04-966�(-�.�� `° �� l ��
CITY OF
PRESE�'7.`ED BY
REP'Eiu2En TO
PAUL,NIINNESOTA
�
CODLrIITTEEV DATE
WHEREAS, the City Council imposed adverse action against Mohaxmned Shams Eshmawy, d/b/a East
Lake Auto, located at 2121 University Avenue West, Saint Paul, NIN 55114 (License ID# 20010005286) under
Council File# 04-100 and imposed a fine and ordered that the licensee come into compliance with the
conditions on the license within ten days; and
WHEREAS, a Notice of Violation was sent on August 2, 2004, to Licensee alleging that the licensee had
failed to bring the premises into compliance with the conditions of the license within ten days and had failed to pay
the $1,000 fine and alleged new violations of the conditions on the license; and
WHEREAS, the Licensee responded by letter dated August 16, 2004, requesting a hearing before the City
Council for a public hearing to azgue the penalty recommendation, which was for the imposition of the original
penalty of a ten day license suspension and an additional $1,000 fine, but did not dispute the allegations; now,
therefore be it
RESOLVED, that the stay of the previous ten day suspension of the Auto �'iarage Repair and Auto Body
Shop licenses held by MohaYmned Shams Eshmawy, d/b!a/ East Lake Auto, located at 2121 University Avenue
West, St. Paul, MN 55114 (License ID# 20010005286) is hereby revoked, and the licenses are suspended for a
period of ten days. The licensee is ordered to pay the original $1,000 fine within ten days of the passage and
approval of this resolution and is ordered to pay an additional $1,000 fine within thirty days of the passage and
approval ofthis resolution. The suspension ofthe licenses shall be effective at 12:01 a.m. on Wednesday, October
27, 2004 and shall remain in effect until 11:59 pm. on Friday, November 5, z�9A93. Z�OC�.
Requested by Department of:
By: ����� 'rJ , '^LAi�
Fozm Approved by City Attorney
Adoption Certified by Council Secretary
By:
By:
Approved b�c�la�or: Date
RESOLUTION
�
for
Council File # �' `��
GreenSheet# 3��da+�
By:
Adopted by Council: Date VL� ��� 1
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
. . , ,. 1 f..i–'I�n�A
DepartmenVoffice/council: Date I�itiated: � � � v
Lp – LicrnseJlnspection/EnvironProt 08SEP-04 Green Sheet NO: 3022242
Contad Person & Phone• Denartrnent Sent To Person InitiaVDate
Urginia Palmer � 0 i n n vir n ro
266"$��0 pSSigR 1- icensel[n ' nlEnvironPm De aKme [Dic or
Must Be on qqenda by (Date): Number 2 � A orn
�� `� - � / � / � O �� RoUting 3 a or's �ce MavodAssis[ nt
� o,� a �G�
� 5 i Clerk Citv Clerk
7ota1 # of Signature Pages _(C{ip Nl lowtions for Signature)
Action Requested:
Approcal of the attached resoluhon authorizing adverse action consistin� of unposition of previous license suspension and payment
of an ldditional$ I,000 in fines against licenses for Mohanuned Shams Eshmawy d/b/a East Lake Auto (License ID No. 20010005286)
� Iocated at 2121 University Avenue West in St. Paul.
i Recommenda6ons: Approve (A) or Reject (R): Personal Service Contrects Must Mswer the Following Questions:
{ Planning Commission 7. Has this person/firm ever worked under a contract for this department?
i -- CIB Committee Yes No
Civil Service Commission 2. Has fhis person/firm ever been a city employee?
i Yes No
i �_
I 3. Does this persoNfirm possess a skill noi normaliy possessed by any
{ – curtent city employee?
� Yes No
I _� Exp4ain all yes answers on separate sheet and aNach to green sheet
fnitiating Probtem, issues, OppoRUnity pNho, What, When, Where, Why):
Mohammed Shan�s Eshmaivy d/b/a East Lake Auto failed to pay the fined imposed on a prior violation and also failed to maintain the
premises in compliance on conditions placed on ffie license.
AdvantageslfApproved:
1
Disadvantages It Approved:
�
Disadvantages IE Not Approved:
,— __.- . _ , - .
4 ToWI Amount of CosURevenue Budgeted: ����oa>�^h °a^°�°^r'
Transaction:
Fundinq Source: Activity Number:
I Financial Information: ��r � s� ���,��,
i (�plain) �
i
�_
o�-�.�c�
UNCONTESTED LICENSE MATTER
Licensee Name:
Address:
Council Date:
Violation:
Date of Violation:
Mohammed Shams Eshmawy
East Lake Auto
2121 University Avenue West, S� Paul, MN 55114
Wednesday, October 6, 2004 @ 5:30 p.m.
Failure to bring premises into compliance with the
conditions on the license within ten days
May 19, 2004
Recommendation of Assistant City Attorney on behalf of client, Office of
License, Inspections and Environmental Protection:
Imposition of 10 day closure and $1,000 �ne for previous violation and
an additional fine of $1,000.
Attachments:
1. Proposed resolution
2. Letter dated 8/16/2004 from Mohammed S. Eshmawy requesting a
public hearing.
3. Notice of Violation letter dated 8/2l2004.
4. Letter dated 5/19/2004 from License Inspector Richard W. Jents to
Mohammed S. Eshmawy.
5. Seven (� pictures of various violations on the licensed premises.
6. Notice of Stayed License Suspension and Imposition of Fine letter
dated 2/9/2004.
., .
August 16�', 2004
Virginia D. Palmer
City of St. Paul
400 City Hall
15 West Kellogg Blvd.
Saint Paul,lVrnnesota 55102
RE: I3otice of Violation
Deaz Virgina Palmer,
��������
,�U6 �� � 2�t�4
�,��Y �;T'.OR�l��Y
Per the notice I received from you regazding my property at 2121 University Ave, St.
Paul, MN, I am writing you a letter requesting a hearing before the Saint Paul City
Council to discuss the appropriate penalty regazding the violations the inspector noted.
Sincerely,
Mohammed S. Eshmawy
s�
�
— 6 �
cxt-9�.t�
�
CITY OF SAINT PAUL
Rartdy G Kel(y. Mayor
August 2, 2004
OFFICE Oi :� CITY ATTORNEY
Manue[I.Cervantes,CiryArtomey ����
Civi( Divisian
400 Ciry Ha[I Telephone: 651266-87l0
I S West Ke!logg BWd. Farsimi(e: 651298-5619
Saint Paul, Minnesota 55102
NOTICE OF VIOLATION
Mohammed Shams Eshmawy
East Lake Auto
2121 University Avenue W.
Saint Paul, Minnesota 55114
RE: Auto Repair Garage License and Auto Body Repair Shop License held by
Mohammed Shams Eshmawy for ihe premises located at 2121 University Avenue
W. in St. Paul
License ID No.: 20010005286
Dear Mr. Eshmawy:
The Director of the Office of License, Inspections and Environmental Protection (LIEP) will
recommend that adverse action be taken against your licenses based on the followin�
information:
On February 9, 2004, you were sent a copy of Council File #04-
100, in which the City Council took adverse action against the
above-referenced licenses. The cover letter Prom the Office of
LIEP informed you that the fine of $1,000 was to be paid by
March 5, 2004 and that you were to bring the premises into
compliance with the conditions on your license within ten days.
On May 19, 2004 an inspector was at the premises in response
to complaints that damaged vehicles and parts were being kept
on the property, in violation of the conditions on your license.
The inspector observed trash waiting for pickup which was not
in a covered dumpster, in violation of condition #3 on the
license and vehicle tires stored outdoors, also in violation of
that condition. He observed a vehicie without a tire parked on
the lot, which is a violation of the condition #1, which requires
that vehicles parked outdoors must be completely assembled
with no major body parts missiag.
AA-ADA-E£O Employer
Mohammed Shams Eshmawy -�
East Lake Auto
August 2, 2004
Page 2
Mr. Eshmawy was given until May 26, 2004 to correct all
violations but had not done so by June 2, 2004.
O�,' Lta.�
Because this is your second violation, the recommendation of the Office of LIEP is for the
imposition of the ten-day closure which was suspended on the previous violation payment of the
fine which was due, and imposition of an additional fine of $1,000.
If you do not dispute the above facts, but wish to have a hearing before the Saint Paul
City Council to discuss the appropriate genaity, you will need to send me a letter with a statement
admitting the violations and requesting a hearina by Friday, Au�ust 13, 2004. The matter will
then be scheduled before the City Council for a public hearing to determine what penalty, if any,
to impose. You will have an opportunity to appear before the Counci] and make a statement on
your own behalf as to the penalty to be imposed.
If you do dispute the above facts, a hearing will be scheduled before an Administrative
Law Judge. At that hearing both you and the City will be able to appear and present witnesses,
evidence, and cross-examine the other s witnesses. The St. Paui City Council wiil ultimately
decide the case. Please let me know in writing if that is how you wish to proceed.
If you have not contacted me by Augustl3, 2004, I will assume that you are not
contesting the facts and will schedule this maiter for a hearing before the City Council for a
consent agenda, at which dme the recommended penalty will be imposed.
If you have any questions, feel free to contact me at 266-8710.
Sincerely,
�� � �
Virginia�er
Assistant City Attorney
cc: Christine Rozek, Deputy Director of LIEP
St. Anthony Park Community Council, 890 Cromwell Avenue, Saint Paul, MN 55114
AA-ADA-EEO Employer
o�t- ac�c�
STATE OF MINNESOTA )
) ss.
COUNTY OF RAMSEY )
AFFIDAVIT OF SERVICE BY U.S. MAIL
MEGHAN McGIVERN, being first duly sworn, deposes and says that on August 2, 2004,
she served the attached NOTICE OF VIOLATION by placing true and correct copies thereof in
envelopes addressed as follows:
Mohammed Shams Eshmawy
East Lake Auto
2121 University Avenue W.
Saint Paul, MN 55114
St. Anthony Park Community Council
890 Cromwell Avenue
Saint Paul, MN 55114
(which are the last laiown addresses of said people) depositing the same, with postage prepaid,
in the United States mail at St. Paul, Minnesota.
il � . ,,�� U.�..��.
r�� - ti• -
Subscribed and sworn to before me
JOMAdE G. C6EMEIYP$
� NOTARY PU8t1C • MtNN�363iA
MYCUMAIISSK7k
EXPIRES JAN1.31,1C�
this 2nd day of August, 2004.
CTTY OF SAINT PAUL
Randy C. Kelly, Mayor
May 19, 2004
Mohanmied Eshmawy
East Lake Auto
2121 University Avenue West
Saint Pau1, MN 55114
Dear Mohammed,
OFFICE OF I,ICEI' �NSPECTIONS AND
ENVIRONMENTALPROTECTION
Janeen E. Ras¢s, Direcror
LOWRY PROFESS[ONAL BUILDING
350 S[. Peter S�reet, Suite 300
Saint Pnu7, Minn¢sot¢ 55702-I510
(x�' ��4
Telephone: 65l-266-9090
Facstimile: 65l-366-9!?.
Web: www.ci.stpaul.mn.us/liep
A complaint was made concerning the keeping of damaged vehicles and parts on your
property. The complaint also stated that parts and trash were stored in the back of your
property waiting for pick up.
Please remove all inoperable vehicles on your lot. Velucles being worked on and damaged
vehicles waiting for repair must be kept inside. Vehicles with flat tires must be fixed or
removed within 24 hours. Scrap metal and parts must not be kept outside while waiting
for pick up.
The conditions on your license prohibit damaged and inoperable vehicles on your lot.
It is a violation of the conditions under which your license was granted. Failure to conect
the violations by May 26, 2004 will result in enforcement action. A check will be made for
compliance of these violations.
Sincerely,
� F/ .
Richard W. Jents
LicenseInspector
RWJ/lab
cc: Christine A. Rozek, Deputy Director
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OEFICE OF LICENSE, INSPECTIONS AND f
EWIRONbtENTALPROTECTIOV (�L�C�!„`-
✓nneen E. Rosns, DirPCior lf�. �Vi�(
CITY OF SE� LNT PA�. LOWRY PROFESSIONAL BU[LDNG Telephone: 65l-266-9090
Rnndy C. Ke!!y, hfay�or 350 Sc Peter Sneet, Suite 300 Facsimile: 6�l-166-91 Z4
Sairtt Pmd, Ntirtnuot¢ SNO?-[5!0 [i'eb: wwn�.liep.�cs
Febniary 9, 2004
NOTICE OR STAYED LICENSE SUSPENSION
AND Ib1POSITION OF FINE
Mohammed Shams Eshmawy � � � � � � � �
East Lake Auto
2121 University Avenue West
Saint Paul, iVIN SS ll4
Dear Mr. Eshma��ry:
FEB 12 Luu4
�1�'�t' �� � ��l���'�
Enclosed is a copy of City Councit Resohition 04-100 �vhich suspends the Auto Repair Garage
and Auto Body Repair licenses issued to you by the City of Saint Paul for ten (10) days and
imposes a S 1,000.00 fine for the followin�:
Violation of conditions on the ticense.
The suspension w�s adopted by the Saint Paul City CoLmcil in final written form at the Cotmcil's
regular meeting on February 4, 2004. However, ten (10) days of the suspension shall be stayed
for a period of eighteen (18) months on the condition the licensee pay a fine in the amount of
$1,000.00, that the premises be brought into compliance with the conditions on the license within
ten (10) days of the passa�e and approval of this resolution, and that there be no other violations
within the eighteen month period.
The effect of this notice is that a fine in the amount of $1,000.00 is due for the above mentioned
offense which is payable no later than close of business (4:30 p.m.) on Friday, March 5, 2004.
Please contact me at 266-9108 if you have any questions regarding this matter.
Sincerely,
C �l,�s-t rw f� f ��.-�
Christine A. Rozek
Deputy Director
CARllab : enclosure
cc: �Vestem District Commander-SPPD
Janeen E. Rosas, Director-LIEP
Tami Laughlin, Legal Assistant
Kris Sch�veinler, Senior License Tnspector
AA-ADA-EEO Employer
FEE-6c-2�64 11�06
�e
Presented
Refened To
�;TY OF StiINT FFUL
RESOLUTiO"d
CTTy O�' SAINT PAUL, a'VTINNESOTA
,
ZU
D�,�l��
Committee: Date
�V�ERF.4S, adverse action wes iaihatzd against the Auto Rcpair G;uage License & Anto $ody Repaii
Shop h_id by Mohammed Shams &hmawy, Inc. d/b/a Easr I.ake Auto for the premiscs a2 2121 Univc}siry Avenue
West in Saint Paul, byNooce ot Violauun dated Dacmber 3, 2003, for viotarious of conditions of the�r license; and
WHERF•AS, on p�toba 29, 2003, a licease iifspcctor was at 2121 Univezsity Avenve in rrsponse to
complaiats that the business was parking cai5 over the sidewalk The ]ice.�sc has a number oFcondin�ns on ie,
including onz whicli prohibits auta body cepasr oncside of thcbvilding, ,.uoih¢r wluch prohibits disassembled cars
from beingpx.-ked •,n thc Iot and a thi:•d wnich pron�bits ou�sidz storage of vchicle parts; aod
WHEREAS, there has been no response by the liccnsre; and
WfiEREAS, the iecommeudation of the Office of LIEp is far a cen day suspcnsio¢ o£al1 Iictnses, with d�e
sttsprnsion bcing stayed for a ptriocl of aightezn m.on[1zs oa the condieoa that the licensee pay a finc in rhe amossnt
o£S I,000.00, that the pmmiszs is brou�t into compliauce with [he conditions on che license within trn days and
that tLe Iicensce have no other v�otations in that eighteen month periud; uow, therefore, be it
RESOLVED, tl�at nc� followiao is isnposed against the Auro Rzpeir Garage License & Avto Body Repair
Shop License held by Mohanimed Shams Es}unawy, �c. d16la Eaat Iake Auto for the premises at 2121 Universiry
Avenue in the Ciry of Saint Paul: A[zn day suspension of licenses, with tLe suspension being stayed for a period of
�ighteen montl�s on the condiuon tllat the licensee pays a Lnc of 51,000.00, tfiat t11e premises is brought into
rompliaocc .virh thz conditions on the licrnse within 10 days of the passage and approval of Uus resolution aad �fiat
rhere bo no other violations in that eightern month period.
aequaeted by �epaYCmcn[ 05:
��fP
HY � Q� J� Oti (L7
AdopGed by Council: Date
Adop[ior. Ctrti£ied by Couaci2 9ec:etary
Form agp ved by Ci�y AtcarneX
HY: �"��x/ r. _ � v_/�
gY � __E_L /� / A i%.P��Qi�� ' 8Y;
Approved by .+7,Yyvr: Date
B'l: _
Mayo: £or
6�1 25E &574 P.25/0i
Counr'I Fjle # �`Y w
Grern Sheet # 3 Dv g� ,�5
OFFICE OF Tf� CITY ATTORNEY
ManuelJ Cerv¢ntes, CiryAtlorney
V � ��W
CITY OF SAINT PAUL
Randy C. Kelly, Mayor
Civil Division
600 Ciry Hal!
I S Wu� Kellogg BIvA.
Sain! Paul, Minnuot¢ 55102
Telephone: 6i 1266-8710
Facsimi[e: 65! 298-5619
September 13, 2004
NOTICE OF COUNCIL HEARING
Mr. Mohammed S. Eshmawy
East Lake Auto
2121 University Avenue West
St. Paul, MN 55114
RE: Auto Repair Gazage License and Auto Body Repair Shop held by Mohammed
Shams Eshmawy for the premises located at 2121 University Avenue West in
Saint Paul (License ID No. 20010005286)
Dear Sir:
Please take notice that this matter has been set on the Public Hearing Agenda for the City
Council meeting scheduled far 5:30 p.m., Wednesday, October 6, 2004 in the City Council
Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse.
Enclosed aze copies of the proposed resolution and other documents which will be
presented to the City Council for their consideration. This is an uncontested matter in that the
facts concerning your failure to bring premises into compliance with the conditions on the license
within the required ten days haue not been denied. Per your request, this matter has been placed
on the public hearing agenda portion of the City Council meeting, during which public discussion
is allowed. The recommendation of the license office is the imposition of the previous license
suspension and payment of an additional $1,000 in fines.
If you have any questions please feel free to contact me at 266-8710.
Very trul yours,
� , �$r��3�"� ��t'�;'4'
�i�� �� Cx-�-+�
Virginia � . Palmer �� � � �
Assistant Ciry Attorney
cc: Maiy�rickso� Assistant Council Secretary, 310 City Hall
Christine Rozek, Deputy Director of LIEP
Ms. Melissa Matthews, Executive Director, St. Anthony Park Community Council
890 Cromwell Avenue, St. Paul, MN 55114-1599
AA-ADA-EEO Employer