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04-1070Council File # � 4��0 Green Sheet # �`{_p_�,__� PRESENTED BY REF'ERRED TO COMMITTEE: DATE i WHEREAS, adverse action was initiated against the Second Hand Dealer license heid by z Ker Vang, dlb/a MC Auto Repair & Tire Service (License ID No #20040004115) for the City of s Saint Paul by Nofice of Violation dated October 12, 2004, alieging the State of Minnesota Dealer 4 Number and $5,000 Surety Bond have not been received; and s 6 v a s io �i WHEREAS, the licensee did not respond to the Notice of Violation to contest the allegations or submit the required documents; and WHEREAS, the Notice of Violation stated that if the licensee did not respond by October 22, 2004, that the matter would be placed on the consent agenda to suspand the license; now, therefore, be it iz as RESOI.VED, that the Second Hand Dealer license held by Ker Vang, dJbJa MC Auto i4 Repair & Tire Sefrvice be immediately suspended unril such rime as the requested inforrnation is is received. is Requested by DepartmenC of: Adopted by Council: Date �-QC,¢,.rh-Q,� o ZG7l�'-�-- Adoption Certi,�ied by Council Secretary /� i� '�/7• �" x RESQLUTION CIT'Y OF SAINT PAUL, M7NNESOTA .� Hy: ��.�� J 1'7 .l�� Form Approved by City Attor�.ey� ( B � � �°�";� Mayor £or Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � DepartmenVOfficelcouncil: DatelniGated: 0�,-tQ�la LP — LicenseJLispecuotJfinvironProt 2��_� Green Sheet NO: 3024024 ConWct Person 8 Phone: Vrginia Palmer 266-8710 on Counci{ Agenda by (Date): �/ Assign Num6er For Routing Order 0 i e 'on nvir n r 1 icense ns ection/Enviro� Pro De a m n Director 2 i tt rn • 3 a or's Oft'c �Ia or/ sistan[ 4 ou c 1 5 i Cierk � lerk ToWt # of Signature Pages _(Clip A11 Locations for Signature) Aetion Requested: Appmval of the attached resolution to take adverse ac6on against the Second Hand Dealer license held by Ker Vang, d/b/a MC Auto Repair & Tire Service (License II7 #20040000115) for the premises located at 1202 Dale Street North in Saint Paul. Planning Commission CIB Committee Civil Service Commission Personal Service Contrads Must Answer 1. Has thfs persoNfirtn ever worked under a conVact for this departmenY? Yes No 2. Has this personlfirtn ever been a city employee? Yes No 3. Does this person/firm possess a skiil not normally possessed by any current city empbyee? Yes No Explain all yes answers on separate sheet antl attach fo green sheet Initiating Problem, lssues, Opportunity (Who, What, When, Where, Why): Licensee has failed to provide a State of Minnesota Dealei Number and a$5,000 Surety Bond for Second Hand Dealer license required by tihe Office of LIEP. RECEIUED AdvantapeslfApproved: License would be immediately suspended as recommended by the Office of LIEP. OCT 2 9 20�4 MAYOR'S OFFfCE Disadvantages If Approved: None ����r Disadvantages If Nat Approved: License would not'oe suspended for failure to submit required documems. [ � �}F Transaction: Funding Source: CostlRevenue Budgeted: Activity Num6er: Financial Information: (Explai�) , _. � • � e � . , , � ��. �.a, �---m--- ,-.��, � , — , g �; � � , �r , f $ ��s ,IfF�� . �'r s a ta F f x � x �lx R ; .� �-S ., A r �' .c ` r,.n, . s ^x„xr.� r� ,� � - s . � 242923330125 �it�OC6T3�'�!O!3 ,..... '-��' r� I�f��rr���i�� c����9�'s���... Data Disdaimer:- The City of Saint Paul and lts offc7als, o�cers� employees or agents does not warrant the accuracy, reliability or timeliness of any inFOrmation published by this system, and shall not be held liable for any losses caused by reliance on the accuracy, reliabifity or timeiiness of such inPOrmation. Portions of such information may be incorrect or no[ current. Any person or entity that relies on any information obtained from this system does so at his or her own risk. �.S$'� 4'� ��$IFS�m., Number Ac�slr��s Description t��tails Status 98 000471 M and M AUTO ECLIPS License# ECLIPS License - CayTaxi Canceled REP 00 XC REPAIR - 1202 19980000471 Type: Auto Repair Garage DALE ST N 95 021113 AUTO CRAFI' - REP 00 XC 1202 DALE ST N 85 040334 TRANS AUTO - REP 00 XC 1202 DALE ST N 04 091022 MC AUTO SHD 00 XC REPAIR and TIRE SERVICE - 12�2 DALE ST N 04 091021 MC AUTO SHD 00 XC REPAIR and TIRE SERVICE - 1202 DALE ST N 04 020171 MC AUTO REP 00 XC REPAIR and TIRE SERVICE - 1202 DALE 5T N 02 DO1588 MC TIRE REP 00 XC SERVICE - 1202 DALE ST N OS 003921 ALPHA AU70 SHD 0a XC SALES - 1202 DALE ST N Entered on: 04l15/1998 ECl3P5 License# ECISPS l�ceose - CarJTaxi 0021113 Type: Auto Repair Garage Entered on: 03j01/1995 ECLIPS License# ECLIPS License - Car{Taxi 0040334 Type: Auto Repair Garage Entered on: 12l0911985 ECLIPS License# ECLIPS License - Car/Taxi 240400o0115 Type: Second Hand Dealer - Motor Vehicle Entered on; 06J25j2004 ECLIPS License# ECLIPS Ucense - Car/Taxi 20040000115 Type: Second Hand Dealer - Motor Vehicle Parts Entered on: 12JO1J2003 ECLIPS License# ECLIPS License - Car{Taxi 20040000115 Type: Auto Repair Garage Entered on: 12(O1J2003 ECLIPS License# ECLIPS License - Car/Taxi 2D020001588 Type: Auto Repair Garage Entered on: 06(0812002 ECLIPS License# ECLIPS License - Car(Taxi 24010003421 Type; Second Hand Dealer - Motor Vehitle Entered on: 1OJ19J2001 Canceled Canceled Pending Pendin9 Active Pending Ren Canceled Canceled ?+FCSVe YoP G7. CITY OF SAINT PAUL Randy G Kelly, H1ny�or October 12, 2004 OFFICE THE CITY ATTORNEY Mnn�re! Ce� . �es. Ciry' Anorney 0`l-tOzO G�rrOrv;sron 400Cig�Na[! Telephone:65l266-87l0 IS Wert Kel(agg Blvd. Facsiiriile: 651 298-5619 Saint Pa�d, Ffinnesoia 55lQ? NOTICE OF VIOLATION Ker Vang MC Auto Repair & Tire Seroice 1202 Dale Street North St. Paul, MN 55117 RE: Second Hand Dealer license held by Ker Vang d/6/a MC Auto Repair & Tire Service for the premises located at 1202 Dale Street North in Saint Paul License ID#: 200400001 l 5 Dear Mr. Vang: The Office of License, Inspections and Environmentai Protection has recommended that adverse action be taken against the Second Hand Aealer license held by Ker Van;, d/b/a MC Auto Repair & Tire Service for the premises located at 1202 Dale Street 1Vorth in Saint Paul. The basis for the adverse action is as foliows: On 3une 29, 2004 a third notice was sent to you by the Office of LIEP stating that they had not received your State of Minnesota Dealer Number or the $5,000 Surety Bond for second vehicle parts sales. The recommendation of the Office of LIEP is for suspension of your license until such time as you pzovide the requested information. At this time, you have two options on how to proceed: AA-ADA-EEO Empioyer MC Auto Repair & Tire Se :e Qctober 12, 2Q04 Page 2 1, If you do not dispute the above facts, you may submit the necessary information to the Office of License, Inspections and Environmental Protection at 350 Saint Peter Street, Suite 300, Saint Paul, Minnesota, 55102 no later than Friday, October 22, 2004. Information should be directed to the attention of Christine Rozek. b�- to�� 2. On the other hand, if you wish to dispute the above facts, I will schedule an evidentiary hearing before an Administrative Law 7udge (ALJ). If you wish to have such a hearing, please send me a letter stating that you are contesting the facts. You will then be sent a "Notice of Hearing," so you wili know when and where to appeaz, and what the basis for the hearing will be. Please let me know in writing no later than Friday, October 22, 2004 how you wonld like to proceed. If I have not heard from you by that date, I will assume that you are not contesting the facts. The matter will then be scheduled for the St. Paul City Council where it will be put on the Consent Agenda during which no discussion is allowed and the recommended penalty will be imposed. If you have any questions, feei free to call me or have your attomey call me at 266-8710. Sincerely, V tl�,V���� ��G�-�^"� �) Virginia D. Palmer Assistant City Attomey cc: Christine Rozek, LIEP AA-ADA-EEO Employer D`�,-101U STATE OF MINNESOTA ) ) ss. A.FFIDAVIT OF SERVICE BY U.S. MAIL COUNTY OF RAMSEY ) MEGHAN McGIVERN, being first duly swom, deposes and says that on October 13, 2004, she served the attached NOTICE OF VIOLATION by placing a true and correct copy thereof in an envelope addressed as foliows: Ker Vang MC Auto Repair & Tire Service 1202 Dale Street North St. Paul, MN 55117 (which is the last lrnown address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. '/ / � � `i.N �/I, .i/l�' �i17/i r ,. - - �- - - - - Subscribed and sworn to before me .. _....b...�..� r � � .�n.^.E u CLeM"L'NTS �� � r�o'��= -nUBUC-+AINntESOTa �..,' _."- ^,�^•t-1MISSICN Ea `"F'ES JAN. 37. 20D@ z��- Council File # � ��� ('ireen Sheet # 3b�,i{ (�_� RESOLUTION CITY OF SAINT PAUL, NIINNESOTA i j �� - 1; PRESEVTED BY REE'ERRED TO CO:�'IbITTTEE: DATE � i WHEREAS, adverse acrion was initiated against the Second Hand Dealer license held by z Ker Vang, d!b!a MC Auto Repair & Tire Service (License 1D No #20040000115) for the City of s Saint Paul by Norice of Violation dated October 12, 2004, alleging the State of Minnesota Dealer 4 Number and $5,000 Surety Bond have not been received; and s s v s WHBREAS, the licensee did not respond to the Notice of Violation to contest the allegations or submit the required documents; and s WHEREAS, the Notice of Violation stated that if the licensee did not respond by October io 22, 2004, that the matter would be placed on the consent agenda to suspend the license; now, i i therefore, be it iz Ba RESOLVED, that the Second Hand Dealer license held by Ker Vang, d/b/a MC Auto i4 Repair & Tire Service be immediately suspended untii such time as the requested information is is received. is Requested by Department of: Adopted by Council: Date {✓-Q�..Q,ra� a.UC� Adoption Certi�ied by Council Secretary By: _1 Approved Yfy�M�6r: bate $Y� �;k���;b. �}- .�,�� Form Approved by City Attor� B �c/�� � �`- Mayor £or Council By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � hv1_ �n Department/office/council: Dat¢ Initiated: v �v s � LP - Licrnse/Inspecrion/EnvironProt Z��T� Green Sheet NO: 3024024 Contad Person & Phone: Deoartment Sent To Person InitialNate Vrgini2 P21met � 0 i en ellns ni nP Z6G87�� A55ign I icensel[ s ection/Envi on Pro D artm nt Direc[or Must Be on Council f�enda by (Date)_ Number 2 i ornev Fur RoUting 3 a or's O(tice �ia oNAssista�t O�der 4 o nc"1 5 i lerk i Cierk ToWI # of Signature Pages _(Clip All Locations for Signature) Action Requested: Approval of the attached resolution to take adverse acrion against the Second Hand Dealer license held by Ker Vang, d/b/a MC Auto Repair & Tire Service (License ID #20040000ll 5) for the premises located at 1202 Dale Sueet North in Saint Paul. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Mswer the Following Questions: Planning Commission 1. Has this person/firtn ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this personffirm ever been a city employee? Yes No 3, Does this persoNfirm passess a skill not �ormally possessetl by any current city employee? " Yes No Explain all yes answers on separate sheet and attach !o green sheet initiating Problem, issues, Opportunity (Who, What, When, Where, Why): Licensee has failed to provide a State of Minnesota Dealer I�TUmber and a$5,000 Sutety Bond for Second Hand Dealer license required by the Office of LIEP. RECENED AdvantagesNpparwed: �CT `� 9 Z��4 License would be immediately suspended as recommended by the Office of LIEP. MAYOR'S OFFlCE � Disadvantanes If Apqroved: � None ,� s•,.-,a�,r n ^�'�F?' � "- Disadvantages If Not Approved: License would not be suspended for failure to submit required documents. � � n �� Q � 4i � Total Amoant of CosURevenue Budgeted: Transaction: Funding Source: Adivitv Number: Financiai lnformation: (Explain) � � c�� a������� � ,.�.-.��..,, zr. .� �° �� t�,-�o ��� � ; � ��,,,,��; , < s.� ;�: � �----�-�-� �— _„ t � `' 3 1202 DALE ST #�t --- Pin Number 242923330125 Information --- 63 HPC IIis#rict Information disciaimer.== Data Disdaimer.- The City of Saint Paul and its officials, officers, employees or agents does not warrant the accuracy, refiability or timeliness of any information published by thls system, and shall not be held Habie for any losses caused by reliance on the accuracy, reliability or timeliness of such information. Portions of such information may be incorrect or not current. Any person or entity that relies on any information obtained from this system dces so at his or her own risk. E.�s� csf �cteetq�,a=., Piumber �xldress Description 63e�a's!s 98 000411 M and M AUTO ECLIPS License# ECLIPS License - Car/Taxi REP 00 XC REPAIR - 1202 19980000471 Type: Auto Repair Garage DALE ST N Entered on: �4J15/1998 95 021113 AUTO CRAFT - ECLIPS License# ECLIPS License - Car/Taxi REP 00 XC 1202 DALE ST N D021113 Type: Auto Repair Garage Entered on: 03/OS/1995 85 040334 TRANS AUTO - ECLIPS License# ECLIPS License - Car/Taxi REP 00 XC 1202 DALE ST N 0040334 TYpe: Auto Repair Garage Entered on: 12{09J1985 04 091�22 MC AUTQ ECLIPS License# ECIiPS License - Car/Taxi SHD 00 XC REPAIR and Z0040000115 Type: Second Hand Dealer - Motor Vehicie 71RE SERVICE - Entered on: 06/ZSJ2004 1202 DALE ST N �4 091021 MC AUTO SND 00 XC REPAIR and T1RE SERVICE - 1202 DALE ST N 04 020171 MC AUTO REP 00 XC REPAIR and TIRE SERVICE - 1202 DALE ST N 02 Q01588 MC TIRE REP 00 XC SERVICE - 1202 DALE ST N Di 003921 ALPHA AUTO SHD 00 XC SALES - 1202 DALE ST N ECLIPS License# ECLIPS License - CarfTazi 20040000115 Type: Second Hand Dealer - Motor Vehicle Parts Entered on: 12/01l2003 ECLiPS License# ECLiPS Ucense - CayTaxi 20040000115 Type: Auto Repair Garage Entered on: 12(011Z0a3 ECLIPS Ucense# ECLIPS License - CayTaxi 20020001558 Type: Auto Repair Garage Entered on: 06/08/2002 ECLIPS License# ECL1P5 License - CadTaxi 20010003921 Type: Second Hand Dealer - Motor Vehicle Entered on: 10/19/2001 Status Canceied Canceled Canceled Pending Pending Active Pendin9 Ren Canceied Canceled P�SCVa _�: OFFICE THE CITY ATI'ORNEY Mnnnel Cer .:es. Ciry�Ar�orne}� o'�-l�'l� CITY OF SAINT PAUL Rarsdy C. Kelly, .Na}'or civitDivision 400 Ciry Hall I S West Kettogg B7.•d. Sain! Pmd, hfinnesorn Si10? Telephone: 65! 266-8710 Facsimile: 651 298-5619 October 12, 2004 NOTICE OF VIOLATION Ker Vang MC Auto Repair & Tire Service 1202 Dale Street North St. Paui, MN 55117 RE: Second Hand Dealer license held by Ker Vang d/b/a MC Auto Repair & Tire Service for the premises located at 1202 Dale Street North in Saint Paul License ID #: 2004000011.5 Dear Mr. Van�: The Office of License, Inspections and Environmentai Protection has recommended that adverse action be taken against the Second Hand Dealer license held by Ker Vang, d/6/a MC Auto Repair & Tire Service for the premises located at 1202 Dale Street North in Saint Paul. The basis for the adverse action is as follows: On Juue 29, 2004 a third notice was sent to you by the Office of LIEP stating that they had not received your State of Minnesota Dealer Number or the $5,000 Surety Bond for second vehicle parts sales. The recommendation of the Office of LIEP is for suspension of your license until such time as you provide the requested information. At this time, you have rivo options on how to proceed: AA-ADA-EEO Employer ` MC Auto Repair & Tire Se ;e October 12, 2004 Page 2 1, If you do not dispute the above facts, you may submit the necessary information to the Office of License, Inspections and Environmental Protection at 350 Saint Peter Street, Suite 300, Saint Paul, Minnesota, 55102 no later than Friday, October 22, 2004. Information should be directed to the attention of Christine Rozek. Oy,-10`�� 2. On the other hand, iP you wish to dispute the above facts, I will schedule an evidentiary hearin� before an Administrative Law Judge (ALJ). If you wish to have such a hearing, please send me a letter stating that you are contesting the facts. You will then be sent a "Notice of Hearing," so you will know when and where to appear, and what the basis for the hearing will be. Please let me know in writing no later than Friday, October 22, 2604 how you would like to proceed. If I have not heard from you by that date, I will assume that you are not contesting the facts. The matter will then be scheduled for the St. Paul City Council where it will be put on the Consent Ageuda during which no discussion is allowed and the recommended penalty wiil be imposed. If you have any questions, feel free to call me or have your attomey cail me at 266-8710. Sincerely, '�i /L� ,(/y�vA.� , '1 ' (�r�^t � � i Virginia D. Palmer Assistant City Attorney cc: Christine Rozek, LIEP AA-ADA-EEO Employer o�.-�o�o STATE OF NIINNESOTA ) ) ss. GOUNTY OF RAMSEY ) AFRIDAVIT OF SERVICE BY U.S. MAIL MEGF3AN McGIVERN, being first duly sworn, deposes and says that on October 13, 2004, she served the attached NOTICE OF VIOLATION by placing a true and conect copy thereof in an envelope addressed as follows: Ker Vang MC Auto Repair & Tire Service 1202 Dale Street North St. Paul, MN 55117 (which is the last lrnown address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. '� f �' �',li l/Il,� �� �,- - �-- - - Subscribed and swom to before me r, � � _.� �� x �w .he u cter�rr�rs ` �� . .� t; , i� ° ��!JBLIC-MiNNESOTA ' ..-. r �:'?JiM15SiCN Ens "�*i�5 SAN. 3'I. 2CfJ5 ,:�—�.-