05-11Counci] File # " L`
Green Sheet # �J O `{ 6 S �
RESOLUTION
CITY OF SAI�T PAUL, NIINNESOTA �
PRESE\TED BY
REEEf2RED TO
corv�xrTxEE: vaTE
WHEREAS, the City Council unposed adverse action against Mohatnmed Shams Eshmawy, d/6fa East
Lake Auto, located at 2121 University Avenue West, Saint Paul, MN 55114 (License ID# 20Q10005286) under
Council File# 04-100 and imposed a fine and ordered ihat the licensee come into compiiance with the
conditions on the ]icense within ten days; and
WHEREAS, a Notice of License Suspension and Imposition of Fine was sent on October 14, 2004, to the
Licensee informing him of the 10 day suspension that would take effect 12:01 a.m. on October 27, 2004 through
11:59 p.m. on Friday, November 5, 2004; and
WHEREAS, the Notice of License Suspension and unposition ofFine also stated that original $1,000 ofthe
fine was to be paid by October 22, 2004 and the additional $1,000 was to be paid by November 5, 2004; and
WHEREAS,11�e licensee was sent a letter on November 23, 2004 giving him an extension to
December 3, 2004 to pay the first $1,000 of the fine and make arrangements to pay the remaining $1,000; and
WHEREAS, the Licensee has not paid any portion of the $2,000 fine; now, therefore be it
RESOLVED, that the Auto Repair and Auto Body Shop licenses held by Mohaimlied Shams Eshmawy,
d/b/a( East Lake Autq located at 2121 University Avenue West, St. Paul, MN SSll4 (License ID# 20010005286)
is hereby suspended until such time as the licensee pays the required $2,000 in fines imposed by City Council.
Requested by Department of:
By: \�.����wtl/�Ln�lJt.i / J r '�
Fosm Approved by City Attorney
AdoF
By:
Appr
By:
Adopted by Council: Date ���01`�
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
5.��f�
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Departmentloffice/council: Datelnitiafed: GI�P.P.C� Sheet NO 3024654
LP — License/InspectionlEnviron Prot 14-0EG04
CoMact Person 8 Phone- Deoartment Sent 7o Person InitiaVDate
Vrginia Palmer � 0 i io vi n
2 fl55ign I icense/I s ection/Environ Pro e a ment irector
Must Be on Council qgenda by (DaM): Number Z � A � •
For
Routing 3 [a or's ftice i avor! sistant
Order 4 o ncii
5 ih� Clerk C' CI rk
ToWi # of Signature Pages _(Clip All Locations for Signature)
Action Requested:
Approva] of the attached resolution to take adverse acrion against the Auto Repair and Auto Body Shop licenses held by Mohammed
Shams Eshmawy, d/b/a Bast Lake Auto (License ID#20010005286) located at 2121 University Avenue West in Saint Paul.
Recommendations: Apprrne (A) or Reject (ft): Personal Service CoMracts Must Answer the Pollowing Questions:
Planning Commission 1. Has this person/firm ever worked under a contract for this department?
CIB Committee Yes No
Civit Service Commission 2. Has this person/firtn ever been a city employee?
Yes No
3. Does this person/firm possess a skill not normafiy possessed by any
cunent city empfoyee?
Yes No
� Explain all yes answers on separate sheet and attach Yo green sheet
initiating Probtem, Issues, Opportunity �YVho, What, When, Where, Why):
Licensee failed to comply with Council File #04-966 requiring payment of a$2,OQ0 fine for failure to bring premises into compliance with
the conditions of the license and failure to pay the initial fine unposed by Council File #04-100.
AdvantapeslfApprovetl:
Licensee would be forced to comply with the tercns of Council File #04-966.
Disadvantages If Approved:
1Vone
Disadvantages If Not Approved: �
Licensee would not be forced to compiy with the terms of Council File #04-466.
TotalAmouMof _(?SP.n �'�<' '
Transaction: CosURevenue Budgeted: �
Fundinsl Source: Activity Number: �} t � gg � L
� lj�� G EB LU�Y
Financia! Information:
(Explain) r�
OFFICE OF LICE' NSPECTiONS AND
ENVIRONMENI'A� `ROTEC"i10�7 TMI...`�
laneen E. Rosar, Director V J �'
Sw[NT
PAUL
�
AAAA
CITY OF SAINT PAUL
Randy C. Kelty. A4ayor
October 14, 2004
LOWRYPROFESSfO�ALBU(LDt.VG Telephune: 651-26b-9090
350StPeterStreet,Suite300 Faaimife: 651-266-9724
Sain[ Paul. Minnesoca 55702-1510 iYe6: xMnv.cistp¢u(.mn.us/liep
NOTICE OF LICENSE SUSPENSION
& IMPOSITION OF FINE
Mohammed Shams Eshmawy
East Izke Auto
2121 University Avenue West
Saint Paul, MN 55114
Dear Mr. Eshmawy:
�E������'
��T i ;; 2flfl4
.,' j '�� � I z V � Y
�,,.I�'`: t�,, � ,
Enclosed is a copy of City Council Resolution 04-966 which suspends the Auto Body Repair Shop
and Auto Repair C:arage licenses issued to you by the City of Saint Paul for ten days and imposes a
�2,000.00 fine for the following violation:
Failure to bring the premises into compliance �vith the conditions of the license
and failure to pay the $1,000.00 fine imposed under Councii File #04-100.
The suspension and fine was adopted by the Saint Paul City Council in final �vritten form at the
CounciPs regular meeting on October 6, 2004.
The effect of this notice is that no business operations shall be permitted £or ten (Io) days beginning
at 12:01 a.m. on Wednesday, October 27, 2004 through 11:59 p.m. Friday, November 5, 2004. In
addition, the original $1,000.00 fine is due October 22, 2004, and the additional 51,000.00 fine is
due November 5, 2004. This is a serious matter that demands your adherence. Absolutely no
business operations shall be permitted or conducted at 2121 University Avenue West during the
suspension and until the $2,000 fine is paid in full.
Please contact me at 266-9108 if you have any questions regarding this matter.
Sincerely,
l� � U
Christine A. Rozek
Deputy Director
CAR/lab : enclosure
cc: Westem District Commander, SPPD
3aneen E. Rosas, Director-LIEP
Julie Kraus, Legal Assistant
Kris Sch�veinler, Senior License Inspector
AA-ADA-EEO Employer
�CT-1a �0E4 06� 14 �IT`f OF SaitlT FAUL
� � ..z��-� "' 1 � lo'-�
RESOLUTION
CITY OF SAI1�j�' PA[3L, MINItiESO'TA
PS..'E6E�TED EY
�$
p5-\\
R£F£F�F"ED TO
COSZti11'S'P L:i•:: 7��1T�
WHLRPAS, the Ciry Council imposed advcrse action agaittst Mohammed Shams Eshmawy, dlb/a East
Lake Auto, locatcd at 2121 University Avenue West, Saint Yaul, �f�155114 (Licensc ID# 20010005286) under
Council File� 04-100 and imposed z fine and ordcred that the licensee come into compliance with the
conditions on the license within ten days; and
SNFiEREAS, a Notice of Violation was senl on August 2, 2004, to Licensee alieging thac the licensee had
failed to bring the przinises into compliance with Ihe co»ditions of the license within ten days and had faslcd to pay
thc S1,000 fine and afleged new violations of the conditions o» the license; and
W�-IEREAS, the Licensee responded by leller dated August lb, 2004, requcstin� a hzaring before the City
Council for a public bearing to argue the pcnalty recommendation, whieh was for the imposition of the original
prnaIty of a len ciay license suspension and an additional $1,000 fine, but did not dispute the alleoations; now,
thcrefore be it
RESOLVED, that the stay of the prcvious ten day suspensinn o�the Auto.Caza;e Repair and Auto Body
Shop licenses hel3 by Mohammed Shams Eshma�vy, dlbfa! East Lake Auto, located at 2121 Uni�ersity Avenue
`Vesi, S:. Paul, MTi SSl 14 (License iD# 20010005286} is herebv zevoked, and the licenses are suspended for a
period of ten days. `�'he ]icensee is ordercd io pay the original Sl,OQO fine within ten days of the passage and
approval of this resolution and is ordered to pay an addiiional �7,000 fine within thirry days of ihe passage and
approval of this resolution. The suspension ofthc liccnses shall be effecfive at 12:01 z.m. on Wednesday, OctoUer
27, 2004 and sha11 remain in effect until 11:59 p.m. on Priday, November 5,?A983.2t.XX{.
a.�cpcior. CerciEied
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7+ZcFLed 'ny Ceuncil: Date �CT v� � aa
OFFICE OF THE CITY ATTORNEY
blmureU. Cen nntrs. Ctry Artnmry
�'�,
CITY OF SAINT PAUL
Rm�dxC. Xell��, hlarns
Ci�•i! Divisinn
J00 Circ Hnll
IS tYrs! Ke!ingg Blyd
SairtrPnnl, blimreenrn SS10?
Teteplione: 657 ?66-3i10
Fntcimile: 6?/ ?93-S6f9
November 23, 2004
Mohammed Shams Eshmawy
East Lake Auto
2121 Universiry Avenue
Saint Paul, MN 55114
RE: Adverse Action a�ainst the Auto Repair Gara�e and Auto Body Shop Licenses held by
Mohammed Shams Eshmawy, d/b/a East Lake Auto for the premises located at 2121
University Avenue in Saint Paul
License LD # 20010005286
I7ear Mr. Eshmawy:
You have requested some additionat time to pay the two fines imposed by the City
Council under Council File # 04-100 and 04-966. Because the initial $1,000 of the fine was
imposed in February, and was due March 5, 2004, well over ten months ago, the Office of LIEP
is not willing to enter into any payment plan. The payment of $1,000 must be made to the Office
of LIEP no later than Friday, December 3, 2004.
The Office of LIEP is willing to enter into a payment plan for the remainder of [he fine
($1,000) that was imposed under Council File # 04-966 if the first fine is paid by December 3,
2004. You may contact Christine Rozek at (651) 266-9090 to make the ananoements for a
payment plan. No payment plan will be considered if the first fine of $1,000 is not paid by the
December 3, 2004 date.
Sincerely,
�,/„��,:,;7aGC��� l
�
Vir�inia . Palmer
Assistant City Attorney
cc: Christine Rozek, Deputy Airector of LIEP
AA-ADA-EEO Employer