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04-101Council File # ��' �b � GreenSheet# 3�7�l�,�� RESOLUTION CITY OF SAINT PAUL, MINNESOTA Presented By Refened To Committee: Date a� 1 WHEREAS, adverse action was initiated against the Auto Repair Garage License held by 2 Heartland Auto Sales, Inc. d/b/a Heartland Auto Sales for the premises at 1236 Arcade Street in 3 Saint Paul (I.icense ID#: 990001008) alleging an August 20, 2003 violation of the condition on 4 the license limiting the number of vehicles to be on the premises; and 5 6 WHEREAS, a Notice of Violation dated November 22, 2003 was sent to the licensee, 7 alleging a November 5, 2003 violation of the condition on the license limiting the number of 8 cazs; and 10 WHEREAS, the parties have agreed to a settlement of the two matters without the need 11 for a hearing before an administrative law judge whereby the licensee would acknowledge the 12 violation of the condition on Yhe license from November 5, 2003, of having more than 37 cars on 13 the premises, in return for which the Office of LIEP wouid not pursue the violation from August 14 20, 2003; and 15 16 17 18 19 20 21 22 23 24 25 WHEREAS, the parties have further agreed that an appropriate penalty would be a fine of $1,000 and a ten day suspension of the Auto Repair Garage License held by Heartland Auto Sales, Inc., with $500 of the fine and the ten day suspension being stayed for a period of twelve months from the date of the adoption of this resolution on the condition that: 1) $500 of the fine be paid within thirty days of the passage of this resolution; and 2) that there be no further violadons within the twelve month period; and WHEREAS, the Council has agreed that this is an appropriate settlement of the matter; now, therefore be it �- z 3 4 5 6 7 8 9 10 11 12 13 o y- la/ RESOLVED, that the Auto Repair Gazage License held by Heartland Auto Sales, Inc. d/b/a Heartland Auto Sales for the premises at 1236 Arcade Street in Saint Paul (License ID#: 990001008) is hereby suspended for a period of ten days, and the licensee is ordered to pay a fine of $1,000. Five hundred dollazs of the fine and the ten day suspension of the license is stayed for a period of twelve months on the condirion that: 1) $500 of the fine be paid within thirty days of the passage of this resolution; and 2) that there be no further violations within the twelve month period from the date of the adoption of this resolution. oy-l�l � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � (�� DepartmenUoffice/council: Date Initiated: � � LP -�;��s��bo��n�= Za��,-� Green Sheet NO: 3010515 Conpct Person & Phone• Deoartrnent Sent To Person InitiailDate Ginge� Palmer � 0 icense/Ins ection/Environ Pro 2 �"$�� Assign 1 iri Attorne Gin er Palmer � Must Be on Council qqenda by (Date): Number 2 ;cense/ins ection/Environ Pro De artment Dir r �(_ For Routing 3 a or's Ottice MavodASSisGnt Ofder 4 ouncil 5 itv Clerk Ci Clerk Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Imposing a$1,000 fine and 10 day suspension of the Auto Repau Gazage License held by Heartland Auto Sales, Inc. with $500 and the. 10 day suspension being stayed for 12 months from adoprion of tlus resolurion on the condition that the fine be paid within 30 days of passage of flris resolution and that there be no further violarions within the 12 month period. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Mswer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contract for this departrnenY? CIB Committee Yes No Civil Service Commission 2. Has this persoNfirtn ever been a dty empioyee? Yes No 3. Does this personlfirm possess a skill not normalty possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating Problem, issUes, Opportunity (Who, What, When, Where, Why): Adverse action initiated against the Auto Repair Gaxage License held by Hear[land Auto Sales, Inc. by Notice of Violarion dated 11-22- 03 alleging a violation on 11-5-03. Licensee requested an ALJ hearing, t7uough counsel, on 12-4-03: Settlement was reached prior to an AL,J hearing. Adva�tapeslfApproved: Adopuon of agreement and penalty would be imposed for license violarion. DisadvantapeslfApproved: Disadvantages If Not Approved: No penalty for license violarion. ToWI Amount of CosURevenue Budgeted: , �.. �,., TranSaCtiorr. �'vf. � . . � �..�iE�@? Funding Source: Activity Number: Financial Information: ,�'ki,� � � ��. (Explain) b� /o/ CITY OF SAINT PAUL Randy C. Ke!!y, Mayor January 15, 2004 Gary A. Van Cleve Lukin Hoffman Daley & Lindgren, Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Minneapolis, MN 55431-1194 OFFICE OF Tf� CITY ATTORNEY Martuel J. Cervarttes, City A�romey Civil DivBio�� 400 Ciry Hall I S LYest Kellogg Blvd. Sainr Pnul, hfirtnesota 55102 Tefephone: 65l 266-8710 Facsimi(e: 651 298-5679 RE: Auto Repair Garage License heid by Heartland Auto Sales, Inc., d/b/a Heartland Auto Sales for the premises located at 1236 Arcade Street in Saint Paul Dear Mr. Van Cieve: Enclosed please find a copy of the proposed resolution which memorializes my understanding'of our settlement of the two pending adverse actions against the above referenced license. If it accurately states the agreement it wouid be put on the consent agenda for approval by the City Council. You asked if the twelve month stay could run from the date of the payment of the $500 fine, but generally it runs from adoption of the resolution by the Council. The licensee then has thirty days from that date to pay the fine, although it can certainly be paid as soon as the Council has approved the resolution. Please feel free to contact me if you have any questions. Sincerely, �/ ��? � Virginia . Palmer Assistant City Attomey cc: Christine Rozek, Deputy Director of LIEP Payne-Phalen District 5 Planning Council, 1014 Payne Avenue, Saint Paul, NIN 55101 AA-ADA-EEO Employer :� vy- iol WHEREAS, adverse action was initiated against the Auto Repair Garage License held by Heartland Auto Sales, Inc. d/b/a Heartland Auto Sales for the premises at 1236 Arcade Street in Saint Paul (License ID#: 990001008) alleging an Aub st 20, 2003 violation of the condition on the license limiting the number of vehicles to be on the premises; and WHEREAS, a Notice of Violation dated November 22, 2003 was sent to the licensee, alleging a November 5, 2003 violation of the condition on the license limitin� the number of cazs; and WHEREAS, the parties have agreed to a settlement of the two matters without the need for a hearing before an administrative law jud�e whereby the licensee would acknowledge the violation of the condition on the license from November 5, 2003, of having more than 37 cars on the premises, in return for which the Office of LIEP would not pursue the violation from August 20,2003;and WHEREAS, the parties have further agreed that an appropriate penalty would be a fine of $1,000 and a ten day suspension of the Auto Repair Garage License held by Heartland Auto Sales, Inc., with $500 of the fine and the ten day suspension being stayed for a period of twelve months on the condition that: 1) $500 of the fine be paid within thirty days of the passaae of this resolution; and 2) that there be no further violations within the twelve month period; and WHEREAS, the Council has ab eed that this is an appropriate settlement of the matter; now, therefore be it - RESOLVED, that the Auto Repair Garage License held by Heartland Auto Sales, Inc. d/b/a Heartland Auto Sales for the premises at 1236 Arcade Street in Saint Paul (License 1D #: 990001008) is hereby suspended for a period of ten days, and the licensee is ordered to pay a fine of $1,000. Five hundred dollars of the fine and the ten day suspension of the ]icense is stayed for a period of twelve months on the condition that: 1) $500 of the fine be paid within thirty days of the passage of this resolution; and 2) that there be no further violations within the twelve month period. oy �o� CITY OF SAINT PAUL Rartdy C. Ke[ly. Mayor December 9, 2003 Gary A. Van Cleve Larkin Hoffrnan Daley & Lindgren, Ltd. 1500 Wells Fazgo Plaza 7900 Xerxes Avenue South Minneapolis, MN 5543 1-1 1 94 OFFICE OF THE CITY ATTORNEY bfanue[J. Cervnrstes, CiryAttorney CivilDivision 400 Ciry Hn![ IS Wut Ke1logg Bb•d- Saint Pau[, hfinnesotn 55102 Telephone: 65! 266-8710 Facsimi[e: 651 298-5619 RE: Auto Repair Garage License held by Heartland Auto Sales, Inc., d/b/a Hartland Auto Sales for the premises located at 1236 Arcade Street in Saint Paul Your File No. 27,393-00 Dear Mr. Van Cleve: Pursuant to your request, we have rescheduled the consolidated administrative hearing in the above-referenced matter from December 30, 2003 to January 20, 2004, at 9:30 a.m. in room #41 of the St. Paul City Hall, before Judge Beverly Jones Heydinger. Please mark your calendar accordingly and feel free to contact me with any questions you may have. � Sinc ely, �z=�'-�-� Tami Laughlin Legal Assistant cc: Christine Rozek, Deputy Director of LIEP Diane Nordstrom, Office ofAdministrative Hearings, 100 Washington Squaze, Suite 1700, Mpls., MN 55401 Mary Erickson, Assistant Council Secretary, 310 City Hali Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paui, MN 55101-3933 AA-ADA-EEO Employer D �f- /ol STATE OF MINNESOTA ) ) ss. COUNfY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CL.EMENTS, being first duly sworn, deposes and says that on December 10, 2003, served the attached L.ET"TER by placing a true and correct copy thereof in an envelope addressed as foilows: Gary A. Van Cleve Larkin, Hoffman, Daley & Lindgren, Ltd. 1500 Wells Fazgo Plaza 7900 Xerxes Avenue South Minneapolis, NIlV. 55431 (which is the last known address of said attomey) depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. �� _ �� Subscribed and sworn to before me this lOt ay of December, 2003. `' `z�o/1 ` Notary Public .�+...��_....,.,.,, �.,�.. ORISCOLL � � • � - MINNES07A �` - " . . ., ."SSION - ' cX�';a: � .;;�.t.31,2005 '"""°a».a, «.. Dy- lo/ CITY OF SAINT PAUL Randy C. Kelly. Mayor December 5, 2003 Gary A. Van Cleve Larkin Hoffman Daley & Lindgren, Ltd. 1500 Wells Fargo Plaza 7900 Xerxes Avenue South Minneapolis, NIN 55431-1194 OFFICE OF TT� CI1'I' ATTORNEY Manue! J. Cervanres, Ciry Anorney Civil Division 400 Ciry Ha(l IS Wes[ Kellogg Bhd. Saint Paul, Minnesara 5510? Telephone: 65I 266-8770 Facsimile: 651 298-5619 RE: Auto Repair Garage License held by Heartland Auto Sales, Inc., d/b/a Heartland Auto Sales for the premises located at 1236 Arcade Street in Saint Paul Dear Mr. Van Cleve: Enclosed please find a copy of the Notice of Hearing which was served upon your client by mail on December l, 2003. Given your request to consolidate the two alleged violations and your unavailability on December 30, 2003, we wil] reschedule the matter for some time in January, and send you notice of that new date. The files in both matters aze availabie for your review in my office and the Office of LIEP has a file on this address as well. You aze free to inspect the files at any time during the week between 8:30 and 4:30. Please feel free to contact me if you have any questions. Sincerely, (��`—' � �C� vu�h Virginia D. Palmer Assistant City Attorney ca Christine Rozek, Deputy Director of LIEP Payne-Phalen District 5 Planning Council, 1014 Payne Avenue, Saint Paul, NIlV 55101 AA-ADA-EEO Employer � ; ;� �ax'klri Ho�f man <TTORNEYS �ECEIi/E� DEC u 5 2003 �y �� Iarldn Hoffman Daly & Lindgren Itd 1500 Wells Fazgo Plau 7900 Xe�es Avenue South Minneapolis, Minnesota 55431-1194 �� GE`lER4L: 9S2'aS3S-3SOO 3 raz- 952-89G3333 wes: www.larldnhoffinan.com December 4, 2002 Virginia Palmer, Assistant City Attorney VIA FACSIMILE (651/298-56191 St. Paul City Attorney's Office AND U.S. MAIL Civil Division 400 City Hall 15 West Kello�� Boulevard St. Paul, MN 55102 Re: License Held by Heartland Auto Sales, Inc. for Premises at 1236 Arcade Street License ID No. 990001008 Our File No. 27,393-00 Dear Ms. Palmer: Please be advised that this firm represents Heartland Auto Sales, Ina ("Heartland") in connection with the above-referenced matter. We are in receipt of your November 22; 2003 letter to Heartland advising that the City of St. Paul's Office of License, Inspections and Environmental Protection ("LIEP") has recommended adverse action against Heartiand based on an allegation that 44 vehicles were on Heartland's Arcade Street lot on November 5, 2003. Please be advised that Heartiand disputes the facts alleged in your November 221etter and Heartland requests a hearing before an Administrative Law Judge. In addition, we note that your November 221etter refers to a hearing scheduled for December 30, 2003 on an alleged violation dating back to August 20, 2003. Our client never has received any notice of any such hearing. If a prior notice was sent, please provide us with a copy. We do ��ish to conselidate these matters. i further advise you that I am unavailable on December 30 and request that a new date for the consolidated evidentiary hearings be scheduled some time after the first of the year. Finally, pursuant to Minn. Stat. § 13.03 of the Minnesota Government Data Practices Act, we request that we be allowed to inspect and copy data held in the City's files concerning the two alleged violations by Heartland. Please advise at your eazliest convenience when we may have access to these data. Very t ly yours, �4y� Gary Van Cleve, for L Hoffinan Daly & Lindgren Ltd. Certified Civil Trial Specialist Board Certified Civii Trial Advocate Certified Real Property Specialist Mmnesota State Bar Assona[ion Na[ional Board of Trial Advocary Minnesota State Bar Assomation o�( �ol Virginia Palmer December 4, 2002 Page 2 cc: Nasseh Ghaffari Direct Dial: 952-896-3277 Direct Fax: 952-842-1720 Email: �vancleve(c�larkinhoffman.com 905680.1 D�/- /o/ OFF OF Tf� CTI'Y ATTORNEY Manue! J. Cervanres, Ciry Attorney SAINT ••A�LI • � • � � AAAI1 CN[I D[VLSIOR 'f0� f.tl�' HQ�� IS Wesr Kellogg Blvd. Sainr P¢ul, Minnesara 55102 Telephone: 65! 266-87/0 Farsimile: 651298-5619 November 22, 2003 Owner/Manager Heartland Auto Sales, Inc. 1236 Arcade Street Saint Paul, MN 55106 RE: Auto Repair Garage License held by Heartland Auto Sales, Inc. d/b/a Heartland Auto Sales for the premises at 1236 Arcade Street License ID #: 990001008 Dear'Sir/Madam: The Office of License, Inspections and Environmentai Protection has recommended adverse action against the auto repair garage license held by Heartland Auto Sales, Inc. d/b/a Heartland Auto Sales for the premises at 1236 Arcade Street in Saint Paul. The basis for the recommendation is as foliows: On November 5, 2003, a license inspector was at 1236 Arcade Street to count vehicles parked on the lot in order to determine whether the licensee is in compliance with the conditions placed on the license. The inspector counted forty-four vehicles in the lot, in violation of the condition on the license which limits the number of vehicles on the lot to thirty-seven. If you do not dispute the above facts please send me a letter with a statement to that effect. The matter will then be scheduled for a hearing before the St. Paul City Council to determine what penalty, if any, to impose. You will have an opportunity to appear and speak on your own behalf, or to have someone appear there for you. On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Administrative Law Judge (ALJ). If you wish to have such a hearing, please send me a letter stating that you aze contesting the facts. You will then be sent a"Notice of Hearing," so you will know when and where to appear, and what the basis for the hearing will be. You may choose to consolidate this matter with the hearina already scheduled for December 30, 2003 on the alleged violation from August 20, 2003. AA-ADA-EEO Empioyer � Pab 2 Heartiand Auto Sales November 22, 2003 � -/o/ In either case, please let me know in writing no later than Friday, December 5, 2003, how you would like to proceed. If I have not heard from you by that date, I will assume that you are contesting the facts and will consolidate this matter to be heard with the prior violation. If you have any questions, feel free to contact me at 651-266-8710. Sincerely, � J/^ NLLI'ti�(J ��'"�(L� Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, Deputy Director of LIEP Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101-3933 AA-ADA-EEO Employer � STATE OF MIIVNESOTA ) ) ss. COUNI'Y OF RAMSEY ) o�- /o/ AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CL.EMENTS, being first duly swom, deposes and says that on November 25, 2003, served the attached LETTER by placing a true and conect copy thereof in an envelope addressed as follows: Owner/Nlanager Heartland Auto Sales, Inc. 1236 Arcade Street St. Paul, NIN. 55106 (which is the last known address of said person) depositing the same, with postage United States mails at St. Paul, Minnesota. �� _ G. Subscribed and sworn to before me this 25th day of November, 2003. ,�1 �� Notary Pubhc in the �..� ��.�.�....,..�.,. +�`•: � �.i':. ,Y9. BC �� 1h;iA«.?pJ6UGfdIpi�ESOTA � ,"�r,' UYCt�Ii'rSigSION EXPIRES JAN. 31, 2W5 i'r�� r^� �,--�r�-�-tn°�,c: e•-`� b�f-l�l CITY OF SAINT PAUL Rnndy C. Kel7y, bfny�or November 21, 2003 OFFICE OF THE CITY ATTORNEY Man�ee[J. Cervantes, CityAltorney CivilDivision 400 Ciry Xal7 I S Wut Ke[logg Blvd. Saint Pau[, Minnuoln 55IO2 Te[ephone: 65/ 266-8710 Facsimi(e: 651 298-56/9 NOTICE OF HEA.RING Nasseh Ghaffari Heartland Auto Sales, Inc. 1236 Arcade Street' 3aint Paul, MN 55106 RE: Auto Repair Garage License held by Heartland Auto Sales, Inc. d/b/a Heartland Auto Sales for the premises at 1236 Arcade Street, Saint Paul License ID #: 19990001008 Dear Mr. Ghaffari: Please take notice that a hearing will be held at the following time, date and place concerning your license application identified above: Date: Tuesday, December 30, 2003 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: Beverly Jones Heydinger Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 T eleph on e: 612-341-7606 AA-ADA-EEO Employer d�/- lo� The Council of the City of Saint Paul has the authority to provide for hearin�s conceming license applications and for adverse action against such license applications, under Chapter 310, including sections 310.05 and 310.06, ofthe Saint Paul Legislative Code. Adverse action may include denial, revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against your license as follows: On August 20, 2003, a license inspector was at 1236 Arcade Street investigating a complaint that there were too many vehicles parked on the lot. The inspector counted 67 motor vehicles, three motorcycles and a motor home. There is a condition on the license which limits the number of vehicles on the lot to thirty- seven. The Office ofLIEP will recommend a$1,000.00 fine and a 10-day suspension ofyour licenses. The 10-day suspension would be stayed for 18 months on the condition that there be no further violations during that 18 month period. You have the right to be represented by an attomey 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 7udge will have ail parties identify themselves for the 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 of whom the City's attorney 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 ciose 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 availabie to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersi�ned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Jud�e for incorporation into his or her recommendation for Council action. Notice of Hearing - Page 2 b �-/ol Ifyou fail to appeaz at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. 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 truly yours, �/ .��^ � w1 Virginia D. Palmer Assistant City Attomey cc: Diane Nordstrom, Office of Administrative Hearings, 100 Washington Squaze, Suite 1700, Mpis, MN 55401 Mary Erickson, Assistant Council Secretary, 310 City Hall Christine Rozek, Deputy Director of LIEP Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101-3933 Notice of Hearing - Page 3 oy- /o� . STATE OF MINNESOTA ) ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY ) JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on December 1, 2003, served the attached NOT`ICE OF HEARING by placing a true and correct copy thereof in an envelope addressed as follows: Nasseh Ghaffari Heartland Auto Sales, Inc. 1236 Arcade Street St. Paul, MN. 55106 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this lst day of December, 2003. / .Y'�Ci �"( . <"�X 'f�!J`c'.l 1 Notazy Public � � .� �� : � ^ d`.:w �zs�a �r 3as�,R ��` 11� �, �CTa�YCUb,.�C'MIPIidEWTA fl:f� Sri� v� .....� rxa-RES , ^�v 35.2W5 i'r-z�r�aag-�s�� va.rw , License Gra�p Comments Tert Licensee: H�TLAND AUTO SALES INC �Ba NEAR7LAND AUTO SALES License#: �gggppp�ppg o�/ �o / 09/OB/2003 09/O8/2003 To CAO for adverse action. Recommend $1000 fine and 10 day clasure, dosure to be stayed for 18 months with no sarne or similar. CAR 08/27l2003 Report from inspactor KS that there were 67 vehides on the lot during a OB/20/2003 complaint inspection, which is a violation of a license condition which permitr only 37 cars. Pictures are included with the repo2 CAR 06l64/2002 ZF#07-206-105 - modification of cond�tional use pertnit #99-013 for outdoor auto saiems. Previous pertnit aufhorized 27 veh. Modified pertnit allows up to 37 total vehiGes on the lot jih/caa OSl28/2002 letter to licensee's atty from CAO stating tliat LIEP has agreed to terminate the adverse action based upon the fact that the licensee has 6een granted a SCUP which increases the number of vehides to be parked on this lot SCS 04/09/2002 E-maii rec'd from CAO stating tha[ a continuance has been rescheduled to OS/O7/2002 at 9:00 am and that George 8eck vrill sent out a letter to both parties. SS 04/09l2002 E-mail rec'd from CAO siating they received a phone pll from licensee's atty indipting ihat they want another continuance because the atty is going to associate w/Gary VanCleve on the case, as the licensee caught the fact ihat he probably gets his SCUP because it wasnY denied wfin 60 days. CAO agreed to a 3-wk continuance to sort out whether fhe City has a case to proceed on or noC SS 02/01/2002 Notice of Hearing from CAO conceming all licenses for 03/12/2002, 9:30 AM, Room 41, for AW George A. Beck, in regards to a complaint that there are more vehicles on the lot than are pertnitted. SS 02/11/2002 AW hearing set for 3/12@002 , 9:30, Room . CAR 01/1M2002 NoSCe of Volation from CAO recommendng adverse action due to inspectlons on 12/17/2001 and 17J26/2001 where 33 vehicles were found on the lot and on 01/09�'2002 where 37 vehicles were found on the lot. Recommendation is for $1,000.00 fine and 10 day suspension stayed for 18 months on the condition that there be no same or similar violations within that time period. Ot/2M2002 to respond. SS 1/9/02, 37 veh. on the Iot,KS. 72/26/2001 3:OOpm inspection by Jeff Hawkins - 33 vehicles on lot CAR 72/24/2001 To CAO tor adverse action. Suggested penalty •$1000 fine, and 10 day suspension stayed for 78 months with no same or similar. CAR 12/77/2007 KS inspected location in response of continuing neighborhood complaints and found 33 cars parked on the lot. Licensee is pertnitted 27 vehicles. Planning Commission has not approved any changes. CAR 71 /20/2000 Jeff Hawkins sent a letter to Naseff GhaHari to comply with ordere by t t/30/2000. jh/caa OS/10/2000 Tom Beach seM a letter to Naseff Ghaffari informing him that changes in the conditions must be approved by Pianning Commission. He has until 8/28 to comply. TB/caa ' OS/23/2000 letter sent by CAO to Bloomquist accepting ihe proposal. AW ranceled. Heartland given 120 days for IIEP to monitor site OS/17/2000 per letter from Heartland attomey, M Bioomquist, he spoke with BK on 5/3. The proposal made foliows: 1) Condition 1 wili remain in compliance; 2) Heartland wiil complete Conditions 2, 3, 4 by 5/31 / cadcaa 04/27/2000 Notice from CAO of change in AW hearing date to OS/2M2000, Room 40A, 9:30 AM. 04/20/2000 Per CAO, Heariand attomey requesis for continuance. cadcaa � 04/t t/2000 Per TB, SCUP gave Heartland until last fall to pertnanen8y close two curb cuts and insfalt landscaping. TB spoke to Heartland last fail and gave a varbal eMension to compiete vrork by Spring 2000. cao%aa 3/27/2000 Notice of hearing trom CAO Afj 04/25/2000, 9:30AM, Room 42, Courthouse. Hearing is for violations of Iicense conditions. CAR 03/23/2000 per inspection by LZ, condition #2 is not in compliance. cao%aa 03/22/2000 per inspectlon by LZ, condiHon #2 and #3 is not met. cao/caa 03/20/2000 CAO rcvd letter from Heartland Auto's attomey (Mark Btoomquist) requesdng for AL1. cadcaa 3/9/2000 Letter from CAO indicating that LIEP wishes to proceed with adverse acfion based on having too many care parked ali over. Given to 3/20/2000 to respond.CAR 3/7/2000 Letter from KS to CAO transmitting pictures of 2/17/2000 and indicating violation of conditions - too many cars on the lot CAR 2J17/2000 Taok pictures. KS � 7/28/00 43 cars plus iboat on the Iot.KS Ot/27/2000 Notice of Violation from CAO for condition violation of having too many cars on the lot. Given to Ot/31/2000 to respond. CAR Ot/13/2000 CAO for Fortn A, in violation of cond(tlons. KS/CAA Ot/13/2000 pictures and license infortnaiion forwarded to CAO for proof of violation of conditions. ks/caa 7/10/00 35 cars on the lot boat parked in back and a dealer car in the straet.took pic.KS. 72/13/99.TOOk pic. 29 veh on lot some cardboard stacked outdoors gone on the 12/1M99K5 72/2/1999 Gave verbal �otice to George LaRue (mechanic) to have the lot in comp. by 12/8/99 counted more than 32 veh, at inspection KS. 70/27/99 counted 37 veh. and some tires on lot took pic.KS 09/22/1999 per Larry Z ok to issue iicense. Applicant has complied wNh requirements. CAM 8/9/99 letter sent requesting compliance or withdrawal ot auto rp gar by 8M 6199 07/23/7999 Per revised site pian review between Bob Kessler and Tom Beach; 22 cars for sale, 5 spaces for employees/customers, 4 spaces for adjacent restaurant, for totai of 31 vehicies. TB/CAA 07/09/1999 Ietter sent yesterday was amended to clarify inspections citing evidence of auto hody work on the premise. bWcaa 07/08/1999 ietter sent from Bob Kessler to Nasseh Ghaffari of Iast notice for compiiance. bWcaa 6/2/99 CF99321 Approved application for Auto Repair Garage and 2nd Hd Dlr-MV License. 5/12J99 Council laid over to 5/26. CAM M28/99 Council laid this over to 5/5/99. CAR 4/14/99 CF 99321 To councii wtth recommendation from legislative hearing officer for approval with conditions. Councii laid over to 4/28/99. CAR 3/26/99 Legislative Hearing scheduled for Tuesday, April 6, 1999 �4:OOpm. CAM 3/M99 ZF99-013. Specia� Conditiort Use Permit to allow a second hand automobile sales business approved wiTh conditions. CAM 3/1/99 - Notlfication response date 3l26/99, notices mailed 3/tl99; 86M, t10 & 43EMlJl D`{ /0/ o'�- I o � 41�i _ OflA� � ^ PLIOe•�k . —_ �: _. .""__' _. _ . _ ". _. -' _.. _.__"_ Sy �� lkasee Lk.TYW YaVSICe ftrd R<PMemm�s _ . _. .- _. . ".__�__. .. . . . ""_ __ _ , C. papyy�y (` Lirf�� (` Un�hil � qdectFwltQ AAN('JON.COHNE .� ? �Sbee1T. �� ;AMVm.CCbifmmHS � ; : StreC � 1 _ _ " OY^CM[ �� 1 � _ _ i 1 :utM r� lHf. �� r'""_""_"- "" iQY VML �LlmmdaYGmnMZ "�_. .. ._"_ '_ : 13Ya fl Yk .... %fOff : 003TOGO1rceR+erseetlM.CM , � ram3Rmat'mnkvv�.KSmsmae»vasr c� tic lY dr�q e�20.2 W 3 cdryleei _ �ObtCa�ct� Ion.MrAaevideMnalalrnvewroTm .. t�*srt!z3?cen ar I i�s nurosutsxc u�e � � � �sr r�e�':mvime�� es�i�"iixaim � mrs�c. s �+ mmn�s, wnvmos H xmun . . ._. __ . . T°Ug. ._. ""' ""__ " _' - " "_'" ""____"___'—�,'_._"_""""" "_ " �"' "�" ��___ """_ o�- /oi Liesrise Group CondlHOns Text Licensee: HEARTLANU AUTO SALESINC DBA HEARTLAND AUTO SA�ES Lfcense tl: lgggppp�ppg o�- /o� 09/08l2003 O6/04/2002 Zoning Fle #01-206-105, Approved by operetion of MN Stat 15.99 upon the advice of the City Attomeys Office - a modification of previously issued conditional use permi[ (ZOning Fle #99-013). Conditions of this pefmit 1. Applirant shall complete site improvements as specified on the attached June 2001 site plan. Variation of the site plan's speafiptions is not allowed witlwut prior written consent of the zoning admin�strator. 2. Subject to nortnal diy review and approvai of an accurately scaled site plan meeting the parldng layout and Iandscaping requirements of the Zoning Code §62104, the si[e plan may be revised for striping of paiicing spaces on the lot for up to 37 total vehicles to be parked on the lot, including up to 37 parking spaces for vehicles for sale and az least 6 parking spaces reserved for empioyees and customers, of which ai least 3 shall he designated as customer parlting and 1 as handicapped paridng. 3. Except for up to 3 empfoyee parking spaces, parking spaces shail be designed to avoid use of the alley as a manewering Iane per requirements in §62.t04(7) and (9) of the Zoning Code. 4. The building shall be painted and maiMained in good condition. 5. Retail auto repair is prohibited. The indoor repair bays may only be used for minor repairs in preparetion of vehicles for sale. 6. Vehicles intended for sale shall not 6e parked on any street or projec[ into a public righbof-way. 7. ticensee must comply with alt fedeml, state and tocal taves. 8. All signs must contortn to standards in Chapter 66 Signs of the Zoning Code. 9. Lighting on the site shall confortn to the standards in §62.110 of the Zoning Code. " 10. Hours of operation shall 6e wittiin the hours of 9:00 a.m. to 7:00 p.m. Monday fhru Friday and 9:00 a.m. to 6:00 p.m. on Saturday. 11. All conditions listed above shaU be met by November 15, 2002. Compliance with these conditions must be certified by the zoning administrator no later than November 30, 2002. Failure to obtain zoning administrator certification of compliance wffh these conditlons by November 30, 2002, shall render this pertnit nu�l and void. License Group Canditions Text Licensee: HEARTLAND AUTO SALES INC �BA� HEARTLAND AUTO SALES License #: 7999000'1008 d�- lol 08I2012003 O6/0412002 Zoning File ti01-206-105, Approved by operation of MN Stat � 5.99 upon the advice of the Ciry Attome�s Office - a modification of previously issued conditionai use pertnft (Zoning Fie #99-0'13). Conditions of this permit: 1. Appiirant shall complete site improvements as spedfied on the attached June 200'1 site plan. Variation of the site plan's spedfirations is not allowed without priorwritten consent of the zoning administrator. 2. Subject to nortnal city review and approval of an accurately scaled site plan meeting the parking layout and landscaping requirements of the Zoning Code §62'I04, ihe site plan may he revised for striping of parking spaces on the fot for up to 37 total vehiGes to be packed on the loi, including up to 31 parking spaces for vehiGes for sale and at least 6 parlting spaces reserved for employees and cusTOmers, of which at least 3 shall be designated as customer paricing and 1 as handicapped parlting. 3. Ercept for up to 3 employee parking spaces, parking spaces shall be designed to avoid use of ihe alley as a maneuvering lane per requirements in §62.t04[/) and (9) of the Zoning Code. 4. The buiiding shall be painted and maintained in good condition. 5. Retail auto repair is prohi6ited. The indoor repair bays may only be used for minor repairs in preparation of vehicles for sale. 6. VehiGes intended for sale shall not be parked on any street or project into a public righFof-way. 7. Licensee must comply with all federal, state and Iocal laws. &. All signs must conform to standards in Chapter 66 Signs of the Zoning Code. 9. Lighting on the site shall confortn to the standards in §62.110 of the Zoning Code. 10. Hours of operation.shall be wiihin the hours of 9:00 a.m. to 7:00 p.m. Monday thru Friday and 9:00 a.m. to 6:00 p.m. on Saturclay. 1'I. All conditions listed above shall be met by November 15, 2002. Compliance with these conditions must be certified by the zoning adminisirator no later than November 30, 2002. Failure to obtain zoning administrator certification of compliance with these condiGons by November 30, 2002, shall render this pertnit null and void. �1 zo� � 03 . (� `"� C¢�v 3 rncs.�c3-icQo.� - ., -��.orvr-e S�. -�-� �'' � �"°� � �!!,�-� �Q w� � (� � �` �� S yL�.l G�KJpI'S � d�o.�.�s . .�v��-�a � U �� m:�c�d�k.s- � �� ^^^�� ,,� 1Ar c�cl�. �--�--p � `�"".� .�' d�-�-� �� " - �r ' � �� , �j U February 19, 2�04 Don Luna, City Clerk 170 City Hall 15 West Kellogg Blvd. St. Paul, MN 55102 TELEPHONE:(672)347-7600 TTY�(612)347-7346 Os/-i// RECElVED FEB 2 0 2004 CITY CLERK RE: In the Matter of the Auto Repair Garage L'+cense held by Heartland Auto Sa4es, 4nc., d/b/a Heartland Auto Sales for the premises at 1236 Arcade Street, St. Paul, MN; OAH Docket No. 15-6020-15633-3 Dear Mr. Luna: i was notified by fetter dated February 18, 2004 from Tami Laughlin, Legal Assistant, that this matter has been resolved. Accordingly, f am closing our fi{e and returning the record to you. Sincerely, � �i�uZ�lti� �� CK. BEVERLY JONES HEYDINGER Administrative Law Judge Telephone: 612/341-7606 BJH:cr Encl. cc: Tami Laughfin Gary A. Van Cfeve d c.�.. :. `:J/.,: ^ S �� ' _. STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARIV GS 100 Washingto� Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 Providing Impartial Hearings for Government and Citizens An Equal Opportunity Empioyer Admmistrative Law Dims�on & Admmistrative Services Workers' Compeosation Hearings Diwsion Workers' Compensation Settlement Divis�on Facsimile. (612) 349-2665 Facsimile� (672) 349-2691 Facsimiie: (612) 349-2634 O�/�di OFFICE OF THE CITY ATTORNEY Manuel J. Cervantes, City Attorney . r� > 7�,C.- ' �� • � ;? r ,- CITY OF SAINT PAUL Randy C. Kelly, Mayor February 18, 2004 .;udge Beve:t-y Janes Hep3inger Office of Administrative Hearings 100 Washington Square Suite 1700 Minneapolis, MN 55401 ,� =:� c;s�tt�;s�an ,. , - : 400 Cky `3lall 7'elephone: 651 ?66-8710 y ��_„„�"„ : ;1,%WUtKelloggBlvd. Facsrmile:651298-i619 ` � v � �'dint-PauL Minnesota 55102 RE: Auto Repair Garage License held by Heartland Auto Sales, Inc., d/b/a Heartland Auto Sales for the premises at 1236 Arcade Street, Saint Paui, MN. License ID #19990001008 Dear 7udge Heydinger: Enclosed please find a copy of the Resolution passed by the Saint Paul City Council on February 4, 2004, memorializing the agreement between the parties in the above-referenced matter. You may go ahead and close your file on this matter. If you would like any additional information please feei free to contact me at (651) 266-8776. Sincerely, � �� 7��i�� 7 - ` Tami Laughlin Legal Assistant Enc. AA-ADA-EEO Employer OFFICE OF LICENSE, INSPECTIOYS AND ENVIRONMENTALP&OTECTIOY � � Jnneen E. Rasna Director CITY OF SAINT PAUL Rnndy C. Kel[y, hfn}�or � February 9, 2004 Nasseh Ghaffari Heartland Auto Sales Inc. 1236 Arcade Street Saint Paul, MN 55106 Dear Mr. Ghaffari: �� FE6 12 zuuti ti. ,��'( Enclosed is a copy of City Council Resolution 04-101 which suspends the Auto Repair Garage license issued to you by the City of Saint Paul for ten (10) days and imposes a$1,000.00 fine for the foilo�vin�: November 5, 2003 violation of condition on the license limiting the numbers of cars. The suspension �vas adopted by the Saint Paul City Council in final written form at the CounciPs regular meetin� on Febniary 4, 2004. Ho�vever, ten (10) days of the suspension and fi�e hundred dollars (�500.00) of the fine shall be stayed for a period of rivelve (12) months on the condition tliat 5500.00 of the fine Ue paid within thirty days of the passage of this resolution and there be no fiirther violations �vithin the rivelve month period. The effect of this notice is that a fine in the amount of ��OOAO is due for the above mentioned offense �vhich is payable no later than close of business (4:30 p.m.) on Friday, iVtarch 5, 2004. Please contact me 1t 266-9105 if you have any questions re�ardin� this matter. Sincerely, (�.,�,�a�.��, � �� Christine A. Rozek Depttty Director CAR/lab enclosure cc: Eastern District Commander-SPPD Janeen E. Rosas, Director-LIEP Tami Laughiin, Le�al Assistant Kris Schweinler, Senior License Inspector � t tli•:VJ LJ�°i;'��= J t ` LOWRYPROFESSIONALBUILD[VG � � " � ;�50 &.,Perer Srreer, Suiie 300 �Sni�tR��d, hfinnesota S�JO?-7i10 os/i�i Tefep/na�ir: 65/-?66-9090 Facsim i1e: 6i!-?66-9i?; {G'eb: rv�.}r.kep.xs NOTICE OF STAYED LICEYSE SUSPENSION AND IVIPOSITION OF FINE AA-ADA-EEO Employer d� ir'i OFFICE OF TfIE CITY ATTORNEY Manuel J. Cervrsmes, Ciry Attorney CITY OF SAINT PAUL "`: �y QVII DItitSIWt Rnndy C Ke11y, ,Nny�or ` 400 Citv Nn[I Zelephorse: 651266-87l0 - . /S Resi Kello,� Blvd. Facsimile: 651298-�619 � Sain¢ Paul, Minnesot¢ 55102 November 21, 2003 NOTICE OF AEARING Nasseh Ghaffari . .� ::t0 .. T.:C. �� y 1236 Arcade Street' Saint Paul, MN 55106 RE: Auto Repair Garage License held by Heartland Auto Sales, Inc. d/b/a Heartland Auto Sales for the premises at 1236 Arcade Street, Saint Paul License ID #: 19990001008 Dear Mr. Ghaffari: Please take notice that a hearing will be held at the following time, date and place conceming your license application identified above: Date: Tuesday, December 30, 2003 Time: 9:30 a.m. Place: Room 41 St Paul City Hali 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: Beverly Jones Heydinger Office of Administrative Hearings 100 Washington Square, Suite 1700 Minneapolis, MN. 55401 Telephone: 612-341-7606 AA-ADA-EEO Employer O�•i/i The Council of the City of Saint Paul has the authority to provide for hearings conceming license applications and for adverse action a�ainst such license applications, under Chapter 310, includin� sections 310.05 and 310.06, of the Saint Paul Legislative Code. Adverse action may include denial, revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against your license as follows: On August 20, 2003, a license inspector was at 1236 Arcade Street investigating a complaint that there were too many vehicles parked on the lot. The inspector counted 67 motor vehicles, three motorcycles and a motor home. There is a condition on the license which limits the number of vekicles on the lot to thirty- seven. The Office of LIEP wiil recommend a$1,000.00 fine and a 10-day suspension of your licenses. The 10-day suspension would be stayed for 18 months on the condition that there be no further violations during that 18 month period. You have the right to be represented by an attorney 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 ofMinnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislarive Code as may be applicable. At the hearing, the 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 attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attomey may cross-examine. The Administrative Law 7udge may in addition hear relevant and material testimony from persons not presented as wimesses 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 inierest i:. the outcome of rne proceeding. Conciuding ar�uments may be made by tne parties. Following the hearing, the Judge will prepare Findings ofFact, Conclusions ofLaw, 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. 5ubpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that this matter can be resolved or settled without a formal hearing, please contact or have your attorney contact the undersigned. If a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. Notice of Hearing - Page 2 d�i/i If you fail to appear at the hearin„ your ability to challenge the allegations will be forfeited and the alle�ations against you which have been stated earlier in this notice may be taken as true. If non- public data is received into evidence at the hearing, it maybecome 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, / ��'�''�- � ��f ttiz Virginia D. Palmer Assistant City Attomey cc: Diane Nordstrom, Office of Administrative Hearings, 100 Washin�on Square, Suite 1700, Mpls, MN 55401 Mary Erickson, Assistant Council Secretary, 310 City Hall Christine Rozek, Deputy Director of LIEP Community Organizer, Payne Phalen Dist. 5 Planning Council, 1014 Payne Ave., St. Paul, MN 55101-3933 Notice of Hearing - Page 3