06-1135Council File # (7 �
Green Sheet # o � 3�
RESOLUTION
CITY OF SA�PAUL, MINNESOTA �
Presented by
1 WI�REAS, on October 4, 2006, by Council File #06-926 the City Council adopted the adverse
2 action against all licenses held by J& K Auto Sales Auto Body, Inc., d/b/a J& K Auto Sales Auto Body
3(License ID#20040003802) for the premises located at 363 Atwater Street in Saint Paul; and
4
5 WHEREAS, the adverse acrion consisted ofthe imposition of a$1,500.00 fine for several
6 violafions of the conditions on the license; and
7
8 WI�EREAS, licensee was notified of Council's decision and the fine imposed by Imposition of
9 Fine letter dated October 10, 2006: and
10
11 WFIEREAS, licensee did not respond the Ixnposition of Fine to make the payment of the fine by the
12 November 3, 2006 deadline; and
13
14 WHEREAS, a Notice of Intent to Suspend Licenses was sent to the licensee requiring payment of
15 the fine by November 20, 2006; and
16
17 WHEREAS, licensee responded to the Notice of Intent to Suspend Licenses to request a public
18 hearing; now, therefore, be it
19
20 RESOLVED that J& K Auto Sales Auto Body, Inc., d/b(a J& K Auto Sales Auto Body is hereby
21 order to pay a fine of $1,500.00 imposed by Council far several violations of the conditions on the license;
22
23 This Resolution, and action taken above, is based upon facts contained in the November 7, 2006,
24 Notice of Intent to Suspend Licenses sent to the licensee and the arguments made at the Public Hearing on
25 December 20, 2006.
26
Requested by Deparhnent of:
Adopted by Council: Date /,����_
Adoption Certified by Coun il Secretary
BY� � ir : S �
Approved b� . Date ��� � �b !o
By: _
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♦
Porm ved , y City Att mey
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Form A ve b a r Su ' sion to Council
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
ob /l35'
LP _ — L�cens4rnspection/EmirwPrut
Contact Person & Phone:
Rachel GuMeisan
266-8770
Jrtust Be on Council Ageni
Doc. Type:
E-0ocumentRequired: Y
Document Contad: Julie Kraus
Contad Phone: 266
Dafe Iniliated:
2,.��� Green Sheet NO: 3034734
� veoa�unenc aenc � o recson
0 'o nviron Pro
Assign 1 " nse/In 'o nvu�onPro De artmentDirector
Number Z p�
For
Routing 3 a or•s ce a od is i
Order 4 un '
5 erk GS Clerk
Total # of Signature Pages _(Clip NI Locations for Signature)
Approval of ffie attached resolution to take advetse action against all licenses held by 7& K Auto Sales Auto Body, Inc., d(b(a 7& K
Auto Body Aufo Saies (License ID#200R0003802) for the premises located at 363 Atwater Street in Saint Paul.
Recom�nendatimis: Approle (A) or Reject (RY
Planning Commission
CIB Committee
_ _ _ CiNI Service Commission
Personal Service Contracts Must Mswer the
1. Has this persoNfinn e�er wo�iced under a contract for this departmeM?
Yes No
2. Has fhis persoNfirm e�er been a city employee?
Yes No
3. Does this persoNfinn possess a skNl not nwmafly possessed by arry
current city employee?
Yes No
Expiafn all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, Whak When, Where, Why):
Licensee failed to pay the $1,500.00 fine imposed by City Council (CF #06-926) for severai violations of the conditions on the license
the November 3, 2006 deadline. After no6fication, licensee iequested a public hearing.
Advantages HApproved:
Suspension of all licenses as recommended by the Office of LIEP.
Disadvantapes IfApproved:
None.
Disadvanfages If Not Approved:
Trensaction:
Fundinp Source:
CostlRevenue Budgeted:
�il�s±Yti,4 �; �
Financial Informatbn:
(Explain)
Activity Number:
� . i ��)1"'�
November 29, 2006 11:42 AM Page 1
D� //.��
CITY OF SAINT PAUL
Christopher B. Co7emmi, Mayor
OFFICE OF Tf�', CITY ATTORNEY
John J. Choi, CityAttorney
cry:zDN�on
400CiryHa11 Telephone:6A266-8710
li WestKe7loggBZvd Facsimi7e, 657298-5679
SaintPaut, Mvenesota SSIO2
NOTICE OF INTENT TO SUSPEND LICENSES
John Fox
J& K Auto Sales Auto Body
363 Atwater Street
St. Paul, MN 55117
RE: A11 licenses held by J& K Auto Sales Auto Body, Inc., d/b/a J& K Auto Sa1es Auto
Body for the premises located at 363 Atwater Street in Saint Paul.
License ID #: 20040003802
Dear Mr. Fox:
The Office of License, Inspections and Environmental Protection has recommended
suspension of all licenses held by J& K Auto Sa1es Auto Body, Inc., d/b/a J& K Auto Sales
Auto Bodp for the premises located at 363 Atwater Street in Saint Paul. The basis for the
recommendation is as follows:
On October 10, 2006, you were sent a letter from the Off"ice of License,
Inspections and Environmental Protection regarding the $1,500.00 fine
imposed by City Council (CF #06-92� at their October A, 2006, Council
Meeting.
You were given until November 3, 2006, to pay the fine. As of today's date,
that payment have not been received.
At this time, you haue three options on how to proceed:
You can pay the fine to the Office of License, Inspecfions and Environmental Protection
at 8 Fourth Street East, 5uite 200, St. Paul, Miu�esota 55101-1002 no later than Monday,
November 20, 2006. Information should be directed to the attenrion of Christine Rozek.
A self-addressed envelope is enclosed for your convenience. Payment of the fine will be
considered to be a waiver of the heariug to which you are entitled.
AA-ADA-EEO Employer.
O� y/3,�
7& K Auto Sales Auto Body
November 7, 2006
Page 2
2. If you wish to have a public hearing before the Saint Paul City Council, you will
need to send me a letter with a statement admitting the facts and requesting a
pubfic hearing. We will need to receive your letter by Monday, November 20,
2006. The matter will theu be scheduled before the City Council for a public
hearing to determine whether to suspend your licenses. You will have an
opportunity to appear before the Council and make a statement on your own
behalf.
3. If you no longer wish to do business in the City of Saint Pau1, you may send a
written statement to that effect to the Office of License, Inspections and
Environmental Protection, 8 Fourth Street East, Suite 200, St. Paui, Mituiesota
55101-1002 no later than Monday, November 20, 2006. Information should be
directed to the attention of Christine Rozek.
If you have not contacted me by that date, I will assume that you do not contest the
suspension of your licenses.
If you have quesflons about these options, please feel free to contact me at 266-8710.
Sincerely,
��
Rachel Gunder o
Assistant CiTy Attomey
cc: Christine Rozek, Deputy Directar of LIEP
John Fox, 2650 James Avenue North, Minneapolis, MN 554ll
AA-ADA-EEO Employer
OFFICE OF THE CITY ATTORNEY
John Chai, City A#orney
� //3a�
� CI 1 1 Ol' SL111V 1 PA V L Civil DNirion
Chr"utopher B. Calemtm, Mayor 400 City Hall Telephone: 657 266-8710
ISY7estKeZloggBZvd F¢csimiZe:651298-5619
Saini Pau1, Mi�mesata 55102
�r
November 22, 2006
NOTICE OF COUNCII. HEARING
John Fox
J& K Auto Sales Auto Body
363 Atwater Street
St. Paul, MN 55117
:ZE: All I:censes keid by J&� Anto Sales Anio Body,. Inc., 2,/b/a J& i{ Auio 5ales Au4o Body ior tne
premises located at 363 Atwater Street in Saint Paul
LicenseID #20040003802
Dear Mr. Fox:
Please take nofice that this matter has been set on the Public Hea.ring Agenda for the City Council meeting
scheduled for Wednesday, December 20, 2006, at 5:30 p.m., in the City Council Chambers, Third Floor, Saint Paul City
Hall and Ramsey County Courthouse.
Enclosed aze copies of the proposed resolution and other documents which will be presented to the City Council
for their consideration. This is an uncontested matter concerning the non-payment of the $1,500.00 fine imposed by
Council on October 4, 2006 (CF #06-926) for several violations of the conditions on tha license. This matter has been
placed on the public heazing agenda portion of the City Council meeting during which public discussion is allowed. The
recommendation of the licensing office is suspension of all licenses.
If there is anv information you would like City Council to review prior to the public hearing I will need to
receive rt no later than Mondav December 11 2006
Very truly yours,
,/ 1/�" v`^�
U
Rachel Gunderso
Assistant City Attorney
cc: � hristine Rozek, Deputy Director of LIEP
ary Erickson, Assistant Council Secretary, 310 CiTy Hall
John Fox, 2650 James Avenue North, Minneapolis, MN 55411
A.4-ADA-EEO Employer
�K
Licensee Name:
Address:
Council Date:
UNCONTESTED LICENSE MATTER
J& K Auto Sales Auto Body
363 Atwater Street , St. Paul, MN 55117
Wednesday, December 20, 2006 @ 5:30 p.m.
Violation: Licensee failed to pay the $1,500.00 fine imposed by
City Council (CF #06-92� for several violations of the
conditions on the license by the November 3, 2006
deadline.
Dates of Violation: November 4, 2006
Recommendation of Assistant City Attorney on behalf of client, Office of
License, Inspections and Environmental Protection:
Suspension of all licenses
Attachments:
1.
2.
3.
4.
5.
6.
Proposed resolution
Imposition of Fine letter from LIEP dated 10/10/06
Resolution imposing the $1,500.00 fine dated 10/04/06
License Group Comments from ECLIPS dated ll/06l06
Notice of Intent to Suspend Licenses with Affadavit of Service
dated 11/07/06
Letter from licensee requesting a public hearing dated 11/17/06
C�G-l/3s
OFFiCE OF LICENSE, INSPECTIONS AND
Ei iV7RONMENI'AL PROTECTION
Bob Kessler, Director
CITY OF SAINT PAUL
Chris[opher B. Coleman. Mayor
October 10, 2006
John Pox
COMMERCE BUILD/NG
8 Fowlh St E, Suite?00
Samf Paul Miro-euom SSI01-1024
IMTPOSITION OF FIlVE
Tetephone: 651-26690fl0
Facrimile: 651-266-9l24
Web: iviv�v.liep.zrs
� �
J& K Auto Sales Auto Body Inc.
363 Atwater Street
Saint Paul, MN 55117
Deaz Mr. Fox:
�u7 '_ � Z��S
���� �������
Enclosed is a copy of City Council Resolution Number 06-926 which imposes a
fine for the foliowing:
Several violations of the condltions on the license.
The fine was approved and ardered by the Saint Paul City Council in fmal written
form at the Council's regular meeting on October 4, 2006.
The effect of this notice is a fine in the amount of $1,5��.00 is due for the above
mentioned offense which is payable no later than the close of business (430 p.m.)
on Friday, November 3, 2006. '
Please call me at 651 266-9108 if you have questions regarding this matter.
Sincerely,
`��-� � ��
Christine A. Rozek
Deputy Director
CAR/lab
enciosure
cc: Central District Commander-SPPD
Bob Kessier, Director-LIEP
Julie Kraus, Legal Assistant
Kris Schweinler, Senior License Inspector
.4A-ADA-EEO Empbyer
OCT-10-2006 11�04
r�g��
CITY OF SAINT PAUL
651 266 8574 P.02/92
Green Sheet # -'�� I
�C t= O 5 — `j �--�
RE50LUTION
OP SAENT PAUL, MINNESOTA
D(G�113� �S
2 WFIEREAS, adverse action was taken against all the Iicenses held by J& K Auto 3a1es Auto Body,
3. Inc., d16/a 3& K Auto Sales Amo Iiody (License ll7 #200400�3802) for the premises lvca#ed at 363
4 Atwater Street in Saint Paul, by Notice of Violation dated August 10, 2006, alleging Iicensee violated
5 several conditiens of his license; and
8
9
IO
11
J.2
13
14
IS
16
17
18
19
20
WHEItEAS, The Office of License, Inspections and Environmental protection has recommended a
$1,500.00 fine; and
WI�REAS, the licensee bas not contested the allegations; now, therefore be it
IZESOLVED that 7& K Auto �ales Auto Body, Inc., d/b/a 7& K Auto Sales Auto Body is liezeby
order to pay a£'me of $1,500.00 for violating several conditions of the Jicense. Payment of fine shall be
made witlun tbirty days of the date o�the adoption of this resolution.
This Resolution, and aciion taken above, is based ttpon facts eontained in the August 10, 2006,
Not3ce af Violation sent to the Iicens�e and thc aro �ments xnade atthe Public Heazang on October 4, 2006.
Requested by Depa�#ment of
�! ' �
:
Adoption Cexified by Coun il Seczetary
By: �
Appmved by M atc �(�.. � rp
By:
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TOTRL P.02
Adapted by Council: Date /p:�s�! ap��
License Group Comments Text
Licensze: � g K AUTO SALES AUTO BODY INC
�BA� J 8 K AUTO SALES AUTO BODY
License #: yp040003802
11(O6l2006
G� //3,�
11l03l2006 Fine not paid. To CAO for license saspension. CAR
10/�2/2006 Sent fine letter ($�,50� due 1'1/3/06). LAB
OS/10/2006 CAO sent No6ce of Uolation for fiailure to adhere to license conditions; second violation - recommended fine is S'I,500; deadline to respond is
8/27/�6. RS
OS/09/2006 Withdrawn auto repair garage lic app per John Fox writfen request CAR ok'd �00°/, refund. qr/cat
OS/08/2007 Licensee agreed to hours of operation wnditions at a legislative hearing for the auto repair license. Licensee also agreed withdraw the auto
repair license and will not be eligible to apply again unfil the property has 6een in cAmpliancz with all license conditions for at teast 6 months. CAR
08/07/2006 To CAO for adverse action. LIEP recommends a$'I500 penairy. CAR
OS/02/2006 Property has 20 cars on tfie lot. KS.
07/24/2006 15 cars on lot - in compliance. Property has some outdoor trash sto2ge. CAR
06/27l2006 signed condition affidavit rcvd. cat
06/19/2006 Nofifications sent, response date 07/21/2006; 50M and 33EM.gb
06/19/20061ic conditions changed to reflect the new auto repair garage app rcvd. Conditlon #8. General auto repair is not pertnitted. Omitted so that
neighborhood notification can be sent out and a condition affidavit printed. car/cat
04/�4/2006 Rcvd $1,000.00 for fine. AMW
03/2�/2006 Sent Fine Lefter ($1,000 due 4/14/O6). LAB
03/15/2006 Co�ncif Resolution CF OG276 impased a fine of $1,000 on licensee fior license condiBons violaHOns; payment must be made within 30 days of
the resolution adoption. RS
02/23/2006 CAO sent Notice of Council Hearing for Wed., Mar. 15, 2006 in City Council Chambers. RS
02/13l20�6 CAO sent Notice of Vio�ation for violaGon of several license conditions, including too many vehicles parked on the lot, exterior storege of
vehicie parts & vehicles parked in rthe driveway; recommended penalty is a$1,000 fine; deadline to respond is 2/24/06. RS
01/25/2006 Reinspec6on indirates 20 cars on the lot - 17 are permitted. CAR
01 /24/2006 To CAO for adverse action. Recommendafion is for $1000 fine based on the number of violations and monitoring required by the City. CAR
1/19/2006 sent letter of violation.KS
7/11l2006 20 veh. in lot � truck topper along side of bldg, engine bbck in back of pickup.t/12/2006 iwo cars were parked in the driveway blocking entrance
to the property.Condition #1 limits vehicles on lot to 17 totai. Condition #3 clearly indicates that ouWoor storage of parts is not permitted.Gondition #4 dces
not allow vehicles to be parked in the driverway or public right of way. KS
OS/30/2005 In compliance per inspecfion by KS. OS/29/2005 Temp dealer # received and recorded. CAR
08/25/2005 KS and CAR met with John Fox. Mr. Fox clearly understands that he can have only 17 cars total on the lot and that the expectation is that he
will remain in compiiance without constant monitoring by the City. Site is in compliance at this time. Mr. Fox has a temp dealer number and will submit that
to LIEP next week. The site manager, Mr. Yang is gone and Nang is now the manager. CAR
OS/18/2005 Because zoning gave Mr. Fox until 8/17{2005 to comply, and because a subsequent inspection on 1/18/2005 indicated compliance, the
adverse action against Mr. Fox has been dropped. CAR
8/18/2005 in compliance 10 cars on lot no junk laying around dumpster full and all car being worked on inside KS.
OS/10/2005 Zoning has signed off on zoning portion of state dealer number applicatlon. Licensee is to take application to the state.CAR
o8/'1�I2005 YaYa Diatta, Zoning, refnspected properiy and detertnined that outdoor storage has been removed. CAR
OS/05/2005 Licensee came in to have zoning sign off on state dealer number application. Zoning is holding to determine compliance with orders to clean
property. LIEP sent letter that sales must discontinue until a dealer number(or temporary number) is issued. CAR
08/04/2005 To CAO for adverse action. LIEP recomends art upward departure £rom fhe penalty matrix because of the number of violations and condition of
the property. LIEP recommends a$1000 fine and immediate closure until the property is brought into compliance. Licensee will not be able to reopen until
all conditions are met and LIEP has inspected and given written permisssion to reopen. Licensee understands that further violations could result in a
closure or revocatioa CAR
OS/02/2005 letter sent to licensee regarding req dlr #. Response deadline 08/15/2005. cadcat
07/28/2005 Letter sent to licensee as a result of 07/12/2005 inspection. Letter indicates file wili be referred to the city attorney for adverse action. CAR
07/27/2005 Zoning enforcement notice sent by Ya Ya Diatta. YA YA observed junk vehicles and parts stored outside, no customedemployee parking
spaces on July 13, 2005. Given to 08l17/2005 to comply. CAR
07/26l2005 per email from Marc.Pellefier@state.mn.us 2:1824 PM - I ran the name of the firm against our data base. There is no reference to any firm , in
the City of St. Paul, under the name of J& K Auto Sales. Unless he applied for a state license under another name, which is passible, he does not appear
to be be in compfiance v�i�th item # �3 not to menfion Chapter 168. He ,Mr. Fox would be best advised to contact us so as to avoid any problems"
07/12/2005 Inspected by KS because of a complaint and reinspection of documented OS/20/2005 viola6ons. KS noted 26 vehicles on lot(Condition #1
allows 12), exterior storage(Condition#3), junk all over the p�operty(Condition #i3), inoperable vehicles with major pads missing (Condition #6), vehicles on
tow trucks are parked in the right of way (Condition #5) , vehic�e being worked on outside (condition #9). 5i20/05 Sent letter of violaflon K5.
5/20/05 Reinspected and took pictures. Letter describing 05/19/2005 violations. Counted 20 cars inside lot ,employee dropped on on street from flat bed,
that car was left in the street not able to drive it into tot. Flat bed was then parked on Arivater across Western. Taiked to employee Yia and told him that (
would be sending letter about violations. went through lot and ezplained the violations. Given to OSl31/2005 fo comply. KS
05/79/OS Reinspected per 05/04/2005 verbal orders from JJH. Took pic. of lot and veh. saw one male park his car on street and walk into iicense premisis.
Busses had hard tlme dropping off kid af the corner. No manuv. space inside lot. Appeared not to be in compliance. Letter to follow. KS.
OS/04/2005- Inspected property, observed 29 vehicles for repair(can't have more than 12j, �one displayed for sale. tssued verbal ocders to Yia to bcing m
to compliance in one week.(5/12/OS)JJH.
04/06/2005 Council passed resolution (CF 05-277) adding conditions "14 through 16 to J&K's licenses. Properfy is in compliance at the time of license
issuance. RS/CAR
03i25/05 recd. ins for barb wire fenceKS.
03l2R/2005 Original application dates were 7!2/04 to 7/02/05, licensee has not been operating; therefore, the effective & expiration dates have been
chan9ed to 3/23/OS to 3/23/06 per CAR. LAB
03717f2004 Inspectrion by CR - all cars removed and bosiness is not operating. LIEP will oot be moving fonvard with the adverse action. CAR
03/15/2005 25 vehicles on the Iot - not in compliance at this time. Jeff Hawkins called after this inspectlon by KS and reinforced the fact that a license has
not bee� issued and all vehicles must be removed.CAR
Q3l�9l20�5 ResoluHOn OSt53 approving the pending licenses with conditions is laid over to 03f23t2005. CAR
3/8/OS 5 cars on fhe lot no operation at this time. KS.
3/2/O5 met with John Fox he signed cond. still waiting for a lease agreement and ins. for barb wire fence. He faxed 2 pages of lease agreement and some
form letter for ins neither one are acceptable. KS.
02/23/2004 Resoiution 05-153 introduced to approve license witfi condifions but was laid over until 03/09/2005. CAR
02/17/2005 movino cars off lat with tow truck KS.
h�V 17 03:28P FROM:FOX SERUICE CO 612588775�0 T0:6512669124 � ✓ 1I�1�1
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STATE OF MINNESOTA) Cla ��,3 S
) ss. AFFIDAVIT OF SERVICE BY U.S. MA�,
COIJNTY OF RAMSEY )
JITLIE KRAUS, being first duly swom, deposes and says that on November 7, 2006, she
served the attached NOTICE OF IN'TENT TO SUSPEND LICENSES by placing a true and
conect copy thereof in an envelope addressed as follows:
John Fox
3& K Auto Sales Auto Body
363 Atwater Street
St. Paul, MN 55117
John Fox
2650 3ames Avenue North
Minneapolis, MN 55411
(which is the last known address of said person) depositing the same, with postage prepaid, in
the United States mail at St. Paul, Minnesota.
�
1.,�.�,(,�.-/
Julie Kraus
Subscribed and sworn to before me
this 7�' day of November, 2006
` �� `���_��
No ary Public
RITA M. BOSSARD
NOTARY PUBIIC-MINt�SOTA
MY COMMISSIaJ
EXPIRES JAN. 31, 20 t 0