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File #: RES PH 20-12    Version: 1 Name:
Type: Resolution-Public Hearing Status: Passed
In control: City Council
Final action: 2/5/2020
Title: Considering and adopting the Recommendation and Order on Cross Motions for Summary Disposition submitted by the Administrative Law Judge concerning all licenses held by the University Club of St. Paul, d/b/a The Commodore at 79 Western Avenue North.
Sponsors: Dai Thao
Attachments: 1. Commodore Exhibit List, 2. 326B.133 Building Officals, 3. 1300.0030 Purpose and Application, 4. 1300.0110 Duties and Powers of Building Official, 5. 1300.0120 Permits, 6. 1300.0130 Construction Documents, 7. 1300.0140 Violations, 8. 1300.0150 Violations Penalty, 9. 1300.0210 Inspections, 10. 1300.0220 Certificate of Occupancy, 11. Sec. 33.02 State Building Code-Adoption, 12. Sec. 33.03- Permits- When required, 13. Sec. 33.09- Penalty, 14. Photos of western dining area with excercise equipment, 15. Survey prepared for John Rupp by Kemper & Assoc., 16. Photos of western dining area, 17. General Building Permit Application, 18. Building Permits Related to Main Dining Area and Western Dining area, 19. First set of plans Department believes respondent submitted, 20. Approved plans, 21. Engineering Documents, 22. Enlarged Toilet plans, 23. Stamps and Markings on plans, 24. Letter from Steve Ubl to John Rupp, 25. St. Paul Zoning Code Sec. 62.109 Nonconforming Use permits, 26. Email from Steve Ubl to John Rupp, 27. Information from DSI electronic files related to Perucca Fire Certificate of Occupancy inspection, 28. Emails between Steve Ubl and John Rupp, 29. Letter from Travis Bistodeau to John Rupp, 30. Sec. 61.102- Certificate of Occupancy, 31. Email from Larry Zangs to John Rupp, 32. Skradski Deposition pages 52 through 94, 33. Deposition of Jim Bloom, 34. Electrical Permits #2014-29872 and accompanying information in DSI files, 35. Sec. 61.901 Violations, 36. Minnesota Rules 1800.5000 through 1800.5900, 37. Inspector Ferrara- Inspection Notes and Photos, 38. Inspector Ferrara-inspector Notes and Photos 2, 39. DSI notes from General Building Permit # 12-017614, 40. Mike Palm Letter, 41. Mike Palm letter #2, 42. Permit 2015-157004 for Stairs respondent installed without permit, 43. Email from Jim Bloom to Jim Williamette, 44. ECLIPS printout with licenses, 45. 41-1, 41-2, 41-3 signature copy of Council RES # 18-512, 46. Deposition of John Skradski, 47. Deposition of James Williamnette, 48. Saint Paul Legislative Code Sec. 61.203- Board of Zoning Appeals, 49. Saint Paul Legislative Code Sec. 61.702- Appeals to City Council, 50. Saint Paul Legislative Code Sec. 61.704- Orders, 51. Email from John Rupp to John Miller, 52. License Query, License Group Comments Text and License Group Conditions Text from ECLIPS System, 53. Deposition of Mike Palm, 54. Saint Paul Legislative Code Sec. 409.08- Regulation Generally, 55. Saint Paul Legislative Code Sec. 310.05- Hearing Procedure, 56. Saint Paul Legislative Code Sec. 310.06- Revocation, Suspension, adverse actions, imposition of conditions, 57. Fire Certificate of Occupancy Request and Responses, 58. Correspondences between Respondent and the Department of Safety and Inspections related to summit fire report, 59. Section 40.01 and 40.02 of SPLC for Fire Certificate of Occupancy, 60. Plans for Excercise Room 1987 and permit card and inspector's notes for Excercise Room, 61. Plans for Excercise Room 1987 and permit card and inspector's notes for Excercise Room Cont., 62. Minnesota State Building Code Administrative Rule 1300.0230- Board of Appeals, 63. Sewer Availabilty Charge documents and determinations, 64. January 19, 2017 Notice of Violation and intent to impose License Conditions with attachments and Affidavit of Service, 65. January 27, 2017 Email and attachment from licensee John Rupp requesting a hearing before an Administrative Law Judge, 66. City Exhibit 63-ECLIPS printout current license information, 67. Recommendation and order on Cross Motion for Summary Disposition from ALJ, 68. Request that count number 7 be dismissed, 69. Invoice from OAH and Depositions, 70. Licensee Attachment 1 - Cover Letter, Table of Contents, Affidavits and Memoranda, 71. Licensee Attachment 2 - Exhibits 1, 72. Licensee Attachment 3 - Exhibits 2
Title

Considering and adopting the Recommendation and Order on Cross Motions for Summary Disposition submitted by the Administrative Law Judge concerning all licenses held by the University Club of St. Paul, d/b/a The Commodore at 79 Western Avenue North.

Body

WHEREAS, the licenses held by the University Club of St. Paul d/b/a The Commodore (“Licensee”) for the premises located at 79 Western in Saint Paul (“Licensed Premises”) were the subject of a Notice of Violation and Intent to Impose License Conditions (“NOV”) on January 19, 2017, herein incorporated by reference as Exhibit 61; and

WHEREAS, the NOV outlined the basis for the recommendation for adverse action and imposition of license conditions; and

WHEREAS, the NOV further stated “Please note: If you choose an administrative hearing, the Department of Safety and Inspections reserves the right to request that the City Council impose the costs of this administrative hearing, per Saint Paul Legislative Code §310.05(k); and

WHEREAS, Saint Paul Legislative Code §310.05(k) allows for council to impose the costs of an administrative hearing stating:

“The council may impose upon any licensee or license applicant some or all of the costs of a contested hearing before an independent hearing examiner. The costs of a contested hearing include, but are not limited to, the cost of the administrative law judge or independent hearing examiner, stenographic and recording costs, copying costs, city staff and attorney time for which adequate records have been kept, rental of rooms and equipment necessary for the hearing, and the cost of expert witnesses. The council may impose all or part of such costs in any given case if (i) the position, claim or defense of the licensee or applicant was frivolous, arbitrary or capricious, made in bad faith, or made for the purpose of delay or harassment; …”

WHEREAS, the Licensee responded to the NOV with a request for a hearing before an Administrative Law Judge in an em...

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