06-276Council File # V `� � �� �
Green Sheet #.:l�rJ. I O lJ �
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Presented By
Referred To
Committee: Date
4S
1 WHEREAS, adverse acrion was initiated against the Second Hand Dealer - Motor
2 Vehicle and Auto Body Repair/Painting licenses held by J& K Auto Sales Auto Body, Inc.,
3 d/b/a J& K Auto Sales Auto Body (License ID#20040003802) for the premises located at 363
4 Atwater Street in Saint Paul, by Notice of Violation, dated February 13, 2006, alleging violations
5 to the conditions of his licenses on January 11, 2006; January 12, 2006; and January 25, 2006;
6 and
WHEREAS, the Office of License, Inspections and Environmental Protection has
recommended a$1,000 fine due to the number of violations; and
10
11
12
13
14
15
16
17
18
19
20
WHEREAS, the licensee has not contested the allegations; now, therefore be it
RESOLVED, that J& K Auto Sales Auto Body, Inc., d/b/a J& K Auto Sales Auto Body
is hereby ordered to pay a fine in the amount of $1,000.00 for violations to the conditions of his
licenses on January 11, 2006; January 12, 2006 and January 25, 2006. Payment of fine shall be
made within thirty days of the date of the adoption of ttus resolution.
This Resolution, and the action taken above, are based upon the facts contained in the
February 13, 2006, Notice of Violation sent to the licensee and the arguments made at the Public
Hearing on March 15, 2006.
Requested by Department of:
Adoption Certified by Council Secretary
By: .// /lf /�i�
Approved by a Date �'�'�- �(�
BY: _ ��`L[XAl'v"' �„"Y
BY: ��..�.� � �i�
Form zapproved by City attorney
BY� 7 �Li.l4X �
Appr ve y ayor for Submission to Council
By: �
Adopted by Council: Date ///iiJ/l /S��d�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
LP ��seJlnspectian/Environ Prot
Conqct Person 8. Phone:
Rachel Gunderson
266-8710
Date Initiated: �� J �� �
2�-FEB-06 Green Sheet NO: 3029809
� Deoartment Sent To Person InitiaVDate
0 icens n ecfion/Envir n Pro
ASSign 1 icenselln ection/EnvironPro De arhnentDireMOr
Number Z
For
Routing 3 or's Office Ma or/Assistant
Order 4 ouncil
5 ' Clerk � Ci erk
Totai # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approval of the attached resolution to take adverse ac5on against the Second Hand Dealer - Motor Velucle and Auto Body
Repair/Painting Shop licenses held by J& K Auto Sales Auto Body, Inc., d/b/a 7& K Auto Sales Auto Boby (License ID
#20040003802) for the premises located at 363 Atwater Sheet in Saint Paul.
idations: Approve (A) or Rejed (R):
Planning Commission
CIB Committee
Civil Service Commission
Service Contrects Must Mswer
1. Has this person/firm ever worked under a contract for this departmenY?
_ Yes No
2. Has this person/firtn ever been a city employee?
Yes No
3. Does this person/firm possess a skill not nortnally possessed by any
current city employee?
Yes No
Ezplain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Wh»:
Licensee had four (4) violations to the conditions of lus license in the month of 7anuary. After notification, licensee requested a Public
Hearing before City Council.
AdvantagesifApproved: '
$1,000 Fine imposed as recommended by the Office of LIEP.
Disadvantages If Approved:
None.
FEB 2 7 2006
Disadvantages If Not Approved:
Transaction:
Funding Source:
Cosf/Revenue Budgeted:
Activity Number.
Fi nancial Information:
(F�cplain)
CITY OF SAINT PAUL
Chrisiopher B. Colemaq Mayor
February 23, 2006
OFFICE OF THE CITY ATTORNEY ���
Jahn Choi, City Attorney D � '
Civil Division
400CiryHa11 Te[ephone:651266-87I0
ISWutKelToggBlvd Facsimile:651298-5619
SainfPmel, Minnesofa SA02
NOTICE OF COUNCII. HEARING
Owner/Manager
7& K Auto Sales Auto Body
363 Atwater Street
St. Paul, MN 55117
RE: Second Hand Dealer - Motor Vehicle and Auto Body Repair/Painting Shop licenses held by J& K Auto
Sales Auto Body, Inc., d/b/a J& K Auto Sales Auto Body far the premises located at 363 Atwater Street
in Saint Paul.
LicenseID #20040003802
Dear Sir/Madun:
Please take notice that this matter has been set on the Public Hearing Agenda for Yhe City Council meeting scheduled
for 5:30 p.m., Wednesday, March 15, 2006, 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 conceming the fine imposed due to the numerous violations of the
conditions of your lieenses . This matter has been placed on the public hearing agenda portion of the City Council
meeting, during which public discussion is allowed. The recommendation of the licensing office is $1,000 fine.
If there is anv infornnation vou would like Citv Council to review nrior to the public hearin¢ I will need to
receive it no later than Tuesday. March 7 2006
If you have any quesrions please feel free to contact me at 266-8710.
Very truly yours,
�� �
Rachel Gunderson
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LIEP
Mary Erickson, Assistant Council Secretary, 310 City Hall
John Fox, 2650 James Avenue North, Minneapolis, MN 55411
AA-ADA-EEO Emplayer
UNCONTESTED LICENSE MATTER
Licensee Name:
Address:
Council Date
J& K Auto Sales Auto Body
363 Atwater Street, St. Paul, MN 55117
Wednesday, March 15, 2006 @ 5:30 p.m.
��,���
Violation: Four (4) violations to conditions of the license with
regard to number of cars parked, exterior storage and
vehicles park in the driveway.
Dates of Violations: Two (2) January 11, 2006; One (1) January 12, 2006
and One (1) January 25, 2006.
Recommendation of Assistant City Attorney on behalf of client, Office of
License, Inspections and Environmental Protection:
$1,000 Fine
Attachments:
1. Proposed resolution
2. Copy of license conditions signed by licensee dated 12/7/04
3. Copy of Inspector's Report Dated 1/11/06
4. Copy of Written Notification of License Violation dated 1/19/06
5. Copy of Inspector's Report date 1/25/06
6. Copy of license conditions from ECLIPS screen dated 1/27/06
7. Copy of Notice of Violation with Affidavit of Service dated 2/13/06
8. Copy of letter from licensee requesting a public hearing dated 2/19/06
�
sairr
PAVL
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A�
ClTY OF SAlNT PAUL
Randy C. Kelfy, Mayor
�
OFFtCc OF LICENSE, INSPEC710NS ANl1
ENVtRONMENTALPROTECTSON
Jarteen E Rosas, �rteCCr
WebSdeAddr�u wvnv.Lep.us
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LOWRYPROFESSIONALBUlLD11J6 7e��,chppe-(E+511266sDYJ
Srufe 300 Farsrmife: 1651) 2sS9098
" ' 350SLPeferSbeP1 (5it)2669124
SairRPau/, �nnemta S5f02-15fo
G agcee to the foitowing condi5ons being placed on the following iicense(s):
License #: 20040003802
Type of Business: Auto Body RepaidPainting Shop
Second Hand Deaier - Mofor Vehicle
Appiied for by: J& KAUTO SALES AUTO BODY INC
Doing Business As: J& K AUTO SALES AUTO BODY
at:
363 ATWATE}? ST
ST PAUL MN 55117
Conditions are as follows:
1. The number of vehicies for safe displayed outdoors shaff not exceed iwelve(12), as shown on the
approved site pian on file in LIEP.
2. Customer and employee vehicles sfiall not excee8 five(5) and must be parked in the area
designated on the LfEP approved site plan. Customer or employee vehides shall not be parked or.
stored in the alley.
3. There shali be no exterior storage of vehicle parts, tires, oif or any other similar materials
associated with the business. Trash wiil be stored in a covered dumpster.
4. At no time shali vehicles be parked in the driveway or in fhe public right-of-way.
5. Cars for sale shali not be parked on the street or pubiic right-of-way.
6. AI( vehicles parked outdoors must appear to be comp(etely assembled wifh no major body parts
missing.
7. Vehicle saivage is noi permined.
8. General aufo repair is nof perrnitted.
9. No body repair of vehicles may occur on the exterior of the lof or in the public righf-of-way. Ail
repairwork must occurwithin an enciosed buiiding.
10. Vehicles awaiting repair may not be parked or stored in the adjacent alley:
11. Customer vehictes may not be parked longer than 10 days on the premises. it sfiall be the
responsibility of the licensee fo ensure that any vehicle noY c(aimed by its owner is removed from the
lot as permitted by law.
12. Provide maneuvering space on the property to allow vehicies entering and exifing the site to
proceed forward. Backing from the street or on fo the street is prohibited.
13. Licensee must comply wifh a!i federal, state and locaf laws.
14. This license will be revie�d six(6) monfhs from December 7th 2004.
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Date
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Iasaesior's I2eaor
Insgecsor's Naaze: �i`l5 �{;� ,`�_
Date: �' t r � U�
Business/Pmpe;ryaame
�ae:tY Address: _
Reason for Visir
Observations:
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Photos Taken: v� t,,.. +:,. F_t
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A �°n T��: ____ Citation
_ Wazning
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Derails of Conversations (stazements t� �d byp�oB ��ibie for property);
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� � OFPICE OF LICENSE, �!CTIONS AND ` ��
- ENVIl20NMENTAL PROTECTiON � \ n�
Bob Kus7er, Diredor �
CITY OF SAINT' PAUL
Christopher B. Colemmi, Mayor
COMDgJRCEBL7ILDItVG Telephone:
SFawthSbeetEast,SuUe200 Facstm:le:
St Pau1, Mirmesota »701-1024 . Pleb:
Written Notification of License Violation
January 19, 2006
J& K Auto Body Inc:
363 Atwater St.
St. Paul, Mn. 55117
Deaz Sir,
651-266-9090
657-266-9124
vnv�v.liep.us
On January 11, 2006 I inspected your license facility and found that the property is out of compliance
with the conditions of your license. At the time of my inspection there were 20 vehicles on the
property. This is a violation of conditaon number 1. Also there was a pickup topper along side the .
building. This is a violation of condition number'3. .
On January 12, 2006 I drove by your address with my supervisor and there were again the same 20
vehicles along with 2 others that were pazked on the publio right of way blocking the entrance into the
lot of your facility. This is a violation of 12.
I advise you to bring your facility into compliance immediately. This matter will be forwarded to the
ity attomey for review.
��--- �c�.�..�.-�
Knstina Schweinler
Sr. License Inspector
C. Cluistine Rozek, Deputy Director
7eff Hawkins, LTEP Inspector IIU Zoning
Rachel Gunderson, Asst. City Ariy.
AA-ADA-EEO Employer
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Lnsnes�r's ReQOr
7nsgector's �Tame_ ��n� ��,. �
�ate: ���� �v4�
�usinesslPrope:tyaame: _ � � � �,-,�t�
Property Address: �� 1�----
Reason for V'�sit: � ,cc�,. _ .� , � ae „ r-.f _
Obsexvafions:
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Pk�otos Tair� y�, ?eczti� �fg��*,.os
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Aciion Taken: Citation
_ Warning
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Det�aiis of Conversations (statements to and by pezson responsible for gropesty);
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'License'Geoup Conditions Text � �� 01@7l2006
Licensee: � g K AUTO SALES AUTO BODY INC
�BA� J& K AUTO SALES AUTO BODY
License #: 20040003802
��'�
1. The number of vehicles for sale displayed outdoors may not exceed hvelve (�2), as shown on the approved site plan on file in LIEP.
2. All customer and employee vehicles must be parked in fhe area designated on the LIEP approved site plan. Employee vehicles may not be parked or
stored in the alley. There should be five (5) parking spaces for customers and employees_
3. There shall be no exterior storage of vehicle parts, tires, oil, or any other similar materials associated with the business. Trash will be stored in a
covered dumpster.
4. At no time shall vehicles be parked in the drivevray or in the public rightvf-way.
5. Cars for sale shall not be parked on the street or public right-of-way.
6. All vehiGes parked outdoors must appear to be completely assembled wifh no major body parts missing.
7. Vehicle salvage is not pertnitted.
8. Generel auto repair is not permitted. _
9. No body repair of vehiGes may occur on the exterior ot the lot or in the public right-of-way. All repair work must occurwithin an enclosed building.
10. Vehicles awaiting repair may not be parked or stored in the adjacent alley.
11. Customer vehiGes may not be parked Ionger than ten (10) days on the premises. It shall be the responsibility of the licensee to ensure that any
vehicle not claimed by its owner is removed from the lot as permitted by law.
12. Provide maneuvering space on the property to allow vehicles entering and exiting the site to proceed forward. Backing from the street or on to the
street is prohibited.
13. Licensee must comply with all federal, state and local laws.
14. The licensee and property owner will endeavor to make property improvements in accordance with the Rice Street design guidelines.
15. Licensee will be in compliance with all conditions prior to opening. A LIEP inspector will provide written authorization to open when compliance is
achieved.
16. The license wili be reviewed for compliance with these conditions every six months. Failure to remain in compliance will result in adverse action
against the licensee.
� � ������
OFFICE OF THE CITY ATTORNEY
.7ofin J Choi, CityAttamey
CITY OF SA- .INT PAUL cN,tD;,,;.�on
G7vistapher B. Colemm�, Mayar 400 CityHatl Tetephone: 651266-87I0
ISYYestKeIIoX,¢Blvd FacsinziZe:65I298-5619
SaintPaul, Minnesota SSIO2
i
February 13, 2006
NOTICE OF VIOLATION
OwnerlManager
7& K Auto Sales Auto Body
363 Atwater Sireet
St. Pau1, MN 55117
RE: Second Hand Dealer - Motor Velucle and Auto Body Repair/Paintyng Shop licenses held
by J& K Auto Sales Auto Body, Inc., d/b/a T& K Auto Sales Auto Body for premises
located at 363 Atwater Street in Saint Paul
License ID # 20040003802
Deaz Siiu/Madam:
Tne �iffice oi License Inspecfions and Environmentai rroiection fias recommended tne
imposition of a fine against the Second Hand Dealer - Motox Vehicle and Auto Body
Repair/Painting Shop licenses held by J& K Auto Sales Auto Body, Inc., d/b/a J& K Auto
Sales Auto Body for premises located at 363 Atwater Street in Saint Paul. The basis for the
recommendation is as follows:
Based on inspections performed b.y the Office of License, Inspection and Environmental
Protection in January 2006, the following conditions of your license were violated:
Condition #1- The nnmber of velucles. for sale displayed outdoors shall not
ezceed twelve (12), as shown on the approved site plan on file in LIEP and
Condition #2 - Castomer and employee vehicles shall not esceed �ive (5 ) and
must be parked in the area designated on the LIEP approved site plan.
On January 11, 2006 and January 25, 2006 there were 20 cars parked
on the lot when only a ma%imum of 17 are permitted.
Condifion #3 - There shall be no exterior stora¢e of vehicle parts, tires, ofl or
any other similar materials associated with the business.
On January 11, 2006, there was a truck topper along the side of the
building and an engsne blocl. in back of a pickup.
�-� �' z��
J& K Auto Sales Auto Body �� -
February 13, 2006
Page 2
Condition #4 - At no time shall vehicles be parked in the driveway or in the
pnblic right-of-way.
On January 12, 2006, two cars were parked in the driveway blocking
the entrance to fhe property.
Due to the numerous violations of the conditions of your license within the month of
January, the licensing office will recoxnmend a$1,000 fine.
At this time you have three options on how to proceed:
1. You can pay the recommended $1,000 fine. If this is your choice, you should make
payment directly to the Office of License, Inspections and Environmental Protection, at 8
Fourth Street East, Suite 200, St. Paul, Minnesota 55101-1002 no later than Friday,
February 24, 2006. Infoxmation shouid be directed to the attention 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 hearing to which you aze enfitled.
2. If wish to ha�e a public hearing before the Saint Paul City Council, you will need ta send
me a letter with a statement admitting the facts and requesting a public hearing. We will
need to receive your letter by Friday, February 24, 2006 . The matter will then be
scheduled before the City Council for a public hearing to determine whether to impose
the fine. You will haue an opportunity to appear before the Council and make a statement
on your own behalf:
3. If you dispute the above facts, you can request a hearing before an Admiuistrative Law
Judge. At that hearing both you and the City will be able to appear and present witnesses,
evidence and cross-examine the other's witnesses. The St. Paul City Council will
ultixnately decide the case. If tlus is your choice, please advise me by Friday, February
24, 2006 and I will take the necessary steps to schedule the adiuiuistrative hearing.
If I have not heard from yon by tkat date, I will assume that yon do not contest the
imposition of the fine.
If you have any questions, please feel free to contact me at (651) 266-8710.
Sincerely,
���' � " �
Rachel Gunderson
Assistant City Attomey
cc: Christine Rozek, Deputy Director of LIEP
John Fox, 2650 7ames Avenue North, Nlinneapolis, MN 55�11
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STATE OF MIrTNESOTA)
) ss.
COiJNTY OF RAMSEY )
AFFIDAVIT OF SERVICE BI' U.S. M�1iL
NLTE KIt1�US, being first duly sworn, deposes and says that on Febmary 14, 2006, she
served the attached NOTTCE OF VIOLATION by placing a hue and conect copy thereof in an
envelope addressed as follows:
Owner/M
J& K Auto Sales Auto Body
363 Atwater Street
St. Paul, MN 55117
John Fox
2650 James Avenue North
Minneapolis, MN 55411
(which is the last known address of said person) deposifing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
Subscribed and swom to before me
this 14�` day of February, 2006
� .��
Nota •y Public �
RITA M. BOSSARD
NOTARV PUBLI0. MINPF.SOTA
MY COMMISSION
EXPIRES JAN.31.201 0
ob-���
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District b Plannina Council
213 Front Avenue
Saint Paul, MN 557 17
651-488-4485
districtb: popp.net
March 14, 2006
Council Member Lee Helgen
320-A City Hall
15 West Keilogg BLVD
Saint Paul, MN 55102
RE: Violations of License held by J8�K Auto Sales Auto Body-Motor Vehicle
and Auto Body Repair/Painting Shop
Dear Counci! Member He(gen,
On November 17, 2004 The District 6 Land Use Task met and voted to deny
the license appiication for Auto Body/Painting Shop and Second Nand
Dealer Motor Vehicle License requested by J&K Auto. Reasons for
recommending denial were lack of support, information and applicant's
presence at the Land Use meeting. Neighborhood opposition and the
excessive concentration of auto-related businesses along a section of
Western Avenue, which is primarify a residential area as weN as a gateway
into the district, were concerns. Land Use members as weil as residents
were concerned about the appearance of the applicant's shop and the
effect this additional auto repair business would have on the
neighborhood. As of 2005 District 6 had 21 % of all Auto licenses given, the
closest District is District 7 hoiding 11%. In approving a lisence, there are
conditions set forth that the city imposes on the business, and if the license
holder does not abide by the conditions fines are handed down. In
imposing conditions, businesses then are expected to be good businesses
and good neighbors.
District 6 applauds this system as the only recourse neighborhoods have
for attempting to ensure good businesses practices and asks that the city
council impose the $1000.00 fine on J&K Auto as recommended by LIEP.
Regards,
� y� /�l��-
Jeff Martens
Land Use Chair