation of Certificate of Occupancy FINDINGS OF FACT, Linda May Spencer CONCLUSIONS AND dJbla Cosmos RECONIIvIENDATION 843 Rice Street The above-entitled matter came on for hearing before Gerry Strathman, Legislative Hearing Officer, on October 28, 1996 and was continued to December 13, 1996. The hearing concluded on December 13, 1946. Peter W. Warner, Assistant City Attomey, 400 City Hall, 15 W. Kellogg Boulevard, St. Paul, Minnesota 55102, appeazed on behalf of the Saint Paul Fire Department. Mark Vaught, Attorney At Law, Suite 700, Six West Fifth Street, St. Paul, Minnesota 55102 appeared on behatf of Linda May Spencer. This Report is submitted to the Saint Paul City Council, pursuant to Chapter 18 of the Saint Paul Legislatave Code. The report is a recommendation, not a fmal decision. The Saint Paul City Council will make the final decision after a review of this record. The City Council has the authority to approve, modify, reverse, revoke, wholly or partly, the hearing officer's orders, decisions or determinafions and shall make such order, decision or determination as ought to be made. STATEMENT OF ISSUES The issue in this case is whether or not the Saint Paul Fire Mazshal acted properly in revoking the Certificate of Occupancy far 843 Rice Street. FINDINGS OF FACT 1. On Ju1y 2, 1996 Inspector Phillip Owens delivered a Notice of Special Revocation letter to 843 Rice Street. 2. On August 6, 1996 Mazk Vaught appeazed before the Legislarive Hearing OfFicer on behalf of Linda May Spencer on this matter. 3. On August 14, 1996 Mark Vaught appeazed before the Ciry Council as counsel on behalf of Linda May Spencer on this matter. �c`F�� 4. On Oetober 28, 1996 and on December 13, 1996 Mazk Vaught again appeazed before the Legislative Hearing Officer on behaif of Linda May Spencer on this matter. 5. On March 1, 1996 Michaei Clifford Bigelow was arrested on the premise at 843 Rice Street for engaging in prostitution and subsequently plead guilty to this misdemeanor offense. 6. On March 1, 1996 William Lloyd Pollitt was arrested on the premise at 843 Rice Street for engaging in prostitution and subsequently plead guilty to tlus misdemeanar offense. 7. On Mazch 1, 1996 Casey Gerazd Kulima.nn was arrested on the premise at 843 Rice Street for engaging in prostitution and subsequently plead guilty to this misdemeanar offense. CONCLUSIONS 1. The St. Paul City Council and the Legislative Hearing Officer have authority to consider the issues raised in the appeal of Linda May Spencer. 2. Linda May Spencer has had sufficient notice of the revocation of the Certificate of Occupancy for 843 Rice Street. 3. The convictions of three different men for three different acts of engaging in prostitution at 843 Rice Street on Mazch 1, 1996 constitutes sufficient basis for the Fire Marshal to determine that this building may constitute a nuisance as described in Minnesota Statutes, Section 617.81 as required by SPLC 33.02 (c) RECOMMENDATION IT IS HEREBY RECOMMENDED the GERRY be DENIED. Hearing Officer ��-b� � .�. . During hearings before the Legislative Heating Officer, the appellant claimed that the service of the notice was defective in that the notice was addressed to Thomas 7. Bieir rather than to Linda May Spencer. Without determ�n;ng if this initial service of notice was conect, it is obvious that Linda May Spencer was aware of the the Fire Mazshal's determination on a rimely basis. This is evidenced by the fact that an appeal was filed by Linda May Spencer on July 3, 1996 and Linda May Spencer has been represented by counsel at all of the hearings which have taken place on ttris matter between August 6, 1996 and December 13, 1996. There can be no doubt that Linda May Spencer has been and continues to be well-informed regazding to the Ciry's actions with respect to 843 Rice Street. Linda May Spencer has azgued that there is an insufficient factual basis far revocation of the Certificate of Occupancy for 843 Rice Street. Wkule the initial notification was indeed lacking in details and included some information not relevant to the revocation, the appealant has since been provided with complete information with respect to the three engaging in prastitution convictions cited in the "Findings of Fact" section of this report. Since these convictions alone consfitute a sufficient basis for revocation, the incompleteness of other information contained in the notice is not relevant. It is, however, recommended that, in the future, the Fire Marshal take more care in determining the facts when declaring a building a public nuisance pursuant to SPLC 33.Q2 (c) and that specific details regarding these facts be included with the notice of revocation. Linda May 5pencer has argued that they should not be held responsible for prostitution or prostitution-related activity committed within the buiiding at 843 Rice Street on March 1, 1996 because these arrests and convicrions were the result of a St. Paul Police Department "s6ng operation" that took place on this permise on that day. While it is true that the Police Department did, pursuant to a seazch warrant, take control of this premise on that day, there is no evidence of any attempt by the owner to prevent the police undercover agents from posing a prosfitutes within this building on that day. It is also evident that those arrested and convicted for prosfitufion-related crimes on March 1, 1996 came to this premise in the knowledge and belief that prostitutes were available for hire at this locafion. Given that these offenders knew that prostitutes were available for hire at this location, the owner also either was, or should have been, knowledgable that such activities were tTking place at 843 Rice Street. Council File # � �o` Green Sheet #�p��S Presented Referred To Committee Date 1 BE IT RESOLVED, that the Council of the City of Saint Paul hereby approves the decision of the Legislative 2 Hearing Officer based on the attached Findings of Fact, Conclusions and Recommendation concerning the 3 Revocation of Certificate of Occupancy for Linda May Spencer, d/b/a Cosmos, 843 Rice Street. Requested by Department of: � Adopted by Council: Date '� 42 Adoption Certified by Council retary $Y� �°— �- . �-n–J� Approved by M r: Date E° ft {- "l By: '� �CO OF SAIN�AUL, MINNESOTA �7 Form Approv d by City Attomey BY� ' /y✓�u' � /// <a` /�-� �S 3- Approved by Mayor for Submission to Council � `��No\ 403�5 cr� courrcn, Gerry Strathman 2b6-8575 J2IlU3L}� 22, 1� TOTAL # OF SIGNATURE PAGES iiisigr�� GREEN SHEET INITIAVDATE— � �EPARTMENT�IRECTOR ��cx Q cm arrosn+ev UMBERFON 7U71N0 � ��ET DIRECTOR ROEtt � MAYOP (OR ASSISTAN'n (CLIP ALL LOCATIONS FOR SIGNATUR� INRIAL/DATE CITY COUNpL cm c�RK F1N. & MGL gERViCES DIR. Accepring the Findings of Fact, Conclusions and Recommendation of the Legislative Hearing Officer on ihe Revocation of Certificate of Occupancy for Linda May Spencer, dfbla Cosmos, 843 Rice Street. _ PUWNINGCAMMISSION _ CIVtt.SERVICE CAMMISSION _ CIB CAMM177EE _ _ STAFF _ _ DISTflICTCOURT __ SUPPORTS WHICH COUNCIL O&IECTIVET Whet, Whan, ����� ��� `� '`' 198 C '��y ������_ ���w.�m.= ���� �: n�.;��3� i :�s3: 3Y::- �fi� j�i� 15 ;��a fOTAL AMOUNT OF TRANSACTION $ PEHSONAL SERVICE CONTiiACTS MUST ANSWEH THE FOLLOWING DUESTfONS: 1. Nas this personRirm ever workeU untler a contract fa' this department? YES NO 2. Has ihis person/firm ever been a city employee? YES NO 3. Oces Mis perwnlfirm possess a skill not normelty possessed by any current ciry employee? YES NO Explain all yes enawers on separate aheet and attaeh to green sheet COSTfREVENUE BUDGETED (CIACLE ONE) YES NO 'UNDIf3G SOURCE ACTIVITY NUMBER INANCIAL INFORFiATION (EXPLAIN) �i'�b� CITY OF SAINT PAUL LEGISLATIVE HEARING OFFICER FOR TAE CITY COUNCII. OF THE CITY O�' SAINT PAUL In re the Revocation of Certificate of Occupancy FINDINGS OF FACT, Linda May Spencer CONCLUSIONS AND dJbla Cosmos RECONIIvIENDATION 843 Rice Street The above-entitled matter came on for hearing before Gerry Strathman, Legislative Hearing Officer, on October 28, 1996 and was continued to December 13, 1996. The hearing concluded on December 13, 1946. Peter W. Warner, Assistant City Attomey, 400 City Hall, 15 W. Kellogg Boulevard, St. Paul, Minnesota 55102, appeazed on behalf of the Saint Paul Fire Department. Mark Vaught, Attorney At Law, Suite 700, Six West Fifth Street, St. Paul, Minnesota 55102 appeared on behatf of Linda May Spencer. This Report is submitted to the Saint Paul City Council, pursuant to Chapter 18 of the Saint Paul Legislatave Code. The report is a recommendation, not a fmal decision. The Saint Paul City Council will make the final decision after a review of this record. The City Council has the authority to approve, modify, reverse, revoke, wholly or partly, the hearing officer's orders, decisions or determinafions and shall make such order, decision or determination as ought to be made. STATEMENT OF ISSUES The issue in this case is whether or not the Saint Paul Fire Mazshal acted properly in revoking the Certificate of Occupancy far 843 Rice Street. FINDINGS OF FACT 1. On Ju1y 2, 1996 Inspector Phillip Owens delivered a Notice of Special Revocation letter to 843 Rice Street. 2. On August 6, 1996 Mazk Vaught appeazed before the Legislarive Hearing OfFicer on behalf of Linda May Spencer on this matter. 3. On August 14, 1996 Mark Vaught appeazed before the Ciry Council as counsel on behalf of Linda May Spencer on this matter. �c`F�� 4. On Oetober 28, 1996 and on December 13, 1996 Mazk Vaught again appeazed before the Legislative Hearing Officer on behaif of Linda May Spencer on this matter. 5. On March 1, 1996 Michaei Clifford Bigelow was arrested on the premise at 843 Rice Street for engaging in prostitution and subsequently plead guilty to this misdemeanor offense. 6. On March 1, 1996 William Lloyd Pollitt was arrested on the premise at 843 Rice Street for engaging in prostitution and subsequently plead guilty to tlus misdemeanar offense. 7. On Mazch 1, 1996 Casey Gerazd Kulima.nn was arrested on the premise at 843 Rice Street for engaging in prostitution and subsequently plead guilty to this misdemeanar offense. CONCLUSIONS 1. The St. Paul City Council and the Legislative Hearing Officer have authority to consider the issues raised in the appeal of Linda May Spencer. 2. Linda May Spencer has had sufficient notice of the revocation of the Certificate of Occupancy for 843 Rice Street. 3. The convictions of three different men for three different acts of engaging in prostitution at 843 Rice Street on Mazch 1, 1996 constitutes sufficient basis for the Fire Marshal to determine that this building may constitute a nuisance as described in Minnesota Statutes, Section 617.81 as required by SPLC 33.02 (c) RECOMMENDATION IT IS HEREBY RECOMMENDED the GERRY be DENIED. Hearing Officer ��-b� � .�. . During hearings before the Legislative Heating Officer, the appellant claimed that the service of the notice was defective in that the notice was addressed to Thomas 7. Bieir rather than to Linda May Spencer. Without determ�n;ng if this initial service of notice was conect, it is obvious that Linda May Spencer was aware of the the Fire Mazshal's determination on a rimely basis. This is evidenced by the fact that an appeal was filed by Linda May Spencer on July 3, 1996 and Linda May Spencer has been represented by counsel at all of the hearings which have taken place on ttris matter between August 6, 1996 and December 13, 1996. There can be no doubt that Linda May Spencer has been and continues to be well-informed regazding to the Ciry's actions with respect to 843 Rice Street. Linda May Spencer has azgued that there is an insufficient factual basis far revocation of the Certificate of Occupancy for 843 Rice Street. Wkule the initial notification was indeed lacking in details and included some information not relevant to the revocation, the appealant has since been provided with complete information with respect to the three engaging in prastitution convictions cited in the "Findings of Fact" section of this report. Since these convictions alone consfitute a sufficient basis for revocation, the incompleteness of other information contained in the notice is not relevant. It is, however, recommended that, in the future, the Fire Marshal take more care in determining the facts when declaring a building a public nuisance pursuant to SPLC 33.Q2 (c) and that specific details regarding these facts be included with the notice of revocation. Linda May 5pencer has argued that they should not be held responsible for prostitution or prostitution-related activity committed within the buiiding at 843 Rice Street on March 1, 1996 because these arrests and convicrions were the result of a St. Paul Police Department "s6ng operation" that took place on this permise on that day. While it is true that the Police Department did, pursuant to a seazch warrant, take control of this premise on that day, there is no evidence of any attempt by the owner to prevent the police undercover agents from posing a prosfitutes within this building on that day. It is also evident that those arrested and convicted for prosfitufion-related crimes on March 1, 1996 came to this premise in the knowledge and belief that prostitutes were available for hire at this locafion. Given that these offenders knew that prostitutes were available for hire at this location, the owner also either was, or should have been, knowledgable that such activities were tTking place at 843 Rice Street.