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00-950oR«iNA� Sv.�os�:�'�.�L - O�fi. �\, �000 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Council File # Q p�'95 Q GreenSheet# (OGdrl� Committee: Date RESOLVED, that the auto repair garage license held by Steve's Auto Body St. Paul, Inc., d/b/a Steve's Auto Body St. Paul, is hereby denied, based upon his failure to comply with the conditions set forth on his license. 4 5 FURTHER RESOLVED, that the findings of fact, conclusions of law and memorandum 6 contained in the ALJ Report in this case, dated August 31, 2000, are expressly ratified and 7 adopted as the written fmdings and conclusions of the Council in the matter, with the following 8 amendments: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1. A new Finding of Pact No. 18 is hereby adopted to read as follows: "18. Efforts b�LIEP staff to monitor compliance with the conditions on Mr. Hakala's license have required an excessive use of staff time, and have not succeeded in brinQin¢ the �ronertv into compliance with the conditions." 2. A new Finding of Fact No. 19 is hereby adopted to read as follows: "19. The licensee will not be able to com�ly with the conditions relatin� to outside stora�e at this location because of space limitations." This Resolution is based on the record of the proceedings before the Administrative Law 7udge, inciuding the hearing on 7uly 18, 2000, the documents and e�ibits introduced therein, and the deliberations of the Counci] in open session on September�5; 2000. i�7 1 2 A copy of this Resolution, as adopted, shall be sent by first class mail to the 3 Adminisirative Law Judge and to the Licensee. ORIGINAL Requested by Department of: By: App. By: By: Foxm Approved by City Attorney By: Approved by Mayor for Submission to Council By: Adopted by Council: Date l�''S \\. 1Q�D .�`- Adoption Certified by Council Secretary n.. QGEf D�Af2TMINTlOFFICElCOUNCIL DATEWrtNTED - �� ' •— _ ci Attorne October4 2000 GREEN SHEET No 106074 CONTACT P92SON & RqNE � InxbYO�b, NmYlOab VirginiaPalmer 266-8710 ,�,,,,,,, p,,.� MUST BE ON COUNCILAGEI�VI BY (p4T� October ll, 2000 - Consent AE° �" xu�etson rnr.,,onar arrmuc aouretc artnv� � w�wr�tuxwusuc wwew�ac�acara " ❑rn+w�roR�*+sown ❑ TOTAC # OF SIGNANRE PAGES (CLJP ALL LOCATIONS FOR SIGNATURE) criorr REauESTm Memorializing the decision of the City Council revoking the Auto Body Repair Garage License held by Steve's Auto Body St. Paul, Inc., dba Steve's Auto Body St. Paul, 1196 East 7th Street. (Public hearing held September 27, 2000) RE MMENDATI ApplOVO A) Of ROJBM () PERSONALSERVlCE CONiRAC75 MUSTANSWER 7HE FOLLOMlIN6 QUESiIOIiSe 1. HasihieP��everxot�ceduMwacaOraetSartYircdepaAmeN? PLANNING CAMMISSION YES NO CIB COMMI7TEE 2. ties ihis pereoNGrm ever bean a dty empoyee4 CML SERVICE COMMISSION v6 NO 3. Ooec thie P�rm Pweea� a sltill rwt riormal�YP�aessed M anY curteM cilY emPbY�7 YES NO 4. la thia pe�eorvRrm a tar0etad vendaR YES NO � Fxqain dl 1� �xers on eeP�e shee� a� aGach b preen she� INITIATING PROBLEM ISSUE, OPPORNNI7Y (Wlw, Whet, When, Where, Why) ADVPNTAGESIFAPPROVED . - , . �✓�Sl��°'s's �°u�`2a'��`..,°1 v�;lt.Fi� ��&�� DISADVANTAGES IF APPROVED DISADVAMAGES IF NOT APPROVED TOTAL AMOUN70F TRANSACT�ON S COST/ItEVDlUE BUD6ETm (GRCLE ONh7 YES NO FUNDIN6 SOURCE ACTNRV NUF�ER FlWWCW. WFORMAiION (IXPWNj ORIGINAL RESOLUTION CTTY OF SAINT PAUL, NIINNESOTA Presented By Referred To Council File # 00 � 9 $ O Cneen Sheet # � - � t-f I lq Committee: Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RESOLVED, that the auto repair garage license held by Steve's A o Body St. Paul, Inc., d16/a Steve's Auto Body St. Paul, is hereby denied, based upon his ailure to comply with the conditions set forth on his license, and a fine of $1,000 is imposed, pon the licensee. FURTHER RESOLVED, that the fmdings of fact, contained in the ALJ Report in this case, dated August 31, adopted as the written findings and conclusions of the Cou amendments: l. A new Finding of Fact No. 18 is hereby � 2. A new Finding of Fact No. 19 is m m This Resolurion is based o the record of the proceedings before the Admuustrative Law Judge, including the hearing on ly 18, 2000, the documents and e�ibits introduced therein, and the deliberations of the Co cil in open session on September a�, 2000. �bns of law and memorandum �re expressly ratified and the matter, with the following to read as follows: n adopted to read as follows: 1 2 3 A copy of this Resolution, as adopted, shall be sent by first class mail to the ��'� � Administrative Law Judge and to the Licensee. ORIvfNAL Requested by Department of: By: Form Approved by City Adopted by Council Adoption / Date by Council Secretary By: Approved by Mayor for Submission to Council Hy: ay: Approved by Mayor: Date By: CIT'Y OF SAINT PAUL Nnrm Coleman, Mayor September 7, 2000 Steven Hakala Steve's Auto Body 1196 E. 7"' Street Saint Paul, Minnesota 55106 NOTICE OF COUNCIL HEARING SEP 0 7 2000 RE: Auto Body Repair Garage License Held by Steve's Auto Body St. Paul, Inc. d/b/a Steve's Auto Body, for the premises at 1196 E. 7`� Street License ID #: 19980000406 Dear Mr. Hakala: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned license has been scheduled for 5:30 p.m., Wednesday, September 27, 2000, 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 time during normal business hours. You may also present oral or written argument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law 7udge 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 @iscretion. Sincerely, v � ��✓�w'� Virgima� r Assistant City Attomey cc: Steven Hakala, 1204 East 7"' Street, St. Paul, MN 55106 Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP John Vaughn, Community Organizer, Dayton's Biuff District 4 Community Council, 281 Maria Ave., St. Paul, MN 55106 OFFICE OF THE CTTY ATTORNEY C/ayma M. Robinson, Jr., Ciry Atmrnry L1 � - r Civil Division 400 Ciry Hall IS Wesr Kellogg BZvd. Saint Paul, Minnuota 55102 ��—`fsa Te[ephone: 65! 266-8710 Fncsimile: 651298-56I9 Go�Er!c� Rgse�rch Cer,ter eb -� �a 6-2111-12951-3 STATE OF MINNESOTA OFFICE OFADMINISTRAT(VE HEARiNGS FOR THE SAINT PAUL CITY COUNCIL In the Matter of the Auto Body Repair Garage License held by Steve's Auto Body St. Paui Inc., dba Steve's Auto Sody St. Paul FINDINGS OF FACT CONCLUSIONS OF LAW RECOMMENDATION AND MEMORANDUM This matter was heard by Allan W. Kiein, Administrative Law Judge, on the morning of July 18, 2000 in the St. Paul City Hal(. Appearing on behalf of the City of Saint Pau1 and its O�ce ofi License, Inspecfions and Environmental Protection was Virginia D. Palmer, Assistant Cify Attorney, 400 City Hail, 15 W. Kellogg Bouievard, St. Paul, Minnesota 55102. Appearing on behalf of Steve's Auto Body St. Paui Inc. was Steve Hakala, 1204 E. 7 Street, St. Paul, Minnesota 55106. Mr. Hakala appeared without benefit of counsel. The record closed at the end of the hearing on July 18, 2000. NOTICE Nofice is hereby given that this Report is a recommendation, not a final decision. The Saint Paui City Councii will make the final decision after review of fhe record. The City Council may adopt, reject, or modify these Findings of Fact, Gonclusions, and Recommendations. Under Section 310.05(c)(c-1) of the City's Legisiative Code, the City Councii will provide the applicant fhe opportunity to present oral or written argument to the City Council before it takes finai action. Parties shouid contact the St. Paul City Council to determine the procedure for filing exceptions or presenting argument to the Council. STATEMENT OF iSSUE Has Steve's Auto Body violafed the conditions of i{s license so as to warrant disciplinary acfion by the Cify Councii? Based upon all of the proceedings herein, the Administrative Laµi Judge makes the following: dG -q5o FINDINGS OF FACT 1. Steve's Auto Body St. Paul is located at 1196 E. 7 Street in St. Paul. If has been in operation there for approximately iwo and one ha�f years (2 '/z) years. it is in the business of aufo body repair, primarily the fields of fixing wrecks (both smail and large), along with associated work such as rusi removal, and painting. 2. The premises af 1196 E. 7 Street are owned by a Roy Berger. He occasionaily helps Mr. Hakala, but he is not a partner or an investor +n the business. It is anticipated fhat Mr. Nakala will buy the building from Mr. Berger around the end of the year. Mr. Hakala has been renting the front of the building and ihe inside of the building from Mr. Berger. The building is small, housing only 5 stalls, one of which is used by Berger. 3. On November 23, 1998, the City Council approved Hakala's license application but imposed conditions upon the license. The condition at issue in this Hearing read as fo�lows: "There shali be no exterior storage ofher than the parking of customer/employee vehicles". 4. On September 13, 1999, Senior Inspector Kris Schweinler wrofe a letter to Hakala, indicating that he was not in compliance with a number of conditions, including the condition that there be no exterior storage. He was given until September 30, 1999 to comply. 5. On October 28, 199�9, the City Attorney's Office issued a notice of violation for failure to comply with license conditions. AA of this cu{minated on January 12, 2000, when the Council passed CF 00-34, imposing a$500 fine and ciosure of Steve's for fifteen (15) days with an additional fifteen (15) days stayed so long as the Licensee had no more violations for eighteen (18) months. The properly was to be cleaned up within seven (7) days of passage of fhe resolution. Results of this Council action were formally served on Steve's on January 27, 2000. The business was to be closed between February 2 and February 16, 2000, and the $500 fine was to be paid by February 11, 2000. The busin�ss was, in fact, closed befi�veen Februay 2 and February 16, 2000, and the $500 fine was paid on February 11, 2Q0�. 6. On February 17, 2000, Inspectos Schweinier inspeeted the faci{ity and took photographs� The photographs show a total of 9 cars or trucks parked in the parking area in front of the building. One ofi the trucks is a pick-up truck with a tarpaulin over the back box. In the winter, it is used to plow snow. It is also used fo store tools ' Photographs are in evidence as City's Exhibit 6A-6F. �0-qs ihat used fo belong to Hakala's fafher. Behind the building fhere was an inoperable vehicle and a biue/green tow truck on one side of the back fot? 1n the center of the back lot, up against the building, were pieces of scaffolding, one of which had wood stacked on top of it On the ieft side of the back lot are a whife car (which appears to have been recently driven), a utility trailer with material inside of if, and another truck which had not been recently driven. 7. On March 2, 2000, Schweinler returned to view the premises again. The firont parking lot was again fiull. in addifion to the 8 cars and frucks there, a chassis (with axles and 4 wheels attached) was sitting between some parked cars and the sidewalk. In the back, the scaffolding now held even more debris, and the same vehic{es, the inoperable car and the bfue tow truck, were on the right side of the lot, in the same locations as they had been on February 17. In front of them, and blocking their movement, was now a rusted old (late 1940's?) car whose front panei had been removed exposing the engine. On the left hand side of the back lot, the white car and the other truck appeared to be in the same position they had been on February 17. 8. On March 7, 2000, Schweinier transmitted the pictures from February 17, and March 2, 2000 to the City Attorney's Office, Schweinler noted fhat Steve's had "cleaned out a great dea4" but believed fhat they were still in violation of the outdoor storage of parts and inoperabie vehicles. 9. On March 17, 2000, Virginia D. Paimer, Assistant City Attorney, informeci Mr. Hakala that, despite the fact that he had done "a lot of cleaning up", there were stiil vialations of conditions re4ated to no oufdoor storage. She informed Hakaia that it was extremely important that this problem be remedied immediately, or else the City wouid have no option but to again recommend adverse action against his license. 10. On March 23, 2000, Inspecfor Schweinler again visifed the premises. ?here is no evidence with regard fo fhe condition of the front of the lot, but in the back of the lof, there had been no change. A photograph� taken on March 23 demonstrates the inoperable car and the truck on the right side of the lot, blocked in by the blue car. The scafFoid and the wood debris are still present. 11. On Aprii 4, 20fl0, inspector Schweinler informed the City Attorney's Office that Hakala was still nof in compliance with the conditions of his license, based on the March 23 inspection, and that she had toid a Leroy Bobick (who she spoke with on March 23, and who claimed to be a partner of Hakala's) that there could be no outdoor Z This tow truck belongs to Mr. Berger. 3 The scaffolding and the wood belong to Mr. Berger. 4 This white car is a customer's car which came in for repairs, some money was paid and some work done, but the work stopped until more money was paid. It was finally removed in mid-dune. 5 This chassis was part of a restoration job. The body of the car was taken off of the chassis and was being worked o� (nside fhe 6ui(ding. The chassis was ieft outside for about one month. 6 Exhibit 5. 7 Attached to Cify Exhibif 9. oo_qso storage of anything and no parts being stored in inoperable vehicies, and that fhey were not in compiiance and she would be ouf again to check on their progress 9 On April 28 Schweinier again re-inspected fhe premises, and determined that they were still not in compliance. She noted "junked cars and parts in front and back."' 12. On May 17, fhe CityAttorney notified Hakala that LIEP had recommended adverse acfion against the license based upon fhe violation of the license condition that there be no exterior storage on the properfy ofher than the parking of customer and/or employee vehicles.�� 13. On May 24, Hakala responded, indicating that all of the vehicles stored on the premises were either customer or employee vehicles. Hakala indicated that the truck and one car belonged to the owner of the property, Roy Berger, and are licensed to that address. He went on to expiain: It is virtuaily impossibie for a buiiding this smali to store ali parts for damaged vehicies inside al4 day {ong u�hi{e working on such vehicles. We have Senior Inspectors go by many times. They aiways come by during the day, when we are or had been working on vehicles outside. We have a guy who comes by once a week to pick up junk parts. The parking lots have been cleaned and free of any junk parts many times.' 14. Following some other procedural correspondence, a Notice of and Hearing was issued on June 22, setting a hearing for Jufy 18, 2000. The Hearing took place on that date. 15. On July 13, 2000, �Inspector Schweinler returned to the property one last time. She took no photos of the front of the property, but did take photos of tfie back area. On the right hand side of the back area, fhe inoperable car with the flat tire is gone, but the tow truck is still evident. Between the tow truck and the back of the property was a washer and dryer. In the center of the back area was a 55 gallon drum with debris in it, plus approximately 12 tires. Some of the tires were piled on top of each other, but others were lying around at random. There was a bright blue plastic one- qua�i oil container (or similar plastic cantainer) inside one of tne tires, and there were strips of insulation (or perhaps brake lining) lying in the lof. On the leff side of the lot was a large white piece of sheet metal, and ofher unidentified debris. $ This car, which has been presenf in ali of the photographs, has a fiat tire which has been flat from February 17 to at least March 23. 9 Exhibit 9. 10 Exhibit 10. " Exhibit 11. 12 City Exhibit 12. ao _gso 16. At the time of the March visit and af the time of the July visit, there was a large (approximately 4 x 6 foot square} piece of white sheet metal stored outside the building, in the back. This sheet mefal was a part which was to be used in the restoration ofi the trunk ofi the white car. 17. LIEP is recommending fhat fhe Council suspend the license for an additional 30 days, liftthe stay of imposition on the 15 days stiil pending firom the first Council action, and impose a fine of $1,000. LIEP believe fhat imposing fhis increase � penaity on Hakala is necessary in order to "gef his attention" and get him to take whatever actions are necessary to stay within fhe condition of his {icense. 18. When fhe Ciiy issued the Notice of Hearing on June 23, 2000, it sent a copy to John Vaughn, the Community Organizer for District �4 Community Council (Dayton's Bluff}. On July 12, 2000, the Administrafive Law Judge received a letter from Mr. Vaughn on behalf of the Gommunity Council's Board of Directors. The letter sets forth the history of conditions, suspension and fine. It concludes with a recommendaiion that the facility be permanently closed. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the follawing: CONCLUSIONS 1. The St. Paui City Council and fhe Adminisfrative Law Judge have jurisdiction in this matter pursuant to Section 310.05 of the St. Pau1 Legislative Code and Minn. Stat. § 14.55 (1998). : 2. The City has given proper notice of the hearing in this matter and has fulfilled all relevant, substantive and procedural requirements of law or rule. 3. The City bears the burden of proving, by a preponderance of the evidence, that adverse action is warranted with respect to the Licensee's Aufo Repair Garage License. 4. Chapier 310 of the St. Paui Legls(ative Gode contains general provisions relating to licenses issued by the City. Section 310.06(b)(5) provides that adverse action may be taken when "[t]he licensee or applicant has failed to comply with any condition set forth in the license, or sef forth in the resolution granting or renewing the license." Adverse action is defined in Section 310.01 fo include fines, imposition of conditions, suspensions of a license, or revocafion of a license. 5. The City demonstrated, by a preponderance of the evidence, that the licensee failed to compiy with the conditions set forfh in Council Fife #Op-34, as amended. Specifically, the City showed fhat the Licensee stored wood, parts, inaperab{e vah+cies, frash and other debris on the exterior of fhe property. 00 -�Ls� Based upon the foregoing Conclusions, the Administrative Law Judge makes fhe following: RECOMMENDATION The Administrafive Law Judge HEREBY RESPECTFULLY RECOMMENDS fhat the Councii takes ADVERSE action against the License of Sfeve's Auto Body St. Paul, Inc., d/b/a Steve's Auto Body. Dated this �( S� day of August 2000. Reported: Taped C�`t� � . �`•r-�" ALLAN W. KLEfN Administrative Law Judge MEMORANDUM The real problem here is that Mr. Hakala needs much more space for his style of operation. He needs to either move to a larger building, rent additional storage space elsewhere, enlarge the buiiding, or build a storage shed. Such actions are needed to compiy with the Ciiy Council's conditions. The amount of space inside fhe buifding is simply inadequate, and the solution used fo date, to store things outside the building, is exactly what the City Council was trying to avoid. Although Mr. Hakala has improved the condition of the property signi icantly over th2 past few months, if would appear that some sort of major ct�ange is necessary if he is going to comply witn the Councii's conditions and continue in business. oa -`�S`� STATE OF MINNESOTA OFFICE OF AD1ViINISTRATIVE HEARTNGS 100 Washington Square, Suite 1700 700 Washington Avenue South Minneapofis, Minnesota 55401-2135 August 31, 2000 ry p "�..p..r��. (' .�n+? ♦ b6Y:.�MY. I�`n.dvG� t �...i�i..! Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, MN 55102 �6� � P7 L�� RE: In the Matter of the Auto Body Repair Garage License held by Steve's Auto Body St. Paul inc., d/b/a Steve's Auto Body St. Paul; OAH Docket No. 6-2111-12951-3 Dear Mr. Owusu: Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conciusions of Law, Recommendation and Memorandum in the above-entitled matter. Also, enclosed is the officiai record, with the exception of the tape recording of the hearing which will be sent to you under separate cover. If you would like a transcript, please contact our office in writing or telephone (612) 341-7642. Our file in this matter is now being closed. Sincerely, C�.�,�2� � `�,�;�/�- ALLAN W. KLE1N Administrative Law Judge Telephone: 612/341-7609 AWK:aws Enclosures cc: Visginia D. Palmer Steve Hakala �tE�EIYCi� �EP � 1 2D00 CfTY CLERK Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section &Administrative Services (612) 341-7600 eTTY No. {612) 341-7346s Fax No. (612) 3494665 do-5�o STATE OF MINNESOTA) ) ss COUNTY OF HENNEPiN) AFFIDAVIT OF SERViCE BY U.S. MAiL Debra S. Aws, being first duly sworn, hereby deposes and says that on the 31 day of August, 2000, at the City of Minneapolis, county and state aforementioned, she served the attached Findings of Fact, Conclusions of Law, Recommendation, and Memorandum; Docket No. 6-2111-12951-3 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properiy enveloped, with first class postage prepaid and addressed to the individuals named herein. Fred Owusu, City Cierk 170 City Hall 15 West Keliogg Boulevard St. Paul, MN 55102 Steve Hakala 1204 E. 7 Street St. Paul, MN 55106 Virginia D. Palmer Assistant City Attomey Office of License Inspections and Environmental Protection 400 City Half 15 W. Kellogg Boulevard St. Paul, MN 55102 �.u,��.a� Debra S. Aws Subscribed and sworn to� me this � I sf day of h-lk�t US� 2000. " l.J � ��-�. - ,�� Notary blic # �°°`•. CYNTHiAA. RINGDAN� norun rueuc - �T� 4 • MY CAMMISS40N IXPlRES �� JANUARY 31.2Q05 ao-�so 6-2111-12951-3 STATE OF MiNNESOTA OFFICE OF ADMINIST4�ATIVE NEARINGS FOR THE SAINT PAUL CITY COUNCIL In the Matter of the Auto Body Repair Garage License held by Steve's Auto Body St. Paui inc., dba Steve's Auto Body St. Paul FINDINGS OF FACT. CONCLUSIONS OF LAW. RECOMMENDATION AND MEMORANDUM This matter was heard by Allan W. Klein, Administrative Law Judge, on the morning of July 18, 2�� in the St. Paul City Hall. Appearing on behalf of the City of Saint Paul and its Office of License, Inspections and Environmental Protection was Virginia D. Palmer, Assistant City Attorney, 400 City Hail, 15 W. Kellogg Boulevard, St. Paui, Minnesota 55102. Appearing on behalf of Steve's Auto Body St. Paul Inc. was Steve Hakala, 1204 E. 7 Street, St. Paul, Minnesota 55106. Mr. Hakala appeared without benefit of counsel. The record ciosed at the end of the hearing on July 18, 2000. NOTICE Notice is hereby given that this Report is a recommendation, not a frnal decision. The Saint Paul City Council wiil make the final decision after review of the record. The City Council may adopt, reject, or modify these Findings of Fact, Conclusions, and Recommendations. Under Section 310.05(c)(c-1) of the City's Legislative Code, the City Council will provide the appficant the opportunity to present oral or written argument to the City Council before it takes final action. Parties shou(d contact the St. Paul City Council to determine the procedure for filing exceptions or presenting argument to the Council. STATEMENT OF ISSUE Has Steve's Auto Body violated the conditions of its license so as to warrant d'+sciplinary action by the City Council? Based upon ail of the proceedings herein, the Administrative Law Judge makes the following: � � � ASO F1NDiNGS OF FACT 1. Sfeve's Auto Body St. Paul is located at 1196 E. 7 Street in St. Paul. It has been in operation there for approximately iwo and one half years (2 %) years. It is in the business of auto body repair, primarily the fields of fixing wrecks (both small and large), along with associated work such as rust removai, and painting. 2. The premises af 1196 E. 7 Street are owned by a Roy Berger. He occasionally helps Mr. Hakala, but he is not a partner or an investor in the business. It is anticipated that Mr. Hakala will buy the building from Mr. Berger around the end of the year. Mr. Hakala has been renting the front of the building and the inside of the building from Mr. Berger. The bvilding is smali, housing oniy 5 stafis, one of which is used by Berger. 3. On November 23, 1998, the City Council approved Hakala's license application but imposed conditions upon the license. The condition at issue in this Hearing read as foliows: "There shall be no e�erior storage other than the parking of customer/employee vehicles". 4. On September 13, 1999, Senior Inspector Kris Schweinler wrote a letter to Hakala, indicating that he was not in compliance with a number of conditions, including the condition that there be no e>cterior storage. He was given until September 30, 1999 to compiy. 5. On October 28, 1999, the City Attorney's Office issued a notice of violation for failure to compiy witfi license conditions. All of this culminated on January 12, 2000, when the Council passed CF 00-34, imposing a$500 fine and ciosure of Steve's for fifteen (15) days with an additional fifteen (15) days stayed so long as the Licensee had no more violations for eighteen (18) months. The property was to be cieaned up within seven (7) days of passage of the resolution. Results of this Councii action were formally served on Steve's on January 27, 2000. The business was to be closed between February 2 and February 16, 2d00, and the $500 fine was to be paid by Febsuary 11, 2000. The business was, in fact, closed between February 2 and February 16, 2000, and the $500 fine was paid on February 11, 2000. 6. On February 17, 2000, Inspector Schweinler inspected the facility and took photographs' The photographs show a total ofi 9 cars or trucks parked in the parking area in front of the bui{ding. One of the trucks is a pick-up truck wifh a tarpaufin over the back box. In the winter, it is used to plow snow. lt is also used to store too4s ' Photographs are in evidence as City's Exhibit 6A-6F. �� So that used to belong to Hakala's father. Behind the buiiding there was an inoperable vehicle and a biue/green tow truck on one side of the back Iot. In the center of the back lot, up against the building, were pieces of scaffolding, one of which had wood stacked on top of if. On the left side of the back lot are a white car (which appears to have been recently driven),` a utility trailer with material inside of it, and another truck which had not been recently driven. 7. On March 2, 2000, Schweinier returned to view the premises again. The front parking lot was again fuil. In addition to the 8 cars and trucks there, a chassis (with axles and 4 wheels attached) was sitting between some parked cars and the sidewalk. In the back, the scaffoiding now held even more debris, and the same vehicles, the inoperable car and the blue tow truck, were on the right side ofi the lot, in the same locations as they had been on February 17. In front of them, and blocking their movement, was now a rusted old (late 1940's?) car whose front panel had been removed exposing the engine. On the left hand side of Yhe back lot, the white car and the other truck appeared to be in the same position they had been on February 17. 8. On March 7, 2000, Schweinler transmitted the pictures from February 17, and March 2, 2000 to the City Attorney's Office. Schweinier noted that Steve's had "cleaned out a great deal" but believed that they were stiil in violation of the outdoor storage of parts and inoperable vehicies 6 9. On March 17, 2000, Virginia D. Palmer, Assistant City Attorney, informed Mr. Hakala that, despite the fact that he had done "a lot of cleaning up", there were stili violations of conditions related to no outdoor storage. She informed Hakala that it was extremely important that this problem be remedied immediately, or else the City woufd have no option but to again recommend adverse action against his license. 10. On March 23, 2000, Inspector Schweinier again visited the premises. There is no evidence with regard to the condition of the front of the lot, but in the back of the lot, there had been no change. A photograph'taken on March 23 demonstrates the inoperable car and the truck on the right side of the lot, blocked in by the blue car. The scaffold and the wood debris are still present. 11. On April 4, 2000, Inspector Schweinler informed the Gity Attorney's Office that Hakala was still not in compliance with the conditions of his license, based on the March 23 inspection, and that she had toid a Leroy 8obick (who she spoke with on March 23, and who claimed to be a parkner of Hakala's) that there could be no outdoor 2 This tow truck belongs to Mr. Berger. 3 The scaffolding and the wood belong to Mr. Berger. ° This white car is a custome�'s car which came in for reQairs, some money was paid and some work done, but the work stopped until more money was paid. It was finally removed in mid-June. 5 This chassis was part of a restoration job. The body of the car was taken off ofi the chassis and was being worked on inside the building. The chassis was Ieft outside for about one month. 6 Exhibit 5. ' Attached to City Exhibit 9. aa—qSo storage of anything and no parts being stored in inoperabfe vehicles, and that they were not in compliance and she wouid be out again to check on their progress. On April 28 Schweinler again re-inspected fhe premises, and determined that they were stiil not in compliance. She noted junked cars and parts in front and back."' 12. On May 17, the City Attorney notified Hakala tfiat LfEP had recommended adverse action against the license based upon the violation of the license condition that there be no exterior storage on the property other than the parking of customer and/or empioyee vehicles.�� 13. On May 24, Hakala responded, indicating that all of the vehicles stored on the premises were either customer or employee vehicles. Hakala indicated that the truck and one car belonged to the owner of the property, Roy Berger, and are licensed to that address. He went on to explain: It is virtually impossible for a building this small to store ail parts for damaged vehicles inside all day long while working on such vehicles. We have Senior inspectors go by many times. They always come by during the day, when we are or had been working on vehicles outside. We have a guy who comes by once a week to pick up junk parts. The parking {ots have been cleaned and free of any junk parts many times.' 14. Foflowing some other procedural correspondence, a Notice of and Hearing was issued on June 22, setting a hearing for July 18, 2000. The Hearing took place on that date. 15. On .luly 13, 20Qo, Inspector Schweinler returned to the property one last time. She took no photos of the front of the property, but did take photos of the back area. On the right hand side of the back area, the inoperable car with the flat tire is gone, but the tow truck is still evident. Between the tow truck and the back of the property was a washer and dryer. In the center of the back area was a 55 gallon drum with debris in it, plus approximately 12 tires. Some of the tires were piled on top of each other, but others were lying around at random. There was a bright blue plastic one- quart oil containes (or similar plastic container} inside one of the tires, and there were strips of insulation (or perhaps brake lining) lying in the lot. On the left side of the lot was a large white piece of sheet metal, and other unidentified debris. 8 This car, which has been present in all of the photographs, has a flat tire which has been flat from February 17 to at least March 23. 9 Exhibit 9. t0 Exhibit 10. " Exhibit 11. t2 City Exhibit 12. 0a-�so 16. At fhe time of the March visit and at the time of the July visit, there was a large (approximately 4 x 6 foot square) piece of white sheet metal stored outside fhe building, in the back. This sheet metal was a part which was to be used in fhe restoration of the trunk of the white car. 17. LIEP is recommending that the Council suspend the license for an additional 30 days, lift the stay of imposition on the 15 days stili pending from the first Cour+ci4 action, and impose a fine of $1,000. LIEP believe that imposing this increase penalty on Hakala is necessary in order to "get his attention" and get him to take whatever actions are necessary to stay within the condition of his license. 18. When the City issued the Notice of Hearing on June 23, 2000, it sent a copy to John Vaughn, the Community Organizer for District #4 Community Council (Dayton's Bluffl. On July 12, 2000, the Administrative Law Judge received a letter from Mr. Vaughn on behalf of the Community Council's Board of Directors. The letter sets forth the history of conditions, suspension and fine. It concludes with a recommendation that the facility be permanently closed. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The St. Paul City Council and the Administrative �aw Judge have jurisdiction in this matter pursuant to Section 310.05 of the St. Paul Legislative Code and Minn. Stat. § 14.55 (1998). 2. The City has given proper notice of the hearing in this matter and has fulfilled all relevant, substantive and procedural requirements of law or rule. 3. The City bears the burden of proving, by a preponderance ofi the evidence, that adverse action is warranted with respect to the Licensee's Auto Repair Garage License. 4. Chapter 310 of the St. Paui Legislative Code contains general provisions relating to licenses issued by the City. Section 310.06(b)(5) provides that adverse action may be taken when "[t]he licensee or applicant has failed to comply with any condition set forth in the license, or set forth in the resolution granting or renewing the license." Adverse action is defined in Section 310.01 to inciude fines, imposition of conditions, suspensions of a license, or revocation of a I+cense. 5. The City demonstrated, by a preponderance of the evidence, that the licensee fiailed to compiy with the conditions set forth in Council File #00-34, as amended. Specifically, the Gity showed that the Licensee stored wood, parts, inoperable vehicles, trash and other debris on the exterior of the property. ao-qsv Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATfON The Administrative Law Judge HEREBY RESPECTFULLY RECOMMENDS that the Council takes ADVERSE action against the License of Steve's Auto Body St. Paul, Inc., d/b/a Steve's Auto Sody. Dated this �� S� day of August 2000. C,��- � . �`-��"- ALLAN W. KLEIN Administrative Law Judge Reported: Taped MEMORANDUM The real problem here is that Mr. Hakala needs much more space for his style of operation. He needs to either move to a larger building, rent additional storage space elsewhere, enlarge the building, or build a storage shed. Such actions are needed to comply with the City Council's conditions. The amount of space inside the building is simply inadequate, and the solution used to date, to store things outside the building, is exactly what the City Councii was trying to avoid. Although Mr. Hakaia has improved the condition of the properry significantiy over the past few months, it would appear that some sort of major change is necessary if he is going to comply with the Council's conditions and continue in business. � � � �- � � -q5o OFFICE OF ADNIINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PACJL In Re The Auto Body Repair Garage License Held By Steve's Auto Body St. Paul d/b/a Steve's Auto Body St. Paul July 18, 2000 CITY'S PROPOSED EXHIBITS TO: Judge Allan W. Klein, Administrative Law Judge, Office ofAdministrative Hearings, 100 Washington Squaze, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list of the City's proposed e�ibits for the Administrative Hearing on July 18, 2000. Exhibit No. E�. No. 1 E�. No. 2 Exh. No. 3 Exh. No. 4 E�. No. 5 E�. No. 6 E�. No. 7 Exh. No. 8 Description License Information Report, printed July 14, 2000 (1 p.); License Conditions for Steve's Auto Body St. Paul, printed Apri15, 2000 � P•)� License Comments, printed Apri15, 2000 (1 p.); Notice ofLicense Suspension and Imposition ofFine, dated January 25, 2000, with attached resolution, Council File # 00-34 (2 pp.); Memo from Kris Schweinler to Ginger Palmer, dated March 7, 2000 (1 p.); 6 photographs taken February 17, 2000; 8 photographs taken Mazch 2, 2000; Letter from Virginia Palmer to Steven Hakala, dated March 17, 2000 (1 p.); 00 -`� Each. No. 9 E�.I3o.10 E�. No. 11 E�. No. 12 E�. No. 13 E�. No. 14 E�. No. 15 Memo from Kris Schweinler to Ginger Palmer, dated April 4, 2000, with attached photograph taken March 23, 2000 (2 p.); E-mail from Kristina Schweinler to Ginger Palmer, dated May 9, 2000 (1 p.); Notice of Violarion, dated May 17, 2000, with Affidavit of Service �� PP•); Letter from Steven Hakala, dated May 24, 2000, with attached work orders t PP•); Letter from Virginia Palmer to Steven Hakala, dated June 14, 2Q00 (1 p.); Notice of Hearing, dated June 22, 2000, with Affidavit of Service � PP•)> 4 photographs taken July 13, 2000. Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legisiative Code § 310.06 Respectfuliy submitted this 18h day of July, 2000. _`�Lt�' � (� v d� Virginial . Palmer Assistant City Attorney Office of The City Attorney 400 Ciry Hall 15 West Kellogg Boulevazd Saint Paul, Minnesota 55102 (651)266-8710 0 U 5 Q � d m � a, x r W p N I� O �- � O d V N m ,� � N a � _o �I O �' a a� Q1 N ' � w'> C U ,'+. O .J ,Q .� � O � � H � `m c�i —� J ��Q F � �,� � O m U O J Q 0 , ',� r <p n i�'o 2'.p a� , o Ic. 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V�isit our weTi s�te,�t:�w.daytonsbluff.org �,_ 3uly 12, 2000 Allan W. Klein Office of Adminisirative Hearings 100 Washington Square, Suite 1700 Nlinneapolis, MN 55401 RE: Auto Body Repair Garage License held by Steve's Auto Body, Inc. at 1196 E. 7`�` Street. City ID #: 19980000406 Dear Judge Klein: I am writing on behalf of the Dayton's Bluff community and at the request of the Dayton's B1uff District Four Community Council Board of Directors. Mr. Steve Hakala has proved himself to be an incorrigible scofflaw. He entered into an agreement with the City to abide by a perfectly reasonable set of conditions and has consistently broken this agreement. Even a recent 15 day closing and fine did not deter him from violating those condition almost immediately upon re-opening. If the conditions were too tough or somehow difficult to come into compliance with, it would be understandable. But they are not. His business is a blight upon a neighborhood that is working very hard to raise its standards of livability. We urge you to end his mockery of the conditions set forth in his licer_s? �.nd tc fr ?? tha r0?T�TLLn�h� frnII2 Y�:IS eIIfC�7Ce_TTlP^t Y�7^!'!1 3IIC1 2veSOTE �J}' CIOSI!lo Steve's Auto Body permanently. Thank you for your consideration. I can be reached at 651-772-2075. Sincerely, �- John Vaughn, Community Organizer Cc Councilmember Kathy Lantry Virginia Palmer, City Attomey ��a�r�i�as��Y�r �/ • ! ' � / t / / ! / I a��a��ii��a�i OFFICE ^F TFIE CITY ATTORi�TEY Ctaytort M binsnx� Jr., Cit}• Attarney CITY OF SAINT PAUL Norm Ca(emars, Mayor 7une 22, 2000 Steven Hakala Steve's Auto Body 1196 E. 7`h Street Saint Paul, Minnesota 55106 +• ' Y CtYlI DIVlSfOR 400 Ciry H¢I! IS West Kellogg Blvd. Saint Paul, Minnesoiu 5$J02 Tetephone: d57 26b-87I0 Faaimile: 651298-5619 NOTICE OF HEARING RE: Auto Body Repair Garage License Held by Steve's Auto Body St. Paul, Inc, d/b/a Steve's Auto Body, for the premises at 1196 E. 7` Sh License ID #: 19980000406 Dear Mr. Hakala: Please take notice that a hearing will be held at the following time, date and piace concerning all licenses for the premises identified above: Date: Tuesday, July 18, 2000 Time; 9:30 a.m, Place: Room 41 St. Paul City Hail 15 W. Kellogg Blvd. St Paul, NZN. 551�2 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Allan W. K1ein Office of Administrative Hearings 1�0 Washington Square, Suite 1740 Minneaoolis, MN. 55401 Telephone: 612-341-7609 ■ St. Paul d/b/a Steve's ALto Body St. Pau — City's Exh. No. 14 — _ QO —q5o The Council of the City of.,�nt Paul has the authority to provide for ,�earin�s concerning licensed premises and for adverse action against such licenses, under Chapter 310, includin� sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- intoxicatin� liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocarion, 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 follows: It is a condiiion of your license that there is to be no exterior storage on the property other than the parking of customer andlor employee vehicles. On January 12, 2000 the Saint Paul City Council took adverse action aga9nst your license based, in part, upon previous violations of this license condition. The Council resolution gave you one week to bring the property into compliance with the conditions on your license. On March 17, 2000 you were advised by a letter from the Saint Paui City Attorney's Office that the property was still not in compliance with the condition relating to outdoor storage, and that on ., February 17, and March 2, 2000, the license inspector had observed inoperable vehicies and outdoor storage on the lot. Again on April 28, 2000 the license inspector observed the premises and observed junk cars and parts on the lot in the front and back of the building, in violation of the conditions on your license. You have the right to be represented by an attomey before and during the hearing, or you can represent yoursel£ 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 sections 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. At the hearing, the Administrative Law Judge will have all parties identify themselves forthe record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each ofwhom the City's attomey may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either pariy 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. Concluding ar�uments may be made by the parties. Following the hearing, the 7udge wiil 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 �vitnesses or the Notice of Eiearing - Page 2 p o -`�So production of documents in _.,nformity with Minnesota Rules, part ��J0.7000. � If a stipulation or agreement can be reached as to the facts, that stipulation will be presenied to the Adininistrative Law 3udge for incorporarion into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challen�e the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as frue. If non- public data is received into evidence at the hearing, it may become public unless obj ection 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, � ucc�..� �.,��n � Virginia D. Palmer Assistant City Attorney cc: Nancy Thomas, Office of Administrative Hearings, 100 Washington Squaze, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LTEP John Vaughn, Community Organizer, Dayton's Bluff District 4 Community Council, 281 Maria Ave., St. Paul, MN 55106 Notice of Hearing - Page 3 a c� —QS� STATE OF �IINNESOTA COUNTY Or RAMSEY ss. AFF=DAV=T OF SERVICE BY MAIL JOANNE G. CLEMENTS, being firs� duly sworn, deposes and says that on June 23, 2000, she served the attached NOTICE OF HEARING upon the following named person placing a true and correct copy thereof in an envelope addressed as follows: Steven Hakala Steve's Auto Body 1196 H. 7` Street St. Paul, MN. 55106 (which is the last known address of same, with postage prepaid, in the Minnesota. Subscribed and sworn to before me this 23rd c�arv of ,3tme. 2000. Notary PETER P. PANGBORN NOTARY PUBLlC � MINNESOTA pqY f;qMMISSION EXC'iREB !4N. 31, 2005 said person) and depositing the � ' OFFICE OF THE CITY ATTORNEY Cf¢�ton M. Robinson, Jr.� Ciry Attorrcey CITY OF SAINT PAUL ;�� y �� cr�,t otvrs;on Norm Coleman, Mayor � �� ,�,: `' 400 Ciry Ha1f ��1 �'�„ ;_� r.li i� ISWestKelloggB[vd. Saint Paul� Minnuota S.i,102 ; .. �._.� ,�.;�G�� _ Jllile 22,� 2�� NOTICE OF HEARING Steven Hakala Steve's Auto Body 1196 E. 7"' Street Saint Paul, Minnesota 55106 � � Telephone: 657 266-8770 Facsimi(e: 657 298-5679 RE: Auto Body Repair Gaza�e License Held by Steve's Auto Body St. Paul, Inc. d/b/a Sfeve's Auto Body, for the premises at 1196 E. 7`� Street License ID #: 19980000406 Dear Mr. Hakala: Please take notice that a hearin� will be held at the following time, date and place concemin� all licenses for the premises identifed above: Date: Tuesday, July 18, 2000 Time: 9:30 a.m. Place: Room 41 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Jud�e from the State of Minnesota Office of Administrative Hearings: Name: Allan W. HIein Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-341-7609 �� Ofl �S"o ", The Council of the City of Saint Paul has the authority to provide for hearin�s conceming licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicatin� and non- into�cating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will bepresented to the jud�e which may lead to adverse action against all the licenses you hold at the above premises as follows: It is a condition of your license that there is to be no exterior storage on the property other than the parking of customer and/or employee vehicles. On January 12, 2000 the Saint Paul City Council took adverse action against your license based, in part, upon previous violations of this license condition. The Council resolution gave you one week to bring the property into compliance with the condifions on your license. On March 17, 2000 you were advised by a letter from the Saint Paul City Attorney's Office that the property was still not in compliance with the condition relating to outdoor storage, and that on ._ February 17, and March 2, 2000, the license inspector had observed ittoperable vehicles and outdoor storage on the lot. Again on April 28, 2000 the license inspector observed the premises and observed junk cars and parts on the lot in the front and back ofthe building, in violation of the conditions on your license. You have the right to be represented by an attomey before and during the hearing, or you can represent yoursel£ You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearin� will be conducted in accordance with the requirements ofMinnesota Statutes sections 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. At the hearing, the Administrative Law Judge will have all parties identify themselves forthe record_ The City will then present its witnesses and evidence, each of whom the licensee or attomey 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 attomey may cross-examine. The Administrative Law Judge may in addition heaz relevant and material testimony from persons not presented as witnesses by either party 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 proceedin�. Concluding arguments may be made by the parties. Foliowing the hearing the 7ud�e will prepare Findings of Fact, Conclusions of Lativ, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and �vitnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the Notice of Hearing - Page 2 � " (} t� -RSD production of documents in confomuty with Minnesota Rules, part 1400.7000. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Admuustrative Law 7udge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated eazlier in this notice may be taken as true. If non- public data is received into evidence at the hearin�, it may become public unless objection 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, a! P u,c c��.-r �n ,/ � Virginia D. Palmer AssisYant City Attorney cc: Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, M1V 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP John Vaughn, Community Organizer, Dayton's Bluff District 4 Community Council, 281 Maria Ave., St. Paul, MN 55106 Notice of Hearing - Page 3 OFFICE OF THE CITY ATTOIL�IEY Clayton M. Robrnson, Ja, Ciry Atrorney CITY OF SAiNT PALTL Norm Colem¢n, .Ntry�ar June 14, 2000 Steven Hakala Steve's Auto Body 1196 E. 7`" Street Saint Paul, MI�i 55106 ao -qsa CivilDivision 400 Ciry Ha11 1 i Wesi Ke11o� B(vd Saint Paul, Minnuota SSd 02 Te[ephorse: 65! 266-8710 Facsimite: 657 298-5619 RE: Auto Body Repair Gazage License Held by Steve's Auto Body St. Paul, Inc. dlbla Steve's Auto Body, for the premises at 1196 E. 7`h Street License ID #: 199800004Q6 Dear Mr. Hakala: On June 6, 2000 I received your letter dated May 24, 2000, which appears to be in response to the Notice of Violation dated May 17, 2000. The letter does not indicate whether you are requestin� a hearing before an administrative law judge, but because it seems to be disputing the allegations of the Notice of Violation, I am assuming that you do wish such a hearing. Please contact me no later that June 21, 2000 if you are not contesting the facts of the Notice of Violation and do not wish to have a hearing before an administrative law judge. If I have not heazd from you by that date, we will send you a Notice of Hearing with the allegations of violations which will be presented at the hearing, the date, time and place of the hearing and a brief description of the procedures which will be followed. Sincerely, � % /,/,9/iu-Gf: J Virginia D. Palmer Assistant City Attomey �� cc: Christine Rozek, Deputy Director of LIEP � St. Paul d/b/a Steve's Auto Body St. Pau —' City's Exh. No. 13 —' �`= z� - �� l 7 -r � l � c �;-'s c s �� rs c� s�o�-� = d x f / �ir�/�lpa/�� v�Li,`c�z't� _ �� ` /� �lilClOSrc(' l�dG GG�r`�i �� `i'� (�U�ljc Oi"c�c�'S ��% 7 G C c:1S �- i/ �� cl�S, ( `! � ! t"i v✓ �`. Glc � �Gi � c� i G� C�! � �� jo� K� �� .�.��- �:F �'�� P ,�o�z,-x y Q'? � !'l�G �rC �:: J�d/ �iD ��i,-�. t" QC�r'CYi �� ;s ��,��f ,��sS,��C �� l C r C �i �`- ��1 7 3 f' /.�i �� O �Q�z- !�" �� /'rlF �j" �� vr ¢ ti9q�� r< l� G GJ r `c �c 3 ,��J f'�'-c:l' t i / �ll �� m�� w�> i �� -��,z �� s�4' cy C� � �/ ��C ` ��` � iU/ � l? a✓� f' c r" �/� u � , �� . � s . �d �� v��61 � � y ��zs - 7 �1�� f fo<�.: �'jr :�r,�� ?�4�- v(�� :- u✓��r w-� c:(�T G 0 1 CCV( �Z' 2°G,e L�✓�/<2 i6?�, � f�7 / v��'clrs or.�7�J'�� .. .. W e � u v� �Y @ eF�,. e,�, �r.o e v� s �y /� ,.. ��9G �e � Cc/ Z z le � � � c je c�� f CY� l� �ai�1` , T� L f/� r��. y l�� r�r �� z:� � 1�� .�� .� �; � � << ��-��S ��-� ��-;�1�s � 3 P cE�vE� JUN � 6 20C�J �� CITY ATTORI��Y ■ St. Paul d/b/a Steve's Auto Body St. Pau — City's Exh. No. 12 — Car Make: License # Owner Address Phone #'s Home Work �� S�� -� Gl�i`C��P�>d r�' Oty Descrigtion F � S Tr'�/!h � � l/ Lv �j Z � � P�/ � Q -r z �ocr5`= -� L�`� —yS� S teve `s Auto B ody S t. Paul INC ORPORATED 1196 7th Street East St. Paul, Minnesota 55106-4014 (651) 776-3482 Fax(651)487-5307 Parts I Labor Parts Labor Sub-Total Tax Total � Estimated By: � Car Make: �� ,�l��/ P Cc�� v_ License # �V Owner �� G� � �° Address Phone #'s Home Work Oty Description �`fr ��'o� 7` r 00�5� Steve's Auto Body St. Paul INCORPORATED 1196 7th Sfreet East St. Paul, Minnesota 55106-4014 (651) 776-3482 Fax(651)487-5307 Parts - I Labor � /�—�c'� Parts Labor Sub-Total Tax Total Estimated By: Car Make: � f ��7��ss' � c% ✓ License # Owner �dflz =-., �4 /cr� Addzess Phone #'s Home Work aa—�s� Steve's Auto Body St. Paul INC�RPORATED 1196 7th Street East St. Paul, Minnesota 55106-4014 {651) 776-3482 Fax {651) 487-5307 Oty Description F � ..�r., T P��' �'�� .� �-�— �o �� — �+%��J�� S� - %'z c�c7 � �� . Parts Labor Sub-Total Tax Parts I Labor Estimated By: Car Make: �i �� r`a G� q� License # ��(/ Owner frtq/ti �t �� Address _�! Phone #'s Home Work Oty Description �7` / r'Y� //.�. o�-q�� Steve's Auto Body St. Paul INCORPORATED 1196 7th Street East St. Paul, Minnesota 55106-4014 (651) 776-3482 Fax(651)487-5307 � � a 0 Parts Labor Sub-Total Tax Parts { Labor Estimated By: Car Make: License # awner Address Phone #'s Home Work � �o/ T � —�--------- �ty Description y l �' c �� ',� ,s�- r�o —RS° Steve's Auto Body St. Paul INCORPORATED 1196 7th Street East St. Paul, Minnesota 55106-4014 (651) 776-3482 Fax (65i ) 487-5307 � �� —�f'—E�� Parts Labor Sub-Total Tax Parts 1 Labor Estimated By: Y � a; CITY OF SAINT PAUL Norm Cnfemnn, Mn} May 17, 2000 Steven Hakala Steve's Auto Body 1196 E. 7`" Street Saint Paul, Minnesota 55106 OFFICE C �'HE CITY ATTOIL�iEY ('�O-`ZS 'J Clayton rL1. ko„�nsOn, Jr, CirpAlra�ney Civif Dirision 400 Cig� Ha!! Telephone: 65/ Z66-8710 /5 West Kellogg d/vd. Fncsimile: 651 ?9&-5619 Sarnt Paad. .Nfnnesotn 55/a1 NOTICE OF VTOLATION RE: Auto Body Repair Garage License Held by Steve's Auto Body St. Paul, Inc. dlb/a Steve's Auto Body, for the premises at 1196 E. 7"' Street License ID #: 19980000406 Dear Mr. Hakala: The Office of License, Inspections and Environmental Protection has recommended adverse action against the licenses held by Steve's Auto Body St. Paul, Inc. d/b/a Steve's Auto Body, for the premises at 1196 E. 7`h Street. The basis for the adverse action is as follows: It is a condition of your license that there is to be no exterior storage on the property ot�er than the parking of customer and/or empioyee vehicles. On danuary 12, Z000 the Saint Paul City Council took adverse action against your license based, in part, upon previous violations of this license condition. The Council resolution gave you one week to bring the property into compliance with the conditions on your license. On Nlarch 17, 2000 you were advised by a letter from the Saint Paul City Attorney's Office that the property was still not in compliance with the condition relating to outdoor storage, and that on February 17, and March 2, Z000, the license inspector had observed inoperable vehicles and outdoor storage on the lot. Again on Apri128, 2000 the lieense inspector observed the premises and observed junk cars and parts on the lot in the front and back of the building, in violation of the conditions on your license. � St. Paul d/6/a Steve's Auto Body St. Pau — City's Exh. No. 11 — ,- �� Page 2 Steven Hakala May 17, 2000 � � �` c� If you do not dispute the above facts, please send me a letter admittin� that they are true. The matter will then be scheduled before the City Council for a hearing to determine cvhat penalty, if any, is appropriate. You will have a chance to appeaz and make a statement before the Council on your behalf. If you wish to dispute the facts, you aze entitled to an evidentiary hearing before an administrative law judge. If you wish to have such a hearin�, please send a letter stating that you are contesting the facts. You will then be sent a notice of hearing with the date, time and place for the hearing, the name of the administrative law jud�e, and an explanation of the procedures. Please let me know in writing no later than Tuesday, May 30, 2000, how you wish to proceed. If you have questions about these options, please feel free to contact me at 266-8710 to discuss them. If I have not heard from you by Tuesday, May 30, 2000, I will assume that you are not contesting the above facts and wili schedule the matter for the hearing in front of the City Council. Sincerely, �-t/ u�� \�.,..�., � Virginia D. Palmer Assistant City Attomey cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP John Vaughn, Community Organizer, Dayton's B1uffAistrict 4 Community Council, 281 Maria Ave., St. Paul, MN 55106 e� � '�� STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY AFFIDAVIT OF SERVICE BY MAIL JOANi�tE G, CLEMENTS, being first duly sworn, deposes and says that on May 18, 2000, she served the attached NOTICE OF VIOLATION upon the following named person placing a true and correct copy thereof in an envelope addressed as follows: Steven Hakala Steve's Auto Body 1196 E. 7"' Street St. Pau1, MN. 55106 (which is the last known address of same, with postage prepaid, in the Minnesota. Subscribed and sworn to before me this 18th d� of.NFavr-2000. Notary son) and depositing the ted St tes mails at,8�h. Paul„ �y PETER P. PAPJGBORN !' NOTARY PUBIJC - MINNE50TA MY CAMMtS510N ......� EXPIRES JAN.31.2CA6 _ _. _ _ _ _ _ _ .. _ _ __ __ _ _ Ginger Palmer - Re: SteJe's Auto Body �� ' Page �� From: Kristina Schweinler To: Pa{mer, Ginger Date: 5/9/00 11:04AM Sub�ect: Re: Steve's Auto Body Christine and 1 were there on the 28th of April and it is still not in compliance Junk cars and parts in front and back. � St. Paul d/b/a Steve's Auto Body St. Pau — City's Exb. No.10 — License Group Comments Text licensee: STEVE'S AUTO BODY ST PAUL INC �BA� STEVE'S AUTO BODY ST PAUL 1NC License#: �g9gpp00406 04lOS/2000 A � �5�� V 03/17/2000 Letter from CAO indicating that property is still in violation ot license conditions. Musi clean up immediately or could go to council for further adverse action. CAR 3/7/2000 Letter from KS to CAO indicaHng that some work has 6een done, but property is still in violatio� This letter trarumits pictures of 2/17l2�0� and 3/2/2000. CAR 2/17l0� a�d 3!2/o� pictu�es indicate still have cars and paRS stored in back and too many cars in front.KS 2l11f200o 55�0 fine paid. GAR 1l27l20�0 - Suspension and Fine letter given to Kcis to hand defiver (Business to be closed 2/02J00 thru 2116f00 and 5500.00 fine due 2/1 � f2000) - LAB Ot!'1212000 CF00.34 approving $500 fine serve 15 day closure with an additional 15 days stayed if licensee has no more violations for � 8 mo�ths, and property is cfeaned up with�n 7 days of passage of this resolution. CAR 1?122799 Nolice of Council Hearing from CAO for 1N2/200. Recommend 30 day suspension of license, stayed for'18 months on 3 conditions - property brought into comptiance wdhin 7 days, no further violations during the next 18 monihs, �500.00 fine paid withm 30 days. CAR �2f7/99 Pictures to CAO for adverse action. KS �2/1i99sti11 out of compliance per pictures taken by KS. KS 10/28199 Notice of Violation from CAO for failure t0 comply with license condtions. 11/3/99 response date. CAR 9/13/99 Letter from KS, Senior inspector, indicating that licensee is not in compltance with license conditions to provide a fence and no exterior storage. Deadline of 9/30/99 gtven for compliance. CAR 1 V23/98 CR 98-989 approving license with conditions. CAR 9/23/98 - Public heanng date 70/23/98, nofices mailed 9/23/98; 19M, 110 & 40EM/JL �n re e �cen � St. Paul dJb/a Steve's Auto Body St. Pau — City's Exh. No. 3 — License Graup Conditions Text Licensee: STEVE'S AUTO BODY ST PAUL INC DBA: STEVE'S AlJTO BOOY ST PAUL INC License #: 19gg0000406 0 410 512 0 0 0 Da_� L Parking, manuevering, customer vehicle storage and dumpster locaGOn shall be as shown on the site plan on file with LIEP, dated 6/5/98. 2. The dumpster shall be enclosed with a 6'-0" high wood o6scuring fence by October 2, �998. 3. There shall be no exterior storage other than fhe parking of customer/ employee vehicles. � � St. Paul d/b/a Steve's Auto Body St. Pau � City's Exh. No. 2 — c� o -�� clTY oF sanvT PAUL INTERDEPARTVIENTAL MEMORAi�tDUM DATE: 4(4l00 TO: Ginger Palmer FROM: Kris Schweinler'�� ' RE: Steve's Auto Body Ginger, As of the date of the picture the licensee Steve Hakula was not in compliance with the conditions of his license yet. I did talk to a Leroy Bobick who said he was a partner of Steve's and that they now had it as clean as they could get it. I told him that I would be out in the next few days to check on it and take more pictures. That there should be no outdoor storage of anything and no parts being stored in inoperable vehicles. He did say that some of the stuff is the properiy owner and that they had no control of that. I told him they would be responsible as the licensee. He seemed to understand and said they would comply. � St. Paul d/bJa Steve's Auto Body St. Pau — City's Exh. No. 9 — OFFIC �F TT� CITY ATTOg7vgY �� _�5U Cloytan M. Robinsors, Jr., City Attorney CITY OP SAIN'T PAUL Norm Coleman, �Lfrryor CivirDrvrsion aoa c;zy xatr 1 S West Kellogg Blvd SaintP¢ul, Minneso[a SSIQ2 7eleph one: 651266-8 i! 0 Facsimile: 65I ?98_�619 March 17, 2000 Steven Hakala Steve's Auto Body 1196 E. 7�` Street Saint Paul, MN 55106 RE: Auto Body Repair Gazage License heid by Steve's Auto Body St. Paul, Inc. dib/a Steve's Auto Body for the premises at 1196 E. 7�' Street License ID #: 199$0000406 Dear Mr_ Hakala: As you know, the Saint Paul City Council imposed adverse action against the licenses held by you at 1196 E. 7"' Street by action on January 12, 2000. The Councii resolution, a copy of which was provided to you, states that you have one week from the passage of the resolution to bring the property into compiiance with the conditions on the license. Failure to comply couid subject you to the remaining fifteen days suspension, which was stayed for 18 months. On February 17, 2000 and on March 2, 2000 an inspector viewed the property and observed that, despite the fact that you have done a lot of cleaning up, there are still violations of the condition relating to no outdoor storage. It is extremely important that you remedy this problem immediately, and that you be in compliance with all of the conditions on your license, or the Office of License, Tnspections and Environmental Protection wili have no option but to again recommend adverse action against your license. If you have any questions at all about the conditions on your license, please contact LIEP to discuss them. Sincerely, _,/ �� Virginia D. Paimer Assistant City Attorney cc: Robert Kesster, Director of LIEP Christine Rozek, Deputy Directar � St. Paul cUbla Steve's Auto Body St. Pau — City's Exh. No. 8 — ��_�,fc7 CITY OF SAIIVT PAUL INTERDEPARTI�IENTAl MEMORA�'VDLTNI DATE: 3!7/200a TO:Ginger Palmer FROM: Kris Scbweinler'�✓ RE:Steve's Auto Body Ginger, Attached are some pictures I took on 217/2000 and 3(2l2000 of the property at 1196 E.7th St. D.B.A. Steve's Auto Body. They have cleaned out a great deal but I still believe they are in violation of the outdoor storage of parts and inoperable vehicles. Please let me lrnow as to how to proceed on this matter. Cc: Christine RozeklDeputy Director � 's a "s➢ '4 %j � ��:R- _�..�5 ] +' TE+3a� 9�� 'r��`T V � Z�}OQ �� ■ St. Panl dlb/a Steve's Auto Body St. Pau — City's Exh. No. 5 � CITY OF SAINT PAUL Narm Ca(eman..Llayo� 3271U3r}' 25� 2�� Steven Hakala, Vice President Steve's Auto Body St. Pau1 Inc. 1196 East 7�' Street Saint Paul, MN 55106 Dear Mr. Hakala: �: : �}I Enclosed is a copy of City Council Resolution Number 00-34 which suspends the Auto Body Repair Garage license issued to you by the Clty of Saint Paul for a period of thirty (30) days with fifteen (15) days stayed for a period of eighteen (18) months and imposes a fine of $500.00 for the following violation: Viotation of conditions placed on the license. The suspension and fine was adopted by the City Council in final written form at the Council's regular meeting on 3anuary 12, 2000. The effecf of this notice is that no business operarions shall be permitted for fifteen days beginnin� at 12:01 a.m. on Wednesday, February 2, 2000 through 11:59 p.m. Wednesday, February 16, 2000. This is a serious matter that demands your adherence. Absolutely no auto repairs shall be permitted on the licensed premises during this whole period. Also, a fine in the amount of �500.00 is due for the above mentioned offense which is payabte no later than the close o£business (4:30 p.m.) on Friday, February 11, 2000. Please contact me at 266-9108 if you have any questions regarding this matter. Sincerely, lJ' ""'" LC�,.�/ / i Christine Rozek Deputy Director cc: Commander Dennis Jensen, SPPD-Eastern District Robert Kessler, Director-LIEP Peter Pangborn, Legal Assistant Kris Schweinler, Senior License Inspector OFFICE OF .,:; E:ISE, IVSPECTIONS e4�1D ENVIRO':VMEYT.4L PROTECTIOY 5 � Robett Kess[er, Direaor Q� l � LOV✓RY PROFESSIONAL Tetephave: Qil-26GSGA7 BUIIl77.^1G Facsim/e: 6f1-26G9099 Suite 3QQ 651-2669124 350 St. Perer St.eei SainrPau[, Mirsnesara 55102-ISIO NOTICE OF LICE�TSE SUSPENSION AND IMPOSITION OF F`INE ��I�"l �.� �� 7 �d00 �St Pa� ul�d�a Steve'� y S� � — City's Exh. No. 4 — OR�IGINAL P;esented By Referred To Committee: Date 3a � 1 ? 3 4 � 6 7 $ 9 10 11 12 13 14 1� 16 17 RESOLtiED, that the auto body repair garage license held by Steve's Auto. Bcdy St. Paul, Inc. d/b/a Steve's 3uto Body (License ID� 29930000406), for the premises at 1196 E. 7�' Street, is hereby suspended for a period of thirty day �for violation of conditions placed on the license. w:.ati �s �.��s ti � Gz�s".,s �n�:a �.:, Co�.�.m� F�b 7, 3oco� Cr' �J_ �^`�S� FLRTHER RESC LVED, that said suspension shall be stayed for a period of eighteen .�� } months on the follo�ine conditions: I) that the property is brought into compliance with the conditions on the license - ,�ithin one week from the passase of this Resolution; 2) that there be no futther violations of the c�nd'stions on the license or other code or zonin� violations durin� the eishteen months; and 3) ti:at the licensee pay a fine of ��00, said fine to be paid to the O�ce of License, Inspections aad �nvironmental Protection �.ithin thirty (30) days of the adoption of this resolution by the CounciI �.nd signature b}� the vlayor. This Resolution and the action of the Council in this matter aze based upon the facts contained in the September li, 1999 letter to the licensee from LIEP, the October 28, 1999 Notice of Violation ]ztter to the licensee asid such arsuments as may have been presented to the Council at the public hearing. The licensee did not contest the facts. Recuested bv Decartment oi: 3y: :/IIJ�� .%g/.r;..Ui�. ?orm :-_np�j by City a� rn� \` � �. a-CO �i sy: iG'CS"�L ✓i AL�CDC°C� Y'..�( COL•1C�� : D2._ \ C�y ` Adop.icr. Certi`ied by C�.rc3�5ecr_tary aporove3 by Mayor :or Sv�missicn Co Cov.<il 9y: d \� \�� 'Y: Angroved 3y Mayor: Dace �me��F_� _ ` ��a �� sor_,v�rzov CITY OF SAL�iT PAUL, YITiVNESOTA Countil File = 00 — �� Green Sheet 1 104• 497 By: August 31, 2000 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue Soutfi Minneapolis, Minnesota 55401-2738 Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, MN 55102 RE: In the Matter of the Auto Body Repair Garage License held by Steve's Auto Body St. Paul Inc., d/b/a Steve's Auto Body St. Paul; OAH Docket No. 6-2111-12951-3 Dear Mr. Owusu: �o-9S� Enclosed herewith and served upon you by ma+l is the Administrative Law Judge's Findings of Fact, Conclusions of Law, Recommendation and Memorandum in the above-entitled matter. Also, enclosed is the official record, with the exception of the tape recording of the hearing which will be sent to you under separate cover. If you would like a transcript, please contact our office in writing or telephone (612) 341-7642. Our file in this matter is now being closed. Sincerely, AWK:aws Enclosures cc: Virginia D. Palmer Steve Hakala � � � '� ��, �4��, ALLAN W. KLEIN Administrative Law Judge Telephone:612l341-7609 RECEBVED �� iit� CiTY CLERK Providing Impartial Hearings for Government and Citizens An Equal Opportunity Emp{oyer Administrative Law Section & Administrative Services (612) 341-7600 �TTY No. (612) 341-7346� Fax No. (612) 349-2665 �1�- r lS� STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) AFFIDAVIT OF SERVICE BY U.S. MAIL Debra S. Aws, being first duty sworn, hereby deposes and says that on the 31 day of August, 2000, at the City of Minneapolis, county and state aforementioned, she served the attached Findings of Fact, Conclusions of Law, Recommendation, and Memorandum; Docket No. 6-2111-12951-3 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed to the individuals named herein. Fred Owusu, City Clerk 170 City Nall 15 West Kellogg Boulevard St. Paul. MN 55102 Steve Hakala 1204 E. 7 Street St. Paul, MN 55106 Virginia D. Palmer Assistant City Attorney Office of License Inspections and Environmental Protection 400 City Hall 15 W. Kellogg Boulevard St. Paul, MN 55102 �,� � , �J�i�/`'� Debra S. Aws Subscribed and sworn to before me this � I Sf day of �k� CF� 2000. ��,�, ' - � � Notary blic � dTM � CYNTHIAA.RfNGDANL 3 NoraAV vtn�.�c - �wuwsoTF • • MY CAMMISSION IXPopES �'$,,.: `� JANUARY 3t, 200.5 ��- �Z'.�� 6-2111-12951-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATfVE HEARINGS FOR THE SAINT PAUL CITY COUNCIL In the Matter of tfie Auto Body Repair Garage License held by Steve's Auto Body St. Paul Inc., dba Steve's Auto Body St. Paul FINDINGS OF FACT. CONCLUSIONS OF LAW. RECOMMENDATION AND MEMORANDUM This matter was heard by Allan W. Klein, Administrative Law Judge, on the morning of July 18, 2000 in the St. Paul City Hall. Appearing on behaff of the City of Saint Paul and its Office of License, Inspections and Environmental Protection was Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 W. Kellogg Boulevard, St. Paul, Minnesota 55102. Appearing on behalf of Steve's Auto Body St. Paul Inc. was Steve Hakala, 1204 E. 7 Street, St. Paul, Minnesota 55106. Mr. Hakala appeared without benefit of counsel. The record closed at the end of the hearing on July 18, 2000. NOTICE Notice is hereby given that this Report is a recommendation, not a final decision. The Saint Paul City Council will make the final decision after review of the record. The City Council may adopt, reject, or modify these Findings of Fact, Conclusions, and Recommendations. Under Section 310.05(c)(c-1) of the City's Legislative Code, the City Councii will provide the applicant the opportunity to present oral or written argument to the City Council before it takes final action. Parties should contact the St. Paul City Council to determine the procedure for filing exceptions or presenting argument to the Council. STATEMENT OF ISSUE Has Steve's Auto Body violated the conditions of its license so as to warrant disciplinary action by the City Council? Based upon all of the proceedings herein, the Administrative Law Judge makes the foflowing: �� FINDINGS OF FACT 1. Steve's Auto Body St. Paul is located at 1196 E. 7 Street in St. Paui. It has been in operation there for approximately two and one ha{f years (2'/z) years. 1t is in the business of auto body repair, primarily the fields of fixing wrecks (both smal{ and large), along with associated work such as rust removal, and painting. 2. The premises at 1196 E. 7 Street are owned by a Roy Berger_ He occasionally helps Mr. Hakala, but he is not a partner or an investor in the business. It is anticipated that Mr. Hakala will buy the building from Mr. Berger around the end of the year. Mr. Hakala has been renting the front of the building and the inside of the buiiding from Mr. Berger. The building is small, housing only 5 stalls, one of which is used by Berger. 3. On November 23, 1998, the City Council approved Hakala's license application but imposed conditions upon the license. The condition at issue in this Hearing read as follows: "There shalf be no e�erior storage other than the parking of customer/employee vehicles". 4. On September 13, 1999, Senior Inspector Kris Schweinler wrote a letter to Hakala, indicating that he was not in compliance with a number of conditions, including the condition that there be no exterior storage. He was given until September 30, 1999 to comply. 5. On October 28, 1999, the City Attorney's Office issued a notice of violation for failure to comply with license conditions. All of this culminated on January 12, 2000, when the Council passed CF 00-34, imposing a$500 fine and closure of Steve's for fifteen (15) days with an additional fifteen (15) days stayed so long as the Licensee had no more violations for eighteen (18) months. The property was to be cleaned up within seven (7) days of passage of the resolution. Results of this Council action were formally served on Steve's on January 27, 2000. The business was to be closed between February 2 and February 16, 2000, and the $500 fine was to be paid by February 11, 2000. The business was, in fact, closed between February 2 and February 16, 2000, and the $500 fine was paid on February 11, 2000. 6. On February 17, 2000, Inspector Schweinler inspected the facility and took photographs' The photographs show a total of 9 cars or trucks parked in the parking area in front of the building. One of the trucks is a pick-up truck with a tarpaulin over the back box. In the winter, it is used to plow snow, lt is afso used to store tools ' Photographs are in evidence as City's Exhibit 6A-6F. �� that used to belong to Hakala's father. Behind the building there was an inoperable vehicfe and a blue/green tow truck on one side of the back lot in the center of the back lot, up against the building, were pieces of scaffolding, one of which had wood stacked on top of it 3 On the left side of the back !ot are a white car (which appears to have been recently driven), a utility trailer with material inside of it, and another truck which had not been recent(y driven. 7. On March 2, 2000, Schweinler returned to view the premises again. The front parking lot was again full. In addition to the 8 cars and trucks there, a chassis (with axles and 4 wheels attached) was sitting between some parked cars and the sidewalk. In the back, the scaffolding now held even more debris, and the same vehicles, the inoperable car and the blue tow truck, were on the right side of the lot, in the same locations as they had been on February 17. In front of them, and blocking their movement, was now a rusted old (late 1940's?) car whose front panel had been removed exposing the engine. On the left hand side of the back lot, the white car and the other truck appeared to be in the same position they had been on February 17. 8. On March 7, 2000, Schweinler transm+tted the pictures from February 17, and March 2, 2000 to the City Attorney's Office. Schweinle� noted that Steve's had "cleaned out a great deal" but believed that they were still in violation of the outdoor storage of parts and inoperable vehicles 6 9. On March 17, 2000, Virginia D. Palmer, Assistant City Attorney, informed Mr. Hakala that, despite the fact that he had done "a lot of cleaning up", there were still violations of conditions related to no outdoor storage. She informed Hakala that it was extremely important that this problem be remedied immediately, or else the City would have no option but to again recommend adverse action against his license. 10. On March 23, 2000, Inspector Schweinler again visited the premises. There is no evidence with regard to the condition of the front of the lot, but in the back of the lot, there had been no change. A photograph� taken on March 23 demonstrates the inoperable car and the truck on the right side of the lot, blocked in by the blue car. The scaffold and the wood debris are still present. 11. On April 4, 2000, Inspector Schweinler informed the City Attorney's Office that Hakala was still not in compliance with the conditions of his license, based on the March 23 inspection, and that she had told a Leroy Bobick (who she spoke with on March 23, and who claimed to be a partner of Hakala's) that there couid be no outdoor Z This tow truck beiongs to Mr. Berger. ' The scaffolding and the wood belong to Mr. Berger. ' This white car is a customer's car which came in for repairs, some money was paid and some work do�e, but the work stopped until more money was paid. It was finalty removed in mid-.lune. 5 This chassis was part of a restoration job. The body of the car was taken off of the chassis and was being worked on inside the building. The chassis was left outside for about one month. 6 Exhibit 5. ' Attached to City Exhibit 9. �� -9� storage of anything and no parts being stored in inoperable vehicles, and that they were not in compliance and she would be out again to check on their progress 9 On April 28 Schweinler again re-inspected the premises, and determined that they were sti{I not in compliance. She noted "junked cars and parts in front and back."' 12. On May 17, the City Attomey notified Hakala that LIEP had recommended adverse action against the license based upon the violation of the license condition that there be no exterior storage on the property other than the parking of customer and/or employee vehicles.'� 13. On May 24, Hakala responded, indicating that afl of the vehicies stored on the premises were either customer or employee vehicles. Hakala indicated that the truck and one car belonged to the owner of the property, Roy Berger, and are licensed to that address. He went on to explain: It is virtually impossible for a building this small to store all parts for damaged vehicles inside all day long while working on such vehicles. We have Senior Inspectors go by many times. They always come by during the day, when we are or had been working on vehicles outside. We have a guy who comes by once a week to pick up junk parts. The parking lots have been cleaned and free of any junk parts many times. 14. Following some other procedural correspondence, a Notice of and Hearing was issued on June 22, setting a hearing for July 18, 2000. The Hearing took place on that date. 15. On July 13, 2000, Inspector Schweinler returned to the property one last time. She took no photos of the front of the property, but did take photos of the back area. On the right hand side of the back area, the inoperable car with the flat tire is gone, but the tow truck is stifl evident. Between the tow truck and the back of the property was a washer and dryer. In the center of the back area was a 55 gailon drum with debris in it, plus approximatefy 12 tires. Some of the tires were piled on top of each other, but others were lying around at random. There was a bright blue plastic one- quart oil container (or similar plastic container) inside one of the tires, and there were strips of insulation (or perhaps brake lining) lying in the lot. On the left side of the lot was a large white piece of sheet metal, and other unidentified debris. $ This car, which has been present in all of the photographs, has a flat tire which has been flat from February 17 to at least March 23. 9 Exhibit 9. t0 Exhibit 10. " Exhibit 11. 12 City Exhibit 12. �� -9S� 16. At the fime of the March visit and at the time of the Ju{y visit, there was a large (approximately 4 x 6 foot square) piece of white sheet metal stored outside the building, in the back. This sheet metaf was a part which was to be used in the restoration of the trunk of the white car. 17. LIEP is recommending that fhe Council suspend the license for an additional 30 days, lift the stay of imposition on the 15 days still pending from the first Council action, and impose a fine of $1,000. LIEP believe that imposing this increase penalty on Hakala is necessary in order to "get his attention" and get him to take whatever actio�s are necessary to stay within the condition of his license. 18. When the C+ty issued the Notice of Hearing on June 23, 2000, it sent a copy to John Vaughn, the Community Organizer for Distriet #4 Community Council (Dayton's Bluf�. On July 12, 2000, the Administrative Law Judge received a letter from Mr. Vaughn on behaif of the Community Council's Board of Directors. The letter sets forth the history of conditions, suspension and fine. It concludes with a recommendation that the facility be permanently closed. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The St. Paul City Council and the Administrative Law Judge have jurisdiction in this matter pursuant to Section 310.05 of the St. Paul Legislative Code and Minn. Stat. § 14.55 (1998). 2. The City has given proper notice of the hearing in this matter and has fulfilled all relevant, substantive and procedural requirements of law or rule. 3. The City bears the burden of proving, by a preponderance of the evidence, that adverse action is warranted with respect to the Licensee's Auto Repair Garage License. 4. Chapter 310 of the St. Paul Legislative Code contains general provisions relating to licenses issued by the City. Section 310.06(b)(5) provides that adverse action may be taken when "[t]he licensee or applicant has failed to comply with any condition set forth in the (icense, or set forth in the resolution granting or renewing the license." Adverse action is defined in Section 310.01 to include fines, imposition of conditions, suspensions of a license, or revocation of a license. 5. The City demonstrated, by a preponderance of the evidence, that the licensee failed to comply witfi the conditions set forth in Council File #00-34, as amended. Specifically, the City showed that the Licensee stored wood, parts, inoperable vehicles, trash and other debris on the e�erior of the property. �o - 9Sn Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION The Administrative Law Judge HEREBY RESPECTFULLY RECOMMENDS that the Council takes ADVERSE action against the License of Steve's Auto Body St. Pauf, Inc., d!b!a Steve's Auto Body. Dated this �(�� day of August 2000. C,��.�. � . �� ALLAN W. KLEIN Administrative Law Judge Reported: Taped MEMORANDUM The real problem here is that Mr. Hakala needs much more space for his style of operation. He needs to either move to a larger building, rent additional storage space elsewhere, enlarge the building, or build a storage shed. Such actions are needed to comply with the City Council's conditions. The amount of space inside the building is simply inadequate, and the solution used to date, to store things outside the building, is exactly what the City Council was trying to avoid. Although Mr. Hakala has improved the condition of the property significantly over the past few months, it would appear that some sort of major change is necessary if he is going to comply with the Council's conditions and continue in business. v �• . d� OFFICE OF ADNIINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In Re The Auto Body Repair Gazage License Held By Steve's Auto Body St. Paul d/b/a Steve's Auto Body St. Paul July 18, 2000 CITY'S PROPOSED EXFIIBITS TO: Judge Allan W. Klein, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list of the City's proposed e�ibits for the Administrative Hearing on July 18, 2000. Exhibit No. E�. No. 1 Exh. No. 2 Exh. No. 3 Exh. No. 4 Exh. No. 5 E�. No. 6 E�. No. 7 E�. No. 8 Description License Inforxnation Report, printed July 14, 2000 (1 p.); License Conditions far Steve's Auto Body St. Paul, printed April 5, 2000 � P•); License Comments, printed Apri15, 2000 (1 p.); Notice ofLicense Suspension and Imposition ofFine, dated January 25, 2000, with attached resolution, Council File # 00-34 (2 pp.); Memo from Kris Schweinler to Ginger Palmer, dated Mazch 7, 2000 (1 p.); 6 photographs taken Febmary 17, 2000; 8 photographs taken March 2, 2000; Letter from Virginia Palmer to Steven Hakala, dated March 17, 2000 (1 p.); a. . Exh. No. 9 E�. No.10 E�. No. 11 Each. No. 12 E�. No. 13 E�. No. 14 Each. No. 15 I�� - ��?s Memo from Kris Schweinler to Ginger Palmer, dated April 4, 2000, with attached photograph taken March 23, 2000 (2 p.); E-mail from Kristina Schweinler to Ginger Palmer, dated May 9, 2000 (1 p.); Norice of Violation, dated May 17, 2000, with Affidavit of Service � PP•); Letter from Steven Hakala, dated May 24, 2000, with attached work orders � PP•); Letter from Virginia Palmer to Steven Hakala, dated June 14, 2000 (1 p.); Notice of Hearing, dated June 22, 2000, with Affidavit of Service � PP•); 4 photographs taken July 13, 2000. Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legislative Code § 310.06 Respectfully submitted this 18h day of July, 2000. �.1 � 2iu"GGf" �° 1 Virgini �. Palmer Assistant City Attorney Office of The City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (651)266-8710 —, �N� , �o �� a' �x � iW I 0 N � O � � O y V N m �'J I� a n. i Jv 0 r 0 G � � 0 t"a � L � W � N C d v J �; iy� N J a � � N N � T � IN' O m UIO I �a 0 o � v I� � � m � iZ la O N!O C O U � J � � I RI I�� W �y � � a� _ � � � a�o � �� m � � � E Z (� m W ol �� r 0 O m �O m � � a Ciw a r � .� � � O �V' 00 �I Ip Q x w C � CI � ' z U O a U �C �N IJ � i� �� z a c � Q 0 I I ;�i U I C N � y � L N � � 7 Z N � N O L I� d'M N � N � I� I.0 � I m' � � �M F N V M U Z � � (� � � � � a m� L V y N � N N > l6 N O � s U O (p � - Q N 4 � � O U i - C N U "d- � O �a C N � 3 N 3 U i Q N O I � � i � O � � � O `1 C � @ m 3Q I I o� rnt I m ;� c I l,�rn°L Nt`�O y , U (p (6 d L-pL+�- � m �i N d�� m ! od o 0 W-y � v1 - U � C O U � N . i m3� � i C X N= N i i � w @ p � N C y C � c � NQ ; � N y- Eanm � � p1w � N : � Y N "6 N �� LLL ' a--r� .c � ONM Db ❑ ��ii� � %��\ �� July 12, 2000 Dayton's Bluff District 4 Comm d�-9s� - „� �` �,. ; �ncil 798 E. 7th Street, Saint Paul, MN 55106 • Phone 651-Z72-2�Z5 � Fa�c 651-774-3510 �sit our weTi site�i',i�w.daytonsbluff.org � ,�.� Allan W. Klein Office of Administrative Hearings 100 Washington Squaze, Suite 1700 Minneapolis, MN 55401 RE: Auto Body Repair Garage License held by Steve's Auto Body, Inc. at 1196 E. 7`�` Street. City ID #: 19980000406 Dear Judge Klein: I am writing on behalf of the Dayton's Bluff community and at the request of the Dayton's Bluff District Four Community Council Board of Directors. Mr. Steve Hakala has proved himself to be an incorrigible scofflaw. He entered into an agreement with the City to abide by a perfectly reasonable set of conditions and has consistently broken this agreement. Even a recent 15 day closing and fine did not deter him from violating those condition almost immediately upon re-opening. If the conditions were too tough or somehow difficult to come into compliance with, it would be understandable. But they are not. His business is a blight upon a neighborhood that is warking very hard to raise its standards of livability. We urge you to end his mockery of the conditions set forth in his 1_iCCP_S? a.�ri t., f'rP? thP �C*P_IT!un_t�� frOID t11S .°.*1fOZCCT_F1PP.t tY!CTP_ �T1C1 Cve by closing Steve's Auto Body permanently. Thank you for your consideration. I can be reached at 651-772-2075. Sincerely, �� John Vaughn, Community Organizer Cc Councilmember Kathy Lantry Virginia Palmer, City Attorney � Creating a sense of place and a place that makes sense � �; , OFFIC THE CITY ATTORNEY ' • CTaytors imson, Jr., City Aaorney �L` —�� CITY OF SAINT PAUL Norm Colemars, M¢yor IURe ZZ ZD�O Steven Hakala Steve's Auto Body 1196 E. 7"' Street Saint Paul, Minnesota 55106 Civi[ Div&ian 400 Ciry Ha1! IS WestKellagg Blvd SaintP¢ut, Minnesofa 551D2 NOTICE OF HEARING Te(ephone: 651266-8710 Facsimile: 657 298-5619 RE: Auto Body Repair Garage License Held by Steve's Auto Body St. Paul, Inc. d/b/a Sfeve's Auto Body, for the premises at 1196 E. 7` Street License ID #: 19980000406 Dear Mr. Hakala: Please take notice that a hearing will be held at the following rime, date and place conceming all licenses for the premises identified above: Date: Tuesday, July 18, 2000 Time: 9:30 a.m. Place: Room 41 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administratave Hearings: Name: Telephone: Allan W. HIein OfTice of Administrative Hearings l00 Washington Square, Suite 1700 Minneapolis, MN. 55401 612-341-7609 St. Paul dlb/a Steve's Auto Body St. Pau — City's Exh. No.14 —' � - �c-�� '. The Council of the City of�t Paul has the authority to provide fo�arings conceming licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 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 follows: It is a condition of your license that there is to be no exterior storage on the property other than the parking of customer andlor employee vehicles. On January 12, 2000 the Saint Paul City Council took adverse action against your license based, in part, upon previous violations of this license condition. The Council resolution gave you one week to bring the property into compliance with the conditions on your license. On March 17, 2000 you were advised by a letter from the Saint Paul City Attorney's Office that the property was still not in compliance with the condition relating to outdoor storage, and that on ., February 17, and March 2, 2000, the license inspector had observed inoperable vehicles and outdoor storage on the lot. Again on April 28, 2000 the license inspector observed the premises and observed junk cars and parts on the lot in the front and back of the building, in violation of the conditions on your license. 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 sections 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. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City wili then present its witnesses and evidence, each of whom the licensee or attomey may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each ofwhom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party 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. Concluding 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 Notice of Hearing - Page 2 � '. ~ production of documents i�nformity with Minnesota Rules, part 0.7000. ��—�� j7"j If a stipularion or a�eement can be reached as to the facts, that stipulation will be presented to the Admuustrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challen�e the allegations will be forfeited and the allegations against you which have been stated eazlier in this notice may be taken as hue. If non- public data is received into evidence at the hearing, it may become public unless objection 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 tculy yours, � .�� Virginia D. Palmer Assistant City Attorney cc: Nancy Thomas, Office of Administrative Hearings, 100 Washington Squaze, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessier, Director, LIEP Christine Rozek, LIEP John Vaughn, Community Organizer, Dayton's Bluff District 4 Community Council, 281 Maria Ave., St. Paul, MN 55106 Notice of Hearing - Page 3 _• �:• . � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY �J ��-9�� AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on June 23, 2000, she served the attached NOTICE OF HEARING upon the following named person placing a true and correct copy thereof in an envelope addressed as follows: Steven Hakala Steve's Auto Body 1196 E. 7 Street St. Paul, MN. 55106 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United ates mails at St. Paul, Minnesota. � �, ., � S Subscribed and sworn to before me this 23rd � of ,d2t�e, 2000. /� �i��Tti'9��0\ �P•'.k�asa.l NOTARYWBUCAMNNESOA Notary Publ' MYCOanMissioN ;.,�. EXPIRE� dAN. $1 � 21� OFFICE OF THE CITY ATTORNEY , + CluyYOm M. Robixsom, ✓r., CityAUOrney y.�� r� (/ <.) CITY OF SAINT PAUL 'r� � �= 7 �� Civi/Division Norm Coleman, Mayor s, � t �,._ 400 Ciry Hal! �� sf 2� �� li• 5 f rswesrr�noggamd Sair+t Pau[, Minnesou SS702 i . _ :';. ' . _ t',_'ri�::i�� 7une 22, 2000 NOTICE OF HEARING Steven Hakala Steve's Auto Body 1196 E. 7"' Sh Saint Paul, Minnesota 55106 Telephane: 65I 266-8710 Facsimile: 651298-5619 RE: Auto Body Repair Garage License Held by Steve's Auto Body St. Paul, Inc, dJbJa Steve's Auto Body, for the premises at 1196 E. 7"' Street License ID #: 19980000406 1�2:k47LC��,'dk� Please take notice that a hearing will be held at the following tame, date and place conceming all licenses foz the premises identified above: Date: Tuesday, July 18, 2000 Time: 9:30 a.m. Place: Room 41 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Allan W. HIein Office of Administrative Hearings 100 Washington Square, 5uite 1700 Minneapolis, MN. 55401 Telephone: 612-341-7609 �6-95� ;- "- The Council of the City of Saint Paul has the authority to provide for hearings conceming licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- intoxicating liquor, authority is also conveyed by Mivnesota Statutes secrion 340A.415. Adverse action may include revocation, suspension, fines and other penaities or conditions. Evidence wili be presented to the judge which may lead Yo adverse acrion against all the licenses you hold at the above premises as follows: It is a condition of your license that there is to be no exterior storage on the property other than the parking of customer and/or employee vehicles. On January 12, 2000 the Saint Paul City Council took adverse action against your license based, in part, upon previous violations of this license condition. The Council resolution gave you one week to bring the property into compliance with the conditions on your license. On March 17, 2000 you were advised by a letter from the Saint Paul City Attorney's Office that the property was still not in compliance with the conditioa relating to outdoor storage, and that on �, February 17, and March 2, 2000, the license inspector had observed inoperable vehicles and outdoor storage on the lot. Again on Aprii 28, 2000 the license inspector observed the premises and observed junk cars and parts on the Lot in the front and back of the building, in violation of the conditions on your license. 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 unauthozized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.5� to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be appiicabie. At the hearing, ihe Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attomey may cross-examine. The licensee may then offer in rebuttai any witnesses or evidence it may wish to present, each ofwhom the City's attomey may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either parry who have a substantial interest an 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. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings ofFact, Conciusions of Law, and a specific recommendation for action to be taken by the City Councii. 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 Notice of Hearing - Page 2 �production of documents in confomuty with Minnesota Rules, part 1400.7000. �� 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 faal to appear at the hearing, your ability to challenge the allegarions will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non- pubiic data is received into evidence at the hearina, it may become public uniess objection 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, ��f �� U Virginia D. Palmer Assistant Ciry Attorney cc: Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Suite 1700 Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP John Vaughn, Community Organizer, Dayton's Bluff District 4 Community Council, 281 Maria Ave., St. Paul, MN 55106 Notice of Fiearing - Page 3 CITY OF SAINT PAUL Norm Coleman, Mayor June 14, 200Q Steven Hakala Steve's Auto Body 1196 E. 7�' Street Saint Paul, MN 55106 OFFICE OF THE CITY ATTORNEY �� _�� D Clayton M. Robinson, Jn, Ciry Atmrney Civi[Diviston 400CityXa![ Te[ephone:651266-8770 15WesiKeltoggBlvd. Facsimite: b51298-3619 Saint P¢ul, Minnesota 55102 12E: Auto Body Repair Garage License Held by Steve's Auto Body St. Paul, Inc. d/bfa Steve's Auto Body, for the premises at 1196 E. 7` Street License ID #: 19980000406 Dear Mr. Hakala: On June 6, 2000 I received your letter dated May 24, 2000, which appears to be in response to the Notice of Violation dated May 17, 2000. The letter does not indicate whether you are requesting a hearing before an administrative law judge, but because it seems to be disputing the aliegations of the Notice of Violation, I am assuming that you do wish such a hearing. Please contact me no later that June 21, 2000 if you are not contesting the facts of the Notice of Violation and do not wish to have a hearing before an administrative law judge. If I have not heard from you by that date, we wiil send you a Notice of Hearing with the allegations of violations which will be presented at the hearing, the date, time and place of the hearing and a brief description of the procedures which wili be followed. Sin�� ly, � �� / .-�c� Virginia D. Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP � St. Paul d/b/a Steve's Auto Body St. Pau — City's Exh. No.13 —, . �• j` Z�f - �c� �D-R5� t j Ll � j! C G:c'SC �7 ��l /�tS C�tsl�Ov'-�r d K f / �:�/llpa/�� UL�.`c�rs - �� // � �yl c( OS e' � qo' � C O� r<s a( � li 'i L�!/c9lj� 4d�C�S ��" 7`L G Ci�S`�a<s�c i- i/�/-��`�l�S, TG�� `��✓ �=rucl� oC 7`G, � L;��c�l� �� o�� x� �� ,��- �:� �ti� P ,��tiz.-x y �'? !�(' !'!�G � rG �:�T cl1� ( �� f QV" �/'�s's' ��- ,s ��y ;��ss,s�� h � � l�, �� °f s-�� o�-� � l� ��.� �� oP¢ � y ��V U �� i�-s ;��s,�-�� 1�� oP� �o�� w�'� � ��- w,�sr�,y P� ��c-ll C/�Gi,'c�rs' �Ti �l xt�� f'C��7 1��u/ j�aj/'LC}�ols` / �r �'� �), �� }�: � zs - �' ��u� y �o ��? �� ' y� a� ✓ i a��.- �4 c vC�o� j u✓� �i? LU 't� ., �2�"ci O� vl�oC �zz°� [�✓E?/l'cPf� F3y7 . v�l�.clrs o��s,�c _ ,. w e � � � � �- � � e.�, �,� � f��zs- � . o�� w � z �� 7-,� �� j� �� .� �t �u��1� . 7 � �u rl `: y l� �1� �-r� ��z �� l�-�e� 4'.7�f �`��c �7 c� xo y J u� f� �a�7 f� �� r ' ,,, �7` . � CEIVED JUN 0 6 2QCD �� CITY ATTORiV�� St. Paul d/b/a Steve's Auto Body St. Pau — City's Exh. No. 12 — Caz Make: License # Owner Address Phone #'s Home Work Oty '7� S�� -� m L�ii`C��-l¢rv �i' i�s ��-9�5� Steve's Auto Body St. Paul INCORPORATED 1196 7th Street East St. Paul, Minnesota 55106-4014 (651) 776-3482 Fax {651) 487-5307 Parts 1 Labor Parts �� w � �� `P�� Q'/ �OC!'�c .� , � Eslimated By: � Labor Sub-Total Tax Total -. , ��/��P � �I�-9�5v Car Make: Zr//� Cc�� v.- License# Steve s Auto Body St. Paul Owner �%�� G� INCORPORATED Address 11 gg 7th Street East Phone #'s St. Pau{, Minnesota 55106-4014 Home (651) 776-3482 Work Fax (651) 487-5307 Oty Description ' Parts . I Labor � r � �,� Parts Labor Sub-Total Tax Estimated By: Car Make: License # Owner Address Phone #'s Home Work �� H �/ysS t C'�j i/ �d��r< i� /�a /cTi' Oty Description r 8 �� `�� e vvn �-�_ C?fJ ��'' - ��i�s��` S'= j "z - �d o d - 9�5� Steve's Auto Body St. Paul INCORPORATED 1196 7th Street East St. Paul, Minnesota 55106-4d14 (651) 776-3452 Fax(651)487-5307 � -�„ Parts Labor Sub-Totai Tas Parts 1 Labor Estimated By: CarMake: �� f�Ci Grg- License # ,.�_„�' �'�(/ Owner 1�qW� � �� Address _.�� Phone #'s Home Work Oty Description �� f � � 2�v r Db Steve's Auto Body St. Paul INCORPORATED 1196 7th Street Easi St. Paul, Minnesota 55106-4014 (651) 776-3482 Fax(651) 487-5307 Parts � Labor Parts Labor Sub-Total Tas Estimated By: CazMake: ' � 2 G�'� �o� License # Owner �v f /�S Address Phone #'s Home Work Oty � Description � i: c,� � C�7 -�1�� Steve's Auto Body St. Paul INCORPORATED 1196 7th Street East St_ Paul, Minnesota 55106-4014 (651) 776-3482 Fax (651) 487-5307 Parts I Labor C� CN <y '�' ' �' '- f?FJ paI'tS Labor Sub-Total Tax Total Estimated By: Y • � �J CITY OF SAINT PAUL Norm Coleman, Ma}'or May 17, 2000 OFFICE � CI"IY ATTORNEY C� I� - 9� j� Cl�ytors M. �cDStnson, Jr., Crry Attorrsey c�Urt o«rsro,� 400Ciry�Hal1 Telephone:65[266-87/0 ISWestKe!loggBb�d. FacsimiTe:651298-ibl9 Saint Paul. Minnuota i� I01 NOTTCE OF VIOLATION Steven Hakala Steve's Auto $ody I 196 E. 7"' Street Saint Paul, Minnesota 55106 RE: Auto Body Repair Gazage License Held by Steve's Auto Body St. Paul, Inc. d/b/a Steve's Auto Body, for the premises at 1196 E. 7`" Street License ID #: 19980000406 Dear Mr. Hakala: The Office of License, Inspections and Environmental Protection has recommended adverse action against the licenses held by Steve's Auto Body St. Pau1, Inc. dlb(a Steve's Auto Body, for the premises at 1196 E. 7`h Street. The basis for the adverse action is as follows: It is a condition of your license that there is to be no exterior storage on the property other than the parking of customer and(or employee veLicles. On January 12, 2000 the Saint Paul City Council took adverse action against your ticense based, in part, upon previous violations of this license condition. The Council resolution gave you one week to bring the property into compliance with the conditions on your license. On March 17, 2000 you were advised by a letter from the Saint Paul City Attorney's Office that the property was still not in compliance with the condition relating to outdoor storage, and that on February 17, and March 2, 2000, the license inspector had observed inoperable vehicles and outdoor storage on the lot. Again on Apri128, 2000 the license inspector observed the premises and observed junk cars and parts on the lot in the front and back of the building, in violation of the conditions on your license. St. Paul d/bia Steve's Auto Body St. Pau — City's Exh. No. ll . , Page 2 Steven Hakala May 17, 2000 � � � �- g�5a If you do not dispute the above facts, please send me a letter admittin� that they aze true. The matter wili then be scheduled before the City Council for a hearing to determine what penaity, if any, is appropriate. You will have a chance to appear and make a statement before the Council on your behalf. If you wish to dispute the facts, you aze entitled to an evidentiary hearing before an administrative law judge. Ifyou wish to have such a hearin�, please send a letter stating that you are contesting the facts. You will then be sent a notice of hearing with the date, time and place for the hearing, the name of the administrative law judge, and an explanation of the procedures. Please let me know in writing no later than Tuesday, May 30, 2000, how you wish to proceed. If you have questions about these options, please feel free to contact me at 266-871Q to discuss them. IF I have not heard from you by Tuesday, May 30, 2000, I will assume that you are not contesting the above facts and will schedule the matter for the hearing in front of the City Council. Sincerely, .�� u�� P-�-� � Virgisria D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP John Vaughn, Community Organizer, Dayton's B1ufFDistrict 4 Community Council, 281 Maria Ave., St. Paul, MN 55106 � r . r . • • STATE OF MINNESOTA ) ) COUNTY OF RAMSEY ss. � i I' �� AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on May 18, 2000, she served the attached NOTICE OF VIOLATION upon the following named person placing a true and correct copy thereof in an envelope addressed as follows: Steven Hakala Steve's Auto Body 1196 E. 7th Street St. Paul, MN. 55106 (which is the last known address of same, with postage prepaid, in the Minnesota. i,,,d—pe.�son) and depositing the ted St�tes mails at.8'h. Paul„ S Subscribed and sworn to before me this 18th d3� of�y�-�000. Notary PETER P. PANG80RN NpTARY PUBUC' MINNESO7A MY COMMISSION EXpIRESJAN.31,2006 .. � Ginger�Pslme� -�Re: SfeJe's Auto Body �� `""� _._ __ _ ��,._ . . _ _,._ . _ _ .. � _. . �- - - page 1 : D�-9� � From: Kristina Schweinler To: Palmer, Ginger Date: 5/9/00 11:04AM Subject: Re: Steve's Auto Body Christine and I were there on the 28th of April and it is still not in compliance Junk cars and parts in front and back. St. Paul d!b(a Steve's Auto Body St. Pau — City's Exh. No. 10 — License Group Comments Text Licensee; STEVE'S AUTO BODY ST PAUL INC �BA� STEVE'S AUTO BODY ST PAUL INC License#: �ggg0000406 04I05(2000 �� - �� 03/17/2000 Letterfrom CAO indiwtlng that property is still in violation of license conditions. Must clean up immediately or could go to council foriurther adverse aciion. CAR 3/7/2000 Letter from KS to CAO indicating that some work has been done, bui property is still in violation This letter transmits pictures of 2/17/2000 and 3!2/2000. CAR 2/17/00 and 3/2/00 picNres indicate still have cars and pads stored in back and too many cars in front.KS 2/11/2000 $500 fine paid. CAR 7/27/2000 - Suspension and Fine letter given to Kris to hand deliver (Business to be closed 2/02/00 thru 2/16/00 and $500.00 fine due 2/� 1/2000) - LAB 01/12/2000 CF00.34 approving $500 fine serve t 5 day closure with an additional 'f 5 days stayed if licensee has no more violations for 18 months, and property is cleaned up within 7 days of passage of this resolution. CAR 12/22/99 Notice of Council Hearing from CAO for 1/12/200. Recommend 30 day suspension of license, stayed for 18 months on 3 conditions - property hrought irtto complia�ce within 7 days, no fuRher violations during the next 18 months, $500.00 fine paid within 30 days. CAR 12/7/99 Pictures to CAO for adverse action. KS. 12/1/99.still out of compliance per pictures taken by KS. KS 10/28/99 Notice of �olation from CAO for failure to comply with Iicense condtions. 1113/99 response date. CAR 9/73/99 Letter from KS, Senior fnspector, indicaGng that licensee is not in compliance with license condiGOns to provide a fence and no e#erior storage. Deadline of 9/30/99 given for compliance. CAR 11/23/98 CR 98-989 approving license with conditions. CAR 9/23/98 - Public hearing date 10l23/98, notices mailed 9/23l98; 19M, 110 & 40EM/JL �II 1'Q Q 1CQ SC � � St. Paul dlbla Steve's Auto Body St. Pau ^ City's Exh. No. 3 —' License Group Conditions Text Licensee: STEVE'S AUTO BODY ST PAUL INC �BA. STEVE'S AUTO BODY ST PAUL INC Liceese #: 1g980000406 04/OSl2000 �� 9�a 1. Parking, manuevering, customer vehicle storage and dumpster location shall be as shown on the site plan on file with LIEP, dated 6!5/98. 2. The dumpster shall be enclosed with a 6'-0" high wood obscuring fence by October 2, 1998. 3. There shall be no eMerior storage other than the parking of customer/ employee vehicles. 1 St. Paul d/bla Steve's Auto Body St. Pau — City's E�. No. 2 — Db-9�� CITY OF SA1NT PAUL INTERDEPARTMENTAL MEMORANDUM DATE: 4/4/00 TO: Ginger Palmer FROM: Kris Schweinler+��' RE: Steve's Auto Body Ginger, As of the date of the picture the licensee Steve Hakula was not in compliance with the conditions of his license yet. I did talk to a Leroy Bobick who said he was a pariner of Steve's and that they now had it as clean as they could get it. I told him that I would be out in the next few days to check on it and take more pictures. That there should be no outdoar storage of anything and no parts being stored in inoperable vehicles. He did say that some of the stuff is the properiy owner and that they had no control of that. I told him they would be responsible as the licensee. He seemed to understand and said they would comply. -..'=a ;::;"�.; St. Paul d(b/a Steve's Auto Body St. Pau — City's Exh. No. 9 — ,` : �- �� ` - i,, �-: � _ k� ` �: a � _ �.1 s ''i � � � � - '�';'�( `:; i - �" �� ' ` �� . . �� A n §/ `t' _ ��...• . �, — �s�ic�*. . - : �\:.�__ � . .. < _ — y_- � , .. _._ .. -,_ . .. ..� i. -� . . . ....� ' ( .. C � ! �; � • OFFIC�F Tf� CITY ATTORNEY Cloyton M. Robirzson, Jr„ CityAt[omey 91 h�� L'y� !/!/ �J �i CITY OF SAINT PAUL Narm Colemun, Mayor �� March 17, 2000 Steven Hakala Steve's Auto Body 1196 E. 7�' Street Saint Paul, NIN 55106 Civil Division 400 Ciry Hal1 IS West Kellogg Blvd Saint Paul, Minnesota SSIO2 Telephane: 651 266-8 i IO F¢csimile: 65! 198-5619 RE: Auto Body Repair Gazage License heid by Steve's Auto Body St. Paul, Inc. d/b/a Steve's Auto Body for the premises at 1196 E. 7`� Street License ID #: 19980000406 Deaz Mr. Hakala: As you know, the Saint Paul City Council imposed adverse action against the licenses held by you at 1196 E. 7"' Street by action on January 12, 2000. The Council resolution, a copy of which was provided to you, states that you have one week from the passage of the resolution to bring the properiy into compliance with the conditions on the license. Failure to comply could subject you to the remaining fifteen days suspension, which was stayed for 18 months. On February 17, 2000 and on March 2, 2000 an inspector viewed the property and observed that, despite the fact that you have done a lot of cleaning up, there aze still violations of the condition relating to no outdoor storage. It is extremely important that you remedy this problem immediately, and that you be in compiiance with all of the conditions on your license, or the Office of License, Inspections and Environxnental Protection will have no option but to again recommend adverse action against your license. If you have any questions at all about the conditions on your license, piease contact LIEP to discuss them. Sincerely, J�� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director of LIEP Christine Rozek, Deputy Director � St. Paul d/b/a Steve's Auto Body St. Pau — City's Exh. No. 8 — 0�-95� . ., .. • � • : : u�_ ►r : ui u � : �� 1� DATE: 3/7/2000 TO:Ginger Palmer , FROM: Kris Schweinler�J RE:Steve's Auto Body Ginger, Attached are some pictures I took on 217/2000 and 3/2/2000 of the property at 1196 E.7th St. D.B.A. Steve's Auto Body. They have cleaned out a great deal but I still believe they are in violation of the outdoor storage of parts and inoperable vehicles. Please let me know as to how to proceed on this matter. Cc: Christine Rozek/Deputy Director �� Y ssia' :�s�` � '.,•'. � �, ��.. �. :. t � � � s { � .. � . 6 y . ' ,. ` .. . . .-. :... �, �St. Paul d/b/a Steve's Au to Body�$t p�aul � — City's Exh. No. 5 — ' � OFFICEO�:ENSE,I<\*SPECTIONSAND ��—�� ENVII20NMENTAL PROTECTION Robe,t Kess[er, Direaor CITY OF SAINT PAUL Norm Ca[eman, Mayor T3T1Uary 25� 2�� Steven Hakala, Vice President Steve's Auto Body St. Paul Inc. 1196 East 7`" Street Saint Paul, NIN 55106 Dear Mr. Hakala: Talepiene: fi512669090 Fncv�dle: 651-26(r9099 651-26G9124 • ';� : a �.{�1 �, Enclosed is a copy of City Council Resolution Number 00-34 which suspends the Auto Body Repair Garage license issued to you by the City of Saint Paul for a period of thirty (30) days with fifteen (15) days stayed for a period of eighteen (18) months and imposes a fine of $500.00 for the foilowing violation: Violation of conditions placed on the license. The suspension and fine was adopted by the City Council in final written form at the CounciPs regular meeting on Jannary 12, 2000. The effect of this notice is that no business operations shall be permitted for fifteen days beginning at 12:01 a.m. on Wednesday, February 2, 2000 through 11:59 p.m. Wednesday, February 16, 2000. This is a sedous matter that demands your adherence. Absolutely no auto repairs shall be permitted on the licensed premises during this whole period. Also, a fine in the amount of $500.00 is due for the above mentioned offense which is payable no later than the close of business (430 p.m.) on Friday, February 11, 2000. Please contact me at 266-9108 if you have any questions regarding this matter. Sincerely, C J' "'�"' LC.�-� / � Christine Rozek Deputy Director cc: Commander Dennis Jensen, SPPD-Eastern Dishict Robert Kessler, Director-LIEP Peter Pangbom, Legal Assistant Kris Schweinler, Senior License Inspector IAWRY PROFESSIONAL BUbDING Suite 300 350 Se. Peter Street Sairu Paul, Minnesota SSIO2-I510 NOTICE OF LICENSE SUSPENSION AND IMPOSITION OF FINE � � � St. Paul dlb/a Steve's Auto Body St Pau — City's Exh. No. 4 — OR1��INAL Presznted By Refened To Committee: Date 1 RESOLVED, that the auto body repair saza�e license held by Steve's Auto. Body St. 2 Paul, Inc. d/b/a Steve's Auto Body (License ID7 19980000406), for the premises at 1196 E. 7�' 3 Street, is hereby suspended for a period of thirty day �for violation of conditions placed on the 4 license. � �>ti �5 �l� t � �z�s <- s ��, �r:,'; ° ,�' � � �`t\ eC\ cl F� � — ` i � �' � � RESOLUTION CITY OF SAI��iT PAUL, NIIlVNESOTA Counci] File = 00 —�y GreenSheei= — 104497� Ul/"1-J(� 3a ce,.�,,, 6 FURTHER RESCLVED, that said suspension sha71 be stayed for a period of ei�hteen i m„ � } � 7 months on the followinQ �onditions: 1) that the property is brouaht into compliance with the 8 conditions on the license �,�Zthin one week from the passage of this Resolution; 2) that there be no 10 I1 12 13 14 IS 16 17 furtlier viofations of the c�nditions on the Iicense or other code or zonin� violations durin� the ei�hteen months; and 3) �:at the licensee pay a fine of $�00, said fine to be paid to the Office of License, Inspections and �nvironmental Protection within thirty (30) days of the adoption of this resolution by ttze Council and si�nature by the Mayor. This Resolution and the action of the Council in this matter aze based upon the facts contained in the September 13, 1999 letter to the licensee from LIEP, the October 28, 1999 Notice of Violation letter to the licensee, and such azguments as may have been presented to the Council at the public hearin�. The licensee did not contest the facts. Recvested by DeFartment of: � r';J�t�f;� � �� Fozm Annroved by City Attorn By: ✓ ��CL�.L / � .�t Aonroved by Mayor for Sc:bmissicn Co Cocncil By: ��__��=_� � "Y: Anproved by Mayor: Date By: _ _ ._ Adcated by Cou^.c:'_: Date �\.�\\ �.� aC0 "O Adootion Certi.ied 5y C�.ssici3�ecretary September 1, 2000 Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Boulevard S±. Pau!, Minnesota 55102 � � 1 �� 2ECEIVED ��' � 5 2�Q0 ClTY CLERK Re: In the Matter of the Auto Body Repair Garage License Held by Steve's Auto Body Inc.; OAH Docket No. 6-2119-12951-3. Dear Mr. Owusu: Enclosed is a copy of tape recording of the hearing in the above-referenced matter. The Findings of Fact and record were returned to you on August 31, 2000. Sincerely, ��'� SANDRA A. HAVEN Administrator of Office Services Telephone: 612/34 9 -7642 sh Enc. STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section &Administrative Services (612) 341-7600 �TTY No. (612) 341-7346� Fax No. (612) 349-2665 .�. ,.. �.i; ,� ;;:.. .;;� (� ., . ; ' .,, , �, d :,,_ - �,. �i� t � t��, _ - / . � � / -� . i� � .� � j � _ , �- •� .' `I` � � ..L . Y�:�V�' �'` ,.. !'��. � : . . �g; , i��` • � . , v� � .. . . . . ��`:.. � _�� _ ' . � \ �'t*."4`i�^i �� ^ _. � � � ' �'; n +,. 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' > O��I��I 1j�j� � � . m ��s�a eemA°se�ye��e�� P� i 't � p��a��i�os � � . � � �� se a a � . F�> o�o� �s�. _ i f �,��,�0oo��m�E 1! ' �i v �°��e��i�,<>. � i; �t A,,,��fiJ� �� . � ri s '' < � �� 4� . � , E 3 3R ��2,. �: � p . ��': ��)�� I < �>>va`cr��F�< i7„ �f` lslE>��:. � I � . .�.u. ,� e<sa. � �, �, �� _ `f . " f!i � i� z / ) t ��) > j ')� (� . i. .e.. � 4 �:i .� � � .ir ,'�;� � � � ;:. � `'>s ,� ',�� . \ � 3��- , )� � �° ad �.: 9 �A..,f:' �, i ��,c;`-ZE� A':1 � S-:<; �::� �, — � —�_! � , � ,: � ,�:, f � . �� o os�;9+�� ' D`O a'� @ peg� �. >�'��'i3 ti��. �. � `��'oaf>e �oe � '�r.no+ • D P. 0.0 P�6�9E'. �.� � p�A��Deq�O�O�p'��' �aooYOe�c?' .: I D0<�0�O0Q04e�iV�e. o�a� ., +�ama,�� e °.i�� r t . 3ao�� I �Ji•i,� , �+ � '� �, '� L ,,.i��. � i� �� '" !l ; �i�t i,`�� . ', i 1 ;�� i,' ' : � B I ' l �� f' / � a I j I � h� �e � � 1 � 1 , :t;1 I . / �! I� �/ I� I �� p �A �: r -��-�-� YQ(di . _...__ . �v 'c� O�� p�� 3�0� a:�:� '�B�d � 1 �P� ' � ;" . ;. i i i \� i \I oR«iNA� Sv.�os�:�'�.�L - O�fi. �\, �000 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Council File # Q p�'95 Q GreenSheet# (OGdrl� Committee: Date RESOLVED, that the auto repair garage license held by Steve's Auto Body St. Paul, Inc., d/b/a Steve's Auto Body St. Paul, is hereby denied, based upon his failure to comply with the conditions set forth on his license. 4 5 FURTHER RESOLVED, that the findings of fact, conclusions of law and memorandum 6 contained in the ALJ Report in this case, dated August 31, 2000, are expressly ratified and 7 adopted as the written fmdings and conclusions of the Council in the matter, with the following 8 amendments: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1. A new Finding of Pact No. 18 is hereby adopted to read as follows: "18. Efforts b�LIEP staff to monitor compliance with the conditions on Mr. Hakala's license have required an excessive use of staff time, and have not succeeded in brinQin¢ the �ronertv into compliance with the conditions." 2. A new Finding of Fact No. 19 is hereby adopted to read as follows: "19. The licensee will not be able to com�ly with the conditions relatin� to outside stora�e at this location because of space limitations." This Resolution is based on the record of the proceedings before the Administrative Law 7udge, inciuding the hearing on 7uly 18, 2000, the documents and e�ibits introduced therein, and the deliberations of the Counci] in open session on September�5; 2000. i�7 1 2 A copy of this Resolution, as adopted, shall be sent by first class mail to the 3 Adminisirative Law Judge and to the Licensee. ORIGINAL Requested by Department of: By: App. By: By: Foxm Approved by City Attorney By: Approved by Mayor for Submission to Council By: Adopted by Council: Date l�''S \\. 1Q�D .�`- Adoption Certified by Council Secretary n.. QGEf D�Af2TMINTlOFFICElCOUNCIL DATEWrtNTED - �� ' •— _ ci Attorne October4 2000 GREEN SHEET No 106074 CONTACT P92SON & RqNE � InxbYO�b, NmYlOab VirginiaPalmer 266-8710 ,�,,,,,,, p,,.� MUST BE ON COUNCILAGEI�VI BY (p4T� October ll, 2000 - Consent AE° �" xu�etson rnr.,,onar arrmuc aouretc artnv� � w�wr�tuxwusuc wwew�ac�acara " ❑rn+w�roR�*+sown ❑ TOTAC # OF SIGNANRE PAGES (CLJP ALL LOCATIONS FOR SIGNATURE) criorr REauESTm Memorializing the decision of the City Council revoking the Auto Body Repair Garage License held by Steve's Auto Body St. Paul, Inc., dba Steve's Auto Body St. Paul, 1196 East 7th Street. (Public hearing held September 27, 2000) RE MMENDATI ApplOVO A) Of ROJBM () PERSONALSERVlCE CONiRAC75 MUSTANSWER 7HE FOLLOMlIN6 QUESiIOIiSe 1. HasihieP��everxot�ceduMwacaOraetSartYircdepaAmeN? PLANNING CAMMISSION YES NO CIB COMMI7TEE 2. ties ihis pereoNGrm ever bean a dty empoyee4 CML SERVICE COMMISSION v6 NO 3. Ooec thie P�rm Pweea� a sltill rwt riormal�YP�aessed M anY curteM cilY emPbY�7 YES NO 4. la thia pe�eorvRrm a tar0etad vendaR YES NO � Fxqain dl 1� �xers on eeP�e shee� a� aGach b preen she� INITIATING PROBLEM ISSUE, OPPORNNI7Y (Wlw, Whet, When, Where, Why) ADVPNTAGESIFAPPROVED . - , . �✓�Sl��°'s's �°u�`2a'��`..,°1 v�;lt.Fi� ��&�� DISADVANTAGES IF APPROVED DISADVAMAGES IF NOT APPROVED TOTAL AMOUN70F TRANSACT�ON S COST/ItEVDlUE BUD6ETm (GRCLE ONh7 YES NO FUNDIN6 SOURCE ACTNRV NUF�ER FlWWCW. WFORMAiION (IXPWNj ORIGINAL RESOLUTION CTTY OF SAINT PAUL, NIINNESOTA Presented By Referred To Council File # 00 � 9 $ O Cneen Sheet # � - � t-f I lq Committee: Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RESOLVED, that the auto repair garage license held by Steve's A o Body St. Paul, Inc., d16/a Steve's Auto Body St. Paul, is hereby denied, based upon his ailure to comply with the conditions set forth on his license, and a fine of $1,000 is imposed, pon the licensee. FURTHER RESOLVED, that the fmdings of fact, contained in the ALJ Report in this case, dated August 31, adopted as the written findings and conclusions of the Cou amendments: l. A new Finding of Fact No. 18 is hereby � 2. A new Finding of Fact No. 19 is m m This Resolurion is based o the record of the proceedings before the Admuustrative Law Judge, including the hearing on ly 18, 2000, the documents and e�ibits introduced therein, and the deliberations of the Co cil in open session on September a�, 2000. �bns of law and memorandum �re expressly ratified and the matter, with the following to read as follows: n adopted to read as follows: 1 2 3 A copy of this Resolution, as adopted, shall be sent by first class mail to the ��'� � Administrative Law Judge and to the Licensee. ORIvfNAL Requested by Department of: By: Form Approved by City Adopted by Council Adoption / Date by Council Secretary By: Approved by Mayor for Submission to Council Hy: ay: Approved by Mayor: Date By: CIT'Y OF SAINT PAUL Nnrm Coleman, Mayor September 7, 2000 Steven Hakala Steve's Auto Body 1196 E. 7"' Street Saint Paul, Minnesota 55106 NOTICE OF COUNCIL HEARING SEP 0 7 2000 RE: Auto Body Repair Garage License Held by Steve's Auto Body St. Paul, Inc. d/b/a Steve's Auto Body, for the premises at 1196 E. 7`� Street License ID #: 19980000406 Dear Mr. Hakala: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned license has been scheduled for 5:30 p.m., Wednesday, September 27, 2000, 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 time during normal business hours. You may also present oral or written argument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law 7udge 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 @iscretion. Sincerely, v � ��✓�w'� Virgima� r Assistant City Attomey cc: Steven Hakala, 1204 East 7"' Street, St. Paul, MN 55106 Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP John Vaughn, Community Organizer, Dayton's Biuff District 4 Community Council, 281 Maria Ave., St. Paul, MN 55106 OFFICE OF THE CTTY ATTORNEY C/ayma M. Robinson, Jr., Ciry Atmrnry L1 � - r Civil Division 400 Ciry Hall IS Wesr Kellogg BZvd. Saint Paul, Minnuota 55102 ��—`fsa Te[ephone: 65! 266-8710 Fncsimile: 651298-56I9 Go�Er!c� Rgse�rch Cer,ter eb -� �a 6-2111-12951-3 STATE OF MINNESOTA OFFICE OFADMINISTRAT(VE HEARiNGS FOR THE SAINT PAUL CITY COUNCIL In the Matter of the Auto Body Repair Garage License held by Steve's Auto Body St. Paui Inc., dba Steve's Auto Sody St. Paul FINDINGS OF FACT CONCLUSIONS OF LAW RECOMMENDATION AND MEMORANDUM This matter was heard by Allan W. Kiein, Administrative Law Judge, on the morning of July 18, 2000 in the St. Paul City Hal(. Appearing on behalf of the City of Saint Pau1 and its O�ce ofi License, Inspecfions and Environmental Protection was Virginia D. Palmer, Assistant Cify Attorney, 400 City Hail, 15 W. Kellogg Bouievard, St. Paul, Minnesota 55102. Appearing on behalf of Steve's Auto Body St. Paui Inc. was Steve Hakala, 1204 E. 7 Street, St. Paul, Minnesota 55106. Mr. Hakala appeared without benefit of counsel. The record closed at the end of the hearing on July 18, 2000. NOTICE Nofice is hereby given that this Report is a recommendation, not a final decision. The Saint Paui City Councii will make the final decision after review of fhe record. The City Council may adopt, reject, or modify these Findings of Fact, Gonclusions, and Recommendations. Under Section 310.05(c)(c-1) of the City's Legisiative Code, the City Councii will provide the applicant fhe opportunity to present oral or written argument to the City Council before it takes finai action. Parties shouid contact the St. Paul City Council to determine the procedure for filing exceptions or presenting argument to the Council. STATEMENT OF iSSUE Has Steve's Auto Body violafed the conditions of i{s license so as to warrant disciplinary acfion by the Cify Councii? Based upon all of the proceedings herein, the Administrative Laµi Judge makes the following: dG -q5o FINDINGS OF FACT 1. Steve's Auto Body St. Paul is located at 1196 E. 7 Street in St. Paul. If has been in operation there for approximately iwo and one ha�f years (2 '/z) years. it is in the business of aufo body repair, primarily the fields of fixing wrecks (both smail and large), along with associated work such as rusi removal, and painting. 2. The premises af 1196 E. 7 Street are owned by a Roy Berger. He occasionaily helps Mr. Hakala, but he is not a partner or an investor +n the business. It is anticipated fhat Mr. Nakala will buy the building from Mr. Berger around the end of the year. Mr. Hakala has been renting the front of the building and ihe inside of the building from Mr. Berger. The building is small, housing only 5 stalls, one of which is used by Berger. 3. On November 23, 1998, the City Council approved Hakala's license application but imposed conditions upon the license. The condition at issue in this Hearing read as fo�lows: "There shali be no exterior storage ofher than the parking of customer/employee vehicles". 4. On September 13, 1999, Senior Inspector Kris Schweinler wrofe a letter to Hakala, indicating that he was not in compliance with a number of conditions, including the condition that there be no exterior storage. He was given until September 30, 1999 to comply. 5. On October 28, 199�9, the City Attorney's Office issued a notice of violation for failure to comply with license conditions. AA of this cu{minated on January 12, 2000, when the Council passed CF 00-34, imposing a$500 fine and ciosure of Steve's for fifteen (15) days with an additional fifteen (15) days stayed so long as the Licensee had no more violations for eighteen (18) months. The properly was to be cleaned up within seven (7) days of passage of fhe resolution. Results of this Council action were formally served on Steve's on January 27, 2000. The business was to be closed between February 2 and February 16, 2000, and the $500 fine was to be paid by February 11, 2000. The busin�ss was, in fact, closed befi�veen Februay 2 and February 16, 2000, and the $500 fine was paid on February 11, 2Q0�. 6. On February 17, 2000, Inspectos Schweinier inspeeted the faci{ity and took photographs� The photographs show a total of 9 cars or trucks parked in the parking area in front of the building. One ofi the trucks is a pick-up truck with a tarpaulin over the back box. In the winter, it is used to plow snow. It is also used fo store tools ' Photographs are in evidence as City's Exhibit 6A-6F. �0-qs ihat used fo belong to Hakala's fafher. Behind the building fhere was an inoperable vehicle and a biue/green tow truck on one side of the back fot? 1n the center of the back lot, up against the building, were pieces of scaffolding, one of which had wood stacked on top of it On the ieft side of the back lot are a whife car (which appears to have been recently driven), a utility trailer with material inside of if, and another truck which had not been recently driven. 7. On March 2, 2000, Schweinler returned to view the premises again. The firont parking lot was again fiull. in addifion to the 8 cars and frucks there, a chassis (with axles and 4 wheels attached) was sitting between some parked cars and the sidewalk. In the back, the scaffolding now held even more debris, and the same vehic{es, the inoperable car and the bfue tow truck, were on the right side of the lot, in the same locations as they had been on February 17. In front of them, and blocking their movement, was now a rusted old (late 1940's?) car whose front panei had been removed exposing the engine. On the left hand side of the back lot, the white car and the other truck appeared to be in the same position they had been on February 17. 8. On March 7, 2000, Schweinier transmitted the pictures from February 17, and March 2, 2000 to the City Attorney's Office, Schweinler noted fhat Steve's had "cleaned out a great dea4" but believed fhat they were still in violation of the outdoor storage of parts and inoperabie vehicles. 9. On March 17, 2000, Virginia D. Paimer, Assistant City Attorney, informeci Mr. Hakala that, despite the fact that he had done "a lot of cleaning up", there were stiil vialations of conditions re4ated to no oufdoor storage. She informed Hakaia that it was extremely important that this problem be remedied immediately, or else the City wouid have no option but to again recommend adverse action against his license. 10. On March 23, 2000, Inspecfor Schweinler again visifed the premises. ?here is no evidence with regard fo fhe condition of the front of the lot, but in the back of the lof, there had been no change. A photograph� taken on March 23 demonstrates the inoperable car and the truck on the right side of the lot, blocked in by the blue car. The scafFoid and the wood debris are still present. 11. On Aprii 4, 20fl0, inspector Schweinler informed the City Attorney's Office that Hakala was still nof in compliance with the conditions of his license, based on the March 23 inspection, and that she had toid a Leroy Bobick (who she spoke with on March 23, and who claimed to be a partner of Hakala's) that there could be no outdoor Z This tow truck belongs to Mr. Berger. 3 The scaffolding and the wood belong to Mr. Berger. 4 This white car is a customer's car which came in for repairs, some money was paid and some work done, but the work stopped until more money was paid. It was finally removed in mid-dune. 5 This chassis was part of a restoration job. The body of the car was taken off of the chassis and was being worked o� (nside fhe 6ui(ding. The chassis was ieft outside for about one month. 6 Exhibit 5. 7 Attached to Cify Exhibif 9. oo_qso storage of anything and no parts being stored in inoperable vehicies, and that fhey were not in compiiance and she would be ouf again to check on their progress 9 On April 28 Schweinier again re-inspected fhe premises, and determined that they were still not in compliance. She noted "junked cars and parts in front and back."' 12. On May 17, fhe CityAttorney notified Hakala that LIEP had recommended adverse acfion against the license based upon fhe violation of the license condition that there be no exterior storage on the properfy ofher than the parking of customer and/or employee vehicles.�� 13. On May 24, Hakala responded, indicating that all of the vehicles stored on the premises were either customer or employee vehicles. Hakala indicated that the truck and one car belonged to the owner of the property, Roy Berger, and are licensed to that address. He went on to expiain: It is virtuaily impossibie for a buiiding this smali to store ali parts for damaged vehicies inside al4 day {ong u�hi{e working on such vehicles. We have Senior Inspectors go by many times. They aiways come by during the day, when we are or had been working on vehicles outside. We have a guy who comes by once a week to pick up junk parts. The parking lots have been cleaned and free of any junk parts many times.' 14. Following some other procedural correspondence, a Notice of and Hearing was issued on June 22, setting a hearing for Jufy 18, 2000. The Hearing took place on that date. 15. On July 13, 2000, �Inspector Schweinler returned to the property one last time. She took no photos of the front of the property, but did take photos of tfie back area. On the right hand side of the back area, fhe inoperable car with the flat tire is gone, but the tow truck is still evident. Between the tow truck and the back of the property was a washer and dryer. In the center of the back area was a 55 gallon drum with debris in it, plus approximately 12 tires. Some of the tires were piled on top of each other, but others were lying around at random. There was a bright blue plastic one- qua�i oil container (or similar plastic cantainer) inside one of tne tires, and there were strips of insulation (or perhaps brake lining) lying in the lof. On the leff side of the lot was a large white piece of sheet metal, and ofher unidentified debris. $ This car, which has been presenf in ali of the photographs, has a fiat tire which has been flat from February 17 to at least March 23. 9 Exhibit 9. 10 Exhibit 10. " Exhibit 11. 12 City Exhibit 12. ao _gso 16. At the time of the March visit and af the time of the July visit, there was a large (approximately 4 x 6 foot square} piece of white sheet metal stored outside the building, in the back. This sheet mefal was a part which was to be used in the restoration ofi the trunk ofi the white car. 17. LIEP is recommending fhat fhe Council suspend the license for an additional 30 days, liftthe stay of imposition on the 15 days stiil pending firom the first Council action, and impose a fine of $1,000. LIEP believe fhat imposing fhis increase � penaity on Hakala is necessary in order to "gef his attention" and get him to take whatever actions are necessary to stay within fhe condition of his {icense. 18. When fhe Ciiy issued the Notice of Hearing on June 23, 2000, it sent a copy to John Vaughn, the Community Organizer for District �4 Community Council (Dayton's Bluff}. On July 12, 2000, the Administrafive Law Judge received a letter from Mr. Vaughn on behalf of the Gommunity Council's Board of Directors. The letter sets forth the history of conditions, suspension and fine. It concludes with a recommendaiion that the facility be permanently closed. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the follawing: CONCLUSIONS 1. The St. Paui City Council and fhe Adminisfrative Law Judge have jurisdiction in this matter pursuant to Section 310.05 of the St. Pau1 Legislative Code and Minn. Stat. § 14.55 (1998). : 2. The City has given proper notice of the hearing in this matter and has fulfilled all relevant, substantive and procedural requirements of law or rule. 3. The City bears the burden of proving, by a preponderance of the evidence, that adverse action is warranted with respect to the Licensee's Aufo Repair Garage License. 4. Chapier 310 of the St. Paui Legls(ative Gode contains general provisions relating to licenses issued by the City. Section 310.06(b)(5) provides that adverse action may be taken when "[t]he licensee or applicant has failed to comply with any condition set forth in the license, or sef forth in the resolution granting or renewing the license." Adverse action is defined in Section 310.01 fo include fines, imposition of conditions, suspensions of a license, or revocafion of a license. 5. The City demonstrated, by a preponderance of the evidence, that the licensee failed to compiy with the conditions set forfh in Council Fife #Op-34, as amended. Specifically, the City showed fhat the Licensee stored wood, parts, inaperab{e vah+cies, frash and other debris on the exterior of fhe property. 00 -�Ls� Based upon the foregoing Conclusions, the Administrative Law Judge makes fhe following: RECOMMENDATION The Administrafive Law Judge HEREBY RESPECTFULLY RECOMMENDS fhat the Councii takes ADVERSE action against the License of Sfeve's Auto Body St. Paul, Inc., d/b/a Steve's Auto Body. Dated this �( S� day of August 2000. Reported: Taped C�`t� � . �`•r-�" ALLAN W. KLEfN Administrative Law Judge MEMORANDUM The real problem here is that Mr. Hakala needs much more space for his style of operation. He needs to either move to a larger building, rent additional storage space elsewhere, enlarge the buiiding, or build a storage shed. Such actions are needed to compiy with the Ciiy Council's conditions. The amount of space inside fhe buifding is simply inadequate, and the solution used fo date, to store things outside the building, is exactly what the City Council was trying to avoid. Although Mr. Hakala has improved the condition of the property signi icantly over th2 past few months, if would appear that some sort of major ct�ange is necessary if he is going to comply witn the Councii's conditions and continue in business. oa -`�S`� STATE OF MINNESOTA OFFICE OF AD1ViINISTRATIVE HEARTNGS 100 Washington Square, Suite 1700 700 Washington Avenue South Minneapofis, Minnesota 55401-2135 August 31, 2000 ry p "�..p..r��. (' .�n+? ♦ b6Y:.�MY. I�`n.dvG� t �...i�i..! Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, MN 55102 �6� � P7 L�� RE: In the Matter of the Auto Body Repair Garage License held by Steve's Auto Body St. Paul inc., d/b/a Steve's Auto Body St. Paul; OAH Docket No. 6-2111-12951-3 Dear Mr. Owusu: Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conciusions of Law, Recommendation and Memorandum in the above-entitled matter. Also, enclosed is the officiai record, with the exception of the tape recording of the hearing which will be sent to you under separate cover. If you would like a transcript, please contact our office in writing or telephone (612) 341-7642. Our file in this matter is now being closed. Sincerely, C�.�,�2� � `�,�;�/�- ALLAN W. KLE1N Administrative Law Judge Telephone: 612/341-7609 AWK:aws Enclosures cc: Visginia D. Palmer Steve Hakala �tE�EIYCi� �EP � 1 2D00 CfTY CLERK Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section &Administrative Services (612) 341-7600 eTTY No. {612) 341-7346s Fax No. (612) 3494665 do-5�o STATE OF MINNESOTA) ) ss COUNTY OF HENNEPiN) AFFIDAVIT OF SERViCE BY U.S. MAiL Debra S. Aws, being first duly sworn, hereby deposes and says that on the 31 day of August, 2000, at the City of Minneapolis, county and state aforementioned, she served the attached Findings of Fact, Conclusions of Law, Recommendation, and Memorandum; Docket No. 6-2111-12951-3 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properiy enveloped, with first class postage prepaid and addressed to the individuals named herein. Fred Owusu, City Cierk 170 City Hall 15 West Keliogg Boulevard St. Paul, MN 55102 Steve Hakala 1204 E. 7 Street St. Paul, MN 55106 Virginia D. Palmer Assistant City Attomey Office of License Inspections and Environmental Protection 400 City Half 15 W. Kellogg Boulevard St. Paul, MN 55102 �.u,��.a� Debra S. Aws Subscribed and sworn to� me this � I sf day of h-lk�t US� 2000. " l.J � ��-�. - ,�� Notary blic # �°°`•. CYNTHiAA. RINGDAN� norun rueuc - �T� 4 • MY CAMMISS40N IXPlRES �� JANUARY 31.2Q05 ao-�so 6-2111-12951-3 STATE OF MiNNESOTA OFFICE OF ADMINIST4�ATIVE NEARINGS FOR THE SAINT PAUL CITY COUNCIL In the Matter of the Auto Body Repair Garage License held by Steve's Auto Body St. Paui inc., dba Steve's Auto Body St. Paul FINDINGS OF FACT. CONCLUSIONS OF LAW. RECOMMENDATION AND MEMORANDUM This matter was heard by Allan W. Klein, Administrative Law Judge, on the morning of July 18, 2�� in the St. Paul City Hall. Appearing on behalf of the City of Saint Paul and its Office of License, Inspections and Environmental Protection was Virginia D. Palmer, Assistant City Attorney, 400 City Hail, 15 W. Kellogg Boulevard, St. Paui, Minnesota 55102. Appearing on behalf of Steve's Auto Body St. Paul Inc. was Steve Hakala, 1204 E. 7 Street, St. Paul, Minnesota 55106. Mr. Hakala appeared without benefit of counsel. The record ciosed at the end of the hearing on July 18, 2000. NOTICE Notice is hereby given that this Report is a recommendation, not a frnal decision. The Saint Paul City Council wiil make the final decision after review of the record. The City Council may adopt, reject, or modify these Findings of Fact, Conclusions, and Recommendations. Under Section 310.05(c)(c-1) of the City's Legislative Code, the City Council will provide the appficant the opportunity to present oral or written argument to the City Council before it takes final action. Parties shou(d contact the St. Paul City Council to determine the procedure for filing exceptions or presenting argument to the Council. STATEMENT OF ISSUE Has Steve's Auto Body violated the conditions of its license so as to warrant d'+sciplinary action by the City Council? Based upon ail of the proceedings herein, the Administrative Law Judge makes the following: � � � ASO F1NDiNGS OF FACT 1. Sfeve's Auto Body St. Paul is located at 1196 E. 7 Street in St. Paul. It has been in operation there for approximately iwo and one half years (2 %) years. It is in the business of auto body repair, primarily the fields of fixing wrecks (both small and large), along with associated work such as rust removai, and painting. 2. The premises af 1196 E. 7 Street are owned by a Roy Berger. He occasionally helps Mr. Hakala, but he is not a partner or an investor in the business. It is anticipated that Mr. Hakala will buy the building from Mr. Berger around the end of the year. Mr. Hakala has been renting the front of the building and the inside of the building from Mr. Berger. The bvilding is smali, housing oniy 5 stafis, one of which is used by Berger. 3. On November 23, 1998, the City Council approved Hakala's license application but imposed conditions upon the license. The condition at issue in this Hearing read as foliows: "There shall be no e�erior storage other than the parking of customer/employee vehicles". 4. On September 13, 1999, Senior Inspector Kris Schweinler wrote a letter to Hakala, indicating that he was not in compliance with a number of conditions, including the condition that there be no e>cterior storage. He was given until September 30, 1999 to compiy. 5. On October 28, 1999, the City Attorney's Office issued a notice of violation for failure to compiy witfi license conditions. All of this culminated on January 12, 2000, when the Council passed CF 00-34, imposing a$500 fine and ciosure of Steve's for fifteen (15) days with an additional fifteen (15) days stayed so long as the Licensee had no more violations for eighteen (18) months. The property was to be cieaned up within seven (7) days of passage of the resolution. Results of this Councii action were formally served on Steve's on January 27, 2000. The business was to be closed between February 2 and February 16, 2d00, and the $500 fine was to be paid by Febsuary 11, 2000. The business was, in fact, closed between February 2 and February 16, 2000, and the $500 fine was paid on February 11, 2000. 6. On February 17, 2000, Inspector Schweinler inspected the facility and took photographs' The photographs show a total ofi 9 cars or trucks parked in the parking area in front of the bui{ding. One of the trucks is a pick-up truck wifh a tarpaufin over the back box. In the winter, it is used to plow snow. lt is also used to store too4s ' Photographs are in evidence as City's Exhibit 6A-6F. �� So that used to belong to Hakala's father. Behind the buiiding there was an inoperable vehicle and a biue/green tow truck on one side of the back Iot. In the center of the back lot, up against the building, were pieces of scaffolding, one of which had wood stacked on top of if. On the left side of the back lot are a white car (which appears to have been recently driven),` a utility trailer with material inside of it, and another truck which had not been recently driven. 7. On March 2, 2000, Schweinier returned to view the premises again. The front parking lot was again fuil. In addition to the 8 cars and trucks there, a chassis (with axles and 4 wheels attached) was sitting between some parked cars and the sidewalk. In the back, the scaffoiding now held even more debris, and the same vehicles, the inoperable car and the blue tow truck, were on the right side ofi the lot, in the same locations as they had been on February 17. In front of them, and blocking their movement, was now a rusted old (late 1940's?) car whose front panel had been removed exposing the engine. On the left hand side of Yhe back lot, the white car and the other truck appeared to be in the same position they had been on February 17. 8. On March 7, 2000, Schweinler transmitted the pictures from February 17, and March 2, 2000 to the City Attorney's Office. Schweinier noted that Steve's had "cleaned out a great deal" but believed that they were stiil in violation of the outdoor storage of parts and inoperable vehicies 6 9. On March 17, 2000, Virginia D. Palmer, Assistant City Attorney, informed Mr. Hakala that, despite the fact that he had done "a lot of cleaning up", there were stili violations of conditions related to no outdoor storage. She informed Hakala that it was extremely important that this problem be remedied immediately, or else the City woufd have no option but to again recommend adverse action against his license. 10. On March 23, 2000, Inspector Schweinier again visited the premises. There is no evidence with regard to the condition of the front of the lot, but in the back of the lot, there had been no change. A photograph'taken on March 23 demonstrates the inoperable car and the truck on the right side of the lot, blocked in by the blue car. The scaffold and the wood debris are still present. 11. On April 4, 2000, Inspector Schweinler informed the Gity Attorney's Office that Hakala was still not in compliance with the conditions of his license, based on the March 23 inspection, and that she had toid a Leroy 8obick (who she spoke with on March 23, and who claimed to be a parkner of Hakala's) that there could be no outdoor 2 This tow truck belongs to Mr. Berger. 3 The scaffolding and the wood belong to Mr. Berger. ° This white car is a custome�'s car which came in for reQairs, some money was paid and some work done, but the work stopped until more money was paid. It was finally removed in mid-June. 5 This chassis was part of a restoration job. The body of the car was taken off ofi the chassis and was being worked on inside the building. The chassis was Ieft outside for about one month. 6 Exhibit 5. ' Attached to City Exhibit 9. aa—qSo storage of anything and no parts being stored in inoperabfe vehicles, and that they were not in compliance and she wouid be out again to check on their progress. On April 28 Schweinler again re-inspected fhe premises, and determined that they were stiil not in compliance. She noted junked cars and parts in front and back."' 12. On May 17, the City Attorney notified Hakala tfiat LfEP had recommended adverse action against the license based upon the violation of the license condition that there be no exterior storage on the property other than the parking of customer and/or empioyee vehicles.�� 13. On May 24, Hakala responded, indicating that all of the vehicles stored on the premises were either customer or employee vehicles. Hakala indicated that the truck and one car belonged to the owner of the property, Roy Berger, and are licensed to that address. He went on to explain: It is virtually impossible for a building this small to store ail parts for damaged vehicles inside all day long while working on such vehicles. We have Senior inspectors go by many times. They always come by during the day, when we are or had been working on vehicles outside. We have a guy who comes by once a week to pick up junk parts. The parking {ots have been cleaned and free of any junk parts many times.' 14. Foflowing some other procedural correspondence, a Notice of and Hearing was issued on June 22, setting a hearing for July 18, 2000. The Hearing took place on that date. 15. On .luly 13, 20Qo, Inspector Schweinler returned to the property one last time. She took no photos of the front of the property, but did take photos of the back area. On the right hand side of the back area, the inoperable car with the flat tire is gone, but the tow truck is still evident. Between the tow truck and the back of the property was a washer and dryer. In the center of the back area was a 55 gallon drum with debris in it, plus approximately 12 tires. Some of the tires were piled on top of each other, but others were lying around at random. There was a bright blue plastic one- quart oil containes (or similar plastic container} inside one of the tires, and there were strips of insulation (or perhaps brake lining) lying in the lot. On the left side of the lot was a large white piece of sheet metal, and other unidentified debris. 8 This car, which has been present in all of the photographs, has a flat tire which has been flat from February 17 to at least March 23. 9 Exhibit 9. t0 Exhibit 10. " Exhibit 11. t2 City Exhibit 12. 0a-�so 16. At fhe time of the March visit and at the time of the July visit, there was a large (approximately 4 x 6 foot square) piece of white sheet metal stored outside fhe building, in the back. This sheet metal was a part which was to be used in fhe restoration of the trunk of the white car. 17. LIEP is recommending that the Council suspend the license for an additional 30 days, lift the stay of imposition on the 15 days stili pending from the first Cour+ci4 action, and impose a fine of $1,000. LIEP believe that imposing this increase penalty on Hakala is necessary in order to "get his attention" and get him to take whatever actions are necessary to stay within the condition of his license. 18. When the City issued the Notice of Hearing on June 23, 2000, it sent a copy to John Vaughn, the Community Organizer for District #4 Community Council (Dayton's Bluffl. On July 12, 2000, the Administrative Law Judge received a letter from Mr. Vaughn on behalf of the Community Council's Board of Directors. The letter sets forth the history of conditions, suspension and fine. It concludes with a recommendation that the facility be permanently closed. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The St. Paul City Council and the Administrative �aw Judge have jurisdiction in this matter pursuant to Section 310.05 of the St. Paul Legislative Code and Minn. Stat. § 14.55 (1998). 2. The City has given proper notice of the hearing in this matter and has fulfilled all relevant, substantive and procedural requirements of law or rule. 3. The City bears the burden of proving, by a preponderance ofi the evidence, that adverse action is warranted with respect to the Licensee's Auto Repair Garage License. 4. Chapter 310 of the St. Paui Legislative Code contains general provisions relating to licenses issued by the City. Section 310.06(b)(5) provides that adverse action may be taken when "[t]he licensee or applicant has failed to comply with any condition set forth in the license, or set forth in the resolution granting or renewing the license." Adverse action is defined in Section 310.01 to inciude fines, imposition of conditions, suspensions of a license, or revocation of a I+cense. 5. The City demonstrated, by a preponderance of the evidence, that the licensee fiailed to compiy with the conditions set forth in Council File #00-34, as amended. Specifically, the Gity showed that the Licensee stored wood, parts, inoperable vehicles, trash and other debris on the exterior of the property. ao-qsv Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATfON The Administrative Law Judge HEREBY RESPECTFULLY RECOMMENDS that the Council takes ADVERSE action against the License of Steve's Auto Body St. Paul, Inc., d/b/a Steve's Auto Sody. Dated this �� S� day of August 2000. C,��- � . �`-��"- ALLAN W. KLEIN Administrative Law Judge Reported: Taped MEMORANDUM The real problem here is that Mr. Hakala needs much more space for his style of operation. He needs to either move to a larger building, rent additional storage space elsewhere, enlarge the building, or build a storage shed. Such actions are needed to comply with the City Council's conditions. The amount of space inside the building is simply inadequate, and the solution used to date, to store things outside the building, is exactly what the City Councii was trying to avoid. Although Mr. Hakaia has improved the condition of the properry significantiy over the past few months, it would appear that some sort of major change is necessary if he is going to comply with the Council's conditions and continue in business. � � � �- � � -q5o OFFICE OF ADNIINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PACJL In Re The Auto Body Repair Garage License Held By Steve's Auto Body St. Paul d/b/a Steve's Auto Body St. Paul July 18, 2000 CITY'S PROPOSED EXHIBITS TO: Judge Allan W. Klein, Administrative Law Judge, Office ofAdministrative Hearings, 100 Washington Squaze, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list of the City's proposed e�ibits for the Administrative Hearing on July 18, 2000. Exhibit No. E�. No. 1 E�. No. 2 Exh. No. 3 Exh. No. 4 E�. No. 5 E�. No. 6 E�. No. 7 Exh. No. 8 Description License Information Report, printed July 14, 2000 (1 p.); License Conditions for Steve's Auto Body St. Paul, printed Apri15, 2000 � P•)� License Comments, printed Apri15, 2000 (1 p.); Notice ofLicense Suspension and Imposition ofFine, dated January 25, 2000, with attached resolution, Council File # 00-34 (2 pp.); Memo from Kris Schweinler to Ginger Palmer, dated March 7, 2000 (1 p.); 6 photographs taken February 17, 2000; 8 photographs taken Mazch 2, 2000; Letter from Virginia Palmer to Steven Hakala, dated March 17, 2000 (1 p.); 00 -`� Each. No. 9 E�.I3o.10 E�. No. 11 E�. No. 12 E�. No. 13 E�. No. 14 E�. No. 15 Memo from Kris Schweinler to Ginger Palmer, dated April 4, 2000, with attached photograph taken March 23, 2000 (2 p.); E-mail from Kristina Schweinler to Ginger Palmer, dated May 9, 2000 (1 p.); Notice of Violarion, dated May 17, 2000, with Affidavit of Service �� PP•); Letter from Steven Hakala, dated May 24, 2000, with attached work orders t PP•); Letter from Virginia Palmer to Steven Hakala, dated June 14, 2Q00 (1 p.); Notice of Hearing, dated June 22, 2000, with Affidavit of Service � PP•)> 4 photographs taken July 13, 2000. Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legisiative Code § 310.06 Respectfuliy submitted this 18h day of July, 2000. _`�Lt�' � (� v d� Virginial . Palmer Assistant City Attorney Office of The City Attorney 400 Ciry Hall 15 West Kellogg Boulevazd Saint Paul, Minnesota 55102 (651)266-8710 0 U 5 Q � d m � a, x r W p N I� O �- � O d V N m ,� � N a � _o �I O �' a a� Q1 N ' � w'> C U ,'+. O .J ,Q .� � O � � H � `m c�i —� J ��Q F � �,� � O m U O J Q 0 , ',� r <p n i�'o 2'.p a� , o Ic. 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V�isit our weTi s�te,�t:�w.daytonsbluff.org �,_ 3uly 12, 2000 Allan W. Klein Office of Adminisirative Hearings 100 Washington Square, Suite 1700 Nlinneapolis, MN 55401 RE: Auto Body Repair Garage License held by Steve's Auto Body, Inc. at 1196 E. 7`�` Street. City ID #: 19980000406 Dear Judge Klein: I am writing on behalf of the Dayton's Bluff community and at the request of the Dayton's B1uff District Four Community Council Board of Directors. Mr. Steve Hakala has proved himself to be an incorrigible scofflaw. He entered into an agreement with the City to abide by a perfectly reasonable set of conditions and has consistently broken this agreement. Even a recent 15 day closing and fine did not deter him from violating those condition almost immediately upon re-opening. If the conditions were too tough or somehow difficult to come into compliance with, it would be understandable. But they are not. His business is a blight upon a neighborhood that is working very hard to raise its standards of livability. We urge you to end his mockery of the conditions set forth in his licer_s? �.nd tc fr ?? tha r0?T�TLLn�h� frnII2 Y�:IS eIIfC�7Ce_TTlP^t Y�7^!'!1 3IIC1 2veSOTE �J}' CIOSI!lo Steve's Auto Body permanently. Thank you for your consideration. I can be reached at 651-772-2075. Sincerely, �- John Vaughn, Community Organizer Cc Councilmember Kathy Lantry Virginia Palmer, City Attomey ��a�r�i�as��Y�r �/ • ! ' � / t / / ! / I a��a��ii��a�i OFFICE ^F TFIE CITY ATTORi�TEY Ctaytort M binsnx� Jr., Cit}• Attarney CITY OF SAINT PAUL Norm Ca(emars, Mayor 7une 22, 2000 Steven Hakala Steve's Auto Body 1196 E. 7`h Street Saint Paul, Minnesota 55106 +• ' Y CtYlI DIVlSfOR 400 Ciry H¢I! IS West Kellogg Blvd. Saint Paul, Minnesoiu 5$J02 Tetephone: d57 26b-87I0 Faaimile: 651298-5619 NOTICE OF HEARING RE: Auto Body Repair Garage License Held by Steve's Auto Body St. Paul, Inc, d/b/a Steve's Auto Body, for the premises at 1196 E. 7` Sh License ID #: 19980000406 Dear Mr. Hakala: Please take notice that a hearing will be held at the following time, date and piace concerning all licenses for the premises identified above: Date: Tuesday, July 18, 2000 Time; 9:30 a.m, Place: Room 41 St. Paul City Hail 15 W. Kellogg Blvd. St Paul, NZN. 551�2 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Allan W. K1ein Office of Administrative Hearings 1�0 Washington Square, Suite 1740 Minneaoolis, MN. 55401 Telephone: 612-341-7609 ■ St. Paul d/b/a Steve's ALto Body St. Pau — City's Exh. No. 14 — _ QO —q5o The Council of the City of.,�nt Paul has the authority to provide for ,�earin�s concerning licensed premises and for adverse action against such licenses, under Chapter 310, includin� sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- intoxicatin� liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocarion, 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 follows: It is a condiiion of your license that there is to be no exterior storage on the property other than the parking of customer andlor employee vehicles. On January 12, 2000 the Saint Paul City Council took adverse action aga9nst your license based, in part, upon previous violations of this license condition. The Council resolution gave you one week to bring the property into compliance with the conditions on your license. On March 17, 2000 you were advised by a letter from the Saint Paui City Attorney's Office that the property was still not in compliance with the condition relating to outdoor storage, and that on ., February 17, and March 2, 2000, the license inspector had observed inoperable vehicies and outdoor storage on the lot. Again on April 28, 2000 the license inspector observed the premises and observed junk cars and parts on the lot in the front and back of the building, in violation of the conditions on your license. You have the right to be represented by an attomey before and during the hearing, or you can represent yoursel£ 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 sections 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. At the hearing, the Administrative Law Judge will have all parties identify themselves forthe record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each ofwhom the City's attomey may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either pariy 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. Concluding ar�uments may be made by the parties. Following the hearing, the 7udge wiil 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 �vitnesses or the Notice of Eiearing - Page 2 p o -`�So production of documents in _.,nformity with Minnesota Rules, part ��J0.7000. � If a stipulation or agreement can be reached as to the facts, that stipulation will be presenied to the Adininistrative Law 3udge for incorporarion into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challen�e the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as frue. If non- public data is received into evidence at the hearing, it may become public unless obj ection 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, � ucc�..� �.,��n � Virginia D. Palmer Assistant City Attorney cc: Nancy Thomas, Office of Administrative Hearings, 100 Washington Squaze, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LTEP John Vaughn, Community Organizer, Dayton's Bluff District 4 Community Council, 281 Maria Ave., St. Paul, MN 55106 Notice of Hearing - Page 3 a c� —QS� STATE OF �IINNESOTA COUNTY Or RAMSEY ss. AFF=DAV=T OF SERVICE BY MAIL JOANNE G. CLEMENTS, being firs� duly sworn, deposes and says that on June 23, 2000, she served the attached NOTICE OF HEARING upon the following named person placing a true and correct copy thereof in an envelope addressed as follows: Steven Hakala Steve's Auto Body 1196 H. 7` Street St. Paul, MN. 55106 (which is the last known address of same, with postage prepaid, in the Minnesota. Subscribed and sworn to before me this 23rd c�arv of ,3tme. 2000. Notary PETER P. PANGBORN NOTARY PUBLlC � MINNESOTA pqY f;qMMISSION EXC'iREB !4N. 31, 2005 said person) and depositing the � ' OFFICE OF THE CITY ATTORNEY Cf¢�ton M. Robinson, Jr.� Ciry Attorrcey CITY OF SAINT PAUL ;�� y �� cr�,t otvrs;on Norm Coleman, Mayor � �� ,�,: `' 400 Ciry Ha1f ��1 �'�„ ;_� r.li i� ISWestKelloggB[vd. Saint Paul� Minnuota S.i,102 ; .. �._.� ,�.;�G�� _ Jllile 22,� 2�� NOTICE OF HEARING Steven Hakala Steve's Auto Body 1196 E. 7"' Street Saint Paul, Minnesota 55106 � � Telephone: 657 266-8770 Facsimi(e: 657 298-5679 RE: Auto Body Repair Gaza�e License Held by Steve's Auto Body St. Paul, Inc. d/b/a Sfeve's Auto Body, for the premises at 1196 E. 7`� Street License ID #: 19980000406 Dear Mr. Hakala: Please take notice that a hearin� will be held at the following time, date and place concemin� all licenses for the premises identifed above: Date: Tuesday, July 18, 2000 Time: 9:30 a.m. Place: Room 41 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Jud�e from the State of Minnesota Office of Administrative Hearings: Name: Allan W. HIein Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-341-7609 �� Ofl �S"o ", The Council of the City of Saint Paul has the authority to provide for hearin�s conceming licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicatin� and non- into�cating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will bepresented to the jud�e which may lead to adverse action against all the licenses you hold at the above premises as follows: It is a condition of your license that there is to be no exterior storage on the property other than the parking of customer and/or employee vehicles. On January 12, 2000 the Saint Paul City Council took adverse action against your license based, in part, upon previous violations of this license condition. The Council resolution gave you one week to bring the property into compliance with the condifions on your license. On March 17, 2000 you were advised by a letter from the Saint Paul City Attorney's Office that the property was still not in compliance with the condition relating to outdoor storage, and that on ._ February 17, and March 2, 2000, the license inspector had observed ittoperable vehicles and outdoor storage on the lot. Again on April 28, 2000 the license inspector observed the premises and observed junk cars and parts on the lot in the front and back ofthe building, in violation of the conditions on your license. You have the right to be represented by an attomey before and during the hearing, or you can represent yoursel£ You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearin� will be conducted in accordance with the requirements ofMinnesota Statutes sections 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. At the hearing, the Administrative Law Judge will have all parties identify themselves forthe record_ The City will then present its witnesses and evidence, each of whom the licensee or attomey 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 attomey may cross-examine. The Administrative Law Judge may in addition heaz relevant and material testimony from persons not presented as witnesses by either party 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 proceedin�. Concluding arguments may be made by the parties. Foliowing the hearing the 7ud�e will prepare Findings of Fact, Conclusions of Lativ, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and �vitnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the Notice of Hearing - Page 2 � " (} t� -RSD production of documents in confomuty with Minnesota Rules, part 1400.7000. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Admuustrative Law 7udge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated eazlier in this notice may be taken as true. If non- public data is received into evidence at the hearin�, it may become public unless objection 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, a! P u,c c��.-r �n ,/ � Virginia D. Palmer AssisYant City Attorney cc: Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, M1V 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP John Vaughn, Community Organizer, Dayton's Bluff District 4 Community Council, 281 Maria Ave., St. Paul, MN 55106 Notice of Hearing - Page 3 OFFICE OF THE CITY ATTOIL�IEY Clayton M. Robrnson, Ja, Ciry Atrorney CITY OF SAiNT PALTL Norm Colem¢n, .Ntry�ar June 14, 2000 Steven Hakala Steve's Auto Body 1196 E. 7`" Street Saint Paul, MI�i 55106 ao -qsa CivilDivision 400 Ciry Ha11 1 i Wesi Ke11o� B(vd Saint Paul, Minnuota SSd 02 Te[ephorse: 65! 266-8710 Facsimite: 657 298-5619 RE: Auto Body Repair Gazage License Held by Steve's Auto Body St. Paul, Inc. dlbla Steve's Auto Body, for the premises at 1196 E. 7`h Street License ID #: 199800004Q6 Dear Mr. Hakala: On June 6, 2000 I received your letter dated May 24, 2000, which appears to be in response to the Notice of Violation dated May 17, 2000. The letter does not indicate whether you are requestin� a hearing before an administrative law judge, but because it seems to be disputing the allegations of the Notice of Violation, I am assuming that you do wish such a hearing. Please contact me no later that June 21, 2000 if you are not contesting the facts of the Notice of Violation and do not wish to have a hearing before an administrative law judge. If I have not heazd from you by that date, we will send you a Notice of Hearing with the allegations of violations which will be presented at the hearing, the date, time and place of the hearing and a brief description of the procedures which will be followed. Sincerely, � % /,/,9/iu-Gf: J Virginia D. Palmer Assistant City Attomey �� cc: Christine Rozek, Deputy Director of LIEP � St. Paul d/b/a Steve's Auto Body St. Pau —' City's Exh. No. 13 —' �`= z� - �� l 7 -r � l � c �;-'s c s �� rs c� s�o�-� = d x f / �ir�/�lpa/�� v�Li,`c�z't� _ �� ` /� �lilClOSrc(' l�dG GG�r`�i �� `i'� (�U�ljc Oi"c�c�'S ��% 7 G C c:1S �- i/ �� cl�S, ( `! � ! t"i v✓ �`. Glc � �Gi � c� i G� C�! � �� jo� K� �� .�.��- �:F �'�� P ,�o�z,-x y Q'? � !'l�G �rC �:: J�d/ �iD ��i,-�. t" QC�r'CYi �� ;s ��,��f ,��sS,��C �� l C r C �i �`- ��1 7 3 f' /.�i �� O �Q�z- !�" �� /'rlF �j" �� vr ¢ ti9q�� r< l� G GJ r `c �c 3 ,��J f'�'-c:l' t i / �ll �� m�� w�> i �� -��,z �� s�4' cy C� � �/ ��C ` ��` � iU/ � l? a✓� f' c r" �/� u � , �� . � s . �d �� v��61 � � y ��zs - 7 �1�� f fo<�.: �'jr :�r,�� ?�4�- v(�� :- u✓��r w-� c:(�T G 0 1 CCV( �Z' 2°G,e L�✓�/<2 i6?�, � f�7 / v��'clrs or.�7�J'�� .. .. W e � u v� �Y @ eF�,. e,�, �r.o e v� s �y /� ,.. ��9G �e � Cc/ Z z le � � � c je c�� f CY� l� �ai�1` , T� L f/� r��. y l�� r�r �� z:� � 1�� .�� .� �; � � << ��-��S ��-� ��-;�1�s � 3 P cE�vE� JUN � 6 20C�J �� CITY ATTORI��Y ■ St. Paul d/b/a Steve's Auto Body St. Pau — City's Exh. No. 12 — Car Make: License # Owner Address Phone #'s Home Work �� S�� -� Gl�i`C��P�>d r�' Oty Descrigtion F � S Tr'�/!h � � l/ Lv �j Z � � P�/ � Q -r z �ocr5`= -� L�`� —yS� S teve `s Auto B ody S t. Paul INC ORPORATED 1196 7th Street East St. Paul, Minnesota 55106-4014 (651) 776-3482 Fax(651)487-5307 Parts I Labor Parts Labor Sub-Total Tax Total � Estimated By: � Car Make: �� ,�l��/ P Cc�� v_ License # �V Owner �� G� � �° Address Phone #'s Home Work Oty Description �`fr ��'o� 7` r 00�5� Steve's Auto Body St. Paul INCORPORATED 1196 7th Sfreet East St. Paul, Minnesota 55106-4014 (651) 776-3482 Fax(651)487-5307 Parts - I Labor � /�—�c'� Parts Labor Sub-Total Tax Total Estimated By: Car Make: � f ��7��ss' � c% ✓ License # Owner �dflz =-., �4 /cr� Addzess Phone #'s Home Work aa—�s� Steve's Auto Body St. Paul INC�RPORATED 1196 7th Street East St. Paul, Minnesota 55106-4014 {651) 776-3482 Fax {651) 487-5307 Oty Description F � ..�r., T P��' �'�� .� �-�— �o �� — �+%��J�� S� - %'z c�c7 � �� . Parts Labor Sub-Total Tax Parts I Labor Estimated By: Car Make: �i �� r`a G� q� License # ��(/ Owner frtq/ti �t �� Address _�! Phone #'s Home Work Oty Description �7` / r'Y� //.�. o�-q�� Steve's Auto Body St. Paul INCORPORATED 1196 7th Street East St. Paul, Minnesota 55106-4014 (651) 776-3482 Fax(651)487-5307 � � a 0 Parts Labor Sub-Total Tax Parts { Labor Estimated By: Car Make: License # awner Address Phone #'s Home Work � �o/ T � —�--------- �ty Description y l �' c �� ',� ,s�- r�o —RS° Steve's Auto Body St. Paul INCORPORATED 1196 7th Street East St. Paul, Minnesota 55106-4014 (651) 776-3482 Fax (65i ) 487-5307 � �� —�f'—E�� Parts Labor Sub-Total Tax Parts 1 Labor Estimated By: Y � a; CITY OF SAINT PAUL Norm Cnfemnn, Mn} May 17, 2000 Steven Hakala Steve's Auto Body 1196 E. 7`" Street Saint Paul, Minnesota 55106 OFFICE C �'HE CITY ATTOIL�iEY ('�O-`ZS 'J Clayton rL1. ko„�nsOn, Jr, CirpAlra�ney Civif Dirision 400 Cig� Ha!! Telephone: 65/ Z66-8710 /5 West Kellogg d/vd. Fncsimile: 651 ?9&-5619 Sarnt Paad. .Nfnnesotn 55/a1 NOTICE OF VTOLATION RE: Auto Body Repair Garage License Held by Steve's Auto Body St. Paul, Inc. dlb/a Steve's Auto Body, for the premises at 1196 E. 7"' Street License ID #: 19980000406 Dear Mr. Hakala: The Office of License, Inspections and Environmental Protection has recommended adverse action against the licenses held by Steve's Auto Body St. Paul, Inc. d/b/a Steve's Auto Body, for the premises at 1196 E. 7`h Street. The basis for the adverse action is as follows: It is a condition of your license that there is to be no exterior storage on the property ot�er than the parking of customer and/or empioyee vehicles. On danuary 12, Z000 the Saint Paul City Council took adverse action against your license based, in part, upon previous violations of this license condition. The Council resolution gave you one week to bring the property into compliance with the conditions on your license. On Nlarch 17, 2000 you were advised by a letter from the Saint Paul City Attorney's Office that the property was still not in compliance with the condition relating to outdoor storage, and that on February 17, and March 2, Z000, the license inspector had observed inoperable vehicles and outdoor storage on the lot. Again on Apri128, 2000 the lieense inspector observed the premises and observed junk cars and parts on the lot in the front and back of the building, in violation of the conditions on your license. � St. Paul d/6/a Steve's Auto Body St. Pau — City's Exh. No. 11 — ,- �� Page 2 Steven Hakala May 17, 2000 � � �` c� If you do not dispute the above facts, please send me a letter admittin� that they are true. The matter will then be scheduled before the City Council for a hearing to determine cvhat penalty, if any, is appropriate. You will have a chance to appeaz and make a statement before the Council on your behalf. If you wish to dispute the facts, you aze entitled to an evidentiary hearing before an administrative law judge. If you wish to have such a hearin�, please send a letter stating that you are contesting the facts. You will then be sent a notice of hearing with the date, time and place for the hearing, the name of the administrative law jud�e, and an explanation of the procedures. Please let me know in writing no later than Tuesday, May 30, 2000, how you wish to proceed. If you have questions about these options, please feel free to contact me at 266-8710 to discuss them. If I have not heard from you by Tuesday, May 30, 2000, I will assume that you are not contesting the above facts and wili schedule the matter for the hearing in front of the City Council. Sincerely, �-t/ u�� \�.,..�., � Virginia D. Palmer Assistant City Attomey cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP John Vaughn, Community Organizer, Dayton's B1uffAistrict 4 Community Council, 281 Maria Ave., St. Paul, MN 55106 e� � '�� STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY AFFIDAVIT OF SERVICE BY MAIL JOANi�tE G, CLEMENTS, being first duly sworn, deposes and says that on May 18, 2000, she served the attached NOTICE OF VIOLATION upon the following named person placing a true and correct copy thereof in an envelope addressed as follows: Steven Hakala Steve's Auto Body 1196 E. 7"' Street St. Pau1, MN. 55106 (which is the last known address of same, with postage prepaid, in the Minnesota. Subscribed and sworn to before me this 18th d� of.NFavr-2000. Notary son) and depositing the ted St tes mails at,8�h. Paul„ �y PETER P. PAPJGBORN !' NOTARY PUBIJC - MINNE50TA MY CAMMtS510N ......� EXPIRES JAN.31.2CA6 _ _. _ _ _ _ _ _ .. _ _ __ __ _ _ Ginger Palmer - Re: SteJe's Auto Body �� ' Page �� From: Kristina Schweinler To: Pa{mer, Ginger Date: 5/9/00 11:04AM Sub�ect: Re: Steve's Auto Body Christine and 1 were there on the 28th of April and it is still not in compliance Junk cars and parts in front and back. � St. Paul d/b/a Steve's Auto Body St. Pau — City's Exb. No.10 — License Group Comments Text licensee: STEVE'S AUTO BODY ST PAUL INC �BA� STEVE'S AUTO BODY ST PAUL 1NC License#: �g9gpp00406 04lOS/2000 A � �5�� V 03/17/2000 Letter from CAO indicating that property is still in violation ot license conditions. Musi clean up immediately or could go to council for further adverse action. CAR 3/7/2000 Letter from KS to CAO indicaHng that some work has 6een done, but property is still in violatio� This letter trarumits pictures of 2/17l2�0� and 3/2/2000. CAR 2/17l0� a�d 3!2/o� pictu�es indicate still have cars and paRS stored in back and too many cars in front.KS 2l11f200o 55�0 fine paid. GAR 1l27l20�0 - Suspension and Fine letter given to Kcis to hand defiver (Business to be closed 2/02J00 thru 2116f00 and 5500.00 fine due 2/1 � f2000) - LAB Ot!'1212000 CF00.34 approving $500 fine serve 15 day closure with an additional 15 days stayed if licensee has no more violations for � 8 mo�ths, and property is cfeaned up with�n 7 days of passage of this resolution. CAR 1?122799 Nolice of Council Hearing from CAO for 1N2/200. Recommend 30 day suspension of license, stayed for'18 months on 3 conditions - property brought into comptiance wdhin 7 days, no further violations during the next 18 monihs, �500.00 fine paid withm 30 days. CAR �2f7/99 Pictures to CAO for adverse action. KS �2/1i99sti11 out of compliance per pictures taken by KS. KS 10/28199 Notice of Violation from CAO for failure t0 comply with license condtions. 11/3/99 response date. CAR 9/13/99 Letter from KS, Senior inspector, indicating that licensee is not in compltance with license conditions to provide a fence and no exterior storage. Deadline of 9/30/99 gtven for compliance. CAR 1 V23/98 CR 98-989 approving license with conditions. CAR 9/23/98 - Public heanng date 70/23/98, nofices mailed 9/23/98; 19M, 110 & 40EM/JL �n re e �cen � St. Paul dJb/a Steve's Auto Body St. Pau — City's Exh. No. 3 — License Graup Conditions Text Licensee: STEVE'S AUTO BODY ST PAUL INC DBA: STEVE'S AlJTO BOOY ST PAUL INC License #: 19gg0000406 0 410 512 0 0 0 Da_� L Parking, manuevering, customer vehicle storage and dumpster locaGOn shall be as shown on the site plan on file with LIEP, dated 6/5/98. 2. The dumpster shall be enclosed with a 6'-0" high wood o6scuring fence by October 2, �998. 3. There shall be no exterior storage other than fhe parking of customer/ employee vehicles. � � St. Paul d/b/a Steve's Auto Body St. Pau � City's Exh. No. 2 — c� o -�� clTY oF sanvT PAUL INTERDEPARTVIENTAL MEMORAi�tDUM DATE: 4(4l00 TO: Ginger Palmer FROM: Kris Schweinler'�� ' RE: Steve's Auto Body Ginger, As of the date of the picture the licensee Steve Hakula was not in compliance with the conditions of his license yet. I did talk to a Leroy Bobick who said he was a partner of Steve's and that they now had it as clean as they could get it. I told him that I would be out in the next few days to check on it and take more pictures. That there should be no outdoor storage of anything and no parts being stored in inoperable vehicles. He did say that some of the stuff is the properiy owner and that they had no control of that. I told him they would be responsible as the licensee. He seemed to understand and said they would comply. � St. Paul d/bJa Steve's Auto Body St. Pau — City's Exh. No. 9 — OFFIC �F TT� CITY ATTOg7vgY �� _�5U Cloytan M. Robinsors, Jr., City Attorney CITY OP SAIN'T PAUL Norm Coleman, �Lfrryor CivirDrvrsion aoa c;zy xatr 1 S West Kellogg Blvd SaintP¢ul, Minneso[a SSIQ2 7eleph one: 651266-8 i! 0 Facsimile: 65I ?98_�619 March 17, 2000 Steven Hakala Steve's Auto Body 1196 E. 7�` Street Saint Paul, MN 55106 RE: Auto Body Repair Gazage License heid by Steve's Auto Body St. Paul, Inc. dib/a Steve's Auto Body for the premises at 1196 E. 7�' Street License ID #: 199$0000406 Dear Mr_ Hakala: As you know, the Saint Paul City Council imposed adverse action against the licenses held by you at 1196 E. 7"' Street by action on January 12, 2000. The Councii resolution, a copy of which was provided to you, states that you have one week from the passage of the resolution to bring the property into compiiance with the conditions on the license. Failure to comply couid subject you to the remaining fifteen days suspension, which was stayed for 18 months. On February 17, 2000 and on March 2, 2000 an inspector viewed the property and observed that, despite the fact that you have done a lot of cleaning up, there are still violations of the condition relating to no outdoor storage. It is extremely important that you remedy this problem immediately, and that you be in compliance with all of the conditions on your license, or the Office of License, Tnspections and Environmental Protection wili have no option but to again recommend adverse action against your license. If you have any questions at all about the conditions on your license, please contact LIEP to discuss them. Sincerely, _,/ �� Virginia D. Paimer Assistant City Attorney cc: Robert Kesster, Director of LIEP Christine Rozek, Deputy Directar � St. Paul cUbla Steve's Auto Body St. Pau — City's Exh. No. 8 — ��_�,fc7 CITY OF SAIIVT PAUL INTERDEPARTI�IENTAl MEMORA�'VDLTNI DATE: 3!7/200a TO:Ginger Palmer FROM: Kris Scbweinler'�✓ RE:Steve's Auto Body Ginger, Attached are some pictures I took on 217/2000 and 3(2l2000 of the property at 1196 E.7th St. D.B.A. Steve's Auto Body. They have cleaned out a great deal but I still believe they are in violation of the outdoor storage of parts and inoperable vehicles. Please let me lrnow as to how to proceed on this matter. Cc: Christine RozeklDeputy Director � 's a "s➢ '4 %j � ��:R- _�..�5 ] +' TE+3a� 9�� 'r��`T V � Z�}OQ �� ■ St. Panl dlb/a Steve's Auto Body St. Pau — City's Exh. No. 5 � CITY OF SAINT PAUL Narm Ca(eman..Llayo� 3271U3r}' 25� 2�� Steven Hakala, Vice President Steve's Auto Body St. Pau1 Inc. 1196 East 7�' Street Saint Paul, MN 55106 Dear Mr. Hakala: �: : �}I Enclosed is a copy of City Council Resolution Number 00-34 which suspends the Auto Body Repair Garage license issued to you by the Clty of Saint Paul for a period of thirty (30) days with fifteen (15) days stayed for a period of eighteen (18) months and imposes a fine of $500.00 for the following violation: Viotation of conditions placed on the license. The suspension and fine was adopted by the City Council in final written form at the Council's regular meeting on 3anuary 12, 2000. The effecf of this notice is that no business operarions shall be permitted for fifteen days beginnin� at 12:01 a.m. on Wednesday, February 2, 2000 through 11:59 p.m. Wednesday, February 16, 2000. This is a serious matter that demands your adherence. Absolutely no auto repairs shall be permitted on the licensed premises during this whole period. Also, a fine in the amount of �500.00 is due for the above mentioned offense which is payabte no later than the close o£business (4:30 p.m.) on Friday, February 11, 2000. Please contact me at 266-9108 if you have any questions regarding this matter. Sincerely, lJ' ""'" LC�,.�/ / i Christine Rozek Deputy Director cc: Commander Dennis Jensen, SPPD-Eastern District Robert Kessler, Director-LIEP Peter Pangborn, Legal Assistant Kris Schweinler, Senior License Inspector OFFICE OF .,:; E:ISE, IVSPECTIONS e4�1D ENVIRO':VMEYT.4L PROTECTIOY 5 � Robett Kess[er, Direaor Q� l � LOV✓RY PROFESSIONAL Tetephave: Qil-26GSGA7 BUIIl77.^1G Facsim/e: 6f1-26G9099 Suite 3QQ 651-2669124 350 St. Perer St.eei SainrPau[, Mirsnesara 55102-ISIO NOTICE OF LICE�TSE SUSPENSION AND IMPOSITION OF F`INE ��I�"l �.� �� 7 �d00 �St Pa� ul�d�a Steve'� y S� � — City's Exh. No. 4 — OR�IGINAL P;esented By Referred To Committee: Date 3a � 1 ? 3 4 � 6 7 $ 9 10 11 12 13 14 1� 16 17 RESOLtiED, that the auto body repair garage license held by Steve's Auto. Bcdy St. Paul, Inc. d/b/a Steve's 3uto Body (License ID� 29930000406), for the premises at 1196 E. 7�' Street, is hereby suspended for a period of thirty day �for violation of conditions placed on the license. w:.ati �s �.��s ti � Gz�s".,s �n�:a �.:, Co�.�.m� F�b 7, 3oco� Cr' �J_ �^`�S� FLRTHER RESC LVED, that said suspension shall be stayed for a period of eighteen .�� } months on the follo�ine conditions: I) that the property is brought into compliance with the conditions on the license - ,�ithin one week from the passase of this Resolution; 2) that there be no futther violations of the c�nd'stions on the license or other code or zonin� violations durin� the eishteen months; and 3) ti:at the licensee pay a fine of ��00, said fine to be paid to the O�ce of License, Inspections aad �nvironmental Protection �.ithin thirty (30) days of the adoption of this resolution by the CounciI �.nd signature b}� the vlayor. This Resolution and the action of the Council in this matter aze based upon the facts contained in the September li, 1999 letter to the licensee from LIEP, the October 28, 1999 Notice of Violation ]ztter to the licensee asid such arsuments as may have been presented to the Council at the public hearing. The licensee did not contest the facts. Recuested bv Decartment oi: 3y: :/IIJ�� .%g/.r;..Ui�. ?orm :-_np�j by City a� rn� \` � �. a-CO �i sy: iG'CS"�L ✓i AL�CDC°C� Y'..�( COL•1C�� : D2._ \ C�y ` Adop.icr. Certi`ied by C�.rc3�5ecr_tary aporove3 by Mayor :or Sv�missicn Co Cov.<il 9y: d \� \�� 'Y: Angroved 3y Mayor: Dace �me��F_� _ ` ��a �� sor_,v�rzov CITY OF SAL�iT PAUL, YITiVNESOTA Countil File = 00 — �� Green Sheet 1 104• 497 By: August 31, 2000 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue Soutfi Minneapolis, Minnesota 55401-2738 Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, MN 55102 RE: In the Matter of the Auto Body Repair Garage License held by Steve's Auto Body St. Paul Inc., d/b/a Steve's Auto Body St. Paul; OAH Docket No. 6-2111-12951-3 Dear Mr. Owusu: �o-9S� Enclosed herewith and served upon you by ma+l is the Administrative Law Judge's Findings of Fact, Conclusions of Law, Recommendation and Memorandum in the above-entitled matter. Also, enclosed is the official record, with the exception of the tape recording of the hearing which will be sent to you under separate cover. If you would like a transcript, please contact our office in writing or telephone (612) 341-7642. Our file in this matter is now being closed. Sincerely, AWK:aws Enclosures cc: Virginia D. Palmer Steve Hakala � � � '� ��, �4��, ALLAN W. KLEIN Administrative Law Judge Telephone:612l341-7609 RECEBVED �� iit� CiTY CLERK Providing Impartial Hearings for Government and Citizens An Equal Opportunity Emp{oyer Administrative Law Section & Administrative Services (612) 341-7600 �TTY No. (612) 341-7346� Fax No. (612) 349-2665 �1�- r lS� STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) AFFIDAVIT OF SERVICE BY U.S. MAIL Debra S. Aws, being first duty sworn, hereby deposes and says that on the 31 day of August, 2000, at the City of Minneapolis, county and state aforementioned, she served the attached Findings of Fact, Conclusions of Law, Recommendation, and Memorandum; Docket No. 6-2111-12951-3 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed to the individuals named herein. Fred Owusu, City Clerk 170 City Nall 15 West Kellogg Boulevard St. Paul. MN 55102 Steve Hakala 1204 E. 7 Street St. Paul, MN 55106 Virginia D. Palmer Assistant City Attorney Office of License Inspections and Environmental Protection 400 City Hall 15 W. Kellogg Boulevard St. Paul, MN 55102 �,� � , �J�i�/`'� Debra S. Aws Subscribed and sworn to before me this � I Sf day of �k� CF� 2000. ��,�, ' - � � Notary blic � dTM � CYNTHIAA.RfNGDANL 3 NoraAV vtn�.�c - �wuwsoTF • • MY CAMMISSION IXPopES �'$,,.: `� JANUARY 3t, 200.5 ��- �Z'.�� 6-2111-12951-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATfVE HEARINGS FOR THE SAINT PAUL CITY COUNCIL In the Matter of tfie Auto Body Repair Garage License held by Steve's Auto Body St. Paul Inc., dba Steve's Auto Body St. Paul FINDINGS OF FACT. CONCLUSIONS OF LAW. RECOMMENDATION AND MEMORANDUM This matter was heard by Allan W. Klein, Administrative Law Judge, on the morning of July 18, 2000 in the St. Paul City Hall. Appearing on behaff of the City of Saint Paul and its Office of License, Inspections and Environmental Protection was Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 W. Kellogg Boulevard, St. Paul, Minnesota 55102. Appearing on behalf of Steve's Auto Body St. Paul Inc. was Steve Hakala, 1204 E. 7 Street, St. Paul, Minnesota 55106. Mr. Hakala appeared without benefit of counsel. The record closed at the end of the hearing on July 18, 2000. NOTICE Notice is hereby given that this Report is a recommendation, not a final decision. The Saint Paul City Council will make the final decision after review of the record. The City Council may adopt, reject, or modify these Findings of Fact, Conclusions, and Recommendations. Under Section 310.05(c)(c-1) of the City's Legislative Code, the City Councii will provide the applicant the opportunity to present oral or written argument to the City Council before it takes final action. Parties should contact the St. Paul City Council to determine the procedure for filing exceptions or presenting argument to the Council. STATEMENT OF ISSUE Has Steve's Auto Body violated the conditions of its license so as to warrant disciplinary action by the City Council? Based upon all of the proceedings herein, the Administrative Law Judge makes the foflowing: �� FINDINGS OF FACT 1. Steve's Auto Body St. Paul is located at 1196 E. 7 Street in St. Paui. It has been in operation there for approximately two and one ha{f years (2'/z) years. 1t is in the business of auto body repair, primarily the fields of fixing wrecks (both smal{ and large), along with associated work such as rust removal, and painting. 2. The premises at 1196 E. 7 Street are owned by a Roy Berger_ He occasionally helps Mr. Hakala, but he is not a partner or an investor in the business. It is anticipated that Mr. Hakala will buy the building from Mr. Berger around the end of the year. Mr. Hakala has been renting the front of the building and the inside of the buiiding from Mr. Berger. The building is small, housing only 5 stalls, one of which is used by Berger. 3. On November 23, 1998, the City Council approved Hakala's license application but imposed conditions upon the license. The condition at issue in this Hearing read as follows: "There shalf be no e�erior storage other than the parking of customer/employee vehicles". 4. On September 13, 1999, Senior Inspector Kris Schweinler wrote a letter to Hakala, indicating that he was not in compliance with a number of conditions, including the condition that there be no exterior storage. He was given until September 30, 1999 to comply. 5. On October 28, 1999, the City Attorney's Office issued a notice of violation for failure to comply with license conditions. All of this culminated on January 12, 2000, when the Council passed CF 00-34, imposing a$500 fine and closure of Steve's for fifteen (15) days with an additional fifteen (15) days stayed so long as the Licensee had no more violations for eighteen (18) months. The property was to be cleaned up within seven (7) days of passage of the resolution. Results of this Council action were formally served on Steve's on January 27, 2000. The business was to be closed between February 2 and February 16, 2000, and the $500 fine was to be paid by February 11, 2000. The business was, in fact, closed between February 2 and February 16, 2000, and the $500 fine was paid on February 11, 2000. 6. On February 17, 2000, Inspector Schweinler inspected the facility and took photographs' The photographs show a total of 9 cars or trucks parked in the parking area in front of the building. One of the trucks is a pick-up truck with a tarpaulin over the back box. In the winter, it is used to plow snow, lt is afso used to store tools ' Photographs are in evidence as City's Exhibit 6A-6F. �� that used to belong to Hakala's father. Behind the building there was an inoperable vehicfe and a blue/green tow truck on one side of the back lot in the center of the back lot, up against the building, were pieces of scaffolding, one of which had wood stacked on top of it 3 On the left side of the back !ot are a white car (which appears to have been recently driven), a utility trailer with material inside of it, and another truck which had not been recent(y driven. 7. On March 2, 2000, Schweinler returned to view the premises again. The front parking lot was again full. In addition to the 8 cars and trucks there, a chassis (with axles and 4 wheels attached) was sitting between some parked cars and the sidewalk. In the back, the scaffolding now held even more debris, and the same vehicles, the inoperable car and the blue tow truck, were on the right side of the lot, in the same locations as they had been on February 17. In front of them, and blocking their movement, was now a rusted old (late 1940's?) car whose front panel had been removed exposing the engine. On the left hand side of the back lot, the white car and the other truck appeared to be in the same position they had been on February 17. 8. On March 7, 2000, Schweinler transm+tted the pictures from February 17, and March 2, 2000 to the City Attorney's Office. Schweinle� noted that Steve's had "cleaned out a great deal" but believed that they were still in violation of the outdoor storage of parts and inoperable vehicles 6 9. On March 17, 2000, Virginia D. Palmer, Assistant City Attorney, informed Mr. Hakala that, despite the fact that he had done "a lot of cleaning up", there were still violations of conditions related to no outdoor storage. She informed Hakala that it was extremely important that this problem be remedied immediately, or else the City would have no option but to again recommend adverse action against his license. 10. On March 23, 2000, Inspector Schweinler again visited the premises. There is no evidence with regard to the condition of the front of the lot, but in the back of the lot, there had been no change. A photograph� taken on March 23 demonstrates the inoperable car and the truck on the right side of the lot, blocked in by the blue car. The scaffold and the wood debris are still present. 11. On April 4, 2000, Inspector Schweinler informed the City Attorney's Office that Hakala was still not in compliance with the conditions of his license, based on the March 23 inspection, and that she had told a Leroy Bobick (who she spoke with on March 23, and who claimed to be a partner of Hakala's) that there couid be no outdoor Z This tow truck beiongs to Mr. Berger. ' The scaffolding and the wood belong to Mr. Berger. ' This white car is a customer's car which came in for repairs, some money was paid and some work do�e, but the work stopped until more money was paid. It was finalty removed in mid-.lune. 5 This chassis was part of a restoration job. The body of the car was taken off of the chassis and was being worked on inside the building. The chassis was left outside for about one month. 6 Exhibit 5. ' Attached to City Exhibit 9. �� -9� storage of anything and no parts being stored in inoperable vehicles, and that they were not in compliance and she would be out again to check on their progress 9 On April 28 Schweinler again re-inspected the premises, and determined that they were sti{I not in compliance. She noted "junked cars and parts in front and back."' 12. On May 17, the City Attomey notified Hakala that LIEP had recommended adverse action against the license based upon the violation of the license condition that there be no exterior storage on the property other than the parking of customer and/or employee vehicles.'� 13. On May 24, Hakala responded, indicating that afl of the vehicies stored on the premises were either customer or employee vehicles. Hakala indicated that the truck and one car belonged to the owner of the property, Roy Berger, and are licensed to that address. He went on to explain: It is virtually impossible for a building this small to store all parts for damaged vehicles inside all day long while working on such vehicles. We have Senior Inspectors go by many times. They always come by during the day, when we are or had been working on vehicles outside. We have a guy who comes by once a week to pick up junk parts. The parking lots have been cleaned and free of any junk parts many times. 14. Following some other procedural correspondence, a Notice of and Hearing was issued on June 22, setting a hearing for July 18, 2000. The Hearing took place on that date. 15. On July 13, 2000, Inspector Schweinler returned to the property one last time. She took no photos of the front of the property, but did take photos of the back area. On the right hand side of the back area, the inoperable car with the flat tire is gone, but the tow truck is stifl evident. Between the tow truck and the back of the property was a washer and dryer. In the center of the back area was a 55 gailon drum with debris in it, plus approximatefy 12 tires. Some of the tires were piled on top of each other, but others were lying around at random. There was a bright blue plastic one- quart oil container (or similar plastic container) inside one of the tires, and there were strips of insulation (or perhaps brake lining) lying in the lot. On the left side of the lot was a large white piece of sheet metal, and other unidentified debris. $ This car, which has been present in all of the photographs, has a flat tire which has been flat from February 17 to at least March 23. 9 Exhibit 9. t0 Exhibit 10. " Exhibit 11. 12 City Exhibit 12. �� -9S� 16. At the fime of the March visit and at the time of the Ju{y visit, there was a large (approximately 4 x 6 foot square) piece of white sheet metal stored outside the building, in the back. This sheet metaf was a part which was to be used in the restoration of the trunk of the white car. 17. LIEP is recommending that fhe Council suspend the license for an additional 30 days, lift the stay of imposition on the 15 days still pending from the first Council action, and impose a fine of $1,000. LIEP believe that imposing this increase penalty on Hakala is necessary in order to "get his attention" and get him to take whatever actio�s are necessary to stay within the condition of his license. 18. When the C+ty issued the Notice of Hearing on June 23, 2000, it sent a copy to John Vaughn, the Community Organizer for Distriet #4 Community Council (Dayton's Bluf�. On July 12, 2000, the Administrative Law Judge received a letter from Mr. Vaughn on behaif of the Community Council's Board of Directors. The letter sets forth the history of conditions, suspension and fine. It concludes with a recommendation that the facility be permanently closed. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The St. Paul City Council and the Administrative Law Judge have jurisdiction in this matter pursuant to Section 310.05 of the St. Paul Legislative Code and Minn. Stat. § 14.55 (1998). 2. The City has given proper notice of the hearing in this matter and has fulfilled all relevant, substantive and procedural requirements of law or rule. 3. The City bears the burden of proving, by a preponderance of the evidence, that adverse action is warranted with respect to the Licensee's Auto Repair Garage License. 4. Chapter 310 of the St. Paul Legislative Code contains general provisions relating to licenses issued by the City. Section 310.06(b)(5) provides that adverse action may be taken when "[t]he licensee or applicant has failed to comply with any condition set forth in the (icense, or set forth in the resolution granting or renewing the license." Adverse action is defined in Section 310.01 to include fines, imposition of conditions, suspensions of a license, or revocation of a license. 5. The City demonstrated, by a preponderance of the evidence, that the licensee failed to comply witfi the conditions set forth in Council File #00-34, as amended. Specifically, the City showed that the Licensee stored wood, parts, inoperable vehicles, trash and other debris on the e�erior of the property. �o - 9Sn Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION The Administrative Law Judge HEREBY RESPECTFULLY RECOMMENDS that the Council takes ADVERSE action against the License of Steve's Auto Body St. Pauf, Inc., d!b!a Steve's Auto Body. Dated this �(�� day of August 2000. C,��.�. � . �� ALLAN W. KLEIN Administrative Law Judge Reported: Taped MEMORANDUM The real problem here is that Mr. Hakala needs much more space for his style of operation. He needs to either move to a larger building, rent additional storage space elsewhere, enlarge the building, or build a storage shed. Such actions are needed to comply with the City Council's conditions. The amount of space inside the building is simply inadequate, and the solution used to date, to store things outside the building, is exactly what the City Council was trying to avoid. Although Mr. Hakala has improved the condition of the property significantly over the past few months, it would appear that some sort of major change is necessary if he is going to comply with the Council's conditions and continue in business. v �• . d� OFFICE OF ADNIINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In Re The Auto Body Repair Gazage License Held By Steve's Auto Body St. Paul d/b/a Steve's Auto Body St. Paul July 18, 2000 CITY'S PROPOSED EXFIIBITS TO: Judge Allan W. Klein, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list of the City's proposed e�ibits for the Administrative Hearing on July 18, 2000. Exhibit No. E�. No. 1 Exh. No. 2 Exh. No. 3 Exh. No. 4 Exh. No. 5 E�. No. 6 E�. No. 7 E�. No. 8 Description License Inforxnation Report, printed July 14, 2000 (1 p.); License Conditions far Steve's Auto Body St. Paul, printed April 5, 2000 � P•); License Comments, printed Apri15, 2000 (1 p.); Notice ofLicense Suspension and Imposition ofFine, dated January 25, 2000, with attached resolution, Council File # 00-34 (2 pp.); Memo from Kris Schweinler to Ginger Palmer, dated Mazch 7, 2000 (1 p.); 6 photographs taken Febmary 17, 2000; 8 photographs taken March 2, 2000; Letter from Virginia Palmer to Steven Hakala, dated March 17, 2000 (1 p.); a. . Exh. No. 9 E�. No.10 E�. No. 11 Each. No. 12 E�. No. 13 E�. No. 14 Each. No. 15 I�� - ��?s Memo from Kris Schweinler to Ginger Palmer, dated April 4, 2000, with attached photograph taken March 23, 2000 (2 p.); E-mail from Kristina Schweinler to Ginger Palmer, dated May 9, 2000 (1 p.); Norice of Violation, dated May 17, 2000, with Affidavit of Service � PP•); Letter from Steven Hakala, dated May 24, 2000, with attached work orders � PP•); Letter from Virginia Palmer to Steven Hakala, dated June 14, 2000 (1 p.); Notice of Hearing, dated June 22, 2000, with Affidavit of Service � PP•); 4 photographs taken July 13, 2000. Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legislative Code § 310.06 Respectfully submitted this 18h day of July, 2000. �.1 � 2iu"GGf" �° 1 Virgini �. Palmer Assistant City Attorney Office of The City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (651)266-8710 —, �N� , �o �� a' �x � iW I 0 N � O � � O y V N m �'J I� a n. i Jv 0 r 0 G � � 0 t"a � L � W � N C d v J �; iy� N J a � � N N � T � IN' O m UIO I �a 0 o � v I� � � m � iZ la O N!O C O U � J � � I RI I�� W �y � � a� _ � � � a�o � �� m � � � E Z (� m W ol �� r 0 O m �O m � � a Ciw a r � .� � � O �V' 00 �I Ip Q x w C � CI � ' z U O a U �C �N IJ � i� �� z a c � Q 0 I I ;�i U I C N � y � L N � � 7 Z N � N O L I� d'M N � N � I� I.0 � I m' � � �M F N V M U Z � � (� � � � � a m� L V y N � N N > l6 N O � s U O (p � - Q N 4 � � O U i - C N U "d- � O �a C N � 3 N 3 U i Q N O I � � i � O � � � O `1 C � @ m 3Q I I o� rnt I m ;� c I l,�rn°L Nt`�O y , U (p (6 d L-pL+�- � m �i N d�� m ! od o 0 W-y � v1 - U � C O U � N . i m3� � i C X N= N i i � w @ p � N C y C � c � NQ ; � N y- Eanm � � p1w � N : � Y N "6 N �� LLL ' a--r� .c � ONM Db ❑ ��ii� � %��\ �� July 12, 2000 Dayton's Bluff District 4 Comm d�-9s� - „� �` �,. ; �ncil 798 E. 7th Street, Saint Paul, MN 55106 • Phone 651-Z72-2�Z5 � Fa�c 651-774-3510 �sit our weTi site�i',i�w.daytonsbluff.org � ,�.� Allan W. Klein Office of Administrative Hearings 100 Washington Squaze, Suite 1700 Minneapolis, MN 55401 RE: Auto Body Repair Garage License held by Steve's Auto Body, Inc. at 1196 E. 7`�` Street. City ID #: 19980000406 Dear Judge Klein: I am writing on behalf of the Dayton's Bluff community and at the request of the Dayton's Bluff District Four Community Council Board of Directors. Mr. Steve Hakala has proved himself to be an incorrigible scofflaw. He entered into an agreement with the City to abide by a perfectly reasonable set of conditions and has consistently broken this agreement. Even a recent 15 day closing and fine did not deter him from violating those condition almost immediately upon re-opening. If the conditions were too tough or somehow difficult to come into compliance with, it would be understandable. But they are not. His business is a blight upon a neighborhood that is warking very hard to raise its standards of livability. We urge you to end his mockery of the conditions set forth in his 1_iCCP_S? a.�ri t., f'rP? thP �C*P_IT!un_t�� frOID t11S .°.*1fOZCCT_F1PP.t tY!CTP_ �T1C1 Cve by closing Steve's Auto Body permanently. Thank you for your consideration. I can be reached at 651-772-2075. Sincerely, �� John Vaughn, Community Organizer Cc Councilmember Kathy Lantry Virginia Palmer, City Attorney � Creating a sense of place and a place that makes sense � �; , OFFIC THE CITY ATTORNEY ' • CTaytors imson, Jr., City Aaorney �L` —�� CITY OF SAINT PAUL Norm Colemars, M¢yor IURe ZZ ZD�O Steven Hakala Steve's Auto Body 1196 E. 7"' Street Saint Paul, Minnesota 55106 Civi[ Div&ian 400 Ciry Ha1! IS WestKellagg Blvd SaintP¢ut, Minnesofa 551D2 NOTICE OF HEARING Te(ephone: 651266-8710 Facsimile: 657 298-5619 RE: Auto Body Repair Garage License Held by Steve's Auto Body St. Paul, Inc. d/b/a Sfeve's Auto Body, for the premises at 1196 E. 7` Street License ID #: 19980000406 Dear Mr. Hakala: Please take notice that a hearing will be held at the following rime, date and place conceming all licenses for the premises identified above: Date: Tuesday, July 18, 2000 Time: 9:30 a.m. Place: Room 41 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administratave Hearings: Name: Telephone: Allan W. HIein OfTice of Administrative Hearings l00 Washington Square, Suite 1700 Minneapolis, MN. 55401 612-341-7609 St. Paul dlb/a Steve's Auto Body St. Pau — City's Exh. No.14 —' � - �c-�� '. The Council of the City of�t Paul has the authority to provide fo�arings conceming licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 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 follows: It is a condition of your license that there is to be no exterior storage on the property other than the parking of customer andlor employee vehicles. On January 12, 2000 the Saint Paul City Council took adverse action against your license based, in part, upon previous violations of this license condition. The Council resolution gave you one week to bring the property into compliance with the conditions on your license. On March 17, 2000 you were advised by a letter from the Saint Paul City Attorney's Office that the property was still not in compliance with the condition relating to outdoor storage, and that on ., February 17, and March 2, 2000, the license inspector had observed inoperable vehicles and outdoor storage on the lot. Again on April 28, 2000 the license inspector observed the premises and observed junk cars and parts on the lot in the front and back of the building, in violation of the conditions on your license. 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 sections 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. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City wili then present its witnesses and evidence, each of whom the licensee or attomey may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each ofwhom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party 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. Concluding 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 Notice of Hearing - Page 2 � '. ~ production of documents i�nformity with Minnesota Rules, part 0.7000. ��—�� j7"j If a stipularion or a�eement can be reached as to the facts, that stipulation will be presented to the Admuustrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challen�e the allegations will be forfeited and the allegations against you which have been stated eazlier in this notice may be taken as hue. If non- public data is received into evidence at the hearing, it may become public unless objection 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 tculy yours, � .�� Virginia D. Palmer Assistant City Attorney cc: Nancy Thomas, Office of Administrative Hearings, 100 Washington Squaze, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessier, Director, LIEP Christine Rozek, LIEP John Vaughn, Community Organizer, Dayton's Bluff District 4 Community Council, 281 Maria Ave., St. Paul, MN 55106 Notice of Hearing - Page 3 _• �:• . � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY �J ��-9�� AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on June 23, 2000, she served the attached NOTICE OF HEARING upon the following named person placing a true and correct copy thereof in an envelope addressed as follows: Steven Hakala Steve's Auto Body 1196 E. 7 Street St. Paul, MN. 55106 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United ates mails at St. Paul, Minnesota. � �, ., � S Subscribed and sworn to before me this 23rd � of ,d2t�e, 2000. /� �i��Tti'9��0\ �P•'.k�asa.l NOTARYWBUCAMNNESOA Notary Publ' MYCOanMissioN ;.,�. EXPIRE� dAN. $1 � 21� OFFICE OF THE CITY ATTORNEY , + CluyYOm M. Robixsom, ✓r., CityAUOrney y.�� r� (/ <.) CITY OF SAINT PAUL 'r� � �= 7 �� Civi/Division Norm Coleman, Mayor s, � t �,._ 400 Ciry Hal! �� sf 2� �� li• 5 f rswesrr�noggamd Sair+t Pau[, Minnesou SS702 i . _ :';. ' . _ t',_'ri�::i�� 7une 22, 2000 NOTICE OF HEARING Steven Hakala Steve's Auto Body 1196 E. 7"' Sh Saint Paul, Minnesota 55106 Telephane: 65I 266-8710 Facsimile: 651298-5619 RE: Auto Body Repair Garage License Held by Steve's Auto Body St. Paul, Inc, dJbJa Steve's Auto Body, for the premises at 1196 E. 7"' Street License ID #: 19980000406 1�2:k47LC��,'dk� Please take notice that a hearing will be held at the following tame, date and place conceming all licenses foz the premises identified above: Date: Tuesday, July 18, 2000 Time: 9:30 a.m. Place: Room 41 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Allan W. HIein Office of Administrative Hearings 100 Washington Square, 5uite 1700 Minneapolis, MN. 55401 Telephone: 612-341-7609 �6-95� ;- "- The Council of the City of Saint Paul has the authority to provide for hearings conceming licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- intoxicating liquor, authority is also conveyed by Mivnesota Statutes secrion 340A.415. Adverse action may include revocation, suspension, fines and other penaities or conditions. Evidence wili be presented to the judge which may lead Yo adverse acrion against all the licenses you hold at the above premises as follows: It is a condition of your license that there is to be no exterior storage on the property other than the parking of customer and/or employee vehicles. On January 12, 2000 the Saint Paul City Council took adverse action against your license based, in part, upon previous violations of this license condition. The Council resolution gave you one week to bring the property into compliance with the conditions on your license. On March 17, 2000 you were advised by a letter from the Saint Paul City Attorney's Office that the property was still not in compliance with the conditioa relating to outdoor storage, and that on �, February 17, and March 2, 2000, the license inspector had observed inoperable vehicles and outdoor storage on the lot. Again on Aprii 28, 2000 the license inspector observed the premises and observed junk cars and parts on the Lot in the front and back of the building, in violation of the conditions on your license. 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 unauthozized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.5� to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be appiicabie. At the hearing, ihe Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attomey may cross-examine. The licensee may then offer in rebuttai any witnesses or evidence it may wish to present, each ofwhom the City's attomey may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either parry who have a substantial interest an 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. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings ofFact, Conciusions of Law, and a specific recommendation for action to be taken by the City Councii. 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 Notice of Hearing - Page 2 �production of documents in confomuty with Minnesota Rules, part 1400.7000. �� 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 faal to appear at the hearing, your ability to challenge the allegarions will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non- pubiic data is received into evidence at the hearina, it may become public uniess objection 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, ��f �� U Virginia D. Palmer Assistant Ciry Attorney cc: Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Suite 1700 Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP John Vaughn, Community Organizer, Dayton's Bluff District 4 Community Council, 281 Maria Ave., St. Paul, MN 55106 Notice of Fiearing - Page 3 CITY OF SAINT PAUL Norm Coleman, Mayor June 14, 200Q Steven Hakala Steve's Auto Body 1196 E. 7�' Street Saint Paul, MN 55106 OFFICE OF THE CITY ATTORNEY �� _�� D Clayton M. Robinson, Jn, Ciry Atmrney Civi[Diviston 400CityXa![ Te[ephone:651266-8770 15WesiKeltoggBlvd. Facsimite: b51298-3619 Saint P¢ul, Minnesota 55102 12E: Auto Body Repair Garage License Held by Steve's Auto Body St. Paul, Inc. d/bfa Steve's Auto Body, for the premises at 1196 E. 7` Street License ID #: 19980000406 Dear Mr. Hakala: On June 6, 2000 I received your letter dated May 24, 2000, which appears to be in response to the Notice of Violation dated May 17, 2000. The letter does not indicate whether you are requesting a hearing before an administrative law judge, but because it seems to be disputing the aliegations of the Notice of Violation, I am assuming that you do wish such a hearing. Please contact me no later that June 21, 2000 if you are not contesting the facts of the Notice of Violation and do not wish to have a hearing before an administrative law judge. If I have not heard from you by that date, we wiil send you a Notice of Hearing with the allegations of violations which will be presented at the hearing, the date, time and place of the hearing and a brief description of the procedures which wili be followed. Sin�� ly, � �� / .-�c� Virginia D. Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP � St. Paul d/b/a Steve's Auto Body St. Pau — City's Exh. No.13 —, . �• j` Z�f - �c� �D-R5� t j Ll � j! C G:c'SC �7 ��l /�tS C�tsl�Ov'-�r d K f / �:�/llpa/�� UL�.`c�rs - �� // � �yl c( OS e' � qo' � C O� r<s a( � li 'i L�!/c9lj� 4d�C�S ��" 7`L G Ci�S`�a<s�c i- i/�/-��`�l�S, TG�� `��✓ �=rucl� oC 7`G, � L;��c�l� �� o�� x� �� ,��- �:� �ti� P ,��tiz.-x y �'? !�(' !'!�G � rG �:�T cl1� ( �� f QV" �/'�s's' ��- ,s ��y ;��ss,s�� h � � l�, �� °f s-�� o�-� � l� ��.� �� oP¢ � y ��V U �� i�-s ;��s,�-�� 1�� oP� �o�� w�'� � ��- w,�sr�,y P� ��c-ll C/�Gi,'c�rs' �Ti �l xt�� f'C��7 1��u/ j�aj/'LC}�ols` / �r �'� �), �� }�: � zs - �' ��u� y �o ��? �� ' y� a� ✓ i a��.- �4 c vC�o� j u✓� �i? LU 't� ., �2�"ci O� vl�oC �zz°� [�✓E?/l'cPf� F3y7 . v�l�.clrs o��s,�c _ ,. w e � � � � �- � � e.�, �,� � f��zs- � . o�� w � z �� 7-,� �� j� �� .� �t �u��1� . 7 � �u rl `: y l� �1� �-r� ��z �� l�-�e� 4'.7�f �`��c �7 c� xo y J u� f� �a�7 f� �� r ' ,,, �7` . � CEIVED JUN 0 6 2QCD �� CITY ATTORiV�� St. Paul d/b/a Steve's Auto Body St. Pau — City's Exh. No. 12 — Caz Make: License # Owner Address Phone #'s Home Work Oty '7� S�� -� m L�ii`C��-l¢rv �i' i�s ��-9�5� Steve's Auto Body St. Paul INCORPORATED 1196 7th Street East St. Paul, Minnesota 55106-4014 (651) 776-3482 Fax {651) 487-5307 Parts 1 Labor Parts �� w � �� `P�� Q'/ �OC!'�c .� , � Eslimated By: � Labor Sub-Total Tax Total -. , ��/��P � �I�-9�5v Car Make: Zr//� Cc�� v.- License# Steve s Auto Body St. Paul Owner �%�� G� INCORPORATED Address 11 gg 7th Street East Phone #'s St. Pau{, Minnesota 55106-4014 Home (651) 776-3482 Work Fax (651) 487-5307 Oty Description ' Parts . I Labor � r � �,� Parts Labor Sub-Total Tax Estimated By: Car Make: License # Owner Address Phone #'s Home Work �� H �/ysS t C'�j i/ �d��r< i� /�a /cTi' Oty Description r 8 �� `�� e vvn �-�_ C?fJ ��'' - ��i�s��` S'= j "z - �d o d - 9�5� Steve's Auto Body St. Paul INCORPORATED 1196 7th Street East St. Paul, Minnesota 55106-4d14 (651) 776-3452 Fax(651)487-5307 � -�„ Parts Labor Sub-Totai Tas Parts 1 Labor Estimated By: CarMake: �� f�Ci Grg- License # ,.�_„�' �'�(/ Owner 1�qW� � �� Address _.�� Phone #'s Home Work Oty Description �� f � � 2�v r Db Steve's Auto Body St. Paul INCORPORATED 1196 7th Street Easi St. Paul, Minnesota 55106-4014 (651) 776-3482 Fax(651) 487-5307 Parts � Labor Parts Labor Sub-Total Tas Estimated By: CazMake: ' � 2 G�'� �o� License # Owner �v f /�S Address Phone #'s Home Work Oty � Description � i: c,� � C�7 -�1�� Steve's Auto Body St. Paul INCORPORATED 1196 7th Street East St_ Paul, Minnesota 55106-4014 (651) 776-3482 Fax (651) 487-5307 Parts I Labor C� CN <y '�' ' �' '- f?FJ paI'tS Labor Sub-Total Tax Total Estimated By: Y • � �J CITY OF SAINT PAUL Norm Coleman, Ma}'or May 17, 2000 OFFICE � CI"IY ATTORNEY C� I� - 9� j� Cl�ytors M. �cDStnson, Jr., Crry Attorrsey c�Urt o«rsro,� 400Ciry�Hal1 Telephone:65[266-87/0 ISWestKe!loggBb�d. FacsimiTe:651298-ibl9 Saint Paul. Minnuota i� I01 NOTTCE OF VIOLATION Steven Hakala Steve's Auto $ody I 196 E. 7"' Street Saint Paul, Minnesota 55106 RE: Auto Body Repair Gazage License Held by Steve's Auto Body St. Paul, Inc. d/b/a Steve's Auto Body, for the premises at 1196 E. 7`" Street License ID #: 19980000406 Dear Mr. Hakala: The Office of License, Inspections and Environmental Protection has recommended adverse action against the licenses held by Steve's Auto Body St. Pau1, Inc. dlb(a Steve's Auto Body, for the premises at 1196 E. 7`h Street. The basis for the adverse action is as follows: It is a condition of your license that there is to be no exterior storage on the property other than the parking of customer and(or employee veLicles. On January 12, 2000 the Saint Paul City Council took adverse action against your ticense based, in part, upon previous violations of this license condition. The Council resolution gave you one week to bring the property into compliance with the conditions on your license. On March 17, 2000 you were advised by a letter from the Saint Paul City Attorney's Office that the property was still not in compliance with the condition relating to outdoor storage, and that on February 17, and March 2, 2000, the license inspector had observed inoperable vehicles and outdoor storage on the lot. Again on Apri128, 2000 the license inspector observed the premises and observed junk cars and parts on the lot in the front and back of the building, in violation of the conditions on your license. St. Paul d/bia Steve's Auto Body St. Pau — City's Exh. No. ll . , Page 2 Steven Hakala May 17, 2000 � � � �- g�5a If you do not dispute the above facts, please send me a letter admittin� that they aze true. The matter wili then be scheduled before the City Council for a hearing to determine what penaity, if any, is appropriate. You will have a chance to appear and make a statement before the Council on your behalf. If you wish to dispute the facts, you aze entitled to an evidentiary hearing before an administrative law judge. Ifyou wish to have such a hearin�, please send a letter stating that you are contesting the facts. You will then be sent a notice of hearing with the date, time and place for the hearing, the name of the administrative law judge, and an explanation of the procedures. Please let me know in writing no later than Tuesday, May 30, 2000, how you wish to proceed. If you have questions about these options, please feel free to contact me at 266-871Q to discuss them. IF I have not heard from you by Tuesday, May 30, 2000, I will assume that you are not contesting the above facts and will schedule the matter for the hearing in front of the City Council. Sincerely, .�� u�� P-�-� � Virgisria D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP John Vaughn, Community Organizer, Dayton's B1ufFDistrict 4 Community Council, 281 Maria Ave., St. Paul, MN 55106 � r . r . • • STATE OF MINNESOTA ) ) COUNTY OF RAMSEY ss. � i I' �� AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on May 18, 2000, she served the attached NOTICE OF VIOLATION upon the following named person placing a true and correct copy thereof in an envelope addressed as follows: Steven Hakala Steve's Auto Body 1196 E. 7th Street St. Paul, MN. 55106 (which is the last known address of same, with postage prepaid, in the Minnesota. i,,,d—pe.�son) and depositing the ted St�tes mails at.8'h. Paul„ S Subscribed and sworn to before me this 18th d3� of�y�-�000. Notary PETER P. PANG80RN NpTARY PUBUC' MINNESO7A MY COMMISSION EXpIRESJAN.31,2006 .. � Ginger�Pslme� -�Re: SfeJe's Auto Body �� `""� _._ __ _ ��,._ . . _ _,._ . _ _ .. � _. . �- - - page 1 : D�-9� � From: Kristina Schweinler To: Palmer, Ginger Date: 5/9/00 11:04AM Subject: Re: Steve's Auto Body Christine and I were there on the 28th of April and it is still not in compliance Junk cars and parts in front and back. St. Paul d!b(a Steve's Auto Body St. Pau — City's Exh. No. 10 — License Group Comments Text Licensee; STEVE'S AUTO BODY ST PAUL INC �BA� STEVE'S AUTO BODY ST PAUL INC License#: �ggg0000406 04I05(2000 �� - �� 03/17/2000 Letterfrom CAO indiwtlng that property is still in violation of license conditions. Must clean up immediately or could go to council foriurther adverse aciion. CAR 3/7/2000 Letter from KS to CAO indicating that some work has been done, bui property is still in violation This letter transmits pictures of 2/17/2000 and 3!2/2000. CAR 2/17/00 and 3/2/00 picNres indicate still have cars and pads stored in back and too many cars in front.KS 2/11/2000 $500 fine paid. CAR 7/27/2000 - Suspension and Fine letter given to Kris to hand deliver (Business to be closed 2/02/00 thru 2/16/00 and $500.00 fine due 2/� 1/2000) - LAB 01/12/2000 CF00.34 approving $500 fine serve t 5 day closure with an additional 'f 5 days stayed if licensee has no more violations for 18 months, and property is cleaned up within 7 days of passage of this resolution. CAR 12/22/99 Notice of Council Hearing from CAO for 1/12/200. Recommend 30 day suspension of license, stayed for 18 months on 3 conditions - property hrought irtto complia�ce within 7 days, no fuRher violations during the next 18 months, $500.00 fine paid within 30 days. CAR 12/7/99 Pictures to CAO for adverse action. KS. 12/1/99.still out of compliance per pictures taken by KS. KS 10/28/99 Notice of �olation from CAO for failure to comply with Iicense condtions. 1113/99 response date. CAR 9/73/99 Letter from KS, Senior fnspector, indicaGng that licensee is not in compliance with license condiGOns to provide a fence and no e#erior storage. Deadline of 9/30/99 given for compliance. CAR 11/23/98 CR 98-989 approving license with conditions. CAR 9/23/98 - Public hearing date 10l23/98, notices mailed 9/23l98; 19M, 110 & 40EM/JL �II 1'Q Q 1CQ SC � � St. Paul dlbla Steve's Auto Body St. Pau ^ City's Exh. No. 3 —' License Group Conditions Text Licensee: STEVE'S AUTO BODY ST PAUL INC �BA. STEVE'S AUTO BODY ST PAUL INC Liceese #: 1g980000406 04/OSl2000 �� 9�a 1. Parking, manuevering, customer vehicle storage and dumpster location shall be as shown on the site plan on file with LIEP, dated 6!5/98. 2. The dumpster shall be enclosed with a 6'-0" high wood obscuring fence by October 2, 1998. 3. There shall be no eMerior storage other than the parking of customer/ employee vehicles. 1 St. Paul d/bla Steve's Auto Body St. Pau — City's E�. No. 2 — Db-9�� CITY OF SA1NT PAUL INTERDEPARTMENTAL MEMORANDUM DATE: 4/4/00 TO: Ginger Palmer FROM: Kris Schweinler+��' RE: Steve's Auto Body Ginger, As of the date of the picture the licensee Steve Hakula was not in compliance with the conditions of his license yet. I did talk to a Leroy Bobick who said he was a pariner of Steve's and that they now had it as clean as they could get it. I told him that I would be out in the next few days to check on it and take more pictures. That there should be no outdoar storage of anything and no parts being stored in inoperable vehicles. He did say that some of the stuff is the properiy owner and that they had no control of that. I told him they would be responsible as the licensee. He seemed to understand and said they would comply. -..'=a ;::;"�.; St. Paul d(b/a Steve's Auto Body St. Pau — City's Exh. No. 9 — �� : _ �- �� , � k� � � L - `� �: _ ��q, _� � - � ` � I ` I„ " ,-� �'��( i - �� '�` _._ �� .�. ,�� A � ti _ �91E� .• -.�„� � , - ,��`�i . = ��: .-_ �_ � __ _- � -` � � ,'��. : r; � • OFFIC�F Tf� CITY ATTORNEY Cloyton M. Robirzson, Jr„ CityAt[omey 91 h�� L'y� !/!/ �J �i CITY OF SAINT PAUL Narm Colemun, Mayor �� March 17, 2000 Steven Hakala Steve's Auto Body 1196 E. 7�' Street Saint Paul, NIN 55106 Civil Division 400 Ciry Hal1 IS West Kellogg Blvd Saint Paul, Minnesota SSIO2 Telephane: 651 266-8 i IO F¢csimile: 65! 198-5619 RE: Auto Body Repair Gazage License heid by Steve's Auto Body St. Paul, Inc. d/b/a Steve's Auto Body for the premises at 1196 E. 7`� Street License ID #: 19980000406 Deaz Mr. Hakala: As you know, the Saint Paul City Council imposed adverse action against the licenses held by you at 1196 E. 7"' Street by action on January 12, 2000. The Council resolution, a copy of which was provided to you, states that you have one week from the passage of the resolution to bring the properiy into compliance with the conditions on the license. Failure to comply could subject you to the remaining fifteen days suspension, which was stayed for 18 months. On February 17, 2000 and on March 2, 2000 an inspector viewed the property and observed that, despite the fact that you have done a lot of cleaning up, there aze still violations of the condition relating to no outdoor storage. It is extremely important that you remedy this problem immediately, and that you be in compiiance with all of the conditions on your license, or the Office of License, Inspections and Environxnental Protection will have no option but to again recommend adverse action against your license. If you have any questions at all about the conditions on your license, piease contact LIEP to discuss them. Sincerely, J�� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director of LIEP Christine Rozek, Deputy Director � St. Paul d/b/a Steve's Auto Body St. Pau — City's Exh. No. 8 — 0�-95� . ., .. • � • : : u�_ ►r : ui u � : �� 1� DATE: 3/7/2000 TO:Ginger Palmer , FROM: Kris Schweinler�J RE:Steve's Auto Body Ginger, Attached are some pictures I took on 217/2000 and 3/2/2000 of the property at 1196 E.7th St. D.B.A. Steve's Auto Body. They have cleaned out a great deal but I still believe they are in violation of the outdoor storage of parts and inoperable vehicles. Please let me know as to how to proceed on this matter. Cc: Christine Rozek/Deputy Director �� Y ssia' :�s�` � '.,•'. � �, ��.. �. :. t � � � s { � .. � . 6 y . ' ,. ` .. . . .-. :... �, �St. Paul d/b/a Steve's Au to Body�$t p�aul � — City's Exh. No. 5 — ' � OFFICEO�:ENSE,I<\*SPECTIONSAND ��—�� ENVII20NMENTAL PROTECTION Robe,t Kess[er, Direaor CITY OF SAINT PAUL Norm Ca[eman, Mayor T3T1Uary 25� 2�� Steven Hakala, Vice President Steve's Auto Body St. Paul Inc. 1196 East 7`" Street Saint Paul, NIN 55106 Dear Mr. Hakala: Talepiene: fi512669090 Fncv�dle: 651-26(r9099 651-26G9124 • ';� : a �.{�1 �, Enclosed is a copy of City Council Resolution Number 00-34 which suspends the Auto Body Repair Garage license issued to you by the City of Saint Paul for a period of thirty (30) days with fifteen (15) days stayed for a period of eighteen (18) months and imposes a fine of $500.00 for the foilowing violation: Violation of conditions placed on the license. The suspension and fine was adopted by the City Council in final written form at the CounciPs regular meeting on Jannary 12, 2000. The effect of this notice is that no business operations shall be permitted for fifteen days beginning at 12:01 a.m. on Wednesday, February 2, 2000 through 11:59 p.m. Wednesday, February 16, 2000. This is a sedous matter that demands your adherence. Absolutely no auto repairs shall be permitted on the licensed premises during this whole period. Also, a fine in the amount of $500.00 is due for the above mentioned offense which is payable no later than the close of business (430 p.m.) on Friday, February 11, 2000. Please contact me at 266-9108 if you have any questions regarding this matter. Sincerely, C J' "'�"' LC.�-� / � Christine Rozek Deputy Director cc: Commander Dennis Jensen, SPPD-Eastern Dishict Robert Kessler, Director-LIEP Peter Pangbom, Legal Assistant Kris Schweinler, Senior License Inspector IAWRY PROFESSIONAL BUbDING Suite 300 350 Se. Peter Street Sairu Paul, Minnesota SSIO2-I510 NOTICE OF LICENSE SUSPENSION AND IMPOSITION OF FINE � � � St. Paul dlb/a Steve's Auto Body St Pau — City's Exh. No. 4 — OR1��INAL Presznted By Refened To Committee: Date 1 RESOLVED, that the auto body repair saza�e license held by Steve's Auto. Body St. 2 Paul, Inc. d/b/a Steve's Auto Body (License ID7 19980000406), for the premises at 1196 E. 7�' 3 Street, is hereby suspended for a period of thirty day �for violation of conditions placed on the 4 license. � �>ti �5 �l� s t � �z�s <- s �s �r:,'; ° ,�' � CeMmcrc: F��4 3� 3oco� c.v�.� \5 S J 5'�c <<, 6 FURTHER RESCLVED, that said suspension sh 1 be stayed for a period of ei�hteen � t �' m�,��-1 7 months on the followinQ �onditions: 1) that the property is brouaht into compliance with the 8 conditions on the license �,�Zthin one week from the passage of this Resolution; 2) that there be no 10 I1 12 13 14 IS 16 17 furtlier viofations of the c�nditions on the Iicense or other code or zonin� violations durin� the ei�hteen months; and 3) �:at the licensee pay a fine of $�00, said fine to be paid to the Office of License, Inspections and �nvironmental Protection within thirty (30) days of the adoption of this resolution by ttze Council and si�nature by the Mayor. This Resolution and the action of the Council in this matter aze based upon the facts contained in the September 13, 1999 letter to the licensee from LIEP, the October 28, 1999 Notice of Violation letter to the licensee, and such azguments as may have been presented to the Council at the public hearin�. The licensee did not contest the facts. Recvested by DeFartment of: � r';J�t�f;� � �� Fozm Annroved by City Attorn By: ✓ ��CL�.L / � .�t Aonroved by Mayor for Sc:bmissicn Co Cocncil � �`t\ eC\ cl F� � - ` i � �' � � RESOLUTION CITY OF SAI��iT PAUL, NIIlVNESOTA Counci] File = 00 —�y GreenSheei= — 104497� Ul/"1-J(� 3a By: ��__��=_� � "Y: Anproved by Mayor: Date By: _ _ ._ Adcated by Cou^.c:'_: Date �\.�\\ �.� aC0 "O Adootion Certi.ied 5y C�.ssici3�ecretary September 1, 2000 Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Boulevard S±. Pau!, Minnesota 55102 � � 1 �� 2ECEIVED ��' � 5 2�Q0 ClTY CLERK Re: In the Matter of the Auto Body Repair Garage License Held by Steve's Auto Body Inc.; OAH Docket No. 6-2119-12951-3. Dear Mr. Owusu: Enclosed is a copy of tape recording of the hearing in the above-referenced matter. The Findings of Fact and record were returned to you on August 31, 2000. Sincerely, ��'� SANDRA A. HAVEN Administrator of Office Services Telephone: 612/34 9 -7642 sh Enc. STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section &Administrative Services (612) 341-7600 �TTY No. (612) 341-7346� Fax No. (612) 349-2665 .�. ,.. �.i; ,� ;;:.. .;;� (� ., . ; ' .,, , �, d :,,_ - �,. �i� t � t��, _ - / . � � / -� . i� � .� � j � _ , �- •� .' `I` � � ..L . 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" f!i � i� z / ) t ��) > j ')� (� . i. .e.. � 4 �:i .� � � .ir ,'�;� � � � ;:. � `'>s ,� ',�� . \ � 3��- , )� � �° ad �.: 9 �A..,f:' �, i ��,c;`-ZE� A':1 � S-:<; �::� �, — � —�_! � , � ,: � ,�:, f � . �� o os�;9+�� ' D`O a'� @ peg� �. >�'��'i3 ti��. �. � `��'oaf>e �oe � '�r.no+ • D P. 0.0 P�6�9E'. �.� � p�A��Deq�O�O�p'��' �aooYOe�c?' .: I D0<�0�O0Q04e�iV�e. o�a� ., +�ama,�� e °.i�� r t . 3ao�� I �Ji•i,� , �+ � '� �, '� L ,,.i��. � i� �� '" !l ; �i�t i,`�� . ', i 1 ;�� i,' ' : � B I ' l �� f' / � a I j I � h� �e � � 1 � 1 , :t;1 I . / �! I� �/ I� I �� p �A �: r -��-�-� YQ(di . _...__ . �v 'c� O�� p�� 3�0� a:�:� '�B�d � 1 �P� ' � ;" . ;. i i i \� i \I oR«iNA� Sv.�os�:�'�.�L - O�fi. �\, �000 RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Referred To Council File # Q p�'95 Q GreenSheet# (OGdrl� Committee: Date RESOLVED, that the auto repair garage license held by Steve's Auto Body St. Paul, Inc., d/b/a Steve's Auto Body St. Paul, is hereby denied, based upon his failure to comply with the conditions set forth on his license. 4 5 FURTHER RESOLVED, that the findings of fact, conclusions of law and memorandum 6 contained in the ALJ Report in this case, dated August 31, 2000, are expressly ratified and 7 adopted as the written fmdings and conclusions of the Council in the matter, with the following 8 amendments: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1. A new Finding of Pact No. 18 is hereby adopted to read as follows: "18. Efforts b�LIEP staff to monitor compliance with the conditions on Mr. Hakala's license have required an excessive use of staff time, and have not succeeded in brinQin¢ the �ronertv into compliance with the conditions." 2. A new Finding of Fact No. 19 is hereby adopted to read as follows: "19. The licensee will not be able to com�ly with the conditions relatin� to outside stora�e at this location because of space limitations." This Resolution is based on the record of the proceedings before the Administrative Law 7udge, inciuding the hearing on 7uly 18, 2000, the documents and e�ibits introduced therein, and the deliberations of the Counci] in open session on September�5; 2000. i�7 1 2 A copy of this Resolution, as adopted, shall be sent by first class mail to the 3 Adminisirative Law Judge and to the Licensee. ORIGINAL Requested by Department of: By: App. By: By: Foxm Approved by City Attorney By: Approved by Mayor for Submission to Council By: Adopted by Council: Date l�''S \\. 1Q�D .�`- Adoption Certified by Council Secretary n.. QGEf D�Af2TMINTlOFFICElCOUNCIL DATEWrtNTED - �� ' •— _ ci Attorne October4 2000 GREEN SHEET No 106074 CONTACT P92SON & RqNE � InxbYO�b, NmYlOab VirginiaPalmer 266-8710 ,�,,,,,,, p,,.� MUST BE ON COUNCILAGEI�VI BY (p4T� October ll, 2000 - Consent AE° �" xu�etson rnr.,,onar arrmuc aouretc artnv� � w�wr�tuxwusuc wwew�ac�acara " ❑rn+w�roR�*+sown ❑ TOTAC # OF SIGNANRE PAGES (CLJP ALL LOCATIONS FOR SIGNATURE) criorr REauESTm Memorializing the decision of the City Council revoking the Auto Body Repair Garage License held by Steve's Auto Body St. Paul, Inc., dba Steve's Auto Body St. Paul, 1196 East 7th Street. (Public hearing held September 27, 2000) RE MMENDATI ApplOVO A) Of ROJBM () PERSONALSERVlCE CONiRAC75 MUSTANSWER 7HE FOLLOMlIN6 QUESiIOIiSe 1. HasihieP��everxot�ceduMwacaOraetSartYircdepaAmeN? PLANNING CAMMISSION YES NO CIB COMMI7TEE 2. ties ihis pereoNGrm ever bean a dty empoyee4 CML SERVICE COMMISSION v6 NO 3. Ooec thie P�rm Pweea� a sltill rwt riormal�YP�aessed M anY curteM cilY emPbY�7 YES NO 4. la thia pe�eorvRrm a tar0etad vendaR YES NO � Fxqain dl 1� �xers on eeP�e shee� a� aGach b preen she� INITIATING PROBLEM ISSUE, OPPORNNI7Y (Wlw, Whet, When, Where, Why) ADVPNTAGESIFAPPROVED . - , . �✓�Sl��°'s's �°u�`2a'��`..,°1 v�;lt.Fi� ��&�� DISADVANTAGES IF APPROVED DISADVAMAGES IF NOT APPROVED TOTAL AMOUN70F TRANSACT�ON S COST/ItEVDlUE BUD6ETm (GRCLE ONh7 YES NO FUNDIN6 SOURCE ACTNRV NUF�ER FlWWCW. WFORMAiION (IXPWNj ORIGINAL RESOLUTION CTTY OF SAINT PAUL, NIINNESOTA Presented By Referred To Council File # 00 � 9 $ O Cneen Sheet # � - � t-f I lq Committee: Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RESOLVED, that the auto repair garage license held by Steve's A o Body St. Paul, Inc., d16/a Steve's Auto Body St. Paul, is hereby denied, based upon his ailure to comply with the conditions set forth on his license, and a fine of $1,000 is imposed, pon the licensee. FURTHER RESOLVED, that the fmdings of fact, contained in the ALJ Report in this case, dated August 31, adopted as the written findings and conclusions of the Cou amendments: l. A new Finding of Fact No. 18 is hereby � 2. A new Finding of Fact No. 19 is m m This Resolurion is based o the record of the proceedings before the Admuustrative Law Judge, including the hearing on ly 18, 2000, the documents and e�ibits introduced therein, and the deliberations of the Co cil in open session on September a�, 2000. �bns of law and memorandum �re expressly ratified and the matter, with the following to read as follows: n adopted to read as follows: 1 2 3 A copy of this Resolution, as adopted, shall be sent by first class mail to the ��'� � Administrative Law Judge and to the Licensee. ORIvfNAL Requested by Department of: By: Form Approved by City Adopted by Council Adoption / Date by Council Secretary By: Approved by Mayor for Submission to Council Hy: ay: Approved by Mayor: Date By: CIT'Y OF SAINT PAUL Nnrm Coleman, Mayor September 7, 2000 Steven Hakala Steve's Auto Body 1196 E. 7"' Street Saint Paul, Minnesota 55106 NOTICE OF COUNCIL HEARING SEP 0 7 2000 RE: Auto Body Repair Garage License Held by Steve's Auto Body St. Paul, Inc. d/b/a Steve's Auto Body, for the premises at 1196 E. 7`� Street License ID #: 19980000406 Dear Mr. Hakala: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned license has been scheduled for 5:30 p.m., Wednesday, September 27, 2000, 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 time during normal business hours. You may also present oral or written argument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law 7udge 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 @iscretion. Sincerely, v � ��✓�w'� Virgima� r Assistant City Attomey cc: Steven Hakala, 1204 East 7"' Street, St. Paul, MN 55106 Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP John Vaughn, Community Organizer, Dayton's Biuff District 4 Community Council, 281 Maria Ave., St. Paul, MN 55106 OFFICE OF THE CTTY ATTORNEY C/ayma M. Robinson, Jr., Ciry Atmrnry L1 � - r Civil Division 400 Ciry Hall IS Wesr Kellogg BZvd. Saint Paul, Minnuota 55102 ��—`fsa Te[ephone: 65! 266-8710 Fncsimile: 651298-56I9 Go�Er!c� Rgse�rch Cer,ter eb -� �a 6-2111-12951-3 STATE OF MINNESOTA OFFICE OFADMINISTRAT(VE HEARiNGS FOR THE SAINT PAUL CITY COUNCIL In the Matter of the Auto Body Repair Garage License held by Steve's Auto Body St. Paui Inc., dba Steve's Auto Sody St. Paul FINDINGS OF FACT CONCLUSIONS OF LAW RECOMMENDATION AND MEMORANDUM This matter was heard by Allan W. Kiein, Administrative Law Judge, on the morning of July 18, 2000 in the St. Paul City Hal(. Appearing on behalf of the City of Saint Pau1 and its O�ce ofi License, Inspecfions and Environmental Protection was Virginia D. Palmer, Assistant Cify Attorney, 400 City Hail, 15 W. Kellogg Bouievard, St. Paul, Minnesota 55102. Appearing on behalf of Steve's Auto Body St. Paui Inc. was Steve Hakala, 1204 E. 7 Street, St. Paul, Minnesota 55106. Mr. Hakala appeared without benefit of counsel. The record closed at the end of the hearing on July 18, 2000. NOTICE Nofice is hereby given that this Report is a recommendation, not a final decision. The Saint Paui City Councii will make the final decision after review of fhe record. The City Council may adopt, reject, or modify these Findings of Fact, Gonclusions, and Recommendations. Under Section 310.05(c)(c-1) of the City's Legisiative Code, the City Councii will provide the applicant fhe opportunity to present oral or written argument to the City Council before it takes finai action. Parties shouid contact the St. Paul City Council to determine the procedure for filing exceptions or presenting argument to the Council. STATEMENT OF iSSUE Has Steve's Auto Body violafed the conditions of i{s license so as to warrant disciplinary acfion by the Cify Councii? Based upon all of the proceedings herein, the Administrative Laµi Judge makes the following: dG -q5o FINDINGS OF FACT 1. Steve's Auto Body St. Paul is located at 1196 E. 7 Street in St. Paul. If has been in operation there for approximately iwo and one ha�f years (2 '/z) years. it is in the business of aufo body repair, primarily the fields of fixing wrecks (both smail and large), along with associated work such as rusi removal, and painting. 2. The premises af 1196 E. 7 Street are owned by a Roy Berger. He occasionaily helps Mr. Hakala, but he is not a partner or an investor +n the business. It is anticipated fhat Mr. Nakala will buy the building from Mr. Berger around the end of the year. Mr. Hakala has been renting the front of the building and ihe inside of the building from Mr. Berger. The building is small, housing only 5 stalls, one of which is used by Berger. 3. On November 23, 1998, the City Council approved Hakala's license application but imposed conditions upon the license. The condition at issue in this Hearing read as fo�lows: "There shali be no exterior storage ofher than the parking of customer/employee vehicles". 4. On September 13, 1999, Senior Inspector Kris Schweinler wrofe a letter to Hakala, indicating that he was not in compliance with a number of conditions, including the condition that there be no exterior storage. He was given until September 30, 1999 to comply. 5. On October 28, 199�9, the City Attorney's Office issued a notice of violation for failure to comply with license conditions. AA of this cu{minated on January 12, 2000, when the Council passed CF 00-34, imposing a$500 fine and ciosure of Steve's for fifteen (15) days with an additional fifteen (15) days stayed so long as the Licensee had no more violations for eighteen (18) months. The properly was to be cleaned up within seven (7) days of passage of fhe resolution. Results of this Council action were formally served on Steve's on January 27, 2000. The business was to be closed between February 2 and February 16, 2000, and the $500 fine was to be paid by February 11, 2000. The busin�ss was, in fact, closed befi�veen Februay 2 and February 16, 2000, and the $500 fine was paid on February 11, 2Q0�. 6. On February 17, 2000, Inspectos Schweinier inspeeted the faci{ity and took photographs� The photographs show a total of 9 cars or trucks parked in the parking area in front of the building. One ofi the trucks is a pick-up truck with a tarpaulin over the back box. In the winter, it is used to plow snow. It is also used fo store tools ' Photographs are in evidence as City's Exhibit 6A-6F. �0-qs ihat used fo belong to Hakala's fafher. Behind the building fhere was an inoperable vehicle and a biue/green tow truck on one side of the back fot? 1n the center of the back lot, up against the building, were pieces of scaffolding, one of which had wood stacked on top of it On the ieft side of the back lot are a whife car (which appears to have been recently driven), a utility trailer with material inside of if, and another truck which had not been recently driven. 7. On March 2, 2000, Schweinler returned to view the premises again. The firont parking lot was again fiull. in addifion to the 8 cars and frucks there, a chassis (with axles and 4 wheels attached) was sitting between some parked cars and the sidewalk. In the back, the scaffolding now held even more debris, and the same vehic{es, the inoperable car and the bfue tow truck, were on the right side of the lot, in the same locations as they had been on February 17. In front of them, and blocking their movement, was now a rusted old (late 1940's?) car whose front panei had been removed exposing the engine. On the left hand side of the back lot, the white car and the other truck appeared to be in the same position they had been on February 17. 8. On March 7, 2000, Schweinier transmitted the pictures from February 17, and March 2, 2000 to the City Attorney's Office, Schweinler noted fhat Steve's had "cleaned out a great dea4" but believed fhat they were still in violation of the outdoor storage of parts and inoperabie vehicles. 9. On March 17, 2000, Virginia D. Paimer, Assistant City Attorney, informeci Mr. Hakala that, despite the fact that he had done "a lot of cleaning up", there were stiil vialations of conditions re4ated to no oufdoor storage. She informed Hakaia that it was extremely important that this problem be remedied immediately, or else the City wouid have no option but to again recommend adverse action against his license. 10. On March 23, 2000, Inspecfor Schweinler again visifed the premises. ?here is no evidence with regard fo fhe condition of the front of the lot, but in the back of the lof, there had been no change. A photograph� taken on March 23 demonstrates the inoperable car and the truck on the right side of the lot, blocked in by the blue car. The scafFoid and the wood debris are still present. 11. On Aprii 4, 20fl0, inspector Schweinler informed the City Attorney's Office that Hakala was still nof in compliance with the conditions of his license, based on the March 23 inspection, and that she had toid a Leroy Bobick (who she spoke with on March 23, and who claimed to be a partner of Hakala's) that there could be no outdoor Z This tow truck belongs to Mr. Berger. 3 The scaffolding and the wood belong to Mr. Berger. 4 This white car is a customer's car which came in for repairs, some money was paid and some work done, but the work stopped until more money was paid. It was finally removed in mid-dune. 5 This chassis was part of a restoration job. The body of the car was taken off of the chassis and was being worked o� (nside fhe 6ui(ding. The chassis was ieft outside for about one month. 6 Exhibit 5. 7 Attached to Cify Exhibif 9. oo_qso storage of anything and no parts being stored in inoperable vehicies, and that fhey were not in compiiance and she would be ouf again to check on their progress 9 On April 28 Schweinier again re-inspected fhe premises, and determined that they were still not in compliance. She noted "junked cars and parts in front and back."' 12. On May 17, fhe CityAttorney notified Hakala that LIEP had recommended adverse acfion against the license based upon fhe violation of the license condition that there be no exterior storage on the properfy ofher than the parking of customer and/or employee vehicles.�� 13. On May 24, Hakala responded, indicating that all of the vehicles stored on the premises were either customer or employee vehicles. Hakala indicated that the truck and one car belonged to the owner of the property, Roy Berger, and are licensed to that address. He went on to expiain: It is virtuaily impossibie for a buiiding this smali to store ali parts for damaged vehicies inside al4 day {ong u�hi{e working on such vehicles. We have Senior Inspectors go by many times. They aiways come by during the day, when we are or had been working on vehicles outside. We have a guy who comes by once a week to pick up junk parts. The parking lots have been cleaned and free of any junk parts many times.' 14. Following some other procedural correspondence, a Notice of and Hearing was issued on June 22, setting a hearing for Jufy 18, 2000. The Hearing took place on that date. 15. On July 13, 2000, �Inspector Schweinler returned to the property one last time. She took no photos of the front of the property, but did take photos of tfie back area. On the right hand side of the back area, fhe inoperable car with the flat tire is gone, but the tow truck is still evident. Between the tow truck and the back of the property was a washer and dryer. In the center of the back area was a 55 gallon drum with debris in it, plus approximately 12 tires. Some of the tires were piled on top of each other, but others were lying around at random. There was a bright blue plastic one- qua�i oil container (or similar plastic cantainer) inside one of tne tires, and there were strips of insulation (or perhaps brake lining) lying in the lof. On the leff side of the lot was a large white piece of sheet metal, and ofher unidentified debris. $ This car, which has been presenf in ali of the photographs, has a fiat tire which has been flat from February 17 to at least March 23. 9 Exhibit 9. 10 Exhibit 10. " Exhibit 11. 12 City Exhibit 12. ao _gso 16. At the time of the March visit and af the time of the July visit, there was a large (approximately 4 x 6 foot square} piece of white sheet metal stored outside the building, in the back. This sheet mefal was a part which was to be used in the restoration ofi the trunk ofi the white car. 17. LIEP is recommending fhat fhe Council suspend the license for an additional 30 days, liftthe stay of imposition on the 15 days stiil pending firom the first Council action, and impose a fine of $1,000. LIEP believe fhat imposing fhis increase � penaity on Hakala is necessary in order to "gef his attention" and get him to take whatever actions are necessary to stay within fhe condition of his {icense. 18. When fhe Ciiy issued the Notice of Hearing on June 23, 2000, it sent a copy to John Vaughn, the Community Organizer for District �4 Community Council (Dayton's Bluff}. On July 12, 2000, the Administrafive Law Judge received a letter from Mr. Vaughn on behalf of the Gommunity Council's Board of Directors. The letter sets forth the history of conditions, suspension and fine. It concludes with a recommendaiion that the facility be permanently closed. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the follawing: CONCLUSIONS 1. The St. Paui City Council and fhe Adminisfrative Law Judge have jurisdiction in this matter pursuant to Section 310.05 of the St. Pau1 Legislative Code and Minn. Stat. § 14.55 (1998). : 2. The City has given proper notice of the hearing in this matter and has fulfilled all relevant, substantive and procedural requirements of law or rule. 3. The City bears the burden of proving, by a preponderance of the evidence, that adverse action is warranted with respect to the Licensee's Aufo Repair Garage License. 4. Chapier 310 of the St. Paui Legls(ative Gode contains general provisions relating to licenses issued by the City. Section 310.06(b)(5) provides that adverse action may be taken when "[t]he licensee or applicant has failed to comply with any condition set forth in the license, or sef forth in the resolution granting or renewing the license." Adverse action is defined in Section 310.01 fo include fines, imposition of conditions, suspensions of a license, or revocafion of a license. 5. The City demonstrated, by a preponderance of the evidence, that the licensee failed to compiy with the conditions set forfh in Council Fife #Op-34, as amended. Specifically, the City showed fhat the Licensee stored wood, parts, inaperab{e vah+cies, frash and other debris on the exterior of fhe property. 00 -�Ls� Based upon the foregoing Conclusions, the Administrative Law Judge makes fhe following: RECOMMENDATION The Administrafive Law Judge HEREBY RESPECTFULLY RECOMMENDS fhat the Councii takes ADVERSE action against the License of Sfeve's Auto Body St. Paul, Inc., d/b/a Steve's Auto Body. Dated this �( S� day of August 2000. Reported: Taped C�`t� � . �`•r-�" ALLAN W. KLEfN Administrative Law Judge MEMORANDUM The real problem here is that Mr. Hakala needs much more space for his style of operation. He needs to either move to a larger building, rent additional storage space elsewhere, enlarge the buiiding, or build a storage shed. Such actions are needed to compiy with the Ciiy Council's conditions. The amount of space inside fhe buifding is simply inadequate, and the solution used fo date, to store things outside the building, is exactly what the City Council was trying to avoid. Although Mr. Hakala has improved the condition of the property signi icantly over th2 past few months, if would appear that some sort of major ct�ange is necessary if he is going to comply witn the Councii's conditions and continue in business. oa -`�S`� STATE OF MINNESOTA OFFICE OF AD1ViINISTRATIVE HEARTNGS 100 Washington Square, Suite 1700 700 Washington Avenue South Minneapofis, Minnesota 55401-2135 August 31, 2000 ry p "�..p..r��. (' .�n+? ♦ b6Y:.�MY. I�`n.dvG� t �...i�i..! Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, MN 55102 �6� � P7 L�� RE: In the Matter of the Auto Body Repair Garage License held by Steve's Auto Body St. Paul inc., d/b/a Steve's Auto Body St. Paul; OAH Docket No. 6-2111-12951-3 Dear Mr. Owusu: Enclosed herewith and served upon you by mail is the Administrative Law Judge's Findings of Fact, Conciusions of Law, Recommendation and Memorandum in the above-entitled matter. Also, enclosed is the officiai record, with the exception of the tape recording of the hearing which will be sent to you under separate cover. If you would like a transcript, please contact our office in writing or telephone (612) 341-7642. Our file in this matter is now being closed. Sincerely, C�.�,�2� � `�,�;�/�- ALLAN W. KLE1N Administrative Law Judge Telephone: 612/341-7609 AWK:aws Enclosures cc: Visginia D. Palmer Steve Hakala �tE�EIYCi� �EP � 1 2D00 CfTY CLERK Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section &Administrative Services (612) 341-7600 eTTY No. {612) 341-7346s Fax No. (612) 3494665 do-5�o STATE OF MINNESOTA) ) ss COUNTY OF HENNEPiN) AFFIDAVIT OF SERViCE BY U.S. MAiL Debra S. Aws, being first duly sworn, hereby deposes and says that on the 31 day of August, 2000, at the City of Minneapolis, county and state aforementioned, she served the attached Findings of Fact, Conclusions of Law, Recommendation, and Memorandum; Docket No. 6-2111-12951-3 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properiy enveloped, with first class postage prepaid and addressed to the individuals named herein. Fred Owusu, City Cierk 170 City Hall 15 West Keliogg Boulevard St. Paul, MN 55102 Steve Hakala 1204 E. 7 Street St. Paul, MN 55106 Virginia D. Palmer Assistant City Attomey Office of License Inspections and Environmental Protection 400 City Half 15 W. Kellogg Boulevard St. Paul, MN 55102 �.u,��.a� Debra S. Aws Subscribed and sworn to� me this � I sf day of h-lk�t US� 2000. " l.J � ��-�. - ,�� Notary blic # �°°`•. CYNTHiAA. RINGDAN� norun rueuc - �T� 4 • MY CAMMISS40N IXPlRES �� JANUARY 31.2Q05 ao-�so 6-2111-12951-3 STATE OF MiNNESOTA OFFICE OF ADMINIST4�ATIVE NEARINGS FOR THE SAINT PAUL CITY COUNCIL In the Matter of the Auto Body Repair Garage License held by Steve's Auto Body St. Paui inc., dba Steve's Auto Body St. Paul FINDINGS OF FACT. CONCLUSIONS OF LAW. RECOMMENDATION AND MEMORANDUM This matter was heard by Allan W. Klein, Administrative Law Judge, on the morning of July 18, 2�� in the St. Paul City Hall. Appearing on behalf of the City of Saint Paul and its Office of License, Inspections and Environmental Protection was Virginia D. Palmer, Assistant City Attorney, 400 City Hail, 15 W. Kellogg Boulevard, St. Paui, Minnesota 55102. Appearing on behalf of Steve's Auto Body St. Paul Inc. was Steve Hakala, 1204 E. 7 Street, St. Paul, Minnesota 55106. Mr. Hakala appeared without benefit of counsel. The record ciosed at the end of the hearing on July 18, 2000. NOTICE Notice is hereby given that this Report is a recommendation, not a frnal decision. The Saint Paul City Council wiil make the final decision after review of the record. The City Council may adopt, reject, or modify these Findings of Fact, Conclusions, and Recommendations. Under Section 310.05(c)(c-1) of the City's Legislative Code, the City Council will provide the appficant the opportunity to present oral or written argument to the City Council before it takes final action. Parties shou(d contact the St. Paul City Council to determine the procedure for filing exceptions or presenting argument to the Council. STATEMENT OF ISSUE Has Steve's Auto Body violated the conditions of its license so as to warrant d'+sciplinary action by the City Council? Based upon ail of the proceedings herein, the Administrative Law Judge makes the following: � � � ASO F1NDiNGS OF FACT 1. Sfeve's Auto Body St. Paul is located at 1196 E. 7 Street in St. Paul. It has been in operation there for approximately iwo and one half years (2 %) years. It is in the business of auto body repair, primarily the fields of fixing wrecks (both small and large), along with associated work such as rust removai, and painting. 2. The premises af 1196 E. 7 Street are owned by a Roy Berger. He occasionally helps Mr. Hakala, but he is not a partner or an investor in the business. It is anticipated that Mr. Hakala will buy the building from Mr. Berger around the end of the year. Mr. Hakala has been renting the front of the building and the inside of the building from Mr. Berger. The bvilding is smali, housing oniy 5 stafis, one of which is used by Berger. 3. On November 23, 1998, the City Council approved Hakala's license application but imposed conditions upon the license. The condition at issue in this Hearing read as foliows: "There shall be no e�erior storage other than the parking of customer/employee vehicles". 4. On September 13, 1999, Senior Inspector Kris Schweinler wrote a letter to Hakala, indicating that he was not in compliance with a number of conditions, including the condition that there be no e>cterior storage. He was given until September 30, 1999 to compiy. 5. On October 28, 1999, the City Attorney's Office issued a notice of violation for failure to compiy witfi license conditions. All of this culminated on January 12, 2000, when the Council passed CF 00-34, imposing a$500 fine and ciosure of Steve's for fifteen (15) days with an additional fifteen (15) days stayed so long as the Licensee had no more violations for eighteen (18) months. The property was to be cieaned up within seven (7) days of passage of the resolution. Results of this Councii action were formally served on Steve's on January 27, 2000. The business was to be closed between February 2 and February 16, 2d00, and the $500 fine was to be paid by Febsuary 11, 2000. The business was, in fact, closed between February 2 and February 16, 2000, and the $500 fine was paid on February 11, 2000. 6. On February 17, 2000, Inspector Schweinler inspected the facility and took photographs' The photographs show a total ofi 9 cars or trucks parked in the parking area in front of the bui{ding. One of the trucks is a pick-up truck wifh a tarpaufin over the back box. In the winter, it is used to plow snow. lt is also used to store too4s ' Photographs are in evidence as City's Exhibit 6A-6F. �� So that used to belong to Hakala's father. Behind the buiiding there was an inoperable vehicle and a biue/green tow truck on one side of the back Iot. In the center of the back lot, up against the building, were pieces of scaffolding, one of which had wood stacked on top of if. On the left side of the back lot are a white car (which appears to have been recently driven),` a utility trailer with material inside of it, and another truck which had not been recently driven. 7. On March 2, 2000, Schweinier returned to view the premises again. The front parking lot was again fuil. In addition to the 8 cars and trucks there, a chassis (with axles and 4 wheels attached) was sitting between some parked cars and the sidewalk. In the back, the scaffoiding now held even more debris, and the same vehicles, the inoperable car and the blue tow truck, were on the right side ofi the lot, in the same locations as they had been on February 17. In front of them, and blocking their movement, was now a rusted old (late 1940's?) car whose front panel had been removed exposing the engine. On the left hand side of Yhe back lot, the white car and the other truck appeared to be in the same position they had been on February 17. 8. On March 7, 2000, Schweinler transmitted the pictures from February 17, and March 2, 2000 to the City Attorney's Office. Schweinier noted that Steve's had "cleaned out a great deal" but believed that they were stiil in violation of the outdoor storage of parts and inoperable vehicies 6 9. On March 17, 2000, Virginia D. Palmer, Assistant City Attorney, informed Mr. Hakala that, despite the fact that he had done "a lot of cleaning up", there were stili violations of conditions related to no outdoor storage. She informed Hakala that it was extremely important that this problem be remedied immediately, or else the City woufd have no option but to again recommend adverse action against his license. 10. On March 23, 2000, Inspector Schweinier again visited the premises. There is no evidence with regard to the condition of the front of the lot, but in the back of the lot, there had been no change. A photograph'taken on March 23 demonstrates the inoperable car and the truck on the right side of the lot, blocked in by the blue car. The scaffold and the wood debris are still present. 11. On April 4, 2000, Inspector Schweinler informed the Gity Attorney's Office that Hakala was still not in compliance with the conditions of his license, based on the March 23 inspection, and that she had toid a Leroy 8obick (who she spoke with on March 23, and who claimed to be a parkner of Hakala's) that there could be no outdoor 2 This tow truck belongs to Mr. Berger. 3 The scaffolding and the wood belong to Mr. Berger. ° This white car is a custome�'s car which came in for reQairs, some money was paid and some work done, but the work stopped until more money was paid. It was finally removed in mid-June. 5 This chassis was part of a restoration job. The body of the car was taken off ofi the chassis and was being worked on inside the building. The chassis was Ieft outside for about one month. 6 Exhibit 5. ' Attached to City Exhibit 9. aa—qSo storage of anything and no parts being stored in inoperabfe vehicles, and that they were not in compliance and she wouid be out again to check on their progress. On April 28 Schweinler again re-inspected fhe premises, and determined that they were stiil not in compliance. She noted junked cars and parts in front and back."' 12. On May 17, the City Attorney notified Hakala tfiat LfEP had recommended adverse action against the license based upon the violation of the license condition that there be no exterior storage on the property other than the parking of customer and/or empioyee vehicles.�� 13. On May 24, Hakala responded, indicating that all of the vehicles stored on the premises were either customer or employee vehicles. Hakala indicated that the truck and one car belonged to the owner of the property, Roy Berger, and are licensed to that address. He went on to explain: It is virtually impossible for a building this small to store ail parts for damaged vehicles inside all day long while working on such vehicles. We have Senior inspectors go by many times. They always come by during the day, when we are or had been working on vehicles outside. We have a guy who comes by once a week to pick up junk parts. The parking {ots have been cleaned and free of any junk parts many times.' 14. Foflowing some other procedural correspondence, a Notice of and Hearing was issued on June 22, setting a hearing for July 18, 2000. The Hearing took place on that date. 15. On .luly 13, 20Qo, Inspector Schweinler returned to the property one last time. She took no photos of the front of the property, but did take photos of the back area. On the right hand side of the back area, the inoperable car with the flat tire is gone, but the tow truck is still evident. Between the tow truck and the back of the property was a washer and dryer. In the center of the back area was a 55 gallon drum with debris in it, plus approximately 12 tires. Some of the tires were piled on top of each other, but others were lying around at random. There was a bright blue plastic one- quart oil containes (or similar plastic container} inside one of the tires, and there were strips of insulation (or perhaps brake lining) lying in the lot. On the left side of the lot was a large white piece of sheet metal, and other unidentified debris. 8 This car, which has been present in all of the photographs, has a flat tire which has been flat from February 17 to at least March 23. 9 Exhibit 9. t0 Exhibit 10. " Exhibit 11. t2 City Exhibit 12. 0a-�so 16. At fhe time of the March visit and at the time of the July visit, there was a large (approximately 4 x 6 foot square) piece of white sheet metal stored outside fhe building, in the back. This sheet metal was a part which was to be used in fhe restoration of the trunk of the white car. 17. LIEP is recommending that the Council suspend the license for an additional 30 days, lift the stay of imposition on the 15 days stili pending from the first Cour+ci4 action, and impose a fine of $1,000. LIEP believe that imposing this increase penalty on Hakala is necessary in order to "get his attention" and get him to take whatever actions are necessary to stay within the condition of his license. 18. When the City issued the Notice of Hearing on June 23, 2000, it sent a copy to John Vaughn, the Community Organizer for District #4 Community Council (Dayton's Bluffl. On July 12, 2000, the Administrative Law Judge received a letter from Mr. Vaughn on behalf of the Community Council's Board of Directors. The letter sets forth the history of conditions, suspension and fine. It concludes with a recommendation that the facility be permanently closed. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The St. Paul City Council and the Administrative �aw Judge have jurisdiction in this matter pursuant to Section 310.05 of the St. Paul Legislative Code and Minn. Stat. § 14.55 (1998). 2. The City has given proper notice of the hearing in this matter and has fulfilled all relevant, substantive and procedural requirements of law or rule. 3. The City bears the burden of proving, by a preponderance ofi the evidence, that adverse action is warranted with respect to the Licensee's Auto Repair Garage License. 4. Chapter 310 of the St. Paui Legislative Code contains general provisions relating to licenses issued by the City. Section 310.06(b)(5) provides that adverse action may be taken when "[t]he licensee or applicant has failed to comply with any condition set forth in the license, or set forth in the resolution granting or renewing the license." Adverse action is defined in Section 310.01 to inciude fines, imposition of conditions, suspensions of a license, or revocation of a I+cense. 5. The City demonstrated, by a preponderance of the evidence, that the licensee fiailed to compiy with the conditions set forth in Council File #00-34, as amended. Specifically, the Gity showed that the Licensee stored wood, parts, inoperable vehicles, trash and other debris on the exterior of the property. ao-qsv Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATfON The Administrative Law Judge HEREBY RESPECTFULLY RECOMMENDS that the Council takes ADVERSE action against the License of Steve's Auto Body St. Paul, Inc., d/b/a Steve's Auto Sody. Dated this �� S� day of August 2000. C,��- � . �`-��"- ALLAN W. KLEIN Administrative Law Judge Reported: Taped MEMORANDUM The real problem here is that Mr. Hakala needs much more space for his style of operation. He needs to either move to a larger building, rent additional storage space elsewhere, enlarge the building, or build a storage shed. Such actions are needed to comply with the City Council's conditions. The amount of space inside the building is simply inadequate, and the solution used to date, to store things outside the building, is exactly what the City Councii was trying to avoid. Although Mr. Hakaia has improved the condition of the properry significantiy over the past few months, it would appear that some sort of major change is necessary if he is going to comply with the Council's conditions and continue in business. � � � �- � � -q5o OFFICE OF ADNIINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PACJL In Re The Auto Body Repair Garage License Held By Steve's Auto Body St. Paul d/b/a Steve's Auto Body St. Paul July 18, 2000 CITY'S PROPOSED EXHIBITS TO: Judge Allan W. Klein, Administrative Law Judge, Office ofAdministrative Hearings, 100 Washington Squaze, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list of the City's proposed e�ibits for the Administrative Hearing on July 18, 2000. Exhibit No. E�. No. 1 E�. No. 2 Exh. No. 3 Exh. No. 4 E�. No. 5 E�. No. 6 E�. No. 7 Exh. No. 8 Description License Information Report, printed July 14, 2000 (1 p.); License Conditions for Steve's Auto Body St. Paul, printed Apri15, 2000 � P•)� License Comments, printed Apri15, 2000 (1 p.); Notice ofLicense Suspension and Imposition ofFine, dated January 25, 2000, with attached resolution, Council File # 00-34 (2 pp.); Memo from Kris Schweinler to Ginger Palmer, dated March 7, 2000 (1 p.); 6 photographs taken February 17, 2000; 8 photographs taken Mazch 2, 2000; Letter from Virginia Palmer to Steven Hakala, dated March 17, 2000 (1 p.); 00 -`� Each. No. 9 E�.I3o.10 E�. No. 11 E�. No. 12 E�. No. 13 E�. No. 14 E�. No. 15 Memo from Kris Schweinler to Ginger Palmer, dated April 4, 2000, with attached photograph taken March 23, 2000 (2 p.); E-mail from Kristina Schweinler to Ginger Palmer, dated May 9, 2000 (1 p.); Notice of Violarion, dated May 17, 2000, with Affidavit of Service �� PP•); Letter from Steven Hakala, dated May 24, 2000, with attached work orders t PP•); Letter from Virginia Palmer to Steven Hakala, dated June 14, 2Q00 (1 p.); Notice of Hearing, dated June 22, 2000, with Affidavit of Service � PP•)> 4 photographs taken July 13, 2000. Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legisiative Code § 310.06 Respectfuliy submitted this 18h day of July, 2000. _`�Lt�' � (� v d� Virginial . Palmer Assistant City Attorney Office of The City Attorney 400 Ciry Hall 15 West Kellogg Boulevazd Saint Paul, Minnesota 55102 (651)266-8710 0 U 5 Q � d m � a, x r W p N I� O �- � O d V N m ,� � N a � _o �I O �' a a� Q1 N ' � w'> C U ,'+. O .J ,Q .� � O � � H � `m c�i —� J ��Q F � �,� � O m U O J Q 0 , ',� r <p n i�'o 2'.p a� , o Ic. 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V�isit our weTi s�te,�t:�w.daytonsbluff.org �,_ 3uly 12, 2000 Allan W. Klein Office of Adminisirative Hearings 100 Washington Square, Suite 1700 Nlinneapolis, MN 55401 RE: Auto Body Repair Garage License held by Steve's Auto Body, Inc. at 1196 E. 7`�` Street. City ID #: 19980000406 Dear Judge Klein: I am writing on behalf of the Dayton's Bluff community and at the request of the Dayton's B1uff District Four Community Council Board of Directors. Mr. Steve Hakala has proved himself to be an incorrigible scofflaw. He entered into an agreement with the City to abide by a perfectly reasonable set of conditions and has consistently broken this agreement. Even a recent 15 day closing and fine did not deter him from violating those condition almost immediately upon re-opening. If the conditions were too tough or somehow difficult to come into compliance with, it would be understandable. But they are not. His business is a blight upon a neighborhood that is working very hard to raise its standards of livability. We urge you to end his mockery of the conditions set forth in his licer_s? �.nd tc fr ?? tha r0?T�TLLn�h� frnII2 Y�:IS eIIfC�7Ce_TTlP^t Y�7^!'!1 3IIC1 2veSOTE �J}' CIOSI!lo Steve's Auto Body permanently. Thank you for your consideration. I can be reached at 651-772-2075. Sincerely, �- John Vaughn, Community Organizer Cc Councilmember Kathy Lantry Virginia Palmer, City Attomey ��a�r�i�as��Y�r �/ • ! ' � / t / / ! / I a��a��ii��a�i OFFICE ^F TFIE CITY ATTORi�TEY Ctaytort M binsnx� Jr., Cit}• Attarney CITY OF SAINT PAUL Norm Ca(emars, Mayor 7une 22, 2000 Steven Hakala Steve's Auto Body 1196 E. 7`h Street Saint Paul, Minnesota 55106 +• ' Y CtYlI DIVlSfOR 400 Ciry H¢I! IS West Kellogg Blvd. Saint Paul, Minnesoiu 5$J02 Tetephone: d57 26b-87I0 Faaimile: 651298-5619 NOTICE OF HEARING RE: Auto Body Repair Garage License Held by Steve's Auto Body St. Paul, Inc, d/b/a Steve's Auto Body, for the premises at 1196 E. 7` Sh License ID #: 19980000406 Dear Mr. Hakala: Please take notice that a hearing will be held at the following time, date and piace concerning all licenses for the premises identified above: Date: Tuesday, July 18, 2000 Time; 9:30 a.m, Place: Room 41 St. Paul City Hail 15 W. Kellogg Blvd. St Paul, NZN. 551�2 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Allan W. K1ein Office of Administrative Hearings 1�0 Washington Square, Suite 1740 Minneaoolis, MN. 55401 Telephone: 612-341-7609 ■ St. Paul d/b/a Steve's ALto Body St. Pau — City's Exh. No. 14 — _ QO —q5o The Council of the City of.,�nt Paul has the authority to provide for ,�earin�s concerning licensed premises and for adverse action against such licenses, under Chapter 310, includin� sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- intoxicatin� liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocarion, 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 follows: It is a condiiion of your license that there is to be no exterior storage on the property other than the parking of customer andlor employee vehicles. On January 12, 2000 the Saint Paul City Council took adverse action aga9nst your license based, in part, upon previous violations of this license condition. The Council resolution gave you one week to bring the property into compliance with the conditions on your license. On March 17, 2000 you were advised by a letter from the Saint Paui City Attorney's Office that the property was still not in compliance with the condition relating to outdoor storage, and that on ., February 17, and March 2, 2000, the license inspector had observed inoperable vehicies and outdoor storage on the lot. Again on April 28, 2000 the license inspector observed the premises and observed junk cars and parts on the lot in the front and back of the building, in violation of the conditions on your license. You have the right to be represented by an attomey before and during the hearing, or you can represent yoursel£ 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 sections 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. At the hearing, the Administrative Law Judge will have all parties identify themselves forthe record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each ofwhom the City's attomey may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either pariy 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. Concluding ar�uments may be made by the parties. Following the hearing, the 7udge wiil 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 �vitnesses or the Notice of Eiearing - Page 2 p o -`�So production of documents in _.,nformity with Minnesota Rules, part ��J0.7000. � If a stipulation or agreement can be reached as to the facts, that stipulation will be presenied to the Adininistrative Law 3udge for incorporarion into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challen�e the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as frue. If non- public data is received into evidence at the hearing, it may become public unless obj ection 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, � ucc�..� �.,��n � Virginia D. Palmer Assistant City Attorney cc: Nancy Thomas, Office of Administrative Hearings, 100 Washington Squaze, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LTEP John Vaughn, Community Organizer, Dayton's Bluff District 4 Community Council, 281 Maria Ave., St. Paul, MN 55106 Notice of Hearing - Page 3 a c� —QS� STATE OF �IINNESOTA COUNTY Or RAMSEY ss. AFF=DAV=T OF SERVICE BY MAIL JOANNE G. CLEMENTS, being firs� duly sworn, deposes and says that on June 23, 2000, she served the attached NOTICE OF HEARING upon the following named person placing a true and correct copy thereof in an envelope addressed as follows: Steven Hakala Steve's Auto Body 1196 H. 7` Street St. Paul, MN. 55106 (which is the last known address of same, with postage prepaid, in the Minnesota. Subscribed and sworn to before me this 23rd c�arv of ,3tme. 2000. Notary PETER P. PANGBORN NOTARY PUBLlC � MINNESOTA pqY f;qMMISSION EXC'iREB !4N. 31, 2005 said person) and depositing the � ' OFFICE OF THE CITY ATTORNEY Cf¢�ton M. Robinson, Jr.� Ciry Attorrcey CITY OF SAINT PAUL ;�� y �� cr�,t otvrs;on Norm Coleman, Mayor � �� ,�,: `' 400 Ciry Ha1f ��1 �'�„ ;_� r.li i� ISWestKelloggB[vd. Saint Paul� Minnuota S.i,102 ; .. �._.� ,�.;�G�� _ Jllile 22,� 2�� NOTICE OF HEARING Steven Hakala Steve's Auto Body 1196 E. 7"' Street Saint Paul, Minnesota 55106 � � Telephone: 657 266-8770 Facsimi(e: 657 298-5679 RE: Auto Body Repair Gaza�e License Held by Steve's Auto Body St. Paul, Inc. d/b/a Sfeve's Auto Body, for the premises at 1196 E. 7`� Street License ID #: 19980000406 Dear Mr. Hakala: Please take notice that a hearin� will be held at the following time, date and place concemin� all licenses for the premises identifed above: Date: Tuesday, July 18, 2000 Time: 9:30 a.m. Place: Room 41 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Jud�e from the State of Minnesota Office of Administrative Hearings: Name: Allan W. HIein Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-341-7609 �� Ofl �S"o ", The Council of the City of Saint Paul has the authority to provide for hearin�s conceming licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicatin� and non- into�cating liquor, authority is also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will bepresented to the jud�e which may lead to adverse action against all the licenses you hold at the above premises as follows: It is a condition of your license that there is to be no exterior storage on the property other than the parking of customer and/or employee vehicles. On January 12, 2000 the Saint Paul City Council took adverse action against your license based, in part, upon previous violations of this license condition. The Council resolution gave you one week to bring the property into compliance with the condifions on your license. On March 17, 2000 you were advised by a letter from the Saint Paul City Attorney's Office that the property was still not in compliance with the condition relating to outdoor storage, and that on ._ February 17, and March 2, 2000, the license inspector had observed ittoperable vehicles and outdoor storage on the lot. Again on April 28, 2000 the license inspector observed the premises and observed junk cars and parts on the lot in the front and back ofthe building, in violation of the conditions on your license. You have the right to be represented by an attomey before and during the hearing, or you can represent yoursel£ You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearin� will be conducted in accordance with the requirements ofMinnesota Statutes sections 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. At the hearing, the Administrative Law Judge will have all parties identify themselves forthe record_ The City will then present its witnesses and evidence, each of whom the licensee or attomey 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 attomey may cross-examine. The Administrative Law Judge may in addition heaz relevant and material testimony from persons not presented as witnesses by either party 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 proceedin�. Concluding arguments may be made by the parties. Foliowing the hearing the 7ud�e will prepare Findings of Fact, Conclusions of Lativ, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and �vitnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the Notice of Hearing - Page 2 � " (} t� -RSD production of documents in confomuty with Minnesota Rules, part 1400.7000. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Admuustrative Law 7udge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated eazlier in this notice may be taken as true. If non- public data is received into evidence at the hearin�, it may become public unless objection 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, a! P u,c c��.-r �n ,/ � Virginia D. Palmer AssisYant City Attorney cc: Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Mpls, M1V 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP John Vaughn, Community Organizer, Dayton's Bluff District 4 Community Council, 281 Maria Ave., St. Paul, MN 55106 Notice of Hearing - Page 3 OFFICE OF THE CITY ATTOIL�IEY Clayton M. Robrnson, Ja, Ciry Atrorney CITY OF SAiNT PALTL Norm Colem¢n, .Ntry�ar June 14, 2000 Steven Hakala Steve's Auto Body 1196 E. 7`" Street Saint Paul, MI�i 55106 ao -qsa CivilDivision 400 Ciry Ha11 1 i Wesi Ke11o� B(vd Saint Paul, Minnuota SSd 02 Te[ephorse: 65! 266-8710 Facsimite: 657 298-5619 RE: Auto Body Repair Gazage License Held by Steve's Auto Body St. Paul, Inc. dlbla Steve's Auto Body, for the premises at 1196 E. 7`h Street License ID #: 199800004Q6 Dear Mr. Hakala: On June 6, 2000 I received your letter dated May 24, 2000, which appears to be in response to the Notice of Violation dated May 17, 2000. The letter does not indicate whether you are requestin� a hearing before an administrative law judge, but because it seems to be disputing the allegations of the Notice of Violation, I am assuming that you do wish such a hearing. Please contact me no later that June 21, 2000 if you are not contesting the facts of the Notice of Violation and do not wish to have a hearing before an administrative law judge. If I have not heazd from you by that date, we will send you a Notice of Hearing with the allegations of violations which will be presented at the hearing, the date, time and place of the hearing and a brief description of the procedures which will be followed. Sincerely, � % /,/,9/iu-Gf: J Virginia D. Palmer Assistant City Attomey �� cc: Christine Rozek, Deputy Director of LIEP � St. Paul d/b/a Steve's Auto Body St. Pau —' City's Exh. No. 13 —' �`= z� - �� l 7 -r � l � c �;-'s c s �� rs c� s�o�-� = d x f / �ir�/�lpa/�� v�Li,`c�z't� _ �� ` /� �lilClOSrc(' l�dG GG�r`�i �� `i'� (�U�ljc Oi"c�c�'S ��% 7 G C c:1S �- i/ �� cl�S, ( `! � ! t"i v✓ �`. Glc � �Gi � c� i G� C�! � �� jo� K� �� .�.��- �:F �'�� P ,�o�z,-x y Q'? � !'l�G �rC �:: J�d/ �iD ��i,-�. t" QC�r'CYi �� ;s ��,��f ,��sS,��C �� l C r C �i �`- ��1 7 3 f' /.�i �� O �Q�z- !�" �� /'rlF �j" �� vr ¢ ti9q�� r< l� G GJ r `c �c 3 ,��J f'�'-c:l' t i / �ll �� m�� w�> i �� -��,z �� s�4' cy C� � �/ ��C ` ��` � iU/ � l? a✓� f' c r" �/� u � , �� . � s . �d �� v��61 � � y ��zs - 7 �1�� f fo<�.: �'jr :�r,�� ?�4�- v(�� :- u✓��r w-� c:(�T G 0 1 CCV( �Z' 2°G,e L�✓�/<2 i6?�, � f�7 / v��'clrs or.�7�J'�� .. .. W e � u v� �Y @ eF�,. e,�, �r.o e v� s �y /� ,.. ��9G �e � Cc/ Z z le � � � c je c�� f CY� l� �ai�1` , T� L f/� r��. y l�� r�r �� z:� � 1�� .�� .� �; � � << ��-��S ��-� ��-;�1�s � 3 P cE�vE� JUN � 6 20C�J �� CITY ATTORI��Y ■ St. Paul d/b/a Steve's Auto Body St. Pau — City's Exh. No. 12 — Car Make: License # Owner Address Phone #'s Home Work �� S�� -� Gl�i`C��P�>d r�' Oty Descrigtion F � S Tr'�/!h � � l/ Lv �j Z � � P�/ � Q -r z �ocr5`= -� L�`� —yS� S teve `s Auto B ody S t. Paul INC ORPORATED 1196 7th Street East St. Paul, Minnesota 55106-4014 (651) 776-3482 Fax(651)487-5307 Parts I Labor Parts Labor Sub-Total Tax Total � Estimated By: � Car Make: �� ,�l��/ P Cc�� v_ License # �V Owner �� G� � �° Address Phone #'s Home Work Oty Description �`fr ��'o� 7` r 00�5� Steve's Auto Body St. Paul INCORPORATED 1196 7th Sfreet East St. Paul, Minnesota 55106-4014 (651) 776-3482 Fax(651)487-5307 Parts - I Labor � /�—�c'� Parts Labor Sub-Total Tax Total Estimated By: Car Make: � f ��7��ss' � c% ✓ License # Owner �dflz =-., �4 /cr� Addzess Phone #'s Home Work aa—�s� Steve's Auto Body St. Paul INC�RPORATED 1196 7th Street East St. Paul, Minnesota 55106-4014 {651) 776-3482 Fax {651) 487-5307 Oty Description F � ..�r., T P��' �'�� .� �-�— �o �� — �+%��J�� S� - %'z c�c7 � �� . Parts Labor Sub-Total Tax Parts I Labor Estimated By: Car Make: �i �� r`a G� q� License # ��(/ Owner frtq/ti �t �� Address _�! Phone #'s Home Work Oty Description �7` / r'Y� //.�. o�-q�� Steve's Auto Body St. Paul INCORPORATED 1196 7th Street East St. Paul, Minnesota 55106-4014 (651) 776-3482 Fax(651)487-5307 � � a 0 Parts Labor Sub-Total Tax Parts { Labor Estimated By: Car Make: License # awner Address Phone #'s Home Work � �o/ T � —�--------- �ty Description y l �' c �� ',� ,s�- r�o —RS° Steve's Auto Body St. Paul INCORPORATED 1196 7th Street East St. Paul, Minnesota 55106-4014 (651) 776-3482 Fax (65i ) 487-5307 � �� —�f'—E�� Parts Labor Sub-Total Tax Parts 1 Labor Estimated By: Y � a; CITY OF SAINT PAUL Norm Cnfemnn, Mn} May 17, 2000 Steven Hakala Steve's Auto Body 1196 E. 7`" Street Saint Paul, Minnesota 55106 OFFICE C �'HE CITY ATTOIL�iEY ('�O-`ZS 'J Clayton rL1. ko„�nsOn, Jr, CirpAlra�ney Civif Dirision 400 Cig� Ha!! Telephone: 65/ Z66-8710 /5 West Kellogg d/vd. Fncsimile: 651 ?9&-5619 Sarnt Paad. .Nfnnesotn 55/a1 NOTICE OF VTOLATION RE: Auto Body Repair Garage License Held by Steve's Auto Body St. Paul, Inc. dlb/a Steve's Auto Body, for the premises at 1196 E. 7"' Street License ID #: 19980000406 Dear Mr. Hakala: The Office of License, Inspections and Environmental Protection has recommended adverse action against the licenses held by Steve's Auto Body St. Paul, Inc. d/b/a Steve's Auto Body, for the premises at 1196 E. 7`h Street. The basis for the adverse action is as follows: It is a condition of your license that there is to be no exterior storage on the property ot�er than the parking of customer and/or empioyee vehicles. On danuary 12, Z000 the Saint Paul City Council took adverse action against your license based, in part, upon previous violations of this license condition. The Council resolution gave you one week to bring the property into compliance with the conditions on your license. On Nlarch 17, 2000 you were advised by a letter from the Saint Paul City Attorney's Office that the property was still not in compliance with the condition relating to outdoor storage, and that on February 17, and March 2, Z000, the license inspector had observed inoperable vehicles and outdoor storage on the lot. Again on Apri128, 2000 the lieense inspector observed the premises and observed junk cars and parts on the lot in the front and back of the building, in violation of the conditions on your license. � St. Paul d/6/a Steve's Auto Body St. Pau — City's Exh. No. 11 — ,- �� Page 2 Steven Hakala May 17, 2000 � � �` c� If you do not dispute the above facts, please send me a letter admittin� that they are true. The matter will then be scheduled before the City Council for a hearing to determine cvhat penalty, if any, is appropriate. You will have a chance to appeaz and make a statement before the Council on your behalf. If you wish to dispute the facts, you aze entitled to an evidentiary hearing before an administrative law judge. If you wish to have such a hearin�, please send a letter stating that you are contesting the facts. You will then be sent a notice of hearing with the date, time and place for the hearing, the name of the administrative law jud�e, and an explanation of the procedures. Please let me know in writing no later than Tuesday, May 30, 2000, how you wish to proceed. If you have questions about these options, please feel free to contact me at 266-8710 to discuss them. If I have not heard from you by Tuesday, May 30, 2000, I will assume that you are not contesting the above facts and wili schedule the matter for the hearing in front of the City Council. Sincerely, �-t/ u�� \�.,..�., � Virginia D. Palmer Assistant City Attomey cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP John Vaughn, Community Organizer, Dayton's B1uffAistrict 4 Community Council, 281 Maria Ave., St. Paul, MN 55106 e� � '�� STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY AFFIDAVIT OF SERVICE BY MAIL JOANi�tE G, CLEMENTS, being first duly sworn, deposes and says that on May 18, 2000, she served the attached NOTICE OF VIOLATION upon the following named person placing a true and correct copy thereof in an envelope addressed as follows: Steven Hakala Steve's Auto Body 1196 E. 7"' Street St. Pau1, MN. 55106 (which is the last known address of same, with postage prepaid, in the Minnesota. Subscribed and sworn to before me this 18th d� of.NFavr-2000. Notary son) and depositing the ted St tes mails at,8�h. Paul„ �y PETER P. PAPJGBORN !' NOTARY PUBIJC - MINNE50TA MY CAMMtS510N ......� EXPIRES JAN.31.2CA6 _ _. _ _ _ _ _ _ .. _ _ __ __ _ _ Ginger Palmer - Re: SteJe's Auto Body �� ' Page �� From: Kristina Schweinler To: Pa{mer, Ginger Date: 5/9/00 11:04AM Sub�ect: Re: Steve's Auto Body Christine and 1 were there on the 28th of April and it is still not in compliance Junk cars and parts in front and back. � St. Paul d/b/a Steve's Auto Body St. Pau — City's Exb. No.10 — License Group Comments Text licensee: STEVE'S AUTO BODY ST PAUL INC �BA� STEVE'S AUTO BODY ST PAUL 1NC License#: �g9gpp00406 04lOS/2000 A � �5�� V 03/17/2000 Letter from CAO indicating that property is still in violation ot license conditions. Musi clean up immediately or could go to council for further adverse action. CAR 3/7/2000 Letter from KS to CAO indicaHng that some work has 6een done, but property is still in violatio� This letter trarumits pictures of 2/17l2�0� and 3/2/2000. CAR 2/17l0� a�d 3!2/o� pictu�es indicate still have cars and paRS stored in back and too many cars in front.KS 2l11f200o 55�0 fine paid. GAR 1l27l20�0 - Suspension and Fine letter given to Kcis to hand defiver (Business to be closed 2/02J00 thru 2116f00 and 5500.00 fine due 2/1 � f2000) - LAB Ot!'1212000 CF00.34 approving $500 fine serve 15 day closure with an additional 15 days stayed if licensee has no more violations for � 8 mo�ths, and property is cfeaned up with�n 7 days of passage of this resolution. CAR 1?122799 Nolice of Council Hearing from CAO for 1N2/200. Recommend 30 day suspension of license, stayed for'18 months on 3 conditions - property brought into comptiance wdhin 7 days, no further violations during the next 18 monihs, �500.00 fine paid withm 30 days. CAR �2f7/99 Pictures to CAO for adverse action. KS �2/1i99sti11 out of compliance per pictures taken by KS. KS 10/28199 Notice of Violation from CAO for failure t0 comply with license condtions. 11/3/99 response date. CAR 9/13/99 Letter from KS, Senior inspector, indicating that licensee is not in compltance with license conditions to provide a fence and no exterior storage. Deadline of 9/30/99 gtven for compliance. CAR 1 V23/98 CR 98-989 approving license with conditions. CAR 9/23/98 - Public heanng date 70/23/98, nofices mailed 9/23/98; 19M, 110 & 40EM/JL �n re e �cen � St. Paul dJb/a Steve's Auto Body St. Pau — City's Exh. No. 3 — License Graup Conditions Text Licensee: STEVE'S AUTO BODY ST PAUL INC DBA: STEVE'S AlJTO BOOY ST PAUL INC License #: 19gg0000406 0 410 512 0 0 0 Da_� L Parking, manuevering, customer vehicle storage and dumpster locaGOn shall be as shown on the site plan on file with LIEP, dated 6/5/98. 2. The dumpster shall be enclosed with a 6'-0" high wood o6scuring fence by October 2, �998. 3. There shall be no exterior storage other than fhe parking of customer/ employee vehicles. � � St. Paul d/b/a Steve's Auto Body St. Pau � City's Exh. No. 2 — c� o -�� clTY oF sanvT PAUL INTERDEPARTVIENTAL MEMORAi�tDUM DATE: 4(4l00 TO: Ginger Palmer FROM: Kris Schweinler'�� ' RE: Steve's Auto Body Ginger, As of the date of the picture the licensee Steve Hakula was not in compliance with the conditions of his license yet. I did talk to a Leroy Bobick who said he was a partner of Steve's and that they now had it as clean as they could get it. I told him that I would be out in the next few days to check on it and take more pictures. That there should be no outdoor storage of anything and no parts being stored in inoperable vehicles. He did say that some of the stuff is the properiy owner and that they had no control of that. I told him they would be responsible as the licensee. He seemed to understand and said they would comply. � St. Paul d/bJa Steve's Auto Body St. Pau — City's Exh. No. 9 — OFFIC �F TT� CITY ATTOg7vgY �� _�5U Cloytan M. Robinsors, Jr., City Attorney CITY OP SAIN'T PAUL Norm Coleman, �Lfrryor CivirDrvrsion aoa c;zy xatr 1 S West Kellogg Blvd SaintP¢ul, Minneso[a SSIQ2 7eleph one: 651266-8 i! 0 Facsimile: 65I ?98_�619 March 17, 2000 Steven Hakala Steve's Auto Body 1196 E. 7�` Street Saint Paul, MN 55106 RE: Auto Body Repair Gazage License heid by Steve's Auto Body St. Paul, Inc. dib/a Steve's Auto Body for the premises at 1196 E. 7�' Street License ID #: 199$0000406 Dear Mr_ Hakala: As you know, the Saint Paul City Council imposed adverse action against the licenses held by you at 1196 E. 7"' Street by action on January 12, 2000. The Councii resolution, a copy of which was provided to you, states that you have one week from the passage of the resolution to bring the property into compiiance with the conditions on the license. Failure to comply couid subject you to the remaining fifteen days suspension, which was stayed for 18 months. On February 17, 2000 and on March 2, 2000 an inspector viewed the property and observed that, despite the fact that you have done a lot of cleaning up, there are still violations of the condition relating to no outdoor storage. It is extremely important that you remedy this problem immediately, and that you be in compliance with all of the conditions on your license, or the Office of License, Tnspections and Environmental Protection wili have no option but to again recommend adverse action against your license. If you have any questions at all about the conditions on your license, please contact LIEP to discuss them. Sincerely, _,/ �� Virginia D. Paimer Assistant City Attorney cc: Robert Kesster, Director of LIEP Christine Rozek, Deputy Directar � St. Paul cUbla Steve's Auto Body St. Pau — City's Exh. No. 8 — ��_�,fc7 CITY OF SAIIVT PAUL INTERDEPARTI�IENTAl MEMORA�'VDLTNI DATE: 3!7/200a TO:Ginger Palmer FROM: Kris Scbweinler'�✓ RE:Steve's Auto Body Ginger, Attached are some pictures I took on 217/2000 and 3(2l2000 of the property at 1196 E.7th St. D.B.A. Steve's Auto Body. They have cleaned out a great deal but I still believe they are in violation of the outdoor storage of parts and inoperable vehicles. Please let me lrnow as to how to proceed on this matter. Cc: Christine RozeklDeputy Director � 's a "s➢ '4 %j � ��:R- _�..�5 ] +' TE+3a� 9�� 'r��`T V � Z�}OQ �� ■ St. Panl dlb/a Steve's Auto Body St. Pau — City's Exh. No. 5 � CITY OF SAINT PAUL Narm Ca(eman..Llayo� 3271U3r}' 25� 2�� Steven Hakala, Vice President Steve's Auto Body St. Pau1 Inc. 1196 East 7�' Street Saint Paul, MN 55106 Dear Mr. Hakala: �: : �}I Enclosed is a copy of City Council Resolution Number 00-34 which suspends the Auto Body Repair Garage license issued to you by the Clty of Saint Paul for a period of thirty (30) days with fifteen (15) days stayed for a period of eighteen (18) months and imposes a fine of $500.00 for the following violation: Viotation of conditions placed on the license. The suspension and fine was adopted by the City Council in final written form at the Council's regular meeting on 3anuary 12, 2000. The effecf of this notice is that no business operarions shall be permitted for fifteen days beginnin� at 12:01 a.m. on Wednesday, February 2, 2000 through 11:59 p.m. Wednesday, February 16, 2000. This is a serious matter that demands your adherence. Absolutely no auto repairs shall be permitted on the licensed premises during this whole period. Also, a fine in the amount of �500.00 is due for the above mentioned offense which is payabte no later than the close o£business (4:30 p.m.) on Friday, February 11, 2000. Please contact me at 266-9108 if you have any questions regarding this matter. Sincerely, lJ' ""'" LC�,.�/ / i Christine Rozek Deputy Director cc: Commander Dennis Jensen, SPPD-Eastern District Robert Kessler, Director-LIEP Peter Pangborn, Legal Assistant Kris Schweinler, Senior License Inspector OFFICE OF .,:; E:ISE, IVSPECTIONS e4�1D ENVIRO':VMEYT.4L PROTECTIOY 5 � Robett Kess[er, Direaor Q� l � LOV✓RY PROFESSIONAL Tetephave: Qil-26GSGA7 BUIIl77.^1G Facsim/e: 6f1-26G9099 Suite 3QQ 651-2669124 350 St. Perer St.eei SainrPau[, Mirsnesara 55102-ISIO NOTICE OF LICE�TSE SUSPENSION AND IMPOSITION OF F`INE ��I�"l �.� �� 7 �d00 �St Pa� ul�d�a Steve'� y S� � — City's Exh. No. 4 — OR�IGINAL P;esented By Referred To Committee: Date 3a � 1 ? 3 4 � 6 7 $ 9 10 11 12 13 14 1� 16 17 RESOLtiED, that the auto body repair garage license held by Steve's Auto. Bcdy St. Paul, Inc. d/b/a Steve's 3uto Body (License ID� 29930000406), for the premises at 1196 E. 7�' Street, is hereby suspended for a period of thirty day �for violation of conditions placed on the license. w:.ati �s �.��s ti � Gz�s".,s �n�:a �.:, Co�.�.m� F�b 7, 3oco� Cr' �J_ �^`�S� FLRTHER RESC LVED, that said suspension shall be stayed for a period of eighteen .�� } months on the follo�ine conditions: I) that the property is brought into compliance with the conditions on the license - ,�ithin one week from the passase of this Resolution; 2) that there be no futther violations of the c�nd'stions on the license or other code or zonin� violations durin� the eishteen months; and 3) ti:at the licensee pay a fine of ��00, said fine to be paid to the O�ce of License, Inspections aad �nvironmental Protection �.ithin thirty (30) days of the adoption of this resolution by the CounciI �.nd signature b}� the vlayor. This Resolution and the action of the Council in this matter aze based upon the facts contained in the September li, 1999 letter to the licensee from LIEP, the October 28, 1999 Notice of Violation ]ztter to the licensee asid such arsuments as may have been presented to the Council at the public hearing. The licensee did not contest the facts. Recuested bv Decartment oi: 3y: :/IIJ�� .%g/.r;..Ui�. ?orm :-_np�j by City a� rn� \` � �. a-CO �i sy: iG'CS"�L ✓i AL�CDC°C� Y'..�( COL•1C�� : D2._ \ C�y ` Adop.icr. Certi`ied by C�.rc3�5ecr_tary aporove3 by Mayor :or Sv�missicn Co Cov.<il 9y: d \� \�� 'Y: Angroved 3y Mayor: Dace �me��F_� _ ` ��a �� sor_,v�rzov CITY OF SAL�iT PAUL, YITiVNESOTA Countil File = 00 — �� Green Sheet 1 104• 497 By: August 31, 2000 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue Soutfi Minneapolis, Minnesota 55401-2738 Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Boulevard St. Paul, MN 55102 RE: In the Matter of the Auto Body Repair Garage License held by Steve's Auto Body St. Paul Inc., d/b/a Steve's Auto Body St. Paul; OAH Docket No. 6-2111-12951-3 Dear Mr. Owusu: �o-9S� Enclosed herewith and served upon you by ma+l is the Administrative Law Judge's Findings of Fact, Conclusions of Law, Recommendation and Memorandum in the above-entitled matter. Also, enclosed is the official record, with the exception of the tape recording of the hearing which will be sent to you under separate cover. If you would like a transcript, please contact our office in writing or telephone (612) 341-7642. Our file in this matter is now being closed. Sincerely, AWK:aws Enclosures cc: Virginia D. Palmer Steve Hakala � � � '� ��, �4��, ALLAN W. KLEIN Administrative Law Judge Telephone:612l341-7609 RECEBVED �� iit� CiTY CLERK Providing Impartial Hearings for Government and Citizens An Equal Opportunity Emp{oyer Administrative Law Section & Administrative Services (612) 341-7600 �TTY No. (612) 341-7346� Fax No. (612) 349-2665 �1�- r lS� STATE OF MINNESOTA) ) ss COUNTY OF HENNEPIN) AFFIDAVIT OF SERVICE BY U.S. MAIL Debra S. Aws, being first duty sworn, hereby deposes and says that on the 31 day of August, 2000, at the City of Minneapolis, county and state aforementioned, she served the attached Findings of Fact, Conclusions of Law, Recommendation, and Memorandum; Docket No. 6-2111-12951-3 by depositing in the United States mail at said City of Minneapolis, a true and correct copy thereof, properly enveloped, with first class postage prepaid and addressed to the individuals named herein. Fred Owusu, City Clerk 170 City Nall 15 West Kellogg Boulevard St. Paul. MN 55102 Steve Hakala 1204 E. 7 Street St. Paul, MN 55106 Virginia D. Palmer Assistant City Attorney Office of License Inspections and Environmental Protection 400 City Hall 15 W. Kellogg Boulevard St. Paul, MN 55102 �,� � , �J�i�/`'� Debra S. Aws Subscribed and sworn to before me this � I Sf day of �k� CF� 2000. ��,�, ' - � � Notary blic � dTM � CYNTHIAA.RfNGDANL 3 NoraAV vtn�.�c - �wuwsoTF • • MY CAMMISSION IXPopES �'$,,.: `� JANUARY 3t, 200.5 ��- �Z'.�� 6-2111-12951-3 STATE OF MINNESOTA OFFICE OF ADMINISTRATfVE HEARINGS FOR THE SAINT PAUL CITY COUNCIL In the Matter of tfie Auto Body Repair Garage License held by Steve's Auto Body St. Paul Inc., dba Steve's Auto Body St. Paul FINDINGS OF FACT. CONCLUSIONS OF LAW. RECOMMENDATION AND MEMORANDUM This matter was heard by Allan W. Klein, Administrative Law Judge, on the morning of July 18, 2000 in the St. Paul City Hall. Appearing on behaff of the City of Saint Paul and its Office of License, Inspections and Environmental Protection was Virginia D. Palmer, Assistant City Attorney, 400 City Hall, 15 W. Kellogg Boulevard, St. Paul, Minnesota 55102. Appearing on behalf of Steve's Auto Body St. Paul Inc. was Steve Hakala, 1204 E. 7 Street, St. Paul, Minnesota 55106. Mr. Hakala appeared without benefit of counsel. The record closed at the end of the hearing on July 18, 2000. NOTICE Notice is hereby given that this Report is a recommendation, not a final decision. The Saint Paul City Council will make the final decision after review of the record. The City Council may adopt, reject, or modify these Findings of Fact, Conclusions, and Recommendations. Under Section 310.05(c)(c-1) of the City's Legislative Code, the City Councii will provide the applicant the opportunity to present oral or written argument to the City Council before it takes final action. Parties should contact the St. Paul City Council to determine the procedure for filing exceptions or presenting argument to the Council. STATEMENT OF ISSUE Has Steve's Auto Body violated the conditions of its license so as to warrant disciplinary action by the City Council? Based upon all of the proceedings herein, the Administrative Law Judge makes the foflowing: �� FINDINGS OF FACT 1. Steve's Auto Body St. Paul is located at 1196 E. 7 Street in St. Paui. It has been in operation there for approximately two and one ha{f years (2'/z) years. 1t is in the business of auto body repair, primarily the fields of fixing wrecks (both smal{ and large), along with associated work such as rust removal, and painting. 2. The premises at 1196 E. 7 Street are owned by a Roy Berger_ He occasionally helps Mr. Hakala, but he is not a partner or an investor in the business. It is anticipated that Mr. Hakala will buy the building from Mr. Berger around the end of the year. Mr. Hakala has been renting the front of the building and the inside of the buiiding from Mr. Berger. The building is small, housing only 5 stalls, one of which is used by Berger. 3. On November 23, 1998, the City Council approved Hakala's license application but imposed conditions upon the license. The condition at issue in this Hearing read as follows: "There shalf be no e�erior storage other than the parking of customer/employee vehicles". 4. On September 13, 1999, Senior Inspector Kris Schweinler wrote a letter to Hakala, indicating that he was not in compliance with a number of conditions, including the condition that there be no exterior storage. He was given until September 30, 1999 to comply. 5. On October 28, 1999, the City Attorney's Office issued a notice of violation for failure to comply with license conditions. All of this culminated on January 12, 2000, when the Council passed CF 00-34, imposing a$500 fine and closure of Steve's for fifteen (15) days with an additional fifteen (15) days stayed so long as the Licensee had no more violations for eighteen (18) months. The property was to be cleaned up within seven (7) days of passage of the resolution. Results of this Council action were formally served on Steve's on January 27, 2000. The business was to be closed between February 2 and February 16, 2000, and the $500 fine was to be paid by February 11, 2000. The business was, in fact, closed between February 2 and February 16, 2000, and the $500 fine was paid on February 11, 2000. 6. On February 17, 2000, Inspector Schweinler inspected the facility and took photographs' The photographs show a total of 9 cars or trucks parked in the parking area in front of the building. One of the trucks is a pick-up truck with a tarpaulin over the back box. In the winter, it is used to plow snow, lt is afso used to store tools ' Photographs are in evidence as City's Exhibit 6A-6F. �� that used to belong to Hakala's father. Behind the building there was an inoperable vehicfe and a blue/green tow truck on one side of the back lot in the center of the back lot, up against the building, were pieces of scaffolding, one of which had wood stacked on top of it 3 On the left side of the back !ot are a white car (which appears to have been recently driven), a utility trailer with material inside of it, and another truck which had not been recent(y driven. 7. On March 2, 2000, Schweinler returned to view the premises again. The front parking lot was again full. In addition to the 8 cars and trucks there, a chassis (with axles and 4 wheels attached) was sitting between some parked cars and the sidewalk. In the back, the scaffolding now held even more debris, and the same vehicles, the inoperable car and the blue tow truck, were on the right side of the lot, in the same locations as they had been on February 17. In front of them, and blocking their movement, was now a rusted old (late 1940's?) car whose front panel had been removed exposing the engine. On the left hand side of the back lot, the white car and the other truck appeared to be in the same position they had been on February 17. 8. On March 7, 2000, Schweinler transm+tted the pictures from February 17, and March 2, 2000 to the City Attorney's Office. Schweinle� noted that Steve's had "cleaned out a great deal" but believed that they were still in violation of the outdoor storage of parts and inoperable vehicles 6 9. On March 17, 2000, Virginia D. Palmer, Assistant City Attorney, informed Mr. Hakala that, despite the fact that he had done "a lot of cleaning up", there were still violations of conditions related to no outdoor storage. She informed Hakala that it was extremely important that this problem be remedied immediately, or else the City would have no option but to again recommend adverse action against his license. 10. On March 23, 2000, Inspector Schweinler again visited the premises. There is no evidence with regard to the condition of the front of the lot, but in the back of the lot, there had been no change. A photograph� taken on March 23 demonstrates the inoperable car and the truck on the right side of the lot, blocked in by the blue car. The scaffold and the wood debris are still present. 11. On April 4, 2000, Inspector Schweinler informed the City Attorney's Office that Hakala was still not in compliance with the conditions of his license, based on the March 23 inspection, and that she had told a Leroy Bobick (who she spoke with on March 23, and who claimed to be a partner of Hakala's) that there couid be no outdoor Z This tow truck beiongs to Mr. Berger. ' The scaffolding and the wood belong to Mr. Berger. ' This white car is a customer's car which came in for repairs, some money was paid and some work do�e, but the work stopped until more money was paid. It was finalty removed in mid-.lune. 5 This chassis was part of a restoration job. The body of the car was taken off of the chassis and was being worked on inside the building. The chassis was left outside for about one month. 6 Exhibit 5. ' Attached to City Exhibit 9. �� -9� storage of anything and no parts being stored in inoperable vehicles, and that they were not in compliance and she would be out again to check on their progress 9 On April 28 Schweinler again re-inspected the premises, and determined that they were sti{I not in compliance. She noted "junked cars and parts in front and back."' 12. On May 17, the City Attomey notified Hakala that LIEP had recommended adverse action against the license based upon the violation of the license condition that there be no exterior storage on the property other than the parking of customer and/or employee vehicles.'� 13. On May 24, Hakala responded, indicating that afl of the vehicies stored on the premises were either customer or employee vehicles. Hakala indicated that the truck and one car belonged to the owner of the property, Roy Berger, and are licensed to that address. He went on to explain: It is virtually impossible for a building this small to store all parts for damaged vehicles inside all day long while working on such vehicles. We have Senior Inspectors go by many times. They always come by during the day, when we are or had been working on vehicles outside. We have a guy who comes by once a week to pick up junk parts. The parking lots have been cleaned and free of any junk parts many times. 14. Following some other procedural correspondence, a Notice of and Hearing was issued on June 22, setting a hearing for July 18, 2000. The Hearing took place on that date. 15. On July 13, 2000, Inspector Schweinler returned to the property one last time. She took no photos of the front of the property, but did take photos of the back area. On the right hand side of the back area, the inoperable car with the flat tire is gone, but the tow truck is stifl evident. Between the tow truck and the back of the property was a washer and dryer. In the center of the back area was a 55 gailon drum with debris in it, plus approximatefy 12 tires. Some of the tires were piled on top of each other, but others were lying around at random. There was a bright blue plastic one- quart oil container (or similar plastic container) inside one of the tires, and there were strips of insulation (or perhaps brake lining) lying in the lot. On the left side of the lot was a large white piece of sheet metal, and other unidentified debris. $ This car, which has been present in all of the photographs, has a flat tire which has been flat from February 17 to at least March 23. 9 Exhibit 9. t0 Exhibit 10. " Exhibit 11. 12 City Exhibit 12. �� -9S� 16. At the fime of the March visit and at the time of the Ju{y visit, there was a large (approximately 4 x 6 foot square) piece of white sheet metal stored outside the building, in the back. This sheet metaf was a part which was to be used in the restoration of the trunk of the white car. 17. LIEP is recommending that fhe Council suspend the license for an additional 30 days, lift the stay of imposition on the 15 days still pending from the first Council action, and impose a fine of $1,000. LIEP believe that imposing this increase penalty on Hakala is necessary in order to "get his attention" and get him to take whatever actio�s are necessary to stay within the condition of his license. 18. When the C+ty issued the Notice of Hearing on June 23, 2000, it sent a copy to John Vaughn, the Community Organizer for Distriet #4 Community Council (Dayton's Bluf�. On July 12, 2000, the Administrative Law Judge received a letter from Mr. Vaughn on behaif of the Community Council's Board of Directors. The letter sets forth the history of conditions, suspension and fine. It concludes with a recommendation that the facility be permanently closed. Based upon the foregoing Findings of Fact, the Administrative Law Judge makes the following: CONCLUSIONS 1. The St. Paul City Council and the Administrative Law Judge have jurisdiction in this matter pursuant to Section 310.05 of the St. Paul Legislative Code and Minn. Stat. § 14.55 (1998). 2. The City has given proper notice of the hearing in this matter and has fulfilled all relevant, substantive and procedural requirements of law or rule. 3. The City bears the burden of proving, by a preponderance of the evidence, that adverse action is warranted with respect to the Licensee's Auto Repair Garage License. 4. Chapter 310 of the St. Paul Legislative Code contains general provisions relating to licenses issued by the City. Section 310.06(b)(5) provides that adverse action may be taken when "[t]he licensee or applicant has failed to comply with any condition set forth in the (icense, or set forth in the resolution granting or renewing the license." Adverse action is defined in Section 310.01 to include fines, imposition of conditions, suspensions of a license, or revocation of a license. 5. The City demonstrated, by a preponderance of the evidence, that the licensee failed to comply witfi the conditions set forth in Council File #00-34, as amended. Specifically, the City showed that the Licensee stored wood, parts, inoperable vehicles, trash and other debris on the e�erior of the property. �o - 9Sn Based upon the foregoing Conclusions, the Administrative Law Judge makes the following: RECOMMENDATION The Administrative Law Judge HEREBY RESPECTFULLY RECOMMENDS that the Council takes ADVERSE action against the License of Steve's Auto Body St. Pauf, Inc., d!b!a Steve's Auto Body. Dated this �(�� day of August 2000. C,��.�. � . �� ALLAN W. KLEIN Administrative Law Judge Reported: Taped MEMORANDUM The real problem here is that Mr. Hakala needs much more space for his style of operation. He needs to either move to a larger building, rent additional storage space elsewhere, enlarge the building, or build a storage shed. Such actions are needed to comply with the City Council's conditions. The amount of space inside the building is simply inadequate, and the solution used to date, to store things outside the building, is exactly what the City Council was trying to avoid. Although Mr. Hakala has improved the condition of the property significantly over the past few months, it would appear that some sort of major change is necessary if he is going to comply with the Council's conditions and continue in business. v �• . d� OFFICE OF ADNIINISTRATIVE HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUL In Re The Auto Body Repair Gazage License Held By Steve's Auto Body St. Paul d/b/a Steve's Auto Body St. Paul July 18, 2000 CITY'S PROPOSED EXFIIBITS TO: Judge Allan W. Klein, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following constitutes a list of the City's proposed e�ibits for the Administrative Hearing on July 18, 2000. Exhibit No. E�. No. 1 Exh. No. 2 Exh. No. 3 Exh. No. 4 Exh. No. 5 E�. No. 6 E�. No. 7 E�. No. 8 Description License Inforxnation Report, printed July 14, 2000 (1 p.); License Conditions far Steve's Auto Body St. Paul, printed April 5, 2000 � P•); License Comments, printed Apri15, 2000 (1 p.); Notice ofLicense Suspension and Imposition ofFine, dated January 25, 2000, with attached resolution, Council File # 00-34 (2 pp.); Memo from Kris Schweinler to Ginger Palmer, dated Mazch 7, 2000 (1 p.); 6 photographs taken Febmary 17, 2000; 8 photographs taken March 2, 2000; Letter from Virginia Palmer to Steven Hakala, dated March 17, 2000 (1 p.); a. . Exh. No. 9 E�. No.10 E�. No. 11 Each. No. 12 E�. No. 13 E�. No. 14 Each. No. 15 I�� - ��?s Memo from Kris Schweinler to Ginger Palmer, dated April 4, 2000, with attached photograph taken March 23, 2000 (2 p.); E-mail from Kristina Schweinler to Ginger Palmer, dated May 9, 2000 (1 p.); Norice of Violation, dated May 17, 2000, with Affidavit of Service � PP•); Letter from Steven Hakala, dated May 24, 2000, with attached work orders � PP•); Letter from Virginia Palmer to Steven Hakala, dated June 14, 2000 (1 p.); Notice of Hearing, dated June 22, 2000, with Affidavit of Service � PP•); 4 photographs taken July 13, 2000. Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code § 310.05 St. Paul Legislative Code § 310.06 Respectfully submitted this 18h day of July, 2000. �.1 � 2iu"GGf" �° 1 Virgini �. Palmer Assistant City Attorney Office of The City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (651)266-8710 —, �N� , �o �� a' �x � iW I 0 N � O � � O y V N m �'J I� a n. i Jv 0 r 0 G � � 0 t"a � L � W � N C d v J �; iy� N J a � � N N � T � IN' O m UIO I �a 0 o � v I� � � m � iZ la O N!O C O U � J � � I RI I�� W �y � � a� _ � � � a�o � �� m � � � E Z (� m W ol �� r 0 O m �O m � � a Ciw a r � .� � � O �V' 00 �I Ip Q x w C � CI � ' z U O a U �C �N IJ � i� �� z a c � Q 0 I I ;�i U I C N � y � L N � � 7 Z N � N O L I� d'M N � N � I� I.0 � I m' � � �M F N V M U Z � � (� � � � � a m� L V y N � N N > l6 N O � s U O (p � - Q N 4 � � O U i - C N U "d- � O �a C N � 3 N 3 U i Q N O I � � i � O � � � O `1 C � @ m 3Q I I o� rnt I m ;� c I l,�rn°L Nt`�O y , U (p (6 d L-pL+�- � m �i N d�� m ! od o 0 W-y � v1 - U � C O U � N . i m3� � i C X N= N i i � w @ p � N C y C � c � NQ ; � N y- Eanm � � p1w � N : � Y N "6 N �� LLL ' a--r� .c � ONM Db ❑ ��ii� � %��\ �� July 12, 2000 Dayton's Bluff District 4 Comm d�-9s� - „� �` �,. ; �ncil 798 E. 7th Street, Saint Paul, MN 55106 • Phone 651-Z72-2�Z5 � Fa�c 651-774-3510 �sit our weTi site�i',i�w.daytonsbluff.org � ,�.� Allan W. Klein Office of Administrative Hearings 100 Washington Squaze, Suite 1700 Minneapolis, MN 55401 RE: Auto Body Repair Garage License held by Steve's Auto Body, Inc. at 1196 E. 7`�` Street. City ID #: 19980000406 Dear Judge Klein: I am writing on behalf of the Dayton's Bluff community and at the request of the Dayton's Bluff District Four Community Council Board of Directors. Mr. Steve Hakala has proved himself to be an incorrigible scofflaw. He entered into an agreement with the City to abide by a perfectly reasonable set of conditions and has consistently broken this agreement. Even a recent 15 day closing and fine did not deter him from violating those condition almost immediately upon re-opening. If the conditions were too tough or somehow difficult to come into compliance with, it would be understandable. But they are not. His business is a blight upon a neighborhood that is warking very hard to raise its standards of livability. We urge you to end his mockery of the conditions set forth in his 1_iCCP_S? a.�ri t., f'rP? thP �C*P_IT!un_t�� frOID t11S .°.*1fOZCCT_F1PP.t tY!CTP_ �T1C1 Cve by closing Steve's Auto Body permanently. Thank you for your consideration. I can be reached at 651-772-2075. Sincerely, �� John Vaughn, Community Organizer Cc Councilmember Kathy Lantry Virginia Palmer, City Attorney � Creating a sense of place and a place that makes sense � �; , OFFIC THE CITY ATTORNEY ' • CTaytors imson, Jr., City Aaorney �L` —�� CITY OF SAINT PAUL Norm Colemars, M¢yor IURe ZZ ZD�O Steven Hakala Steve's Auto Body 1196 E. 7"' Street Saint Paul, Minnesota 55106 Civi[ Div&ian 400 Ciry Ha1! IS WestKellagg Blvd SaintP¢ut, Minnesofa 551D2 NOTICE OF HEARING Te(ephone: 651266-8710 Facsimile: 657 298-5619 RE: Auto Body Repair Garage License Held by Steve's Auto Body St. Paul, Inc. d/b/a Sfeve's Auto Body, for the premises at 1196 E. 7` Street License ID #: 19980000406 Dear Mr. Hakala: Please take notice that a hearing will be held at the following rime, date and place conceming all licenses for the premises identified above: Date: Tuesday, July 18, 2000 Time: 9:30 a.m. Place: Room 41 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administratave Hearings: Name: Telephone: Allan W. HIein OfTice of Administrative Hearings l00 Washington Square, Suite 1700 Minneapolis, MN. 55401 612-341-7609 St. Paul dlb/a Steve's Auto Body St. Pau — City's Exh. No.14 —' � - �c-�� '. The Council of the City of�t Paul has the authority to provide fo�arings conceming licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 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 follows: It is a condition of your license that there is to be no exterior storage on the property other than the parking of customer andlor employee vehicles. On January 12, 2000 the Saint Paul City Council took adverse action against your license based, in part, upon previous violations of this license condition. The Council resolution gave you one week to bring the property into compliance with the conditions on your license. On March 17, 2000 you were advised by a letter from the Saint Paul City Attorney's Office that the property was still not in compliance with the condition relating to outdoor storage, and that on ., February 17, and March 2, 2000, the license inspector had observed inoperable vehicles and outdoor storage on the lot. Again on April 28, 2000 the license inspector observed the premises and observed junk cars and parts on the lot in the front and back of the building, in violation of the conditions on your license. 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 sections 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. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City wili then present its witnesses and evidence, each of whom the licensee or attomey may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each ofwhom the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either party 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. Concluding 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 Notice of Hearing - Page 2 � '. ~ production of documents i�nformity with Minnesota Rules, part 0.7000. ��—�� j7"j If a stipularion or a�eement can be reached as to the facts, that stipulation will be presented to the Admuustrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challen�e the allegations will be forfeited and the allegations against you which have been stated eazlier in this notice may be taken as hue. If non- public data is received into evidence at the hearing, it may become public unless objection 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 tculy yours, � .�� Virginia D. Palmer Assistant City Attorney cc: Nancy Thomas, Office of Administrative Hearings, 100 Washington Squaze, Suite 1700, Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessier, Director, LIEP Christine Rozek, LIEP John Vaughn, Community Organizer, Dayton's Bluff District 4 Community Council, 281 Maria Ave., St. Paul, MN 55106 Notice of Hearing - Page 3 _• �:• . � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY �J ��-9�� AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on June 23, 2000, she served the attached NOTICE OF HEARING upon the following named person placing a true and correct copy thereof in an envelope addressed as follows: Steven Hakala Steve's Auto Body 1196 E. 7 Street St. Paul, MN. 55106 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United ates mails at St. Paul, Minnesota. � �, ., � S Subscribed and sworn to before me this 23rd � of ,d2t�e, 2000. /� �i��Tti'9��0\ �P•'.k�asa.l NOTARYWBUCAMNNESOA Notary Publ' MYCOanMissioN ;.,�. EXPIRE� dAN. $1 � 21� OFFICE OF THE CITY ATTORNEY , + CluyYOm M. Robixsom, ✓r., CityAUOrney y.�� r� (/ <.) CITY OF SAINT PAUL 'r� � �= 7 �� Civi/Division Norm Coleman, Mayor s, � t �,._ 400 Ciry Hal! �� sf 2� �� li• 5 f rswesrr�noggamd Sair+t Pau[, Minnesou SS702 i . _ :';. ' . _ t',_'ri�::i�� 7une 22, 2000 NOTICE OF HEARING Steven Hakala Steve's Auto Body 1196 E. 7"' Sh Saint Paul, Minnesota 55106 Telephane: 65I 266-8710 Facsimile: 651298-5619 RE: Auto Body Repair Garage License Held by Steve's Auto Body St. Paul, Inc, dJbJa Steve's Auto Body, for the premises at 1196 E. 7"' Street License ID #: 19980000406 1�2:k47LC��,'dk� Please take notice that a hearing will be held at the following tame, date and place conceming all licenses foz the premises identified above: Date: Tuesday, July 18, 2000 Time: 9:30 a.m. Place: Room 41 St. Paul City Hall 15 W. Kellogg Blvd. St. Paul, MN. 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: Allan W. HIein Office of Administrative Hearings 100 Washington Square, 5uite 1700 Minneapolis, MN. 55401 Telephone: 612-341-7609 �6-95� ;- "- The Council of the City of Saint Paul has the authority to provide for hearings conceming licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non- intoxicating liquor, authority is also conveyed by Mivnesota Statutes secrion 340A.415. Adverse action may include revocation, suspension, fines and other penaities or conditions. Evidence wili be presented to the judge which may lead Yo adverse acrion against all the licenses you hold at the above premises as follows: It is a condition of your license that there is to be no exterior storage on the property other than the parking of customer and/or employee vehicles. On January 12, 2000 the Saint Paul City Council took adverse action against your license based, in part, upon previous violations of this license condition. The Council resolution gave you one week to bring the property into compliance with the conditions on your license. On March 17, 2000 you were advised by a letter from the Saint Paul City Attorney's Office that the property was still not in compliance with the conditioa relating to outdoor storage, and that on �, February 17, and March 2, 2000, the license inspector had observed inoperable vehicles and outdoor storage on the lot. Again on Aprii 28, 2000 the license inspector observed the premises and observed junk cars and parts on the Lot in the front and back of the building, in violation of the conditions on your license. 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 unauthozized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.5� to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code as may be appiicabie. At the hearing, ihe Administrative Law Judge will have all parties identify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attomey may cross-examine. The licensee may then offer in rebuttai any witnesses or evidence it may wish to present, each ofwhom the City's attomey may cross-examine. The Administrative Law Judge may in addition hear relevant and material testimony from persons not presented as witnesses by either parry who have a substantial interest an 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. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings ofFact, Conciusions of Law, and a specific recommendation for action to be taken by the City Councii. 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 Notice of Hearing - Page 2 �production of documents in confomuty with Minnesota Rules, part 1400.7000. �� 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 faal to appear at the hearing, your ability to challenge the allegarions will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non- pubiic data is received into evidence at the hearina, it may become public uniess objection 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, ��f �� U Virginia D. Palmer Assistant Ciry Attorney cc: Nancy Thomas, Office of Administrative Hearings, 100 Washington Square, Suite 1700 Mpls, MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP John Vaughn, Community Organizer, Dayton's Bluff District 4 Community Council, 281 Maria Ave., St. Paul, MN 55106 Notice of Fiearing - Page 3 CITY OF SAINT PAUL Norm Coleman, Mayor June 14, 200Q Steven Hakala Steve's Auto Body 1196 E. 7�' Street Saint Paul, MN 55106 OFFICE OF THE CITY ATTORNEY �� _�� D Clayton M. Robinson, Jn, Ciry Atmrney Civi[Diviston 400CityXa![ Te[ephone:651266-8770 15WesiKeltoggBlvd. Facsimite: b51298-3619 Saint P¢ul, Minnesota 55102 12E: Auto Body Repair Garage License Held by Steve's Auto Body St. Paul, Inc. d/bfa Steve's Auto Body, for the premises at 1196 E. 7` Street License ID #: 19980000406 Dear Mr. Hakala: On June 6, 2000 I received your letter dated May 24, 2000, which appears to be in response to the Notice of Violation dated May 17, 2000. The letter does not indicate whether you are requesting a hearing before an administrative law judge, but because it seems to be disputing the aliegations of the Notice of Violation, I am assuming that you do wish such a hearing. Please contact me no later that June 21, 2000 if you are not contesting the facts of the Notice of Violation and do not wish to have a hearing before an administrative law judge. If I have not heard from you by that date, we wiil send you a Notice of Hearing with the allegations of violations which will be presented at the hearing, the date, time and place of the hearing and a brief description of the procedures which wili be followed. Sin�� ly, � �� / .-�c� Virginia D. Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP � St. Paul d/b/a Steve's Auto Body St. Pau — City's Exh. No.13 —, . �• j` Z�f - �c� �D-R5� t j Ll � j! C G:c'SC �7 ��l /�tS C�tsl�Ov'-�r d K f / �:�/llpa/�� UL�.`c�rs - �� // � �yl c( OS e' � qo' � C O� r<s a( � li 'i L�!/c9lj� 4d�C�S ��" 7`L G Ci�S`�a<s�c i- i/�/-��`�l�S, TG�� `��✓ �=rucl� oC 7`G, � L;��c�l� �� o�� x� �� ,��- �:� �ti� P ,��tiz.-x y �'? !�(' !'!�G � rG �:�T cl1� ( �� f QV" �/'�s's' ��- ,s ��y ;��ss,s�� h � � l�, �� °f s-�� o�-� � l� ��.� �� oP¢ � y ��V U �� i�-s ;��s,�-�� 1�� oP� �o�� w�'� � ��- w,�sr�,y P� ��c-ll C/�Gi,'c�rs' �Ti �l xt�� f'C��7 1��u/ j�aj/'LC}�ols` / �r �'� �), �� }�: � zs - �' ��u� y �o ��? �� ' y� a� ✓ i a��.- �4 c vC�o� j u✓� �i? LU 't� ., �2�"ci O� vl�oC �zz°� [�✓E?/l'cPf� F3y7 . v�l�.clrs o��s,�c _ ,. w e � � � � �- � � e.�, �,� � f��zs- � . o�� w � z �� 7-,� �� j� �� .� �t �u��1� . 7 � �u rl `: y l� �1� �-r� ��z �� l�-�e� 4'.7�f �`��c �7 c� xo y J u� f� �a�7 f� �� r ' ,,, �7` . � CEIVED JUN 0 6 2QCD �� CITY ATTORiV�� St. Paul d/b/a Steve's Auto Body St. Pau — City's Exh. No. 12 — Caz Make: License # Owner Address Phone #'s Home Work Oty '7� S�� -� m L�ii`C��-l¢rv �i' i�s ��-9�5� Steve's Auto Body St. Paul INCORPORATED 1196 7th Street East St. Paul, Minnesota 55106-4014 (651) 776-3482 Fax {651) 487-5307 Parts 1 Labor Parts �� w � �� `P�� Q'/ �OC!'�c .� , � Eslimated By: � Labor Sub-Total Tax Total -. , ��/��P � �I�-9�5v Car Make: Zr//� Cc�� v.- License# Steve s Auto Body St. Paul Owner �%�� G� INCORPORATED Address 11 gg 7th Street East Phone #'s St. Pau{, Minnesota 55106-4014 Home (651) 776-3482 Work Fax (651) 487-5307 Oty Description ' Parts . I Labor � r � �,� Parts Labor Sub-Total Tax Estimated By: Car Make: License # Owner Address Phone #'s Home Work �� H �/ysS t C'�j i/ �d��r< i� /�a /cTi' Oty Description r 8 �� `�� e vvn �-�_ C?fJ ��'' - ��i�s��` S'= j "z - �d o d - 9�5� Steve's Auto Body St. Paul INCORPORATED 1196 7th Street East St. Paul, Minnesota 55106-4d14 (651) 776-3452 Fax(651)487-5307 � -�„ Parts Labor Sub-Totai Tas Parts 1 Labor Estimated By: CarMake: �� f�Ci Grg- License # ,.�_„�' �'�(/ Owner 1�qW� � �� Address _.�� Phone #'s Home Work Oty Description �� f � � 2�v r Db Steve's Auto Body St. Paul INCORPORATED 1196 7th Street Easi St. Paul, Minnesota 55106-4014 (651) 776-3482 Fax(651) 487-5307 Parts � Labor Parts Labor Sub-Total Tas Estimated By: CazMake: ' � 2 G�'� �o� License # Owner �v f /�S Address Phone #'s Home Work Oty � Description � i: c,� � C�7 -�1�� Steve's Auto Body St. Paul INCORPORATED 1196 7th Street East St_ Paul, Minnesota 55106-4014 (651) 776-3482 Fax (651) 487-5307 Parts I Labor C� CN <y '�' ' �' '- f?FJ paI'tS Labor Sub-Total Tax Total Estimated By: Y • � �J CITY OF SAINT PAUL Norm Coleman, Ma}'or May 17, 2000 OFFICE � CI"IY ATTORNEY C� I� - 9� j� Cl�ytors M. �cDStnson, Jr., Crry Attorrsey c�Urt o«rsro,� 400Ciry�Hal1 Telephone:65[266-87/0 ISWestKe!loggBb�d. FacsimiTe:651298-ibl9 Saint Paul. Minnuota i� I01 NOTTCE OF VIOLATION Steven Hakala Steve's Auto $ody I 196 E. 7"' Street Saint Paul, Minnesota 55106 RE: Auto Body Repair Gazage License Held by Steve's Auto Body St. Paul, Inc. d/b/a Steve's Auto Body, for the premises at 1196 E. 7`" Street License ID #: 19980000406 Dear Mr. Hakala: The Office of License, Inspections and Environmental Protection has recommended adverse action against the licenses held by Steve's Auto Body St. Pau1, Inc. dlb(a Steve's Auto Body, for the premises at 1196 E. 7`h Street. The basis for the adverse action is as follows: It is a condition of your license that there is to be no exterior storage on the property other than the parking of customer and(or employee veLicles. On January 12, 2000 the Saint Paul City Council took adverse action against your ticense based, in part, upon previous violations of this license condition. The Council resolution gave you one week to bring the property into compliance with the conditions on your license. On March 17, 2000 you were advised by a letter from the Saint Paul City Attorney's Office that the property was still not in compliance with the condition relating to outdoor storage, and that on February 17, and March 2, 2000, the license inspector had observed inoperable vehicles and outdoor storage on the lot. Again on Apri128, 2000 the license inspector observed the premises and observed junk cars and parts on the lot in the front and back of the building, in violation of the conditions on your license. St. Paul d/bia Steve's Auto Body St. Pau — City's Exh. No. ll . , Page 2 Steven Hakala May 17, 2000 � � � �- g�5a If you do not dispute the above facts, please send me a letter admittin� that they aze true. The matter wili then be scheduled before the City Council for a hearing to determine what penaity, if any, is appropriate. You will have a chance to appear and make a statement before the Council on your behalf. If you wish to dispute the facts, you aze entitled to an evidentiary hearing before an administrative law judge. Ifyou wish to have such a hearin�, please send a letter stating that you are contesting the facts. You will then be sent a notice of hearing with the date, time and place for the hearing, the name of the administrative law judge, and an explanation of the procedures. Please let me know in writing no later than Tuesday, May 30, 2000, how you wish to proceed. If you have questions about these options, please feel free to contact me at 266-871Q to discuss them. IF I have not heard from you by Tuesday, May 30, 2000, I will assume that you are not contesting the above facts and will schedule the matter for the hearing in front of the City Council. Sincerely, .�� u�� P-�-� � Virgisria D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, LIEP John Vaughn, Community Organizer, Dayton's B1ufFDistrict 4 Community Council, 281 Maria Ave., St. Paul, MN 55106 � r . r . • • STATE OF MINNESOTA ) ) COUNTY OF RAMSEY ss. � i I' �� AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on May 18, 2000, she served the attached NOTICE OF VIOLATION upon the following named person placing a true and correct copy thereof in an envelope addressed as follows: Steven Hakala Steve's Auto Body 1196 E. 7th Street St. Paul, MN. 55106 (which is the last known address of same, with postage prepaid, in the Minnesota. i,,,d—pe.�son) and depositing the ted St�tes mails at.8'h. Paul„ S Subscribed and sworn to before me this 18th d3� of�y�-�000. Notary PETER P. PANG80RN NpTARY PUBUC' MINNESO7A MY COMMISSION EXpIRESJAN.31,2006 .. � Ginger�Pslme� -�Re: SfeJe's Auto Body �� `""� _._ __ _ ��,._ . . _ _,._ . _ _ .. � _. . �- - - page 1 : D�-9� � From: Kristina Schweinler To: Palmer, Ginger Date: 5/9/00 11:04AM Subject: Re: Steve's Auto Body Christine and I were there on the 28th of April and it is still not in compliance Junk cars and parts in front and back. St. Paul d!b(a Steve's Auto Body St. Pau — City's Exh. No. 10 — License Group Comments Text Licensee; STEVE'S AUTO BODY ST PAUL INC �BA� STEVE'S AUTO BODY ST PAUL INC License#: �ggg0000406 04I05(2000 �� - �� 03/17/2000 Letterfrom CAO indiwtlng that property is still in violation of license conditions. Must clean up immediately or could go to council foriurther adverse aciion. CAR 3/7/2000 Letter from KS to CAO indicating that some work has been done, bui property is still in violation This letter transmits pictures of 2/17/2000 and 3!2/2000. CAR 2/17/00 and 3/2/00 picNres indicate still have cars and pads stored in back and too many cars in front.KS 2/11/2000 $500 fine paid. CAR 7/27/2000 - Suspension and Fine letter given to Kris to hand deliver (Business to be closed 2/02/00 thru 2/16/00 and $500.00 fine due 2/� 1/2000) - LAB 01/12/2000 CF00.34 approving $500 fine serve t 5 day closure with an additional 'f 5 days stayed if licensee has no more violations for 18 months, and property is cleaned up within 7 days of passage of this resolution. CAR 12/22/99 Notice of Council Hearing from CAO for 1/12/200. Recommend 30 day suspension of license, stayed for 18 months on 3 conditions - property hrought irtto complia�ce within 7 days, no fuRher violations during the next 18 months, $500.00 fine paid within 30 days. CAR 12/7/99 Pictures to CAO for adverse action. KS. 12/1/99.still out of compliance per pictures taken by KS. KS 10/28/99 Notice of �olation from CAO for failure to comply with Iicense condtions. 1113/99 response date. CAR 9/73/99 Letter from KS, Senior fnspector, indicaGng that licensee is not in compliance with license condiGOns to provide a fence and no e#erior storage. Deadline of 9/30/99 given for compliance. CAR 11/23/98 CR 98-989 approving license with conditions. CAR 9/23/98 - Public hearing date 10l23/98, notices mailed 9/23l98; 19M, 110 & 40EM/JL �II 1'Q Q 1CQ SC � � St. Paul dlbla Steve's Auto Body St. Pau ^ City's Exh. No. 3 —' License Group Conditions Text Licensee: STEVE'S AUTO BODY ST PAUL INC �BA. STEVE'S AUTO BODY ST PAUL INC Liceese #: 1g980000406 04/OSl2000 �� 9�a 1. Parking, manuevering, customer vehicle storage and dumpster location shall be as shown on the site plan on file with LIEP, dated 6!5/98. 2. The dumpster shall be enclosed with a 6'-0" high wood obscuring fence by October 2, 1998. 3. There shall be no eMerior storage other than the parking of customer/ employee vehicles. 1 St. Paul d/bla Steve's Auto Body St. Pau — City's E�. No. 2 — Db-9�� CITY OF SA1NT PAUL INTERDEPARTMENTAL MEMORANDUM DATE: 4/4/00 TO: Ginger Palmer FROM: Kris Schweinler+��' RE: Steve's Auto Body Ginger, As of the date of the picture the licensee Steve Hakula was not in compliance with the conditions of his license yet. I did talk to a Leroy Bobick who said he was a pariner of Steve's and that they now had it as clean as they could get it. I told him that I would be out in the next few days to check on it and take more pictures. That there should be no outdoar storage of anything and no parts being stored in inoperable vehicles. He did say that some of the stuff is the properiy owner and that they had no control of that. I told him they would be responsible as the licensee. He seemed to understand and said they would comply. -..'=a ;::;"�.; St. Paul d(b/a Steve's Auto Body St. Pau — City's Exh. No. 9 — ,` : �- �� ` - i,, �-: � _ k� ` �: a � _ �.1 s ''i � � � � - '�';'�( `:; i - �" �� ' ` �� . . �� A n §/ `t' _ ��...• . �, — �s�ic�*. . - : �\:.�__ � . .. < _ — y_- � , .. _._ .. -,_ . .. ..� i. -� . . . ....� ' ( .. C � ! �; � • OFFIC�F Tf� CITY ATTORNEY Cloyton M. Robirzson, Jr„ CityAt[omey 91 h�� L'y� !/!/ �J �i CITY OF SAINT PAUL Narm Colemun, Mayor �� March 17, 2000 Steven Hakala Steve's Auto Body 1196 E. 7�' Street Saint Paul, NIN 55106 Civil Division 400 Ciry Hal1 IS West Kellogg Blvd Saint Paul, Minnesota SSIO2 Telephane: 651 266-8 i IO F¢csimile: 65! 198-5619 RE: Auto Body Repair Gazage License heid by Steve's Auto Body St. Paul, Inc. d/b/a Steve's Auto Body for the premises at 1196 E. 7`� Street License ID #: 19980000406 Deaz Mr. Hakala: As you know, the Saint Paul City Council imposed adverse action against the licenses held by you at 1196 E. 7"' Street by action on January 12, 2000. The Council resolution, a copy of which was provided to you, states that you have one week from the passage of the resolution to bring the properiy into compliance with the conditions on the license. Failure to comply could subject you to the remaining fifteen days suspension, which was stayed for 18 months. On February 17, 2000 and on March 2, 2000 an inspector viewed the property and observed that, despite the fact that you have done a lot of cleaning up, there aze still violations of the condition relating to no outdoor storage. It is extremely important that you remedy this problem immediately, and that you be in compiiance with all of the conditions on your license, or the Office of License, Inspections and Environxnental Protection will have no option but to again recommend adverse action against your license. If you have any questions at all about the conditions on your license, piease contact LIEP to discuss them. Sincerely, J�� Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director of LIEP Christine Rozek, Deputy Director � St. Paul d/b/a Steve's Auto Body St. Pau — City's Exh. No. 8 — 0�-95� . ., .. • � • : : u�_ ►r : ui u � : �� 1� DATE: 3/7/2000 TO:Ginger Palmer , FROM: Kris Schweinler�J RE:Steve's Auto Body Ginger, Attached are some pictures I took on 217/2000 and 3/2/2000 of the property at 1196 E.7th St. D.B.A. Steve's Auto Body. They have cleaned out a great deal but I still believe they are in violation of the outdoor storage of parts and inoperable vehicles. Please let me know as to how to proceed on this matter. Cc: Christine Rozek/Deputy Director �� Y ssia' :�s�` � '.,•'. � �, ��.. �. :. t � � � s { � .. � . 6 y . ' ,. ` .. . . .-. :... �, �St. Paul d/b/a Steve's Au to Body�$t p�aul � — City's Exh. No. 5 — ' � OFFICEO�:ENSE,I<\*SPECTIONSAND ��—�� ENVII20NMENTAL PROTECTION Robe,t Kess[er, Direaor CITY OF SAINT PAUL Norm Ca[eman, Mayor T3T1Uary 25� 2�� Steven Hakala, Vice President Steve's Auto Body St. Paul Inc. 1196 East 7`" Street Saint Paul, NIN 55106 Dear Mr. Hakala: Talepiene: fi512669090 Fncv�dle: 651-26(r9099 651-26G9124 • ';� : a �.{�1 �, Enclosed is a copy of City Council Resolution Number 00-34 which suspends the Auto Body Repair Garage license issued to you by the City of Saint Paul for a period of thirty (30) days with fifteen (15) days stayed for a period of eighteen (18) months and imposes a fine of $500.00 for the foilowing violation: Violation of conditions placed on the license. The suspension and fine was adopted by the City Council in final written form at the CounciPs regular meeting on Jannary 12, 2000. The effect of this notice is that no business operations shall be permitted for fifteen days beginning at 12:01 a.m. on Wednesday, February 2, 2000 through 11:59 p.m. Wednesday, February 16, 2000. This is a sedous matter that demands your adherence. Absolutely no auto repairs shall be permitted on the licensed premises during this whole period. Also, a fine in the amount of $500.00 is due for the above mentioned offense which is payable no later than the close of business (430 p.m.) on Friday, February 11, 2000. Please contact me at 266-9108 if you have any questions regarding this matter. Sincerely, C J' "'�"' LC.�-� / � Christine Rozek Deputy Director cc: Commander Dennis Jensen, SPPD-Eastern Dishict Robert Kessler, Director-LIEP Peter Pangbom, Legal Assistant Kris Schweinler, Senior License Inspector IAWRY PROFESSIONAL BUbDING Suite 300 350 Se. Peter Street Sairu Paul, Minnesota SSIO2-I510 NOTICE OF LICENSE SUSPENSION AND IMPOSITION OF FINE � � � St. Paul dlb/a Steve's Auto Body St Pau — City's Exh. No. 4 — OR1��INAL Presznted By Refened To Committee: Date 1 RESOLVED, that the auto body repair saza�e license held by Steve's Auto. Body St. 2 Paul, Inc. d/b/a Steve's Auto Body (License ID7 19980000406), for the premises at 1196 E. 7�' 3 Street, is hereby suspended for a period of thirty day �for violation of conditions placed on the 4 license. � �>ti �5 �l� t � �z�s <- s ��, �r:,'; ° ,�' � � �`t\ eC\ cl F� � — ` i � �' � � RESOLUTION CITY OF SAI��iT PAUL, NIIlVNESOTA Counci] File = 00 —�y GreenSheei= — 104497� Ul/"1-J(� 3a ce,.�,,, 6 FURTHER RESCLVED, that said suspension sha71 be stayed for a period of ei�hteen i m„ � } � 7 months on the followinQ �onditions: 1) that the property is brouaht into compliance with the 8 conditions on the license �,�Zthin one week from the passage of this Resolution; 2) that there be no 10 I1 12 13 14 IS 16 17 furtlier viofations of the c�nditions on the Iicense or other code or zonin� violations durin� the ei�hteen months; and 3) �:at the licensee pay a fine of $�00, said fine to be paid to the Office of License, Inspections and �nvironmental Protection within thirty (30) days of the adoption of this resolution by ttze Council and si�nature by the Mayor. This Resolution and the action of the Council in this matter aze based upon the facts contained in the September 13, 1999 letter to the licensee from LIEP, the October 28, 1999 Notice of Violation letter to the licensee, and such azguments as may have been presented to the Council at the public hearin�. The licensee did not contest the facts. Recvested by DeFartment of: � r';J�t�f;� � �� Fozm Annroved by City Attorn By: ✓ ��CL�.L / � .�t Aonroved by Mayor for Sc:bmissicn Co Cocncil By: ��__��=_� � "Y: Anproved by Mayor: Date By: _ _ ._ Adcated by Cou^.c:'_: Date �\.�\\ �.� aC0 "O Adootion Certi.ied 5y C�.ssici3�ecretary September 1, 2000 Fred Owusu, City Clerk 170 City Hall 15 West Kellogg Boulevard S±. Pau!, Minnesota 55102 � � 1 �� 2ECEIVED ��' � 5 2�Q0 ClTY CLERK Re: In the Matter of the Auto Body Repair Garage License Held by Steve's Auto Body Inc.; OAH Docket No. 6-2119-12951-3. Dear Mr. Owusu: Enclosed is a copy of tape recording of the hearing in the above-referenced matter. The Findings of Fact and record were returned to you on August 31, 2000. Sincerely, ��'� SANDRA A. HAVEN Administrator of Office Services Telephone: 612/34 9 -7642 sh Enc. STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 Providing Impartial Hearings for Government and Citizens An Equal Opportunity Employer Administrative Law Section &Administrative Services (612) 341-7600 �TTY No. (612) 341-7346� Fax No. (612) 349-2665 .�. ,.. �.i; ,� ;;:.. .;;� (� ., . ; ' .,, , �, d :,,_ - �,. �i� t � t��, _ - / . � � / -� . i� � .� � j � _ , �- •� .' `I` � � ..L . Y�:�V�' �'` ,.. !'��. � : . . �g; , i��` • � . , v� � .. . . . . ��`:.. � _�� _ ' . � \ �'t*."4`i�^i �� ^ _. � � � ' �'; n +,. 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