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97-62Council File # - l�"`� Green Sheet #�C��_� Presented Referred To RESOLUTION SAINT„ PAUL, MfNNESOTA � Committee Date i 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 Revocarion of Certificate of Occupancy for Kandi-Rain, Inc., dlb/a Lee Lenore's, 740 North Snelling. Requested by Department of: Adopted by Council: Date a 1 q�__ Adoption Certified by Council Sec etary BY� �� __� . ��V���_ \ /� Approved by Mayor: Date ' "�i "t B ����/ � Form Approved by City Attorney � Approved by Mayor for Submission to Councii � CITY COUNCII. G'Cll}� $tI'dCj7II12II 2�-$�J7$ 1flIIU3iy 22, 1�7 TOTAL # OF SIGNATURE PA6ES } iiisr�i�� � GREEN SHEET � DEPARTMENT DIRECTOR FOR OCISYATfOPNEY � BUOGET DIREC[OR ■ O MAVOR (OR ASSISTAN77 (CUP ALL LACATIONS FOR SIGNATURE) 4�38� INITIAWATE CITYCOUNCIL CISY CLEflK FIN. & MCaT. SERVICES DIR, Acceptmg ffie Findings of Fact, Conclusions and Recommendation of the Legislarive Hearing Officer on the Revxafion of Certificate of Occupancy for Kandi-Rain, Inc., dlbJa Le Lenore's, 740 North Snelling. _ PLAIJNING COMMISS�QN .__ CIVIL SERVICE CAMMISSION _ CIB CAMMIiTEE _ _ SiAFF __ _ DISTRICTCOUAT _ SUPPOFtTS WNICH COUNC11,0&IECf1YE? PERSONAL SERVICE CDNTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: 1. Has this perso�rm ever wwked untler a contract for this tlepaRmeM? YES NO 2. Has this persoNfirm ever been a city empioyee? YES NO 3. Does this persoNfirm possess a skiil not normalty possessed by any curreni city employee? YES NO Explain ell yes answers on separete sheat and attach to green shcet OPPORTUNIN (W1w, Whet, When, Where, Why): � JAN � ��.,:.�„ � �;�a��€'s �'-,�,m � ��:,:w . �._� . �#��°i �.� _��� r ._��.� AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) a:� 'ssl YES NO FUNDIHG SOURCE ACTIVITY FINANqAL INFORMATION: (EXPLHIN) � CTTY OF SAINT PAUL LEGISLATIVE HEARING O�FICER FOR THE CTl'Y COUNCII. OF'I'HE CITY OF SA1NT PAUL In re the Revocation of Certificate of Occupancy FINDINGS OF FACT Kandi-Rain, Inc. CONCLU3IONS AND dJb/a Lee Lenore's RECONIlVfENDAT'ION 740 North Snelling The above-entitled matter came on for hearing before Gerry Strathman, Legislative Aearing Officer, on October 28, 1996 and was con6nued to December 13, 1996. The hearing concluded on December 13, 1996. Peter W. Wamer, Assistant City Attorney, 400 City Ha11, I S W. Kellogg Boulevazd, St. Paul, Minnesota 55102, appeared 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 behalf of Kandi-Rau�, Inc. This Report is submitted to the Saint Paul Ciry Council, pursuant to Chapter 18 of the Saint Paul Legislative Code. The report is a recommendation, not a final 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 ar partly, the hearing officer's orders, decisions or determinafions and sha11 make such order, decision or determination as ought to be made. STATEMENT OR ISSUES The issue in this case is whether or not the Saint Paul Fire Marshal acted properly in revoking the Certificate of Occupancy for 740 North 5nelling Avenue. FINDINGS OF FACT 1. On July 2, 1996 Inspector Phillip Owens delivered a Notice of Special Revocation letter to 740 Snelling Avenue North. 2. On August 6, 1996 Mazk Vaught appeared before the Legislative Hearing Officer on behalf of Kandi-Rain, Inc. on this matter. 3. On August 14, 1996 Mark Vaught appeared before the City Council as counsel on behalf of Kandi-Rain, Inc. on this matter. ��� 4. On October 28, 1996 and on December 13, 1996 Mazk Vaught again appeazed before the Legislative Hearing Officer on behalf of Kandi-Rain, Inc. on this matter. 5. On ]une 28, 1996 David Jon Hasbrouck was arrested on the premise at 740 North Snelling Avenue North for engaging in prostitution and subsequently plead guilty to this misdemeanor offense. 6. On June 28, 1996 Kevin Harris Komadina was arrested on the premise at 740 North Snelling Avenue North for engaging in prostitution and subsequently plead guilty to this misdemeanor offense. 7. On June 28, 1996 Robert Michael Kliewer was arrested on the premise at 740 North Snelling Avenue North for engaging in prostiturion and subsequently plead guilty to this misdemeanor offense. 8 On June 28, 1996 Chue Ly was arrested on the premise at 740 North Snelling Avenue Norkh for engaging in prostitufion and subsequently plead guilty to this misdemeanor offense. CONCLUSIONS 1. The St. Paul City Council and the Legislative Hearing Officer have authority to consider the issues raised in the appeal of Kandi-Rain, Inc. 2. Kandi-Rain, Inc. has had sufficient notice of the revocation of the Certificate of Occupancy for 740 North Snelling Avenue. 3. The convictions of four different men for four difFerent acts of engaging in prostitution at 740 North Snelling Avenue on June 28, 1996 constitutes sufficient basis for the Fire Mazshal to detemune that this building may constitute a nuisance as described in Minnesota Statutes, Section 617.81 as requized by SPLC 33.02 (c) RECOMMENDATION IT IS HEREBY RECOMMENDED DETVIED. Hearing O�cer �l"��"`�. �.. During hearings before the Legislarive Hearing Officer, the appellant claimed that the service of the notice was defective in that the notice was addressed to 740 No. Snelling Corp. rather than to Kandi-Raiu, Inc. Without deternining if tbis initial service of notice was conect, it is obvious that Kandi-Rain, Inc. was aware of the the Fire Marshal's determination on a timely basis. This is evidenced by the fact that an appeal was filed by Kandi-Rain, Inc. on 7uly 3, 1496 and Kandi- Rain, Inc. has been represented by counsel at all of the hearings which have taken place on this matter between August 6, 1996 and December 13, 1996. There can be no doubt that Kandi-Rain, Inc. has been and continues to be well-informed regazding to the City's actions with respect to 740 North Snelling. Kandi-Rain, Inc. has azgued that there is an insufficient factual basis foz revocation of the Certificate of Occupancy for 740 North Sneiling. While 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 four engaging in prostitution convictions cited in the "Findings of Fact" section of this report. Since these convictions alone constitute a sufficient basis for revocation, the incompleteness of other information contained in the notice is not relevant. It is, however, recommended tltat, in the future, the Fire Mazshal take more care in determnung the facts when declaring a building a public nuisance pursuant to SPLC 33.02 (c) and that specific details regarding these facts be included with the notice of revocation. Kandi-Rain, Inc. has argued that they should not be held responsible for prostitution or prostitution-rela#ed activiry committed within the building at 740 North Snelling on June 28, 1996 because these arrests and convicfions were the result of a St. Paul Police Department "sting 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 prostitutes within this building on that day. It is also evident that those arrested and convicted for prostitution-related crunes on June 28, 1997 came to this premise in the laZOwledge and belief that prosritutes were available for hire at this location. Given that these offenders knew that prostitutes were available for hire at this location, the owner also either was, or should have been, laiowledgable that such activities were taking place at 740 North Snelling. Council File # - l�"`� Green Sheet #�C��_� Presented Referred To RESOLUTION SAINT„ PAUL, MfNNESOTA � Committee Date i 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 Revocarion of Certificate of Occupancy for Kandi-Rain, Inc., dlb/a Lee Lenore's, 740 North Snelling. Requested by Department of: Adopted by Council: Date a 1 q�__ Adoption Certified by Council Sec etary BY� �� � . ��V���_ Approved by Mayor: Date ' "�i "t g � fi � Form Approved by City Attorney � Approved by Mayor for Submission to Councii � CITY COUNCII. G'Cll}� $tI'dCj7II12II 2�-$�J7$ 1flIIU3iy 22, 1�7 TOTAL # OF SIGNATURE PA6ES } iiisr�i�� � GREEN SHEET � DEPARTMENT DIRECTOR FOR OCISYATfOPNEY � BUOGET DIREC[OR ■ O MAVOR (OR ASSISTAN77 (CUP ALL LACATIONS FOR SIGNATURE) 4�38� INITIAWATE CITYCOUNCIL CISY CLEflK FIN. & MCaT. SERVICES DIR, Acceptmg ffie Findings of Fact, Conclusions and Recommendation of the Legislarive Hearing Officer on the Revxafion of Certificate of Occupancy for Kandi-Rain, Inc., dlbJa Le Lenore's, 740 North Snelling. _ PLAIJNING COMMISS�QN .__ CIVIL SERVICE CAMMISSION _ CIB CAMMIiTEE _ _ SiAFF __ _ DISTRICTCOUAT _ SUPPOFtTS WNICH COUNC11,0&IECf1YE? PERSONAL SERVICE CDNTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: 1. Has this perso�rm ever wwked untler a contract for this tlepaRmeM? YES NO 2. Has this persoNfirm ever been a city empioyee? YES NO 3. Does this persoNfirm possess a skiil not normalty possessed by any curreni city employee? YES NO Explain ell yes answers on separete sheat and attach to green shcet OPPORTUNIN (W1w, Whet, When, Where, Why): � JAN � ��.,:.�„ � �;�a��€'s �'-,�,m � ��:,:w . �._� . �#��°i �.� _��� r ._��.� AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) a:� 'ssl YES NO FUNDIHG SOURCE ACTIVITY FINANqAL INFORMATION: (EXPLHIN) � CTTY OF SAINT PAUL LEGISLATIVE HEARING O�FICER FOR THE CTl'Y COUNCII. OF'I'HE CITY OF SA1NT PAUL In re the Revocation of Certificate of Occupancy FINDINGS OF FACT Kandi-Rain, Inc. CONCLU3IONS AND dJb/a Lee Lenore's RECONIlVfENDAT'ION 740 North Snelling The above-entitled matter came on for hearing before Gerry Strathman, Legislative Aearing Officer, on October 28, 1996 and was con6nued to December 13, 1996. The hearing concluded on December 13, 1996. Peter W. Wamer, Assistant City Attorney, 400 City Ha11, I S W. Kellogg Boulevazd, St. Paul, Minnesota 55102, appeared 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 behalf of Kandi-Rau�, Inc. This Report is submitted to the Saint Paul Ciry Council, pursuant to Chapter 18 of the Saint Paul Legislative Code. The report is a recommendation, not a final 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 ar partly, the hearing officer's orders, decisions or determinafions and sha11 make such order, decision or determination as ought to be made. STATEMENT OR ISSUES The issue in this case is whether or not the Saint Paul Fire Marshal acted properly in revoking the Certificate of Occupancy for 740 North 5nelling Avenue. FINDINGS OF FACT 1. On July 2, 1996 Inspector Phillip Owens delivered a Notice of Special Revocation letter to 740 Snelling Avenue North. 2. On August 6, 1996 Mazk Vaught appeared before the Legislative Hearing Officer on behalf of Kandi-Rain, Inc. on this matter. 3. On August 14, 1996 Mark Vaught appeared before the City Council as counsel on behalf of Kandi-Rain, Inc. on this matter. ��� 4. On October 28, 1996 and on December 13, 1996 Mazk Vaught again appeazed before the Legislative Hearing Officer on behalf of Kandi-Rain, Inc. on this matter. 5. On ]une 28, 1996 David Jon Hasbrouck was arrested on the premise at 740 North Snelling Avenue North for engaging in prostitution and subsequently plead guilty to this misdemeanor offense. 6. On June 28, 1996 Kevin Harris Komadina was arrested on the premise at 740 North Snelling Avenue North for engaging in prostitution and subsequently plead guilty to this misdemeanor offense. 7. On June 28, 1996 Robert Michael Kliewer was arrested on the premise at 740 North Snelling Avenue North for engaging in prostiturion and subsequently plead guilty to this misdemeanor offense. 8 On June 28, 1996 Chue Ly was arrested on the premise at 740 North Snelling Avenue Norkh for engaging in prostitufion and subsequently plead guilty to this misdemeanor offense. CONCLUSIONS 1. The St. Paul City Council and the Legislative Hearing Officer have authority to consider the issues raised in the appeal of Kandi-Rain, Inc. 2. Kandi-Rain, Inc. has had sufficient notice of the revocation of the Certificate of Occupancy for 740 North Snelling Avenue. 3. The convictions of four different men for four difFerent acts of engaging in prostitution at 740 North Snelling Avenue on June 28, 1996 constitutes sufficient basis for the Fire Mazshal to detemune that this building may constitute a nuisance as described in Minnesota Statutes, Section 617.81 as requized by SPLC 33.02 (c) RECOMMENDATION IT IS HEREBY RECOMMENDED DETVIED. Hearing O�cer �l"��"`�. �.. During hearings before the Legislarive Hearing Officer, the appellant claimed that the service of the notice was defective in that the notice was addressed to 740 No. Snelling Corp. rather than to Kandi-Raiu, Inc. Without deternining if tbis initial service of notice was conect, it is obvious that Kandi-Rain, Inc. was aware of the the Fire Marshal's determination on a timely basis. This is evidenced by the fact that an appeal was filed by Kandi-Rain, Inc. on 7uly 3, 1496 and Kandi- Rain, Inc. has been represented by counsel at all of the hearings which have taken place on this matter between August 6, 1996 and December 13, 1996. There can be no doubt that Kandi-Rain, Inc. has been and continues to be well-informed regazding to the City's actions with respect to 740 North Snelling. Kandi-Rain, Inc. has azgued that there is an insufficient factual basis foz revocation of the Certificate of Occupancy for 740 North Sneiling. While 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 four engaging in prostitution convictions cited in the "Findings of Fact" section of this report. Since these convictions alone constitute a sufficient basis for revocation, the incompleteness of other information contained in the notice is not relevant. It is, however, recommended tltat, in the future, the Fire Mazshal take more care in determnung the facts when declaring a building a public nuisance pursuant to SPLC 33.02 (c) and that specific details regarding these facts be included with the notice of revocation. Kandi-Rain, Inc. has argued that they should not be held responsible for prostitution or prostitution-rela#ed activiry committed within the building at 740 North Snelling on June 28, 1996 because these arrests and convicfions were the result of a St. Paul Police Department "sting 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 prostitutes within this building on that day. It is also evident that those arrested and convicted for prostitution-related crunes on June 28, 1997 came to this premise in the laZOwledge and belief that prosritutes were available for hire at this location. Given that these offenders knew that prostitutes were available for hire at this location, the owner also either was, or should have been, laiowledgable that such activities were taking place at 740 North Snelling. Council File # - l�"`� Green Sheet #�C��_� Presented Referred To RESOLUTION SAINT„ PAUL, MfNNESOTA � Committee Date i 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 Revocarion of Certificate of Occupancy for Kandi-Rain, Inc., dlb/a Lee Lenore's, 740 North Snelling. Requested by Department of: Adopted by Council: Date a 1 q�__ Adoption Certified by Council Sec etary BY� �� � . ��V���_ Approved by Mayor: Date ' "�i "t g � fi � Form Approved by City Attorney � Approved by Mayor for Submission to Councii � CITY COUNCII. G'Cll}� $tI'dCj7II12II 2�-$�J7$ 1flIIU3iy 22, 1�7 TOTAL # OF SIGNATURE PA6ES } iiisr�i�� � GREEN SHEET � DEPARTMENT DIRECTOR FOR OCISYATfOPNEY � BUOGET DIREC[OR ■ O MAVOR (OR ASSISTAN77 (CUP ALL LACATIONS FOR SIGNATURE) 4�38� INITIAWATE CITYCOUNCIL CISY CLEflK FIN. & MCaT. SERVICES DIR, Acceptmg ffie Findings of Fact, Conclusions and Recommendation of the Legislarive Hearing Officer on the Revxafion of Certificate of Occupancy for Kandi-Rain, Inc., dlbJa Le Lenore's, 740 North Snelling. _ PLAIJNING COMMISS�QN .__ CIVIL SERVICE CAMMISSION _ CIB CAMMIiTEE _ _ SiAFF __ _ DISTRICTCOUAT _ SUPPOFtTS WNICH COUNC11,0&IECf1YE? PERSONAL SERVICE CDNTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: 1. Has this perso�rm ever wwked untler a contract for this tlepaRmeM? YES NO 2. Has this persoNfirm ever been a city empioyee? YES NO 3. Does this persoNfirm possess a skiil not normalty possessed by any curreni city employee? YES NO Explain ell yes answers on separete sheat and attach to green shcet OPPORTUNIN (W1w, Whet, When, Where, Why): � JAN � ��.,:.�„ � �;�a��€'s �'-,�,m � ��:,:w . �._� . �#��°i �.� _��� r ._��.� AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) a:� 'ssl YES NO FUNDIHG SOURCE ACTIVITY FINANqAL INFORMATION: (EXPLHIN) � CTTY OF SAINT PAUL LEGISLATIVE HEARING O�FICER FOR THE CTl'Y COUNCII. OF'I'HE CITY OF SA1NT PAUL In re the Revocation of Certificate of Occupancy FINDINGS OF FACT Kandi-Rain, Inc. CONCLU3IONS AND dJb/a Lee Lenore's RECONIlVfENDAT'ION 740 North Snelling The above-entitled matter came on for hearing before Gerry Strathman, Legislative Aearing Officer, on October 28, 1996 and was con6nued to December 13, 1996. The hearing concluded on December 13, 1996. Peter W. Wamer, Assistant City Attorney, 400 City Ha11, I S W. Kellogg Boulevazd, St. Paul, Minnesota 55102, appeared 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 behalf of Kandi-Rau�, Inc. This Report is submitted to the Saint Paul Ciry Council, pursuant to Chapter 18 of the Saint Paul Legislative Code. The report is a recommendation, not a final 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 ar partly, the hearing officer's orders, decisions or determinafions and sha11 make such order, decision or determination as ought to be made. STATEMENT OR ISSUES The issue in this case is whether or not the Saint Paul Fire Marshal acted properly in revoking the Certificate of Occupancy for 740 North 5nelling Avenue. FINDINGS OF FACT 1. On July 2, 1996 Inspector Phillip Owens delivered a Notice of Special Revocation letter to 740 Snelling Avenue North. 2. On August 6, 1996 Mazk Vaught appeared before the Legislative Hearing Officer on behalf of Kandi-Rain, Inc. on this matter. 3. On August 14, 1996 Mark Vaught appeared before the City Council as counsel on behalf of Kandi-Rain, Inc. on this matter. ��� 4. On October 28, 1996 and on December 13, 1996 Mazk Vaught again appeazed before the Legislative Hearing Officer on behalf of Kandi-Rain, Inc. on this matter. 5. On ]une 28, 1996 David Jon Hasbrouck was arrested on the premise at 740 North Snelling Avenue North for engaging in prostitution and subsequently plead guilty to this misdemeanor offense. 6. On June 28, 1996 Kevin Harris Komadina was arrested on the premise at 740 North Snelling Avenue North for engaging in prostitution and subsequently plead guilty to this misdemeanor offense. 7. On June 28, 1996 Robert Michael Kliewer was arrested on the premise at 740 North Snelling Avenue North for engaging in prostiturion and subsequently plead guilty to this misdemeanor offense. 8 On June 28, 1996 Chue Ly was arrested on the premise at 740 North Snelling Avenue Norkh for engaging in prostitufion and subsequently plead guilty to this misdemeanor offense. CONCLUSIONS 1. The St. Paul City Council and the Legislative Hearing Officer have authority to consider the issues raised in the appeal of Kandi-Rain, Inc. 2. Kandi-Rain, Inc. has had sufficient notice of the revocation of the Certificate of Occupancy for 740 North Snelling Avenue. 3. The convictions of four different men for four difFerent acts of engaging in prostitution at 740 North Snelling Avenue on June 28, 1996 constitutes sufficient basis for the Fire Mazshal to detemune that this building may constitute a nuisance as described in Minnesota Statutes, Section 617.81 as requized by SPLC 33.02 (c) RECOMMENDATION IT IS HEREBY RECOMMENDED DETVIED. Hearing O�cer �l"��"`�. �.. During hearings before the Legislarive Hearing Officer, the appellant claimed that the service of the notice was defective in that the notice was addressed to 740 No. Snelling Corp. rather than to Kandi-Raiu, Inc. Without deternining if tbis initial service of notice was conect, it is obvious that Kandi-Rain, Inc. was aware of the the Fire Marshal's determination on a timely basis. This is evidenced by the fact that an appeal was filed by Kandi-Rain, Inc. on 7uly 3, 1496 and Kandi- Rain, Inc. has been represented by counsel at all of the hearings which have taken place on this matter between August 6, 1996 and December 13, 1996. There can be no doubt that Kandi-Rain, Inc. has been and continues to be well-informed regazding to the City's actions with respect to 740 North Snelling. Kandi-Rain, Inc. has azgued that there is an insufficient factual basis foz revocation of the Certificate of Occupancy for 740 North Sneiling. While 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 four engaging in prostitution convictions cited in the "Findings of Fact" section of this report. Since these convictions alone constitute a sufficient basis for revocation, the incompleteness of other information contained in the notice is not relevant. It is, however, recommended tltat, in the future, the Fire Mazshal take more care in determnung the facts when declaring a building a public nuisance pursuant to SPLC 33.02 (c) and that specific details regarding these facts be included with the notice of revocation. Kandi-Rain, Inc. has argued that they should not be held responsible for prostitution or prostitution-rela#ed activiry committed within the building at 740 North Snelling on June 28, 1996 because these arrests and convicfions were the result of a St. Paul Police Department "sting 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 prostitutes within this building on that day. It is also evident that those arrested and convicted for prostitution-related crunes on June 28, 1997 came to this premise in the laZOwledge and belief that prosritutes were available for hire at this location. Given that these offenders knew that prostitutes were available for hire at this location, the owner also either was, or should have been, laiowledgable that such activities were taking place at 740 North Snelling.