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07-460Council File # �7—�(i (7 Green Sheet # �p� RESOLUTION ,� C{TY OF SAINT PAUL, MINNESOTA 2 4 5 6 7 WHEREAS, the licensee did not respond to the Notice of Intent to Deny License to contest the 8 allegations or submit informarion and schedule required inspections; and 9 10 WIIEREAS, the Notice of Intent to Deny License stated that if the licensee failed to contest the 11 allegations or submit information and schedule required inspections by May 7, 2007, that the matter would 12 be placed on the consent agenda to impose the recommended penalty; now, therefore, be it 13 14 RESOLVED, that the Auto Repair Garage license application submitted by Tran Le Hoang, d/b/a 15 D and N Auto Repair is hereby denied. 16 Requested by Depamnent of: BY: �,�. I / l �� Form�oved by Ci Attorney �/ By: ( G<nX.r.� Adopted by Council: Date //�iii 3�l/ � Adoption Certified by C uncil Secre Form Ap ved y1�a or r S �nis "on Council {� BY� .7�G/lS�i�/ By: ! Approved y or. Date S 1ff 0 By: WHEREAS, adverse action was taken against the Auto Repair Garage license application submitted by Tran Le Hoang, d/bia D and I�3 Auto Repair (License ID#20060003818) for the premises located at 519 University Avenue West in Saint Paul by Notice of Intent to Deny License dated Apri127, 2007, alleging licensee failed to submit information and schedule inspections required to complete the application process; and � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �7 Lp - License/fuspection/Environ Rot Contact Person & Phone: Rachel Gunderson 266-8710 Doc. Type: RESOLUTION E-0ocumeM Required: Y DocumentContact: JulieKreus Contad Phone: 266-8776 ,¢�,Y-0� I Green Sheet NO: 3039653 � ueoarunent �em i o verson 0 ice ectiodEnvirou Prot Assign 1 iceuse/Insnection/Environ Prot Deparnnent Director Number p �rypttornev For Routing 3 a or'sOBice Ma odASSistant �� 4 ounca I 5 ' perk CS Clerk ToWI # MSignature Pages _(Clip All Locations for Signature) Approval of the attached resolu6on to take adverse action against the Auto Repaiz Gazage license appiication submitted by Tran Le Hoang, d/b/a D and N Auto Repair (License ID#20060003818) for the premises located at 519 Universiry Avenue West in Saint Paul. iaanons: Hpprove �a� or ne�ea �rc�: rersona� sernce contracs musc Answer [ne ronowmg uuesnons: Planning Commission 1. Has this person/firm ever worked under a contract for this departmenY? CI8 Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this pefson�rm possess a skill not normally possessed by any current ciry employee? Yes No Euplain all yes answers on separate sheet and aHach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Licensee failed to submit information and schedule inspecrions required to complete the applicarion process. After notificarion, licensee did not respond to the Notice of Intent to Deny License. AdvanWges if Approved: License denial. DisadvanWges If Approved: None. Disadvantages If Not Approved: Transaction: Funding Source: Financial Information: (Explain) CostlRevenue Budgeted: Activity Number: � ,,� ��, ,a�e-�s.,.,a �� 3 �,3 LSPS3� May 14, 2007 2:04 PM Page 7 � �� (�� 0 7 - �0 OFFICE OF'i� CITY ATTORNEY Jo1m S. Choi, CityAttorney CITY OF St�INT PAIJL CiviZDivisson Clvistopher B. Colemm�, Mayor 400 City Ha11 IS WestKellogg Blvd Saint Paul, M'mnesota 55702 i Apri1, 27, 2007 NOTICE OF INTENT TO DENY LICENSE Tran Le Hoang D and N Auto Repair 519 University Avenue West, Ste. 105 St. Paul, MN 55103 Te7ephone: 651266-8770 F¢erimi7e: 651298-56I9 RE: Auto Repair Garage license applicaxion submitted by Tran Le Hoang, d!b/a D and N Auto Repair far the premises located at 519 Universiiy Avenue West, Ste. 105 in Saint Paul LicenseID #:20060003818 Dear Mr. Hoang: The Office of License, Inspections and Environmental Protection has recommended denial of the Auto Repair Gazage license application submitted by Tran Le Hoang, d/b/a D and N Auto Repair for the premises located at 519 University Avenue West, Ste. 105 in Saint Paul. The basis for the recommendation is as follows: On March 1, 2007, you were sent a 2n LICENSE APPLICATION NOTICE from the Office of License, Inspections and Environmental Protection (LIEP)/DSI stating that your license application was incomplete and required the following information to finish the application process: 1) a copy of your egecufed (signed) rental lease and/or assignment with the property owner as well as a letter of permission from the property owner to allow this type of business operation on the premises; 2) verifiable proof that the landlord stated on the submitted lease is the actual property owner or their designated representative; 3) you must obtain a zoning inspection approval from Jeff Hawluns, LIEP Inspector III-Zoning; 4) you must obtain City of Saint Paul I+�'re Prevention approval from Dave Bergraan in Fire Prevention. You were given until March 19, 200'7, to submit the requested information. As of today's date, that information has not been received. AA-ADA-EEO Employer D and N Auto Repair � r D� �� Apri127, 2007 Page 2 At this time, you have tliree opiions on how to proceed: You can submit the information requested. If this is your choice, please send it to the Office of License, Inspeciions and Environmental Protection/DSI at 8 Fourth Street East, Suite 200, St. Paut, Miunesota SS101-1002 no later than Monday, May 7, 2007. Information should be directed to the attenfion of Christine Rozek. Submission of the requested information will be considered to be a waiver of the hearing to which you aze entitled. 2. If you wish to haue a public hearing before the Saint Paul City Council, you will need to send me a letter with a statement admitting the facts and requesting a public hearing by May, 7, 2007. The matter will then be scheduled before the City Council for a public hearing to determine whether to deny your license. You will haue an opportunity to appeaz before the Council and make a statement on your own behalf. You may withdraw your license application. Send a written statement to that effect to the Office of License, Inspecfions and Environmental Protection/DSI, 8 Fourth Street East, Suite 200, St. Paul, Mivuesota 55101-1002 no later than Monday, May 7, 2007. Informarion should be directed to the attention of Christine Rozek. Any request for a refund of the license application fee must also be made in writing to the Office of LIEP. If you have not contacted me by that date, I will assume that you do not contest the denial of your license. If you haue questions about these options, please feel free to contact me at 266-8710. Sincerely, � �� Rachel Gunder irginia D. Palmer Assistant City Attorney ca Cluistine Rozek, Deputy D'uector of LIEP Tran Le Hoang, 515 Edmund Avenue, St. Paul, MN 55103 AA-ADA-EEO Employer STATE OF MINNESOT�' � � � ss. COUNTY OF RAMSEY ) �7-�c� AFFIDAVIT OF S��dICE BY U S MAIL Julie Kraus, being first duly sworn, deposes and says that on the 27�' day of April, she served the attached NOTICE OF INTEN'T TO DENY LICENSE by placing a true and correct copy thereof in an envelope addressed as follows: Tran Le Hoang D and N Auto Repair 519 University Avenue West, Ste. 105 St. Paul, MN 55103 Tran Le Hoang 515 Edmund Avenue St. Paul, MN 55103 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States maii at St. Paul, Minnesota. Julie Kraus Subscribed and sworn to before me this 27�' day of April, 2007 / '��t�� 1'.J/1 /./A i� Notary Public RITA M. BOSSARD NOTARY PUBLIC- MfNPiESOTA MY COMMtSS10N EXPIRES JAN 31, 201 0