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:
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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: ��
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,Second Hsnd Dealer - Motor Vehic{e Parts ;F.ctive ;License
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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. They had also put their trash
container into the alley.
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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
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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