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09-1102Council File # 09-1102 Green Sheet #� � RESOLUTION OF Presented by PAUL, MINNESOTA 5 g 2 � WHEREAS, adverse action was taken against all licenses held by Khoa Van Mac d/b/a MAC Auto Center (License ID#20020005904) for the premises located at 1007 Arcade Street in Saint Paul by Notice of Violation dated August 26, 2009, alleging that on August 5, 2009, during a re-inspection of the licensed premises, a DSI Inspector found violations to license conditions #1, #2, #3, #4, #6 and #12; and Wf�REAS, the licensee had been cited previously by DSI for some of the same license condition violations by a Notice of Violation sent June 17, 2009; and 9 WHEREAS, due to the fact that this is the second violation to license conditions within this year, 10 per Saint Paul L.egislative Code §310.05 (m) (1), the licensing office recommended a$1,000.00 matrix 11 penalty; and 12 13 WHEREAS, the licensee did respond to the Notice of Violation to request a public heazing which 14 was held on October 7, 2009; and now, therefore, be it 15 16 17 18 19 20 RESOLVED, that Khoa Van Mac d/b/a MAC Auto Center is hereby ordered to pay a matrix penalty of $1,000.00 for license condition violations cited by a DSI Inspector during a re-inspection on August 5, 2009. Payment of such penalty shall be made within thirty days of the date of the adoption of this resolution. 21 This resolution, and action taken above, is based upon facts contained in the August 26, 2009, 22 Notice of Violation sent to the licensee and the arguments made at the public heazing on October 7, 2009. 23 Requeste by Department of: � � �r�O�� � • -_:�.-r ` � _ � AdoptedbyCouncil: Date �cy ('Jr� �� Adopfi fied y o nci ecre[ �— By: � Approved y Date �� 1�j/(jG� ]� �/�� �_ BY: �, '�L�.��(�[�' Form A ed by City Attorney By: _� Y/ ' �_ Form A pr ve y or for Submis i n to Council By: L�� 09-1102 � � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � S � _ Dept. of Safety 8 Inspections i ry4 SEP 2009 i Contact Person & Phone: ' Rachel Tiemev 266-8710 �I Must Be on Councif ! 07-OCT-09 / Doc. Type: RESOLUTION .,� ; � i Assign � 2 Number i 3 For Routing 4 Order 5 by E-DocumerttRequired: Y Document Contaet: �ulie Kraus ConWct Phone: 26E8776 Green Sheet NO: 3079876 ToWI # of Signa P ages _(Clip A ll Lo fo S Action Requested: Approval of the attached resoluUOn to take adverse action against all licenses held by IChoa Van Mac d/b/a MAC Auto Center (License ID#20020005904) for the premises located at 1007 Arcade Street in Saint Paul. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civil Service Commission Personal Service Contracts Must Answer the Following Questions: 1. Has this person/firtn ever worked under a contract for this department? Yes No 2. Has this persoNfirtn ever been a city employee? Yes No 3. Does this persoNfirm possess a skill not normally possessed by any curtent city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): During a re-inspection on August S,1A09, a D5I Inspector found seveLal license condtions violarions. This is the second violarion to license conditions this yeaz. After no6ficarion, licensee requested a public hearing. AdvanWges If Approved; Imposition of $1,000.00 matrix penalty. DisadvanWges If Approved: Disadvantages If Not Approved: Tofal Amount of Trensaction: Funding Source: Financial lnformation: (Facplain) Cost/Revenue Budgeted: ACtiviiy Number: September 14, 2009 11:17 AM Page 1 o9-iioz OFFICE OF Tf� CITY ATTORNEY John Choi, CifyAttomey SwfNT P^°L CITY OF SAINT PAUL CivilDivis�an � Chnstopher B. Coleman, Mayo� 400 City Hall Telephone: 657 266-8710 15 West Keilogg Blvd. Facsimile: 651298-5679 AAAA Saint Paul, Minnesota 55102 September 14, 2009 NOTICE OF COUNCIL HEARING Khoa Van Mac MAC Auto Center 1007 Arcade Street St. Paul, MN 55106 RE: All licenses held by Khoa Van Mac d/6/a MAC Auto Center for the premises located at 1007 Arcade Street in Saint Paul License ID #:20020005904 Dear Mr. Van Mac: Please take nofice that this matter has been set on the Public Hearing Agenda for the Ciry Council meeting scheduled fox Wednesday, October 7, 2009, at 5:30 p.m., in the City Council Chambers, Third Floor, Saint Paul City Hall and Ramsey County Courthouse. Enclosed aze copies of the proposed resolurion and other documents which wi11 be presented to the City Council for their consideration. This is an uncontested matter concerning that fact that on August 5, 2009, a DSI Inspector came to re-inspect your establishment and found several iicense condition violations. This matter has been placed on the public hearing agenda portion of the City Council meeting during which public discussion is allowed. Due tn the fact that this is the second violafion to your license conditions within this yeaz, per Saint Paul Legislative Code §310.05 (m) (1) the licensing office will recommend a$1,000.00 matrix penalty. If there is anv information vou would like Citv Council to review urior to the aublic hearin i Wil1 need to receive it no later than Fridav. Seotember 25 2009 Very truly yours, �I�,�� ��.�-- Rachel Tierney/Virginia D. Palmer Assistant City Attorney cc: Chrisune Rozek, Deputy Director of DSI Mary Erickson, Council Secretary Khoa Van Mac, 13112 Highpoint Curve, Bumsville, MN 55337 Ms. I.eslie McMurray, Exec. Director, Payne Phalen District 5 Planning Council 506 Kenny Road, Ste. 130, St. Paul, MN 55130 Affirmative Action Equal Opportunity Employer STATE OF MINNESOTA) ) ss. COUNTY OF RAMSEY ) 09-1102 AFFIDAVIT OF SERVICE BY U.S. MAIL Julie Kraus, being first duly swom, deposes and says that on the � day of September, she served the attached NOTICE OF COUNCIL HEARING by placing a true and correct copy thereof in an envelope addressed as follows: Khoa Van Mac MAC Auto Center 1007 Arcade Street St. Paul, MN 55106 Khoa Van Mac 13112 Highpoint Curve Burnsville, MN 55337 Ms. Leslie McMunay, Exec. Director Payne Phalen District 5 Planning Council 506 Kenny Road, 5te. 130 St. Paul, MN 55130 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. � 0 J ie Kraus Subscribed and sworn to before me this �`�� day of September, 2009 �� �� �= �,�-r,�.�� Notary Public ��....� Lv � � �. �;sen;�arieJanisch-Wamer h'�3T4ttY Rll�(,{�; . �yINNE�R � � : s A'�° �4A8M1SS10� '�` �X�6R�SJ�k.3f,2012 ` °m"` _ ,�:��:�Q� UNCONTESTED LICENSE MATTER Licensee Name: Address: Council Date: MAC Auto Center 1007 Arcade Street St. Paul, MN 55106 Wednesday, October 7, 2009 @ 5:30 p.m. 09-1102 Violation: A DSI Inspector found several license condition violations during a re-inspection of the license premises. This is the second violation of license conditions within this year. Date of Violation: August 5, 2009 Recommendation oF Assistant City Attorney on behalf of client, Department of Safety and Inspections: $1,000.00 matru� penalty Attachments: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Proposed resolution License Group Comments Text from ECLIPS dated 8/13/09 License Group Conditions Text from ECLIPS dated 8126/09 Notice of Violation and �davit of Service dated 6/17/09 Electronic mail from Ellen Speak showing �ne paid dated 7/13/09 Electronic mail from Kristina Schweinler to Christine Rozek dated 8/5/09 Copies of photographs dated 8/5/09 Notice of Violation and Af�davit of Service dated 8126f09 Letter from licensee requesting a public hearing dated 9/8/09 Saint Paul Legislative Code §310.05 (m) (1) Lir,ense Group Comments Text L,.:ensee: KHOA VAN MAC �BA� MAC AUTO CENTER License #: 20020005904 �9-11 �Z 08/13/2009 08/'13/2009 To CAO for adverse action based on inspectors comments and pictures taken on 08/05/2009. Continued vi0lations of license conditions t) Vehicles are stored outdoors with pads missing (condition #2), vehicle parts, such as tires, are stored outdoors (c�andit}on #4); in addition, maneuvenng space is not avaitabVe. $1000 matrix penaNy for a second violation, and licensee must come into compha�ce with afi license condi4ons CAR 08/OS/2009 E mail from Inspector Kris Schweinler: Christine, I re-inspected Mac Auto Center after the fine had 6een paid. I took picture of the violahons that stift ezlst on Aug. 5, 20�9. They had at a rough count 50 tires scattered around the property. Inoperable vehides and parts from other vehicles scattered amund. The alley had cars parked I was told that someone said they could but he didn't know the name or who owned the property. They had also put their trash container into the alley 08/05/2009 inspection shows many violations KS 07/'13/2009 $500.00 rcvd for fine. ES - 06/17/2009 Notice of Violation from CAO for ticense condition violation. $500 penalty. Given to 06/29/2009 to respond GAR OS/'19/2009 To CAO for adverse action for uncorreded violation of license condRions#2(inoperabie vehicles) and #4(outdoor storage) 5500 matrix penalty for condition violations. DSI is asking for the fine and correction of ail violations. CAR 05/05/2009 I did a re-inspection of the above address on 05/OS/2009. They had been notifed that they had until 04/30/2009 to bring the licensed property into compliance with the condition. On O5/OS/2009 I took picture of various violations such as tires and car pads being stored outside, inoperable car wdh ma�or body parts missing Car pads and toois outsitle, the dumpster full and cover open The tire displays are not mobil so they are not take� m at night I did speak to a coupie of employees but they did not appear to understand what I was talkmg about They did start to take car parts out of the back end of a red tmck while I was there. KS 04/13/09 drive by inspection show no drive lane in lot, working on car in lot and tresh overflowing onto ground from dumpster Bigger mess than first inspection.KS 4/7/09 letter sent to clean up by 4/30/09KS 3/27/09 mspected on a complaint pic.taken Doors locked at time of visit KS 4l22f08 in comp. KS 3/27/08 took pictures of cars with missing parts and car parts and garbage.KS 3/N/OS gave verbal orders to clean up lot. More than 30 tires stored out doors cars with parts missing and car parts stored outdoors.KS OV03/2007 Council Resolution 07-06 approved the issuance of a Second Hand Dealer - Motor Vehicle Parts license to Khoa Van Mac RS 11/14/2006 Received signed conditions affidavit RS 10/3 V2006 Legislahve hearing held 10'00 am, Room 330, City Hall. RS 10/77/2006� Per Fire Prevention inspection, did not find any tires being stored outside, however tires are being stored inside of body shop as part of new tire sales business now located in west end of shop. 10/16/2006� Per JJH inspection, observed pile of tires and treiier full of tires on north side of lot. Will call Khoa Mac and order them removed. JWF 10/10/2006: Per JJH inspection, almost ail tires removed WiII recheck for compliance. No vehicles assoaated with business m neighbonng parkmg lot or alley at time of inspection 10/02/2006� JJH inspected site to verify progress for compliance by 10-6-06, and reaffirmed written orders with verbal orders Additionally, ordered to remove vehicle in disrepair. 09/22/2006: Follow-up orders issued by JJH to remove outdoor storege, and discontinue sale of used tires unttl proper City license obtamed. JWF 09/14/2006 Notification sent, response date 10/20/2006; 65M and 31EM gb OS/22/2006: Application received for Second Hand Dealer-Motor Vehicle Parts License JWF 08/15/2006� Zoning orders issued to remove outdoor storage, and obtain second hand dealer-morot vehicle parts license for sale of used tires. JWF 09f0812004 Adopted Resolution - 04-865 - Memorializmg City Covnal action take� August 4, 2004 denying the appeaf of Mac Khoa [o a decision ofi the Planning Commission denying enlargement of a nonconforming use permit to ailow outdoor auto sales at 1007 Arcade Street. 07/02/2004 Commission voted to deny the request. �6l24/2�04 Saint Paul's P(anning Commission's Zoamg Committee held publlc heariag 04/23/2004 App rcvd for request to enlarge Nonconforming Use PermR to allow outdoor sales at 1007 Arcade. 02/03/2003 Have received no objections against this auto repav garage and auto body repaidpamting shop license by notification date per Maraa Moermond / license approved. caa 12/26/2002 Notification response date 01l31/2003, notices mailed 12/26/2002, 71 M& 34EM. caa Address Licensee � Corrtaet � License �. Cardholder � Licensee Name: HOA VAN MAC DBA: MAC AL1T0 CENTER Sales Tax Id: �� Find Now O}{ CAI�G�� NeW SeaYCYI Hetp �a; � Neav �ro� �d�Y Ter�p"�rp Copy �roup, Ai�d Licsn�r� :� Propert��a� � _���� �,.;I �r� #_ 1=uG�r��� ��..1.. , j: �ae� ,,:,. 1. u�e �� .. .. - -_ ...,.____,.. _._.. .__ .... — -�— - ,Second Hsnd Dealer - Motor Vehic{e Parts ;F.ctive ;License ___�.,_____------. __...�__.____. __._ _...w._,.._._...._ ,.__ Auto Body RepairlPair�ting Shop Active �License Auto Body Repair Shop 'JVithdrawi12N9C10 License � Licensee � Lic. Types � Insurance � Property � Licensee fi Unofficisi Street #: 007 StreetName: fCRDE - - Street Type: ST , Direction: r Unit Ind: r� Unit #: �— City: T PAIJL State: _AN � Zip: 55106 dt+ard: � 6rawse. Dist Council: �5 Licensee: HOA VAN MAC DBA: AC AUTO CENTER __...__,.___.._., _ _ ..__. ..._. __.....__m,._...___„ . Sales Tax Id: 899378 Bus Phone: 6S1 j 793-404� � Bond � Requirements � Project Facilitator: ASUNCI6N, CORINNE � Adverse Action Commerrts � License Group Commerrts: 8M 3i�009 To CAO for ad�erse action based o� nspector's commerrts and pictures taken on OS/OSt2009. orrtinued violatians of license conditions : 4} Vehicfes re stored outdoors with parts missing (condflion #2); ehicle,parts such_astires, are.slored outdoors Licensee Commer�s: .icense-��+pe � CYess':; ::E���cti+re .': E�piration Conel�dns License Fee; 4uto Body Repair Shop N i 021D172003 ; 02AJ1l20D4 � N $317.00i . - - ...__. ..._ _._ ._ _ _ _. _w.. - - _ _ . .. . . ._ �..- �uto Body RepairrPairrting Shop N i 02A11l2003 ' 02N1 t2010 : N $431 AO - - - _ . _. .. _ . _._.._. ,. - -- �econd Hand Dealer - Motor Vehicie PartN 10M 612006 ? �2A]1I�1010 N $431.�0 Lic�nse i# Changes to History ��! ��nc�l: , Help. License Licensee � Lic. Types � Insurance � @ond � Requiremerds � Licensee Name: DBA: Sales Tax Id: AA Carrtract Rec'd: �.A Fee Collected: 4ther Firsf HOA VAN MAC AC AUTO CENTER 399378 Non-Profit: � �torker's Comp: O�UONDO� ]NON0 AA Training Rec'd: 0�0�0�0 ]NONDO� Discourrt Rec'd: r 5rc�nre... Properties... ucenses Financial Hold Reasans —_ >ing Agency Name / License Type License � Expiratian Reason �,cti•re Date this Licensee Mail License Ta: — Tit(e ' 6us. PYior�e ' 1-1qme Phone :. Cw�fact Addrsss .. �' Mail To Comact OVMIER ;(651) 793-4040 (651) 290-9554i890 PALACE AVE jST PAU {^ �icense Rddres� ���! �., �� � "?,;::�� �s „� ;?'�`�s ; �; � Backgraund Check Required �` � �p�� p ._; �� Lie�er�s� a� 20�059�4 Save Changes to History � Mail Invoice To: --- � Mail 7o Corrtad ��;,h� �"` License Addres; � ' _H�� s. Licer,se Group Conditions Te# Licensee: KHOA VAN MAC �BA� MAC A0T0 CENTER License #: 20020005904 09-1102 oaizsizoos 7. All customer and employee vehicles must be parked in the area designated on the site plan for this business. No business related parking on the street or public right-of-way or in the lots of neighboring businesses without review by LIEP and submittal of a shared parking agreement to LIEP. 2. All vehicies parked outdoors must appear to be completely assembled with no major body parts missing. 3. Vehicle salvage is not permitted. 4. Vehicle parts, oil or similar Rems will not be stored outdoors. Trash will be stored in a covered dumpster. 5. No repair of vehicles is aflowed on the lot. A9 repair work must be tlone inside the shop. 6. Provide maneuvering space on the property to allow vehicles entering and ewting the site to proceed forward. Backing from the street or on to ihe street is prohi6ited. 7. No vehicle sales allowed. 8. Customer vehicles may not be parked longer than 10 days on the premises. 9. Licensee must comply with all federal, state and locai laws. 10. The mvdmum number of vehicles, parked outdoors, in ihe lot cannot exceed seventeen (17); one space shall be designated and marked for Handicap parking. 11. Paint parking spaces at ihe site, according to the approvetl site plan on file with LIEP. 12. Afl Gres must be brought inside the butlding at night. Outdoor display of tires on the lot is permitted during business hours only and is limited to a marimum of 30 tires. 13. Second Hand Motor Vehicles Parts license is limited to the safe of tires oniy. 09-1102 OFFICE OF THE CITY ATT'ORNEY John J. Choi, CityAnomey sw�Nr PAUL � Al1AA CITY OF SAINT PAUL ChnstopherB. Coleman, Mayor Civii Division 400 City Hall 75 West Kellogg 8lvd. Sainf PaW, Minnesota 55702 Telepbone: 651 266�877 0 Facsimile: 657 298-5679 June 17, 2009 Khoa Van Mac MAC Auto Center 1007 Arcade Street St. Paul, MN 55106 NOTICE OF VYOLATION RE: All ]icenses held by Khoa Van Mac d/b/a MAC Auto Center for the premises located at 1007 Arcade Street in Saint Pau] License ID #:20020005904 Dear Mr. Van Mac: The Department of Safety and Inspections (DSn has recommended adverse action against a11 licenses held by Khoa Van Mac d/b/a MAC Auto Center for the premises located at 1007 Arcade Street in Saint Paut. The basis for the recommendation is as fo]]ows: On April 7, 2009, you were sent a letter from the Departtnent of Safety and Inspections regarding license condition violations found at your establishment during an inspection on March 27, 2009: 1. There were cars that appeared to have major body parts missing. There were also cars stored outdoors in violation of license condition #2 which states: '°Atl vehicles parked outdoor must appeal to be completely assembled with no major body parts missing." 2. The inspector took photographs that show vehicle parts and trash on the ground in violation of license condition #4 which states: °'Vehicle pans, oil or similar items wiU not be stored autdoors. Trash will be stored in a covered dumpster." 3. The inspector found rags and oil contained on the ground to appeared to have been used to repair a vehide outside in violation of license condition #5 which states: °`�Vo repair of vehicles is alZowed o the lot. All repair work must be done inside the shop." 4. The business was not open at the time of the inspection and there were more than thirty (30) tires outside in violation of license condition #12 which states: "All tires must be brought inside the building at night. putdoor displ¢y af tires on the lot is permiKed during business hours only and is limited to a maximum of 30 tires." 09-1102 MAC Auto Center June 17, 2009 Page 2 You were given unti] April 30, 2009 to bring your licensed premises into compliance. On May 5, 2009 the DSI Inspector retumed for a re-inspection and found several license condirion vioIations: 1) tires and caz parts being stored ouuide in violaUOn of iicense condition #4; 2) inoperable car with major body parts missing in violation of license condition #2; 3) car parts and tools outside and dumpster full with cover open in violation of license condirion #4; and 4) tire displays are not mobile so they are not being taken in at night in violarion of license condition #12. Due to the fact that after an inspection, you continue to be in violation of your license conditions, per St. Paul L,egslativeCode §310.05 (m) (1) the licensing office will recommend a$500.00 matrix penalty. At this ume you have three options on how to proceed: You can pay the $500.00 matrix penalty. If this is your choice, you shou]d send the payment directly to the Department of Safety and Inspections, at 375 Jackson Street, Ste. 22Q St. Paul, Minnesota 55101-1806 no later than Monday, June 29, 2009. Informatian should be directed to the attendon of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the $500.00 matrix penatty will be considered to be a waiver of the hearing to which you aze enUtled. 2. If you wish to admit the facts but contest the penalty, you may have a public hearing before the Saint Paul City Council, you wil] need ro send me a letter with a statement admitting the facts and requesting a pubiic hearing. We will need to receive your letter by Monday, June 29, 2009. The matter will then be scheduled before the City Counci] for a public hearing to determine whether to impose che $500.00 matrix penalty. You wi11 have an opportunity to appear before the Council and make a siatement on your own behalf. If you dispute the above facts, you can request a hearing before an AdministraUve Law Judge. At that hearing both you and the City will be able to appeaz and present witnesses, evidence and cross-examine each other's witnesses. The St. Pau] City Council wil] ultimately decide the case. If this is your choice, please advise me no later than Monday, June 29, 2009, and I will take the necessary steps to schedule the administrative hearing. If you have not contacted me by that date, I will assume that you do not contest the imposition of the $500.00 matrix Qenalty. In that case, the matter will be placed on the City Council Consent Agenda for approval of the recommended penalty. If you have any questions, feel free to contact me at 266-8770. Sincerely, �� T�.� Rache] Terney Assistant City Attomey cc: Chrispne Rozek, Deputy Director of DSI Khoa Van Mac, 890 Palace Avenue, St. Paul, MN 55102 Ms. Leslie McMurray, Exec. Director, Payne Phalen Disu 5 Planning Council 506 Kenny Road, Ste. ] 30, St. Paul, MN 55130 STATE OF MINNESOT! 09-1102 , ss. AFFIDAVIT OF SE�_ . ICE BY U S MAIL COUNTY OF RAMSEY ) Julie Kraus, being first duly sworn, deposes and says that on the � F � day of June, she served the attached NOTICE OF VIOLATION placing a true and correct copy thereof in an envelope addressed as follows: Khoa Van Mac MAC Auto �enter 1007 Arcade 5treet St. Paul, MN 55106 Khoa Van Mac 890 Palace Avenue St. Paul, MN 55102 Ms. L,eslie McMurray, Exec. Director Payne Phalen District 5 Planning Council 506 Kenny Road, Ste. 130 St. Paul, MN 55130 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mail at St. Paul, Minnesota. � �F�� �� � ��.� Julie �raus Subscribed and swom to before me this _�/�_� of June, 2009 � � Notary Public Rl7A NA. BOSSARD NDTARY PUBLIC. MIMFSOIA k'V COMAlSSiqm DCPIRES JHfd. 31, 20 t 6 (7/13f2009 Julie Kraus - Fine Paid From: Ellen Speak To: Fuller, Margaret; Julie Kraus; Date: 7/13/2009 7:52 AM Subject: Fine Paid 09 _ — � s ° �LO � Page 1 j Rozek, Christine; Schweinler, Kristina... $500.00 rcvd from Khoa Van Mac dba Mac Auto Center - 1007 Arcade St. Ellen Speak Building Permit Clerk City of St PauIJDSI 651-266-9059 eilen.speak@ci.stpaui.mn. us (8/5/2009) Christine Rozek - 1007 Arcade From: Kristina Schweinler To: Rozek, Christine Date: 8/5(2009 5:03 PM Sub}ect: 10�7 Arcade -- - - ----=—$9-1�02--Page 1 Christine, I re-inspeded Mac Auto Center after the fine had been paid. I took pidure of the violations that still exist on Aug. S, 2009. They had at a rough count 50 tires scattered around the property. Inoperable vehicles and parts from other vehicles scattered around. The atley had cars parked. I was told that someone said they couid but he didn't know the name or who owned the property. 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Q � , �'��,'ri::��a _c� ,� ", ��^ r,�; �, �a°<, f ,� " ' ';�, ' � 09-1102 OFEICE OF TF� CITY ATTORNEY John J. Choi, Cityqttomey SA(NT PAUL � ANIIA CITY OF SAINT PAUL Chnstopher8. Coleman, Mayor Cihl Division aoo Ciry rfau 15 West Keilogg Blvd. Saint Paui, M"mnesota SSi02 Telephone: 651 266-87 7 0 Facsimrfe: 657 298-5679 August 26, 2009 Khoa Van Mac MAC Auto Center 1007 Arcade Street St. Paul, MN 55106 NOTICE OF VIOLATION RE: All licenses held by Khoa Van Mac d/b/a MAC Auto Center for the premises located at 1007 Arcade Street in Saint Paul License ID #:20020005904 Dear Mr. Van Mac: The Department of Safety and Inspections (DSn has recommended adverse acrion against ail ]icenses held by Khoa Van Mac dlbla MAC Auto Center for the premises ]ocated at 1007 Arcade Street in Saint Paul. The basis for the recommendation is as follows: On August 5, 2009, at appro�mately 5:00 p.m., a DSI Inspector came to your establishment for a re-inspection and found several license condition violations: 1) There were approximately 43 tires scattered around the property in violation of license condition #12 which states: ��All tires must be brought in side the building at nighG Outdoor display of tires on the lot is permitted during business hours only ¢nd is limited to a maximum of 30 Kres." 2) Evidence of inoperable vehicles and parts of other vehicles scattered around the property in violation of license conditions #2 which states: "AZI vehicles parked outdoors must appeal to be completely assembled with no major body parts missing.'; Iicense condition #3 which states: "Vehicle salvage is not pernziKed." and license condition #4 which states: °°Vehicle parts, oil or similar items will not be stored outdoors...." 3) Cars were parked in the alley in violation of license condition #1 which states:'°All and empioyee vehictes must be parked in the area designated on the site plan for this business. No business related parking on the street or public right-of-way or in Zots of neighboring businesses without review by I,ZEP and submittal of a shared p¢rking agreerreent to LIEP." 4) Cars were parked on the lot blocking the entrance and/or exit in violation of license condition #6 which states: °`Provide maneuvering space on the property to allow vehicles entering and exiting the site to proceed forward. Backing from the street or onto the street is prohibited. " rJi 09-1102 MAC Auto Center August 26, 2009 Page 2 This is the second violation to your license conditions within the year, therefore, per St. Pau] Legislative Code §310.05 (m) (1) the licensing o�ce will recommend a$1,000.00 matrix penalty. At this time you have three opUons on how to proceed: You can pay the $1,000.00 mahix penalty. If this is your choice, you should send the payment d'uectly to the Department of Safety and Inspections, at 375 7ackson SVeet, Ste. 220, St. Paul, Minnesota 55101-1806 no later than Tuesday, September 8, 2009. Information should be directed to the attention of Christine Rozek. A self-addressed envelope is enclosed for your convenience. Payment of the $1,000.00 matrix penalty will be considered to be a waiver of the hearing to which you aze entitled. 2. If you wish to admit the facts but contest the penalty, you may have a public hearing before the Saint Paul City Council, you wil] need to send me a letter with a statement admitting the facts and requesting a public hearing. We will need to receive your le[ter by Tuesday, September 8, 2009. The matter will then be scheduled before the City Council for a public hearing to deternvne whether to impose the $ I,000.00 matrix penalty. You will have an opportunity to appeaz before the Council and make a statement on your own behalf. 3. If you dispute the above facts, you can request a hearing before an Administrative Law Judge. At that hearing both you and the City will be able to appeaz and present witnesses, evidence and cross-examine each other's wimesses. The St. Paul City Council will nitimately decide the case. If this is your choice, please advise me no later than Tuesday, September S, 2009, and I will take the necessary steps to schedule the adminisuative hearing. If you have not contacted me by that date, I will assume that you do not contest the imposition of the $1,000.00 matrix penalty. In that case, the matter will be placed on the City Council Consent Agenda for approval of the recommended penalty. If you have any questions, feel free to contact me at 266-8710. Sincerely, '� c�..i,�� ��'t-�. � ( �k—� Rachei Tiemey Assistant City Attorney cc: Christine Rozek, Deputy Director of DSI Khoa Van Mac, 890 Palace Avenue, St. Paul, MN 55102 Ms. Leslie McMurray, Exec. Director, Payne Phalen District 5 Planning Council 506 Kenny Road, Ste. 130, SL Pau1, MN 55130 STATE OF MINNESOT � ' , ss. COUNTY OF RAMSEY ) 09-1102 AFFIDAVIT OF SE�_ i ICE SY U.S. MAIL 3ulie Kraus, being first duly sworra, deposes and says that on the c� b�� day of August, she served the attached N01TCE OF VIOLATION by placing a true and correct copy thereof in an envelope addressed as follows: Khoa Van Mac MAC Auto Center 1007 Arcade Street St. Paul, MN 55106 Khoa Van Mac 890 Palace Avenue St. Paul, MN 55102 Ms. I.eslie McMurray, Exec. Director Payne Phalen District 5 Planning Council 506 Kenny Road, Ste. 130 St. Paul, MN 55130 (which is the last known address of said person) depositing the same, with postage prepaid, in the United States mai] at St. Paul, Minnesota. e �' ° I Julie aus Subscribed and sworn to before me this �G _�day of August, 2009 �� � ,�h�2 Notary Public RITA M. BOSSARD NDTARY PUOLIC • CAINTESOTA MV COMMISSION EXPIRESJAN 31,2010 09-1102 ��� %��,ti`�t 1��.�. 1�� ���.. io�� ����. �f ���i � � M�✓ ���.� �� �'�� � ��� � e���"� I�;�n"F,�v� ' � �� � Tl�(. ��,� ( �,...c,, �i �° � r� 2 ���� �i� Ra�,� i ;��� � � �,�" �,�� � �' �i�� (� 1Fs���, �o o� � �� ��� �� �x��� ����� ��� o � ���� , �._. S � ��� ���- ��,,,,,� , ser � � �2�,� , ��`�Q-�w1"L � c"� v>o.� � /� 1 f 2 ��� � ��,h���� , �� ���� � w,�i�, �i�-���� �� _ � ��,�� �'�� '� � � ����� � �n �� � ��d ��� ���=�� , � �, �-,���,� �,�,,.,`� _ � �"'" L'� _ ��� ��- �G�� �� ti��� ��,°� r' �� /����/ � Chapter 310. Uniform License Procedures 09-�OZ of 3 m) Presumptive penalties for certain violations. The purpose of this section is to establish a standard by which the city council determines the amount of fines, the length of license suspensions and the propriety of revocations, and shall apply to all license types, except that in the case of a violation involving a liquor license § 409.26 shall apply where a specific violation is listed. in the case of an adverse action filed for a violation of chapter 331A, the licensee shall be given a fine for each individual violation of § 331A. The total fine amount for violations of § 33tA may exceed the maximum fine outlined below due to multiple violations in one (1) appearance. Ali penalty recommendations for chapter 331A violations shail be based on the food penalty guideline referred to in chapter 331A. These penaities are presumed to be appropriate for every case; however the council may deviate therefrom in an individual case where the council tinds and determines that there exist substantiai and compelling reasons making it more appropriate to do so. When deviating from these standards, the council shall provide written reasons that specify why the penalty selected was more appropriate. TABLEINSET: Appearance Type of Violation ist 2nd 3rd 4th (i ) Violations of conditions $500.00 fine $1,000.0� $2,000.00 fine Revocation piaced on the license fine and 10-day suspension (2) Violation of provisions of $500.00 fine $2,000.00 fine the legislative code relating $1,000.00 and 1�-day Revocation to the licensed activity fine suspension (3) Violation of provisions of the legislative code relating $2,000.00 fine to the licensed activity, $500.00 fine $1,000.00 and 10-day Revocation other than violations of the fine suspension food code (4) Failure to permit 5-day 10-day �5-day Revocation entrance or inspection by suspension suspension suspension DSI inspector or police (5) Commission of a crime other than a felony on the $700.00 $1,500.00 5-day Revocation premises by a licensee or suspension employee (6) Commission of a felony on the premises by a $2,000.00 Revocation n/a n/a iicensee or employee (7) Death or great bodiiy 30-day 60-day harm in establishment suspension suspension Revocation n/a related to violation of law or license conditions (8) Failure to pay license Revocation fees (9} Criticaf viofations under $1,000.00, 5- Revocation 331A $250.00 $500.00 day suspension (10) Non-critical violation $150.00 $250.00 $500.00 $1,000.00 under 331A (i) Fines payable without hearing . http://library4.municode.com/4472/DocView/1 006 1 /1 /3 1 8/3 1 9?hilite=310 O5; 7/9/2009 Chapter 310. Uniform License Procedures ��:�.: ��, A. Notwithstanding the provisions of section 310.05(c), a licensee who would be making a first or second appearance before the council may elect to pay the fine to the Department of Safety and fnspections without a council hearing, unless the notice of violation has indicated that a hearing is required because of circumstances which may warrant deviation from the presumptive fine amount. Payment of the recommended fine will be considered to be a waiver of the hearing to which the licensee is entitled, and will be considered an "appearance" for the purpose of determining presumptive penalties for subsequent violations. B. For adverse action initiated under Chapter 331A of this Code, a fine may be paid without a hearing regardless of how many prior appearances that licensee has made before the Council. The above council hearing requirement applies to vioiations under Chapter 331A unless the fine recommended by the Department of Safety and Inspections is equal to or less than the fine amount outiined in the above matrix. Payment of the recommended fine will be considered to be a waiver of the hearing to which the licensee is entitled, and will be considered an "appearance" for the purpose of determining presumptive penalties for subsequent violations. A non-critical violation under chapter 331A shall not be considered an "appearance" for purposes of determining presumptive penalties for non-331A violations. A council hearing is required if the Department of Safery and Inspections recommends a fine that is an upward departure for the amount outlined above. (ii) Multiple violations. At a licensee's first appearance before the city council, the council shall consider and act upon all the violations that have been alleged and/or incorporated in the notices sent to the licensee under the administrative procedures act up to and including the formal notice of hearing. The council in that case shall consider the presumptive penalty for each such violation under the "ist Appearance" column in paragraph (b) above. The occurrence of multiple violations shall be grounds for departure from such penaities in the council's discretion. (iii) Violations occurring after the date of the notice of hearing. Violations occurring after the date of the notice of hearing ihat are brought to the attention of the city attorney prior to the hearing date before an administrative law judge (or before the council in an uncontested facts hearing) may be added to the notice(s) by stipulation if the licensee admits to the facts, and shall in that case be treated as though part of the "1st Appearance." In afl other cases, violations occurring after the date of the formal notice of hearing shall be the subject of a separate proceeding and dealt with as a"2nd Appearance" before the council. The same procedures shalf appfy to a second, third or fourth appearance before 4he council. (iv) Subsequent appearances. Upon a second, third or fourth appearance before the council by a particular licensee, the council shail impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. However, non-critical violations of Chapter 331A shall not be counted as an "appearance" before the Council in relation to any violation other than another violation of Chapter 331A. (v) Computation of time. (1) If a licensee appears before the council for any violation in paragraph (m) where that violation has occurred within twelve (12) calendar months after the first appearance of the same licensee for a violation listed in paragraph (m) above or section 409.26, the current appearance shall be treated as a second appearance for the purpose of determining the presumptive penalty. (2) If a licensee has appeared before the council on two (2) previous occasions http://library4.municode.com/4472/DocView/1 006 1/1/3 1 8/3 1 9?hllite=310 O5; 7/9/2009 Chapter 31�. Uniform License Procedures O��lel0�f 3 for violations listed in paragraph (m) or section 409.26, and if said licensee again appears before the councii for a violation listed in paragraph (m), and if the current violation occurs within eighteen (18) calendar months of the violation that gave rise to the first appearance before the council, then the current appearance shall be treated as a third appearance for the purpose of determining presumptive penalty. (3) If a licensee has appeared 6etore the council on three (3} previous occasions, each for violations listed in paragraph (m) or section 409.26, and if said licensee again appears before the council for a violation contained in paragraph (m), and if the current violation occurred within twenty-four (24) calendar months of the violation that gave rise to the first appearance, then the current appearance shali be treated as a fourth appearance for the purpose of determining the presumptive penalty. (4) Any appearance not covered by subsections {i), (2) or (3) above shall be treated as a first appearance. In case of multiple violations in any appearance, the date to be used to measure whether iwelve (12), eighteen (18), or twenty-four (24) months have efapsed shail be the date of the violation last in time at the first appearance, and the date of the violation first in time at any subsequent appearance. (5) Notwithstanding subsections (iv)(1), (2), (3) or (4) above, a second appearance before the council regarding a death or great bodily harm in a licensed establishment that is related to a violation of the law or license conditions shall be counted as a second appearance, regardless of how much time has passed since the first appearance if the first appearance was also regarding a death or great bodily harm in a licensed establishment. A third appearance for the same shall be counted as a third appearance regardless of how much time has passed since the first or second appearance. (Code 1956, § 510.05; Ord. No. 17551, § 2, 4-19-88; Ord. No. 17559, §§ 1, 2, 5-17-88; Ord. No. 17659, § 1, 6-13-89; Ord. No. 17911, § 1, 3-10-92; C.F. No. 94-46, § 7, 2-2-94; C.F. No. 94-898, §§ 2, 3, 7-13- 94; C.F. No. 94-1340, § 2, 10-19-94; C.F. No. 95-473, § 4, 5-31-95; C.F. No. 05-180, § 1, 4-6-05; C.F. No. 06-954, § 1, 11-8-06; C.F. No. 06-1072, § 1, 12-27-06; C.F. No. 07-149, § 73, 3-28-07; C.F. No. 07- 1053, § 1, 11-28-07; C.F, No. 08-1208, § 1, 12-17-08) http:/Qibrary4.municode.com/4472/DocView/1 006 1 /1 /3 1 8/3 1 9?hilite=310 O5: 7/9/2009 �.�`�.-r' S Y� U�t �� c�Z PAYI�i� F'HALEI`I DISTRICT FIVE STRONG � P L A 1`I 1`I I 1`I G SAFE �' WELCOMING COUI`ICI L � CONPtECTED �°j°,��°'� NEIGHBORHOODS October 7, 2009 Council President Kathy Lantry Members of the Ciry Council City Council Chambers, 3` Floor 15 West Kellogg, Saint Paul, MN 55102 Re: All licenses held byKhoa Van Mac d/b/a MAC Auto Center for the premises located at 1007 Arcade Street in Saint Paul, License ID# 200200005904 Dear Council President Lantry and Members of the City Council: The Payne Phalen Board of Directors at its September 22, 2009 Board Director meeting voted unanimously in support of full enforcement of the penalty matrix for license violations occurring at 1007 Arcade. This meeting supported its CPED Committee's position that strong enforcement action was necessitated by license violations at 1007 Arcade In the weeks since the License Violation letter was received, the neaghborhood witnessed and endured a range of nuisance behaviors, including the basiness staff drinldng on the public sidewalks, graffiti not removed on signage, noise complaints and non-business acfivity spilling into the neighborhood. The costs to neighborhood businesses and to the residential neighborhoods which support them aze high when businesses fail to fulfill their agreed upon license conditions. The District Five Planning Council recommends that the penalty matrix be fully enforced. Sincerel �� �� � Leshe McMurray ` (� . J Executive Director / Organizer CC: Board of Directors 506 K�NHY ROAO, SU[TE 130, SAINT PAU�., MINNESOTA 55130-4554 TH[. # (65 1 ) 774-5234 � Fax # (651 ) 774-9745 E-MAIL: DISTRICT5@PAYNEPHAI.EN.ORG WWW.PAYNEPHALEN.ORG