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97-326F�, � � ��.r� � � � ��, � i,,; � �'`,� !;'� � Council File # �� — �J �� > �_ { � " Green Sheet # +-1 bZ� RESOLUTION OF SAINT PAUL, MINNESOTA Gl . /1_ /� / � " Presented By Referred To S. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Committee: Date RESOLVED, that the Auto Repair Garage and Second Hand Motor Vehicle Dealer's Licenses held by Hut Thi Le, d/b/a Credit Auto Sales, Inc., for the premises at 859 University Avenue in Saint Paul, are hereby revoked effective upon passage and signature of this resolution. FURTHER RESOLVED, that the findings of fact, conclusions of law and memorandum contained in the Administrative Law Judge Report in this cased, dated January 13, 1997, are expressly ratified and adopted as the written findings and conclusions of the Council in this matter, and the recommendation of the ALJ is hereby adopted. This Resolution is based on the record of the proceedings before the ALJ, including the hearing on December 16, 1996, the documents and e�ibits introduced therein, and the deliberations of the Council in open session on February 26, 1997. A copy of this resolution, as adopted, shall be sent by first class mail to the Administrative Law Judge and to Hut Thi Le. Requested by Department of: By: Form Approved by City Attorney Adopted by Covncil: Date � q Adoption Certified by Council Secretary By : �h f i. f . c�,�,.,� g'`� . � �t B �'��a' Approved by Mayor for Submission to Approved by Mayor: Date �` p+�<� Council � �� \ By: By: �Irl -3�.� ��4 DEWWTYENTADFFICHCOUNQL DATEINITIATED GREEN SHEET Ci CouncIlOffices 3-25-1997 COMACT PERSON & PHONE INITIAVDATE INITIAVDATE �DEPAFiTMENTDIRE OCINCAUNCIL Jerry Blakey, 266-8610 ASSIGN � pTYATTORNEY � C17V CLERK MUST BE ON CAUNCIL AGENDA BV (DATE) pOUTING� � BUDGET DIFECTOfl O FIN. S MGT. SEMICES DIR. A II� • z� 19�I OflOEfl � MAYOR (Ofl ASSISTANT) � P� TOTAL # Of SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATUR� ACTION PEQUESTED: Finalizing City Council action taken on February 26, 1997, concerning adverse acflon against licenses held by Hut T7u Le, DBA Credit Auto Sales, Inc., 859 University Avenue. RECAMMENDATIONS: Approva (A) or Faject (P) pERSONAL SERVICE CONTRACTS MUST ANSWEH THE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL SEAVICE COMMISSION �� Has this personttirm ever worked under a contract for this department? _ CIB COMMfITEE YES NO _ S7AFF 2. Has this person/firm ever been a ciry employee? — YES NO _ DISTRICT COURr _ 3. DOes thiS pefson/fifm posseSS a Skill n0f nOrmdll y possessed by any curreM city employee? SUPPORTS WNICH COUNCIL O&IECTIVE? VES NO Explain all yea answers on separete sheet anE attach to green sheet INITIATING PROBLEM, ISSUE, OPPEIRTUNITV (Who, Whet, When, Where. Why): R,ECE�� _ �IAR 2 g �, IERRY g� ADVANTAGESIFAPPROVEQ. DISADVANTAGES IFAPPROVED: � ��.�� #�� Ii3�t�SS`� � `v' �� DISADVANTAGES IF NOTAPPROVED � TO7AL AMOUNT OFTRANSACTION $ COS7/pEVENUE BUDGETED (CIRCLE ONE) VES NO FUNDI(8G SOURCE AC71VI7Y NUMBER FINANCIAL INFOflFAATION' (EXPLAIN) �_ ,. , , OFFICE OF T'f� CITY ATTORNEY Tunothy E. Mas.K Ciry Atlorney CITY OF SAINT PAUL Norm Colenwn, M¢yor January 30, 1997 Civi! Division 400 Ciry Hall ]S i�est Kellogg Btvd Sabtt Pau1, M"mnesota 55702 NOTICS OF COIINCIL HEARING Hut Thi Le Credit Auto Sales, Inc. 859 University Avenue West Saint Paul, Minnesota 55104 �l` 3� � Tekphone: 612 266-8770 Facsimile: 6I2198-5679 Re: Al1 Licenses held by Credit Auto Sales, Inc. d/b/a Credit Auto Sales, Inc. for the premises located at 859 University Ave. West, St. Paul License ID No. 17775 ' Our File Number: G96-0456 Dear Mr. Hut Thi Le: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned license has been scheduled for 4:30 p.m., Wednesday, February 26, 1997, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written argument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions £iled, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, ��/ � t� Virginia D. Palmer Assistant City Attorney cc: Hut Thi Le, 1801 Winnetka Nancy Anderson, Assistant Robert Kessler, Director, Christine Rozek, LIEP Ave. N., Golden Valley, MN 55427 Council Secretary, 310 City Hall LIEP Michael Samuelson, Exec. Director/Community Organizer, Thomas- Dale/Dist. 7 Planning Council, 369 University Ave., St. Paul, MN 55103 . � ._ . �� cCrl -�3� • JAY 1 � ;997 �� Fii2 No. 57-2111-7082� 3 STATE OF MINNESOTA OF-►CE OF ADM{t�l1STRATIVE HEARlNGS FOR TtiE ST. PAUL CITY COUNCIL fn re the Licenses of Credit Auto - Sales, inc. d/b/a Credii Auto Sales FINDINGS OF FACT, inc. for the premises located at CONCLUS{ONS OF LAW 859 University Avenue West AND RECOMMENDATION St. Pau(, Minnesota The above entit(ed matter came on for hearing be#ore Administrative Law Judge James H. Ranum on December 16, 1996 at 9:30 a.m. in Room 1503, City Nall Annsx, 25 West Fourth Street, St. Paul, Minnesota. Virginia 0. Pa(mer, Assistant St. Paui City Attorney, 400 City Hall, 15 West Ke4logg Boulevard, St. Paul, Minnesota, appeared on behalf of the Office of License, lnspectios�s and Environmental Protection. The license holder, Hut Thi Le, for the ¢remises located at 859 University Avenue West, SY. Paul, Minnesota, did not appear at the hearing. The record ciosed on December 16, 1996. These Findings and Conc(usions may be appealed to the St. Paul City Counci! by any aggrieved person by fiiing a notice with the City Clerk. The appea( wi!! then be �iE �� -3 �-� scnecu!ed for a near;nu at :;,e nex; CiP� C::unc;; .,,��::r:_ .,.�„� �„�� ;��,;s;cr=_ v�� contained in Section 331.05(m){5), St. �aul Legisi2tive Cede. STATEs'NENT OF 1SSUE The issue fo be determined in this case is whether grounds exist to support the assessment of penalties against Credit Auto Sales, Inc. FINDINGS OF �ACT 1. Credit Auto Sales, Inc. doing business as Credit Auto Sales, Inc. is located at 859 University Avenue West, St. Paul, Minnesota. 2. On April 12, 1996, the site at 859 University Avenue West, St. Paul, Minnesota was inspected to determine if conditions for secondary car sales zoning could be met for the reterenced business. 3. On Apri( 12, 1996, the inspectors determined the foliowing: {a) Six vehicles were parked in such a way as to be in violation of the site plans. (b) Customer and employee parking spaces were not clearly marked. (c) 4iandicapped signs were not posted fos parking. {d) There were no curb cut improvements on Victoria Avenue. (e} The trash dumpters were not enclosed with appropriate fencing. 4. At some time fol{owing Apri1 12, i996, whife photographing the site, an inspector observed an individuaf come out of the building at 859 University Avenue West. The inspector approached the individuaf by way of the partiafiy opened gate on University �'� o�� _� a-t� Avenue. The individu2i did net seeak :o .h° inspector but went ir,sic° :he �uiicinc. -�,a inspectorfo!lowed the individual to the giass door and announced thGt he was an inspec:or for the City of St. P2ul and preseni2d his business card and badge zhrough the wincow. The individual then locked the door. When the inspector again announced who he was he was told to "Go away". 5. On September 5, 7950, the area was inspected and the following was fcund: (a) Eighteen venicles were observed stored on the lot. This was in violation of the condition of the lic°nse that no more than 13 vehicles be stored. (b) Several engines and vehicle parts were observed outside the building and additionaily a vehicle was up on blocks being repaired. These were violations of the conditions of the license that there was to be no exterior storage of vehicle parts and that any outdoor repair of vehicles was prohibited. (c) The trash receptacles were sti(i not screened with the appropriate fence required by the lease conditions. 6. License inspectors and zoning personnel were refused entry into the building on severai occasions between April and September 1996. 7. Numerous times during the Aprii to September 1996 period an inspector visited Mr. Hut Thi Le to explain that he was in violation of the conditions. The inspec#or -3- q`l -� a � �x�iair,�C ; �cmv io come ir,o c�nformiiy with the corditions. However, the cor.ditions were never correc:ed. 8. On Apri1 11, 1596, at 2:20 p.m., poiice officersvisited the site. 'fhey recorded a:otal of 28 cars outside with four of them be+ng on the side�Naik area next to the business. 9. On September 16, 1�96, at 3:00 p.m., there were 21 cars in the lot and seven on the street area �or a iotai oi 28 cars. 10. On September 24, 159^0, at 1:30 p.m., a total of 21 cars were present with three on the street. 11, On that date, several males were loitering in the lot. The individuals did not appear to be working. 12. On September 26, 1996, at 5:14 p.m., there were 16 cars inside and three cars outside. 13. On September 27, 1996, at 7:00 p.m., there were 17 cars inside and four outside. 14. On September 28, 1996, at i:45 p.m., there were 17 cars inside and three cars outside. i5. On October 3, 1996, at 2:56 p.m., there were 18 cars inside and four cars outside. 16. By September 6, 1996, the City Attorney's office had began the procedure for adverse action against the licens2e. � �� -� � � c:;r�c�:�s�cr�s 1. The Aamir;�s�r2tive La�v Judge has iurisdiction in this matter pursuant to Section 331.05(m)(4) oT :ne St Paul Legislaiive Code and Minn. Stat. 14.55. 2. The Notice of Hearing was proper and the City has complied with all other substantive and procedural requirements of law or rule. 3. The Council of the C+ty ef St. Paul has the author+ty to orovide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, inciuding Sections 310.05 and 370.06, of the St. Paul Legislative Code. Adverse action may include revocation, suspension, fines and other penalties or conditions. RECOMMENDATION 1. The license should be revoked. Dated this \� day of '� , 1997. � H. RANUM trative Law Judge -5- �� -�a� ,'VIE�/ICRAtVDLM �F' ;','/ The recommendation for revccation is hars�. However, it aQpears �hGt :he iicer,s2 hoider completely iailed to follow directions. An 2xampie of �he compie#e lack of ceooeration w2s manrfested by the inspec:ors not being alicwed on the site. !t is necessary to communicate to other ?ic2r,s2 hoiders �hat ;he site is no lonaer in business. JHR � STATE OF MINNESOTA �`Z - 3 a-� OFFICE OF ADMII�ISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 January 16, 1996 Fred Owusu City Clerk 170 City Hall 15 W. Kellogg Blvd. St. Paul, MN 55102 Re: In the Matter of the License of Credit Auto Sa4es, 1nc. D/b/a Credit Auto Sales, Inc. OAH Docket No. 57-2111-10823-3 Dear Mr. Owusu: On January 13, 1997, Administrative Law Judge Ranum served the Findings of Fact, Conclusions and Recommendation in the above-entitled matter. Enclosed is the official record, including a copy of the tape recording of the hearing. Our file in this matter is now being closed. Very truly yours, ° �'/�� dl � ��t�',YJx� Nancy M. Thomas Docket Clerk Telephone: 612/341-7615 NT Enc. Providing lmpartial Hearings for Government and C'�zens An Equal Opportuniry Employer ' Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 349-2665 ; G � - 3 �-� AFFIDAVIT OF SERVICE BY bIAIL STATE OF MINNRSOTA ) ) COIINTY OF HENNEPIN } James H_ Ranum, of the City of Minneapolis, County of Hennepin, in the State of Minnesota, being duly sworn, says that on the 13`' of U�--g , 199�, he served the following: �aq1 `�ct�9rnr�S o��Ft�c �'ouC�uSc�U� UF 1.-t�"' N4.-� �l �-2 �[ � � � L�Cy�� \c�i . on a� f or the C"e �� !�"`�" �`(�' bY mailing a copy thereof in an envelope, postage prepaid, and by depositing same in the post office at Minneapolis, Minnesota, directed to said at�ney at: t ��e � \c� '� �q t �vP �s � 5 �-- Q�-c( V�'"`' a,-� 40� �� 1�1� l� c.��,� ��"��°S4 ��- �'""`� /�ti last known address of said �y. Subscribed and swom to me this �-si'h day of �in before , 199� 1aq� �'rI� N, �.,��,., Notary Public 1. c�-� (�( �.._ w. � 4 �f Jam s H. Ranum rli � ' , , � y � � � ti � ,� � ,,., lj!✓'!'1'././'I!�'I./l!!!IlIJl�'lJ'.f' � � � �� _� 2- � File No. 57-2 1 1 1-1 0823-3 STATE OF MINNESOTA OFFfCE OF ADMINIISTRATIVE tiEAR113GS FOR �HE ST. PAUL CITI( COUI3CIL In re the Licenses af Credit Auto Sales, inc. d/b/a Credit Auto Sales, FINDINGS OF FACT, inc. for the premises located at CONCLUSIONS OF LAW 859 University Avenue West AND RECOMMENDATION St. Paui, Minnesota The above entitled matter came on for hearing before Administrative Law Judge James H. Ranum on December 16, 1996 at 9:30 a.m. in Room 1503, City Hall Annex, 25 West Fourth Street, St. Paul, Minnesota. Virginia D. Palmer, Assistant St. Paul City Attorney, 400 City Hall, 15 West Kellogg Boulevard, St. Paul, Minnesota, appeared on behalf of the Office of License, Inspections and Environmental Protection. The license holder, Hut Thi Le, for the premises located at 859 University Avenue West, St. Paul, Minnesota, did not appear at the hearing. The record closed on December 16, 1996. These Findings and Conclusions may be appealed to the St. Paul City Council by any aggrieved person by filing a notice with the Gity Clerk. The appeal wili then be -1- �,�_�a� scheduled for a hearing at the next City Council meeting. These appeal provisions are contained in Section 331.05(m)(5), St. Paul Legislative Code. STATEMENT OF ISSUE The issue to be determined in this case is whether grounds exist to support the assessment of penalties against Credit Auto Sales, inc. FINDIN6S OF FACT 1. Credit Auto Sales, Inc. doing business as Credit Auto Sales, Inc. is located at 859 University Avenue West, St. Paul, Minnesota. 2. On April 12, 1996, the site at 859 University Avenue West, St. Paul, Minnesota was inspected to determine if conditions for secondary car sales zoning could be met for the referenced business. 3. On April 12, 1996, the inspectors determined the following: (a) Six vehicles were parked in such a way as to be in violation of the s+te plans. (b) Custamer and employee parking spaces were nat clearly marked. (c) Handicapped signs were not posted for parking. (d) 7here were no curb cut improvements on Victoria Avenue. (e) The trash dumpters were not enclosed with appropriate fencing. 4. At some time following April 12, 1996, while photographing the site, an inspector observed an individual come out of the building at 859 University Avenue West. The inspector approached the individual by way of the partially opened gate on University y� �� -�a-� Avenue. The individuai did not speak to the inspector but went inside the building. The inspectorfoilowed the individual to the glass door and announced that he was an inspector for the City of St. Paul and presented his business card and badge through the window. The individual then locked the door. When the inspector again announced who he was he was told to "Go away". 5. On September 5, 1996, the area was inspected and the following was found: (a) Eighteen vehicles were observed stored on the lot. This was in violation of the condition of the license that no more than 13 vehicles be stored. (b) Several engines and vehicle parts were observed outside the building and additionally a vehicle was up on biocks being repaired. These were violations of the conditions of the license that there was to be no exterior storage of vehicle parts and that any outdoor repair of vehicfes was prohibited. (c) The trash receptacles were sti(( not screened with the appropriate fence required by the lease conditions. 6. License inspectors and zaning personnel were refused entry+ntothe building on several occasions between April and September 1996. 7. Numerous times during the April to September i896 period an inspector visited Mr. Hut Thi Le to explain that he was in violation of the conditions. The inspector Qc� �� : explained how to come into conformity with the conditions. However, the conditions were never corrected. 8. On Aprii 11, 1996, at 2:20 p.m., police officers visited the site. They recorded a total of 28 cars outside with four of them being on the sidewalk area next to the business. 9. On September 16, 1996, at 3:00 p.m., there were 21 cars in the lot and seven on the street area for a total of 28 cars. 10. On September 24, 1996, at 1:30 p.m., a totai of 21 cars were present with three on the street. 11. On that date, several males were loitering in the lot. The individuals did not appear to be working. 12. On September 26, 1996, at 5:14 p.m., there were 16 cars inside and three cars outside. 13. On September 27, 1996, at 7:00 p.m., there were 17 cars inside and four outside. 14. On September 28, 1996, at 1:45 p.m., there were 17 cars inside and three cars outside. 15. On October 3, 1996, at 2:56 p.m., there were 18 cars inside and four cars outside. 16. By September 6, 1996, the City Attorney's office had began the procedure for adverse action against the licensee. � , ��_32� CONCLUSIONS 1. The Administrative Law Judge has jurisdiction in this matter pursuant to Section 331.05(m}(4) af the St. Pau! Legislative Code and Minn. Stat. 14.55. 2. The iVotice of Hearing was proper and the City has comp{ied with ai{ other substantive and procedural requiremenis ofi law or rule. 3. The Council of the City of St. Paul has the authority to provide for hearings concerning licensed premises and foradverse action against such licenses, under Chapter 310, including Sections 310.05 and 310.06, of the St. Paul Legislative Code. Adverse action may include revocation, suspension, fines and other penalties or conditions. RECOMMENDATION 1. The license should be revoked. Dated this l��day ofi _(�� 1997. J ME� H. RANUM A ' strative Law Judge -5- ��_3�-� MEMORANDUM OF LAW The recommendation for revocation is harsh. However, it appears that the license holder completely failed to follow directions. An example ot the complete lack of cooperation was manifested by the inspectors not being ailowed on the site. It is necessary to communicate to other license holders that the site is no longer in business. JHR � CITY OF SAINT PAUL "- '� � ��' '= � Norn+ Colemm; Mayo� , � �W �:G:' I9 �,� �?� 47 x �-`_' ;..'__",.,_.,.,_ %1v11:.:IJ i, iY._ 4 i�'rit�,,:l;.�i November 15, 1996 OFFICE OF THE CITY ATTORNEY Timothy � Mars, Ciry Attorney � f l J `�r7 Civi! Division 400 Ciry HaII Tekphone: 6I2 266-8710 IS West Kellagg Blvd Facsimile: 612 298-5679 � Saint Pau� M'mnesota 55102 " NOTICL OF HEARING Hut Thi Le Credit Auto Sales, Inc. 859 University Avenue West Saint Paul, Minnesota 55104 Re: Aii Licenses heid by :.redit Auto Sales, Inc. d/b/a Credit Auto Sales, Inc. for the premises located at 859 Uniqersity Ave. West, St. Paul License ID No. 17775 Our File Number: G96-0456 Dear Mr. Aut Thi Le: Please take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises stated above: Aate: Monday December 16, 1996 Time: 9:30 a.m. Place: ' Rm 1503 City Hall Annex 25 West 4th Street St. Paul, AIId 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: 3amea Ranum Fifth Street Towers, Suite 1960 150 South Sth Street Minneapolis, D4d. 55402 Telephone: 333-7579 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.o6, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-intoxicating liquor, authority is � , �1�-�aG also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows: On April 12, 1996, vehicle parking was not consistent with the approved site plan in that vehieles were grouped together at the north ead of the property in the area oa the site plan showa as the driveway. Oa this same date, cuatomer and employee parking were not clearly marked and there was no marking for a handicapped parking space. On April 12, 1996, trash dumpsters were not enclosed with an obseuring fence, in violation of the condition on your license that trash receptacles and dumpsters shall be enclosed with a wood obscuring fence at least six (6) feet high. On September 5, 1996 and September 6, 1996 a licease inspector observed eighteen (18) vehicles stored on the lot. This is a violation of the condition of yous license that no more than thirteen (13) vehicles be stored. . On September 5, 1996 engines and vehicle parts were observed oa the exterior of the building and a vehicle was up on blocks being repaired. These are violations of the conditions on your licease that there be no exCerior storage of vehicle parts aad that aay outdoor repair of vehicles is prohibited. On September 5, 1996 your trash receptacles were sti1Z not screened by the wood obscuriag fence required by the license conditions. License inspectors and zoaing persoanei nave been reiusea entry into the building on several occasioas between April and September 1996. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code Notice of Hearing - Page 2 �l�_� as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City wi11 then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of who�a the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material te$timony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in tlze outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the 3udge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Very truly yours, vV�� Virginia D. Palmer Office of the City Attorney cc: NanCy Thomas, Of£ice of Administrative Hearings 100 Washington Square, Suite 1700, Mpls., MN 55401 Nancy Anderson', Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Michael Samuelson, Exec. DirectorjCommunity Organizer, Thomas- Dale/Dist. 7 Planning Council, 369 University Ave.,, St. Pau1, MN 55103 Notice of Hearing - Page 3" 1 �_ a � / � J �'1� OFFICPs OF ADMINISTRATIV7� HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUI, In re the License of Credit Auto Sales, Inc. d/b/a Credit Auto Sales, Inc. 859 University Avenue West CITY'S PROPOSED EXHIBITS December 16, 1996 TO: Judge James Ranum, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following consti�utes a list of the City`s proposed exhibits for the Administrative Hearing on December 16, 1946. Exhibit No Exh_ No. 1 Exh. No. 2 Exh. No. 3 Exh. No. 4 Exh. No. 5 Exh. No. 6 Exh. No. 7 Description Licensing Report dated April 12, 1996 (2 pp. ) ; Licensing Report dated September 6, 1996 (1 p.): Police Report CN 96-152-226, dated 9/24/96 (1 p.); Police Report CN 96-157-722, dated 10/3/96 (1 p.); Licensing Report dated November 2, 1996 (1 p.); License information regarding Credit Auto Sales, Inc. (1 p.); License Restrictions Inquiry Screen regarding Credit Auto Sales, Inc. ( 2 pp.); �'�,� '� � Exh. No. 8 il photographs of conditions at licensed establishment (exhibits 8a - 8k); Exh. No. 9 Notice of Violation letter dated September 18, 1996, with Affidavit of Service (3 pp.); Exh. No. 10 Letter dated October 8, 1996, with Affidavit of Service (2 pp.); Exh. No. 11 Exh. No. 12 Letter dated October 15, 1996, with Affidavit of Service (2 pp.); Notice of Hearing letter dated November 15, 1996, with Affidavit of Service (5 pp.). Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code St. Paul Legislative Code St. Paul Legislative Code St. Pau1 Legislative Code St. Paul Legislative Code � 310.05 § 310.06 § 310.17 Chapter 401 Chapter g23 Respectfully submitted this 16th day of December, 1996. `��Uz�r�N:ec�,!7� a�rv..v� Virg ia D. Palmer Assistant City Attorney Office of The City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 �` ' i� � Interdepartmental Memorandum City of Saint Paul Date: Aprii 7 2, 1996 To: Kris Schweinler From: Lawrence R. Zangs RE: 859 University Avenue -- License ID# 17775 for Second Hand Dealers Motor Vehicle Business Per your request, Peg Fuller and 1 inspected the site today to determine if conditions of zoning approval were met for the referenced licensed business. The foliowing detaiis the results ofi our inspection: Inspection Time: 10:55 AM Weather Condtion: Overcast • There were twelve vehicles and one delivery truck parked on the site. Condition met. • Six were parked in the general area of the site shown on the approved site plan. The remainder were grouped together at the north end of the psoperty, in the area on the site plan shown as driveway. There was a delivery truck parked in this same area, in front of the overhead door on the west side of the 6uilding. Assessment is that parking of vehicles not generally consistent with the approved site plan. • Customer and employee parki�g space not clearly marked. Handicapped sign not posted for parking space. Condition not met. • The ability for customers to park on the property was blocked by a closed gate on the University Avenue driveway. The access Yo the property from Victoria Street was also blocked by a locked gate and several vehicles. Unable to determine at this time the status of the parking access condition since I was not sure the place was open for business. • No curb cut improvements noted on Victoria Avenue. Applicant has until June 1, 1996 to meet this requirement. • No vehicles observed stored on the street or projecting into the right-of-way. Condition appears to be met at this time. • Severaf tires stored outside on a rack next to neighboring building along the east property line. Exhaust pipe and vehicle bumper observed ouiside dumpster located at the northwest corner of the property. No vehicle repair activity observed outdoor on the lot. Exterior storage situation at time of inspection does not warrant any action but needs to be moni�r- - , In Re the Licenses of Credit Auto Sales, Inc. — d/b/a Credit Auto Sales, Inc. , City's Exh. No. 1 �� • Trash dumpster not enclosed with obscuring fence. Condition not met. While photographing site, 1 observed a black male coming out of the building. Until this time, 1 was unware there was anyone on the premises. 1 approached him via the partially open gate on University. He did not speak to me but went back into the buifding. I followed him to the glass door, announced who I was and presented my business card and badge to him through the window. I observed this individual through the window Iocking the door. When 1 again announced who I was, he told me to "go away". I left the premises immediately. °l � -`J a-� Interdepartmental Memorandum City of Saint Paul Date: September 6, 1996 To: Ginger Palmer - City Attorney � From: Lawrence Zangs - LIEP � RE: 859 University Avenue - Request for adverse action against the Second Hand Motor Vehicle License (Lic. ID#17775) for non-compliance with conditions of the license. We are requesting that the City Attorney's Office begin the procedure for adverse action against the referenced license for the following reasons: • Licensehoider continues to store more "for sale" vehicles on the lot than allowed. The ticense condition limits the number of vehicles to 13. On September 5th and 6th of this year, the license inspector observed 78 vehicles. • Engines and vehicie parts were observed on the exterior of the building and a vehicie was up on blocks being repaired. Both of these are violations of the license conditions. • Trash enclosure not screen in accordance with condition. Owner was notified of this requirement in November of 1995. • The license inspector and myself have both been refused entry into the building and/or premises at various times. (See attached memo dated 4-12-96) Attached with this memo are the correspondence with the applicant and records pertaining to inspection. We also have photographs of site conditions. � � In Re the Licenses of Credit Auto Sales, Inc. ', � d/b/a Credit Auto Sales, Inc. — City's E�. No. 2 �� ST. PAUL POLICE DEPARTMENT � 'J�-C Page of GENERAL REPORT � � �� '� � Occurred Q At� Between: � hrs, on and OCT 49 Crime Lab d Property Room i 9d � //�uGz2c�'�v� _ � _ G�a�i�C.c�"�c1 • C��n �� .��ru-��i_ .�e�- �_ C�o �-n � u c2.n c�. a�i e-r.�na'� �:.�o� �ied� _. �� o;��eo, �57' `� . - � - - --- -- __ _- - Dn . 9- /C- �6_ -- a� 1 �ao._ !�<c-.s ___ r,v_ez_�e.�s�� d ��' - C�a� -�� a.�_, �l aJ � � . ort Y� --- �2ccCc �va.�.�, - cv�ea� 2e�� b.c.,r�t�,a4_� ---- ---- -- --- -- - --- --. _-- ----- - ___ _.— ------ - -- - - --- - �'� 9__ �l� _ 9�,— /saa__h��s --�� r,c�e� _ �Z�. ea� _. . �-n_ _ �o--�_ c� d__ _- - - � _ �n- - ��ee�--- G�- e--i . cz. - �o�. _ ��' C'G�o . � � - - -- - -- -- --- .. --- --- - --- ��__ _ 9-c�_�-2f�---a<� ��sl� h.15 _ C�� o�a./ o�' . ._ o�/ C�1� o� - . th_? �s��"t�2.t , - -_ - - - ---- -- Q -- - - -----. -- � ---- - -- - - - �.��.G�-P/2U...�_____�YI Q--Q.�Q �j� _ __ d�� c�___. .�� - --- U. .�� a � _ _�_ -�c� __�_�____,�% ,� -- a�'�-e� �- _ . �- -- __GJ�-�� - -h a-�- ,- - �►-�'� � Z � � , � S No.: CHF ❑ Hom ❑ Rob ❑Juv ❑ �ord ❑ ID ❑ Lab D/C � Burg ❑ Theft � Prop Q CAU � p&F Q Auto �N�i� �� fi�/\_ � t �.��.�: Rec �Team � i oao ❑ co In Re the Licenses of Credit Auto Sales, Inc.l '— d/b/a Credit Auto Sales, Inc. � City's Exh. No. 3 � ST. PAUL POLICE DEPARTMENT �� _ � � Page I ot GENERAL REPORT �d. /9a�.�� o � a-nd ,�i,eG�-id.ca` __ � �o�- . _ _ ___ - - -- ---- -- -. __ _ _ - -- ._ _ _.._-_ ___ . ___. `?J , �_� � �.� �n .�.e_ _ __ _ _ __.. _- . -- - _ � -�?!� - 9lp//7�5 rt�e�s _ __ /l e� _ .. utcud.2..,_ _ . �' _ea�o ._ o-u,�cL.e _ _ _ - - - -- _ _ _ ___ � d 7- 9��soo_ ,s'.�s_ _ _ ._ /% .__C'�o ...c�da_ r- � �a.ia.. . o-*�z__ -- - _ _ _ _ _ ___ - - - - - -.. 9-a�'- 9�_� . �3_!F� . N�s ._ _ /7 Gea�o uzo.� �C.e.�_ _ a �.._e_a�-o _ �-� _ _ - _ _ -- _ - _ - - >o -.3 - RlP f /_�.51� - - !'�. � r.�de r . __. °� �a__�0--- �-r,c.`tac�C.e _�--- _ _ _ __- --- --- --- -- -- --- ---- �c�o __ c�cl.e �O --L!�-- }��uk.ed _ � �!�'.ec.n�- _ � °�'�� Z �� . ��Q_ _ �C.s�c�.._____ .CLi`� �- d�'t.Ga _ ��cf _ �c� _ _ �- ��. . L+ E , �2-. _ . . eE��Lt.('� ItIA� / �D____ �L��Ls�:G�LL� »__..___—__ ---- -- - --� . . — �1 �� --.-�h.c� - .__ _ . _ _ _ � �-r<ci?c� v � � �- _ ��°-�- ----�,� � � - a�� -- � --- ,G-� � _. _ _ �-_. __ , _ _�u��_/.��____�,��.�'_ _ � No.: BflF ❑ Hom ❑ �ob ❑Juv ❑ Coord ❑ ID ❑ Lab �F(ec D/C ❑ Burg � Theft � Prop Q CAU ❑ F&F � Auto ❑ DAO co In Re the Licenses of Credit Auto Sales, Inc. iaa — dJb/a Credit Auto Sales, Inc. —, Su;a City's Exh. No. 4 �''H� i ��ri: �$433 . rv.��..�. 'W,. �%:'�"' ' ...�vr R'.l° :' .�� .nn� :::. . .::.v: yv '�.e�" �.�. �AS`.�. �h9 :�'P'�1„'il,ab� n4`: ArrestNumber - LastName Flrst Middle Address DOB Age Sex Race CITY OF SAINT' PAUL Norm Coleman, Mapor • November 2, 1995 Hut Thi Le Credit Auto Sales, inc. 859 University Avenue Sai�t Paul MN 55104 OFFICE OF LICENSE, INSPECTIO;�S AND nr �/� ENVII201.MEMALPROTECf10N Gt`�^'J�° Ro6en Kessler, Di�ec+or LOWRY PROFESS70,4;1L Telephone: 612-266-9090 BUILDIhG Facsimile: 672-266-9099 Sui:e 3Q0 612-266-9724 350 Sr. Perer Street Saint Pau[, Miimesow 55702-I570 RE: 859 University Av - Lic.ID# 17775 for a 2nd hand motor vehicie dealership. Mr. Hut Thi Le: We grant zoning approval for the referenced license subject to the foilowing conditions: 7. The number of vehicles for sale on the lot at any time may not exceed (13) thirteen. 2. Customer/emptoyee pask+ng and vehicle display sfiall semain consistent with the layout iilustrated on the approved site plan. See enciosed site pian. 3. The existing curb-eut on University shali be maintained open to its full width t26 feet) during business hours. This driveway is needed for proper ingress and egress to the site and for internal vehicle movements. 4. A new curb-cut, at least 14 feet wide shati be instalied to align with the overhead door on Victoria Street. The curb-cut must be constructed to city specifications with a permit issued by the Public Works Side Waik Division. This construction must be completed by a license contractor, no later than June 1, 1996. 5. Vehicies associated with the business may not be stored in or project over the pubiic right-of-way. 6. There shatl be no exterior storage of vehicle parts. The repair of any vehicte outdoors J is aiso prohibited. 7. Trash receptacles/dumpsters shall be enclosed with a wood obscuring fence at Ieast (6� six feet high. Be advised that failing to comply with these conditions couid be grounds for revocation of your license. if you have any questions, piease call rrie at 266-9083. �1�- Lawrence R. Zangs Zoning Technician � � In Re the Licenses of Credit Auto Sales, Inc. dlb/a Credat Auto Sales, Inc. Cfltv's Exh. No. 5 ; �t � - ��"� Lic ID ................... STAT ..................... Business Name......,..... Address .................. Zip...................... Doing Business As........ License Name ............. E� Date ................. Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ 17775 RS CREDIT AUTO SALES INC 859 UNIVERSITY AVE W 55104 CREDIT AUTO SALES, INC. SECOND HD DLR-MTR VEH AUTO REPAIR GARAGE 10/31/96 OWNER 13113 PH NOTICE SET UP FOR 11-29-95 SENT OLTP 11-07-95 28 MAILED, 33 EMAILED, 2 INTEROFFICE 11/29/95 PH ON APPN FOR NEW AUTO REPAIR GARAGE AND 2ND HD DLR-MV APP'D W/RESTRICTIONS C.F. #95-1400 Tax Id ................... 2230731 Worker Comp Exp Date..... Telephone ................ 227-4493 Press <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° � � In Re the Licenses of Credit Auto Sales, Inc. � — d/b/a Credit Auto Sales, Inc. —. City's Exh. No. 6 .. .:. .. q�-7a� RESTRICTIONS INQUIRY SCREEN LICENSE ID: 17775 DBA:CREDIT AUTO SALES, INC. NOTE: l:l. THE NUMBER OF VEHICLES FOR SALE ON THE LOT AT 2:ANY TIME MAY NOT EXCEED THIRTEEN (13). 3:2. CUSTOMER/EMPLOYEE PARKING AND VEHICLE DISPLAY 4:SHALL REMAIN CONSISTENT WITH THE LAYOUT 5:ILLUSTRATED ON THE APPROVED SITE PLAN. 6:3. THE EXISTING CURB-CUT ON UNIVERSITY SHALL BE 7:MAINTAINED OPEN TO ITS FULL WIDTH (26 FEET) DURING S:BUSINESS HOURS. THIS DRIVPNTAY IS NEEDED FOR 9:PROPER INGRESS AND EGRESS TO THE SITE AND FOR lO:INTFRNAL VEHICLE MOVEMENTS. 11:4. A NEW CURB-CUT, AT LEAST 14 FEET WIDE SHALL BE 12:TNSTALLED TO ALIGN WITH THE OVERHEAD DOOR ON 13:VICTORIA STREET. THE CURB-CUT MUST BE CONSTRUCTED 14:T0 CITY SPECIFICATIONS WITH A PERMIT ISSUED BY THE 15:PUBLIC WORKS SIDEWALK DIVISION. THIS CONSTRUCTION Date: Sep 16 . � In Re the Licenses of Credit Auto Sales, Inc. d/b/a Credit Anto Sales, Inc. ; City's Egh. No. 7 � � . . �{� -�a� Date: Sep 16 RESTRICTIONS INQUIRY SCREEN LICENSE ID: 17775 DBA:CREDIT AUTO SALES, INC. NOTE:I6:MUST BE COMPLETED BY A LICENSED CONTRACTOR, NO 17:LATER THAN JUNE 1, 1996. 18:5. VEIiICLES ASSOCIATED WITH THE BUSINESS MAY NOT 19:BE STORED IN OR PROJECT OVER THE PUBLIC RIGHT-OF- 20:WAY. 21:6. THERE SHALL $E NO EXTERIOR STORAGE OF VEHICLE 22:PARTS. THE REPAIR OF ANY VEHICLE OUTDOORS IS ALSO 23:PROHSBITED. 24:7. TRASH RECEPTACLES/DUMPSTERS SHALL BE ENCLOSED 25:WITH A WOOD OBSCURING FENCE AT LEAST SIX (6) FEET 26:HIGH. 27: 28; 29: 30: ' c( � ,� 2-� � a � � � � �. � V C o i-. � �� R ^� O �oz �, w � , w�k o � W � d y rn j. � � �� U R a"s �a � .� � CCi , ~� . � _ ;; �- � ;�, r:�`:f - " . � �,;_ °; .�..,...., � ____,_ m ; � .. . • ,. �i.' r ; ! G {�>'... ' �-21��- _ _ ._ . 3F;�;� ^�E�.�e; � . '�w"�...�.,�.`�._.,- ' � . __ .. '"�r�-'_� --"""� £ � �: - ! _ , �� ^ � Y((�NNt.��lW s __ ,.�. . . � \� �� _"_ . � _ . .. .. . .... . . �� i � �� i _ .._ ..__ �..�..._ � __.y��'� ��a 'Lo � _ .. _._ _ _ . . � ' ..�.�. . _^- i. . 1 A<F.: : ' `_.._.....,. .. � �� : ._ ' _. 1� _: � i - �� . - v �e; . � : .•� . , � � .. E v"�� i. � ��/� r � S �ti � i � � � i�" � � . �� . __ i "� �� '. ) . i � - � I ' �f 1 ..,� � - _ - ; _ -; ��; : , �� _ � � � �� F ' � _ ; -� �� - � . "„� ,��-��' c�A: �� ' ^ i � � " . 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I 1 �� I j jf : f •"✓ j �� !' I _ ' r �d =. y I " � ��; � � f �' p � �, i..; �— �' � � .. . i . i.ax�. ! I � ��[iP f 1 � I I `:�.." � . . .. � � i a . � ... � .. . . � �� ° �a�' � � � �.. Uj U L'. O I� � � .-�.00 65 ti� Q �oz . �, � ��K_ o^ w � d�� - �� U � I� L C � �' ,.+ ' y a - 1 "I ,. , <� -. ;:; ��; __ _ � -= ,� :�- -� .. �'' �' �' �+- m.... . _�� _ � �. -_ ..,'-�'�`� a ��,�,,., '.'��2��' ^'�� .� � `_ ° _. s� ;es . �"�.. . _ x �"��-zr ,.., .. < . ... _ _ - - _ _ " _ _ _--� _ �_ , , -- �� . V �� - �`� �� R • Uj U C w ~ � m �.�.00 � . � V2 O -� b oz �w �� k w �W . � � � d�Z..� U � - a� �� y � x � .,� \ 1,..1'I, , 1 � " � 1 ' f � � E 4' �.. -.. a =!1i': L: !. � _ . � ;� . � . I 5 � _ _ " '� � ': �� .� �� — � �, . - ; � _; 1 � � �,; t� ,�+., n � �;,' � i `�: `, `�1 � .i" � f . � � # � �I� .SY.. .r� . �I . X . � � . !f. 5 .�� . ..6 � � I \ ��, � IIII.��i ' � �, 1 4 fE[.i• ?' -+ 1 . � � l , . � � <-', ' ! � S i v �`�"i . �ee � � .. ' � � � � � � �� _ �� _ . - ��'�� ' �; �� M - �� ` � ��, , ;5 _` � �� .^� � . _a,ey../" ' l q.. .' ' �� f ' .. .. . � �' ��'� ' . `_ _ V k� �� _ • � ; ii ; � � . f � 'r 0 . +! 1 � t i / �� ( i��. , � : - , .., ' ,� <�1 i—��' ; ` �.�' - � µ A ; . ' � ;:• � ' `- � �� s , �,, � , , j ��,- j t � i I _� _ ' - ., �� . �� . �- -� - . � =�lj: . { � ; i: .�: -}� i . { �� : I I . , .1 . . �C .l � . . . _ :� _ - . .. ,.�, . . ... _ > ..� - � , - / � j --� �� ` � = J' - �'e = o� w � om� � o� �� o _ �Dz �, � w4'' k p �W ti, ^d � � � �' �v� m V � a� d; � �,. a \ "I , • , ° • OFFI��F TI� CITY ATTORNEY TrmoDi�Morx, Ciry Auorney � � _ .� � ( Y' CITY OF SAINT PAUL Norm Cokman, Mayor September 18, 1996 Hut Thi Le Credit Auto Sales, Inc. 859 University Avenue West Saint Paul, Minnesota 55104 Civil Division 400 Ciry Ha[! 15 West KelZogg Blvd Sa'vu Pau� Mvmesom 55702 Telephone: 612166-8770 Facsimile: 672 298-5619 Re: All Licenses held by Credit Auto Sales, Inc, d/b/a Credit Auto Sales, Inc. for the premises located at 859 University Ave. West, St. Paul License ID No. 17775 Dear Mr. Hut Thi Le: I am in receipt of information that could lead to adverse action against all your licenses. The basis for adverse action is: On April 12, 1996, vehicle parking was not consistent with the approved site plan in that vehicles were grouped ,together at the north end of the property in the area on the site plan shown as the driveway. On this same date, customer and employee parking were aot elearly marked and there was no markiag for a handicapped parking space. Oa April 12, 1996, trash dumpsters were not enclosed with an obscuring fence, in violation of the condition on your license that trash receptacles and dumpsters shall be enclosed with a wood obscuring fence at least six (6) feet high. On September 5, 1996 and September 6, 1996 a license inspector observed eighteen (18) vehicles stored on the lot. This is a violation of the condition of your license that no more than thirteen (13) vehieles be stored. On September 5, 1996 engines and vehicle parts were observed on the exterior of the building and a vehicle was up on blocks being repaired. These are violations of the conditions on your license that there be no exterior storage of vehicle parts and that aay outdoor repair of vehicles is prohibited. � � In Re the Licenses of Credit Auto Sales, Inc.' d/b/a Credit Auto Sales, Inc. — City's Exh. No. 9 .' _ - ' . � � 0�'1- � �-� On September 5, 1996 your trash receptacles were still not screeaed by the wood obscuring fence required by the licease coaditions. Licease inspectors and zoning personael have beea refused entry into the building oa aeveral oecasioas between April aad September 1996. If you do not dispute the above facts, this matter will be scheduled before the City Council for a hearing on what penalty, if any, to impose. You will be allowed to speak on your behalf at that hearing. I will need to have a letter from you saying that you do not dispute the facts if we are going to follow that path. On the other hand, if you dispute the above facts, I will schedule the evidentiary hearing on the facts before an Administrative Law Judge. In that event, you will receive a notice of hearing so you will know when and where to appear, and what the basis for the hearing will be. In either case, you should contact me within five days from the date of this letter. If I do not hear from you, I will schedule the evidentiary hearing, and you may be responsible for the costs of the hearing if you do not then appear and contest the facts. Please call me or have your attorney call me at 266-8710. Very truly yours, r 'Z/G'E!�%+�r J � "ti� Virginia D. Palmer Assistant City Attorney ce:. Robert Kessler, Director, LIEP Christine Rozek, LIEP Michael Samuelson, Exec. Director/Community Organizer, Thomas- Dale/Dist. 7 Planning Council, 369 University Ave., St. Paul, MN 55103 Page 2 � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) � � �1-� �-� AFFIDAVIT OF S73RVICT BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on September 18, 1996, she served the attached LETTER on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Hut Thi Le Credit Auto Sales, Inc. 859 University Avenue West St. Paul, MN. 55104 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, m;_n„PGnta_ Subscribed and sworn to before me this 18th day of September, 1996. \7.1� ar Pub 'c • KATHRYN J. McIAUGHLiN � a'^- ". NOTARYPUBLIC—MINNESOTA ��'�� RAMSEY COUNTY � My Comm. EzpireS Jan. 31, 2000 , CITY OF SAINT PAUL Norm Coleman, Mtryor October 8, 1996 OFF� OF THE CITY ATTORNEY Timo Ma�, Crty Attomey q. � r � ( � j-Ja`P Civil Divirion 400 Ciry Ha7! Telephone: 671266-87/0 15 West Kellogg B(vd Facsimile: 612 298-5619 Saint Pau4 Mnnesow SSl02 Hut Thi Le Credit Auto Sales, Inc. 859 University Avenue West Saint Paul, Minnesota 55104 Re: Al1 Licenses held by Credit Auto Sales, Inc. d/b/a Credit Auto Sales, Inc. for the premises located at 859 University Ave. West in St. Paul License ID No. 17775 Our File Number: G96-0456 Dear Mr. Hut Thi Le: Our office sent you a letter dated September 18, 1996, in which you were notified of several violations of the conditions placed on your license. The letter asked that you contact this office to let us know whether you disputed those violations. If you admit to the violations, this matter will be scheduled for a hearing before the Saint Paul City Council to determine what, if any, penalty to impose. If you wish to dispute the violations, then this matter will be scheduled for an evidentiary hearing before an administrative law judge. If we have not received anything in writing by Wednesday, October 16, 1996, we will proceed to schedule this matter for the administrative hearing. We will send you a notice which will tell you when and where the hearing is to be held. If you have any questions, you can contact me at 266-8710. Sincerely, ✓ �"�''�"��'� ;`r�'^h:2 U Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, Deputy director, LIEP Michael Samuelson, Exec. Director/Community Organizer, Thomas- Dale/Dist. 7 Planning Council, 369 University Ave., St. Paul, MN 55103 . � In Re the Licenses of Credit Auto Sales, Inc.� — d/b/a Credit Auto Sales, Inc. City's Eah. No. 10 . . � � c� � -�� STATE OF MINNESOTA ) ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY ) JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on October 8, 1996, she served the attached LETTER on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Hut Thi Le Credit Auto Sales, Inc. 859 University Avenue West St. Paul, MN. 55104 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 8th day of October, 1996. W , . �, t r P 1'c s � KATNRYN J. McLAUGHLiN � •�P� .OU '`�-> RIaiUSEY COUNTY My Comm. Expiras Jan. 31, 200D ' � � OFFIC�THE CITY ATTORNEY Timothy City Attarney rt � _'J �.(�p �` CIT'Y OF SA1N'T PAUL Norm Colemm�, Mayor October 15, 1996 Hut Thi Le Credit Auto Sales, Inc. 859 University Avenue West Saint Paul, MN 55104 Civil Divirion 400 City Hail IS West Kellogg Blvd Savu Pm�l, Mmnesota SSIQ2 RE: All licenses held by Credit Auto Sales, Inc. License ID #:17775 Dear Mr. Lee: Telephone: 6I2 266-&710 Facsimile: 612 298-5619 You were sent a notice of violation dated September 18, 1996 regarding the possibility of adverse action against your licenses at 859 University Avenue in Saint Paul. The letter explained your options of either admitting the violations outlined in the letter or requesting that the matter be sent to an administrative law judge to determine whether the violations had, in fact, occurred. I will need to receive a letter from you no later than October 22, 1946 stating which option you would like to pursue. If I have not heard from you by October 22, 1996 the matter will be scheduled for an administrative law judge. Once the matter has been scheduled for a hearing before an administrative law judge there are certain costs associated with the process which may be assessed against you if you later decide that you do not dispute the facts or do not appear at the hearing to contest them. If you contact me. Sincerely, �'S J have any additional questions please feel free to Virginia D. Palmer Assistant City Attorney � � In Re the Licenses of Credit Auto Sales, Inc.j — d/b/a Credit Auto Sales, Inc. City's Exh. No. 11 � � - � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) � � � �� -� AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on October 15, 1996, she served the attached LETTER on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Hut Thi Le Credit Auto Sales, Inc. 859 University Avenue West St. Paul, MN. 55104 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 15th day of October, 1996. .� \ , 1'c • KATHRYNJ.McIAUGHLiN� �>� NOTARYPIIBIIC ;'��-'�= RAMSEY COUNTY . My Comm. ExpireS Jan. 31, 20W CITY OF SAINT PAUL Norm Colemmr, Mayor November 1S, 1996 NOTICS OF HEARING Aut Thi Le Credit Auto Sales, Inc. 859 University Avenue West Saint Paul, Minnesota 55104 OFFICE OF THE CITY ATTQRNEY r,MOr� E n�.�. c;y aao� �,� _�.�,� c;�a nrvur�„ 400 City Ha11 15 West Kel[ogg Blvd Sairst Pau� M'msresnla SSIO2 Telephone: 6T2 266-8970 Facs�ile: 611298-5619 � Re: Al1 Licenses held by Credit Auto Sales, Inc. d/b/a Credit Auto Sales, Inc. for the premises located at 859 Uniqersity Ave. West, St. Paul License ID No. 17775 Our Fil.e Number: G96-0456 Dear Mr. Hut Thi Le: Please take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises stated above: Date: Moaday December 16, 1996 Time: 9:30 a.m. Place: Rm 1503 City Hall Annex 25 SVest 4th Street St. Paul, 2�T 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Iiearings: Name: Jamea Ranum Fifth Street Towers, Suite 1960 150 South Sth Street Minneapolis, 2�IId. 55402 Telephone: 333-7579 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, inc2uding sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-intoxicating liquor; �uthority is l � � In Re the Licenses of Credit Auto Sales, Inc. — d/b/a Credit Auto Sales, Inc. —� City's Exh. No. 12 ; �� i� v ` also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or con@itions. Evidence will be presented to the judge which may lead to adverse action against a�l the licenses you hold at the above premises as follows: On April 12, 1996, vehicle parkiag was not cottsisteat with the approved site plan in that vehicles were grouped together at the north end of the property ia the area on the aite plaa shown as the driveway. On this same date, customer and employee parking were not clearly marked and there was ao marking for a haadicapped parking space. On April 12, 1996, trash dumpsters were not enclosed with an obscnring fence, in violatioa of the condition on your license that trash receptacles and dumpsters shall be enelosed with a wood obscuring fence at least six {6) feet high. On September 5, 1996 and September 6, 1996 a license inspector observed eighteen (18) vehicles stored on the lot. This is a violation of the condition of your license that ao more than thirteen (13) vehicles be stored. On 3eptember 5, 1996 engiaes and vehicle parts were observed oa the exterior of the buildiag aad a vehicle was up oa blocks being repaired. These are violations of the conditions on your license that there be no exterior storage of vehicle parts and that any outdoor repair of vehicles is prohibited. On September 5, 1996 your trash receptacles were still not sareened by the wood obscuriag fence required by the license conditions. Licease inspectors and zoning personnel have been refused eatry into the building on several oceasions between April and September 1396. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code Notice of Hearing - Page 2 l : ' ' �� as may be applicable. At the hearing, the Administrative Law Judge will have all parties ic3entify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-�amine. The Administrative Law Judge may in addition hear relevant and materiaZ �estimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records aad witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Very truly yours, �� Virginia D. Pa2mer Office of the City Attorney cc: Nancy Thomas, Office of Administrative Hearings 1D0 Washington Square, Suite 1700, Mpls., MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Michael Samuelson, Exec. Director/Community Organizer, Thomas- Dale/Dist. 7 Planning Council, 369 University Ave.,, St. Paul, MN 55103 Notice of Hearing - Page 3 1 � � _�2� STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF 3ERVICFs BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on November 18, 1996, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Hut Thi Le Credit Auto Sales, Inc. 859 University Avenue West Saint Paul, MN. 55104 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 18th day of November, 1996. �� _ �� STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on November 25, 1996, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Hut Thi Le 1801 N. Winnetka Avenue Galden Valley, MN. 55427 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota_ Subscribed and sworn to before me this 25th day of November, 1996. K ""'�I J. PAcLAUGM! Ih "- ', Pu�, !C-MlNNESOTA � R,�id,SEY COUNTY F�, � � ��.r� � � � ��, � i,,; � �'`,� !;'� � Council File # �� — �J �� > �_ { � " Green Sheet # +-1 bZ� RESOLUTION OF SAINT PAUL, MINNESOTA Gl . /1_ /� / � " Presented By Referred To S. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Committee: Date RESOLVED, that the Auto Repair Garage and Second Hand Motor Vehicle Dealer's Licenses held by Hut Thi Le, d/b/a Credit Auto Sales, Inc., for the premises at 859 University Avenue in Saint Paul, are hereby revoked effective upon passage and signature of this resolution. FURTHER RESOLVED, that the findings of fact, conclusions of law and memorandum contained in the Administrative Law Judge Report in this cased, dated January 13, 1997, are expressly ratified and adopted as the written findings and conclusions of the Council in this matter, and the recommendation of the ALJ is hereby adopted. This Resolution is based on the record of the proceedings before the ALJ, including the hearing on December 16, 1996, the documents and e�ibits introduced therein, and the deliberations of the Council in open session on February 26, 1997. A copy of this resolution, as adopted, shall be sent by first class mail to the Administrative Law Judge and to Hut Thi Le. Requested by Department of: By: Form Approved by City Attorney Adopted by Covncil: Date � q Adoption Certified by Council Secretary By : �h f i. f . c�,�,.,� g'`� . � �t B �'��a' Approved by Mayor for Submission to Approved by Mayor: Date �` p+�<� Council � �� \ By: By: �Irl -3�.� ��4 DEWWTYENTADFFICHCOUNQL DATEINITIATED GREEN SHEET Ci CouncIlOffices 3-25-1997 COMACT PERSON & PHONE INITIAVDATE INITIAVDATE �DEPAFiTMENTDIRE OCINCAUNCIL Jerry Blakey, 266-8610 ASSIGN � pTYATTORNEY � C17V CLERK MUST BE ON CAUNCIL AGENDA BV (DATE) pOUTING� � BUDGET DIFECTOfl O FIN. S MGT. SEMICES DIR. A II� • z� 19�I OflOEfl � MAYOR (Ofl ASSISTANT) � P� TOTAL # Of SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATUR� ACTION PEQUESTED: Finalizing City Council action taken on February 26, 1997, concerning adverse acflon against licenses held by Hut T7u Le, DBA Credit Auto Sales, Inc., 859 University Avenue. RECAMMENDATIONS: Approva (A) or Faject (P) pERSONAL SERVICE CONTRACTS MUST ANSWEH THE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL SEAVICE COMMISSION �� Has this personttirm ever worked under a contract for this department? _ CIB COMMfITEE YES NO _ S7AFF 2. Has this person/firm ever been a ciry employee? — YES NO _ DISTRICT COURr _ 3. DOes thiS pefson/fifm posseSS a Skill n0f nOrmdll y possessed by any curreM city employee? SUPPORTS WNICH COUNCIL O&IECTIVE? VES NO Explain all yea answers on separete sheet anE attach to green sheet INITIATING PROBLEM, ISSUE, OPPEIRTUNITV (Who, Whet, When, Where. Why): R,ECE�� _ �IAR 2 g �, IERRY g� ADVANTAGESIFAPPROVEQ. DISADVANTAGES IFAPPROVED: � ��.�� #�� Ii3�t�SS`� � `v' �� DISADVANTAGES IF NOTAPPROVED � TO7AL AMOUNT OFTRANSACTION $ COS7/pEVENUE BUDGETED (CIRCLE ONE) VES NO FUNDI(8G SOURCE AC71VI7Y NUMBER FINANCIAL INFOflFAATION' (EXPLAIN) �_ ,. , , OFFICE OF T'f� CITY ATTORNEY Tunothy E. Mas.K Ciry Atlorney CITY OF SAINT PAUL Norm Colenwn, M¢yor January 30, 1997 Civi! Division 400 Ciry Hall ]S i�est Kellogg Btvd Sabtt Pau1, M"mnesota 55702 NOTICS OF COIINCIL HEARING Hut Thi Le Credit Auto Sales, Inc. 859 University Avenue West Saint Paul, Minnesota 55104 �l` 3� � Tekphone: 612 266-8770 Facsimile: 6I2198-5679 Re: Al1 Licenses held by Credit Auto Sales, Inc. d/b/a Credit Auto Sales, Inc. for the premises located at 859 University Ave. West, St. Paul License ID No. 17775 ' Our File Number: G96-0456 Dear Mr. Hut Thi Le: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned license has been scheduled for 4:30 p.m., Wednesday, February 26, 1997, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written argument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions £iled, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, ��/ � t� Virginia D. Palmer Assistant City Attorney cc: Hut Thi Le, 1801 Winnetka Nancy Anderson, Assistant Robert Kessler, Director, Christine Rozek, LIEP Ave. N., Golden Valley, MN 55427 Council Secretary, 310 City Hall LIEP Michael Samuelson, Exec. Director/Community Organizer, Thomas- Dale/Dist. 7 Planning Council, 369 University Ave., St. Paul, MN 55103 . � ._ . �� cCrl -�3� • JAY 1 � ;997 �� Fii2 No. 57-2111-7082� 3 STATE OF MINNESOTA OF-►CE OF ADM{t�l1STRATIVE HEARlNGS FOR TtiE ST. PAUL CITY COUNCIL fn re the Licenses of Credit Auto - Sales, inc. d/b/a Credii Auto Sales FINDINGS OF FACT, inc. for the premises located at CONCLUS{ONS OF LAW 859 University Avenue West AND RECOMMENDATION St. Pau(, Minnesota The above entit(ed matter came on for hearing be#ore Administrative Law Judge James H. Ranum on December 16, 1996 at 9:30 a.m. in Room 1503, City Nall Annsx, 25 West Fourth Street, St. Paul, Minnesota. Virginia 0. Pa(mer, Assistant St. Paui City Attorney, 400 City Hall, 15 West Ke4logg Boulevard, St. Paul, Minnesota, appeared on behalf of the Office of License, lnspectios�s and Environmental Protection. The license holder, Hut Thi Le, for the ¢remises located at 859 University Avenue West, SY. Paul, Minnesota, did not appear at the hearing. The record ciosed on December 16, 1996. These Findings and Conc(usions may be appealed to the St. Paul City Counci! by any aggrieved person by fiiing a notice with the City Clerk. The appea( wi!! then be �iE �� -3 �-� scnecu!ed for a near;nu at :;,e nex; CiP� C::unc;; .,,��::r:_ .,.�„� �„�� ;��,;s;cr=_ v�� contained in Section 331.05(m){5), St. �aul Legisi2tive Cede. STATEs'NENT OF 1SSUE The issue fo be determined in this case is whether grounds exist to support the assessment of penalties against Credit Auto Sales, Inc. FINDINGS OF �ACT 1. Credit Auto Sales, Inc. doing business as Credit Auto Sales, Inc. is located at 859 University Avenue West, St. Paul, Minnesota. 2. On April 12, 1996, the site at 859 University Avenue West, St. Paul, Minnesota was inspected to determine if conditions for secondary car sales zoning could be met for the reterenced business. 3. On Apri( 12, 1996, the inspectors determined the foliowing: {a) Six vehicles were parked in such a way as to be in violation of the site plans. (b) Customer and employee parking spaces were not clearly marked. (c) 4iandicapped signs were not posted fos parking. {d) There were no curb cut improvements on Victoria Avenue. (e} The trash dumpters were not enclosed with appropriate fencing. 4. At some time fol{owing Apri1 12, i996, whife photographing the site, an inspector observed an individuaf come out of the building at 859 University Avenue West. The inspector approached the individuaf by way of the partiafiy opened gate on University �'� o�� _� a-t� Avenue. The individu2i did net seeak :o .h° inspector but went ir,sic° :he �uiicinc. -�,a inspectorfo!lowed the individual to the giass door and announced thGt he was an inspec:or for the City of St. P2ul and preseni2d his business card and badge zhrough the wincow. The individual then locked the door. When the inspector again announced who he was he was told to "Go away". 5. On September 5, 7950, the area was inspected and the following was fcund: (a) Eighteen venicles were observed stored on the lot. This was in violation of the condition of the lic°nse that no more than 13 vehicles be stored. (b) Several engines and vehicle parts were observed outside the building and additionaily a vehicle was up on blocks being repaired. These were violations of the conditions of the license that there was to be no exterior storage of vehicle parts and that any outdoor repair of vehicles was prohibited. (c) The trash receptacles were sti(i not screened with the appropriate fence required by the lease conditions. 6. License inspectors and zoning personnel were refused entry into the building on severai occasions between April and September 1996. 7. Numerous times during the Aprii to September 1996 period an inspector visited Mr. Hut Thi Le to explain that he was in violation of the conditions. The inspec#or -3- q`l -� a � �x�iair,�C ; �cmv io come ir,o c�nformiiy with the corditions. However, the cor.ditions were never correc:ed. 8. On Apri1 11, 1596, at 2:20 p.m., poiice officersvisited the site. 'fhey recorded a:otal of 28 cars outside with four of them be+ng on the side�Naik area next to the business. 9. On September 16, 1�96, at 3:00 p.m., there were 21 cars in the lot and seven on the street area �or a iotai oi 28 cars. 10. On September 24, 159^0, at 1:30 p.m., a total of 21 cars were present with three on the street. 11, On that date, several males were loitering in the lot. The individuals did not appear to be working. 12. On September 26, 1996, at 5:14 p.m., there were 16 cars inside and three cars outside. 13. On September 27, 1996, at 7:00 p.m., there were 17 cars inside and four outside. 14. On September 28, 1996, at i:45 p.m., there were 17 cars inside and three cars outside. i5. On October 3, 1996, at 2:56 p.m., there were 18 cars inside and four cars outside. 16. By September 6, 1996, the City Attorney's office had began the procedure for adverse action against the licens2e. � �� -� � � c:;r�c�:�s�cr�s 1. The Aamir;�s�r2tive La�v Judge has iurisdiction in this matter pursuant to Section 331.05(m)(4) oT :ne St Paul Legislaiive Code and Minn. Stat. 14.55. 2. The Notice of Hearing was proper and the City has complied with all other substantive and procedural requirements of law or rule. 3. The Council of the C+ty ef St. Paul has the author+ty to orovide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, inciuding Sections 310.05 and 370.06, of the St. Paul Legislative Code. Adverse action may include revocation, suspension, fines and other penalties or conditions. RECOMMENDATION 1. The license should be revoked. Dated this \� day of '� , 1997. � H. RANUM trative Law Judge -5- �� -�a� ,'VIE�/ICRAtVDLM �F' ;','/ The recommendation for revccation is hars�. However, it aQpears �hGt :he iicer,s2 hoider completely iailed to follow directions. An 2xampie of �he compie#e lack of ceooeration w2s manrfested by the inspec:ors not being alicwed on the site. !t is necessary to communicate to other ?ic2r,s2 hoiders �hat ;he site is no lonaer in business. JHR � STATE OF MINNESOTA �`Z - 3 a-� OFFICE OF ADMII�ISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 January 16, 1996 Fred Owusu City Clerk 170 City Hall 15 W. Kellogg Blvd. St. Paul, MN 55102 Re: In the Matter of the License of Credit Auto Sa4es, 1nc. D/b/a Credit Auto Sales, Inc. OAH Docket No. 57-2111-10823-3 Dear Mr. Owusu: On January 13, 1997, Administrative Law Judge Ranum served the Findings of Fact, Conclusions and Recommendation in the above-entitled matter. Enclosed is the official record, including a copy of the tape recording of the hearing. Our file in this matter is now being closed. Very truly yours, ° �'/�� dl � ��t�',YJx� Nancy M. Thomas Docket Clerk Telephone: 612/341-7615 NT Enc. Providing lmpartial Hearings for Government and C'�zens An Equal Opportuniry Employer ' Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 349-2665 ; G � - 3 �-� AFFIDAVIT OF SERVICE BY bIAIL STATE OF MINNRSOTA ) ) COIINTY OF HENNEPIN } James H_ Ranum, of the City of Minneapolis, County of Hennepin, in the State of Minnesota, being duly sworn, says that on the 13`' of U�--g , 199�, he served the following: �aq1 `�ct�9rnr�S o��Ft�c �'ouC�uSc�U� UF 1.-t�"' N4.-� �l �-2 �[ � � � L�Cy�� \c�i . on a� f or the C"e �� !�"`�" �`(�' bY mailing a copy thereof in an envelope, postage prepaid, and by depositing same in the post office at Minneapolis, Minnesota, directed to said at�ney at: t ��e � \c� '� �q t �vP �s � 5 �-- Q�-c( V�'"`' a,-� 40� �� 1�1� l� c.��,� ��"��°S4 ��- �'""`� /�ti last known address of said �y. Subscribed and swom to me this �-si'h day of �in before , 199� 1aq� �'rI� N, �.,��,., Notary Public 1. c�-� (�( �.._ w. � 4 �f Jam s H. Ranum rli � ' , , � y � � � ti � ,� � ,,., lj!✓'!'1'././'I!�'I./l!!!IlIJl�'lJ'.f' � � � �� _� 2- � File No. 57-2 1 1 1-1 0823-3 STATE OF MINNESOTA OFFfCE OF ADMINIISTRATIVE tiEAR113GS FOR �HE ST. PAUL CITI( COUI3CIL In re the Licenses af Credit Auto Sales, inc. d/b/a Credit Auto Sales, FINDINGS OF FACT, inc. for the premises located at CONCLUSIONS OF LAW 859 University Avenue West AND RECOMMENDATION St. Paui, Minnesota The above entitled matter came on for hearing before Administrative Law Judge James H. Ranum on December 16, 1996 at 9:30 a.m. in Room 1503, City Hall Annex, 25 West Fourth Street, St. Paul, Minnesota. Virginia D. Palmer, Assistant St. Paul City Attorney, 400 City Hall, 15 West Kellogg Boulevard, St. Paul, Minnesota, appeared on behalf of the Office of License, Inspections and Environmental Protection. The license holder, Hut Thi Le, for the premises located at 859 University Avenue West, St. Paul, Minnesota, did not appear at the hearing. The record closed on December 16, 1996. These Findings and Conclusions may be appealed to the St. Paul City Council by any aggrieved person by filing a notice with the Gity Clerk. The appeal wili then be -1- �,�_�a� scheduled for a hearing at the next City Council meeting. These appeal provisions are contained in Section 331.05(m)(5), St. Paul Legislative Code. STATEMENT OF ISSUE The issue to be determined in this case is whether grounds exist to support the assessment of penalties against Credit Auto Sales, inc. FINDIN6S OF FACT 1. Credit Auto Sales, Inc. doing business as Credit Auto Sales, Inc. is located at 859 University Avenue West, St. Paul, Minnesota. 2. On April 12, 1996, the site at 859 University Avenue West, St. Paul, Minnesota was inspected to determine if conditions for secondary car sales zoning could be met for the referenced business. 3. On April 12, 1996, the inspectors determined the following: (a) Six vehicles were parked in such a way as to be in violation of the s+te plans. (b) Custamer and employee parking spaces were nat clearly marked. (c) Handicapped signs were not posted for parking. (d) 7here were no curb cut improvements on Victoria Avenue. (e) The trash dumpters were not enclosed with appropriate fencing. 4. At some time following April 12, 1996, while photographing the site, an inspector observed an individual come out of the building at 859 University Avenue West. The inspector approached the individual by way of the partially opened gate on University y� �� -�a-� Avenue. The individuai did not speak to the inspector but went inside the building. The inspectorfoilowed the individual to the glass door and announced that he was an inspector for the City of St. Paul and presented his business card and badge through the window. The individual then locked the door. When the inspector again announced who he was he was told to "Go away". 5. On September 5, 1996, the area was inspected and the following was found: (a) Eighteen vehicles were observed stored on the lot. This was in violation of the condition of the license that no more than 13 vehicles be stored. (b) Several engines and vehicle parts were observed outside the building and additionally a vehicle was up on biocks being repaired. These were violations of the conditions of the license that there was to be no exterior storage of vehicle parts and that any outdoor repair of vehicfes was prohibited. (c) The trash receptacles were sti(( not screened with the appropriate fence required by the lease conditions. 6. License inspectors and zaning personnel were refused entry+ntothe building on several occasions between April and September 1996. 7. Numerous times during the April to September i896 period an inspector visited Mr. Hut Thi Le to explain that he was in violation of the conditions. The inspector Qc� �� : explained how to come into conformity with the conditions. However, the conditions were never corrected. 8. On Aprii 11, 1996, at 2:20 p.m., police officers visited the site. They recorded a total of 28 cars outside with four of them being on the sidewalk area next to the business. 9. On September 16, 1996, at 3:00 p.m., there were 21 cars in the lot and seven on the street area for a total of 28 cars. 10. On September 24, 1996, at 1:30 p.m., a totai of 21 cars were present with three on the street. 11. On that date, several males were loitering in the lot. The individuals did not appear to be working. 12. On September 26, 1996, at 5:14 p.m., there were 16 cars inside and three cars outside. 13. On September 27, 1996, at 7:00 p.m., there were 17 cars inside and four outside. 14. On September 28, 1996, at 1:45 p.m., there were 17 cars inside and three cars outside. 15. On October 3, 1996, at 2:56 p.m., there were 18 cars inside and four cars outside. 16. By September 6, 1996, the City Attorney's office had began the procedure for adverse action against the licensee. � , ��_32� CONCLUSIONS 1. The Administrative Law Judge has jurisdiction in this matter pursuant to Section 331.05(m}(4) af the St. Pau! Legislative Code and Minn. Stat. 14.55. 2. The iVotice of Hearing was proper and the City has comp{ied with ai{ other substantive and procedural requiremenis ofi law or rule. 3. The Council of the City of St. Paul has the authority to provide for hearings concerning licensed premises and foradverse action against such licenses, under Chapter 310, including Sections 310.05 and 310.06, of the St. Paul Legislative Code. Adverse action may include revocation, suspension, fines and other penalties or conditions. RECOMMENDATION 1. The license should be revoked. Dated this l��day ofi _(�� 1997. J ME� H. RANUM A ' strative Law Judge -5- ��_3�-� MEMORANDUM OF LAW The recommendation for revocation is harsh. However, it appears that the license holder completely failed to follow directions. An example ot the complete lack of cooperation was manifested by the inspectors not being ailowed on the site. It is necessary to communicate to other license holders that the site is no longer in business. JHR � CITY OF SAINT PAUL "- '� � ��' '= � Norn+ Colemm; Mayo� , � �W �:G:' I9 �,� �?� 47 x �-`_' ;..'__",.,_.,.,_ %1v11:.:IJ i, iY._ 4 i�'rit�,,:l;.�i November 15, 1996 OFFICE OF THE CITY ATTORNEY Timothy � Mars, Ciry Attorney � f l J `�r7 Civi! Division 400 Ciry HaII Tekphone: 6I2 266-8710 IS West Kellagg Blvd Facsimile: 612 298-5679 � Saint Pau� M'mnesota 55102 " NOTICL OF HEARING Hut Thi Le Credit Auto Sales, Inc. 859 University Avenue West Saint Paul, Minnesota 55104 Re: Aii Licenses heid by :.redit Auto Sales, Inc. d/b/a Credit Auto Sales, Inc. for the premises located at 859 Uniqersity Ave. West, St. Paul License ID No. 17775 Our File Number: G96-0456 Dear Mr. Aut Thi Le: Please take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises stated above: Aate: Monday December 16, 1996 Time: 9:30 a.m. Place: ' Rm 1503 City Hall Annex 25 West 4th Street St. Paul, AIId 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: 3amea Ranum Fifth Street Towers, Suite 1960 150 South Sth Street Minneapolis, D4d. 55402 Telephone: 333-7579 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.o6, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-intoxicating liquor, authority is � , �1�-�aG also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows: On April 12, 1996, vehicle parking was not consistent with the approved site plan in that vehieles were grouped together at the north ead of the property in the area oa the site plan showa as the driveway. Oa this same date, cuatomer and employee parking were not clearly marked and there was no marking for a handicapped parking space. On April 12, 1996, trash dumpsters were not enclosed with an obseuring fence, in violation of the condition on your license that trash receptacles and dumpsters shall be enclosed with a wood obscuring fence at least six (6) feet high. On September 5, 1996 and September 6, 1996 a licease inspector observed eighteen (18) vehicles stored on the lot. This is a violation of the condition of yous license that no more than thirteen (13) vehicles be stored. . On September 5, 1996 engines and vehicle parts were observed oa the exterior of the building and a vehicle was up on blocks being repaired. These are violations of the conditions on your licease that there be no exCerior storage of vehicle parts aad that aay outdoor repair of vehicles is prohibited. On September 5, 1996 your trash receptacles were sti1Z not screened by the wood obscuriag fence required by the license conditions. License inspectors and zoaing persoanei nave been reiusea entry into the building on several occasioas between April and September 1996. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code Notice of Hearing - Page 2 �l�_� as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City wi11 then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of who�a the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material te$timony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in tlze outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the 3udge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Very truly yours, vV�� Virginia D. Palmer Office of the City Attorney cc: NanCy Thomas, Of£ice of Administrative Hearings 100 Washington Square, Suite 1700, Mpls., MN 55401 Nancy Anderson', Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Michael Samuelson, Exec. DirectorjCommunity Organizer, Thomas- Dale/Dist. 7 Planning Council, 369 University Ave.,, St. Pau1, MN 55103 Notice of Hearing - Page 3" 1 �_ a � / � J �'1� OFFICPs OF ADMINISTRATIV7� HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUI, In re the License of Credit Auto Sales, Inc. d/b/a Credit Auto Sales, Inc. 859 University Avenue West CITY'S PROPOSED EXHIBITS December 16, 1996 TO: Judge James Ranum, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following consti�utes a list of the City`s proposed exhibits for the Administrative Hearing on December 16, 1946. Exhibit No Exh_ No. 1 Exh. No. 2 Exh. No. 3 Exh. No. 4 Exh. No. 5 Exh. No. 6 Exh. No. 7 Description Licensing Report dated April 12, 1996 (2 pp. ) ; Licensing Report dated September 6, 1996 (1 p.): Police Report CN 96-152-226, dated 9/24/96 (1 p.); Police Report CN 96-157-722, dated 10/3/96 (1 p.); Licensing Report dated November 2, 1996 (1 p.); License information regarding Credit Auto Sales, Inc. (1 p.); License Restrictions Inquiry Screen regarding Credit Auto Sales, Inc. ( 2 pp.); �'�,� '� � Exh. No. 8 il photographs of conditions at licensed establishment (exhibits 8a - 8k); Exh. No. 9 Notice of Violation letter dated September 18, 1996, with Affidavit of Service (3 pp.); Exh. No. 10 Letter dated October 8, 1996, with Affidavit of Service (2 pp.); Exh. No. 11 Exh. No. 12 Letter dated October 15, 1996, with Affidavit of Service (2 pp.); Notice of Hearing letter dated November 15, 1996, with Affidavit of Service (5 pp.). Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code St. Paul Legislative Code St. Paul Legislative Code St. Pau1 Legislative Code St. Paul Legislative Code � 310.05 § 310.06 § 310.17 Chapter 401 Chapter g23 Respectfully submitted this 16th day of December, 1996. `��Uz�r�N:ec�,!7� a�rv..v� Virg ia D. Palmer Assistant City Attorney Office of The City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 �` ' i� � Interdepartmental Memorandum City of Saint Paul Date: Aprii 7 2, 1996 To: Kris Schweinler From: Lawrence R. Zangs RE: 859 University Avenue -- License ID# 17775 for Second Hand Dealers Motor Vehicle Business Per your request, Peg Fuller and 1 inspected the site today to determine if conditions of zoning approval were met for the referenced licensed business. The foliowing detaiis the results ofi our inspection: Inspection Time: 10:55 AM Weather Condtion: Overcast • There were twelve vehicles and one delivery truck parked on the site. Condition met. • Six were parked in the general area of the site shown on the approved site plan. The remainder were grouped together at the north end of the psoperty, in the area on the site plan shown as driveway. There was a delivery truck parked in this same area, in front of the overhead door on the west side of the 6uilding. Assessment is that parking of vehicles not generally consistent with the approved site plan. • Customer and employee parki�g space not clearly marked. Handicapped sign not posted for parking space. Condition not met. • The ability for customers to park on the property was blocked by a closed gate on the University Avenue driveway. The access Yo the property from Victoria Street was also blocked by a locked gate and several vehicles. Unable to determine at this time the status of the parking access condition since I was not sure the place was open for business. • No curb cut improvements noted on Victoria Avenue. Applicant has until June 1, 1996 to meet this requirement. • No vehicles observed stored on the street or projecting into the right-of-way. Condition appears to be met at this time. • Severaf tires stored outside on a rack next to neighboring building along the east property line. Exhaust pipe and vehicle bumper observed ouiside dumpster located at the northwest corner of the property. No vehicle repair activity observed outdoor on the lot. Exterior storage situation at time of inspection does not warrant any action but needs to be moni�r- - , In Re the Licenses of Credit Auto Sales, Inc. — d/b/a Credit Auto Sales, Inc. , City's Exh. No. 1 �� • Trash dumpster not enclosed with obscuring fence. Condition not met. While photographing site, 1 observed a black male coming out of the building. Until this time, 1 was unware there was anyone on the premises. 1 approached him via the partially open gate on University. He did not speak to me but went back into the buifding. I followed him to the glass door, announced who I was and presented my business card and badge to him through the window. I observed this individual through the window Iocking the door. When 1 again announced who I was, he told me to "go away". I left the premises immediately. °l � -`J a-� Interdepartmental Memorandum City of Saint Paul Date: September 6, 1996 To: Ginger Palmer - City Attorney � From: Lawrence Zangs - LIEP � RE: 859 University Avenue - Request for adverse action against the Second Hand Motor Vehicle License (Lic. ID#17775) for non-compliance with conditions of the license. We are requesting that the City Attorney's Office begin the procedure for adverse action against the referenced license for the following reasons: • Licensehoider continues to store more "for sale" vehicles on the lot than allowed. The ticense condition limits the number of vehicles to 13. On September 5th and 6th of this year, the license inspector observed 78 vehicles. • Engines and vehicie parts were observed on the exterior of the building and a vehicie was up on blocks being repaired. Both of these are violations of the license conditions. • Trash enclosure not screen in accordance with condition. Owner was notified of this requirement in November of 1995. • The license inspector and myself have both been refused entry into the building and/or premises at various times. (See attached memo dated 4-12-96) Attached with this memo are the correspondence with the applicant and records pertaining to inspection. We also have photographs of site conditions. � � In Re the Licenses of Credit Auto Sales, Inc. ', � d/b/a Credit Auto Sales, Inc. — City's E�. No. 2 �� ST. PAUL POLICE DEPARTMENT � 'J�-C Page of GENERAL REPORT � � �� '� � Occurred Q At� Between: � hrs, on and OCT 49 Crime Lab d Property Room i 9d � //�uGz2c�'�v� _ � _ G�a�i�C.c�"�c1 • C��n �� .��ru-��i_ .�e�- �_ C�o �-n � u c2.n c�. a�i e-r.�na'� �:.�o� �ied� _. �� o;��eo, �57' `� . - � - - --- -- __ _- - Dn . 9- /C- �6_ -- a� 1 �ao._ !�<c-.s ___ r,v_ez_�e.�s�� d ��' - C�a� -�� a.�_, �l aJ � � . ort Y� --- �2ccCc �va.�.�, - cv�ea� 2e�� b.c.,r�t�,a4_� ---- ---- -- --- -- - --- --. _-- ----- - ___ _.— ------ - -- - - --- - �'� 9__ �l� _ 9�,— /saa__h��s --�� r,c�e� _ �Z�. ea� _. . �-n_ _ �o--�_ c� d__ _- - - � _ �n- - ��ee�--- G�- e--i . cz. - �o�. _ ��' C'G�o . � � - - -- - -- -- --- .. --- --- - --- ��__ _ 9-c�_�-2f�---a<� ��sl� h.15 _ C�� o�a./ o�' . ._ o�/ C�1� o� - . th_? �s��"t�2.t , - -_ - - - ---- -- Q -- - - -----. -- � ---- - -- - - - �.��.G�-P/2U...�_____�YI Q--Q.�Q �j� _ __ d�� c�___. .�� - --- U. .�� a � _ _�_ -�c� __�_�____,�% ,� -- a�'�-e� �- _ . �- -- __GJ�-�� - -h a-�- ,- - �►-�'� � Z � � , � S No.: CHF ❑ Hom ❑ Rob ❑Juv ❑ �ord ❑ ID ❑ Lab D/C � Burg ❑ Theft � Prop Q CAU � p&F Q Auto �N�i� �� fi�/\_ � t �.��.�: Rec �Team � i oao ❑ co In Re the Licenses of Credit Auto Sales, Inc.l '— d/b/a Credit Auto Sales, Inc. � City's Exh. No. 3 � ST. PAUL POLICE DEPARTMENT �� _ � � Page I ot GENERAL REPORT �d. /9a�.�� o � a-nd ,�i,eG�-id.ca` __ � �o�- . _ _ ___ - - -- ---- -- -. __ _ _ - -- ._ _ _.._-_ ___ . ___. `?J , �_� � �.� �n .�.e_ _ __ _ _ __.. _- . -- - _ � -�?!� - 9lp//7�5 rt�e�s _ __ /l e� _ .. utcud.2..,_ _ . �' _ea�o ._ o-u,�cL.e _ _ _ - - - -- _ _ _ ___ � d 7- 9��soo_ ,s'.�s_ _ _ ._ /% .__C'�o ...c�da_ r- � �a.ia.. . o-*�z__ -- - _ _ _ _ _ ___ - - - - - -.. 9-a�'- 9�_� . �3_!F� . N�s ._ _ /7 Gea�o uzo.� �C.e.�_ _ a �.._e_a�-o _ �-� _ _ - _ _ -- _ - _ - - >o -.3 - RlP f /_�.51� - - !'�. � r.�de r . __. °� �a__�0--- �-r,c.`tac�C.e _�--- _ _ _ __- --- --- --- -- -- --- ---- �c�o __ c�cl.e �O --L!�-- }��uk.ed _ � �!�'.ec.n�- _ � °�'�� Z �� . ��Q_ _ �C.s�c�.._____ .CLi`� �- d�'t.Ga _ ��cf _ �c� _ _ �- ��. . L+ E , �2-. _ . . eE��Lt.('� ItIA� / �D____ �L��Ls�:G�LL� »__..___—__ ---- -- - --� . . — �1 �� --.-�h.c� - .__ _ . _ _ _ � �-r<ci?c� v � � �- _ ��°-�- ----�,� � � - a�� -- � --- ,G-� � _. _ _ �-_. __ , _ _�u��_/.��____�,��.�'_ _ � No.: BflF ❑ Hom ❑ �ob ❑Juv ❑ Coord ❑ ID ❑ Lab �F(ec D/C ❑ Burg � Theft � Prop Q CAU ❑ F&F � Auto ❑ DAO co In Re the Licenses of Credit Auto Sales, Inc. iaa — dJb/a Credit Auto Sales, Inc. —, Su;a City's Exh. No. 4 �''H� i ��ri: �$433 . rv.��..�. 'W,. �%:'�"' ' ...�vr R'.l° :' .�� .nn� :::. . .::.v: yv '�.e�" �.�. �AS`.�. �h9 :�'P'�1„'il,ab� n4`: ArrestNumber - LastName Flrst Middle Address DOB Age Sex Race CITY OF SAINT' PAUL Norm Coleman, Mapor • November 2, 1995 Hut Thi Le Credit Auto Sales, inc. 859 University Avenue Sai�t Paul MN 55104 OFFICE OF LICENSE, INSPECTIO;�S AND nr �/� ENVII201.MEMALPROTECf10N Gt`�^'J�° Ro6en Kessler, Di�ec+or LOWRY PROFESS70,4;1L Telephone: 612-266-9090 BUILDIhG Facsimile: 672-266-9099 Sui:e 3Q0 612-266-9724 350 Sr. Perer Street Saint Pau[, Miimesow 55702-I570 RE: 859 University Av - Lic.ID# 17775 for a 2nd hand motor vehicie dealership. Mr. Hut Thi Le: We grant zoning approval for the referenced license subject to the foilowing conditions: 7. The number of vehicles for sale on the lot at any time may not exceed (13) thirteen. 2. Customer/emptoyee pask+ng and vehicle display sfiall semain consistent with the layout iilustrated on the approved site plan. See enciosed site pian. 3. The existing curb-eut on University shali be maintained open to its full width t26 feet) during business hours. This driveway is needed for proper ingress and egress to the site and for internal vehicle movements. 4. A new curb-cut, at least 14 feet wide shati be instalied to align with the overhead door on Victoria Street. The curb-cut must be constructed to city specifications with a permit issued by the Public Works Side Waik Division. This construction must be completed by a license contractor, no later than June 1, 1996. 5. Vehicies associated with the business may not be stored in or project over the pubiic right-of-way. 6. There shatl be no exterior storage of vehicle parts. The repair of any vehicte outdoors J is aiso prohibited. 7. Trash receptacles/dumpsters shall be enclosed with a wood obscuring fence at Ieast (6� six feet high. Be advised that failing to comply with these conditions couid be grounds for revocation of your license. if you have any questions, piease call rrie at 266-9083. �1�- Lawrence R. Zangs Zoning Technician � � In Re the Licenses of Credit Auto Sales, Inc. dlb/a Credat Auto Sales, Inc. Cfltv's Exh. No. 5 ; �t � - ��"� Lic ID ................... STAT ..................... Business Name......,..... Address .................. Zip...................... Doing Business As........ License Name ............. E� Date ................. Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ 17775 RS CREDIT AUTO SALES INC 859 UNIVERSITY AVE W 55104 CREDIT AUTO SALES, INC. SECOND HD DLR-MTR VEH AUTO REPAIR GARAGE 10/31/96 OWNER 13113 PH NOTICE SET UP FOR 11-29-95 SENT OLTP 11-07-95 28 MAILED, 33 EMAILED, 2 INTEROFFICE 11/29/95 PH ON APPN FOR NEW AUTO REPAIR GARAGE AND 2ND HD DLR-MV APP'D W/RESTRICTIONS C.F. #95-1400 Tax Id ................... 2230731 Worker Comp Exp Date..... Telephone ................ 227-4493 Press <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° � � In Re the Licenses of Credit Auto Sales, Inc. � — d/b/a Credit Auto Sales, Inc. —. City's Exh. No. 6 .. .:. .. q�-7a� RESTRICTIONS INQUIRY SCREEN LICENSE ID: 17775 DBA:CREDIT AUTO SALES, INC. NOTE: l:l. THE NUMBER OF VEHICLES FOR SALE ON THE LOT AT 2:ANY TIME MAY NOT EXCEED THIRTEEN (13). 3:2. CUSTOMER/EMPLOYEE PARKING AND VEHICLE DISPLAY 4:SHALL REMAIN CONSISTENT WITH THE LAYOUT 5:ILLUSTRATED ON THE APPROVED SITE PLAN. 6:3. THE EXISTING CURB-CUT ON UNIVERSITY SHALL BE 7:MAINTAINED OPEN TO ITS FULL WIDTH (26 FEET) DURING S:BUSINESS HOURS. THIS DRIVPNTAY IS NEEDED FOR 9:PROPER INGRESS AND EGRESS TO THE SITE AND FOR lO:INTFRNAL VEHICLE MOVEMENTS. 11:4. A NEW CURB-CUT, AT LEAST 14 FEET WIDE SHALL BE 12:TNSTALLED TO ALIGN WITH THE OVERHEAD DOOR ON 13:VICTORIA STREET. THE CURB-CUT MUST BE CONSTRUCTED 14:T0 CITY SPECIFICATIONS WITH A PERMIT ISSUED BY THE 15:PUBLIC WORKS SIDEWALK DIVISION. THIS CONSTRUCTION Date: Sep 16 . � In Re the Licenses of Credit Auto Sales, Inc. d/b/a Credit Anto Sales, Inc. ; City's Egh. No. 7 � � . . �{� -�a� Date: Sep 16 RESTRICTIONS INQUIRY SCREEN LICENSE ID: 17775 DBA:CREDIT AUTO SALES, INC. NOTE:I6:MUST BE COMPLETED BY A LICENSED CONTRACTOR, NO 17:LATER THAN JUNE 1, 1996. 18:5. VEIiICLES ASSOCIATED WITH THE BUSINESS MAY NOT 19:BE STORED IN OR PROJECT OVER THE PUBLIC RIGHT-OF- 20:WAY. 21:6. THERE SHALL $E NO EXTERIOR STORAGE OF VEHICLE 22:PARTS. THE REPAIR OF ANY VEHICLE OUTDOORS IS ALSO 23:PROHSBITED. 24:7. TRASH RECEPTACLES/DUMPSTERS SHALL BE ENCLOSED 25:WITH A WOOD OBSCURING FENCE AT LEAST SIX (6) FEET 26:HIGH. 27: 28; 29: 30: ' c( � ,� 2-� � a � � � � �. � V C o i-. � �� R ^� O �oz �, w � , w�k o � W � d y rn j. � � �� U R a"s �a � .� � CCi , ~� . � _ ;; �- � ;�, r:�`:f - " . � �,;_ °; .�..,...., � ____,_ m ; � .. . • ,. �i.' r ; ! G {�>'... ' �-21��- _ _ ._ . 3F;�;� ^�E�.�e; � . '�w"�...�.,�.`�._.,- ' � . __ .. '"�r�-'_� --"""� £ � �: - ! _ , �� ^ � Y((�NNt.��lW s __ ,.�. . . � \� �� _"_ . � _ . .. .. . .... . . �� i � �� i _ .._ ..__ �..�..._ � __.y��'� ��a 'Lo � _ .. _._ _ _ . . � ' ..�.�. . _^- i. . 1 A<F.: : ' `_.._.....,. .. � �� : ._ ' _. 1� _: � i - �� . - v �e; . � : .•� . , � � .. E v"�� i. � ��/� r � S �ti � i � � � i�" � � . �� . __ i "� �� '. ) . i � - � I ' �f 1 ..,� � - _ - ; _ -; ��; : , �� _ � � � �� F ' � _ ; -� �� - � . "„� ,��-��' c�A: �� ' ^ i � � " . I 6 . :`' . � ��,�.t ! �. . , J �i v} '� � I�' � � � � ..^'.� C ^'' GeE G,� a m a z� c�n n� es — e� �� C�� . ^s m •\ -s �., ; Q y �( `� c, � Ro �:+o �' + M C� kCC� O fD � •r+ T 'S � ' O � � a ti O y � A � \ A � � C y K � K "`� � F�i 0 � ? � O � �N y �• � V� y � V � �" 3 I ° ! � � ��:-- __' . u �.,:": -`-_ - ' ' ' . - _ _ ' ' =4�==- �.__-_-: � Y �Y -- 1 � 4' � �'� � ;\. • aw % _ \� � � • In Re the Licenses of Credit Auto Sales, In• d/b/a Credit Auto Sales, Inc. — � City's E h N g , o. 8 O � - �Sq -UNiv. g/�Z/q6 /0 7SA � � � uto Sa�es, in� � icenses �f uto 5ales, �� In ge th�la Credit A � City's Esh. N�• � � � -- / �y �4 /o,ssA� �u� uE� «Y �f/ _� ___ _ ��5�_ -- -- � � In Re the Licenses of Credit Auto Sales, Inc. — d/b/a Credit Auto Sales, Inc. — City's Exh. No. �J'`'� tY.Sy �/AJ l v ER.S 1 i y �{� 1/y(n /D_' 35 AM� ( In Re the Licenses of Credit Auto Sales, Inc. — d/b/a Credit Auto Sales, Inc. — City's Exh. 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' � � � � � � �� _ �� _ . - ��'�� ' �; �� M - �� ` � ��, , ;5 _` � �� .^� � . _a,ey../" ' l q.. .' ' �� f ' .. .. . � �' ��'� ' . `_ _ V k� �� _ • � ; ii ; � � . f � 'r 0 . +! 1 � t i / �� ( i��. , � : - , .., ' ,� <�1 i—��' ; ` �.�' - � µ A ; . ' � ;:• � ' `- � �� s , �,, � , , j ��,- j t � i I _� _ ' - ., �� . �� . �- -� - . � =�lj: . { � ; i: .�: -}� i . { �� : I I . , .1 . . �C .l � . . . _ :� _ - . .. ,.�, . . ... _ > ..� - � , - / � j --� �� ` � = J' - �'e = o� w � om� � o� �� o _ �Dz �, � w4'' k p �W ti, ^d � � � �' �v� m V � a� d; � �,. a \ "I , • , ° • OFFI��F TI� CITY ATTORNEY TrmoDi�Morx, Ciry Auorney � � _ .� � ( Y' CITY OF SAINT PAUL Norm Cokman, Mayor September 18, 1996 Hut Thi Le Credit Auto Sales, Inc. 859 University Avenue West Saint Paul, Minnesota 55104 Civil Division 400 Ciry Ha[! 15 West KelZogg Blvd Sa'vu Pau� Mvmesom 55702 Telephone: 612166-8770 Facsimile: 672 298-5619 Re: All Licenses held by Credit Auto Sales, Inc, d/b/a Credit Auto Sales, Inc. for the premises located at 859 University Ave. West, St. Paul License ID No. 17775 Dear Mr. Hut Thi Le: I am in receipt of information that could lead to adverse action against all your licenses. The basis for adverse action is: On April 12, 1996, vehicle parking was not consistent with the approved site plan in that vehicles were grouped ,together at the north end of the property in the area on the site plan shown as the driveway. On this same date, customer and employee parking were aot elearly marked and there was no markiag for a handicapped parking space. Oa April 12, 1996, trash dumpsters were not enclosed with an obscuring fence, in violation of the condition on your license that trash receptacles and dumpsters shall be enclosed with a wood obscuring fence at least six (6) feet high. On September 5, 1996 and September 6, 1996 a license inspector observed eighteen (18) vehicles stored on the lot. This is a violation of the condition of your license that no more than thirteen (13) vehieles be stored. On September 5, 1996 engines and vehicle parts were observed on the exterior of the building and a vehicle was up on blocks being repaired. These are violations of the conditions on your license that there be no exterior storage of vehicle parts and that aay outdoor repair of vehicles is prohibited. � � In Re the Licenses of Credit Auto Sales, Inc.' d/b/a Credit Auto Sales, Inc. — City's Exh. No. 9 .' _ - ' . � � 0�'1- � �-� On September 5, 1996 your trash receptacles were still not screeaed by the wood obscuring fence required by the licease coaditions. Licease inspectors and zoning personael have beea refused entry into the building oa aeveral oecasioas between April aad September 1996. If you do not dispute the above facts, this matter will be scheduled before the City Council for a hearing on what penalty, if any, to impose. You will be allowed to speak on your behalf at that hearing. I will need to have a letter from you saying that you do not dispute the facts if we are going to follow that path. On the other hand, if you dispute the above facts, I will schedule the evidentiary hearing on the facts before an Administrative Law Judge. In that event, you will receive a notice of hearing so you will know when and where to appear, and what the basis for the hearing will be. In either case, you should contact me within five days from the date of this letter. If I do not hear from you, I will schedule the evidentiary hearing, and you may be responsible for the costs of the hearing if you do not then appear and contest the facts. Please call me or have your attorney call me at 266-8710. Very truly yours, r 'Z/G'E!�%+�r J � "ti� Virginia D. Palmer Assistant City Attorney ce:. Robert Kessler, Director, LIEP Christine Rozek, LIEP Michael Samuelson, Exec. Director/Community Organizer, Thomas- Dale/Dist. 7 Planning Council, 369 University Ave., St. Paul, MN 55103 Page 2 � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) � � �1-� �-� AFFIDAVIT OF S73RVICT BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on September 18, 1996, she served the attached LETTER on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Hut Thi Le Credit Auto Sales, Inc. 859 University Avenue West St. Paul, MN. 55104 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, m;_n„PGnta_ Subscribed and sworn to before me this 18th day of September, 1996. \7.1� ar Pub 'c • KATHRYN J. McIAUGHLiN � a'^- ". NOTARYPUBLIC—MINNESOTA ��'�� RAMSEY COUNTY � My Comm. EzpireS Jan. 31, 2000 , CITY OF SAINT PAUL Norm Coleman, Mtryor October 8, 1996 OFF� OF THE CITY ATTORNEY Timo Ma�, Crty Attomey q. � r � ( � j-Ja`P Civil Divirion 400 Ciry Ha7! Telephone: 671266-87/0 15 West Kellogg B(vd Facsimile: 612 298-5619 Saint Pau4 Mnnesow SSl02 Hut Thi Le Credit Auto Sales, Inc. 859 University Avenue West Saint Paul, Minnesota 55104 Re: Al1 Licenses held by Credit Auto Sales, Inc. d/b/a Credit Auto Sales, Inc. for the premises located at 859 University Ave. West in St. Paul License ID No. 17775 Our File Number: G96-0456 Dear Mr. Hut Thi Le: Our office sent you a letter dated September 18, 1996, in which you were notified of several violations of the conditions placed on your license. The letter asked that you contact this office to let us know whether you disputed those violations. If you admit to the violations, this matter will be scheduled for a hearing before the Saint Paul City Council to determine what, if any, penalty to impose. If you wish to dispute the violations, then this matter will be scheduled for an evidentiary hearing before an administrative law judge. If we have not received anything in writing by Wednesday, October 16, 1996, we will proceed to schedule this matter for the administrative hearing. We will send you a notice which will tell you when and where the hearing is to be held. If you have any questions, you can contact me at 266-8710. Sincerely, ✓ �"�''�"��'� ;`r�'^h:2 U Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, Deputy director, LIEP Michael Samuelson, Exec. Director/Community Organizer, Thomas- Dale/Dist. 7 Planning Council, 369 University Ave., St. Paul, MN 55103 . � In Re the Licenses of Credit Auto Sales, Inc.� — d/b/a Credit Auto Sales, Inc. City's Eah. No. 10 . . � � c� � -�� STATE OF MINNESOTA ) ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY ) JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on October 8, 1996, she served the attached LETTER on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Hut Thi Le Credit Auto Sales, Inc. 859 University Avenue West St. Paul, MN. 55104 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 8th day of October, 1996. W , . �, t r P 1'c s � KATNRYN J. McLAUGHLiN � •�P� .OU '`�-> RIaiUSEY COUNTY My Comm. Expiras Jan. 31, 200D ' � � OFFIC�THE CITY ATTORNEY Timothy City Attarney rt � _'J �.(�p �` CIT'Y OF SA1N'T PAUL Norm Colemm�, Mayor October 15, 1996 Hut Thi Le Credit Auto Sales, Inc. 859 University Avenue West Saint Paul, MN 55104 Civil Divirion 400 City Hail IS West Kellogg Blvd Savu Pm�l, Mmnesota SSIQ2 RE: All licenses held by Credit Auto Sales, Inc. License ID #:17775 Dear Mr. Lee: Telephone: 6I2 266-&710 Facsimile: 612 298-5619 You were sent a notice of violation dated September 18, 1996 regarding the possibility of adverse action against your licenses at 859 University Avenue in Saint Paul. The letter explained your options of either admitting the violations outlined in the letter or requesting that the matter be sent to an administrative law judge to determine whether the violations had, in fact, occurred. I will need to receive a letter from you no later than October 22, 1946 stating which option you would like to pursue. If I have not heard from you by October 22, 1996 the matter will be scheduled for an administrative law judge. Once the matter has been scheduled for a hearing before an administrative law judge there are certain costs associated with the process which may be assessed against you if you later decide that you do not dispute the facts or do not appear at the hearing to contest them. If you contact me. Sincerely, �'S J have any additional questions please feel free to Virginia D. Palmer Assistant City Attorney � � In Re the Licenses of Credit Auto Sales, Inc.j — d/b/a Credit Auto Sales, Inc. City's Exh. No. 11 � � - � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) � � � �� -� AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on October 15, 1996, she served the attached LETTER on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Hut Thi Le Credit Auto Sales, Inc. 859 University Avenue West St. Paul, MN. 55104 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 15th day of October, 1996. .� \ , 1'c • KATHRYNJ.McIAUGHLiN� �>� NOTARYPIIBIIC ;'��-'�= RAMSEY COUNTY . My Comm. ExpireS Jan. 31, 20W CITY OF SAINT PAUL Norm Colemmr, Mayor November 1S, 1996 NOTICS OF HEARING Aut Thi Le Credit Auto Sales, Inc. 859 University Avenue West Saint Paul, Minnesota 55104 OFFICE OF THE CITY ATTQRNEY r,MOr� E n�.�. c;y aao� �,� _�.�,� c;�a nrvur�„ 400 City Ha11 15 West Kel[ogg Blvd Sairst Pau� M'msresnla SSIO2 Telephone: 6T2 266-8970 Facs�ile: 611298-5619 � Re: Al1 Licenses held by Credit Auto Sales, Inc. d/b/a Credit Auto Sales, Inc. for the premises located at 859 Uniqersity Ave. West, St. Paul License ID No. 17775 Our Fil.e Number: G96-0456 Dear Mr. Hut Thi Le: Please take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises stated above: Date: Moaday December 16, 1996 Time: 9:30 a.m. Place: Rm 1503 City Hall Annex 25 SVest 4th Street St. Paul, 2�T 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Iiearings: Name: Jamea Ranum Fifth Street Towers, Suite 1960 150 South Sth Street Minneapolis, 2�IId. 55402 Telephone: 333-7579 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, inc2uding sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-intoxicating liquor; �uthority is l � � In Re the Licenses of Credit Auto Sales, Inc. — d/b/a Credit Auto Sales, Inc. —� City's Exh. No. 12 ; �� i� v ` also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or con@itions. Evidence will be presented to the judge which may lead to adverse action against a�l the licenses you hold at the above premises as follows: On April 12, 1996, vehicle parkiag was not cottsisteat with the approved site plan in that vehicles were grouped together at the north end of the property ia the area on the aite plaa shown as the driveway. On this same date, customer and employee parking were not clearly marked and there was ao marking for a haadicapped parking space. On April 12, 1996, trash dumpsters were not enclosed with an obscnring fence, in violatioa of the condition on your license that trash receptacles and dumpsters shall be enelosed with a wood obscuring fence at least six {6) feet high. On September 5, 1996 and September 6, 1996 a license inspector observed eighteen (18) vehicles stored on the lot. This is a violation of the condition of your license that ao more than thirteen (13) vehicles be stored. On 3eptember 5, 1996 engiaes and vehicle parts were observed oa the exterior of the buildiag aad a vehicle was up oa blocks being repaired. These are violations of the conditions on your license that there be no exterior storage of vehicle parts and that any outdoor repair of vehicles is prohibited. On September 5, 1996 your trash receptacles were still not sareened by the wood obscuriag fence required by the license conditions. Licease inspectors and zoning personnel have been refused eatry into the building on several oceasions between April and September 1396. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code Notice of Hearing - Page 2 l : ' ' �� as may be applicable. At the hearing, the Administrative Law Judge will have all parties ic3entify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-�amine. The Administrative Law Judge may in addition hear relevant and materiaZ �estimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records aad witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Very truly yours, �� Virginia D. Pa2mer Office of the City Attorney cc: Nancy Thomas, Office of Administrative Hearings 1D0 Washington Square, Suite 1700, Mpls., MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Michael Samuelson, Exec. Director/Community Organizer, Thomas- Dale/Dist. 7 Planning Council, 369 University Ave.,, St. Paul, MN 55103 Notice of Hearing - Page 3 1 � � _�2� STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF 3ERVICFs BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on November 18, 1996, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Hut Thi Le Credit Auto Sales, Inc. 859 University Avenue West Saint Paul, MN. 55104 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 18th day of November, 1996. �� _ �� STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on November 25, 1996, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Hut Thi Le 1801 N. Winnetka Avenue Galden Valley, MN. 55427 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota_ Subscribed and sworn to before me this 25th day of November, 1996. K ""'�I J. PAcLAUGM! Ih "- ', Pu�, !C-MlNNESOTA � R,�id,SEY COUNTY F�, � � ��.r� � � � ��, � i,,; � �'`,� !;'� � Council File # �� — �J �� > �_ { � " Green Sheet # +-1 bZ� RESOLUTION OF SAINT PAUL, MINNESOTA Gl . /1_ /� / � " Presented By Referred To S. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Committee: Date RESOLVED, that the Auto Repair Garage and Second Hand Motor Vehicle Dealer's Licenses held by Hut Thi Le, d/b/a Credit Auto Sales, Inc., for the premises at 859 University Avenue in Saint Paul, are hereby revoked effective upon passage and signature of this resolution. FURTHER RESOLVED, that the findings of fact, conclusions of law and memorandum contained in the Administrative Law Judge Report in this cased, dated January 13, 1997, are expressly ratified and adopted as the written findings and conclusions of the Council in this matter, and the recommendation of the ALJ is hereby adopted. This Resolution is based on the record of the proceedings before the ALJ, including the hearing on December 16, 1996, the documents and e�ibits introduced therein, and the deliberations of the Council in open session on February 26, 1997. A copy of this resolution, as adopted, shall be sent by first class mail to the Administrative Law Judge and to Hut Thi Le. Requested by Department of: By: Form Approved by City Attorney Adopted by Covncil: Date � q Adoption Certified by Council Secretary By : �h f i. f . c�,�,.,� g'`� . � �t B �'��a' Approved by Mayor for Submission to Approved by Mayor: Date �` p+�<� Council � �� \ By: By: �Irl -3�.� ��4 DEWWTYENTADFFICHCOUNQL DATEINITIATED GREEN SHEET Ci CouncIlOffices 3-25-1997 COMACT PERSON & PHONE INITIAVDATE INITIAVDATE �DEPAFiTMENTDIRE OCINCAUNCIL Jerry Blakey, 266-8610 ASSIGN � pTYATTORNEY � C17V CLERK MUST BE ON CAUNCIL AGENDA BV (DATE) pOUTING� � BUDGET DIFECTOfl O FIN. S MGT. SEMICES DIR. A II� • z� 19�I OflOEfl � MAYOR (Ofl ASSISTANT) � P� TOTAL # Of SIGNATURE PAGES (CLIP ALL LOCATIONS FOR SIGNATUR� ACTION PEQUESTED: Finalizing City Council action taken on February 26, 1997, concerning adverse acflon against licenses held by Hut T7u Le, DBA Credit Auto Sales, Inc., 859 University Avenue. RECAMMENDATIONS: Approva (A) or Faject (P) pERSONAL SERVICE CONTRACTS MUST ANSWEH THE FOLLOWING QUESTIONS: _ PLANNING COMMISSION _ CIVIL SEAVICE COMMISSION �� Has this personttirm ever worked under a contract for this department? _ CIB COMMfITEE YES NO _ S7AFF 2. Has this person/firm ever been a ciry employee? — YES NO _ DISTRICT COURr _ 3. DOes thiS pefson/fifm posseSS a Skill n0f nOrmdll y possessed by any curreM city employee? SUPPORTS WNICH COUNCIL O&IECTIVE? VES NO Explain all yea answers on separete sheet anE attach to green sheet INITIATING PROBLEM, ISSUE, OPPEIRTUNITV (Who, Whet, When, Where. Why): R,ECE�� _ �IAR 2 g �, IERRY g� ADVANTAGESIFAPPROVEQ. DISADVANTAGES IFAPPROVED: � ��.�� #�� Ii3�t�SS`� � `v' �� DISADVANTAGES IF NOTAPPROVED � TO7AL AMOUNT OFTRANSACTION $ COS7/pEVENUE BUDGETED (CIRCLE ONE) VES NO FUNDI(8G SOURCE AC71VI7Y NUMBER FINANCIAL INFOflFAATION' (EXPLAIN) �_ ,. , , OFFICE OF T'f� CITY ATTORNEY Tunothy E. Mas.K Ciry Atlorney CITY OF SAINT PAUL Norm Colenwn, M¢yor January 30, 1997 Civi! Division 400 Ciry Hall ]S i�est Kellogg Btvd Sabtt Pau1, M"mnesota 55702 NOTICS OF COIINCIL HEARING Hut Thi Le Credit Auto Sales, Inc. 859 University Avenue West Saint Paul, Minnesota 55104 �l` 3� � Tekphone: 612 266-8770 Facsimile: 6I2198-5679 Re: Al1 Licenses held by Credit Auto Sales, Inc. d/b/a Credit Auto Sales, Inc. for the premises located at 859 University Ave. West, St. Paul License ID No. 17775 ' Our File Number: G96-0456 Dear Mr. Hut Thi Le: Please take notice that a hearing on the report of the Administrative Law Judge concerning the above-mentioned license has been scheduled for 4:30 p.m., Wednesday, February 26, 1997, in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. You have the opportunity to file exceptions to the report with the City Clerk at any time during normal business hours. You may also present oral or written argument to the council at the Hearing. No new evidence will be received or testimony taken at this hearing. The Council will base its decision on the record of the proceedings before the Administrative Law Judge and on the arguments made and exceptions £iled, but may depart from the recommendations of such Judge as permitted by law in the exercise of its judgement and discretion. Sincerely, ��/ � t� Virginia D. Palmer Assistant City Attorney cc: Hut Thi Le, 1801 Winnetka Nancy Anderson, Assistant Robert Kessler, Director, Christine Rozek, LIEP Ave. N., Golden Valley, MN 55427 Council Secretary, 310 City Hall LIEP Michael Samuelson, Exec. Director/Community Organizer, Thomas- Dale/Dist. 7 Planning Council, 369 University Ave., St. Paul, MN 55103 . � ._ . �� cCrl -�3� • JAY 1 � ;997 �� Fii2 No. 57-2111-7082� 3 STATE OF MINNESOTA OF-►CE OF ADM{t�l1STRATIVE HEARlNGS FOR TtiE ST. PAUL CITY COUNCIL fn re the Licenses of Credit Auto - Sales, inc. d/b/a Credii Auto Sales FINDINGS OF FACT, inc. for the premises located at CONCLUS{ONS OF LAW 859 University Avenue West AND RECOMMENDATION St. Pau(, Minnesota The above entit(ed matter came on for hearing be#ore Administrative Law Judge James H. Ranum on December 16, 1996 at 9:30 a.m. in Room 1503, City Nall Annsx, 25 West Fourth Street, St. Paul, Minnesota. Virginia 0. Pa(mer, Assistant St. Paui City Attorney, 400 City Hall, 15 West Ke4logg Boulevard, St. Paul, Minnesota, appeared on behalf of the Office of License, lnspectios�s and Environmental Protection. The license holder, Hut Thi Le, for the ¢remises located at 859 University Avenue West, SY. Paul, Minnesota, did not appear at the hearing. The record ciosed on December 16, 1996. These Findings and Conc(usions may be appealed to the St. Paul City Counci! by any aggrieved person by fiiing a notice with the City Clerk. The appea( wi!! then be �iE �� -3 �-� scnecu!ed for a near;nu at :;,e nex; CiP� C::unc;; .,,��::r:_ .,.�„� �„�� ;��,;s;cr=_ v�� contained in Section 331.05(m){5), St. �aul Legisi2tive Cede. STATEs'NENT OF 1SSUE The issue fo be determined in this case is whether grounds exist to support the assessment of penalties against Credit Auto Sales, Inc. FINDINGS OF �ACT 1. Credit Auto Sales, Inc. doing business as Credit Auto Sales, Inc. is located at 859 University Avenue West, St. Paul, Minnesota. 2. On April 12, 1996, the site at 859 University Avenue West, St. Paul, Minnesota was inspected to determine if conditions for secondary car sales zoning could be met for the reterenced business. 3. On Apri( 12, 1996, the inspectors determined the foliowing: {a) Six vehicles were parked in such a way as to be in violation of the site plans. (b) Customer and employee parking spaces were not clearly marked. (c) 4iandicapped signs were not posted fos parking. {d) There were no curb cut improvements on Victoria Avenue. (e} The trash dumpters were not enclosed with appropriate fencing. 4. At some time fol{owing Apri1 12, i996, whife photographing the site, an inspector observed an individuaf come out of the building at 859 University Avenue West. The inspector approached the individuaf by way of the partiafiy opened gate on University �'� o�� _� a-t� Avenue. The individu2i did net seeak :o .h° inspector but went ir,sic° :he �uiicinc. -�,a inspectorfo!lowed the individual to the giass door and announced thGt he was an inspec:or for the City of St. P2ul and preseni2d his business card and badge zhrough the wincow. The individual then locked the door. When the inspector again announced who he was he was told to "Go away". 5. On September 5, 7950, the area was inspected and the following was fcund: (a) Eighteen venicles were observed stored on the lot. This was in violation of the condition of the lic°nse that no more than 13 vehicles be stored. (b) Several engines and vehicle parts were observed outside the building and additionaily a vehicle was up on blocks being repaired. These were violations of the conditions of the license that there was to be no exterior storage of vehicle parts and that any outdoor repair of vehicles was prohibited. (c) The trash receptacles were sti(i not screened with the appropriate fence required by the lease conditions. 6. License inspectors and zoning personnel were refused entry into the building on severai occasions between April and September 1996. 7. Numerous times during the Aprii to September 1996 period an inspector visited Mr. Hut Thi Le to explain that he was in violation of the conditions. The inspec#or -3- q`l -� a � �x�iair,�C ; �cmv io come ir,o c�nformiiy with the corditions. However, the cor.ditions were never correc:ed. 8. On Apri1 11, 1596, at 2:20 p.m., poiice officersvisited the site. 'fhey recorded a:otal of 28 cars outside with four of them be+ng on the side�Naik area next to the business. 9. On September 16, 1�96, at 3:00 p.m., there were 21 cars in the lot and seven on the street area �or a iotai oi 28 cars. 10. On September 24, 159^0, at 1:30 p.m., a total of 21 cars were present with three on the street. 11, On that date, several males were loitering in the lot. The individuals did not appear to be working. 12. On September 26, 1996, at 5:14 p.m., there were 16 cars inside and three cars outside. 13. On September 27, 1996, at 7:00 p.m., there were 17 cars inside and four outside. 14. On September 28, 1996, at i:45 p.m., there were 17 cars inside and three cars outside. i5. On October 3, 1996, at 2:56 p.m., there were 18 cars inside and four cars outside. 16. By September 6, 1996, the City Attorney's office had began the procedure for adverse action against the licens2e. � �� -� � � c:;r�c�:�s�cr�s 1. The Aamir;�s�r2tive La�v Judge has iurisdiction in this matter pursuant to Section 331.05(m)(4) oT :ne St Paul Legislaiive Code and Minn. Stat. 14.55. 2. The Notice of Hearing was proper and the City has complied with all other substantive and procedural requirements of law or rule. 3. The Council of the C+ty ef St. Paul has the author+ty to orovide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, inciuding Sections 310.05 and 370.06, of the St. Paul Legislative Code. Adverse action may include revocation, suspension, fines and other penalties or conditions. RECOMMENDATION 1. The license should be revoked. Dated this \� day of '� , 1997. � H. RANUM trative Law Judge -5- �� -�a� ,'VIE�/ICRAtVDLM �F' ;','/ The recommendation for revccation is hars�. However, it aQpears �hGt :he iicer,s2 hoider completely iailed to follow directions. An 2xampie of �he compie#e lack of ceooeration w2s manrfested by the inspec:ors not being alicwed on the site. !t is necessary to communicate to other ?ic2r,s2 hoiders �hat ;he site is no lonaer in business. JHR � STATE OF MINNESOTA �`Z - 3 a-� OFFICE OF ADMII�ISTRATIVE HEARINGS 100 Washington Square, Suite 1700 100 Washington Avenue South Minneapolis, Minnesota 55401-2138 January 16, 1996 Fred Owusu City Clerk 170 City Hall 15 W. Kellogg Blvd. St. Paul, MN 55102 Re: In the Matter of the License of Credit Auto Sa4es, 1nc. D/b/a Credit Auto Sales, Inc. OAH Docket No. 57-2111-10823-3 Dear Mr. Owusu: On January 13, 1997, Administrative Law Judge Ranum served the Findings of Fact, Conclusions and Recommendation in the above-entitled matter. Enclosed is the official record, including a copy of the tape recording of the hearing. Our file in this matter is now being closed. Very truly yours, ° �'/�� dl � ��t�',YJx� Nancy M. Thomas Docket Clerk Telephone: 612/341-7615 NT Enc. Providing lmpartial Hearings for Government and C'�zens An Equal Opportuniry Employer ' Administrative Law Section & Administrative Services (612) 341-7600 � TDD No. (612) 341-7346 � Fax No. (612) 349-2665 ; G � - 3 �-� AFFIDAVIT OF SERVICE BY bIAIL STATE OF MINNRSOTA ) ) COIINTY OF HENNEPIN } James H_ Ranum, of the City of Minneapolis, County of Hennepin, in the State of Minnesota, being duly sworn, says that on the 13`' of U�--g , 199�, he served the following: �aq1 `�ct�9rnr�S o��Ft�c �'ouC�uSc�U� UF 1.-t�"' N4.-� �l �-2 �[ � � � L�Cy�� \c�i . on a� f or the C"e �� !�"`�" �`(�' bY mailing a copy thereof in an envelope, postage prepaid, and by depositing same in the post office at Minneapolis, Minnesota, directed to said at�ney at: t ��e � \c� '� �q t �vP �s � 5 �-- Q�-c( V�'"`' a,-� 40� �� 1�1� l� c.��,� ��"��°S4 ��- �'""`� /�ti last known address of said �y. Subscribed and swom to me this �-si'h day of �in before , 199� 1aq� �'rI� N, �.,��,., Notary Public 1. c�-� (�( �.._ w. � 4 �f Jam s H. Ranum rli � ' , , � y � � � ti � ,� � ,,., lj!✓'!'1'././'I!�'I./l!!!IlIJl�'lJ'.f' � � � �� _� 2- � File No. 57-2 1 1 1-1 0823-3 STATE OF MINNESOTA OFFfCE OF ADMINIISTRATIVE tiEAR113GS FOR �HE ST. PAUL CITI( COUI3CIL In re the Licenses af Credit Auto Sales, inc. d/b/a Credit Auto Sales, FINDINGS OF FACT, inc. for the premises located at CONCLUSIONS OF LAW 859 University Avenue West AND RECOMMENDATION St. Paui, Minnesota The above entitled matter came on for hearing before Administrative Law Judge James H. Ranum on December 16, 1996 at 9:30 a.m. in Room 1503, City Hall Annex, 25 West Fourth Street, St. Paul, Minnesota. Virginia D. Palmer, Assistant St. Paul City Attorney, 400 City Hall, 15 West Kellogg Boulevard, St. Paul, Minnesota, appeared on behalf of the Office of License, Inspections and Environmental Protection. The license holder, Hut Thi Le, for the premises located at 859 University Avenue West, St. Paul, Minnesota, did not appear at the hearing. The record closed on December 16, 1996. These Findings and Conclusions may be appealed to the St. Paul City Council by any aggrieved person by filing a notice with the Gity Clerk. The appeal wili then be -1- �,�_�a� scheduled for a hearing at the next City Council meeting. These appeal provisions are contained in Section 331.05(m)(5), St. Paul Legislative Code. STATEMENT OF ISSUE The issue to be determined in this case is whether grounds exist to support the assessment of penalties against Credit Auto Sales, inc. FINDIN6S OF FACT 1. Credit Auto Sales, Inc. doing business as Credit Auto Sales, Inc. is located at 859 University Avenue West, St. Paul, Minnesota. 2. On April 12, 1996, the site at 859 University Avenue West, St. Paul, Minnesota was inspected to determine if conditions for secondary car sales zoning could be met for the referenced business. 3. On April 12, 1996, the inspectors determined the following: (a) Six vehicles were parked in such a way as to be in violation of the s+te plans. (b) Custamer and employee parking spaces were nat clearly marked. (c) Handicapped signs were not posted for parking. (d) 7here were no curb cut improvements on Victoria Avenue. (e) The trash dumpters were not enclosed with appropriate fencing. 4. At some time following April 12, 1996, while photographing the site, an inspector observed an individual come out of the building at 859 University Avenue West. The inspector approached the individual by way of the partially opened gate on University y� �� -�a-� Avenue. The individuai did not speak to the inspector but went inside the building. The inspectorfoilowed the individual to the glass door and announced that he was an inspector for the City of St. Paul and presented his business card and badge through the window. The individual then locked the door. When the inspector again announced who he was he was told to "Go away". 5. On September 5, 1996, the area was inspected and the following was found: (a) Eighteen vehicles were observed stored on the lot. This was in violation of the condition of the license that no more than 13 vehicles be stored. (b) Several engines and vehicle parts were observed outside the building and additionally a vehicle was up on biocks being repaired. These were violations of the conditions of the license that there was to be no exterior storage of vehicle parts and that any outdoor repair of vehicfes was prohibited. (c) The trash receptacles were sti(( not screened with the appropriate fence required by the lease conditions. 6. License inspectors and zaning personnel were refused entry+ntothe building on several occasions between April and September 1996. 7. Numerous times during the April to September i896 period an inspector visited Mr. Hut Thi Le to explain that he was in violation of the conditions. The inspector Qc� �� : explained how to come into conformity with the conditions. However, the conditions were never corrected. 8. On Aprii 11, 1996, at 2:20 p.m., police officers visited the site. They recorded a total of 28 cars outside with four of them being on the sidewalk area next to the business. 9. On September 16, 1996, at 3:00 p.m., there were 21 cars in the lot and seven on the street area for a total of 28 cars. 10. On September 24, 1996, at 1:30 p.m., a totai of 21 cars were present with three on the street. 11. On that date, several males were loitering in the lot. The individuals did not appear to be working. 12. On September 26, 1996, at 5:14 p.m., there were 16 cars inside and three cars outside. 13. On September 27, 1996, at 7:00 p.m., there were 17 cars inside and four outside. 14. On September 28, 1996, at 1:45 p.m., there were 17 cars inside and three cars outside. 15. On October 3, 1996, at 2:56 p.m., there were 18 cars inside and four cars outside. 16. By September 6, 1996, the City Attorney's office had began the procedure for adverse action against the licensee. � , ��_32� CONCLUSIONS 1. The Administrative Law Judge has jurisdiction in this matter pursuant to Section 331.05(m}(4) af the St. Pau! Legislative Code and Minn. Stat. 14.55. 2. The iVotice of Hearing was proper and the City has comp{ied with ai{ other substantive and procedural requiremenis ofi law or rule. 3. The Council of the City of St. Paul has the authority to provide for hearings concerning licensed premises and foradverse action against such licenses, under Chapter 310, including Sections 310.05 and 310.06, of the St. Paul Legislative Code. Adverse action may include revocation, suspension, fines and other penalties or conditions. RECOMMENDATION 1. The license should be revoked. Dated this l��day ofi _(�� 1997. J ME� H. RANUM A ' strative Law Judge -5- ��_3�-� MEMORANDUM OF LAW The recommendation for revocation is harsh. However, it appears that the license holder completely failed to follow directions. An example ot the complete lack of cooperation was manifested by the inspectors not being ailowed on the site. It is necessary to communicate to other license holders that the site is no longer in business. JHR � CITY OF SAINT PAUL "- '� � ��' '= � Norn+ Colemm; Mayo� , � �W �:G:' I9 �,� �?� 47 x �-`_' ;..'__",.,_.,.,_ %1v11:.:IJ i, iY._ 4 i�'rit�,,:l;.�i November 15, 1996 OFFICE OF THE CITY ATTORNEY Timothy � Mars, Ciry Attorney � f l J `�r7 Civi! Division 400 Ciry HaII Tekphone: 6I2 266-8710 IS West Kellagg Blvd Facsimile: 612 298-5679 � Saint Pau� M'mnesota 55102 " NOTICL OF HEARING Hut Thi Le Credit Auto Sales, Inc. 859 University Avenue West Saint Paul, Minnesota 55104 Re: Aii Licenses heid by :.redit Auto Sales, Inc. d/b/a Credit Auto Sales, Inc. for the premises located at 859 Uniqersity Ave. West, St. Paul License ID No. 17775 Our File Number: G96-0456 Dear Mr. Aut Thi Le: Please take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises stated above: Aate: Monday December 16, 1996 Time: 9:30 a.m. Place: ' Rm 1503 City Hall Annex 25 West 4th Street St. Paul, AIId 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Hearings: Name: 3amea Ranum Fifth Street Towers, Suite 1960 150 South Sth Street Minneapolis, D4d. 55402 Telephone: 333-7579 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, including sections 310.05 and 310.o6, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-intoxicating liquor, authority is � , �1�-�aG also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or conditions. Evidence will be presented to the judge which may lead to adverse action against all the licenses you hold at the above premises as follows: On April 12, 1996, vehicle parking was not consistent with the approved site plan in that vehieles were grouped together at the north ead of the property in the area oa the site plan showa as the driveway. Oa this same date, cuatomer and employee parking were not clearly marked and there was no marking for a handicapped parking space. On April 12, 1996, trash dumpsters were not enclosed with an obseuring fence, in violation of the condition on your license that trash receptacles and dumpsters shall be enclosed with a wood obscuring fence at least six (6) feet high. On September 5, 1996 and September 6, 1996 a licease inspector observed eighteen (18) vehicles stored on the lot. This is a violation of the condition of yous license that no more than thirteen (13) vehicles be stored. . On September 5, 1996 engines and vehicle parts were observed oa the exterior of the building and a vehicle was up on blocks being repaired. These are violations of the conditions on your licease that there be no exCerior storage of vehicle parts aad that aay outdoor repair of vehicles is prohibited. On September 5, 1996 your trash receptacles were sti1Z not screened by the wood obscuriag fence required by the license conditions. License inspectors and zoaing persoanei nave been reiusea entry into the building on several occasioas between April and September 1996. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code Notice of Hearing - Page 2 �l�_� as may be applicable. At the hearing, the Administrative Law Judge will have all parties identify themselves for the record. The City wi11 then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of who�a the City's attorney may cross-examine. The Administrative Law Judge may in addition hear relevant and material te$timony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in tlze outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the 3udge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records and witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Very truly yours, vV�� Virginia D. Palmer Office of the City Attorney cc: NanCy Thomas, Of£ice of Administrative Hearings 100 Washington Square, Suite 1700, Mpls., MN 55401 Nancy Anderson', Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Michael Samuelson, Exec. DirectorjCommunity Organizer, Thomas- Dale/Dist. 7 Planning Council, 369 University Ave.,, St. Pau1, MN 55103 Notice of Hearing - Page 3" 1 �_ a � / � J �'1� OFFICPs OF ADMINISTRATIV7� HEARINGS FOR THE COUNCIL OF THE CITY OF SAINT PAUI, In re the License of Credit Auto Sales, Inc. d/b/a Credit Auto Sales, Inc. 859 University Avenue West CITY'S PROPOSED EXHIBITS December 16, 1996 TO: Judge James Ranum, Administrative Law Judge, Office of Administrative Hearings, 100 Washington Square, Suite 1700, Minneapolis, Minnesota 55401 The following consti�utes a list of the City`s proposed exhibits for the Administrative Hearing on December 16, 1946. Exhibit No Exh_ No. 1 Exh. No. 2 Exh. No. 3 Exh. No. 4 Exh. No. 5 Exh. No. 6 Exh. No. 7 Description Licensing Report dated April 12, 1996 (2 pp. ) ; Licensing Report dated September 6, 1996 (1 p.): Police Report CN 96-152-226, dated 9/24/96 (1 p.); Police Report CN 96-157-722, dated 10/3/96 (1 p.); Licensing Report dated November 2, 1996 (1 p.); License information regarding Credit Auto Sales, Inc. (1 p.); License Restrictions Inquiry Screen regarding Credit Auto Sales, Inc. ( 2 pp.); �'�,� '� � Exh. No. 8 il photographs of conditions at licensed establishment (exhibits 8a - 8k); Exh. No. 9 Notice of Violation letter dated September 18, 1996, with Affidavit of Service (3 pp.); Exh. No. 10 Letter dated October 8, 1996, with Affidavit of Service (2 pp.); Exh. No. 11 Exh. No. 12 Letter dated October 15, 1996, with Affidavit of Service (2 pp.); Notice of Hearing letter dated November 15, 1996, with Affidavit of Service (5 pp.). Also attached please find courtesy copies of applicable St. Paul City ordinances: St. Paul Legislative Code St. Paul Legislative Code St. Paul Legislative Code St. Pau1 Legislative Code St. Paul Legislative Code � 310.05 § 310.06 § 310.17 Chapter 401 Chapter g23 Respectfully submitted this 16th day of December, 1996. `��Uz�r�N:ec�,!7� a�rv..v� Virg ia D. Palmer Assistant City Attorney Office of The City Attorney 400 City Hall 15 West Kellogg Boulevard Saint Paul, Minnesota 55102 (612)266-8710 �` ' i� � Interdepartmental Memorandum City of Saint Paul Date: Aprii 7 2, 1996 To: Kris Schweinler From: Lawrence R. Zangs RE: 859 University Avenue -- License ID# 17775 for Second Hand Dealers Motor Vehicle Business Per your request, Peg Fuller and 1 inspected the site today to determine if conditions of zoning approval were met for the referenced licensed business. The foliowing detaiis the results ofi our inspection: Inspection Time: 10:55 AM Weather Condtion: Overcast • There were twelve vehicles and one delivery truck parked on the site. Condition met. • Six were parked in the general area of the site shown on the approved site plan. The remainder were grouped together at the north end of the psoperty, in the area on the site plan shown as driveway. There was a delivery truck parked in this same area, in front of the overhead door on the west side of the 6uilding. Assessment is that parking of vehicles not generally consistent with the approved site plan. • Customer and employee parki�g space not clearly marked. Handicapped sign not posted for parking space. Condition not met. • The ability for customers to park on the property was blocked by a closed gate on the University Avenue driveway. The access Yo the property from Victoria Street was also blocked by a locked gate and several vehicles. Unable to determine at this time the status of the parking access condition since I was not sure the place was open for business. • No curb cut improvements noted on Victoria Avenue. Applicant has until June 1, 1996 to meet this requirement. • No vehicles observed stored on the street or projecting into the right-of-way. Condition appears to be met at this time. • Severaf tires stored outside on a rack next to neighboring building along the east property line. Exhaust pipe and vehicle bumper observed ouiside dumpster located at the northwest corner of the property. No vehicle repair activity observed outdoor on the lot. Exterior storage situation at time of inspection does not warrant any action but needs to be moni�r- - , In Re the Licenses of Credit Auto Sales, Inc. — d/b/a Credit Auto Sales, Inc. , City's Exh. No. 1 �� • Trash dumpster not enclosed with obscuring fence. Condition not met. While photographing site, 1 observed a black male coming out of the building. Until this time, 1 was unware there was anyone on the premises. 1 approached him via the partially open gate on University. He did not speak to me but went back into the buifding. I followed him to the glass door, announced who I was and presented my business card and badge to him through the window. I observed this individual through the window Iocking the door. When 1 again announced who I was, he told me to "go away". I left the premises immediately. °l � -`J a-� Interdepartmental Memorandum City of Saint Paul Date: September 6, 1996 To: Ginger Palmer - City Attorney � From: Lawrence Zangs - LIEP � RE: 859 University Avenue - Request for adverse action against the Second Hand Motor Vehicle License (Lic. ID#17775) for non-compliance with conditions of the license. We are requesting that the City Attorney's Office begin the procedure for adverse action against the referenced license for the following reasons: • Licensehoider continues to store more "for sale" vehicles on the lot than allowed. The ticense condition limits the number of vehicles to 13. On September 5th and 6th of this year, the license inspector observed 78 vehicles. • Engines and vehicie parts were observed on the exterior of the building and a vehicie was up on blocks being repaired. Both of these are violations of the license conditions. • Trash enclosure not screen in accordance with condition. Owner was notified of this requirement in November of 1995. • The license inspector and myself have both been refused entry into the building and/or premises at various times. (See attached memo dated 4-12-96) Attached with this memo are the correspondence with the applicant and records pertaining to inspection. We also have photographs of site conditions. � � In Re the Licenses of Credit Auto Sales, Inc. ', � d/b/a Credit Auto Sales, Inc. — City's E�. No. 2 �� ST. PAUL POLICE DEPARTMENT � 'J�-C Page of GENERAL REPORT � � �� '� � Occurred Q At� Between: � hrs, on and OCT 49 Crime Lab d Property Room i 9d � //�uGz2c�'�v� _ � _ G�a�i�C.c�"�c1 • C��n �� .��ru-��i_ .�e�- �_ C�o �-n � u c2.n c�. a�i e-r.�na'� �:.�o� �ied� _. �� o;��eo, �57' `� . - � - - --- -- __ _- - Dn . 9- /C- �6_ -- a� 1 �ao._ !�<c-.s ___ r,v_ez_�e.�s�� d ��' - C�a� -�� a.�_, �l aJ � � . ort Y� --- �2ccCc �va.�.�, - cv�ea� 2e�� b.c.,r�t�,a4_� ---- ---- -- --- -- - --- --. _-- ----- - ___ _.— ------ - -- - - --- - �'� 9__ �l� _ 9�,— /saa__h��s --�� r,c�e� _ �Z�. ea� _. . �-n_ _ �o--�_ c� d__ _- - - � _ �n- - ��ee�--- G�- e--i . cz. - �o�. _ ��' C'G�o . � � - - -- - -- -- --- .. --- --- - --- ��__ _ 9-c�_�-2f�---a<� ��sl� h.15 _ C�� o�a./ o�' . ._ o�/ C�1� o� - . th_? �s��"t�2.t , - -_ - - - ---- -- Q -- - - -----. -- � ---- - -- - - - �.��.G�-P/2U...�_____�YI Q--Q.�Q �j� _ __ d�� c�___. .�� - --- U. .�� a � _ _�_ -�c� __�_�____,�% ,� -- a�'�-e� �- _ . �- -- __GJ�-�� - -h a-�- ,- - �►-�'� � Z � � , � S No.: CHF ❑ Hom ❑ Rob ❑Juv ❑ �ord ❑ ID ❑ Lab D/C � Burg ❑ Theft � Prop Q CAU � p&F Q Auto �N�i� �� fi�/\_ � t �.��.�: Rec �Team � i oao ❑ co In Re the Licenses of Credit Auto Sales, Inc.l '— d/b/a Credit Auto Sales, Inc. � City's Exh. No. 3 � ST. PAUL POLICE DEPARTMENT �� _ � � Page I ot GENERAL REPORT �d. /9a�.�� o � a-nd ,�i,eG�-id.ca` __ � �o�- . _ _ ___ - - -- ---- -- -. __ _ _ - -- ._ _ _.._-_ ___ . ___. `?J , �_� � �.� �n .�.e_ _ __ _ _ __.. _- . -- - _ � -�?!� - 9lp//7�5 rt�e�s _ __ /l e� _ .. utcud.2..,_ _ . �' _ea�o ._ o-u,�cL.e _ _ _ - - - -- _ _ _ ___ � d 7- 9��soo_ ,s'.�s_ _ _ ._ /% .__C'�o ...c�da_ r- � �a.ia.. . o-*�z__ -- - _ _ _ _ _ ___ - - - - - -.. 9-a�'- 9�_� . �3_!F� . N�s ._ _ /7 Gea�o uzo.� �C.e.�_ _ a �.._e_a�-o _ �-� _ _ - _ _ -- _ - _ - - >o -.3 - RlP f /_�.51� - - !'�. � r.�de r . __. °� �a__�0--- �-r,c.`tac�C.e _�--- _ _ _ __- --- --- --- -- -- --- ---- �c�o __ c�cl.e �O --L!�-- }��uk.ed _ � �!�'.ec.n�- _ � °�'�� Z �� . ��Q_ _ �C.s�c�.._____ .CLi`� �- d�'t.Ga _ ��cf _ �c� _ _ �- ��. . L+ E , �2-. _ . . eE��Lt.('� ItIA� / �D____ �L��Ls�:G�LL� »__..___—__ ---- -- - --� . . — �1 �� --.-�h.c� - .__ _ . _ _ _ � �-r<ci?c� v � � �- _ ��°-�- ----�,� � � - a�� -- � --- ,G-� � _. _ _ �-_. __ , _ _�u��_/.��____�,��.�'_ _ � No.: BflF ❑ Hom ❑ �ob ❑Juv ❑ Coord ❑ ID ❑ Lab �F(ec D/C ❑ Burg � Theft � Prop Q CAU ❑ F&F � Auto ❑ DAO co In Re the Licenses of Credit Auto Sales, Inc. iaa — dJb/a Credit Auto Sales, Inc. —, Su;a City's Exh. No. 4 �''H� i ��ri: �$433 . rv.��..�. 'W,. �%:'�"' ' ...�vr R'.l° :' .�� .nn� :::. . .::.v: yv '�.e�" �.�. �AS`.�. �h9 :�'P'�1„'il,ab� n4`: ArrestNumber - LastName Flrst Middle Address DOB Age Sex Race CITY OF SAINT' PAUL Norm Coleman, Mapor • November 2, 1995 Hut Thi Le Credit Auto Sales, inc. 859 University Avenue Sai�t Paul MN 55104 OFFICE OF LICENSE, INSPECTIO;�S AND nr �/� ENVII201.MEMALPROTECf10N Gt`�^'J�° Ro6en Kessler, Di�ec+or LOWRY PROFESS70,4;1L Telephone: 612-266-9090 BUILDIhG Facsimile: 672-266-9099 Sui:e 3Q0 612-266-9724 350 Sr. Perer Street Saint Pau[, Miimesow 55702-I570 RE: 859 University Av - Lic.ID# 17775 for a 2nd hand motor vehicie dealership. Mr. Hut Thi Le: We grant zoning approval for the referenced license subject to the foilowing conditions: 7. The number of vehicles for sale on the lot at any time may not exceed (13) thirteen. 2. Customer/emptoyee pask+ng and vehicle display sfiall semain consistent with the layout iilustrated on the approved site plan. See enciosed site pian. 3. The existing curb-eut on University shali be maintained open to its full width t26 feet) during business hours. This driveway is needed for proper ingress and egress to the site and for internal vehicle movements. 4. A new curb-cut, at least 14 feet wide shati be instalied to align with the overhead door on Victoria Street. The curb-cut must be constructed to city specifications with a permit issued by the Public Works Side Waik Division. This construction must be completed by a license contractor, no later than June 1, 1996. 5. Vehicies associated with the business may not be stored in or project over the pubiic right-of-way. 6. There shatl be no exterior storage of vehicle parts. The repair of any vehicte outdoors J is aiso prohibited. 7. Trash receptacles/dumpsters shall be enclosed with a wood obscuring fence at Ieast (6� six feet high. Be advised that failing to comply with these conditions couid be grounds for revocation of your license. if you have any questions, piease call rrie at 266-9083. �1�- Lawrence R. Zangs Zoning Technician � � In Re the Licenses of Credit Auto Sales, Inc. dlb/a Credat Auto Sales, Inc. Cfltv's Exh. No. 5 ; �t � - ��"� Lic ID ................... STAT ..................... Business Name......,..... Address .................. Zip...................... Doing Business As........ License Name ............. E� Date ................. Insurance Carrier........ Ins. Policy Number....... Insurance Effective Date. Ins. Expiration Date..... NOTE AREA ................ 17775 RS CREDIT AUTO SALES INC 859 UNIVERSITY AVE W 55104 CREDIT AUTO SALES, INC. SECOND HD DLR-MTR VEH AUTO REPAIR GARAGE 10/31/96 OWNER 13113 PH NOTICE SET UP FOR 11-29-95 SENT OLTP 11-07-95 28 MAILED, 33 EMAILED, 2 INTEROFFICE 11/29/95 PH ON APPN FOR NEW AUTO REPAIR GARAGE AND 2ND HD DLR-MV APP'D W/RESTRICTIONS C.F. #95-1400 Tax Id ................... 2230731 Worker Comp Exp Date..... Telephone ................ 227-4493 Press <RETURN> to continue... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° Press 'C' to continue, 'P' to print, or 'R' to redisplay... Alt-Z FOR HELP° VT102 ° FDX ° 9600 E71 ° LOG CLOSED ° PRINT OFF ° � � In Re the Licenses of Credit Auto Sales, Inc. � — d/b/a Credit Auto Sales, Inc. —. City's Exh. No. 6 .. .:. .. q�-7a� RESTRICTIONS INQUIRY SCREEN LICENSE ID: 17775 DBA:CREDIT AUTO SALES, INC. NOTE: l:l. THE NUMBER OF VEHICLES FOR SALE ON THE LOT AT 2:ANY TIME MAY NOT EXCEED THIRTEEN (13). 3:2. CUSTOMER/EMPLOYEE PARKING AND VEHICLE DISPLAY 4:SHALL REMAIN CONSISTENT WITH THE LAYOUT 5:ILLUSTRATED ON THE APPROVED SITE PLAN. 6:3. THE EXISTING CURB-CUT ON UNIVERSITY SHALL BE 7:MAINTAINED OPEN TO ITS FULL WIDTH (26 FEET) DURING S:BUSINESS HOURS. THIS DRIVPNTAY IS NEEDED FOR 9:PROPER INGRESS AND EGRESS TO THE SITE AND FOR lO:INTFRNAL VEHICLE MOVEMENTS. 11:4. A NEW CURB-CUT, AT LEAST 14 FEET WIDE SHALL BE 12:TNSTALLED TO ALIGN WITH THE OVERHEAD DOOR ON 13:VICTORIA STREET. THE CURB-CUT MUST BE CONSTRUCTED 14:T0 CITY SPECIFICATIONS WITH A PERMIT ISSUED BY THE 15:PUBLIC WORKS SIDEWALK DIVISION. THIS CONSTRUCTION Date: Sep 16 . � In Re the Licenses of Credit Auto Sales, Inc. d/b/a Credit Anto Sales, Inc. ; City's Egh. No. 7 � � . . �{� -�a� Date: Sep 16 RESTRICTIONS INQUIRY SCREEN LICENSE ID: 17775 DBA:CREDIT AUTO SALES, INC. NOTE:I6:MUST BE COMPLETED BY A LICENSED CONTRACTOR, NO 17:LATER THAN JUNE 1, 1996. 18:5. VEIiICLES ASSOCIATED WITH THE BUSINESS MAY NOT 19:BE STORED IN OR PROJECT OVER THE PUBLIC RIGHT-OF- 20:WAY. 21:6. THERE SHALL $E NO EXTERIOR STORAGE OF VEHICLE 22:PARTS. THE REPAIR OF ANY VEHICLE OUTDOORS IS ALSO 23:PROHSBITED. 24:7. TRASH RECEPTACLES/DUMPSTERS SHALL BE ENCLOSED 25:WITH A WOOD OBSCURING FENCE AT LEAST SIX (6) FEET 26:HIGH. 27: 28; 29: 30: ' c( � ,� 2-� � a � � � � �. � V C o i-. � �� R ^� O �oz �, w � , w�k o � W � d y rn j. � � �� U R a"s �a � .� � CCi , ~� . � _ ;; �- � ;�, r:�`:f - " . � �,;_ °; .�..,...., � ____,_ m ; � .. . • ,. �i.' r ; ! G {�>'... ' �-21��- _ _ ._ . 3F;�;� ^�E�.�e; � . '�w"�...�.,�.`�._.,- ' � . __ .. '"�r�-'_� --"""� £ � �: - ! _ , �� ^ � Y((�NNt.��lW s __ ,.�. . . � \� �� _"_ . � _ . .. .. . .... . . �� i � �� i _ .._ ..__ �..�..._ � __.y��'� ��a 'Lo � _ .. _._ _ _ . . � ' ..�.�. . _^- i. . 1 A<F.: : ' `_.._.....,. .. � �� : ._ ' _. 1� _: � i - �� . - v �e; . � : .•� . , � � .. E v"�� i. � ��/� r � S �ti � i � � � i�" � � . �� . __ i "� �� '. ) . i � - � I ' �f 1 ..,� � - _ - ; _ -; ��; : , �� _ � � � �� F ' � _ ; -� �� - � . "„� ,��-��' c�A: �� ' ^ i � � " . 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I 1 �� I j jf : f •"✓ j �� !' I _ ' r �d =. y I " � ��; � � f �' p � �, i..; �— �' � � .. . i . i.ax�. ! I � ��[iP f 1 � I I `:�.." � . . .. � � i a . � ... � .. . . � �� ° �a�' � � � �.. Uj U L'. O I� � � .-�.00 65 ti� Q �oz . �, � ��K_ o^ w � d�� - �� U � I� L C � �' ,.+ ' y a - 1 "I ,. , <� -. ;:; ��; __ _ � -= ,� :�- -� .. �'' �' �' �+- m.... . _�� _ � �. -_ ..,'-�'�`� a ��,�,,., '.'��2��' ^'�� .� � `_ ° _. s� ;es . �"�.. . _ x �"��-zr ,.., .. < . ... _ _ - - _ _ " _ _ _--� _ �_ , , -- �� . V �� - �`� �� R • Uj U C w ~ � m �.�.00 � . � V2 O -� b oz �w �� k w �W . � � � d�Z..� U � - a� �� y � x � .,� \ 1,..1'I, , 1 � " � 1 ' f � � E 4' �.. -.. a =!1i': L: !. � _ . � ;� . � . I 5 � _ _ " '� � ': �� .� �� — � �, . - ; � _; 1 � � �,; t� ,�+., n � �;,' � i `�: `, `�1 � .i" � f . � � # � �I� .SY.. .r� . �I . X . � � . !f. 5 .�� . ..6 � � I \ ��, � IIII.��i ' � �, 1 4 fE[.i• ?' -+ 1 . � � l , . � � <-', ' ! � S i v �`�"i . �ee � � .. ' � � � � � � �� _ �� _ . - ��'�� ' �; �� M - �� ` � ��, , ;5 _` � �� .^� � . _a,ey../" ' l q.. .' ' �� f ' .. .. . � �' ��'� ' . `_ _ V k� �� _ • � ; ii ; � � . f � 'r 0 . +! 1 � t i / �� ( i��. , � : - , .., ' ,� <�1 i—��' ; ` �.�' - � µ A ; . ' � ;:• � ' `- � �� s , �,, � , , j ��,- j t � i I _� _ ' - ., �� . �� . �- -� - . � =�lj: . { � ; i: .�: -}� i . { �� : I I . , .1 . . �C .l � . . . _ :� _ - . .. ,.�, . . ... _ > ..� - � , - / � j --� �� ` � = J' - �'e = o� w � om� � o� �� o _ �Dz �, � w4'' k p �W ti, ^d � � � �' �v� m V � a� d; � �,. a \ "I , • , ° • OFFI��F TI� CITY ATTORNEY TrmoDi�Morx, Ciry Auorney � � _ .� � ( Y' CITY OF SAINT PAUL Norm Cokman, Mayor September 18, 1996 Hut Thi Le Credit Auto Sales, Inc. 859 University Avenue West Saint Paul, Minnesota 55104 Civil Division 400 Ciry Ha[! 15 West KelZogg Blvd Sa'vu Pau� Mvmesom 55702 Telephone: 612166-8770 Facsimile: 672 298-5619 Re: All Licenses held by Credit Auto Sales, Inc, d/b/a Credit Auto Sales, Inc. for the premises located at 859 University Ave. West, St. Paul License ID No. 17775 Dear Mr. Hut Thi Le: I am in receipt of information that could lead to adverse action against all your licenses. The basis for adverse action is: On April 12, 1996, vehicle parking was not consistent with the approved site plan in that vehicles were grouped ,together at the north end of the property in the area on the site plan shown as the driveway. On this same date, customer and employee parking were aot elearly marked and there was no markiag for a handicapped parking space. Oa April 12, 1996, trash dumpsters were not enclosed with an obscuring fence, in violation of the condition on your license that trash receptacles and dumpsters shall be enclosed with a wood obscuring fence at least six (6) feet high. On September 5, 1996 and September 6, 1996 a license inspector observed eighteen (18) vehicles stored on the lot. This is a violation of the condition of your license that no more than thirteen (13) vehieles be stored. On September 5, 1996 engines and vehicle parts were observed on the exterior of the building and a vehicle was up on blocks being repaired. These are violations of the conditions on your license that there be no exterior storage of vehicle parts and that aay outdoor repair of vehicles is prohibited. � � In Re the Licenses of Credit Auto Sales, Inc.' d/b/a Credit Auto Sales, Inc. — City's Exh. No. 9 .' _ - ' . � � 0�'1- � �-� On September 5, 1996 your trash receptacles were still not screeaed by the wood obscuring fence required by the licease coaditions. Licease inspectors and zoning personael have beea refused entry into the building oa aeveral oecasioas between April aad September 1996. If you do not dispute the above facts, this matter will be scheduled before the City Council for a hearing on what penalty, if any, to impose. You will be allowed to speak on your behalf at that hearing. I will need to have a letter from you saying that you do not dispute the facts if we are going to follow that path. On the other hand, if you dispute the above facts, I will schedule the evidentiary hearing on the facts before an Administrative Law Judge. In that event, you will receive a notice of hearing so you will know when and where to appear, and what the basis for the hearing will be. In either case, you should contact me within five days from the date of this letter. If I do not hear from you, I will schedule the evidentiary hearing, and you may be responsible for the costs of the hearing if you do not then appear and contest the facts. Please call me or have your attorney call me at 266-8710. Very truly yours, r 'Z/G'E!�%+�r J � "ti� Virginia D. Palmer Assistant City Attorney ce:. Robert Kessler, Director, LIEP Christine Rozek, LIEP Michael Samuelson, Exec. Director/Community Organizer, Thomas- Dale/Dist. 7 Planning Council, 369 University Ave., St. Paul, MN 55103 Page 2 � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) � � �1-� �-� AFFIDAVIT OF S73RVICT BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on September 18, 1996, she served the attached LETTER on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Hut Thi Le Credit Auto Sales, Inc. 859 University Avenue West St. Paul, MN. 55104 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, m;_n„PGnta_ Subscribed and sworn to before me this 18th day of September, 1996. \7.1� ar Pub 'c • KATHRYN J. McIAUGHLiN � a'^- ". NOTARYPUBLIC—MINNESOTA ��'�� RAMSEY COUNTY � My Comm. EzpireS Jan. 31, 2000 , CITY OF SAINT PAUL Norm Coleman, Mtryor October 8, 1996 OFF� OF THE CITY ATTORNEY Timo Ma�, Crty Attomey q. � r � ( � j-Ja`P Civil Divirion 400 Ciry Ha7! Telephone: 671266-87/0 15 West Kellogg B(vd Facsimile: 612 298-5619 Saint Pau4 Mnnesow SSl02 Hut Thi Le Credit Auto Sales, Inc. 859 University Avenue West Saint Paul, Minnesota 55104 Re: Al1 Licenses held by Credit Auto Sales, Inc. d/b/a Credit Auto Sales, Inc. for the premises located at 859 University Ave. West in St. Paul License ID No. 17775 Our File Number: G96-0456 Dear Mr. Hut Thi Le: Our office sent you a letter dated September 18, 1996, in which you were notified of several violations of the conditions placed on your license. The letter asked that you contact this office to let us know whether you disputed those violations. If you admit to the violations, this matter will be scheduled for a hearing before the Saint Paul City Council to determine what, if any, penalty to impose. If you wish to dispute the violations, then this matter will be scheduled for an evidentiary hearing before an administrative law judge. If we have not received anything in writing by Wednesday, October 16, 1996, we will proceed to schedule this matter for the administrative hearing. We will send you a notice which will tell you when and where the hearing is to be held. If you have any questions, you can contact me at 266-8710. Sincerely, ✓ �"�''�"��'� ;`r�'^h:2 U Virginia D. Palmer Assistant City Attorney cc: Robert Kessler, Director, LIEP Christine Rozek, Deputy director, LIEP Michael Samuelson, Exec. Director/Community Organizer, Thomas- Dale/Dist. 7 Planning Council, 369 University Ave., St. Paul, MN 55103 . � In Re the Licenses of Credit Auto Sales, Inc.� — d/b/a Credit Auto Sales, Inc. City's Eah. No. 10 . . � � c� � -�� STATE OF MINNESOTA ) ) ss. AFFIDAVIT OF SERVICE BY MAIL COUNTY OF RAMSEY ) JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on October 8, 1996, she served the attached LETTER on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Hut Thi Le Credit Auto Sales, Inc. 859 University Avenue West St. Paul, MN. 55104 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 8th day of October, 1996. W , . �, t r P 1'c s � KATNRYN J. McLAUGHLiN � •�P� .OU '`�-> RIaiUSEY COUNTY My Comm. Expiras Jan. 31, 200D ' � � OFFIC�THE CITY ATTORNEY Timothy City Attarney rt � _'J �.(�p �` CIT'Y OF SA1N'T PAUL Norm Colemm�, Mayor October 15, 1996 Hut Thi Le Credit Auto Sales, Inc. 859 University Avenue West Saint Paul, MN 55104 Civil Divirion 400 City Hail IS West Kellogg Blvd Savu Pm�l, Mmnesota SSIQ2 RE: All licenses held by Credit Auto Sales, Inc. License ID #:17775 Dear Mr. Lee: Telephone: 6I2 266-&710 Facsimile: 612 298-5619 You were sent a notice of violation dated September 18, 1996 regarding the possibility of adverse action against your licenses at 859 University Avenue in Saint Paul. The letter explained your options of either admitting the violations outlined in the letter or requesting that the matter be sent to an administrative law judge to determine whether the violations had, in fact, occurred. I will need to receive a letter from you no later than October 22, 1946 stating which option you would like to pursue. If I have not heard from you by October 22, 1996 the matter will be scheduled for an administrative law judge. Once the matter has been scheduled for a hearing before an administrative law judge there are certain costs associated with the process which may be assessed against you if you later decide that you do not dispute the facts or do not appear at the hearing to contest them. If you contact me. Sincerely, �'S J have any additional questions please feel free to Virginia D. Palmer Assistant City Attorney � � In Re the Licenses of Credit Auto Sales, Inc.j — d/b/a Credit Auto Sales, Inc. City's Exh. No. 11 � � - � STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) � � � �� -� AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on October 15, 1996, she served the attached LETTER on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Hut Thi Le Credit Auto Sales, Inc. 859 University Avenue West St. Paul, MN. 55104 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 15th day of October, 1996. .� \ , 1'c • KATHRYNJ.McIAUGHLiN� �>� NOTARYPIIBIIC ;'��-'�= RAMSEY COUNTY . My Comm. ExpireS Jan. 31, 20W CITY OF SAINT PAUL Norm Colemmr, Mayor November 1S, 1996 NOTICS OF HEARING Aut Thi Le Credit Auto Sales, Inc. 859 University Avenue West Saint Paul, Minnesota 55104 OFFICE OF THE CITY ATTQRNEY r,MOr� E n�.�. c;y aao� �,� _�.�,� c;�a nrvur�„ 400 City Ha11 15 West Kel[ogg Blvd Sairst Pau� M'msresnla SSIO2 Telephone: 6T2 266-8970 Facs�ile: 611298-5619 � Re: Al1 Licenses held by Credit Auto Sales, Inc. d/b/a Credit Auto Sales, Inc. for the premises located at 859 Uniqersity Ave. West, St. Paul License ID No. 17775 Our Fil.e Number: G96-0456 Dear Mr. Hut Thi Le: Please take notice that a hearing will be held at the following time, date and place concerning all licenses for the premises stated above: Date: Moaday December 16, 1996 Time: 9:30 a.m. Place: Rm 1503 City Hall Annex 25 SVest 4th Street St. Paul, 2�T 55102 The hearing will be presided over by an Administrative Law Judge from the State of Minnesota Office of Administrative Iiearings: Name: Jamea Ranum Fifth Street Towers, Suite 1960 150 South Sth Street Minneapolis, 2�IId. 55402 Telephone: 333-7579 The Council of the City of Saint Paul has the authority to provide for hearings concerning licensed premises and for adverse action against such licenses, under Chapter 310, inc2uding sections 310.05 and 310.06, of the Saint Paul Legislative Code. In the case of licenses for intoxicating and non-intoxicating liquor; �uthority is l � � In Re the Licenses of Credit Auto Sales, Inc. — d/b/a Credit Auto Sales, Inc. —� City's Exh. No. 12 ; �� i� v ` also conveyed by Minnesota Statutes section 340A.415. Adverse action may include revocation, suspension, fines and other penalties or con@itions. Evidence will be presented to the judge which may lead to adverse action against a�l the licenses you hold at the above premises as follows: On April 12, 1996, vehicle parkiag was not cottsisteat with the approved site plan in that vehicles were grouped together at the north end of the property ia the area on the aite plaa shown as the driveway. On this same date, customer and employee parking were not clearly marked and there was ao marking for a haadicapped parking space. On April 12, 1996, trash dumpsters were not enclosed with an obscnring fence, in violatioa of the condition on your license that trash receptacles and dumpsters shall be enelosed with a wood obscuring fence at least six {6) feet high. On September 5, 1996 and September 6, 1996 a license inspector observed eighteen (18) vehicles stored on the lot. This is a violation of the condition of your license that ao more than thirteen (13) vehicles be stored. On 3eptember 5, 1996 engiaes and vehicle parts were observed oa the exterior of the buildiag aad a vehicle was up oa blocks being repaired. These are violations of the conditions on your license that there be no exterior storage of vehicle parts and that any outdoor repair of vehicles is prohibited. On September 5, 1996 your trash receptacles were still not sareened by the wood obscuriag fence required by the license conditions. Licease inspectors and zoning personnel have been refused eatry into the building on several oceasions between April and September 1396. You have the right to be represented by an attorney before and during the hearing or you can represent yourself. You may also have a person of your choice represent you, to the extent not prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the requirements of Minnesota Statutes sections 14.57 to 14.62 and such parts of the procedures under section 310.05 of the Saint Paul Legislative Code Notice of Hearing - Page 2 l : ' ' �� as may be applicable. At the hearing, the Administrative Law Judge will have all parties ic3entify themselves for the record. The City will then present its witnesses and evidence, each of whom the licensee or attorney may cross-examine. The licensee may then offer in rebuttal any witnesses or evidence it may wish to present, each of whom the City's attorney may cross-�amine. The Administrative Law Judge may in addition hear relevant and materiaZ �estimony from persons not presented as witnesses by either party who have a substantial interest in the outcome of the proceeding; for example, the owners or occupants of property located in close proximity to the licensed premises may have substantial interest in the outcome of the proceeding. Concluding arguments may be made by the parties. Following the hearing, the Judge will prepare Findings of Fact, Conclusions of Law, and a specific recommendation for action to be taken by the City Council. You should bring to the hearing all documents, records aad witnesses you will or may need to support your position. Subpoenas may be available to compel the attendance of witnesses or the production of documents in conformity with Minnesota Rules, part 1400.7000. If you think that a stipulation or agreement can be reached as to the facts, that stipulation will be presented to the Administrative Law Judge for incorporation into his or her recommendation for Council action. If you fail to appear at the hearing, your ability to challenge the allegations will be forfeited and the allegations against you which have been stated earlier in this notice may be taken as true. If non-public data is received into evidence at the hearing, it may become public unless objection is made and relief requested under Minnesota Statutes, Section 14.60, subdivision 2. Very truly yours, �� Virginia D. Pa2mer Office of the City Attorney cc: Nancy Thomas, Office of Administrative Hearings 1D0 Washington Square, Suite 1700, Mpls., MN 55401 Nancy Anderson, Assistant Council Secretary, 310 City Hall Robert Kessler, Director, LIEP Christine Rozek, LIEP Michael Samuelson, Exec. Director/Community Organizer, Thomas- Dale/Dist. 7 Planning Council, 369 University Ave.,, St. Paul, MN 55103 Notice of Hearing - Page 3 1 � � _�2� STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF 3ERVICFs BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on November 18, 1996, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Hut Thi Le Credit Auto Sales, Inc. 859 University Avenue West Saint Paul, MN. 55104 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota. Subscribed and sworn to before me this 18th day of November, 1996. �� _ �� STATE OF MINNESOTA ) ) ss. COUNTY OF RAMSEY ) AFFIDAVIT OF SERVICE BY MAIL JOANNE G. CLEMENTS, being first duly sworn, deposes and says that on November 25, 1996, she served the attached NOTICE OF HEARING on the following named person by placing a true and correct copy thereof in an envelope addressed as follows: Hut Thi Le 1801 N. Winnetka Avenue Galden Valley, MN. 55427 (which is the last known address of said person) and depositing the same, with postage prepaid, in the United States mails at St. Paul, Minnesota_ Subscribed and sworn to before me this 25th day of November, 1996. K ""'�I J. PAcLAUGM! Ih "- ', Pu�, !C-MlNNESOTA � R,�id,SEY COUNTY