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06-768Council File # Green Sheet # � �' 2 3 4 5 6 7 WHEREAS, adverse action was taken against the Second Hand Dealer-Motor Vehicle license held by Brother's Sales, Inc., d/b/a Brother's Sales, Inc. (License ID#20030002636) far the premises located at 1161 University Avenue West in Saint Paul, by Notice of Violation dated July 14, 2006, alleging licensee had several violations of the condirions of their license between December 2004 And June 2006; and S W I3EREAS, the licensee did respond to the Notice of Violation to contest the allegation or to pay 9 the fine: and 10 11 12 13 14 15 16 17 18 19 20 WHEREAS, the Notice of Violation stated that if the licensee failed to respond or pay the fine by July 25, 2006, that the matter would be placed on the consent agenda to impose the recommended fine; now, therefore, be it RESOLVED, that Brother's Sa1es, Inc., d/b!a Brother's Sale, Inc. is hereby ordered to pay a fine in the amount of $>00.00 for several violations of the conditions of their license between December 2004 and June 2006. Payment of the fine shall be made within thirty days of the date of the adoption of this resolution. Benanav Bostrom Harris Adopted by Council: Date BY� X�.l�,a� � _.C.�t� V L . ��� ✓ ✓ ✓ Requested by Depart�nent of: Attorney � to Council Adoption Certified by Council SecL€tary Form BY� /////i/ii�/i�� By: Approved by May . Date (,/�C{up f o?/, o7DI� � BY f 1 !!„-, �� � %`�'7�?0✓/� RESOLUTION CITY OF SAINT PAUL. MINNESOTA iB � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �� �/� 4 DepartmenUaffice/council: Date Initiated: Lp — LicensellnspectioNEnvironProt 0'1-AUG-06 Green S heet NO: 30 31787 1 Contact Person & Phone� Denartrnent Sent To Person InitiaUDate Rachet GMderson � 0 ic s cfio nvir n r 266-87�0 pu�yn 1 ic nseli c6o nvir n e ar4nentDirector Must Be on Council Agenda by (Date): Number y � Atto � For Roubhg 3 a or's Office a or/ASSistant ^� l I � j / Orde� 4 iCuancil { b g � C1erk � erk Total # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approval of the attached resolution to take adverse acrion against the Second Hand Dealer-Motor Vehicle license held by Brother's Sa]es, Inc., dJb/a Brother's Sales, Inc. (License ID#20030002636) for the premises located at 1161 Universiry Avenue West in Saint Paul. Recommendations: Approve (A) or Rejecl (R): Personal Service Contracts Must Answerthe Following Qaestions: Planning Commission 1. Has this persoMfirm ever worked under a contract for this tlepaAment? CIB Cammittee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this personlfirm passess a skill not normally possessed by any current city employee? Yes No Expiain ali yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee has several violarions to the condirions of their license beriveen December 2004 and June 2006. ABer notification, licensee failed to respond tA Notice of Violation. Advantanes If Aporoved: $500.00 Fine imposed as recoxnmended by the Office of LIEP. ���e��, g�yl Oe 19 tJ 4 6 Disadvantaqes If Approved: �� � c � None. IYU'1YUR O���tiG Disativantages If Not Auprovetl: rotai Amountot Cast/Revenue Budgeted: U�IC�{ R@S@aTCFI CBPI��I� Traosaction: . Funding Source: Activity Number: A11� O A � oo � hW 't Financial Information: (Explain) � (� � OFFICE OF THE CITY ATTORNEY " ' Jolm J. Cho"; CiryAttorney D� � ��l 1 ��" Sclu�l pAUL CivilDivzrion CTvistopherB. Colemmy Mayor 400 Ci Hal7 1 1' Telephone: 65I 2G6-8710 IS West KelloggBtvd Fac.mnite: 651298-56I9 SaintP¢u1, Mirmesota 55702 i 7uly 14, 2006 NOTTCE OF VIOLATION Steven Ogdahl Brother's Sales, Inc. 1161 University Avenue West St. Pau1, MN 55104 RE: Second Hand Dealer - Motor Vehicle license heid by Brother's Sales, Inc., d/b(a Brother's Sa1es, Inc. for premises located at 1161 Uttiversity Avenue West in Saint Paul License ID # 20030002636 Dear Mr. Ogdahl: The Office of License Inspections and Environmental Protection has recommended adverse action against the Second Hand Dealer - Motor Vel�icle license held by Brother's Sales, Inc., cUb/a Brother's Sales, Inc. for premises located at 1161 University Avenue West in Saint Paul. The basis for the recoxnmendation is as follows: On December 10, 2004 you received a letter from the Office of License Inspection and Environmenal Protection stating that they have received a complaint that yonr lot �vas overflowing with vehicles displayed "For Sale". During an inspection on December 9, 2004, 37 vehicles were connted on yonr lot which is in violation of condition #3 of your license that states: G°A maxzmun of 26 cars are perrnitted on the expansion loL Of these four are required empdoyee and customer parking spaces. This resuLts in a taal of 32 cars on both sides, at least 6 of which shall be reserved for cu'stamer and employee parking. " On September 15, 2005 you received a WritEen Notification of License Violafion as the result of an inspecfion on Sepfember 14, 2005. During this inspection there were 41 cars on the lot in violation of condition #3. There were also, cars parked on the sidewalk and boulevard which is in violation of conditions #7 and #8 of your license which staEes: `At no time shall vehicles be parked in the driveway or in the public right-of-way" and "CaYS for sale may not be parked on the street or public rzght-of-way". AA-ADA-EEO Employer Brother's Sales Inc. � � ��-7J_� July 14, 2006 ��� Page 2 It was aIso noted that there was a repair operation locafed on yonr properCy. This is in violation of cbndition #11 which states: "GeneraZAuto Repair is not allowed " On Apri14, 20Q6, an inspector drove by your establishment and nofed a vehicle was parked ott the bonlevard, 3 cars, l moforcycle and a moped parked in the public rigflt-of-way in violation of condifions #7 and #& of your license. There were aiso 36 cars connted in the parl�ng lot and there appeared to be no customer or employee parl�ng in violation of conditions #3 of your license. On May 23, 2006, during an inspecfion, it was noted by the inspector that there were cars and a scooter parked again on the public right-of-way in violation of condition #7 of your license. On Jixne 28, 2Q�6, during an inspection, it was noted by the inspector that there were 34 cars in the parking lot in violation of condition #3 and 5 motor bikes parked on the,boulevard in violation of condition #7 of your license. The inspector then observed an employee get into a vehicle that was parked on the street so it appears employees and customers do not have parking in the lot in violation of conditions #3 of your license. Due to these repeated violataons of your license conditions, The licensing office will recommend a $500.00 fine Af this time you have three options on how to proceed: You can pay the recommended $500,00 fine. Ifthis is your choice, you should make payment direcfly to the Office of License, Inspections and Environmentai Protection, at 8 Fourth Street East, Suite 2Q0, St. Pau1, Minnesota 55101-1002 no later than Tuesday, .Tuly 25, 2006. Information should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the �ne will be considered to be a waiver of the hearing to which you aze entitled. 2. If you wish to have a public hearang before the Saint Paul City Council, you will need to send me a letter with a stafement acimitting the facts and requesting a public hearing. We will need to zeceive your letter by Tuesday, Juty 25, 2006. The matfer will then be scheduled before fhe City Couttcil for a public hearing to detertniue whether to impose the fine. You will have an opporhanity to appear before the Council and make a statement on yout own behalf. AA-ADA-EEO Employer Brother's Sales Inc. duly 14, 2006 Page 3 � � Dto-7� � If you dispute ihe above facts, you can request a heariug before an Achui.uisfrafive Law 7udge. At that heariug both you and the City will be able fo appear and present witnesses, evidence and cross-examine the other's wiinesses. The St. Paul City Council will ultimately decide the case. If this is your choice, please advise me by Tnesday, July 25, 2006 and I will take the necessary steps to schedule the adminisirative hearing. If I have not heard from you by that date, T will assume that you do not contest the imposition of the fine. ff you have any questions, please feel free to contact me at (651) 266-8710. Sincerely, ��, � Rachel Gunderson Assistant City Attomey ca Christine Rozek, Deputy Director o£ LIEP Steven Ogdahl, 14346 Fairway Drive, Eden Prairie, MN 55344 AA-ADA-EEO Employer � STATE OF NIINNESOTA) ) ss. COUNTY OF RAMSEY ) �� ot�-�(�$ A.FI+'TDAVIT OI` SERVICE BY U.S. MAII� 7IJLIE T�RAUS, being first duly sworn, deposes and says that on July 14, 2006, she seroed the attached NOTICE OF VIOLATION by placing a irue and correct copy thereof in an envelope addressed as foliows: Steven Ogdahl Brothers Sales, Inc. 1161 University Avenue West St. Pau1, NIN 55104 Steven Ogdahl 14346 Fairway Drive Eden Prairie, MN 55344 (which is the lasC known address of said person) depositing the same, with postage prepaid, in the United States maii at St. Paul, Mimiesota. Subscribed and swom to before me ttus 14 day of 3uly, 2006 � �� f � �� � � Y. � � V..X1�9�.. Julie Kraus RRA M. 808SARD NOTARY PUBLlC • M�ESOTA MY CdMA93SI0N IXPtRES JAN.31, 201 0