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Amending the Findings of Fact, Conclusions of Law, and Recommendation submitted by the Administrative Law Judge, and adopting them as amended, concerning the Auto Repair Garage & Second Hand Dealer - Motor Vehicle license held by M F K Enterprise Inc d/b/a M F K Enterprise (License ID #57957) for the premises located at 830 Robert Street South and imposing the presumptive matrix penalty and amending the license conditions. (Licensee will speak to Council on their own behalf).
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WHEREAS, the official record for this adverse action is attached and identified as follows:
Exhibit #1 - Notice of Violation and Request for Imposition of $1,000 Matrix Penalty and Conditions mailed to the Licensee on February 10, 2025.
Exhibit #2 - Licensee’s email response requesting hearing before the City Council.
Exhibit #3 - Notice of Council Hearing mailed to Licensee on May 13, 2025.
Exhibit #4 - RES 25-789, sending this adverse action to a contested case hearing, passed on June 4, 2025.
Exhibit #5 - Department’s 20 exhibits presented and admitted at the contested case hearing.
Exhibit #6 - Department’s witness list for the contested case hearing.
Exhibit #7 - Administrative Law Judge McKenzie’s Findings of Fact, Conclusions of Law, and Recommendation.
Exhibit #8 - Audio of the contested case hearing before Administrative Law Judge McKenzie on December 16, 2025.
Exhibit #9 - City’s Closing Argument.
Exhibit #10 - Notice of Council Hearing mailed to Licensee on May 13, 2026.
Exhibit #11 - Amended Findings of Fact, Conclusions of Law, and Recommendation.
WHEREAS, Moe Kia, M F K Enterprise Inc d/b/a M F K Enterprise (“Licensee”), holds an Auto Repair Garage & Second Hand Dealer - Motor Vehicle license (License ID #57957) (“License”) for the premises located at 830 Robert Street South in Saint Paul (“Licensed Premises”); and
WHEREAS, the Licensee has previously had an adverse action taken against him, which related to violations of the License conditions; and
WHEREAS, the City Council adopted a resolution (RES 24-23) on January 12, 2024, imposing the $500 matrix penalty for violations of the License conditions found during inspections of the Licensed Premises in July and August 2023 (Exhibit #5, pages 13-15); and
WHEREAS, the matter currently before the City Council is in regard to a second adverse action for violations of License conditions 1, 2, 4, 5, and 6, and sections 34.32 and 65.705(d) of the Saint Paul Legislative Code (SPLC), which were discovered during inspections of the Licensed Premises in October and November 2024; and
WHEREAS, on February 10, 2025, the City Attorney’s Office notified the Licensee in a letter titled Notice of Violation (“Notice”) (Exhibit #1, pages 1-94) that the Department of Safety and Inspections (“Department”) would take adverse action against the License. The Notice provided the legal and factual basis for the action and informed the Licensee that the Department would recommend the imposition of the presumptive $1,000 matrix penalty and propose amended license conditions; and
WHEREAS, the Licensee responded to the Notice and emailed the Department and the City Attorney’s Office to request a hearing before the City Council in which the Licensee could admit to the facts but contest the proposed penalty (Exhibit #2, pages 1-3); and
WHEREAS, on May 13, 2025, the City Attorney’s Office mailed the Licensee a Notice of Council Hearing (Exhibit #3, pages 1-101); and
WHEREAS, a hearing was held before the City Council on Wednesday, May 28, 2025, at 3:30 p.m. in the City Council Chambers, at which the Licensee appeared and challenged the facts in the Notice; and
WHEREAS, the City Council passed a resolution (RES 25-789) that referred the matter to a contested case hearing before an Administrative Law Judge (Exhibit #4, pages 1-2); and
WHEREAS, on December 16, 2025, the Department, represented by Assistant City Attorney Monica Shaffer and Deputy City Attorney Therese Skarda, and the Licensee, who was self-represented, appeared at a contested case hearing before Administrative Law Judge Megan J. McKenzie (Exhibit #7 and Exhibit #8); and
WHEREAS, the Department submitted 20 exhibits (Exhibit #5, pages 1-99) and called 3 witnesses (Exhibit #6, pages 1-2) to prove its case; and
WHEREAS, the Licensee testified on his own behalf, cross-examined the City’s witnesses, challenged the City’s evidence, but did not submit any evidence or call any witnesses; and
WHEREAS, on April 3, 2026, Administrative Law Judge McKenzie issued her Findings of Fact, Conclusions of Law, and Recommendation (“Report and Recommendation”) (Exhibit #7, pages 1-10); and
WHEREAS, in her Report and Recommendation, Administrative Law Judge McKenzie found that the Licensee violated conditions 2 and 6 and recommended the imposition of the amended and additional license conditions and the requested $1,000 matrix penalty (Exhibit #7, pages 5, 6, and 8); and
WHEREAS, in her Report and Recommendation, Administrative Law Judge McKenzie credited the testimony of the Licensee and disbelieved any evidence to the contrary provided by the City’s exhibits and testimony; and
WHEREAS, the City Council has reviewed the evidence submitted in this matter, including the exhibits and audio recording of the contested case hearing that reference the numerous neighbor complaints that the Department has received about this Licensee but that the Administrative Law Judge did not reference, and excerpts of the testimony and evidence are provided herein; and
WHEREAS, Department Licensing Manager Eric Hudak testified under oath that (Exhibit #8, hearing audio):
• He has been the Department’s Licensing Manager for more than 10 years. (Test. E. Hudak at 0:14:00)
• The Licensee’s site plan assigns certain parking spaces to the Licensee and certain parking spaces to the other license holder on the property, Import Auto. The site plan assigns to the Licensee ten (10) parking spaces for sale of cars and four (4) spaces for customers. The site plan assigns the same for Import Auto. License condition number one identifies the total number of cars on the lot are not to exceed twenty-eight (28). (Ex. 14; Test. E. Hudak at 0:36:15-0:38:45)
• Import Auto does not have a license to perform auto repair work. (Test. E. Hudak at 0:38:00)
• The Department has received many complaints over the years about the Licensee’s business. (Test. E. Hudak at 0:33:45)
• There have been several resolutions, including in 2018, 2020, and 2024, related to adverse actions against the Licensee. (Test. E. Hudak at 0:47:30-0:51:00)
• The Department has spoken to the Licensee about the city ordinances and license conditions he must follow and how his conduct has violated these on many occasions, including prior to this inspection. (Test. E. Hudak at 1:01:00)
• The Department proposed the addition or modification of three (3) license conditions, identified as 4, 6, and 8, based on observed violations and concerns about the license type. (Test. E. Hudak at 0:42:20-0:43:00; Ex. 13)
• The Department recommends the imposition of conditions after ongoing complaints, observed violations, or changed needs (Test. E. Hudak at 0:42:20, 0:54:45)
• The Department proposed condition 4 because of the inspectors’ observations on November 14, 2024, specifically the delivery of a vehicle in the middle of Robert Street. The Department determined that this condition is reasonable to ensure safety of travelers on the public roadway. (Test. E. Hudak at 0:43:00-0:44:15; Ex. 13)
• The Department proposed condition 6 to protect public safety and eliminate nuisance activity that has been reported throughout the City of auto repair businesses using public streets for parking and maintenance of vehicles receiving services at the business. (Test. E. Hudak at 0:44:15-0:45:00; Ex. 13)
• The Department proposed condition 8 because of items observed during the inspections, including car parts and antifreeze/coolant, which are hazardous substances and can be dangerous to animals and people on the property if ingested or encountered. The Department determined that this condition is reasonable and necessary to protect public safety and eliminate dangerous conditions on the property. (Test. E. Hudak at 0:45:00-0:46:05; Ex. 13)
WHEREAS, the City Council finds the testimony of Licensing Manager Eric Hudak credible and gives it great weight given his knowledge, experience, and history with licensing and similar cases; and
WHEREAS, Department Inspector Allan Vang testified under oath that (Exhibit #8, hearing audio):
• He determines what licensee is responsible for which violations by looking at the Department’s site plan for the property, the license itself and any conditions, and by talking to staff that are on site. (Test. A. Vang at 1:11:00)
• Unless the circumstances are unusual, he visits a licensee only during business hours. (Test. A. Vang at 1:40:45)
• On October 3, 2024, he visited the Licensed Premises and spoke with a person who identified himself or was identified by Import Auto as an employee of the Licensee. Inspector Vang observed several people, who identified themselves as the Licensee’s employees, working in the garage bays and on parts of the Licensed Premises. (Test. A. Vang at 1:15:00)
• He was familiar with the License, Licensed Premises, and Licensee in this matter. (Test. A. Vang at 1:09:00).
• He spoke with the manager of Import Auto, Manny, and believed Manny’s statements identifying the Licensee as responsible for many violations observed because Inspector Vang had interacted with Manny on several occasions, Manny has always been respectful, and Manny had never given Inspector Vang a reason not to believe him. (Test. A. Vang at 1:34:45)
• While conducting the inspection, he took photos of the violations observed and these are recorded in exhibit 9. (Test. A. Vang at 1:18:10)
• During the inspection he observed a violation, recorded in exhibit 9-4, of a car parked in the Licensee’s customer parking stalls that was damaged and in need of repair. This was a violation of license condition number 4, which requires all repair of vehicles to be completed inside the garage and not on the exterior of the lot. (Test. A. Vang at 1:22:00-1:23:00; Ex. 13; Ex. 9-4)
• During the inspection he observed a violation, recorded in exhibit 9-5, of a car parked between the Licensee’s parking stalls, its office, and the garage, which is a violation of license condition number 2, parked in violation of the site plan and obstructing the drive through lane. (Test. A. Vang at 1:23:10-1:24:35; Ex. 13; Ex. 9-5)
• During the inspection he observed a violation, recorded in exhibit 9-11, of a car seat between two storage sheds. This is a violation of license condition number 5, which prohibits exterior storage of car parts. (Test. A. Vang at 1:28:30-1:29:00; Ex. 13; Ex. 9-11)
• During the inspection he observed a violation, recorded in exhibit 9-12, of trash and debris and car parts piled up on the exterior of the garage. This is a violation of condition number 5, which prohibits exterior storage of car parts. (Test. A. Vang at 1:29:00-1:29:35; Ex. 13; Ex. 9-12)
• During the inspection he observed a violation, recorded in exhibit 9-14, of a vehicle with collision damage parked in the Licensee’s customer parking stall. This is a violation of condition number 4, which prohibits repairing any vehicle outside of the garage. (Test. A. Vang at 1:30:00-1:30:50; Ex. 13; Ex. 9-14)
• He returned to the Licensed Premises on November 14, 2024, to conduct a reinspection. Inspector Joseph Voyda accompanied him. The inspectors visited the property during business hours. (Test. A. Vang at 1:40:45)
• He observed an auto transport trailer parked in the middle of Robert Street in front of the Licensed Premises. A man went into the Licensee’s office via the locked office door, retrieved an item, walked to the transport trailer, and removed a jeep from the transport trailer. He witnessed the man back a Jeep SUV off the transport trailer and, while the Jeep was parked on Winona Street, the man attempted to start the Jeep with items retrieved from another vehicle. (Test. A. Vang at 1:39:30-1:40:30)
• While conducting the reinspection, he took photos of the violations observed and these are recorded in exhibit 12. (Test. A. Vang at 1:42:10)
• During the reinspection he observed a violation, recorded in exhibit 12-7, of exterior storage placed outside of the storage sheds. This was a violation of license condition number 5, which prohibits exterior storage of car parts, and a violation of the code section that prohibits storage or placement of rubbish outside of collection bins. (Test. A. Vang at 1:43:00-1:43:30; Ex. 13; Ex. 12-7)
• During the reinspection he observed a violation, recorded in exhibits 12-9 and 12-10, of improper storage and disposal of hazardous waste (antifreeze/coolant). This was a violation of the code sections that prohibit storage or placement of rubbish outside of collection bins and improper disposal of hazardous waste. (Test. A. Vang at 1:44:40-1:45:30; Ex. 12-9, 12-10)
• During the reinspection he observed a violation, recorded in exhibit 12-11, of exterior storage, here chairs stacked and stored outside of the storage sheds. This was a violation of the code section that prohibits exterior storage on business property. (Test. A. Vang at 1:46:50-1:48:40; Ex. 12-11)
• During the reinspection he observed a violation, recorded in exhibits 12-16, 12-17, and 12-18, of improper disposal of debris, here containers of food and water. This was a violation of the code section that prohibits storage or placement of rubbish outside of collection bins. (Test. A. Vang at 1:50:25-1:51:35; Ex. 12-16, 12-17, 12-18)
• During the reinspection he observed a violation, recorded in exhibits 12-19 and 12-20, of exterior storage placed outside of the storage sheds and improper disposal of debris. This is a violation of the code section that prohibits exterior storage on business property or placement of rubbish outside of collection bins. (Test. A. Vang at 1:51:35-1:53:10; Ex. 12-19, 12-20)
• During the reinspection he observed a violation, recorded in exhibits 12-21 and 12-22, of a car parked in front of the customer parking stalls, which is a violation of license condition number 2, parked in violation of the site plan and obstructing the drive through lane. Additionally, the car was damaged and in need of repair and is a violation of license condition number 4, which requires all repair of vehicles to be completed inside the garage and not on the exterior of the lot. (Test. A. Vang at 1:53:10-1:55:00; Ex. 13; Ex. 12-21, 12-22)
WHEREAS, the City Council finds the testimony of Inspector Allan Vang credible and gives it great weight given his familiarity with conducting inspections, the License, the Licensed Premises, and his training; and
WHEREAS, Department Inspector Joseph Voyda testified under oath that (Exhibit #8, hearing audio):
• He has been in his current position with the Department since 2020. (Test. J. Voyda at 2:33:45)
• After an inspection is complete and if violations are found, the Department contacts the licensee to inform them of the results of the inspection, explains the violations discovered, and provides the licensee with an opportunity to correct the violations. (Test. J. Voyda at 2:34:55)
• He trains inspectors on ordinances and license conditions. When an inspector is new to the role, they begin by accompanying a more senior inspector to learn how to conduct inspections. (Test. J. Voyda at 2:36:45)
• When a violation is found, the Department sends a correction notice to the licensee to provide the licensee with an opportunity to fix the violation and come into compliance with the license conditions or code before the Department conducts a reinspection. (Test. J. Voyda at 2:44:00)
• He is familiar with the Licensed Premises and Licensee. (Test. J. Voyda at 2:40:40)
WHEREAS, the City Council finds the testimony of Inspector Joseph Voyda credible and gives it great weight given his familiarity with the Licensee, the Licensed Premises, and his training; and
WHEREAS, the Licensee, Moe Kia, testified under oath that (testimony found in Exhibit #8, hearing audio):
• He has no employees. (Test. M. Kia at 3:51:00)
• People came onto his property to leave their trash and car parts. (Test. M. Kia at 3:15:00)
• He knew Import Auto did not have an auto repair license and could not do auto repair work, but stated that Import Auto performs auto repair work. (Test. M. Kia at 3:02:30, 3:19:50)
• He had been told by the Department that violations involving auto repair are his responsibility because he has the auto repair license. (Test. M. Kia at 2:12:40)
• He did not know that he needed to report Import Auto’s violations to the Department. (Test. M. Kia at 3:29:00)
• He does not want to have the auto repair license and does not want Import Auto to have the license either. (Test. M. Kia at 3:24:00)
• He has spoken to the Department on other occasions and knows how the Licensed Premises is divided and his responsibilities. (Test. M. Kia at 3:32:30)
• He believed Import Auto was trying to hurt the Licensee’s business by doing unlicensed repair work and blaming the Licensee for the related violations. (Test. M. Kia at 3:32:45)
WHEREAS, the City Council finds the testimony of Moe Kia not credible and does not give it great weight given the photographic evidence presented at the hearing, similar neighborhood complaints presented at the hearing both through testimony of the City’s witnesses and exhibits, and the inconsistencies between Mr. Kia’s testimony and the testimonies of Licensing Manager Eric Hudak and Inspectors Allan Vang and Joseph Voyda; and
WHEREAS, the City Council finds that Mr. Kia stands to benefit from his testimony, even if it is false or misleading, but Mr. Hudak, Mr. Vang, and Mr. Voyda do not benefit from their testimonies, making it unreasonable that these testimonies would be false or misleading; and
WHEREAS, the City Council understands that the Department is recommending that the City Council find error with portions of the the Report and Recommendation of Administrative Law Judge McKenzie; and
WHEREAS, the City Council does not adopt the memorandum of law accompanying the Report and Recommendation; and
WHEREAS, the City’s closing argument brief (Exhibit #9, pages 1-6) corrected a citation error in the Notice of Violation, evidence, and testimony of Inspector Vang, all of which cited SPLC § 34.08, which prohibits garbage, waste, and refuse collection and storage on residential properties. The nearly identical provision that applies to nonresidential properties is SPLC § 34.32 (explained in Saint Paul Legislative Code § 34.03). The City Council finds that amending the record in all relevant places is appropriate to correct this error; and
WHEREAS, the City Council finds that Administrative Law Judge McKenzie failed to give adequate weight to Licensing Manager Eric Hudak’s testimony and the testimony and reports of Inspectors Allan Vang and Joseph Voyda that establish and prove the violations observed; and
WHEREAS, the City Council finds that the record demonstrates that the Department proved violations of License conditions 1, 2, 4, 5, and 6, and SPLC §§ 34.32, 65.705(d) at the Licensed Premises in October and November 2024 that were all the responsibility of the Licensee; and
WHEREAS, the record states that Administrative Law Judge McKenzie thought that License condition 1 was confusing (Exhibit #8 at 0:46:00, hearing audio); therefore, the City Council finds that the condition modification is reasonable; and
WHEREAS, the City Council finds that the Department proved the need for modification of current condition 1 and imposes the following modified condition upon the License held by the Licensee:
1. The number of vehicles on the lot for sale shall not exceed twenty (20). Ten (10) vehicle spaces are designated on the site plan for each licensee. There shall be eight (8) customer/employee parking spaces provided on the property. Four (4) vehicle spaces are designated on the site plan for each licensee. The arrangement of sales display area and off-street parking shall be as shown on site plan on file with DSI.; and
WHEREAS, the City Council finds the testimony of Inspector Allan Vang and Inspector Joseph Voyda credible, including that they observed a person exit the Licensee’s office and go to a large transport trailer in the middle of Robert Street to back a vehicle off of the trailer in the middle of the street and through an intersection onto another street, and the City Council finds that observation presented a dangerous situation that compelled a new license condition. Therefore, the City Council finds that the Department’s recommendation for condition 4 was reasonable and necessary; and
WHEREAS, the City Council imposes the following condition as condition 4 to the License held by the Licensee:
4. The delivery of towed or trailered vehicles shall take place entirely within the approved site plan and cannot take place in the public right-of-way (e.g., street, alley, sidewalk, boulevard, etc.).; and
WHEREAS, the City Council understands from its review of the record that the Department has received numerous complaints from neighbors who assert that the Licensee has stored customer vehicles in the street. The City Council finds the testimony of Licensing Manager Eric Hudak credible, and he testified that this creates a public nuisance and that the Licensee is allotted limited parking on the Licensed Premises. Therefore, the City Council finds that the Department’s recommendation for condition 6 is reasonable and necessary; and
WHEREAS, the City Council imposes the following condition as condition 6 to the License held by the Licensee:
6. No customer vehicles under the control of the licensee can be parked and/or stored in the public right-of-way (e.g., street, alley, sidewalk, boulevard, etc.). This includes vehicles waiting for repairs and vehicles waiting to be picked up by the customer.
WHEREAS, the City Council understands from its review of the record, which included photographs, that Inspectors Allan Vang and Joseph Voyda observed a large drum labeled antifreeze/coolant stored on the Licensed Premises in violation of the Ramsey County Hazardous Waste regulations and various car parts left out on the Licensed Premises, all of which can be harmful to animals and people if ingested or encountered; therefore, the City Council finds that the Department’s recommendation for condition 8 is reasonable and necessary; and
WHEREAS, the City Council imposes the following condition as condition 8 to the License held by the Licensee:
8. There shall be no exterior storage of vehicle parts, tires, oil, or any other material. Storage of vehicle fluids, batteries, etc. shall be in accordance with the Ramsey County Hazardous Waste regulations.
WHEREAS, on Wednesday, May 13, 2026, a Notice of Council Hearing was mailed to the Licensee (Exhibit #10); and
WHEREAS, at the City Council meeting on Wednesday, May 27, 2026, the City Council considered all the evidence contained in the record and enumerated at the top of this resolution, including the recording of the contested case hearing and Administrative Law Judge McKenzie’s Report and Recommendation, and heard a staff report presented to the City Council by the Department, represented by the City Attorney’s Office, and a statement by the Licensee; and now, therefore, be it
RESOLVED, that the City Council finds that the testimonies of Licensing Manager Eric Hudak, Inspector Allan Vang, and Inspector Joseph Voyda are credible and should receive greater weight because of their experience and training, and that their inspection reports, summaries, and photos (Exhibit #5, pages 19-67) prove the violations observed and the need for modification of or imposition of additional conditions to the License; and be it
FURTHER RESOLVED, that the City Council issues this decision based upon consideration of the record of the entire proceedings herein, which are included in the record on this matter; and be it
FURTHER RESOLVED, that the Report and Recommendation of Administrative Law Judge McKenzie issued on April 3, 2026, under CAH 25-6020-40909, In the Matter of Auto Repair Garage & Second Hand Dealer - Motor Vehicle license held by M F K Enterprise Inc d/b/a M F K Enterprise at the premises located at 830 Robert Street South in Saint Paul, License ID #5795, are hereby adopted in part as the Findings of Fact and the Conclusions of Law of the City Council in this matter with amendments as provided in the amended findings and conclusions (Exhibit #11), “Amended Findings of Fact, Conclusions of Law, and Recommendation”; and be it
FURTHER RESOLVED, that the City Council hereby imposes the $1,000 matrix penalty upon the License and amends the License conditions to be as follows:
1. The number of vehicles on the lot for sale shall not exceed twenty (20). Ten (10) vehicle spaces are designated on the site plan for each licensee. The number of vehicles parked on the lot for customer or employee shall not exceed eight (8). Four (4) vehicle spaces are designated on the site plan for each licensee. The arrangement of parking spaces for all possible twenty-eight (28) vehicle spaces shall be as shown on site plan on file with DSI.
2. Customer/employee parking spaces shall be designated with painted lines on parking surface and with appropriate signage delineating these spaces for the intended use. Striping of parking spaces must be maintained.
3. A drive lane shall be maintained open for thru vehicle access as shown on the site plan.
4. The delivery of towed or trailered vehicles shall take place entirely within the approved site plan and cannot take place in the public right-of-way (e.g., street, alley, sidewalk, boulevard, etc.).
5. The post and chain barrier restraint device must be maintained along the property line on Winona to prevent encroachment into the public area.
6. No customer vehicles under the control of the licensee can be parked and/or stored in the public right-of-way (e.g., street, alley, sidewalk, boulevard, etc.). This includes vehicles waiting for repairs and vehicles waiting to be picked up by the customer.
7. All repair and servicing of vehicles shall be conducted inside the building and not on the exterior of the lot or in the public streets, alley, sidewalk, or boulevards, etc.
8. There shall be no exterior storage of vehicle parts, tires, oil, or any other material. Storage of vehicle fluids, batteries, etc. shall be in accordance with the Ramsey County Hazardous Waste regulations.
9. The dumpster must be stored on the property in an area of the site which is not required for customer parking or maneuvering.
10. Licensee shall monitor noise of equipment required for servicing vehicles. Overhead doors shall be kept closed when using noise producing tools.
Payment of the penalty shall be made within thirty (30) days of the date of the adoption of this resolution.
A copy of this resolution as adopted shall be sent by first-class mail to the Administrative Law Judge and to the Licensee.