10-143Council File # a�
Green Sheet # � �,�a�(j;
RESOLUTION
OF
Presented by
1 WI�REAS, adverse action was taken against all licenses held by Khoa Van Mac dfb/a Mac Auto Center
2(License ID#20020Q05904) for the premises located at 1007 Arcade Street in Saint Paul by Notice of Violation
3 dated Augusi 2b, 2009, alleging that on August 5, 2009, during a re-inspection of the licensed premises, a DSI
4 Inspector found violations to license conditions #1, #2, #3, #4, #6 and #12; and
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WHEREAS, on October 7, 2009, the Saint Paul City Council approved imposition of the $1,000.00 matrix
penalty (CF# 09-1102); and
WHEREAS, the licensee was sent an IMPOSITION OF FINE letter from DSI on October 14, 2009
notifying him that $1,000.00 matrix penalty was to be paid by the end of business on November 6, 2009; and
WHEREAS, the licensee failed to pay the $1,000.00 matrix penalty by the November 6, 2009 deadline so a
Notice of Intent to Suspend License was sent on November 18, 2009, giving him until November 30, 2009 to pay the
$1,000.00 matrix penalty; and
WHEREAS, the license paid $500.00 of the $1,000.00 matrix penalty on December 1, 2009 and stated he
would pay the remaining $500.00 by December 24, 2oQ9; and
WHEREAS, the licensee failed to pay the remaining $500.00 of the matrix penalty by December 24, 2009,
now therefore be it
RESOLVED, that all licenses held by Khoa Van Mac d/b/a Mac Auto Center are hereby suspended for
failure to pay the remaining $500.00 of matrix penalty imposed by the Saint Paul City Council on October 7, 2009.
PAUL, MINNESOTA
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Yeas Nays Absent Requested by Depar[ment of:
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Adopted by Council: Date y �rd�
Form Approved by City
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Approv y ay � Date _
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)epartmentlOffice/Councii: Date lnitiated:
S � _ Dept. of Safety & Inspections � 22 JAN Zo�o ; Green Sheet NO: 3096256
' Contact Person & Phone:
' Virqinia D. Palmer
', 266-8710
Must Be on Council Agenda by
1d.03�FEB-10 ��sShAqM
Doc. RESOLUTION
E•DocumentRequired: Y
Document Contact: �ulie Kraus
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Y
Assgn �
Number a
For 3
Routing 4
Order 5
GonWct Phone: 26&8776 I I
Total # of Signature Pages _(Clip AII Locations for Signature)
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Approval of the attached resolution to take adverse acrion against the all llcenses 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.
Recommendations: Approve (A) or Reject (R):
Planning Commission
CIB Committee
Civil Service Commission
Pereonal Service Contracts Must Answer the Following Questions:
1. Has this personffirm everworked under a coMractfor ihis depaAment?
Yes No
2. Has this personffirm ever been a city employee?
Yes No
3. Dces this persoNFirm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes a�wers on separate sheet and attach to green sheet.
Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Licensee failed to pay the temain'vxg $500.00 of a$1,000.00 mahix penalty imposed by City Council on October 7, 2004 (CF #04-
1102).
Advantages If Approved:
Licensesuspension.
Disadvantages If Approved:
Disadvantages If Not Approved:
7otal Amount of
Transaction:
Funding Source:
Financiai Information:
(Explain)
CosURevenue Budgeted:
Activity Number:
January 22, 201� 1�:06 AM Page 1
DEPARTMENT OFSAFETY AND INSPECTION
Bob Kersler. Direclor
CITY OF SAIIVT PAUL
Chnstopher B Coleman, Mnyar
375 J¢ckson Street, Suve 220
Snm1 Paul, Minnuom 55/OI-1806
October 14, 2009
Khoa Van Mac
MAC Auto Center
1007 Arcade Street
Saint Paul, MN 55106
Dear Khoa Van Mac:
IMPOSITION OF FINE
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Tekphone.� 651-2669090
F¢csunile: 651-2669124
Web. www.stp¢uj.gov/dst
Enclosed is a copy of City Council Resolution Number 09-1102 which imposes a
fine for the following:
Violations to License Conditions #1, #2, #3, #4, #6 and #12.
The fine was approved and ordered by the Saint Paul City Council in final written
form at the Council's regular meeting on October 7, 2009.
The effect of this notice is a fine in the amount of $1,000.40 is due for the above
mentioned offense which is payable no later than the close of business (4:30 p.m.)
on Friday, November 6, 2009.
Please call me at 651 266-9108 if you have questions regazding this matter.
Sincerely,
t, ��..�,�.�,�, t� � O
Cluistine A. Rozek
Deputy Director
CAR/lab
enclosure
cc: Eastern Districf Commander-SPPD
Bob Kessler, Director-DSI
Julie Kraus, Legal Assistant
Kris Schweinler, Senior License Inspector
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Counril Fi1e # 0 J-
Green Sheet #�llf�
OF
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Presented by
RESOLt3'ffON
PAUL, MINNESOTA
S�
WfiEREAS, adverse action was taken against all liceases held by Khoa Van Mac dl6/aMAC Auco
Cente� (L,icense ID#I20020005904) for the premises located at 1007 Arcade Street in Saint Paul by Notice
of Violafion dated August 26, 2009, alleging that on August 5, 2009, during a re-fnspection of the licensed
premises, a DSI Inspector found violations to license conditions #1, #2, #3, #4, #6 and #12; and
WHEItEAS, the licensee had been cited previously by DSI for some of the same license coadition
violations by a Notice of Yiolation sent June 17, 20p9; and
9 WfiEREAS, due to the fact that this is tbe second violation to Iicense conditions within this yeaz•,
10 per Saint PauJ I.egislati�e Code §310.05 (mj (1), the licensing of5ce recommended a$1,000.00 matrix
11 penaIry; and
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13 WHETtEAS, the licensee did respond to Yhe Notice of Violation to request a public hearing which
14 was held on October 7, 2009; and now, therefore, be it
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RESOLVED, that Khoa'Van Mac d/t>/a MAC Auro Center �s heceby ordered to pay a matrix
penalty of $I,OOO.DD for license condition violations cited by a DSX Inspector during a re-inspection on
August 5, 2009. Payment of such penalty shall be made within chirty days of the date of the adoption oY
tN9s resolution,
This resolution, and action taken above, is based upon facts contained in the August 26, 2009,
Notice of Violation sent to the licensee and the arguments made at the public hearing on Ociober 7, 2009.
Req ue �by Departme nt �f:
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Form A ed by City Attomey
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Adopted by Council: Date �o � � Q
Adopti - fied y o nci ecre �—
ay: �
Approved by Ma . Date
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OFFICE OF THE CITY ATTORI�'EY
John J. Choi, CityAttomey
Sn[NT
""°L CITY OF SAINT PAUL CivilDivisian
� ChnstopherB.COleman,Mayor 400CityHall Telephone:657266-8770
75 West Kellogg Bfvd. Facsimile: 651298-5619
AAAA Saint Paul, Minnesota 55702
November 18, 2009
NOTICE OF INTENT TO SUSPEND LICENSES
Khoa Van Mac
MAC Auto Center
1007 Arcade Street
St. Paul, MN 55106
RE: All licenses held by Khoa Van Mac d/b/a Iv1AC Auto Center for the premises located at 1007
Arcade Street in Saint Paul
License ID #:20020005904
Deaz Khoa Van Mac:
The Department of Safety and Inspections (DSI) has recommended suspension of all licenses
held by Khoa Van Mac d/b/a MAC Auto Center for the premises located at 1007 Arcade Street in Saint
Paul. The basis for the recommendation is as follows:
On October 14, 2009, you were sent an IMPOSITION OF FINE letter from the
Department of Safety and Inspections requesting payment of the $1,000.00 matrix
penalty imposed by City Council on October 7, 2009 (CF #09-1102). The penalty
was imposed for violations to license conditions #1, #2, #3, #4, #6 and #12 during a
re-inspection of the licensed premises on August 5, 2009.
You were given until November 6, 2009, to pay the $1,000.00 matris penalty. As
of today's date it has not been paid.
At this time, you have three options on how to proceed;
You can pay the imposed $1,000.00 matrix penalty. If this is your choice, you will need to send
your payment to the Depaztment of Safety and Inspections at 375 Jackson Street, Ste. 220, St.
Paul, Minnesota 55101-1806 no later than Monday, November 30, 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 a waiver of the heazing
to which you are entitled.
AA-ADA-fiE0 Emplovcr
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MAC Auto Center
November 18, 2009
Page 2
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 will need to send me a letter with a statement admitting the facts
and requestang a public hearing. We will need to receive your letter by Monday, November 30,
2009. The matter will then be scheduled before the City Council for a public heanng to
determine whether to suspend your licenses. You wil] have an opportunity to appear before the
Council and make a statement on your own behalf.
3. If you dispute the above facts, you can request a heazing before an Administrative L,aw Judge. At
that hearing both you and the City will be able to appeaz and present witttesses, evidence and
cross-examine each other's witnesses. The St. Paul Ciry Council will ultimately decide the case.
If this is your choice, please advise me no later than Monday, November 30, 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
suspension of your licenses. In that case, the matter will be placed on the City Council Consent
Agenda for approval of the recommended penalty.
If you have questions about these options, please fee] free to contact me at 266-8710.
Sincerely,
�;rc ��,�,ti�.n (���
Virginl�a D. Palmer
Assistant City Attorney
cc: Christine Rozek, Aeputy Director of DSI
Khoa Van Mac, 890 Palace Avenue, St. Paul, MN 55102
Ms. Leslie McMurray, Exea Director, Payne Phalen District 5 Planning Council
506 Kenny Road, Ste. 130, St. Paul, MN 55130
A � A T A LC/1 L�....1...
STATE OF MINNESOTA)
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COUNTY OF RAMSEY )
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Julie Kraus, being first duly sworn, deposes and says that on the � day of
November, she served the attached NOTICE OF INTENT TO SUSPEND LICENSES by
placing a true and conect 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. 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 mai] at St. Paul, Minnesota.
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7uli aus
Subscribed and sworn to before me
this ✓� day of November, 2009
'L /"/,C3 � u� � �- (�t/Cc���-_
Notary Public
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AFFIDAVIT OF SERVICE BY U.S. MAIL
(12/2/2009) Julie Kraus - Fine Paid Page i l
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From: Annette Wald
To: Fuller, Margaret; Kraus, Julie; Palmer, Ginger; Rozek, Christine; Sc...
Date: 12/2/2009 7:51 AM
Subject: Fine Paid
$500.00 Rcvd from Khoa Van Mac - Mac Auto Center - 1007 Arcade