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File #: RES PH 17-285    Version: 1
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 10/4/2017
Title: Sustaining adverse action against the Recycling Processing Center license held by Strategic Materials, Inc., d/b/a Strategic Materials (SMI) at 195 Minnehaha Avenue East.
Sponsors: Amy Brendmoen
Attachments: 1. Notice of Council Hearing with Settlement Agreement.pdf, 2. Executed Settlement Agreement dated September 6th 2017.pdf, 3. Notice of Violation and Notice of Intent To Suspend License with Affidavit of Service.pdf, 4. Amended Notice of Violation Notice of Intent to Suspend License and Add Additional License Conditions dated June 29th 2017.pdf
Title
Sustaining adverse action against the Recycling Processing Center license held by Strategic Materials, Inc., d/b/a Strategic Materials (SMI) at 195 Minnehaha Avenue East.

Body
WHEREAS, the Recycling Processing Center license held by Strategic Materials, Inc. d/b/a Strategic Materials (SMI) for the premises located at 195 Minnehaha Avenue East in Saint Paul (License ID #20100003436) was the subject of a Notice of Violation and Notice of Intent to Suspend License on December 13, 2016; and

WHEREAS, the Notice stated the Department of Safety and Inspections (DSI) received repeated and continued complaints of dust and odor coming from the licensed premises which were substantiated by DSI Inspectors and nearby residential properties; and

WHEREAS, as a result of this third violation within the past eighteen (18) months, the licensing department recommended a $2,000.00 penalty and a ten (10) day suspension of their licenses; and

WHEREAS, on December 23, 2016, the City Attorney’s Office received a letter from the licensee’s attorney disputing the allegations and requesting an administrative hearing;

WHEREAS, a pre-hearing conference was held on June 9, 2017; and

WHEREAS, an administrative hearing was then scheduled for the week of December 11, 2017; and

WHEREAS, during the interim DSI and the City Attorney’s Office worked with the licensee and his attorney to come to a resolution of the matter; and

WHEREAS, on June 26, 2017 Deputy Director Niziolek and Licensing Manager Hudak toured the SMI facility and observed the changes and updates made by SMI management; and

WHEREAS, on June 29, 2017 an Amended Notice of Violation and Notice of Intent to Suspend License and Add Additional Conditions to License was sent to the licensee's attorney; and

WHEREAS, on August 29, 2017 a settlement was reached between the parties and a Final Settlement Agreement was sent to the licensee’s attorney for signature; and

WHEREAS, the terms agreed upon in the settlemen...

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