09-191Substitute 2/25/2009
Presented by
9
10
11
12
13
14
15
Council File # 09-191
Green Sheet #��
RESOLUTION
OF SAINT PAUL, MINNESOTA �
1 WI IEREAS, adverse action was taken against the Auto Repair Garage and Second Hand Dealer-
2 Motor Vehicle licenses held by Heartland Auto Sales, Inc. d/b/a Heartland Auto Sales (License ID
3#19990001008) for the premises located at 1236 Arcade Street in Saint Paul by Notice of Violation dated
4 January 15, 2009, alleging licensee had forty-eight (48) cars on the licensed premises in violation of
5 license condition #2; and
WHEREAS, this was the second violation within twenty-four (24) months, per Saint Paul
Legislative Code §310.05 (m)(1), the licensing office recommended a$1,000.00 matrix penalty and
imposition of the twenty-five (25) day suspension per Council Resolution #07-714; and
WHEREAS, licensee has three prior adverse actions before the Council; the first from February 4,
2004 for too many cars in violation of license condition #2, the second from October 5, 2005 for too many
cars in violation of license condition # 2, and the third from August 8, 2007 far violation of license
conditions and other violations; and
16 WHEREAS, the licensee did respond to the Notice of Violation to request a hearing which was
17 held on February 18, 2009; now, therefore, be it
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
RESOLVED, that the Auto Repair Garage and Second Hand Dealer — Motor Vehicle licenses held
by Heartland Auto Sales, Inc. d/b/a Heartland Auto Sales are hereby suspended for twenty-five (25) days.
Said suspension shall become effective at 12:01 am. on Wednesday, March 18, 2009 and last until 11:59
p.m. Saturday, April 11, 2009 and be it
FURTHER RESOLVED, that deviation from the penalty matrix in St. Paul Leg. Code § 310.05 is
appropriate because this adverse action is treated as a second violation under the penalty matrix due to the
age of the other violations but is in reality the fourth appearance before the council for violations of license
conditions and the third appearance before the council for violation of license condition number 2; and
FURTHER RESOLVED, that a fine of $1,000.00 and a thirty (30) day suspension of all licenses is
imposed against all licenses held by Heartland Auto Sales, Inc. d/b/a Heartland Auto Sales (License ID #
19990001008) located at 1236 Arcade Street in Saint Paul, however the thirty (30) day suspension is
stayed for twenty four (24) months on the condition that there be no further violations; and be it
09-191
34
36
37
38
39
40
41
42
43
FURTHER RESOLVED, the licensee is ordered to pay a matrix penalty of $1,000.00. Payment of
such penalty shall be made within thiriy days of the date of the adoption of this resolution.
This resolution, and action taken above, is based upon facts contained in the January 15, 2009,
Notice of Violation sent to the licensee and the arguments made at the public hearing on February 18, 2009
Bostrom
Carter
Yeas
Requested by Departmenf oE
ti
�
�
Stark
Thune
Adopted by Council: Date
Adoption
By:
Approv
By: �
Secretary
Form roved by City Attorney
BY: .�G1E,fMK,�tJLc�i/)
Form Approved by Mayor for Submission to Council
By:
�1� f�l�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet
S� _Dept.ofSafety&inspections I 30-JAN-09 j Green Sheet NO: 3066517
Contact Person & Phone:
Rachel Tiemey
266�710
Must Be on Counc Agenda
1S-FEB-09 (�.. t,l:�
Doc. Type; RESOLUTION
�
Assign
Number
For
Routing
Order
0� eot of Saferi & Insnections , � , �
3 �or's Office ' � Mayor/ASSisiaut �.
4 �Council � ---- �
5 Clerk Citv Clerk I
�
E-DocumentRequired: Y
Document Contact: Julie Kraus
ConWct Phone: 266-8776 I I
Total # of Signature Pages _(Clip All Locations for Signature)
Approval of the attached resolution to take adverse acrion against the Auto Repair Gazage and Second Hand Dealer-Motor Vehicle
licenses held by Heartland Auto Sales, Inc. d/b/a Heartland Auto Sales (I,icense ID #19990001008) for the premises located at 1236
Arcade Stree[ in Saint Paul.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Personal Service Contrects Must Answer the Following Questions:
t. Has this person�rm ever worked under a contract for this department?
Yes No
2. Has this person/frm ever been a city employee?
Yes No
3. Does this personffirm possess a skill not normally possessed by any
current city employee?
Yes No
F�cplain all yes answers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
On December 24, 2008, a DSI Inspector came to licensee's establishment on a complaint and no[ed forty-eight (48) cazs on the lot in
violarion of license condidon #2. After norification, licensee requested a public hearing.
AdvantageslfApproved:
$1,000.00 matrix penalty and imposition of twenty-five (25) day suspension per Council Resolution #07-714.
Disadvantages If Approved:
Disadvantages If NotApproved:
Total Amount of
Trensadion:
Funding Source:
Fi nancial Information:
(6cplain)
CostlRevenue Budgeted:
Activity Number:
January 30, 2009 10:48 AM Page 1
sw[xr
PAU L CITY OF SAINT PAUL
� ChristopherB. Coleman, Mayor
AAAA
January 30, 2009
o� -i��
OFFICE OF THE CITY ATTORNEY
John Choi, CityAttomey
Civil Division
400CrfyHall Te%phone:651266-87f0
15 West Kellogg Blvd Facsimile: 651 298-5619
Saint Paul, Minnesota 55102
NOTICE OF COUNCIL HEARING
Mark Bloomquist
Meagher & Geer, P.L.L.P.
33 South Sixth 5treet, Suite 4400
Minneapolis, MN 55402
RE: Auto Repair Garage and Second Hand Dealer-Motor Vehicle licenses held by Heartland Auto Sales, Inc.,
d/6/a Heartland Auto Sales for the premises located at 1236 Arcade Street in Saint Paul
License ID #: 19990001008
Dear Mr. Bloomquist:
Please take notice that this matter has been set on the Public Hearing Agenda for the City Council meeting
scheduled for Wednesday, February 18, 2009, 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 Counci]
for their consideration. This is an uncontested matter concerning the fact that on December 24, 2008, a Department of
Safety and Inspections (DSI) Inspector came to your clienYs establishment on a complaint and noted there were forty-eight
(48) cazs on the lot in violation of license condition #2. This matter has been placed on the public heazing agenda portion
of the City Council meeting during which public discussion is allowed. This is the second violation within twenty-four
(24) months, therefore, per Saint Paul I,egislative Code §310.05 (m)(1), the licensing office will recommend a$1,000.00
matrix penalty and imposition of the twenty-five (25) day suspension per Council Resolution #07-714.
If there is anv informafion vou would like Citv Council to review orior to the oublic hearine I will need to
receive rt no later than Mondav Februarv 9 2009
Very truly yours,
s- O-��C� I �L(iG�t/�
Rachel Tierney ��
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
�IaryErickson, Council Secretary
Nasseh Ghaffari, 13443 Flagstaf Avenue, Apple Valley, MN 55124
Ms. Leslie McMurray, Executive Director, Payne Phalen District 5 Planning Council
1014 Payne Avenue, St. Paul, NIlV 55101-3933
AA-ADA-EEO Employer
STATE OF MiNNESOTA) ��-��(
) ss. AFFIDAVIT OF SERVICE BY U.S. MAIL
COUNTY OF RAMSEY )
Julie Kraus, being first duly sworn, deposes and says that on the 30` day of January, she
served the attached NOTICE OF COUNCIL HEARING by placing a hue and correct copy
thereof in an envelope addressed as follows:
Mark Bloomquist
Meagher & Geer, P.L.L.P.
33 South Sixth Street, Suite 4400
Minneapolis, MN 55402
Nasseh Ghaffari
13443 Flagstaf Avenue
Apple Valley, MN 55124
Ms. Leslie McMurray, Executive Director
Payne Phalen District 5 Planning Council
1014 Payne Avenue
St. Paul, MN 55101-3933
(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 30�' day of January, 2009
- � _ ���--�
Notary Pubhc
RITA M. �SSARD
lpTARY PUBLIC • MIt�8�E50TA
MY COMMISSION
EJCPIRES JAN. 37 , 2 0 7 0
G (-I�t M
UNCONTESTED LICENSE MATTER
— -
---- -
- __------ --
- - - -- - -
Licensee Name: Heartland Auto Sales
Address: 1236 Arcade Street
St. Paul, MN 55106
Council Date: Wednesday, February 18, 20Q9 @ 5:30 p.m.
Violation: Licensee had forty-eight (48) cars on the lot of the
licensed premises in violation of license condition #2
which only allows thirty-seven (37) cars. This is the
second violation within twenty-four (24) months.
Date of Violation: December 24, 2008
Recommendation of Assistant City Attorney on behalf of client, Department of
Safety and Inspections:
$1,000.00 matrix penalty and imposition of the original
twenty-five (25) day suspension (CF #07-714).
Attachments:
1. Proposed resolution
2. ECLIPS License Group Comments Text dated 1/6/09
3. ECLIPS License Group Conditions Text dated 1/6/09
4. Electronic mail from Kristina Schweinler to Christine Rozek
dated 1/6/09
5. Notice of Violation with Affidavit of Service dated 1/15/09
6. Letter from licensee requesting a public hearing dated 1l26l09
7. Council Resolution #07-714 dated 8/8/07
8. Saint Paul Legislative Code §310.05 (m) (1)
License Group Comments Text
Licensee: HEARTLAND AUTO SALES INC
�BA� HEARTLAND AUTO SALES
License #: �9990001008
�� —� � � 07/06/2009
011062008 To CAO for adverse action based on '12f24/2008 iospection by KS. CAR
12/24/2008 KS inspected in response to a complaint. 48 cars on the lot, plus �unk storage. Pictures taken. CAR
09/10/2007 52,000.00 rcvd for fine. ES
Hand deliverd notice to Louie KS
08/23/2007 Gave Kris Suspension Ietter to hand deliver LAB
OS/08/2007 Council Resolution 07-714 imposed a fine of $2,000 to be paid within 30 days; a 30 day suspension was imposed, but 25 days was suspended
for 24 months on the condition there be no further violations; the 5-day suspension will begin at 12:01 a.m. on 8/29/07 and continue untii 11.59 p m on
9!2l07. RS
06/29/2007 Notice of Counal Heanng for 7/78/2007 to discuss ALJ report and recommended penalties CAR
06/26/2007 ALJ reports indicates that the judge the recommended penalty of $2000 and a 70 day ciosure is not arbitrary In addition, DSI is asking tor
imposition of the previous suspended penalty of �750 and 25 day dosure CAR
05/74/2007 Notice of AdmlNstrative hearing scheduled for 06/72/2007, 9.30AM, Conf Room 4B in DSi. CAR
04/232007 Notice of Violation sent by CAO for violations of Iicense conditions Recommended penalies. �2,000 fine & 10-day closure, in addition to
imposition of the previousiy suspended penalties of a$750 fine & 25-day closure; deadline to respond is 5!3/07. RS
03/27/2007 Followup inspection complaint ID #07-050228 otserved 1 vehicle parked AF 8�8 Orange reAistered to Heart4and Auto. JWF
03/27l2007 In response to complaint (ID#07-050228) about 1265 Arcade, observed 2 vehicles parked on that property, and one vehicle parked AF 808
Orange registered to Heartland Auto JWF
01 /22/2007 To CAO for adverse action. Request that the suspended $750 fine and 25 day closure be imposed from 10/'19/2005 council action Matrix
penaNy for a 3rd violffiion is $2000 fine a�d a 1D day sospension. CAR
07//03/2006 Exterior storage removed 37 vehicles on lot at time of inspection. Red Jimmy previously observed parked on street AF 808 Orange now
parked on lot. One vehicle parked on street AF 808 Orang. Both vehicles registered as hold for resale by Heartland Auto. V�olation of condition #6 which
prohibits placing cars intended for sale in the public fight of way. One vehicle parked IFO south gate blocking sidewalk. JWF
12/19/2006 33 vehicles on lot at time of inspection Obeserved extenor storage in NW comer of lot (tires, engine pads, wmdshielQ etc.) Issued verbal
orders to remove Red Jimmy parked on street AF 808 Orange Ave JWF
5/16l06 in wmp. KS
�2108f2006 Letter from KS mdicating violatron of {icense conditions Cars bfocWng eMrances, car on sidewalk, cars parked at 1265 Arcade (formerly
Marshali Motors), and no customer or handicapped parking spaces. Given to 2l24/2006 to comply. CAR
11/18/2005 Rcvd $750.00 for fine. AMW
10/27/2005 Gave Kris SuspensionlFine letter to hand deliver. ($750 fine due 11/18/05.) Suspension to be served begmning 12.01 am on Wednesday,
November 9th, 2005 thru 11.59 pm Friday, November 13, 2005. LAB
10/27/2005 Sent copy of Suspension letter to Atlministrative Law Judge LAB
10/79/2005� C.F #OS-964 Resolved, that the Auto Repair Garage and 2nd Hand Dlr-MOtor Vehicle licenses issued to Heartland Auto Sales Inc are hereby
suspended for a conddions violation of too many vehicles on the premises.
0/79/2005 Resolution - OS-964 - Memoriafizing City Council action taken October 5, 2005, concernmg adverse action against the Auto Repair Garage
License and Second Hand Dealer-Motor Vehicle License held by Heartland Auto Sales, 1236 Arcade Street Resolved that the auto repair garage and
second hand dealer motor vehicle license are suspended for a period of 30 days and a f ne of $1500 is imposed. 25 of the days of suspension and
$750 00 of the fine shafl be stayed for 18 months on the condition that 1) there be no further violation m that penod of time, and 2) that $750 00 of the fine
be paid within 30 days of passage and approval of resolution. Said 5 day suspension to begin at 72�01 am on the third Wednesday(Nov 9-13) following
adoption
9/29/05 33 cars parken on IotKS
08/70/2005 Notice of Council Hearing on report of ALJ for 09/21/2005. ALJ recommends adverse action but indicates that the penalty could be mitigated
because the owner has made some effort to maintain the property though he is not in compliance with the conditions CAR
O5/19/2005 ALJ hearing contmued to July 19, 2005. CAR
5f19lOS 38 veh. on tot one on vac. iot in back GDJ 589 conv. van KS
04/18/2005 CAO sent Notice of Administrative Hearing for Thursday, June 9, 2005 at 930 a.m, in Room 41 (Basement) City Hall. RS
04/O6/2005 CAO sent Notice of Violation for having too many vehicles parked on the lot; because 2nd violation of license contlitions, recommendation is
for $1,500 fine & 10-day suspension of license; deadline to respond is Apr. 18, 2005. RS
04/05/2005 Penalty recommendation is for $1000 (second violation) and reinstatement of the stayed penalties from the previous action ($500, 10 day
closure) CAR
04/04/2D05 Inspeacto counted 36 cars on the premises. Tires and junk are being stored outdoors. CAR
03/16l2Q05 To CAO for violation of kcense cAnditions regardmg the number of vehicles on the lot. CAR
3/8/05 38 cars hood up on car in back lot. KS
2/10/OS counted 38 cars in IoLKS
2/3/OS Working on car in lot could hear power tool and car radio from across the sheet on Arcade 42 cars. took pic KS
1I31/05 counted 42 cars,took pic KS
1/24/05 counted 43 cars on the lot KS.
8/13/04 36 cars on the lot KS.
6/28/04 inspected lot for compl.34 cars on the lot working on an Aspen cab HKM980 in the back Iot.KS.
6/70/04 inspected for compl. there were 43 cars on the lot and they were working on a cab on the front Iot.KS.
OS/25/2004 41 cars on lot. KS
02/26/2004 $500.00 rcvd for fine ES
�2l1212004 Sent Stayed SuspensionlFine letter ($500 due 315l04). LAB
02/04/2004 Adopted Resolution 04-10'I - the auto repair garage license is hereby suspended for a period of ten days and the licensee is ordered to pay a
fine of $1,000 $500 of the fine and the ten-day suspension is stayed for 12 months on the condition that: 1) $500 of the fine be paid within 30 days of
passage of this resolution, and 2) that there be no further violations within 72 month period from date of adoption of this resolution.
0 111 5/2 004 Letter sent to attomey with copy of proposed resolution for settlement of two pending adverse achons against hcensee. CMK.
12/24/2003 41 Cars on the lot +SStar taxi that pulled in KS
12/23/2003 Letter from the Office of the City Attorney rescheduiing the consolidated Administretive Law Judge hearing for the Auto Repair Garage License
heid by Hartiand Auto Sales, Inc , 1236 Arcade Street, to January 20, 2004, at 9.30 a.m. m Room 41, Saint PaW City Hail, 15 West Kellogg Boulevard ,_
12/09/2003 Consoiidated admmistrative hearing rescheduted from December 30 to January 20, 930 am, Room 41. CMK.
12/O5/2003 Letter sent to attorneys of license holder, including copy of Notice of Hearing. Matter will be rescheduled for time m January. CMK.
17/22/2003 Letter sent to licensee stating a license inspector counted more vehicles in lot than is allowed by condition placed on license. CAO is
reouestina in writina whether or not the Vicensee disoutes the facts bv December 5. CMK.
License Group Comments Text
Licensee: HEARTLAND AUTO SALES INC
DBA: HEARTLAND AUTO SALES
.. License� �999000'1008 -- — - - - -�� - - � � �
07/06I2009
�//���1
1 �/27l20D3 Notice of Hearing for 12/30 at 9 30 a.m. Room 41 CMK �
09/12/2003 Notice of Violation for having more than allowed number of motor vehicles on premises. LIEP recommends 51,000 fine, 10 day suspension
stayed for 18 months. Given to Sep 22 to respond. CMK
09/08l2003 To CAO for adverse action. Recommend $'1000 fine and 10 day closure, closure to be stayed for � 8 months with no same or similar CAR
08/27l2003 Report from inspedor KS ihat there were 67 vehictes on the lot during a 08120(2003 complaint inspection, which is a viola4on of a Iicense
condition which permits only 37 cars. Pictures are included with the report. CAR
06/04/2002 ZF#0'I-206-705 - modification of conditional use permft #99-013 for outdoor auto salems. Previous permit authorized 27 veh. Modified pertnit
allows up to 37 total vehicies on the lot. jjh/caa
OS/28/2002 Letter to licensee's atty from CAO stating that LIEP has agreed to terminate the adverse action ba5ed upon the fact that the licensee has been
granted a SCUP which increases the number of vehicles to be parked on this lot SCS
04/09/2002 E-mail rec'd from GAO stating that a continuance has been rescheduled to OS/Ot/2002 at 9.00 am and that George Beck wJl sent out a letter to
both parties SS
04/09/2002 E-mad rec'd from CAO stating they recerved a phone call from licensee's atty indicahng that they want another continuance because the atty is
going to associate w/Gary VanCleve on the case, as the licensee caught the fact that he probably gets his SCUP because it wasn't denied w/in 60 days
CAO agreed to a 3-wk conhnuance to sort out whether the City has a case to proceed on or not. SS
02/01/2002 Notice of Hearing from CAO concerning all licenses for 03l12/2002, 9.30 AM, Room 41, for ALJ George A Beck, in tegards to a complaint that
there are more vehicles on ihe lot than are permitted. SS
02/11/2002 ALJ hearing set for 3/12/2002 , 9:30, Room . CAR
0511 AI2002 Notice of Violation from CAO recommending adverse action due to inspedions on �2J17I2001 and 12t261200'I where 33 vehicles were Found
on the lot and on Ot/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/24/2002 to respond. SS
1/9/02, 37 veh. on the Iot,KS.
12/26l2001 3:OOpm inspection by Jeff Hawkins - 33 vehicles on lot CAR
12/24/2001 To CAO for adverse action. Suggested penalty -$1000 fne, and 10 day suspension stayed for 18 months with no same or similar
Address Licensee � Cor�tact � �icense � Cardholder �
Licensee Name: }lEARTLAND AUTO SP.LES 1hlC
DBA: !HEARTLAND AL1T0 SALES
Salea Tax Id:
; Find Now
i ,
'. OK ;
!
� Cancel �
!
� Ne w S
' Help ;
i
#
# �
New Graup.�� New Temp Grp_ .� Copy Group... � Add License... ? Properties... 1
Second Hand Dealer - Motor Vehicl
! �� Property =' Licensee �� Unofficial
� Street #: 236
i Street Name: �.RCA6E
i Street Type: ; ST Directinn: j
� Unit Ind: t � — ��
g Uni[ #: �
� City: T PAUL
( State: +INN � Zip: 55706
i �IVard: � Browse !
� Dist Council: 75
Licensee:
DBA:
Sales Tax id:
Licensee � AUTO SALES IN C
--
-BBfk -- .�t�itAND �.Ufi�S�tiCES -- — ---
Project Facilitator: ASUNCION, CORINNE �
! Adverse Action Comments
� 1114P2005 Suspension served. LAB
�t
��
License Group Cammer�ts:
i�011062D09 To CAO far adverse action based on
�� inspection by I{S. CAR
'; �12f24f20�8 KS inspected in response to a complairrt. 48
��ars on the lot, plus �unk storage. Pictures taken. CAR
, �09l10f2dQ7 $2AD0.0� rcud fnr fine. ES
AUTO SALES INC
ALITO SALES
Bus Phone: �(651) 4� 32-5109
Second Hand Dealer - Motor Vehicle
Auto Repair Garage
Licen�e ?�
Licensee
Comments:
Class Effective Expiration
N 04M 2f1999 04M 2FZ009
N �8N1 M 999 04/12�2�09
T�#�I:
Save Changes to History
— --�
I
I
-- -'--�
Conditians License Fee
N $333.00
N $416.00
$7$9.OD
Cancel ; Help
�
License � Licensee � Lic. Types � Insurance i @ond � Requiremer�ts ;
License Licensee f Lia Types # Insurance � Bond ; RequiremerRs i
x
Licensee Name: EARTLAND AUTO SALES INC
DBR: EARTLAND AUTD SALES
Sales Tax Id: , 458�079 — Non-Profit: � dl+orker's Camp: �OONQIQ000
AA Corrtract Rec'd: Oro0N�00 AA Training Rec'd: �OOA7010000
AA Fee Collected: O/OON�00 Discourd Rec'd: !
Licenses
Other Licensing ,4gency Name t License
State of Minnesata ! Dealer Number
i
Properties ..
Financisl Hold Reaso
License # Expiration i 3 Reaso�n � Active Date
23396 p�rU4f0000 '-- � � i
�
Cordacts for this Licensee
Addr. Type Active � Inactive Last Name First Name Title
_ ___. ___ ____ . __ - -- - - - . . __. _..
Business�T,102M 2M 99900�DOIOOOiHEARTLAND AUTC
Other OOiU0�D0002J121199'HEARTLAND AUTt
�
� y
Background Check Required � Cardact Properties... ;
Li��nsa � �90041008
Save Changes to History
---- � Mail License To:
Bus. Phone Ho „�,��ii To Contac
(651) 432-8109 , _'�` License Addre
(612) 701-5441 _, _.__ ...,. _ __., __._
- Mail Im�oice To °
�' Mail To Cor�tec
� � License Addre
Cancel p Help
License Type: ,Second Hand Dealer - Motor Vehicle �; � j License Class: �J
� ;
Effective: �4t12/1999 Expiration: �4M Of12 09 �� Status: �,ctive
Apply Discourd: � Remove Discaunt: 3 Discnurtt Rec'd: r �� Status Changed: �7
; Replace Fee: � # of Units: I 1 � � App lication Date' �72M 211999
JEFFREY
Name
Tag #: j 0
Fields
New 3 �: �
Licen�e a
Trade
Licensee 1 iE.� R TLA N D AUTO SF.LES INC
�9� �1E�R7CI�N�AUTO SACES
Bond � Requiremer�ts �
r
Phane # n Add
III ° � Remo
(651) 266-9083 *✓ '�
Card # I Card
Add Masi
Remoae
CNfdIN
License Type Gommerrts(longj:
J
�
�
Save Changes to Histnry
� 1 of 2 ��
Cancel � Help
License � Licensee Lic. Types � insurance f
a ,
Licensee # IEARTLAN� AUTO SALES INC
DBA , A7�l6�1UT0 SALES
-- -
6and � Requiremer�ts i
ucense Type: �Auto Repair Garage � � License Class: T�1
' Effective: 8�U1 M 999 Expiration: 4l12l2009 �� 5tffius: '�.c
Apply DiscourR: # Remove piscaurR: j Discount Rec'd: ��� Status Changed: iJ4l29C2008
, Replace Fee: � # of Units: 1 1 � I Application Date: �]2M 2J1999
nspectar Mame
SCMIVEINLER,1{RISTIh
HAWKINS, JEFFREY
Name
Tag #: 3 0
Fields
MeW 3 -='.,_.,., ���.,..�
Add Mas
Remov_e
CNNIN
License Type CommentsQong):
� �
�
i
�
Li��nse ?_ �g00010�8
Type Phone # n Add
�License (651)266-9110 -- Remo�re
� ;Zoning (651) 266-9�83 *r � `--
Trade Type � Card # � Card
aa�e �nanges to rns[ory
cC 2012
Cancel � Help
License r Licensee Lic. Types � Insurance �
s
License Group Conditions Text
Licensee: HEARTLAND AUTO SALES INC
� HEARTLAND AUTO SALES
License #: �ggg0001008 �� �
�9
07/06/2009
06/04/2002 Zoning File #0'I-206-105, Approved by operation of MN Stat 15.99 upon the advice of the City Attorney's O�ce • a modificati0n of previously
issued wnditional use peemit (Zoning File #99A'13). Conditions of this peimR.
1. Applicant shall complete site improvements as specified on the attached June 2007 s�te plan Variation of the site plan's specifcations is not ailowed
without prior written consent of the zoning administrator.
2. Subject to normal city review and approval of an accurately scaled site plan meeting the parking layout and landscaping requirements of the Zoning
Code §62.104, the site plan may be revised for shiping of parking spaces on the lot for up to 37 totai vehicles to be parked on the Iot, mcluding up to 31
parking spaces for vehicles for sale and at least 6 parking spaces reserved for employees and custome�s, of which at teast 3 shalf he designated as
customer parking and t as handicapped parking.
3 Except for up to 3 employee parking spaces, parkmg spaces shall be designed to avoid use of the alley as a maneuvering lane per requirements m
§62 1 D4(7) and (9) of the Zoning Code.
4 The buiiding shail be painted and maintained in good condition.
5 Retail auto repair is prohi6ited. The indoor repair 6ays may onty be used for minor repairs in preparation of vehicles for sale
6 Vehicles intended for sale shall not be parked on any street or project into a public right-of-way.
7 Licensee must comply with aii federal, state and local laws
8 All signs must conform to standards in Chapter 66 Signs of the Zoning Code
9 Lighting on the site shall contorm to the standards in §62 110 of the Zoning Code.
10 Hours of operation shall be within 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 Saturday.
11 All conditions hsted above shall be met by November 15, 2002. Compliance with these condihons must be certified by the zoning admimstretor no
later than November 30, 2002 Failure to obtain zoning administrator certification of compliance with these conditions by November 30, 2002, shail render
this permit null and void
(1/6/2•009) Christine Rozek - Heartland Auto
Page 1
- - D�'l� f
From: Kristina Schweinler
- fio: - - - �ozetc, Chr�stine - -- - - - -- - - -
Date: 1(6/2009 9:24 AM
Subject: Heartland Auto
Attachments: Heartland Auto 011.jpg; Heartland Auto OOl.jpg; Heartland Auto 002.jpg; Hea
rtland Auto 003.jpg; Heartland Auto 004.jpg; Heartland Auto OOS.jpg; Heartl
and Auto 006.jpg; Heartland Auto 007.jpg; Heartland Auto 008.jpg; Heartland
Auto 009.jpg; Heartland Auto OlO.jpg
Christine,
These are the pictures I took on 12/24/08. At the time I counted 48 cars on the lot. There was also junk
on the lot that appeared have been there for several days.
tf-/� (
OFFICE OF THE CITY ATTORNEY
John J. Choi, CiryAttomey
SAINT
PAUL CITY OF SAINT PAUL Civilpivisfon
� ChristopherB. Coleman, Mayor 400 City Hall Telephone� 657 266-8710
l5 West Kellogg Blvd Facsimi(e: 657 298-5619
AAAA Saint Paul, Mmnesota 55102
January 15, 2009
NOTICE OF VIOLATION
Nasseh Ghaffari
Heartland Auto Sales
1236 Arcade Street
St. Paul, MN 55106
RE: Auto Repair Gazage and Second Hand Dealer-Motor Vehicle licenses held by Heartland
Auto Sales, Inc. d/b/a Heartland Auto Sa1es for the premises located at 1236 Arcade
Street in Saint Paul
License ID #: 19990001008
Dear Mr. Ghaffari:
The Department of Safety and Inspections (DSI) has recommended adverse action against
the Auto Repair Garage and Second Hand Dealer-Motor Vehicle license held by Heartland Auto
Sales, Inc. d/b/a Heartland Auto Sales for the premises located at 1236 Arcade Street in Saint
Paul. The basis for the recommendation is as follows:
On December 24, 2008, a DSI Inspector visited Heartland Auto in response
to a complaint with regard to too many vehicles parked on your lot. She
noted there were forty-eight (48) cars on the lot and outside storage of tires
and other debris, This is a violation of license condition #2 which states:
"Subject to normal city review and approval of an accurately scaled site plan
meeting the parking layout and [andscaping requirements of the Zoning Code
§62.I04, the site p[an may be revised for striping of parking spaced on the lot
for up to thirty-seven (37) total vehicles to be parked on the [ot, including thirty-
one (31) parking spaces for vehicles for sale and at least six (6) parking spaces
reserved for employees and customers, of which three (3) shall be designated as
customer parking and one (1) as handicapped parking. "
AA-ADA-EF,O F.mnlnver
Heartland Auto Sales
January 15, 2009
Page 2
O`1 �(
On August 8, 2007, the St. Paul City Council imposed a$2,000.00 matrix penalty and
thirty (30) day suspension for a previous adverse action but suspended twenty-five (25) of the
days for twenty-four (24) months on the condition that there aze no further violations (Resolution
#07-714). Since there has been a violation within twenty-four (24) months, the licensing office
considers this a second violation and wiil recommend a$1,000.00 matrix penalty and imposition
of the original twenty-five (25) day suspension.
At this time you have two options on how to proceed:
If you wish to admit the facts but contest the penalty, you may 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 public hearing. We will need to
receive your letter by Monday, January 26, 2009. The matter will then be
scheduled before the City Council £or a public hearing to determine whether to
impose the $1,000.00 matrix penalty and twenty-five (25) day suspension. You
will have an opportunity to appeaz before the Council and make a statement on
your own behalf.
2. If you dispute the above facts, you can request a hearing before an Administrative
Law Judge. At that heazing both you and the City will be able to appeaz and
present witnesses, evidence and cross-examine each other's witnesses. The St.
Paul City Council will ultimately decide the case. If this is your choice, please
advise me no later than Monday, January 26, 2009, and I will take the necessazy
steps to schedule the administrative hearing.
If you have not contacted me by that date, I will assume that you do not
contest the imposition of the $1,000.00 matrix penalty and twenty-five (25) day
suspension. In that case, the matter will be placed on the Council's Consent Agenda
for approval of the recommended penalty.
If you have any questions, feel free to contact me at 266-8710.
Sincerely,
1�+��' t �
Rachel Tierney
Assistant City Attorney
cc: Christine Rozek, Deputy Director of DSI
Nasseh Ghaffari, 13443 Flagstaf Avenue, Apple Valley, MN 55124
Ms. Leslie McMurray, Executive Director, Payne Phalen District 5 Planning Council
1014 Payne Avenue, St. Paul, MN 55101-3933
AA-ADA-AR(1 Fmnlnver
STATE OF MINNESOT ' 1
) ss.
COUNTY OF RAMSEY )
AFFIDAVIT OF 5�,..VICE BY U.S. MAIL
��� � �
Julie Kraus, being first duly sworn, deposes and says that on the 15�' day of .Tanuary, she
served the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in an
envelope addressed as follows:
Nasseh Ghaffari
Heartiand Auto Sales
1236 Arcade Street
St. Paul, MN 55106
Nasseh Ghaffari
13443 Flagstaf Avenue
Apple Valley, MN 55124
Ms. Lesiie McMurray, Exec. Director
Payne Phalen District 5 Planning Council
1014 Payne Avenue
St. Paul, MN 55101-3933
(which is the last known address of said person} depositing the same, with postage prepaid, in the
United States mail at St. Paul, Minnesota.
7u1' Kraus
Subscribed and swom to before me
this 15�' day af January, 2009
��� ,/�/ - o�%��.c�����
✓ N�azy Public
RITA M. BOSSARD
lDTARYPUBLIC • MINNESOTA
MY COMMtSSION
DCPIRESJAN.37,2010 �
RESOLUTION
OF SAINT PAUL, NIINNESOTA
Presemed By
!3
� WF�IZEAS, Heaitland Auto Sales, Inc., d/bta Heartland Auto Sales (License ID
2 #i 9990041Q08) located at 1236 Arcade Street in Saint Paul received a Notice of Violation dated
3 Apri123, 2607, for vioiation of License Condition Number 2 on Sanuary 3, 2007 and violation of
4 License Condition 1Vumber 6 on December 19, 2007, February l, 2007 and March 21, 2007; and
�
10
11
12
13
14
15
lb
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
WE�REAS, a h Paring was held before an Administrarive I,aw Judge on June 12, 2007,
Each parEy was represenied by Counsel; and
WHEREAS, a Report was issued on June 26, 200'1, in which the Admiiusirative Law
Judge found that there was sufficient proof of the violation of License Condition Nuxnber 2 and
of violafion of License Condition Number 6 on Febniary 1, 2007 and Mazch 21, 2007; and
insufFicient proof of violation of License Condition Number 6 on December 19, 2007; and
WF�REAS, the Administrative Law Judge also found that adverse action is appropriate;
and
WfIEREAS, at a public hearing on Juiy 18, 2007, the Council of the City of Saint Paul
considered all the evidence contained in the record for both hearings, the ALJs' Findings oP Fact,
Conclusions of Law, and Recommettdations, and the oral arguments presented before ttie
Council; aow, thexefore, be it
RESOLVEB, that the Council of the City of Saint Paul issues this decision based upon
consideration of the record of tke entire proceedings herein, including the hearings before tke
ALJ on June 12, 2007, alI the documents and e�ibits introduced therein, the Findings of Fact
and Conclusions of Law as referenced above and amended below, the oral argument from the
3uly 18, 2007 public fleuing and the deliberations of tl�e council in open session of that hearing;
andbeit
FIJRTHER RESOLVED, that the Findings of Fact, Conclusions of Law and
Recommendation of the Aduiinistrative Law Judge in this matter aze hereby adopted as the
Findings and Conclusions of the City Counoil in this matter; except Finding of Fact Number 22
and Conclusion Number 15 which aze not adopted by the City Council, and be it
FURTHER RESOLVBD, that deviation from the penalty matcvY in St. Paul Leg. Code §
310.05 is appropriate because this adverse acrion contained muitiple viotations, the prior adverse
action contained multiple violations, and the licensee has an extensive history of violations; and
be it
FURTHER RESOLVED, that a&ne of $2000.60 and a thirty (30) suspension of atl
licenses is imposec3 againsY a(l licenses held by Heartlan@ Auta Sales, Inc., d/b/a Heartland Auto
Sa1es (License ID#19990001008) located at 1236 tlrcade Street in Saint Paul however twenty-
five (25) days of fhe suspension is suspended for 24 months on the condition that there be no
further violations; and be it
FiJRTHER RESOLVED that the $2000.00 fine be paid within 30 days of the passage and
approval of this resolution; and be it
Councit File # �
Green Sheet # '3 .�� �
v�-i� �
i
2
3
r 4
_ J
6
FTJRTHER RESOLVED that the five (5) day suspension af all licenses shall begin at
12:01 a.m. on August 29, 2007 and shall continue until 11:59 p.m. on September 2, 2007_
.
- A copy of t�u's resolurion, as adopted, shall be sent by first class mail to the
Administrative Law 3udge and to the license hoIder.
� � ��
_ _ F_
ftequested by Depamnent oS:
Adoption Certified b�y C�ou
B y' -�L�LHf1
Approved by M Date �
BY
� ' ` 9 u.�.a�.e� I� � �i
Fom
By
Fom
By.
Chapter 310. Uniform License Procedures
Page 1 of 3
� �� �
m) Presumptive penalties for certain violations. The purpose of this section is to establish a
standard by which the city councii determines the amount_o_f_ fnes_ th_e_length-uf�icens�.
-- - svspensian�arsd the propne y o�ocations, and shall appiy to all license types, except that in
the case of a violation involving a liquor license § 409.26 shall apply where a specific violation is
listed. These penaities are presumed to be appropriate for every case; however the council may
deviate therefrom in an individuai case where the council finds and determines that there exist
substantial and compelling reasons making it more appropriate to do so. When deviating from
these standards, the council shall provide written reasons that specify why the penalty selected
was more appropriate.
TABLE INSET:
Type of Violation Appearance
1st 2nd 3rd 4th
$2 000.00 fine
(1) Violations of conditions $500.00 fine $1,000.00 and 10-da Revocation
placed on the ficense fine y
suspension
(2) Violation of provisions of $500.00 fine $1,000.00 $2,000.00 fine Revocation
the Iegislative code relating fine and 10-day
to the licensed activity suspension
(2) Violation of provisions of
the legislative code relating $5Q p0 fine $2,000.00 fine
to the licensed activity, $1,000.00 and 10-day Revocation
other than violations of the fine
food code suspension
(3) Failure to permit 5-day 10-day 15-day Revocation
entrance or inspection by suspension suspension
LIEP inspector or police suspension
(4) Commission of a crime
other than a felony on the $�00.00 $1,500.00 5-day Revocation
premises by a licensee or suspension
employee
(5) Commission of a felony
on the premises by a $2,000.00 Revocation n/a n/a
licensee or employee
(6) Death or great bodily 30-day 60-day
harm in estabiishment suspension suspension Revocation n/a
related to violation of law or
license conditions
(7) Failure to pay license Revocation
fees
(8) Critical violations under $1,000.00, 5- Revocation
331A $250.00 $500.00 day
suspension
(9) Non-critical violation $150.00 $250.00 $500.00 $1,000.00
under 331A
(i) Fines payable without hearing .
A. Notwithstanding the provisions of section 310.05(c), a licensee who would be
making a first or second appearance before the council may elect to pay the fine
to the DepaRment of Safety and Inspections without a council hearing, unless the
http://library4municode.com/4472/DocView/10061/1/317/318 1/26/2009
Chapter 310. Uniform License Procedures
Page 2 of 3
fl�-i� r
notice of violation has indicated that a hearing is required because of
circumstances which may warrant deviation from the presumptive fi ne amou
. -
�Ym��x g� "' �' be a waiver of the
hearing to which the licensee is entitled, and will be considered an "appearance"
for the purpose of determining presumptive penalties for subsequent violations.
B. For adverse action initiated under Chapter 331A of this Code, a fine may be
paid without a hearing regardless of how many prior appearances that licensee
has made before the Council. The above council hearing requirement applies to
violations under Chapter 331A unless the fine recommended by the Department
of Safety and Inspections is equal to or less than the fine amount outlined in the
above matrix. Payment of the recommended fine will be considered to be a
waiver of the hearing to which the licensee is entitled, and wili be considered an
"appearance" for the purpose of determining presumptive penalties for
subsequent violations. A non-critical violation under chapter 331A shail not be
considered an "appearance" for purposes of determining presumptive penalties
for non-331A violations. A council hearing is required if the Department of Safety
and Inspections recommends a fine that is an upward departure for the amount
outlined above.
(ii) Multiple violations. At a licensee's first appearance before the city council, the
council shall consider and act upon all the violations that have been alleged and/or
incorporated in the notices sent to the licensee under the administrative procedures act
up to and including the formai notice of hearing. The council in that case shall consider
the presumptive penalty for each such violation under the "1st Appearance" column in
paragraph (b) above. The occurrence of multiple violations shall be grounds for
departure from such penal6es in the council's discretion.
(iii) Violations occurring after the date of the notice of hearing. Violations occurring
after the date of the notice of hearing that are brought to the attention of the city attorney
prior to the hearing date before an administrative law judge (or before the council in an
uncontested facts hearing) may be added to the notice(s) by stipulation if the licensee
admits to the facts, and shall in that case be treated as though part of the "1st
Appearance." In all other cases, violations occurring after the date of the formal natice of
hearing shali be the subject of a separate proceeding and dealt with as a"2nd
Appearance" before the council. The same procedures shall apply to a second, third or
fourth appearance before the council.
(iv) Subsequent appearances. Upon a second, third or fourth appearance before the
council by a particular licensee, the council shall impose the presumptive penaity for the
violation or violations giving rise to the subsequent appearance without regard to the
particular violation or viofations that were the subject of the first or prior appearance.
However, non-criticai violations of Chapter 331A shall not be counted as an
"appearance" before the Council in relation to any violation other than another violation
of Chapter 331A.
(v) Computation of time.
(1) If a licensee appears before the council for any violation in paragraph (m)
where that violation has occurred within twe�ve (12) calendar months after the
first appearance of the same licensee for a violation listed in paragraph (m)
above, the current appearance shall be treated as a second appearance for the
purpose of determining the presumptive penaity.
(2) If a licensee has appeared before the council on two (2) previous occasions
for violations listed in paragraph (m), and if said licensee again appears before
the council for a violaiion listed in paragraph (m), and if the current violation
occurs within eighteen (18) calendar months of the violation that gave rise to the
http://library4.municode.com/4472/DocView/10061/1/317/318 1/26/2009
Chapter 310. Uniform License Procedures
Page 3 of 3
C�9-141
first appearance before the council, then the current appearance shall be treated
as a th'ssd appearance for the purpose of determining presumptive penalty.
- -- ---- -
- ----- � �appearecrbefore the council on three (3) previous
occasions, each for violations listed in paragraph (m), and if said licensee again
appears before the council for a violation contained in paragraph (m), and if the
current violation occurred within twenty-four (24) calendar months of the violation
that gave rise to the first appearance, then the current appearance shall be
treated as a fourth appearance for the purpose of determining the presumptive
penaity.
(4) Any appearance not covered by subsections (1), (2) or (3) above shalf be
treated as a first appearance. In case of multiple violations in any appearance,
the date to be used to measure whether twelve (12), eighteen (18), or twenty-four
(24) months have elapsed shail be the date of the violation last in time at the first
appearance, and the date of the violation first in time at any subsequent
appearance.
(5) Notwithstanding subsections (iv)(1), (2), (3) or (4) above, a second
appearance before the council regarding a death or great bodily harm in a
licensed establishment that is related to a violation of the law or license
conditions shait be counted as a second appearance, regardless of how much
time has passed since the first appearance if the first appearance was also
regarding a death or great bodily harm in a licensed establishment. A third
appearance for the same shail be counted as a third appearance regardless of
how much time has passed since the first or second appearance.
(Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659,
§ 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. No. 94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13-
94; C.F. No. 94-1340, § 2, 10-19-94; C.F. No. 95-473, § 4, 5-31-95; C.F. No. 05-180, § 1, 4-6-05; C.F.
No. 06-954, § 1, 11-8-06; C.F. No. 06-1072, § 1, 12-27-06; C.F. No. 07-149, § 73, 3-28-07; C.F. No. 07-
1053, § 1, 11-28-07)
http://library4.municode.com/4472/DocView/10061/1/317/318 1/26/2009
Council File #
Greeu Sheet # Q ,s
RESOLUTION
OF SAINT PAUL, MINNESOTA
1 WHEI�AS, adverse action was taken against the Auto Repair Garage and Second Hand Dealer-
2 Motor Vehicle lic�nses held by Heartland Auto Sa1es, Inc. d/b/a Heartland Auto Sales (License ID
3#19990001008) for ��ie premises located at 1236 Arcade Street in Saint Paul by Notice of Violation dated
4 January 15, 2009, alle�ing licensee had foriy-eight (48) cars on the licensed premises in violation of
5 license condition #2; and�,
6
7 WHEREAS, this was e second violation within twenty-four (24) months, per Saint Paul
8 Legislative Code §310.05 (m)(�1 ,the licensing office recommended a$1,000.00 matrix penalty and
9 imposition of the twenty-five (25)�lay suspension per Council Resolution #07-714.
10 \
11 WHEREAS, the licensee did respond to the Notice of Violation to request a hearing which was
12 held on Februazy 18, 2009; now, therefore, be it
13
14 RESOLVED, that the Auto Repair Ga'�age and Second Hand Dealer — Motor Vehicle licenses held
15 by Heartland Auto Sales, Inc. d/b/a Heartland A�ito Sales are hereby suspended for twenty-five (25) days.
16 Said suspension shall become effective at 12:01 a:�n. on Wednesday, March 11, 2009 and last until ll:59
17 p.m. Saturday, Apri14, 2009. `\
18 �'�,
19 FURTHER RESOLVED, the licensee is ordered'�to pay a matrix penalty of $1,000.00. Payment of
20 such penalty shall be made within thirty days of the date a� the adoption of this resolution.
21
22
23
24
25
26
This resolution, and action taken above, is based upon�acts contained in the January 15, 2009,
Notice of Violation sent to the licensee and the arguments mad8,at the public hearing on February 18, 2009
Adoption Certified by Council Secretary
By:
Approved by Mayor: Date
..
Requested by Department of�_
���
BY C� k-3��a� {� , W�
Form ved by City Attorn�
By: � T �
Form Ap ed by ay or Su a� 'ss��on to ouncil
B
�
Adopted by Council: Date