06-926Council File #�
Green Sheet # _'j� � � (, S �
RESOLUTION
Presented
OF SAiNT PAUL, MINNESOTA
�s
2 WT-IEREAS, adverse actian was taken against all the licenses held by J& K Auto Sales Auto Body,
3 Inc., d/b/a J& K Auto Sales Auto Body (License ID #20040003802) far the premises located at 363
4 Atwater Street in Saint Paul, by Notice of Violation dated August 10, 2006, alleging licensee violated
5 several conditions of his license; and
WFiEREAS, The Office of License, Inspections and Environmental Protection has recommended a
$1,500.00 fine; and
10
11
12
13
14
15
WI3EREAS, 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
order to pay a fine of $1,500.00 for violating several conditions of the license. Payment of fine shall be
made within thirty days of the date of the adoption of this resolurion.
16 This Resolution, and action taken above, is based upon facts contained in the August 10, 2006,
17 Notice of Violation sent to the licensee and the arguments made at the Public Hearing on October 4, 2006.
18
19
20
Requested by Department of.
��.: � � li
1
Adoption Certified by CoimcIl Secretazy
By: '
Approved by M ate v �U., °� ZJ �ji
By:
Form ved by Ci Attoi I y
By:
Form ve y or fo ubmis ' to Council
By:
Adopted by Council: Date /d,Q��IJU�o
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
�(O % ��
DepartmenUofite/council: Datelnifiafed;
LP -L� �en��os��o���t ItSEP-06 Green Sheet NO: 3032651
Contact Person 8 Phone:
Ract�e! Gu`derson
2�6-8710
Doc. Type:
E-DocumentRequired: Y
DocumentContact: JulieK2us
Conpct Phone: 266-8710
� DepaNmenf SentSoPerson
0 Q;censeR soeetion/Cnvir Yro
Pssign 1 'ce vicouRo arhnenYD' or
Number Z �
For
Roufing 3 r•s Otfi Ma or/As ' nt
Order � 4 ou fl
5 Cler G4 GRerk
Total # of Signature Pages _(Clip All Locations for Signature)
Approval of the attached resolurion to take adverse action against ali the licenses held by 3& K Auto Sales Auto Body, Inc., dlbia J
& K Auto Sale Auto Body fox the piemises located at 363 Atwafer Street in Saint Paul.
Recommendations: Appro�e (A) or Reject (R):
Planning Commission
CIB Committee
CiHI Service Commission
"�
MustMswerthe Following Queslions:
1. Has this persoNfinn e�er wrnked under a contract for this departme�rt?
Yes No
2. Has this persoNfirm e�er been a city employee?
Yes No
3. Does this person/firm possess a skill not nottnalry possessed by any
curreM city employee?
Yes No
Explain all yes answers on separete sheet and attach to green sheet
Initiating Problem, Issues, Opportuniry (Who, What, When, Where, Why):
Licensee violated seveLal conditions of his license. After nofiricarion, licensee requested a Fublic Hearing.
Advanqges If Aptiroved:
Imposfion of $I,500.00 fine as recommended by the Office of LIEP.
Disadvantaqes IfApproved:
None
Disadvantayes If Not Approved:
Transadion:
Fundinp Source:
Finandal Information:
(Explain)
CosURevenue Budgeted:
ActivitV Number:
SEP 1 3 2006
� i�r�s��rCii �i"s�i@�
�
September 19, 2006 11:43 AM Page 1
\!
OFFICE OF THE CITY ATTORNEY
.7ohn Chai, CiryAttomey
f/ ` /p�Ul
C 11 1 �l' Jt�lAV 1 rl 1 V L Civil Division
Christopher B. Colemarr, Mayor 400 Ciry Hall Telephone: 651266-8710
ISWestKelioggB(vd. Facsimile:6S129S-5619
Sa'vet Paul, M}nnesota SJIO2
�r�.r�
September 13, 2006
NOTICE OF COUNCIL HEARING
Mr. John Fox
J& K Auto Sales Auto Body
363 Atwater Street
St. Paul, NIlV 55117
RE: All licenses held by 7& K Auto Sales Auto Body, Inc., d/b/a J& K Auto Sales Auto Body for the premises
located at 363 Atwater Street in Saint Paul.
LicenseID #20040003802
Dear SirJMadam:
Please take notice that this matter has been set ott the Public Hearing Agenda for the City Council meeting scheduled
for Wednesday, October 4, 2006 at 5:30 p.m., in the City Council Chambers, Third Floar, Saint Paul City Hall and
Ramsey County Courthouse.
Enclosed are 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 fine imposed due to violations of the conditions of your
licenses . This matter has been placed on the public heazing agenda portion of the City Council meeting, during which
public discussion is allowed. Due to the fact that this is the second violation of the condifions of your license, the
recommendarion of the licensing office is a$1,S�Q.OQ fine.
If there is anv information vou would like Citv Council to review�rior to thepublic hearing I will need to
receive it no later than Mondav Seutember 25 2006.
If you have anp questions please feel free to contact me at 266-8710.
Very truly yours,
�'� '��
�
Rachel Gunderson
AssistantCityAtto y
cc:� hristine Rozek, Deputy Director of LIEP
ary Erickson, Assistant Council Secretary, 31� City Hall
John Fo�e, 2650 James Avenue North, Miuueapolis, MN 55411
Kerry Antrim, CommuniTy Organizer, Disirict 6 Planning Council
213 Front Avenua, St. Paul, MN 55117
AA-ADA-EEO Employer
� � ' �1 �-�P
Licensee Narae:
Address:
Council Date:
UNCONTESTED LICEI�TSE MATT'ER
J& K Auto Sales Auto Body
363 Atwater Street, St. Paul, MN 55117
Wednesday, October 4, 2006 @ 5:30 p.m.
Violation: Three (3) violations to conditions of the license with
regard to number of cars parked on the lot, storage
of trash and vehicles parked on the street.
Dates of Violations: July 24, 2006 and August 2, 2006.
Recommendation of Assistant City Attorney on behalf of client, Office of
License, Inspections and Environmental Protection:
$1,500.00 Fine
Attachments:
1.
2.
3.
4.
5.
6.
7.
Proposed resolution
Copy of ECLIPS license screens
Copy of License Group Comments Text dated 9/5/06
Copy of License Group Conditions Text dated 9/5/06
Copy of Inspector's Report with pictures dated 8/2/06.
Copy of Notice of Violation with Affidavit of Service dated 8/10/06
Copy of letter from licensee reqnesting a public hearing dated S/17/06
r,�ress ; ucensee
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License Group Comments Text
Licensee: � g K AUTO SALES AUTO BODY INC
�BA� J 8. K AUTO SAIES AUTO BODY
License #: 20040�03802
09/OS/2006
08/09@006 Withdrawn auto 2pair garage lic app per John Fox written request. CAR ok'd 100°la refund. cadcat
OS/0&@007 Licensee agreed to hours of operation conditions af a legislative hearing for Yhe auto eepair license. Licensee slso agreed withdraw the auto
repair license and will not be eligibie to apply agai� until the property has been in compliance with aIl license conditions for at least 6 months. CAR
OS/07/2006 To CAO for adverse adion. LIEP recommends a 51500 penalty. CAR
08/0212006 Property has 20 qrs on Yne lot. KS.
07/24l2006 15 cars on Iot - in compliance. ProperEy has some outdoor trash storege. CAR
06/27l2006 signed condition affidavit rcvd. cat
06/19/2006 Notifications sent, response date 07/21/2006; 50M and 33EM.gb
06119/2006 lic conditions changed to reflect the new auto repair garage app rcvd. Condttion #8. General auto repair is not permitted. Omitted so fhat
neighborhood not�cation can be sent out and a condition affidavit printed. carlcat
04/14/2006 Rcvd $1,000.00 for fine. AMW
03/21/2006 Sent Fine Letter ($1,000 due 4/14/06). LAB
03/1572006 Council Resoiution CF 06-276 imposed a fine of $1,DD0 on licensee for license conditions viola{ions; paymeni musi be made within 30 days of
the resolutio� adoption. RS
02/23/2006 CAO sent Notice of Council Hearing for Wed., Mar. 15, 2006 in City Council Chambers. RS
02/13/2006 CAO sent Notice of Violation for violation of several license conditions, including too many vehicles parked on the lot, exterior storage of
vehicle parts 8� vehicles parked in rthe driveway; recommended penalty is a$1,000 fine; deadfine to respond is 2/24/06. RS
0725/2006 ReinspecGon indicates 20 cars on the lot - 17 are peanitted, CAR
01/24/2006 To CAO for adverse action. Recommendation 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
1711f2006 20 veh. in lot 1 truck topper along side of bldg. engine block in back of pickup.1112/2006 two cars were parked in the driveway btocking entrence
to the property.Condition #1 fimits vehicles on lot to 17 total. Condition #3 clearly indiwtes that outdoor storage of parts is nof permitfed.Condition #4 does
not allow vehicles to be parked in the drivenvay or public right of way. KS
08/30/2005 In compliance per inspection by KS. 08/29/2005 Temp dealer # received and recorded. CAR
08/25l2005 KS and CAR met with John Fox. Mr. Fox ctearry understands that he can have oniy 17 cars total on the lot and that the expectaiion is that he
will remain in compliance 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. 7he site manager, Mr. Yang is gone and Nang is now the manager. CAR
08/18/2005 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 Mc Fox has been dropped. CAR
8/18/2005 in compliance 10 cars on (ot no junk laying around dumpster full and all car 6ei�g worked on inside KS.
OS/10/2005 Zoning has signed off on zoning portion of state dealer number application. Licensee is to take applicatio� to the state.CAR
0811 D/2005 YaYa Diatta, Zoning, reinspected property and determined that outdoor storege has been removed. CAR
08l05/2005 Licensee came in to have zoning sign off on siate dealer number appficaiion. Zoning is holding to determine compiiance with orders to ctean
property. UEP 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 an upward departure from the 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 nof be able to reopen untii
all condiYions are met and LIEP has inspeded and given written permisssion to reopen. Licensee understands that furiher violations could resuR in a
closure or revocation. CAR
OS/02/2005 letter sent to licensee regarding req dir #. Response deadline OS/75/2005. cadcat
07/28/2005 Letter sent to licensee as a result of 07/12/2005 inspection. Letter indicates file will be referred to the city attomey for adverse action. CAR
OT/27f2005 Zoning enforcement notice sent by Ya Ya Diatta. YA YA observed junk vehicles and parts stored outside, no customerlemployee parking
spaces on July 73, 2005. Given to 08/17/2005 to comply. CAR
07/26/2005 per email from Marc.Pelletier@state.mn.us 2:1824 PM -1 ran the name of the firm against our data base. There is no reference to any firm , in
the City ofi St. Paul, under the name of J& K Auto Sales. Unless he applied for a state license under another name, which is possible, he does not appear
to be be in compliance with iYem # 13 not to mention Chapter 168. He ,Mr. Fox would be best advised to conlad us so as to avoid any problems."
07H2/2005 Inspected by KS because of a complaint and reinspection of documented 05/20/2005 violations. KS noted 26 vehicles on lot(Condition #1
allows 12), exterior storage(GOndition#3), junk all over the property(Condition #3), inoperable vehicles with major parts missing (Condition #6), vehicles on
tow trucks are parked in the right of way (Condition #5) , vehicle being worked on outside (condition #9). 5/20/05 Sent letter of violation KS.
5/20l05 Reinspected and took pictures. Lefter describing OSll9(2005 violations. CounYed 20 cars inside lot ,emptoyee dropped on on street From flat bed,
that car was left in the street not able to drive it into lot. Flat bed was then parked on Atwater across Western. Talked to employee ra and told him that f
would be sending letter about violations, went through lot and explained the violations. Given to 05/31/2005 to comply. KS
OS/'19/05 Reinspected per 05/04/2005 verbal orders from JJH. 7ook pic. of lot and veh. saw one male park his car on street and walk into license premisis.
Busses had hard time dropping off kid af the comer. No manuv. space inside lot. Appeared not fo be in compliance. Letter to foNOw. KS.
05/04/2005- Inspected propedy, observed 29 vehides for repair(can't have more thao 12), none displayed for sale. Issued verbal orders to Yia to bring in
to compliance in one week.(5l72/OS)JJH.
04f06/2005 Council passed resofution (CF OS-277) adding conditions 14 {hrough 76 to J&}Cs Iicenses. Property is in compllance at the time of license
issaance. RSlCAR
03/25/05 recd. ins for barb wire fenceKS.
03/24/2005 Original application dates were 7/2/04 to 7/02/05. Licensee has not been operating; therefore, the effective & expiration dates have been
changed ta 3l23f05 to 3i23/06 per CAR. LAB
03l17/20o4 lnspectsion by CR - all cars removed and business is not opereting. LIEP wiit not 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 inspection by KS and reinforced fhe fact that a license has
not been issued and all vehicles must be removed.CAR
03f0972005 Resolutian 05-153 approving the pending licenses with conditions is faid over to 03/23/20D5. CAR
3/8/05 5 cars on the lot no operation at this time. KS.
3/2/OS 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.
02l23/2004 Resolufion 05-153 introduced to approve ficense with cooditions but was laid wer unti103/0912005. CAR
02/17/2005 moving cars oH bt with tow t�uck KS.
02/16/2005 Met with Mr. Fox, Xia and Khan Le. Mr. Fox must provide LIEP with a corrected lease in his name with Mr. Lufher as the property owner.
Applicant cannot operate prior to issuance of the license. Applicant must remove all illegal storage and illegally stored vehicles before the license can be
issued. A11 vehicles must be stored on the lot In compliance with the license condifions. Written orders have been sent to the property owner requiring the
�rooertv to be cleaned uo bv March L 2005. License aoolicant wii! calf Jeff Hawkins when the orooertv is cfeaned uo for insoection. When the orooertv is in
License Group CondiGons Text
Licensee: � g K AUTO SALES AUTO BODY INC
DBA: J 8. K AUTO SALES AUTO BODY
License #; Zpp40003802
f?(Q-�I �
09l0572�06
1. The number of vehides for sale displayed outdoors may not exceed tweive (12), as shown on fhe approved site plan on file in LIEP.
2. All customer and employee vehides must be parked in the area designated on the LIEP approved site plaa Employee vehicles may not be parked or
stored ln the alley. There should be five (5) parking spaces for customers and employees.
3. There sha11 be no e�erior storage of vehiGe pads, tires, oil, or any other similar maferials associated with ths business. Trash wiff be stored in a
covered dumpster.
4. At no fime shall vehicles be parked in the driveway or in the public right-of-way.
5. Cars for sale shall not be parked on the sfreet or public right-of-way.
6. AII vehicies parked outdoors must appearto be complefeiy assembled with no major body parts missing,
7. Vehicle satvage is not penniffed.
8. No repair of vehicles may occur on the exterior of the Iot or in the public right-of-way. All repairwork must occur within an enclosed building.
9. Vehicles awaiting repair may not be parked or stored in the adjacent alley.
10. Customer vehicles may not be parked longer than ten (70) days on the premises. it shali be {he responsibilifij of the Iicensee to ensure that any
vehicle not claimed by its owner is removed from the lot as pertniBed by law.
11. Provide maneuvering space on the property to allow vehides entering and exiting the site to proceed forward. Backing from the street or on to the
street is prohibifed.
12. Licensee must comply with all federal, state and local Iaws.
13. The licensee and property ownerwill endeavor to make property improvemeMs in accordance with the Rice Street design guidetines.
14. Licensee will be in compliance with all conditions prior to ope�ing. A LIEP inspector will provide writtea authorizatio� to open whe� compliancz is
achieved.
15. The license will be reviewed for compliance with these contlitions every six months. Failure to remain in compliance will result in adverse action
against ihe licensee.
16. Spray painfing is permitted weekdays from 7 AM to 4:30 PM and Saturdays from 7 AM until noon. There will be no sprey painting on Sunday.
�..;..
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C� �P�9a-�
Insae�ior's Reunr
Iasgector's Name: � fi � C ��:�n.C,�e,t,,.._�4'-�/
Date: � t a--� � �o
Business/Prope:tyname: � � � ,�,,�� �,�.� „ � �,,.1�,�, _
ProPeriY Address: �( n 2, �-{--�,�,
Reason for V'�sit: � �y�,��Q;c -�-�� •
obs��a�: Zo ��v�, c� l ,,-� _ �.�.��,�,�2 �r�✓�, �,,,
«�
�
Photos Taken: �Yes, Iocation ofphotos �IC�L G�-� ��� �j r. � Q �j G,��.�
�-� .
� No
Action Taken: Citatian
_ Waming
(/C�ther: �U \.-�jtYC�.-1'i �..— � ✓ �e>S�t c� �.Q�.
- ,�rt�ee,�se c���-'�,�..., .
Details of Conversations (statements ut and bypezson responsbie for pzoperty):
\,
D(�-��� ,_
J & K Auto Sales
363 Atwater Street
St. Paul, MN 55117
612-598-9988
August 17, 2006
City of Saint Paul
400 City Nal!
15 West Kellogg Blvd
St. Paul, MN 55102
Dear Sir/Madam:
I wish to have a hearing before the City Council to present
information regarding the imposition of a fine.
Pictures describing conditions at the above cited address do
not accurate{y describe the conditions as depicted by said
photograph. 1 submit that they are taken out of context to
inappropriately depict our business as unsavory.
We wish to defend our position as a progressive, developing
business.
Sincere
John F
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OFFICE OF Tf� CITY ATTORNEY
Tohn J. Choi, CityAttorney
cz� o� sa�rT PauL,
CSmstopher B. Calemmi, Mayor
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400 City HaA "
IS WestKeZZoggBZvd
SaintPaul, M"mnesota SSIO2
TeZepFwne: 65Z 266-8770
Facsimile: 657 298-5619
August 10, 2006
Owner/Manager
J& K Auto Sa1es Auto Boy.
363 Atwater Street
St. Paul, MN 55117
NOTICE OF VIOLATION
R�; Ail licenses held by J& K Auto Sa1es Auto Body, Inc., d/b/a J& K Auto Sales Auto Body for
the premises located at 363 Atwater Street in Saint Paul.
License ID #20040003802
Dear Sir/Madam:
The Office of License Inspections and Environmental Protecfion has recommended adverse
action against the all the licenses held by J& K Auto Sales Auto Body, Inc., d/b/a J& K Auto Saies
Auto Body for the premises located at 363 Atwater Street in Saint Pau1. The basis for the
recommendation is as follows:
On July 24, 2006, it was noted that there was trash stored outside in violation
of condition #3 of gour license that states: " 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."
On August 2, 2006, during an inspection it was noted that there was 20 cars
on the lot. This is in violation of condition #1 of your license which states:
"The number of vehicles for sale displayed outdoors may not exceed twelve
(12), as shown on the approved site plan on file in LIEP."
There was also several cars parked on the street in violation of condition #5
of your license which states: "Cars for sale shall not be parked on the street
or public right-of-way."
AA-ADA-EEO Employer
�� -��
J& K Auto Sales Auto B� uy �
August 10, 2006
Page 2
Due to fact that this is the second violafion of the condifions of your license, the licensing
office has recommended a$1,500.00 fine.
At this time you have three options on how to proceed:
You can pay the recommended $1,500.00 fine. If this is your ckoice, you should make
payment directly to the Office of License, Inspecfions and Environmental Protection, at 8
Fourkh Street East, Suite 200, St. Paul, Muuiesota 55101-1002 no later than Monday,
August 21, 2006. Information should 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 entitled.
2. ff wish to haue 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 public hearing. We will
need to receive your letter by Monday, August 21, 2006. The matter will then be
scheduled before the City Council foz 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 Adwiuistrative Law
Judge. At that hearing both you and the City will be able to appeaz and present
witnesses, evidence and cross-examine the other's witnesses. The St. Paul City Council
will ultimately decide the case. If this is your choice, please advise me by Monday,
August 21, 2006, and I will take the necessary steps to schedule the admiiustrafive
hearing.
If I have not heard from you by that date, I will as5ume that you do not contest the
imposition of the fine.
If you have any questions, please feel free to contact me at (651) 266-8710.
Sincerely,
� ��
Rac el Gunderso
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LIEP
John Fox, 2650 James Avenue North, Minneapolis, MN 55411
Kerry Antrim, Community Organizer, District 6 Plani�ing Council
213 Front Avenue, Sf. Paul, MN 55117
AA-ADA-EEO Employer
�- �. Dl� -� ��
STATE OF NIINNESOTA)
) ss.
COUNTY OF RAMSEY )
r1FFIDAVIT OF SERVICE BY U.S. MAIL
JiTLTE KRAUS, being first duly sworn, deposes and says that on August 1 l, 2006, she
served the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in
an envelope addressed as follows:
Owner/Manager
J& K Auto Sa1es Auto Body
363 Atwater Street
St. Paul, MN 55117
John Fox
2650 James Avenue North
Minneapolis, MN 55411
Kerry Antrun, Community Organizer
District 6 Planning Council
213 Front Avenue
St. Paul, MN 55117
(which is the last known address of said person) depositing the same, with postage prepaid, in
the United States mail at St. Paul, Minnesota.
Subscribed and sworn to before me
this 11�' day of August, 2006
J���� �����
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Julie Kraus
R1TA M. BOSSARD
NDTARY PI�LiC - M INNESOTA
MY COMMISSION
EXPIRES JAN. 31, 2 0 1 0