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98-650Council File # �S� ��5 Presented By Referred To Committee: Date 2 RESOLVED, that the auto repair garage license held by Michael Bartelmy, d/b/a Mike's 3 Towing, 847 Hudson Road, Saint Paul, Minuesota, is hereby suspended for a period of thirty (30) 4 days, effective August 5, 1998, but fifteen (15) day of said suspension shall be stayed for a 5 period of two yeazs on the following conditions: 1) that at the end of the fifteen day suspension, 6 LIEP certifies that the licensed premises are in compliance with a11 of the condirions placed on 7 the license; and 2) that there be no further violations of the conditions of the license. 8 9 10 11 12 13 14 15 16 17 18 FURTHER RESOLVED, that the Report of the Administrarive Law Judge dated June 3, 1998, with its Findings of Fact, Conclusions of Law, Recommendafion and Memoranduxn, is expressly ratified and adopted as the written findings and conclusions of the Council. This Resolution is based on the record of the proceedings before the Adtniuistrative Law Judge, including the hearing on May 27,1998, the azguments and statements of the licensee and counsel for LIEP on July 8, 1998 and the deliberation of the Council in open session. A copy of this Resolution, as adopted, shall be sent by firs class mail to the Adminstrative Law Judge, and to the licenseholder. Requested by Department of: Adopted by Council: Date ,..1 qq� Adoption Certified by Counci Sec tary Byc Approved by Ma� Dat ay: RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # �Q� � By: Form Approved y City At �orne� By: ,.(�_ Approved by r for Submission to Council Byc �P -GSo C1Yy C011IICll Councilmember Lantry �.sr eE ota coutaci� ncaoa, er (onn7 July 22, 1998 - Consent OATE INIiNTED Ju� �s 1998 GREEN SHEET TOTAL # OF SIGNATURE PAGES No 6210'7 � ■ u �..a,�.�.�. � �� _ � ❑ arcwnaxear ❑ anaauc ❑ wu,ra��aEaNCESOU� ❑ wuxuuaEwi,ccro ❑ rAYORtortAamr�xp ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Finalizing City Council action taken July S, 1998 concerning licenses held by Michael Bartelmy, dba Mike's Towing, 847 Hudson Road. PLANNfNG COMMISSION CIB CAMMITTEE CNIL SERVICE COMMISSION AMOUNT OF TRANSACTION Has fhis P��m e�er worked under a caMract tarfhic department? YES N� Has ihis peBOMrm evM been a cdy empbyee7 VES NO Does this Personlfi�m poasess a sldll not namallYP� �' anY curterR cilY emWoYee? YES NO Ic tliis person/fi,m a targetee vendoR YE3 NO COST/REVQlUEBUDGETm�qRCLEON� YES ACTNI7Y NUMBER NO (IXPWN) Interdepartmental Memorandum DATE: CITY OF SAINT PAUL July 14, 1998 TO: Nancy Anderson Assistant Council Secretary 310 City Hall FROM: RE: Nancy: Peter Pangborn Legal Assistant 400 City FIall Consent Agenda - July 22, 1998 °I �, ' G sa 1. Mike Bartelmy d/b/a Mike�s Towing 2. National Pawn Brokers Inc. d/b/a national Pawn Brokers Attached is the resolution identifying the penalty that was imposed last Wednesday by the City Council on Mike's Towing. Additionally, please find a State required license suspension for National Pawn Broker, Inc.. Please schedule these matters for the Consent Agenda for the council hearing on Wednesday, July 22, 1998. Thanks. Since el , . Peter P. Pang rn � �8S^c�!°Ci' v��;".r JUL � � ?�� OFFICE OF THE CITY ATTORNEY Peg Birk, City Alforney ��— � 5O 3� — CITY OF SAINT PAUL Name Coleman, Mayor 7une 23, 1998 Civil Division 400 Ciry Hal[ ]S West Kellogg Blvd Saint Paul, Minnesota 55702 NOTICE OF COUNCIL HEARING Mr. Michael Bartelmy Mike's Towing 847 Hudson Road Saint Paul, Mimiesota 55106 Te[ephone: 6l2 266-8710 Facsimile: 672 298-5619 Re: All licenses held by Michael Bartelmy d/b/a Mike's Towing for the premises located at 847 Hudson Rd. in St. Paul File Number: G97-O551 Dear Mr. Bartelmy: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned license application has been scheduled for 5:30 p.m., Wednesday, July 8, 1998, 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 tixne during normal business hours. You may also present oral or written azgument to the council at the Hearing. No new evidence will be received or tesrimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Admiuistrative 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, U � �.,��, � Virguu�r Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary, 310 City Hali Robert Kessler, Director, LIEP Christine Rozek, LIEP Kathy Moriarty, Community Organizer, Dayton's Bluff Center for Civic Life, 281 Maria Ave, St. Paul, MN 55106 ,.� n-y�i� �.e��.� C�;::��,;i � ;, � v. . �� s� q��5o OAH Number 62-2111-11676-3 STATE OF MINNESOTA OFFICE OF ADM►NISTRATIVE HEARINGS FOR THE CITY OF ST. PAUL In re: the License of Michael Bartelmy, d/b/a FINDINGS OF FACT Mike's Towing CONCLUSIONS OF LAW 847 Hudson Road AND RECOMMENDATION The above-entitled matter came on for hearing before Richard A. Mosman, Administrative Law Judge, commencing at 9:30 a.m. May 27, 1998, in conference room B of room 220, St. Paul City Hall, 15 W. Kellogg Boulevard, St. Paul, MN. The record ciosed on May 27, 1998. Virginia Palmer, Assistant City Attorney, City of St. Paul, 400 City Hall, 15 W. Kellogg Boulevard, St. Paul, MN, 55101, appeared on behalf of the City of St. Paul. Michael Bartelmy, 1327 Bush Street, St. Paul, MN 55106, appeared on his own behaff. This report is a recommendation, not a final decision. The St. Paul City Council will make the final decision. After a review of the record, it may adopt, reject or modify the Findings of Fact, Conclusions of Law and Recommendation contained herein. Pursuant to §310.05 (c-1) St. Paul Legislative Code, the City Council shall provide the Licensee with an oportunity to present oral or written arguments alleging errors on the part of the hearing examiner in the application of law or the interpretation of the facts and to present argument related to any recommendation or adverse action after receipt of this report. Parties should contact Nancy Anderson, City Clerk, St. Paul City Council, 310 City Hall, St. Paul, MN 55102, to ascertain the procedure for filing exceptions or presenting arguments. STATEMENT OFISSUES The issues in this proceeding are whether the license held by Michael Bartelmy should be subject to revocation or other adverse action for violation of the conditions of his license, specifically: 3. "That there be no exterior storage of parts or materials." 5. "The licensee shall not cause or permit the accumulat+on of any quantity of parts or material or debris on the exterior of the property, whether stored in vehicles or not, and shall store all parts or materials in the building or in the 8x10 shed built on the property in August, 1993." y��5o 6. "The number of vehicles outside of the licensed building shall not exceed eight (8) vehicles in number at any time `excluding the tow trucks of the licensee'." 8. "There shall be no on-street parking of any customer cars, or other cars owned by or under the custody and/or control of the licensee." Based upon the proceeding herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. Michael Bartelmy, d/b/a Mike's Towing, is the license holder of a Class 3 Auto Repair Garage License for 847 Hudson Road, St. Paul, MN 55106. 2. On November 30, 1993, the St. Paul City Council imposed conditions upon the Respondent's license which included in pertinent part, the following: 3. "That there be no exterior storage of parts or materials." 5. "The licensee shall not cause or permit the accumulation of any quantity of parts or material or debris on the exterior of the property, whether stored in vehicles or not, and shall store all parts or materials in the building or in the 8x10 shed built on the property in August, 1993." 6. "The number of vehicles outside of the licensed building shall not exceed eight (8) vehicles in number at any time `excluding the tow trucks of the licensee'." 8. "There shall be no on-street parking of any customer cars, or other cars owned by or under the custody and/or control of the licensee." 3. The conditions upon the RespondenYs license were imposed by the City Council at the same time as they stayed imposition of a thirty (30) day suspension of his license which was recommended in connection with a report from an ALJ. At that time, the Respondent was specifically notified as follows: "Violation of the foregoing terms and conditions shall be grounds for adverse action against licenses held by the Licensee. City's Exhibit No. 15." 2 g8-�5� 4. In March, 1998, prompted by the complaints of citizens, Christina Schweinler, Senior License Inspector, Office of License, Inspection and Environmental Protection (LIEP) inspected the licensed premises and found that the Respondent's premises did not comply with the conditions of the license because there was material stored on the premises outside of the building and there were too many vehicles stored on the premises. Cit�s Exhibit No. 2. 5. Ms. Schweinler spoke to the Licensee regarding the violations and made follow-up inspections nearly weekly through March, April and part of May prior to the hearing. During this time, the Licensee made efforts and had cleaned up and come in compliance with some of the conditions. At no time did the inspector find the premises in total compliance with the conditions of his license. On each of her inspections, she found too many vehicles on the premises. City Exhibits 8-13. 6. On each of the occasions in which Ms. Schweinler inspected the premises, she made personal contact with the Licensee and discussed what she felt were violations of the conditions that existed at the time of her inspection. 7. Robert Kessler, Director, L1EP made a personal inspection of the premises, observed violations of the conditions of the license and made recommendations for initiation of adverse action in connection with the license. City Exhibit No. 1. Mr. Kessler did observe positive efforts by the Licensee to comply with the conditions of the license during the period March though May, 1998. Although these efforts were positive they were, in the opinion of the witness, not effective to bring the Licensee into 100% compliance with the conditions of the license. 8. Notice of Violation was sent to the Licensee March 12, 1998 indicating that Licensee was in violation of the conditions of his license. City's Exhibit No. 5. 9. The Licensee responded and requested a hearing by ALJ postmarked March 23, 1998. City's Exhibit No. 6. 10. Notice of Hearing was sent to the Licensee April 27, 1998 identifying the hearing date and location. City's Exhibit No. 7. Based upon the Findings of Fact herein, the Administrative Law Judge makes the folfowing: CONCLUSIONS OF LAW 1. The St. Paul City Council and the Administrative Law Judge have Jurisdiction in this matter pursuant to Minn. Stat. §14.50 and §340A.415 and St. Pau! Legislative Code §310.05 and §310.06. 3 �,' , � 2. The City of St. Paul has fiiled all the relevant substantive and procedural requirements of law and rule. 3. That Michael Bartelmy, d/b/a Mike's Towing, is licensed by the City of St. Paul as a Class 3 Auto Repair Garage but must operate in compliance with the conditions placed upon this license by City Council Resolution effective November 30, 1993. 4. During the timeframe of February 23 to May 22, 1998, the Licensee was in violation of one or more of the conditions of his license. 3. "That there be no exterior storage of parts or materials." 5. "The licensee shall not cause or permit the accumulation of any quantity of parts or material or debris on the exterior of the property, whether stored in vehicles or not, and shall store all parts or materials in the building or in the 8x10 shed built on the property in August, 1993." 6. "The number of vehicles outside of the licensed building shall not exceed eight (8) vehicles in number at any time `excluding the tow trucks of the licensee'." 8. "There shall be no on-street parking of any customer cars, or other cars owned by or under the custody and/or control of the licensee" 5. �th proper management, the licensed premises could be operated in a fashion that would comply with the conditions imposed upon the license. Based upon the foregoing Conclusions of Law, the Administrative Law Judge makes the following: RECOMMENDATION [T !S RESPECTFULLY RECOMMENDED that the St. Paul City Council take the following adverse action against the license held by Michael Bartelmy, d/b/a Mike's Towing: 1. That the license be suspended for a period of thirty (30) days. 2. That the license be reinstated any time after fifteen (15) days, and the balance of the thirty (30) day suspension be stayed, provided LIEP certifies that the premises is in compliance with the conditions of the license. 0 •' . � 3. That any period of the thirty (30) day suspension not imposed in accordance with fhis Order be stayed for a period of two (2) years condifioned upon fhe Licensee maintaining the licensed premises in compliance with the conditions of the license. Dated: � ��Q� � Richard A. Mosman Administrative Law J NOTICE Pursuant to MSA §114. 62, Subd. 1, the City Council is requested to serve its final decision by first class mail upon each party in the Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, MN 55401. RECORD The proceedings were tape recorded . ram\bartelmy.doc 4� " • I��iI��C�7:L\�G1�1�1 Ali parties to this matter agreed that the citizen complaints made in connection with the operation of this license occur during the Spring, when the snow melt makes the conditions on the premises more visible to the neighbors. Although the Licensee indicated that he felt he was capable of operating his garage in compliance with the conditions of the license, he indicated difficulty because he felt he had room for more vehicles than the conditions allowed. A portion of his business is the repair and rebuilding of vehicles with the use of parts taken from other vehicles. This doubles the number of vehicles on the premises, some of which are inoperable and not being repaired. The Licensee does have two tow trucks and the capacity to remove inoperable vehicles if necessary. It is the impression of the ALJ that with care given to the efficiency of the operation, the Licensee is capable of complying with the conditions of the license. The photos indicated very efficient use of space with tight packing of vehicles on the property. Although there was some dispute as to whether the violation of the number of vehicles at the time of the inspection was caused by a customer's car being only temporarily in the driveway, it appears that some of the vehicles on the property have been there for some time and are not presently in the process of being repaired or used as a source of parts. �th the removal of a couple of relics, it is believed that the Licensee cou{d be in compliance without sacrificing productivity of his operation. It is further the impression of the ALJ that compliance with the conditions of the license could be achieved by this Licensee long before the expiration of the thirty (30) day suspension. Once relieved of his ongoing obligations for repairs, he could focus on the immediate chores of achieving compliance with the conditions of the license. It is hoped that the opportunity for early reinstatement would encourage the Licensee to achieve speedy compliance in order to return his business to productivity. Since the continuing violation appears to be the number of vehicles on the premises, the problem could be solved in short order with the use of the Licensee's tow trucks. Dated: RAM STATE OF MINNESOTA ` 8- � 5 � OFFICE OF ADMINISTRATIVE HEARINGS 10� Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 _ } '. f June � 1998 Fred Owusu City Clerk 170 City Hall 15 W. Kellogg Blvd. St. Paul, MN 55102 Re: In the Matter of the License of Michael Bartelmy, d/b/a Mike's Towing; OAH Docket No. 62-2111-11676-3 Dear Mr. Owusu: On June 3, 1998, Administrative Law Judge Mosman served the Findings of Fact, Conclusions and Recommendation in the above-entitled matter. Enclosed is the official record, including a copy of the tape recording of the hearing. If Our file in this matter is now being closed. Very truly yours, � - %��e�J `�'� , l�e-�,�� Nancy M: Thomas Docket Clerk Telephone: 612/341-7615 NT Enc. Providing Impartial Hearing� r Government antl Citizens An Equal Oppo unity Employ Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 349-2665 �18-�5� AFFIDAVIT OF SERVICE STATE OF MINNESOTA SS COUNTY OF HENNEPIN Richard A. Mosman of the city of New Brighton, Connty of Rauusey, State of Minnesota deing duly sworn, says that on the 3 day of June , 1998, she/he served the annexed Findings of Fact, Conclusions of Law and Recommendations upon; Office o£ the City Attorney Attn: Ms Virginia Palmer, Esq 400 City Hall 15 W Kellogg Blvd St Paul Minnesota 55102 Mr Michael Bartelmy 1327 Bush St St Paul Minnesota 55106 the parties or attorneys for the parties to the action herein, by mailing to the named attorneys, and/or parties, copies thereof, enclosed in an envelope, first class postage prepaid, and by depositing the same in the post office at Richfield, Minnesota. Richard A. Mosman Subscribed sworn to before me this 3�day of __, 19�� ----- � =-��-��--- otary Public � ��..�,.� ��.�--.;- », =`.�_=_�� 7 �'1 ;, . ` _t� n��a, :�� _ _,. � � �'�� „�� - > `` — �;:�_.,._ � �__�__� � _ __. �1�•3i,3aa g�-� S� From: Robert Kessler To: CAO_Attorney.palmer Date: 3/9/98 4:46pm Subject: Mike's Towing Violations Kris Schweinler and 2 have inspectEd Mike's Towing ( ID Number 17943--at Bates and Hudson Road) three times in the past three weeks to determine compliance with license conditions. The owner remains substantially out of compliance, with five of the eight conditions. 2 am compelled to recommend adverse action to revoke his license due to his inability to comply with the specific conditions of his license. The conditions being violated include: Condition # 3. No exterior storage of parts or material. On all three occasions of inspection, February 23, March 2nd, and March 9th there was, and there remains, substantial storage of vehicle parts and materials, especially on the east side of the building. Condition # 5. No accumulation of parts or debris. Although progress was made from the 23rd to the 9th there still remains an accumulation of debris including metal scraps, wooden blocks, cans, and discarded vehicle wiring. Condition # 6. No more than eight vehicles (excluding the three tow trucks of the licensee) can be stored on the property. On the 23rd there were 13 vehicles, on the 2nd there were il, and on the 9th there were 9. Condition # 7. Al1 vehicles stored on the prop must be properly licensed. There were 4 unlicensed on the 23rd, and one unlicensed on the 2nd. Condition # 8 No on street parking of owner's or customer's cars. There were at least two on the 23rd, two on the 2nd, and one on the 9th. Please let me know if you have any questions about this matter, your assistance is appreciated. CC: schweink, rozekchr . � n e e �censes o —EVBichaef Bartelmy d/b/a Mike's Towing— City's Exh. No. 1 98"� ��I� ■ __qAichael Bartelmy d/b/a Mike's Towing—. City's Exh. No, 2 RESTRICTIONS INQUIRY SCREEN LICENSE ID: 17943 DBA:MIKE'S TOWING NOTE: 1:1. THERE SHALL BE NO SALES OF VEFIICLES OR RETAILI 2:NG OF PARTS AT THIS LOCATION WITHOUT FIRST OBTAINI 3:NG THE PROPER CITY LICENSES. 4:2. THERE SHAI,L BE NO PARRING OR STORING OF UNLICE 5:NSED VEfIICLES ON TFIE PROPERTY. 6:3. TAERE SHAI,L BE NO EXTERIOR STORAGE OF PARTS OR 7:MATERIAL. 8:4. THE LICENSEE SHAI,L NOT SELL OR DISPLAY FOR 9:SALE ANY VEHICLES AT 847 HUDSON ROAD. 10:5. THE LICENSEE SHALL NOT CAUSE OR PERMIT THE 11:ACCUMCJLATION OF ANY QUANTITY OF PARTS OR MATERIAL 12:OR DEBRIS ON THE EXTERIOR OF THE PROPERTY, WHETHER 13:STORED IN VEHICLES OR NOT, AND SHALL STORE ALL 14:PARTS OR MATERIAL IN THE BUILDING OR IN THE 8 X 10 15:SHED BUILT ON THE PROPERTY IN AUGUST OF 1993. g8—�5c� Date: Dec 3 ■ n �� —Michaei Bartelmy d/b/a Mike's Towing— City's Exh. No. 3 � RESTRICTIONS INQUIRY SCREEN LICENSE ID: 17943 DBA:MIKE'S TOWING NOTE:16:6. TFIE NL7MBER OF VEHICLES OUTSIDE OF THE LICENSED 17:BUILDING SHALL NOT EXCEED EIGHT (8) VEHICLSS IN 18:NUMBER AT ANY TIME (EXCLUDING THE TOW TRUCKS OF 19:THE LICENSEE). 20:7. ALL VEHICLES OUTSIDE OF THE LICENSED BUILDING, 21:WHETHER ON THE STREET OR ON THE LICENSEE'S PROP- 22:ERTY, MUST HAVE CURRENT LICENSE PLATES OR TABS 23:DISPLAYED IF OWNED BY, OR IF UNDER THE CUSTODY AND 24:CONTROL OF, OR IF BEING REPAIRED BY, THE LICENSEE; 25:PROVIDED, HOWEVER, NOTWITHSTANDING THE FOREGOING, 26:THAT THE LICENSEE MAY TOW VEHICLES THAT ARE NOT 27:CURRENTLY LICENSED TO HIS PROPERTY FOR THE PURPOSE 28:OF REPAIRING OR DOING WORK ON SUCH VEHICLES, 50 29:LONG AS SUCH VEHICLES ARE OWNED BY THE CUSTOMER, 30:AND NOT OWNED BY OR REGISTERED TO THE LICENSEE OR g8-�5a Date: Dec � " R'S- (�,SZ� Date: Dec 3 RESTRICTIONS INQUIRY SCREEN LICENSE ID: 17943 DBA:MIKE'S TOWING NOTE:31:T0 ANY COMPANY IN WfiICH THE LICENSEE HAS AN 32:INTEREST, AND FURTHER PROVIDED, THAT IN NO CASE 33:SHALL ANY UNLICENSED VEHICLE REMAIN ON OR ADJACENT 34:T0 THE LICENSED PROPERTY FOR LONGER THAN 7 DAYS, 35:INCLUDING THE DAY ON WHICH TAE VEHICLE IS FIRST 36:TOWED TO HIS PROPERTY. 37:8. TFTERE SHALL BE NO ONSTREET PARKING OF ANY 38:CUSTOMER CARS, OR OTHER CARS OWNED BY OR UNDER THE 39:CUSTODY 71ND/OR CONTROL OF THE LICENSEE; AND THE 40:TOW TRUCFCS OF THE LICENSEE SHALL NOT BE PARKED ON 41:THE STREET EXCEPT DURING THE HOURS OF 7:00 AM TO 42:6:00 PM MONDAY THROUGH SATURDAY. 43• 44• 45: y�-�5� Lic ID ................... STAT..................... Business Name............ Address .................. Zip ...................... Doing Business As........ License Name ............. Exp Date .............•••• Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ Tax Id ................... Worker Comp Exp Date..... Telephone ................ 17943 RS BARTELMY, MICHAEL 847 HUDSON ROAD 55106 MIKE'S TOWING AUTO REPAIR GARAGE 12/31/97 INSP CHANGE FROM Ol TO 02 ON 4/09/92 12663 120188 THIS RENEWAL WAS REMOVED FROM CLASS III REN ENALS BY TOM DIAMOND AND LAYED OVER FOR 2 WEEKS 121588 " " � "-�'LAYED OVER INDEFINITELY 060992 PH ON RENEW� OF GENERAL REPAIR GARAGE LICE NSE - LAYED OVER FOR TWO WEEKS 062392 INDEF. LAYOVER (LICENSE OFFICE IS TO DO AN INVESTIGATION TO SEE IF LICENSEE IS IN COMPLIANCE WITH RESTRICTIONS. 11/30/93 C.F. #93-1782 ALL LICENSES HELD ARE SLTSPENDED FOR 30 DAYS--SUSPENSION STAYED IN CONFORMITY WITH CONDITIONS PLACED ON LICENSE (SEE 1.5 SCREEN)--LAP-LIC N/A 774-0845 � � .�IAichael Bartelmy d/b/a Mike's Towing_ City's Exh. No. 4 N; � OFFICE OF TF� CITY ATTORNEY PegBirk�Attorney , CITY OF SAINT PAUL Norm Calemm:, Mayor Mazch 12, 1998 Mr. Michael Barteimy Mike's Towing 847 Hudson Road Saint Paul, Minnesota 55106 Civil Division 400 Ciry Hall I S West Kel7ogg Blvd Saint Paul, Minnesom SSIO2 NOTICE OF VIOLATION Telephone: 612 266-8770 Facsimile: 6l2 298-5619 RE: All licenses held by Michael Bartelmy dibia Mike's Towing for the property located at 847 Hudson Road in St. Paul License ID No.: 17943 Our File No.:G97-O551 Dear Mr. Bartelmy: The D'uector of the Office of License, Inspections and Bnvironmental Protection is recommending that adverse action be taken against your license. The basis for the adverse action is: Saint Paul Legislative Code §310.06(b)(� permits adverse action to be taken against a license when the licensee "has failed to comply with any condition set forth in the license, or set forth in the resolution granting or renewing the license." Your property was inspected on February 23, 1998, March 2, 1998 and March 9,1998, and was found to be in violation of four of the conditions on your license. Condition #3 states that "There shall be no egterior storage of parts or material." Condition #5 states that "The licensee shall not cause or permit the accumulation of any quantity of parts or material or debris on the eaterior of the property, whether stored in vehicles or not, and shall store all parts or material in the building or in the 8 x 10 shed build on the property in August of 1993." On each of the inspection dates the inspector observed vehicie parts and other materials stared outside, and debris including metai scraps, wooden blocks, cans and discarded vehicle wiring. Condition # 6 states that "The number of vehicles outside of the licensed � � n e e �ce ses o —Michael Bartelmy d/b/a Mike's Towing— City's Exh. No. 5 � p Michael Bartelmy � • Mazch 12, 1998 � � � �� Page 2 building shall not exceed eight (8) vehicles in number at any time (ezcluding the tow trucks of the licensee)° On February 23, 1998 the inspector observed thirteen (13) vehicles, on March 2,1998 there were eleven (11) vehicles and on March 9,1998 there were nine (9) vehicles on the lot. Condition # 8 states that "There shall be no on-street parking of any customer cars, or other cars owned by or under the custody and/or control of the licensee." The inspector observed two owner and/or customer cars parked on the street on February 23,1998 and March 2,1998 and one on March 9, 1998. If you do not dispute the above facts, please send me a letter with a statement to that effect. The matter wili then be scheduled for a hearing before the St. Paul City Council to detennine what penalty, if any, to impose. You will have an opportunity to appear and speak on your own behalf, or to have someone appear there for you. On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Adxninistrative Law Judge (AL�. If you wish to have such a hearing, please send me a letter stating that you aze contesting the facts. You will then be sent a"Notice of Hearing," so you will know when and where to appeaz, and what the basis for the hearing will be. In either case, please let me know in writing no later than Thursday, March 26,1998 , how you would like to proceed. If I have not heard from you by that date, I will assume that you are not contesting the facts. The matter will then be scheduled for the hearing before the St. Paul City CounciL If you have any questions, feel free to call me or have your attorney call me at 266-8710. Sincerely, �/ JC�.� �� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Kathy Moriarty, Community Organizer, Dayton's Bluff Center for Civic Life, 281 Maria Ave., St. Paul, MN 55106 J `J STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY � g� � 5a AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on March 13, 1998, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereo£ in an envelope addressed as follows: Mr. Michael Bartelmy Mike's Towing 847 Hudson Road Saint Paul, MN. 55106 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 13th day of March, 1998. Notary Publ c . � . =,, RITA R9. BQSSARD � .;, R'OTARYPUELC—Mi:_:a_SOTA 2 5 � � Ran,s�v cou�;rv r p Z .;., �� , ��Pty Comm. E:cpires Jan. 31. 2000 $ ■ � q�-� 5D ¢cv ' `' ` � « �r'1 � : � 1161 �+I4 �� wt� w� a�a �� °_ �, ,; 4 _ � a, �� ,� `�:�:., � �� ; W �� J�� ; �� ..� �� `_ �� . � �"�'�v�� F �; :� � � ` $66l 9 C� ay� � �� /�' P �''A"Fe,� E ,. ��, �� _ �l�l �cl,�� .�� .� -� ��, ��7 ��,� �� .,�� - �� l,/�'l,t..� � SI� ��G� o�,�r �� ;��I ��f�� l �L�7u>�.�� ,C.� Ei�- ,�. ,o.��- ��.� �d �� s f� ��- ��,�-.�' ��c�� .��( �� 1�� C f �w 5��c�� '� r"d�� (� � � �/L� V'�1'r �/r� � f ��/� �I �!1 c�, c �N �,c.,^�� I I��w,J� �i'°�s.s a�` ,. � � � - YGis�� ..�:�� . � -- --- ��■ —.AAichaei Bartelmy dlb/a Mike's Towing— Citv's Exh. No. 6 + • OFFI�F THE CITY ATTORNEY Peg Bi Anorney q8 �sa CITY OF SAINT PAUL Norm Colenwn, Mayo� Apri127, 1998 Crvil Drvisinn 400 Gty Aa71 IS Wer[KeUngg Blvd Saira PauS �nnesota 55701 NOTICE OF HEARING Mr. Michael Bartelmy Mike's Towing 847 Hudson Road Saint Paui, Minnesota 55106 RE: All licenses heid by Michael Bartelmy d/b/a Mike's Towing for the premises located at 847 Hudson Road in St. Paul License ID No.: 17943 Our File Number: G97-O551 Dear Mr. Bartelxny: Telephane 672 266-8710 Facrinule: 612 298-5619 Please take notice that a hearing will be held at the foliowing time, date and place concerning all licenses for the premises stated above: Date: Wednesday, May 27,1998 Time: 9:30 a.m. Place: Board of County Commissioners Room 220, Conference Room B St. Paul City Hall 15 W. Kellogg Blvd. St. Paui, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Richard Mosman 604 Richfield Bank 6625 Lyndale Avenue South Richfield, MN 55423 Telephone: 861-3331 � n e e icenses o � —Michael Bartelmy d/b/a Mike's Towing— City's Exh. EVo. 7 � - �18�� The Council of the City o�aint Paul has the authority to provide �earings concerning licensed premises and for adverse acrion against such licenses, under Chapter 310, including sections 31 Q.OS and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- intoxicating liquor, authority is aiso conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as foilows: Saint Paul Legislative Code §310.06(b)(5) permits adverse action to be taken against a license when the licensee "has failed to comply with any condition set forth in the license, or set forth in the resolution granting or renewing license.° Your property was inspected of February 23,1998, March 2,1998 and March 9, 1998, and was found to be in violarion of four of the conditions on your license. Condition #3 states that "There shall be no exterior storage of parts or material." Condition #5 states that "The licensee shall not cause or permit the accumulation of any quantity of parts or material or debris on the exterior of the property, whether stored in vehicles or not, and shall store all parts or material in the building or in the 8 x 10 shed built on the property in August of 1993." On each of the inspection dates the inspector observed vehicle parts and other materials stored outside, and debris including metal scraps, wooden blocks, cans and discarded vehicle wiring. Condition #6 states that "The number of vehicles outside of the licensed building shall not eaceed eight (8) vehicles in number at any time (excluding the tow trucks of the licensee)." On February 23,1998 the inspector observed thirteen (13) vehicles, on March 2,1998 there were eleven (11) vehicles and on March 9, 1998 there were nine (9) vehicles on the lot. Condirion #8 states that "There shall be no on-street parking of any customer cars, or other cars owned by or under the custody andlor control of the licensee." The inspector observed tavo owner and/or customer cars parked on the street on February 23,1998 and March 2,1998 and on March 9,1998. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes secrions 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. Notice of Hearing - Page 2 �' � � At the hearing, the Admi�tive Law Judge will have all parties i fy themselves for the�cord. � The City will then present rts wrtnesses and evidence, each of wh�the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge xnay in addition heaz relevant and material testimony from persons not presented as witnesses by either parry who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Conciuding arguments may be made by the parties. Following the hearing, the Judge will prepaze Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, piease contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appeaz at the hearing, your ability to challenge the aliegations will be forfeited and the allegations against you which have been stated eazlier in this notice may be taken as true. If non- pubiic data is received into evidence at the hearing, it may become public unless objecrion is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any questions, you can call me at 266-8710. Very truly yours, � �� Vuginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Nancy,Thomas, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Michael Samuelson, Exec. Director, Thomas-Dale/Dist. 7 Plamiuig Council, 369 University Ave., St. Paul, MN 55103 Johnny Howard, Executive Director, Thomas Dale Block Clubs, 1034 Lafond Ave., St. Paul, MN 55104 Notice of Hearing - Page 3 .� . a STATE OF MINNESOTA COUNTY OF RAMSEY ss. � �8-� s� AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on April 27, 1998, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Michael Bartelmy Mike's Towing 847 Hudson Road St. Paul, MN. 55106 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me � this 27tkr'alav of�A�l, 1998. Not tioTa� PANGBORN �v Comm. M�NNESGiq A""_ _ Expires Jan. 3�_ �,,,,, - y e 98-c� so ■ ,7�� • �`"—Michael Bartelmy dlbla Mike'� aW�n9-- Council File #�3 — � Clty'S EXh. NO. Green Sheet � l '�� , CITY OF SAIP1� PAULOMINNESOTA �� 3 - !1 L fl 1� X ,l.nv ,° �I� ,��; Presented By Referred Committee: Date i 2 RESOLVED, that the general repair garage license issued for Mike's Towing at 3 847 Hudson Road in Saint Paul, held by Michael Barteimy is hereby suspended for thiriy 4 (30) days, but said suspension is stayed in confomuty with the express terms and 5 conditions listed below in this Resolution; and be it � � 7 FURTHER RESOLVED, that the stayed suspension and the conditions listed 8 below shall be included in ail future renewals of the above license; and be it 9 10 FITRTHER RESOLVED, that the Report of the Administrative Law Judge il (AI.J) dated October 7, 1993, with its Findin�s of Fact, Conclusions of I.aw, 12 Recommendation and Memorandum, is expressly rati�ed and adopted as the written 13 findings and conclusions of the Council, with the exception of adding back in one of the 14 Conditions that was inadvertently omitted. 15 16 This Resolution is based on the record of proceedings before the ALJ, including 17 the hearing on August 26, 1993, the documents and exhibits introduced therein, the 18 arguments and statements of counsel for the parties on November 2, 1993, and the 19 deliberations of the Council in open session. The Report of the AL,T, as noted and 20 qualified above, is expressly incorporated in and made part of this Resolution by 21. reference. 22 23 A copy of this Resolution, as adopted, shall be sent by first class mail to the��1- Ld, 24 and to counsel for the licenseholder. �° � 25 o T r, � 25 �.^.;�LI�`I^P:S •—' -^� �� 27 a't m 28 The general repair garage license shall be suspended for thirty (30) days, provided,� "` 29 however, that the suspension shall be stayed on condition that the Licensee compl�wit#� 30 the following terms and conditions: •°• `•= 31� � � � 32 a) The Licensee shall not sell or display for sale any vehicies at 847 Hudson 33 Road. 34 35 b) The Licensee shall not cause or permit the accumulation of any quantity of 36 parts or material or debris on the exterior of the property, whether stored 37 in vehicles or not, and shall store all parts or material in the building or in 38 the 8 x 10 shed built on the property in August of 1993. _ 39 40 c) The number of vehicles outside of the licensed building shall not exceed ;�;`,'� '�, ��c3 41 eight (8) vehicles in number at any time (excluding the tow trucks of the 42 Licensee). 43 �Z� ,. _s o� w �+ 2 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 d) All vehicles outside of the licensed building, whether on the street or on the Licensee's property, must have current license plates or tabs displayed if owned by, or if under the custody and control of, or if being repaired by, the Licensee; provided, however, notwithstanding the foregoing, that the Licensee may tow vehicles that are not currendy licensed to his property for the purpose of repairing or doing work on such vehicles, so long as such vehicles are owned by the customer, and not owned by or registered to the Licensee or to any company in which the Licensee has an interest, and further provided, that in no case shall any unlicensed vehicle remain on or adjacent to the licensed property for longer than 7 days, including the day on which the vehicle is first towed to his property. e) There shall be no onstreet parking of any customer cars, or other cars owned by or under the custody and/or control of the Licensee; and the tow trucks of the Licensee shall not be parked on the street except during the hours oi 7:00 a.m. to 6:Ou p.m. ivionday through Saturday. c�3.- i 7y--= � �� t� These conditions, including the stayed suspension, shall be incorporated in all future renewals of the general repair garage license, or any other license issued by the City to the Licensee for the premises at 847 Hudson Road in Saint Paul. Violation of the foregoing terms and conditions shall be grounds for adverse action against licenses held by the Licensee. �fi.a �6^✓c �'�� '�'L' � Michael Bartelmy � (License ID �17943) Requested by Department of: s Adoption / B / � Approved By: !� 1 Secretary �Ly " .i Form Approved by City Attorney B ,1,L�7 �•f'Zf'l� i�-�-93 Approved by Mayor for Submission to Council B e� !� ;n�'.7 Adopted by Council: Date �Sl,v � � Council File # �S� ��5 Presented By Referred To Committee: Date 2 RESOLVED, that the auto repair garage license held by Michael Bartelmy, d/b/a Mike's 3 Towing, 847 Hudson Road, Saint Paul, Minuesota, is hereby suspended for a period of thirty (30) 4 days, effective August 5, 1998, but fifteen (15) day of said suspension shall be stayed for a 5 period of two yeazs on the following conditions: 1) that at the end of the fifteen day suspension, 6 LIEP certifies that the licensed premises are in compliance with a11 of the condirions placed on 7 the license; and 2) that there be no further violations of the conditions of the license. 8 9 10 11 12 13 14 15 16 17 18 FURTHER RESOLVED, that the Report of the Administrarive Law Judge dated June 3, 1998, with its Findings of Fact, Conclusions of Law, Recommendafion and Memoranduxn, is expressly ratified and adopted as the written findings and conclusions of the Council. This Resolution is based on the record of the proceedings before the Adtniuistrative Law Judge, including the hearing on May 27,1998, the azguments and statements of the licensee and counsel for LIEP on July 8, 1998 and the deliberation of the Council in open session. A copy of this Resolution, as adopted, shall be sent by firs class mail to the Adminstrative Law Judge, and to the licenseholder. Requested by Department of: Adopted by Council: Date ,..1 qq� Adoption Certified by Counci Sec tary Byc Approved by Ma� Dat ay: RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # �Q� � By: Form Approved y City At �orne� By: ,.(�_ Approved by r for Submission to Council Byc �P -GSo C1Yy C011IICll Councilmember Lantry �.sr eE ota coutaci� ncaoa, er (onn7 July 22, 1998 - Consent OATE INIiNTED Ju� �s 1998 GREEN SHEET TOTAL # OF SIGNATURE PAGES No 6210'7 � ■ u �..a,�.�.�. � �� _ � ❑ arcwnaxear ❑ anaauc ❑ wu,ra��aEaNCESOU� ❑ wuxuuaEwi,ccro ❑ rAYORtortAamr�xp ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Finalizing City Council action taken July S, 1998 concerning licenses held by Michael Bartelmy, dba Mike's Towing, 847 Hudson Road. PLANNfNG COMMISSION CIB CAMMITTEE CNIL SERVICE COMMISSION AMOUNT OF TRANSACTION Has fhis P��m e�er worked under a caMract tarfhic department? YES N� Has ihis peBOMrm evM been a cdy empbyee7 VES NO Does this Personlfi�m poasess a sldll not namallYP� �' anY curterR cilY emWoYee? YES NO Ic tliis person/fi,m a targetee vendoR YE3 NO COST/REVQlUEBUDGETm�qRCLEON� YES ACTNI7Y NUMBER NO (IXPWN) Interdepartmental Memorandum DATE: CITY OF SAINT PAUL July 14, 1998 TO: Nancy Anderson Assistant Council Secretary 310 City Hall FROM: RE: Nancy: Peter Pangborn Legal Assistant 400 City FIall Consent Agenda - July 22, 1998 °I �, ' G sa 1. Mike Bartelmy d/b/a Mike�s Towing 2. National Pawn Brokers Inc. d/b/a national Pawn Brokers Attached is the resolution identifying the penalty that was imposed last Wednesday by the City Council on Mike's Towing. Additionally, please find a State required license suspension for National Pawn Broker, Inc.. Please schedule these matters for the Consent Agenda for the council hearing on Wednesday, July 22, 1998. Thanks. Since el , . Peter P. Pang rn � �8S^c�!°Ci' v��;".r JUL � � ?�� OFFICE OF THE CITY ATTORNEY Peg Birk, City Alforney ��— � 5O 3� — CITY OF SAINT PAUL Name Coleman, Mayor 7une 23, 1998 Civil Division 400 Ciry Hal[ ]S West Kellogg Blvd Saint Paul, Minnesota 55702 NOTICE OF COUNCIL HEARING Mr. Michael Bartelmy Mike's Towing 847 Hudson Road Saint Paul, Mimiesota 55106 Te[ephone: 6l2 266-8710 Facsimile: 672 298-5619 Re: All licenses held by Michael Bartelmy d/b/a Mike's Towing for the premises located at 847 Hudson Rd. in St. Paul File Number: G97-O551 Dear Mr. Bartelmy: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned license application has been scheduled for 5:30 p.m., Wednesday, July 8, 1998, 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 tixne during normal business hours. You may also present oral or written azgument to the council at the Hearing. No new evidence will be received or tesrimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Admiuistrative 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, U � �.,��, � Virguu�r Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary, 310 City Hali Robert Kessler, Director, LIEP Christine Rozek, LIEP Kathy Moriarty, Community Organizer, Dayton's Bluff Center for Civic Life, 281 Maria Ave, St. Paul, MN 55106 ,.� n-y�i� �.e��.� C�;::��,;i � ;, � v. . �� s� q��5o OAH Number 62-2111-11676-3 STATE OF MINNESOTA OFFICE OF ADM►NISTRATIVE HEARINGS FOR THE CITY OF ST. PAUL In re: the License of Michael Bartelmy, d/b/a FINDINGS OF FACT Mike's Towing CONCLUSIONS OF LAW 847 Hudson Road AND RECOMMENDATION The above-entitled matter came on for hearing before Richard A. Mosman, Administrative Law Judge, commencing at 9:30 a.m. May 27, 1998, in conference room B of room 220, St. Paul City Hall, 15 W. Kellogg Boulevard, St. Paul, MN. The record ciosed on May 27, 1998. Virginia Palmer, Assistant City Attorney, City of St. Paul, 400 City Hall, 15 W. Kellogg Boulevard, St. Paul, MN, 55101, appeared on behalf of the City of St. Paul. Michael Bartelmy, 1327 Bush Street, St. Paul, MN 55106, appeared on his own behaff. This report is a recommendation, not a final decision. The St. Paul City Council will make the final decision. After a review of the record, it may adopt, reject or modify the Findings of Fact, Conclusions of Law and Recommendation contained herein. Pursuant to §310.05 (c-1) St. Paul Legislative Code, the City Council shall provide the Licensee with an oportunity to present oral or written arguments alleging errors on the part of the hearing examiner in the application of law or the interpretation of the facts and to present argument related to any recommendation or adverse action after receipt of this report. Parties should contact Nancy Anderson, City Clerk, St. Paul City Council, 310 City Hall, St. Paul, MN 55102, to ascertain the procedure for filing exceptions or presenting arguments. STATEMENT OFISSUES The issues in this proceeding are whether the license held by Michael Bartelmy should be subject to revocation or other adverse action for violation of the conditions of his license, specifically: 3. "That there be no exterior storage of parts or materials." 5. "The licensee shall not cause or permit the accumulat+on of any quantity of parts or material or debris on the exterior of the property, whether stored in vehicles or not, and shall store all parts or materials in the building or in the 8x10 shed built on the property in August, 1993." y��5o 6. "The number of vehicles outside of the licensed building shall not exceed eight (8) vehicles in number at any time `excluding the tow trucks of the licensee'." 8. "There shall be no on-street parking of any customer cars, or other cars owned by or under the custody and/or control of the licensee." Based upon the proceeding herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. Michael Bartelmy, d/b/a Mike's Towing, is the license holder of a Class 3 Auto Repair Garage License for 847 Hudson Road, St. Paul, MN 55106. 2. On November 30, 1993, the St. Paul City Council imposed conditions upon the Respondent's license which included in pertinent part, the following: 3. "That there be no exterior storage of parts or materials." 5. "The licensee shall not cause or permit the accumulation of any quantity of parts or material or debris on the exterior of the property, whether stored in vehicles or not, and shall store all parts or materials in the building or in the 8x10 shed built on the property in August, 1993." 6. "The number of vehicles outside of the licensed building shall not exceed eight (8) vehicles in number at any time `excluding the tow trucks of the licensee'." 8. "There shall be no on-street parking of any customer cars, or other cars owned by or under the custody and/or control of the licensee." 3. The conditions upon the RespondenYs license were imposed by the City Council at the same time as they stayed imposition of a thirty (30) day suspension of his license which was recommended in connection with a report from an ALJ. At that time, the Respondent was specifically notified as follows: "Violation of the foregoing terms and conditions shall be grounds for adverse action against licenses held by the Licensee. City's Exhibit No. 15." 2 g8-�5� 4. In March, 1998, prompted by the complaints of citizens, Christina Schweinler, Senior License Inspector, Office of License, Inspection and Environmental Protection (LIEP) inspected the licensed premises and found that the Respondent's premises did not comply with the conditions of the license because there was material stored on the premises outside of the building and there were too many vehicles stored on the premises. Cit�s Exhibit No. 2. 5. Ms. Schweinler spoke to the Licensee regarding the violations and made follow-up inspections nearly weekly through March, April and part of May prior to the hearing. During this time, the Licensee made efforts and had cleaned up and come in compliance with some of the conditions. At no time did the inspector find the premises in total compliance with the conditions of his license. On each of her inspections, she found too many vehicles on the premises. City Exhibits 8-13. 6. On each of the occasions in which Ms. Schweinler inspected the premises, she made personal contact with the Licensee and discussed what she felt were violations of the conditions that existed at the time of her inspection. 7. Robert Kessler, Director, L1EP made a personal inspection of the premises, observed violations of the conditions of the license and made recommendations for initiation of adverse action in connection with the license. City Exhibit No. 1. Mr. Kessler did observe positive efforts by the Licensee to comply with the conditions of the license during the period March though May, 1998. Although these efforts were positive they were, in the opinion of the witness, not effective to bring the Licensee into 100% compliance with the conditions of the license. 8. Notice of Violation was sent to the Licensee March 12, 1998 indicating that Licensee was in violation of the conditions of his license. City's Exhibit No. 5. 9. The Licensee responded and requested a hearing by ALJ postmarked March 23, 1998. City's Exhibit No. 6. 10. Notice of Hearing was sent to the Licensee April 27, 1998 identifying the hearing date and location. City's Exhibit No. 7. Based upon the Findings of Fact herein, the Administrative Law Judge makes the folfowing: CONCLUSIONS OF LAW 1. The St. Paul City Council and the Administrative Law Judge have Jurisdiction in this matter pursuant to Minn. Stat. §14.50 and §340A.415 and St. Pau! Legislative Code §310.05 and §310.06. 3 �,' , � 2. The City of St. Paul has fiiled all the relevant substantive and procedural requirements of law and rule. 3. That Michael Bartelmy, d/b/a Mike's Towing, is licensed by the City of St. Paul as a Class 3 Auto Repair Garage but must operate in compliance with the conditions placed upon this license by City Council Resolution effective November 30, 1993. 4. During the timeframe of February 23 to May 22, 1998, the Licensee was in violation of one or more of the conditions of his license. 3. "That there be no exterior storage of parts or materials." 5. "The licensee shall not cause or permit the accumulation of any quantity of parts or material or debris on the exterior of the property, whether stored in vehicles or not, and shall store all parts or materials in the building or in the 8x10 shed built on the property in August, 1993." 6. "The number of vehicles outside of the licensed building shall not exceed eight (8) vehicles in number at any time `excluding the tow trucks of the licensee'." 8. "There shall be no on-street parking of any customer cars, or other cars owned by or under the custody and/or control of the licensee" 5. �th proper management, the licensed premises could be operated in a fashion that would comply with the conditions imposed upon the license. Based upon the foregoing Conclusions of Law, the Administrative Law Judge makes the following: RECOMMENDATION [T !S RESPECTFULLY RECOMMENDED that the St. Paul City Council take the following adverse action against the license held by Michael Bartelmy, d/b/a Mike's Towing: 1. That the license be suspended for a period of thirty (30) days. 2. That the license be reinstated any time after fifteen (15) days, and the balance of the thirty (30) day suspension be stayed, provided LIEP certifies that the premises is in compliance with the conditions of the license. 0 •' . � 3. That any period of the thirty (30) day suspension not imposed in accordance with fhis Order be stayed for a period of two (2) years condifioned upon fhe Licensee maintaining the licensed premises in compliance with the conditions of the license. Dated: � ��Q� � Richard A. Mosman Administrative Law J NOTICE Pursuant to MSA §114. 62, Subd. 1, the City Council is requested to serve its final decision by first class mail upon each party in the Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, MN 55401. RECORD The proceedings were tape recorded . ram\bartelmy.doc 4� " • I��iI��C�7:L\�G1�1�1 Ali parties to this matter agreed that the citizen complaints made in connection with the operation of this license occur during the Spring, when the snow melt makes the conditions on the premises more visible to the neighbors. Although the Licensee indicated that he felt he was capable of operating his garage in compliance with the conditions of the license, he indicated difficulty because he felt he had room for more vehicles than the conditions allowed. A portion of his business is the repair and rebuilding of vehicles with the use of parts taken from other vehicles. This doubles the number of vehicles on the premises, some of which are inoperable and not being repaired. The Licensee does have two tow trucks and the capacity to remove inoperable vehicles if necessary. It is the impression of the ALJ that with care given to the efficiency of the operation, the Licensee is capable of complying with the conditions of the license. The photos indicated very efficient use of space with tight packing of vehicles on the property. Although there was some dispute as to whether the violation of the number of vehicles at the time of the inspection was caused by a customer's car being only temporarily in the driveway, it appears that some of the vehicles on the property have been there for some time and are not presently in the process of being repaired or used as a source of parts. �th the removal of a couple of relics, it is believed that the Licensee cou{d be in compliance without sacrificing productivity of his operation. It is further the impression of the ALJ that compliance with the conditions of the license could be achieved by this Licensee long before the expiration of the thirty (30) day suspension. Once relieved of his ongoing obligations for repairs, he could focus on the immediate chores of achieving compliance with the conditions of the license. It is hoped that the opportunity for early reinstatement would encourage the Licensee to achieve speedy compliance in order to return his business to productivity. Since the continuing violation appears to be the number of vehicles on the premises, the problem could be solved in short order with the use of the Licensee's tow trucks. Dated: RAM STATE OF MINNESOTA ` 8- � 5 � OFFICE OF ADMINISTRATIVE HEARINGS 10� Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 _ } '. f June � 1998 Fred Owusu City Clerk 170 City Hall 15 W. Kellogg Blvd. St. Paul, MN 55102 Re: In the Matter of the License of Michael Bartelmy, d/b/a Mike's Towing; OAH Docket No. 62-2111-11676-3 Dear Mr. Owusu: On June 3, 1998, Administrative Law Judge Mosman served the Findings of Fact, Conclusions and Recommendation in the above-entitled matter. Enclosed is the official record, including a copy of the tape recording of the hearing. If Our file in this matter is now being closed. Very truly yours, � - %��e�J `�'� , l�e-�,�� Nancy M: Thomas Docket Clerk Telephone: 612/341-7615 NT Enc. Providing Impartial Hearing� r Government antl Citizens An Equal Oppo unity Employ Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 349-2665 �18-�5� AFFIDAVIT OF SERVICE STATE OF MINNESOTA SS COUNTY OF HENNEPIN Richard A. Mosman of the city of New Brighton, Connty of Rauusey, State of Minnesota deing duly sworn, says that on the 3 day of June , 1998, she/he served the annexed Findings of Fact, Conclusions of Law and Recommendations upon; Office o£ the City Attorney Attn: Ms Virginia Palmer, Esq 400 City Hall 15 W Kellogg Blvd St Paul Minnesota 55102 Mr Michael Bartelmy 1327 Bush St St Paul Minnesota 55106 the parties or attorneys for the parties to the action herein, by mailing to the named attorneys, and/or parties, copies thereof, enclosed in an envelope, first class postage prepaid, and by depositing the same in the post office at Richfield, Minnesota. Richard A. Mosman Subscribed sworn to before me this 3�day of __, 19�� ----- � =-��-��--- otary Public � ��..�,.� ��.�--.;- », =`.�_=_�� 7 �'1 ;, . ` _t� n��a, :�� _ _,. � � �'�� „�� - > `` — �;:�_.,._ � �__�__� � _ __. �1�•3i,3aa g�-� S� From: Robert Kessler To: CAO_Attorney.palmer Date: 3/9/98 4:46pm Subject: Mike's Towing Violations Kris Schweinler and 2 have inspectEd Mike's Towing ( ID Number 17943--at Bates and Hudson Road) three times in the past three weeks to determine compliance with license conditions. The owner remains substantially out of compliance, with five of the eight conditions. 2 am compelled to recommend adverse action to revoke his license due to his inability to comply with the specific conditions of his license. The conditions being violated include: Condition # 3. No exterior storage of parts or material. On all three occasions of inspection, February 23, March 2nd, and March 9th there was, and there remains, substantial storage of vehicle parts and materials, especially on the east side of the building. Condition # 5. No accumulation of parts or debris. Although progress was made from the 23rd to the 9th there still remains an accumulation of debris including metal scraps, wooden blocks, cans, and discarded vehicle wiring. Condition # 6. No more than eight vehicles (excluding the three tow trucks of the licensee) can be stored on the property. On the 23rd there were 13 vehicles, on the 2nd there were il, and on the 9th there were 9. Condition # 7. Al1 vehicles stored on the prop must be properly licensed. There were 4 unlicensed on the 23rd, and one unlicensed on the 2nd. Condition # 8 No on street parking of owner's or customer's cars. There were at least two on the 23rd, two on the 2nd, and one on the 9th. Please let me know if you have any questions about this matter, your assistance is appreciated. CC: schweink, rozekchr . � n e e �censes o —EVBichaef Bartelmy d/b/a Mike's Towing— City's Exh. No. 1 98"� ��I� ■ __qAichael Bartelmy d/b/a Mike's Towing—. City's Exh. No, 2 RESTRICTIONS INQUIRY SCREEN LICENSE ID: 17943 DBA:MIKE'S TOWING NOTE: 1:1. THERE SHALL BE NO SALES OF VEFIICLES OR RETAILI 2:NG OF PARTS AT THIS LOCATION WITHOUT FIRST OBTAINI 3:NG THE PROPER CITY LICENSES. 4:2. THERE SHAI,L BE NO PARRING OR STORING OF UNLICE 5:NSED VEfIICLES ON TFIE PROPERTY. 6:3. TAERE SHAI,L BE NO EXTERIOR STORAGE OF PARTS OR 7:MATERIAL. 8:4. THE LICENSEE SHAI,L NOT SELL OR DISPLAY FOR 9:SALE ANY VEHICLES AT 847 HUDSON ROAD. 10:5. THE LICENSEE SHALL NOT CAUSE OR PERMIT THE 11:ACCUMCJLATION OF ANY QUANTITY OF PARTS OR MATERIAL 12:OR DEBRIS ON THE EXTERIOR OF THE PROPERTY, WHETHER 13:STORED IN VEHICLES OR NOT, AND SHALL STORE ALL 14:PARTS OR MATERIAL IN THE BUILDING OR IN THE 8 X 10 15:SHED BUILT ON THE PROPERTY IN AUGUST OF 1993. g8—�5c� Date: Dec 3 ■ n �� —Michaei Bartelmy d/b/a Mike's Towing— City's Exh. No. 3 � RESTRICTIONS INQUIRY SCREEN LICENSE ID: 17943 DBA:MIKE'S TOWING NOTE:16:6. TFIE NL7MBER OF VEHICLES OUTSIDE OF THE LICENSED 17:BUILDING SHALL NOT EXCEED EIGHT (8) VEHICLSS IN 18:NUMBER AT ANY TIME (EXCLUDING THE TOW TRUCKS OF 19:THE LICENSEE). 20:7. ALL VEHICLES OUTSIDE OF THE LICENSED BUILDING, 21:WHETHER ON THE STREET OR ON THE LICENSEE'S PROP- 22:ERTY, MUST HAVE CURRENT LICENSE PLATES OR TABS 23:DISPLAYED IF OWNED BY, OR IF UNDER THE CUSTODY AND 24:CONTROL OF, OR IF BEING REPAIRED BY, THE LICENSEE; 25:PROVIDED, HOWEVER, NOTWITHSTANDING THE FOREGOING, 26:THAT THE LICENSEE MAY TOW VEHICLES THAT ARE NOT 27:CURRENTLY LICENSED TO HIS PROPERTY FOR THE PURPOSE 28:OF REPAIRING OR DOING WORK ON SUCH VEHICLES, 50 29:LONG AS SUCH VEHICLES ARE OWNED BY THE CUSTOMER, 30:AND NOT OWNED BY OR REGISTERED TO THE LICENSEE OR g8-�5a Date: Dec � " R'S- (�,SZ� Date: Dec 3 RESTRICTIONS INQUIRY SCREEN LICENSE ID: 17943 DBA:MIKE'S TOWING NOTE:31:T0 ANY COMPANY IN WfiICH THE LICENSEE HAS AN 32:INTEREST, AND FURTHER PROVIDED, THAT IN NO CASE 33:SHALL ANY UNLICENSED VEHICLE REMAIN ON OR ADJACENT 34:T0 THE LICENSED PROPERTY FOR LONGER THAN 7 DAYS, 35:INCLUDING THE DAY ON WHICH TAE VEHICLE IS FIRST 36:TOWED TO HIS PROPERTY. 37:8. TFTERE SHALL BE NO ONSTREET PARKING OF ANY 38:CUSTOMER CARS, OR OTHER CARS OWNED BY OR UNDER THE 39:CUSTODY 71ND/OR CONTROL OF THE LICENSEE; AND THE 40:TOW TRUCFCS OF THE LICENSEE SHALL NOT BE PARKED ON 41:THE STREET EXCEPT DURING THE HOURS OF 7:00 AM TO 42:6:00 PM MONDAY THROUGH SATURDAY. 43• 44• 45: y�-�5� Lic ID ................... STAT..................... Business Name............ Address .................. Zip ...................... Doing Business As........ License Name ............. Exp Date .............•••• Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ Tax Id ................... Worker Comp Exp Date..... Telephone ................ 17943 RS BARTELMY, MICHAEL 847 HUDSON ROAD 55106 MIKE'S TOWING AUTO REPAIR GARAGE 12/31/97 INSP CHANGE FROM Ol TO 02 ON 4/09/92 12663 120188 THIS RENEWAL WAS REMOVED FROM CLASS III REN ENALS BY TOM DIAMOND AND LAYED OVER FOR 2 WEEKS 121588 " " � "-�'LAYED OVER INDEFINITELY 060992 PH ON RENEW� OF GENERAL REPAIR GARAGE LICE NSE - LAYED OVER FOR TWO WEEKS 062392 INDEF. LAYOVER (LICENSE OFFICE IS TO DO AN INVESTIGATION TO SEE IF LICENSEE IS IN COMPLIANCE WITH RESTRICTIONS. 11/30/93 C.F. #93-1782 ALL LICENSES HELD ARE SLTSPENDED FOR 30 DAYS--SUSPENSION STAYED IN CONFORMITY WITH CONDITIONS PLACED ON LICENSE (SEE 1.5 SCREEN)--LAP-LIC N/A 774-0845 � � .�IAichael Bartelmy d/b/a Mike's Towing_ City's Exh. No. 4 N; � OFFICE OF TF� CITY ATTORNEY PegBirk�Attorney , CITY OF SAINT PAUL Norm Calemm:, Mayor Mazch 12, 1998 Mr. Michael Barteimy Mike's Towing 847 Hudson Road Saint Paul, Minnesota 55106 Civil Division 400 Ciry Hall I S West Kel7ogg Blvd Saint Paul, Minnesom SSIO2 NOTICE OF VIOLATION Telephone: 612 266-8770 Facsimile: 6l2 298-5619 RE: All licenses held by Michael Bartelmy dibia Mike's Towing for the property located at 847 Hudson Road in St. Paul License ID No.: 17943 Our File No.:G97-O551 Dear Mr. Bartelmy: The D'uector of the Office of License, Inspections and Bnvironmental Protection is recommending that adverse action be taken against your license. The basis for the adverse action is: Saint Paul Legislative Code §310.06(b)(� permits adverse action to be taken against a license when the licensee "has failed to comply with any condition set forth in the license, or set forth in the resolution granting or renewing the license." Your property was inspected on February 23, 1998, March 2, 1998 and March 9,1998, and was found to be in violation of four of the conditions on your license. Condition #3 states that "There shall be no egterior storage of parts or material." Condition #5 states that "The licensee shall not cause or permit the accumulation of any quantity of parts or material or debris on the eaterior of the property, whether stored in vehicles or not, and shall store all parts or material in the building or in the 8 x 10 shed build on the property in August of 1993." On each of the inspection dates the inspector observed vehicie parts and other materials stared outside, and debris including metai scraps, wooden blocks, cans and discarded vehicle wiring. Condition # 6 states that "The number of vehicles outside of the licensed � � n e e �ce ses o —Michael Bartelmy d/b/a Mike's Towing— City's Exh. No. 5 � p Michael Bartelmy � • Mazch 12, 1998 � � � �� Page 2 building shall not exceed eight (8) vehicles in number at any time (ezcluding the tow trucks of the licensee)° On February 23, 1998 the inspector observed thirteen (13) vehicles, on March 2,1998 there were eleven (11) vehicles and on March 9,1998 there were nine (9) vehicles on the lot. Condition # 8 states that "There shall be no on-street parking of any customer cars, or other cars owned by or under the custody and/or control of the licensee." The inspector observed two owner and/or customer cars parked on the street on February 23,1998 and March 2,1998 and one on March 9, 1998. If you do not dispute the above facts, please send me a letter with a statement to that effect. The matter wili then be scheduled for a hearing before the St. Paul City Council to detennine what penalty, if any, to impose. You will have an opportunity to appear and speak on your own behalf, or to have someone appear there for you. On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Adxninistrative Law Judge (AL�. If you wish to have such a hearing, please send me a letter stating that you aze contesting the facts. You will then be sent a"Notice of Hearing," so you will know when and where to appeaz, and what the basis for the hearing will be. In either case, please let me know in writing no later than Thursday, March 26,1998 , how you would like to proceed. If I have not heard from you by that date, I will assume that you are not contesting the facts. The matter will then be scheduled for the hearing before the St. Paul City CounciL If you have any questions, feel free to call me or have your attorney call me at 266-8710. Sincerely, �/ JC�.� �� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Kathy Moriarty, Community Organizer, Dayton's Bluff Center for Civic Life, 281 Maria Ave., St. Paul, MN 55106 J `J STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY � g� � 5a AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on March 13, 1998, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereo£ in an envelope addressed as follows: Mr. Michael Bartelmy Mike's Towing 847 Hudson Road Saint Paul, MN. 55106 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 13th day of March, 1998. Notary Publ c . � . =,, RITA R9. BQSSARD � .;, R'OTARYPUELC—Mi:_:a_SOTA 2 5 � � Ran,s�v cou�;rv r p Z .;., �� , ��Pty Comm. E:cpires Jan. 31. 2000 $ ■ � q�-� 5D ¢cv ' `' ` � « �r'1 � : � 1161 �+I4 �� wt� w� a�a �� °_ �, ,; 4 _ � a, �� ,� `�:�:., � �� ; W �� J�� ; �� ..� �� `_ �� . � �"�'�v�� F �; :� � � ` $66l 9 C� ay� � �� /�' P �''A"Fe,� E ,. ��, �� _ �l�l �cl,�� .�� .� -� ��, ��7 ��,� �� .,�� - �� l,/�'l,t..� � SI� ��G� o�,�r �� ;��I ��f�� l �L�7u>�.�� ,C.� Ei�- ,�. ,o.��- ��.� �d �� s f� ��- ��,�-.�' ��c�� .��( �� 1�� C f �w 5��c�� '� r"d�� (� � � �/L� V'�1'r �/r� � f ��/� �I �!1 c�, c �N �,c.,^�� I I��w,J� �i'°�s.s a�` ,. � � � - YGis�� ..�:�� . � -- --- ��■ —.AAichaei Bartelmy dlb/a Mike's Towing— Citv's Exh. No. 6 + • OFFI�F THE CITY ATTORNEY Peg Bi Anorney q8 �sa CITY OF SAINT PAUL Norm Colenwn, Mayo� Apri127, 1998 Crvil Drvisinn 400 Gty Aa71 IS Wer[KeUngg Blvd Saira PauS �nnesota 55701 NOTICE OF HEARING Mr. Michael Bartelmy Mike's Towing 847 Hudson Road Saint Paui, Minnesota 55106 RE: All licenses heid by Michael Bartelmy d/b/a Mike's Towing for the premises located at 847 Hudson Road in St. Paul License ID No.: 17943 Our File Number: G97-O551 Dear Mr. Bartelxny: Telephane 672 266-8710 Facrinule: 612 298-5619 Please take notice that a hearing will be held at the foliowing time, date and place concerning all licenses for the premises stated above: Date: Wednesday, May 27,1998 Time: 9:30 a.m. Place: Board of County Commissioners Room 220, Conference Room B St. Paul City Hall 15 W. Kellogg Blvd. St. Paui, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Richard Mosman 604 Richfield Bank 6625 Lyndale Avenue South Richfield, MN 55423 Telephone: 861-3331 � n e e icenses o � —Michael Bartelmy d/b/a Mike's Towing— City's Exh. EVo. 7 � - �18�� The Council of the City o�aint Paul has the authority to provide �earings concerning licensed premises and for adverse acrion against such licenses, under Chapter 310, including sections 31 Q.OS and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- intoxicating liquor, authority is aiso conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as foilows: Saint Paul Legislative Code §310.06(b)(5) permits adverse action to be taken against a license when the licensee "has failed to comply with any condition set forth in the license, or set forth in the resolution granting or renewing license.° Your property was inspected of February 23,1998, March 2,1998 and March 9, 1998, and was found to be in violarion of four of the conditions on your license. Condition #3 states that "There shall be no exterior storage of parts or material." Condition #5 states that "The licensee shall not cause or permit the accumulation of any quantity of parts or material or debris on the exterior of the property, whether stored in vehicles or not, and shall store all parts or material in the building or in the 8 x 10 shed built on the property in August of 1993." On each of the inspection dates the inspector observed vehicle parts and other materials stored outside, and debris including metal scraps, wooden blocks, cans and discarded vehicle wiring. Condition #6 states that "The number of vehicles outside of the licensed building shall not eaceed eight (8) vehicles in number at any time (excluding the tow trucks of the licensee)." On February 23,1998 the inspector observed thirteen (13) vehicles, on March 2,1998 there were eleven (11) vehicles and on March 9, 1998 there were nine (9) vehicles on the lot. Condirion #8 states that "There shall be no on-street parking of any customer cars, or other cars owned by or under the custody andlor control of the licensee." The inspector observed tavo owner and/or customer cars parked on the street on February 23,1998 and March 2,1998 and on March 9,1998. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes secrions 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. Notice of Hearing - Page 2 �' � � At the hearing, the Admi�tive Law Judge will have all parties i fy themselves for the�cord. � The City will then present rts wrtnesses and evidence, each of wh�the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge xnay in addition heaz relevant and material testimony from persons not presented as witnesses by either parry who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Conciuding arguments may be made by the parties. Following the hearing, the Judge will prepaze Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, piease contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appeaz at the hearing, your ability to challenge the aliegations will be forfeited and the allegations against you which have been stated eazlier in this notice may be taken as true. If non- pubiic data is received into evidence at the hearing, it may become public unless objecrion is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any questions, you can call me at 266-8710. Very truly yours, � �� Vuginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Nancy,Thomas, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Michael Samuelson, Exec. Director, Thomas-Dale/Dist. 7 Plamiuig Council, 369 University Ave., St. Paul, MN 55103 Johnny Howard, Executive Director, Thomas Dale Block Clubs, 1034 Lafond Ave., St. Paul, MN 55104 Notice of Hearing - Page 3 .� . a STATE OF MINNESOTA COUNTY OF RAMSEY ss. � �8-� s� AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on April 27, 1998, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Michael Bartelmy Mike's Towing 847 Hudson Road St. Paul, MN. 55106 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me � this 27tkr'alav of�A�l, 1998. Not tioTa� PANGBORN �v Comm. M�NNESGiq A""_ _ Expires Jan. 3�_ �,,,,, - y e 98-c� so ■ ,7�� • �`"—Michael Bartelmy dlbla Mike'� aW�n9-- Council File #�3 — � Clty'S EXh. NO. Green Sheet � l '�� , CITY OF SAIP1� PAULOMINNESOTA �� 3 - !1 L fl 1� X ,l.nv ,° �I� ,��; Presented By Referred Committee: Date i 2 RESOLVED, that the general repair garage license issued for Mike's Towing at 3 847 Hudson Road in Saint Paul, held by Michael Barteimy is hereby suspended for thiriy 4 (30) days, but said suspension is stayed in confomuty with the express terms and 5 conditions listed below in this Resolution; and be it � � 7 FURTHER RESOLVED, that the stayed suspension and the conditions listed 8 below shall be included in ail future renewals of the above license; and be it 9 10 FITRTHER RESOLVED, that the Report of the Administrative Law Judge il (AI.J) dated October 7, 1993, with its Findin�s of Fact, Conclusions of I.aw, 12 Recommendation and Memorandum, is expressly rati�ed and adopted as the written 13 findings and conclusions of the Council, with the exception of adding back in one of the 14 Conditions that was inadvertently omitted. 15 16 This Resolution is based on the record of proceedings before the ALJ, including 17 the hearing on August 26, 1993, the documents and exhibits introduced therein, the 18 arguments and statements of counsel for the parties on November 2, 1993, and the 19 deliberations of the Council in open session. The Report of the AL,T, as noted and 20 qualified above, is expressly incorporated in and made part of this Resolution by 21. reference. 22 23 A copy of this Resolution, as adopted, shall be sent by first class mail to the��1- Ld, 24 and to counsel for the licenseholder. �° � 25 o T r, � 25 �.^.;�LI�`I^P:S •—' -^� �� 27 a't m 28 The general repair garage license shall be suspended for thirty (30) days, provided,� "` 29 however, that the suspension shall be stayed on condition that the Licensee compl�wit#� 30 the following terms and conditions: •°• `•= 31� � � � 32 a) The Licensee shall not sell or display for sale any vehicies at 847 Hudson 33 Road. 34 35 b) The Licensee shall not cause or permit the accumulation of any quantity of 36 parts or material or debris on the exterior of the property, whether stored 37 in vehicles or not, and shall store all parts or material in the building or in 38 the 8 x 10 shed built on the property in August of 1993. _ 39 40 c) The number of vehicles outside of the licensed building shall not exceed ;�;`,'� '�, ��c3 41 eight (8) vehicles in number at any time (excluding the tow trucks of the 42 Licensee). 43 �Z� ,. _s o� w �+ 2 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 d) All vehicles outside of the licensed building, whether on the street or on the Licensee's property, must have current license plates or tabs displayed if owned by, or if under the custody and control of, or if being repaired by, the Licensee; provided, however, notwithstanding the foregoing, that the Licensee may tow vehicles that are not currendy licensed to his property for the purpose of repairing or doing work on such vehicles, so long as such vehicles are owned by the customer, and not owned by or registered to the Licensee or to any company in which the Licensee has an interest, and further provided, that in no case shall any unlicensed vehicle remain on or adjacent to the licensed property for longer than 7 days, including the day on which the vehicle is first towed to his property. e) There shall be no onstreet parking of any customer cars, or other cars owned by or under the custody and/or control of the Licensee; and the tow trucks of the Licensee shall not be parked on the street except during the hours oi 7:00 a.m. to 6:Ou p.m. ivionday through Saturday. c�3.- i 7y--= � �� t� These conditions, including the stayed suspension, shall be incorporated in all future renewals of the general repair garage license, or any other license issued by the City to the Licensee for the premises at 847 Hudson Road in Saint Paul. Violation of the foregoing terms and conditions shall be grounds for adverse action against licenses held by the Licensee. �fi.a �6^✓c �'�� '�'L' � Michael Bartelmy � (License ID �17943) Requested by Department of: s Adoption / B / � Approved By: !� 1 Secretary �Ly " .i Form Approved by City Attorney B ,1,L�7 �•f'Zf'l� i�-�-93 Approved by Mayor for Submission to Council B e� !� ;n�'.7 Adopted by Council: Date �Sl,v � � Council File # �S� ��5 Presented By Referred To Committee: Date 2 RESOLVED, that the auto repair garage license held by Michael Bartelmy, d/b/a Mike's 3 Towing, 847 Hudson Road, Saint Paul, Minuesota, is hereby suspended for a period of thirty (30) 4 days, effective August 5, 1998, but fifteen (15) day of said suspension shall be stayed for a 5 period of two yeazs on the following conditions: 1) that at the end of the fifteen day suspension, 6 LIEP certifies that the licensed premises are in compliance with a11 of the condirions placed on 7 the license; and 2) that there be no further violations of the conditions of the license. 8 9 10 11 12 13 14 15 16 17 18 FURTHER RESOLVED, that the Report of the Administrarive Law Judge dated June 3, 1998, with its Findings of Fact, Conclusions of Law, Recommendafion and Memoranduxn, is expressly ratified and adopted as the written findings and conclusions of the Council. This Resolution is based on the record of the proceedings before the Adtniuistrative Law Judge, including the hearing on May 27,1998, the azguments and statements of the licensee and counsel for LIEP on July 8, 1998 and the deliberation of the Council in open session. A copy of this Resolution, as adopted, shall be sent by firs class mail to the Adminstrative Law Judge, and to the licenseholder. Requested by Department of: Adopted by Council: Date ,..1 qq� Adoption Certified by Counci Sec tary Byc Approved by Ma� Dat ay: RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # �Q� � By: Form Approved y City At �orne� By: ,.(�_ Approved by r for Submission to Council Byc �P -GSo C1Yy C011IICll Councilmember Lantry �.sr eE ota coutaci� ncaoa, er (onn7 July 22, 1998 - Consent OATE INIiNTED Ju� �s 1998 GREEN SHEET TOTAL # OF SIGNATURE PAGES No 6210'7 � ■ u �..a,�.�.�. � �� _ � ❑ arcwnaxear ❑ anaauc ❑ wu,ra��aEaNCESOU� ❑ wuxuuaEwi,ccro ❑ rAYORtortAamr�xp ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Finalizing City Council action taken July S, 1998 concerning licenses held by Michael Bartelmy, dba Mike's Towing, 847 Hudson Road. PLANNfNG COMMISSION CIB CAMMITTEE CNIL SERVICE COMMISSION AMOUNT OF TRANSACTION Has fhis P��m e�er worked under a caMract tarfhic department? YES N� Has ihis peBOMrm evM been a cdy empbyee7 VES NO Does this Personlfi�m poasess a sldll not namallYP� �' anY curterR cilY emWoYee? YES NO Ic tliis person/fi,m a targetee vendoR YE3 NO COST/REVQlUEBUDGETm�qRCLEON� YES ACTNI7Y NUMBER NO (IXPWN) Interdepartmental Memorandum DATE: CITY OF SAINT PAUL July 14, 1998 TO: Nancy Anderson Assistant Council Secretary 310 City Hall FROM: RE: Nancy: Peter Pangborn Legal Assistant 400 City FIall Consent Agenda - July 22, 1998 °I �, ' G sa 1. Mike Bartelmy d/b/a Mike�s Towing 2. National Pawn Brokers Inc. d/b/a national Pawn Brokers Attached is the resolution identifying the penalty that was imposed last Wednesday by the City Council on Mike's Towing. Additionally, please find a State required license suspension for National Pawn Broker, Inc.. Please schedule these matters for the Consent Agenda for the council hearing on Wednesday, July 22, 1998. Thanks. Since el , . Peter P. Pang rn � �8S^c�!°Ci' v��;".r JUL � � ?�� OFFICE OF THE CITY ATTORNEY Peg Birk, City Alforney ��— � 5O 3� — CITY OF SAINT PAUL Name Coleman, Mayor 7une 23, 1998 Civil Division 400 Ciry Hal[ ]S West Kellogg Blvd Saint Paul, Minnesota 55702 NOTICE OF COUNCIL HEARING Mr. Michael Bartelmy Mike's Towing 847 Hudson Road Saint Paul, Mimiesota 55106 Te[ephone: 6l2 266-8710 Facsimile: 672 298-5619 Re: All licenses held by Michael Bartelmy d/b/a Mike's Towing for the premises located at 847 Hudson Rd. in St. Paul File Number: G97-O551 Dear Mr. Bartelmy: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned license application has been scheduled for 5:30 p.m., Wednesday, July 8, 1998, 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 tixne during normal business hours. You may also present oral or written azgument to the council at the Hearing. No new evidence will be received or tesrimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Admiuistrative 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, U � �.,��, � Virguu�r Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary, 310 City Hali Robert Kessler, Director, LIEP Christine Rozek, LIEP Kathy Moriarty, Community Organizer, Dayton's Bluff Center for Civic Life, 281 Maria Ave, St. Paul, MN 55106 ,.� n-y�i� �.e��.� C�;::��,;i � ;, � v. . �� s� q��5o OAH Number 62-2111-11676-3 STATE OF MINNESOTA OFFICE OF ADM►NISTRATIVE HEARINGS FOR THE CITY OF ST. PAUL In re: the License of Michael Bartelmy, d/b/a FINDINGS OF FACT Mike's Towing CONCLUSIONS OF LAW 847 Hudson Road AND RECOMMENDATION The above-entitled matter came on for hearing before Richard A. Mosman, Administrative Law Judge, commencing at 9:30 a.m. May 27, 1998, in conference room B of room 220, St. Paul City Hall, 15 W. Kellogg Boulevard, St. Paul, MN. The record ciosed on May 27, 1998. Virginia Palmer, Assistant City Attorney, City of St. Paul, 400 City Hall, 15 W. Kellogg Boulevard, St. Paul, MN, 55101, appeared on behalf of the City of St. Paul. Michael Bartelmy, 1327 Bush Street, St. Paul, MN 55106, appeared on his own behaff. This report is a recommendation, not a final decision. The St. Paul City Council will make the final decision. After a review of the record, it may adopt, reject or modify the Findings of Fact, Conclusions of Law and Recommendation contained herein. Pursuant to §310.05 (c-1) St. Paul Legislative Code, the City Council shall provide the Licensee with an oportunity to present oral or written arguments alleging errors on the part of the hearing examiner in the application of law or the interpretation of the facts and to present argument related to any recommendation or adverse action after receipt of this report. Parties should contact Nancy Anderson, City Clerk, St. Paul City Council, 310 City Hall, St. Paul, MN 55102, to ascertain the procedure for filing exceptions or presenting arguments. STATEMENT OFISSUES The issues in this proceeding are whether the license held by Michael Bartelmy should be subject to revocation or other adverse action for violation of the conditions of his license, specifically: 3. "That there be no exterior storage of parts or materials." 5. "The licensee shall not cause or permit the accumulat+on of any quantity of parts or material or debris on the exterior of the property, whether stored in vehicles or not, and shall store all parts or materials in the building or in the 8x10 shed built on the property in August, 1993." y��5o 6. "The number of vehicles outside of the licensed building shall not exceed eight (8) vehicles in number at any time `excluding the tow trucks of the licensee'." 8. "There shall be no on-street parking of any customer cars, or other cars owned by or under the custody and/or control of the licensee." Based upon the proceeding herein, the Administrative Law Judge makes the following: FINDINGS OF FACT 1. Michael Bartelmy, d/b/a Mike's Towing, is the license holder of a Class 3 Auto Repair Garage License for 847 Hudson Road, St. Paul, MN 55106. 2. On November 30, 1993, the St. Paul City Council imposed conditions upon the Respondent's license which included in pertinent part, the following: 3. "That there be no exterior storage of parts or materials." 5. "The licensee shall not cause or permit the accumulation of any quantity of parts or material or debris on the exterior of the property, whether stored in vehicles or not, and shall store all parts or materials in the building or in the 8x10 shed built on the property in August, 1993." 6. "The number of vehicles outside of the licensed building shall not exceed eight (8) vehicles in number at any time `excluding the tow trucks of the licensee'." 8. "There shall be no on-street parking of any customer cars, or other cars owned by or under the custody and/or control of the licensee." 3. The conditions upon the RespondenYs license were imposed by the City Council at the same time as they stayed imposition of a thirty (30) day suspension of his license which was recommended in connection with a report from an ALJ. At that time, the Respondent was specifically notified as follows: "Violation of the foregoing terms and conditions shall be grounds for adverse action against licenses held by the Licensee. City's Exhibit No. 15." 2 g8-�5� 4. In March, 1998, prompted by the complaints of citizens, Christina Schweinler, Senior License Inspector, Office of License, Inspection and Environmental Protection (LIEP) inspected the licensed premises and found that the Respondent's premises did not comply with the conditions of the license because there was material stored on the premises outside of the building and there were too many vehicles stored on the premises. Cit�s Exhibit No. 2. 5. Ms. Schweinler spoke to the Licensee regarding the violations and made follow-up inspections nearly weekly through March, April and part of May prior to the hearing. During this time, the Licensee made efforts and had cleaned up and come in compliance with some of the conditions. At no time did the inspector find the premises in total compliance with the conditions of his license. On each of her inspections, she found too many vehicles on the premises. City Exhibits 8-13. 6. On each of the occasions in which Ms. Schweinler inspected the premises, she made personal contact with the Licensee and discussed what she felt were violations of the conditions that existed at the time of her inspection. 7. Robert Kessler, Director, L1EP made a personal inspection of the premises, observed violations of the conditions of the license and made recommendations for initiation of adverse action in connection with the license. City Exhibit No. 1. Mr. Kessler did observe positive efforts by the Licensee to comply with the conditions of the license during the period March though May, 1998. Although these efforts were positive they were, in the opinion of the witness, not effective to bring the Licensee into 100% compliance with the conditions of the license. 8. Notice of Violation was sent to the Licensee March 12, 1998 indicating that Licensee was in violation of the conditions of his license. City's Exhibit No. 5. 9. The Licensee responded and requested a hearing by ALJ postmarked March 23, 1998. City's Exhibit No. 6. 10. Notice of Hearing was sent to the Licensee April 27, 1998 identifying the hearing date and location. City's Exhibit No. 7. Based upon the Findings of Fact herein, the Administrative Law Judge makes the folfowing: CONCLUSIONS OF LAW 1. The St. Paul City Council and the Administrative Law Judge have Jurisdiction in this matter pursuant to Minn. Stat. §14.50 and §340A.415 and St. Pau! Legislative Code §310.05 and §310.06. 3 �,' , � 2. The City of St. Paul has fiiled all the relevant substantive and procedural requirements of law and rule. 3. That Michael Bartelmy, d/b/a Mike's Towing, is licensed by the City of St. Paul as a Class 3 Auto Repair Garage but must operate in compliance with the conditions placed upon this license by City Council Resolution effective November 30, 1993. 4. During the timeframe of February 23 to May 22, 1998, the Licensee was in violation of one or more of the conditions of his license. 3. "That there be no exterior storage of parts or materials." 5. "The licensee shall not cause or permit the accumulation of any quantity of parts or material or debris on the exterior of the property, whether stored in vehicles or not, and shall store all parts or materials in the building or in the 8x10 shed built on the property in August, 1993." 6. "The number of vehicles outside of the licensed building shall not exceed eight (8) vehicles in number at any time `excluding the tow trucks of the licensee'." 8. "There shall be no on-street parking of any customer cars, or other cars owned by or under the custody and/or control of the licensee" 5. �th proper management, the licensed premises could be operated in a fashion that would comply with the conditions imposed upon the license. Based upon the foregoing Conclusions of Law, the Administrative Law Judge makes the following: RECOMMENDATION [T !S RESPECTFULLY RECOMMENDED that the St. Paul City Council take the following adverse action against the license held by Michael Bartelmy, d/b/a Mike's Towing: 1. That the license be suspended for a period of thirty (30) days. 2. That the license be reinstated any time after fifteen (15) days, and the balance of the thirty (30) day suspension be stayed, provided LIEP certifies that the premises is in compliance with the conditions of the license. 0 •' . � 3. That any period of the thirty (30) day suspension not imposed in accordance with fhis Order be stayed for a period of two (2) years condifioned upon fhe Licensee maintaining the licensed premises in compliance with the conditions of the license. Dated: � ��Q� � Richard A. Mosman Administrative Law J NOTICE Pursuant to MSA §114. 62, Subd. 1, the City Council is requested to serve its final decision by first class mail upon each party in the Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, MN 55401. RECORD The proceedings were tape recorded . ram\bartelmy.doc 4� " • I��iI��C�7:L\�G1�1�1 Ali parties to this matter agreed that the citizen complaints made in connection with the operation of this license occur during the Spring, when the snow melt makes the conditions on the premises more visible to the neighbors. Although the Licensee indicated that he felt he was capable of operating his garage in compliance with the conditions of the license, he indicated difficulty because he felt he had room for more vehicles than the conditions allowed. A portion of his business is the repair and rebuilding of vehicles with the use of parts taken from other vehicles. This doubles the number of vehicles on the premises, some of which are inoperable and not being repaired. The Licensee does have two tow trucks and the capacity to remove inoperable vehicles if necessary. It is the impression of the ALJ that with care given to the efficiency of the operation, the Licensee is capable of complying with the conditions of the license. The photos indicated very efficient use of space with tight packing of vehicles on the property. Although there was some dispute as to whether the violation of the number of vehicles at the time of the inspection was caused by a customer's car being only temporarily in the driveway, it appears that some of the vehicles on the property have been there for some time and are not presently in the process of being repaired or used as a source of parts. �th the removal of a couple of relics, it is believed that the Licensee cou{d be in compliance without sacrificing productivity of his operation. It is further the impression of the ALJ that compliance with the conditions of the license could be achieved by this Licensee long before the expiration of the thirty (30) day suspension. Once relieved of his ongoing obligations for repairs, he could focus on the immediate chores of achieving compliance with the conditions of the license. It is hoped that the opportunity for early reinstatement would encourage the Licensee to achieve speedy compliance in order to return his business to productivity. Since the continuing violation appears to be the number of vehicles on the premises, the problem could be solved in short order with the use of the Licensee's tow trucks. Dated: RAM STATE OF MINNESOTA ` 8- � 5 � OFFICE OF ADMINISTRATIVE HEARINGS 10� Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 _ } '. f June � 1998 Fred Owusu City Clerk 170 City Hall 15 W. Kellogg Blvd. St. Paul, MN 55102 Re: In the Matter of the License of Michael Bartelmy, d/b/a Mike's Towing; OAH Docket No. 62-2111-11676-3 Dear Mr. Owusu: On June 3, 1998, Administrative Law Judge Mosman served the Findings of Fact, Conclusions and Recommendation in the above-entitled matter. Enclosed is the official record, including a copy of the tape recording of the hearing. If Our file in this matter is now being closed. Very truly yours, � - %��e�J `�'� , l�e-�,�� Nancy M: Thomas Docket Clerk Telephone: 612/341-7615 NT Enc. Providing Impartial Hearing� r Government antl Citizens An Equal Oppo unity Employ Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 349-2665 �18-�5� AFFIDAVIT OF SERVICE STATE OF MINNESOTA SS COUNTY OF HENNEPIN Richard A. Mosman of the city of New Brighton, Connty of Rauusey, State of Minnesota deing duly sworn, says that on the 3 day of June , 1998, she/he served the annexed Findings of Fact, Conclusions of Law and Recommendations upon; Office o£ the City Attorney Attn: Ms Virginia Palmer, Esq 400 City Hall 15 W Kellogg Blvd St Paul Minnesota 55102 Mr Michael Bartelmy 1327 Bush St St Paul Minnesota 55106 the parties or attorneys for the parties to the action herein, by mailing to the named attorneys, and/or parties, copies thereof, enclosed in an envelope, first class postage prepaid, and by depositing the same in the post office at Richfield, Minnesota. Richard A. Mosman Subscribed sworn to before me this 3�day of __, 19�� ----- � =-��-��--- otary Public � ��..�,.� ��.�--.;- », =`.�_=_�� 7 �'1 ;, . ` _t� n��a, :�� _ _,. � � �'�� „�� - > `` — �;:�_.,._ � �__�__� � _ __. �1�•3i,3aa g�-� S� From: Robert Kessler To: CAO_Attorney.palmer Date: 3/9/98 4:46pm Subject: Mike's Towing Violations Kris Schweinler and 2 have inspectEd Mike's Towing ( ID Number 17943--at Bates and Hudson Road) three times in the past three weeks to determine compliance with license conditions. The owner remains substantially out of compliance, with five of the eight conditions. 2 am compelled to recommend adverse action to revoke his license due to his inability to comply with the specific conditions of his license. The conditions being violated include: Condition # 3. No exterior storage of parts or material. On all three occasions of inspection, February 23, March 2nd, and March 9th there was, and there remains, substantial storage of vehicle parts and materials, especially on the east side of the building. Condition # 5. No accumulation of parts or debris. Although progress was made from the 23rd to the 9th there still remains an accumulation of debris including metal scraps, wooden blocks, cans, and discarded vehicle wiring. Condition # 6. No more than eight vehicles (excluding the three tow trucks of the licensee) can be stored on the property. On the 23rd there were 13 vehicles, on the 2nd there were il, and on the 9th there were 9. Condition # 7. Al1 vehicles stored on the prop must be properly licensed. There were 4 unlicensed on the 23rd, and one unlicensed on the 2nd. Condition # 8 No on street parking of owner's or customer's cars. There were at least two on the 23rd, two on the 2nd, and one on the 9th. Please let me know if you have any questions about this matter, your assistance is appreciated. CC: schweink, rozekchr . � n e e �censes o —EVBichaef Bartelmy d/b/a Mike's Towing— City's Exh. No. 1 98"� ��I� ■ __qAichael Bartelmy d/b/a Mike's Towing—. City's Exh. No, 2 RESTRICTIONS INQUIRY SCREEN LICENSE ID: 17943 DBA:MIKE'S TOWING NOTE: 1:1. THERE SHALL BE NO SALES OF VEFIICLES OR RETAILI 2:NG OF PARTS AT THIS LOCATION WITHOUT FIRST OBTAINI 3:NG THE PROPER CITY LICENSES. 4:2. THERE SHAI,L BE NO PARRING OR STORING OF UNLICE 5:NSED VEfIICLES ON TFIE PROPERTY. 6:3. TAERE SHAI,L BE NO EXTERIOR STORAGE OF PARTS OR 7:MATERIAL. 8:4. THE LICENSEE SHAI,L NOT SELL OR DISPLAY FOR 9:SALE ANY VEHICLES AT 847 HUDSON ROAD. 10:5. THE LICENSEE SHALL NOT CAUSE OR PERMIT THE 11:ACCUMCJLATION OF ANY QUANTITY OF PARTS OR MATERIAL 12:OR DEBRIS ON THE EXTERIOR OF THE PROPERTY, WHETHER 13:STORED IN VEHICLES OR NOT, AND SHALL STORE ALL 14:PARTS OR MATERIAL IN THE BUILDING OR IN THE 8 X 10 15:SHED BUILT ON THE PROPERTY IN AUGUST OF 1993. g8—�5c� Date: Dec 3 ■ n �� —Michaei Bartelmy d/b/a Mike's Towing— City's Exh. No. 3 � RESTRICTIONS INQUIRY SCREEN LICENSE ID: 17943 DBA:MIKE'S TOWING NOTE:16:6. TFIE NL7MBER OF VEHICLES OUTSIDE OF THE LICENSED 17:BUILDING SHALL NOT EXCEED EIGHT (8) VEHICLSS IN 18:NUMBER AT ANY TIME (EXCLUDING THE TOW TRUCKS OF 19:THE LICENSEE). 20:7. ALL VEHICLES OUTSIDE OF THE LICENSED BUILDING, 21:WHETHER ON THE STREET OR ON THE LICENSEE'S PROP- 22:ERTY, MUST HAVE CURRENT LICENSE PLATES OR TABS 23:DISPLAYED IF OWNED BY, OR IF UNDER THE CUSTODY AND 24:CONTROL OF, OR IF BEING REPAIRED BY, THE LICENSEE; 25:PROVIDED, HOWEVER, NOTWITHSTANDING THE FOREGOING, 26:THAT THE LICENSEE MAY TOW VEHICLES THAT ARE NOT 27:CURRENTLY LICENSED TO HIS PROPERTY FOR THE PURPOSE 28:OF REPAIRING OR DOING WORK ON SUCH VEHICLES, 50 29:LONG AS SUCH VEHICLES ARE OWNED BY THE CUSTOMER, 30:AND NOT OWNED BY OR REGISTERED TO THE LICENSEE OR g8-�5a Date: Dec � " R'S- (�,SZ� Date: Dec 3 RESTRICTIONS INQUIRY SCREEN LICENSE ID: 17943 DBA:MIKE'S TOWING NOTE:31:T0 ANY COMPANY IN WfiICH THE LICENSEE HAS AN 32:INTEREST, AND FURTHER PROVIDED, THAT IN NO CASE 33:SHALL ANY UNLICENSED VEHICLE REMAIN ON OR ADJACENT 34:T0 THE LICENSED PROPERTY FOR LONGER THAN 7 DAYS, 35:INCLUDING THE DAY ON WHICH TAE VEHICLE IS FIRST 36:TOWED TO HIS PROPERTY. 37:8. TFTERE SHALL BE NO ONSTREET PARKING OF ANY 38:CUSTOMER CARS, OR OTHER CARS OWNED BY OR UNDER THE 39:CUSTODY 71ND/OR CONTROL OF THE LICENSEE; AND THE 40:TOW TRUCFCS OF THE LICENSEE SHALL NOT BE PARKED ON 41:THE STREET EXCEPT DURING THE HOURS OF 7:00 AM TO 42:6:00 PM MONDAY THROUGH SATURDAY. 43• 44• 45: y�-�5� Lic ID ................... STAT..................... Business Name............ Address .................. Zip ...................... Doing Business As........ License Name ............. Exp Date .............•••• Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ Tax Id ................... Worker Comp Exp Date..... Telephone ................ 17943 RS BARTELMY, MICHAEL 847 HUDSON ROAD 55106 MIKE'S TOWING AUTO REPAIR GARAGE 12/31/97 INSP CHANGE FROM Ol TO 02 ON 4/09/92 12663 120188 THIS RENEWAL WAS REMOVED FROM CLASS III REN ENALS BY TOM DIAMOND AND LAYED OVER FOR 2 WEEKS 121588 " " � "-�'LAYED OVER INDEFINITELY 060992 PH ON RENEW� OF GENERAL REPAIR GARAGE LICE NSE - LAYED OVER FOR TWO WEEKS 062392 INDEF. LAYOVER (LICENSE OFFICE IS TO DO AN INVESTIGATION TO SEE IF LICENSEE IS IN COMPLIANCE WITH RESTRICTIONS. 11/30/93 C.F. #93-1782 ALL LICENSES HELD ARE SLTSPENDED FOR 30 DAYS--SUSPENSION STAYED IN CONFORMITY WITH CONDITIONS PLACED ON LICENSE (SEE 1.5 SCREEN)--LAP-LIC N/A 774-0845 � � .�IAichael Bartelmy d/b/a Mike's Towing_ City's Exh. No. 4 N; � OFFICE OF TF� CITY ATTORNEY PegBirk�Attorney , CITY OF SAINT PAUL Norm Calemm:, Mayor Mazch 12, 1998 Mr. Michael Barteimy Mike's Towing 847 Hudson Road Saint Paul, Minnesota 55106 Civil Division 400 Ciry Hall I S West Kel7ogg Blvd Saint Paul, Minnesom SSIO2 NOTICE OF VIOLATION Telephone: 612 266-8770 Facsimile: 6l2 298-5619 RE: All licenses held by Michael Bartelmy dibia Mike's Towing for the property located at 847 Hudson Road in St. Paul License ID No.: 17943 Our File No.:G97-O551 Dear Mr. Bartelmy: The D'uector of the Office of License, Inspections and Bnvironmental Protection is recommending that adverse action be taken against your license. The basis for the adverse action is: Saint Paul Legislative Code §310.06(b)(� permits adverse action to be taken against a license when the licensee "has failed to comply with any condition set forth in the license, or set forth in the resolution granting or renewing the license." Your property was inspected on February 23, 1998, March 2, 1998 and March 9,1998, and was found to be in violation of four of the conditions on your license. Condition #3 states that "There shall be no egterior storage of parts or material." Condition #5 states that "The licensee shall not cause or permit the accumulation of any quantity of parts or material or debris on the eaterior of the property, whether stored in vehicles or not, and shall store all parts or material in the building or in the 8 x 10 shed build on the property in August of 1993." On each of the inspection dates the inspector observed vehicie parts and other materials stared outside, and debris including metai scraps, wooden blocks, cans and discarded vehicle wiring. Condition # 6 states that "The number of vehicles outside of the licensed � � n e e �ce ses o —Michael Bartelmy d/b/a Mike's Towing— City's Exh. No. 5 � p Michael Bartelmy � • Mazch 12, 1998 � � � �� Page 2 building shall not exceed eight (8) vehicles in number at any time (ezcluding the tow trucks of the licensee)° On February 23, 1998 the inspector observed thirteen (13) vehicles, on March 2,1998 there were eleven (11) vehicles and on March 9,1998 there were nine (9) vehicles on the lot. Condition # 8 states that "There shall be no on-street parking of any customer cars, or other cars owned by or under the custody and/or control of the licensee." The inspector observed two owner and/or customer cars parked on the street on February 23,1998 and March 2,1998 and one on March 9, 1998. If you do not dispute the above facts, please send me a letter with a statement to that effect. The matter wili then be scheduled for a hearing before the St. Paul City Council to detennine what penalty, if any, to impose. You will have an opportunity to appear and speak on your own behalf, or to have someone appear there for you. On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Adxninistrative Law Judge (AL�. If you wish to have such a hearing, please send me a letter stating that you aze contesting the facts. You will then be sent a"Notice of Hearing," so you will know when and where to appeaz, and what the basis for the hearing will be. In either case, please let me know in writing no later than Thursday, March 26,1998 , how you would like to proceed. If I have not heard from you by that date, I will assume that you are not contesting the facts. The matter will then be scheduled for the hearing before the St. Paul City CounciL If you have any questions, feel free to call me or have your attorney call me at 266-8710. Sincerely, �/ JC�.� �� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP Kathy Moriarty, Community Organizer, Dayton's Bluff Center for Civic Life, 281 Maria Ave., St. Paul, MN 55106 J `J STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY � g� � 5a AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on March 13, 1998, she served the attached NOTICE OF VIOLATION on the following named person by placing a true and correct copy thereo£ in an envelope addressed as follows: Mr. Michael Bartelmy Mike's Towing 847 Hudson Road Saint Paul, MN. 55106 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 13th day of March, 1998. Notary Publ c . � . =,, RITA R9. BQSSARD � .;, R'OTARYPUELC—Mi:_:a_SOTA 2 5 � � Ran,s�v cou�;rv r p Z .;., �� , ��Pty Comm. E:cpires Jan. 31. 2000 $ ■ � q�-� 5D ¢cv ' `' ` � « �r'1 � : � 1161 �+I4 �� wt� w� a�a �� °_ �, ,; 4 _ � a, �� ,� `�:�:., � �� ; W �� J�� ; �� ..� �� `_ �� . � �"�'�v�� F �; :� � � ` $66l 9 C� ay� � �� /�' P �''A"Fe,� E ,. ��, �� _ �l�l �cl,�� .�� .� -� ��, ��7 ��,� �� .,�� - �� l,/�'l,t..� � SI� ��G� o�,�r �� ;��I ��f�� l �L�7u>�.�� ,C.� Ei�- ,�. ,o.��- ��.� �d �� s f� ��- ��,�-.�' ��c�� .��( �� 1�� C f �w 5��c�� '� r"d�� (� � � �/L� V'�1'r �/r� � f ��/� �I �!1 c�, c �N �,c.,^�� I I��w,J� �i'°�s.s a�` ,. � � � - YGis�� ..�:�� . � -- --- ��■ —.AAichaei Bartelmy dlb/a Mike's Towing— Citv's Exh. No. 6 + • OFFI�F THE CITY ATTORNEY Peg Bi Anorney q8 �sa CITY OF SAINT PAUL Norm Colenwn, Mayo� Apri127, 1998 Crvil Drvisinn 400 Gty Aa71 IS Wer[KeUngg Blvd Saira PauS �nnesota 55701 NOTICE OF HEARING Mr. Michael Bartelmy Mike's Towing 847 Hudson Road Saint Paui, Minnesota 55106 RE: All licenses heid by Michael Bartelmy d/b/a Mike's Towing for the premises located at 847 Hudson Road in St. Paul License ID No.: 17943 Our File Number: G97-O551 Dear Mr. Bartelxny: Telephane 672 266-8710 Facrinule: 612 298-5619 Please take notice that a hearing will be held at the foliowing time, date and place concerning all licenses for the premises stated above: Date: Wednesday, May 27,1998 Time: 9:30 a.m. Place: Board of County Commissioners Room 220, Conference Room B St. Paul City Hall 15 W. Kellogg Blvd. St. Paui, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Richard Mosman 604 Richfield Bank 6625 Lyndale Avenue South Richfield, MN 55423 Telephone: 861-3331 � n e e icenses o � —Michael Bartelmy d/b/a Mike's Towing— City's Exh. EVo. 7 � - �18�� The Council of the City o�aint Paul has the authority to provide �earings concerning licensed premises and for adverse acrion against such licenses, under Chapter 310, including sections 31 Q.OS and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- intoxicating liquor, authority is aiso conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as foilows: Saint Paul Legislative Code §310.06(b)(5) permits adverse action to be taken against a license when the licensee "has failed to comply with any condition set forth in the license, or set forth in the resolution granting or renewing license.° Your property was inspected of February 23,1998, March 2,1998 and March 9, 1998, and was found to be in violarion of four of the conditions on your license. Condition #3 states that "There shall be no exterior storage of parts or material." Condition #5 states that "The licensee shall not cause or permit the accumulation of any quantity of parts or material or debris on the exterior of the property, whether stored in vehicles or not, and shall store all parts or material in the building or in the 8 x 10 shed built on the property in August of 1993." On each of the inspection dates the inspector observed vehicle parts and other materials stored outside, and debris including metal scraps, wooden blocks, cans and discarded vehicle wiring. Condition #6 states that "The number of vehicles outside of the licensed building shall not eaceed eight (8) vehicles in number at any time (excluding the tow trucks of the licensee)." On February 23,1998 the inspector observed thirteen (13) vehicles, on March 2,1998 there were eleven (11) vehicles and on March 9, 1998 there were nine (9) vehicles on the lot. Condirion #8 states that "There shall be no on-street parking of any customer cars, or other cars owned by or under the custody andlor control of the licensee." The inspector observed tavo owner and/or customer cars parked on the street on February 23,1998 and March 2,1998 and on March 9,1998. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes secrions 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be applicable. Notice of Hearing - Page 2 �' � � At the hearing, the Admi�tive Law Judge will have all parties i fy themselves for the�cord. � The City will then present rts wrtnesses and evidence, each of wh�the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-examine. The Administrative Law Judge xnay in addition heaz relevant and material testimony from persons not presented as witnesses by either parry who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Conciuding arguments may be made by the parties. Following the hearing, the Judge will prepaze Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, piease contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appeaz at the hearing, your ability to challenge the aliegations will be forfeited and the allegations against you which have been stated eazlier in this notice may be taken as true. If non- pubiic data is received into evidence at the hearing, it may become public unless objecrion is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. If you have any questions, you can call me at 266-8710. Very truly yours, � �� Vuginia D. Palmer Assistant City Attorney cc: Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Nancy,Thomas, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Michael Samuelson, Exec. Director, Thomas-Dale/Dist. 7 Plamiuig Council, 369 University Ave., St. Paul, MN 55103 Johnny Howard, Executive Director, Thomas Dale Block Clubs, 1034 Lafond Ave., St. Paul, MN 55104 Notice of Hearing - Page 3 .� . a STATE OF MINNESOTA COUNTY OF RAMSEY ss. � �8-� s� AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on April 27, 1998, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Mr. Michael Bartelmy Mike's Towing 847 Hudson Road St. Paul, MN. 55106 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me � this 27tkr'alav of�A�l, 1998. Not tioTa� PANGBORN �v Comm. M�NNESGiq A""_ _ Expires Jan. 3�_ �,,,,, - y e 98-c� so ■ ,7�� • �`"—Michael Bartelmy dlbla Mike'� aW�n9-- Council File #�3 — � Clty'S EXh. NO. Green Sheet � l '�� , CITY OF SAIP1� PAULOMINNESOTA �� 3 - !1 L fl 1� X ,l.nv ,° �I� ,��; Presented By Referred Committee: Date i 2 RESOLVED, that the general repair garage license issued for Mike's Towing at 3 847 Hudson Road in Saint Paul, held by Michael Barteimy is hereby suspended for thiriy 4 (30) days, but said suspension is stayed in confomuty with the express terms and 5 conditions listed below in this Resolution; and be it � � 7 FURTHER RESOLVED, that the stayed suspension and the conditions listed 8 below shall be included in ail future renewals of the above license; and be it 9 10 FITRTHER RESOLVED, that the Report of the Administrative Law Judge il (AI.J) dated October 7, 1993, with its Findin�s of Fact, Conclusions of I.aw, 12 Recommendation and Memorandum, is expressly rati�ed and adopted as the written 13 findings and conclusions of the Council, with the exception of adding back in one of the 14 Conditions that was inadvertently omitted. 15 16 This Resolution is based on the record of proceedings before the ALJ, including 17 the hearing on August 26, 1993, the documents and exhibits introduced therein, the 18 arguments and statements of counsel for the parties on November 2, 1993, and the 19 deliberations of the Council in open session. The Report of the AL,T, as noted and 20 qualified above, is expressly incorporated in and made part of this Resolution by 21. reference. 22 23 A copy of this Resolution, as adopted, shall be sent by first class mail to the��1- Ld, 24 and to counsel for the licenseholder. �° � 25 o T r, � 25 �.^.;�LI�`I^P:S •—' -^� �� 27 a't m 28 The general repair garage license shall be suspended for thirty (30) days, provided,� "` 29 however, that the suspension shall be stayed on condition that the Licensee compl�wit#� 30 the following terms and conditions: •°• `•= 31� � � � 32 a) The Licensee shall not sell or display for sale any vehicies at 847 Hudson 33 Road. 34 35 b) The Licensee shall not cause or permit the accumulation of any quantity of 36 parts or material or debris on the exterior of the property, whether stored 37 in vehicles or not, and shall store all parts or material in the building or in 38 the 8 x 10 shed built on the property in August of 1993. _ 39 40 c) The number of vehicles outside of the licensed building shall not exceed ;�;`,'� '�, ��c3 41 eight (8) vehicles in number at any time (excluding the tow trucks of the 42 Licensee). 43 �Z� ,. _s o� w �+ 2 3 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 d) All vehicles outside of the licensed building, whether on the street or on the Licensee's property, must have current license plates or tabs displayed if owned by, or if under the custody and control of, or if being repaired by, the Licensee; provided, however, notwithstanding the foregoing, that the Licensee may tow vehicles that are not currendy licensed to his property for the purpose of repairing or doing work on such vehicles, so long as such vehicles are owned by the customer, and not owned by or registered to the Licensee or to any company in which the Licensee has an interest, and further provided, that in no case shall any unlicensed vehicle remain on or adjacent to the licensed property for longer than 7 days, including the day on which the vehicle is first towed to his property. e) There shall be no onstreet parking of any customer cars, or other cars owned by or under the custody and/or control of the Licensee; and the tow trucks of the Licensee shall not be parked on the street except during the hours oi 7:00 a.m. to 6:Ou p.m. ivionday through Saturday. c�3.- i 7y--= � �� t� These conditions, including the stayed suspension, shall be incorporated in all future renewals of the general repair garage license, or any other license issued by the City to the Licensee for the premises at 847 Hudson Road in Saint Paul. Violation of the foregoing terms and conditions shall be grounds for adverse action against licenses held by the Licensee. �fi.a �6^✓c �'�� '�'L' � Michael Bartelmy � (License ID �17943) Requested by Department of: s Adoption / B / � Approved By: !� 1 Secretary �Ly " .i Form Approved by City Attorney B ,1,L�7 �•f'Zf'l� i�-�-93 Approved by Mayor for Submission to Council B e� !� ;n�'.7 Adopted by Council: Date �Sl,v � �