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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� vJ �i 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 8;.; � A�].^�JV�u� ��. .d i:�. EJ: vL 2eques:ed b� oepartmenr o:: 8r `./�d/� 'Y! / "'!d �-� ty Ci`.y ?ttoraey c�'_ =�o F57< P.62i^ � Councii Fiiz m ' ���. G:eea Shcr. : � .aaaa�a 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